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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

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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.
your Answer the strength of your reason being thus That we did submit to the direction of both Houses of Parliament for the ordering of the Army c. therefore no inconvenience can happen to the Protestants in Ireland who are to be included in this Treaty if they should thereby conclude themselves to submit to all Ordinances of the Parliament of England which sure is no good Consequence from one particular to conclude a generall And if you would declare that by submitting to all Ordinances of Parliament were onely intended such Ordinances as concerne the ordering and disposing of the Army though that offer of Ours was in case that way of accommodation which is waved by the Parliament were laid hold of of any thing wherein we therefore conceive no use should be made in this Treaty since that way laid aside yet such a declaration would as that point give satisfaction The fifth exception is That the Kings Direction for the delivery up of the Government is not obtained and that our Commissioners were commanded to forbeare the delivering unto the Scottish Commissioners the Duplicate of the Letters which Wee and the Councell had written to his Majesty concerning the same To which you make these Answers viz. That our Commissioners did declare That if Supplies were not instantly dispatched that We would take it for granted that none would be sent which was the ground of hastning the said Supplies whereas the words of our Instructions wero That if within a reasonable time after landing of our Commissioners they did not advertise us that those things we desired were on the way hither or at least a considerable proportion of Money and Munition and probable hope of the rest speedily after that then wee would take it for granted not that no Supplies would come but that our Propositions were rejected there which strongly implyed and so was intended that if we understood Supplies were on the way we might then take it for granted our propositions were accepted which also we had cause to believe for that our Commissioners by command of the Committee before whom they were heard signifyed to us their message was cheerfully accepted whereof the sending of Supplies was but a part nor can it be reasonably objected to us that we refuse those Supplies since none of the Conditions wherein we expressed our willingnes to receive them is offered to us in manner as was desired especially that fundamentall one of procuring the Kings Command for delivering up the Sword and Garrisons which being the way fixed on by the Parliament we much wonder was not endeavoured as well it might have been and an answer had before you came from London and if it had been obtained there had been no need of sending it to us till your arrivall and if it had been refused the Parliament in their great wisdome and knowledge of the duty of one so highly trusted would have found some other expedient to extend their assistance and protection to the Protestants other then such as must blemish our honour and fidelity to all Posterity nor is it a sufficient discharge to us that his Majesty hath not inhibited us to proceed and conclude with you his expresse command being in this case absolutely necessary And as for the suppositions and inferences which you make out of the Letters writ by us to his Majey and both houses of Parliament as that it could not be imagined the necessities being so great under which we then were that we would refuse such supplies from the Parliament in manner as they directed till our letter should be from hence sent to New castle and answer thereof returned to us And that the Parliament had no reason to conceive that we intended so to insist on the Kings direction as without it we would not conclude c. As also considering how passionately we represented to the Parliament the importance of the City and Castle of Dublin c. and how undoubtedly all must miscarry if Supplies did not speedily come that yet the Kings consent should be so insisted upon as none of the forementioned considerations should purchase a dispensation therein And to induce us thereunto you propose unto us examples of the delivering up of other Garrisons and Forces in England as in particular that of Oxford c. without having any explicite direction from the King to deliver up the same We conceive the case of Oxford to be different from this For Sir Thomas Fairfax to whom the City of Oxford was rendred after some time of formall Singe and the shedding of blood on both fides was not invited thither by those within to defend and relieve it against the expected attempts of another enemy as those Forces now here with you were upon certain Conditions by us but his comming before Oxford was unsent for openly and declaredly to take by force of Armes that City In the case of Oxford also we have seen his Majesties Command directed to the Governour for the rendring thereof which if you can produce to us for the giving up of these Garrisons with the E●sig●es of Royalty belonging to the Crown of this Kingdome we will in like sort readily obey the same notwithstanding some other disparity in the cases And if the instructions we gave our Commissioners be looked into Copies whereof were delivered by them to the Committee of both houses all these suspitions inferences and Arguments will vanish it being a certain and true rule that no inference nor application is to be made contrary to that which is exprest as our instructions were in this particular for our first and principall instruction was That we would surrender our place of Lievtenant c. to such as the Parliament should appoint upon these following conditions First that they procure his Majesties direction for the doing thereof c. But further to cleere it in our seventh and last instruction delivered unto our Commissioners whereof the said Committee had likewise a Coppy it is further given in charge unto them in this manner viz. If in the mean time whilest they take these Propositions and the rest into their considerations and till they have procured his M●j●sties direction as aforesaid the Parliament be pleased to send over such Supplyes as may relieve the Garrisons from ruine through want or by the hostile attempts of the Rebels the same shall be well husbanded for them and imployed only to those ends both which instructions leave no place for inference or implication to be made contrary to expresse instructions If the Parliament hath procured his Majesties direction the condition is performed but if that be not done the Forces notwithstanding may be received and imployed in the present service and ●o all those inconveniencies may be prevented which are feared But if nothing that we can do can give satisfaction but to deliver up the Sword render all the Garrisons and other Commands to the pleasure of the Parliament which we are bound by Oath to