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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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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
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