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A90187 Severall papers of the treatie between His Excellencie Iames Marques of Ormond, Lord Lieutenant Generall of Ireland for the King, on the one part; and Sir Thomas Wharton, Sir Robert King, Sir John Clotworthy, Sir Robert Meredith, knights, and Richard Salwey Esquire, commissioners authorized by the two Houses of Parliament of England; on the other part. VVith the commissioners instructions concerning the Lord of Ormond; the instructions concerning the Protestants of Ireland, & compositions of delinquents: His Excellencies answer; and the Lord Lieutenants reply. With their reply to all his exceptions. And the Kings Maj. directions. Ireland. Lord Lieutenant (1641-1649 : Ormonde); Ormonde, James Butler, Duke of, 1610-1688.; Wharton, Thomas, Sir.; England and Wales. Sovereign (1625-1649 : Charles I); England and Wales. Parliament. 1646 (1646) Wing O458A; Thomason E378_4; ESTC R201374 32,080 45

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SEVERALL PAPERS OF THE TREATIE BETWEEN His Excellencie IAMES Marques of ORMOND Lord Lieutenant Generall of IRELAND for the KING on the one part AND Sir Thomas Wharton Sir Robert King Sir John Clotworthy Sir Robert Meredith Knights and Richard Salwey Esquire Commissioners authorized by the Two Houses of PARLIAMENT of ENGLAND on the other part VVith the Commissioners Instructions concerning the Lord of Ormond the Instructions concerning the Protestants of Ireland Compositions of Delinquents His Excellencies Propositions and the Commissioners their Answer and the Lord Lieutenants Reply With their Reply to all his Exceptions And the Kings Maj. Directions DVBLIN Printed by William Blad●n Printer to the Kings most Excellent Majesty Anno Dom. 1646. At the Committee of Lords and Commons at Darby house BY Vertue of an Ordinance of Parl. of the 15. of this instant October authorizing us We do constitute and appoint you Sir T. Whatton Sir Rob. King Sir John Clatworthy and Sir Robert Meredith Knights and Rich. Salwey Esq Commissioners to treat with the Lord of Ormond for and concerning the delivery of the Sword the City of Dublin and all other Garrisons and Holds in his power And you or any three of you have hereby power to treat with the said L. of Ormond concerning the premises and to agree conclude with him concerning the same acoording to such instructions as are delivered unto you Given this 23 of October 1646. Northumberland E. Manchester P. Lisle P. Wharton W. Peirrepoint Denzel Hollis P. Stapleton W. Lewis J. Temple Ro. Goodwyn Copia vera Ex. W. Rowe Secr. Die Lunae 12. October 1646. IT is this day Ordered by the Commons assembled in Parliament That it be referred to the Members of both Houses that are of the Committee of both Kingdomes to consider of these Letters and to receive the Addresses of the Commissioners from Ireland and their Prop●sitions and to view and consider of their Instructions and the Members of this House that are of the Committee of both Kingdomes or any four of them have power to meet this Afternoon at two of the clock in Darby-house for the purposes aforesaid and haue power to report tomorrow if they shall see occasion And the Lord Lieutenant of Ireland Mr. Hollis Sir John Clotworthy and Sir Iohn Temple have power and are desired to be present at the meeting of this Committee Mr. Na. Fi●es Sir W. Lewis and Mr. Rob. Goodwyn are added to this Committee Hen. Elsynge Cler. Parl. D. Com. Die Jovis 15. Octobris 1646. THE Lords and Commons assembled in Parliament do declare that they resolve to proceed upon the second way of Overture made by the Earl of Ormond and will appoint some way of treating with him for his Retirement and will imploy such as they shall think fit in the Trust of that Kingdome John Brown Cler. Parliament Vera Copia Ex. W. Rowe Secr. Die Jovis 15. Octobris 1646. ORdered by the Lords and Commons in Parliament assembled That the whole Affaire concerning Ireland in respect of the secresie and expedition thereunto necessary be referred back to the former Committee And the Committee hath power to give Instructions to such as they shall imploy for the pursuance and transaction of that Affaire and to Order the Forc●s that shall go thither and to dispose of the Ammunition and other Provisions for the Service of Ireland as they shall judge best for the Publique Service and are to meet this Afternoon and so from time to time as they shall see cause John Brown Cler. Parliament Vera Copia Ex. W. Rowe Secr. Instructions for Sir Tho. Wharton Sir Rob. King Sir John Clotworthy Sir Rob. Meredith Knights and Rich. Salwey Esq concerning the Lord of Ormond YOu are to declare to the L. of Ormond the E. of Roscommon and the rest of those that signed the Instructions to Sir Gerrard Lowther Sir Francis Willoughby and Sir Panl Davies That the Parliament will take into their Care and Protection the Protestants of Ireland If the L. of Ormond do within foure dayes deliver up the Swo●d render all the Garrisons and other Commands to the pleasure of the Parliament Then you or any three of you are to give these ensuing Conditions 1. That the L. of Ormond shall enjoy his estate without molestation or disturbance from the Parl. And shall have indempnity against all debts contracted by reason of any Goods Money Debts or Victuals taken up by vertue of any Warrants signed by him and the Councel from any person for the maintenance and support of the Armies or any of the Garrisons now under his Command 2. That he shall be protected in his Person and Goods for the space of 12 moneths against all Suits Arrests Molestation or Disturbance from any person whatsoever for any Debts owing by him to any person whatsoever before the Rebellion there 3. That the L. of Ormond and all such Noblemen Gentlemen and Officers as shall be desirous to go with him or by themselves into any other place out of that Kingdom shall have free Passes for themselves their Families Goods travelling Arms and a competent number of servants sutable to their respective Qualities 4. That the L. of Ormond shall have 5000. l. paid him in England or Ireland in such manner as shall seeme best to the Commissioners now sent And shall have also 2000. l. per annum for 5 yeares And if the Warre shall longer continue in such manner as he cannot receive 2000. l. per annum out of his owne Estate That then he shall have the said Pension of 2000. l. per annum still continued untill he can receive so much out of his own estate 5. That the L. of Ormond shall have liberty to come and live here in England With the like liberty that others have he submitting to all Ordinances of Parliament And for the time of 12 moneths shall not be pressed to any Oaths he ingaging his honour to do nothing in the mean time that shall be disservice to the Parliament Darby-house 17 Octob. 1646. A. Northumberland E. Manchester P. Lisle P. Wharton W. Pierrepoint Denzel Hollis W. Waller W. Armyn Ph. Stapleton Iohn Temple W. Lewis Ro. Wallop Vera Copia Ex. W. Rowe Secr. Novemb. 15. 1646. VVE find in the Instructions delivered in by you unto us That you are to declare unto us and the rest that signed the Instructions to Sir Gerard Lowther c. That the Parl. will take into their Gare and Protection the Protestants of Ireland We desire to know whether by these words viz. That the Parl. will take into their Gare and Protection the Protestants of Ireland All the Protestants of Ireland are to enjoy their Laws Liberties Estates and Imployments without molestation or disturbance from the Parliament of England ORMOND Novem. 15. 1646. VVEE find by the Instructions delivered in by you unto us these words viz. If the Lord of Ormond doe within 4 dayes deliver up the Sword render all the Garrisons and other Commands
conditions offered in our former papers and to give us a speedy resolution therein Rob. Meredith Tho. Wharton Rob. King Io Clotworthy Ri. Salwey Instructions for Sir Thomas Wharton Sir Robert King Sir John Clotworthy and Sir Rob. Meredith Knights and Richard Salwey Esquire imployed to the Lord of Ormond and others at Dublin You may receive any Protestant who hath not been in the Irish rebellion though he hath of late consented or submitted either to the cessation of A mes or the peace concluded with the Irish reb●ls so as they submit to the Pa●liament within twenty dayes after your sending for them You or any three of you have power hereby to give protection to ●uch as will come under contribution and to give them the best safeguard you can by the countenan●e of the Forces serving under the Parliament You or any three of you may give to such Protestants not having been in the Irish ●ebellion as you condition withall assurance of security to their persons and to their estates and goods that they have in Ireland and that t●ey may live quietly and securely under the protection o● the Parliament and their Forces either within England Ireland or Wales and you may likewise assure them that they shall enjoy those their Estates and Goods without any molestation or question from the Parliament as any others doe who have not offended the Parliament they submitting to all Ordinances of Parliament ann if any of them have any Lands or Estates in England they are to compound for the same at the rate of two yeares profit as they were before the beginning of these troubles they submitting to all Ordinances of Parliament Darby-house Octob. 17. 1646. Northumberland W. P●erpoint W. Waller Manchester Denz Hollis P. Stapleton P. Lisle W. Lewis I. Temple P. Wharton W. Armine Ro. Wallop 17. November 1647. IN your third paper of the 16. of November are these words viz. That for the Officers of the Martiall List we have power by our Intructions and ●o intend accordingly to imploy such of them as shall be found fit for the service A Copy of which Instruction we desire that we may the better judge how farre the security and future subsistence of the said Officers is thereby provided for Ormond November 17. 1646. In answer to your Lordships first paper of the 17. of this Moneth wee herein deliver a Copy of the Instructions therein desired Rob. Meredith Tho. Wharton Rob. King Io. Clotworthy R. Salwey YOu or any three of you are to imploy such of the Officers now under the Lord of O●mond as you shall thinke fit and where you displace any you are to place other Officers if they be necessary or otherwise to see their Commands sufficiently discharged untill the Lord Lieutenant of Ireland take further order Signed as the rest of the Instruction Copia vera exam W. Rowe Secr. 17. Novemb. 1646. BY our second paper of the 16. of November wee desired you for the bringing of the present debates to a speedy dy conclusion to set down fully and clearly how farre the propositions positions which we sent to the Parliament by our Commissioners are assenced unto and we did by our said paper declare that upon view and consideration thereof we would speedily give our positive answer to which by our first paper of the 17. of November you say that you cannot answer our desire therein neither those propositions nor copies of them being delivered unto you We think fit to declare unto you that our Commissioners delivered our Propositions and Instructions to the Committee of both Houses and that they took Copies thereof and that our Commissioners doe by their letters of the 16. of October 1646 certifie us by the command of the said Committee that with the succours there would also arriue here certain Commissioners to bee sent from the Parliament to treat with us upon the particulars contained in the Propositions and Instructions sent to the Parliament from us Copies of which Propositions and Instructions we are ready to send unto you if that you shall desire the same And we again desire you to declare fully and clearly how far you have power and will assent to our said Propositions or whether we shall give our positive answer to the papers already delivered by you taking it for granted that you have no further or other Instructions then what you have delivered us Ormond 17. November 1646. TO your Lordships second paper of the 17. of November wherein you again desire us to declare fully and clearly how farre we have power and will assent to the Propositions sent to the Parliament by your Commissioners we can return no other answer then we have already done in our two first papers of the 16. and 17. of Novemb. in the later of which we declare we have not those propositions nor copies of them nor we think it expedient upon this occasion to receive the same from your Lordship yet we desire the want of those Propositions may not be conceived the only reason of our forbearance of giving further answer to your Lordships paper but hold it our duty to insist upon your Lordships positive answer to the papers already given in Rob Meredith Tho. Wharton Rob. King Jo. Clotworthy Ri. Salwey 17. November 1646. If you shall positively declate that you have no power or instructions to enlarge your selves beyond what is expressed in your former papers we will then give a positive answer to those papers Ormond 17 November 1646. We cannot more largely or positively expresse the power and extent of our instructions we have then already done but doe again in pursuance of our instructions desire your Lordsh●p● answer to the papers given in Rob. Meredith Tho. Wharton Rob King Jo Clotworthy Ri. Salwey 17 November 1646. We did not by our third paper o● the 17. of November desire to know whether you could more largely or positively express th● power intent of your instructions then you had formerly done But we expressed that if you would positively declare you had no power or instructions to enlarge your selves beyond what is express●d in your former papers wee would then give a positive answer to those papers which by your answer thereunto you have neither affirmed nor denied And therefore we forbear to give a positive answer to your said papers till we be satisfied in that particular Ormond 18. November 1646. Having taken into consideration your Lordships last paper of the 17. of Novemb. we return you this answer that wea hold not fit positively to declare whether wee have any power or instruction to enlarge our selves beyond what is expressed in our former paper nor doewe conceive it ought to be expected from us for that to omit other reasons wee have frequently declared that we are according to our instructions to receive your Lordships positive answer upon the papers already given in which we now again desire from your Lordship Rob. Meredith Tho. Wharton Rob. King Io. Clotworthy