within this Kingdome 12 Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that as for and concerning the independency of the Parliament of Ireland on 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 Kingdome of Ireland 13 Item It is further concluded and agreed upon by and between the said parties and his Majesty is further graciously pleased that the Councel-Table shall containe it selfe within its proper bounds in handling matters of State and weight fit for that place amongst which the Pattents of Plantation and the offices whereupon those Grants are founded to be handled as matters of State and to be heard and determined by his Majesties Lord Lieutenant or other chiefe Governour or Governours for the time being and the Councell publickly at the Councell-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 intermedle 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 civill cause And that parties grieved for or by reason of any proceedings formerly had there may commence their suites 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 cheife Governour or Governours and Councell of this Kingdome And that the proceedings in the respective Presidency Courts shall be pursuant and according to his Majesties printed Book of Instructions and that they shall containe themselves within the limits prescribed by that Book when the Kingdom shall be restored to such a degree of quietnesse as they be not necessarily enforced to exceed the same 14 Item it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased That as for and concerning one Statute made in this Kingdome in the eleventh year of the Reigne of Queene Elizabeth intituled an Act for staying of Wooll Flockes Tallow and other necessaries within this Realme And another Statute made in the said Kingdome in the twelfth year of the Reign of the said Queen intituled an Act and one other Statute made in the said Kingdome in the 13 year of the Reign of the said late Queen intituled An Exemplanation of the Act made in a Session of this Parliament for the staying of Wooll Flocks 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 Kingdom shall be repealed if it shal be so thought fit in the Parliament excepting for Wooll and Woollfells and that such indifferent persons as shall be agreed on by the said Lord Lieutenant and 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 any seven or more of them shall be authorized by Commission under the great Seal to moderate and ascertain the rates of merchandize to be exported or imported out of or into this Kingdome as they shall think fit 15 Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that all and every person and persons within this Kingdome pretending to have suffered by offices found of several Countries Territories Lands and Hereditaments in the Province of Ulster and other Provinces of this Kingdome in or since the first year of King James his Reign or by attainders or forfeitures or by pretence and coulor thereof since the said first year of King James or by other Acts depending on the said offices attainders and forfeitures may petition his Majesty in Parliament for reliefe and redresse and if after examination it shal appeare to His Majesty the said persons or any of them have been injured then His Majesty will prescribe a course to repaire the person or persons so suffering according to Justice and honor 16 Item It is further concluded accorded and agreed upon by and between the said parties and His Majesty is graciously pleased that as to the particular cases of Maurice Lord Viscount de Rupe Fermoy Arthur Lord Viscount Iveagh Sir Edward Fitz Gerrald of Cloanglish Boronet Charles mac Carty Reag Roger Moore Anthony Mare William Fitz Gerrald Anthony Linch John Lacy Collo mac Brien mac Mahowne Daniel Castigni Edmond Fitz Gerrald of Ballimartir Lucas Keating Theobald Roch Fitz Miles Thomas Fitz Gerrald of the Vally John Bourke of Loghmaske Edmond Fitz Gerrald of Ballimalloe James Fitz William Gerrald of Glinane and Edward Sutton they may petition His Majesty in the next Parliament whereupon His Majesty will take such consideration of them as shall be just and fit 17 Item it is likewise concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased That the Citizens Free-men Burgesses and former Inhabitants of the City of Corke Townes of Youghall and Downegarven shall be forthwith upon perfection of these Articles restored to their respective possessions and Estates in the said City and Townes respectively where the same extends not to the endangering of the said Garrisons in the said City and Townes In which case so many of the said Citizens and Inhabitants as shall not be admitted to the present possession of their houses within the said City and Towns shall be afforded a valuable annuall rent for the same untill settlement in Parliament at which time they shall bee restored to those their possessions And it is further agreed and his Majesty is graciously pleased that the said Citizens Free-men Burgesses and Inhabitants of the said City of Corke and Townes of Youghall and Downegarven respectively shall be enabled in convenient time before the next Parliament to be held in this Kingdome to chuse and returne Burgesses into the same Parliament 18 Item it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that an Act of oblivion be past in the next Parliament to extend to all his Majesties Subjects of this Kingdom and their adherents of all Treasons and offences capitall criminall and personall and other offences of what nature kind or quality soever in such manner as if such Treasons or offences had never been committed perpetrated or don That the said Act do extend to
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
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
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 help me God c. And his Majestie is further graciously pleased that his Majesties Roman Catholike Subjects may erect and keep free schools for education of youths in this Kingdom any law or statute to the contrarie notwithstanding and that all the matters assented unto in this Article be passed as Acts of Parliament in the said next Parliament 9. Item It is further concluded accorded and agreed upon by and between the said parties and his Majestie is graciously pleased That places of command honour profit and trust in his Majesties Armies in this Kingdom shall be upon perfection of these Articles actually and by particular instances conferred upon his Roman Catholike subjects of this Kingdom and that upon the distribution conferring and disposing of the places of command honour profit and trust in his Majesties Armies in this Kingdome for the future no difference shall be made between the said Roman Catholikes and other his Majesties Subjects But that such distribution shall be made with equall indifferency according to their respective merits and abilities and that all His Majesties Subjects of this Kingdom as well Roman Catholikes as others may for his Majesties service and their own security arme themselves the best they may wherein they shall have all fitting incouragement And it is further concluded accorded and agreed upon by and between the said parties and his Majestie is further graciously pleased That places of command honour profit and trust in the civill government in this Kingdome shall be upon passing of the Bills in these Articles mentioned in the next Parliament actually and by particular instances conferred upon his Majesties Roman Catholike subjects of this Kingdome and that in the distribution conferring and disposall of the places of command honour profit and trust in the civill government for the future no difference shall be made between the said Roman Catholikes and other his Majesties Subjects but that such distribution shall bee made with equall indifferencie according to their respective merits and abilities and that in the distribution of ministeriall offices or places which now are or hereafter shall be void in this Kingdom equalitie shall be used to the Roman Catholike Natives of this Kingdom as to other his Maiesties Subiects and that the command of Forts Castles Garrison Towns and other places of importance in this Kingdom shall be conferred upon his Majesties Roman Catholike Subjects of this Kingdom upon perfection of these Articles actually and by particular instances and that in the distribution conferring and disposall of the Forts Castles Garrison Towns and other places of importance in this Kingdome no difference shall be made between his Maiesties Roman Catholike Subiects of this Kingdom and other his Maiesties Subiects but that such distribution shall be made with equall indifferencie according to their respective merits and abilities and that untill full settlement in Parliament fifteen thousand foot and two thousand and five hundred Horse of the Roman Catholikes of this Kingdom shall be of the standing Armie of this Kingdome and that untill full settlement in Parliament as aforesaid the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being and the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Visc. Muskerry Francis Lord Baron of Athunry 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 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 Knight Sir Richard Barnwall Jefferie Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires shall diminish or adde unto the said number as they shall see cause from time to time 10. Item it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that his Majestie will accept of the yeerly rent or annuall sum of twelve thousand pounds sterling to be applotted with indifferencie and equalltie and consented to be paid to his Majestie 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-seizins fines ousterlemains liveries intrusions alienations measne rates releases 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 Majestie by reason of the said tenures or any of them and for and in lieu of respits 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 yeerly Rent or annuall 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 bee 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 passed untill the successe of this Article shall appear and if his Majesty be secured as aforesaid then all Wardships fallen since the said 23. of Octob. are to be included in the agreement aforesaid upon composition to be made with such as have grantees as aforesaid which composition to be made with the grantees since the time aforesaid is to be left to indifferent persons and the umpirage to the said Lord Lieutenant 11. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously 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 dis-allowed and that if such Noble Men or Peers of this Realm as have no Estates in this Kingdom do not within five yeares to begin from the conclusion of these Articles purchase in this Kingdom as followeth viz. A Lord Baron 200 l. per annum a Lord Viscount 400 li. per annum and an Earl 600 l. per annum a Marquesse 800 l. per annum a Duke 1000 l. per annum shall loose their votes in Parliament untill such time as they shall afterwards acquire such estates respectively and that none be admitted in the House of Commons but such as shall bee estated and resident
the Heires Children Kindred Executors Administrators Wives Widowes Dowagers or Assignes of such of the said Subjects and their adherents who dyed on before or since the 23 of October 1641. that the said Act doe relate to the first day of the next Parliament that the said Act doe extend to all bodies Politicke and Corporate and their respective successors and unto all Cities Burroughs Counties Baronies Hundreds Townes Villages Thitlings and every of them within this Kingdom for and concerning all and every of the said offences or any other offence or offences in them or any of them committed or done by his Majesties said Subjects or their adherents or any of them before in or since the 23 of October 1641. Provided this Act shall not extend to be construed to pardon any offence or offences for which any person or persons have been convicted or attainted of Record at any time before the 23 day of October in the year of our Lord 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 acquittall and discharge be incerted that no person or persons bodies Politicke or Corporate Counties Cities Burroughs Baronnies Hundreds Townes Villages Thitlings or any of them within this Kingdom included within the said Act be troubled impeached sued inquieted or molested for or by reason of any offence matter or thing whatsoever comprised within the said Act and the said Act shall extend to all rents goods and chattles taken detained or growne due to the Subjects of the one party from the other since the 23 of October 1641 to the date of these Articles of Peace and also to all customes rents arrears of rents prizes recognizances bonds fines forfeitures penalties and to all other profits perquisits and dues which were due or did or should accrew to His Majesty on before or since the 23 of October 1641 untill the perfection of these Articles and likewise to all measne rates fines of what nature soever recognizances Judgements Executions thereupon and penalties whatsoever and to all other profit due to his Majesty since the said 23 of October and before untill the perfection of these Articles for by reason or which lay within the Survey or recognizance of the Court of Wards and also to all respits 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 the Sheriffes Commissioners Receivers or Collectors and not then or before accounted for or since disposed to the publick use of the said Roman Catholick subjects but that such persons may be brought to account for the same after full settlement in Parliament and not before unlesse by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jefferey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seaven or more of them as the said Lord Lieut. otherwise shall thinke fit Provided that such barrowys and inhumian crimes as shal be particularized and agreed upon by the said Lord Lieutenaut and the said Thomas Lord Viscount Dillon of Costollogh Lord President of Connagh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffry Browne Donnogh O Callaghan Tirlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them as to the actors and procurers thereof bee left to bee tryed and adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costollogh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esq. Sir Lucas Dillon Kt. Sir Nicholas Plunket Kt. Sir Richard Barnewal Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them And that the power of the said Commissioners shall continue onely for two yeares next ensuing the date of their commission which commission is to issue within six months after the date of these Articles Provided also that the commissioners to bee agreed on for tryall of the said particular crimes to be excepted shall hear order and determine all cases of trust where reliefe may or ought in equity to be afforded against all manner of persons according to the equity and circumstances of every such cases and His Majesties cheife Governor or Governours and other Magistrats for the time being in all His Majesties Courts of Justice 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 bee made for the same and that no Clerke or other Officers doe make out or write out any manner of writs 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 pain of 20li sterling And that no Sheriffe or other Officer do execute any such writ processe summons or precept and that no Record writing or memory do remain of any offence or offences released or forgiven or mentioned to be forgiven by this Act and that all other clauses usually inserted in Acts of generall pardon or oblivion enlarging His Majesties grace and mercy nor herein particularised bee incerted and comprised in the said Act when the Bill shall be drawn up with the exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend to any treason felony or other offence or offences which shall be committed or don 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 pursuance of these Articles of peace agreed upon or any Act or Acts which shall be don by vertue coulor or pretence of the power or authority used or exercised by and amongst the Confederate Roman Catholicks after the date of the said Articles and before the said publication shall not be accounted taken construed or to be Treason Felony 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 Provided further that the
said Act of oblivion or any thing in this Article contained shall not hinder or interrupt the said Tho. Lord Visc. Dillon of Costologh Lord Presid. of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them to call to an account and proceed against the Councell and Congregation and the respective Supream Councells Commissioners generall appointed hitherto from time to time by the Confederate Catholickes to manage their affaires or any other person or persons accomptable to an accompt for their respective receipts and disbursements since the beginning of their respective imployments under the said Confederate Catholickes or to acquit orrelease any arrears of excises customes or publicke taxes to be accounted for since the 23 of Octo. 1641. and not disposed of hitherto to the publicke use but that the parties therein concerned may be called to an account for the same as aforesaid by the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seaven or more of them the said Act or any thing therein contained to the contrary notwithstanding 19 Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is graciously pleased That an Act be passed in the next Parliament prohibiting that neither the Lord Deputy or other chief Governor or Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exehequer Privie Councel or Judges of the foure courts be farmers of his Majesties customes within this Kingdom 20. Item It is likewise concluded accorded and agreed and his Majestie is graciously pleased that an Act of Parliament passe in this Kingdom against Monopolies such as was enacted in England 21. Jacobi Regis with a further clause of repealing of all grants of Monopolies in this Kingdom and that Commissioners be agreed upon by the said Lord lieutenant and the said Thomas Lord Viscount Dillon of Costologh Lord president of Connaght Donnogh Lord Viscount Muskerrie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillan Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires or any seven or more of them to set down the rates for the custome and imposition to be laid on Aquavitae Wine Oile Yarne and Tobacco 21. Item it is concluded accorded and agreed and his Majestie is graciously pleased that such persons as shall be agreed on by the said Lord lieutenant and the said Thomas Lord Viscount Dillon of Costologh Lord president of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwell Baronet Jeffery Brown Donnogh O Callaghan Tirlagh O Neal Miles Reilie and Gerrald Fennell Esquires or any seven or more of them shall be as soon as may be authorized by Commission under the great Seal to regulate the Court of Castle-chamber and such causes as shall be brought into and censured in the said Court 22. Item It is concluded accorded and agreed upon and his Majesty is graciously pleased that two acts lately passed in this Kingdom one prohibiting the plowing with Horses by the tail and the other prohibiting the burning of Oates in the straw bee repealed 23. Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is further graciously pleased for as much as upon application of Agents from this Kingdome unto his Majestie in the fourth yeer of his Reign and lately upon humble suit made unto his Majestie by a Committee of both houses of the Parliament of this Kingdom order was given by his Majestie for redresse of severall grievances and for so many of those as are not expressed in the Articles whereof both House in the next insuing Parliament shall defire the benefit of his Majesties said former directions for redresse therein that the same be afforded them yet so as for prevention of inconveniences to his Majesties service that the warning mentioned in the 24. Article of the graces in the 4. yeer of his Majesties Reign be so understood that the warning being left at the persons dwelling houses be held sufficient warning and as to the 22 Article of the said graces the proces hitherto used in the Court of Wards doe still continue as hitherto it hath done in that and hath beene used in other English Courts but the Court of Wards being compounded for so much of the aforesaid answer as concernes warning and processe shall be omitted 24. Item it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that Maritine causes may be determined in this Kingdome without driving of Merchants or others to appeal and seek Justice elsewhere and if it shall fall out that there bee cause of an appeal the party grieved is to appeal to his Majestie in the Chancerie of Ireland and the sentence thereupon to be given by the deligates to be definitive and not to be questioned upon any further appeal except it be in the Parliament of this Kingdome if the Parliament shall then be sitting otherwise not this to be by Act of Parliament and untill the said Parliament the Admiraltie and Maritine causes shall be ordered and setled by the said Lord lieutenant or other chief Governor or Governors of this Kingdome for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires or any seven or more of them 25. Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is graciously pleased that his Majesties Subjects of this Kingdom be cased or all rents and increase of rents lately raised on the commission or defective titles in the Earl of Straffords government this to be by Act of Parliament and that in the mean time the said rents or increase of rents shall not be written for by any processe or the payment thereof in any sort procured 26. Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is further graciously pleased that by Act to be
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
converted by the said Lord lieutenant or other chief Governor or Governors of this Kingdom for the time being to the maintenance of the Kings Armie and other necessary charges untill settlement by Parliament 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 Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwal Baronet Jefferie Brown Donnogh O Callaghan Tirlagh O Neal Miles Reily and Gerrald Fennel Esquires or any seven or more of them shall have power to applot raise and leavie meanes with indifferencie and equalitie for the buying of Armes and Ammunition and for the entertaining of Frigots in such proportion as shall be thought fit by his Majesties Lord Lieutenant or other chief 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 Muskerie 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 Tirlagh O Neal Miles Reily and Gerrald Fennel Esquires or any seven 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 on by the said Lord lieutenant and the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwal Baronet Iefferie Brown Donnogh O Callaghan Tirlagh O Neal Miles Reily and Gerrald Fennel Esquires or any seven or more of them and to be disposed of and the said Frigots to be imployed for his Majesties service and the publike use and benefit of this Kingdom of Ireland and that 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 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 levie meanes with indifferencie and equallitie by way of Excise or otherwise in the severall Cities corporate Towns Counties and part of Counties now within the Quarters and only upon the Estates of the said confederate Roman Catholikes all such sum and summes of money as shall appear to the said Thomas Lord Viscount Dillon of Costologh Lord president of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwell Baronet Jeffery Brown Donnogh O Callaghan Tirlagh O Neal Miles Reilie and Gerrald Fennell Esquires or any seven or more of them to be really due for and in the discharge of the publike ingagements of the said confederate Catholikes incurred or grown due before the conclusion of these Articles and that the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires or any seven or more of them shall be authorized to appoint Receivers Collectors and all other Officers for such monies as shall bee assessed taxed or applotted in pursuance of the authorities mentioned in this Article and for the arrears of all former applotments taxes and other publike dues yet unpaid And that 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 in case of refractories or delinquencie may distrain and imprison and cause such delinquents to be distrained and imprisoned 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 Barnwal Baronet Jefferie Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennel Esquires or any seven or more of them make perfect books of all such monies as shall be applotted raised or levied out of which books they are to make severall and respective abstracts to be delivered under their hands or the hands of any seven or more of them to the severall and respective collectors which shall be appointed to levy and receive the same And that a duplicate of the said books under the hands of the said Thomas Lord Visc. Dillon of Costologh Lord President of Connaght Donnogh Lord Visc. Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnell Esq. 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 be delivered unto his Majesties Lord lieutenant or other chief Governor or Governors of this Kingdom for the time being whereby a perfect account may be given and that 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 Esq. or any seven or more of them shall have power to call the Councell and Congregation and the respective supream Councells and Commissioners Generall appointed hitherto from time to time by the said Confederate Roman Catholickes to mannage their publick affaires and all other persons accountable to an account for all their receipts and disbursments since the beginning of their respective imployments under the Confederate Roman Catholicks 28 Item it is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that for the preservation of the peace and tranquility of the Kingdome the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costollogh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Barron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seaven or more of them shall for the present agree upon such persons who are to be authorized by commission under the great Seale to be Commissioners of
the Peace Oyer and Terminer Assises and Goale Delivery in and throughout the Kingdome to continue during pleasure with such power as Justices of the Peace Oyer and Terminer Assizes and Goale delivery in former time of Peace have usually had which is not to extend unto any crime or offence committed before the first of May last past and to be quallified with power to hear and determin al civil causes coming before them not exceeding ten pounds Provided that they shall not intermeddle with titles of Lands provided likewise the authority of such Commissioners shall not extend to question any person or persons for any shipping cattle or goods heretofore takēn by either party from the other or other injuries done contrary to the Articles of cessation concluded by and with the said Roman Catholicke party in or since May last but that the same shall bee determined by such indifferent persons as the Lord Lieutenant by the advice and consent of the said Thomas Lord Visc. Dillon of Costollogh Lord Presi of Connagh 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 Jeffry Browne Donnogh O Callaghan Tirlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them shall think fit to the end that speedy and equall justice may be done to all parties grieved And the said Commissioners are to make their Estreats as accustomed of peace and shall take the ensuing Oath viz. You shall sweare that as Justice of the Peace Oyer and Terminer Assizes and Goale delivery in the Counties of A. B in all articles to the commission to you directed You shall do equall right to the poore and to the Rich after your cunning and wit and power and after the Lawes and Customes of the Realme and in pursuance of these Articles And you shall not be of councell of any quarrell hanging before you And the issues fines and amerciaments which shall happen to be made and all forfeitures which shall happen before you you shall cause to bee entred without any concealment or imbeazling and send to the Court of Exchequer or to such other place as his Majesties Lord Lieut. or other cheif Governor orGovernors of this Kingdome shall appoint untill there may be accesse unto the said Court of Exchequer You shall not let for gift or other cause but well and truly you shall doe your office of Justice of the Peace Oyer and Terminer Assises and Goale delivery in that behalfe and that you take nothing for your office of Justice of the Peace Oyer and Terminer Assizes and Goale 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 me God c. And that as well in the said Commission as in all other commissions and authorities to be issued in pursuance of the present Articles this clause shall be incerted viz. That all officers civill and martiall shall be required to be aiding and assisting and obedient unto the said Commissioners and other persons to be authorized as above said in the execution of their respective powers 29 Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that his Majesties Roman Catholicke Subjects do 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 cheife upon occasion of necessity as to the Martiall and Military affairs by such as his Majesty or his cheife Governour or Governours of this Kingdom for the time being shall appoint and the said appointment to be by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jefferey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seaven or more of them and His Majestyes cheife Governour or Governours is to issue Commissions accordingly to such persons as shall be so named and appointed as aforsaid for the executing of such comand rule or Government to continue untill all the particulars in these present Articles agreed on to passe in Paliament shall be accordingly passed only in case of death or misbehaviour such 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 dye or misbehave themselves as the cheife Governor or Governors for the time being by the advice and consent of the said Thomas Lord Visc. Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seaven or more of them shall thinke fit and to bee continued untill a settlement in Parliament as aforesaid 30 Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that all customes and tenths of prizes belonging to his Majesty which from the perfection of these Articles shall fall due within this Kingdome shall be paid unto his Majesties receipt or until recourse may be had thereunto in the ordinary legal way unto such person or persons and in such place or places and under such Controls as the Lord Lieutenant shall appoint to be disposed of in order to the defence and safety of the Kingdome and the defraying of other the necessary publicke charges thereof for the ease of the Subjects in other their levyes charges and applotments And that all and every person or persons who are at present intrusted and imployed by the said Roman Catholicks in the entries receipts collections or otherwise concerning the said customes and tenths of Prizes doe continue their respective imployments in the same untill full settlement in Parliament accountable to His Majesties receipts or untill recourse may be had thereunto as the said Lord Lieutenant shall appoint as aforesaid other then to such and so many of them as to the cheife Governour or Governours for the time being by and with the advice and consent of the said Tho. Lord Visc. Dillon of Costologh Lord Pres. of Connaght Donnogh Lord Visc. Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas
Plunket Knight Sir Richard Barnewall Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them shall be thought fit to be altered and then and in such case or in case of death fraud or misbehavior or other alteration of any such person or persons then such other person or persons to be imployed therein as shall be thought fit by the cheife Governour or Governours for the time being by and with the advice and consent of the said Tho. Lord Visc. Dillon of Costollogh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esq. Sir Lucas Dillon Kt. Sir Nicholas Plunket Kt. Sir Richard Barnewal Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them And when it shall appeare that any person or persons who shall be found faithfull to his Majesty hath right to any of the offices or places about the said customes wherunto he or they may not be admitted untill settlement in Parliament as aforesaid that a reasonable compensation shall be afforded to such person or persons for the same 31. Item as for and concerning his Majesties rents payable at Easter next and from thenceforth to grow due untill a settlement in Parliament It is concluded accorded and agreed upon by and between the said parties and his Majestie is graciously pleased that the said rents be not written for or levied untill a full settlement in Parliament and in due time upon application to be made to the said Lord Lieutenant or other chief Governor or Governors of this Kingdome by 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 Planket Knight 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 for remittall of those rents the said Lord Lieutenant or any other chief Governor or Governors of this Kingdome for the time being shall intimate their desires and the reason thereof to his Majestie who upon consideration of the present condition of this Kingdome will declare his gracious pleasure therein as shall be just and honorable and satisfactorie to the reasonable desires of his Subjects 32. Item it is concluded accorded and agreed by and between the said parties and his Majestie is graciously pleased that the Commissioners of Oyer and Terminer and Goal deliverie to be named as aforesaid shall have power to hear and determine all Murthers Man-slaughters Rapes Stealths burning of houses and corn in Rick or Stack Robberies burglaries forcible entries detainers of possessions and other offences committed or done and to be committed and done since the first day of May last past untill the first day of the next Parliament these present Articles or any thing therein contained to the contrary notwithstanding Provided that the Authority of the said Commissioners shall not extend to question any person or persons for doing or committing any act whatsoever before the conclusion of this Treaty by vertue or colour of any warrant or direction from those in publike authoritie among the confederate Roman Catholikes nor unto any act which shall be done after the perfecting and concluding of these Articles by vertue or pretence of any authority which is now by these Articles agreed on Provided also that the said Commission shall not continue longer then the first day of the next Parliament 33 Item it is concluded accorded by and between the said parties and his Majestie is further graciously pleased that for the determining such differences which may arise between his Majesties Subjects within this Kingdome and the prevention of inconvenience and disquiet which through want of due remedie in severall causes may happen there shall be judicatures established in this Kingdome and that the persons to be authorized in them shall have power to do all such things as shall be proper and necessary for them to doe and the said Lord lieutenant by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costollogh Lord President of Connaght Donnogh Lord Viscount Muskerry Francis Lord Baron of Athunry 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 shall name the said persons so to be authorized and doe all other things incident unto and necessarie for the setling of the said intended Judicatures 34. Item at the instance humble suit and earnest desire of the General Assembly of the confederate Roman Catholikes It is concluded accorded and agreed upon that the Roman Catholike regular Clergie of this Kingdom behaving themselves conformable to these Articles of Peace shall not be molested in the possessions which at present they have of and in the bodies scites and precincts of such Abbies and Monasteries belonging to any Roman Carholike within the said Kingdom until settlement by Parliament and that the said Clergie shall not be molested in the enjoying of such pensions as hitherto since the Watres they enjoyed for their respective livelihoods from the said Roman Catholikes and the scites and precincts hereby intended are declared to be the bodie of the Abbie one garden and Orchard to each Abbie if any there be and what else is contained within the walls meares or ancient fences or ditch that doth supply the wall thereof and no more 35. Item it is concluded accorded and agreed by and between the said parties that as to all other demands of the said Roman Catholikes for or concerning all or any the matters proposed by them not granted or assented unto in and by the foresaid Articles the said Roman Catholikes be referred to his Majesties gracious favour and further concessions In witnesse whereof the said Lord Lieutenant for and on the behalfe of his most Excellent Majestie to the one part of these Articles remaining with the said Roman Catholiques hath put his hand and Seal And Sir Richard Blake Knight in the Chaire of the Generall Assembly of the said Roman Catholikes by order command and unanimous consent of the said Catholikes in full Assembly to the other part thereof remaining with the said Lord Lieutenant hath put his hand and the publque Seal hitherto used by the said Roman Catholiques the 17. of January 2648. And in the 24. year of the Reign of our Soveraign Lord CHARLES by the Grace of God King of Great Brittain France and Ireland c. SIR I Have not thus long forborn to invite you with these under your command to a submission to his Majesties authoritie in me and a conjunction with me in the waies of his service out of any the least aversion I had