OBSERVATIONS ON THE ARTICLES OF PEACE, BETWEEN JAMES EARL OF ORMOND FOR KING CHARLES THE FIRST ON THE ONE HAND, AND THE IRISH REBELS AND PAPISTS ON THE OTHER HAND: AND ON A LETTER SENT BY ORMOND TO COLONEL JONES, GOVERNOR OF DUBLIN. AND A REPRESENTATION OF THE SCOTS PRESBYTERY AT BELFAST IN IRELAND, To which the said Articles, Letter, with Colonel Jones's Answer to it, and Representation, &c. are prefixed. [FIRST PUBLISHED 1648-9.] A PROCLAMATION. ORMOND, WHEREAS articles of peace are made, concluded, accorded, and agreed upon, by and between us, James lord marquis of Ormond, lord lieutenant-general, and general governor of his majesty's kingdom of Ireland, by virtue of the authority wherewith we are intrusted, for, and on the behalf of his most excellent majesty ou the one part, and the general assembly of the Roman Catholics of the said kingdom, for, and on the behalf of his majesty's Roman Catholic subjects of the same, on the other part; a true copy of which articles of peace are hereunto annexed: we the lord lieutenant do, by this proclamation, in his majesty's name publish the same, and do in his majesty's name strictly charge and command all his majesty's subjects, and all others inhabiting or residing within his majesty's said kingdom of Ireland, to take notice thereof, and to render due obedience to the same in all the parts thereof. unity amongst themselves, after the too long continued division amongst them: so his majesty assures himself, that all his subjects of this his kingdom (duly considering the great and inestimable benefits which they may find in this peace) will with all duty render due obedience thereunto. And we, in his majesty's name, do hereby declare, That all persons, so rendering due obedience to the said peace, shall be protected, cherished, countenanced, and supported by his majesty, and his royal authority, according to the true intent and meaning of the said articles of peace. Articles of peace, made, concluded, accorded, and agreed upon, by and between his excellency James lord marquis of Ormond, lord lieutenant-general, and general of his majesty's kingdom of Ireland, for, and on the behalf of, his most excellent majesty, by virtue of the authority wherewith the said lord lieutenant is intrusted, on the one part: and the general assembly of Roman Catholics of the said kingdom, for and on the behalf of his majesty's Roman Catholic subjects of the same, on the other part. And as his majesty hath been induced to this peace, out of a deep sense of the miseries and calamities brought upon this his kingdom and people, and out of hope conceived by his majesty, that it may prevent the further effusion of his subjects' blood, redeem them out of all the miseries and calamities, under which they now His majesty's Roman Catholic subjects, as thereunto suffer, restore them to all quietness and happiness under bound by allegiance, duty, and nature, do most humbly his majesty's most gracious government, deliver the and freely acknowledge and recognise their sovereign kingdom in general from those slaughters, depredations, lord king Charles, to be lawful and undoubted king of rapines, and spoils, which always accompany a war, this kingdom of Ireland, and other his highness' realms encourage the subjects and others with comfort to be- and dominions: and his majesty's said Roman Catholic take themselves to trade, traffic, commerce, manufac-subjects, apprehending with a deep sense the sad conture, and all other things, which uninterrupted may in-dition whereunto his majesty is reduced, as a further crease the wealth and strength of the kingdom, beget testimony of their loyalty do declare, that they and in all his majesty's subjects of this kingdom a perfect their posterity for ever, to the utmost of their power, 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 traiterous 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 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. 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 Ro-churches or church-livings, or of the exercise of their man 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, or any of them, they taking the oath of allegiance in hæc 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 my best endeavour to disclose and make known to do II. Item, It is concluded, accorded, and agreed upon, by and between 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 governors 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 all matters, that by these articles are agreed upon to be passed in parliament, shall be transmitted into England, according to the usual form, to be passed in the said parliament, and that the said acts so agreed upon, and so to be passed, shall receive no disjunction or alteration here in England; provided that nothing | shall be concluded by both or either of the said houses of parliament, which may bring prejudice to any of his majesty's protestant party, or their adherents, or to his majesty's Roman Catholic subjects, or their adherents, other than such things as upon this treaty are concluded to be done, or such things as may be proper for the committee of privileges of either or both houses to take cognizance of, as in such cases heretofore hath been accustomed; and other than such matters as his majesty will be graciously pleased to declare his further pleasure in, to be passed in parliament for the satisfaction of his subjects; and other than such things as shall be propounded to either or both houses by his majesty's lord lieutenant or other chief governor or governors of this kingdom for the time being, during the said parliament, for the advancement of his majesty's service, and the peace of the kingdom; which clause is to admit no construction which may trench upon the articles of peace or any of them; and that both houses of parliament may consider what they shall think convenient touching the repeal or suspension of the statute, commonly called Poyning's Act, intitled, An Act that no parliament be holden in that land, until the Acts be certified into England. 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, execators, 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 Neal, Miles Reilie, 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 tenour 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 customed 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 traiterous 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 acknowledgment 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 since the first year of king Henry VIII, or found by | be therein, may take and receive the usual degrees acany office taken from the said first year of king Henry VIII, until the twenty-first of July 1645, whereby our late dear father, or any his predecessors, actually re-❘ ceived any profit by wardship, liveries, primer-seisins, mesne rates, ousterlemains, or fines of alienation without license, be again reserved unto us, our heirs and successors, and all the rest of the premises to be holden of our castle of Athlone by knight's service, according to our said late father's letters, notwithstanding any tenures in capite found for us by office, since the twenty-first of July 1615, and not appearing in any such letters patent, or offices; within which rule his majesty is likewise graciously pleased, that the said lands in the counties of Limerick and Tipperary be included, but to be held by such rents and tenures only, as they were in the fourth year of his majesty's reign; provided always, that the said lords, knights, gentlemen, and freeholders of the said province of Connaght, county of Clare, and country of Thomond, and counties of Tipperary and Limerick, shall have and enjoy the full benefit of such composition and agreement which shall be made with his most excellent majesty, for the court of wards, tenures, respites, and issues of homage, any clause in this article to the contrary notwithstanding. And as for the lands within the counties of Kilkenny and Wickloe, unto which his majesty was intitled by offices, taken or found in the time of the earl of Strafford's government in this kingdom, his majesty is further graciously pleased, that the state thereof shall be considered in the next intended parliament, where his majesty will assent unto that which shall be just and honourable; and that the like act of limitation of his majesty's titles, for the security of the estates of his subjects of this kingdom, be passed in the said parliament, as was enacted in the twenty-first year of his late majesty king James his reign in England. 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 VIII. Item, It is further concluded, accorded, and difference shall be made between the said Roman agreed upon, and his majesty is further graciously Catholics, and other his majesty's subjects; but that pleased, that all incapacities imposed upon the natives such distribution shall be made with equal indifferency of this kingdom or any of them, as natives, by any act according to their respective merits and abilities; and of parliament, provisoes in patents or otherwise, be that all his majesty's subjects of this kingdom, as well taken away by act to be passed in the said parliament; Roman Catholics as others, may, for his majesty's serand that they may be enabled to erect one or more inns vice and their own security, arm themselves the best of court in or near the city of Dublin or elsewhere, as they may, wherein they shall have all fitting encoushall be thought fit by his majesty's lord lieutenant, or ragement. And it is further concluded, accorded, and other chief governor or governors of this kingdom for agreed upon, by and between the said parties, and his the time being; and in case the said inns of court shall majesty is further graciously pleased, that places of be erected before the first day of the next parliament, command, honour, profit, and trust, in the civil gothen the same shall be in such places as his majesty's vernment in this kingdom, shall be, upon passing of lord lieutenants or other chief governor or governors of the bills in these articles mentioned in the next parliathis kingdom for the time being, by and with the ad- ment, actually and by particular instances conferred vice and consent of the said Thomas lord viscount upon his majesty's Roman Catholic subjects of this Dillon of Costologh, lord president of Connaght, Don- kingdom; and that in the distribution, conferring, and nogh lord viscount Muskerry, Francis lord baron of disposal of the places of command, honour, profit, and Athunry, Alexander Mac-Donnell esquire, sir Lucas trust, in the civil government, for the future no differDillon knight, sir Nicholas Plunket knight, sir Richard ence shall be made between the said Roman Catholics, Barnwall baronet, Jeffery Browne, Donnogh O Cal- and other his majesty's subjects, but that such distrilaghan, Tyrlah O Neile, Miles Reily, Gerrald Fennell,bution shall be made with equal indifferency, according esquires, or any seven or more of them, shall think fit; and that such students, natives of this kingdom, as shall to their respective merits and abilities; and that in the distribution of ministerial offices or places, which now 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 2007. per annum, a lord viscount 4007. per annum, and an earl 6007. per annum, a marquis 8007. 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. are, or hereafter shall be void in this kingdom, equality | contained. And it is further agreed, that reasonable shall be used to the Roman Catholic natives of this compositions shall be accepted for wardships since the kingdom, as to other his majesty's subjects; and that twenty-third of October 1641, and already granted; the command of forts, castles, garrison-towns, and and that no wardships fallen and not granted, or that other places of importance, of this kingdom, shall be shall fall, shall be passed until the success of this articonferred upon his majesty's Roman Catholic subjects cle shall appear; and if his majesty be secured as of this kingdom, upon perfection of these articles, aforesaid, then all wardships fallen since the said actually and by particular instances; and that in the twenty-third of October, are to be included in the argudistribution, conferring, and disposal of the forts, ment aforesaid, upon composition to be made with such castles, garrison-towns, and other places of importance as have grants as aforesaid; which composition, to be in this kingdom, no difference shall be made between made with the grantees since the time aforesaid, is to his majesty's Roman Catholic subjects of this king-be left to indifferent persons, and the umpirage to the dom, 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 and 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 Fennel, 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 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 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 any |