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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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ARTICLES OF PEACE MADE AND CONCLUDED with the Irish Rebels and Papists by JAMES Earle of ORMOND For and in behalfe of the late King and by vertue of his Autoritie 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 Publisht by Autority LONDON Printed by Matthew Simmons in Aldergate-streete 1649. BY The Lord Lieutenant Generall and Generall Governour of the Kingdome of IRELAND ORMOND WHereas Articles of Peace are made concluded accorded and agreed upon by and between Us JAMES Lord Marquesse of ORMOND Lord Lieut. Generall and Generall Governor of his Majesties Kingdome of Ireland by vertue of the Authority wherewith We are intrusted for and on the behalfe of His Most Excellent Majesty of the one part and the Generall Assembly of the Roman Catholickes of the said Kingdome for and on the behalfe of his Majesties Roman Catholick Subjects of the same on the other part A true Copy of which Articles of Peace is hereunto annexed We the Lord Lieut. do by this Proclamation in His Majesties name publish the same and do in his Majest. name strictly charge and command al His Majesties Subjects and all others inhabiting or residing within his Majesties said Kingdome of Ireland to take notice thereof and to render due obedience to the same in all the parts thereof And as his Majesty hath been induced to this peace out of a deep sence of the miseries and calamities brought upon this His Kingdome and People and out of a hope conceived by His Majesty that it may prevent the further effusion of His Subjects blood redeem them out of all the miseries and calamities under which they now suffer restore them to all quietnesse and happinesse under His Majesties most Gracious Government deliver the Kingdome in generall from those slaughters depredations rapines and spoyles which alwayes accompany a war encourage the Subjects and others with comfort to betake themselves to trade traffique comerce manufacture and all other things which un-interrupted may increase the wealth and strength of the Kingdome beget in all his Majesties Subjects of this Kingdome a perfect unity amongst themselves after the too long continued division amongst them So His Majesty assures himselfe that all his Subjects of this his Kingdom duely considering the great and inestimable benefits which they may find in this Peace will with all duty render due obedience thereunto And We in his Majesties name doe hereby declare that all persons so rendering due obedience to the said Peace shall be protected cherished countenanced and supported by his Majesty and his Royall Authority according to the true intent and meaning of the said Articles of Peace Given at our Castle of Kilkenny 17 January 1648. GOD SAVE THE KING Articles of Peace made concluded accorded and agreed upon by and between his Excellency James Lord Marquesse of Ormond Lord Lieutenant General and Generall of his Majesties Kingdome of Ireland for and on the behalfe of His most Excellent Majesty by vertue of the authority wherewith the said Lord Lieutenant is intrusted on the one part And the Generall Assembly of the Roman Catholickes of the said Kingdome for and on the behalfe of His Majesties Roman Catholicke Subjects of the same on the other part HIs Majesties Roman Catholique Subjects as thereunto bound by allegiance duty and nature doe most humbly and freely acknowledge and recognize their Soveraigne Lord King Charles to be lawfull and undoubted King of this Kingdom of Ireland and other his Highnesse Realms and Dominions And his Majesties said Roman Catholicke Subjects apprehending with a deep sence the sad condition whereunto His Majesty is reduced As a further testimony of their Loyalty Doe declare that they and their posterity for ever to the utmost of their power even to the expence of their blood and fortunes will maintaine and uphold His Majesty His Heires and lawfull Successors their Rights Prerogatives Government and Authority and thereunto freely and heartily will render all due obedience Of which faithfull and loyall recognition and declaration so seasonably made by the said Roman Catholickes His Majesty is graciously pleased to accept and accordingly to owne them His loyall and dutifull Subjects And is further graciously pleased to extend unto them the following graces and securities 1. IN primis It is concluded accorded and agreed upon by and between the said Lord Lieutenant for and on the behalfe of His most Excellent Majesty And the said General Assembly for and on the behalf of the said Roman Catholick Subjects and His Majestie is graciously pleased that it shall be enacted by act to be passed in the next Parliament to be held in this Kingdome that all and every the professors of the Roman Catholicke Religion within the said Kingdom shall be free and exempt from all mulctes penalties restraints and inhibitions that are or may be imposed upon them by any law statute useage or custome whatsoever for or concerning the free exercise of the Roman Catholick Religion And that it shall be likewise enacted that the said Roman Catholicks or any of them shall not be questioned or molested in their persons goods or estates for any matter or cause whatsoever for concerning or by reason of the free exercise of their Religion by vertue of any power authority statute law or useage whatsoever And that it shall be further enacted that no Roman Catholique in this Kingdome shall be compelled to exercise any Religion forme of devotion or Divine service other then such as shall be agreeable to their Conscience and that they shall not be prejudiced or molested in their persons goods or estates for not observing using or hearing the Booke of Common-Prayer or any other forme of devotion or divine service by vertue of any coulor or Statute made in the second yeare of Queen Elizabeth or by vertue or coullor of any other law declaration of law Statute Custome or usage whatsoever made or declared or to be made or declared And that it shall be further enacted that the Professors of the Roman Catholicke Religion or any of them be not bound or oblieged to take the Oath commonly called the Oath of Supremacy expressed in the Statute of 2 Elizabeth c. 1 or in any other Statute or Statutes And that the said Oath shall not be tendered unto them and that the refusall of the said oath shall not redound to the prejudice of them or any of them they taking the oath of Allegiance in haec verba viz. I A. B. Doe hereby acknowledge professe testifie and declare in my conscience before God and the world that our Soveraigne Lord King Charles is lawfull and rightfull King of this Realme and of other His Majesties Dominions and Countries and I will beare Faith and true Allegiance to His Majesty and His Heires and Successors and Him and them will defend to the uttermost of my power against all Conspiracies
inditements attainders outlaries processes or any other proceedings thereupon or any letters patents grants leases custodiums bonds recognizances or any Record or acts office or offices inquisitions or any other thing depending upon or by reason of the said indictments attainders or outlawries shall in any sort prejudice the said Roman Catholikes or any of them but that they and every of them shall bee forthwith upon perfection of these Articles restored to their respective possessions and hereditaments respectively provided that no man shall be questioned by reason hereof for measne rates or wastes saving wilfull wastes committed after the first day of May last past 5. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that as soon as possible may be all impediments which may hinder the said Roman Catholikes to sit or vote in the next intended Parliament or to choose or to be chosen Knights and Burgesse to sit or vote there shall be removed and that before the said Parliament 6. Item it is concluded accorded and agreed upon and his Majestie is further graciously pleased that all debts shall remain as they were upon the 23. of October 1641. Notwithstanding any disposition made or to be made by vertue or colour of any attainder outlawrie fugacie or other forfeiture and that no disposition or grant made or to be made of any such debts by vertue of any attainder outlawrie fugacie or other forfeiture shall be of force and this to be passed as an act in the next Parliament 7. Item It is further concluded accorded and agreed upon and his Majesty is graciously pleased that for the securing of the Estates or reputed estates of the Lords Knights gentlemen and freeholders or reputed freeholders as well of Connaght and county of Clare or country of Thomond as of the counties of Limerick and Tipperary the same to be secured by Act of Parliament according to the intent of the 25. Article of the graces granted in the fourth year of his Majesties Reign the tenor whereof for so much as concerneth the same doth ensue in these words viz. Wee are graciously pleased that for the Inhabitants of Connaght and country of Thomond and county of Clare that their several estates shall be confirmed unto them and their heires against us and our heires and successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by Us or our Heires and Successors In which Act of Parliament so to be passed you are to take care that all tenures in capite and all rents and services as are now due or which ought to be answered unto us out of the said lands and premises by any letters pattents past thereof since the first year of King Henry the eight or found by any office taken from the said first year of King Henry the eight untill the 21. of July 1645. whereby our late dear father or any his Predecessors actually received any profit by wardship liveries primer-seisins measne rates ousterlemains or fines of alienations without licence be again reserved unto us our Heires and successors and all the rest of the premises to be holden of our Castle of Athlone by Knights service according to our said late Fathers letters notwithstanding any tenures in capite found for Us by office since the 21. of July 1615. and not appearing in any such letters patents or offices within which rule his Majesty is likewise graciously pleased that the said lands in the Counties of Limerick and Tipperarie be included but to be held by such rents and tenures only as they were in the fourth year of his Majesties Reign Provided alwaies that the said Lords Knights Gentlemen and Freeholders of the said Province of Connaght county of Clare and Countrey of Thomond and Counties of Tipperarie and Limerick shall have and enjoy the full benefit of such composition and agreement which shall be made with his most Excellent Majestie for the Court of Wards tenures respits and issues of homage any clause in this Article to the contrary notwithstanding and as for the lands within the counties of Kilkennie and Wickloe unto which his Majestie was intituled by offices taken or found in the time of the Earl of Straffords government in this Kingdom His Majestie is further graciously pleased that the State thereof shall be considered in the next intended Parliament where his Majestie will assent unto that which shall be just and honourable and that the like act of limitation of his Majesties Titles for the securitie of the estates of his Subjects of this Kingdome be passed in the said Parliament as was enacted in the 21. year of his late Majestie King James his Reign in England 8. Item it is further concluded accorded and agreed upon and His Majestie is further graciously pleased That all incapacities imposed upon the Natives of this Kingdome or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Innes of Court in or neer the city of Dublin or elsewhere as shall be thought fit by his Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being and in case the said Innes of Court shall be erected before the first day of the next Parliament then the same shall be in such place as his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerrie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jefferie Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily Gerrald Fennell Esquires or any seven or more of them shall thinke fit And that such students natives of this Kingdom as shall be therein may take and receive the usuall degrees accustomed in any Innes of court they taking the insuingoath viz. I A. B. Doe hereby acknowledge professe testifie and declare in my conscience before God and the world that our Soveraign Lord K. Charles is lawful and rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heires and Successors or to the Lord Deputy or other His Majesties cheife Governour or Governors for the time being all Treason or Traiterous conspiracies which I shall know or heare to be entended against His
and Attempts whatsoever which shall be made against His or Their Crowne and Dignitie and do my best endeavour to disclose and make knowne to His Majesty His Heires and Successors or to the Lord Deputy or other His Majesties cheife Governour or Governors for the time being all Treason or Traiterous conspiracies which I shall know or heare to be entended against His Majesty or any of them And I doe make this Recognition and acknowledgment heartily willingly and truly upon the true faith of a Christian so helpe me God c. Neverthelesse the said Lord Lieutenant doth not hereby intend that any thing in these concessions contained shall exten'd or be construed to extend to the granting of Churches Church-livings or the exercise of Jurisdiction the authority of the said Lord Lieutenant not extending so far yet the said Lord Lieutenant is authorized to give the said Roman Catholicks full assurance as hereby the said Lord Lieutenant doth give unto the said Roman Catholicks full assurance that they or any of them shall not be molested in the possession which they have at present of the Churches and Church-livings or of the Exercise of their respective Jurisdictions as they now exercise the same untill such time as His Majesty upon a ful consideration of the desires of the said Roman Catholicks in a free Parliament to be held in this Kingdome shall declare his further pleasure 2 Item it is concluded accorded and agreed upon by and between the said parties and His Majestie is further graciously pleased that a free Parliament shall be held in this Kingdome within six months after the date of these Articles of Peace or as soon after as Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jefferey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or the major part of them will desire the same so that by possibility it may be held and that in the mean time and untill the Articles of these presents agreed to be passed in Parliament be accordingly passed the same shall be inviolably observed as to the matters therein conteined as if they were enacted in Parliament And that in case a Parliament be not called and held in this Kingdom within two yeares next after the date of these Articles of peace Then His Majesties Lord Lieutenant or other His Majesties cheif Governour or Governours of this Kingdome for the time being will at the request of the said Thomas Lord Viscount Dillon of Costollogh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquires Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geffery Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or the major part of them call a Generall Assembly of the Lords and Commons of this Kingdom to attend upon the said Lord Lieutenant or other his Majesties cheife Governour or Governours of this Kingdom for the time being in some convenient place for the better setling of the affairs of the Kingdome And it is further concluded accorded and agreed by and between the said parties that all matters that by these Articles are agreed upon to be passed in Parliament shall be transmitted into England according to the usuall forme to be passed in the said Parliament and that the said Acts so agreed upon and so to be passed shall receive no dis-junction or alteration here or in England Provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of his Majesties Protestant party or their adherents or to his Majest. Roman Catholicke subjects or their adherents other then such things as upon this Treaty are concluded to be done or such things as may be proper for the Committee of priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and other then such matters as his Majesty will be graciously pleased to declare his further pleasure in to be passed in Parliament for the satisfaction of his Subjects and other then such things as shall be propounded to either or both houses by his Majesties Lord Lieut. of other cheif Goveror or Governors of this Kingdome for the time being during the said Parliament for the advancement of his Majesties service and the Peace of the Kingdom which clause is to admit no construction which may trench upon the Articles of peace or any of them and that both houses of Parliament may consider what they shall thinke convenient touching the repeale or suspension of the Statute commonly called Poynings Act entitled an Act That no Parliament be holden in that land untill the Acts be certified into England 3 Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that all Acts Ordinances and Orders made by both or either houses of Parliament to the blemish dishonour or prejudice of his Majesties Roman Catholicke Subjects of this Kingdome or any of them fithence the seventh of August 1641. shall be vacated and that the same and all Exemplifications and other Acts which continue the memory of them be made voide by Act to be past in the next Parliament to be held in this Kingdome and that in the meane time the said Acts or Ordinances or any of them shall bee no prejudice to the said Roman Catholickes or any of them 4 Item It is also concluded and agreed upon and his Majesty is likewise graciously pleased that all indictments attainders outlawries in this Kingdome and all the processes and other proceedings thereupon and all Letters Pattents Grants Leases Customes Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or outlawries fithence the seventh day of August 1641. in prejudice of the said Catholickes their Heires Executors Administrators or Assignes or any of them or the widdowes of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholikes their heires executors administrators or assignes or any of them or the widows of them or any of them and that to be done when the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Vise Muskerry Francis Lord Baron of Athunry Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwell Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reilie and Gerrald Fennell Esquires or the major part of them shall desire the same so that by possibilitie it may be done and in the mean time that no such