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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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ARTICLES OF PEACE MADE AND CONCLUDED with the Irish Rebels and Papists by JAMES Earle of ORMOND For and in behalfe of the late King and by vertue of his Autoritie 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 Publisht by Autority LONDON Printed by Matthew Simmons in Aldergate-streete 1649. BY The Lord Lieutenant Generall and Generall Governour of the Kingdome of IRELAND ORMOND WHereas Articles of Peace are made concluded accorded and agreed upon by and between Us JAMES Lord Marquesse of ORMOND Lord Lieut. Generall and Generall Governor of his Majesties Kingdome of Ireland by vertue of the Authority wherewith We are intrusted for and on the behalfe of His Most Excellent Majesty of the one part and the Generall Assembly of the Roman Catholickes of the said Kingdome for and on the behalfe of his Majesties Roman Catholick Subjects of the same on the other part A true Copy of which Articles of Peace is hereunto annexed We the Lord Lieut. do by this Proclamation in His Majesties name publish the same and do in his Majest. name strictly charge and command al His Majesties Subjects and all others inhabiting or residing within his Majesties said Kingdome 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 Kingdome 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 quietnesse and happinesse under His Majesties most Gracious Government deliver the Kingdome in generall from those slaughters depredations rapines and spoyles which alwayes accompany a war encourage the Subjects and others with comfort to betake themselves to trade traffique comerce manufacture and all other things which un-interrupted may increase the wealth and strength of the Kingdome beget in all his Majesties Subjects of this Kingdome a perfect unity amongst themselves after the too long continued division amongst them So His Majesty assures himselfe that all his Subjects of this his Kingdom duely considering the great and inestimable benefits which they may find in this Peace will with all duty render due obedience thereunto And We in his Majesties name doe hereby declare that all persons so rendering due obedience to the said Peace shall be protected cherished countenanced and supported by his Majesty and his Royall Authority according to the true intent and meaning of the said Articles of Peace Given at our Castle of Kilkenny 17 January 1648. GOD SAVE THE KING Articles of Peace made concluded accorded and agreed upon by and between his Excellency James Lord Marquesse of Ormond Lord Lieutenant General and Generall of his Majesties Kingdome of Ireland for and on the behalfe of His most Excellent Majesty by vertue of the authority wherewith the said Lord Lieutenant is intrusted on the one part And the Generall Assembly of the Roman Catholickes of the said Kingdome for and on the behalfe of His Majesties Roman Catholicke Subjects of the same on the other part HIs Majesties Roman Catholique Subjects as thereunto bound by allegiance duty and nature doe most humbly and freely acknowledge and recognize their Soveraigne Lord King Charles to be lawfull and undoubted King of this Kingdom of Ireland and other his Highnesse Realms and Dominions And his Majesties said Roman Catholicke Subjects apprehending with a deep sence the sad condition whereunto His Majesty is reduced As a further testimony of their Loyalty Doe declare that they and their posterity for ever to the utmost of their power even to the expence of their blood and fortunes will maintaine and uphold His Majesty His Heires and lawfull Successors their Rights Prerogatives Government and Authority and thereunto freely and heartily will render all due obedience Of which faithfull and loyall recognition and declaration so seasonably made by the said Roman Catholickes His Majesty is graciously pleased to accept and accordingly to owne them His loyall and dutifull Subjects And is further graciously pleased to extend unto them the following graces and securities 1. IN primis It is concluded accorded and agreed upon by and between the said Lord Lieutenant for and on the behalfe of His most Excellent Majesty And the said General Assembly for and on the behalf of the said Roman Catholick Subjects and His Majestie is graciously pleased that it shall be enacted by act to be passed in the next Parliament to be held in this Kingdome that all and every the professors of the Roman Catholicke Religion within the said Kingdom shall be free and exempt from all mulctes penalties restraints and inhibitions that are or may be imposed upon them by any law statute useage or custome whatsoever for or concerning the free exercise of the Roman Catholick Religion And that it shall be likewise enacted that the said Roman Catholicks or any of them shall not be questioned or molested in their persons goods or estates for any matter or cause whatsoever for concerning or by reason of the free exercise of their Religion by vertue of any power authority statute law or useage whatsoever And that it shall be further enacted that no Roman Catholique in this Kingdome shall be compelled to exercise any Religion forme of devotion or Divine service other then such as shall be agreeable to their Conscience and that they shall not be prejudiced or molested in their persons goods or estates for not observing using or hearing the Booke of Common-Prayer or any other forme of devotion or divine service by vertue of any coulor or Statute made in the second yeare of Queen Elizabeth or by vertue or coullor of any other law declaration of law Statute Custome or usage whatsoever made or declared or to be made or declared And that it shall be further enacted that the Professors of the Roman Catholicke Religion or any of them be not bound or oblieged to take the Oath commonly called the Oath of Supremacy expressed in the Statute of 2 Elizabeth c. 1 or in any other Statute or Statutes And that the said Oath shall not be tendered unto them and that the refusall 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 viz. I A. B. Doe hereby acknowledge professe testifie and declare in my conscience before God and the world that our Soveraigne Lord King Charles is lawfull and rightfull King of this Realme and of other His Majesties Dominions and Countries and I will beare Faith and true Allegiance to His Majesty and His Heires and Successors and Him and them will defend to the uttermost of my power against all Conspiracies
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