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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A90187	Severall papers of the treatie between His Excellencie Iames Marques of Ormond, Lord Lieutenant Generall of Ireland for the King, on the one part; and Sir Thomas Wharton, Sir Robert King, Sir John Clotworthy, Sir Robert Meredith, knights, and Richard Salwey Esquire, commissioners authorized by the two Houses of Parliament of England; on the other part. VVith the commissioners instructions concerning the Lord of Ormond; the instructions concerning the Protestants of Ireland, & compositions of delinquents: His Excellencies answer; and the Lord Lieutenants reply. With their reply to all his exceptions. And the Kings Maj. directions.	Ireland. Lord Lieutenant (1641-1649 : Ormonde); Ormonde, James Butler, Duke of, 1610-1688.; Wharton, Thomas, Sir.; England and Wales. Sovereign (1625-1649 : Charles I); England and Wales. Parliament.	1646 (1646)	Wing O458A; Thomason E378_4; ESTC R201374	32,080	45

of Parl. By all Ordinances of Parl. we only intend such Ordinances whether already made or to be made as all others do submit unto who never offended the Parliament And whereas liberty is given to compound for such estates as any of them shall have in England they submitting to all Ordinances of Parl. By all Ordinances of Parl. wee intend only such as all persons now compounding in England do submit unto provided that all those that are thus admitted ●o their composition do effectually prosecute the same within 6 moneths after the publication of this Articles And whereas in the fourth Article of the first paper delivered in to your Lordship offer is made of 5000. l. in money and 2000. l. per annum to bee paid your Lordship in manner as is expressed in the said Article we now hold it fit to declare that if it shall be more to your Lordships satisfaction and content we have power given us and shall accordingly grant what you desired in the 6. Article of your Lordships additionall instructions sent to the Par. according as is in the paper herewith delivered in expressed And we lustly hold it fit to make known unto your Lordship that power is also given to us to agree for allowances to be paid to other persons by constam pension during the Warre of Ireland not exceeding the summe of 2000. l. per annum which pensions are to continue till they can receive the like benefit by their own estates We do now particularly declare to your Lordship and sooner according to our instructions we could not that wee have no power to enlage our elves beyond what we have expressed And do therefore now again intreat our Lordships positive answer upon the whole which we must the rather desire may be expedited for that we are according to our instructions to bring our debates to a conclusion within 4 dayes at the furthest after the beginning of the treaty which will end to morrow at 9 of the clock in the morning and we have no authority to prolong the same Rob. Meredith Tho. Wharton Rob. King Iohn Clotworthy Ric. Salwey A Copy of the Paper mentioned in the former Sixthly in regard that my whole fortune is now in the possession or within the power of the Rebels so as I can make no manner of use of i● As also for that I have not only at my own charge in some sort maintained the honour and dignity of my place since the 21. of Ian. 1643 which was the day whereon I was sworn his Maj. Lieutenant but likewise contributed in a considerable portion to the maintenance of the Army Garrisons now under my Command And lastly for that by meanes thereof I am utterly unable to discharge the debts I have contracted for my own support whilst I imployed my own to feed the Army or to pay the wages due to the Servant which I was necessitated to entertain in respect of the place I held For these reasons I desire it may be humbly offered to the noblenesse honour of the Parl. That to free me from the clamor of Creditors to pay my servants their wages and to transport and maintain my self and my family in some sort befitting the condition of a Gentleman The Parl. will be pleased to disburse the sum of 13000. l. 877. l. 14. s. 9. d. be paid to such as I shall appoint upon Bills of Exchange accepted by sufficient men in France or Holland to wit the one half upon sight and at 6 moneths the oeher halfe thereof which is lesse then the just sum I have disbursed for the maintenance of the Garrisons of Dublin Dundalke Newry Narrow-water Green-Castle and Carlingford not accompting my own expence nor the many other smaller disbursments spent meerly for the good of the said Garrisons And that I may be secured against any molestation by reason of the engagements I have at any time entred info for the publique service since the beginning of this Rebellion 19. Novemb. 1646. Vpon consideration had of your 3. paper of the 18. of Novem. as also of your former papers and the copies of such instructions as you delivered unto us we find no satisfaction given by you in these following particulars First we do not find that you have power to secure any of his Maj. Roman Catholike Subjects in their persons and estates who haue constantly adhered to the Government here since the 22. of October 1641 of whom wee conceive care out to be had in the present treaty Secondly you have declared unto us that you have no instruction concerning the continuation or displacing of the Judges and Ministers of the Civill List in their imployment and your instruction as unto the Martiall List whereof you gave us a Copy is as followeth viz. You or any three of you are to imploy such of the Officers now under the L●of Ormond as you shall think fit and where you displace any you are to place other Officers if they be necessarie or otherwise to see their Commands sufficiently di●charged untill the Lord Lieutenant of Ireland taketh further order which may give more occasion of fear unto the Officers of being displaced then hope of continuance in their respective imployments and there is not as much as mention made of the poore distressed Clergie of the Kingdome in any the papers or instructions delivered to you by us Thirdly the Protesta●ts of the Kingdom who are to be included in the present treatie are as you declare in the last paper delivered by you to us to submit themselves to all Ordinances of Parl. whether already made or to be made Amongst which as we are intormed are some which require the Covenant to be generally taken and others which lay Mu●cts upon those who shall use the Book of common-Common-prayer which forme of Service and no other is by a Law of force in this Kingdome commanded upon a penaltie to be used And in our instructions sent by our Commissioners we desire that neither the one nor the other might be pressed untill settlement by Parliament And for us to agree upon this treatie to all future ordinances which shal be made by the Parliament before it be known what those ordinances are we conceive may be of dangerous consequence to the whole Kingdom and not agreeable with the rules of prudence in us Fourthly whereas by a speciall instruction signed by us apart we did direct our said Commissioners as followeth viz. If you find the Parl. ready willing forthwith effectually to take into their care and protection his Maj. Protestant Subjects within the quarters under my command and those that have adhered to them from the 22. of October 1641. according to the purport of the instructions signed by me and the Councell and that my continuance in the Government shal be the only let thereunto you are then in such case to let them know that I will surrender my place of Lieutenant and deliver all the Holds in my power to

shal be thought meet to extend it to in such way as may give best satisfaction according to our Instruction Except 4. That great inconveniency may happen to all the Protestants of Ireland who are to be included in this Treaty if they should therby conclude themselves to submit to all the Ordinances of Parliament Answ 1. We have declared c. That their submitting to all Ordinances of Parliament is to be understood no otherwise then as all others doe who have alwayes adhered to and never offended the Parliament 2. We know of no Ordinance of Parliament that requires the Covenant to be taken in the Kingdome of Ireland 3. We are no wayes instructed to suppresse the Book of Common Prayer or impose the Directory though your Lordships represented in your own Instructions that the Directory might be used here 4. It may also be considered That your Lordship made Overture of submitting to the Direction of both Houses of Parliament and that exclusively to any one wha●soever as to the ordering and disposing of the Army c. If they should accept of your Overture which could not be understood otherwise to be done but by Ordinances of Parliament as to them from time to time should seeme meet Exception 5. Lastly That the Kings direction for the Delivery up of the Government is not obteined and that your Commissioners were commanded to forbeare the delivering unto the S●●●ch Commissioner the duplicate of the Letters which your Lordship and the Councell had written to His Majesty concerning the same Answ 1. Wee are very confident what the Committee of both houses did therein was by direction of the Parliament 2. Your Commissioners did declare that if supplyes were not instantly dispatched you would take it for granted none would bee sent and therefore must be necessitated to think of some other course for your Preservation as by the Lawes of God and Nature became you and therefore it could not be imagined the necessity being so great under which your Lordship then was according to the representation thereof made to the Parliament that you would refuse such Supplies from the Parliament in manner as they directed till your Letter should be from thence sent to Newcastle and an answer thereof returned to your Lordship which would not undoubtedly have taken up much more time then the extremity of your Condition here according to the foresaid representation could possibly admit of And information was given that an addresse to the King was also made by your Lordship anot●er way and we have not yet understo●d by your Lordship that he hath inhibited you to proceed and conclude with us But more especially we desire it may be considered by your Lordship that in your letter to the King mentioned in your exceptions your Lordships expressions are full to proceed with the Parliament up●n the overture made to them in the Propositions not onely without desiring answer but without expecting consent or direction from his Majesty before such time as you would conclude the same and your Lordship doth onely give an accompt of your Resolutions his Majesty unconsulted with as already fix't with exp●ctation onely of a benigne construction from his Majesty thereupon And that not onely from the consideration of necessity but as we conceive of your Lordships du●y also as the case the● stood no lesse then a Kingdome lying at the Stake to make your application in such manner to the Parliament 3. May it not also be consid●red what reason the Parliament had to conceive your Lordship intended not so to insist on the Kings direction as with u● it you would not conclude when they observed that by those Propositions from your Lordship a Copy whereof you have delivered us you offered if they should accept thereof to put your present Army and Forces called by your Lordship his Majesties Army Notwithstanding any interest you apprehended the King had therein under the sole direction of both Houses of Parliament And yet in those Propositions we finde no mention made of consent or direction to be first had from the King which was believed your Lordship then as at this time also might the better do for that by act of Parliament the mannaging of the Wa● of Ireland is established in both Houses of Parliament alone 4. It may be considered that however many eases of this nature in the late troubles in England have happened where Persons under great obligations to the King have frequently surrend●ed to the Parliament Garisons and Forces which they received by command from his Majesty as in particular that of Oxford where remained not onely the Duke of Yorke and his Majesties Councell but also the Sword the great and lesser Seales with other Ensignes of the Regall Power and al● these without first having any explicite direction from the King to deliver up the same 5. When we also consider how passionately it was represented to the Parliament by your Lordship of how great importance the City and Castle of Dublin together with the Garisons under your Command were in order to the recovery of the Kingdome of Ireland the preservation of the Protestant Religion together with all the Protestants therein as also how undoubtedly all must miscarry if Supplies did not timely come We cannot but wonder that in case of so high concernment and so great necessity the spilling of the blood of so many thousand Protestants being unavoidable according to the grounds and representations offered by your Lordship to the Parliament the danger whereof remaines the same for ought hath occurred to us granted also by the losse of many Garisons since and will be perfected by your rejecting the Supplies with so much expedition and Charge sent hither by the Parliament that yet the Kings consent should be so insisted on as that neither the preservation of the said Protestant Religion nor the blood of thousands of Protestants nor any of the fore-mentioned Considerations should pu●chase a Dispensation therein 6. And whereas your Lordships Oath is objected It appeares to us to be penn'd with speciall caution and relation to such a time of necessity as this and is rather as we conceive sullfilled by consent to then refusall of the conditions offered to your Lordship unto which also we believe that respect was had when those Resolutions were taken up expressed in the fore-mentioned Letter to the King Wee hold it our Duty to deale thus cleerly and freely with your Lordship that if it were possible we might give satisfaction thereby However our consciences doe acquit us that we have done our utmost therein and do● conceive that those that imployed us will be abundantly acquitted in the sight of God and Man as having done what could be expected from them and unto whom for any neglect in this affaire the guilt of Blood we are confident shall not be imputed in that day wherein inquisition shall be made for the same Rob. Meredith Tho. Wharton Rob. King Io. Clotworthy Rion Salwey November 1646.