His majesty's Roman Catholic subjects, as thereunto bound by allegiance, duty, and nature, do most humbly and freely acknowledge and recognise their sovereign lord king Charles, to be lawful and undoubted king of this kingdom of Ireland, and other his highness' realms and dominions: and his majesty's said Roman Catholic subjects, apprehending with a deep sense the sad condition whereunto his majesty is reduced, as a further testimony of their loyalty do declare, that they and their posterity for ever, to the utmost of their power,
Of which faithful and loyal recognition and declaration, so seasonably made by the said Roman Catholics, his majesty is graciously pleased to accept, and accordingly to own them his loyal and dutiful subjects: and is further graciously pleased to extend unto them the following graces and securities.
I. Imprimis, it is concluded, accorded, and agreed upon, by and between the said lord lieutenant, for, and on the behalf of his most excellent majesty, and the said general assembly, for and on the behalf of the said Roman Catholic subjects; and his majesty is graciously pleased, That it shall be enacted by act to be passed in the next parliament to be held in this kingdom, that all and every the professors of the Roman Catholic religion, within the said kingdom, shall be free and exempt from all mulcts, penalties, restraints, and inhibitions, that are or may be imposed upon them by any law, statute, usage, or custom whatsoever, for, or concerning the free exercise of the Roman Catholic religion: and that it shall be likewise enacted, That the said Roman Catholics, 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 virtue of any power, authority, statute, law, or usage whatsoever: and that it shall be further enacted, That no Roman Catholic in this kingdom shall be compelled to exercise any religion, form of devotion, or divine service, other than 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 book of common prayer, or any other form of devotion or divine service, by virtue of any colour or statute made in the second year of queen Elizabeth, or by virtue or colour of any other law, declaration of law, statute, custom, 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 Catholic religion, or any of them, be not bound or obliged 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 refusal of the said oath shall not redound to the prejudice of them, an any of them they taking the oath of allegiance in haec verba, viz. ‘I A. B. do hereby acknowledge, profess, testify, and declare in my conscience, before God and the world, that our sovereign lord king Charles is lawful and rightful king of this realm, and of other his majesty's 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 heirs and successors, or to the lord deputy, or other his majesty's chief governor or governors for the time being, all treason or traitorous conspiracies, which I shall know or hear to be intended against his majesty, or any of them: and I do make this recognition and acknowledgment, heartily, willingly, and truly, upon the true faith of a Christian; so help me God,’ &c. Nevertheless, the said lord lieutenant doth not hereby intend, that any thing in these concessions contained shall extend, 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 Catholics full assurance, as hereby the said lord lieutenant doth give unto the said Roman Catholics full assurance, that they or any of them shall not be molested in the possession which they have at present of the churches or churchlivings, or of the exercise of their respective jurisdictions, as they now exercise the same, until such time as his majesty, upon a full consideration of the desires of the said Roman Catholics in a free parliament to be held in this kingdom, shall declare his further pleasure.
II. Item, It is concluded, accorded, and agreed upon, by and betweer the said parties, and his majesty is further graciously pleased, that a free parliament shall be held in this kingdom 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 Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Brown, Donnogh O Callaghan, Tyrlah 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 until 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 contained, as if they were enacted in parliament; and that in case a parliament be not called and held in this kingdom within two years next after the date of these articles of peace, then his majesty's lord lieutenant, or other his majesty's chief governor or governers of this kingdom for the time being, will, at the request of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Brown, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell esquires, or the major part of them, call a general assembly of the lords and commons of this kingdom, to attend upon the said lord lieutenant, or other his majesty's chief governor or governors of this kingdom for the time being, in such convenient place, for the better settling of the affairs of the kingdom. And it is further concluded, accorded, and agreed upon, by and between the said parties, that
III. 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 majesty's Roman Catholic subjects of this kingdom, or any of them, since the 7th August 1641, shall be vacated; and that the same, and all exemplifications and other acts which continue the memory of them, be made void by act to be passed in the next parliament to be held in this kingdom: and that in the mean time the said acts or ordinances, or any of them, shall be no prejudice to the said Roman Catholics, or any of them.
IV. Item, It is also concluded, and agreed upon, and his majesty is likewise graciously pleased, that all indictments, attainders, outlawries in this kingdom, and all the processes and other proceedings thereupon, and all letters patents, grants, leases, customs, 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, since the 7th day of August, 1641, in prejudice of the said Catholics, their heirs, executors, administrators, or assigns, or any of them, or the widows 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 Catholics, their heirs, executors, administrators, or assigns, 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 viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Brown, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or the major part of them, shall desire the same, so that by possibility it may be done: and in the mean time, that no such indictments, attainders, outlawries, 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 Catholics, or any of them, but that they and every of them shall be 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 mesne rates or wastes, saving wilful wastes committed after the first day of May last past.
V. 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 Catholics to sit or vote in the next intended parliament, or to choose, or to be chosen, knights and burgesses, to sit or vote there, shall be removed, and that before the said parliament.
VI. Item, It is concluded, accorded, and agreed upon, and his majesty is further graciously pleased, that all debts shall remain as they were upon the twenty-third of October, 1641. Notwithstanding any disposition made or to be made, by virtue or colour of any attainder, outlawry, fugacy, or other forfeiture; and that no disposition or grant made, or to be made of any such debts, by virtue of any attainder, outlawry, fugacy, or other forfeiture, shall be of force; and this to be passed as an act in the next parliament.
VII. 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 twenty-fifth article of the graces granted in the fourth year of his majesty's reign, the tenor whereof, for so much as concerneth the same, doth ensue in these words, viz. We 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 heirs against us, and our heirs 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 heirs 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 patent passed thereof
VIII. Item, It is further concluded, accorded, and agreed upon, and his majesty is further graciously pleased, that all incapacities imposed upon the natives of this kingdom 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 inns of court in or near the city of Dublin or elsewhere, as shall be thought fit by his majesty's lord lieutenant, or other chief governor or governors of this kingdom for the time being; and in case the said inns of court shall be erected before the first day of the next parliament, then the same shall be in such places as his majesty's lord lieutenants 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 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, Tyrlah O Neile, Miles Reily, Gerrald Fennell, esquires, or any seven or more of them, shall think fit; and that such students, natives of this kingdom, as shall be therein, may take and receive the usual degrees accustomed in any inns of court, they taking the ensuing oath, viz. ‘I, A. B., do hereby acknowledge, profess, testify, and declare in my conscience before God and the world, that our sovereign lord king Charles is lawful and rightful king of this realm, and of other his majesty's 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 utmost 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 heirs and successors, or to the lord deputy, or other his majesty's chief governor or governors for the time being, all treason or traitorous conspiracies, which I shall know or hear to be intended against his majesty or any of them. And I do here make this recognition and acknowledgement heartily, willingly, and truly, upon the true faith of a Christian; so help me God,’ &c. And his majesty is further graciously pleased, that his majesty's Roman Catholic subjects may erect and keep free schools for education of youths in this kingdom, any law or statute to the contrary notwithstanding; and that all the matters assented unto in this article be passed as acts of parliament in the said next parliament.
IX. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is graciously pleased, that places of command, honour, profit, and trust, in his majesty's armies in this kingdom, shall be, upon perfection of these articles, actually and by particular instances conferred upon his Roman Catholic subjects of this kingdom; and that upon the distribution, conferring, and disposing of the places of command, honour, profit, and trust, in his majesty's armies in this kingdom, for the future no difference shall be made between the said Roman Catholics, and other his majesty's subjects; but that such distribution shall be made with equal indifferency according to their respective merits and abilities; and that all his majesty's subjects of this kingdom, as well Roman Catholics as others, may, for his majesty's service and their own security, arm themselves the best they may, wherein they shall have all fitting encouragement. And it is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that places of command, honour, profit, and trust, in the civil government in this kingdom, shall be, upon passing of the bills in these articles mentioned in the next parliament, actually and by particular instances conferred upon his majesty's Roman Catholic subjects of this kingdom; and that in the distribution, conferring, and disposal of the places of command, honour, profit and trust, in the civil government, for the future no difference shall be made between the said Roman Catholics, and other his majesty's subjects, but that such distribution shall be made with equal indifferency, according to their respective merits and abilities; and that in the distribution of ministerial offices or places, which now
X. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that his majesty will accept of the yearly rent, or annual sum of twelve thousand pounds sterling, to be applotted with indifferency and equality, and consented to be paid to his majesty, his heirs and successors, in parliament, for and in lieu of the court of wards in this kingdom, tenures in capite, common knight's service, and all other tenures within the cognizance of that court, and for and in lieu of all wardships, primer-seisins, fines, ousterlemains, liveries, intrusions, alienations, mesne rates, releases, and all other profits, within the cognizance of the said court, or incident to the said tenures, or any of them, or fines to accrue to his majesty by reason of the said tenures or any of them, and for and in lieu of respites and issues of homage and fines for the same. And the said yearly rent being so applotted and consented unto in parliament as aforesaid, then a bill is to be agreed on in the said parliament, to be passed as an act for the securing of the said yearly rent, or annual sum of twelve thousand pounds, to be applotted as aforesaid, and for the extinction and taking away of the said court, and other matters aforesaid in this article contained. And it is further agreed, that reasonable compositions shall be accepted for wardships since the twenty-third of October 1641, and already granted; and that no wardships fallen and not granted, or that shall fall, shall be passed until the success of this article shall appear; and if his majesty be secured as aforesaid, then all wardships fallen since the said twenty-third of October, are to be included in the argument aforesaid, upon composition to be made with such as have grants as aforesaid; which composition, to be made with the grantees since the time aforesaid, is to be left to indifferent persons, and the umpirage to the said lord lieutenant.
XI. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that no nobleman or peer of this realm, in parliament, shall be hereafter capable of more proxies than two, and that blank proxies shall be hereafter totally disallowed; and that if such noblemen or peers of this realm, as have no estates in this kingdom, do not within five years, to begin from the conclusion of these articles, purchase in this kingdom as followeth, viz. a lord baron 200l. per annum, a lord viscount 400l. per annum, and an earl 600l. per annum, a marquis 800l. per annum, a duke 1000l. per annum, shall lose their votes in parliament, until such time as they shall afterwards acquire such estates respectively; and that none be admitted in the house of commons, but such as shall be estated and resident within this kingdom.
XII. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that as for and concerning the independency of the parliament of Ireland on the parliament of England, his majesty will leave both houses of parliament in this kingdom to make such declaration therein as shall be agreeable to the laws of the kingdom of Ireland.
XIII. Item, It is further concluded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that the council-table shall contain itself within its proper bounds, in handling matters of state and weight fit for that place; amongst which the patents of plantation, and the offices whereupon those grants are founded, to be handled, as matters of state, and to be heard and determined by his majesty's lord lieutenant, or other chief governor or governors for the time being, and the council publicly at the council-board, and not otherwise; but titles between party and party, grown after these patents granted, are to be left to the ordinary course of law; and that the council-table do not hereafter intermeddle with common business, that is within the cognizance of the ordinary courts, nor with the altering of possessions of lands, nor make, nor use, private orders, hearings, or references concerning any such matter, nor grant any injunction or order for stay of any suits in any civil cause; and that parties grieved for or by reason of any proceedings formerly had there may commence their suits, and prosecute the same, in any of his majesty's courts of justice or equity for remedy of their
XV. Item, It is concluded, accorded, and agreed, by and between the said parties, and his majesty is graciously pleased, that all and every person and persons within this kingdom, pretending to have suffered by offices found of several countries, territories, lands, and hereditaments in the province of Ulster, and other provinces of this kingdom, in or since the first year of king James his reign, or by attainders or forfeitures, or by pretence and colour thereof, since the said first year of king James, or by other acts depending on the said offices, attainders, and forfeitures, may petition his majesty in parliament for relief and redress; and if after examination it shall appear to his majesty, the said persons, or any of them, have been injured, then his majesty will prescribe a course to repair the person or persons so suffering, according to justice and honour.
XVI. Item, It is further concluded, accorded and agreed upon, by and between the said parties' and his majesty is graciously pleased, that as to the particular cases of Maurice lord viscount de Rupe and Fermoy, Arthur lord viscount Iveagh, sir Edward Fitz-Gerrald of Cloanglish baronet, Charles Mac-Carty Reag, Roger Moore, Anthony Mare, William Fitz-Gerrald, Anthony Lince, John Lacy, Collo Mac-Brien Mac-Mahone, Daniel Castigni, Edmond Fitz-Gerrald of Ballimartir, Lucas Keating, Theobald Roch Fitz-Miles, Thomas Fitz-Gerrald of the Valley, John Bourke of Logmaske, Edmond Fitz-Gerrald of Ballimallo, James Fitz-William Gerald of Glinane, and Edward Sutton, they may petition his majesty in the next parliament, whereupon his majesty will take such consideration of them as shall be just and fit.
XVII. Item, It is likewise concluded, accorded, and agreed upon, by and between the said parties, and his majesty is graciously pleased, that the citizens, freemen, burgesses, and former inhabitants of the city of Cork, towns of Youghall and Downegarven, shall be forthwith, upon perfection of these articles, restored to their respective possessions and estates in the said city and towns respectively, where the same extends not to the endangering of the said garrisons in the said city and towns. In which case, so many of the said citizens and inhabitants, as shall not be admitted to the present possession of their houses within the said city and towns, shall be afforded a valuable annual rent for the same, until settlement in parliament, at which time they shall be restored to those their possessions. And it is further agreed, and his majesty is graciously pleased, that the said citizens, freemen, burgesses, and inhabitants of the said city of Cork, and towns of Youghall and Downegarven, respectively, shall be enabled in convenient time before the next parliament to be held in this kingdom, to choose and return burgesses into the same parliament.
XVIII. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that an act of oblivion be passed in the next parliament, to extend to all his majesty's subjects of this kingdom, and their adherents, of all treasons and offences, capital, criminal, and personal, and other offences, of what nature, kind, or quality soever, in such manner, as if such treasons or offences had never been committed, perpetrated, or done: that the said act do extend to the heirs, children, kindred, executors, administrators, wives, widows, dowagers, or assigns of such of the said subjects and their adherents, who died on, before, or since, the 23d of October, 1641. That the said act do relate to the first day of the next parliament; that the said act do extend to all bodies politic and corporate, and their respective successors, and unto all cities, boroughs, counties, baronies, hundreds, towns, villages, thitlings, and every of them within this kingdom, for and concerning all and every of the said offences, and any other offence or offences in them, or any of them committed or done by his majesty's said subjects, or their adherents, or any of them, before, in, or since the 23d of October, 1641. Provided this act shall not extend to be construed to pardon any offence or offences, for which any persons have been convicted or attainted on record
XIX. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty 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, vicetreasurer, chancellor, or any of the barons of the exchequer, privy council, or judges of the four courts, be farmers of his majesty's customs within this kingdom.
XX. Item, It is likewise concluded, accorded, and agreed, and his majesty is graciously pleased, that an act of parliament pass 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 Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knt. sir Nicholas Plunket kt. sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them, to set down the rates for the custom and imposition to be laid on Aquavitae, Wine, Oil, Yarn, and Tobacco.
XXI. Item, It is concluded, accorded, and agreed, and his majesty 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 Muskerry, Francis lord Baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knt. sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, 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.
XXII. 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 oats in the straw, be repealed.
XXIII. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, for as much as upon application of agents from this kingdom unto his majesty in the fourth year of his reign, and lately upon humble suit made unto his majesty, by a committee of both houses of the parliament of this kingdom, order was given by his majesty for redress of several grievances, and for so many of those as are not expressed in the articles, whereof both houses in the next ensuing parliament shall desire the benefit of his majesty's said former directions for redress therein, that the same be afforded them; yet so as for prevention of inconveniences to his majesty's service, that the warning mentioned in the 24th article of the graces in the fourth year of his majesty's reign to be so understood, that the warning being left at the person's dwelling houses be held sufficient warning; and as to the 22d article of the said graces, the process hitherto used in the court of wards do still continue, as hitherto it hath done in that, and hath been used in other English courts; but the court of wards being compounded for, so much of the aforesaid answer as concerns warning and process shall be omitted.
XXIV. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that maritime causes may be determined in this kingdom, without driving of merchants or others to appeal and seek justice elsewhere: and if it shall fall out, that there be cause of an appeal, the party grieved is to appeal to his majesty in the chancery of Ireland; and that sentence thereupon to be given by the delegates, to be definitive, and not be questioned upon any further appeal, except it be in the parliament of this kingdom, if the parliament shall then be sitting, otherwise not, this to be by act of parliament; and until the said parliament, the admiralty and maritime causes shall be ordered and settled by the said 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 Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them.
XXV. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is graciously pleased, that his majesty's
XXVI. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that, by act to be passed in the next parliament, all the arrears of interest-money, which did accrue and grow due by way of debt, mortgage, or otherwise, and yet not so satisfied since the 23d of October, 1641, until the perfection of these articles, shall be fully forgiven and be released; and that for and during the space of three years next ensuing, no more shall be taken for use or interest of money than five pounds per centum. And in cases of equity, arising through disability, occasioned by the distempers of the times, the considerations of equity to be like unto both parties: but as for mortgages contracted between his majesty's Roman Catholic subjects and others of that party, where entry hath been made by the mortgagers against law, and the condition of their mortgages, and detained wrongfully by them without giving any satisfaction to the mortgagees, or where any such mortgagers have made profit of the lands mortgaged above country charges, yet answer no rent, or other consideration to the mortgagees, the parties grieved respectively to be left for relief to a course of equity therein.
XXVII. Item, It is further concluded, accorded, and agreed upon, and his majesty is further graciously pleased, that, immediately upon perfection of these articles, the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel, esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, shall be authorized by the said lord lieutenant, to proceed in, hear, determine, and execute, in and throughout this kingdom, the ensuing particulars, and all the matters thereupon depending; and that such authority, and other the authorities hereafter mentioned, shall remain of force without revocation, alteration, or diminution, until acts of parliament be passed, according to the purport and intent of these articles; and that in case of death, miscarriage, disability to serve by reason of sickness or otherwise of any the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, and his majesty's lord lieutenant, or other chief governor or governors of this kingdom for the time being, shall name and authorize another in the place of such as shall be so dead or shall miscarry himself, or be so disabled, and that the same shall be such person as shall be allowed of by the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them then living. And that the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them, shall have power to applot, raise, and levy means with indifferency and equality by way of excise or otherwise, upon all his majesty's subjects within the said kingdom, their persons, estates, and goods, towards the maintenance of such army or armies as shall be thought fit to continue, and be in pay for his majesty's service, the defence of the kingdom, and other the necessary public charges thereof, and towards the maintenance of the forts, castles, garrisons, and towns, until there shall be a settlement in parliament of both or either party, other than such of the said forts, garrisons, and castles, as from time to time shall be thought fit, by his majesty's 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 Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them, not to be maintained at the charge of the public: provided, that his majesty's lord lieutenant, or other chief governor or governors of this kingdom for the time being, be first made acquainted with such taxes, levies, and exercises as shall be made, and the manner of levying thereof, and that he approve the same; and to the end that such of the protestant party, as shall submit to the peace, may in the several countries, where any of their estates lie, have equality, and indifferency in the assessments and levies, that shall concern their estates in the said several counties.
It is concluded, accorded, and agreed upon, and his majesty is graciously pleased, that in the directions, which shall issue to any such county, for the applotting, sub-dividing, and levying of the said public assessments, some of the said protestant party shall be joined with others of the Roman Catholic party to that purpose, and for effecting that service; and the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon kt. sir Nicholas Plunket kt. sir Richard
XXVIII. Item, It is concluded, accorded, and agreed, by and between the said parties, and his majesty is graciously pleased, that for the preservation of the peace and tranquillity of the kingdom, the said lord lieutenant, and the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them, shall for the present agree upon such persons, who are to be authorized by commission under the great seal, to be commissioners of the peace, oyer and terminer, assizes and gaol-delivery, in and throughout the kingdom, to continue during pleasure, with such power as justices of the peace, oyer and terminer, assizes and gaol-delivery in former time of peace have usually had, which is not to extend unto any crime or offence committed before the first of May last past, and to be qualified with power to hear and determine all civil causes coming before them, not exceeding ten pounds: provided that they shall not intermeddle with titles of lands; provided likewise, the authority of such commissioners shall not extend to question any person or persons, for any shipping, cattle, or goods, heretofore taken by either party from the other, or other injuries done contrary to the articles of cessation, concluded by and with the said Roman Catholic party in or since May last, but that the same shall be determined by such indifferent persons, as the lord lieutenant, by the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them, shall think fit, to the end that speedy and equal justice may be done to all parties grieved; and the said commissioners are to make their estreats as accustomed of peace, and shall take the ensuing oath, viz. You shall swear, that as justice of the peace, oyer and terminer, assizes and gaol-delivery in the counties of A. B. in all articles of the commission to you directed, you shall do equal right to the poor and to the rich, after your cunning and wit and power, and after the laws and customs of the realm, and in pursuance of these articles: and you shall not be of counsel of any quarrel hanging before you; and the issues, fines, and amerciaments which shall happen to be made, and all forfeitures which shall happen before you, you shall cause to be entered without any concealment or embezzling, and send to the court of exchequer, or to such other place as his majesty's lord lieutenant, or other chief governor or governors of this kinghom, shall appoint, until there may be access unto the said court of exchequer: you shall not lett for gift or other cause, but well and truly you shall do your office of justice of peace, oyer and terminer, assizes and gaol-delivery in that behalf; and that you take nothing for your office of justice of the peace, oyer and terminer, assizes and gaol-delivery to be done, but of the king, and fees accustomed; and you shall not direct, or cause to be directed, any warrant by you, to be made to the parties, but you shall direct them to the sheriffs and bailiffs of the said counties respectively, or other the king's officers or ministers, or other indifferent persons to do execution thereof. So help your God, &c.
And that as well in the said commission, as in all other commissions and authorities to be issued in pursuance of the present articles, this clause shall be inserted, viz. That all officers, civil and martial, shall be required to be aiding and assisting and obedient unto the said commissioners, and other persons, to be authorized as aforesaid in the execution of their respective powers.
XXIX. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that his majesty's Roman Catholic subjects do continue the possession of such of his majesty's cities, garrisons, towns, forts, and castles, which are within their now quarters, until settlement by parliament, and to be commanded, ruled, and governed in chief, upon occasions of necessity, (as to the martial and military affairs,) by such as his majesty, or his chief governor or governors of this kingdom for the time being, shall appoint; and the said appointment to be by and with the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them; and his majesty's chief governor or governors, is to issue commissions accordingly to such persons as shall be so named and appointed as aforesaid, for the executing of such command, rule, or government, to continue until all the particulars in these present articles, agreed on to pass in parliament, shall be accordingly passed: only in case of death or misbehaviour, such other person or persons to be appointed for the said command, rule, or government, to be named aud appointed in the place or places of him or them, who shall so die or misbehave themselves, as the chief governor or governors for the time being, by the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them, shall think fit, and to be continued until a settlement in parliament as aforesaid.
XXX. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that all customs and tenths of prizes belonging to his majesty, which from the perfection of these articles shall fall due within this kingdom, shall be paid unto his majesty's receipt, or until recourse may be had thereunto in the ordinary legal way, unto such person or persons, and in such place or places, and under such controls, as the lord lieutenant shall appoint to be disposed of, in order to the defence and safety of the kingdom, and the defraying of other the necessary public charges thereof, for the ease of the subjects in other their levies, charges, and applotments. And that all and every person or persons, who are at present entrusted and employed by the said Roman Catholics in the entries, receipts, collections, or otherwise, concerning the said customs and tenths of prizes, do continue their respective employments
XXXI. Item, As for and concerning his majesty's rents payable at Easter next, and from thenceforth to grow due, until a settlement in parliament, it is concluded, accorded, and agreed upon, by and between the said parties, and his majesty is graciously pleased, that the said rents be not written for, or levied, until 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 kingdom, by the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them, for remittal of those rents, the said lord lieutenant, or any other chief governor or governors of this kingdom for the time being, shall intimate their desires, and the reason thereof, to his majesty, who, upon consideration of the present condition of this kingdom, will declare his gracious pleasure therein, as shall be just, and honourable, and satisfactory to the reasonable desires of his subjects.
XXXII. Item, It is concluded, accorded, and agreed, by and between the said parties, and his majesty is graciously pleased, that the commissioners of oyer and terminer and gaol-delivery to be named as aforesaid, shall have power to hear and determine all murders, manslaughters, 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, until 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 virtue or colour of any warrant or direction from those in public authority among the confederate Roman Catholics, nor unto any act, which shall be done after the perfecting and concluding of these articles, by virtue or pretence of any authority, which is now by these articles agreed on: provided also, that the said commission shall not continue longer than the first day of the next parliament.
XXXIII. Item, It is concluded, accorded by and between the said parties, and his majesty is further graciously pleased, that, for the determining such differences, which may arise between his majesty's subjects within this kingdom, and the prevention of inconvenience and disquiet, which through want of due remedy in several causes may happen, there shall be judicatures established in this kingdom, 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 do; and the said lord lieutenant, by and with the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them, shall name the said persons so to be authorized, and to do all other things incident unto and necessary for the settling of the said intended judicatures.
XXXIV. Item, At the instance, humble suit, and earnest desire of the general assembly of the confederate Roman Catholics, it is concluded, accorded, and agreed upon, that the Roman Catholic regular clergy 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, sites, and precincts of such abbeys and monasteries belonging to any Roman Catholic within the said kingdom, until settlement by parliament; and that the said clergy shall not be molested in the enjoying such pensions as hitherto since the wars they enjoyed for their respective livelihoods from the said Roman Catholics: and the sites and precincts hereby intended, are declared to be the body of the abbey, one garden and orchard to each abbey, if any there be, and what else is contained within the walls, meers, or ancient fences or ditch, that doth supply the wall thereof, and no more.
XXXV. Item, It is concluded, accorded, and agreed, by and between the said parties, that as to all other demands of the said Roman Catholics, for or concerning all or any the matters proposed by them, not granted or assented unto in and by the aforesaid articles, the said Roman Catholics be referred to his majesty's gracious favour and further concessions. In witness whereof the said lord lieutenant, for and on the behalf of his most excellent majesty, to the one part of these articles remaining with the said Roman Catholics, hath put his hand and seal: and sir Richard Blake, knt., in the chair of the general assembly of the said Roman Catholics, by order, command, and unanimous consent of the said Catholics in full assembly, to the other part thereof remaining with the said lord lieutenant, hath
Sir,I have not thus long foreborne to invite you, with those under your command, to a submission to his majesty's authority in me, and a conjunction with me, in the ways of his service, out of any the least aversion I had to you or any of them, or out of any disesteem I had to your power, to advance or impede the same; but out of my fear, whiles those, that have of late usurped power over the subjects of England, held forth the least colourable shadow of moderation in their intentions towards the settlement of church or state, and that in some tolerable way with relation to religion, the interest of the king and crown, the freedom of parliament, the liberties of the subject, any addresses from me proposing the withdrawing of that party from those thus professing, from whom they have received some, and expected further support, would have been but coldly received, and any determination thereupon deferred, in hope and expectation of the forementioned settlement; or that you yourself, who certainly have not wanted a foresight of the sad confusion now covering the face of England, would have declared with me, the lord Inchequeen, and the Protestant army in Munster, in prevention thereof; yet my fear was, it would have been as difficult for you, to have carried with you the main body of the army under your command, (not so clear-sighted as yourself,) as it would have been dangerous to you and those with you well-inclined, to have attempted it without them; but now that the mask of hypocrisy, by which the independent army hath ensnared and enslaved all estates and degrees of men, is laid aside, now that, barefaced, they evidently appear to be the subverters of true religion, and to be the protectors and inviters not only of all false ones, but of irreligion, and atheism, now that they have barbarously and inhumanly laid violent, sacrilegious hands upon and murdered God's anointed, and our king, not as heretofore some parricides have done, to make room for some usurper, but in a way plainly manifesting their intentions to change the monarchy of England into anarchy, unless their aim be first to constitute an elective kingdom; and Cromwell or some such John of Leyden being elected, then by the same force, by which they have thus far compassed their ends, to establish a perfect Turkish tyranny; now that of the three estates of king, lords, and commons, whereof in all ages parliaments have consisted, there remains only a small number, and they the dregs and scum of the house of commons, picked and awed by the army, a wicked remnant, left for no other end, than yet further if it be possible to delude the people with the name of a parliament: the king being murdered, the lords and the rest of the commons being by unheard-of violence at several times forced from the houses, and some imprisoned. And now that there remains no other liberty in the subject but to profess blasphemous opinions, to revile and tread under foot magistracy, to murder magistrates, and oppress and undo all that are not likeminded with them. Now I say, that I cannot doubt but that you and all with you under your command will take this opportunity to act and declare against so monstrous and unparalleled a rebellion, and that you and they will cheerfully acknowledge, and faithfully serve and obey our gracious king Charles II. undoubted heir of his father's crown and virtues; under whose right and conduct we may by God's assistance restore protestant religion to purity; and therein settle it, parliaments to their freedom, good laws to their force, and our fellow-subjects to their just liberties; wherein how glorious and blessed a thing it will be, to be so considerably instrumental, as you may now make yourself, I leave to you now to consider. And though I conceive there are not any motives relating to some particular interest to be mentioned after these so weighty considerations, which are such as the world hath not been at any time furnished with; yet I hold it my part to assure you, that as there is nothing you can reasonably propose for the safety, satisfaction, or advantage of yourself, or of any that shall adhere to you in what I desire, that I shall not to the uttermost of my power provide for; so there is nothing I would, nor shall more industriously avoid, than those necessities arising from my duty to God and man, that may by your rejecting this offer force me to be a sad instrument of shedding English blood, which in such case must on both sides happen. If this overture find place with you, as I earnestly wish it may, let me know with what possible speed you can, and if you please by the bearer, in what way you desire it shall be drawn on to a conclusion. For in that, as well as in the substance, you shall find all ready compliance from me, that desire to be
Your affectionate friend to serve you, Carrick,March 9, 1648.ORMOND.
For Colonel Michael Jones, Governor of Dublin.
My Lord,Your lordship's of the ninth I received the twelfth instant, and therein have I your lordship's invitation to a conjunction with yourself (I suppose) as lord lieutenant of Ireland, and with others now united with the Irish, and with the Irish themselves also.
As I understand not how your lordship should be invested with that power pretended, so am I very well assured, that it is not in the power of any without the parliament of England, to give and assure pardon to those bloody rebels, as by the act to that end passed may appear more fully. I am also well assured, that the parliament of England would never assent to such a peace, (such as is that of your lordship's with the rebels,) wherein is little or no provision made either for the protestants or the protestant religion. Nor can I understand how the protestant religion should be settled and restored to its purity by an army of papists, or the protestant interests maintained by those very enemies,
by whom they have been spoiled and there slaughtered: and very evident it is, that both the protestants and protestant religion are, in that your lordship's treaty, left as in the power of the rebels, to be by them borne down and rooted out at pleasure.As for that consideration by your lordship offered of the present and late proceedings in England, I see not how it may be a sufficient motive to me (or any other in like trust for the parliament of England in the service of the kingdom) to join with those rebels, upon any the pretences in that your lordship's letter mentioned; for therein were there a manifest betraying that trust reposed in me, in deserting the service and work committed to me, in joining with those I shall oppose, and in opposing whom I am obliged to serve.
Neither conceive I it any part of my work and care, to take notice of any whatsoever proceedings of state, foreign to my charge and trust here, especially they being found hereunto apparently destructive.
Most certain it is, and former ages have approved it, that the intermeddling of governors and parties in this kingdom, with sidings and parties in England, have been the very betraying of this kingdom to the Irish, whiles the British forces here had been thereupon called off, and the place therein laid open, and as it were given up to the common enemy.
It is what your lordship might have observed in your former treaty with the rebels, that, upon your lordship's thereupon withdrawing, and sending hence into England the most considerable part of the English army then commanded by you; thereby was the remaining British party not long after overpowered, and your quarters by the Irish overrun to the gates of Dublin, yourself also reduced to that low condition, as to be besieged in this very city, (the metropolis and principal citadel of the kingdom,) and that by those rebels, who till then could never stand before you: and what the end hath been of that party, also so sent by your lordship into England, (although the flower and strength of the English army here, both officers and soldiers,) hath been very observable.
And how much the dangers are at present (more than in former ages) of hazarding the English interest in this kingdom, by sending any parties hence into any other kingdom upon any pretences whatsoever, is very apparent, as in the generality of the rebellion, now more than formerly; so considering your lordship's present conclusions with and concessions to the rebels, wherein they are allowed the continual possession of all the cities, forts, and places of strength, whereof they stood possessed at the time of their treaty with your lordship, and that they are to have a standing force (if I well remember) of 15,000 foot and 2500 horse, (all of their own party, officers and soldiers,) and they (with the whole kingdom) to be regulated by a major part of Irish trustees, chosen by the rebels themselves, as persons for their interests and ends, to be by them confided in, without whom nothing is to be acted. Therein I cannot but mind your lordship of what hath been sometimes by yourself delivered, as your sense in this particular; that the English interest in Ireland must be preserved by the English, and not by Irish; and upon that ground (if I be not deceived) did your lordship then capitulate with the parliament of England, from which clear principle I am sorry to see your lordship now receding.
As to that by your lordship menaced us here, of blood and force, if dissenting from your lordship's ways and designs, for my particular I shall (my lord) much rather choose to suffer in so doing, (for therein shall I do what is becoming, and answerable to my trust,) than to purchase myself on the contrary the ignominious brand of perfidy by any allurements of whatsover advantages offered me. But very confident I am of the same divine power, which hath still followed me in this work, and will still follow me; and in that trust doubt nothing of thus giving your lordship plainly this my resolution in that particular.
So I remain,
Your lordship's humble servant,
Dublin,March 14th, 1648.(Signed) MIC. JONES.
For the lord of Ormond these.
BY THE LORD LIEUTENANT GENERAL OF IRELAND.
Ormond,Whereas our late sovereign lord king Charles of happy memory hath been lately by a party of his rebellious subjects of England most traitorously, maliciously, and inhumanly put to death and murdered; and forasmuch as his majesty that now is, Charles by the grace of God king of England, Scotland, France, and Ireland, is son and heir of his said late majesty, and therefore by the laws of the land, of force, and practised in all ages is to inherit. We therefore, in discharge of the duty we owe unto God, our allegiance and loyalty to our sovereign, holding it fit him so to proclaim in and through this his majesty's kingdom, do by this our present proclamation declare and manifest to the world, that Charles II., son and heir of our sovereign lord king Charles I., of happy memory, is, by the grace of God, the undoubted king of England, Scotland, France, and Ireland, defender of the faith, &c.
Given at Carrick,Feb. 26th, 1648.God save the King.