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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
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
I do make this recognition and acknowledgement heartily willingly and truely upon the true faith of a Christian So help me God c. So as by the same Act it be further Provided and Enacted that if any Roman Catholique happen to be promoted presented or advanced to any Ecclesiastical promotion dignity or benifice according to the form now used in the Protestant Church of Ireland That the freedom and exemption aforesaid shall not extend to any such Roman Catholique Or if any being Protestant be advanced promoted or presented to any Ecclesiastical benefice dignity or promotion shall afterwards happen to become a Roman Catholique that the freedom and exemption aforesaid shall not so far extend to any such Roman Catholique but that upon tender of the said Oath and refusal thereof he be for that cause left subject to privation of the said benefice dignity or promotion according to the said Statute And it is further concluded accorded and agreed by and between the said parties that for all matters concerning the first Proposition of the said Catholiques viz. That all Acts made against the professors of the Roman Catholique Faith whereby any restraint penalty mulct or incapacity may be laid upon any Roman Catholique within the Kingdom of Ireland may be Repealed and the said Catholiques to be allowed the freedom of the Roman Catholique Religion That His Majesties said Roman Catholique Subjects be referred to His Majesties gracious Favor and further Concessions And that no clause in these A'rticles shall or may hinder His Majesties said Roman Catholique Subjects or any of them from the benefit of His Majesties further Graces and Concessions And that no use shall be made of the Papers past on this Treaty or any of them concerning the said first Proposition which may in any sort hinder the said Roman Catholique Subjects or any of them from His Majesties further Concessions And that His Majesties said Commissioner and other chief Governour or Governours of this Kingdom for the time being shall cause whatsoever shall be further directed by His Majesty to be passed in Parliament for and on the behalf of His said Roman Catholique Subjects to be accordingly drawn into Bills and transmitted according to the usual maner to be afterwards passed as Acts in the said Parliament 2. Item It is further concluded accorded and agreed upon by and between the said parties And His Majesty is graciously pleased to call a new Parliament to be held in this Kingdom on or before the last day of November next ensuing and that all matters agreed on by these Articles to be passed in Parliament shall be transmitted into England according the usual form to be passed in the said Parliament and that the said Acts so to be agreed upon and so to be passed shall receive no alteration or diminution here or in England Provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of His Majesties Protestant Party or their Adherents or to any of His Majesties Roman Catholique Subjects party or their Adherents other then such things as upon this Treaty shall be concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and such other things as shall be propounded to either or both Houses by the Lord Lieutenant or other chief Governour or Governour for the time being during the said Parliament for the advancement of His Majesties Service and the Peace of the Kingdom which Clause is to admit no construction which may trench upon these Articles or any of them 3. Item It is further concluded accorded and agreed upon by and between the said parties And His Majesty is further graciously pleased that all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonor or prejudice of His Majesties Roman Catholique Subjects of this Kingdom or any of them sithence the 7. of August 1641. shall be vacated and that the same and all exemplifications and other Acts which may continue the memory of them be made void by Act of Parliament 4. Item It is further concluded accorded and agreed upon by and-between the said parties And His Majesty is further graciously pleased that all Indictments Attainders Outlawries in this Kingdom and all the Processes and other proceedings thereupon and all Letters Patents Grants Leases Custodiams Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or Outlawries sithence the 7. of August 1641. in prejudice of the said Catholiques their Heirs Executors Administrators and Assigns or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonor or prejudice of the said Catholiques their Heirs Executors Administrators or Assigns or any of them or the Widows of them or any of them and that to be done immediately after concluding of these Articles and at furthest before the first day of October next Or in case the said new Parliament be called sooner then the said last day of November then fourty days before the said Parliament And that all impediments which may hinder the said Roman Catholiques to Sit or Vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to Sit or Vote there shall be removed before the said Parliament Provided that no man shall be questioned by reason of this Article for mesne rates or wastes saving wilful wastes committed after the first of November 1645. 5. Item It is further concluded accorded and agreed upon by and between the said parties And His Majesty is further graciously pleased that all debts do stand in state as they were in the beginning of those troubles and that no grant or disposition made or to be made thereof by vertue or colour of any Attainder Outlawry Fugacy or other Forfeiture whatsoever or otherwise shall be of force and this to be passed as an Act in the said next Parliament 6. Item It is concluded accorded and agreed by and between the said parties And His Majesty is graciously pleased that for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Freeholders or reputed Freeholders as well of Connaught and County of Clare or Country of Thomond as of the County of Limerick and Tipperary the same to be secured by Act of Parliament according to the intent of the 25 Article of the Graces granted in the fourth year of His Majesties Reign the Tenor whereof for so much as concerneth the said Proposition doth ensue in these words viz. Wee are Graciously pleased that for the securing of the Inhabitants of Connaught and Country of Thomond and County of Clare that their several Estates shall be
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.
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
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
Catholique Subjects of this Kingdom and other His Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective Merits and Abilities 9. Item It is further concluded accorded and agreed upon by and between the said parties and His Majesty is further Gratiously pleased That His Majesty will accept of the yearly Rent or annual sum of Twelve Thousand pounds sterlin to be applotted with indifferency and equalily and consented to be paid to His Majesty His Heires and Successors in Parliament for and in lieu of the Court of Wards in this Kingdom Tenures in Capite common Knights service and all other Tenures within the cognizance of that Court And for and in lieu of all Wardships primer Seisms Fines Ousterlemaines Liveries Intrusions Alienations Mesne-rates Reliefes and all other Profits within the cognizance of the said Court or incident to the said Tenures or any of them or Fines to accrew to His Majesty by reason of the said Tenures or any of them and for and in lieu of Respites and Issues of Homage and Fines for the same And the said yearly rent being so Applotted and consented unto in Parliament as aforesaid then a Bill is to be agreed on in the said Parliament to be passed as an Act for the securing of the said yearly Rent or annual sum of Twelve Thousand pounds to be applotted as aforesaid and for the Extinction and taking away of the said Court and other matters aforesaid in this Article contained And it is further agreed that reasonable Compositions shall be accepted for Wardships fallen since the 23. of October 1641. and already granted And that no wardships fallen and not granted or that shall fall shall be past until the successe of this Article shall appear And if His Majesty be Secured as aforesaid Then all Wardships fallen since the said 23. of October are to be included in the agreement aforesaid upon Composition to be made with such as have grants as aforesaid which composition to be made with the grantees since the time aforesaid it to be left to indifferent persons and the umpirage to the said Lord Lieutenant His Majesties Commissioner 10. Item It is further concluded accorded and agreed by and between the said parties and His Majesty is further gratiously pleased that no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more Proxies then two and that blanck Proxies shall be hereafter totally disallowed and that if such Noblemen or Peers of this Realm as have no Estates in this Kingdom do not within five years to begin from the conclusion of these Articles Purchase in this Kingdom as followeth viz. A Lord Baron two hundred pounds per annum a Lord Viscount four hundred pounds per annum and an Earl six hundred pounds sterper annum shall lose their votes in Parliament until such time as they shall afterwards acquire such estates respectively And it is further agreed that none be admitted into the House of Commons but such as shall be Estated and Resident within this Kingdom 11. Item It is further concluded accorded and agreed by and between the said parties and His Majesty is further gratiously pleased that as for and concerning the Independency of the Parliament of Ireland of the Parliament of England His Majesty will leave both Houses of Parliament in this Kingdom to make such Declaration therein as shall be agreeable to the Laws of the Kingdom of Ireland 12. Item It is further concluded accorded and agreed by and between the said parties and His Majesty is further gratiously pleased That the Councel Table shall contain it self within it's proper bounds in handling matters of State and weight fit for that place amongst which the Patents of Plantation and the Offices whereupon those Grants are founded are to be handled as matters of State and be Heard and Determined by the Lord Lieutenant or other chief Governor or Governors for the time being and the Councel publiquely at the Councel board and not otherwise but Titles between party and party grown after these Patents granted are to be left to the ordinary course of Law and that the Councel Table do not hereafter intermeddle with common businesse that is within the cognizance of the ordinary Courts nor with the altering of Possessions of Lands nor make nor use private Orders Hearings or References concerning any such matter nor grant any Injunction or Order for stay of any Suites in any Civil Cause and that parties grieved for or by reason of any proceedings formerly had there may commence their suits and prosecute the same in any of His Majesties Courts of Justice or Equity for remedy of their pretended Rights without any restraint or interruption from His Majesty or otherwise by the chief Governor or Governors and Councel of this Kingdom 13. Item It is further concluded granted and agreed by and between the said parties and His Majesty is further gratiously pleased that as for and concerning one Statute made in this Kingdom in the eleventh yeer in the Raign of Queen Elizabeth intituled An Act for staying of Wooll Flocks Tallow and other necessaries within this Realm and one other Statute made in the said Kingdom in the 12 year of the said Queen intituled An Act. _____ And one other Statute made in the said Kingdome in the 13. yeare of the raigne of the said late Queene intituled An explanation of the Act made in a Session of this Parliament for the staying of Wooll Flockes Tallow and other Wares and Commodities mentioned in the said Act and certaine Articles added to the same Act All concerning Staple or Native commodities of this Kingdome shall be repealed excepting for Wooll and Wooll fels and that such indifferent persons as shall be agreed on by the said Lord Lievtenant and the said Lord visc Mountgarret Donnogh Lord Viscount Muskery Sir Daniell ó Bryen Knight Sir Lucas Dillon Knight Nicholas Plunket Richard Bellings Philip mac Hugh Rely Tirlogh ó Neale Thomas Fleming Patricke Darcy Gerrald Fernell Geffry Browne Esquires or any five or more of them shall be Authorized by Commission under the great Seale to Moderate and Ascertaine the Rates of Ma●chandize to be exported or Imported out of or into this Kingdome as they shall thinke fit 14. Item It is further concluded accorded and agreed by and betweene the said parties and his Majestie is further gratiously pleased that care be had that the chiefe Governor or Governors of this Kingdome for the time being shall not continue in those Places longer then he shall finde for the good of his people here and that they shall be inhibited to make any Purchase other then by Lease for Provision of their Houses dureing the time of their Government 15. Item It is further concluded accorded agreed by between the said parties and his Majestie in further gratiously pleased that an Act of oblivion shall be passed in the next Parliament to extend unto all his Majesties Subjects of