pretended rights, without any restraint or interruption | cases of Maurice lord viscount de Rupe and Fermoy, from his majesty, or otherwise, by the chief governor Arthur lord viscount Iveagh, sir Edward Fitz-Geror governors and council of this kingdom: and that rald of Cloanglish baronet, Charles Mac-Carty Reag, the proceedings in the respective precedency courts Roger Moore, Anthony Mare, William Fitz-Gerald, shall be pursuant and according to his majesty's printed Anthony Lince, John Lacy, Collo Mac-brien Macbook of instructions, and that they shall contain them- Mahone, Daniel Castigni, Edmond Fitz-Gerrald of selves within the limits prescribed by that book, when Ballimartir, Lucas Keating, Theobald Roch Fitzthe kingdom shall be restored to such a degree of quiet- Miles, Thomas Fitz-Gerrald of the Valley, John ness, as they be not necessarily enforced to exceed the Bourke of Logmaske, Edmond Fitz-Gerrald of Ballimallo, James Fitz-William Gerrald 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. same. 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 citi zens 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 ob livion 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, dow agers, 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 person of persons have been convicted or attainted on record at 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 wool-flocks, 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 or 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 nd Fit Theobald En f the Talk itz-Geral ald of jest and it laded bitant many of any time before the 23d day of October, in the year of our Lord 1641. That this act shall extend to piracies, des Maand all other offences committed upon the sea by his Villa majesty's said subjects, or their adherents, or any of Mathem; 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, his mastor molested, for or by reason of any offence, matter, najesty 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 said parts of the one party from the other since the 23d of Octoat the caber, 1641, to the date of these articles of peace; and also to all customs, rents, arrears of rents, to prizes, reoregavcognizances, bonds, fines, forfeitures, penalties, and to e artics all other profits, perquisites, and dues which were due, states ir did or should accrue to his majesty on, before, or same et since the 23d of October, 1641, until the perfection of risons in these articles, and likewise to all mesne rates, fines of what nature soever, recognizances, judgments, executions thereupon, and penalties whatsoever, and to all ether profits due to his majesty since the said 23d of October and before, until the perfection of these artieles, for, by reason, or which lay within the survey or recognizance of the court of wards; and also to all reajesty's spites, issues of homage, and fines for the same: promelvided this shall not extend to discharge or remit any Cork if 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 Rom their subjects, but that such persons may be brought to account for the same after full settlement in parlamett, and not before, unless by and with the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Luas Dillon knt. sir Nicholas Plunket knt. sir Richand 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, shall be particularized and agreed upon by the said lord lieutenant, and the said Thomas lord vistot Dillon of Costologh, lord president of ConBaght, 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, Donuogh 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, Ca spectives, the next p luded a said parts ed, that a Dent, te dom, and the capital c what if such the bes wires mile id subers and ther and con 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, without pleading or suit to be made for the same: and that no clerk or other officers do 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 twenty pounds sterling, and that no sheriff or other officer do execute any such writ, process, 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 general pardon or oblivion, enlarging his majesty's grace and mercy, not herein particularized, be inserted 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 done from or after the date of these articles, until the first day of the before-mentioned next parliament, to be held in this kingdom. Provided also, that any act or acts, which shall be done by virtue, pretence, or in pursuance of these articles of peace agreed upon, or any act or acts which shall be done by virtue, colour, or pretence of the power or authority used or exercised by and amongst the confederate Roman Catholics 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 said act of oblivion, or any thing in this article contained, shall not hinder or interrupt the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander MacDonnel esquire, sir Lucas Dillon kt. sir Nicholas Plunket kt. sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, | be authorized by commission under the great seal, to 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 prorespec-hibiting 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 griev Donnel esquire, sir Lucas Dillon kt. sir Nicholas ག་པ། shall be omitted. 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 kut. 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 Go! P ap XX. Item, It is likewise concluded, accorded, and XXIV. Item, It is further concluded, accorded, and agreed, and his majesty is graciously pleased, that an agreed upon, by and between the said parties, and his act of parliament pass in this kingdom against mono- majesty is further graciously pleased, that maritime polies, such as was enacted in England 21 Jacobi Recauses may be determined in this kingdom, without gis, with a further clause of repealing of all grants of driving of merchants or others to appeal and seek jus monopolies in this kingdom; and that commissioners tice elsewhere: and if it shall fall out, that there be be agreed upon by the said lord lieutenant, and the cause of an appeal, the party grieved is to appeal to said Thomas lord viscount Dillon of Costologh, lord his majesty in the chancery of Ireland; and that sens det. president of Connaght, Donnogh lord viscount Mus-tence thereupon to be given by the delegates, to be kerry, Franci lord baron of Athunry, Alexander definitive, and not be questioned upon any further spe Mac-Donnel esquire, sir Lucas Dillon knt. sir Nicho-peal, except it be in the parliament of this kingdom,if las Plunket kt. sir Richard Barnwall baronet, Jeffery the parliament shall then be sitting, otherwise not, this Browne, Donnogh O Callaghan, Tyrlah O Neile, to be by act of parliament; and until the said parlia Miles Reily, and Gerrald Fennell, esquires, or any ment, the admiralty and maritime causes shall be ordered seven or more of them, to set down the rates for the and settled by the said lord lieutenant, or other chief custom and imposition to be laid on Aquavitæ, Wine, governor or governors of this kingdom for the time be Oil, Yarn, and Tobacco. ing, by and with the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord pre sident of Connaght, Donnogh lord viscount Muskerry Francis lord baron of Athuary, 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, agreed upon, by and between the said parties, and his majesty is graciously pleased, that his majesty's ་ jects of this kingdom be eased of all rents and increase | shall be so dead or shall miscarry himself, or be so disof rents lately raised on the commission or defective titles in the earl of Strafford's government, this to be by act of parliament; and that in the mean time the said rents or increase of rents shall not be written for by pany process, or the payment thereof in any sort procured. d abled, 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 SAN 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 inised, for wh terest-money, which did accrue and grow due by way his king of debt, mortgage, or otherwise, and yet not so satisified 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 hat the 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 the where any such mortgagers have made profit of the sedlands 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. 2 Tel 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 CostoJogh, 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 Banwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fen the bell, esquires, shall be authorized by the said lord chief governor or governors of this kingdom for the Beutenant, to proceed in, hear, determine, and execute, lord time being, be first made acquainted with such taxes, 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 Rich | said frigates to be employed for his majesty's service, | ard 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 levy the arrears of all excises and other public taxes imposed by the confederate Roman Catholics, and yet unpaid, and to call receivers and other accomptants of all former taxes and all public dues to a just and strict account, either by themselves, or by such as they or any seven or more of them shall name or appoint; and that the said lord lieutenant, or any other chief governor or governors of this kingdom for the time being, shall from time to time issue commissions to such person or persons as shall be named and appointed 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 kt. sir Nicholas Plunket kt. sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrard Fennell, esquires, or any seven or more of them, for letting, setting, and improving the estates of all such person and persons, as shall adhere to any party opposing his majesty's authority, and not submitting to the peace; and that the profits of such estates shall be converted by the said lord lieutenant, or other chief governor or governors of this kingdom for the time being, to the main-ments, taxes, and other public dues yet unpaid: and tenance of the king's army and other necessary charges, until settlement by parliament; 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 kt. 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, shall have power to applot, raise, and levy means, with indifferency and equality, for the buying of arms and ammunition, and for the entertaining of frigates in such proportion as shall be thought fit by his majesty's lord lieutenant or other chief 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, kt. 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; the said arms and ammunition to be laid up in such magazines, and under the charge of 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 MacDonnel 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, or any seven or more of them, and to be disposed of, and the that 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, in case of refractories or delinquency, may distrain and imprison, and cause such de linquents to be distrained and imprisoned. 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, make perfect books of all such monies as shall be applotted, raised, or levied, out of which books they are to make several and respective abstracts, to be delivered under their hands, or the hands of any seven or more of them, to the several and respective collectors, which shall be appointed to levy and receive the same. And that a duplicate of the said books, under the hands 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, be delivered unto his majesty's lord lieutenant, or other chief governor or governors of this kingdom for the time being, where by a perfect account may be given; and that 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 have power to call the council and congregation, and the respective supreme councils, and commissioners general, appointed hitherto from time to time, by the said confederate Roman Catholics, to manage their public affairs, and all other persons ac countable, to an account, for all their receipts and disbursements since the beginning of their respective employments under the confederate Roman Catholics T N |