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A53435 The last articles of peace made, concluded, accorded and agreed upon the 30 day of Iuly, 1646, by and between His Excellency, James Lord Marques of Ormond, Lord Lieutenant General, and General Governor of His Majesties Kingdom of Ireland, His Majesties Commisssioner, to treat and conclude a peace with His Majesties Roman Catholique subjects of the said kingdom, by vertue of His Majesties Commission under the great seal of England bearing date at Buckingham on the 24 day of June, in the twentieth year of his reign, for and on the behalf of His Most Excellent Majesty of the one part, and Donogh Lord Viscount Muskery and others appointed and authorized by His Majesties said Roman Catholique subjects, by vertue of an authority of the said Roman Catholique subjects, bearing date the sixth day of March, 1645, and in the one and twentieth year of His Majesties reign, of the other part. Ireland. Lord Lieutenant (1641-1649 : Ormonde); Ormonde, James Butler, Duke of, 1610-1688. 1646 (1646) Wing O446; ESTC R6410 19,593 32

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Iacobr Regis with a further clause of Repealing of all grants of Monopoles in this Kingdome and that Commissioners be agreed upon by the said Lord Lievtenant and the said Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Daniell ô Bryon Knight Sir Lucas Dillon Knight Nicholas Plunket Richard Bellings Philip mac Hugh Rely Terlogh ô Neale Thomas Fleming Patricke Darcy Gerrald Fennell and Geffry Browne Esquires or any five or more of them to set downe the Rates for the Custome or Imposition to be laid on Aquavite Wine Oyle Yarne and Tobacco 18. Item It is further concluded accorded and agreed by and betweene the said parties and his Majestie is further graciously pleased that such persons as shall be agreed on by the said Lord Lievtenant and the said Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Daniel ô Bryen Knight Sir Lucas Dillon Knight Nicholas Plunket Richard Bellings Philip mac Hugh Rely Terlogh ô Neale Thomas Fleming Patricke Darcy Gerrard Fennell and Geffry Browne Esquires or any five or more of them shall be upon conclusion of these Articles Authorized by Commission under the great Scale to Regulate the Court of Castle Chamber and such causes as shall be brought into and censured in the said Court 19. Item It is further concluded accorded and agreed by and between the said parties And his Majestie is further graciously pleased that two Acts lately passed in this Kingdome prohibiting the Pl●ming with Horses by the tayle and the other prohibiting the burning of Oates in the Straw be repealed 20. Item It is further concluded accorded and agreed by and betweene the said parties and His Majestie is further graciously pleased that upon perfection of these Articles such course shall be taken against such 〈◊〉 have Dis●●ayed the Cessation and will not submit to the Peace if any shall Oppose it as shall be just and for the Peace of the Kingdome 21. Item It is further concluded accorded and agreed by and betweene the said parties And His Majestie is further graciously pleased forasmuch as upon application of Agents from this Kingdome unto His Majestie in the fourth yeare of his Raigne and lately upon humble Suite made unto His Majestie by a Committee of both Houses of the Parliament of this Kingdome Order was given by his Majestie for Redresse of severall grievances and for so many of those as are not expressed in these Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of His Majesties said former directions for Redresses therein that the same be afforded them yet so as for prevention of inconveniences to His Majesties service that the warning mentioned the 21. Article of the graces in the fourth yeare of his Majesties Raign be so understood that the Warning being left at the persons dwelling houses be held sufficient Warning and that as to the 22 Article of the said Graces the Processe hitherto used in the Court of Wards doe still contin●e as hitherto it hath done in that and hath been 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 22. Item It is further Concluded Accorded and Agreed by and betweene the said parties and His Majestie is further graciously pleased that Maratine causes may be determined in this Kingdom without driving of marchants or others to Appeale and seek Justice elsewhere and if it shall fall out that there be cause of an Appeale the party grieved is to appeale to His Majestie in the Chancerie of Ireland and the Sentence thereupon to be given by the Delegaces to be Definitive and not to be questioned upon any further Appeale 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 23. Item It is further concluded accorded and agreed by and between the said parties And His Majesty out of His abundant grace and goodnesse to His Subjects of this Kingdome is graciously pleased to assent that His said Subjects be eased of the increase of Rents lately raised on them upon the Commission of Defective Titles in the Earle of Straffords Government this to be by Act of Parliament 24. 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 passed in the next Parliament all the arreares of Interest of money which did accrew or grow due by way of debt mortgage or otherwise and yet not satisfied since the 23. of October 1641. Untill the perfection of these Articles shall be fully forgiven and be released And that for and during the space of three yeares next ensuing no more shall be taken for use or interest of money then five pounds per Cont. and in all cases of equity arising through disability occasioned by the distempers of those times the considerations of equitie to be alike unto both parties 25. Item It is concluded accorded and agreed by and between the said parties And His Majestie is graciously pleased that the said Richard Lord Viscount Mountgarret Donogh Lord Visc Muskery Sir Daniel ô Bryen Knight Sir Lucas Dillon Knight 3 Nicholas Pluncket Richard Bellings Phillip mac Hugh ô Redy Terlogh ô Neale Thomas Fleminge Patricks Darcy Gerrald Fennell and Goffrey Browne Esquires shall be imediatly upon conclusion of these Articles Authorized by Act of State to proceed in Heare Determine Execute within the Cities corporate Towns Counties and part of Counties now or late within the Quarters of the said Confederate Catholiques the ensuing particulars and all matters thereupon depending And that the said Act of State and other the authorities hereafter mentioned shall remaine of force without Revoration Alteration or Diminution untill Acts of Parliament be Passed according the purport and intent of these present Articles onely in case of death of any of the said persons so to be authorized the Lord Lievtenant or other chiefe Governour or Governors of this Kingdome for time being shall by the advice and consent of the persons so to be authorized then living or any five or more of them name others in the place of such who shall be so dead and the persons so to be named to be Authorized as the former And that the persons to be Authorized as aforesaid or any five or more of them be permitted without interruption to Applot Raise and Levic Meanes with indifferencie and equallitie upon all His Majesties Roman Catholique Subjects of this Kingdome for the Raising Clothing and bringing to Sea Ports and Maintaining there untill they be shipped Ten Thousand men promised by the Consederate Catholiques of this Kingdome to assist His Majesty and to levy the Arrearea of all Excises and other Publique Taxes already imposed by them and yet unpaid and to call all Receivers and other Accomptants of all former taxes and publique dues to a Just and strict Accompt either by
are to continue till settlement by Parliament Si tam diu se bene gesserint And if any who shall be so intrusted shall misbehave himselfe in the execution of such trust within that time that then such other person or persons shall be appointed in his or their place as shall be agreed on by His Majesties Chiefe Governour or Governours for the time being by the Advice and Consent of the said persons so to be intrusted or any five or more of them and the said Commissioners are to make their Estreates as accustomed in time of Peace and shall take the ensuing Oath viz. You shall sweare that as Justice of the Peace Oyer and Terminer and Goale delivery in the Counties of A. B. C. in all Articles of the Kings Commission to you directed you shall doe equall right to the poore and to the rich after your Cunning Wit and Power and after the Lawes Customes of the Realme and in persuance of these Articles and you shall not be of Councell of any quarrel hanging before you And the Issues Eines and Amerciaments which shall happen to be made and all Forfeitures which shall happen before you You shall cause to be entr d without any concealement or imbezeling and truly send to the Kings Exchequer You shall not lett for gift or other cause but well and truly you shall doe your Office of justice of the Peace Oyer and Terminer and Gaole deliverie in that behalfe and that you take nothing for your Office of Justice of the Peace Oyer and Terminer and Gaole 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 you God And that as well in the said Commission as in all other Commissions and authorities to be issued in persuance of these present Articles this Clause shall be incerted viz. That all Officers Civill and Marshall shall be required to be ayding and assisting and obedient unto the said Commissioners and other persons to be authorized as abovesaid in the execution of their respective powers 27. Item It is further Concluded accorded and agreed by and between the said Parties And his Majesty is further graciously pleased That none of the now Roman Catholique party shall from henceforth untill there be a settlement by Parliament Sue Impleade or Arrest or be sued Impleaded or Arrested in any Court Place Judicature or Tribunall or before any Judge Justice or Commissioner whatsoever other then before the Commissioners aforesaid or in the severall Corporations or other Judicatures within the now Quarters of the said Confederate Catholiques as hath or have Power derived from His Majestie 28. Item It is further concluded accorded and agreed by and betweene the said parties and His Majestie is further graciously pleased that His Majesties Confederate Catholique Subjects doe 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 chiefe by such as His Majestie or his chiefe Governor of Governors of this Kingdome for the time being shall Appoint and His Majestie his chiefe Governor or Governors of this Kingdome as aforesaid is to issue Commissions and appoint such person and persons as shall be named by His Majesties chiefe Governour or Governours for the time being by and with the advice and consent of the said Lord Viscount Mountgarret Donnough Lord Viscount Muskery Sir Daniel ô Bryen Sir Lucas Dillon Nicholas Plunket Richard Bellings Philip mac Hugh ô Rely Terlogh ô Neale Thomas Fleming Patricke Darcy Gerrald Fennell and Geffry Browne Esquires or any five or more of them for the execution of such Command Rule or Government to continue untill all the particulars in these present Articles agreed on to passe in Parliament shall be accordingly passed only in case of death or Misbehaviour s●ch 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 die or Misbehave themselves as the Chiefe Governour or Governours for the time being by the advice and consent of the said Lord Viscount Mountgarret and the rest of the above mentioned parties to be authorized as aforesaid or any five or more of them shall thinke fit and to be continued untill settlement in Parliament as aforesaid 29. Item It is further concluded accorded and agreed by and betweene the said parties and His Majestie is further graciously pleased that all Customes belonging to His Majestie which from the perfection of these present Articles shall fall due within this Kingdome shall be payed into his Majesties Receipt and to His use any Request Clause or Demand in the Act of Oblivion or in any other former Propositions to the contrary notwithstanding Provided that all and every person and persons who are at the present Intrusted within the now Quarters of the Confederate Catholiques by them the said Confederate Catholiques in the Entries Receipts Collections or otherwise concerning the said Customes doe continue their respective Imployments in the same untill full settlement in Parliament other then as to such and so many of them as to the chiefe Governour or Governours for the time being by the advice and consent of the said Lord Viscount Mountgarret and the other persons to be authorized as aforesaid or any five or more of them shall be thought fit to be altered and then and in such case or in case of death or misbehaviour or other alteration of any such person or persons such other person or persons to bee imployed as shall be thought fit by the Chiefe Governour or Governours for the time being by and with the advice and Consent of the said Lord Viscount Mountgarret and the rest of the persons to be authorized as aforesaid or any five or more of them And as to His Majesties Rents to grow due at Easter next and from thenceforth the same to be payable unto His Majestie notwithstanding any thing contained in the Article of the Act of oblivion or in any other Article to the contrary but the same not to be Written for or Levied unitll a full settlement in Parliament as aforesaid 30. Item It is further concluded accorded and agreed by and betweene the said parties And His Majesty is further graciously pleased That the Commissioners of Oyer and Terminer and Gaole delivery to be named as aforesaid shall have Power to heare and Determine all Murthers Manslaughters Rapes Stealths Burning of Houses and Corne in Reeke or Stacks Robberies Burglaries force●ble entries Detainers of Possessions and other Offences commiteed or done and to be committed and done from the 15 day of September 1643. untill the first day of the next Parliament These present Articles or any therein contained to the contrary notwithstanding Provided that the Authoritie of the said Commissioners shall not extend to question any person or persons for doing or Committing and Act whatsoever before the conclusion of this Treaty by vertue or colour of any Warrantor direction from those in publique Authority among the Confederate Catholiques nor unto any Act which shall be done after the perfecting and concluding of these Articles by vertue of pretence of any authoritie which is now by these Articles agreed on Provided also the said Commission shall not continue longer then to the first day of the next Parliament In witnesse whereof his Excellencie the Marquesse of Ormond Lord Lievtenant of Jreland His Majesties Commissioner to that part of these Articles remaining with the said Richard Lord Viscount Mountgarret Donnogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot ô Bryen Patrick Darcie Geffry Browne and John Dillon Esquires And the said Richard Lord Viscount Mountgarret Donnogh Lord Viscount Muskery Sir Robeat Talbot Barronet Dermot ô Bryen Patricke Darcy Geffry Browne and John Dillon Esquires to that part of these Articles remaining with the said Lord Lievtenant have put their hands and seales at Dublin this 28 day of March 1646. and in the two and Twentieth yeare of the Raigne of our Soveraigne King CHARLES King of Great Brittaine France and Ireland c. FINIS
themselves or by such as they or any five or more of them shall name and appoint And that the said persons to be authorized as aforesaid or any five or more of them shall have power to Applot Raise and Levie meanes with indifferencie and equality by way of Excises or otherwise in the severall Cities Corporate Townes Counties and parts of Counties now within the Quarters of the said Confederate Catholiques towards the Maintenance of such Army or Armies as shall be thought fit to continue and be in pay for the defence of the Kingdome and towards the maintenance of all the Forts Castles and Garrisons within both or either of the now Quarters of either partie other then such of the said Garrisons Forts and Castles as from time to time untill there be a settlement in Parliament shall be thought fit by His Majesties chiefe Governour or Governours of this Kingdome for the time being by and with the advise and consent of the said persons so to be authorized or any five or more of them not to be maintained at the Charge of the Publique Provided that His Majesties Lievtenant or other chiefe Governors for the time being be first made acquainted with such Taxes Levies and Excises as shall be made and the manner of Levying thereof and that he approve the same And that the persons to be authorized as aforesaid or any five or more of them shall be authorized to appoint Receivers Gollectors and all other Officers for such monies as shall be so assessed and for the Arreares of all former Applotments Taxes and other Publique Dues yet unpaid And that the persons so to be authorized or any five or more of them in case of Refractoriness ' or Delinquencie may Distraint and Imprison and cause such Delinquents to be Distrained or Imprisoned and that the Profits of the Estates within the now Quarters of the Confederate Catholiques of such as shall adhere to the Parliament and not submit to the Peace be accompted as Publique Dues and be converted to the Maintenance of the Kings Armie And that the said persons to be authorized as aforesaid or any five or more of them shall have power to Applot Raise and Levy meanes with indifferencie and equalitie for the buying of Armes and Ammunition and for Entertaining of Friggors in such proportion and manner as shall be thought fit by His Majesties Lievtenant or other chiefe Governor or Governors for the time being by and wish the Advice and consent of the said Richard Lord viscount Mountgarret Donnogh Lord viscount Muskery Sir Daniell ô Bryen Knight Sir Lucas Dillon Knight Nicholas Plunket Richard Bellings Philip mac Hugh ô Rely Terlogh ô Neale Thomas Fleming Patricke Darcy Gerrard Fennell and Geffry Browne Esquires or any five or more of them The said Armes and Ammunition to be laid up in such Magazines and under the charge of such persons as shall be agreed by the said Lord Lievtenant and the said persons to be authorized as aforesaid or any five or more of them and to be issued and the said Frigotts to be employed by the Lord Lievtenant or other cheife Governor or Governors for the time being for the safety of the Kingdome by the advice and consent of the said Richard Lord viscount Mountgarret Donnogh Lord viscount Muskery Sir Daniell ô Bryen Sir Lucas Dillon Nicholas Plunket Richard Bellings Philip mac Hugh ô Rely Terlogh ô Neale Thomas Fleming Patricke Darcy Gerrald Fennell and Geffry Browne or any five or more of them And that the said persons so to be authorized as aforesaid or any five or more of them shall have power to Applot Raise and Levie Mesnes with indifferencie and equality by way of Excises or otherwise in the severall Citties Corporate Townes Counties and parts of Counties now within the Quarters and upon the Estates of the said Confederate Catholiques all such summe and summes as shall appeare unto the said persons to be authorized as aforesaid or any five or more of them to be really due for and in discharge of the publique ingagements of the said Confederate Catholiques incurred or growen due before the Conclusion of these Articles and that the said persons to be authorized as aforesaid or any five or more of them shall have power to Applor Raise and Levie Meanes with indifferencie and equality by way of Excise or otherwise in the severall Cities Corporate Townes Counties and parts of Counties now within the Quarters of the said Confederate Catholiques as well for the persons to be authorized as aforesaid and also for such other person and persons as shall be Imployed in Publique Affaires within the severall Citties Corporate townes Counties and parts of Counties within the now Quarters of the said Confederate Catholiques from time to time untill a settlement by Parliament And that the said persons to be Authorized as aforesaid or any five or more of them make perfect Bookes of all such monies as shall be Applotted Raised and Levied our of which Books they are to make severall and respective Abstracte to be delivered under their hands or the hands of any five or more of them to the severall and respective Collectors who shall be appointed to Levie Receive the same and that a duplicate of the said Bookes under the hands of the said persons to be authorized as aforesaid be delivered unto His Majesties Lievtenant or other Chiefe Governor or Governors for the time being whereby a perfect accompt might be given 26. Item It is further concluded accorded and agreed by and between the said parties and His Majesty is gratiously pleased that for the preservation of the Peace Tranquillity of the Kingdome That the said Lord Lievtenant and the said Lord viscount Mountgarret Donnogh Lord Viscount Muskery Sir Daniell ô Bryen Knight Sir Lucas Dillon Knight Nicholas Plunket Richard Bellings Philip mac Hugh ô Rely Terlogy ô Neale Thomas Fleming Patricke Darcy Gerrald Fennell and Geffry Browne Esquires or any five or more of them shall for the present agree upon such persons who are to be authorized by Commission under the great Seal to be Commissioners of the Peace Oyer and Terminer and Goale delivery in the severall Counties and parts of Counties within the now Quarters of the Confederate Catholikes with such power as Iustices of the Peace Oyerand Terminer and Gaole delivery in former times of Peace have usuall had which is not to extend unto any Crime or Offence committed before the 15. of September 1643. And to be qualiffied with Power to Heare and Determine all Civill causes coming before them not exceeding ten pounds Provided that they shall not intermedle with Titles of Lands Provided likewise the authoritie of such Commissioners shall not extend to question any person or persons for any Cattle or Goods heretofore taken by either party from the other contrary to the Articles of cessations but that the same shall be left to be determined in such way as by these Articles is already prescribed which Commissioners