The last ARTICLES OF PEACE Made, Concluded, Accorded and Agreed upon the 30. day of july, 1646. by and between His Excellency, James Lord Marquis of Ormond, Lord Lieutenant General, and General Governor of His Majesty's Kingdom of Ireland, His Majesty's Commissioner, to Treat and Conclude a Peace with His Majesty's Roman Catholic Subjects of the said Kingdom, by virtue of His Majesty's Commission under the Great Seal of ENGLAND, Bearing date at Buckingham on the 24. day of June, in the Twentieth year of His Reign, for and on the behalf of His most Excellent Majesty of the one part; AND Donogh Lord Viscount Muskery, and others appointed and Authorized by His Majesties said Roman Catholic Subjects, by virtue of an Authority of the said Roman Catholic Subjects, bearing date the sixth day of March, 1645. and in the One and twentieth year of His Majesty's Reign, of the other part. Published by Authority and Command of the Lord Lieutenant and Council there. Imprinted first at Dublin by William Bladen, Printer to the Kings most Excellent Majesty; and now Reprinted at London for Edw. Husband, Printer to the Honourable House of Commons, Sept. 7.1646. ❧ By the Lord Lieutenant and COUNCIL. 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, His Majesty's Commissioner to Treat and conclude a Peace with His Majesty's Roman Catholic Subjects of the said Kingdom, by virtue of His Majesty's Commission under the Great Seal of England, bearing Date at Buckingham on the 24. day of June, in the Twentieth year of His Reign, for and on the behalf of His most Excellent Majesty of the one part; and Donogh Lord Viscount Muskery and others, appointed and Authorized by His Majesties said Roman Catholic Subjects, by virtue of an Authority of the said Roman Catholic Subjects, bearing Date the sixth day of March, 1645. and in the 21. year of His Majesty's Reign, of the other part, a true Copy of which Articles of Peace is hereunto annexed, We the Lord Lieutenant and Council 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. 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 a hope conceived by His Majesty that it may prevent the further effusion of His Subjects blood, redeem them out of all the miseries and calamities under which they now suffer, restore them to all quietness and happiness under His Majesty's most gracious Government, deliver the Kingdom in general from those slaughters, deprecations, rapines & spoils which always accompany a War, encourage the Subjects and others with comfort to betake themselves to Trade, Traffic, Commerce, Manufacture, and all other things which uninterrupted may increase the wealth and strength of the Kingdom, beget in all His Majesty's Sujects of this Kingdom, a perfect 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. Given at His Majesty's Castle of Dublin, the Thirtieth day of July, 1646. Ri. Bolton, Canc. Roscomon. Cham Lambart. Gerrard Lowther. Fr. Willoughby. Robert Forth. Dillon. La. Dublin. Geo. Cloyne. Arthur Chichester. Hen. Tichborn. Tho. Lucas. Ja. Ware. God save the King. Articles of Peace made, concluded, accorded, and agreed upon, by and between his Excellency JAMES Lord Marquis of Ormond, Lord Lieutenant General, and General Governor of His Majesty's Kingdom of Ireland, His Majesty's Commissioner to Treat and conclude a Peace with His Majesty's Roman Catholic Subjects of the said Kingdom, by virtue of His Majesty's Commission under the Great Seal of England, bearing date at Buckingham, the 24. day of june, in the twentieth year of His Reign, for and on the behalf of His most Excellent Majesty, of the one party; And Richard Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Robert Talbot Baronet, Dermot O Bryen, Patrick Darcy, Geoffrey Brown, and john Dillon, Esquires, Appointed and Authorized by His Majesties said Roman Catholic Subjects by virtue of an Authority of the said Roman Catholic Subjects, bearing date the sixth day of March, Anno Domini, One thousand six hundred forty five, and in the twenty one year of His Majesty's Reign, Authorising them and others, or any four or more of them to Treat and Conclude a Peace in the said Kingdom of Ireland, with His Majesty's said Commissioner, for and in the behalf of His Majesties said Roman Catholic Subjects on the other party. INprimis, It is Concluded, Accorded and Agreed upon, by His Majesty's said Commissioner, for and on the behalf of His most Excellent Majesty, and the said Richard Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Robert Talbot Baronet, Dermot O Bryen, Patrick, Darcy, Geoffrey Brown and John Dillon, Esquires, on the behalf of the said Roman Catholic Subjects; And His Majesty is graciously pleased, that it shall be provided by Act of Parliament to be passed in the next Parliament to be held in this Kingdom, That the Professors of the Roman Catholic Religion in the said Kingdom or any of them be not bound or obliged to take this Oath expressed in the Statute of Secundo Eliz: commonly called the Oath of Supremacy, 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 haec verba. I. A. B. do truly acknowledge, confess, 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 Allegience 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 or Dignity, and do my best endeavour to disclose and make known unto His Majesty, His Heirs and Successors, or to the Lord Deputy or other Governor for the time being, all Treasons 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 acknowledgement hearty, willingly, and truly, upon the true faith of a Christian. So help me God, etc. So as by the same Act it be further Provided and Enacted, that if any Roman Catholic happen to be promoted, presented or advanced to any Ecclesiastical promotion, dignity or benefice according to the form now used in the Protestant Church of Ireland, That the freedom and exemption aforesaid shall not extend to any such Roman Catholic; Or if any being Protestant, be advanced, promoted or presented to any Ecclesiastical benefice, dignity or promotion, shall afterwards happen to become a Roman Catholic, that the freedom and exemption aforesaid shall not so far extend to any such Roman Catholic, but that upon tender of the said Oath, and refusal thereof, he be for that cause left subject to privation of the said benefice, dignity or promotion, according to the said Statute; And it is further concluded, accorded and agreed, by and between the said parties, that for all matters concerning the first Proposition of the said Catholics, viz. That all Acts made against the professors of the Roman Catholic Faith, whereby any restraint, penalty, mulct, or incapacity, may be laid upon any Roman Catholic within the Kingdom of Ireland, may be Repealed, and the said Catholics to be allowed the freedom of the Roman Catholic Religion. That His Majesties said Roman Catholic Subjects be referred to His Majesty's gracious Favour and further Concessions; And that no clause in these A'rticles shall or may hinder His Majesties said Roman Catholic Subjects, or any of them from the benefit of His Majesties further Graces and Concessions; And that no use shall be made of the Papers passed on this Treaty, or any of them, concerning the said first Proposition, which may in any sort hinder the said Roman Catholic Subjects, or any of them, from His Majesty's further Concessions. And that His Majesties said Commissioner and other chief Governor or Governors of this Kingdom for the time being, shall cause whatsoever shall be further directed by His Majesty to be passed in Parliament, for and on the behalf of His said Roman Catholic Subjects, to be accordingly drawn into Bills, and transmitted according to the usual manner, to be afterwards passed as Acts in the said Parliament. 2. Item, It is further concluded, accorded and agreed upon, by and between the said parties, And His Majesty is graciously pleased to call a new Parliament to be held in this Kingdom, on or before the last day of November next ensuing, and that all matters agreed on by these: Articles to be passed in Parliament, shall be transmitted into England, according the usual form, to be passed in the said Parliament, and that the said Acts so to be agreed upon, and so to be passed, shall receive no alteration or diminution here or 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 any of His Majesty's Roman Catholic Subjects party, or their Adherents, other than such things as upon this Treaty shall be 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 such other things as shall be propounded to either or both Houses by the Lord Lieutenant, or other chief Governor or Governor 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 these Articles or any of them. 3. Item, It is further concluded, accorded and agreed upon, by and between the said parties, And His Majesty is further 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 7. of August, 1641. shall be vacated, and that the same, and all exemplifications, and other Acts, which may continue the memory of them, be made void by Act of Parliament. 4. Item, It is further concluded, accorded and agreed upon, by and-between the said parties, And His Majesty is further graciously pleased, that all Indictments, Attainders, Outlawries in this Kingdom, and all the Processes and other proceed thereupon, and all Letters Patents, Grants, Leases, Custodiams, 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 7. of August, 1641. in prejudice of the said Catholics, their Heirs, Executors, Administrators and 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 immediately after concluding of these Articles, and at furthest before the first day of October next; Or in case the said new Parliament be called sooner than the said last day of November, than forty days before the said Parliament. And that all impediments which may hinder the said Roman Catholics to Sat or Vote in the next intended Parliament, or to choose or to be chosen Knights and Burgesses to Sat or Vote there, shall be removed before the said Parliament, Provided, that no man shall be questioned by reason of this Article for mesne rates or wastes, saving wilful wastes committed after the first of November, 1645. 5. Item, It is further concluded, accorded and agreed upon, by and between the said parties, And His Majesty is further graciously pleased, that all debts do stand in state as they were in the beginning of those troubles, and that no grant or disposition made, or to be made, thereof, by virtue or colour of any Attainder, Outlawry, Fugacy or other Forfeiture whatsoever, or otherwise, shall be of force, and this to be passed as an Act in the said next Parliament. 6. Item, It is concluded, accorded and agreed, by and between the said parties, 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 Connaught, and County of Clare, or Country of Thomond, as of the County of Limerick and Tipperary, the same to be secured by Act of Parliament according to the intent of the 25 Article of the Graces, granted in the fourth year of His Majesty's Reign, the Tenor whereof, for so much as concerneth the said Proposition, doth ensue in these words, viz. We are Graciously pleased, that for the securing of the Inhabitants of Connaught, 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, Our Heirs and Successors; In which Act of Parliament so to be passed, you are to take care, that all Tenors 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 Patents passed thereof, since the first year of King Henry the Eight, or found by any Office taken from the said first year of King Henry the Eight, until the 21. of July, 1615. Whereby our late dear Father, or any His Predecessors actually received any profit, by Wardship, Liveries, primer Seisins, mesne rates, Ouster le mains, or fines of alienations without licence, be again reserved unto Us, Our Heirs and Successors; And all the rest of the premises to be holden of our Castle of Athloane, by Knight's Service, according to Our said late Father's Letters, notwithstanding any Tenors in Capite sound for Us by Office since the 21. of July, 1615. And not appearing in any such Letters Patents, or Offices, within which rule it is His Majesty's pleasure, and it is so concluded and agreed, that the said Lands in the Countries of Limerick and Tipperary, be included, but to be held by such Rents and Tenors only as they were in the fourth year of His Majesty's Reign: Provided always, and it is the intention of the said parties to these presents, that the said Lords, Knights, Gentlemen and Freeholders, or reputed Freeholders of the said Province of Connaught, 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, Tenors, Respites and Issues of Homage, any clause in this Article contained to the contrary notwithstanding: And as for the Lands within the Counties of Kilkenny and Wickloe, unto which His Majesty was Entitled by Offices taken or found in the time of the Earl of strafford's Government is this Kingdom; His Majesty is graciously pleased, that the state thereof shall be considered in the next intended Parliament, wherein His Majesty will assent unto that which shall be just and Honourable; And it is further concluded and agreed, by and between the said parties, and His Majesty is further graciously pleased, 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 21. year of His late Majesty King James His Reign in England. 7. Item, It is further concluded, accorded and agreed upon, by and between the said parties, 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, Prouisoes 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, 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 truly acknowledge, profess 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 Governors for the time being, all Treasons 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 Acknowledgement Hearty, and Willingly, and Truly, upon the true Faith of a Christian: So help me GOD. And that they may erect one or more Universities, to be Governed by such Rules and Orders as His Majesty shall appoint: And it is further concluded and agreed, by and between the said parties, and His Majesty is graciously pleased, that the said Roman Catholic Subjects may erect and keep Free-Schools for education of Youth in this Kingdom, any Law or Statute to the contrary notwithstanding; all the matters of this Article to be passed as Acts of Parliament in the said next Parliament. 8. 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 disposal 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, shall for his Majesty's Service and their own security, arm themselves the best they may, wherein they shall have all fitting encouragement, And that places of Command, Honour, Profit and Trust in 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 others 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; That the Command of Forts, Castles Garrisons, Towns, and other Places of Importance in 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, Garrisons 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. 9 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 sterlin, to be applotted with indifferency and equalily, 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, Tenors in Capite, common Knights service, and all other Tenors within the cognizance of that Court, And for and in lieu of all Wardships, primer Seisms, Fines, Ousterlemaines', Liveries, Intrusions, Alienations; Mesne-rates, Reliefs and all other Profits, within the cognizance of the said Court, or incident to the said Tenors or any of them, or Fines to accrue to His Majesty, by reason of the said Tenors or any of them, and for, and in lieu of Respites, and Issues of Homage, and Fines for the same; And the said yearly rend being so Applotted and consented unto in Parliament as aforesaid, than a Bill is to be agreed on in the said Parliament, to be passed as an Act, for the securing of the said yearly Rend, 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 fallen since the 23. 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 23. of October, are to be included in the agreement 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, it to be left to indifferent persons, and the umpirage to the said Lord Lieutenant His Majesty's Commissioner. 10. Item, It is further concluded, accorded and agreed, 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 two hundred pounds per annum, a Lord Viscount four hundred pounds per annum, and an Earl six hundred pounds sterper annum, shall lose their votes in Parliament until such time as they shall afterwards acquire such estates respectively; And it is further agreed, that none be admitted into the House of Commons but such as shall be Estated, and Resident within this Kingdom. 11. Item, It is further concluded, accorded and agreed 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 of 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. 12. Item, It is further concluded, accorded and agreed, 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, are to be handled as matters of State, and be Herd and Determined by the 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, Hear, 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 proceed 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. 13. Item, It is further concluded, granted and agreed, 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 in the Reign of Queen Elizabeth, entitled An Act for staying of Wool, Flocks, Tallow, and other necessaries within this Realm, and one other Statute made in the said Kingdom in the 12 year of the said Queen entitled An Act. _____ And one other Statute, made in the said Kingdom in the 13. year of the reign of the said late Queen entitled, An explanation 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, excepting for Wool and Wool fells, and that such indifferent persons, as shall be agreed on by the said Lord Lieutenant, and the said Lord visc. Mountgarret, Donnogh Lord Viscount Muskery, Sir Daniel o Bryen Knight, Sir Lucas Dillon Knight, Nicholas Plunket, Richard belings, Philip mac Hugh Rely, Tirlogh o Neale, Thomas Fleming, Patrick Darcy, Gerrald Fernell & Geoffrey Brown Esquires or any five or more of them shall be Authorized by Commission under the great Seal, to Moderate and Ascertain the Rates of Merchandise to be exported, or Imported, out of, or into, this Kingdom as they shall think fit. 14. Item, It is further concluded, accorded and agreed, by and between the said parties, and his Majesty is further graciously pleased, that care be had, that the chief Governor, or Governors, of this Kingdom for the time being, shall not continue in those Places longer than he shall find for the good of his people here, and that they shall be inhibited to make any Purchase other then by Lease for Provision of their Houses, dureing the time of their Government. 15. Item, It is further concluded accorded & agreed, by & between the said parties, and his Majesty in further graciously pleased, that an Act of oblivion shall be passed in the next Parliament to extend unto all his Majesty's Subjects, of this Kingdom and their adherents, of all Treasons & 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, and Assigns, of such of the said Subjects, and their adherents, who died on, or since the 23 of October 16●1. 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, Bourrougaes, Counties, Baronies, Hundreds, Townes, Villages, tithings, and every of them within this Kingdom, for and concerning all and every of the said offences, or any other offences or offences, in them or any of them committed or done, by his Majesties said Subjects or their adherents, or any of them, in● or since the 23. of October 1641. That this Act shall extend to Piracies and all other Offences, committed upon the Sea by his Majesties said Subjects, or their adherents, or any of them, That in this Act of Oblivion, words of Release, Aquittall, and Discharge, be incerred; That no person or Persons, Bodies Politic or Corporate, Counries, Cities, Burrougheses, Baronies, Hundreds, Townes, Villages, tithings, 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 side to the other, since the 23. of October 1641. to the Date of these Arctics, and also to all Customs, Rents, Arteares of Ren 〈◊〉 Prizes, Recognizances, Bonds, Fines, Forfeitures, Penalties and to all other Profits, perq●●sites, and Deuce, which were due, or did, or should, accrue to his Majesty on, before or since, the 23 of October 1641. until the perfection of these Articles, and likewise to all m●sue rates, Fines, of what nature soever, Recognizances, judgements, Executions thereupon, and penalties whatsoever, and to all other profits due to his Majesty since the said 23. of October and before until this present, for, by, reason, or which lay within the survey or cognizance of the Court of Wards; and also to all Respirts; 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 23. of October 1641. which were then, or before, levied, or taken by Sheriffs, Commissioners, Receivers, or Collectors, and not then, or before accounted for, or since disposed to 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 & not before; Provided that such Barbarous, and Inhuman Crimes, as shall be particularised, and agreed upon, by the said Lord Lieutenant, and the Lord Viscount Mountgarret, Doimogh Lord Viscount Muskery, Sir Daniel o Bryon Knight, Sir Lucas Dillon Knight, Nicholas Plunket, Richard belings, Philip Mas Hugh Rely, Terlogh o Neale, Thomas Fleming, Patrick's Darcy, Gerald Fennell and Goffry Brouns Esquires, or any five 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 Lord viscount Mountgarret, Donogh Lord visc. Muskery, Sir Daniel o Bryen Knight, Sir Lucas Dillon Knight, Nicholas Planket, Richard belings, Philip mac hugh o Rely, Terlogh, o Neale Thomas Flewing, Patrick Darcy, Gerrald Fennell, and Geoffrey Brown Esquires, or any five or more of them, and that the power of the said Commissioners shall continue only for two year's next ensuing the date of these present Articles; Provided also that the Commissioners to be agreed on for trial of the said particular Crimes to be Excepted, shall Hear, Order & Determine all cases of Trust, where relief may or aught in Equity to be afforded against all manner of persons according to the Equity and Circumstances of every such eases; And his Majesty's Chief Governor, or Governors, and other Governors and Magistrates for the time being, and 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 Writts, 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 pound 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 causes usually inserted in Acts of General Pardon or Oblivion, enlarging His Majesty's Grace, and Mercy, not herein particularied, 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 unto 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 persuance, of these Articles or any of them, after the Publication of the said Articles, or any Act or Acts which shall be done by virtue, colour, or pretence, of the power, or authority used, or exercised, by, & amongst, the confederate Roman Catholics after the date of these Articles, and before the said Publication shall not be accounted, taken, construed, or 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. 16. Item. It is further concluded accorded & agreed, by & between the said parties, and his Majesty is further graciously pleased, that an Act be passed in the next Parliament prohibiting that neither the Lord Deputy, or other chief Governor, Governors, Lord Chancellor; Lo. high Treasurer vice treasurer, Chancellor, or any of the Barons of the Exchequer Privy Council, or judges of the four Courts, be Farmours of His Majesty's Customs within this Kingdom. 17. Item. It is further concluded accorded and agreed, by and between the said parties. And His Majesty is further graciously pleased, that an Act of Parliament pass in this Kingdom against Monoples, such as was enacted in England 21. jacobr Regis, with a further clause of Repealing of all grants of Monopoles in this Kingdom, and that Commissioners be agreed upon by the said Lord Lieutenant, and the said Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Daniel o Bryon Knight, Sir Lucas Dillon Knight, Nicholas Plunket, Richard belings, Philip mac Hugh Rely, Terlogh o Neale, Thomas Fleming, Patrick Darcy, Gerrald Fennell, and Geoffrey Brown Esquires, or any five or more of them, to set down the Rates for the Custom, or Imposition to be laid on Aquavite, Wine, Oil, Yarn, and Tobacco. 18. Item, It is further concluded, accorded, and agreed, by and between the said parties, and his Majesty is further graciously pleased, that such persons as shall be agreed on by the said Lord Lieutenant, and the said Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Daniel o Bryen, Knight; Sir Lucas Dillon, Knight; Nicholas Plunket, Richard belings, Philip mac Hugh Rely, Terlogh o Neale, Thomas Fleming, Patrick Darcy. Gerrard Fennell, and Geoffrey Browne, Esquires; or any five or more of them shall be upon conclusion of these Articles, Authorized by Commission under the great Scale, to Regulate the Court of Castle Chamber, and such causes as shall be brought into, and censured in, the said Court. 19 Item, It is further concluded, accorded and agreed, by and between the said parties, And his Majesty is further graciously pleased, that two Acts lately passed in this Kingdom, prohibiting the Pluming with Horses by the tail, and the other prohibiting the burning of Oats in the Straw, be repealed. 20. Item, It is further concluded, accorded, and agreed, by and between the said parties, and His Majesty is further graciously pleased, that upon perfection of these Articles such course shall be taken against such 〈◊〉 have Displayed the Cessation, and will not submit to the Peace, if any shall Oppose it, as shall be just, and for the Peace of the Kingdom. 21. Item, It is further concluded, accorded, and agreed, by and between the said parties, And His Majesty is further graciously pleased, forasmuch 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 these Articles, whereof both Houses in the next ensuing Parliament shall desire the benefit of His Majesties said former directions for Redresses therein, that the same be afforded them, yet so, as for prevention of inconveniences to His Majesty's service, that the warning mentioned the 21. Article of the graces, in the fourth year of his Majesty's Reign, be so understood that the Warning being left at the persons dwelling houses, be held sufficient Warning, and that, as to the 22 Article of the said Graces, the Process hitherto used in the Court of Wards do still contin●e 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. 22. Item, It is further Concluded, Accorded, and Agreed, by and between the said parties, and His Majesty is further graciously pleased, that Maratine 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 the Sentence thereupon to be given by the Delegaces, to be Definitive, and not to 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. 23. Item, It is further concluded, accorded, and agreed, by and between the said parties. And His Majesty out of His abundant grace and goodness to His Subjects of this Kingdom is graciously pleased to assent, that His said Subjects be eased of the increase of Rents lately raised on them upon the Commission of Defective Titles, in the Earl of strafford's Government, this to be by Act of Parliament. 24. 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 of money which did accrue, or grow due by way of debt, mortgage, or otherwise, and yet not satisfied, since the 23. 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 year's next ensuing, no more shall be taken for use, or interest of money, than five pounds per Cont. and in all cases of equity arising through disability occasioned by the distempers of those times, the considerations of equity to be alike unto both parties. 25. Item, It is concluded, accorded, and agreed, by and between the said parties, And His Majesty is graciously pleased that the said Richard Lord Viscount Mountgarret, Donogh Lord Visc- Muskery, Sir Daniel o Bryen, Knight, Sir Lucas Dillon, Knight 3 Nicholas Pluncket, Richard belings, Philip mac Hugh o Ready, Terlogh o Neale, Thomas fleming, Patrick's Darcy, Gerrald Fennell, and Goffrey Browne, Esquires, shall be immediately upon conclusion of these Articles, Authorized by Act of State to proceed in, Hear, Determine, & Execute within the Cities, corporate Towns, Counties and part of Counties, now, or late, within the Quarters of the said Confederate Catholics, the ensuing particulars, and all matters thereupon depending, And that the said Act of State, and other the authorities hereafter mentioned shall remain of force without Revoration, Alteration, or Diminution, until Acts of Parliament be Passed according the purport and intent of these present Articles; only in case of death of any of the said persons so to be authorized, the Lord Lieutenant, or other chief Governor or Governors of this Kingdom for time being, shall by the advice and consent of the persons so to be authorized, then living, or any five or more of them, name others in the place of such who shall be so dead, and the persons so to be named, to be Authorized as the former, And that the persons to be Authorized as aforesaid, or any five or more of them be permitted without interruption to Applot Raise and Levic Means with indifferency and equality, upon all His Majesty's Roman Catholic Subjects of this Kingdom, for the Raising, Clothing, and bringing to Sea Ports, and Maintaining there, until they be shipped Ten Thousand men promised by the Confederate Catholics of this Kingdom to assist His Majesty, and to levy the Arrearea of all Excises, and other Public Taxes already imposed by them, and yet unpaid; and to call all Receivers and other Accomptants of all former taxes and public deuce, to a Just and strict Account, either by themselves, or by such as they, or any five or more of them shall name and appoint, And that the said persons to be authorized as aforesaid, or any five or more of them shall have power to Applot, Raise, and Levy, means, with indifferency and equality, by way of Excises, or otherwise, in the several Cities, Corporate Towns, Counties and parts of Counties now within the Quarters of the said Confederate Catholics, towards the Maintenance of such Army or Armies as shall be thought fit to continue, and be in pay, for the defence of the Kingdom, and towards the maintenance of all the Forts, Castles, and Garrisons within both, or either, of the now Quarters of either party, other than such of the said Garrisons, Forts, and Castles, as from time to time, until there be a settlement in Parliament, 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 persons so to be authorized, or any five or more of them, not to be maintained at the Charge of the Public, Provided that His Majesty's Lieutenant, or other chief Governors for the time being, be first made acquainted with such Taxes, Levies, and Excises as shall be made, and the manner of Levying thereof, and that he approve the same, And that the persons to be authorized as aforesaid, or any five or more of them shall be authorized to appoint Receivers, Gollectors, and all other Officers, for such moneys as shall be so assessed, and for the Arrears of all former Applotments, Taxes, and other Public Dues yet unpaid, And that the persons so to be authorized, or any five or more of them, in case of Refractoriness ', or Delinquency, may Distraint, and Imprison, and cause such Delinquents to be Distrained or Imprisoned, and that the Profits of the Estates, within the now Quarters of the Confederate Catholics, of such as shall adhere to the Parliament, and not submit to the Peace, be accounted as Public Deuce, and be converted to the Maintenance of the King's Army, And that the said persons to be authorized as aforesaid, or any five 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 Entertaining of Friggors, in such proportion and manner as shall be thought fit by His Majesty's Lieutenant, or other chief Governor, or Governors, for the time being, by and wish the Advice and consent of the said Richard Lord viscount Mountgarret, Donnogh Lord viscount Muskery, Sir Daniel o Bryen Knight, Sir Lucas Dillon Knight, Nicholas Plunket, Richard belings, Philip mac Hugh o Rely, Terlogh o Neale, Thomas Fleming, Patrick Darcy, Gerrard Fennell and Geoffrey Brown Esquires, or any five 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, by the said Lord Lieutenant, and the said persons to be authorized, as aforesaid, or any five or more of them, and to be issued, and the said Frigotts to be employed, by the Lord Lieutenant or other chief Governor, or Governors for the time being, for the safety of the Kingdom, by the advice and consent of the said Richard Lord viscount Mountgarret, Donnogh Lord viscount Muskery, Sir Daniel o Bryen, Sir Lucas Dillon, Nicholas Plunket, Richard belings, Philip mac Hugh o Rely, Terlogh o Neale, Thomas Fleming, Patrick Darcy, Gerrald Fennell, and Geoffrey Browne, or any five or more of them; And that the said persons so to be authorized as aforesaid, or any five or more of them shall have power to Applot, Raise, and Levy, Mesnes with indifferency, and equality, by way of Excises, or otherwise, in the several Cities Corporate Towns, Counties and parts of Counties, now within the Quarters and upon the Estates of the said Confederate Catholics all such sum and sums as shall appear unto the said persons, to be authorized as aforesaid, or any five or more of them, to be really due, for, and in discharge of, the public engagements of the said Confederate Catholics incurred or grown due before the Conclusion of these Articles, and that the said persons to be authorized as aforesaid, or any five or more of them shall have power to Applor, Raise, and Levy Means with indifferency and equality by way of Excise, or otherwise, in the several Cities, Corporate Towns; Counties and parts of Counties now within the Quarters of the said Confederate Catholics as well for the persons to be authorized as aforesaid, and also for such other person and persons as shall be Employed in Public Affairs within the several Cities, Corporate towns, Counties, and parts of Counties within the now Quarters of the said Confederate Catholics from time to time until a settlement by Parliament, And that the said persons to be Authorized as aforesaid, or any five or more of them, make perfect Books of all such moneys as shall be Applotted, Raised, and Levied, our of which Books, they are to make several and respective abstract, to be delivered under their hands, or the hands of any five or more of them, to the several and respective Collectors, who shall be appointed to Levy, & Receive the same; and that a duplicate of the said Books, under the hands of the said persons to be authorized as aforesaid, be delivered unto His Majesty's Lieutenant, or other Chief Governor or Governors for the time being, whereby a perfect account might be given. 26. Item. It is further concluded, accorded, and agreed, by and between the said parties and His Majesty is graciously pleased, that for the preservation of the Peace, & Tranquillity of the Kingdom, That the said Lord Lieutenant, and the said Lord viscount Mountgarret, Donnogh Lord Viscount Muskery, Sir Daniel o Bryen Knight, Sir Lucas Dillon Knight, Nicholas Plunket, Richard belings Philip mac Hugh o Rely, Terlogy o Neale, Thomas Fleming, Patrick Darcy, Gerrald Fennell, and Geoffrey Brown Esquires, or any five 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, and Goal delivery, in the several Counties, and parts of Counties, within the now Quarters of the Confederate Catholics, with such power as justices of the Peace, Oyerand Terminer, and Gaol delivery, in former times of Peace, have usual had; which is not to extend unto any Crime, or Offence, committed before the 15. of September 1643. And to be qualiffied 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 Cattle or Goods, heretofore taken by either party from the other, contrary to the Articles of cessations, but that the same shall be left to be determined in such way, as by these Articles is already prescribed, which Commissioners are to continue till settlement by Parliament, Si tam diu se bene gesserint, And if any who shall be so entrusted, shall misbehave himself in the execution of such trust, within that time, that then such other person or persons shall be appointed in his or their place, as shall be agreed on by His Majesty's Chief Governor, or Governors for the time being, by the Advice and Consent of the said persons so to be entrusted, or any five or more of them, and the said Commissioners are to make their Estreates as accustomed in time of Peace, and shall take the ensuing Oath, viz. You shall swear that as Justice of the Peace, Oyer and Terminer, and Goal delivery, in the Counties of A. B. C. in all Articles of the King's Commission to you directed, you shall do equal right to the poor and to the rich, after your Cunning Wit, and Power, and after the Laws & Customs of the Realm, and in persuance of these Articles; and you shall not be of Council of any quarrel hanging before you, And the Issues, Eines, and Amerciaments, which shall happen to be made, and all Forfeitures which shall happen before you; You shall cause to be enter d without any concealment or imbezeling, and truly send to the King's Exchequer; You shall not let for gift, or other cause, but well and truly you shall do your Office of justice of the Peace, Oyer and Terminer, and Gaol delivery in that behalf, and that you take nothing for your Office of Justice of the Peace, Oyer and Terminer 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 you God. And that as well in the said Commission, as in all other Commissions and authorities, to be issued in persuance of these present Articles, this Clause shall be inserted, viz. That all Officers, Civil and Marshal, shall be required to be aiding and assisting, and obedient unto the said Commissioners, and other persons to be authorized as abovesaid in the execution of their respective powers. 27. Item, It is further Concluded, accorded, and agreed, by and between the said Parties, And his Majesty is further graciously pleased, That none of the now Roman Catholic party shall from henceforth, until there be a settlement by Parliament, Sue, Implead, or Arrest, or be sued, Impleaded, or Arrested in any Court, Place. Judicature, or Tribunal, or before any Judge, Justice, or Commissioner whatsoever, other then before the Commissioners aforesaid, or in the several Corporations, or other Judicatures, within the now Quarters of the said Confederate Catholics, as hath, or have Power derived from His Majesty. 28. Item, It is further concluded, accorded, and agreed, by and between the said parties, and His Majesty is further graciously pleased, that His Majesty's Confederate 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, by such as His Majesty or his chief Governor of Governors of this Kingdom for the time being shall Appoint, and His Majesty his chief Governor or Governors of this Kingdom as aforesaid, is to issue Commissions, and appoint such person, and persons, as shall be named by His Majesty's chief Governor, or Governors for the time being, by, and with the advice and consent of the said Lord Viscount Mountgarret, Donnough, Lord Viscount Muskery, Sir Daniel o Bryen, Sir Lucas Dillon, Nicholas Plunket, Richard belings, Philip mac Hugh o Rely, Terlogh o Neale, Thomas Fleming, Patrick Darcy, Gerrald Fennell, and Geoffrey Browne, Esquires, or any five or more of them, for the execution 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 s●ch other person or persons to be appointed for the said Command, Rule, and Government to be named and 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 Lord Viscount Mountgarret, and the rest of the above mentioned parties to be authorized as aforesaid, or any five or more of them, shall think fit, and to be continued until settlement in Parliament, as aforesaid. 29. Item, It is further concluded, accorded, and agreed, by and between the said parties, and His Majesty is further graciously pleased, that all Customs belonging to His Majesty which from the perfection of these present Articles shall fall due within this Kingdom, shall be paid into his Majesty's Receipt, and to His use, any Request, Clause, or Demand, in the Act of Oblivion, or in any other former Propositions to the contrary notwithstanding; Provided, that all and every person and persons, who are at the present Entrusted within the now Quarters of the Confederate Catholics, by them the said Confederate Catholics in the Entries, Receipts, Collections, or otherwise concerning the said Customs, do continue their respective Employments in the same, until full settlement in Parliament; other than as to such, and so many of them, as to the chief Governor, or Governors, for the time being, by the advice and consent of the said Lord Viscount Mountgarret, and the other persons to be authorized as aforesaid, or any five or more of them shall be thought fit to be altered, and then, and in such case, or in case of death, or misbehaviour, or other alteration, of any such person or persons, such other person or persons to be employed as shall be thought fit, by the Chief Governor or Governors for the time being, by, and with the advice and Consent of the said Lord Viscount Mountgarret, and the rest of the persons to be authorized as aforesaid, or any five or more of them; And as to His Majesty's Rents to grow due, at Easter next, and from thenceforth, the same to be payable unto His Majesty notwithstanding any thing contained in the Article of the Act of oblivion, or in any other Article to the contrary, but the same not to be Written for, or Levied, unitll a full settlement in Parliament, as aforesaid. 30. Item. It is further concluded, accorded, and agreed, by and between the said parties; And His Majesty is further 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 Reek, or Stacks, Robberies, Burglaries, forceable entries, Detainers of Possessions, and other Offences, commiteed, or done, and to be committed and done from the 15 day of September, 1643. until the first day of the next Parliament. These present Articles, or any 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 and Act whatsoever before the conclusion of this Treaty by virtue or colour of any Warrantor direction from those in public Authority among the Confederate Catholics; nor unto any Act which shall be done after the perfecting and concluding of these Articles by virtue of pretence of any authority, which is now by these Articles agreed on; Provided also the said Commission shall not continue longer then to the first day of the next Parliament. In witness whereof his Excellency the marquis of Ormond, Lord Lieutenant of Jreland His Majesty's Commissioner to that part of these Articles remaining with the said Richard Lord Viscount Mountgarret, Donnogh, Lord Viscount Muskery, Sir Robert Talbot, Baronet; Dermot o Bryen, Patrick Darcie, Geoffrey Browne, and John Dillon, Esquires; And the said Richard Lord Viscount Mountgarret, Donnogh, Lord Viscount Muskery, Sir Robeat Talbot, Baronet; Dermot o Bryen, Patrick Darcy, Geoffrey Browne and John Dillon, Esquires; to that part of these Articles remaining with the said Lord Lieutenant, have put their hands and seals at Dublin this 28 day of March 1646. and in the two and Twentieth year of the Reign of our Sovereign King CHARLES King of Great Britain, France and Ireland, etc. FINIS.