THE PROPOSITIONS OF THE ROMAN CATHOLICS OF IRELAND, Presented by their Commissioners to His Sacred Majesty, in April, M. DC. XLIV. As also the Answer of the Agents for the Protestants of Ireland, made to the said Propositions; and their Petition and Propositions to His Majesty; with His Majesty's answer to the Propositions of the said Roman Catholics: And the answer of JAMES marquis of Ormond His Majesty's Commissioner for the treaty and concluding of a Peace in the Kingdom of Ireland, to the said Propositions. 〈…〉 Waterford by Thomas Bourke, Printer to the Confederate 〈…〉 Catholics of Ireland, M. DC. XLIV. TO THE READER. WHereas the Supreme Council of the Confederate Catholics of Ireland, employed several persons of quality into England, authorized by Commission to supplicate his Majesty, for redress of the grievances of the said Catholics, and to settle a firm peace in Church, and Commonwealth, who having then for some time attended His Majesty to that purpose, His Majesty's good intentions to the peace of this Kingdom, was for that present diverted, by the false Informations of persons ill affected to this Nation, whose suggestions happened to be then listened unto, and answers accordingly given: So as the said Commissioners returned into this Kingdom, with hopes only, that His Majesty might in time be better possessed of the power, and affections of His Catholic subjects here, and of the use to be made thereof, His Majesty being pleased notwithstanding the said informations to give Commission to the Lord Marquis of Ormond, Lieutenant General of Ireland, for the continuance, and concluding of the treatre, begun before His Majesty; In pursuance of which Commission, the said Catholics presented their propositions, the same in substance they first presented to His Majesty in Oxford, unto which some answers were made, which being no way satisfactory, were replied unto, and so the matter proceeded to a long dispute, & debate, wherein many difficulties occurring, the treaty was adjourned, and so continues till the tenth of january next, by which time His Majesty's resolution upon the whole matter represented unto him is expressed, & a firm, & lasting peace hoped for. This being the state the treaty is in at this time, it may be conceived improper to give an account of the particular passages which are but overtures, and alterable, as it is well hoped, and little to be doubted, but that in this they will be, yet some to breed distraction and mistrusts among the said Confederates, or blinded with private and ambitious ends, and impatient of any delay, have been so malicious, or mistaken, as to traduce the said Confederate Catholics, and their Commissioners affirming they might have obtained Conditions satisfactory to any reasonable people, but that they rejected the same. To satisfy therefore all indifferent judgements that may enter into the consideration of the said proceed, and to make it manifest, that the whole scope of the said Catholics was, and is for the freedom of the Nation in their Religion, Estates, and Liberties, with out trenching upon His Majesty's rights, or other end, and that it may appear how fare the proceed hitherto come short of that: It was thought necessary to expose those proceed to public view, by putting them to the press, so to cast off those aspersions, that ignorant, or malicious persons endeavour to cast upon them, having yet nevertheless assured hopes that His Majesty will in time afford remedies to these Complaints, and with a gracious eye look upon the sufferings of this afflicted nation. The propositions of the Roman Catholics of Ireland humbly presented unto His Sacred Majesty, in pursueance of their Remonstrance of grievances, and to be annexed to the said Remonstrance. 1. THat all Acts made against the professors of the Roman Catholic Faith whereby any restrainte, 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. 2. That your Majesty will be pleased to call a free Parliament in the said Kingdom, to be held, and continued as in the said Remonstrance is expressed and the statute of the tenth year of King Henry the seventh, called Poynings act, and all acts explaining, or enlarging the same be suspended, during that parliament for the speedy settlement of the present affairs, and the repeal thereof to be there further considered of. 3. That all acts, and ordinances made and passed in the now pretended parliament in that Kingdom since the seventh day of August 1641. be clearly annulled, and declared void, and taken of the file. 4. That all Indictments, Attainders, Outlawries, in the King's Bench, or elsewhere since the said seventh day of August 1641. And all letters patents. grants, leases, custodiums, bonds, recognizances, and all other records, act, or acts depending thereupon, or in prejudice of the said Catholics, or any of them be taken off the files, annulled and declared void: first by your Majesty's public Proclamation, and after by act to be passed in the said free Parliament. 5. That inasmuch as under colour of such outlawries, and attainders, debts due unto the said Catholics have been granted, levied, or disposed of, and of the other side, that debts due upon the said Catholics to those of the adverse party have been levied, and disposed to public use, that therefore all debts be by act of Parliament mutually released, or, all to stand in statu Quo. notwithstanding any grant, or disposition. 6. That the late offices taken, or found upon feigned, or old titles since the year 1634. to entitle Your Majesty to several Countries in Connaght, Thomond, and in the Counties of tipperary, Lymmericke, Kilkenny, and Wickloe, be vacated, & taken off the file, & the possessors settled, & secured in their ancient estates by act of Parliament. And that the like act of limittation, of your Majesty's titles for the security of the estates of your subjects of that Kingdom be passed in the said parliament, as was enacted in the one and twenty year of his late Majesty's reign in this Kingdom. 7. That all Marckes of incapacity imposed upon the natives of that Kingdom to purchase, or acquire lands, leases, offices, or hereditaments be taken away by act of parliament, and the same to extend to the securing of purchases, leases, or grants already made. And that for the education of youth an act be passed in the next parliament, for the erecting of one, or more Inns of Court, Universities free, and common schools. 8. That the offices, and places of command honour, profit, and trust within that Kingdom be conferred upon Roman Catholics natives in equality, and indifferency with your Majesties other subjects. 9 That the insupportable oppression of your subjects by reason of the Court of Wards, and respite of homage, be taken away, and a certain revenue in lieu thereof settled upon your Majesty without diminution of your Majesty's profit. 10. That no Lord not estated in that Kingdom, or estated, and not resident shall have vote in the said parliament by proxy, or otherwise, and none admitted to the house of Commons, but such as shall be estated, and resident within the Kingdom. 11. That an act be passed in the next parliament declaratory that the parliament of Ireland is a free parliament of itself, independent of, and not subordinate, to the parliament of England: And that the subjects of Ireland are immediately subject to your Majesty as in right of your Crown: and that the members of the said parliament of Ireland, and all other the subjects of Ireland are independent, and no way to be ordered, or concluded by the parliament of England, and are only to be ordered, and governed within that Kingdom by your Majesty and such Governors as are, or shall be there appointed, and by the parliament of that Kingdom according to the laws of the land. 12. That the assumed power, or jurisdiction in the Councell-boord of determining all manner of causes, be limited to matters of state, and all patents, estates, and grants illegally, and extrajudicially avoided there, or elsewhere be left in state as before, and the parties grieved, their heirs, or assigns, till legal eviction. 13. That the statutes of the eleventh, twelfth, and thirteenth year of Queen Elizabeth concerning stapple-commodities be repealed, reserving unto your Majesty lawful, and just pondage, and a book of rates to be settled by an indifferent Committee of both houses, for all commodities. 14. That in as much as the long continuance of the chief governor, or governors of that Kingdom in that place of so great eminency, and power, hath been a principal occasion that much tyranny, and oppression hath been exercised upon the subjects of that Kingdom. That your Majesty will be pleased to continue such governors hereafter but for three years. And that none once employed therein be appointed for the same again, until the expiration of six year's next after the end of the said three years: And that an act pass to disinable such governor, or governors during their government, directly, or indirectly, in use, trust, or otherwise to make any manner of purchase, or acquisition of any manors, lands, tenements or hereditaments within that Kingdom, other then from your Majesty, your heirs or successors. 15. That an act may be passed in the next parliament for the raising & settling of trained bands within the several Counties of that Kingdom, as well to prevent foreign invasions, as to render them the more serviceable and ready for your Majesty's occasions, as cause shall require. 16. That an act of oblivion be passed in the next free parliament to extend to all your Majesties said Catholic subjects, and their adherents for all manner of offences, capital; criminal, and personal: And the said act to extend to all goods, and chattels, customs, maine-profits, prizes, arrears of rents taken, received, or incurred since these troubles. 17. For as much as your Majesties said Catholic subjects have been taxed with many inhuman cruelties which they never committed, your Majesty's said suppliants therefore, for their vindication, and to manifest to all the world their desire to have such heinous offences punished, and the offenders brought to justice, do desire, that in the next Parliament, all notorious murders, breaches of quarter, and inhuman cruelties, committed of either side, may be questioned in the said Parliament, if your Majesty so think fit, and such as shall appear to be guilty to be excepted out of the said act of oblivion, and punished according their deserts. For as much DREAD SOVEREIGN, as the ways of our addresses unto your Majesty for apt remedies unto our grievances were hitherto debarred us, but now at length through your benign grace and favour laid open, We do humbly present these in pursuance of the said Remonstrance, which granted your said subjects are ready to contribute the ten thousand men as in their remonstrance is specified towards the suppressing of the unnatural rebellion now in this Kingdom: And will further expose their lives, and fortunes to serve your Majesty, as occasions shall require. The Answers of the Agents for the Protestants of Ireland, to the Propositions of the Roman Catholics of Ireland, made in pursuance of his Sacred Majesty's directions of the ninth of May 1644. requiring the same. 1, TO the first we say that this hath been the pretence of almost all those who have entered into Rebellion in the Kingdom of Ireland at any time since the Reformation of Religion there which was settled by act of Parliament above eighty years since, and hath wrought good effect ever since, for the peace and welfare both of the Church and Kingdom there, and of the Church and Kingdom of England and Protestant party throughout all Christendom, and so hath been found wholesome and necessary by long experience, and the repealing of those Laws will set Popery again both in jurisdiction, profession, and practice, as it was before the said Reformation, and introduce amongst other inconveniences, the Supremacy of Rome, and take away, or much endanger your Majesty's Supreme and just authority in causes Ecclesiastical, a diminution of honour and power not to be endured. The said acts extending aswell to seditious sectaries, as to popish Recusants. So as by the repeal thereof, every man may seem to be left to choose his own Religion in that Kingdom which must needs beget great confusion, and the abounding of the Roman Clergy there, hath been one of the greatest occasions of this late Rebellion, Besides it is humbly desired that your Majesty will be pleased to take into your gracious Consideration a clause in the act of Parliament passed by your Majesty's Royal assent in England in the seventeenth year of your reign touching punishment to be inflicted upon those that shall introduce the authority of the See of Rome in any case whatsoever. 2. Whereas they desire to have a free Parliament called, reflecteth by secret and cunning implication upon your Majesty's present Parliament in Ireland as if it were not a free Parliament. We humbly beseech your Majesty to resent how dangerous it is to make such insinuation or intimation to your people of that kingdom touching that Parliament, wherein several acts of Parliament have already passed, the validity where of may be endangered if the Parliament should not be approved as a free Parliament, and it is a point of so high nature as we humbly conceive is not properly to be discussed but in Parliament. And your Majesties said Parliament now sitting is a free Parliament in Law, holden before a person of honour and fortune in that Kingdom composed of good loyal, and well affected subjects to your Majesty, who doubtless will be ready to comply in all things that shall appear to be pious and just for the good of the true Protestant Religion, and for your Majesty's service, and the good of the Church, and State, That if this present Parliament should be dissolved, it would be a great terror, and discontent to all your Majesty's protestant subjects of that kingdom, and may be also a means to force many of your Majesty's subjects to quite that Kingdom, or peradventure to adhere to some other party there in opposition of the Romish Irish confederates, rather than be liable to their power, which effects may prove of most dangerous consequence, and we humbly offer to your Majesty's consideration your own gracious expressions mentioned in the grounds and motives inducing your Majesty to agree to a Cessation of Arms for one whole year with the Roman Catholics of Ireland Printed at Oxford the ninth of October 1642. viz. And let all our good subjects be assured that as we have for these reasons, and with this caution, and deliberation consented to this preparative to peace. And to that purpose do continue our Parliament there, so we shall proceed in the accomplishment thereof with that care, and circumspection, that we shall not admit even peace itself other wise then as it may be agreeable to conscience, honour and justice. We also humbly desire that such Laws as your Majesty shall think fit to pass may be transmitted according to Poynings Law, and other laws of explanation thereof, or of addition thereunto now in force with great contentment and security to your Majesty's protestant subjects. But if the present Parliament be dissolved we humbly represent unto your Majesty that so many of your ablest, and best protestant subjects have been murdered, or banished by this Rebellion, that few or no protestant Freeholders will be found in the Counties, Cities, and Burroughs to elect, and choose Knights, Citizens, and Burgesses, which will be most dangerous to your Majesty's rights and prerogatives and good subjects, and may beget great disputes in after times for the repealing of Poynings Act, notwithstanding their feigned expressions of their loyalty. Yet it plainly appears they do not repose sucht rust inyour Majesties justice as it becometh lo yall subjects to do, and such they pretend themselves to be, for that they seek thereby to prevent your Majesty and your Council of England, & Ireland of so full a view, & time of mature consideration to be had of acts of Parliament of Ireland before they pass as in prudence is requisite, and hath been found necessary by the experience of well near two hundred years, And if their intentions were so clear as they profess we know not why they should avoid the strictest view, and trial of your Majesties, and your Counsels of both Kingdoms. This they desire intending to introduce a great diminution of your Royal and necessary power for the conservation of your Regal State, and protection of your good protestant subjects there and elsewhere. And what special use they aim at in seeking such repeal your protestant subjects as they know not the particular so can they conjecture of none unless the said Confederates have some design by way of surprise to obtrude upon your Majesty in their new desired Parliament some acts in justification of their ill done actions, and for condemning such of your protestant subjects as have in their several degrees most faithfully served your Majesty there, which we the rather believe seeing they have proved by their oath of Association, and the Bull lately published in Ireland since the Cessation, the destruction of the Protestants there, when they have their swords in their hands to put the same in execution. 3. We humbly desire that they may particularise those orders or ordinances which may prejudice your Majesty's service. For we are well assured that the Parliament now sitting in Ireland on signification of your Majesty's pleasure therein, either will give your Majesty full satisfaction, or repeal any unjust orders, or ordinances whatsoever, which may be prejudicial to your Majesty. And there may be some orders, or ordinances which may concern particular persons in their lives, liberties, or fortunes, that may suffer unheard by the admitting of so general a proposition, which is merely proposed, as we humbly conceive to put a scorn on your Majesty's parliament now sitting there, and to discourage your protestant subjects who have faithfully served your Majesty in that parliament. 4. This we conceive to be a very bold proposition not warranted as we also conceive by any example, & tending to introduce an ill precedent in after times, for it was never seen that Records were taken of the file but where there was some corruption, or fraud, or some illegal, or unjust carriage used in, and concerning the procuring, or making up of such Records, and the same first well proved upon due examination, And it may not only conceal, but in some fort seem to justify their abominable Treasons, Murders, Cruelties, Massacres, and plunders acted against your Majesty's person Crown and dignity, upon the persons of your Majesty's most loyal protestant subjects in that Kingdom, and encourage the Papists there to do the like again, besides the discouragement it may beget in your Majesty's officers, and subjects to their duties in the like insurrections which may happen hereafter, which also may prove very prejudicial to your Majesty's rights and revenues, if the Records to support the forfeitures wherein many of them are or may be grounded, should be taken of the file, and Canceled. 5. We humbly conceive that in times of peace, and most settled government. When the Court of Law and justice is most open, & best observed, that the debts due to the Crown and actually levied and paid in to your Majesty's use, ought not to be restored though the Records of the forfeitures should legally be reversed, which is fare from the present case, And this proposition tendeth to cross the just right of your Majesty, and to make the disposition by the Confederate popish Rebels of debts due to protestants, and by the said rebels by fraud and force levied, and disposed in maintenance of their rebellion, which commonly they call by the name of public uses, to be in equal degree with the debts owing by the rebels and by them all forfeited, and many of them by law duly levied, which is a most unequal and unjust thing. And the said propositions cannot, nor doth make offer to have the popish Confederates cut off from the debts due to them which they have justly forfeited, but only for a colour of consideration, to have the protestants lose such debts justly due to them, as have been unjustly taken from them, who have done no act at all to forfeit them. 6. We know not of any offices found on feigned Titles, nor what the Confederates may demand in respect of any graces promised by your Majesty, which we intent not, nor have any occasion to dispute, but do humbly conceive that all those who have committed treason in the late rebellion subsequent to your Majesty's promise of those graces, have thereby forfeited the benefit thereof together with the Lands which the said graces, might else have related, and so their whole estates are now justly fallen to your Majesty by their rebellion, which we conceive is of great importance for your Majesty's service to be taken into consideration, as first with regard of the statutes made in the present Parliament of England. Secondly the necessary increase of your revenue decayed by the present rebellion. Thirdly the abolishing of the evil custom of the Irish, and preservation of Religion, Laws and government there. Fourthly the satisfaction of your protestants subject's losses in some measure. Fiftly the arrears of your Majesty's Army, and other debts contracted for that war, & for preservation of that Kingdom to your Majesty. Sixtly the bringing in of more British on the plantations. Seventhly the building of some walled Towns in remote, and desolate places for the security of that kingdom, and your good subjects there. Eightly the taking of the Natives from their former dependency on their chieftains who usurped an absolute power on them to the diminution of your Regal power, and to the oppression of the inferior. 7. This we conceive concerneth some of the late plantations and no other part of that Kingdom, and that the restitution herein mentioned is found to be of great use especially for the indifferency of trials strength of the government, and for trade and traffic, and we humbly conceive that if other plantations shall not proceed for the settling, and securing of that Kingdom, & that no restraint be made of papists purchasing, or buying of the protestants out of their former platations where they were prudently planted, though now cast out of their estates by the late rebellion, & unable to plant the same again for want of means, and therefore probably upon easy terms will part with their estates to the Confederates. That those plantations will be destroyed to the great prejudice of your Majesty's service, and endangering of the safety of that Kingdom. Touching bearing of offices we humbly conceive that their non-conformity to the laws and statutes of that Realm is the only mark of incapacity imposed upon them. And we humbly conceive that they ought not to expect to be more capable there then the English Natives are here in England in like case. For Schools in Ireland there are divers settled in all parts of that Kingdom already by the Laws and statutes of that Realm. And if any person well affected shall erect, and endow any more schools there, at their own charges, So that the Schoolmasters and scholars may be governed according to the laws, custom, and orders of England, and the best of free schools here. We cannot apprehend any just exceptions thereunto, but touching Universities, and Innes-of-Court. We humbly conceive that this part of the proposition savoureth of some desire to become independent upon England, or to make a separation in the Religion and laws of the kingdom, which can never be truly happy but in the good unity of both in the true protestant religion, and in the laws of England. For as for matter of charge such of the Natives as are desirous to breed their sons for learning in divinity can be well content to send them to the Universities of Louvain, Douai, and other places in foreign Kingdoms, and for Civil law or Physic to Milan, & other places which draws a great treasure yearly out of your Majesty's Dominions, but will send few, or none of them to Oxford or Cambridge, where they might as cheaply be brought up and become as learned, Which course we conceive is holden out of their pride and disaffection towards this Kingdom, and the true Religion here professed. And for the laws of the land which are for the Common-lawes agreeable to England, so for the greatest part of the statutes, the Inns of Courts in England are sufficient and the protestants come thither without grudging, And it is a means to civilize them after the English customs to make them familiar, and in love with the language, and Nation to preserve law in the purity when the professors of it shall draw of one original fountain, and see the manner of the practice of it in the same great Channel where his Majesty's Courts of justice of England do flow clearly. Whereas by separations of the Kingdoms in the place of their principal instruction where their foundations in being are to be laid, a degenerate corruption, in Religion and justice may happily be introduced, and spread with much more difficulty to be corrected and restrained afterwards by any discipline to be used in Ireland, or punishments there to be inflicted for departing from the true grounds of things that are best preserved in unity when they grow out of the same root, then if such Universities and Inns of Court as are proposed should be granted. All which we humbly submit to your Majesty's most pious and prudent Consideration and judgement. 8. We humbly conceive that the Roman Catholics Natives in Ireland may have the like offices, and places as the Roman Catholics Natives of England here have, and not otherwise. Howbeit we conceive that in the generality they have not deserved somuch by their late rebellion. Therefore we see not why they should be endowed with any new or further capacity or privileges than they have by the Laws, and statutes now in force in that Kingdom. 9 We know no oppression by reason of the Court of Wards, and we humbly conceive that the Court of wards is of great use for the raising of your Majesty's revenues, the preservation of your Majesty's Tennures, and chief the education of the Gentry in the protestant Religion, and civility of learning, and good manners who otherwise would be brought up in ignorance, & barbarism, their estates be ruined by their kindred, and friends, and continue their dependence on the chief Lords to the great prejudice of your Majesty's service and protestant subjects, and there being no colour of exception to your Majesty's just Title to wardships, we know not why the taking away of Court concerning the same should be so pressed, unless it be to prevent the education of the Lords and Gentry that fall-wards in the protestant religion, For that part of this proposition which concerns respite of homage, we humbly conceive it reasonable that some way may be settled for this, if it stands with your Majesty's good pleasure, without prejudice to your Majesty, or your protestant subjects. 10. We humbly conceive that in the year 1641. by the graces which your Majesty then granted to your subjects of Ireland, the matter of this proposition was in a fair way regulated by your utter abolishing of blank proxies, & limiting Lords present, and attending in the Parliament of Ireland that no one of them should be capable of more proxies than two, and prescribing the Peers of that Kingdom not there resident to purchase fitting proportions of land in Ireland within five years from the last of july 1641. or else to lose votes till they should make such purchase: which purchase by reason of the troubles happening in that Kingdom, & which have continued for two years, and a half, have not peradventure yet been made. And therefore your Majesty may now be pleased, and may take just occasion to enlarge the time, when that Kingdom may again be settled in a happy and firm peace: And as to members of the house of Commons the same is most fit as we humbly conceive to be regulated by the Laws, and statutes of that Kingdom. 11. This proposition concerns your Majesty's high Court of Parliament both of England and Ireland, and is beyond our abilities who are not acquainted with the Records, and precedents of this nature to give an answer unto, and therefore We humbly desire your Majesty's pardon for not answering unto the same. 12. The Council-table hath always exercised jurisdiction in some cases ever since the English government was settled in that Kingdom, and is of so long continuance in cases of some natures, as the beginning thereof appeareth not, which seemeth to be by prescription and hath always been armed with power to examen upon oath as a Court of justice, or in nature of a Court of justice in cases of some natures, and may be very necessary still in many Cases, especially for the present, till your Majesty's Laws may more generally be received in that Kingdom: And we conceive that Board is so well limited by printed Instructions in your Majesty's Royal fathers, and by your Majesty's Grace in the seventeenth year of your Reign, that it needeth for the present little, or no further regulating at all: Howbeit they humbly refer unto your Majesty's great wisdom, and goodness to do therein, as to Law and justice shall appertain. 13. The matter of this proposition is settled in a fitting and good way by your Majesty already, as we conceive amongst the Graces granted by your Majesty to your people of Ireland in the seventeenth year of your Reign, to which we humbly refer ourselves. 14. We humbly conceive that this proposition tendeth to lay a false and scandalous aspersion upon your Majesty's gracious government over Ireland: And that it trencheth very high upon your Wisdom, justice and Power, & under colour of supposed corruptions pretended to be in the greatest Officer that commandeth under your Majesty there, if he continue so long in his government as may well enable him to find out and discover the true state of that Kingdom, and the dangerous dispositions and designs of the Popish party there, to prevent him therein; and to turn him out from doing service before, or as soon, as he is throughly informed, and experienced how to do the same, and then to hold him excluded so long that in all likelihood he shall not live to come to that place the second time, which we humbly conceive will be a great discouragement to any person of honour and fortune to serve your Majesty in that high trust: And for the purchasing lands in that Kingdom, your Majesty may be pleased to leave them to the Laws, and punish them severely if they commit any offence, or exercise any oppositions under colour of purchasing of any lands or estates whatsoever. 15. The having of trained bands in Ireland for the present cannot under favour be for your Majesty's service or the safety of that Kingdom: For that the Protestants by the sad effects of the late Rebellion are so much destroyed that the said bands must consist in effect altogether of the Confederate Catholics, and to continue them in arms stored with ammunition, and made ready for service by mustering, and often training, will prove under colour of advancing your Majesty's service against foreign invasion, a mere guard and power over popish forces always in readiness to protect the Popish Confederates, and by force, and Arms according to their late oath and protestations to execute all their cruel designs for extirpation of the Protestant Religion and English Government both which they mortally hate; Howsoever in cunning they dissemble it, and to prevent the settling an army of good Protestants, without which your Majesty's good subjects cannot live securely there. 16. We humbly pray, that the Laws of force be taken into consideration, And do humbly conceive that your Majesty in honour and justice may forbear to discharge, or release any actions, suits, debts, or interests whereby your Majesty's protestant subjects who have committed no offence against your Majesty or your Laws should be barred or deprived of any of their legal remedies or just demands which by any of your Majesty's Laws and statutes they may have against the popish Confederates (who are the only delinquents) or any of their party for or in respect of any wrongs done unto them, or any their ancestors, or predecessors, in or concerning their Lands, goods, or estates since the contryving or breaking forth of the rebellion, The said Confederates having without provocation shed so much innocent blood, and acted so many cruelties as cannot be parralleled in any story, And we conceive it to be high presumption in them upon so weak grounds to propound an act of oblivion in such general terms, some of the Confederates having been contryvers or actors of such cruel murders and other acts of in humanity as cry to God, and your Sacred Majesty for justice, And they having of your Majesty's Revenues, customs, subsides and other rights of your Crown in their hands or destroyed by them to the value of twenty hundred thousand pounds and more. 17. We conceive this proposition is made but for a flourish, & if the Confederates be so desirous to try their innocence as they pretend they need not stay for another Parliament in Ireland, but submit to that which is now in being, which is an equal and just Parliament, as in some of your reasons touching that point is expressed, and they offering to draw it to a new Parliament, is in effect to desire that they may be their own judges, for as that Kingdom is now embroiled and wasted, the chief delinquents, or Confederates will be so prevalent a faction in the next Parliament, that they will be able, and doubtless will clear all the popish party how guilty soever, and condemn all the protestants how innocent soever. These answers to the high, and unexpected demands of the Confederates, we have framed in humble obedience, to your Majesty's directions, but being very sensible as of the weight and great importance of the business so also of our own weakness and want of time, and well knowing that some of your Privy Counsellors, judges, and Officers of that Kingdom are now in Town sent for over, and here attending by your Majesty's command, who by their long observation and experience of the affairs and state of Ireland, are better able to give your Majesty more full and satisfactory answers touching the premises than we can, And conceiving that the Collections in Answer to the said Confederates Remonstrance, which we humbly presented to your Majesty the 27. of the last month of April, may in many things give your Majesty more light than these our answers do or can. We humbly beseech your Majesty that the said privy Counsellors, ludges, and Officers as occasion shall require may be called upon and heard to give your Majesty the better satisfaction in these particulars, and that to the same purpose the Book of the said Collections may be perused, and considered of, as your Majesty shall find most requisite. The humble petition of divers of your Majesty's Protestant subjects in your Kingdom of Ireland, as well Commanders of your Majesty's Army here, as others whose names are subscribed in the behalf of themselves, and other your Protestant subjects in this your Kingdom. To the Kings most Excellent Majesty. Showeth, that this your Highness' Kingdom, reduced with a vast expense of treasure, and much effusion of British blood, to the obedience of the Imperial Crown of England, hath been by the Princely care of your progenitors, especially of Queen Elizabeth, and of your Royal Father of ever blessed memory, and your sacred Majesty in many parts happily planted, great sums of monies disbursed in building and improvements, Churches edified, and endowed, and frequented with multitudes of Protestants, and your Custom, and revenues raised to great yearly sums, by the industry of your Protestant subjects especially, and great sums of monies by way of subsidies, and contributions cheerfully paid unto your Majesty by your said subjects, in which happiness this your Kingdom hath flourished in a long continued peace, and under your highness' most glorious, and happy government, until that by the present general rebellion and conspiracy, raised out of detestation of your blessed Government, and for the rooting out of the Protestant Religion, and so for the dispossessing of your Majesty of this your said Kingdom, without the least occasion offered by your Majesty▪ or the Protestant subjects; And notwithstanding that your Majesty immediately before had enlarged beyond precedent your Royal favour and bounty to them in granting all that their and our joint Agents did desire of your Majesty, and we continuing amongst them in all love and amity without distrust your petitioners and others who laboured to oppose those damnable designs and practices have been driven from their dwelling, estates, and fortunes, their houses, and Churches, burnt, and demolished, all monuments of civility utterly defaced your Majesty's Forts and places of defence thrown down, and the Common, and statute laws of this your Kingdom utterly confounded, by taking on themselves the exercise of all manner of authorities, and jurisdictions Ecclesiastical and Civil, both by land and sea, proper and particular to your sacred Majesty being your just prerogatives, and the Royal flowers of your Imperial Diadem, to the disherison of your Crown, and your royal revenues brought to nothing; And the Protestant Clergy with their Revenues, and support for the present destroyed This your Kingdom in all parts formerly inhabited by British Protestant's now depopulated of them, and many thousands of your Protestant most barbarously used, stripped naked, tortured, famished, hanged, buried alive, drowned, and otherwise (by all barbarous cruel sorts of death) murdered, and such as yet remain alive of them are reduced to that extremity, that very few of them have wherewithal to maintain a being; And all of them so terrified and afflicted, with those barbarous and inhuman cruelties, the true reports whereof being now spread abroad into the Christian world, your suppliants conceives fears, your Majesty's British subjects will be discouraged from coming again to inhabit this Kingdom: And the remnant of the British left here will be forced to departed; All this being done by the Conspiracy of the Papists who did publicly declare the utter extirpation of the Protestant Religion and all the British professors thereof out of this your Majesty's Kingdom, and to the end this may the better in some measure appear, your suppliants have made choice of Captain M. William Ridgeway, Sir Francis Hamilton Knight and Baronet, Captain Michael jones, and M. Fenton Parsons whom they have employed and authorized as their Agents, to manifest the truth thereof, in such particulars as for the present they are furnished withal, referring the more ample manifestation thereof to the said Captain M. William Ridgeway, Sir Francis Hamilton, Captain jones, and Fenton Parsons, or any three or more of them, and such other Agents as shall with all convenient speed be sent as occasion shall require to attend your Majesty from the Protestant subjects of the several Provinces of this your Kingdom. We therefore your Majesty's most humble, loyal and obedient Protestant subjects casting down ourselves at your Royal feet, and flying to you for succour and redress in our great calamity as our most gracious Sovereign Lord and King, and next and immediately under Almighty God our protector and defender, most humbly beseeching your Sacred Majesty to admit into your Royal presence from time to time our said Agents, and in your great wisdom to take into your Princely care, and consideration the distressed estates and humble desires of your said subjects, for that the glory of God your Majesty's honour, and the happiness of your good subjects the Protestant Religion may be restored through the whole Kingdom to its lustre, and the losses of your Protestant subjects may be repaired in such manner, and measure as your Majesty in your Princely wisdom shall think fit, and that this your Kingdom may be so settled as that your said Protestant subjects may hereafter live therein under the happy government of your Majesty and your Royal posterity, with comfort and security▪ whereby your Majesty will render yourself throughout the whole world a most just and glorious defender of the Protestant Religion, and draw down a blessing on all other your Royal undertake for which your Petitioners will ever pray, etc. A list of the names of those who have underwritten their names to this petition. GEorge Kildare. Montgomerye. H. Blany. W. Ridgeway. ja. Montgomery. Cham Coote. Fra. Hamilton. Arthur Forbis. Robert Han'y. Fra. Slinsby. William coley. Arthur blundel. ja. Dunbar. Ed Powey. Tho. Meredith. Arthur Loftus. William Vsher. Geo. Monk. Francis Willoughby. Robert Sterling. Io. Morris. Henry jones. Io. Piggot. Robert Bayly. Fra. Moor. Ed Philpot. W. Parson's junior. Arthur Culme. Erasmus Burrowes. Io. Edgeworth. William Dodwell. Io. Newman. William Plunket. Io Ferrar. Io. cliff. Peter Wybrants. Theod. Scout. Brean Stapleton. Da. Dunbar. Tho Nill. Geo. Lawnder. Hen. Tillier. Hugh Cogh●an, William Gilbert. William Montgomery. ja. Calvill. William johnson. Geo. Montgomery. Robert Wh●●field. Io. Lo●bell. Hugh Montgomery. Io Rayvan. josaa Wheeler. Arch Hamilton. William White. William Piggot. Tho. Tully. Roger Atkinson, Nich▪ Simpson, Oli Wheeler. William Alsry. Adam Meredith. Tho. Coote. Edw Piggot. ja. Deroaile. Geo Boothe. William Knight. Robert Sanderson. ja. Starling. An. Dopping. Radeliffe Du●kinfield. William Lu●●●. Tho. Leigh. Dan. Hester. Robert ●er●ivall. ja. Crawford. Stephen Allen. William Anberry. john Doyle. Edw. Spring. Io. johnson. Tho. Almer. Io. Hoy. Robert kennedy. Cooley 〈◊〉. Robert Co●●. Robert Stewar●. Tho. White. Pat. Connemag. Dudley coley. Nic. Pinnar. Sa Mull●nax. ja. Kennedy. Hen. Kenney. William Hamilton. William Billing. William Vmphry. Hugh jonne. Io. Leight. Andr Brereton. Io Clerk. Roger Holland. Io. S●erring. Mar. Higginson. Io. Waller. johauth Holt. Edw. Fisher Capt. Tho. Lewton. Tho. M●nley. Ios. Holt. Io. C●mberlege. And. Cumble. Geo. Chibaldist▪ Io. Ro●. Fra Barser. Nath. Stoug●●●●. William. Boding●on. And. ●●●●g. Edw. Barten. Io. Pinrose. Will Richardson. Robert Masson. William Heward. ja. Woodcock. And. Watson. Robert jones. William Tedder. And. jones. Robert Boyer. William Medcalfe. jona. Costie. William Sands. Natha. Poster. Io. Field. Walter Fraster. His Majesty's answer, to the propositions of the Roman Catholics of Ireland. COncerning any thing in Religion, his Majesty's answer is, That as the Laws against those of the Romish Religion, within that his Kingdom of Ireland have never been executed with any rigour or severity: So if such his subjects shall by returning to their duty and loyalty, merit his Majesty's favour and protection, they shall not for the future have cause to complain, that less moderation is used towards them, than hath been in the most of Queen Elizabeth and King james his times: Provided that under pretence of Conscience, they do not stir up sedition but live quietly and peaceably according to their Allegiance. 2. Touching the calling a free Parliament (by which his Majesty supposes the proposers intent a new Parliament) his Majesty says he could wish, that all the particulars might be fully agreed on, and ratified this Parliament; his Majesty well understanding that his Protestant subjects may be in fare greater danger in a new Parliament then the proposers and their Party can be in this, his Majesty being willing to give them any security that can be desired against their apprehensions; however since some objections and doubts are raised of the legal continuance of this Parliament since the death of the Lord Deputy Wansford, and by the late arrival of his Majesty's Commission, after the day of meeting upon the prorogation (though those doubts may be easily solved) his Majesty is content to call a new Parliament, upon condition, that all particulars be first agreed on, and the Acts to be passed be first transmitted, according to custom (for his Majesty will by no means consent the suspension of Poynings Act) and the proposers giving his Majesty security, that there shall be no attempt in that Parliament to pass any other Act, than what is agreed on, & first transmitted; or to bring any other prejudice to any of his Majesty's Protestant subjects there. 3. His Majesty neither can nor will declare Acts in themselves lawful to be void, but is content that neither the Proposers, nor their party shall suffer any pejudice by any Acts or Ordinances passed, since the time in that proposition mentioned, by reason of this commotion: And for that end shall give his full concurrence. 4. The matters of the four, five and sixteenth Propositions are to be digested into an Act of Oblivion, in which his Majesty will admit any Clauses to enlarge his mercy: but will not by declaring Indictments legally taken & regularly prosecuted to be void, give any countenance to, or make any excuse for the present Rebellion: which would be a great prejudice to truth, and to the future security of that Kingdom. And therefore His Majesty is content to grant a full and general Pardon to all persons whatsoever within that his Kingdom (except for all Treasons, Rebellion, or other crimes whatsoever, growing or arising from or by reason of the said Rebellion) & will likewise give his consent to such an Act of Oblivion as shall be prepared & transmitted to him by the advice of his Lord Lieutenant & Council of Ireland, who are fittest to consider in what state debts are to be left: and particular actions and remedies to be waved: in which His Majesty for the peace of the Kingdom will be content to release what concerns himself. 6. When all particulars shall be agreed on, and faithfully executed on the parts of the Proposers, his Majesty (expecting a just acknowledgement of his bounty, as well knowing that he parts with very much, to which he hath a legal and undoubted title) is content to release and quit his right to all such lands in the Counties mentioned (except within the Counties of Kilkenny and Wickloe) upon the terms formerly assented by his Majesty in his Answer to the grievanees in the seventeenth year of his Reign, and will consent to such an Act of limitations as is desired. 7. When all other things shall be concluded, his Majesty will consent to an Act for the taking away any incapacity, as Natives, either to lands or offices, if any such there be: And will willingly consent to the erecting an Inns of Court, University, or free-schooles, provided that they be governed by such Statutes, and Orders, as His Majesty shall approve, and agreeable to the Custom of this Kingdom. 8. Such of His Majesty's subjects of the Romish Religion within that Kingdom, as shall manifest their duty and Affection to His Majesty, shall receive such marks of His Majesty's favour in offices and places of trust, as shall manifest His Majesty's good acceptance and regard of them. 9 His Majesty will take care, that his good subjects of that Kingdom shall not be oppressed by his Court of Wards, and if oppressions of that kind have been, upon good and due information, His Majesty will cause justice to be done for the time past; and for the future will prevent the like by Instructions. But for the taking away of that Court, His Majesty can make no answer, till the particulars for his satisfaction be set down, and presented to him. 10. His Majesty consented as fare as is fit for him in this Point, in his answer to the five and twentieth grievance, in the seventeenth year of his Reign; the which he is still willing shall be enacted, looking forward still to five years, to begin after the peace concluded. 11. His Majesty conceives the substance of this Proposition (which concerns the fundamental Rights of both Kingdoms) fit to be referred to the free debate and expostulation of the two parliaments, when it shall please God that they may freely and safely sit, His Majesty being so equally concerned in the privileges of either, that he will take care to the utmost of his power, that they shall both contain themselves within their proper limits: his Majesty being the Head, and equally interessed in the Rights of both parliaments. 12. This is sufficiently provided for in his Majesty's Answer to the tenth grievance, which he is content shall pass. 13. Since it appears by long experience that these Laws have not produced that good effect for which they were made, his Majesty was graciously pleased by his late Graces, that those Statutes should be repealed, save only for wools and wool-fells: and will observe the same resolution: And a Book of rates shall be settled by an indifferent Committee. 14. His Majesty doth not admit that the long continuance of the Chief Governor of that Kingdom in that place, hath been an occasion of much tyranny and oppression, or that any tyranny, or oppression hath been exercised upon his subjects in that Kingdom: However his Majesty will take care, that such Governors, shall not continue longer in chose places, than he shall find for the good of his people there: and is content that they shall be inhibited to make any purchase (other then by lease, for the provision of their Houses) during the space of their Government, in such manner as is desired. 15. This proposition is to be explained, and some particular ways to be proposed to his Majesty for the doing thereof: And then his Majesty upon due consideration of the safety and security of his Protestant Subjects, will return his Answer. 16. Answered in the fourth and fifth. 17. Such persons who shall be excepted out of the Act of Oblivion, shall be tried by the known Laws of the Land. The Answer of JAMES Marquis of Ormond His Majesty's Commissioner, for the treaty, and concluding of a Peace in this Kingdom, for and in the name and behalf of His Majesty to the Propositions of His Roman Catholic subjects of Ireland. When all the particular demands made on the behalf of his Majesty, the Church, and his Majesty's Protestant subjects, and their party shall be concluded, his Majesty will be graciously pleased on his part, to agree to the particulars hereafter expressed viz. 1. To the first proposition, his Majesty will be graciously pleased, if his said Roman Catholic subjects shall by their obedience, and loyalty merit his Majesty's favour and protection, that they shall not for the future have cause to complain, that less moderation is used towards them than hath been in the most favourable of Queen Elizabeth, & King james his times; But his Majesty for divers weighty considerations will further advise, before he consent to the repeal of any the Acts, intended by the said Proposition. 2. To the second, his Majesty will be graciously pleased to call a new Parliament upon condition, that all particulars therein to be passed by act of Parliament, be first agreed on, between us his Majesty's Commissioner, and Donogh Lord Viscount Muskery, Alexandermac Donell, and Nicholas Plunket Esquiers, Sir Robert Talbot Baronet, Dermot O Brien, Patrick Darcy, Geffrey Browne, and john Dillon Esquiers, or any five or more of them, who are deputed by his said Roman Catholic subjects, to treat with Us about the same: And the said Acts so agreed upon be transmitted according to several acts of parliament in that behalf provided, And that there shall be no attempt by his Majesty's Roman Catholic subjects in that parliament to pass any other act, than what is agreed upon as aforesaid and first transmitted, or to bring any other prejudice to any of his Majesty's protestant subjects in this kingdom: And if any thing shall be attempted in the said parliament to the contrary, that then his Majesty's Lieutenant, or other Chief Governor, or Governors, before whom the said parliament shall be holden, shall forthwith after such attempt, dissolve the said Parliament without expecting any further direction from his Majesty for the same; But his Majesty for divers weighty considerations, will be further advised, before that he do consent to the suspension of Poynings Act. 3. To the third, his Majesty will be graciously pleased that none of his said Roman Catholic subjects, shall suffer any prejudice by any Acts or Ordinances passed in this present Parliament since the time in the Proposition mentioned, by reason of the present commotion, but his Majesty cannot legally declare Acts or Ordinances made in Parliament which are in themselves lawful; to be void, nor give warrant to take them off the file. 4. To the fourth his Majesty cannot in course of justice, by his Proclamation declare indictments, attaintures, outlawries, Letters-patents, Grants, Leases, Bonds, Recognizances, or any other legal record to be void, or taken off the file, But his Majesty will be graciously pleased to grant a full and General pardon, to all persons whatsoever, excepting such as hereafter upon this treaty, shallbe thought fit to be left thereout, for all Treasons, rebellions and other crimes whatsoever, growing and arising for or by reason of the same, And will likewise give his consent, that an act be passed to that purpose, in which his Majesty will admit any clauses to enlarge his mercy, And his Majesty will be further graciously pleased to determine all custodiums which have been granted since the 22. of October 1641. 5. To the fift proposition his Majesty cannot in justice consent to the taking away of any debts due to his subjects, who have committed no offence which might occasion the forfeiture thereof, But for such debts as have accrued unto his Majesty by the attaynture or fugacie of any of his Majesty's Roman Catholic subjects since the 23. of October 1641. His Majesty will be graciously pleased to remit so many of them, as have not been paid into his Majesty's Exchequer or received otherwise to his Majesty's use, or by his appointment. 6. To the sixth proposition his Majesty will be graciously pleased to release and quite his right to all such lands in the said proposition mentioned, except within the Counties of Kilkenny and Wickloe, upon the Terms formerly assented unto by his Majesty in his answer to the grievances in the 17. year of his reign, and will consent to such an act of limitation, as is desired. 7. To the seventh his Majesty will be graciously pleased to consent to an act, for the taking away any incapacity as Natives, either to lands or offices, if any such there be, and will willingly consent to the erecting of an Inns of Court, Vniversitity or free-schooles, Provided that they be governed by such statutes, rules, and orders, as his Majesty shall approve, and be agreeable to the Customs of England. 8. To the eight his Majesty will be graciously pleased that such of his Majesty's said subjects within this kingdom as shall manifest their duty and affection to his Majesty shall receive such marks of his Majesty's favour in offices and places of trust, as shall manifest his Majesty's good acceptance, and regard of them. 9 To the ninth proposition, his Majesty will take care, that his good subjects of this kingdom shall not be oppressed by his Court of Wards, And if oppressions of that kind have been upon good and due information, his Majesty will cause justice to be done for the time past, and for the future will prevent the like by instructions. But for the taking away of that Court, his Majesty can make no answer, till the particulars for his satisfaction be set down and presented unto him. 10. To the tenth Proposition, his Majesty consented as fare as is fit for him in this point, in his answer to the 25 grievance, in the seventeenth year of his reign the which he is still willing shallbe enacted, looking forwards still to five years, to begin after the peace concluded. 11. To the eleventh Proposition his Majesty conceives the substance of this Proposition (which concerneth the fundamental rights of both kingdoms) fit to be referred to the free debate, and expostulation of the two Parliaments, when it shall please God, that they may freely and safely sit his Majesty being so equally concerned in the privileges of either, that he will take care to the uttermost of his power, that they shall both contain themselves within their proper limits, his Majesty being the head and equally concerned in the rights of both. 12. To the twelfth his Majesty hath sufficiently provided for this, in his answer to the tenth grievanee, which his Majesty is content shall pass by act of parliament. 13. To the thirteenth proposition his Majesty hath been pleased by his late Graces that those statutes should be repealed, save only for Wools and wool-fels, And is well pleased, that the same be done by act of parliament, and that a Book of Rates be settled, by indifferent Commissioners. 14. To the foureteenth proposition his Majesty doth not admit or believe, that the long continuance of the chief Covernors of this kingdom in their places of government, hath been an occasion of any tyranny or oppression, or that any tyranny or oppression hath been exercised upon his subjects of this his kingdom, howsoever his Majesty will be graciously pleased to take care, that such Governors shall not continue longer in those places, than he shall find for the good of his people here, And his Majesty is content, that they shall be inhibited to make any purchase, other then by Lease for the provision of their houses during the time of their government. 15. To the fifteenth Proposition, this proposition is to be explained, and some particular way to be proposed for the doing thereof, And then consideration being had of the safety and security of his Majesty's protestant subjects, an answer will be made thereunto. 16. To the sixteenth proposition, his Majesty cannot in justice to the foreclosing of the subject of his legal remedy, for the recovery of any goods, chattels, or rents, unlawfully taken or detained from him. But for such-meane profits, Customs, prizes, and Rents, which have accrued unto his Majesty since the 23 of Octob. 1641. except the Customs received at Waterford and Rosse since the 15. of September 1643. His majesty is content to remit the same, the rest of the proposition is answered in the answer to the fourth proposition. 17. To the seventeenth, his Majesty will be pleased, that such persons as shall be excepted out of the general pardon shallbe tried by the known Laws of this Land. The Lord marquess of Ormond now declares that albeit these answers are thus given by him in present to the said propositions, yet that he intends not to be thereby concluded, from altering the same, or adding thereunto in any parts there of, In such sort as he shall find cause upon further debate. Some of the reasons which moved His Majesty's most humble and loyal Subjects the Confederate Roman Catholics of Ireland to present certain Propositions to His Excellency the Lord Marquis of Ormond, Lord Lieutenant of Ireland, His Majesty's Commissioner. THe first Proposition that concerneth the freedom of the Catholic Religion, and the repeal of all Laws made against the professors of that Religion, is a demand, not in favour of any innovation, but for that Religion which the Inhabitants of this Kingdom anciently, and like wise the English Colonies come at first into this Land, and their heirs for many descents have professed, and do profess at the present, and which before the reign of King Henry the VIII. was professed by the Kings of England, and their subjects generally. And it may be further added, and confidently affirmed, that there are no subjects in the world of what other belief or profession soever in Religion, that held themselves so inviolably tied to the preservation of that monarchy, to whom they own subjection, and allegiance, as the professors of the said Roman Catholic Religion. This proposition consisteth of two branches, the first for the repeal of certain acts, the second that the freedom of their Religion may be allowed to the said Catholics. For the clearing of the first branch, the said Catholics do not press the total repeal of the said statutes, their humble request being, that the great penalties, pressures, incapacities, and other unavoidable inconveniences by the said statutes imposed on them alone, may be removed as to them by act of Parliament. By one statute found among the Records of Parliament of this kingdom in the second year of the reign of the late Queen Elizabeth cap. 1. & 2. the said Catholics are made subject to the arbitrary power of an high Commission Court, or other Commissioners to be appointed by his Majesty, or the Lord Deputy for the time being, & may be questioned, & punished for all offences touching Religion. Irish statutes fol. 261. likewise fol. 270. and 271. the Archbishops, Bishops, and Ordinaries of another Religion have heavily punished, and may still punish the said Catholics for Marriages, Christen done according to the Catholic Religion, and every Catholic was driven to pay nine pence every Sunday for not repairing to Church, to the great impoverishment and destruction of the said Catholics, and no profit at all to his Majesty. By the said statute, fol. 261. and 262. not only the Catholic Clergy, are excluded from all dignities & benefices Ecclesiastical, but likewise the Catholic Laiety of all degrees and qualities, are rendered incapable of all Civil offices, from the highest judge to the petty Constable, & likewise from Marriall offices or employments, even to be a common Soldier in his Majesty's army, where any fee or wages are due, without first taking the oath of supremacy; & upon refusal of the said oath all dignities, offices, or wages are forfeited. No Catholic can sue Livery or Ouster le main for his estate or any part thereof out of his Majesty's hands without taking the said oath by the same statute of 2 Elizab. cap. 1 fol. 265. a. If any Catholic of what estate, degree, or quality soever within this kingdom do by writing, printing, teaching, preaching, express words, deed or act, affirm, hold, stand with, set forth, and maintain any other authority, pre-eminence, power, or jurisdiction in matters Ecclesiastical or Spiritual, than the person so offending his abettors, aiders, promovers, and counsellors, shall for the first offence, forfeit their goods and Leases, and suffer imprisonment for one year, for the second offence incur the pains and forfeitures set down by the statutes of Provision and Praemunire whereby the offender is put out of the King's protection, imprisoned during his life, and his goods and lands forfeited: For the third offence the offender is punishable as in case of high Treason. Then by consequence if any of the Catholic Laiety take or procure a dispensation for marriage within the eight degree, or any other licence or dispensation from any authorised by the See of Rome, is a principal offender, and if he hears the Mass or Sermon of any deriving power from thence, and keep him in his house, he is punishable as an aider and abettor within the words of the statute, he knowing that whereof he cannot be ignorant by the rules of his profession. As for the second branch of the said proposition let any man judge, whether it be reason sufficient of itself, that the professors of the Roman Catholic Religion both spiritual and temporal, being to a few the Natives and residents of this kingdom should desire a freedom of their Religion, and to be freed and exempted from the penalties, and pressures aforesaid, whereby his Majesty never received any advantage, and have been the occasion of many inconveniences in the kingdom. And it is evident that by this freedom all his Majesty's good subjects aswell Protestants as Catholics will be united more than ever before, when their condition is equal, and neither party have occasion to envy or oppress the other. It will not be unworthy of consideration, that in reason of state (the constitution of his Majesty's three kingdoms as now they stand being duly weighed) that this freedom, and exemption is most necessary for his Majesty's service and safety. 2. It is of the essence of Parliaments to be free, the contrary was practised here; The composition of this Parliament is desired to be of men estated and interested in the kingdom, of genuyne and right members, and to be returned from proper places, and by right ministers. The suspension of the act for this free Parliament cannot prejudice his Majesty, for that nothing is to pass as an act before transmission, other than what shall be agreed upon and expressly mentioned in the Articles of peace. 3. It is conceived this pretended Parliament was determined by the death of the Lord Deputy Wandesford, most of the estated and right members thereof did not appear in it since the 7. of August 1641. those who now appear as members thereof viz. of the Commons-house, are for a great part not much interessed and other wholly uninteressed therein, and one order therein made to exclude the said Catholics from the house, other orders to their disadvantage were and or might have been made in the said Commons-house. Therefore it is desired that all the proceed of the said pretended Parliament may be declared void and taken of the file. 4. When those indictments were found & outlawries promulged, the said Catholics are informed, and hope to justify that those who governed in this kingdom, or some of them, did plot and practise the total extirpation of the said Catholics, & as much as in them lay did increase the troubles to that end, and shoot up the gates of his Majesty's mercy against the said catholics, even against those who were undeniably innocent, as may appear by many instances; the manner of appointing of Sheriffs, who returned the jurors, & the persons appointed, the jurors condition & affection, the infinite numbers of the persons indicted & outlawed, being never called to answer, & other circumstances touching or depending of the said Records, being so generally destructive to the said Catholics they cannot otherwise choose then to insist on the taking them of from the file, that no such marks of infamy may remain of Record, against them whose ancestors for the space of four hundred years and upwards, faithfully served the Crown. 5. This proposition is so just and equal in itself, that there needeth not any reason or proof to be urged for it. 6. This proposition being yielded into by the answer, except the late Plantations in the County of Wicklow and Iduogh in the county of Kilkenny, and excepting the increase of Rents is referred to what shall be urged upon the fixed answer. 7. In all or most Letters-patents granted of Plantation Lands, and some other lands in this kingdom since the making of the said statutes, certain clauses and conditions were inserted in them, that no land should be sold or passed to any of the mere Irish or of the Irish Nation, as the condition is in some Patents, these clauses do & did nourish division and distinction between his Majesty's subjects, the like was never used in England, nor in any other kingdom. They extend not only to the old Irish, but likewise by construction to the old English, for he that is borne in Ireland, though his parents and all his ancestors were Aliens, nay if his parents were Indians or Turks if converted to Christianity is an Irishman as fully, as if his ancestors were here borne for thousands of years, and by the Laws of England as capable of the liberties of a subject, Such marks of distinction being the insteps to trouble and war are incompatible with peace and quiet. 8. The said Roman Catholics being rendered incapable of any command or trust by the statutes aforesaid, may be relieved herein upon removal of the impediments mentioned in the reasons for the first proposition, and particular instances showed for the present, yet such were the Character, laid upon them here, and the representations made of them from hence heretofore into England, that they apprehend they suffer thereby in his Majesty's opinion of them, which they conceive an impediment and stop to many graces and favours they expect and hope to merit from his Majesty. In all ages passed before the said statutes their ancestors were preferred to places of eminence and trust within their Native countries, and since very seldom, three precedents since can hardly be instanced. The condition of Roman Catholics in Ireland, where there are an hundred Catholics to one of any other Religion differs much from that of England or Scotland, where there is scarce one Catholic to a thousand of the protestant religion. In all the Nations of Christendom the Natives of the place are advanced before others. 9 The Court of Wards was begun here a bout the foureteenth year of King james, and never before: It hath not the warrant of any Law or statute; In England it was erected by act of Parliament. The subject is extremely oppressed thereby by the multitude of informations against all freeholders from the highest to the lowest without any limitation of time, the frequent Courts of Escheaters & Feodaries, the destruction of the Tenors of mesnes Lords by making many Tenors to be In Capite against Law; by the sale of the wards from hand to hand, as of Horses in a Market, by the want of Provision for portions of younger children, whereby they perish or take ill courses; debts remain unsatisfied, and though by the statute of Merton cap. 5. Usury doth not run upon Infants, yet the Collateral security either of men or Land mortgaged are not relieved by that statute. The King never received one shilling advantage by this Court ultra reprisas, for twenty shillings damage done thereby to his people, the vast fortunes of the officers and ministers of the said Court, how suddenly raised on the ruins of many others his Majesty's subjects. And let all the wards since the erection of the Court be numbered, for one that gained civility or breeding during their minority, many will be found to have departed the said Court with ignorance, loss or impairing of their estates and other great inconveniences. No diminution of his Majesty's profit is desired, the personal service upon all occasions shall be performed. The extinction of this Court and of the Tenors in capite or by Knight's service is humbly desired to be taken away, and a course for his Majesty's profit and service and preservation of Heirs and Orphans, and satisfaction of Creditors shall be then humbly proposed. The respite and issues of homage being of no considerable advantage to the Crown, and an intolerable yoke to the subject, is likewise desired to be taken off, and a way of equal benefit to his Majesty shall be proposed. 10. The great number of these Lords uninteressed in the kingdom, their ends in seeking for those honours, and the late introduction of the example being considered; it may be easily judged how unequal or unjust it is that the votes of men of no estate and never resident in the kingdom if not for design, should impose a charge wherein they contribute nothing, or put Laws, by which they are not bound themselves. 11. The independency of the Parliament of Ireland of the Parliament of England is so clear and manifest by Law, justice, usage, and necessity, that they humbly desire it may not be driven into dispute, yet in as much as the Royal assent wrested from his Majesty to the acts of subscription may draw a prejudice or discountenance upon our Parliament, a declaration herein and act of Parliament is desired. 12. This proposition is in itself so reasonable, and the restraint laid on the Council-table from taking cognizance of matters determinable in the King's ordinary courts of justice by the Common Law▪ the great Charter thirty times confirmed by Parliament, and sundry other acts of Parliament of force in this Kingdom, is so manifest and clear, that there is no need of further reasoning or proof for the same; therefore it is consonant to Law & justice, that the parties aggreeved, should be restored to what they lost, and left in statu quo, etc. as is desired, and that no matter determinable in the ordinary Courts may be determined at the Council-table. 13. This proposition being for free trade and commerce so necessary for advancement of his Majesty's service and profit and so indifferently inducing to the weal of his people, it is conceived, that all who are interessed in the Kingdom, aught to contribute their endeavours for the attaining of what is thereby humbly desired. 14. The place of chief governor of this Kingdom being of so great honour and high trust, and therefore to be conferred upon such as study his Majesty's service, and the prosperity of the Kingdom without regard to particular interest; this limitation will keep the chief governor wary from offending any subject, or descending so low as to give occasion, even of speech, that his actions are unwarrantable, or his purchases acquired by oppression, men are to be chosen for this place, that have no need to purchase. 15. The malice and power of the malignant party in England and Scotland, and of their adherents abroad, and threatened danger of in vasion to be made by them, and the invitation thereunto of many in this Kingdom, who are known to have studied and plotted the ruin of this Kingdom, are motives sufficient for the granting of the contents of this proposition, and that the Kingdom be always in posture of defence of itself, and all the well affected subjects thereof. 16. The passing of an act of oblivion to quiet and secure the minds of all his Majesty's subjects in a case so general, wherein the most of his Majesty's subjects one way or other are involved, is so necessary, and so pursuing the precedents, and examples, not only of England and Ireland, but also of other States and Kingdoms, that without the passing thereof some embers of mischief may still remain, which may (though God forbidden) turn unto great flammes, witness the Baron's wars, the wars of York and Lancaster, these present troubles of England, and Scotland, and other examples, even in this Kingdom. And it there be any possibility to relieve all particulars, when the general concernment is in question. 17. Honour, justice, equity, and reason of State do plead for this proposition. We desire notwithstanding those reasons to be admitted to show such further and other reasons, and add hereunto what we shall think fit touching the matters, wherein the answers are short, or not satisfactory. As the Lord Lieutenant in his answer gave the Proposers no occasion to use any unfitting expressions, so he may not but declare the Comparison, and some other expressions in their preamble, to be very unnecessary, and unseasonable, and such as he may not admit however he now offereth. An Explanation of some of the answers given by JAMES Marquis of Ormond His Majesty's Commissioner, for the concluding of a Peace in this Kingdom to the Propositions of His Majesty's Roman Catholic subjects of Ireland with some further Concessions. 1. Answ. FOr the exception taken to the answer to the first Proposition, although neither the statute of 2. Eliz. c. 1. nor any other statute of force in this kingdom do impose any mulct or penalty for saying, singing, or hearing Mass, or keeping a Roman Catholic priest in their houses, yet his Majesty for the further satisfaction of his said Roman Catholic subjects, in any doubt or scruple, that may arise upon the construction of any of the said statutes which may disquiet their minds, is graciously pleased that a declaration of the law as unto that point be prepared and published. And his Majesty is likewise graciously pleased to suspend the high Commission Court: And that as the oath of supremacy hath not been imposed upon any of them of late times upon the suing of Liveries, so they shall for the time to come be admitted to sue their Liveries upon taking the oath by his Majesty's directions in that case provided, which being added to the answers to the eight proposition (by which his Majesty hath declared that they shall receive such marks of his favour in offices and places of trust as shall manifest his Majesty's good acceptance and regard of them) may for the present abundantly satisfy his said subjects, And for the repeal of any of the acts intended by the said proposition his Majesty will further advise. 2. Answ. For the exception taken to the word new Parliament in the answer to the second proposition, Whereas a free Parliament was propounded, The said Lord marquis declares that the said new Parliament is to be as free, as by the laws and statutes of this kingdom any parliament to be held in this kingdom ought to be, yet so as no interpretation be from thence made, that there should be any proceeding in the said parliament in any particular contrary to the agreement on this Treaty. As to the exception taken to the clause in the answer, viz. that the parliament shall be dissolved upon an attempt only of propounding any other matter than shall be agreed upon by the articles of peace, albeit the clause is not so as it is recited, Yet the Lord marquis for their further satisfaction is pleased that the word attempt be left out of the clause wherein it is, and it be expressed in manner following viz. And that nothing 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. And for their desire to have Poynings act suspended, forasmuch as it is assented unto, that no act of parliament is to pass upon the suspension of Poynings act without transmission, according to the usual manner, but what shall be provided for in the Articles of peace, And that it is enacted by act of parliament of force in this kingdom, that Poynings act cannot be suspended, but by Bill to be first agreed upon by both houses of parliament in this kingdom, which is likewise to be transmitted according to the usual manner, which will take up as much time as the transmitting of the Bills which are to be agreed on this Treaty, And seeing the benefits which shall be held fit to be derived to the proposers may be as effectually, and with more speed done without suspending of Poynings act, as by suspending thereof; His Majesty doth not see cause why the same should be desired, But he is very apprehensive of the prejudice the suspension thereof may bring upon himself, and the public service by disquieting the minds of his protestant subjects in both kingdoms, if that he should admit such innovation at this time, there being no necessity thereof, and therefore his Majesty aswell for that as other weighty considerations, may not vary as unto that particular from his former answer. 3. Answ. If both or either of the houses of parliament have made any orders wherein his Majesty's concurrence hath not been, It doth rest only in the power of the house or houses and not in his Majesty to vacate such orders, except they do appear in themselves to be illegal, And in such cases his Majesty will declare such to be void, and give directions for the vacating of them as in the particular whereof instance is made, for excluding members duly elected and returned according to the established laws of this kingdom out of the house of Commons, who should refuse to take the oath of supremacy, which without an act of parliament to warrant it cannot be in such case imposed, but his Majesty may not admit the present parliament to be void, nor declare all that hath been done therein since the seventh of August 1641. to be void for that many orders much tending to his Majesty's honour and the safety of this kingdom, wherein both houses did join have been made since that time, as the prohibiting the taking of the Covenant so destructive to Monarchy, and the Church, which hath been condemned by both the said houses, Their joint approbation of the late Cessation, The petition wherein both houses joined to his Majesty, and others of that kind. 4. Touching the exception taken to that part of the answer to the fourth proposition concerning the General pardon, The Lord marquis declares that it is meant thereby that the said general pardon shall extend to restore them, excepting such as shall be on this Treaty agreed to be excepted, to their blood and estate by act of parliament, whereby all Grants, Letters-patents, Acts, Letters, Promises shall be avoided. But his Majesty cannot in justice publish any such Proclamation, or give any such direction to the parliament as is desired, before the persons intended to be charged be heard, and the matters suggested proved, which if they shall, his Majesty will then do therein what shall be just. And in the mean time cannot think ill of his ministers of state employed in this kingdom, nor of the proceed of any of his Majesty's Courts of justice, And for their desire that there should be no exception in the pardon, his Majesty may not assent thereunto. 5. His Majesty will be pleased that debts do stand in statu quo, having as unto such who shallbe agreed in this treaty to be excepted out of the general pardon, and excepting one particular sum which hath been paid into his Majesty's Exchequer. 6. His Majesty may not agree to the avoiding of the Plantations in the county of Wicklow, & Territory of Idough in the county of Kilkenny, part of the Lands in the county of Wicklow, viz. the Ranelagh being confirmed by act of parliament, and so much of the rest of the lands in the said county as fallen to his Majesty upon the division, and the Territory of Idough being passed by Letters-patents under the great Seal upon the Commission of Grace for remedy of defective Titles, strengthened likewise by act of Parliament, which his Majesty may not in honour avoid, And his Majesty doth conceive it were unsafe for divers of his Majesty's subjects, who have purchased, estates grounded upon his Majesty's title, that the statute of Limitations should have such a retrospect as is desired, which in time would overthrow the estates of many of his Majesty's subjects, who acquired estates for valuable considerations, And therefore his Majesty may not assent thereunto, but for taking off or abating of Rents contracted or agreed for, his Majesty is pleased that the course prescribed in his answer to the twelfth additional proposition be observed. 7. His Majesty may not admit that the governing of the Inns of Court, University, and free-schooles by such statutes rules and orders, as his Majesty shall approve of, and be agreeable to the customs of England will debar Roman Catholics so long as they are of that Religion from attaining to the laws of the Land, or any other learning within the kingdom, for those of that Religion in England, and who go from hence do attain the knowledge of both in the Universities and Inns of Court there in an eminent manner, and may do the like here. 8. There being no offices or place excepted in the former answer, the Proposers may rest satisfied therewith, it being in his Majesty's power to dispose of such places and offices by his Letters-patents as occasion shall be offered, and thereby to remove all impediments mentioned by the Proposers. 9 His Majesty doth not admit such abuses to have been in his Court of wards and the ministers thereof, as are set forth in the reasons for the ninth proposition, until proof be made thereof, And his Majesty doth believe that exceeding great benefit may redound to the kingdom, by the continuance and right ordering thereof, And therefore conceiveth his former answer to be reasonable, And it seemeth not equal which is propounded that there should be first an extinguishing of the Court, and the Tenors in capite taken away, and that then a course for his Majesty's profit and service should be proposed, that being to be offered in the first place before his Majesty part with the other, And the like is to be done for respite of homage. 10. His Majesty may not receade from the former answer with which the Proposers may rest satisfied. 11. As his Majesty may not vary from his former answer, so he may not foreclose the houses of parliament from making any declaration agreeable to the laws of the land. 12. The Proposers may rest satisfied with the former answer, considering that all parties grieved may have the benefit of the laws of the land, and that by consent of the parties interested many matters determined at council-board are confirmed by act of parliament. 13. His Majesty will be pleased that indifferent persons be agreed on this treaty who shall be authorised by Commission to moderate and settle the Book of Rates in such sorre as they shall think fit. 14. His Majesty may not assent any further to this proposition than he hath already done without apparent prejudice to his service. 15. His Majesty may not receade from his former answer. 16. His Majesty thinks not fit to give any further answer to this Proposition than he hath done already, until the Proposers make answer to the propositions made and delivered unto them in the behalf of his Majesty's protestant subjects and their adherents. And then upon further debate his Majesty will give such answer as shall be thought fit. 17. It may not be admitted that trials by the known laws of the land assented unto by the former answer should not be indifferent, And therefore his Majesty may not receade from his former answer: The said Lord marquis of Ormond now declares, that albeit these answers are thus given by him in present to the said propositions, yet that he intends not to be thereby concluded from altering the same or adding thereunto in any parts thereof in such sort as he shall find cause upon further debate. Additionall Propositions of His Majesty's most humble and loyal subjects the Confederate Roman Catholics of Ireland, presented to His Excellency the Lord Marquis of Ormond; Lord Lieutenant of Ireland, His Majesty's Commissioner. 1. THat an act be passed this next Parliament, prohibiting that neither the Lord deputy, Lord Chancellor, Lord High Treasurer, Vice-Treasurer, Chancellor, or any of the Barons of the Exchequer, privy council, or judges of the four Courts be Farmers of his Majesty's Customs. 2. That an act of Parliament may pass in this Kingdom against all Monopolies, such as was enacted in England, 21. jacobi, with a further clause for repealing of all grants of monopolies in this Kingdom. 3. That the Court of Castle-chamber in this Kingdom, having been an oppression to the subject, & there being other remedies for the offences questioned in that Court by the Common Law and Statutes of the Realm, be taken away, or otherwise limited, as both houses of Parliament shall think fit. 4. That two acts lately passed in this Kingdom, one prohibiting the ploughing with horses by the tail, and the other prohibiting the burning of oats in straw may be repealed. 5. That upon presenting the names of three persons of quality in each County by Us to your Lordship, patents be passed to such of those so to be presented respectively to be Sheriffs in each County, as to your Lordship shall seem meet to make choice of for that purpose. 6. That one, or more Agents from this Kingdom, may be admitted still to attend his Majesty for his better information of the affairs of this Kingdom; And that as a testimony of his Majesty's favour, some of the nobles and others of quality of this Kingdom may be employed about his Majesty's person. 7. For as much as divers of the Scottish Nation, and others in this Kingdom do not obey the present cessation, and many of them having of late taken the Covenant proposed by the members of Parliament at Westminster now in arms against his Majesty. It is therefore humbly desired that such as disobey the said Cessation, or have taken the said Covenant, be proclaimed traitors, and prosecuted accordingly by his Majesty's authority, and that such Counties or Corporations as have not submitted to the now Cessation of arms in this Kingdom, according his Majesty's Commission, be not admitted to make any return to the Parliament. 8. For as much as sundry persons estated in this Kingdom, have either actually raised arms in England, against his Majesty, or have otherwise adhered to the malignant party now in arms against his Majesty, that therefore it may please his Majesty to give way to the impeachment and attainders of those, and such others whose names we shall here represent to your Lordship by way of bill in Parliament, whereby they may receive condign punishment for their offences, & his Majesty take advantage of the forfeiture of their estates, and in the interim the possessions to remain in the hands wherein they are at present. 9 For as much as upon application of the Agents from this Kingdom to his Majesty, in the fourth year of his reign, and lately upon humble suit made to his Majesty, by a Committee of both houses of the Parliament of this Kingdom, order was given by his Majesty for redress of several greevances; It is therefore humbly desired, that for so many of those as are not expressed in the now propositions presented to your Lordship, whereof both houses in the next ensuing Parliament, shall desire the benefit of his Majesties said former directions for redresses that the same be afforded them. 10. That the office of 〈◊〉 in this Kingdom be settled independent of none but his Majesty, whereby maritime causes may be determined here without driving merchants or others, to appeal or seek justice elsewhere in those causes. 11. That a Course may be taken for all such as owe debts in this Kingdom for that by reason of the general devastation of the Kingdom, the land is not like in some years to come to be of any considerable value, being the only means that many of the Nobility, Gentry, and others of this Kingdom had to satisfy their debts, and therefore a competent time be given by act to be passed in the next Parliament for payment thereof and the interest or use of monies to be moderated. 12. That the subjects of this Kingdom may be eased of the increase of rent lately raised and imposed on them upon the late Commission of defective titles in the Earl of strafford's time. 13. That if any of your Lordship's party during these troubles, have by fines, recoveries or otherwise disinherited those who were next to succeed them of our party as heirs, or in reversion, or remainder without real and full consideration, but for being of our party, that all acts so done be avoided in Parliament. 14. That such of our party whose estates are in the hands of the Scottish and Parliament party, either in this Kingdom or in England, be recompensed out of the estates of those malignant in this Kingdom. The Answer of JAMES Marquis of Ormond, his Majesty's Commissioner, for the treaty and concluding of a Peace in this Kingdom, for and in the Name, and behalf, of his Majesty, to the additional Propositions of his Roman Catholic subjects of Ireland, etc. When all the particular demands made on the behalf of his Majesty, the Church, and his Majesty's Protestant subjects, and their party, shall be concluded his Majesty will be graciously pleased on his part, to agree to the particulars hereafter expressed, viz. 1. TO the first proposition, his Majesty hath declared his pleasure in this point (excepting in that part which concerns privy Counsellors) in his answer to the eight grievance in the seventeenth year of his Majesty's reign, which his Majesty will be graciously pleased may stand as a rule in this case, And as to that part which concerns privy Counsellors, the same shall be humbly represented to his Majesty and his Royal pleasure therein expected. 2. To the second proposition, his Majesty will be graciously pleased to assent to this proposition yet so as first there be care taken to secure his Majesty in the particulars proposed in the sixth, and seventh Articles of the demands in the behalf of his Majesty delivered by the Lord Lieutenant on this treaty to the Lord Muskery, etc. 3. To the third proposition, The particulars wherein it is desired, that the Court of Castle-chamber may be limited, are to be proposed, and then such consideration shall be had of this proposition as shall be fit. 4. To the fourth proposition, his Majesty will be graciously pleased, that the two acts in this proposition mentioned be suspended for such time, as on this treaty shall be agreed on. 5. To the fift proposition, The laws have already provided for the manner of appointing Sheriffs, from which course his Majesty thinks not fit to vary. 6. To the sixth proposition, After a peace shall be fully settled, application may be had herein to his Majesty, who in his high wisdom best knows how to extend his Royal favour in this particular. 7. To the seventh proposition, For the first part of this proposition, the Lord Lieutenant declareth that his Majesty's Commission to him warranting this treaty, gives him authority to conclude a Peace, but gives him no authority for pub●lshing such a Proclamation, or for such a prosecution, as in this proposition is proposed, and for the later part of this proposition the granting thereof is inconsistent with the condition of a free parliament. 8. To the eight proposition, when the Proposers shall present to the Lord Lieutenant the names of the persons in this proposition intended to be impeached and attainted, such consideration shallbe had of this proposition as shallbe fit. 9 To the ninth proposition, the proposers setting down the particulars of the things contained in this proposition, such consideration shall be had thereof as shallbe fit▪ 10. To the tenth proposition, his Majesty will be pleased to advise concerning this proposition. 11. To the eleventh proposition, this is left to further consideration on debate. 12. To the twelfth proposition, this is not held fit for his Majesty to be assented to on this treaty, yet the case of remittals or abatements we intent humbly to represent to his Majesty, who will be graciously pleased in fit time to set down such a course herein by Commission or otherwise, as may still further magnify his goodness and indulgence to all his subjects. 13 To the thirteenth proposition, his Majesty may not assent to this, it being against the liberty of the subject, and the laws of the Land. 14. To the fourteenth proposition, Such of the estates in this proposition mentioned, as shall a crew to his Majesty is to be left to his Majesty to be disposed of as in his high wisdom he shall think fit. Demands in the behalf of His Majesty, 1. THat present restitution be made by the Confederate Roman Catholic Party. of the Command, Rule and Government of the Cities of Limmericke, Waterford, Kilkenny and Cashell, the Towns of Galway, Clonmell, Weixford, and Rosse, and of all other Cities, Towns, Counties, and Territories of right belonging to his Majesty, and now in the possession, or under the command of the said Confederate Roman Catholic party, & that restitution be like wise made by them of all his Majesty's Castles, Forts, Lands, Tenements, and hereditaments, and of all his Majesty's Ordnance, Artillery, Arms, and Ammunition, which have been seized on, or taken by the said Confederate Roman Catholic party, since the 21. of October 1641. in the Cities of Limmericke, Waterford, Galway, the Castle and Town of Newry, Charlemount, and other places within the kingdom, And that all such power, jurisdiction or Government as hath been assumed by the said Confederate Roman Catholic party over their party, since the 22. of October 1641. be from hence forth abrogated deserted and deemed void, And that all his Majesty's subjects aswell the Roman Catholics as others within the kingdom shall be from henceforth ameaneable to the Laws of force in this kingdom, and obedient to his Majesty's government and Courts of justice. 2. That all the Armies raised by the said Confederate Roman Catholic party, with their Arms and munition, and such Forts, Garrisons and Wards, as are now kept by them, shall from henceforth be under the command of his Majesty, and his Majesty's Lieutenant, or other his Majesty's chief governor or governors of this kingdom for the time being, and such others, as his Majesty from time to time shall appoint. 3. Thirdly, that his Majesty may be answered such certain Rents, Compositions and Casual profits and Subsidies, and all Customs, and Subsidies for Merchandise as were accrued and grown due before and on the 23. of October 1641 and which shall from henceforth grow due. 4. That all the remain of the thirty thousand eight hundred pound appearing to be payable to his Majesty by the Instrument signed by the Lord Muskery and others, dated 16. of September 1643. which hath not yet been paid in money or Cattle, in manner as in an Instrument signed by the said Lord Muskery and others, dated the xuj. of September one thousand six hundred forty and three, is expresled, be paid to his Majesty's Vice-treasurer and Treasurer at Wars, or to his deputy, or to such other person or persons as the Lord Lieutetenant, or other chief governor or governors of this kingdom for the time being shall appoint, to his Majesty's use, by the said Confederate Roman Catholic party, at by or before the day of next 5. That the said Confederate Roman Catholic party do make a true account and present payment of his Majesty's Customs and Impositions of Waterford and Rosse, according to the Book of Rates, for all such Commodities as have been exported out of, or imported into the said Harbours since the xv. of September 1643. 6. That the grant of the licensing of retailing Wine and Aquavitae, and of transportation of Linnen-yarne at per pack in Ireland towards the support of the charge of this kingdom, may be settled by act of Parliament upon the Crown, according to the resolution in his Majesty's late graces in the year 1641. with some apt Proviso, that they may be kept and continued as a Revenue to the Crown. 7. That on the pound of Tobacco be settled by act of parliament unto his Majesty's use, as a Custom upon that Commodity, whereupon the emption of Tobacco to be free, and the Monopoly wholly taken away. Demands in the behalf of the Protestant Clergy. 1. THat the Archbishops, Bishops, and all other Ecclesiastical persons be presently restored to their respective Churches, jurisdictions and possessions, both spiritual and Temporal, and to the free exercise of their several and respective functions, and that they enjoy the same without any interruption to be given thereunto by the said Confederate Roman Catholic party, in such manner as they have enjoyed the same, before and on the 23. of October 1641. 2. That all Cathedral and parish Churches, and all Archbishops, and Bishops, Mansion-houses, which have been any way demolished or defaced, by any of the said Confederate Roman Catholic party, shall be withal convenient speed by the Confederate Roman Catholic party repayted, and put in as good condition as they were on the 23. of Octob. 1641. 3. That for the present subsistence of the protestant Clergy, they may be allowed the one half of all the Tithe Corn belonging to their benefices respectively arising out of this present Harvest 1644. within the quarters allotted by the articles of Cessation to the said Confederate Roman Catholic party, or the value thereof. Demands in the behalf of all His Majesty's Protestant subjects, and their Party. 1. THat present restitution be made unto them of all their Castles, Lordships, Manors, and all other Hereditaments, and Chattles real, of what kind soever, whereof they were seized or possessed by themselves or their Tenants on the 22. of October 1641. and which remain within the quarters allotted by the Articles of Cessation to the said Confederate Roman Catholic party. 2. That where any of the goods, Evidences, or writings of the protestant subjects, and such as adhere unto them, have been delivered in trust to any that are or have been, of the said Confederate Roman Catholic party, to be kept by any of them, That such goods, Evidences, and writings be restored to those that so delivered them in trust as aforesaid, or to their heirs, executors, administrators or assigns. 3. That all goods which have been pillaged and taken away by any of the said Confederate Roman Catholic party, which may be had in specie, and the property whereof was not altered by sale in market before the 24. day of june 1644. (being the day of the date of his Majesty's Commission warranting this Treaty) be restored, or otherwise the Proprietor may be left to his remedy at Common-law for the recovery thereof, and that any sale in market since the said 24. of june, shall be no hindrance or bar thereunto. 4. That where any of that party have pillaged or taken away any goods from any of his Majesty's protestant subjects, or any adhering to them, between the 21. of October 1641. and the 21. of january 1641. that the party so pillaged may be left to take his remedy at law for recovery of his goods or damages for the same against such who did so pillage them. 5. That all Castles and houses which were surrendered upon quarter, upon Articles under hands, wherein it was undertaken, that the said Castles or houses should be preserved from being destroyed or demolished, That the said Confederates who have so articled may rebuild the said Castles or houses, in as good state as they were at the surrendering up of the same, upon Articles as aforesaid. 6. That where any Lands belonging to his Majesty's protestant subjects or their tenants or adherents have been possessed by any of the said Confederate Roman catholic party, and corn sown therein by any of that party since the 15. of September 1643. that the said protestant subjects or their adherents who by themselves or their tenants were possessed of the said Lands on the 22. of October 1641. or their Heirs, Executors, Administrators, or Assigns may respectively receive the fourth sheaf of all the said corn this present Harvest 1644. or the value thereof. These propositions thus made in present are not in exclusion of any other propositions which we shall adjudge necessary to be propounded or insisted on for the glory of God, the honour of his Majesty, the interests of his good subjects, and the safety of the kingdom, nor in exclusion of sundry other particulars which may be necessary for us to insist on, as conducing to the formerly mentioned ends, and which may arise upon the present Treaty. Answers to the demands made by the Lord Lieutenant in the behalf of His Majesty. 1. TO the first Demand his Majesty's faithful subjects the Confederate Catholics of his kingdom of Ireland do answer, that the Cities, and Towns in the said demand mentioned, are, and always have been ruled, and governed, according to his Majesty's Laws, and the Charters unto them respectively granted by his Majesty, and his Royal progenitors and predecessors Kings, and Queens of England and Ireland, and are preserved and kept by the said Confederate Catholics for his use, and service against the malignant party, and their adherents. And as for his Majesty's Forts, Castles, Territories, Hereditaments, Ordnance and Artillery, in the same demand mentioned, the same are likewise kept, and maintained for his Majesty's use and service, and the safety of the kingdom and his Majesty's interests therein against such as are joined in a rebellious covenant, and are actually in arms against his Royal person. And they know of no considerable ammunition taken by the said Catholics, and such as was so taken, and much more was by them employed in his Majesty's service, And as to the power and jurisdiction mentioned to be assumed by the said Confederate catholics, they say they were necessitated to rule and govern their party to avoid the extirpation of their Religion and Nation plotted, and contrived by the said malignant party, and to preserve his Majesty's rights. And their proceed were, and are as near and consonant to the laws of the kingdom, as the state and condition of the times did, or can permit. And they will be ready to relinquish the said rule, and government upon a full setlement of the affairs of the kingdom. 2. To the second they answer that the armies raised by the said Confederate Catholics were raised, and the said armies Forts, Garrisons and Wards in the demand mentioned are maintained for the safety of the kingdom, and to preserve his Majesty's interests, and the said armies always were and are in actual service accordingly, and that upon a full setlement, the same are to be disposed of as his Majesty will direct. 3. To the third they say that so much of the profits therein mentioned as grew dew since the seventh day of August 1641. (on which day happened that enforced and fatal adjournement of the parliament from whence all the distractions of this kingdom did spring) as was received by the said Confederate Catholics, and many an hundred times more was by them employed and expended in his Majesty's service for the defence of the kingdom, And the said profits for the time to come after a full setlement are to be disposed by such hands, as his Majesty shall think fit. 4. To the fourth they say that the free gift granted to his Majesty by the said Confederate Catholics is already overpayed, as shall be made appear upon account by the supreme Counsel of the said Confederate Catholics, to whom that affair is entrusted. 5. To the fifth they say that the Ports of Waterford and Rosse, being within the quarters of the said Confederate Catholics by the Articles of Cessation, they have according the said articles received the profits accrueing out of the customs of those ports, and employed the same in his Majesty's service and defence of the kingdom. 6. 7. The matters contained in the sixth and seventh Demands are properly to be determined in such manner as shallbe agreed upon in the conclusion of this treaty. And what further concerns the said demands, or the matters in them, or any of them contained we conceive proper for a debate & to be determined upon conclusion of the treaty. The said Confederate Catholics do refer their answers to the demands made on the behalf of the protestant Clergy to the first of the propositions presented by them, And to the debate and determination thereof. Answers to the Demands made on the behalf of His Majesty's Protestant subjects: 1. TO the first the said Confederate Catholics do answer, that after a full setlement of affairs, reciprocal restitution is to be made aswell to the said Confederate Catholics, and every of them, as also to his Majesty's said protestant subjects, and to every of them, other than such of the said protestants as are or shallbe joined in a rebellious covenant against his Majesty, or adhere to the malignant party of their respective Castles, Lordships, Manors, hereditaments, and Chattels real, whereof they were respectively seized or possessed on the 22. of October. 1641. within the quarters allotted to either party by the articles of Cessation, And other than the Castles, Lordships, Manors, and hereditaments in the county of Wicklow, and in the Territory of Idough, out of which the Natives thereof were by an high and injurious hand, or extrajudicial & arbitrary proceed expulsed since the year of our Lord God 1633. 2. 3. 4. To the second, third, and fourth, they say that the said Confederate Catholics are much more damnified therein then the said protestants. And yet in regard the same may beget many endless suits & troubles, they conceive they are fit to be seriously debated, and finally ended upon the setlement. 5. To the fifth they answer that they know of no Fort, or Castle that was demolished contrary to articles, And when the particulars shall appear, they will give particular answers. 6. To the sixth they say that the Confederate Catholics do receive no profit of their estates detained from them; wherefore they conceive it not equal that the protestants should receive the profits of their estates, until after setlement, and then the profits of both estates, are to be reciprocally received by all parties respectively in such manner as shallbe agreed upon. Reasons why His Majesties said Roman Catholic subjects are not satisfied with the answers delivered them by his Excellency the Lord Marquis of Ormond, Lord Lieutenant of Ireland, his Majesty's Commissioner, to certain Propositions by them presented to his Lordship, on the fourth of September in the twentieth year of his Majesty's reign. IN as much as most of the reasons declaring how the said answers are not satisfactory, do appear either in the said propositions themselves, or in the reasons afterwards in the month aforesaid presented to your Lordship, setting forth the necessity of the said propositions, to avoid reiteration, what is in the said propositions or reasons expressed, is herein omitted. It is therefore humbly desired that your Lordship in your consideration of the reasons now presented will distinctly & apart reflect upon the said former propositions & reasons. The said Catholics upon exact scrutiny, and search by them Reasons against the first Answer. made of their consciences and actions, finding nothing more desired by the one, nor aimed at by the other (next to the homage which they own to the King of kings) than the advancement of his Majesty's service, & the settling of a full peace & quiet in this his kingdom of Ireland, they do therefore with heaviness of heart apprehend some expressions in the first answer (viz. If the said Roman Catholic subjects shall by their obedience and loyalty merit his Majesty's favour and protection) whereas the said Roman Catholics are as obedient & loyal subjects to his Majesty as any other his subjects without exception, & whereas their thoughts or actions have never deserved to put them out of his Majesty's protection, yet the occasion of their said apprehenhensions they may not ascribe to your Excellency, who is entrusted by his Majesty with the acting & directing part in this great affair now in Treaty, but unto some instrumental cause or other mistake. And as to the rest of the said first answer (viz. That when all demands made by your Lordship unto the said Catholics in his Majesty's behalf, or on the behalf of the protestant Clergte, and on the behalf of his Majesty's protestant subjects, are concluded and upon such merit, as is before expressed, the said Catholics shall not have cause to complain that less moderation is used then in the most favourable of Queen Elizabeth, or King james his times, and his Majesty will be further advised upon the repeal of the statutes made against the said Catholics.) Although the said Roman Catholics are most confident of his Majesty's grace and goodness, yet so great is the penalty imposed by statutes of force in this kingdom extending to the goods estates, liberties, lives, and corruption of blood of the said Catholics that they must live in restless fears so long as those extreme punishments hang over them, and in case his Majesty by Letters-patents under his great seal, or otherwise will declare his Royal pleasure against the execution of those statutes upon the said Catholics, yet those fears will hardly be removed thereby, such is the malice of the malignant party, who have vowed the total destruction of the said Catholics, that their adherents here, though not known to be such, will never want will, and cannot want opportunity sufficient to indict the said Catholics upon the said statutes; & the judges before whom the said indictments are found, by their oath declared by the statute of 18. Elizab. will not stop or suspend the proceed of the Court for the great Seal, privy seal, or his Majesty's letters writs or commandments. And your Lordship may please to observe that by long experience it is manifest that since the making of those Laws, being fourscore and odd years, the penalties or forfeitures in them expressed, have not been so prevalent as to draw them the said Catholics from the Religion professed by them and their Ancestors, and no advantage did in so long a tract of time accrue to the Crown by those statutes. And seeing his Majesty is content that moderation should be used towards the said Catholics, to what purpose should the said penal laws be continued in force, whereas the continuation thereof can produce no other effect, than jealousies and fears in the minds of the people. A free Parliament is propounded and a new Parliament is meaned Reasons against the 2. Answer. in this answer to be granted. It is true that Parliaments in their Essence ought to be free, yet some examples showing the contrary in this kingdom, and a clause in the answer, viz. That the Parliament shall be dissolved upon an attempt only of propounding any other matter, then shall be agreed upon by the Articles of Peace, which attempt may be purposely done by some averse to peace to dissolve a Parliament, and the taking away of the said clause, attempt, doth induce the said Catholics to supplicate the inserting of a free Parliament, And that all the acts to be concluded on by the treaty may not be transmitted into England, in regard the substance of that which will be passed as acts, without transmission are to be inserted in the articles of peace, which & none other act of Parliament is to pass upon the suspension of Poynings act without transmission according to the usual manner, wherefore the said suspension can bring no manner of prejudice upon his Majesty, or the public service, and that by the granting thereof the people's minds will be much quieted The said Catholics do therefore humbly desire, that the said act be suspended as is by them propounded. If the now pretended Parliament, or either of the houses of Parliament made any Orders or Ordinances to the prejudice of the said Reasons against the 3. Answer Catholics, the same Parliament may vacate them & take them off the file; And it is not to be presumed that any member of Parliament is so little affected to the peace or quiet of the kingdom that he will give opposition to the third proposition, or to his Majesty's direction, or to your Lordship's request in that behalf. And the said Catholics conceive it necessary in point of honour and reputation that no Order or Ordinance to their prejudice may remain of Record in Parliament. And if no such Order or Ordinance be, the proposition can hardly be denied, wherefore it is humbly desired, that the answer may Reasons against the 4. Answer be more full and satisfactory. Upon consideration of the fourth proposition & of the reasons for the same, it is humbly desired this answer be enlarged to the greater advantage of the said Catholics, then is expressed; and although his Majesty cannot avoid Records of this nature by Proclamation, yet when his Majesty is informed that those indictments and outlawries were done of design to extirpate a Nation, and that in the proceed it will appear, and here was practised, his Majesty's proclamation in a case of this general concernment declaring his dislike of such proceed will be of great consequence and his direction to the Parliament, to that effect will no doubt, accomplish the desire of the said Catholics contained in this Proposition, and his Royal directions to have the Procurers, Actors, and Plotters of and in the said indictments, and outlawries, and the whole proceed questioned, and the design and practise being discovered and proved, than the said records and all matters depending hereupon, aught in law and justice to be vacated and taken off the file, and the pardon in the answer mentioned restores neither blood nor estate, as it is there set down, and admitting the pardon were by Parliament, it will be of absolute necessity to avoid all grants, letter-patents, leases, and other acts, letters, or promises made to the prejudice of the persons attainted, and to restore them to their blood and estate, in which act a clause condemning the manner of the procuring of the said indictements and outlawries is thought necessary to be inserted; and the exception mentioned in the said answer, is humbly desired by the said Catholics to be taken off; and the clause viz. (His Majesty will enlarge his mercy.) to be made more particular. This answer is humby desired to be made equal to all parties one Reasons against the 5. Answer way or other, as it is propounded, and that Catholics should pay debts due upon them, and lose the debts due unto them, is conceived not to be equal. By his Majesty's graces of the fourth year of his reign, all the Reasons against the 6. Answer estates in the Province of Conaght, and County of Clare, in pursuance of the Indentures of composition made by the late Queen Elizabeth, for great and valuable considerations, with the Lords and Gentry of the said Province and County, and of the grants and promises of the late King james of happy memory, were to be confirmed and made good by act of Parliament, the statute of limitation was then to be passed, which extended to all estates in the Kingdom, therefore no greater rent ought to be reserved upon the lands in the said Province or County, nor upon the lands in the Counties of Tiperarie and Lyndak, then was answered to his Majesty in the said fourth year of his Majesty's reign. And the great offices intituling his Majesty unto the before mentioned lands, and to many men's estates in the County of Wickloe, and to the territory of Idough in the County of Kilkenny, were enforced by an high hand; the freeholders' thereof being in possession of their repective estates then and for many ages before, without interruption or question. It is therefore humbly desired, that those offices be vacated and taken off the file, by his Majesty's gracious directions, his highness or his patentees being therein only concerned as to the title found by those offices; And that the statute and limitation may be here enacted with a retrospect to the fourth year of his Majesty's reign, at which time it was promised by his Majesty, to have been passed as an act in this Kingdom, and if it had been so done, the said offices had not been found. And that the case of the County of Wickloe, and the County of kilkenny meriting equal justice and favour with the rest, ought not to be distinguished from them. The clause in the said answer, concerning Inns of Court, and free-schooles, as it is expressed in the answer, will debar Roman Catholics Reasons against part of the 7 Answer so long as they are of that Religion, from attaining to the knowledge of the laws of the land, or any other learning within this Kingdom. This answer is conceived not to be satisfactory and to general; and particular instances of the marks of his Majesty's favour towards Reasons against the 8 Answer the ●aid Catholics is humbly desired. The reasons against this answer in all the parts thereof are the same, that are urged for the ninth Proposition, and upon consideration of To the 9 Answer those reasons, the answer is humbly desired to be enlarged. His Majesty's answer made to the 25. grievance, in the 17. year of To the 10. Answer his Majesty's reign, gives five year's time to the unestated Lords, to acquire estates in this Kingdom; It is therefore humbly desired, that the answer may be more satisfactory on consideration of the reasons for the tenth proposition, and the state of affairs is so altered since that time, that upon the now intended general settlement more circumspection and wariness is to be used then at any time before. The said Catholics do conceive and affirm in all clearness, that the Parliament of Ireland is independent of the Parliament of England, To the 11. Answer without which independency, this realm could be no Kingdom, nor any Parliaments here necessary, nor any subject of this Kingdom, sure of his estate, life or liberty, other then at the will and pleasure of a Parliament, wherein neither Lords, Knights nor Burgesses of this Kingdom, have place or vote, and which vowed the destruction of all or most of this nation, and unwarrantably assumed the power to dispose of their estates, by the Statutes of subscription to malignants, and Hollanders. To draw this into any debate or question might prove of most dangerous consequence to this nation And yet a declaration of the Parliament here, and an act as in the proposition is set down, is humbly desired, in regard his Majesty was drawn to give the Royal assent to the acts of subscription. This answer is humbly desired to be enlarged according to the reasons The 12. Answer for the twelfth proposition. The rates of staple commodities are humbly desired to be moderated by Commissioners to be appointed by both houses of Parliament The 13. Answer The reasons for the not continuance of the chief governor above three years are the same urged for the fourteenth proposition. The 14. Answer The reasons for the erecting and continuance of trained Bands are the same that are urged for the fifteenth proposition. The 15. Answer This answer is humbly desired to be enlarged, and the act of oblivion to extend to goods taken of either side, although the Roman Catholics suffered much more than all others in this war, and The 16. Answer your Lordship will consider the reasons for this proposition. It is of necessity the trial of the persons to be excepted be by parliament, The 17. Answer otherwise the trial cannot be indifferent in this case. We desire notwithstanding those reasons to be admitted to show such further and other reasons, and to add hereunto what we shall think fit touching the matter wherein the answers are short, or not satisfactory▪ FINIS.