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A56065 The propositions of the Roman Catholicks of Ireland as also the answer of the agents for the Protestants of Ireland made to the said propositions, and their petitions and propositions to His Majesty, and His Majesties answer to the propositions of the said Roman Catholicks, and the answer of James, Marquesse of Ormond, His Majesties Commissioner for the treatie and concluding of a peace in the kingdome of Ireland, to the said propositions. Confederate Catholics.; Ormonde, James Butler, Duke of, 1610-1688. 1644 (1644) Wing P3800; ESTC R36692 41,588 78

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vote in the said parliament by proxie or otherwise and none admitted to the house of Commons but such as shall be estated and resident within the Kingdome 11. That an act be passed in the next parliament declaratorie that the parliament of Ireland is a free parliament of it selfe independant of and not subordinate to the parliament of England And that the subjects of Ireland are immediatly subject to your Majestie as in right of your Crowne and that the members of the said parliament of Ireland and all other the subjects of Ireland are independant and no way to bee ordered or concluded by the parliament of England and are onely to bee ordered and governed within that Kingdome by your Majestie and such Governors as are or shall be there appointed and by the parliament of that Kingdome according to the lawes of the land 12. That the assumed power or Iurisdiction in the Councell-boord of determining all manner of causes bee limitted to matters of state and all pattents estates and grants illegally and extrajudicially avoyded there or elsewhere be left in state as before and the parties grieved their heires or assignes till legall eviction 13. That the statutes of the eleventh twelfth and thirteenth yeare of Queene Elizabeth concerning stapple-commodities be repealed reserving unto your Majestie lawfull and just pondage and a booke of rates to bee setled by an indifferent Committee of both houses for all commodities 14. That in as much as the long continuance of the chiefe governor or governors of that Kingdome in that place of so great eminencie and power hath beene a principall occasion that much tyrannie and oppression hath beene exercised upon the subjects of that Kingdome That your Majestie will bee pleased to continue such governors hereafter but for three yeares And that none once imployed therein bee appointed for the same againe untill the expiration of six yeares next after the end of the said three yeares And that an act passe to disinable such governor or governors during their government directly or indirectly in use trust or otherwise to make any manner of purchase or acquisition of any mannors lands tenements or hereditaments within that Kingdome other then from your Majestie your heires or successors 15. That an act may be passed in the next parliament for the raising setling of trained bands within the seuerall Counties of that Kingdome as well to prevent forraigne invasions as to render them the more serviceable and ready for your Majesties occasions as cause shall require 16. That an act of oblivion be passed in the next free parliament to extend to all your Majesties said Catholicke subjects and their adherents for all manner of offences capitall criminall and personall And the said act to extend to all goods and chattells customes maine-profits prizes arreares of rents taken received or incurred since these troubles 17. For as much as your Majesties said Catholicke subjects have been taxed with many inhuman cruelties which they never committed your Majesties said suppliants therefore for their vindication and to manifest to all the world their desire to have such heynous offences punished and the offendors brought to Iustice doe desire that in the next Parliament all notorious murders breaches of quarter and inhuman cruelties committed of either side may bee questioned in the said Parliament if your Majestie so thinke fit and such as shall appeare to be guiltie to be excepted out of the said act of oblivion and punished according their deserts For as much DREAD SOVERAIGNE as the wayes of our addresses unto your Majestie for apt remedies unto our grievances were hitherto debarred us but now at length through your benigne grace and favour layd open Wee doe humbly present these in pursuance of the said Remonstrance which granted your said subjects are ready to contribute the ten thousand men as in their remonstrance is specified towards the suppressing of the unnaturall rebellion now in this Kingdome And will further expose their lives and fortunes to serve your Majestie as occasions shall require The Answers of the Agents for the Protestants of Ireland to the Propositions of the Roman Catholicks of Ireland made in pursuance of his Sacred Majesties directions of the ninth of May 1644. requiring the same 1 TO the first wee say that this hath beene the pretence of almost all those who have entred into Rebellion in the Kingdome of Ireland at any time since the Reformation of Religion there which was setled by act of Parliament above eighty yeares since and hath wrought good effect ever since for the peace and welfare both of the Church and Kingdome there and of the Church and Kingdome of England and Protestant partie throughout all Christendome and so hath beene found wholesome and necessarie by long experience and the repealing of those Lawes will set Popery againe both in jurisdiction profession and practice as it was before the said Reformation and introduce amongst other inconveniences the Supremacie of Rome and take away or much endanger your Majesties Supreme and just authoritie in causes Ecclesiasticall a diminution of honour and power not to be endured The said acts extending aswell to seditious sectaries as to popish Recusants So as by the repeale thereof every man may seeme to be left to choose his owne Religion in that Kingdome which must needs beget great confusion and the abounding of the Roman Clergy there hath beene one of the greatest occasions of this late Rebellion Besides it is humbly desired that your Maiestie will be pleased to take into your gracious Consideration a clause in the act of Parliament past by your Majesties Royall assent in England in the seventeenth yeare of your raigne touching punishment to be inflicted upon those that shall introduce the authoritie of the See of Rome in any case whatsoever 2. Whereas they desire to have a free Parliament called reflecteth by secret and cunning implication upon your Majesties present Parliament in Ireland as if it were not a free Parliament Wee humbly beseech your Majestie to resent how dangerous it is to make such insinuation or intimation to your people of that kingdome touching that Parliament wherein severall acts of Parliament have already passed the validitie where of may be endangered if the Parliament should not be approved as a free Parliament and it is a point of so high nature as we humbly conceive is not properly to be discussed but in Parliament And your Majesties said Parliament now sitting is a free Parliament in Law holden before a person of honour and fortune in that Kingdome composed of good loyall and well affected subjects to your Majestie who doubtlesse will be ready to comply in all things that shall appeare to be pious and just for the good of the true Protestant Religion and for your Majesties service and the good of the Church and State That if this present Parliament should be dissolved it would be a great terrour and discontent to all your Majesties protestant subjects of that
the Masse or Sermon of any deriving power from thence and keep him in his house he is punishable as an ayder and abbettor within the words of the statute he knowing that whereof he cannot be ignorant by the rules of his profession As for the second branch of the said proposition let any man iudge whether it be reason sufficient of it selfe that the professors of the Roman Catholicke Religion both spirituall and temporall being to a few the Natives and residents of this kingdome should desire a freedome of their Religion and to be freed and exempted from the penalties and pressures aforesaid whereby his Maiesty never received any advantage and have beene the occasion of many inconveniences in the kingdome And it is evident that by this freedome all his Maiesties good subiects aswell Protestants as Catholickes will bee united more then ever before when their condition is equall and neyther partie have occasion to envy or oppresse the other It will not be unworthy of consideration that in reason of state the constitution of his Maiesties three kingdomes as now they stand being duely weighed that this freedome and exemption is most necessarie for his Maiesties service and safetie 2. It is of the essence of Parliaments to be free the contrary was practised here The composition of this Parliament is desired to be of men estated and interested in the kingdome of genuyne and right members and to bee returned from proper places and by right ministers The suspension of the act for this free Parliament cannot preiudice his Maiesty for that nothing is to passe as an act before transmission other then what shall bee agreed upon and expresly mentioned in the Articles of peace 3. It is conceived this pretended Parliament was determined by the death of the Lord Deputy VVandesford most of the estated and right members thereof did not appeare in it since the 7. of August 1641. those who now appeare as members thereof viz. of the Commons-house are for a great part not much interessed and other wholy uninteressed therein and one order therein made to exclude the said Catholicks from the house other orders to their disadvantage were and or might have beene made in the said Commons-house Therefore it is desired that all the proceedings of the said pretended Parliament may be declared voyde and taken of the file 4. When those indictments were found outlawries promulged the said Catholickes are informed and hope to iustifie that those who governed in this kingdome or some of them did plot and practise the totall extirpation of the said Catholicks asmuch as in them lay did encrease the troubles to that end and shute up the gates of his Maiesties mercie against the said catholickes even against those who were undeniably innocent as may appeare by many instances the manner of appointing of Sheriffes who returned the Iurors the persons appointed the Iurors condition affection the infinite numbers of the persons indicted outlawed being never called to answer other circumstances touching or depending of the said Records being so generally destructive to the said Catholicks they cannot otherwise choose then to insist on the taking them of from the file that no such markes of infamy may remayne of Record against them whose ancestors for the space of foure hundred yeares and upwards faithfully served the Crowne 5. This proposition is so just and equall in it selfe that there needeth not any reason or proofe to be urged for it 6. This proposition being yeelded into by the answer except the late Plantations in the County of VVicklow and Iduogh in the county of Kilkenny and excepting the encrease of Rents is referred to what shall bee urged upon the fixt answer 7. In all or most Letters-patents granted of Plantation Lands and some other lands in this kingdome since the making of the said statutes certaine clauses and conditions were inserted in them that no land should be sold or past to any of the meere Irish or of the Irish Nation as the cōdition is in some Patents these clauses doe did nourish division and distinction between his Maiesties subiects the like was never used in England nor in any other kingdome They extend not only to the old Irish but likewise by construction to the old English for he that is borne in Ireland though his parents and all his ancestors were Aliens nay if his parents were Indians or Turks if converted to Christianitie is an Irish-man as fully as if his ancestors were here borne for thousands of yeares and by the Lawes of England as capable of the liberties of a subiect Such markes of distinction being the insteps to trouble and warre are incompatible with peace and quiet 8. The said Roman Catholickes being rendred incapable of any command or trust by the statutes aforesaid may be relieved herein upon removall of the impediments mentioned in the reasons for the first proposition and particular instances shewed for the present yet such were the Character layed upon them here and the representations made of them from hence heretofore into England that they apprehend they suffer thereby in his Majesties opinion of them which they conceive an impediment and stop to many graces and favours they expect and hope to merite from his Majestie In all ages past before the said statutes their ancestors were preferred to places of eminence and trust within their Native countries and since very seldome three presidents since can hardly be instanced The condition of Roman Catholickes in Ireland where there are an hundred Catholickes to one of any other Religion differs much from that of England or Scotland where there is scarce one Catholicke to a thousand of the protestant religion In all the Nations of Christendome the Natives of the place are advanced before others 9. The Court of Wards was begun here a bout the foureteenth yeare of King Iames and never before It hath not the warrant of any Law or statute In England it was erected by act of Parliament The subject is extreamely oppressed thereby by the multitude of informations against all freeholders from the highest to the lowest without any limitation of time the frequent Courts of Escheaters Feodaries the destruction of the Tenures of mesnes Lords by making many Tenures to be In Capite against Law by the sale of the wards from hand to hand as of Horses in a Market by the want of Provision for portions of younger children whereby they perish or take ill courses debts remaine unsatisfied and though by the statute of Merton cap. 5. Vsurie doth not runne upon Infants yet the Collaterall security eyther of men or Land mortgaged are not relieved by that statute The King never received one shilling advantage by this Court ultra reprisas for twenty shillings damage done thereby to his people the vast fortunes of the officers and ministers of the said Court how suddainely raysed on the ruynes of many others his Majesties subjects And let all the wards since the
THE PROPOSITIONS OF THE ROMAN CATHOLICKS OF IRELAND Presented by their Commissioners to His Sacred Majestie in April M. DC XLIV As also the Answer of the Agents for the Protestants of Ireland made to the said Propositions and their Petition and Propositions to His Majesty with His Majesties answer to the Propositions of the said Roman Catholicks And the answe● of IAMES Marquesse of Ormond His Majesties Commissioner for the treatie and concluding of a Peace in the Kingdome of Ireland to the said Propositions 〈…〉 Waterford by Thomas Bourke Printer to the Confederate 〈…〉 Catholicks of Ireland M. DC XLIV TO THE READER WHereas the Supreme Councell of the Confederate Catholicks of Ireland imployed severall persons of qualitie into England authorized by Commission to supplicate his Majestie for redresse of the grievances of the said Catholicks and to settle a firme peace in Church and Commonwealth who having then for some time attended His Majestie to that purpose His Majesties good intentions to the peace of this Kingdome was for that present diverted by the false Informations of persons ill affected to this Nation whose suggestions happened to be then listned unto and answers accordingly given So as the said Commissioners returned into this Kingdome with hopes onely that His Majestie might in time bee better possessed of the power and affections of His Catholicke subjects here and of the use to be made thereof His Majestie being pleased notwithstanding the said informations to give Commission to the Lord Marques of Ormond Lieutenant Generall of Ireland for the continuance and concluding of the treatre begun before His Majestie In pursuance of which Commission the said Catholicks presented their propositions the same in substance they first presented to His Majestie in Oxford unto which some answers were made which being no way satisfactorie were replied unto and so the matter proceeded to a long dispute debate wherein many difficulties occurring the treatie was adjourned and so continues till the tenth of Ianuary next by which time His Majesties resolution upon the whole matter represented unto him is expressed a firme lasting peace hoped for This being the state the treatie is in at this time it may be conceived improper to give an account of the particular passages which are but overtures and alterable as it is well hoped and little to bee doubted but that in this they will bee yet some to breed distraction and mistrusts among the said Confederates or blinded with private and ambitious ends and impatient of any delay have been so malicious or mistaken as to traduce the said Confederate Catholicks and their Commissioners affirming they might have obtained Conditions satisfactorie to any reasonable people but that they rejected the same To satisfie therefore all indifferent Iudgements that may enter into the consideration of the said proceedings and to make it manifest that the whole scope of the said Catholicks was and is for the freedome of the Nation in their Religion Estates and Liberties with out trenching upon His Majesties rights or other end and that it may appeare how farre the proceedings hitherto come short of that It was thought necessary to expose those proceedings to publicke view by putting them to the presse so to cast off those aspersions that ignorant or malicious persons endeavour to cast upon them having yet neverthelesse assured hopes that His Majesty will in time afford remedies to these Complaints and with a gracious eye looke upon the sufferings of this afflicted nation The propositions of the Roman Catholicks of Ireland humbly presented unto His Sacred Majestie in pursueance of their Remonstrance of grievances and to bee annexed to the said Remonstrance 1. THat all Acts made against the professors of the Roman Catholicke Faith whereby any restrainte penaltie mulct or incapacitie may bee layed upon any Roman Catholicke within the Kingdome of Ireland may bee repealed and the said Catholicks to be allowed the freedome of the Roman Catholicke Religion 2. That your Majestie will bee pleased to call a free Parliament in the said Kingdome to bee held and continued as in the said Remonstrance is expressed and the statute of the tenth yeare of King Henry the seventh called Poynings act and all acts explayning or enlarging the same be suspended during that parliament for the speedy settlement of the present affaires and the repeale thereof to bee there further considered of 3. That all acts and ordinances made and passed in the now pretended parliament in that Kingdome since the seventh day of August 1641. be cleerely annulled and declared voyd and taken of the file 4. That all Indictments Attainders Outlawries in the Kings Bench or elsewhere since the said seventh day of August 1641. And all letters pattents grants leases custodiums bonds recognizances and all other records act or acts depending thereupon or in prejudice of the said Catholicks or any of them bee taken off the files annulled and declared void first by your Majesties publicke Proclamation and after by act to be passed in the said free Parliament 5. That inasmuch as under collour of such outlawries and attainders debts due unto the said Catholickes have been granted levyed or disposed of and of the other side that debts due upon the said Catholicks to those of the adverse partie have been levied and disposed to publicke use that therefore all debts be by act of Parliament mutually released or all to stand in statu Quo. notwithstanding any grant or disposition 6. That the late offices taken or found upon fayned or old titles since the yeare 1634. to intitle Your Majestie to severall Countreyes in Connaght Thomond and in the Counties of Tipperarie Lymmericke Kilkenny and VVickloe be vacated taken off the file the possessors setled secured in their ancient estates by act of Parliament And that the like act of limittation of your Majesties titles for the securitie of the estates of your subjects of that Kingdome be passed in the said parliament as was enacted in the one and twenty yeare of his late Majesties raigne in this Kingdome 7. That all Marckes of incapacitie imposed upon the natives of that Kingdome to purchase or acquire lands leases offices or hereditaments be taken away by act of parliament and the same to extend to the securing of purchases leases or grants already made And that for the education of youth an act be passed in the next parliament for the erecting of one or more Inns of Court Vniversities free and common schooles 8. That the offices and places of command honour profit and trust within that Kingdome be conferred upon Roman Catholicks natives in equalitie and indifferencie with your Majesties other subjects 9. That the insupportable oppression of your subjects by reason of the Court of Wards and respit of homage be taken away and a certaine revenue in lieu thereof setled upon your Majestie without diminution of your Majesties profit 10. That no Lord not estated in that Kingdome or estated and not resident shall have
your Majesties service to be taken into consideration as first with regarde of the statutes made in the present Parliament of England Secondly the necessarie encrease of your revenue decayed by the present rebellion Thirdly the abolishing of the evill custome of the Irish and preservation of Religion Lawes and government there Fourthly the satisfaction of your protestants subjects losses in some measure Fiftly the arrears of your Majesties Army and other debts contracted for that war for preservation of that Kingdome to your Majestie Sixtly the bringing in of more Brittish on the plantations Seventhly the building of some walled Townes in remote and desolate places for the securitie of that kingdome and your good subjects there Eightly the taking of the Natives from their former dependencie on their chiefetaynes who usurped an absolute power on them to the diminution of your Regall power and to the oppression of the inferiour 7. This we conceive concerneth some of the late plantations and no other part of that Kingdome and that the restitution herein mentioned is found to bee of great use especially for the indifferencie of tryalls strength of the government and for trade and trafficke and we humbly conceive that if other plantations shall not proceede for the setling and securing of that Kingdome that no restraint be made of papists purchasing or buying of the protestants out of their former platations where they were prudently planted though now cast out of their estates by the late rebellion unable to plant the same againe for want of meanes and therefore probably upon easy tearmes will part with their estates to the Confederates That those plantations will be destroyed to the great prejudice of your Maiesties service and endangering of the safety of that Kingdome Touching bearing of offices we humbly conceive that their non-conformitie to the lawes and statutes of that Realme is the onely marke of incapacity imposed upon them And wee humbly conceive that they ought not to expect to be more capable there then the English Natives are here in England in like case For Schooles in Ireland there are divers setled in all parts of that Kingdome already by the Lawes and statutes of that Realme And if any person well affected shall erect and endow any more schools there at their owne charges So that the Schoole-masters and schollers may be governed according to the lawes custome and orders of England and the best of free scholes here Wee cannot apprehend any iust exceptions thereunto but touching Vniversities and Innes-of-Court We humbly conceive that this part of the proposition savoureth of some desire to become independent upon England or to make a separation in the Religion and lawes of the kingdome which can never be truly happy but in the good unitie of both in the true protestant religion and in the lawes of England For as for matter of charge such of the Natives as are desirous to breede their sonnes for learning in divinitie can be well content to send them to the Vniversities of Lovain Doway and other places in forayne Kingdomes and for Civill law or Physicke to Padua other places which drawes a great treasure yearely out of your Majesties Dominions but will send few or none of them to Oxford or Cambridge where they might as cheaply be brought up and become as learned Which course we conceive is holden out of their pride and disaffection towards this Kingdome and the true Religion here professed And for the lawes of the land which are for the Common-lawes agreeable to England so for the greatest part of the statutes the Innes of Courts in England are sufficient and the protestants come thither without grudging And it is a meanes to civilize them after the English customes to make them familiar and in love with the language and Nation to preserve law in the puritie when the professors of it shall draw of one originall fountaine and see the manner of the practise of it in the same great Channell where his Majesties Courts of Iustice of England doe flow cleerely Whereas by separations of the Kingdomes in the place of their principall instruction where their foundations in being are to be layd a degenerate corruption in Religion and Iustice may happily be introduced and spred with much more difficultie to be corrected and restrayned afterwards by any discipline to be used in Ireland or punishments there to be inflicted for departing from the true grounds of things that are best preserved in unitie when they grow out of the same roote then if such Vniversities and Innes of Court as are proposed should be granted All which wee humbly submit to your Majesties most pious and prudent Consideration and Iudgement 8. We humbly conceive that the Roman Catholicks Natives in Ireland may have the like offices and places as the Roman Catholickes Natives of England here have and not otherwise Howbeit we conceive that in the generallity they have not deserved somuch by their late rebellion Therefore we see not why they should be endowed with any new or further capacity or priviledges then they have by the Lawes and statutes now in force in that Kingdome 9. Wee know no oppression by reason of the Court of Wards and wee humbly conceive that the Court of wards is of great use for the raysing of your Majesties revenues the preservation of your Maiesties Tennures and chiefly the education of the Gentry in the protestant Religion and civilitie of learning and good manners who otherwise would bee brought up in ignorance barbarisme their estats be ruyned by their kindred and friends and continue their dependance on the chiefe Lords to the great preiudice of your Maiesties service and protestant subiects and there being no colour of exception to your Maiesties iust Title to wardships we know not why the taking away of Court concerning the same should be so pressed unlesse it be to prevent the education of the Lords and Gentry that fall-wards in the protestant religion For that part of this proposition which concernes respit of homage we humbly conceive it reasonable that some way may be setled for this if it stands with your Maiesties good pleasure without preiudice to your Maiesty or your protestant subiects 10. Wee humbly conceive that in the yeare 1641. by the graces which your Majestie then granted to your subjects of Ireland the matter of this proposition was in a faire way regulated by your utter abolishing of blancke proxies limitting Lords present and attending in the Parliament of Ireland that no one of them should be capable of more proxies then two and prescribing the Peeres of that Kingdome not there resident to purchase fitting proportions of land in Ireland within five yeares from the last of Iuly 1641. or else to loose votes till they should make such purchase which purchase by reason of the troubles happening in that Kingdome which have continued for two yeares and a halfe have not peradventure yet beene made And therefore
to the agreement on this Treatie As to the exception taken to the clause in the answer viz. that the parliament shall be dissolved upon an attempt onely of propounding any other matter then shall be agreed upon by the articles of peace albeit the clause is not so as it is recited Yet the Lord Marquesse for their further satisfaction is pleased that the word attempt be left out of the clause wherein it is and it bee expressed in manner following viz. And that nothing be concluded by both or eyther of the said houses of parliament which may bring prejudice to any of his Majesties protestant partie or their adherents And for their desire to have Poynings act suspended forasmuch as it is assented unto that no act of parliament is to passe upon the suspension of Poynings act without transmission according to the usuall manner but what shall be provided for in the Articles of peace And that it is enacted by act of parliament of force in this kingdome that Poynings act cannot bee suspended but by Bill to be first agreed upon by both houses of parliament in this kingdome which is likewise to be transmitted according to the usuall manner which will take up asmuch time as the transmitting of the Bils which are to bee agreed on this Treaty And seeing the benefits which shall be held fit to be derived to the proposers may be as effectually and with more speed done without suspending of Poynings act as by suspending thereof His Majestie doth not see cause why the same should be desired But he is very apprehensive of the prejudice the suspension thereof may bring upon himselfe and the publicke service by disquieting the mindes of his protestant subjects in both kingdomes if that he should admit such innovation at this time there being no necessitie thereof and therefore his Majestie aswell for that as other weighty considerations may not vary as unto that particular from his former answer 3. Answ If both or eyther of the houses of parliament have made any orders wherein his Majesties concurrence hath not beene It doth rest onely in the power of the house or houses and not in his Majestie to vacate such orders except they doe appeare in themselves to be illegall And in such cases his Majestie will declare such to be voyde and give directions for the vacating of them as in the particular whereof instance is made for excluding members duely elected and returned according to the established lawes of this kingdome out of the house of Commons who should refuse to take the oath of supremacie which without an act of parliament to warrant it cannot bee in such case imposed but his Majestie may not admit the present parliament to be voyde nor declare all that hath beene done therein since the seventh of August 1641. to bee voyde for that many orders much tending to his Majesties honour and the safetie of this kingdome wherein both houses did joyne have beene made since that time as the prohibiting the taking of the Covenant so destructive to Monarchy and the Church which hath been condemned by both the said houses Their joynt approbation of the late Cessation The petition wherein both houses joyned to his Majestie and others of that kinde 4. Touching the exception taken to that part of the answer to the fourth proposition concerning the Generall pardon The Lord Marquesse declares that it is meant thereby that the said generall pardon shall extend to restore them excepting such as shall be on this Treaty agreed to be excepted to their bloud and estate by act of parliament whereby all Grantes Letters-patents Acts Letters Promises shall bee avoyded But his Majestie cannot in justice publish any such Proclamation or give any such direction to the parliament as is desired before the persons intended to be charged be heard and the matters suggested proved which if they shall his Majestie will then doe therein what shall be just And in the meane time cannot thinke ill of his ministers of state imployed in this kingdome nor of the proceedings of any of his Majesties Courts of Iustice And for their desire that there should be no exception in the pardon his Majestie may not assent thereunto 5. His Majestie will be pleased that debts doe stand in statu quo having as unto such who shal be agreed in this treatie to be excepted out of the generall pardon and excepting one particular summe which hath beene payed into his Maiesties Exchequer 6. His Majesty may not agree to the avoyding of the Plantations in the countie of VVicklow Territory of Idough in the countie of Kilkenny part of the Lands in the countie of VVicklow viz. the Ranelagh being confirmed by act of parliament and so much of the rest of the lands in the said county as fell to his Majestie upon the division and the Territory of Idough being passed by Letters-patents under the great Seale upon the Commission of Grace for remedy of defective Titles strengthned likewise by act of Parliament which his Majestie may not in honour avoyde And his Majestie doth conceive it were unsafe for divers of his Majesties subjects who have purchased estates grounded upon his Majesties title that the statute of Limitations should have such a retrospect as is desired which in time would overthrow the estates of many of his Majesties subjects who acquired estates for valuable considerations And therefore his Majestie may not assent thereunto but for taking off or abating of Rents contracted or agreed for his Majestie is pleased that the course prescribed in his answer to the twelfth additionall proposition be observed 7. His Majestie may not admit that the governing of the Innes of Court Vniversitie and free-schooles by such statutes rules and orders as his Majestie shall approve of and be agreeable to the customes of England will debarre Roman Catholickes so long as they are of that Religion from attayning to the lawes of the Land or any other learning within the kingdome for those of that Religion in England and who goe from hence doe attayne the knowledge of both in the Vniversities and Innes of Court there in an eminent manner and may doe the like here 8. There being no offices or place excepted in the former answer the Proposers may rest satisfied therewith it being in his Majesties power to dispose of such places and offices by his Letters-patents as occasion shall be offered and thereby to remove all impediments mentioned by the Proposers 9. His Majestie doth not admit such abuses to have beene in his Court of wards and the ministers thereof as are set forth in the reasons for the ninth proposition untill proofe bee made thereof And his Maiestie doth beleeve that exceeding great benefit may redound to the kingdome by the continuance and right ordering thereof And therefore conceiveth his former answer to be reasonable And it seemeth not equall which is propounded that there should bee first an extinguishing of the Court and the Tenures in
Counsellors ludges and Officers as occasion shall require may bee called upon and heard to give your Maiesty the better satisfaction in these particulars and that to the same purpose the Booke of the said Collections may be perused and considered of as your Maiestie shall finde most requisit The humble petition of divers of your Maiesties Protestant subiects in your Kingdome of Ireland as well Commanders of your Maiesties Army here as others whose names are subscribed in the behalfe of themselves and other your Protestant subiects in this your Kingdome To the Kings most Excellent Majestie SHeweth that this your Highnesse Kingdome reduced with a vast expence of treasure and much effusion of Brittish blood to the obedience of the Imperiall Crowne of England hath been by the Princely care of your progenitors especially of Queene Elizabeth and of your Royall Father of ever blessed memory and your sacred Majesty in many parts happily planted great summes of moneyes disbursed in building and improvements Churches edified and endowed and frequented with multitudes of Protestants and your Custome and revenues raised to great yearely summes by the industry of your Protestant subjects especially and great summes of moneis by way of subsidies and contributions cheerfully payed unto your Majestie by your said subjects in which happinesse this your Kingdome hath flourished in a long continued peace and under your highnesse most glorious and happy governement untill that by the present generall rebellion and conspiracy raised out of detestation of your blessed Governement and for the rooting out of the Protestant Religion and so for the dispossessing of your Majesty of this your said Kingdome without the least occasion offered by your Majesty or the Protestant subjects And notwithstanding that your Majesty immediatly before had enlarged beyond president your Royall favour and bounty to them in granting all that their and our joint Agents did desire of your Majesty and wee continuing amongst them in all love and amity without distrust your petitioners and others who laboured to oppose those damnable designes and practices have been driven from their dwelling estates and fortunes their houses and Churches burnt and demolished all monuments of civillity utterly defaced your Majesties Forts and places of defence throwne downe and the Common and statute lawes of this your Kingdome utterly confounded by taking on themselves the exercise of all manner of authorities and Iurisdictions Ecclesiasticall and Civill both by land and sea proper and particular to your sacred Majesty being your just prerogatives and the Royall flowers of your Imperiall Diademe to the disherison of your Crowne and your royall revenues brought to nothing And the Protestant Clergie with their Revenues and support for the present destroyed This your Kingdome in all parts formerly inhabited by Brittish Protestants now depopulated of them and many thousands of your Protestant most barbarously used stripped naked tortured famished hanged buried alive drowned and otherwise by all barbarous cruell sorts of death muthered and such as yet remaine alive of them are reduced to that extremity that very few of them have wherewithall to maintaine a being And all of them so terrified and afflicted with those barbarous and inhuman cruelties the true reports whereof being now spread abroad into the Christian world your suppliants conceives feares your Majesties Brittish subjects will be discouraged from coming againe to inhabite this Kingdome And the remnant of the Brittish left here will bee forced to depart All this being done by the Conspiracy of the Papists who did publickely declare the utter extirpation of the Protestant Religion and all the Brittish professors thereof out of this your Majesties Kingdome and to the end this may the better in some measure appeare your suppliants have made choice of Captaine M. William Ridgeway Sir Francis Hamilton Knight and Barronet Captaine Michael Iones and M. Fenton Parsons whom they have imployed and authorized as their Agents to manifest the truth thereof in such particulars as for the present they are furnished withall referring the more ample manifestation thereof to the said Captaine M. William Ridgeway Sir Francis Hamilton Captaine Iones and Fenton Parsons or any three or more of them and such other Agents as shall with all convenient speed bee sent as occasion shall require to attend your Majesty from the Protestant subjects of the severall Provinces of this your Kingdome VVee therefore your Majesties most humble loyall and obedient Protestant subjects casting downe our selves at your Royall feete and flying to you for succour and redresse in our great calamity as our most gracious Soveraigne Lord and King and next and immediatly under Almighty God our protector and defender most humbly beseeching your Sacred Majestie to admit into your Royall presence from time to time our said Agents and in your great wisedome to take into your Princely care and consideration the distressed estates and humble desires of your said subjects for that the glory of God your Maiesties honour and the happinesse of your good subiects the Protestant Religion may be restored through the whole Kingdome to its luster and the losses of your Protestant subiects may be repayred in such manner and measure as your Maiestie in your Princely wisedome shall thinke fit and that this your Kingdome may be so setled as that your said Protestant subiects may hereafter live therein under the happy government of your Maiestie and your Royall posteritie with comfort and securitie whereby your Maiestie will render your selfe throughout the whole world a most iust and glorious defender of the Protestant Religion and draw downe a blessing on all other your Royall undertakings for which your Petitioners will ever pray c. A list of the names of those who have underwritten their names to this petition GEorge Kildare Montgomerye H. Blany VV. Ridgeway Ia. Montgomery Cha. Coote Fra. Hamilton Arthur Forbis Robert Han'y Fra. Slinsby VVilliam Colley Arthur Blundell Ia. Dunbar Ed Powey Tho. Meredith Arthur Loftus VVilliam Vsher. Geo. Monke Francis VVilloughby Robert Sterling Io. Morris Henry Iones Io. Piggot Robert Bayly Fra. Moore Ed Philpot. VV. Parsons Iunior Arthur Culme Erasmus Burrowes Io. Edgeworth VVilliam Dodwell Io. Newman VVilliam Plunket Io Ferrar. Io. Cliffe Peter VVybrants Theod. Scout Brean Stapleton Da. Dunbar Tho Nill Geo. Lawnder Hen. Tillier Hugh Cogh●an VVilliam Gilbert VVilliam Montgomery Ia. Calvill VVilliam Iohnson Geo. Montgomery Robert VVh●●field Io. Lo●bell Hugh Montgomery Io Rayvan Iosaa VVheeler Arch Hamilton VVilliam VVhite VVilliam Piggot Tho. Tully Roger Atkinson Nich Simpson Oli VVheeler VVilliam Alsry Adam Meredith Tho. Coote Edw Piggot Ia. Deroaile Geo Boothe VVilliam Knight Robert Sanderson Ia. Starling An. Dopping Radeliffe Du●kinfield VVilliam Lu●●● Tho. Leigh Dan. Hester Robert ●er●ivall Ia. Crawford Stephen Allen. VVilliam Anberry Iohn Doyle Edw. Spring Io. Iohnson Tho. Almer Io. Hoy. Robert ●ennedy Cooley 〈◊〉 Robert Co●● Robert Stewar● Tho. VVhite Pat. Connemag Dudley Colley Nic. Pinnar Sa Mull●nax Ia. Kennedy Hen. Kenney VVilliam Hamilton VVilliam Billing VVilliam Vmphry
Hugh Ionne Io. Leight Andr Brereton Io Clerke Roger Holland Io. S●erring Mar. Higginson Io. VValler Iohauth Holt. Edw. Fisher Capt. Tho. Lewton Tho. M●nley Ios Holt. Io. C●mberlege And. Cumble Geo. Chibaldist Io. Ro● Fra Barser Nath. Stoug●●●● VVill. Boding●on And. ●●●●g Edw. Barten Io. Pinrose VVill Richardson Robert Masson VVilliam Heward Ia. VVoodcocke And. VVatson Robert Iones VVilliam Tedder And. Iones Robert Boyer VVilliam Medcalfe Iona. Costie VVilliam Sands Natha Poster Io. Field VValter Fraster His Majesties answer to the propositions of the Roman Catholicks of Ireland COncerning any thing in Religion his Majesties answer is That as the Lawes against those of the Romish Religion within that his Kingdome of Ireland have never been executed with any rigour or severity So if such his subjects shall by returning to their duty and loyalty merit his Majesties favour and protection they shall not for the future have cause to complaine that lesle moderation is used towards them then hath been in the most favorable of Queene Elizabeth and King Iames his times Provided that under pretence of Conscience they doe not stirre up sedition but live quietly and peaceably according to their Allegiance 2. Touching the calling a free Parliament by which his Majestie supposes the proposers intend a new Parliament his Majestie sayes he could wish that all the particulars might bee fully agreed on and ratified this Parliament his Majestie well understanding that his Protestant subjects may bee in farre greater danger in a new Parliament then the proposers and their Party can bee in this his Majestie being willing to give them any security that can bee desired against their apprehensions however since some objections and doubts are raised of the legall continuance of this Parliament since the death of the Lord Deputy VVansford and by the late arrivall of his Majesties Commission after the day of meeting upon the prorogation though those doubts may bee easily solved his Majestie is content to call a new Parliament upon condition that all particulars bee first agreed on and the Acts to be passed bee first transmitted according to custome for his Majestie will by no meanes consent the suspension of Poynings Act and the proposers giving his Majestie security that there shall be no attempt in that Parliament to passe any other Act then what is agreed on first transmitted or to bring any other prejudice to any of his Majesties Protestant subjects there 3. His Majestie neither can nor will declare Acts in themselves lawfull to bee voyd but is content that neither the Proposers nor their party shall suffer any pejudice by any Acts or Ordinances passed since the time in that proposition mentioned by reason of this commotion And for that end shall give his full concurrence 4. The matters of the foure five and sixteenth Propositions are to bee digested into an Act of Oblivion in which his Majestie will admit any Clauses to enlarge his mercy but will not by declaring Indictments legally taken regularly prosecuted to be voyd give any countenance to or make any excuse for the present Rebellion which would be a great prejudice to truth and to the future security of that Kingdome And therefore His Majestie is content to grant a full and generall Pardon to all persons whatsoever within that his Kingdome except for all Treasons Rebellion or other crimes whatsoever growing or arising from or by reason of the said Rebellion will likewise give his consent to such an Act of Oblivion as shall be prepared transmitted to him by the advise of his Lord Lieutenant Councell of Ireland who are fittest to consider in what state debts are to bee left and particular actions and remedies to bee waved in which His Majestie for the peace of the Kingdome will bee content to release what concernes himselfe 6. When all particulars shall bee agreed on and faithfully executed on the parts of the Proposers his Majestie expecting a just acknowledgement of his bountie as well knowing that he parts with very much to which hee hath a legall and undoubted title is content to release and quit his right to all such lands in the Counties mentioned except within the Countyes of Kilkenny and Wickloe upon the tearmes formerly assented by his Majestie in his Answer to the grievanees in the seventeenth yeare of his Raigne and will consent to such an Act of limitations as is desired 7. When all other things shall bee concluded his Majestie will consent to an Act for the taking away any incapacity as Natives either to lands or offices if any such there bee And will willingly consent to the erecting an Innes of Court Vniversity or free-schooles provided that they bee governed by such Statutes and Orders as His Majestie shall approve and agreable to the Custome of this Kingdome 8. Such of His Majesties subjects of the Romish Religion within that Kingdome as shall manifest their dutie and Affection to His Majestie shall receive such marks of His Majesties favour in offices and places of trust as shall manifest His Majesties good acceptance and regard of them 9. His Majestie will take care that his good subjects of that Kingdome shall not be oppressed by his Court of Wards and if oppressions of that kind have been upon good and due information His Majestie will cause Iustice to be done for the time past and for the future will prevent the like by Instructions But for the taking away of that Court His Majestie can make no answer till the particulars for his satisfaction bee set downe and presented to him 10. His Majestie consented as farre as is fit for him in this Point in his answer to the five and twentieth grievance in the seventeenth yeare of his Raigne the which he is still willing shall bee enacted looking forward still to five yeares to begin after the peace concluded 11. His Majestie conceives the substance of this Proposition which concernes the fundamentall Rights of both Kingdomes fit to bee referred to the free debate and expostulation of the two parliaments when it shall please God that they may freely and safely sit His Majestie being so equally concerned in the priviledges of either that hee will take care to the utmost of his power that they shall both conteine themselves within their proper limitts his Majestie being the Head and equally interessed in the Rights of both parliaments 12. This is sufficiently provided for in his Majesties Answer to the tenth grievance which hee is content shall passe 13. Since it appeares by long experience that these Lawes have not produced that good effect for which they were made his Majestie was graciously pleased by his late Graces that those Statutes should bee repealed save onely for woolls and woollfells and will observe the same resolution And a Booke of rates shall bee setled by an indifferent Committee 14. His Majestie doth not admit that the long continuance of the Chiefe Governor of that Kingdome in that place hath been an occasion of much