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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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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
to you or any of them or out of any dis-esteem I had to your power to advance or impede the same but out of my fear whiles those that have of late usurped power over the Subjects of England held forth the least colourable shadow of moderation in their intentions towards the settlement of Church or State and that in some tollerable way with relation to Religion the interest of the King and Crown the freedom of Parliament the Liberties of the subject any addresses from mee proposing the withdrawing of that party from those thus professing from whom they have received some and expected further support would have been but coldly received and any determination thereupon deferred in hope and expectation of the forementioned settlement or that you your selfe who certainly have not wanted aforesight of the sad confusion now covering the face of England would have declared with me the Lord Inchequeen and the Protestant Army in Munster in prevention thereof yet my fear was it would have been as difficult for you to have carried with you the main body of of the Armie under your command not so clear sighted as your self as it would have been dangerous to you and those with you well inclined to have attempted it without them but now that the mask of hypocrisie by which the Independent Armie hath ensnared and enslaved all estates and degrees of men is laid aside now that barefaced they evidently appear to bee the subverters of true religion and to be the protectors and inviters not only of all false ones but of irreligion and Atheisme now that they have barbarously and inhumanely laid violent sacrilegious hands upon and murthered Gods annointed and our King not as heretofore some Patricides have done to make room for some usurper but in a way plainly manifesting their intentions to change the Monarchy of England into Anarchy unlesse their aime bee first to constitute an elective Kingdome and Crumwell or some such Iohn of Leiden being elected then by the same force by which they have thus far compassed their ends to establish a perfect Turklsh tyranny now that of the three estates of King Lords Commons whereof in all ages Parliaments have consisted there remains only a small number and they the dregs and scum of the House of Commons pickt and awed by the Armie a wicked remnant left for no other end then yet further if it be possible to delude the people with the name of a Parliament The King being murthered the Lords and the rest of the Commons being by unheard of violence at severall times forced from the Houses and some imprisoned And now that there remaines no other libertie in the subject but to professe blasphemous opinions to revile and tread underfoot Magistracie to murther Magistrates and oppresse and undoe all that are not like minded with them Now I say that I cannot doubt but that you and all with you under your command will take this opportunitie to act and declare against so monstrous and unparaleld a rebellion and that you and they will cheerfully acknowledge and faithfully serve and obey our gracious King Charles the second undoubted heir of his Father Crown and Vertues under whose right and conduct we may by Gods assistance restore Protestant Religion to puritie and therein settle it Parliaments to their freedome good laws to their force and our fellow-subjects to their just liberties wherein how glorious and blessed a thing it will bee to be so considerablie instrumentall as you may now make your self I leave to you now to consider And though I conceive there are not any motives relating to some particular interest to be mentioned after these so weightie considerations which are such as the world hath not been at any time furnished with yet I hold it my part to assure you that as there is nothing you can reasonably propose for the safety satisfaction or advantage of your self or of any that shall adhear to you in what I desire that I shall not to the uttermost of my power provide for so there is nothing I would nor shall more industriously avoid then those necessities arising from my duty to God and man that may by your rejecting this offer force me to be a sad instrument of shedding English blood which in such case must on both sides happen If thir overture finde place with you as I earnestly wish it may let me know with what possible speed you can and if you please by the bearer in what way you desire it should bee drawne on to a conclusion For in that as well as in the substance you shall find all ready complyance from me that desire to bee Your affectionate friend to serve you ORMOND Carrick March 9. 1648. For Colonel Michael Jones Governour of Dublin My Lord YOur Lordships of the ninth I received the twelfth instant and therein have I your Lordships invitation to a conjunction with your self I suppose as Lord lieutenant of Ireland and with others now united with the Irish and with the Irish themselves also As I understand not how your Lordship should be invested with that power pretended so am I very well assured That it is not in the power of any without the Parliament of England to give and assure pardon to those bloodie Rebels as by the Act to that end passed may appear more fully I am also well assured that the Parliament of England would never assent to such a Peace such as is that your Lordships with the Rebels wherin is little or no provision made either for the Protestants or the Protestant Religion Nor can I understand how the Protestant Religion should bee setled and restored to its puritie by an Armie of Papists or the Protestant interests maintained by those very enemies by whom they have been spoiled and there slaughtered And very evident it is that both the Protestants and Protestant Religion are in that your Lordships Treaty left as in the power of the Rebels to be by them born down and rooted out at pleasure As for that consideration by your Lordship offered of the present and late proceedings in England I see not how it may be a sufficient motive to mee or any other in like trust for the Parliament of England in the service of this Kingdome to joyn with those Rebels upon any the pretences in that your Lordships letter mentioned for therein were there a manifest betraying that trust reposed in me in disserting the service and work committed to me in joyning with those I should oppose and in opposing whom I am obliged to serve Neither conceive I it any part of my work and care to take notice of any whatsoever proceedings of State forreign to my charge and trust here especially they being found hereunto apparently destructive Most certain it is and former ages have approved it that the intermedling of Governors and parties in this Kingdom with sidings and parties in England have been the very betraying of this kingdom to the