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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

such as the Parliament shall appoint upon these conditions First that they procure his Maj. directions for the doing therof c. which was the first and fundamentall condition of all that was propounded by us upon this Overture which was to be Precedent and without which nothing as unto the delivery up of the Government was to be expected from us Upon consideration of all which and of the Oath taken by us upon our first entrance into this great trust reposed in us the tenour whereof doth ensue in these words viz. You shall swear that you shall faithfully and truly to your power serve our Soveraign Lord the Kings Majestie in the roome and authority of Lord Lieutenant and chiefe Governour of this his Realm of Ireland you shall maintain and defend the Lawes of God and the Christian Faith You shall to your power not only keep his Maj. peace amongst his People but also maintain his Officers and Ministers in the execution and administration of Justice You shall defend his Maj. Castles Garrisons Dominions People Subjects of this Realm and represse his Rebels and Enemies You shall not consent to the damage and disher●zon of his Maj. his Heires nor Successors neither shall you suffer the right of the Crown to be destroyed by any way but shall let it to your power and if you cannot let the same You shal certifie his Maj. cleerly and expresly thereof You shall give your true and faithfull for the Kings Majesties profit and his Highnesse councel You shal conceal and keep All other things for the preservation of his Maj. Realm of Ireland the peace amongst his People and execu●ion of his Justice according to his Maj Lawes Usages and Customes of this his Highnesse Realm you shall performe and do to your power So God you helpe and by the Contents of this Book And for that our Commissioners have by their Letters certified us that they were commanded by the Committee of both houses to forbeare the delivering unto the Scottish Commissioners the duplicate of the Letters which we and the Councel had written to his Maj. and delivered to our Commissioners advertising his Maj. thereby of our addresse to the Parliament with direction to deliver them to the Scottish Commissioners to be sent to the King untill the pleasure of the two houses should bee made known which restraint doth as yet for any thing made known unto us lye still upon them And for that if we should deliver up the Sword in manner as is desired the present Parl. of this Kingdom which is the hope of the remaining Protestants here would be at an end for all which reasons we may not part with the trust committed to our charge in manner as by your papers is desired without his Majesties expresse and positive direction and therefore may not assent thereunto Ormord 19. Novemb. 1646. If your Lordship continue unsatisfied concerning the papers already delivered in or any of them as is implyed by the Exceptions taken thereunto and expressed in your last paper of the 18 of November we are ready to offer such conside●a●ions to your Lordship by way of Answer thereunto as we hope may give your Lordship satisfaction therein and this we desire may be done by conference if your Lordship shall thinke fit for that the shortnesse of time will not give opportunity to commit it to writing Rob. Meredith Tho. Wharton Rob. King Jo. Clotworthy Ri. Salwey 19. November 1646. Although the Conference desired by you in your paper of this days date was within half an hour of the expiration o● the time limitted for this treaty A●d although you have positively declared in your 3. paper of the 18. of Novemb. 1646. That you have no power to ●nlarge your selves ●r the tim● beyond what you have expressed yet to manif●st to ●he world h●w desirous we are to receive satisfaction in those necessary exceptions by us taken to your papers given in upon this Treaty which may being the same to a happy conclusion we are ready to entertain the Conference desired by your said first paper of this dayes date ORM●ND 19. Novemb. 1646. Whereas we received a large paper from your Lordship of the 18. of Novemb. wherin you declared you could not assent to deliver up th● sword render all the Garrisons and other Commands to the pleasure of the Pa●l as was desired by us in papers formerly given in ●o your Lordship together with your particular Exceptions to the same And whereas we did immediatly thereupon offer unto your Lorpship such further ●onditions of inlargement to the former as we were instructed unto for your more ample satisfaction in complying wi●h the desires of the Parliament in order to the preservation of the Protestants of the Kingdom of Ireland And whereas your Lordship signified to us that it then being late the paper given in by us of great importance you would return answer thereunto the next morning And whereas wee did this morning deliver to your Lordship a paper declaring That if your Lordship continued unsatisfied concerning the Papers by us given in or any of them as was expressed by the Exceptions taken thereunto we were ready to offer such consideraaions to your Lordship as we hoped might give satisfaction which we desired might be done by conference for that the shortnesse of time would not permit it in writing And having received another paper from your Lordship of the 19. of Novemb. containing your refusall to deliver up the Sword c. upon the Conditions offered in our first and later papers your Lordship did signifie by your second paper of the 19. That you were ready to hear what we coul● further offer by way of Conference as was desired which was by us performed accordingly We do therefore now desire to know if your Lordship do still insist upon your refusall on the grounds expressed in your papers And if so we make known to your Lordship that we shall for our own exoneration commit to writing the summe of what we delivered in Conference and give your Lordship a copy thereof to the end the uprightnesse of our proceedings in the transaction of this Treaty with your Lordship may in all things appear although that happy successe which we desired be not attained thereby Rob. Meredith Tho. Wharton Rob. King Jo. Clotworthy Ri. Salwey Novemb. 16. 1646. Forasmuch as what was delivered upon the Conference cannot be made use of by us as binding unto you unlesse it be reduced to writing and signed by you which when you shall have reduced the same to writing and given us a Copy thereof signed by you We shall then declare unto you whether or no we will rest satisfied therewith or shall upon the whole matter insist upon our refusall Ormond Dublin 20. Novemb. 1647. Whereas upon Thursday morning the 14 of Novemb. in our Conference with your Lordship wee did endeavour to offer such considerations as might give satisfaction to your Exceptions taken by our papers given

shal be thought meet to extend it to in such way as may give best satisfaction according to our Instruction Except 4. That great inconveniency may happen to all the Protestants of Ireland who are to be included in this Treaty if they should therby conclude themselves to submit to all the Ordinances of Parliament Answ 1. We have declared c. That their submitting to all Ordinances of Parliament is to be understood no otherwise then as all others doe who have alwayes adhered to and never offended the Parliament 2. We know of no Ordinance of Parliament that requires the Covenant to be taken in the Kingdome of Ireland 3. We are no wayes instructed to suppresse the Book of Common Prayer or impose the Directory though your Lordships represented in your own Instructions that the Directory might be used here 4. It may also be considered That your Lordship made Overture of submitting to the Direction of both Houses of Parliament and that exclusively to any one wha●soever as to the ordering and disposing of the Army c. If they should accept of your Overture which could not be understood otherwise to be done but by Ordinances of Parliament as to them from time to time should seeme meet Exception 5. Lastly That the Kings direction for the Delivery up of the Government is not obteined and that your Commissioners were commanded to forbeare the delivering unto the S●●●ch Commissioner the duplicate of the Letters which your Lordship and the Councell had written to His Majesty concerning the same Answ 1. Wee are very confident what the Committee of both houses did therein was by direction of the Parliament 2. Your Commissioners did declare that if supplyes were not instantly dispatched you would take it for granted none would bee sent and therefore must be necessitated to think of some other course for your Preservation as by the Lawes of God and Nature became you and therefore it could not be imagined the necessity being so great under which your Lordship then was according to the representation thereof made to the Parliament that you would refuse such Supplies from the Parliament in manner as they directed till your Letter should be from thence sent to Newcastle and an answer thereof returned to your Lordship which would not undoubtedly have taken up much more time then the extremity of your Condition here according to the foresaid representation could possibly admit of And information was given that an addresse to the King was also made by your Lordship anot●er way and we have not yet understo●d by your Lordship that he hath inhibited you to proceed and conclude with us But more especially we desire it may be considered by your Lordship that in your letter to the King mentioned in your exceptions your Lordships expressions are full to proceed with the Parliament up●n the overture made to them in the Propositions not onely without desiring answer but without expecting consent or direction from his Majesty before such time as you would conclude the same and your Lordship doth onely give an accompt of your Resolutions his Majesty unconsulted with as already fix't with exp●ctation onely of a benigne construction from his Majesty thereupon And that not onely from the consideration of necessity but as we conceive of your Lordships du●y also as the case the● stood no lesse then a Kingdome lying at the Stake to make your application in such manner to the Parliament 3. May it not also be consid●red what reason the Parliament had to conceive your Lordship intended not so to insist on the Kings direction as with u● it you would not conclude when they observed that by those Propositions from your Lordship a Copy whereof you have delivered us you offered if they should accept thereof to put your present Army and Forces called by your Lordship his Majesties Army Notwithstanding any interest you apprehended the King had therein under the sole direction of both Houses of Parliament And yet in those Propositions we finde no mention made of consent or direction to be first had from the King which was believed your Lordship then as at this time also might the better do for that by act of Parliament the mannaging of the Wa● of Ireland is established in both Houses of Parliament alone 4. It may be considered that however many eases of this nature in the late troubles in England have happened where Persons under great obligations to the King have frequently surrend●ed to the Parliament Garisons and Forces which they received by command from his Majesty as in particular that of Oxford where remained not onely the Duke of Yorke and his Majesties Councell but also the Sword the great and lesser Seales with other Ensignes of the Regall Power and al● these without first having any explicite direction from the King to deliver up the same 5. When we also consider how passionately it was represented to the Parliament by your Lordship of how great importance the City and Castle of Dublin together with the Garisons under your Command were in order to the recovery of the Kingdome of Ireland the preservation of the Protestant Religion together with all the Protestants therein as also how undoubtedly all must miscarry if Supplies did not timely come We cannot but wonder that in case of so high concernment and so great necessity the spilling of the blood of so many thousand Protestants being unavoidable according to the grounds and representations offered by your Lordship to the Parliament the danger whereof remaines the same for ought hath occurred to us granted also by the losse of many Garisons since and will be perfected by your rejecting the Supplies with so much expedition and Charge sent hither by the Parliament that yet the Kings consent should be so insisted on as that neither the preservation of the said Protestant Religion nor the blood of thousands of Protestants nor any of the fore-mentioned Considerations should pu●chase a Dispensation therein 6. And whereas your Lordships Oath is objected It appeares to us to be penn'd with speciall caution and relation to such a time of necessity as this and is rather as we conceive sullfilled by consent to then refusall of the conditions offered to your Lordship unto which also we believe that respect was had when those Resolutions were taken up expressed in the fore-mentioned Letter to the King Wee hold it our Duty to deale thus cleerly and freely with your Lordship that if it were possible we might give satisfaction thereby However our consciences doe acquit us that we have done our utmost therein and do● conceive that those that imployed us will be abundantly acquitted in the sight of God and Man as having done what could be expected from them and unto whom for any neglect in this affaire the guilt of Blood we are confident shall not be imputed in that day wherein inquisition shall be made for the same Rob. Meredith Tho. Wharton Rob. King Io. Clotworthy Rion Salwey November 1646.

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

of Parl. By all Ordinances of Parl. we only intend such Ordinances whether already made or to be made as all others do submit unto who never offended the Parliament And whereas liberty is given to compound for such estates as any of them shall have in England they submitting to all Ordinances of Parl. By all Ordinances of Parl. wee intend only such as all persons now compounding in England do submit unto provided that all those that are thus admitted ●o their composition do effectually prosecute the same within 6 moneths after the publication of this Articles And whereas in the fourth Article of the first paper delivered in to your Lordship offer is made of 5000. l. in money and 2000. l. per annum to bee paid your Lordship in manner as is expressed in the said Article we now hold it fit to declare that if it shall be more to your Lordships satisfaction and content we have power given us and shall accordingly grant what you desired in the 6. Article of your Lordships additionall instructions sent to the Par. according as is in the paper herewith delivered in expressed And we lustly hold it fit to make known unto your Lordship that power is also given to us to agree for allowances to be paid to other persons by constam pension during the Warre of Ireland not exceeding the summe of 2000. l. per annum which pensions are to continue till they can receive the like benefit by their own estates We do now particularly declare to your Lordship and sooner according to our instructions we could not that wee have no power to enlage our elves beyond what we have expressed And do therefore now again intreat our Lordships positive answer upon the whole which we must the rather desire may be expedited for that we are according to our instructions to bring our debates to a conclusion within 4 dayes at the furthest after the beginning of the treaty which will end to morrow at 9 of the clock in the morning and we have no authority to prolong the same Rob. Meredith Tho. Wharton Rob. King Iohn Clotworthy Ric. Salwey A Copy of the Paper mentioned in the former Sixthly in regard that my whole fortune is now in the possession or within the power of the Rebels so as I can make no manner of use of i● As also for that I have not only at my own charge in some sort maintained the honour and dignity of my place since the 21. of Ian. 1643 which was the day whereon I was sworn his Maj. Lieutenant but likewise contributed in a considerable portion to the maintenance of the Army Garrisons now under my Command And lastly for that by meanes thereof I am utterly unable to discharge the debts I have contracted for my own support whilst I imployed my own to feed the Army or to pay the wages due to the Servant which I was necessitated to entertain in respect of the place I held For these reasons I desire it may be humbly offered to the noblenesse honour of the Parl. That to free me from the clamor of Creditors to pay my servants their wages and to transport and maintain my self and my family in some sort befitting the condition of a Gentleman The Parl. will be pleased to disburse the sum of 13000. l. 877. l. 14. s. 9. d. be paid to such as I shall appoint upon Bills of Exchange accepted by sufficient men in France or Holland to wit the one half upon sight and at 6 moneths the oeher halfe thereof which is lesse then the just sum I have disbursed for the maintenance of the Garrisons of Dublin Dundalke Newry Narrow-water Green-Castle and Carlingford not accompting my own expence nor the many other smaller disbursments spent meerly for the good of the said Garrisons And that I may be secured against any molestation by reason of the engagements I have at any time entred info for the publique service since the beginning of this Rebellion 19. Novemb. 1646. Vpon consideration had of your 3. paper of the 18. of Novem. as also of your former papers and the copies of such instructions as you delivered unto us we find no satisfaction given by you in these following particulars First we do not find that you have power to secure any of his Maj. Roman Catholike Subjects in their persons and estates who haue constantly adhered to the Government here since the 22. of October 1641 of whom wee conceive care out to be had in the present treaty Secondly you have declared unto us that you have no instruction concerning the continuation or displacing of the Judges and Ministers of the Civill List in their imployment and your instruction as unto the Martiall List whereof you gave us a Copy is as followeth viz. You or any three of you are to imploy such of the Officers now under the L●of Ormond as you shall think fit and where you displace any you are to place other Officers if they be necessarie or otherwise to see their Commands sufficiently di●charged untill the Lord Lieutenant of Ireland taketh further order which may give more occasion of fear unto the Officers of being displaced then hope of continuance in their respective imployments and there is not as much as mention made of the poore distressed Clergie of the Kingdome in any the papers or instructions delivered to you by us Thirdly the Protesta●ts of the Kingdom who are to be included in the present treatie are as you declare in the last paper delivered by you to us to submit themselves to all Ordinances of Parl. whether already made or to be made Amongst which as we are intormed are some which require the Covenant to be generally taken and others which lay Mu●cts upon those who shall use the Book of Common-prayer which forme of Service and no other is by a Law of force in this Kingdome commanded upon a penaltie to be used And in our instructions sent by our Commissioners we desire that neither the one nor the other might be pressed untill settlement by Parliament And for us to agree upon this treatie to all future ordinances which shal be made by the Parliament before it be known what those ordinances are we conceive may be of dangerous consequence to the whole Kingdom and not agreeable with the rules of prudence in us Fourthly whereas by a speciall instruction signed by us apart we did direct our said Commissioners as followeth viz. If you find the Parl. ready willing forthwith effectually to take into their care and protection his Maj. Protestant Subjects within the quarters under my command and those that have adhered to them from the 22. of October 1641. according to the purport of the instructions signed by me and the Councell and that my continuance in the Government shal be the only let thereunto you are then in such case to let them know that I will surrender my place of Lieutenant and deliver all the Holds in my power to

preserve and keep for His Majesty before we do receive His direction therein We doubt not but we shall be acquit herein before God and men if we insist upon the refusall of that which we cannot do without the violation of our Oath to God and the King To sum me up in briefe those particulars wherein we are not satisfyed by any of your Papers nor by any thing which was delivered in the Conference First you have shewed us no direction from his Majesty to deliver the Sword c. which you say you have not procured Secondly you have not offered assurance to the Papists of this Kingdome who have adhered to his Majesties government since the 22. of October 1641. for their estates which is confessed by you Thirdly you have not undertaken that the Covenant shall not be pressed nor that the Book of Common-prayer shall not be suppressed Fourthly you have given no assurance either for the continuance of the Judger and Officers of the Civill List or the Officers of the Martiall in their respective imployments or the Cleargy in their respective Rights and incumbencies Fiftly you have given us no satisfaction in that great and main Objection touching the present Parliament which would be dissolved if that we should deliver the Sword in manner as is desired The Papers do cleere none of these particulars and nothing was delivered positively in the Conference which doth any wayes enlarge the former Papers We know that in matters of so high and great concernment you will go to the utmost Limits of your instructions and that in these things which seem doubtfull to us you will if any expedient can be found for the continuing the Treaty represent them to those who employed you in the best manner you can for Our satisfaction according to the promise made by you in your last Paper for which we doe returne you thankes in the behalfe of all His Majesties Protestant Subjects and those who have faithfully adhered to them And for that full satisfaction cannot be given to us without your further Application to the Parliament for enlarging your powers We being resolved to leave no meanes unattempted that may conduce to the preservation of his Majesties Protestant Subjects in this Kingdome and the Rights of the Crowne of England and to the end the Forces brought hither by you may be employed to those good ends whilest His Majesties pleasure by us and that of the Parliament by you is sought do offer these following Propositions First that the Officers and Souldiers sent hither by the Parliament of England be put into one or more convenient Garrisons and be commanded by their Respective Officers who are to receive Orders from Us and the Governours of the places where they shall be Garison'd and to be subject to the Lawes Martiall now in force in this Kingdome Secondly We desire towards the keeping of the Army now under our Command for six weekes three thousand pounds wherof two parts in money and a third part in victualls Thirdly That there be an ingagement from you to us on the behalfe of the Parliament that the Officers and Souldiers which are to be Garrisoned as in the first Proposition is mentioned shall do no Act prejudiciall to the present Government here And that in case we shall not at or before the expiration of the said six weeks agree that they shall remove from those places out of our quarters at such time as we shall direct Fourthly We shall engage Our selfe unto you that the said Officers and Souldiers shall quietly and peaceably be permitted by Us to remove with their Armes Provisions and other things belonging unto them to Shipboard or to such other places out of Our quarters as you Sir Robert Meredith Sir Thomas Wharton Sir Robert King and Sir John Clotworthy Knights and Richard Salwey Esquire or any three of you shall direct And to these Our Propositions We desire your speedy Answer ORMONDE Dublin 22. Novemb. 1646. HAving received your Lordships papers of the 21. of November and in them your returne to what was first delivered in-conference and afterwards for your Lordships satisfaction put in writing and signed by us And whereas in those papers your Lordship desires a coppy of the Instruction whereby power is given us to agree for Pensions to the value of two thousand pounds per annum We have the light fit that nothing may be wanting on our parts herewith to deliver you a Coppy of the said Instruction And however upon perusall of your Lordships paper of the 21. of November we find little cause to beleeve satisfaction will be received by your Lordship as hath been andeavoured to be given by Us. Yet foras●●●●eh at your third paper of the 19. of November d●●d express that when you should receive in writing signed by us what war delivered in Conference to your Lordship you would then declare unto us whether or no you would rest satlsfied therewith or upon the whole matter insist upon your refusall we desire your Lordship speedily to give us your positive answer accordingly And withall we hold it fit to declare that as we conceive the grounds of satisfaction offered by us doe remaine unanswered by you Lordship and particularly touching the Kings consent and direction which you call maine and fundamentall we having made it appeare that your Lordships Overture to the Parliament was to put all your Forces and Garrisons under their sole Command the King unconsulted with at all therein so we no wayes thinke fit though our Instructions should therein anthorize us to accept of the Propositions mentioned in the latter end of your papers as an expedient to continue any longer It yet your Lordship continue to refuse what we have offered we can onely give account thereof to those that imployed us and must leave it to the world to judge whether those Exceptions taken and insisted on by your Lordship be consonant to those grounds and principles held forth in your Overture made to the Parliament by which they were induced to send Succours hither or whether all the particulars so farre insisted on by your Lordship that it app●●ar●s not to us you will recede from any one thereof be of equall concernment to that hazard yea according to your Lordships owne representation that Certainty of losse not of a Kingdome only but of Thousands of Protestants and together with them the Protestant Relig●on also All which by the great care and pious endeavours of the Parliament of England might have been through the blessing of God prevented if what we have oftered and doe yet offer in their names he not by your Lordship refused Rob. Meredith Tho. Wharton Rob. King Io. Clotworthy R. Salwey A Copie of the Instruction mentioned in the former Paper YOu or any Three of you have also hereby power given you to agree for such allowances to be paid to others by constans Pension during the Warre of Ireland for the better and more fir me carrying on of this Worke as shall not exceed in the whole the su●●me of Two Thousand Pounds per-annum to all other persons beside the Two Thousand pounds per annum to the Lord of Ormonde And those pensions to continue till they can receive the like benefit by their owne Estates Signed as the rest of the Instructions Vera Copia Ex. W. Rowe 22. Novemb. 1646. WHereas by your paper of the 22. of Nov. 1646. You affirme that you made it appeare that our Overture to the Parliament was to put our Forces Garrisons under their sole Command the King not consulted withal therin we doe positively affirme that you neither have nor can make it appear that we made Overture to the Parliament to put all our Forces and Garrisons under their sole Command the King unconsulted for whatsoever hath been offered by us unto the Parliament by our Prop sitions and Instructions We are constant thereunto and still ready to performe ORMONDE 22. Novemb. 1646. HAving received your Lordships paper of the 22. of November which we conceive needs no reply we desire to know whether your Lordships will returne any further answer to our first paper of this dayes date Rob. Meredith Tho. Wharton Rob. King Io. Clotworthy Rich. Salwey 22. November 1646. VVEE may not returne other Answer then Wee have done in Our former papers untill Wee have Consulted His Majesty and received His Direction therein ORMONDE 22. Novemb. 1646. VVE having heard nothing from you since We sent Our last paper We desire to know whether We shall understand this Treaty to be at an end for the present that if neither Our Propositions sent by Us to the Parliament of England nor the Propositions Wee sent unto you for the stay of your men be assented unto in manner as is Propounded We may consider what further course to take for the preservation of His Majesties Subjects and the Rights of the Crowne ORMONDE 22. Novemb. 1646. IN Answer to your Lordships paper of the 23. of November Wee returne That Wee continue assured there is no other way according to the representation made by your Lordship to the Parliament of preserving the Protestants of the Kingdome of Ireland nor of the Rights thereof relating to the Kingdome of England but by accepting the the Overtures made by us to your Lordship according to Our Papers delivered in Your Lordship insisting upon a positive refusall thereof we understand the Treaty to be at an end And as for the offers lately made by your Lordship to us we refer our selves to our Answer already given thereunto and can in no wise accept of the same Rob. Meredith Tho. Wharton Rob. King Jo. Clotworthy Rich. Salwey FINIS