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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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inditements attainders outlaries processes or any other proceedings thereupon or any letters patents grants leases custodiums bonds recognizances or any Record or acts office or offices inquisitions or any other thing depending upon or by reason of the said indictments attainders or outlawries shall in any sort prejudice the said Roman Catholikes or any of them but that they and every of them shall bee forthwith upon perfection of these Articles restored to their respective possessions and hereditaments respectively provided that no man shall be questioned by reason hereof for measne rates or wastes saving wilfull wastes committed after the first day of May last past 5. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that as soon as possible may be all impediments which may hinder the said Roman Catholikes to sit or vote in the next intended Parliament or to choose or to be chosen Knights and Burgesse to sit or vote there shall be removed and that before the said Parliament 6. Item it is concluded accorded and agreed upon and his Majestie is further graciously pleased that all debts shall remain as they were upon the 23. of October 1641. Notwithstanding any disposition made or to be made by vertue or colour of any attainder outlawrie fugacie or other forfeiture and that no disposition or grant made or to be made of any such debts by vertue of any attainder outlawrie fugacie or other forfeiture shall be of force and this to be passed as an act in the next Parliament 7. Item It is further concluded accorded and agreed upon 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 Connaght and county of Clare or country of Thomond as of the counties 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 same doth ensue in these words viz. Wee are graciously pleased that for the Inhabitants of Connaght and country of Thomond and county of Clare that their several estates shall be confirmed unto them and their heires against us and our heires and successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by Us or our Heires and Successors In which Act of Parliament so to be passed you are to take care that all tenures in capite and all rents and services as are now due or which ought to be answered unto us out of the said lands and premises by any letters pattents past thereof since the first year of King Henry the eight or found by any office taken from the said first year of King Henry the eight untill the 21. of July 1645. whereby our late dear father or any his Predecessors actually received any profit by wardship liveries primer-seisins measne rates ousterlemains or fines of alienations without licence be again reserved unto us our Heires and successors and all the rest of the premises to be holden of our Castle of Athlone by Knights service according to our said late Fathers letters notwithstanding any tenures in capite found for Us by office since the 21. of July 1615. and not appearing in any such letters patents or offices within which rule his Majesty is likewise graciously pleased that the said lands in the Counties of Limerick and Tipperarie be included but to be held by such rents and tenures only as they were in the fourth year of his Majesties Reign Provided alwaies that the said Lords Knights Gentlemen and Freeholders of the said Province of Connaght county of Clare and Countrey of Thomond and Counties of Tipperarie and Limerick shall have and enjoy the full benefit of such composition and agreement which shall be made with his most Excellent Majestie for the Court of Wards tenures respits and issues of homage any clause in this Article to the contrary notwithstanding and as for the lands within the counties of Kilkennie and Wickloe unto which his Majestie was intituled by offices taken or found in the time of the Earl of Straffords government in this Kingdom His Majestie is further graciously pleased that the State thereof shall be considered in the next intended Parliament where his Majestie will assent unto that which shall be just and honourable and that the like act of limitation of his Majesties Titles for the securitie of the estates of his Subjects of this Kingdome be passed in the said Parliament as was enacted in the 21. year of his late Majestie King James his Reign in England 8. Item it is further concluded accorded and agreed upon and His Majestie is further graciously pleased That all incapacities imposed upon the Natives of this Kingdome or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Innes of Court in or neer the city of Dublin or elsewhere as shall be thought fit by his Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being and in case the said Innes of Court shall be erected before the first day of the next Parliament then the same shall be in such place as his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerrie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jefferie Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily Gerrald Fennell Esquires or any seven or more of them shall thinke fit And that such students natives of this Kingdom as shall be therein may take and receive the usuall degrees accustomed in any Innes of court they taking the insuingoath viz. I A. B. Doe hereby acknowledge professe testifie and declare in my conscience before God and the world that our Soveraign Lord K. Charles is lawful and rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heires and Successors or to the Lord Deputy or other His Majesties cheife Governour or Governors for the time being all Treason or Traiterous conspiracies which I shall know or heare to be entended against His
and Attempts whatsoever which shall be made against His or Their Crowne and Dignitie and do my best endeavour to disclose and make knowne to His Majesty His Heires and Successors or to the Lord Deputy or other His Majesties cheife Governour or Governors for the time being all Treason or Traiterous conspiracies which I shall know or heare to be entended against His Majesty or any of them And I doe make this Recognition and acknowledgment heartily willingly and truly upon the true faith of a Christian so helpe me God c. Neverthelesse the said Lord Lieutenant doth not hereby intend that any thing in these concessions contained shall exten'd or be construed to extend to the granting of Churches Church-livings or the exercise of Jurisdiction the authority of the said Lord Lieutenant not extending so far yet the said Lord Lieutenant is authorized to give the said Roman Catholicks full assurance as hereby the said Lord Lieutenant doth give unto the said Roman Catholicks full assurance that they or any of them shall not be molested in the possession which they have at present of the Churches and Church-livings or of the Exercise of their respective Jurisdictions as they now exercise the same untill such time as His Majesty upon a ful consideration of the desires of the said Roman Catholicks in a free Parliament to be held in this Kingdome shall declare his further pleasure 2 Item it is concluded accorded and agreed upon by and between the said parties and His Majestie is further graciously pleased that a free Parliament shall be held in this Kingdome within six months after the date of these Articles of Peace or as soon after as Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jefferey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or the major part of them will desire the same so that by possibility it may be held and that in the mean time and untill the Articles of these presents agreed to be passed in Parliament be accordingly passed the same shall be inviolably observed as to the matters therein conteined as if they were enacted in Parliament And that in case a Parliament be not called and held in this Kingdom within two yeares next after the date of these Articles of peace Then His Majesties Lord Lieutenant or other His Majesties cheif Governour or Governours of this Kingdome for the time being will at the request of the said Thomas Lord Viscount Dillon of Costollogh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquires Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geffery Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or the major part of them call a Generall Assembly of the Lords and Commons of this Kingdom to attend upon the said Lord Lieutenant or other his Majesties cheife Governour or Governours of this Kingdom for the time being in some convenient place for the better setling of the affairs of the Kingdome And it is further concluded accorded and agreed by and between the said parties that all matters that by these Articles are agreed upon to be passed in Parliament shall be transmitted into England according to the usuall forme to be passed in the said Parliament and that the said Acts so agreed upon and so to be passed shall receive no dis-junction or alteration 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 his Majest. Roman Catholicke subjects or their adherents other then such things as upon this Treaty are 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 other then such matters as his Majesty will be graciously pleased to declare his further pleasure in to be passed in Parliament for the satisfaction of his Subjects and other then such things as shall be propounded to either or both houses by his Majesties Lord Lieut. of other cheif Goveror or Governors of this Kingdome 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 the Articles of peace or any of them and that both houses of Parliament may consider what they shall thinke convenient touching the repeale or suspension of the Statute commonly called Poynings Act entitled an Act That no Parliament be holden in that land untill the Acts be certified into England 3 Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that all Acts Ordinances and Orders made by both or either houses of Parliament to the blemish dishonour or prejudice of his Majesties Roman Catholicke Subjects of this Kingdome or any of them fithence the seventh of August 1641. shall be vacated and that the same and all Exemplifications and other Acts which continue the memory of them be made voide by Act to be past in the next Parliament to be held in this Kingdome and that in the meane time the said Acts or Ordinances or any of them shall bee no prejudice to the said Roman Catholickes or any of them 4 Item It is also concluded and agreed upon and his Majesty is likewise graciously pleased that all indictments attainders outlawries in this Kingdome and all the processes and other proceedings thereupon and all Letters Pattents Grants Leases Customes 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 fithence the seventh day of August 1641. in prejudice of the said Catholickes their Heires Executors Administrators or Assignes or any of them or the widdowes of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholikes their heires executors administrators or assignes or any of them or the widows of them or any of them and that to be done when the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Vise Muskerry Francis Lord Baron of Athunry Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwell Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reilie and Gerrald Fennell Esquires or the major part of them shall desire the same so that by possibilitie it may be done and in the mean time that no such
passed in the next Parliament all the arrears of interest mony which did accrue and grow due by way of debt mortgage or otherwise and yet not so satisfied since the 23. of October 1641. untili the perfection of these Articles shall be fully forgiven and be released and that for and during the space of three yeeres next ensuing no more shall be taken for use or interest of money then five pounds per centum And in cases of equitie arising through dis-abilitie occasioned by the distempers of the times the considerations of equitie to be like unto both parties but as for mortgages contracted between his Majesties Roman Catholike Subjects and others of that partie where entry hath been made by the mortgagers against Law and the condition of their mortgages and detained wrongfully by them without giving any satisfaction to the mortgages or where any such mortgagers have made profit of the lands morgaged above countrey charges yet answer no rent or other consideration to the mortgagees the parties grieved respectively to be left for releife to a course of equitie therein 27. Item it is further concluded accorded and agreed upon and His Majestie is further graciously pleased That immediatly upon perfection of these Articles the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerrie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jefferie Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily Gerrald Fennell Esquires shall be authorized by the said Lord licutenant to proceed in hear determine and execute in and throughout this Kingdom the ensuing particulars and all the matters thereupon depending and that such authoritie and other the authorities hereafter mentioned shall remain of force without revocation alteration or diminution untill Acts of Parliament be passed according to the purport and intent of these Articles and that in case of death miscarriage disabilitie to serve by reason of sicknesse or otherwise of any the said Thomas Lord Viscount Dillon of Costologh Lord president of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tirlagh O Neal Miles Reily and Gerrald Fennell Esquires and his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being shall name and authorize another in the place of such as shall be so dead or shall miscarrie himselfe or be so disabled and that the same shall be such person as shall bee allowed of by the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerry Francis Lord Baron of Atbunry Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reilie and Gerrald Fennell Esquires or any seven or more of them then living And that the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunry Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Kt. Sir Richard Barnwal Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires or any seven or more of them shall have power to applot raise and leavie meanes with indifferencie and equalitie by way of Excise or otherwise upon all his Majesties Subjects within the said Kingdom their persons Estates and goods towards the maintenance of such Armie or Armies as shall be thought fit to continue and be in pay for his Majesties service the defence of the Kingdom and other the necessary publike charges thereof and towards the maintenance of the Forts Castles Garrisons and Towns of both or either partie other then such of the said Forts Garrisons and Castles as from time to time untill there shall bee a settlement in Parliament shall be thought fit by his Majesties chief Governor or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwal Baronet Jefferie Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennel Esquires or any seven or more of them not to be maintained at the charge of the publike provided that his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdome for the time being be first made acquainted with such taxes levies and excises as shall be made and the manner of leavying thereof and that he approve the same and to the end that such of the Protestant party as shall submit to the Peace may in the severall Counties where any of their estates lyeth have equallitie and indifferencie in the Assessements and levies that shall concern their estates in the said severall Counties It is concluded accorded and agreed upon and his Majestie is graciously pleased That in the directions which shall issue to any such County for the applotting subdeviding and levying of the said publike assessements some of the said Protestant party shall be joyned with others of the Roman Catholike party to that purpose and for effecting that service and the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwell Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neil Miles Reily and Gerrald Fennell Esquires or any seven or more of them shall have power to leavie the arrears of all excises and other publike taxes imposed by the Confederate Roman Catholikes and yet unpaid and to call Receivers and other accomptants of all former taxes and all publike dues to a just and strict account either by themselves or by such as they or any seven or more of them shall name or appoint and that the said Lord Lieutenant or any other chief Governor or Governors of this Kingdom for the time being shall from time to time issue Commissions to such person and persons as shall be named and appointed by the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jefferie Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires or any seven or more of them for letting setting and improving the estates of all such person and persons as shall adhere to any partie opposing his Majesties Authority and not submitting to the Peace and that the profits of such estates shall be
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