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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A52006 The Marqves of Clanrickards engagement of the nineteenth of November, 1646 Clanricarde, Ulick de Burgh, Earl of, 1604-1657. 1646 (1646) Wing M707; ESTC R4549 5,187 10

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THE MARQVES OF CLANRICKARDS ENGAGEMENT Of the nineteenth of November 1646. VPon the engagement and Protestation of the Generalls Nobilitie and Officers of the Confederate Catholiques Forces hereunto annexed I Vllycke Marques of Clanrickard doe on my pair solemnly bind and engage my selfe unto them by the reputation and honour of a Peere and by sacred Protestation upon the faith of a Catholique in the presence of Almighty God that I will procure the ensuing undertakings to be made good unto them within such convenient time as securities of that nature which are to be fetcht from beyond can well be procured and at the furthest by the first day of September next ensuing the date hereof or failing therein to unite my selfe to their parties and never to sever from them and these their Interests till I have secured them unto them First That there shall be a revocation by act of Parliament of all the Lawes in force within this kingdome in as much as shall concerne any penaltie inhibition or restraint upon Catholiques for the free exercise of their Religion Secondly that they shall not be disturbed in the enjoyment of their Churches or any other Ecclesiasticall possessions which were in their hands at the publication of the late Peace untill that matters with others referred already receive a settlement upon a declaration of His Majesties gracious intentions in a free Parliament held in this kingdome His Majestie being in a free condition himselfe Thirdly And I doe further engage my selfe never to consent to any thing that may bring them in hazard of being dispossessed and never to sever from them till I see them so secured therein either by Concession or by their trust and power in the Armies and Garisons of this kingdome as to put them out of all danger of being dispossessed Fourthly And I doe further engage my selfe that forthwith there shall be a Catholique Lieutenant Generall of all the Forces of the kingdome invested by His Majesties authoritie and that the Generalls or either of them signing to the said engagement shall be forthwith invested by His Majesties Authoritie with principall Commands worthy of them in the standing Army of this kingdome and likewise in some important Garisons now under His Majesties obedience and that a considerable number of the Confederate Catholique Forces shall immediatly be drawne into all the Chiefe Garisons under His Majesties obedience And I doe further assure proportionable advantages to such of any other Armyes in this kingdome as shall in like manner submit unto the Peace and His Majesties authoritie Fiftly This for securitie of as many of those particulars as shall not forth with be performed and made good unto them by the Lord Marques of Ormond His Majesties Lieutenant Governor of this kingdome I will procure them the Kings hand the Queene and Prince of Wales His engagement and an engagement of the Crowne of France to see the same performed unto them Sixtly And further for their assurance that my Lord Lieutenant shall engage himselfe punctually to observe such free Commands as he shall receive from His Majestie to the advantage of the Catholiques of this kingdome or during the Kings want of freedome ftom the Queene or Prince of Wales or such as shall be signified to him as the Kings positive pleasure by the Lord Digby as principall Secretarie of State And further that whilest the King shall be in an unfree Condition he will not obey any orders which shall be procured from His Majestie by advantage of His Majesties want of freedome to the prejudice of what is undertaken And Lastly I doe protest that I shall never esteeme my selfe discharged from this engagement by any power or authoritie whatsoever Provided on both parts that this engagement and undertaking be not understood or extended to debarre or hinder His Majesties Catholique Subjects of this kingdome from the benefit of any further graces and favours which His Majestie may be graciously enduced to concede unto them upon the Queens Majesties mediation or any other treatie abroad with His Holinesse And I doe further engage my selfe to imploy my utmost endeavour and power by way of petition solicitation and persuasion to His Majestie to affoord all the Subjects of this kingdome that shall appeare to have been injured in their estates redresse in the next free Parliament And I doe also further undertake that all persons joyning or that shall joyne in the present engagement shall be included in the act of Oblivion promised in the articles of Peace for any acts done by them since the publication of the said Peace unto the date of the said engagement Signed Clanrikard BY THE COVNCELL AND CONGREGATION Kilkenny 24. November 1646. WEE taking into consideration an Instrument intituled the Marques of Clanrickard his Engagement of the nineteenth of Novermber 1646. doe first observe that his Lordship is qualified with no knowne authoritie that might enable him to make good the undertakings therein exptessed if they did containe advantagious Concessions as they doe not and then let any man judge that looks with an indifferent eye whether the Peace of a kingdome to follow thereupon be grounded on sufficient fundation The next to be considered is the third Article where it is exprest that there shall be a revocation of all the lawes in force in this kingdome in as much as shall concerne any penaltie inhibition or restraint upon Catholiques for the free exercise of their Religion These words seeme plausible but he that will looke into 〈◊〉 Statute of 2. Elizabethae in the 1. 2. 3. and fourth Chapters and other the Statutes of force within this kingdome will find that no Bishop can be made or consecrated or doe the office of a Bishop in conferring orders of Priesthood or granting dispensations or faculties or any Priest exercise his Function after the Rites of the Roman Catholique Church by authoritie of the Sea of Rome but that by expresse words of the said Statute of 2. Eliz. in one of the said Chapters the first offence of that nature is under paine of Premunire which extends to imprisonment during life and the forfeiture of goods and lands the second offence is Fellony and the third offence against that law is High-Treason in the principalls a betters relievers and maintainers c. and the words of the said first Article doe extend onely to the revocation of the penalties against the exercise of Religion which will not take away the branches of those lawes that are against the exercise of Spirituall Iurisdictions or functions so as all our Prelates and Priests are left subject to the former dangers which doubtlesse the Confederate Catholiques did intend to free them from upon the taking of their oath of association by one of the Chapters of that Statute of 2. Eliz. Catholique Service or Masse is excluded out of the Churches and the Common Prayer Booke which the Protestants used introduced and cleerely for any thing mentioned in the said first Article no Masse can