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A25942 Articles of peace made and concluded with the Irish rebels and papists by James Earle of Ormond ... also, a letter sent by Ormond to Col. Jones, Governour of Dublin, with his answer thereunto : and a representation of the Scotch Presbytery at Belfast in Ireland : upon all which are added observations. Ireland. Lord Lieutenant (1641-1649 : Ormonde); Ormonde, James Butler, Duke of, 1610-1688.; Milton, John, 1608-1674. Observations upon the articles of peace with the Irish rebels. 1649 (1649) Wing A3863; ESTC R495 49,636 68

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the Heires Children Kindred Executors Administrators Wives Widowes Dowagers or Assignes of such of the said Subjects and their adherents who dyed on before or since the 23 of October 1641. that the said Act doe relate to the first day of the next Parliament that the said Act doe extend to all bodies Politicke and Corporate and their respective successors and unto all Cities Burroughs Counties Baronies Hundreds Townes Villages Thitlings and every of them within this Kingdom for and concerning all and every of the said offences or any other offence or offences in them or any of them committed or done by his Majesties said Subjects or their adherents or any of them before in or since the 23 of October 1641. Provided this Act shall not extend to be construed to pardon any offence or offences for which any person or persons have been convicted or attainted of Record at any time before the 23 day of October in the year of our Lord 1641. That this Act shall extend to Piracies and all other offences committed upon the Sea by His Majesties said Subjects or their adherents or any of them That in this Act of oblivion words of release acquittall and discharge be incerted that no person or persons bodies Politicke or Corporate Counties Cities Burroughs Baronnies Hundreds Townes Villages Thitlings or any of them within this Kingdom included within the said Act be troubled impeached sued inquieted or molested for or by reason of any offence matter or thing whatsoever comprised within the said Act and the said Act shall extend to all rents goods and chattles taken detained or growne due to the Subjects of the one party from the other since the 23 of October 1641 to the date of these Articles of Peace and also to all customes rents arrears of rents prizes recognizances bonds fines forfeitures penalties and to all other profits perquisits and dues which were due or did or should accrew to His Majesty on before or since the 23 of October 1641 untill the perfection of these Articles and likewise to all measne rates fines of what nature soever recognizances Judgements Executions thereupon and penalties whatsoever and to all other profit due to his Majesty since the said 23 of October and before untill the perfection of these Articles for by reason or which lay within the Survey or recognizance of the Court of Wards and also to all respits issues of homage and fines for the same provided this shall not extend to discharge or remit any of the Kings debts or subsidies due before the said 23 of October 1641 which were then or before levyed or taken by the Sheriffes Commissioners Receivers or Collectors and not then or before accounted for or since disposed to the publick use of the said Roman Catholick subjects but that such persons may be brought to account for the same after full settlement in Parliament and not before unlesse by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jefferey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seaven or more of them as the said Lord Lieut. otherwise shall thinke fit Provided that such barrowys and inhumian crimes as shal be particularized and agreed upon by the said Lord Lieutenaut and the said Thomas Lord Viscount Dillon of Costollogh Lord President of Connagh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffry Browne Donnogh O Callaghan Tirlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them as to the actors and procurers thereof bee left to bee tryed and adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costollogh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esq. Sir Lucas Dillon Kt. Sir Nicholas Plunket Kt. Sir Richard Barnewal Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them And that the power of the said Commissioners shall continue onely for two yeares next ensuing the date of their commission which commission is to issue within six months after the date of these Articles Provided also that the commissioners to bee agreed on for tryall of the said particular crimes to be excepted shall hear order and determine all cases of trust where reliefe may or ought in equity to be afforded against all manner of persons according to the equity and circumstances of every such cases and His Majesties cheife Governor or Governours and other Magistrats for the time being in all His Majesties Courts of Justice and other his Majesties Officers of what condition or quality soever be bound and required to take notice of and pursue the said Act of oblivion without pleading or suite to bee made for the same and that no Clerke or other Officers doe make out or write out any manner of writs processes summons or other precept for concerning or by reason of any matter cause or thing whatsoever released forgiven discharged or to be forgiven by the said Act under pain of 20li sterling And that no Sheriffe or other Officer do execute any such writ processe summons or precept and that no Record writing or memory do remain of any offence or offences released or forgiven or mentioned to be forgiven by this Act and that all other clauses usually inserted in Acts of generall pardon or oblivion enlarging His Majesties grace and mercy nor herein particularised bee incerted and comprised in the said Act when the Bill shall be drawn up with the exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend to any treason felony or other offence or offences which shall be committed or don from or after the date of these Articles untill the first day of the before mentioned next Parliament to be held in this Kingdome Provided also that any Act or Acts which shall be done by vertue pretence or in pursuance of these Articles of peace agreed upon or any Act or Acts which shall be don by vertue coulor or pretence of the power or authority used or exercised by and amongst the Confederate Roman Catholicks after the date of the said Articles and before the said publication shall not be accounted taken construed or to be Treason Felony or other offence to be excepted out of the said Act of oblivion Provided likewise that the said Act of oblivion shall not extend unto any person or persons that will not obey and submit unto the peace concluded and agreed on by these Articles Provided further that the
said Act of oblivion or any thing in this Article contained shall not hinder or interrupt the said Tho. Lord Visc. Dillon of Costologh Lord Presid. of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them to call to an account and proceed against the Councell and Congregation and the respective Supream Councells Commissioners generall appointed hitherto from time to time by the Confederate Catholickes to manage their affaires or any other person or persons accomptable to an accompt for their respective receipts and disbursements since the beginning of their respective imployments under the said Confederate Catholickes or to acquit orrelease any arrears of excises customes or publicke taxes to be accounted for since the 23 of Octo. 1641. and not disposed of hitherto to the publicke use but that the parties therein concerned may be called to an account for the same as aforesaid by the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seaven or more of them the said Act or any thing therein contained to the contrary notwithstanding 19 Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is graciously pleased That an Act be passed in the next Parliament prohibiting that neither the Lord Deputy or other chief Governor or Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exehequer Privie Councel or Judges of the foure courts be farmers of his Majesties customes within this Kingdom 20. Item It is likewise concluded accorded and agreed and his Majestie is graciously pleased that an Act of Parliament passe in this Kingdom against Monopolies such as was enacted in England 21. Jacobi Regis with a further clause of repealing of all grants of Monopolies in this Kingdom and that Commissioners be agreed upon by the said Lord lieutenant and the said Thomas Lord Viscount Dillon of Costologh Lord president of Connaght Donnogh Lord Viscount Muskerrie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillan Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires or any seven or more of them to set down the rates for the custome and imposition to be laid on Aquavitae Wine Oile Yarne and Tobacco 21. Item it is concluded accorded and agreed and his Majestie is graciously pleased that such persons as shall be agreed on by the said Lord lieutenant and the said Thomas Lord Viscount Dillon of Costologh Lord president of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwell Baronet Jeffery Brown Donnogh O Callaghan Tirlagh O Neal Miles Reilie and Gerrald Fennell Esquires or any seven or more of them shall be as soon as may be authorized by Commission under the great Seal to regulate the Court of Castle-chamber and such causes as shall be brought into and censured in the said Court 22. Item It is concluded accorded and agreed upon and his Majesty is graciously pleased that two acts lately passed in this Kingdom one prohibiting the plowing with Horses by the tail and the other prohibiting the burning of Oates in the straw bee repealed 23. Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is further graciously pleased for as much as upon application of Agents from this Kingdome unto his Majestie in the fourth yeer of his Reign and lately upon humble suit made unto his Majestie by a Committee of both houses of the Parliament of this Kingdom order was given by his Majestie for redresse of severall grievances and for so many of those as are not expressed in the Articles whereof both House in the next insuing Parliament shall defire the benefit of his Majesties said former directions for redresse therein that the same be afforded them yet so as for prevention of inconveniences to his Majesties service that the warning mentioned in the 24. Article of the graces in the 4. yeer of his Majesties Reign be so understood that the warning being left at the persons dwelling houses be held sufficient warning and as to the 22 Article of the said graces the proces hitherto used in the Court of Wards doe still continue as hitherto it hath done in that and hath beene used in other English Courts but the Court of Wards being compounded for so much of the aforesaid answer as concernes warning and processe shall be omitted 24. Item it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that Maritine causes may be determined in this Kingdome without driving of Merchants or others to appeal and seek Justice elsewhere and if it shall fall out that there bee cause of an appeal the party grieved is to appeal to his Majestie in the Chancerie of Ireland and the sentence thereupon to be given by the deligates to be definitive and not to be questioned upon any further appeal except it be in the Parliament of this Kingdome if the Parliament shall then be sitting otherwise not this to be by Act of Parliament and untill the said Parliament the Admiraltie and Maritine causes shall be ordered and setled by the said Lord lieutenant or other chief Governor or Governors of this Kingdome for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires or any seven or more of them 25. Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is graciously pleased that his Majesties Subjects of this Kingdom be cased or all rents and increase of rents lately raised on the commission or defective titles in the Earl of Straffords government this to be by Act of Parliament and that in the mean time the said rents or increase of rents shall not be written for by any processe or the payment thereof in any sort procured 26. Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is further graciously pleased that by Act to be
the Peace Oyer and Terminer Assises and Goale Delivery in and throughout the Kingdome to continue during pleasure with such power as Justices of the Peace Oyer and Terminer Assizes and Goale delivery in former time of Peace have usually had which is not to extend unto any crime or offence committed before the first of May last past and to be quallified with power to hear and determin al civil causes coming before them not exceeding ten pounds Provided that they shall not intermeddle with titles of Lands provided likewise the authority of such Commissioners shall not extend to question any person or persons for any shipping cattle or goods heretofore takēn by either party from the other or other injuries done contrary to the Articles of cessation concluded by and with the said Roman Catholicke party in or since May last but that the same shall bee determined by such indifferent persons as the Lord Lieutenant by the advice and consent of the said Thomas Lord Visc. Dillon of Costollogh Lord Presi of Connagh Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffry Browne Donnogh O Callaghan Tirlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them shall think fit to the end that speedy and equall justice may be done to all parties grieved And the said Commissioners are to make their Estreats as accustomed of peace and shall take the ensuing Oath viz. You shall sweare that as Justice of the Peace Oyer and Terminer Assizes and Goale delivery in the Counties of A. B in all articles to the commission to you directed You shall do equall right to the poore and to the Rich after your cunning and wit and power and after the Lawes and Customes of the Realme and in pursuance of these Articles And you shall not be of councell of any quarrell hanging before you And the issues fines and amerciaments which shall happen to be made and all forfeitures which shall happen before you you shall cause to bee entred without any concealment or imbeazling and send to the Court of Exchequer or to such other place as his Majesties Lord Lieut. or other cheif Governor orGovernors of this Kingdome shall appoint untill there may be accesse unto the said Court of Exchequer You shall not let for gift or other cause but well and truly you shall doe your office of Justice of the Peace Oyer and Terminer Assises and Goale delivery in that behalfe and that you take nothing for your office of Justice of the Peace Oyer and Terminer Assizes and Goale delivery to be done but of the King and Fees accustomed and you shall not direct or cause to be directed any warrant by you to be made to the parties but you shall direct them to the Sheriffs and Bayliffs of the said counties respectively or other the Kings Officers or Ministers or other indifferent persons to doe execution thereof so helpe me God c. And that as well in the said Commission as in all other commissions and authorities to be issued in pursuance of the present Articles this clause shall be incerted viz. That all officers civill and martiall shall be required to be aiding and assisting and obedient unto the said Commissioners and other persons to be authorized as above said in the execution of their respective powers 29 Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that his Majesties Roman Catholicke Subjects do continue the possession of such of his Majesties Cities Garrisons Townes Forts and Castles which are within their now Quarters untill settlement by Parliament and to be commanded ruled and governed in cheife upon occasion of necessity as to the Martiall and Military affairs by such as his Majesty or his cheife Governour or Governours of this Kingdom for the time being shall appoint and the said appointment to be by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jefferey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seaven or more of them and His Majestyes cheife Governour or Governours is to issue Commissions accordingly to such persons as shall be so named and appointed as aforsaid for the executing of such comand rule or Government to continue untill all the particulars in these present Articles agreed on to passe in Paliament shall be accordingly passed only in case of death or misbehaviour such other person or persons to be appointed for the said command rule and Government to be named and appointed in the place or places of him or them who shall so dye or misbehave themselves as the cheife Governor or Governors for the time being by the advice and consent of the said Thomas Lord Visc. Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seaven or more of them shall thinke fit and to bee continued untill a settlement in Parliament as aforesaid 30 Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that all customes and tenths of prizes belonging to his Majesty which from the perfection of these Articles shall fall due within this Kingdome shall be paid unto his Majesties receipt or until recourse may be had thereunto in the ordinary legal way unto such person or persons and in such place or places and under such Controls as the Lord Lieutenant shall appoint to be disposed of in order to the defence and safety of the Kingdome and the defraying of other the necessary publicke charges thereof for the ease of the Subjects in other their levyes charges and applotments And that all and every person or persons who are at present intrusted and imployed by the said Roman Catholicks in the entries receipts collections or otherwise concerning the said customes and tenths of Prizes doe continue their respective imployments in the same untill full settlement in Parliament accountable to His Majesties receipts or untill recourse may be had thereunto as the said Lord Lieutenant shall appoint as aforesaid other then to such and so many of them as to the cheife Governour or Governours for the time being by and with the advice and consent of the said Tho. Lord Visc. Dillon of Costologh Lord Pres. of Connaght Donnogh Lord Visc. Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas
within this Kingdome 12 Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that as for and concerning the independency of the Parliament of Ireland on the Parliament of England his Majesty will leave both houses of Parliament in this Kingdom to make such declaration therein as shall be agreeable to the Laws of the Kingdome of Ireland 13 Item It is further concluded and agreed upon by and between the said parties and his Majesty is further graciously pleased that the Councel-Table shall containe it selfe within its proper bounds in handling matters of State and weight fit for that place amongst which the Pattents of Plantation and the offices whereupon those Grants are founded to be handled as matters of State and to be heard and determined by his Majesties Lord Lieutenant or other chiefe Governour or Governours for the time being and the Councell publickly at the Councell-Board and not otherwise But titles between party and party grown after these patents granted are to be left to the ordinary course of Law and that the Councel-Table do not hereafter intermedle with common businesse that is within the cognizance of the ordinary Courts nor with the altering of possessions of Lands nor make nor use private Orders hearings or references concerning any such matter nor grant any injunction or order for stay of any suites in any civill cause And that parties grieved for or by reason of any proceedings formerly had there may commence their suites and prosecute the same in any of his Majesties Courts of Justice or Equity for remedy of their pretended rights without any restraint or interruption from his Majesty or otherwise by the cheife Governour or Governours and Councell of this Kingdome And that the proceedings in the respective Presidency Courts shall be pursuant and according to his Majesties printed Book of Instructions and that they shall containe themselves within the limits prescribed by that Book when the Kingdom shall be restored to such a degree of quietnesse as they be not necessarily enforced to exceed the same 14 Item it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased That as for and concerning one Statute made in this Kingdome in the eleventh year of the Reigne of Queene Elizabeth intituled an Act for staying of Wooll Flockes Tallow and other necessaries within this Realme And another Statute made in the said Kingdome in the twelfth year of the Reign of the said Queen intituled an Act and one other Statute made in the said Kingdome in the 13 year of the Reign of the said late Queen intituled An Exemplanation of the Act made in a Session of this Parliament for the staying of Wooll Flocks Tallow and other wares and commodities mentioned in the said Act and certaine Articles added to the same Act all concerning staple or native commodities of this Kingdom shall be repealed if it shal be so thought fit in the Parliament excepting for Wooll and Woollfells and that such indifferent persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costollogh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquires Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geffery Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them shall be authorized by Commission under the great Seal to moderate and ascertain the rates of merchandize to be exported or imported out of or into this Kingdome as they shall think fit 15 Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that all and every person and persons within this Kingdome pretending to have suffered by offices found of several Countries Territories Lands and Hereditaments in the Province of Ulster and other Provinces of this Kingdome in or since the first year of King James his Reign or by attainders or forfeitures or by pretence and coulor thereof since the said first year of King James or by other Acts depending on the said offices attainders and forfeitures may petition his Majesty in Parliament for reliefe and redresse and if after examination it shal appeare to His Majesty the said persons or any of them have been injured then His Majesty will prescribe a course to repaire the person or persons so suffering according to Justice and honor 16 Item It is further concluded accorded and agreed upon by and between the said parties and His Majesty is graciously pleased that as to the particular cases of Maurice Lord Viscount de Rupe Fermoy Arthur Lord Viscount Iveagh Sir Edward Fitz Gerrald of Cloanglish Boronet Charles mac Carty Reag Roger Moore Anthony Mare William Fitz Gerrald Anthony Linch John Lacy Collo mac Brien mac Mahowne Daniel Castigni Edmond Fitz Gerrald of Ballimartir Lucas Keating Theobald Roch Fitz Miles Thomas Fitz Gerrald of the Vally John Bourke of Loghmaske Edmond Fitz Gerrald of Ballimalloe James Fitz William Gerrald of Glinane and Edward Sutton they may petition His Majesty in the next Parliament whereupon His Majesty will take such consideration of them as shall be just and fit 17 Item it is likewise concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased That the Citizens Free-men Burgesses and former Inhabitants of the City of Corke Townes of Youghall and Downegarven shall be forthwith upon perfection of these Articles restored to their respective possessions and Estates in the said City and Townes respectively where the same extends not to the endangering of the said Garrisons in the said City and Townes In which case so many of the said Citizens and Inhabitants as shall not be admitted to the present possession of their houses within the said City and Towns shall be afforded a valuable annuall rent for the same untill settlement in Parliament at which time they shall bee restored to those their possessions And it is further agreed and his Majesty is graciously pleased that the said Citizens Free-men Burgesses and Inhabitants of the said City of Corke and Townes of Youghall and Downegarven respectively shall be enabled in convenient time before the next Parliament to be held in this Kingdome to chuse and returne Burgesses into the same Parliament 18 Item it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that an Act of oblivion be past in the next Parliament to extend to all his Majesties Subjects of this Kingdom and their adherents of all Treasons and offences capitall criminall and personall and other offences of what nature kind or quality soever in such manner as if such Treasons or offences had never been committed perpetrated or don That the said Act do extend to