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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
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 shall be thought fit to be altered and then and in such case or in case of death fraud or misbehavior or other alteration of any such person or persons then such other person or persons to be imployed therein as shall be thought fit by the cheife Governour or Governours for the time being by and with the advice and consent of the said Tho. Lord Visc. Dillon of Costollogh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esq. Sir Lucas Dillon Kt. Sir Nicholas Plunket Kt. Sir Richard Barnewal Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them And when it shall appeare that any person or persons who shall be found faithfull to his Majesty hath right to any of the offices or places about the said customes wherunto he or they may not be admitted untill settlement in Parliament as aforesaid that a reasonable compensation shall be afforded to such person or persons for the same 31. Item as for and concerning his Majesties rents payable at Easter next and from thenceforth to grow due untill a settlement in Parliament It is concluded accorded and agreed upon by and between the said parties and his Majestie is graciously pleased that the said rents be not written for or levied untill a full settlement in Parliament and in due time upon application to be made to the said Lord Lieutenant or other chief Governor or Governors of this Kingdome by the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunry Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Planket Knight Sir Richard Barnwal Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires or any seven or more of them for remittall of those rents the said Lord Lieutenant or any other chief Governor or Governors of this Kingdome for the time being shall intimate their desires and the reason thereof to his Majestie who upon consideration of the present condition of this Kingdome will declare his gracious pleasure therein as shall be just and honorable and satisfactorie to the reasonable desires of his Subjects 32. Item it is concluded accorded and agreed by and between the said parties and his Majestie is graciously pleased that the Commissioners of Oyer and Terminer and Goal deliverie to be named as aforesaid shall have power to hear and determine all Murthers Man-slaughters Rapes Stealths burning of houses and corn in Rick or Stack Robberies burglaries forcible entries detainers of possessions and other offences committed or done and to be committed and done since the first day of May last past untill the first day of the next Parliament these present Articles or any thing therein contained to the contrary notwithstanding Provided that the Authority of the said Commissioners shall not extend to question any person or persons for doing or committing any act whatsoever before the conclusion of this Treaty by vertue or colour of any warrant or direction from those in publike authoritie among the confederate Roman Catholikes nor unto any act which shall be done after the perfecting and concluding of these Articles by vertue or pretence of any authority which is now by these Articles agreed on Provided also that the said Commission shall not continue longer then the first day of the next Parliament 33 Item it is concluded accorded by and between the said parties and his Majestie is further graciously pleased that for the determining such differences which may arise between his Majesties Subjects within this Kingdome and the prevention of inconvenience and disquiet which through want of due remedie in severall causes may happen there shall be judicatures established in this Kingdome and that the persons to be authorized in them shall have power to do all such things as shall be proper and necessary for them to doe and the said Lord lieutenant by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costollogh Lord President of Connaght Donnogh Lord Viscount Muskerry Francis Lord Baron of Athunry Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reilie and Gerrald Fennell Esquires or any seven or more of them shall name the said persons so to be authorized and doe all other things incident unto and necessarie for the setling of the said intended Judicatures 34. Item at the instance humble suit and earnest desire of the General Assembly of the confederate Roman Catholikes It is concluded accorded and agreed upon that the Roman Catholike regular Clergie of this Kingdom behaving themselves conformable to these Articles of Peace shall not be molested in the possessions which at present they have of and in the bodies scites and precincts of such Abbies and Monasteries belonging to any Roman Carholike within the said Kingdom until settlement by Parliament and that the said Clergie shall not be molested in the enjoying of such pensions as hitherto since the Watres they enjoyed for their respective livelihoods from the said Roman Catholikes and the scites and precincts hereby intended are declared to be the bodie of the Abbie one garden and Orchard to each Abbie if any there be and what else is contained within the walls meares or ancient fences or ditch that doth supply the wall thereof and no more 35. Item it is concluded accorded and agreed by and between the said parties that as to all other demands of the said Roman Catholikes for or concerning all or any the matters proposed by them not granted or assented unto in and by the foresaid Articles the said Roman Catholikes be referred to his Majesties gracious favour and further concessions In witnesse whereof the said Lord Lieutenant for and on the behalfe of his most Excellent Majestie to the one part of these Articles remaining with the said Roman Catholiques hath put his hand and Seal And Sir Richard Blake Knight in the Chaire of the Generall Assembly of the said Roman Catholikes by order command and unanimous consent of the said Catholikes in full Assembly to the other part thereof remaining with the said Lord Lieutenant hath put his hand and the publque Seal hitherto used by the said Roman Catholiques the 17. of January 2648. And in the 24. year of the Reign of our Soveraign Lord CHARLES by the Grace of God King of Great Brittain France and Ireland c. SIR I Have not thus long forborn to invite you with these under your command to a submission to his Majesties authoritie in me and a conjunction with me in the waies of his service out of any the least aversion I had
the Heires Children Kindred Executors Administrators Wives Widowes Dowagers or Assignes of such of the said Subjects and their adherents who dyed on before or since the 23 of October 1641. that the said Act doe relate to the first day of the next Parliament that the said Act doe extend to all bodies Politicke and Corporate and their respective successors and unto all Cities Burroughs Counties Baronies Hundreds Townes Villages Thitlings and every of them within this Kingdom for and concerning all and every of the said offences or any other offence or offences in them or any of them committed or done by his Majesties said Subjects or their adherents or any of them before in or since the 23 of October 1641. Provided this Act shall not extend to be construed to pardon any offence or offences for which any person or persons have been convicted or attainted of Record at any time before the 23 day of October in the year of our Lord 1641. That this Act shall extend to Piracies and all other offences committed upon the Sea by His Majesties said Subjects or their adherents or any of them That in this Act of oblivion words of release acquittall and discharge be incerted that no person or persons bodies Politicke or Corporate Counties Cities Burroughs Baronnies Hundreds Townes Villages Thitlings or any of them within this Kingdom included within the said Act be troubled impeached sued inquieted or molested for or by reason of any offence matter or thing whatsoever comprised within the said Act and the said Act shall extend to all rents goods and chattles taken detained or growne due to the Subjects of the one party from the other since the 23 of October 1641 to the date of these Articles of Peace and also to all customes rents arrears of rents prizes recognizances bonds fines forfeitures penalties and to all other profits perquisits and dues which were due or did or should accrew to His Majesty on before or since the 23 of October 1641 untill the perfection of these Articles and likewise to all measne rates fines of what nature soever recognizances Judgements Executions thereupon and penalties whatsoever and to all other profit due to his Majesty since the said 23 of October and before untill the perfection of these Articles for by reason or which lay within the Survey or recognizance of the Court of Wards and also to all respits issues of homage and fines for the same provided this shall not extend to discharge or remit any of the Kings debts or subsidies due before the said 23 of October 1641 which were then or before levyed or taken by the Sheriffes Commissioners Receivers or Collectors and not then or before accounted for or since disposed to the publick use of the said Roman Catholick subjects but that such persons may be brought to account for the same after full settlement in Parliament and not before unlesse by and with the advice and consent of 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 Jefferey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seaven or more of them as the said Lord Lieut. otherwise shall thinke fit Provided that such barrowys and inhumian crimes as shal be particularized and agreed upon by the said Lord Lieutenaut and the said Thomas Lord Viscount Dillon of Costollogh Lord President of Connagh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffry Browne Donnogh O Callaghan Tirlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them as to the actors and procurers thereof bee left to bee tryed and adjudged by such indifferent Commissioners as shall be agreed upon 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 Esq. Sir Lucas Dillon Kt. Sir Nicholas Plunket Kt. Sir Richard Barnewal Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them And that the power of the said Commissioners shall continue onely for two yeares next ensuing the date of their commission which commission is to issue within six months after the date of these Articles Provided also that the commissioners to bee agreed on for tryall of the said particular crimes to be excepted shall hear order and determine all cases of trust where reliefe may or ought in equity to be afforded against all manner of persons according to the equity and circumstances of every such cases and His Majesties cheife Governor or Governours and other Magistrats for the time being in all His Majesties Courts of Justice and other his Majesties Officers of what condition or quality soever be bound and required to take notice of and pursue the said Act of oblivion without pleading or suite to bee made for the same and that no Clerke or other Officers doe make out or write out any manner of writs processes summons or other precept for concerning or by reason of any matter cause or thing whatsoever released forgiven discharged or to be forgiven by the said Act under pain of 20li sterling And that no Sheriffe or other Officer do execute any such writ processe summons or precept and that no Record writing or memory do remain of any offence or offences released or forgiven or mentioned to be forgiven by this Act and that all other clauses usually inserted in Acts of generall pardon or oblivion enlarging His Majesties grace and mercy nor herein particularised bee incerted and comprised in the said Act when the Bill shall be drawn up with the exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend to any treason felony or other offence or offences which shall be committed or don from or after the date of these Articles untill the first day of the before mentioned next Parliament to be held in this Kingdome Provided also that any Act or Acts which shall be done by vertue pretence or in pursuance of these Articles of peace agreed upon or any Act or Acts which shall be don by vertue coulor or pretence of the power or authority used or exercised by and amongst the Confederate Roman Catholicks after the date of the said Articles and before the said publication shall not be accounted taken construed or to be Treason Felony or other offence to be excepted out of the said Act of oblivion Provided likewise that the said Act of oblivion shall not extend unto any person or persons that will not obey and submit unto the peace concluded and agreed on by these Articles Provided further that the