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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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to you or any of them or out of any dis-esteem I had to your power to advance or impede the same but out of my fear whiles those that have of late usurped power over the Subjects of England held forth the least colourable shadow of moderation in their intentions towards the settlement of Church or State and that in some tollerable way with relation to Religion the interest of the King and Crown the freedom of Parliament the Liberties of the subject any addresses from mee proposing the withdrawing of that party from those thus professing from whom they have received some and expected further support would have been but coldly received and any determination thereupon deferred in hope and expectation of the forementioned settlement or that you your selfe who certainly have not wanted aforesight of the sad confusion now covering the face of England would have declared with me the Lord Inchequeen and the Protestant Army in Munster in prevention thereof yet my fear was it would have been as difficult for you to have carried with you the main body of of the Armie under your command not so clear sighted as your self as it would have been dangerous to you and those with you well inclined to have attempted it without them but now that the mask of hypocrisie by which the Independent Armie hath ensnared and enslaved all estates and degrees of men is laid aside now that barefaced they evidently appear to bee the subverters of true religion and to be the protectors and inviters not only of all false ones but of irreligion and Atheisme now that they have barbarously and inhumanely laid violent sacrilegious hands upon and murthered Gods annointed and our King not as heretofore some Patricides have done to make room for some usurper but in a way plainly manifesting their intentions to change the Monarchy of England into Anarchy unlesse their aime bee first to constitute an elective Kingdome and Crumwell or some such Iohn of Leiden being elected then by the same force by which they have thus far compassed their ends to establish a perfect Turklsh tyranny now that of the three estates of King Lords Commons whereof in all ages Parliaments have consisted there remains only a small number and they the dregs and scum of the House of Commons pickt and awed by the Armie a wicked remnant left for no other end then yet further if it be possible to delude the people with the name of a Parliament The King being murthered the Lords and the rest of the Commons being by unheard of violence at severall times forced from the Houses and some imprisoned And now that there remaines no other libertie in the subject but to professe blasphemous opinions to revile and tread underfoot Magistracie to murther Magistrates and oppresse and undoe all that are not like minded with them Now I say that I cannot doubt but that you and all with you under your command will take this opportunitie to act and declare against so monstrous and unparaleld a rebellion and that you and they will cheerfully acknowledge and faithfully serve and obey our gracious King Charles the second undoubted heir of his Father Crown and Vertues under whose right and conduct we may by Gods assistance restore Protestant Religion to puritie and therein settle it Parliaments to their freedome good laws to their force and our fellow-subjects to their just liberties wherein how glorious and blessed a thing it will bee to be so considerablie instrumentall as you may now make your self I leave to you now to consider And though I conceive there are not any motives relating to some particular interest to be mentioned after these so weightie considerations which are such as the world hath not been at any time furnished with yet I hold it my part to assure you that as there is nothing you can reasonably propose for the safety satisfaction or advantage of your self or of any that shall adhear to you in what I desire that I shall not to the uttermost of my power provide for so there is nothing I would nor shall more industriously avoid then those necessities arising from my duty to God and man that may by your rejecting this offer force me to be a sad instrument of shedding English blood which in such case must on both sides happen If thir overture finde place with you as I earnestly wish it may let me know with what possible speed you can and if you please by the bearer in what way you desire it should bee drawne on to a conclusion For in that as well as in the substance you shall find all ready complyance from me that desire to bee Your affectionate friend to serve you ORMOND Carrick March 9. 1648. For Colonel Michael Jones Governour of Dublin My Lord YOur Lordships of the ninth I received the twelfth instant and therein have I your Lordships invitation to a conjunction with your self I suppose as Lord lieutenant of Ireland and with others now united with the Irish and with the Irish themselves also As I understand not how your Lordship should be invested with that power pretended so am I very well assured That it is not in the power of any without the Parliament of England to give and assure pardon to those bloodie Rebels as by the Act to that end passed may appear more fully I am also well assured that the Parliament of England would never assent to such a Peace such as is that your Lordships with the Rebels wherin is little or no provision made either for the Protestants or the Protestant Religion Nor can I understand how the Protestant Religion should bee setled and restored to its puritie by an Armie of Papists or the Protestant interests maintained by those very enemies by whom they have been spoiled and there slaughtered And very evident it is that both the Protestants and Protestant Religion are in that your Lordships Treaty left as in the power of the Rebels to be by them born down and rooted out at pleasure As for that consideration by your Lordship offered of the present and late proceedings in England I see not how it may be a sufficient motive to mee or any other in like trust for the Parliament of England in the service of this Kingdome to joyn with those Rebels upon any the pretences in that your Lordships letter mentioned for therein were there a manifest betraying that trust reposed in me in disserting the service and work committed to me in joyning with those I should oppose and in opposing whom I am obliged to serve Neither conceive I it any part of my work and care to take notice of any whatsoever proceedings of State forreign to my charge and trust here especially they being found hereunto apparently destructive Most certain it is and former ages have approved it that the intermedling of Governors and parties in this Kingdom with sidings and parties in England have been the very betraying of this kingdom to 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
Irish whiles the Brittish forces here had bin thereupon called off and the place therin laid open and as it were given up to the common enemie It is what your Lordship might have observed in your former Treatie with the Rebels that upon your Lordships thereupon withdrawing and sending hence into England the most considerable part of the English army then commanded by you thereby was the remaining Brittish party not long after over-poured and your quarters by the Irish over-run to the gates of Dublin your self also reduced to that low condition as to be besieged in this very Citie the Metropolis and princpall cittadell of the Kingdom and that by those very Rebels who till then could never stand before you and what the end hath bin of that party also so sent by your Lordship into England although the flower strength of the English army here both officers and souldiers hath bin very observable And how much the dangers are at present more then in former ages of hazarding the English interest in this Kingdom by sending any parties hence into any other Kingdom upon any pretences whatsoever is very apparent as in the generalitie of the Rebellion now more then formerly So considering your Lordships present conclusions with and concessions to the Rebels wherein they are allowed the continued possession of all the cities forts and places of strength whereof they stood possessed at the time of their Treatie with your Lordship and that they are to have a standing force if I well remember of 15000 foot and 2500 horse all of their own party officers and souldiers and they with the whole kingdom to be regulated by a Major party of Irish Trustees chosen by the Rebels themselves as persons for their interests and ends to be by them confided in without whom nothing is to be acted Therein I cannot but mind your Lordship of what hath been sometimes by your self delivered as your sence in this particular that the English interest in Ireland must be preserved by the English and not by Irish and upon that ground if I be not deceived did your Lordship then capitulate with the Parliament of England from which cleer principle I am sorrie to see your Lordship now receding As to that by your Lordship menaced us here of blood and force if dissenting from your Lordships waies and designes for my particular I shall my Lord much rather chuse to suffer in so doing for therein shall I doe what is becomming and answerable to my trust then to purchase my self on the contrary the ignominious brand of perfidie by any allurements of whatsoever advantages offered me But very confident I am of the same divine power which hath still followed me in this work and will still folllow me and in that trust doubt I nothing of thus giving your Lordship plainly this my resolution in that particular So I remain Dublin March 14. 1648. Your Lordships humble servant Signed Mic Jones For the Lord of Ormond these By the Lord Lieutenant Generall of Ireland Ormond WHereas our late Soveraign King Charles of happie memory hath bin lately by a party of his rebellious Subjects of England most traiterously maliciously and inhumanely put to death and murthered and forasmuch as his Majestie that now is Charles by the grace of God King of England Scotlana France and Ireland is son and heir of his said late Majestie and therefore by the Laws of the Land of force and practised in all ages is to inherit We therefore in discharge of the dutie we owe unto God our allegiance and loyaltie to our Soveraign holding it fit him so to proclaim in and through this his Majesties Kingdome doe by this our present proclamation declare and manifest to the world that Charles the second son and heir of our late Soveraign King Charles the first of happy memory is by the grace of God the undoubted King of England Scotland France and Ireland Defender of the Faith c. Given at Carrick Febr. 26. 1648. God save the King A NECESSARY REPRESENTATION of the present evills and eminent dangers to Religion Lawes and Liberties arising from the late and present practises of the Sectarian party in England together with an Exhortation to duties relating to the Covenant unto all within our Charge and to all the well-affected within this Kingdome by the Presbytery at Belfast February 15th 1649. WHen we doe seriously consider the great and many duties which we owe unto God and his people over whom he hath made us Overseers and for whom we must give an accompt and when wee behold the laudable Examples of the worthy Ministers of the Province of London and of the Commissioners of the Generall Assembly of the Church of Scotland in their free and faithfull testimonies against the insolencies of the Sectarian party in England Considering also the dependency of this Kingdome upon the Kingdome of England and remembring how against strong oppositions we were assisted by the Lord the last yeare in discharge of the like dutie and how he punished the Contempt of our warning upon the despisers thereof We finde our selves as necessitated so the more encouraged to cast in our Mite in the treasury least our silence should involve us in the guilt of unfaithfulnesse and our People in security and neglect of duties In this discharge of the trust put upon us by God we would not be looked upon as sowers of sedition or broachers of Nationall and divisive motions our record is in heaven that nothing is more hatefull unto us nor lesse intended by us and therefore we shall not feare the malicious and wicked aspersions which we know Satan by his Instruments is ready to cast not onely upon us but on all who sincerely endeavour the advancement of Reformation What of late have been and now are the insolent and presumptuous practises of the Sectaries in England is not unknowne to the world For first notwithstanding their specious pretences for Religion and Liberties yet their late and present actings being therewith compared doe clearly evidence that they love a rough garment to deceive since they have with a high hand despised the Oath in breaking the Covenant which is so strong a foundation to both whilest they loaden it with slighting reproaches calling it a Bundle of particular and contrary Interests and a Snare to the people and likewise labour to establish by Lawes an Universall Toleration of all Religions which is an Innovation over-turning of Unity in Religion and so directly repugnant to the word of God the two first Articles of our Solemne Covenant which is the greatest wickednesse in them to violate since many of the chiefest of themselves have with their hands testified to the most high God sworne and sealed it Moreover their great dis-affection to the Settlement of Religion and so their future breach of Covenant doth more fully appeare by their strong oppositions to Presbyteriall Government the hedge and Bulwarke of Religion whilest they expresse their hatred
of Dublin full of contumely and dishonour both to the Parliament and Army And on the other side an Insolent and seditious Representation from the Scotch Presbytery at Belfast in the North of Ireland no lesse dishonourable to the State and much about the same time brought hither there will be needfull as to the same slanderous aspersions but one and the same Vindication against them both Nor can we sever them in our notice and resentment though one part intitl'd a Presbytery and would be thou ghta Protestant Assembly since their own unexampl'd virulence hath wrapt them into the same guilt made them accomplices and assistants to the abhorred Irish Rebels and with them at present to advance the same interest if wee consider both their calumnies their hatred and the pretended Reasons of their hatred to be the same the time also and the place concurring as that there lacks nothing but a few formall words which may be easily dissembl'd to make the perfetest conjunction and between them to divide that Iland As for these Articles of Peace made with those inhumane Rebels and Papists of Ireland by the late King as one of his last Master-pieces We may be confidently perswaded that no true borne English-man can so much as barely reade them without indignation and disdaine that those bloudy Rebels and so proclaim'd and judg'd of by the King himself after the mercilesse and barbarous Massacre of so many thousand English who had us'd their right and title to that Countrey with such tendernesse and moderation and might otherwise have secur'd themselvs with ease against their Treachery should be now grac'd and rewarded with such freedomes and enlargements as none of their Ancestors could ever merit by their best obedience which at best was alwaies treacherous to be infranchiz'd with full liberty equall to their Conquerours whom the just revenge of ancient Pyracies cruell Captivities and the causlesse infestation of our Coast had warrantably call'd over and the long prescription of many hundred yeares besides what other titles are acknowledg'd by their own Irish Parlaments had fixt and seated in that soile with as good a right as the meerest Natives These therefore by their own foregoing demerits and provocations justly made our vassalls are by the first Article of this peace advanc'd to a Condition of freedome superior to what any English Protestants durst have demanded For what else can be the meaning to discharge them the Common Oath of Supremacy especially being Papists for whom principally that oath was intended but either to resigne them the more into their own power or to set a mark of dishonour upon the Brittish Loyalty by trusting Irish Rebels for one single Oath of Alleageance as much as all his Subjects of Brittaine for the double swearing both of Alleageance and Supremacy The second Article puts it into the hands of an Irish Parlament to repeale or to suspend if they thinke convenient that act usually call'd Poynings Act which was the maine and yet the civillest and most moderate acknowledgement impos'd of their dependance on the Crown of England whereby no Parlament could be summond there no Bill be past but what was first to be transmitted and allowd under the great seale of England The recalling of which Act tends openly to invest them with a law-giving power of their own enables them by degrees to throw off all subjection to this Realme and renders them who by their endlesse treasons and revolts have deserv'd to hold no Parlament at all but to be govern'd by Edicts and Garrisons as absolute and supream in that Assembly as the People of England in their own Land And the 12th Article grants them in expresse words that the Irish Parlament shall be no more dependent on the Parlament of England then the Irish themselves shall declare agreeable to the Lawes of Ireland The two and twentieth Article more ridiculous then dangerous coming especially from such a serious knot of Lords and Politicians obtaines that those Acts prohibiting to plow with horses by the Tayle and burne oates in the Straw be repeald anough if nothing else to declare in them a disposition not onely sottish but indocible and averse from all Civility and amendment and what hopes they give for the future who rejecting the ingenuity of all other Nations to improve and waxe more civill by a civilizing Conquest though all these many yeares better shown and taught preferre their own absurd and savage Customes before the most convincing evidence of reason and demonstration a testimony of their true Barbarisme and obdurate wilfulnesse to be expected no lesse in other matters of greatest moment Yet such as these and thus affected the ninth Article entrusts with the Militia a Trust which the King swore by God at New-Market he would not commit to his Parliament of England no not for an houre And well declares the confidence he had in Irish Rebels more then in his Loyaliest Subjects He grants them moreover till the performance of all these Articles that 15000 foote and 2500 horse shall remaine a standing Army of Papists at the beck and Command of Dillon Muskery and other arch Rebels with power also of adding to that number as they shall see cause And by other Articles allows them the constituting of Magistrates and Judges in all Causes whom they think fie and till a settlement to their own minds the possession of all those Townes and Countreys within their now Quarters being little lesse then all the Iland besides what their Cruelty hath dispeopl'd and lay'd wast And lastly the whole managing both of peace and warre is committed to Papists and the chiefe Leaders of that Rebellion Now let all men judge what this wants of utter alienating and acquitting the whole Province of Ireland from all true fealty and obedience to the Common-wealth of England Which act of any King against the Consent of his Parliament though no other Crime were layd against him might of it selfe strongly conduce to the dis-inthrowning him of all In France Henry the third demanding leave in greatest exigencies to make Sale of some Crown Lands onely and that to his Subjects was answerd by the Parlament then at Blois that a King in no case though of extreamest necessity might alienate the Patrimony of his Crown whereof he is but onely Usu-fructuary as Civilians terme it the propriety remaining ever to the Kingdome not to the King And in our own Nation King John for resigning though unwillingly his Crown to the Popes Legate with little more hazard to his Kingdome then the payment of 1000 Marks and the unsightlinesse of such a Ceremony was depos'd by his Barons and Lewis the French Kings Sonne elected in his roome And to have carried onely the Jewells Plate and Treasure into Ireland without consent of the Nobility was one of those impeachments that condemn'd Richard the second to lose his Crown But how petty a Crime this will seem to the alienating of a whole Kingdome which in these