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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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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 Commissioner 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 PVblished by Authority and Command of the Lord Lieutenant and Councel there Imprinted first at Dublin by William Bladen Printer to the Kings most Excellent Majesty and now Reprinted at London for Edw. Husband Printer to the Honorable House of Commons Sept. 7.1646 ❧ By the Lord Lieutenant and COUNCEL ORMOND VVHereas Articles of Peace are made concluded accorded and agreed upon by and between Us James Lord Marques of Ormond Lord Lieutenant General and General Governor of His Majesties Kingdom of Ireland His Majesties Commissioner 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 Raign 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 21. year of His Majesties Raign of the other part a true Copy of which Articles of Peace is hereunto annexed Wee the Lord Lieutenant and Councel do by this Proclamation in His Majesties Name publish the same And do in His Majesties Name strictly charge and command all His Majesties Subjects and all others Inhabiting or Residing within His Majesties said Kingdom of Ireland to take notice thereof and to render due Obedience to the same in all the parts thereof And as His Majesty hath been induced to this Peace out of a deep sence of the miseries and calamities brought upon this His Kingdom and people and out of a hope conceived by His Majesty that it may prevent the further effusion of His Subjects blood redeem them out of all the miseries and calamities under which they now suffer restore them to all quietness and happiness under His Majesties most gracious Government deliver the Kingdom in general from those slaughters deprecations rapines spoils which always accompany a War encourage the Subjects and others with comfort to betake themselvs to Trade Traffique Commerce Manufacture and all other things which uninterrupted may increase the wealth and strength of the Kingdom beget in all His Majesties Sujects of this Kingdom a perfect Unity amongst themselves after the too long continued Division amongst them So His Majesty assures Himself that all His Subjects of this His Kingdom duly considering the great and inestimable benefits which they may finde in this Peace will with all duty render due obedience thereunto And We in His Majesties Name do hereby Declare That all persons so rendring due Obedience to the said Peace shall be protected cherished countenanced and supported by His Majesty and His Royal Authority according to the true intent and meaning of the said Articles of Peace Given at His Majesties Castle of Dublin the Thirtieth day of July 1646. Ri. Bolton Canc. Roscomon Cha. Lambart Gerrard Lowther Fr. Willoughby Robert Forth Dillon La. Dublin Geo. Cloyne Arthur Chichester Hen. Tichborn Tho. Lucas Ja. Ware God save the King Articles of Peace made concluded accorded and agreed upon by and between his Excellency IAMES Lord Marques of Ormond Lord Lieutenant General and General Governour of His Majesties Kingdom of Ireland His Majesties Commissioner 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 the 24. day of Iune in the twentieth year of His Raign for and on the behalf of His most Excellent Majesty of the one party And Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Gefferey Brown and Iohn Dillon Esquires 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 Anno Domini One thousand six hundred forty five and in the twenty one year of His Majesties Raign Authorizing them and others or any four or more of them to Treat and Conclude a Peace in the said Kingdom of Ireland with His Majesties said Commissioner for and in the behalf of His Majesties said Roman Catholique Subjects on the other party INprimis It is Concluded Accorded and Agreed upon by His Majesties said Commissioner for and on the behalf of His most Excellent Majesty and the said Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires on the behalf of the said Roman Catholique Subjects And His Majesty is graciously pleased that it shall be provided by Act of Parliament to be passed in the next Parliament to be held in this Kingdom That the Professors of the Roman Catholique Religion in the said Kingdom or any of them be not bound or obliged to take this Oath expressed in the Statute of Secundo Eliz commonly called the Oath of Supremacy And that the said Oath shall not be tendred unto them and that the refusal of the said Oath shall not redound to the prejudice of them or any of them they taking the Oath of Allegiance In haec verba I. A. B. do truely acknowledge confesse testifie and declare in my conscience before God and the World That our Soveraign Lord King CHARLES is Lawful and Rightful King of this Realm and of other His Majesties Dominions and Countryes and I will bear Faith and true Allegience to His Majesty and His Heires and Successors and Him and them will defend to the uttermost of my power against all conspiracies and attempts whatsover which shall be made against His or their Crown or Dignity and do my best endeavor to disclose and make known unto His Majesty His Heires and Successors or to the Lord Deputy or other Governor for the time being all Treasons or Trayterous Conspiracies which I shall know or hear to be intended against His Majesty or any of them and
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
this Kingdome and their adherents of all Treasons Offences Capitall Criminall and Personall and other Offences of what Nature kind or qualitie soever in such manner as if such Treasons or Offences had never beene committed perpetrated or done That the said Act doe extend to the Heires Children Kindred Executors Administrators Wifes Widdowes Dowagers and Assignes of such of the said Subjects and their adherents who died on or since the 23 of October 16●1 That the said Act doe relate to the First Day of the next Parliament That the said Act doe extend to all Bodies Politique and Corporate and their respective Successors and unto all Citties Bourrougaes Counties Barronies Hundreds Townes Villages Tythings and every of them within this Kingdome for and concerning all and every of the said offences or any other offences or offences in them or any of them committed or done by his Majesties said Subjects or their adherents or any of them in● or since the 23. of October 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 Aquittall and Discharge be incerred That no person or Persons Bodies Politique or Corporate Counries Cities Burroughes Barronies Hundreds Townes Villages Tythings or any of them within this Kingdome included within the said Act be Troubled Impeached Sued Inquieted or Molested for or by reason of any offence matter or thing whatsoever comprized within the said Act and the said Act shall extend to all Rents Goods and Chattells taken Detained or growen due to the Subjects of the one side to the other since the 23. of October 1641. to the Date of these Articks and also to all Customes Rents Arteares of Ren 〈◊〉 Prizes Recognizances Bonds Fines Forfeitures Penalties and to all other Profits perq●●sites and Dues which were due or did or should accrue to his Majestie on before or fince the 23 of October 1641. untill the perfection of these Articles and likewise to all m●sue rates Fines of what nature soever Recognizances Iudgments Executions thereupon and penalties whatsoever and to all other profits due to his Majestie since the said 23. of October and before untill this present for by reason or which lay within the survay or cognizance of the Court of Wards and also to all Respirts 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 Sheriffs Commissioners Receivers or Collectors and not then or before accounted for or since disposed to publique use of the said Roman Catholique Subjects but that such persons may be brought to account for the same after full settlement in Parliament not before Provided that such Barbarous and Inhumane Crimes as shall be particularized and agreed upon by the said Lord Lievtenant and the Lord Viscount Mountgarret Doimogh Lord Viscount Muskery Sir Daniell ô Bryon Knight Sir Lucas Dillon Knight Nicholas Plunket Richard Bellings Philip Mas Hugh Rely Terlogh ô Neale Thomas Fleming Patricks Darcy Gerald Fennell and Goffry Brouns Esquires or any five or more of them as to the Actors and Procurers thereof be left to be Tried and Adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lievtenant and the said Lord viscount Mountgarret Donogh Lord visc Muskery Sir Daniell ô Bryen Knight Sir Lucas Dillon Knight Nicholas Planket Richard Bellings Philip mac hugh o Rely Terlogh o Neale Thomas Flewing Patrick Darcy Gerrald Fennell and Geffry Browne Esquires or any five or more of them and that the power of the said Commissioners shall continue only for two yeares next ensuing the date of these present Articles Provided also that the Commissioners to be agreed on for tryall of the said particular Crimes to be Excepted shall Heare Order Determine all cases of Trust where releife may or ought in Equitie to be afforded against all manner of persons according to the Equitie and Circumstances of every such eases And his Majesties Cheife Governor or Governors and other Governors and Majestrates for the time being and all his Majesties Courts of Iustice 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 be made for the same And that no Clerke or other Officers doe make out or write out any manner of Writts 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 paine of twenty pound sterling And that no Sheriffe or other Officer doe execute any such Writt Processe Summons or Precept And that no Record Writeing or Memorie doe remaine of any Offence or Offences released or Forgiven or mentioned to be Forgiven by this Act. And that all other causes usually incerted in Acts of Generall Pardon or Oblivion enlarging His Majesties Grace and Mercie not herein particularied be incerted and comprized in the said Act when the Bill shall be drawn up with the Exceptions already expressed and none other Provided alwaies that the said Act of Oblivion shall not extend unto any Treason Fellony or other Offence or Offences which shall be Committed or done 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 persuance of these Articles or any of them after the Publication of the said Articles or any Act or Acts which shall be done by vertue colour or pretence of the power or authoritie used or exercised by amongst the confederat Roman Catholiques after the date of these Articles and before the said Publication shall not be accounted taken construed or be Treason Fellony 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 16. Item It is further concluded accorded agreed by between the said parties and his Majesty is further gratiously pleased that an Act be passed in the next Parliamēt prohibiting that neither the Lord Deputy or other chiefe Governor Governors Lord Chancellor Lo. high Treasurer vice treasurer Chancellor or any of the Barrons of the Exch●quer Privie Councell or Iudges of the foure Courts be Farmours of His Majesties Customes within this Kingdome 17. Item It is further concluded accorded and agreed by and betweene the said parties And His Majestie is further graciously pleased that an Act of Parliament passe in this Kingdome against Monoples such as was enacted in England 21.