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 parlia

ment.

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 are, or hereafter shall be void in this kingdom, equality shall be used to the Roman Catholic natives of this kingdom, as to other his majesty's subjects; and that the command of forts, castles, garrisontowns, and other places of importance, of this kingdom, shall be conferred upon his majesty's Roman Catholic subjects of this kingdom, upon perfection of these articles, actually and by particular instances; and that in the distribution, conferring, and disposal of the forts, castles, garrison-towns, and other places of importance in this kingdom, no difference shall be made between his majesty's Roman Catholic subjects of this kingdom, 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 until full settlement in parliament, fifteen thousand foot and two thousand five hundred horse of the Roman Catholics of this kingdom shall be of the standing army of this kingdom; and that until full settlement in parliament as aforesaid, the said lord lieutenant, or other chief governor or governors of this kingdom for the time being, 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 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, 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 Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, shall diminish or add unto the said number, as they shall see cause from time to time.

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 2001. per annum, a lord viscount 400l. per annum, and an earl 6001. 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 pretended rights, without any restraint or interruption from his majesty, or otherwise, by the chief governor or governors and council of this kingdom: and that the proceedings in the respective precedency courts shall be pursuant and according to his majesty's printed book of instructions, and that they shall contain themselves within the limits prescribed by that book, when the kingdom shall be restored to such a degree of quietness, as they be not necessarily enforced to exceed the same.

XIV. 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 one statute made in this kingdom, in the eleventh year of the reign of queen Elizabeth, entitled, An Act for staying of woolflocks, tallow, and other necessaries within this realm: and another statute made in the said kingdom, in the twelfth year of the reign of the said queen, entitled, An Act

And one other statute made in the said kingdom, in the 13th year of the reign of the said late queen, entitled, An exemplanation of the act made in a session of this parliament for the staying of wool-flocks, tallow, and other wares and commodities mentioned in the said act, and certain articles added to the same act, all concerning staple er native commodities of this kingdom, shall be repealed, if it shall be so thought fit in the parliament, (excepting for wool and wool-fells,) and that such indifferent 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 knt. 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 authorized by commission under the great seal, to moderate and ascertain the rates of merchandize to be exported or imported out of, or into this kingdom, as they shall think fit.

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, Danie. Castigni, Edinond 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 of fences 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 adhe rents, 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 person or persons have been convicted or attainted on record at any time before the 23d 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 majesty's said subjects, or their adherents, or any of them; that in this act of oblivion, words of release, acquittal, and discharge be inserted, that no person or persons, bodies

politic or corporate, counties, cities, boroughs, baronies, hundreds, towns, 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 chattels taken, detained, or grown due to the subjects of the one party from the other since the 23d of October, 1641, to the date of these articles of peace; and also to all customs, rents, arrears of rents, to prizes, recognizances, bonds, fines, forfeitures, penalties, and to all other profits, perquisites, and dues which were due, or did or should accrue to his majesty on, before, or since the 23d of October, 1641, until the perfection of these articles, and likewise to all mesne rates, fines of what nature soever, recognizances, judgments, executions thereupon, and penalties whatsoever, and to all other profits due to his majesty since the said 23d of October and before, until 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 respites, issues of homage, and fines for the same: provided this shall not extend to discharge or remit any of the king's debts or subsidies due before the said 23d of October, 1641, which were then or before levied, or taken by the sheriffs, commissioners, receivers, or collectors, and not then or before accounted for, or since disposed to the public use of the said Roman Catholic subjects, but that such persons may be brought to account for the same after full settlement in parliament, and not before, unless 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 knt. sir Nicholas Plunket knt. 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, as the said lord lieutenant otherwise shall think fit; provided, that such barbarous and inhuman crimes, as shall be particularized and 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 knt. 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, as to the actors and procurers thereof, be left to be tried and adjudged by such indifferent commissioners, as shall 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 knt. 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; and that the power of the said commissioners shall continue only for two years 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 be agreed on for the trial of the said particular crimes to be excepted, shall hear, order, and determine all cases of trust, where relief 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 majesty's chief governor or governors, and other magistrates for the time being, in all his majesty's courts of justice, and other his majesty's officers of what condition or quality soever, be bound and required to take notice of and pursue the said act of oblivion, VOL. I. 2 K

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