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Full text of "Official documents, with extracts from state letters ... : relative to the rights claimed by Roman Catholics to seats in both Houses of Parliament, freedom of corporations, &c. &c. &c. ; with an introductory preface tending to shew how far the claimants enjoyed those privileges from the passing of the act of supremacy in the reign of Queen Elizabeth down to the accession of King William III."

OFFICIAL DOCUMENTS, 



WITH 



<&xtvatt$ 



FROM 



STATE LETTERS, 

AND FROM OTHER 

AUTHENTIC SOURCES OF INFORMATION, 

RELATIVE TO THE 

RIGHTS CLAIMED BY ROMAN CATHOLICS TO 

SEATS IN BOTH HOUSES OF PARLIAMENT, 

FREEDOM OF CORPORATIONS, 

$c. $c. fyc. 

WITH AN 

INTRODUCTORY PREFACE, 

TENDING TO SHEW 

HOW FAR THE CLAIMANTS ENJOYED THOSE PRIVILEGES FROM 

THE PASSING OF THE ACT OF SUPREMACY IN THE REIGN 

OF QUEEN ELIZABETH, DOWN TO THE ACCESSION 

OF KING WILLIAM III. 



BY EIRIONNACH. 

DUBLIN : 

print** ig Kicljartr ©race, |»arfi-&treet : 
PUBLISHED BY ALL THE BOOKSELLERS. 

1828. 



' f wJV* 5> ' *" 



f<fiff 



ADVERTISEMENT. 



The Reader's attention is particularly called to the subjoined 
DOCUMENTS, of indubitable. Authority : 

No. 1. — Shews that Members of Parliament were not obiged to 
take the Oath of Supremacy before the time of King 
William III. DOCUMENTS, page 1. 

2 and 3. — Shew the only Oath that was necessary to be taken 
by certain descriptions of Persons in Ireland to enable 
them to enjoy Rights, &c. p. p. 3 and 4. 

4, 5, and 6.— Shew that Charles I. and Charles II. entertd 
into the most Solemn Treaties with the Irish Roman 
Catholics to secure to them the Right of Sitting and 
Voting in Parliament, &c. p. p, 5, 13, and 30. 

7. — Shews the first attempt ever made to exclude the Roman 
Catholic Members from the House of Commons, by the 
Puritan Party in that House, in 1642, page 51. 

8. — Shews King Charles II.'s recognition of the validity of the 
Treaties of 1646 and 1648, made between the Dnke of 
Ormond and the Irish Catholics, page 53. 

9. — Shews the Peers who voted for the Act of Settlement, p. 56. 

10, 11 and 12. — Shew that Catholic Peers constantly sat in the 
Irish House of Lords in the Parliaments of Charles II. ; 
the distinction made in the Rules of the House, re- 
specting hours of attendance of Protestant and Catholic 
Peers, p. p. 57, 60 and 61. 

13. — Shews the Right, and the exercise of the Right, of Roman 
Catholics to Sit in the House of Commons in the Reign 
of Charles II. page 61. 

14 and 15. — Shew the Right of Catholics to sit in Parliament, 
and to their Freedom and Votes in Corporations at the 
latter end of the Reign of Charles II. p. p, 64 and 66. 

16. — The Treaty of Limerick, page 68. 

17.— Shews the Proceedings in the Parliament in 1695, to ex- 
clude Catholics from their Seats in Parliament, page 79. 

18. — Shews the proceedings in the Parliament in 16L>7, on pass- 
ing the Bill for the Confirmation of the Articles of 
Limerick, with the Protest of fourteen Protestant Peers 
against the injustice of Parliament in violating those 
Articles, which they did by that Bill, page 82. 



ERRATA. 

In DOCUMENTS, Page 59, before the nam« of the 
Earl of Anglesea, dele *. 

In heading of DOCUMENT, No. 14, Page 64, for— 
(This and another Paper, concerning the Nominees, 
were sent April 10M, 1675, by the Lord Conway to the 
Lord Ranelagh, one of King Charles tbe Seco?id's Mi- 
nisters in England, by His Excellency Arthur Cape I 
Earl of Essex, Lord Lieutenant of Ireland.) — read, 
(This and another Paper, concerning the Nominees, 
were sent by the Lord Conway to the Earl of Arlington.) 

In same heading, for Page 158, read Page 1 85. 



IPIBUlPA^im 



The privation of Civil Rights under which the 
Roman Catholic subjects of these Kingdoms have 
unjustly suffered for a number of generations, and 
under which they still labour, has, for a long series 
of years, kept this nation in a state of agitation and 
discontent. For a redress of their grievances they 
have, almost year after year, for upwards of thirty 
years, in the most humble manner supplicated the 
Legislature. But their efforts have been unavailing. 
Bigotry and intolerance have triumphed over jus- 
tice and humanity, and the Roman Catholics have 
still the mortification to feel themselves a degraded 
people in the land of their nativity, beside the loss 
of benefits which by the law of God and nature 
they have a right to enjoy, in common with the most 
favoured of their fellow-subjects. For a restoration 
of those rights the Catholics claim the benefit of 
treaties, solemnly entered into with them, and which 
secure to them the possession of those rights. Of 
these treaties that of Limerick, as being the last, 
and the fulfilment thereof being secured to them by 
the royal word of King William the Third, the 
Catholics claim the full benefit. The justice of their 
claims in this respect their enemies have been obliged 
to allow ; and a violent opposer of those claims, a 
gentleman high in office, has declared, that if it can 
be proved that the Catholics of Ireland have been 
deprived of any rights secured to them by that 
treaty, he will himself vote for Catholic Emancipa- 
tion. To satisfy the mind of that gentleman, and 
of all others who may be desirous to know how far 
the elaims of the Catholics are countenanced by the 

a 



IV 



treaty in question, the following' Documents, col- 
lected from Records, State Papers and Letters, and 
other authentic sources are now submitted. 

That the Roman Catholics of Ireland in general 
never were, by any law, deprived of those rights 
which they now seek to recover, until the reign of 
King Willktm the Third, it is submitted, the His- 
tory and the Statute Law of the nation abundantly 
testify. Persons holding" particular offices under 
the Crown were, indeed, by the Statute, Second of 
Elizabeth, chap. I. compelled to take the Oath of 
Supremacy, but no other description of persons 
were by that Statute prevented from the enjoyment 
of any Rights or Privileges they enjoyed at any 
previous period.— (See DOCUMENTS subjoined, 
No. 1, page 1.) 

Mr. Carte in speaking of the Oath of Supremacy 
says, iC The Oath contains only a Declaration that 
the Queen (or King) is the only supreme Governor 
of this Realm, as well in Spiritual or Ecclesiastical 
things or causes as Temporal ; and that no Foreign 
Prince, Prelate, State or Potentate, hath or ought 
to have, any jurisdiction, power, superiority, pre- 
eminence or authority Ecclesiastical or Spiritual 
within this Realm ; with a promise of renouncing 
such foreign authority, and of maintaining that of 
the Crown of England. To guard against any 
wrong construction or perverse interpretation of 
this Oath, she at the same time published injunc- 
tions, wherein she declared that she pretended to 
no priestly power, and that she challenged no autho- 
rity, but what was of ancient time due to the Impe- 
rial Crown of England, that is, under God to have 
the sovereignty and rule over all manner of persons 
born within her dominions, of what estate, whether 
ecclesiastical or temporal soever they be, so as no 
other sovereign power shall or ought to have any 
superiority over them : and she allowed every body 
to accept the Oath with this interpretation and 
meaning/' (Carte's Life of the Duke of Ormond, 
folio, London, p. Q&.) 



It is a well known historical fact, that all through 
the reign of Elizabeth the Roman Catholic Peers 
sat and voted, in the House of Lords, and the 
Knights, Citizens and Burgesses, sitting in the 
House of Commons, during the same period, were 
indiscriminately chosen from the Catholic and Pro- 
testant Bodies, and by Catholic and Protestant 
Electors, Indeed so well were the Protestant Party 
convinced that the Roman Catholics would have a 
majority in the House of Commons for the rejection 
of the Act for establishing the Queen's Supremacy, 
and that for the " Uniformity of Common Prayer 
and Service in the Church and the Administration 
of the Sacraments," (Second Eliz. cap. 2,) if the 
House were regularly constituted, and the full num- 
ber of representatives returned to sit in Parliament, 
that they were obliged to have recourse to a strata- 
gem to prevent the defeat of the Bill. This Parlia- 
ment was convened by Thomas, Earl of Sussex, 
Lord Deputy of Ireland, who came over with spe- 
cial instructions for establishing the reformed wor- 
ship. To enable him to act up to his instructions, 
in this particular, he took special care that out of 
the twenty Counties, into which Ireland was then 
divided, ten Counties only were summoned to return 
representatives to the House of Commons. The 
Counties summoned were Meath,Westmeath, Louth, 
Kildare, Catherlow, Kilkenny, Waterford, Tippe- 
rary and Wexford, The Counties not represented 
were Cork, Kerry, Limerick, Connaught, Clare, 
Antrim, Ardee Down, King's County and Queen's 
County. The other members of the House of 
Commons were Citizens and Burgesses of those 
Cities and Towns in which the Royal Authority 
was predominant, by which a majority for the 
Queen's wishes was secured. The entire number of 
the Commons amounted to only seventy-six. The 
number of Peers who sat in the House of Lords 
was only forty-three, of which twenty were Bishops, 
and of these only two, Welsh of Meath, and Leve- 



VI 



re'ux of 'Kildare, were strict adherents to the Roman 
Catholic Religion. Ol the Lay- Peers, though the 
majority of them were Catholics, the other party 
being joined with the Bishops give the preponder- 
ance to the Protestants, and by this ingenious con- 
trivance of a packed Parliament, the Acts of Supre- 
macy and Uniformity were carried through both 
Houses. fSee Rolls of Chancery, second Eliz. and 
Leland's History of Ireland, Dublin edition, Svo. 
1814, vol. 2, p. 224.) 

How this affair was managed is related by the 
learned Doctor John Lynch, Roman Catholic Arch- 
deacon of Tuam, in the time of King Charles the 
First. In his " Cambrensis Eversus" he informs 
us, that the Statute of Uniformity of the second ot 
Elizabeth was passed by the artifice of a Mr. Ston) - 
hurst of Corduff, then Speaker of the House of 
Commons, who, being in the reforming interest, 
privately got together, on a day when the House 
was not to sit, a few such members as he knew to 
be favourers of that interest, and, consequently, in 
the absence of all those he believed would give it 
opposition. (See a'so Analect. Sacr. p. 431.) 

The Parliament of eleventh Eliz. ( 1 o69) was also 
composed of Catholics and Protestants in both 
Houses. In this Parliament " several Persons were 
returned Members for Towns not incorporated, and 
Sheriffs and Magistrates of Corporations had re- 
turned themselves, and numbers of Englishmen 
had been returned for Towns which they had never 
seen or known. •' Some of these were by the Judges 
" declared incapable of sitting, but still there was 
"left to the Government that majority of friends, 
which so much pains had been taken to acquire. " 
(Leland, vol.2, p. 242.) 

The Parliament of 1585, (twenty-seventh Eiiz) 
was remarkable for one particular circumstance al- 



vn 

tending it, namely, that several of the Irish Chiefs 
and heads of tribes were summoned to it, who 
never before attended an English Parliament. — 
The Annals of the four Masters give the names of 
fifty -three Irish Chiefs who were summoned and 
attended that Parliament, some of whom had been 
created Peers, but whether the other Irish Chiefs 
sat as Barons of Parliament, which is most likely, 
or whether they sat in the House of Commons the 
Annalists do not inform us. Upon this a question 
might arise which it is foreign to this publication 
to pursue. Leland tells us (Hist. Ireland, v. 2, 
p. 295,j that " none of the Northern Counties as 
yet elected their Knights, except Cavan, which 
was represented by two loyal Irishmen of the 
family of O'Reilly, with these we may reckon as 
reformed Irish, Sir Hugh Mac-Gennis, member 
for the County of Down ; Sir Tirlaugh O'Brien 
for Clare, Shane M'Brien, for Antrim, and the 
two members for Longford, of the name of 
O'Ferghal. Among the spiritual Lords sat the 
Bishops of Clogher and Raphoe, two sees which 
Davis assures us never were bestowed by Queen 
Elizabeth : and among the temporal Barons, 
Tirlaugh, the old Chieftain of Tirowen, was now 
admitted." For all this he quotes the authority 
of the Rolls of Chancery, H. A. twenty-seventh 
of Eliz.. Yet in this there is something like mis- 
take, which we shall not now stop to examine into, 
but must observe that if Tirlaugh the Chief of 
Tirowen, who never was created a Peer, sat as a 
temporal Baron, there is a strong presumption 
that the other Chieftains also sat as temporal 
Barons. 

In neither of these two last mentioned Parlia- 
ments was there any Act passed, r.or any other 
thing done, to deprive the Catholics of any Civil 
or Religious Rights or Privileges that they en- 
joyed at any time before the Reformation. They 



Vlll 

exercised in as ample a manner as any Protestant 
subjects all the functions that any Protestant did, 
which did not require that the person so exercising 
should take the Oath of Supremacy, and the pe- 
nalties for the non-compliance with the Act for 
the Uniformity of Worship were by no means 
strictly enforced. 

The reign of James I. who succeeded Elizabeth 
on th(f Throne of England, m 1602, opened a 
new field whereon the enemies of the Catholic 
Religion were allowed to exercise their ingenuity 
to deprive the professors of that faith of any pri- 
vilege they enjoyed, that were forbidden by law ; 
yet during the entire of this reign no attempt was 
made to deprive them of the liberty of sitting and 
voting in both Houses of Parliament. This for- 
bearance did not arise from any tenderness that 
either James or his Ministers felt for the Catho- 
tics, but because they knew there was no law to 
deprive them of that liberty. 

James, though a determined and implacable 
enemy to the Catholic Religion, had, for some 
years before the Death of Elizabeth, taken a great 
deal of pains to make friends among the Catholic 
Princes of Europe, and had actually commissioned 
Lord Home, in a secret manner, to hold a corres- 
pondence and open a negociation with the Pope ; 
and at the same time employed the Roman Catho- 
lic Archbishop of Glasgow to make friends 
amongst those of his own Religion where- 
cver he could. He also had his Agents in Ireland 
fomenting Tirone's War. " Of these intrigues 
Queen Elizabeth received obscure hints from all 
quarters. ,, (Robertson's History of Scotland.) 
This the Queen gave him to understand, in a letter 
she wrote to himself in 1599; but still he went 
on, and so great was his duplicity that numbers of 
the Roman Catholics believed him to be of that 



}X 



Religion, and accordingly expected favours from 
him upon his accession to the Throne of England. 
Mr. Osborne, in his works, says, " It is certain 
that the promise made by King James to the Ro- 
man Catholics, was registered, and amounted so 
high at least, as a toleration of their Religion." 

But the Catholics were not the only people who 
were taken by James's duplicity, " for thougjpfce 
most heartily hated the Presbyterian clergy,, he 
dissembled his resentment, until he could shew it 
with safety." M Notwithstanding all the rudeness 
with which he had been treated by his Clergy, in 
the General Assembly at Edinburgh, 1590, he 
stood up with bonnet off, and his hands lifted up 
to heaven, and said, " He praised God, that he 
•* was born, in the time of the light of the Gos- 
" pel, and in such a place, as to be King in such 
" a Church, the sincerest [purest] Kirk in the 
" world. The Church of Geneva keep pasche and 
*' yule, [Easter and Christmas,] what have they 
" for them? they have no institution. As for our 
" neighbour Kirk of England, their service is an 
" evil said Mass in English ; they want for no- 
4i thing of the Mass but the liftings. I charge 
" you my good ministers, doctors, elders, nobles, 
" gentlemen, and barons, to stand to your pu- 
u rity, and to exhort the people to do the same ; 
/• and I, forsooth, as long as I brook my life shall 
" maintain the same." (Calderwood? $ Church His- 
tory of Scotland, p. 256, fol. Edinburgh, 1680.) — 
And in his speech to the Parliament, in 1598, he 
tells them, " he minded not to bring in Papistical 
" or Anglicane Bishops," (Id. p. 418.) and in 
1602, he assured the General Assembly, " that he 
u would stand for the Church, and be an advocate 
«• for the Ministry."— (Spotswood, p. 468.) Yet 
while he was thus deceiving the Puritans, he was 
playing a deeper game of treachery with the Ro- 
man Catholics, who seem to have been doomed by 
Providence to be the dupes of designing villains. 



But whatever hopes the Catholics might have 
placed on the promises of James, his conduct, and 
that of his Ministers, completely destroyed, very 
soon after his accession to the English throne Jn 
1602 he became Kins: of England, and on the 
4th of July 1605, a Proclamation was issued in 
England, commanding all Jesuits, and other 
Priests, to depart from the Kingdom ; and a si- 
milar Proclamation was immediately after pub- 
lished in Ireland. In the outset of the Proclama- 
tion, James seems to betray some consciousness 
of the breach of his promises to the Irish. It 
commences with stating, " that whereas His 
" Majesty was informed, that his subjects of Ire- 
11 land had been deceived by a false report, that 
* His Majesty was disposed to allow them liberty 
" of conscience, and the free choice of a religion, 
•' contrary to which he always professed himself, 
" by which means it has happened, that many of 
** his subjects of that Kingdom had firmly resolv- 
" ed to remain constantly m that Religion. — 
" Wherefore he declared to all his loving subjects 
" of Ireland, that he would not admit any such 
" liberty of conscience, as they were made to ex- 
H pect by that report." The Proclamation then 
goes on to command all and each of Majesty's 
subjects, for the time to come, to frequent their 
respective churches, chapels, &c. thus strictly 
enjoining the execution of the Act of Unifor- 
mity, the second of Flizabeth, which though 
passed, as it is asserted, in a packed Parliament, 
upwards of forty years before, was then first so- 
lemnly published. 

To enforce the penalties for a breach of the 
Act of Uniformity at this time, as well as the 
strict observance of the Act of Supremacy, was 
uncalled for and unjust. Tt was well known that 
both those Acts were imposed upon the nation by 
force and fraud. The assembly of persons called, 



a Parliament, that passed those Acts were not 
considered as a Parliament legally convened, ten 
only of the counties being summoned to send 
their representatives to that Assembly, and the 
cities and towns that sent representatives, were 
mostly those that were under the influence of Go- 
vernment* But constituted even as this Parlia- 
ment was, it was with difficulty, and by trick, the 
Acts were carried. Leland tells us, " the Lords 
44 and Commons met on the eleventh day of Ja- 
44 nuary, 1550, fully apprized of the purpose of 
44 convention, but not universally well disposed 
44 towards the intended regulations. Such various 
44 establishments, with respect to religion, had 
" been made and reversed in the reigns of Henry, 
44 Edward and Mary, that the numerous partizans 
44 of Rome affected to lament the distinctions 
44 which had followed the first revolt from the an- 
" cient system ; and urged, that to give rest to the 
44 minds and consciences of men, it was absolutely 

44 necessary to resist all further innovations 

44 So much had Sussex been alarmed by the oppo- 
44 sition he had encountered in this Parliament* 
44 that he dissolved it in a few weeks ; and repair- 
44 ing to the Queen, entrusted the Irish Govern- 
44 ment to Sir William Fitz-WiHiam." (Leland 
Hist. Ireland, vol. U.p.p. 224,226*.) 

But the dissatisfaction occasioned by the enact- 
ing of those offensive Statutes was not confined to 
opposition members in the Parliament, it extend- 
ed all over the nation, and every mouth inveighed 
against the Queen, and the junto by whose in- 
trigues the measure had been accomplished. — 
Hence it was that the Act of Uniformity was ne- 
ver ventured to be either generally or strictly en- 
forced during the entire of Elizabeth's reign. 

But notwithstanding that this Statute was suf- 
fered to remain nearly as a dead letter, during the 

b 



XII 



reign of Elizabeth, the ministers of James, regard- 
less of the odium it must throw upon their master, 
thought the enforcing of it now might be profit- 
ably undertaken. The profit, however, it appear?, 
was not intended either for the benefit of the State, 
or of the poor of the several parishes, to whose 
relief the Act provides the fines to be imposed 
should be applied. Mr. Carte, in his Life of the 
Duke of Ormond, (vol. I. p. 523,) tells us that 
the fine of l2d. Irish, for being absent from 
Church on Sundays and holidays, " had never 
been levied but on particular occasions, and for 
the private gain of Ministers, and then had al- 
ways occasioned a clamour abroad, of a terrible 
persecution." That these fines were applied in 
that manner, at the period we now treat of, is 
shewn by the 18th Article of the " Disorders and 
Abuses in the Civil Government," laid before King 
James, by the Agents of the Roman Catholic 
Lords, Knights, Citizens and Burgesses, who sat 
in the Irish Parliament in the year 1613. That 
Article states, " The Statute made the second of 
" Elizabeth, laying a penalty of 12d. every Sunday 
u and holiday, for not going to Church, is put 
" strictly in execution in many places ; but the said 
" money being a great matter of value over the 
fi whole Kingdom, is not employed upon the poor, 
" according to the Statute ; but how they dispose of 
it, " the Parishioners or Church-wardens know 
not." (Desiderata Curiosa Hibernica, Dublin, 
1772, vol. I. p 249 J 

Part of the answer of Chichester, the Lord De- 
puty, to this article is at least curious, if not as sa- 
tisfactory as ought to be expected from one in his 
state, and lying under such heavy charges. His 
Excellency tells his Majesty, that indeed " The 
" Statute of Recusants hath of late been put in exe- 
" eution," ami a that as touching the monies levied 
" in the County of Dublin, it is indeed left in the 



* 3 » 

Kill 



" hands of the Clerk of the Crown, by a special 
" order from the Lord Deputy and Council, to be 
" employed in repairing of Churches and Bridges 
*' and like charitable uses." And why ? good 
reader guess. But you cannot. Let the Deputy 
answer. — ; — (t Because the poor of the parishes, 
who are not yet indicted, are not fit to receive 
the same, being Recusants, and ought to pay 
the like penalty."— (Idem, p. p. 274, 27*5.) 






Still, notwithstanding this persecution of the Ro- 
man Catholic Priesthood and Laity, James did not 
attempt to deprive the Catholics of their right to 
sit in both Houses of Parliament. But prepara- 
tory to the meeting of the Parliament in 1613, he 
thought, by a stretch of the royal prerogative, to 
secure the attendance of his friends, that would 
out-number the Catholics in the House of Com- 
mons. For this purpose he created a number of 
new Boroughs, and made Freemen of persons who 
were masters of no property, nor possessed of a 
sod of land in Ireland. And to deter the Catholic 
members from coming to, or giving opposition to 
the matters to be proposed in that Parliament, 
Chichester was charged with having drawn armed 
men, out of several garrisons into Dublin ; and 
numbers of the Protestant party appeared in the 
House, armed with swords, while the Catholics 
were ** for the most part in gowns, without any 
" weapons." — (See Desiderata Curios, vol. 1 p, 
356, 357.) 

Of these irregular proceedings the Roman Ca- 
tholics complained to the King, but their com- 
plaints went for nothing. After a long investiga- 
tion, in which there was an ostentatious appear- 
ance of impartiality, the " Pedantic King" made a 
sneech to the Roman Catholic Agents, in which, 
though he was compelled to acknowledge some of 
their complaints were well founded, yet he declar- 



xiv 

cd Chichester blameless, and told them they had 
been guilty of little short of rebellion, in their ap- 
plication to him for redress. It is remarkable that 
in this speech the King says, " There is a double 
<c cause why I should be careful of the welfare of 
" the people : first, as King of England, by reason 
(t of the long possession the Crown of England 
" hath had in that land ; and also, as King of 
" Scotland ; for the ancient Kings of Scotland 
" are descended from the Kings of Ireland ; so 
" as I have an old title as King of Scotland, there- 
" fore you shall not doubt to be relieved when you 
u complain, so as you will proceed without cla- 
6< mours." — (See the entire of James's speech in 
Desiderat. Cur. Hihern. vol I. p, ;J02 to 312 ) 

To trace the disputes between the Roman Ca- 
tholic party, on the one side, and the Protestant 
party, headed by Chichester, and backed by the 
King, on the other side, relative to the election of 
a Speaker to the House of Commons, and other 
matters, would be irrelevant to the design of this 
publication, which is merely intended to shew, that 
at no time before the reign of William 111. were 
the Catholics deprived of their right to sit in Par- 
liament. We shall therefore refer those who may 
be desirous to be more fully informed on the nature 
of these disputes, and the proceedings thereon, to 
the authority last quoted, from page 165 to page 
430, inclusive. 

But though the Catholins were not deprived by 
James of their right tu sit in Parliament, they were 
deprived of other valuable privileges, to which 
they were as fairly entitled. " This year all the 
" Counsellors of Law that were in Ireland,, who 
" would not take the Oath of Supremacy, were put 
" from pleading of causes in any of the Pour 
" Courts, or elsewhere to speak for any clients. 
" Likewise such as were pensioners, that would not 



XV 



" take the said Oath, were discharged of their peil- 
<• ■• dons."— (Desiderat. Cur. (p. 320-1.) But 
whatever colour of pretence there might be for de- 
priving the latter of their pensions, there was cer- 
tainly nothing but the arbitrary mandate of the 
King, or rather of those who governed Ireland in 
his name, to justify the depriving of the Irish Law- 
yers of the benefits of their profession ; for neither 
the Statute of Supremacy, nor any other Statute of 
force in Ireland, commanded such persons to take 
the Oath prescribed by that Act. 

Notwithstanding the disputes in the Parliament 
of 1613, the members, and particularly those of 
the Catholic religion, were forward in voting the 
necessary supplies for the support of the State, 
although from their numbers, and the extent of 
their estates, the proportion of the subsidies, paid 
by the Catholics, would by far exceed that of all the 
rest of his Majesty's subjects in Ireland. This seem- 
ed to have interested the Kin^ in their favour — 
for when he understood the manner in which the 
supplies had been voted, he wrote a letter to the 
Lord Deputy, and ordered it to be publicly read 
in the House, and " commanded him to give them 
" thanks, in his name, and to let them know that 
6i he was much better pleased with the free manner 
" of that present of their affections unto him, than 
u if they had given him ten times the value of the 
u money with unwilling hearts." — (Commons 
Journals, vol. I. p. 45, 47.) 

But the King soon forgot the occasion that call- 
ed forth his thanks, for upon the appointment of 
Sir Oliver Saint John, in 161 6, to be Lord Deputy 
of Ireland, the fines for notgoin^ to Church were 
rigorously enforced ; and on the 15th October, 
1617, a new Proclamation was issued against the 
Popish Clergy. These severities were continued 
against the Catholics, while Saint John remained 



XVI 

in office as Lord Deputy, and from the lime of the 
appointment of his successor, Lord Falkland, until 
the death of James, on the 27th March, 1625. 
But notwithstanding these persecutions, no attempt 
>vas made in all this reign to deprive the Catholics 
of their right of sitting in both Houses of Parlia- 
ment. 

On the death of James, his son Charles I. as- 
cended the throne of England ; and for the first 
two or three years of his rei^n, the Catholics of 
Ireland were not quite so grievously persecuted as 
in the latter end of his father's days. The King 
seemed to feel for the sufferings of the Irish peo- 
ple, but the bigotry of Falkland, his Lord Deputy, 
and those associated with him in the administration 
of the Government of Ireland, counteracted in a 
great degree the apparently kind intentions of the 
Monarch. We are told by Mr. Grainger, in bis 
Biographical History of England, vol. 11 p. 147, 
that Falkland's u strict, though legal administra- 
" tion, in regard to the Papists, whom the Court 
" was inclined to favour, raised the loudest cla- 
" mours against him from that party, who caused 
" him to be dismissed from his Viceroyalty, with 
" some circumstances of disgrace." 

In Ihe year 1626, England was involved in a 
war with the two most powerful Kings in Europe, 
undertaken at the instigation of the English Par- 
. liament ; but it was with much reluctancy that 
they voted scanty supplies to the King, to carry 
on the war for the national honour. In this per- 
plexity of his affairs, the King was obliged to have 
recourse to some extraordinary powers, incident to 
the royal authority, which created a great clamour 
against him, amongst his loyal subjects of Eng- 
land, and their friends in Ireland. The Roman 
Catholics of Ireland on the contrary, freely came 



XVII 

forward, and offered constantly to pay an army of 
five thousand toot and five hundred horse, for his 
Majesty's service, provided they might be toler- 
ated in the exercise of their religion. — (Sir Edw. 
Walker's Hist. Discourses, fol. 377 )— The to- 
leration they required , was merely an abatement 
of the oppressions ami extortions of the Ecclesias- 
tical Courts ; to have all proceedings against them 
in these Courts suspended ; to be released from 
those exorbitant sums which they were obliged to 
pay for christenings and marriages, and to have 
the extravagant surplice-fees of the clergy abo- 
lished. To this reasonable proposal the Court lent 
a favourable ear ; but the Protestant Archbishops 
and Bishops became alarmed for the loaves and 
fishes, and on the 26th of November, 1626, twelve 
of them assembled at the house of Archbishop 
Usher, and drew up a '• Judgment concerning 
" toleration of Religion" which sets out with 
declaring, that " The Religion of the Papists is 
" superstitious and idolatrous ; their faith and doc- 
u trine erroneous and heretical ; their Church, in 
"respect to both, Apostatical: To give them, 
" therefore, a toleration, or to consent that they 
" may freely exercise their religion, and profess 

" their faith and doctrine, is a grievous sin 

a To grant them a toleration in respect of any 
" money to be given, or contribution to be made 
" by them, is to set Religion to sale, and with it 
° the souls of the people, whom Christ our Saviour 
u hath redeemed with his most precious blood."—- 
(For this, and the rest of this Document^ see 
Coxe's Hibernia Anglicana, or History of 
Ireland, folio, London, 1690, part II. p. 43. 

This, and a Remonstrance from the House of 
Commons in England, put a stop to the intended 
concessions to the Catholics, for that time. But 
the exigencies of the King were now so great, that 



VIII 



it was necessary he should procure money, by some 
means, since his English Parliament refused to 
grant him supplies. It was therefore thought 
reasonable that, " because the Irish Agents, in 
" England, did consent to the payment of 120,000/. 

<c in three years that the King should signify 

" his gracious acceptance thereof, by conferring 
" some extraordinary favours on the Agents, and 

<c contributors And therefore the Kins; did on 

" the 24th day of May, grant them the following 
" Graces, which were transmitted to Ireland, by 
u way of Instructions to the Lord Deputy and 
" Council."— (Ibid, p. 44.) 

These Graces were proclaimed by Falkland 
shortly after they had been received by him ; but 
it would appear that they were withheld from those 
for whose benefit they were principally intended. 
And Wentworth, who succeeded Lord Falkland 
as Deputy, and his Council of Ireland, advised the 
King to retrench those Graces, though the Com- 
mons House of Parliament, which sat in Dublin, 
in 1634, recommended that they should have the 
sanction of Law. The Graces at large, with the 
Request of the Commons, and the advice of the 
Lord Deputy and Council of Ireland, concerning 
that Request are to be found, printed in three pa- 
rallel eolumns, in Strafford's State Letters, vol. I. 
p. 312, &c. — (For Falkland's Proclamation, see 
the subjoined DOCUMENTS, No. 2, Page 3.— 
And for the Grace that dispenses with the Oath 
of Supremacy, see No. 3, Page 4.) 



XlX 



" Instructions to be observed by Our Right Trusty 
and Well-beloved Cousin and Councellor Henry 
Lord Viscount Falkland, our Deputy General 
of our Realm of Ireland, and by our Council 
there ; and by the Deputy or other Chief Gover- 
nor or Governors and Council there, which here- 
after for the time shall be : and by all other 
our Officers and Ministers whom it may severally 
or respectively concern. 

" I. At the humble request presented unto us, on the behalf 
of our Subjects of Ireland, upon mature consideration had 
thereof, and by the advice of our Privy Council, we are gra- 
ciously pleased, in the first place, to order and direct, for the 
better preservation and ease of our said Subjects, that our Sol- 
diers there be called in, and limited to the most serviceable 
Garrisons ; and that they be not called from thence upon any 
pretence, but against the enemy, or rebel that makes head. 

" II. For the collection of our rents, m case of default, 
that first a summons process shall issue; secondly, that a pur- 
suivant be sent ; and lastly, if this be not sufficient, in case 
the sum be of value, that then our Vice Treasurer, by warrant 
from our Deputy and Council, shall appoint a competent num- 
ber of soldiers of the next adjoyning Garrison, to collect our 
said rents, at the charge of the parties complained of; having 
care that any man be not burdened vvitb a greater number of 
soldiers than the service shali necessarily require. 

'? III. And when necessity requires the marching of our 
soldiers, against the enemy, or rebel, that the Officers imployed 
shall give ready money or ticket, to be defalked out of their en- 
tertainment, and duly paid into the country upon demand, 
without taking money, pawns, or distresses, but such meat 
and drink as the people can afford. 

" IV. That laying of any burthen upon our subjects for 
payment of soldiers be forborn, except in cases of inevitable 
necessity. 

" V. Concerning the o;rant for selling of aquavitce and wine* 
in regard it is complained of as a great burthen to the country* 
without any profit to us, we are pleased that the Patentee, or 
his assigns, shall be restrained from all proceedings whatso- 
ever, to the charge or vexation of any of our subjects, for or 
concerning that grant, until the assembling of the next Par- 
liament; and that it be taken into consideration by the Houses 
of Parliament, and regulated as may best agree with the ease 
and convenience of the Commonwealth, and the advantage of 
our profit in the subsidies. 



XX 

" VI. For the licensing to sell all and beer, forasmuch as it 
appears that the same hath no ground of law, that the grant 
thereof shall be presently resumed into our hands, and that all 
proceedings thereupon shall cease until the next Parliament ; 
aud that in the Parliament such course be laid down for li- 
censing and selling of beer and ale from that time forwards, as 
shall be most convenient ; wherein consideration must be taken, 
that a profit in the subsidies may thereby be advanced ; and in 
the mean time no process or warrant to issue to the charge or 
trouble of any our subjects, touching that grant. 

'* VII. That the late proclamation of the first of February 
last, concerning the fees of the Clerk of the Market, and all 
other fees mentioned in the said proclamation, shall be sus- 
pended until further order. And because there appears nothing 
here, but that the grant of the Clerk of the Market and Gauger 
complained of is lawful, only there is question of the fees, that 
our Chancellor, two Chief Justices, Master of the Rolls, and 
Chief Baron, there taking to their assistance two more of the 
principal Gentlemen of the Country, shall regulate the fees to 
be taken by those Officers, according to the law. And for the 
measure of the cask to be exported into any foreign parts, you 
our Deputy and Council, are to take it into your consideration, 
and upon conference with the Officers of our Customs, and the 
Merchants, such as you shall think fit to call before you, to 
limit them to such a certain gage for the same, as shall be 
most advantagious to the Merchants in their traffique, without 
prejudice to us in our Customs; leaving the gage of cask that 
shall be vented within the land to be ruled by the standard 
there. And in regard it is alledged, that the Packer's Office is 
not ancient, nor grounded upon law, we require you and our 
Council to take consideration thereof, and to set down such 
orders as may take away the abuses. 

" VIII. Tn reforming of the barbarous abuse of the short 
ploughs, we are pleased that the penalty now imposed thereon, 
shall be presently taken away ; and that hereafter an Act of 
Parliament shall pass for restraining of the said abuse, upon 
such a penalty as shall be thought fit. 

" IX. That all grants for places assigned for tanning of 
leather by Sir Henry Sidney, according to the Statute 11 Eliz. 
enacted in Ireland, shall stand good ; and also all other grants 
or licences past in fee simple or fee farm under our Great Seal, 
for tanning of leather in Cities, Corporations, Towns, Man- 
nors, or other particular places, shall likewise stand good : — 
But that all grants or licensing concerning tanning of leather 
throughout Counties, Baronies, or Hundreds, past or to be 
past to any particular person, for life, years, or otherwise, by 
pretence whereof any licence or toleration is or may be made 
by the said particular person or persons to any the inhabitants 
of the said Counties, Baronies, or Hundreds, shall be called 
in and suppressed. And to supply any defect that may be for 



XXI 

want of liberty to tan leather fn convenient places, we require 
and authorize you our Deputy and Council for the time being, 
to pass Letters Patent under our Great Seal there, for tanning 
of leather in places where you shall think convenient, without 
payment of any fine, with a clause of non obstante of the Sta- 
tute aforesaid. And in the next Parliament we are pleased 
that a further course shall be taken therein, and likewise for the 
inhibiting of the barking of trees. 

" X. Aud for the furtherance of traffick, and bringing in of 
corn into that our Kingdom, we are graciously pleased, that 
corn may be transported without licence into any of our domi- 
nions, and other countries in amity with us, when wheat shall 
not exceed the price of ten shillings, English, a Bristol-band 
barrel ; and likewise, that living cattle may be brought into 
our dominions without restraint or licence ; and that wooll also 
may be transported, provided that it be into our Kingdom of 
England only, and paying the ordinary customs and duties : 
In which three last particulars, we require you to take order by 
Act of State, or otherwise, as shall be most expedient. 

" XT. The Patent for linen yarn shall be resumed, to the 
end the whole profit mny come to us and our crown, as well 
that which the Patentee doth receive, as that which we now 
have : And the Patentee shall receive such recompence as con- 
cerneth the transportation of the said linen yarn, and conse- 
sequently not to be compelled to take licence. Nevertheless, it 
is our pleasure, that the Patentee continues his grant, and re- 
ceive the profit as hitherto he hath done, until he be com- 
pounded with, and receive recompence for it. 

" XII. We are graciously pleased, that tallow, and hides, 
and fish, beef and pork in cask, may be freely transported into 
our dominions, and all other States in amity with us ; and that 
all such pipe staves as are already made, may be transported 
into any of our dominions, paying the customs and duties. 

a XIII. The Bishops and Patentees of dissolved Abbies, 
and other Religious Houses, in or near Cities and Towns of 
Ireland, pretending liberties and freedom, are to contribute 
towards the lodging of soldiers, and to bear such other public 
charges, according to indifferent assessment to be made and 
laid upon them by the Sheriffs and other Magistrates of Coun- 
ties and Cities, and the proper Officers of those places ; and to 
that purpose you are to publish a General Order, to avoid any 
dissension that may arise thereout ; and for other matters, they 
are to be left to the law. And if any unjust charge, in what 
kind soever, shall be laid on any of our subjects of that our 
Kingdom, they shall have access unto us, and gracious hear- 
ing. 

" XIV. Creation Money for the Nobility is to continue, ac- 
cording to the Letters Patents thereof; and the impost on wines 



*fcH 

is likewise tobe continued to such of the Nobility and Council as 
shall reside or bear principal offices in that Kingdom : And the 
two Presidents of Munster and Conaught are to enjoy the same, 
although they be absent, because they keep tables for their se- 
veral Councils. 

" XV. The Subjects of our Realm are to be admitted to sue 
their liveries, ouster le mains, and other grants depending in 
our Courts of Wards, taking only the Oath here under ex- 
pressed, and any other Oath to be forborn in that case : And 
the natives of that Kingdom, being Lawyers, and who were 
heretofore practisers there, shall be admitted to practise again ; 
and all other natives of the nation that have been or shall bo 
Students of the Inns of Court in England for the space of five 
years, and shall bring any attestation sufficient 1o prove the 
same, are also to be freely admitted by the Judges there to 
practise the Law, taking only the said Oath : — 

" I, A. B. do truly acknowledge, profess, testifie, and de- 
clare in my conscience, before God and the World, that our 
Sovereign Lord King Charles is lawful and rightful King of 
this Realm, and of all other His Majesty's dominions and 
countries : And I will bear faith and true allegiance to His Ma- 
jesty, his Heirs and Successors, and him and them will defend 
to the uttermost of my power, against all conspiracies and at- 
tempts whatsoever, which shall be made against his or their 
Crown and Dignity, and do my best endeavour to disclose and 
make known unto His Majesty, or his Heirs and Successors, 
or to the Lord Deputy or other Governor for the lime being, all 
Treasons or Traiterous Conspiracies which I shall know or hear 
to he intended against His Majesty, or any of them : And I do 
make this recognition and acknowledgement heartily, willingly, 
and truly, upon the true faith of a Christian. — So help me 
God. 

" XVI. All compositions in the Court of Wards, or Aliena- 
tions, made bona fide for valuable considerations, intrusions, 
premier seisins, ouster les mains, and liveries, are to be reduced 
and limited to the eighth part of the true value of the lands and 
hereditaments so to be compounded for : And all Wardships 
and Custodies of Lands during the minority of our Wards, are 
to be moderately valued, according to the discretion of the 
Judges of that Court ; provided, that if any alienations shall 
be made, whereby we shall be prevented of premier seisin and 
relief of wardship, and that sufficiently proved: In all such 
cases, our said Court of Wards is not to be restrained to the 
limitation of the rates of the alienations aforesaid ; but our 
Officers of the same are to impose such reasonable rates and 
values, as may recompence us, in some measure of those du- 
ties and profits, which otherwise should have accrued unto us, 
if no a-lieaation to uses had been made. 



u XVII. Our Court of Wards is not to make any inquiries 
further, then to the last deceased ancestor, except it be by spe- 
cial direction from us. 

" XVIII. All Escheators and Feodaries are to be specially 
directed where any freeholder's estate in land doth not exceed 
the worth of five pound, English, yearly, in the true improved 
value ; to return the offices taken of such land into the proper 
Courts, without charge to the subject, or other fees to any 
Court or Officer, save only ten shillings, sterling, to the Officer 
that shall take and return the office ; but no charge is to be set 
upon the said lands, nor any process to issue upon the said in- 
quisitions, but only for our reliefs due upon the tenures ; pro- 
vided, that if any such freeholder have the value of one hun- 
dred marks, English, in chattels real or offices, then this Grace 
is not to be extended to him, although his estate in land be un- 
der five pound per annum. 

" XIX. In general leading cases, that Court is to be re- 
gulated according to the laws and courses practised here in 
England, whereof our Judges here shall deliver their opinions, 
if it shall be desired : And our Judges of that Court there, are 
to nominate some of the best quality of the several counties, 
to be joyned in Commission with the Feodary or Escheator to 
take inquisitions. 

" XX. None of the Clerks, or inferior Ministers of that 
Court, or Servant to any of the said Court, is to be a Commis- 
sioner for taking Offices; not intending hereby to exclude the 
Officers of the said Court, and others who by their places are 
to be Commissioners. 

" XXI. No grants of intrusions or alienations, or leases of 
men's lands are to be made out of that Court to any, before 
the party interested shall have personal warning, and affidavit 
returned thereof, who is to be preferred before any other, if he 
come in the next term after the office is returned, and will ac- 
cept it at the rates thought fit by the Court. 

" XXII. Upon a contempt in that, or any other Court; the 
first attachment is to be directed to the Sheriff, and if he makes 
not a good return, and the party come not in during that term 
to purge his contempt; then the further process is to be di- 
rected to the Pursuivant, and no further in the Court of Wards ; 
our Exchequer in this point is to proceed according to the law 
and ancient custom of that Court ; and our other ancient 
Courts are to hold their ancient course, and not to permit any 
innovations of sending Messengers, or other Officers. 

" XXIII. For reducing and moderating of fees, taken by 
Officers and Clerks in our Courts there, whereof great complaint 
rs made : It is" our pleasure, that a Commission be directed 
under our Great Seal of that our Realm, to the persons no- 



XXIV 

minaled in a list signed by us, and herewith sent unto you, for 
the regulating of fees of all Courts, spiritual and temporal, ac- 
cording to the form of a like Commission, granted here in 
England, to some of our Council here, and others ; whereof a 
copy is transmitted unto you ; upon return whereof an Act of 
State to pass, for establishing the same accordingly, until there 
may be an Act of Parliament. 

" XXIV. For the better settling of our subjects' estates in 
this Kingdom, we are pleased, that the like Act of Grace shall 
pass in the next Parliament there, touching the limitation of 
our titles, not to extend above sixty years, as did pass 21 
Jacobi Regis, wherein are to be excepted the land; whereunto 
we are intituled by offices already taken, and those already dis- 
posed of by our directions. And we are further graciously 
pleased for a more ample testimony of our goodness to our 
subjects of the Kingdom to direct hereby, that from henceforth 
no advantage be taken for any title accrued to us, sixty years, 
and above, except only to such lands in the King's County and 
Queen's County ; whereunto we are intituled by offices already 
taken, within the said term of sixty years, and which are not 
yet granted, nor lawfully conveyed from us and our Crown. 

" XXV. And we are graciously pleased, and accordingly do 
hereby require you, that )Ou give present order for the inha- 
bitants of Conaught and County of Clare, to have their sur- 
renders made in the time of our late most dear father, inrolled 
in our Chancery there, as of the time of our said father, ac- 
cording to the date of the said surrender ; and allowing what 
fees were formerly paid for the same : And that such of them 
that please to make new surrenders of their lands and heredita- 
ments, may have the same accepted of them, and inrolled in 
the said Court; and thereupon new Letters Patents past unto 
them and their heirs, according to the true intent of our said 
father's letters in that behalf, paying the half fees; and that 
they and every of them may have such further assurances for 
securing of their several estates, from all ancient titles accrued 
to our Crown before sixty years last past, as shall be requisite 
and reasonably devised by their Council : And we are pleased 
for their further security, that their several estates shall be con- 
firmed unto them and their heirs, against us, our heirs and suc- 
cessors, by an Act to be passed in the next Parliament, to be 
holden in Ireland, to the end the same may never hereafter be 
brought into any further question by us, our heirs and suc- 
cessors ; in which Act of Parliament, and Patents so to be 
past ; you are to take care, that all our tenures, in capite, and 
rents and services as are now due, or which ought to be an- 
swered to us, out of the said lands and premises, by Letters 
Patents past thereof, since the first year of Henry the 8th, until 
the 2 1st of July, 1615. Whereby our late dear father, or any 
of his predecessors, actually reserved any profit by Wardships, 
Liveries, Primier Seisins, Mean Rates, Ouster-le-Mains, or 



XXV 

Fines for Alienations without Licence, be again reserved to us, 
our heirs and successors : And all the rest of the premises to 
be holden of our Castle of Athloan, by Knights Service, ac- 
cording to our said late father's letters, notwithstanding any 
tenures in capite, found for us by our offices, since the said 
21st of July, 1615, and not appearing in any such Letters Pa- 
tents or Offices : And you are likewise to set down order, that 
all seisures and injunctions issued, and all compositions, 
leases, and custodiums made and past, of or for any of the 
said lands, not granted upon the tenures, appearing in the 
said Letters Patents or Offices, between the said first year of 
Henry the Sth, and the said 2 1st July* 1615, shall be called in 
and to all purposes made void, so far as we are advantaged by 
the tenure found in capite, and that no further proceeding here- 
after to he had upon any other offices, taken before the said 
2lstof July, 1615; in which Act of Parliament and Grants, 
care is to be taken, that our Royal Composition due for all the 
lands and hereditaments, in the aforesaid Province of Co- 
naught, and County of Clare, may be saved : And that it is 
our pleasure likewise, that the benefit of our said father's let- 
ters, and the Act of State, dated the 14th of May, 1618, touch- 
ing the intrusions, alienations, mean profits, &c. of lands in 
that Province, be in all points allowed to our said subjects. 

" XXVI. The Undertakers of Ulster are to have their Estates 
confirmed upon a Fine of Thirty Pound Sterling, upon every 
Thousand Acres in two half years time by equal Portions : and 
upon their doubling their Rents to be charged only from the 
date of their Patents, and for your further direction and more 
ample Authority therein, a Commission shall be directed to 
you and others, together with Instructions for passing Patents 
unto them accordingly ; and for declaring our Royal Intention 
and Purpose in the same. 

" XXVII. The Planters of Leytrim, Longford and Ossery, 
the King's County, the Queen's County, and the County of 
Westmeath, are to have two years time for performing their 
Condititions of Plantations ; and if by that time they perform 
them not, they are to forfeit their Recognizance, and in the 
mean time no Process to issue upon their Recognizances or 
Bonds. 

" XXVIII. The Town of Athloanc is to have three years 
time allowed them from All Hallontide next, for performing 
all Conditions and Covenants for Buildings or otherwise, and 
no advantages are to be taken against them for breach of Con- 
ditions and Covenants, or forfeit of Recognizances already 
incurred concerning the same. 

° XXIX. No General Summons of Grand Inquests are to 
issue out of our Bench, or any of our Courts, but a convenient 
number of able Freeholders is to be summoned by the Sheriff 



XXVI 

for the Grand Inquest, unless the BaylitT who had order to warn 
him, declare upon his Oath, that he warned him Personally, 
or left sufficient warning at his House ; and the Fines 'and 
Amerciaments to be imposed upon them, are to be according to 
our late dear Father's Printed Instructions : And when ihe 
Grand Inquest is filled, the rest of that Inquest are to have 
leave to depart, unlesss there be other special Service, and this 
Rule is to extend to the Assizes and Goal Delivery, and Com- 
missions of Oyer and Terminer. 

" XXX. The taking of the Accusations and Testimony of 
Persons notoriously infamous, convicted of Treason or other 
Capital Offences, for any convincing Evidence to condemn any 
Subject, is to be regulated according to the said Printed In- 
structions. 

" XXXI. No Judges nor Commissioners shall bind over any 
Jurors to any Court whatsoever, unless it be for very Apparent 
Suspicion of Corruption or Partiality. 

" XXXII. Our Judges in every Court, are to be very careful, 
especially in the Causes of Poor Men, that there be a speedy 
and direct Course of Justice, with as little Charge as may be ; 
and that with due Observation of the said Printed Instruc- 
tions. 

" XXXIII. But one Provost Marshall is to be in a Province, 
because he hath a sufficient number of Horse in our Pay, for 
the Execution of that Place; and the said Provost Marshall is 
to take no Money for Booking, nor cess his Horse or Foot, 
without paying for it in such sort, as is ordered for our Sol- 
diers; and such as may be brought to Tryal of Law, are not 
to be executed by the Marshall, except in time of War or 
Rebellion. 

" XXXIV. We are pleased for securing our Subject's Es- 
tates at the next Parliament, to be holden there to Grant a 
General Pardon, and then such other things are to be provided 
for, as shall be found necessary for our Service, and the good 
of that Commonwealth. And our pleasure is that the Rate of 
the Subsidies of the Laity and Clergy, and other Profits to be 
raised by the said Parliament, to be such as may bear the 
Charge of our Army, with the Assistance of our Revenue to be 
spared for that purpose ; the said Parliament is to begin the 
Third Day of November next, and all sitting Preparations are 
to be made accordingly. 

* XXXV. The bestowing of Plurality of Benefices upon 
unqualified Persons, who are unable or unworthy Ministers, is 
to be forborn in time coming ; and such as are invested therein, 
are to be compelled to keep Preaching and sufficient qualified 
Curates, whereby God's Glory may be advanced, Poor Scholars 
provided for, and encouragement given to Students, to enable 
themselveb for that High Function. 



XXVII 

f * XXXVT. No Assessment of Money for Robberies is to be 
allowed but upon Order of the Judges of Assize in open Court, 
calling to their assistance at least four of the Justices of the 
P«ace, and that only in cases where all the points and circum- 
stances limited by the Statute in that behalf shall be proved ; 
the same to be presented by the Jury, so as none of the Jurors 
be of the Hundred where the fact was done. 

U XXXVII. All the Nobility, Undertakers, and others, who 
hold estates or offices in that Kingdom, are to make their per- 
sonal presidence there, and not to leave it without licence, such 
persons only excepted as are imployed in our service in ting- 
land, or attend here by our special command. And in the 
subsidies, and all other payments towards the charge of our 
Army here, all those who hold titles of honour and no estates 
in that Kingdom, are to be rated and to contribute and pay 
equally as the rest of the Nobility of the like degrees, that 
have estates and reside in Ireland ; for which we will give fur- 
ther order upon an assessment to be made and transmitted to 
us from you. 

" XXXVIII. No Judges nor Commissioners shall grant 
Reprieval to notorious Malefactors, but with the advice of the 
Justices of the Peace of the County then assisting, or a com- 
petent number of them. 

" XXXIX. Where Undertakers have built upon Glebe 
Lands, they are to sue forth Commission out of the Chan- 
cery or Exchequer, to select Commissioners to be named by the 
Undertakers and the Incumbent ; or if the Incumbent will not 
agree, ihen the Court to make choice of indifferent Commission- 
ers, who are to set an indifferent yearly value of the said par- 
cel of Glebe Land, and return the same to the lowest, who are 
to order the Incumbent's successively to accept of the same 
from the Undertakers, as a yearly rent for the said parcel ; and 
for other lands recovered against the Undertakers, as Church 
Lands, the parties grieved are to sue in the Exchequer, fcr 
abatement of their rents proportionably. 

" XL. All Scotishmen, Undertakers in Ulster, and in other 
places there, are to be made free Denizens of that our King- 
dom ; and no advantage for want of Denization to be taken 
against the heirs or assigns of those that be dead. 

" XLI. For examining what Rectories and Impropriations 
are now in Laymens Hands, out of which there have been 
anciently Vicarages, endowed with competent maintenance for 
the Vicars, which now are by Laymen possessed, whereby the 
Service of God is neglected, and for reformation of that great 
abuse, you are forthwith to issue Commission to some persons 
of worth and integrity, free from that imputation, to examine 
and reform the said abuse: And such persons as have great 
Rectories, w hereunto there are Chapels of Ease belonging, 

d 



XXflU 

somewhere six or seven mires distant from the Mother Church, 
are to be enjoy ned to keep Preaching Ministers in those parts, 
having competent allowance to defray the Same. 

" XLII. No person against whom any Judgment or Execu- 
tion hath past in course of Common Law, or Decree in Chan- 
cery upon matter of Equity, is from henceforth to have any 
protection granted him ; nor any person flying out of England 
into Ireland, to defraud or shun the prosecution of his credit- 
ors, is to be sheltered or protected from the justice of the Law, 
under colour of being a Soldier in any of our Companies, in 
that our Kingdom. 

" XLIII. No witnesses between party and party, at Sessions 
or Assizes, or before any Commissioners whatsoever, are to be 
bound over to the Castle Chamber; and if information be put 
in against any such, then a relator to be named, who shall be 
thought sufficient to answer a recompence to the party inform- 
ed against, according to the award of the Court, if sufficient 
ground shall not appear of the information. 

" XLIV. Soldiers accused of Capital Crimes are to be left to 
be proceeded withal according to the Law ; and the Commis- 
sions for preforming and restraining the abuses and oppressions 
of Soldiers, such as have lately issued under our Great Seal 
there, are to be directed especially to persons of quality, hav- 
ing freehold and residence in the County. And such matters 
as cannot be ordered by them, to be especially determined by 
a Committee of the Judges and others of our Council, to be 
nominated by you ; of u hich none are to be Captains of Horse 
or Foot. 

" XLV. The new Corporations as well as the ancient, are 
to be assessed towards all the General County Charges ; and 
all Impropriations and Temporal Lands of Ecclesiastical Per- 
sons shall bear equal contributions in public charges in the 
country and towns. 

" XLVI. Such of the Barony of Carbery, in the County of 
Cork, as have assignments from Sir James Simple, Knight, 
and have not as yet past their Patents accordingly, are to be 
admitted to take out their Grants, notwithstanding our late 
dear father's restriction of Grants ; and in their tenures they 
are not to be prejudiced by any office taken since the said as- 
signments from Sir James Simple, unless the said office be 
grounded upon some ancient Patent or Office, upon record be- 
fore the dale of the said assignment. Nevertheless, you are to 
provide, that by pretext of this our Grace, no new grants be 
made of any lands within that Barony, that are already passed 
by Letters Patent to any person whatsoever. 

«« XLVIT. Sheriffs are not to take above three pence fine 
upon any person for not appearing at their Leets ; and if they 
appear, then to take nothing at all ; and to sueb as are once 



XXIX 

sworn to the Allegiance, they are to give a Ticket; and of those 
no Fee to be demanded afterwards for Swearing of them. And 
Tor such as have been heretofore, or shall hereafter be Sworn, 
and cannot produce their Ticket, if they take that oath that 
they have been once Sworn, then they are not to be Sworn again 
nor pay any more Fee. And the Justices of Peace are not 
henceforth to give any Warrants for the Collecting or Levying of 
any Fines whatsoever, but in Publick Sessions, and by Extent 
under the Seal of the Quarter Sessions. 

" XL VIII. For delivering Possessions upon Judgments at 
Common Law, Decree in Chancery, or other Legal Injunction, 
the Sheriffs are not to exact or take any other Fee than is limited 
by the Statutes in England for like Causes ; and that to be Irish 
Money ; and if any Sheriff shall demand or take more, he is 
to be proceeded against and censured for Extortion. 

" XLIX. No extraordinary Warrants of Assistance touching 
Clandestine Marriages, Christnings, or Burials, or any Con- 
tumacies pretended against Ecclesiastical Jurisdiction, are to be 
issued by the Lord Deputy, or any other Governor or Governors, 
nor executed : nor are the Clergy to be permitted to keep any pri- 
vate Prisons of their own for those Causes ; but the Delinquents 
in that kind are henceforth to be committed to our Publick Goals, 
and that by our Officers, according to the Ordinary Proceeding of 
the same : and all Unlawful Exactions taken by the Clergy are 
to be reformed and regulated by the Commission there before 
mentioned. 

V L. If any Person shall be Outlawed upon an Action of Debt, 
and thereupon a Seizure issued, or a Custodiam of his Lands 
granted to any other, the Barons of the Exchequer are to dis- 
charge the same, upon sight of a Certificate, that the Outlawry 
is reverst, without any further Plea, paying only Five Shillings 
Sterling for entering the Certificate and Discharge. 

94 LT. No Person is to be compelled to plead to any new 
Charge upon the Lands in his possession, unless any Inquisi- 
tion or other Matter of Record besides the New Patent appear 
to charge the Land therewith, and the New Charge to be past 
in super upon the New Patentee, and Process to issue against 
him and his Lands, and not against the other." 

That these Instructions of the King, or Hi*> Ma- 
jesty's gracious intentions, were but little attended 
to by his Deputy is evident : for notwithstanding his 
Proclamation just now mentioned, he on the 1st of 
April, 1629, issued anew Proclamation against " the 
Popish Clergy" although the sum stipulated to be 
paid by the Irish Agents was regularly paid, and still 



Continued to be paid up to the 1st of October, 1621). 
Shortly after this, on :29th October, the Lord De- 
puty returned to England, and Adam Loftus, Vis- 
count Ely, Lord Chancellor, and Richard Earl of 
Cork, were sworn Lords Justices, who M imme- 
*' diately directed, that the Papists should be prose- 
" cuted for not coining" to Church, and accordingly 
" the Statute of 2d Eliz. was given in charge at the 
" Assizes. 1 ' — (Coa's Hist. Ir. part II. p. 51.) 

The Earl of Cork, one of the Lords Justices, had 
set the Protestants against the payment of the an- 
nual contribution, which the Irish Agents had en- 
gaged to pay, and this caused a defalcation in the 
regular payments, on which a scheme Was for tired 
of levying the whole contribution on the Catholics. 
Accordingly, the Lords Justices and Council in- 
formed his Majesty, " That it was impossible to 
improve that part of the revenue, save only by im- 
posing the twelve pence on Sunday on the Recu- 
sants." To this proposal the answer of the King 
was remarkable, and is characteristic of the dupli- 
city which distinguishes the conduct of the whole 
Stuart Dynasty towards the Irish. He says, "We 
" approve well that this business, as you desire, 
u may be presen.ly put into such a state as thatino- 
" ney, which shall by that means grow due unto 
" us, may be ready to be levied by Michaelmas 
' ( next. And as the best and surest way to bring it 
44 to effect, we do hereby authorise and require you, 
" forthwith to assemble our Council there, and with 
" their privity to cause presentments to be made 
" through the whole Kingdom, according as the 
44 law you mention doth appoint."— ( Strafford's 
Stale Letters, vol. I p. 7 1 .) 

It would be tedious, and is, for our present pur- 
pose unnecessary, to enter into a detailed account of 
the persecutions which the Irish Catholics endured 
at this, or at any other time, on the score of religion, 
—We shall therefore decline giving any account of 



Xxxi 

the schemes practised by the Lord Deputy Went-* 
worth, afterwards created Earl of Strafford, to urge 
the Catholics of Ireland to come forward with sub- 
sidies for the support of the State, in order to save 
themselves from the unjust tax* imposed upon them 
for not resorting to a C (lurch, where their consciences 
would not allow them to join in the worship. These 
things are mentioned here> merely to shew that vio- 
lent as was the enmity of the powers who mis- 
governed Ireland for a number of years, no attempt 
was made to deprive the Catholics of their right to 
sit and vote in both H ouses of Parliament. 

Went worth was sworn Lord Deputy of Ireland 
on the 25th of July, 1633, and immediately after 
commenced bis preparations for convening a Par- 
liament. Of the insolence with which he treated 
the Lords of the Pale, in the manner in which he 
affronted the Earl of Frugal, who had been deputed 
by them to wait on him ; of the unjustifiable man- 
ner which he adopted to model the Parliament, in 
which he did not willingly suiter any to ba returned 
members, whom he did not believe to be some way 
or other subservient to his predatory designs ; of the 
manner in which he bullied and attempted to over- 
awe the Parliament, in forcing upon them a Speaker 
of his own choice ; and of his Proclamation, that 
neither the Lords nor Commons should come into 
Parliament with their swords, it is beside our pre- 
sent purpose to treat. On these particulars those 
who wish for information will find it in Strafford's 
own words, in various parts of the first volume of 
his State Letters, page 274 to 342. But let us ob- 
serve, that in this Parliament the Catholics sat in 
both Houses, he tells us himself that on the second 
day of the meeting of Parliament, " the llecusant 
" Party (Roman Catholics,) began somewhat 
" warmly to move for the purging of the House, as 
" they termed it, with an aim, doubtless, to put out a 
" great number of the Protestants upon the noint of 
" non-resideticy ; at last this settled in a Conlnittee 



xxxn 

of Privileges, to determine those questions, yet when 
Si it came to be named, the House was divided, the 
11 Protestants in a manner intire on one side, the 
81 Papists on the other, and carried by the former, 

u eight voices. That the Popish party's moving 

" the House with so much earnestness for purging 
44 (as they called it) the House, came not, as 1 am 
" well assured, from any backwardness to supply the 
" King, but out of a (hope, that by this means putting 
" out many of the other party) to become the greater 
" number, and so toindear themselves the more with 
" his Majesty, to make that work wholly their own, 
" and themselves more considerable, which would 
" turn a greater obligation upon the King, than 1 
" conceived his Majesty would be willing they 
" should put upon him, or indeed was fit, the present 
" condition of affairs considered." — (Stale Letters, 
v. 1, p p. 277, 278.) The number of Roman Ca- 
tholic Peers sitting, and qualified to sit, in this Par- 
liament, may be seen by an inspection of the list of 
Peers.— Ibid, p. 283—5. 

The Lord Deputy expected that in this Session 
the Parliament would press for a confirmation of all 
the Graces, given 24th May, 1 628, in Instructions 
to Lord Falkland — but this he was determined to re- 
sist, though the refusal of them would certainly create 
ill humour : He therefore resolved upon making 
two Sessions of the Parliament, and to give them 
the King's promise for both at the opening of the 
Parliament, the one Session in Summer, and the 
other in Winter; in the former to settle his Majes- 
ty's supply, &c. and in the other to enact so many U 
of the Graces, as in honour and wisdom should be 
judged equal. — (See Carte's Ormond, vol. I. p. 61.) 
This scheme succeeded — the supplies were voted, 
but the Graces were never confirmed. A copy of 
the entire Graces, as they were transmitted to ire- 
land, is to be found at page xix. of this Preface. 
The 15th Article of these Graces relates to the Oath 
of Supremacy, the abolition of which was afterwards 



XXXI 11 

always stipulated for, and insisted on, by the Catho- 
lics in all their Treaties with the English Govern- 
ment, from Glamorgan's Treaty in 1616, down to 
that of Limerick in 1601. (See DOCUMENTS, 
No. 3, page 4.) 

In the Irish Parliament that met in the year 
1640, the Catholics were as usual amongst the most 
forward to grant liberaLsupplies to the Crown, 
which was now involved in a war with the Scotch 
Puritans, who in the year before had risen in 
rebellion. The Puritans had by this time become 
numerous anil considerably powerful in Ireland; 
several of that body had found their way into 
Parliament, and two of their friends, Sir William 
Parsons and Sir John Boilace were sworn Lords 
Justices. Cox tells us that, " This Session of 
c< Parliament was spent by the Papists (who were 
" the most numerous party in the House) in fruit- 
" less declarations and protestations, private peti- 
" tions and votes upon needless queries." — (Hist. 
Jr. part 2, pasje 71.) — Here, if any were wanted, 
we have proof that the Catholics at that period 
enjoyed their right of sitting in Parliament. But 
if Cox had never mentioned this affair, the Jour- 
nals of the House of Commons would put the 
matter beyond a doubt. Indeed that right never 
was so much as disputed, much less denied, by any 
of the enemies of the Roman Catholics, until after 
the Insurrection of 1641. When, the Puritan 
Party became predominant in the House of Com- 
mons, an ordinance, or vote, of that House was 
made 2 1st June, 1642, to compel all the Mem- 
bers to take the Oath of Supremacy. This order, 
or vote, is to be found in the subjoined DOCU- 
MENTS, No. 7, page 51, and it is left to the 
judgment of the reader, whether a vote of one 
House of Parliament, without the concurrence of 
the other, and the Assent of the King, be suffi- 
cient to deprive any class, of his Majesty's Sub- 
jects of one of their most valuable privileges. 



XXXIV 

It is far from our design to enter into an enquiry 
as to the origin of the ruinous Civil War that 
commenced in Ireland in 1641, to inculpate or to 
exculpate either parties; much less to proceed 
with an account of the movements of the armies, 
or the battles fought, or the defeats or victories 
gained on either sides. But it is not irrelevant to 
the matter in hands to speak of the various trea- 
ties concluded and agreed upon between the King's 
Agents or Commissioners on the one side, and the 
Commissioners of the Confederate Catholics on 
the other. These treaties had their origin from the 
distresses to which the Kins* was reduced bv his 
rebellious subjects in Scotland and England, and 
by their adherents and partizans, the puritanical 
party in the Irish Parliament. To rescue the 
King from the difficulties and perils with which 
he was surrounded, his friends saw nothing likelv 
to be effectual but the pacification of his Irish 
Roman Catholic Subjects, who, though in arms 
in defence of their Religion and Lives, were 
strongly attached to Monarehial Government and 
to the person of his Majesty. For this purpose 
an instrument for a cessation of Arms, preparatory 
to a Treaty of Peace, was signed, loth Sept. 
1643, between the Marquis of Ormond on the part 
of the King, and the Commissioners of the Con- 
federate Catholics. This cessation was shortly 
after violated by the Scots in Ulster, still acknow- 
ledging the King's authority, and again shortly 
after by the Scotch and English forces in the same 
province. Still the negociations for peace went 
on, and the Confederates sent supplies into England 
for the relief of his Majesty. The King's affairs 
assuming a worse appearance every day made him 
most anxious to have the Peace with his Irish Sub- 
jects brought to a speedy conclusion. But Ormond 
was in no such hurry. He, although pressed by 
his Majesty to conclude the treaty, retarded that 
measure, and the Ki»g seeing the necessity for 



XXXV 



such a Peace, gave a secret Commission to the 
Karl of Glamorgan to negociate with the Catho- 
lics. Accordingly, Commissioners from the Con- 
federates met his Lordship, the terms were soon 
agreed upon, as both parties were in earnest, and 
the Treaty was signed on the 25th of August, 
1645. 

By this Treaty the freedom of Religion, secu- 
rity for the possessions of their estates, and every 
other privilege enjoyed by any class of his Majes- 
ty's subjects were secured to them, and the King 
became pledged to have the intire ratified by Par- 
liament. — (See the Treaty at large in the subjoin- 
ed DOCUMENTS, No. 4, Page 5.) 

This Treaty, though carried on with great se- 
crecy, was discovered, and created a terrible up- 
roar against the King, by the Scotch and English 
Puritans; and his Majesty, who was then in the 
power of those Rebels, had the baseness to deny 
his own act, and Glamorgan was clapped into 
confinement, for signing the Treaty without hav- 
ing, as it was alleged, the Royal Authority. 

Ormond, in the mean time, was also carrying on 
his negotiations* but shewed an unwillingness to 
agree to terms. At length, however, when much 
injury had been done to the Royal Cause by his 
delay, the Treaty was signed by him and the 
Commissioners of the Confederates, at Dublin, on 
the 28th March, 1646. 

The terms contained in this Treaty were offered 
to Ormond two years before, and are nearly the 
same as those contained in the Treaty with Gla- 
morgan. In both these Treaties the Catholics 
were to be exempt foom taking any Oath, other 
than the Oath of Allegiance, to qualify for any 
offices or situations in the State. Why Ormond 
did not sooner sign the agreement is not satisfac- 

e 



XXXVI 

torily accounted for. Some have attributed his 
delay to something' like a treasonable design ; but 
be it from what cause it may, his delay gave a 
deadly wound to the interests of his Master. — » 
(See this Treaty in subjoined DOCUMENTS, 
No. 5, Page 13.) 

It will not be wondered at that the Catholic 
Party should insist upon the terms of these Trea- 
ties, when it is known, that the Puritans had sent 
Sir Charles Coote, and others of that party, to 
Oxford, to meet the King, and who there pretend- 
ed that they were sent as Agents from the Protes- 
tants of Ireland ; though nothing as yet has ap- 
peared, that shews they were any thing more than 
the agents of the party in Ireland, attached to the 
rebellions Parliament of England. But let their 
authority be what it may, the proposals they made 
to the King were such as required the vigilance 
and firmness of the Catholics to resist them. They 
proposed that the King would abate his quit rents 
for a time, to encourage and enable Protestants 
to replant the kingdom, and cause a good walled 
town to be b lilt in every county of the kingdom 
for their security, no Papist being admitted to 
dwell therein that the Penal Laws should con- 
tinue in force, and be put in execution ; that no 
body should execute the office of a Magistrate in 
any Corporation, or of a Sheriff or Justice of 
Peace in a County, nor any Lawyer be allowed to 
practise, without taking the Oath of Supremacy 
and Allegiance that there be a present dissolu- 
tion of the assumed power of the Confederates ; 
that all legally indicted of treason, and other hein- 
ous crimes, might be proceeded against, outlawed, 
tried and adjudged according to law, and such as 
were or should be convicted or attainted for the 
same, might be punished accordingly ; that the at- 
tainders had by outlawry for treason done in the 
rebellion, might be confirmed by Act of Parlia- 



XXXV 11 



uient, and traitors convicted and attainted, and 

thfcir estates forfeited that Popery, and Popish 

Bishops, should be suppressed ; that all Popish 
Priests should be banished out of Ireland ; that no 
Popish Recusant should be allowed to sit or vote in 
Parliament ; and that the King would take all for- 
feited estates into his own hands, and after making 
satisfaction to such as claimed by former Acts of 
Parliament, dispose of the rest to British and Pro- 
testants, to plant the same upon reasonable and 
honourable terms. These propositions, and several 
others that shew that these Puritan Agents had 
nothing less than the complete extirpation of the 
Catholics, may be seen at large in Borlase's History 
of the Irish Rebellion, folio, Dublin, 174*3, page 
193. 

Upon these propositions, Mr Carte, in his Life 
of the Duke of Ormond, makes the following re- 
marks: " These propositions, for putting the Ro- 
" man Catholicks of Ireland under greater hard- 
" ships than any they had ever complained of be- 
" fore, incapacitating them from all offices what- 
" ever, disabling them from sitting in Parliament, 
" A PRIVILEGE WHICH THEY HAD AL- 
"WAYS ENJOYED, and from which alone 
" they could expect any redress of future griev- 
" ances, forfeiting all their estates, real and per- 
" sonal ; and yet obliging them, when their all was 
" taken from them, to make impossible reparations 
" and satisfactions, for losses sustained and devas- 
" tations committed in the war, suppressing their 
" religion, banishing all their clergy, and new 
" planting the kingdom, were evidently calculated 
" to hinder any peace at all, and certainly came 
" from some of the party of men, which first formed 
" the design of an extirpation of the Roman Ca- 
" tholicks, and by publishing that design, made 
" the rebellion so general, as it proved at last." — 
{Carte's Ormond, vol. 1, page 502.) 



xxxvlii 

The validity of these treaties has been denied by 
the opponents of the Catholics. The first, on the 
ground that the King had denied his giving autho- 
rity to conclude it, and the other on the ground 
that the authority be had given to Ormond, way 
withdrawn, by a letter which he was compelled to 
write while under restraint, by his rebellious Scotch 
and English subjects. That Glamorgan had au* 
thority from (he King to execute his treaty with the 
Irish, is abundantly proved by a variety of Docu- 
ments, to be found in Coxe's Hibernia Anglicana, 
Hor lane's Irish Rebellion, Warner s J risk Rebellion, 
and Carte's Life of the Duke of Ormond — all Pro- 
testant writers, not one of whom can be so much 
as suspected of any partiality to the Roman Ca- 
tholicks That the treaty signed by Ormond was 
done by the King's authority, is proved by the 
King's letter to Ormond, granting him the autho- 
rity, now of record in the Rolls Office, Dublin, 
where the Treaty itself is also enrolled, as well as 
Ormond's Warrant to the Chancellor tor its enroll- 
ment, and the Chancellor's letter to the Clerk of 
the Enrollments, commanding him to have it en- 
tered. In addition to this, the Peace was publicly 
proclaimed by the Lord Lieutenant and Council m 
Dublin, the 13th July, 1046, and King Charles II. 
acknowledges it in his Declaration for the Settle- 
inent of this Kingdom, now parcel of the Statute 
Law of Ireland.— (See subjoined DOCUMENTS, 
Ao. 8, and Bor fuse's Irish Rebellion, p. 208.) 

This treaty with Ormond came to nothing in the 
end ; for though the Confederates in general were 
determined ?o fulfil their parts, some of the lioman 
Catholic body were dissatisfied with the terms; of 
these were the famous Owen Roe O'Neill and the 
Pope's Nuncio, with some of the Catholic Clergy. 
The Puritan party in the King's army were also 
dissatisfied, and this disagreement gave Ormond an 
excuse for breaking off a Treaty that! he had signed 
with unwillingness, and after many delays; which 



XXX15 

were, in the end, destructive to the interests of both 
the King and the People, 

It is worthy of remark, that while Ormond was 
parrying off the signing of the Tieaty with the 
Irish, contrary to the positive commands of his So- 
vereign, and whilst he was receiving succours from 
the Irish, he was carrying on a negociation with the 
Parliamentarians, to surrender to them the King's 
authority; which he absolutely did in the following 
June, " on condition to enjoy his own estate, not 
" to be subject to debts, and that he should have 
" 5000/. in hand, and a pension of 2000/. perann* 
M for five years. "—(Borlase, p. 231.) 

Shortly after this Ormond left Ireland, passing 
first into England, and thence privately into 
France. 

Ormond returned into Ireland 29th September, 
1648, knowing that " The only visible means of 
" saving the King's life, and retrieving his affairs, 
" was the uniting of all Ireland under his obedi- 
ff ence. This was the end of the Marquis of Or- 
" mond's return into that country, and reassuming 
u the power of Lord Lieutenant. With this view, 
" he published on October 6th, a Declaration of his 
" intentions, for the satisfaction of Lord luchiquin's 

" Army, and the Protestants of Munster 

" With the same view soon after his landing, he 
" signified to the General Assembly then sitting in 
" Kilkenny, that he was arrived with power to treat 
" and conclude a Peace with the Confederate Ca- 
*\ tholics, and expected to receive Deputies, and 
" Propositions from them at his house at Carrick." 
(Carte's Ormond, vol, II p. 41 — 2.) 

The Assembly really desirous of the pacification 
of the country, and anxious for the safety of the 
King, instantly commenced the negociation, and 
on the 1 7th of January following, the Treaty was 



d 

signed, the conditions of which were nearly the same 
as those contained in the Treaty with Glamorgan, 
in 1645, and in that with Orinond himself in the 
year 1646. For the particulars of the Treaty of 
1648, see subjoined DOCUMENTS, No. 6, na^e 
30. ■ 

Some deny the validity of this Treaty, as Or- 
mond, as they alledge, had received no new powers 
to treat with the Irish ; but whoever will take the 
trouble to consult Carte, liorlase, Warner, &c. on 
this subject, will find that he had directions from 
the King, to obey the commands of the Queen and 
the Prince of Wales, in respect to his transactions 
with the Irish Catholics, and the commands of 
these Royal Personages were, that Ormond should 
conclude the Peace. It was, however, signed too 
late to save the King, who was in a few days after 
the signing of the Treaty put to death by his re- 
bellious Protestant subjects, at Whitehall, Lon- 
don. 

As soon as the murder of Charles the First was 
made known to the Marquis of Ormond, he pro- 
claimed Charles II. King of England, Scotland, 
France and Ireland, at Carrick, the 16th of Fe- 
bruary, 1648, and immediately afterwards he was 
proclaimed in all the towns in Ireland, where either 
Ormond or the Confederate Catholics had power. 

That Charles II. was perfectly satisfied with 
Ormond, respecting the Treaty of 1648, and that 
he considered himself bound to fulfil the conditions 
of it, his letters, and those of his Secretaries and 
friends, to Ormond, from the time of his father's 
death until his own restoration abundantly testify. 
In a letter written by his Majesty to the Marquis, 
dated at the Hague, March 9th, 16 19, he says, 
u I have lately received from the Lord Byron, a 
" Copy of the Articles of Peace which you have 
u made in Ireland, together with a Copy of your 



xli 

w letter to me, and am extremely well satisfied rrith 
u both, and will confirm wholly and intirely all that 
" is contained in the articles. 

" I must not forget to give thanks to you and the 
" Lord Inchiquin, for your singular care, industry, 
v and prudence, in the carriage of this business, 
" intreating you in my name to thank all those that 
" have been actors in the negotiation, and con- 
" tributors to the happy conclusion of this Peace ; 
" which I hope, by the blessing of God, may prove 
" an effectual means to my re -establishment in my 
" other dominions. "-^— (Cartels Original Letters and 
Papers, 2 vols. 8vo. London, vol. 2, p. 363 ) 

In another letter, dated at the Hague, 12th 
March, in the first year of his reign, he says, 
" Right trusty and right intirely beloved Cousin, 
we greet you well — Having received several ad- 
vertisements from England, that Sir John Winter, 
Knight, is to be sent from the army there into 
Ireland, with propositions to our Roman Catholic 
subjects of that Kingdom, to seduce them from 
their allegiance to us, and from the Peace lately 
made with you, by offers of toleration, and other 
advantages, in both Kingdoms: We think fit to 
give you this timely notice, that you may use such 
circumspection and prevention, as you shall con- 
ceive necessary in this behalf, we referring it 
wholly to your judgement upoii the place." — 
( ibid, p. 364.) 

In a letter from Sir E. Nicholas to the Marquis 
of Ormond, dated Breda, 2-12, 1650, the former 
says, * The King hath told me often, and lately 
" very resolutely, that he never will condescend 
" to any thing prejudicial to the agreement your 
" Excellency hath made with the Irish Catholicks, 
" or to that Nation ; and I am confident his Ma- 
jesty will therein be very steady." CI bid, 379. 
See also, p. p 39 J, 2, 3, 5, &c.) 



xlii 

The King himself in a variety of letters, be- 
sides those above-mentioned, declares his intention 
of strictly adhering to the* agreement made with 
the Irish. When he first took the resolution of 
entering into a Treaty with the Scots Commission- 
ers at Breda, he wrote to Ormond, " on 23d 
" January, M, S. (1650) to assure him that he 
" would endeavour to oblige that nation, by all 
"just and honourable condescensions, to engage 
" themselves to enter England in the Spring, with 
" a considerable army for his service ; yet he would 
" not either in the said Treaty, or upon any other 
" occasion whatsoever, consent to any thing that 

*' should be contrary to the agreement made with 

i * 
" the Roman Catholicks of Ireland ; but would 

ic fulfill and perform all grants and concessions, 
,* which he had either made or promised to them, 
" according to the full extent of that Grace he had 
* always intended to that natron, which (as he 
" had new instances of their loyalty and affection 
46 to him) he should study rather to enlarge than 
u to diminish or infringe in the least degree." — 
(Carle 's Ormond, vol. II. p. 129.) In like man- 
ner the King, in his €i Declaration for the Settle- 
*< merit of his Kingdom of Ireland" now forming 
•a part of the Statute Law of the Land, acknow- 
ledges this Peace, so that the Catholicks of Ire- 
land had every reason to expect the fufillment of 
it in every particular; but the terms of the Acts 
of Settlement and Explanation, as well as the 
deceits and treacheries of James I. and Charles 
I. shew what reliance the Irish should place upon 
the royal word of a Stuart. (See DOCUMENT, 
No. 8, page 53.) 

Yet some will vindicate King Charles, and say 
he was compelled to falsify his word by hard ne- 
cessity; that his own natural dispositions led him 
to justice, but that he was overruled by Broghill, 
(afterwards Lord Orrery) Coote,and others of that 



xtiii 

party, who had been traitors and rebels to both 
himself and his father, but who had been admitted 
into the Councils of the King, upon his being pro- 
claimed in Dublin, 14th May, 1660 These give 
the King great merit for (hat part of his answer to 
Broghill and Coote, and the other Commissioners, 
when they proposed to the King, " that he should 
call a Parliament in Ireland, consisting of Protes- 
tant Peers and Commoners:" to which the King 
replied, " that he should, in due time, call a Par- 
liament, such as the law would admit" — (See 
Carte's Ormond, vol. 2, p. 204—6.) 

It must be confessed, tliat this was one act of 
justice to the Irish Catholics, as by it was preserved 
to them, their right of silting and voting in both 
Houses of Parliament, A RIGHT WHICH 
THEY EXERCISED ALL THROUGH THE 
PARLIAMENTS HELD IN IRELAND, 
DURING THE REIGN OF CHARLES II. 
—(See the subjoined DOCUMENTS, Nos. 10, 
11, and 12, p p. 57, 59, and 60.) 

By the Lords Journals it is evident, that at least 
23 Roman Catholic Peers appeared and voted, in 
person or by proxy, between the 8th of May, 1661, 
and 7th of August, 1666; yet upon the third 
reading of the Act of Settlement, 30th May, 1662, 
not one Roman Catholic Peer appears in the list of 
the forty-one Lords who attended and voted upon 
that occasion. But if they had all attended, it 
Mould avail nothing to protect themselves, and the 
other Roman Catholics, from the plunder and 
oppressions which that unjust Act made lawful. 
The forty-one Protestant Peers that attended, of 
which eighteen were Archbishops and Bishops, 
would have left thejn in a minority. — (See DO- 
CUMENT, No. 9, page 56.) 

We are not able to ascertain, by the Commons 
Journals, that any Roman Catholie sat in the 

f 



xliv 

House of Commons in the reign of Charles II. but 
the defe.ct of the Journals is, in this respect, made 
up by other authorities, which cannot be contro- 
verted. The Earl of Orrery, one of the Lords 
Justices of Ireland, who had drawn up the Act of 
Settlement, and who had packed a House of Com- 
mons to pass it, informs us that one, and only one, 
Roman Catholic sat in the House of Commons in 
that reign. This Lord who had been in the rebel- 
lion against Charles I. and Charles 11. but who 
had been received into Royal favour, whilst the 
faithful friends of both were robbed of their estates 
and of their rights and privileges, in his letters re- 
lates the fact, that ONE ROMAN CATHOLIC 
WAS ACTUALLY CHOSEN, for the Borough 
of Tuara.— (See two Letters in DOCUMENTS, 
No. 13, page 61.) 

This, with the Journals of the House of Lords, 
it is submitted, establishes the fact, that the Ro- 
man Catholics had the right, and did practise that 
right, of election in the reign of Charles II. and 
that they had the right, and did exercise the right, 
of sitting and voting in Parliament, all through 
that King's reign, whenever a Parliament was con- 
vened. It is submitted, that the sitting of one 
Member establishes the right as firmly as if the 
whole House were Catholic. 

It has been said that Orrery packed the Parlia- 
ment for passing the Act of Settlement. To see 
that this charge is not void of foundation, it is only 
necessary to inspect his Letter to the Duke of Or- 
mond, dated January 2d, J 66 1. In that letter, 
after speaking of other things, he says, " I am very 
" <rlad to hear the irreat Bill of Settlement is in so 
" good a way of dispatch, as I find it is in the close 
" of your Grace's letter. Its arrival here is not a 
" little thirsted after, nor are we less sensible of 
" your Grace's care and favour in getting this 
" Parliament continued. 1 writ my poor sense to 



xlv 

K your Grace, how fit it might be, that after, ihU 
" Parliament had done what was requisite for them 
" to do, AN UNQUESTIONABLE ONE might 
" be called to confirm all ; which I rejoice to find 
" was also my Lord Chancellor's sense, and is so 
" well liked by his Majesty, your Grace, and my 
" Lord Chancellor of England. 

" I think it my duty to acquaint your Grace, 
f< that in my Lord Strafford's time, he was very 
u punctually careful, that no Peer of Ireland, in 
" England, should be absent from the Parliament 
" he/e, but by his Majesty's immediate leave, nor 
" during his absence, should send his proxy to any 
" but whom his Majesty approved of; as also that 
" no Peer «f Ireland, in it, should be absent from 
•• the Parliament, but by his licence, nor send his 
M proxy to any but whom he approved of. This 
" seems to be so just and noble a prerogative of 
" the Crown, and so necessary and so ad van- 
u tageous to the Chief Governor of this Kingdom, 
u for his Majesty's service, that I humbly leave it 
" to your Lordship's consideration, whether it be 
" not very expedient it should be continued, and 
" that we had his Majesty's orders for it." — (State 
1 eilers of the Earl of Orrery, Dublin, 2 vols. 8vo. 
vol. 1, page 67—8.) 

From Orrery we have proofs that the Catholics 
did actually sit in the House of Commons and from 
the Lords Journals we have authority to insist, that 
they did sit in the House of Lor'.i*, in the Reign of 
Charles the Second. These are indisputable autho- 
rities ; but if even these were wanting, we have 
other authentic documents to refer to, which shew 
that even if the Catholics did not exercise their 
rights in that period, those rights did exist in full 
force during the entire of that Monarch's reign. 
One of these Documents was written by Arthur 
Capel Earl of Essex, Lord Lieutenant of Ireland, 
in the year 1675, and the other by a Colonel 



xlvi 

Richard Lawrence*. who published his book on 
M The Interests of Ireland," &e. nearer to the lat- 
ter end of King Charles' reign, and whose work 
shews that he was a bigotted enemy to Roman 
Catholics, and who would, to the best of his power, 
strip them of their liberties. For these we refer to 
the subjoined DOCUMENTS, Nos. 14 and 15, 
pages 6 4 and 66. 

In the foregoing psges, and the subjoined Docu- 
ments, we have shewn, from indubitable authorir 
ties, that the Roman Catholics of Ireland enjoyed 
the right of sitting and voting in every Parliament 
held in the country, from the commencement of 
the reign of Elizabeth to the end of that of Charles 
the Second, except during' the short period when 
the Royal authority was usurped by a faction, that 
at length brought their Sovereign to an igno- 
minous death. We might go further, and shew 
that they also enjoyed those privileges in the reign 
of James II. but this we presume will not be de~ 
uied. We have also shewn, from authentic Do- 
cuments, that the Catholics of Ireland, in all their 
Treaties with the English Government, made it an 
indispensable article, that they should not be bound 
to take the Oath of Supremacy, to qualii'y them to 
fill any office, or to hold any situation in the State, 
which any person of any other religion might en- 
joy. We now beg leave to call the public atten- 
tion to the Treaty of Limerick — a Treaty pur- 
chased, on the side of the Roman Catholics, by 
great and valuable sacrifices, and conceded to them 
by their opponents, at a time when it was of the 
most vital importance to the English interests, 
that the War in Ireland should be terminated. 

By this Treaty, purchased for valuable consider- 
ations, to the observance of which the Lords 
Justices of Ireland, and the Generals of King 
William's Army, bound themselves in the most so- 
lemn manner ; and which was afterwards insured 



by the Royal Pledge of Ring William, who for 
himself, his Heirs and Successors, did " ratify and 
confirm the same, and eveiy clause, matter and 
thing therein contained," the Catholics secured, 
so far as a Treaty could secure any thing, the full 
•enjoy men t of such " privileges, in the exercise of 
" their Religion, as they did enjoy in the reign of 

" King Charles the Second ....and that they 

" should possess and enjoy all the rights, titles and 
" interests, privileges and immunities, which they 
" and every, or any of them held, enjoyed, or 
" were rightfully and lawfully entitled to, in the 
'-' reign of King Charles the Second, or at any 
" time since." And to qualify them to possess and 
enjoy all these rights and privileges, the Oath to 
be taken by them was, u the Oath of Allegiance, 
and none other.' ' — i^See a coined Copy of .these 
Articles-, in full, in the subjoined '.DOCUMifiNTSj 
No. 16, page 68.) 

That the English Govern meirt considered the 
surrender of Limerick, and the termination of 
the War in Ireland, a matter of the utmost im- 
portance to them, may be gathered from various 
authorities. In a letter written by Lord Justice 
Coningsby to General Ginckell, we find that the 
Lord Justice wished to impress upon the General, 
" how absolutely necessary it was for the affairs of 
" all Christendom, that the War in Ireland should 
" be ended this summer; that there were but two 
" ways of bringing It about, either by force or 
" treaty, the latter of .which he despaired of, Prom 
the obstinacy of those in Galway, who would 
never submit to a Proclamation, when they re- 
fused such terms assured to thenrby the A Hides. 

/He represented how averse people generally 

were from giving tire Jrish any conditions ; but 
6< that such did not consider the misery of the 
*' country, and less understood the circumstances 
u of affairs abroad. Me shewed an infinite 
" concern on account of the King, and a great 



xlvrii 

{c uneasiness, least the weather should hinder 
" the General from finishing the work" — 
(Harris' Life of King William, folio, Dublin, 
1749, page 335— 6) 

The author we have just now quoted, speaking 
of the Cessation proposed by the French and Irish 
Commanders in Limerick, preparatory to making 
Articles for the surrender of the Town, says, 4 ' The 
" General immediately writ to the Secretary at 
" War, informing him of what had passed, and 
s€ desiring his company at 8 o'clock the day follow- 
" ing, and to bring with him the last letter written 
" by the Queen, upon the subject of the Sapitu- 
" lation ; and also one written by the King, touch- 
" ing Lord Lucan. What was the subject of these 
" letters can only be guessed at ; but in all probabi- 
" lity they contained instructions to put an end to 
" the War, on any terms" — (Ibid, page 348.) 

Again, we are told by the same author, that 
" This surrender happened at a favourable con- 
" juncture ; a fleet sent by France to the relief of 
" Limerick arriving in Dingle Bay, a day or two 
" after the Articles were signed, which had it got 
" safe up to the Towsi a few days before, might 
"have probably protracted the War.— (Ibid, 
page 3.33.) 

The same author also tells us, that Ci While the 
" KingV(WiUwiiis') troops were divided by means 
" of the Irish War, his Majesty could not possi- 
" bly proceed with the desired success in Flan- 
" ders ; and therefore to put a speedy end to the 
" War, he sent instructions to the Lords Jus- 
" ticeSy to issue a Declaration, assuring the 
" Irish of much more favourable conditions 
" than they afterwards obtained by the Ar- 
" tides of Limerick."— (Ibid, page 372.) Yet 
William, notwithstanding his eagerness to have 
the Town surrendered, and his solemn engage- 



xlix 

ment to fulfil the Treaty, was not ashamed' to 
breakthrough these Articles, and his own Word, 
within 'a very short space of time, after he had 
obtained what he so earnestly wished. 

Another author of celebrity, speaking of this 
affair, says, u The opponents of William give 
'• him no credit, either for his justice or humanity, 
" upon the present occasion. They ascribe his 
" eagerness to finish the troubles in Ireland to his 
u earnest desire of prosecuting with vigour the 
" War on the Continent. They allege, that had 
" not an English Parliament deprived his creatures 
" of the hopes of Irish forfeitures, he would have 
" been less liberal in the concessions which he 
" made." — (Macpher son's History of Great 
Britain, vol. l t p. 623 ) 

We have hitherto principally dwelt upon the 
right of the Catholics to their seats in Parliament, 
down to the conclusion of the reign of Charles II. 
But there are other important privileges which 
they enjoyed in the same period, and of which 
they are now deprived. Of these is to be reckon- 
ed the Freedom of Corporations, and the right of 
voting in them upon every occasion. That they 
had early enjoyed that right will not be denied, and 
that they still enjoyed that right in the time of 
Charles the Second, and consequently that it was 
insured to them by the Articles of Limerick, is 
proved by the subjoined DOCUMENTS, No. 14, 
page 64, and No. 15, page 68. 

But Limerick had scarcely been surrendered to 
the English, when the Articles by which it was 
delivered up to them, though guaranteed by every 
thing that could make a Treaty sacred and bind- 
ing, and afterwards ratified by King William, and 
confirmed under the Great Seal of England, were, 
in the most scandalous manner, basely broken 
through, by those who had profited so much by 
them, contrary io the law of nature, the law of 
nations, of public faith, and of the royal word. 



1 

Not to notice the illegal acts of oppression and 
injustice committed on the Roman Catholics by 
Sheriffs, Magistrates, and even the Lords Justi- 
ces, immediately after the surrender of Limerick, 
as mentioned by Harris, in his life of King Wil- 
liam ; the Parliament, which met in the year 1695, 
had no sooner assembled, than they, instead of 
confirming the rights of the Catholics as granted 
to them by the Articles, and by the pledge of the 
King, commenced this work of injustice, by de- 
priving the Catholics of these rights. (See the 
subjoined DOCUMENTS, No. 17, page 79.) 

The proceedings of the Parliament in 1697, 
was even more cruel and unjust than that of 1695, 
for under the pretence of passing a Rill for the 
confirmation of the Articles of Limerick, the 
most severe Penal Laws were passed against the 
Catholics. Laws so severe, so unjust, and so 
repugnant to the Articles, that several of the Mem- 
of both Houses were so much dissatisfied with, 
and ashamed of them, that many of the Commons 
retired from the House, and several of the Lords 
entered their Protest against the Bill, among 
which was Doctor William King, then Bishop 
of Derry, afterwards Archbishop of Dublin, 
and author of a Book, entitled " The State of 
the Protestants of Ireland, under the late King 
James's Government," a Book stuffed with the 
grossest falsehoods and the most virulent abuse 
against the Catholic Body. To this Protest the 
names of seven Bishops and seven temporal Peers 
are signed ; some of whom also protested against 
the Act to prevent the further growth of Popery, 
passed in 1703.— (See DOCUMENTS, No. 18. 
page 82.) 

Many of the civil enactments of William's 
Parliaments, and of some of his successors, which 
were passed against the Roman Catholics, con- 
trary to the express stipulations of the Articles of 



li 

Limerick have been repealed by the Irish Par- 
liament, during the late King's reign ; and if 
Ireland were now a Nation, instead of a Province, 
if she had not been robbed of her Parliament, by 
an UNION, which has depopulated her cities, and 
reduced her children to beggary, not one Penal 
Law against Catholics would now remain a dis- 
grace to her Statute Books. 

For years have the Catholics of Ireland unavail- 
ingly petitioned the Imperial Parliament, for re- 
dress of their Grievances; for simple Justice. — 
Many of both Irish and English Members have 
powerfully advocated their cause, yet still justice 
remains to be done, and Ireland is still to be pa- 
cified. Of the Irish Members who have opposed 
the Catholic claims, none are to be reckoned, but 
the bigotted and intolerant, who wish to perpetuate 
an odious distinction amongst their countrymen. 
Of the English Members who oppose the claims 
of their Catholic fellow-subjects, it is supposed 
the majority do so, not from a desire to give per- 
manence to injustice, but because they have been 
led astray by early prejudices, misstatements on this 
question, and the opinion, that no injustice is done 
to the Catholics, by rejecting their claims. To 
shew these gentlemen that the privileges the Ca- 
tholics now ask, and which they did enjoy until 
the reign of William III. have been purchased 
by them for valuable considerations, that they have 
been secured to them by the most solemn treaties, 
and that they have been deprived of them by fla- 
grant injustice, the subjoined Documents are 
referred to with confidence ; a confidence founded 
on the good sense of the English People, who must 
see, that until justice is done to the Irish, by restor- 
ing to them their just rights, no settled or perma- 
nent tranquility in Ireland, and consequently no 
complete security to the Empire, however desirable, 
can be expected. 
April 15, 1828. 



OFFICIAL 

9orttmwt& &xtvxct$, 

fyc. fyc. <J*c. 



No. 1. 

Extract from the Statute, Second of Elizabeth, 
Chap. I. entitled " An Act restoring to the 
Cronme the Auncient Jurisdiction over the Slate 
Ecclesiasticall and Spirituall and abolishing all 
Forreine Power repugnant to the same" 

'* AND for the better observation and maintenance of this 
Act, may it please your Highness that it may be further 
enacted by the authoritie aforesaid, That all and every Arch- 
bishop, Bishop, and^all and every other Ecclesiasticall Person, 
and every other Ecclesiasticall Officer and Minister, of what 
state, dignitie, preheminence or degree soever, he or they shall 
be, and all and every Temporall Judge, Justice, Mayor, and 
other Lay or Temporall Officer and Minister, and every other 
person having your Highnesse fee or wages within this Realm, 
shall make, take and receive a corporall Oathe upon the Evan- 
gelists, before such person or persons as shall please your 
Highnesse, your Heyres or Successours, under the Great beale 
in England, or of this Realm, or the Lord Deputie or other 
GoUvernour or Gouvernours of this Realme, for the time be- 
ing, by Letters Patents to be made by his or their Warrant, 
under the Great Seale of this Realme, to assign and name to 
accept and take the same, according to the tenour and effect 
hereafter following, that is to say :— 

J, A, B. doe utterly testife and declare in my conscience, that 
the Queen* s Highnesse is the onely Supreme Gouvernour of this 
Realme and of all other Her Highnesse Dominions and Countries, 
as ■ well in all Spirituall or Ecclesiasticall things or Causes, as 

A 



Temporall, and that no Forreine Prince, Parson, Prelate, State 
or Potentate, hath or ought to have any Jurisdiction, Power, 
Superioritie, Preheminence, or Authoritie, Ecclesiasticall or 
Spirituall within this Realme, and therefore I doe utterly renounce 
and forsake all Forreine Jurisdictions, Powers, Superiorities and 
Authorities , and doe promise that from thenceforth I shall beare 
faith and true Allegiance to the Queen's Highnesse, Her Heirs 
and Successours, and to my power shall assist and defend all 
Jurisdictions, Privdtdyes, Preheminences, and Aulhor%ties granted 
or belonging to the Queen's Highnesse, Her Heirs and Successours, 
or united and annexed to the Imperiall Crowne of this Realme, 
so helpe inee God, and by the contents of this Bo&ke" 

" And that it may be also enacted, that if any such Arch- 
bishop, Bishop, or any other Ecclesiasticall Officer or Minister, 
or any of the said Tern porall Judges, Justicer, or any other Laye 
Officer or Minister, shall peremptorily or obstinately refuse to 
take or receive the said Oath, that then he so refusing shall 
forfeit and lose onely during his life, all and every Ecclesias- 
ticall and Spirituall promotion, benefice and office, and every 
temporall and laye promotion and office which he hath solye at 
the time of such refusall made, and that the whole title, in- 
terest ancj incumbencje in everie such promotion, benefice, and 
oilier office, as against such, person onely so refusing during 
his life, shall cleerely cease and bee voide, as though the partie 
so refusing were dead, and that also all and everie such person 
and persons so refusing to toke the said Oath, shall imme- 
diately after such refusall bee from thenceforth, duringhis life, 
disabled to retaine or exercise any office or other promotion, 
which hee at the time of such refusall had joyntly or in com- 
mon with anie other person or persons, and that all and everie 
person and persons that at any time hereafter shall bee pre- 
ferred, promoted or collated to any Archbishopricke, or 
Bishopricke, or to any other spirituall or ecclesiasticall bene- 
fice, promotion, dignitie, office or ministerie, or that shall be 
by your Highnesse, your Heires or Successours, preferred or 
promoted to any temporall or laye office, ministerie or service 
within this Realme, before bee or they shall take upon him or 
them to receive, use, exercise, supply or occuppie any such 
Archbishopricke, Bishopricke, promotion, dignitie, ministerie, 
office or service, shall likewise make, take and receive the sa^d 
corporall Oath beforementioned upon the Evangelist, before 
such persons as have or shall have authoritie to admitt any such 
persons to any such office, ministerie or service, or else before 
such person or persons as by your Highnesse, your Heyres 
or Successours, by Commission under the Greate Seale of 
England, or of this Realme, or by the Lord Deputie, or other 
Governour or Governours of this Realme for the time being, by 
Letters Patents to bee made by his or their Warrant, under tfre 
Great Seale of this Realme, shall be named, assigned, or ap* 
pointed to minister the said Oath. And that it may likewise 



3 

W farther -enacted, by autboritie aforesaid, that if any sutt* 
person or persons as at any time hereafter shall be promoted, 
preferred, or collated to any such promotion, spiritual! or eccle- 
siasticall benefice, office or ministery, or that by your High- 
nesse, your Heires or Successours, shall bee promoted or pre- 
ferred to any temporall or lave office, ministerie or service, 
shall and doe peremptorily and obstinately refuse to take the 
same Oath so to him to be offered, that then he or they so re- 
fusing, shall presently be judged disabled in the law to receive, 
take and have the same promotion, spiritual! or ecclesiastical!, 
the same temporall office, ministerie or service, within this 
Realme, to all intents, constructions and purposes. And that 
K may bee further enacted, by the authorise aforesaid, that all 
and every person and persons temporall, suing liverie or 
ottsterlemaine out of the handes of your Highnesse, yoivr 
Heires or Successours, before his or their livery or ousterle- 
maine sued forth and allowed, and every temporall person or 
persons doing any homage to your Highnesse, your Heires or 
Successours, or that shall bee received into service With your 
Hrghneese, your Heires or Successors shall make, take and 
receive the said corporal-l Oath before-mentioned, before the 
Lord Chancellor of Ireland, or Keeper of the Great Seale for 
the time being, or before such person or persons as by your 
Highnesse, your Heires or Successors, or by the Lord Deputie, 
or other Governour or Governours of this Realme for the time 
being, by Letters Patents to be made by Ins or their Warrants, 
under the Great Seale of this Realme, shall be named and ap- 
pointed to accept and receive the same, and that also all and 
every person and persons taking orders, and all and every other 
person and persons which shall be promoted or preferred to any 
degree of learning, in any Universitie that hereafter shall bee 
within this our Realme, before he shall receive or take any such 
orders, or be preferred to any such degree of learning, shall 
make, take and receive the said Oathe by this Act set forth and 
declared as is aforesaid, before his or their Ordinary, Com- 
missary, Chancellor, or Vice Chancellor, or their sufficient 
deputies in the sakf Universitie." 



No. 2. 

(From Kushworth's Historical Cx>Uecliuas, Vot 1.) 

" }>Y the Lord Deputy and Council—Henry Falkland.— 
Whereas We have Instructions from His Majestie concerning 
the admittance of Natives, being Lawyers, to plead in His 
Majesty's- Courts, taking only the Oath, in the Instruccorts 
mencioned, together with several other Instruccon* for the 
Judges in their Circuits to be observed— an extract whereof for 
your better information we herewith send you : These are 
-therefore to pray and require you to see them put according t 

ID 



ih« tenor of the same. Whereupon you may not fayle, and 
for bo doing this shall be your Warrant. Given at His Ma* 
jeslies Castle, at Dublin, 26 June, 1628. 

" Extract. 

" And the Natives of this Kingdom, being Lawyers, and 
who were heretofore practised there, shall be admitted to prac- 
tise again, and all other Natives of that Nacon that have been 
or shall be Students at the Inns of Court in England, for the 
space of 5 years, and shall bring any attestation sufficient to 
prove the same, are also to be freely admitted by the Judges to 
practice the Laws, taking only the Oath following : — 

" /, A. B. do verily and truly acknowledge professe, testify 
and declare in my conscience, before God and the World, that our 
Sovereign Lord King Charles, is lawfullie and right fidlic King of 
this Realme, and if other His Majesty's Dominioiis and Countries, 
and I will bear true Faith and Allegiance to his Majesty, his Heirs 
and Successors, and him and them will defend to the utmost of my 
poicer agai?ist all Conspiracies and attempts whatsoever, which shall 
be made against his or their Crown and Dignities, and do my best 
endevor to disclose and make known unto his Majesty, his Heirs 
and Successors, or to the Lord Deputy or other Governor, for the 
tyme being, all Treasons and Traiierous Conspiracies, which I 
shall know or heare to be intended against his Majesty, or any of 
them, and I doe make this recognicon and acknowledgment harlily, 
willingly and truly, upon the true Faith of a Christian. So help 
me God." 

" JStoe Judges or Commissioners shall bind over any Jurors to 
any Court whalsoerer, unless it be for very apparent suspicion 
of corruption or partiality." 



No. 3. 

Extract from " instructions sent by King Charles t. 
to the Lord Deputy and Council of Ireland re- 
specting the Graces, brought over by the Agents 
in the year 1628." — From Strafford's State 
Letters, vol. 1, p. 317, folio, Dublin, 1740* 

GRACE 15, 

M The Subjects of that our Realm," (Ireland,) " are to be ad- 
mitted to sue their Liveries Ouster 4e-maines, and other Grants 
depending on our Court ot Wards, taking only the Oath here- 
under expressed, and any other Oath to be forborne in that 
case ; and the natives of that kingdom being Lawyers, and who 
were heretofore practised there, shall be admitted to practise 
again, and all other natives of that nation, that have been or shall 



6 

be Students of the Inns of Court in England lor the space of 
five years, and shall bring any attestation sufficient to prove 
the same, are also to be freely admitted to the Judges to prac- 
tise the Laws, taking the said Oath, viz. 

u I, A, B. do truly acknowledge, pro/ess, testify, etnd de- 
clare in my consdience, before God and the World, that our So- 
vereign Lord King Charles, is rightful King of this Realm, and 
of other his Majesty's Dominions and Countries. And I will 
bear faithful and true Allegiance to his Majesty, his Heirs dnd 
Successors, and him and them mil defend to the uttermost of my 
power, against all Conspiracies and attempts whatsoever, which 
shall be n\ade against his or their Crown and Dignity, dnd do my 
best endeavour to disclose and make knotVn unto his Majesty, his 
Heirs or Successors, or to the Lord Deputy or other Governors, 
for the time being, all Treasons and Traiterous Conspiracies, 
which I shall know or hear to be intended against his Majesty, or 
any of them. And I do make this recognition and acknowledges 
menl heartily, willingly and truly, upon the true Faith of a 
Christian. So he'p mc God*" 



No. 4. 
** The Articles made by the Earl of Glamorgan'* 

(From Coxe's History of Ireland, Appendix XXVIL Page 111.) 

" WHEREAS much time hath been spent in meetings and 
debates betwixt his Excellency James Marquis of Ormond, 
Lord Lieutenant and General Governor of His Majesty's 
Kingdom of Ireland* Commissioner to His Most Excellent 
Majesty, Charles, by the Grace of God, King of Great Britain, 
France and Ireland, &c. for the treating and concluding of a 
Peace in the said kingdom with his Majesty's humble and 
loyal subjects, the Confederate and Roman Catholicks of the 
said kingdom of Ireland of the one part, and the Right Ho- 
nourable Donnogh Lord Viscount Musketry, and other Com- 
missioners deputed and authorized by the said Roman Ca- 
tholick Confederate Subjects of the other part — and thereupon 
many difficulties did arise, by occasion whereof sundry matters 
of great weight and consequence necessarily requisite to be 
condescended unto by his Majesty's said Commissioners, for 
the safety of the said Confederate Roman Catholicks, were not 
hitherto agreed upon, which retarded and doth as yet retard 
the conclusion of a firm Peace and Settlement in the said 
Kingdom. And whereas the Right Honourable Edward Earl 
of Glamorgan is intrusted and authorized by his Most Excellent 
Majesty, to grant and assure to the said Confederate Catholick 
Subjects further Grace and Favours, whioh the said Lord 
Lieutenant did not as yet in that latitude as they expected grant 



6 

unto them ; and the said Earl having seriously considered of 
all matters and due circumstances of the great affairs now in 
agitation, which is the peace and quiet of the said Kingdom, 
and the importance thereof, in order to his Majesty's service, 
and in relation to a Peace and Settlement in his other King- 
dams; and here upon the place having seen the ardent desire 
of the said Catholicks to assist his Majesty against all that do 
or shall oppress his Royal Right or Monarchical Government; 
and having discerned the alacrity and cheerfulness of ihe said 
Catholieks to embrace honourable Conditions of Peace, which 
may preserve their Religion, and other just Interests. In 
pursuance therefore of his Majesties authority under his 
Highness Signature Royal and Signet, bearing date at Oxon 
the 12th day of March, in the twentieth year of, his Reign, 
granted unto the said Earl of Glamorgan, the tenure 
whereof is as follows, viz. — Charles Rex. Charles, by the 
Grace of God, King of England, Scotland, France and 
Ireland, Defender of the Faith, &c. To our trusty and right 
well -beloved Cousin, Edward Earl of Glamorgan, Greeting. 
" We reposing great and especial trust and confidence in your 
approved wisdom and fidelity, do by these (as firmly as under 
our Great Seal to all intents and purposes,) authorize and give 
you power to treat and conclude with the Confederate Roman 
Catholicks in our Kingdom of Ireland, if upon necessity any 
thing be to be condescended unto, wherein our Lieutenant 
cannot so well be seen in, as not fit for us at the present pub- 
lickly to own : therefore we charge you to proceed accordingly 
to this our Warrant with all possible secrecy, and for what- 
soever you shall engage yourself upon such valuable consider- 
ations, as you in your judgement shall deem fit; We promise 
on the word of a King and a Christian, to ratify and perform the 
game that shall be granted by you, and under your hand and seat ; 
the said Confederate Catholicks having by their supplies testified 
their zeal to our service; and this shall be in each particular to 
you a sufficient Warrant. Given at our Court, at Oxford, 
nnder our Signet and Royal Signature the 12th day of March, 
in the twentieth year of our Reign, 1644. To our right trusty 
and rifht well-beloved Cousin, Edward Earl of Glamorgan. 
It is therefore granted,, accorded and agreed, by and between 
the said Earl of Glamorgan, for and on the behalf of his Most 
Excellent Majesty, bis Heirs and Successors, on the one part, 
and the Right Honourable Richard Lord Viscount Mountgarret, 
Lord President of the Supreme Council of the said Confeder- 
ate Catholicks, the said Dunogh Lord Viscount Muskerry, 
Alexander Mac Donnel and Nicholas Plunket, Esquires, Sir 
Robert Talbot, Baronet, Dermot O'Brien, John Dillon, Patrick 
Darcy, arrd Geflery Browne, Esquires, Commissioners in that 
behalf appointed by the said Confederate Roman Catholick 
Subjects of Ireland, for and in the behalf of said Confederate 
Roman Catholrck Subject's of the other part, in manner and 
form following, (that rs to say,) 



" I. It is granted, accorded and agreed by the said Earl, for 
and in the behalf of his Most Excellent Majesty, his Heirs and 
Successors, That all and every the Professors of the Roman 
Catholick Religion in the Kingdom of Ireland, of whatsoever 
estate, degree or quality soever he or they be or shall be, shall 
for evermore hereafter have and enjoy within the said King- 
dom, the free and public use and exercise of the said Roman 
Catholick Religion, and of their respective functions therein. 

" II. It is granted, accorded and agreed by the said Earl, for 
and on the behalf of His Majesty, his Heirs and Successors, 
That the said Professors- of the Roman Catholick Religion, shall 
hold and enjoy all and every the Churches by them enjoyed 
within this Kingdom, or by them possessed at any time since 
the 23d of October, 1641, and all other Churches in the said 
Kingdom, other than such as are now actually enjoyed by his 
Majesty's Protestant Subjects. 

" III. It is granted, accorded and agreed by the said Earl, for 
and on behalf of His Most Excellent Majesty, his Heirs and 
Successors, That all and every the Roman Catholick Subjects of 
Ireland, of what estate, condition, degree or quality soever, 
shall be free, and exempted from the jurisdiction of the Pro- 
testant Clergy, and every of them ; and that the Roman Ca- 
tholick Clergy of this Kingdom shall not be punished, troubled 
or molested lor the exercise of their jurisdiction over their re- 
spective Catholick flocks, in matters Spiritual and Ecclesi- 
astical. 

u IV. It is further granted, accorded and agreed by the said 
Earl, for and on the behalf of His Most Excellent Majesty, his 
Heirs and Successors, That an Act shall be passed in the next 
Parliamenl,to be holden in this Kingdom,the tenour and purport 
whereof shall be as followeth, viz. An Act for the Relief of 
His Majesty's Catholick Subjects of His Highnesses Kingdom 
of Ireland : Whereas by an Act made in Parliament, held in 
Dublin the second year of the Reign of the late Queen 
Elizabeth, intitled, An Act restoring to the Grown the antient 
jurisdiction over the State, Ecclesiastical and Spiritual, and 
abolishing all Foreign Power repugnant to the same ; and by 
one statute made in the said last mentioned Parliament, in- 
titled, An Act for the Uniformity of Common Prayer and Ser- 
vice in the Church, and the Administration of the Sacraments^ 
sundry Mulcts, Penalties, Restraints and Incapacities, are 
and have been laid upon the Professors of the Roman Catholick 
Religion in this Kingdom, in, for and concerning the use, 
profession and exercise of their Religion, and their Functions 
therein, to the great prejudice, trouble and disquiet of the 
Roman Catholicks in their liberties and estates, and the general 
disturbance of the whole Kingdom. For remedy whereof, and 
for the better settling, increase and continuance of the Peace, 
Unity and Tranquility of this Kingdom of .Ireland; His Ma* 



jesty, at the bumble suit and request of the Lords and Com- 
mons in this present Parliament assembled, is graciously 
pleased that it may be enacted, and be it enacted by the King's 
Most Excellent Majesty, the Lords Spiritual and Temporal, 
and Commons, in this present Parliament assembled, and by 
authority of the same, That from and after the first day of this 
Session of Parliament, it shall and may be lawful to and for 
all the Professors of the Roman Catholick Religion, of what 
degree, condition or quality soever, to have, use and enjoy the 
free and publick exercise and profession of the. said Roman 
Catholick Religion, and of their several and respective functions 
therein, without incurring any mulct or penalty whatsoever, or 
being subject to any restraint or incapacity" concerning the 
same ; any article or clause, sentence or provision, in the said 
last mentioned Acts of Parliament, or in any other Act or Acts 
of Parliament, Ordinances, Law or Usage to the contrary, or 
in any wise notwithstanding. And be it also further enacted, 
That neither the said Statutes, or any other Statute, Act or 
Ordinance hereafter made in your Majesty's Reign, or in the 
Reign of any of your Highness's Most Noble Progenitors or 
Ancestors, and now of force in this Kingdom ; nor all, nor 
any branch, article, clause and sentence, in them or any of 
them, contained or specified, shall be of force or validity in 
this Realm, to extend to be construed, or adjudged to extend 
in any wise to inquiet, prejudice, vex or molest the Professors 
of the said Roman Catholick Religion, in their persons, lands, 
hereditaments or goods, for any thing, matter or cause what- 
soever, touching and concerning the free and publick use, 
exercise and enjoyings of their said Religion, Function and 
Profession. And be it also further enacted and declared by 
the authority aforesaid, That your Majesty's Roman Catholick 
Subjects in the said Realm of Ireland, from the first day of 
this Session of Parliament, shall be, and be taken, deemed, 
and adjudged capable of all Offices of Trust and Advance- 
ment, Places, Degrees and Dignities, and Preferment what- 
soever, within your said Realm of Ireland, any Acts, Statutes, 
Usage or Law to the contrary notwithstanding. And that 
other Acts shall be passed in the said Parliament, according to 
the tenor of such Agreement or Concessions, as herein are ex- 
pressed ; and that in the mean time the said Roman Catholick 
Subjects, and every of them, shall enjoy the full benefit, free- 
dom and advantage of said Agreements and Concessions, and 
of every of them. 

" V. It is accorded, granted and agreed by the said Earl, for 
and in the behalf of His Majesty, his Heirs and Successors, 
That his Excellency the Lord Marquess of Ormond, Lord 
Lieutenant of Ireland, or any other or others authorized or to 
be authorized by his Majesty, shall not disturb the Professors 
of the Roman Catholick Religion in their present possession and 
continuance of the possession of their said Churches, jurisdic* 



9 

tions, or any other the matters aforesaid in these Articles 
agreed and condescended unto by the said Earl, until his Ma- 
jesty's pleasure be signified, for confirming and publishing the 
Grants and Agreements hereby articled for and condescended 
unto by the said Earl. 

" VI. And the said Earl of Glamorgan doth hereby engage 
His Majesty's Royal Word and Publick Faith unto all and 
singular the Professors of the said Roman Catholick Religion 
within the said Kingdom of Ireland, for the due observance 
and performance of all and every the Articles, Grants and 
Clauses therein contained, and the concessions herein men- 
tioned to be performed to them. 

" VII. It is accorded and agreed, That the said Public Faith 
of the Kingdom shall be engaged unto the said Earl, by the 
said Commissioners of the said Confederate Catholicks, for 
sending ten thousand men to serve his Majesty, by order and 
publick Declaration of the General Assembly now sitting ; 
And that the Supreme Council of the said Confederate Ca- 
tholicks shall engage themselves to bring the said number of 
men armed, the one half with muskets, and the other half 
with pikes, unto any port within this Realm, at the election of 
the said Earl, and at such time as he shall appoint, to be by 
him shipped and transported to serve his Majesty in England, 
Wales, or Scotland, under the command of the said Earl of 
Glamorgan, as Lord General of the said Army, which army is 
to be kept together in one intire body; and all other the 
Officers and Commanders of the said Army are to be named by 
the Supreme Council of the said Confederate Catholicks, or by 
such others as the General Assembly of the said Confederate 
Catholicks of this Kingdom shall intrust therewith : In witness 
whereof the Parties to these Presents have hereunto inter- 
changeably put their Hands and Seals, the 25th day of August, 
1645. 

" GLAMORGAN." 

" Signed, Sealed and Delivered 
in the presence of 

John Somerset. 
Jeffery Baron. 
Robert Barry." 



10 



" Articles of Agreement, made and concluded upon, 
by and between the Right Honourable Edward 
Earl of Glamorgan, and in pursuance, and by 
virtue of His Majesties Authority under his Sig- 
net and Royal Signature, bearing date at Oxford 
the Twelfth day of March in the Twentieth Year 
of His Reign, for and on the behalf of His 
Most Excellent Majesty of the one part, and the 
Right Honourable Richard LordViscount Mount- 
garret, Lord President of the Superior Council 
of the Confederate Catholicks of Ireland, Donnogh 
Lord Viscount Muskerry, Alex, Mc. Donnell 
and Nicholas Plunkett, Esquires, Sir Robert 
Talbot Baronet, Bermot O'Brien, John Dillon, 
Patrick Darcy and Jeffery Browne Esquires, for 
and on the behalf of His Majesties Roman Ca- 
tholic k Subjects, and the Catholick Clergy of Ire- 
land, of the other part, 

" I. The said Earl doth grant, conclude and agree, on the 
behalf of His Majesty, his Heirs and Successops, to and with 
the said Richard Lord Viscount Mountgarret, Donnogh Lord 
Viscount Muskerry, Alexander Mac Donnell and Nicholas 
Plunket, Esquires, Sir Robert Talbot, Bart. Dermot O'Brieu, 
John Dillon, Patrick Darcy, and Jeffery Brovvn, Esquire? : 
That the Roman Catholick Clergy of the said Kingdom, shall 
and may from henceforth and for ever hold and enjoy all such 
Lands, Tenements, Tyihes and Hereditaments whatsoever 
by them respectively enjoyed within this Kingdom, or by them 
possessed at any time since the three and twentieth of October, 
1641. And all other such lands, tenements, tyths and here- 
ditaments belonging to the Clergy within this Kingdom, other 
than such as are actually enjoyed by His Majesty's Protestant 
Clergy. 

IT. It is granted, concluded and agreed on by the said 
Richard Lord Viscount Mountgarret, &c. on the behalf of the 
Confederate Roman Catholicks of Ireland, that two parts in three 
parts to be divided of all the said lands, tyths and heredita- 
ments whatsoever, mentioned in the precedent Articles, shall 
for three years next ensuing the feast of Easter, which shall be 
in the year of our Lord God, 1646, be disposed of, and con- 
verted for and to the use of His Majesty's forces, employed or 
to be employed in his service, and the other third part to the 



11 

use or lire said Clergy respectively, and so the like disposition 
to be renewed from three years to three years, by the said 
Clergy, during the Wars. 

" TIT. It is accorded and agreed by the said Earl of Glamor- 
gan, for and in the behalf of His Majesty, his Heirs and Suc- 
cessors, that his Excellency the Lord Marquess of Ormond, 
Lord Lieutenant of Ireland, or any other or others authorized 
or to be authorized by His Majesty, shall not disturb the Pro- 
fessors of the Roman Catholick Religion in their present posses- 
sion of their Churches, lands, tenements, lyths, heredita- 
ments, jurisdiction, or any other the matters aforesaid in these 
Articles, agreed and condescended unto by the said Earl, until 
His Majesty's pleasure be signified for confirming and publish- 
ing the Grants herein articled for, and condescended unto by 
the said Earl. 

" IV. It is accorded, granted and agreed by the said Earl, fur 
and in the behalf of His Majesty, his Heirs and Successors, 
that an Act shall be passed in the next Parliament to be held in 
this Kingdom, according to the tenour of such Agreements or 
Concessions as herein are expressed, and that in the mean time, 
the said Clergy shall enjoy the full benefit, freedom and ad- 
vantage of the said Agreements and Concessions, and every of 
them. 

"And the said Earl of Glamorgan cloth hereby engage His 
Majesty's Royal Word and Public Faith unto the said Lord 
Viscount Mountgarret, and the rest of the said Commissioners, 
for the due observance and performance of all and every the 
Articles, Agreements and Concessions herein contained and 
mentioned, to be performed to the said Roman Catholick 
Clergy, and every of them. In Witness whereof the Parties to 
these Presents have hereunto interchangeably put their Hands 
and Seals, the *25th day of August, Anno Doni. 164-3. 

"GLAMORGAN." 

"Signed, ^Sealed and Delivered 
in the Presence of 

John Summerset. 
.Jeffery Barron. 
Robert Barry." 



the 

is 



"Whereas in these Articles touching the Clergy Livings, tl 
Right Honourable the Earl of Glamorgan is obliged, fn H _ 
Majesty's behalf, to secure the Concessions in these Articles 
by Act of Parliament. We holding that manner of securing 
those Grants as to the Clergy Livings, to prove more difficult 
and prejudicial to His Majesty than by doing thereof and se- 
curing those Concessions otherwise, as to the said Livings, the 
said Earl undertaking and promising in the behalf of ' His 
Majesty, his Heirs and Successors, as hereby he doth under- 



12 

lake to settle the said Concessions, and secure idem to l(>«? 
Clergy, and their respective Successors, in another secure way, 
other than by Parliament, at present, til! a fit opportunity be 
offered for securing the same, do agree and condescend there- 
unto. And this Instrument by his Lordship signed, was be- 
fore the perfecting thereof intended to that purpose, as to the 
said Livings, to which purpose We have mutually signed this 
Endorsement. And it is further intended, that the Catholick 
Clergy shall not be interrupted by Parliament, or otherwise as 
to the said Livings, contrary to trie meaning of these Articles. 

GLAMORGAN. 

" / Edward Earl of Glamorgan do Protest and Swear 
Faithfully to acquaint the King's Most Excellent Majesty with 
ilie Proceedings of this Kingdom in Order to His Service, and to 
the endearment of this Nation, and punctual performance of what 
I have fas Authorized by His Majesty) obliged myself to sec 
performed, and in default not to permit the Army intrusted into 
my Charge to adventure itself, or any considerable part thereof , 
until Conditions from His Majesty be performed. 

GLAMORGAN 

u The Defezance to the Earl of Glamorgan." 

" Know all Men by these Presents, that whereas We the Right 
Honourable Richard Lord Viscount Mountgnmt, Donnogh Lord 
Viscount Muskerry, Alexander Mac Donnel, Nicholas Plunket, 
Esquires; Sir Robert Talbot, Baronet, Dermot O'Brien, John 
Dillon, Patrick Darcy, and Jefferey Brown, Esquires ; appointed 
by the Confederate Catholieks of Ireland, to treat and conclude 
with the Right Honourable Edward Earl of Glamorgan, 
lor and in behalf of His Most Excellent Majesty, our dread 
Sovereign King Charles. And having treated and concluded 
with the said Earl of Glamorgan, as by the Articles of Agree- 
ment, to which we have interchangeably set our Hands and 
Seals, more at large appeareth ; Yet it is to be understood that 
by the said Agreement the Right Honourable Edward Earl of 
Glamorgan doth no way intend to oblige His Excellent Ma- 
jesty, other than he himself shall please, after he shall receive 
those ten thousand men, being a Pledge and Testimony of our 
Loyalty and Fidelity to his Majesty, yet the said Earl of 
Glamorgan, doth faithfully promise upon his Word and 
Honour, not to acquaint His Most Excellent Majesty with this 
Defesance until his Lordship hath endeavoured as far as in him 
lies, to induce Hi3 Majesty to the granting of the particulars 
in the said Articles of Agreement : but that done, according to 
the trust we repose in our very good Lord the Earl of Gla- 
morgan, We the said Richard Lord Viscount Mountgarret, 
&c. and every of Us, for, and in behalf of the Confederate 
Catholieks of Ireland, who have intrusted Us, do discharge the 



15 

Kaid Earl of Glamorgan, both in Hononr and Conscience, 
of any further ingagement to Us herein, though his Majesty be 
pleased to grant the said particulars in the Articles of Agree- 
ment mentioned; and this we are induced to do by the parti- 
cular Trust and Confidence, the said Earl of Glamorgan hath 
reposed in Us for the draught of the Act of Parliament inserted 
within the Articles of our Agreement, We assuring upon our 
Words and Honours, that it is the most moderate of Three, 
which we brought up for the Assent of his Excellency the Right 
Honourable the Lord Marquess of Ormond, Lord Lieutenant 
of Ireland, and without which we cannot be satisfied; and we 
are also induced hereunto, in regard the said Earl of Glamor- 
gan hath given us Assurance upon his Word and Honour, and 
npon a voluntary Oath of his, that he would never to any per- 
son whatsoever, discover the Defezance in the interim, without 
our consents : And in confidence thereof, We have hereunto 
set our Hands and Seals the 25th day of August, Anno 
Dom. 1645. 



** Signed, Sealed, and Delivered 
in the Presence of the 
Lord John Summerset, 
(who knew nothing of the 
contents thereof,) 

F. Oliver Darcy, 
Peter Bath." 



" GLAMORGAN." 



No. 5. 

Vfrom the Iurollment of the Original in Rolls Office; and from Coxe's lt ftU 
hernia Anfjlicana," or History of Ireland. — App. XXIV. page 92.) 

<« Articles of Peace made, concluded, accorded and 
agreed upon, by and between His Excellency 
James, Lord Marquess of Ormond, Lord Lieu- 
tenant General, and General Governor of His 
Majesties Kingdom of Ireland, for and on the 
behalf of His Most Excellent Majesty of the one 
part, and Richard Lord Viscount Mountgarret, 
Donogh Lord Viscount Musherry, Sir Robert 
Talbot, Baionet, Dermot O'Bryen, Patrick 
Darcy, Geffery Brown, and John Dillon, Es- 
quires, appointed and authorised for and in the 
behalf of his Majesties said Roman Calholick 
Subjects on the other part. 

" I.—IT is concluded, accorded, and agreed upon, by His 
Majesties said Commissioners, for and on the behalf of His 
Most Excellent Majesty, and the said Richard Lord Viscount 
M«untgarret, Donogh Lord Viscount Muskerrv, Sir Robert 



14 

Talbot, Baronet, Dermot O'Bryen, Patrick Darcy, Geftery 
Brown, and John Dillon, Esquires, on the behalf of the said 
Roman Catholick Subjects ; and His Majesty is graciously 
pleased, that it shall he provided by Act of Parliament to be 
passed in the next Parliament to be held in this Kingdom, 
That the Professors of the Roman Oatholick Religionin the said 
Kingdom or any of them be not bound or obliged to take the 
Oath expressed in Hie Statute of Secundo KHz. commonly 
called the Oath of Supremacy ; and that the said Oath shall not 
be tendered unto them ; and tUat the refusal of the said Oath 
shall not redound to the prejudice of them, or any of them, 
they taking the Oath of Allegiance in hac verba. 

I, A. B. do truly acknowledge, confess, testify, and declare in 
my conscience before God and the World, That our Sovereign Lord 
King Charles is Lawful and Rightful King of this Realm, and of 
other His Majesties Dominions and Countries ; and I will dear 
Faith and true Allegiance to His Majesty, and hit Heirs and 
Successors, and him. and them will defend to the uttermost of mt/ 
power against all Conspiracies and Attempts whatsoever, which 
thall be made against his or their Crown or Dignity, and do my best 
endeavour to disclose and make known unto his Majesty, His Heirs 
and Successors, or to the Lord Deputy, or other Governor for the 
time being, all Treasons or Trayterous Co?ispiracies, which I shall 
know or hear to be intended against his Majesty or any of them ; and 
I do make this recognition and acknowledgment, heartily, willingly 
and truly, upon the true Faith of a Christian. — So help me God. 
So as by the same Act it be further Provided and Enacted, 
that if any Roman Catholick happen to be promoted, presented 
or advanced to any Ecclesiastical Promotion, Dignity or Bene- 
fice, according to the form now used in the Protestant Church 
of Ireland, that the freedom and exemption aforesaid shall not 
extend ta any such Roman Catholick, or if any being a Pro- 
testant, be advanced, promoted or presented to any Ecclesias- 
tical Benefice, Dignity or Promotion, shall afterwards happen 
to become a Roman Catholick, that the freedom and exemption 
aforesaid shall not so far extend to any such Roman Catholick, 
but that upon tender of the said Oath, and refusal thereof to 
be for that cause left subject to privation of the said Benefice, 
Dignity or Promotion, according to the said Statute ; And it is 
further concluded, accorded and agreed, by and between the 
said Parties, that for all matters concerning the First Proposi- 
tion of the said Catbolicks. viz.: That all Acts made against 
the Professors of the Roman Catholick Faith, whereby any 
restraint, penalty, mulct, or incapacity may be laid upon 
any Roman Catholick within the Kingdom of Ireland, may be 
Repealed, and the said Catbolicks to be allowed the freedom of 
the Roman Catholick Religion, That His Majesties said Roman 
Catholick Subjects, be referred to His Majesties Gracious Favour 
and further Concessions ; And that no Clause in these Articles 
shall or may hinder His Majesties said Roman Catholick Sub- 



u 

jects, or any of them, from the benefit of His Majesties further 
Graces and Concessions ; And that no Use shall be made of 
the Papers past on this Treaty, or any of them concerning the 
First Proposition, which may in any sort hinder the said Roman 
Catholick Subjects, or any of them, from His Majesties further 
Concessions. And that His Majesties said Commissioner and 
other Chief Governor or Governors of this Kingdom for the 
time being, shall cause whatsoever shall be further directed by 
His Majesty, to be passed in Parliament, for and on the behalf 
of His said Roman Catholick Subjects, to be accordingly drawn 
into Bills, and transmitted according to the usual manner, to 
be afterwards passed as Acts in the said Parliament. 

"II. — It is further concluded, accorded and agreed upon, by 
and between the said Parties, and His Majesty is graciously 
pleased to call a New Parliament to be held in this Kingdom, 
on or before the last day of November next ensuing ; and that 
all Matters agreed on by these Articles to be passed in Parlia- 
ment, shall be transmitted into England, according to the usual 
form, to be passed in the said Parliament, and that the said 
Acts so to be agreed upon, and so to be passed, shall receive 
no alteration or diminution here or in England ; Provided that 
nothing shall be concluded by both or either of the said Houses 
of Parliament, which may bring prejudice to any of His Ma- 
jesties Protestant Party, or their Adherents, or to any of His 
Majesties Roman Catholick Subject's Party, or their Adherents, 
other than such things as upon this Treaty shall be concluded 
to be done, or such things as may be proper for the Committee 
of Priviledges of either or both Houses, to take cognizance of, 
as in such cases heretofore hath been accustomed, and such 
other things as shall be propounded to either or both Houses by 
the Lord Lieutenant, or other Chief Governour or Covernoura 
for the time being, during the said Parliament, for the advance- 
ment of His Majesties Service, and the Peace of the Kingdom, 
which Clause is to admit no construction which may trench 
upon these Articles, or any of them. 

"III. — It is further concluded, accorded and agreed upon, by 
And between the said Parties, and His Majesty is further Gra- 
ciously pleased, that all Acts, Ordinances and Orders made by 
both or either Houses of Parliament, to the blemish, dishonour, 
or prejudice of His Majesties Roman Catholick Subjects of this 
Kingdom, or any of them, since the Seventh of August, 1641, 
shall be vacated, and that the same, and all exemplifications, 
and other Acts, which may continue the memory of them, be 
made void by Act of Parliament. 

"IV. — It is further concluded, accorded and agreed upon, by 
and between the said Parties, and His Majesty is further gra- 
ciously pleased, that all Indictments, Attainders, and Outlawries 
itt thte Kingdom, and all the Processes and other Proceedings 
thereupon, and all Letters Patents, Grants, Leases, Custo- 
diams, Bonds, Recognizances; and all Records, Act or Acts, 
Office or Offices, Inquisitions, and all other things depending 



10 

upon, or taken by reason of the said Indictments, Attainders 
or Outlawries since the Seventh of August, 16*41, in prejudice 
of the said Catholicks, their Heirs, Executors, Administrators 
and Assigns, or any of them, or the Widows of them or any 
of them, shall be vacated and made void in such sort, as no 
memory shall remain thereof, to the blemish, dishonour, or 
prejudice of the said Catholicks, their Heirs, Executors, Ad- 
ministrators or Assigns, or any of them, or the Widows of 
them, or any of them, and that to be done immediately after 
concluding of these Articles, and at furthest before the First 
day of October next; or in case the said New Parliament be 
called sooner than the last day of November, then Forty days 
before the said Parliament. And that all impediments which 
may hinder the said Roman Catholicks to Sit or Vote in the 
next intended Parliament, or to choose or to be chosen Knights 
and Burgesses to Sit or Vote there, shall be removed before the 
said Parliament, provided that no man shall be questioned by 
reason of this Article for Mesne Rates or Wastes, saving 
wilful Wastes, committed ttfter the First of November, 1645. 

" V. — It is further concluded, accorded and agreed upon, by 
and between the said Parties ; And His Majesty is graciously 
pleased that all Debts do stand in State as they were in the be- 
ginning of those troubles, and that no Grant or disposition 
made, or to be made thereof, by vertue or colour of any At- 
tainder, Outlawry, Fugaey or other Forfeiture whatsoever, or 
otherwise, shall be of force, and this to be passed as an Act in 
the said next Parliament. 

" VI. — It is concluded, aecorded and agreed, by and between 
the said Parties, and His Majesty is graciously pleased, that 
for the securing of the Estates or reputed Estates of the Lords, 
Knights, Gentlemen and Freeholders, or reputed Freeholders, 
as well of Connaught, and County of Clare, or Country of 
Thomond, as of the County of Limerick and Tipperary, the 
same to be secured by Act of Parliament according to the intent 
of the Five and Twentieth Article of the Graces, granted in the 
Fourth Year of His Majesties Reign, the Tenor whereof, for 
so much as concerneth the said Proposition, doth ensue in 
these words, viz. : We are Graciously pleased, that for the se- 
curing of the Inhabitants of Connaught, and Country of Tho- 
mond, and County of Clare, that their several Estates shall be 
confirmed unto them and their Heirs, against Us, and our 
Heirs and Successors, by Act to be passed in the next Parlia- 
ment to be holden in Ireland, to the end that the same may 
never hereafter be brought into any further question by Us, 
our Heirs and Successors ; in which Act of Parliament so to 
be passed, you are to take care, that all Tenures in Capite, and 
all Rents and Services, as are now due, or which ought to be 
answered unto Us, out of the said Lands and Premises, and by 
any Letters Patents past thereof, since the First Year of King 
Henry the Eighth, or found by any Office taken from the said 
First Year of King Henry the Eighth, until the One and 



IT 

Twentieth July, 1615, whereby our late dear Father, or any His 
Predecessors actually received any Profit,by Wardship/Liveries, 
PrimerSeisins, Mesne Rates, Ouster le Mains, or Fines of Alie- 
nations without Licence, be again reserved unto Us, our Heirs 
and Successors ; And all the rest of the Premises to be holden 
of our Castle of Athloane, by Knights Service, according to our 
said late Father's Letters, notwithstanding any Tenures in 
Capite found for Us by Office since the One and Twentieth of 
July, 1615, and not appearing in any such Letters Patents, 
or Offices, within which rule it is His Majesties pleasure, and 
it is so concluded and agreed, that the said Lands in the Coun- 
ties of Limerick and Tipperary be included, but to be held by 
such Rents and Tenures only as they were in the Fourth Year 
of His Majesties Reign : Provided always, and it is the inten- 
tion of the said Parties to these Presents, that the said Lords, 
Knights, Gentlemen and Freeholders, or reputed Freeholders 
of the said Province of Connaught, County of Clare, and 
Country of Thomond, and Counties of Tipperary and Lime- 
rick, shall have and enjoy the full benefit of such Composition 
and Agreement, which shall be made with His Most Excellent 
Majesty for the Court of Wards, Tenures, Respites, and Issues 
of Homage, any Clause in this Article contained to the contrary 
notwithstanding. And as for the Lands within the Counties of 
Kilkenny and Wickloe, unto which His Majesty was intituled 
by Offices taken or found in the time of the Earl of Strafford's 
Government in this Kingdom; His Majesty is graciously 
pleased, that the state thereof shall be considered in the next 
intended Parliament, wherein His Majesty will assent unto 
that which shall be just and honourable. And it is further 
concluded and agreed, by and between the said Parties, and 
His Majesty is further graciously pleased, that the like Act of 
Limitation of His Majesties Titles for the security of the Es- 
tates of His Subjects of this Kingdom, be passed in the said 
Parliament, as was Enacted in the One and Twentieth Year of 
His late Majesty King James His Reign iu England. 

"VII.- — It is further concluded accorded and agreed upon, by 
and between the said Parties, and His Majesty is further gra- 
ciously pleased, that all incapacities imposed upon the Natives 
of this Kingdom, or any of them as Natives, by any Act of 
Parliament, Provisoes in Patents, or otherwise, be taken away by 
Act to be passed in the said Parliament ; and that they may be 
enabled to erect one or more Inns of Court, in or near the City 
of Dubliu, and that such Students, Natives of this Kingdom, 
as shall be therein, may take and receive the usual Degrees 
accustomed in any Inns of Court, they taking the Oath already 
mentioned : And that they may erect one or more Universities 
to be governed by such Rules and Orders as His Majesty shall 
appoint. And it is further concluded and agreed, by and be- 
tween the said Parties, and His Majesty is graciously pleased, 
that the said Roman Catholiek Subjects may erect and keep Free 
Schools, for Education of Youth in this Kingdom, any Law ojr 



18 

Statute to the contrary notwithstanding ; all the Matters of this 
Article to be passed as Acts of Parliament in the said next 
Parliament. 

" VIII. — It is further concluded, accorded and agreed upon, 
by and between the said Parties, and His Majesty is graciously 
pleased That Places of Command, Honour, Profit and Trust in 
His Majesties Armies in this Kingdom shall be upon perfection 
of these Articles actually, and by particular instances conferred 
upon His Roman Catholick Subjects of this Kingdom ; and 
that upon the distribution, conferring and disposal of the 
Places of Command, Honour, Profit and Trust in His Majes- 
ties Armies in this Kingdom, for the future n© difference shall 
be made between the said Roman Catholicks and other His Ma- 
jesties Subjects ; but that such distribution shall be made with 
equal indifferency, according to their respective Merits and 
Abilities : And that all His Majesties Subjects of this King- 
dom, as well Roman Catholics as others, shall for His Majes- 
ties Service, and their own security, arm themselves the best 
they may, wherein they shall have all fitting encouragement. 
And that Places of Command Honour, Profit and Trust in 
Civil Government in this Kingdom, shall be upon passing of 
the Bills, in these Articles mentioned, in the next Parliament 
actually and by particular instances conferred upon His 
Majesties Roman Catholick Subjects of this Kingdom ; and 
that in the distribution, conferring, and disposal of the Places 
of Command, Honour, Profit and Trust, in the Civil Govern- 
ment, for the future no difference shall be made between the 
said Roman Catholicks and others His Majesties subjects, but 
that such distribution shall be made with equal indifferency, 
according to their respective Merits and Abilities, and that in 
the distribution of Ministerial Offices, or Places which now 
are, or hereafter shall be void in this Kingdom, equality shall 
be used to the Roman Catholick Natives of thisfcingdom, as 
to other His Majesties Subjects. That the Command of Forts, 
Castles, Garrisons, Towns, and other Places of Importance in 
this Kingdom, shall be conferred upon His Majesties Roman 
Catholick Subjects of this Kingdom upon perfection of these 
Articles, actually and by particular instances ; and that in the 
distribution, conferring and disposal of the Forts, Castles, 
Garrisons, Towns, and other Places of Importance in this 
Kingdom, no difference 6hall be made between His Majesties 
Roman Catholick Subjects of this Kingdom, and other His 
Majesties Subjects, but that such distribution shall be made 
with equal indifferency, according to their respective Merits 
and Abilities. 

"IX. — It is further concluded, accorded and agreed upon, by 
and between the said Parties, and His Majesty is further gra- 
ciously pleased, that His Majesty will accept of the Yearly 
Rent or Annual Sum of Twelve Thousand Pounds Sterling, 
to be applotted with indifferency and equality, and consented 
to be paid to His Majesty, His Heirs and Successors in Par- 



19 

Uament, for and in lieu of the Court of Wards in this King- 
dom, Tenures in Capite, common Knights Service, and all 
other Tenures within the Cognizance of that Court ; and for 
and in lieu of all Wardships, primer Seisins, Fines, Ousterle- 
mains, Liveries, Intrusions, Alienations, Mesne Rates, Reliefs 
and all other Profits, within the Cognizance of the said Court, or 
Incident to the said Tenures or any of them, or Fines to acc-ew 
to His Majesty, by reason of the said Tenures or any of them, 
and for, and in lieu of Respites and Issues of Homage, and 
Fines of the same; And the said Yearly Rent being so ap 
lotted and consented unto in Parliament, as aforesaid ; then a 
Bill is to be agreed on in the said Parliament, to be passed as an 
Act, for the securing of the said Yearly Rent, or Annual Sum of 
Twelve Thousand Pounds, to be applotted as aforefaid, and for 
the extinction snd taking away the said Court, and other ma>« 
ters aforesaid in this Article contained : And it is further 
agreed, that reasonable compositions shall be accepted for 
Wardships fallen since the 23d of October, 1641, and already 
granted : And that no Wardship fallen, or not granted, or that 
shall fall, shall be past, until the success of this Article shall 
appear: And if his Majesty be secured as aforesaid, then all 
Wardships fallen since the said 23d of October, are to be in- 
cluded in the Agreement aforesaid, upon composition to be 
made with such as have grants as aforesaid, which composition 
to be made with the Grantees since the time aforesaid, is to be 
left to indifferent persons, and the umpirage to the said Lord 
Lieutenant, His Majesties Commissioner. 

" X. It is further concluded, accorded and agreed, by and 
between the said Parties, and His Majesty is further graciously 
pleased, that no Nobleman or Peer of this Realm, in Parlia- 
ment, shall be hereafter capable of more proxies than two, and 
that blank proxies shall be hereafter totally disallowed, and 
that if such Noblemen or Peers of this Realm as have no 
estates in this Kingdom do not within five years, to begin from 
the conclusion of these Articles, purchase in this Kingdom as 
followetb, viz. a Lord Baron, two hundred Pounds per annum 
— a Lord Viscount, four hundred pounds per annum, and an 
Earl, six hundred pounds sterling per annum, shall lose their 
votes in Parliament, until such time as they shall afterwards 
acquire such estates respectively. And it is further agreed, 
that none be admitted into the House of Commons but such as 
shall be estated, and resident within this Kingdom. 

"XL It is further concluded, accorded and agreed, by and 
between the said Parties, and His Majesty is further graciously 
pleased, that as for and concerning the independency of the 
Parliament of Ireland on the Parliament of England, His 
Majesty will leave both Houses of Parliament in this Kingdom 
to make such Declarations therein as shall be agreeable to the 
Laws of the Kingdom of Ireland. 

' XII. It is further concluded, accorded and agreed, by and 
between the said Parties, and His Majesty is further graciously 



20 

pleased, that the Council Table shall contain itself within its 
proper bounds in handling matters of State aild Weight fit for 
that place, amongst which the Patents of Plantation, and the 
Oifices whereupon those Grants are founded, are to be handled 
as matters of State, and be heard and determined by the Lord 
Lieutenant, or other Chief Governor or Governors for the 
time being, and the Council, publickly at the Council Board, 
and not otherwise ; but titles between party and party, grown 
after these Patents granted, are to be left to the ordinary course 
of law ; and that the Council Table do riot hereafter intermeddle 
with common business that is within the cognizance of the 
ordinary Courts, nor with the altering of* possessions of lands, 
nor make, nor use private orders, hearings, or references, con- 
cerning any such matter, nor grant any injunction or order for 
stay of any suits in any civil cause, and that parties grieved, 
For or by reason of any proceedings formerly had there may 
commence their suits and prosecute the same, in any of His 
Majesties Courts of Justice or Equity, for remedy of their pre- 
tended rights, without any restraint or interruption from His 
Majesty, or otherwise by the Chief Governor or Governors 
and Council of this Kingdom. 

" XIII. It is further concluded, granted and agreed, by and 
between the said Parlies, and His Majesty is further graciously 
pleased, that as for and concerning one Statute made in this 
Kingdom in the eleventh year of the Reign of Queen Elizabeth, 
intituled A?i Act for staying of Wooll, Flocks, Tallow, and other 
necessaries within this Realm — and one other Statute made in 
the said Kingdom in the twelfth year of the said Queen, 
intituled An Act and one other Statute made in the said 

Kingdom, in the thirteenth year of the Reign of the said late 
Queen, intituled An explanation of the. Act made in a Session 
of this Parliament for staying of Wooll> flocks, Tallow, and 
other Wares and Commodities mentioned in the said Act, and 
certain Articles added to the same Act, all concerning Staple 
or Native Commodities of this Kingdom, shall be repealed, 
excepting for Wooll and Wooll Fells, and that such indifferent 
persons as shall be agreed on by the said Lord Lieutenant, and 
the said Lord Viscount Mountgarret, &c. or any five or more 
of them shall be authorized by Commission under the Great 
Seal, to moderate and ascertain the rates of Merchandize to be 
exported or imported out of, or into this Kingdom, as they 
shall think fit. 

"XIV. It is further concluded, accorded and agreed, by 
and between the said Parties, and His Majesty is further gra- 
ciously pleased, that care be had that the Chief Governor 
or Governors of this Kingdom for the time being, shall not 
continue in those places longer than he shall find for the good 
of his people here, and that they shall be inhibited to make any 
purchase other than by lease for provision of their Houses, 
during the time of their Government. 



''■■■ - & 



21 

• XV. It is further concluded, accorded and agreed, by and 
between the said Parties, and His Majesty is further graciously 
pleased, that an Act of Oblivion shall be passed in the next 
Parliament to extend unto all His Majesty's Subjects of this 
Kingdom, and their adherents, of all treasons and offences* 
capital, criminal arid personal, and other offences of what na- 
ture, kind or quality soever, in such manner, as if such trea- 
sons or offences had never been committed, perpetrated, or 
done ; that the said Act do extend to the Heirs, Children, 
Kindred, Executors, Administrators, Wives, Widows, Dow- 
agers and Assigns, of such of the said Subjects* and their ad- 
herents, who died on or since the 23d of October> 1641. That 
the said Act do relate to the first day of the next Parliament — 
That the said Act do extend to all Bodies Politick and Cor- 
porate, and their respective Successors, and unto all Cities, 
Burroughs, Counties, Baronies, Hundreds, Towns, Villages, 
Ty things, and every of them within this Kingdom, for and 
concerning all and every of the said offences* or any other 
offence or offences, in them, or any of them committed or 
done, by his Majesty's said Subjects, or their adherents, or 
any of them, in or since the 23d of October, 1641. That this 
Act shall extend to Piracies, and all other offences* committed 
upon the Sea by his Majesty's said subjects, or their adher- 
ents, or any of them : 1 hat in this Act of Oblivion, words of 
release, acquittal, and discharge he inserted : That no person 
or persons, Bodies Politick or Corporate, Counties, Cities, 
Burroughs, Baronies, Hundreds, Towns, Villages, Tythings, 
or any of them within this Kingdom, iucluded within the said 
Act, be troubled, impeached, sued, inquieted, or molested, 
for or by reason of any offence, matter or thing whatsoever, 
comprized within the said Act, and the said Act shall extend 
to alt Rents, Goods and Chattels, taken, detained, or grown 
due, to the Subjects of the one side to the other, since the 23d 
of October, 1641, to the date of these Articles ; and also to all 
Customs, Rents. Arrears of Rents, Prizes, Recognizances, 
Bonds, Fines, Forfeitures, Penalties, and to all other Profits, 
Perquisites and Dues, which were due, or did, or should 
accrue to His Majesty, on, before, or since the 23d of October, 
1641, until the perfection of these Articles, and likewise to all 
Mesne Rates, lines, of what nature soever, Recognizances, 
Judgments, Executions thereupon, and Penalties whatsoever, 
and to all other Profits due to his Majesty since the said 23d of 
October, and before, until this present, for, by reason, or 
which lay within the survey or cognizance of the Court of 
Wards ; and also to all Respits, Issues of Homage, and Fines 
for the same ; provided this shall not extend to discharge or 
remit any of the King's Debts or Subsidies, due before the 
said 23d of October, 1641, which were then or before levied, 
or taken by Sheriffs, Commissioners, Receivers, or Collectors, 
and not then, or before accounted for, or since disposed to 
publick use of the said Roman Catholick Subjects, but that 



22 

such persons may be brought to aceount for the same, after full 
settlement in Parliament, and not before, provided that such 
barbarous and inhuman crimes, as shall be particularized and 
agreed upon, by the said Lord Lieutenant and the Lord Vis- 
count Montgarret, &c. or any five or more of them, as to the 
actors and procurers thereof, be left to be tried and adjudged by 
such indifferent Commissioners as shall be agreed upon by the 
said Lord Lieutenant, and the said Lord Viscount Mountgarrer, 
&c. or any five or more of them ; and that the power of the said 
Commissioners shall continue only for two years next ensuing 
the date of these present Articles ; provided also that the Com- 
missioners to be agreed on for tryal of the said particular crimes 
to be excepted, shall hear, order and determine all cases of trust, 
where relief may or ought in Equity to be afforded*against all 
manner of persons, according to the Equity and circumstances 
of every such case : And His Majesty's Chief Governor or 
Governors and other Governors and Magistrates for the time be- 
ing, and all His Majesty's Courts of Justice, and other His Ma- 
jesty's Officers of what condition or quality soever, be bound and 
required to take notice of and pursue the said Act of Oblivion, 
without pleading or suit to be made for the same : And that no 
Clerk or other Officers do make out, or write out any manner of 
Writs, Processes, Summons, or other Precept, for, concerning, 
or by reason of any matter, cause, or thing whatsoever, released, 
forgiven, discharged, or to be forgiven by the said Act, under 
pain of Twenty Pound sterling ; And that no Sheriff or other 
Officers do execute any such Writ, Process, Summons, or 
Precept ; and that no Record, Writing, or Memory do remain 
of any offence or offences released, or forgiven, or mentioned to 
be forgiven by this Act; and that all other causes usually in- 
serted in Acts of General Pardon or Oblivion, enlarging His 
Majesty's Grace and Mercy, not herein particularized, be in- 
serted and comprized in the said Act, when the Bill shall be 
drawn up, with the exceptions already expressed, and none 
other; provided always that the said Act of Oblivion, shall 
not extend unto any Treason, Felony, or other offence or of- 
fences, which shall be committed or done from or after the date 
of these Articles until the first day of the before mentioned 
next Parliament to be held in this Kingdom; provided also, 
that any Act or Acts which shall be done by vertue, pretence, 
or in persuance of these Articles, or any of them after the 
Publication of the said Articles, or any Act or Acts, which 
shall be done by vertue, colour, or pretence of the power or autho- 
rity used, or exercised, by and amongst the Confederate Roman 
Catholicks after the date of these Articles, and before the 
said publication, shall not be accounted, taken, construed, or 
be treason, felony, or other offence, to be excepted out of the 
said Act of Oblivion; provided likewise that the said Act of 
Oblivion shall not extend unto any person or persons, that 
will not obey and submit unto the Peace concluded, and agreed 
on by these Articles. 



23 

"XVI. It is furiher concluded, accorded and agreed, by and 
between the said Parties, and his Majesty is further graciously 
pleased, that an Act be passed in the next Parliament, pro- 
hibiting that neither the Lord Deputy, or other Chief Go- 
vernor or Governors, Lord Chancellor, Lord High Treasurer, 
Vice Treasurer, Chancellor, or any of the Barons of the Ex- 
chequer, Privy Council, or Judges of the Four Courts, be 
Farmours of His Majesty's Customs within this Kingdom. 

"XVII. It is further concluded, accorded and agreed by and 
between the said Parties, and His Majesty is further graciously 
pleased, that an Act of Parliament pass in this Kingdom 
against Monopolies, such as was enacted in England, 21. 
Jacobi Reyis, with a further clause of repealing all Grants of 
Monopolies in this Kingdom, and that Commissioners be 
agreed upon by the said Lord Lieutenant, and the Lord Vis- 
count Mountgarret, &c. or any five or more of them, to set 
down the Rates for the Custom, or imposition to be laid on 
Aquavitae, Wine, Oyl, Yarn, and Tobacco. 

"XVIII. It is further concluded, accorded and agreed, by 
and between the said Parties, and His Majesty is further 
graciously pleased, that such Persons as shall be agreed on by 
the said Lord Lieutenant, and the said Lord Viscount Mount- 
garret, &c. or any five or more of them, shall be upon conclu- 
sion of these Articles, authorized by Commision under the 
Great Seal, to regulate the Court of Castle Chamber, and such 
Causes as shall be brought into, and censured in the said 
Court. 

"XIX. It is further concluded, accorded and agreed, by 
and between the said Parties, and His Majesty is further 
graciously pleased, that two Acts lately passed in this King- 
dom, prohibiting the Plowing with Horses by the Tail, and 
the other prohibiting the Burning of Oats in the Straw, be re- 
pealed. 

" XX. It is further concluded, accorded and agreed, by and 
between the said Parties, and His Majesty is further gracious- 
ly pleased, that upon perfection of these Articles, such course 
shall be taken against such who have disobeyed the Cessation, 
and will not submit to the Peace, if any shall oppose it, as 
shall be just, and for the Peace of the Kingdom. 

" XXI. It is further concluded, accorded and agreed, by and 
between the said Parties, and His Majesty is further graciously 
pleased, forasmuch as upon application of Agents from this 
Kingdom unto His Majesty, in the fourth year of his Reign, 
and lately upou humble suit made unto His Majesty by a Com- 
mittee of both Houses of the Parliament of this Kingdom, order 
was given by His Majesty for redress of several Grievances, and 
for so many of those as are not expressed in these Articles, 
whereof both Houses in the next ensuing Parliament, shall 



24 

desire the benefit of His Majesty's said former directions for 
redresses therein, that the same be afforded them, yet so, as 
for prevention of inconveniencies to His Majesties Service, 
that the Warning mentioned the 21st Article of the Graces, in 
the fourth year of His Majesty's Reign, be so understood, that 
the Warning being left at the persons dwelling houses, be held 
sufficient Warning, and that as to the 22d Article of the said 
Graces, the process hitherto used in the Court of Wards do 
still continue, as hitherto it hath done in that, and hath been 
used in other English Courts ; but the Court of Wards being 
compounded for, so much of the aforesaid answer as concerns 
Warning, and Process, shall be omitted. 

" XXII. It is further concluded, accorded and agreed, by 
and between the said Parties, and His Majesty is further gra- 
ciously pleased, that Maritime Causes may be determined in 
this Kingdom, without driving of Merchants or others to ap- 
peal and seek justice elsewhere ; and if it shall fall out that 
there be cause of an appeal, the party aggrieved is to appeal 
to His Majesty in the Chancery of Ireland, and the sentence 
thereupon to be given by the Delegates to be definitive, and 
not to be questioned upon any further appeal, except it be in 
the Parliament of this Kingdom, jf the Parliament shall then 
be sitting, otherwise not ; this to be by Act of Parliament. 

" XXIII. It is further concluded, accorded and agreed, by 
and between the said Parties, and His Majesty, out of his abund- 
ant grace and goodness to his Subjects of this Kingdom, is 
graciously pleased to assent, that his said Subjects be eased of 
the increase of Rents lately raised on them upon the Commis- 
sion of Defective Titles, in the Earl of Strafford's Govern- 
ment ; this to be by Act of Parliament. 

" XXIV. It is further concluded, accorded and agreed, by 
and between the said Parties, and His Majesty is further graci- 
ously pleased that by Act to be passed in the next Parliament, all 
the Arrears of Interest of Money which did accrew or grow due 
by way of Debt, Mortgage, or otherwise, and yet not satisfied, 
since the 23d of October, 1641, until the perfection of these 
Articles, shall be fully forgiven and released : And that for and 
during the space of three years next ensuing, no more shall 
be taken for use or interest of money, than Five Pounds per cent. 
and in all cases of Equity arising through disability, occasioned 
by the distempers of those times, the considerations of Equity 
to be alike unto both parties. 

" XXV. It is concluded, accorded and agreed, by and be- 
tween the said Parties, and His Majesty is graciously pleased, 
that the said Richard Lord Viscount Mountgarret, &c. shall 
be immediately, upon conclusion of these Articles, authorized 
by Act of State to proceed in, hear, determine and execute, 
within the Cities, Corporate Towns, Counties, and parts 9f 



25 

Counties, now, or lale, within the quarters of the said Con- 
federate Catholicks, the ensuing particulars, and all matters 
thereupon depending, and that the said Act of State, and other 
the authorities hereafter mentioned shall remain of force, with- 
out revocation, alteration, or diminution, until Acts of Par- 
liament be passed, according to the purport and intent of these 
present Articles ; only in case of death of any of the said 
persons so to be authorized, the Lord Lieutenant, or other 
Chief Governor or Governors of this Kingdom for the time be- 
ing, shall by the advice and consent of the person so to be 
authorized, 'then living, or any five or more of them, name 
others in the place of such who shall be so dead, and the per- 
sons so to be named, to be authorized as the former, and that 
the persons to be authorized as aforesaid, or any five or more of 
them, be permitted without interruption to applot, raise, and 
levy means with indifferency and equality, upon all His Ma- 
jesty's Roman Catholick Subjects of this Kingdom, for the 
raising, clothing, and bringing to sea ports, and maintaining 
there, until they be shipped, Ten Thousand Men, promised 
by the Confederate Catholicks of this Kingdom to assist His 
Majesty, and to levy the arrears of all Excises, and other 
Publick Taxes already imposed by them, and yet unpaid ; and 
to call all Receivers and other Accomptants of all former Taxes 
and Publick Dues, to a just and strict accompt, either by 
themselves, or such as they, or any five or more of them shall 
name and appoint : And that the said persons to be authorized 
as aforesaid, or any five or more of them, shall have power to 
applot, raise and levy means, with indifferency and equality, 
by way of Excises, or otherwise, in the several Cities, Corparate 
Towns, Counties, and parts of Counties now within the quar- 
ters of the said Confederate Catholicks, towards the main- 
tenance of such Army or Armies as shall be thought fit to con- 
tinue, and be in pay, for the defence of the Kingdom, and 
towards the maintenance of all the Forts, Castles, and Gar- 
risons within both, or either, of the now quarters of either 
party, other than such of the said Garrisons, Forts and Castles, 
as from time to time, until there be a settlement in Parliament, 
shall be thought fit by His Majesty's Chief Governor or Gover- 
nors of this Kingdom for the time being, by and with the advice 
and consent of the said persons so to be authorized, or any five 
or more of them, not to be maintained at the charge of the 
Publick, provided that His Majesties Lieutenant, or other 
Chief Governors for the time being, be first made acquainted 
with such taxes, levies and excises as shall be made, and the 
manner of levying thereof, and that he approve the same, and 
that the persons to be authorized as aforesaid, or any five or 
more of them shall be athorized to appoint Receivers, Collect- 
ors, and all other officers, for such monies as shall be so as- 
sessed, and for the arrears of all former applotments, taxes, and 
other publick dues yet unpaid ; and that the persons so to be 
authorized, or any five or more of them, in case of refrac* 

P 



26 

toriness or delinquency, may distrain and imprison, and cause 
such delinquents to be distrained or imprisoned, and that the 
profits of the estates, within the now quarters of the Confeder- 
ate Catholicks, of such as shall adhere to the Parliament, and 
not submit to the Peace, be accompted as publick dues, and be 
converted to the maintenance of the King's Army, and that the 
said Persons to be authorized as aforesaid, or any five or more 
of them, shall have power to Applot, Raise, and Levy Means 
"With indirTerency and equality, for the buying of Arms and 
Ammunition, and for entertaining of Frigats, in such proportion 
and manner as shall be thought fit by his Majesties Lieutenant, 
or other Chief Governor or Governors, for the time being, by 
and with the advice and consent of the said Richard Lord Vis- 
count Mountgarret, &c. or any five or more of them ; the said 
Arms and Ammunition, to be laid up in such Magazines, and 
under the charge of such Persons as shall be agreed, by the 
said Lord Lieutenant, and the said Persons to be authorised 
as aforesaid, or any five or more of them, and to be issued ; 
and the said Frigats to be employed by the Lord Lieu- 
tenant, or other Chief Governor or Governors for the time 
being, for the safety of the Kingdom, by the advice and con- 
sent of Richard Lord Viscount Mountgarret, &c. or any five or 
more of them ; and that the said persons so to be au- 
thorized as aforesaid, or any five or more of them, shall 
have power to Applot, Raise and Levy Means with indirTer- 
ency and equality, by way of Excises, or otherwise, in the se- 
veral Cities, Corporate Towns, Counties and parts of Counties 
now within the quarters, and upon the estates of the said 
Confederate Catholicks, all such sum and sums as shall appear 
unto the said Persons, to be authorised as aforesaid, or any five 
or more ot them, to be really due, for and in discharge of the 
publick ingagements of the said Confederate Catholicks 
incurred or grown du<e before the conclusion of these Ar- 
ticles, and that the said Persons to< be authorised as afore- 
said, or any five or more of them, shall have power to 
Applot, Raise and Levy Means with indifferency and equa- 
lity by way of Excise, or otherwise, in the several Cities, 
Corporate Towns, Counties and parts of Counties now within 
the quarters of the said Confederate Catholicks, as well for the 
Persons to be authorised as aforesaid, and also for such other Per- 
son and Persons as shall be imployed in publick affairs, within 
the several Cities, Corporate Towns, Counties apd parts of 
Counties within the now quarters of the said Confederate Catho- 
licks, from time to time, until a settlement by Parliament ; and 
that the said Persons to be authorised as aforesaid, or any five or 
more of them, make perfect books of all such monies as shall be 
apploted, raised and levied ; out of which books, they are to 
make several and respective abstracts, to be delivered unto their 
hands, or the hands, of any five or more of them, to the several 
aud respective Collectors, who shall be appointed to levy and re- 
ceive the same ; and that a duplicate of the said books, under 
the hands ef the said persons to be authorised as aforesaid, be 
delivered unto his Majesties Lieutenant or other Chief Governor 



27 

or Governors for the time being, whereby a perfect accompt 
might be given. 

" XXVI. It is further concluded, accorded and agreed, by 
and between the said Parties, and His Majesty is graciously 
pleased, that for the preservation of the Peace, and tranquility 
of the Kingdom, that the said Lord Lieutenant, and the said 
Lord Viscount Mountgarret, &c. or any five or more of them, 
shall for the present, agree upon such persons who are to be 
authorized by Commission under the Great Seal, to be Com- 
missioners of the Peace, Oyer and Terminer, and Goal De- 
livery, in the several Counties, and parts of Counties, within 
the now quarters of the Con federate Catholicks, with such power 
as Justices of the Peace, Oyer and Terminer, and Goal De- 
livery, in former times of Peace, have usually had : which is 
not to extend unto any crime or offence, committed before the 
fifteenth of September, 1643. And to be qualified with power 
to hear and determine all civil causes coming before them not 
exceeding ten pounds ; provided that they shall not intermeddle 
with titles of lands ; provided likewise, the authority of such 
Commissioners shall not extend to question any person or per- 
sons, for any cattle or goods, heretofore taken by either Party, 
from the other, contrary to the Articles of Cessation, but that 
the same shall be left to be determined in such way as by these 
Articles is already prescribed, which Commissioners are to 
continue till settlement by Parliament Si tarn diu se bene gese- 
rifit ; and if any who shall be so intrusted, shall misbehave 
himself in the execution of such trust within that time, that 
then such other person or persons shall be appointed in his or 
their place, as shall be agreed on by his Majesties Chief Go- 
vernor or Governors for the time being, by the advice and con- 
sent of the said persons so to be intrusted, or any five or more 
of them, and the said Commissioners are to make their Estreats 
as accustomed in time of Peace, and shall lake the ensuing 
Oath, viz. You shall Swear, that as Justice of the Peace, Oyer 
and Terminer, and Goal Delivery, in the Counties of A. B. C. in 
all Articles of the King's Commission to you directed, you shall do 
*qual right to the Poor a7id to the Rich, after your cunning, wit 
and power, and after the Laws and Customs of the Realm, and in 
pursuance of these Articles ; and you shall not be of Council of any 
quarrel hanging before you ; and the Issues, Fines and Amercia- 
ments which shall happen to be made, and all Forfeitures which 
shall happen before you, you shall cause to be entered 'without any 
concealment, or imbezzling , and truly send to the King's Exchequer. 
You shall not lei for gift, or other cause, but icell and truly you 
shall do your Office of Justice of the Peace, Oyer and Terminer, 
and Goal Delivery in that behalf, and that you take nothing for 
your Office of Justice of Peace, Oyer and Terminer, and Goal Delive- 
ry to be done, but of the King, and Fees accustomed. And you shall 
not direct or cause to be directed, any Warrant by you to be made 
to the Parties, but you shall direct them to the Sheriffs and Bay- 



2S 

Iff* oft/.c said Counties respectively, or other the King's Officers *r 
Ministers, or other indifferent persons to do execution thereof, ^o 
help yon God. And that as well in the said Commission, as in 
all other Commissions and Authorities to be issued in pursu- 
ance of these present Articles, this clause shall be inserted, vrz, 
That all Officers, Civil and Marshall, shall be reqi.ired to be aid- 
ing and assisting, and obedient vnto the said Commissioners, and 
other persons to be authorised as above said in the execution of 
their respective poucrs. 

" XXVII. It is further concluded, accorded and agreed, by 
and betw een the said Parties, and His Majesty is further graci- 
ously pleased, that noneof the now Roman Catholick party shall 
from henceforth, until there be a settlement by Parliament, sue, 
implead, or arrest, or be sued, impleaded, or arrested "in any 
Court, place, judicature, or tribunal, or before any Judge, 
Justice, or Commissioner whatsoever, other than before the 
Commissioners aforesaid, or in the severeral Corporations, or 
other Judicatures, within the now quarters of the said Con- 
federate t Catholicks, as hath or have power derived from His 
Majesty. 

" XXVIII. It is further concluded, accorded and agreed, by 
and between the said Parties, and His Majesty is further gra- 
ciously pleased, that His Majesties Confederate Catholick Sub- 
jects do continue the possession of such of His Majesties Cities, 
Garrisons, Towns, Forts and Castles, which are within their 
now quarters, until settlement by Parliament, and to be com- 
manded, ruled and governed in chief, by such as his Majesty, 
or his Chief Governor or Governors of this Kingdom for the 
time being shall appoint ; and His Majesty, his Chief Govt rnor 
or Governors of this Kingdom as aforesaid, is to issue Commis- 
sions and appoint such person and persons as shall be named by 
his Majesties Chief Governor or Governors for the time being, 
by and with the advice and consent of the said Lord Viscount 
Mounttrarret, &c. or any five or more of them, for the execu- 
tion of "such command, rule, or government, to continue until 
all the particulars in these present Articles agreed on to pass 
in Parliament, shall be accordingly passed ; only in case of 
death, or misbehaviour, such other person or persons to be ap- 
pointed for the said command, rule and government, to Le 
named and appointed in the place, or places, of him, or them, 
who shall so die or misbehave themselves, as the Chief Gover- 
nor or Governors for the time being, by the advice and consent 
of the said Lord Viscount Mountgarret, and the rest of the 
above mentioned parties to be authorized as aforesaid, or any 
five or more of them shall think fit, and to be continued until 
settlement in Parliament, as aforesaid. 

" XXIX. It is further concluded, accorded and agreed, by 
and between the said Parties, and His Majesty is further gra- 
ciously pleased, that all Customs belonging to His Majesty, 



m 

Which from the perfection of these present Articles, shall fall 
due within this Kingdom, shall be payed into His Majesties 
Keceit, and to his use, any request, clause, or demand, in tbs 
Act of Oblivion, or in any other former propositions to the con- 
trary notwithstanding; provided that all and every person and 
persons, who are at the present intrusted within the now quarters 
of the Confederate Catholicks by them the said Confederate 
Catholicks in the entries, receits, collections, or otherwise con- 
cerning the said Customs, do continue their respective imploy- 
ments in the same, until full settlement in Parliament ; other 
than as to such, and so many of them, as to the Chief Gover- 
nor or Governors for the time being, by the advice and consent 
of the said Lord Viscount Mountgarret, and the other persons 
to be authorised as aforesaid, or any rive or more of them, shall 
be thonght fit to be altered : And then in such case, or in case of 
death or misbehaviour, or other alteration of any such person or 
persons, such other person or persons to be im ployed as shall 
be thought fit by the Chief Governor or Governors for the time 
being, by and with the advice and consent of the said Lord 
Viscount Moungarret, and the rest of the persons, to be au- 
thorised as aforesaid, or any five or more of them ; and as to His 
Majesties Rents to grow due at Easter next, and from thence- 
forth, the same to be payable unto His Majesty, notwithstand- 
ing any thing contained in the Article of the Act of Oblivion, 
or in any other Article to the contrary ; but the same not to be 
written for, or levied, until a full settlement in Parliament, as 
aforesaid. 

" XXX. It is further concluded, accorded, and agreed, by 
and between the said Parties, and His Majesty is further gra- 
ciously pleased, thai the Commissioners of Oyer and Terminer 
and Goal Delivery, to be named as aforesaid, shall have power 
to hear and determine all Murthers, Manslaughters, Rapes, 
Stealths, Burning of Houses, and Corn in Reek, or Stacks, 
Robberies, Burglaries, Forceable Entries, Detainers of Pos- 
sessions, and other Offences, committed, or done, and to be 
committed and done from the 15th of September, 1643, until 
the first day of the next Parliament : These present Articles, 
or any thing therein contained to the contrary notwithstanding ; 
provided that the authority of the said Commissioners shall not 
extend to question any person or persons, for doing or com- 
mitting any act whatsoever before the conclusion of this Treaty, 
by vertue or colour of any warrant or direction from those in 
publick authority among the Confederate Catholicks ; nor 
unto any act which shall be done after the perfecting and con- 
cluding of these Articles, by vertue or pretence of any autho- 
rity, which is now by these Articles agreed on; provided also 
the said Commission shall not continue longer than to the first 
day of the next Parliament. In witness whereof his Excellency 
the Marques of Ormond, Lord Lieutenant of Ireland, His 



30 



ft J «. h irTT/ *& part ° r these Anic]cs ™^- 

.r?i l . be said Richard Lord Viscount Mounfgarret, &c. 

these I" 1 L ° rd ViSC ° Unt *•«*«* ** to tlfat part of 
! t ^ l h i ; ema, ° ,n ff with the said Lord Lieutenant, have 

?^]i ^ n u S ™ d Sea,s ' at ^"^ *«■ 28lh <% of March, 
1646, and m the Two and Twentieth year of the Reign of our 
Sovereign, King Char/es, King- f Great Britain, France, and 
Ireland, &c. 



No. 6. 

Articles of Peace, made, concluded, accorded and 
agreed upon, by and between his Excellency James 
Lord Marquess of Ormonde, Lord Lieutenant 
General, and General Governor of His Majesty 9 s 
Kingdom of Ireland, for and on the behalf of 
His Most Excellent Majesty, by vertue of the 
Authority wherewith the said Lord Lieutenant is 
intrusted on the one part ; And the General 
Assembly of the Roman Catholicks of the said 
Kingdom, for and on the behaf of His Majesty's 
Roman Catholic /Subjects of the same, on the 
other part. 

(From Coxe's Ilibernia Anglicnna ; or, History of Ireland, Appendix XLIII, 
Page 148. Folio Edit. Loudon, 1692.) 

His Majesty's Roman Catholic Subjects, as thereunto bound by 
Allegiance, duty and nature , do most humbly and freely acknoicledge 
and recognize their Sovereign Lord King Charles to be lawful and 
undoubted King of this Kingdom of Ireland, and other his High- 
nesses Realms and Dominions, and his Majesty's said Roman 
Catholic Subjects, apprehending, icith a deep sense, the sad con- 
dition w hereunto his Majesty is reduced. As a further testimony 
of their loyalty do declare, that they and their posterity for ever, 
to the utmost of their power, even to the expence of their blood and 
fortunes, uill maintain and uphold his Majesty, his lauful Heirs 
and Successors, their Rights, Prerogatives, Government and Authori- 
ty, and thereunto freely and heartily will render all due obedience. 

Of rchich faithful and loyal recognition and declaration so 
seasonably made by the said Roman Catholicks ; His Majesty is 
graciously pleased to accept, and accordingly to own them his loyal 
and dutiful Subjects ; And is further graciously pleased to extend 
unto them the followiug Graces and Securities. 

"I. Imprimis. It is concluded, accorded, and agreed upon, 
by and between the said Lord Lieutenant, for and on the behalf 
of His Most Excellent Majesty, and the said General Assembly, 
for and on the behalf of the "said Roman Catholick Subjects, 
and His Majesty is graciously pteased, that it shall be enacted- 



31 

by Act to be passed in the next Parliament to be held in this 
Kingdom, that all and every the Professors of the Roman Ca- 
tholfck Religion within the said Kingdom, shall be free and 
exempt from all mulcts, penalties, restraints and inhibitions 
that are or may be imposed upon them by any law, statute,usage 
or custom whatsoever, for or concerning the free exercise of 
the Roman Catholick Religion : And that it shall be likewise 
enacted, that the said Roman Catholicks, or any of them shall 
not be questioned or molested in their persons, goods or 
estates, for any matter or cause whatsoever, for, concerning, 
or by reason of the free exercise of their Religion, by vertue of 
any power, authority, statute, law or usage whatsoever : And 
that it shall be further enacted, tliat no Roman Catholick in this 
Kingdom shall be compelled to exercise any Religion, Form of 
Devotion, or Divine Service, other than such as shall be agree- 
able to their Conscience, and that they shall not be prejudiced 
or molested in their persons, goods, or estates, for not observ- 
ing, using, or hearing the Book of Common Prayer, or any 
other Form of Devotion, or Divine Service, by vertue of any 
colour or statute made in the second year of Queen Elizabeth, 
or by vertue or colour of any other law, declaration of law, 
statute, custom, or usage whatsoever, made or declared, or to 
be made or declared : And that it shall be further enacted, 
that the Professors of the Roman Catholick Religion, or any 
of them be not bound or obliged to take the Oath, commonly 
called the Oath of Supremacy, expressed in the Stat, of 2 El. 
c. 1. or in any Statute or Statutes: And that the said Oath 
shall not be tendered unto them, and that the refusal of the 
said Oath shall not redound to the prejudice of them, or any 
of them, they taking the Oath of Allegiance, in hate verba, viz. 
J, A. B# do hereby acknowledge, profess, testijie, and declare in 
my conscience before God and the World, That our Sovereign Lord 
King Charles is Lawful and Rightful King of this Realm, and of 
other His Majesties Dominions and Countries ; and I will bear 
Faith and true Allegiance to His Majesty, and his Heirs and 
Successors, and him and them will defend to the tittermost of my 
power against all Conspiracies and Attempts whatsoever , which 
shall be made agamst his or their Crown and Dignity , and do my best 
endeavour to disclose and make known to his Majesty y His Heirs 
and Successors, or to the Lord Deputy, or other His ^.Majesties 
Chief Governor or Governors for the time being, all Treason or 
Trayierous Conspiracies, which I shall know or hear to be intended 
against his Majesty or any of them : And I do make this recognition 
and acknowledgment, heartily, willingly and truly, upon the true 
Faith of a Christian. — So help me God. — Nevertheless the said 
Lord Lieutenant doth not hereby intend that any thing in these 
Concessions contained, shall extend, or be construed to extend 
to the granting of Churches, Church-Livings, or the exercise of 
jurisdiction, the authority of the said Lord Lieutenant not ex? 
tending so far ; yet the said Lord Lieutenant is authorized to give 
the said Roman Catholicks full assurance as hereby the said 



32 

Lord Lieutenant doth give unto the said Roman Catholicks full 
assurance that they or any of them shall not be molested in the 
possession which they have at present of Churches and Church- 
Livings, or of the exercise of their respecitve jurisdictions, as 
they now exercise the same, until such time as His Majesty, 
upon a full consideration of the desires of the said Roman 
Catholicks, in a free Parliament to be held in this Kingdom, 
shall declare his further pleasure. 

"II. Item. — It is concluded, accorded and agreed upon, by 
and between the said Parties, and His Majesty is further 
graciously pleased, that a Free Parliament shall be held in this 
Kingdom, within six months after the date of these Articles of 
Peace, or as soon after as Thomas Lord Viscount Dillon, of 
Costologh, Lord President of Connaught, Donnogh Lord 
Viscount Muskerry, Francis Lord Baron of Athunry, Alex- 
ander Mac Donnel, Esquire, Sir Lucas Dillon, Knight, Sir 
Nicholas Plunket, Knight, Sir Richard Barnewal, Baronet, 
JerTery Browne, Donnogh O'Callaghan, Tyrlagh O'Neill, Miles 
Reilly, and Gerrald Fennel, Esquires, or the major part of 
them will desire the same, so that by possibility it may be held, 
and that in the mean time, and until the Articles of these pre- 
sents, agreed to be passed in Parliament, be accordingly pass- 
ed, the same shall be inviolably observed as to the matters there- 
unto contained, as if they were enacted in Parliament : And 
that in case a Parliament be not called and held in this King- 
dom within two years next after the date of these Articles of 
Peace, then His Majesties Lord Lieutenant, or other His Ma- 
jesties Chief Governor or Governors of this Kingdom for the 
time being, will, at the request of the said Thomas Lord 
Viscount Dillon, &c. or the major part of them, call a General 
Assembly of the Lords and Commons of this Kingdom, to at- 
tend upon the said Lord Lieutenant, or other His Majesties 
Chief Governor or Governors of thi3 Kingdom for the time be- 
ing, in some convenient place, for the better settling of the 
affairs of the Kingdom : And it is further concluded, accorded 
and agreed by and between the said Parties, that all matters 
that by these Articles are agreed upon to be passed in Par- 
liament, shall be transmitted into England, according to the 
usual form, to be passed in the said Parliament, and that the 
said Acts so agreed upon, and so to be passed, shall receive 
no disjunction or alteration here, or in England ; provided that 
nothing shall be concluded by both, or either of the said Houses 
of Parliament, which may bring prejudice to any of His 
Majesties Protestant Party, or their adherents, or to His Ma- 
jesties Roman Catholick Subjects, or their adherents, other 
than such things as upon this Treaty are concluded to be 
done, or such things as may be proper for the Committee 
of Priviledges of either or both Houses to take cognizance of, 
as in such cases heretore hath been accustomed, and other 
tban such matters as His Majesty will be graciously pleased to 



58 

declare his further pleasure in, to be passed in Parliament fcr 
the satisfaction of his subjects, and other than such things as 
shall be propounded to either or both Houses, by His Majesties 
Lord Lieutenant, or other Chief Governor or Governors of this 
Kingdom, for the time being, during the said Parliament, for 
the advancement of His Majesties Service and the peace of the 
Kingdom, which clause is to admit no construction which may 
trench upon the Articles of Peace, or any of them, and that 
both Houses of Parliament may consider what they shall 
think convenient touching the repeal or suspension of the Sta- 
tute commonly called Poyning's Act, entitled, An Act, That no 
Parliament be holden in that hand, until the Acts be certified into 
England. 

" III. Item. It is further concluded, accorded and agreed, upon 
by and between the said Parties, and his Majesty is graciously 
pleased, 1 hat all Acts, Ordinances, and Orders made by both 
or either Houses of Parliament, to the blemish of his honour, 
or the prejudice of His Majesties Roman Catholick Subjects of 
this Kingdom, or any of them, sithence the seventh of Augvst, 
1641, shall be vacated ; and that the same and all exemplifica- 
tions, and other Acts which continue the memory of them be 
made void, by Act to be passed in the next Parliament, to be 
held in this Kingdom, and that in the mean time, the said Acts 
or Ordinances, or any of them, shall be no prejudice to the said 
Roman Catholicks or any of them. 

"IV. Item, It is also concluded and agreed upon, and His 
Majesty is likewise graciously pleased, that all indictments, 
attainders, outlawries in this Kingdom, and all the processes 
and other proceedings thereupon, and all Letters Patents, 
Grants, Leases, Customs, Bonds, Reeognj^ances, and all Re- 
cords, Act or Acts, Office or Offices, Inquisitions, and all 
other things depending upon, or taken by reason of the said in- 
dictments, attainders, or outlawries, sithence the seventh day of 
Avgust, 1641, in prejudice of the said Catholicks, their Heirs, 
Executors, Administrators or Assigns, or any of them, or the 
widows of them, or any of them shall be vacated and made void 
in such sort as no memory shall remain thereof, to the blemish, 
dishonour, or prejudice of the said Catholicks, their Heirs, Exe- 
cutors, Administrators, or Assignees, or any of them, or the 
widows of them, or any of them ; and that to be done when the 
said Thomas Lord Viscount Dillon, &c. or the major part of 
them shall desire the same, so that by possibility it may be 
done, and in the mean time that no such indictments, attainders, 
outlawries, processes, or any other proceedings thereupon, or any 
letters patents, grants, leases, custodiams, bonds, recogni- 
zances, or any record or acts, office or offices, inquisitions, or 
any other thing depending upon, or by reason of the said in- 
dictments, attainders, or outlawries, shall in any sort prejudice 
the said Roman Catholicks, or any of them, but that they and 



34 

every of them shall be forthwith upon perfection of these Articles, 
restored to their respective possessions, and hereditaments re- 
spectively, provided that no man shall be questioned by reason 
hereof, for mesne rates, or wastes, saving wilful wastes com- 
mitted after the first day of May last past. 

" V. Item. It is likewise concluded, accorded, and agreed, 
and his Majesty is graciously pleased, that as soon as possible 
may be, all impediments which may hinder the said Roman 
Calholicks to sit or vole in the next intended Parliament, or to 
choose, or to be chosen Knights and Burgesses, to sit or to vote 
there, shall be removed, and that before the said Parliament. 

" VI. Item. It is concluded, accorded, and agreed upon, and 
His Majesty is further graciously pleased, that all debts shall 
remain as they were upon the twenty-third of October, 1641, 
notwithstanding any disposition made, or to be made, by ver- 
tue or colour of any attainder, oudawry, fugacy, or other for- 
feiture, and that no disposition or grant made, or to be 
made of any such debts, by vertue of any attainder, outlawry, 
fugacy, or other forfeiture shall be of force, and this to be 
passed as an Act in the next Parliament. 

"VII. Item. It is further concluded, accorded and agreed 
upon, and His Majesty is graciously pleased, that for the se- 
curing of the Estates or reputed Estates of the Lords, Knights, 
Gentlemen, and Free-holders, or reputed Free-holders as well of 
Connaght, and County of Clare, or Country of Thomond, as 
of the Counties of Limerick and Tipperary, the same be secured 
by Act of Parliament, according to the intent of the 25th Article 
of the Graces, granted in the fourth year of His Majesties 
Reign, the tenor whereof, for so much as concerneth the same, 
doth ensue in these words, viz. — We are graciously pleased, 
that for the inhabitants of Connaght, and Country of Thomond, 
and County of Clare, that their several Estates shall be con- 
firmed unto them, and their Heirs, against us and our Heirs 
and Successsors, by Act to be passed in the next Parliament to 
be holden in Ireland, to the end the same may never hereafter 
be brought into any further question, by Us, or our Heirs and 
Successors. In which Act of Parliament so to be passed, you 
are to take care, that all tenures in capite, and all Rents and 
Services, as are now due, or which ought to be answered unto 
us out of the said Lands and Premises, by any Letters Patents, 
past thereof, since the first year of King Henry the Eight, 
or found by any Office, taken from the said first year of 
King Henry the Eight, until the twenty-first of July, 1645, 
whereby our late dear father, or any his predecessors, actually 
received any profit, by wardship, liveries, primer-seisins, 
measne rates, ousterlemains, or fines of alienations with- 
out license, be again reserved unto us, our heirs and suc- 
cessors, and all the rest of these premises to be holden of our 
Castle of Athlone, by Knights service, according to our said 



35 

late fathers Letters, notwithstanding any tenures m capite found 
for us by office since the twenty-first of July, 1615, and not ap- 
pearing in any such Letters Patents, or Offices ; within which 
rule, His Majesty is likewise graciously pleased, that the said 
Lands in the Counties of Limerick and Tipperarie be included, 
but to be held by such rents and tenures only, as they were in 
the fourth year of His Majesties Reign, provided always that 
the said Lords, Knights, Gentlemen, and Freeholders of the 
said Province of Connaght, County of Clare, and Country of 
Thomond, and Counties of Tipperarie and Limerick, shall 
have and enjoy the full benefit of such composition ^nd agree- 
ment which shall be made with His Most Excellent Majesty, for 
the Court of Wards, Tenures, Respits, and issues of Homage, 
any clause in this Article to the contrary notwithstanding ; and 
as for the Lands within.the Counties of Kilkennie and Wickloe, 
unto which His Majestie was intituled by Offices, taken or 
found in the time of the Earl of Strafford's Government in this 
Kingdom. His Majesty is further graciously pleased that the 
state thereof shall be considered in the next intended Parlia- 
ment, where His Majesty will assent unto that which shall be 
just and honourable, and that the like Act of Limitation of His 
Majesties Titles, for the security of the Estates of his subjects 
of this Kingdom, be passed in the said Parliament as was en- 
acted in twenty-first year of His Late Majesty King James, his 
reign in England. 

"VIII. Item. It is further concluded, accorded and agreed 
upon, and His Majesty is further graciously pleased, that all 
incapacities imposed upon the Natives of this Kingdom, or 
any of them, as Natives, by any Act of Parliament, provisoes 
in Patents, or otherwise, be taken away by Act to be passed in 
the said Parliament ; and that they may be enabled to erect one 
or more Innes of Court in or near the City of Dublin, or else- 
where, as shall be thought fit by His Majesties Lord Lieute- 
nant, or other Chief Governour or Governours of this King- 
dom for the time being, and in case the said Innes of Court 
shall be erected before the first day of the next Parliament, then 
the same shall be in such place as His Majesties Lord Lieute- 
nant, or other Chief Governour or Governours of this King- 
dom for the time being, by and with the advice and consent of 
the said Thomas Lord Viscount Dillon, or any seven or more 
of them, shall think fit; and that such Students, natives of 
this Kingdom, as shall be therein, may take and receive the 
usual degrees accustomed in any Innes of Court ; they taking 
the insuing Oath, viz. : " I, A, B. do hereby acknowledge, pro- 
Jess , testi/ie, and declare in my conscience, before God and the 
World, thai our Sovereign Lord King Charles, is lawful and 
rightful King of this Realm, and of other his Majesties Do- 
minions and Countries ; and I will bear faith and true Allegiance 
to his Majesty, and his Heirs and Successors, and him and them 
will defend to the uttermost of my power, against all Conspiracies 



30 

nnd attempts whatsoever, which shali be made against his or their 1 
Crown and Dignity, and do my best endeavour to disclose and 
make known to his Majesty, his Heirs and Successors, or to the 
Lord Deputy or other his Majesties Chief Governour or Gover- 
nours, for the time being, all. Treasons or Traiterous Conspi- 
racies, which I shall know or hedr to be intended against his 
Majesty, or any of them. And I do m<ike this recognition and 
achwrvledgement heartily, willingly and truly, upon the true 
Faith of a Christian. So help me God," fyc* And his MaU 
jesty is further graciously pleased, that His Majesties Roman 
Catholick Subjects may erect and keapFree Schools for Educa- 
tion of Youths in this Kingdom, any law or statute to the con- 
trary notwithstanding ; and that all the matters assented unto in 
this Article be passed as Acts of Parliament in the said next 
Parliament. 

" IX. Item. It is further concluded, accorded, artd agreed 
upon, hy and between the said Parties, and His Majesty is 
graciously pleased, that Places of Command, Honour, Profit, 
and Trust, in His Majesties Armies in this Kingdom, shall be 
upon perfection of these Articles actually and by particular in- 
stances conferred upon his Roman Catholick Subjects of this 
Kingdom, and that upon the distribution conferring and dis- 
posing of the Places of Command, Honour, Profit, and Trust 
in His Majesties Armies in this Kingdom, for the future no 
difference shall be made between the said Roman Catholicks, 
and other His Majesties Subjects. But that such distribution 
shall be made with equal indifferency, according to their re- 
spective merits and abilities ; and that all His Majesties Sub- 
jects of this Kingdom, as well Roman Catholicks as others, 
may for His Majesties service, and their own security, arm 
themselves the best they may, wherein they shall have all fitting 
incouragement ; and it is further concluded, accorded and 
agreed upon, by and between the said Parties, and His Ma- 
jesty is further graciously pleased, that Places of Command, 
Honour, Profit, and Trust, in the Civil Government in this 
Kingdom, shall be upon passing of the Rills in these Articles 
mentioned in the next Parliament, actually and by particular 
instances conferred upon His Majesties Roman Catholick Sub- 
jects of this Kingdom, and that in the distribution, conferring, 
and disposal of the Places of Command, Honour, Profit and 
Trust, in the Civil Government for the future no difference 
shall be made between the said Roman Catholicks, and other 
His Majesties Suljects, but that such distribution shall be 
made with equal indifferences, according to their respective 
merits and abilities, and that in the distribution of Ministerial 
Offices or Places which now are, or hereafter shall be void in 
this Kingdom, equality shall be used to the Roman Catholick 
Natives of this Kingdom, as to others His Majesties Subjects ; 
and that the Command of Forts, Castles, Garrisons, Towns, 
&ml other places of importance in this Kingdom, shall be con- 



37 

fel-ted upon His Majesties Roman Cathblick Subjects of this* 
Kingdom upon perfection of these Articles actually and by 
particular instances, aud that in the distribution conferring 
and disposal of the Forts, Garrisons, Towns, and other places 
of importance in this Kingdom, no difference shall be made be- 
tween His Majesties Roman Catholick Subjects of this King- 
dom, and other His Majesties Subjects, but that such distribu- 
tion shall be made with equal indifferences, according to their 
respective merit3 and abilities, and that until full settlement in 
Parliament fifteen thousand Foot, and two thousand and five 
hundred Horse of the Roman Catholicks of this Kingdom 
shall be of the Standing Army of this Kingdom : And that 
until full settlement in Parliament as aforesaid, the said Lord 
Lieutenant, or other Chief Governour or Governours of this 
Kingdom for the time being, and the said Thomas Lord 
Viscount Dillon, &c. or any seven or more of them, shall di- 
minish or add unto the said number as they shall see cause 
from time to time. 

" X. Item. It is further concluded, accorded and agreed 
upon, by and between the said Parties, and His Majesty is 
further graciously pleased, that His Majesty will accept of the 
Yearly Rent, or Annual Sum of Twelve Thousand Pounds 
sterling, to he applotted with indifferency and equality, and 
consented to be paid to His Majesty, his Heirs and Successors 
in Parliament, for and in lieu of ihe Court of Wards in this 
Kingdom, Tenures in capite, Common Knights-Service, and 
all other Tenures within the cognizance of that Court, and for, 
and in lieu of all Wardships, Primer Seisins, Fines, Ouster- 
lemains, Liveries, Intrusions, Alienations, Mesne Rates, Re- 
leases, and all other Profits within the cognizance of the said 
Court, or incident to the said tenures, or any of them, or fines 
to accrew to His Majesty by reason of the said tenures, or any 
of them, and for and in lieu of respits and issues of homage, 
and fines for the same : And the said yearly rent being so ap- 
plotted and consented unto in Parliament as aforesaid, then a 
Bill is to be agreed on in the said Parliament to be passed as an 
Act for the securing of the said yearly rent, or annual sum of 
Twelve Thousand Pounds to be applotted as aforesaid, and for 
the extinction and taking away of the said Court, and other 
matters aforesaid in this Article contained. And it is further 
agreed, that reasonable compositions shall be accepted for 
Wardships fallen since the 23d of October, 1641, and already 
granted, and that no Wardships fallen and not granted, or that 
shall fall, shall be passed until the success of this Article shall 
appear; and if His Majesty be secured as aforesaid, then all 
Wardships fallen since the said 23d of October, are to be in- 
cluded in the agreement aforesaid, upon composition to be 
made with such as have grants as aforesaid, which composition 
to be made with the grantees since the time aforesaid, is to be 
left to indifferent persons, and the umpirage to the said Lord 
Lieutenant. 



38 

y. XI. Item. It is further concluded, accorded and agreed 
upon, by and between the said Parties, and His Majesty is 
further graciously pleased, that no Nobleman or Peer of this 
Realm in Parliament shall be hereafter capable of more proxies 
than two, and that blank proxies shall be hereafter totally dis- 
allowed ; and that if such Noblemen or Peers of this Realm as 
have no estates in this Kingdom do not within five years, to 
begin from the conclusion of these Articles, purchase in this 
Kingdom as followeth, viz. A Lord Baron, 2001. per annum — 
a Lord Viscount, 4001. per annum — and an Earl, 6001. per 
annum — a Marquess, 8001. per annum — a Duke, 10001. per 
annum — shall lose their votes in Parliament until such time as 
they shall afterwards acquire such estates respectively ; and 
that none be admitted in the House of Commons, but such as 
shall be estated, and resident within this Kingdom. 

" XTI. Hem. It is further concluded, accorded and agreed 
upon, by and between the said Parties, and His Majesty is 
further graciously pleased, that as for and concerning the in- 
dependency of the Parliament of Ireland, on die Parliament 
of England, his Majesty will leave both Houses of Parliament 
in this Kingdom to make declaration therein, as shall be agree- 
able lo the laws of the Kingdom of Ireland. 

"XIII. Item. It is further concluded and agreed upon, by 
and between the said Parties, and his Majesty is further graci- 
ously pleased, that the Council Table shall contain itself with- 
in its proper bounds in handling matters of state and weight fit 
for that place, amongst which the Patents of Plantation, and the 
Offices whereupon those Grants are founded lo be handled as 
matters of State, and to be heard and determined by his Ma- 
jesties Lord Lieutenant, or other Chief Governor or Governors 
for the time being, and the Council publickly at the Council- 
Board, and not otherwise, but Titles between party and party 
grown after these patents granted, are to be left to the ordinary 
course of Law, and that the Counsel-Table do not hereafter 
intermeddle with common business, that is within the cog- 
nizance of the ordinary Courts, nor with the altering of poss- 
essions of Lands, nor make, nor use private orders, hearings 
or references, concerning any such matter, nor grant any in- 
junction or order for stay of any suits in any civil cause ; and 
that parties grieved, for, or by reason of any proceedings for- 
merly had there, may commence their suits and prosecute the 
same in any of his Majesties Courts of Justice or Equity, for 
remedy of their pretended rights without any restraint or inters 
ruption from his Majesty, or otherwise by the Chief Governour 
or Governours, and Council of this Kingdom ; and that the 
proceedings in the respective Presidency Courts, shall be pur- 
suant, and according to his Majesties printed Book of Instruc- 
tions, and that they shall contain themselves within the limits 
prescribed by that" Book, when the Kingdom shall be restored 
to such a degree of quietness, as they be not necessarily en- 
forced to exceed the samc. ,, 



39 

" XIV. Item. It is further concluded, accorded and agreed 
upon, by and between the said parties, and his Majesty is fur- 
ther graciously pleased : That as for and concerning one Statute 
made in this Kingdom, in the Eleventh Year of the Reign of 
Queen Elizabeth, intituled an Act for staying of Wool, Flocks, 
Tallow, and other necessaries within this Realm ; and another 
Statute made in the said Kingdom, in the Twelfth Year of the 
Reign of the said Queen, intituled, an Act, &c. 

And one other Statute made in the said Kingdom, in the 
Thirteenth Year of the Reign of the said late Queen, intituled 
an Exemplanation of the Act made in a session of this Parlia- 
liament for the staying of Wool, Flocks, Tallow, and other 
wares and commodities mentioned in the said Act, and certain 
Articles added to the same Act, all concerning staple or native 
commodities of this Kingdom shall be repealed, if it shall be so 
thought fit in the Parliament, excepting for Wool and Woolfels 
and that such indifferent persons as shall be agreed on by the 
said Lord Lieutenant, and the said Thomas Lord Viscount 
Dillon, &c. or any seven or more of them shall be authorized 
by commission under the great Seal, to moderate and ascertain 
the rates of merchandize to be exported or imported out of, or 
into this Kingdom, as they shall think fit. 

" XV. Hem. It is concluded, accorded, and agreed, by and 
between the said parties, and his Majesty is graciously pleased, 
that all and every person and persons within this Kingdom, 
pretending to have suffered by offices found of several Coun- 
tries, Territories, Lands, and Hereditaments, in the Province of 
Ulster, and other Provinces of this Kingdom, in or since the 
first year of King James His Reign, or by attainders or for- 
feitures, or by pretence and colour thereof, since the said first 
year of King James, or by other Acts depending on the said 
offices, attainders and forfeitures, may petition His Majesty in 
Parliament for relief and redress ; and if after examination, it 
shall appear to His Majesty, the said persons, or any of them 
have been injured, then His Majesty will prescribe a course to 
repair the person or persons so suffering, according to justice 
and honour. 

" XVI. Item. It is further concluded, accorded and agreed 
upon, by and between the said Parties, and His Majesty is 
graciously pleased, that as to the particular cases of Maurice 
Lord Viscount De Rupe and Fermoy, &c. they may petition 
His Majesty in the next Parliament ; whereupon His Majesty 
will take such consideration of them as shall be just and 
fit. 

"XVII. Ite?n. It is likewise concluded, accorded and agreed 
upon, by and between the said Parties, and His Majesty is 
graciously pleased, that the Citizens, Freemen, Burgesses, 
and former Inhabitants of the City of Cork, Towns of Youghal 
and Dungarren, shall be forthwith, upon perfetion of these 



40 

Articles, restored to their respective possessions and estates 
in the said City and Towns respectively, where the same ex- 
tends not to the endangering of the said Garrisons in the said 
city and towns. In which case so many of the said citizens 
and inhabitants as shall not be admitted to the present posses- 
sion of their houses within the said city and towns, shall be 
afforded a valuable annual rent for the same until settlement in 
Parliament ; at which time they shall be restored to those their 
possessions. Aud it is further agreed, and His Majesty is 
graciously pleased, that the said Citizens, Freemen, Bur- 
gesses and Inhabitants of the said City of Cork and Towns of 
Youghal and Dungarven respectively shall be enabled in con- 
venient time before the next Parliament to be held in this King- 
dom, to chuse and return Burgesses into the same Parlia- 
ment. 

" XVIII. Item. Jt is further concluded, accorded and agreed 
upon, by and between the said Parties, and His Majesty' is 
further graciously pleased, that an Act of Oblivion be past in 
the next Parliament, to extend to all His Majesties Subjects of 
this Kingdom, and their adherents, of all Treasons and Of- 
fences, capital, criminal and personal, and other offences of 
what nature, kind, or quality soever, in such manner as if 
those Treasons or Oifences had never been committed, perpe- 
trated or done ; that the said Act do extend to the Heirs, 
Children, Kindred, Executors, Administrators, Wives, Widows, 
Dowagers, or Assigns, of such of the said Subjects and their 
Adherents, who died on, before, or siuce the 23d of October, 
16 41. That the said Act do relate to the first day of the next 
Parliament, that the said Act do extend in all bodies Politick, 
and Corporate, and their respective Successors, and unto all 
Cities, Boroughs, Counties, Baronies, Hundreds, Towns, Vil- 
lages, Tithings, and every of them within this Kingdom for 
and concerning all and every of the said offences, or any other 
offence or offences, in them, or any of them committed, or done 
by his Majesties said Subjects or their Adherents, or any of 
them, before, in or since the 23d of October, 1641, provided 
this Act shall not extend to be construed to pardon any offence 
or offences, for which any person or persons have been convicted 
or attainted of Record at any time before the 23rd of October, 
in the Year of our Lord, 164 1. That this Act shall extend to 
Piracies, and all other offences committed upon the sea by his 
Majesties said Subjects, or their Adherents, or any of them, 
That in this Act of oblivion, words of release, acquittal and 
discharge be inserted, that no person or persons, Bodies Politick, 
or Corporate, Counties, Cities, Borroughs, Baronies, Hun- 
dreds, Towns, Villages, Tithings, or any of them within this 
Kingdom, included within the said Act, be troubled, im- 
peached, sued, inquieted, or molested, for, or by reason of any 
offence, matter or thing whatsoever, comprised within the said 



41 

Act, and the. said Act shall extend to all Rents, Goods, and Chat- 
tels taken, detained, or grown due to the Subjects of the one party 
from the other, since the 23d of October, 1641, to the date of 
these Articles of Peace ; and also to all Customs, Rents, Ar- 
rears of Rents, Prizes, Recognizances, Bonds, Fines, Forfei- 
tures, Penalties, and to all other Profits, Perquisites, and Dues 
which were due, or did, or should accrue to his Majesty on, 
before, or since the 23d October, 1641, until the perfection of 
these Articles, and likewise to all Mesne Rates, Fines of what 
nature soever, Recognizances, Judgments, Executions there- 
upon, and Penalties whatsoever, and to all other Profits due to 
his Majesty since the said 23d of October, and before, until the 
perfection of these Articles, for, by reason, or which lay within 
the survey or cognizance of the Court of Wards ; and also to 
all Respits, Issues of Homage, and Fines for the same, provid- 
ed this shall not extend to discharge or remit any of the 
King's Debts, or Subsidies due before the said 23d of October, 
1641, which were then or before levied or taken by the Sheriffs, 
Commissioners, Receivers, or Collectors, and not then or before 
accounted for, or since disposed to the Publick use of the said 
Roman Catholick Subjects, but that such persons may be brought 
to account for the same after full settlement in Parliament and 
not before, unless by and with the advice and consent of the said 
Thomas Lord Viscount Dillon, &c. or any seven or more of them, 
as the said Lord Lieutenant otherwise shall think fit, provided that 
such barbarous and inhuman crimes as shall be particularized and 
agreed upon by the said Lord Lieutenant, and the said Thomas 
Lord Viscount Dillon, &c. or any seven or more of them ; as 
to the actors and procurers thereof, be left to be tried and ad- 
judged by such indifferent Commissioners as shall be agreed 
upon by the said Lord Lieutenant, and the said Thomas Lord 
Viscount Dillon, &c. or any seven or more of them ; and that 
the power of said Commissioners shall continue only for two 
years next ensuing the date of their Commission, which Com- 
mission is to issue within six months after the date of these Ar- 
ticles, provided also, that the Commissioners to be agreed on 
for the trial of the said particular crimes to be excepted, shall 
hear, order and determine all cases of trust, where relief may 
or ought in equity to be afforded against all manner of persons, 
according to the equity and circumstances of every such cases, 
and his Majestie's Chief Governor or Governors, and other Ma- 
gistrates for the time being, in all his Majestic* s Courts of 
Justice, and other his Majestie's Officers, of what condition or 
quality soever, be bound and required to take notice of, and 
pursue the Slid Act of Oblivion without pleading or suit to be 
made for the same, and that no Clerk or other Officers do make 
out, or write out any manner of Writs, Processes, Summons, 
or other Precept, for, concerning, or by reason of any manner, 
cause or thing whatsoever released, forgiven, discharged, or to 
be forgiven by ihe said Act, under pain of *£20. sterling. And 

F 



42 

that no Sheriff or other Officer, do execute any such Writ, 
Process, Summons, or Precept ; and that no record, writing, 
or memory, do remain of any offence or dffences, released or 
forgiven, or mentioned to be forgiven by this Act ; and that all 
other clauses usually inserted in Acts of general pardon or ob- 
livion, enlarging His Majestic' s Grace and Mercy, not herein 
particularized, be inserted and comprised in the said Act when 
the Bill shall be drawn up with the exceptions already express- 
ed and none other, provided always that the said Act of Obli- 
vion shall not extend to any treason, felony, or other offence or 
offences which shall be committed or done from or after the date 
of these Articles, until the first day of the beforementioned next 
Parliament, to be held in this Kingdom ; provided also, that 
any Act or Acts, which shall be done by vertue, pretence, or 
in pursuance of these Articles of Peace agreed upon, or 
any Act or Acts, which shall be done by vertue, colour, or 
pretence of the power, or authority used, or exercised by and 
amongst the Confederate Roman Catholicks after the date 
of the said Articles, and before the said publication, shall not be 
accounted, taken, or construed, or to be treason, felony, or 
other offence to be excepted out of the said Act of Oblivion ; 
provided likewise that the said Act of Oblivion shall not ex- 
tend unto any person or persons that will not obey and submit 
unto the peace concluded and agreed on by these Articles ; pro- 
vided further that the said Act of Oblivion, or any thing in this 
Article contained, shall not hinder or interrupt the said Thomas 
Lord Viscount Dillon, &c. or any seven or more of them, to 
call to account, and proceed against the Council and Con- 
gregation, and the respective Supream Councils, Commissioners 
General, appointed hitherto from time to time, by the Confede- 
rate Catholicks to manage their affairs, or any other personor 
persons accomptable to an accompt, for their respective re- 
ceipts and disbursments, since the beginning of their respective 
imployments under the said Confederate Catholicks, or to ac- 
quit or release any arrears of Excises, Customs, or Public 
Taxes, to be accounted for, since the 23d of October, 1641, and 
not disposed of hitherto, to the public use, but that the parties 
therein concerned may be called to an account for the same as 
aforesaid, by the said Thomas Lord Viscount Dillon, &c. or 
any seven or more of them, the said Act, or any thing therein 
contained to the contrary notwithstanding. 

" XIX. Hem. It is further concluded, accorded and agreed 
upon, by and between the said Parties, and His Majesty is 
graciously pleased, that an Act be passed in the next Parlia- 
ment, prohibiting that neither the Lord Deputy, or other 
Chief Governor or Governors, Lord Chancellor, Lord High 
Treasurer, Vice- Treasurer, Chancellor, any of the Barons of 
the Exchequer, Privy-Council, or Judges of the Four Courts, 
be Farm&rs of his Majestie's Customs within this Kingdom. 



4:J 

" XX. Item, It is likewise concluded, accorded and agreed, 
and his Majesty is graciously pleased, that an Act of Parliament 
pass in this kingdom against Monopolies, such as was enacted 
in England, 21 Jacobi Regis, with a further clause of repeal- 
ing of all grants of monopolies in this Kingdom, and that Com- 
missioners be agreed upon by the said Lord Lieutenant, and 
the said Thomas Lord Viscount Dillon, &c. or any seven or 
more of them, to set down the rates for the Custom and Impo- 
sition to be laid on Aquavitce, Wine, Que, Yarn and Tobacco. 

"XXI. Item. It is concluded, accorded and agreed, and His 
Majesty is graciously pleased, that such persons as shall be 
agreed on by the said Lord Lieutenant, and the said Thomas 
Lord Viscount Dillon, &c. or any seven or more of them, shall 
be (as soon as may be) authorized by Commission under the 
Great Seal, to regulate the Court of Castle Chamber, and such 
causes as shall be brought into, and censured in the said 
Court. 

"XXII. Item. It is concluded, accorded, and agreed upon, 
and His Majesty is graciously pleased, that two Acts lately 
passed in this Kingdom, one prohibiting the Plowing with 
Horses by the Tail, and the other prohibiting the burning of 
Oats in the Straw, be repealed. 

'• XXIII. Item. It is further concluded, accorded, and agreed 
upon, by and between the said Parties, and His Majesty is 
further graciously pleased, for as much as upon application of 
Agents from this Kingdom unto His Majesty in the fourth year 
of his Reign, and lately upon humble suit made unto His Ma- 
jesty, by a Committee of both Houses of Parliament of this 
Kingdom, order was given by His Majesty, for redress of se- 
veral grievances, and for so many of those as are not expressed 
in the Articles, whereof both Houses in the next ensuing Par- 
liament, shall desire the benefit of His Majestie's said former di- 
rections for redress therein, that the same be afforded them, yet 
so, as for prevention of in conveniences to His Majestie's Service, 
that the warning mentioned in the the 24th Article of the 
Graces in the fourth year of his Majestie's Reign be so under- 
stood, that the warning being left at the persons dwelling houses 
be held sufficient warning, and as to the 22d Article of the 
said Graces, the Process hitherto used in the Court of Wards do 
still continue, as hitherto it hath done in that, and hath been 
used in other English Courts, but the Court of Wards being 
compounded for, so much of the aforesaid answer as concerns 
warning and process shall be omitted. 

" XXIV. Item. It is further concluded, accorded and agreed 
upon, by and between the said Parties, and His Majesty is 
further graciously pleased, that Maratime Causes may be deter- 
mined in this Kingdom, without driving of Merchants or others 



44 

to appeal and seek justice elsewhere; and if it shall fall out 
that there be cause of an appeal, the party grieved is to appeal 
to His Majesty in the Chancery of Ireland, and the sentence 
thereupon to be given by the Delegates, to be definitive and 
not to be questioned upon any further appeal, except it be in 
the Parliament of this Kingdom, if the Parliament shall then 
be sitting, otherwise not ; this to be by Act of Parliament : and 
until the said Parliament, the Admirality and Maratime causes 
shall be ordered, and settled by the said Lord Lieutenant, or 
other Chief Governor or Governors of this Kingdom for the 
time being, by and with the advice and consent of the said 
Thomas Lord Viscount Dillon, &c. or any seven or more of 
them. 

"XXV. Item. It is further concluded, accorded and agreed 
tipon, by and between the said Parties, and his Majesty is graci- 
ously pleased, that his Majestie's Subjects of this Kingdom be 
eased of all Rents and increase of Rents lately raised on the 
Commission of defective Titles in the Earl of Strafford's Govern- 
ment, this to be by Act of Parliament ; and that in the mean- 
time the said Rents or increase of Rents shall not be written 
for, by any Process, or the payment thereof in any sort pro- 
cured. 

" XXVL Item. It is further concluded, accorded and agreed 
upon, by and between the said Parties, and His Majesty is 
further graciously pleased, that by Act to be passed in the 
next Parliament, all the arrears of Interest Mony, which did 
accrue and grow due by way of debt, mortgage or otherwise, 
and yet not satisfied since the 23d. October, 1641, until the per- 
fection of these Articles, shall be fully forgiven and be re- 
leased, and that for and during the space of three years next 
ensuing, no more shall be taken for use or interest of mony 
than five pounds per cen turn. And in cases of Equity arising 
through disability, occasioned by the distempers of the times, 
the considerations of Equity to be alike unto both parties ; but 
as for mortgages contracted betwen His Majestie's Roman Ca- 
tholick Subjects, and others of that Party, where entry hath been 
made by the mortgagers against Law, and the condition of their 
mortgages, and detained wrongfully by them without giving 
any satisfaction to the mortgagees, or where any such mortgagers 
have made profit of the Lands mortgpged above country charges, 
yet answer no rent, or other consideration to the mortgagees, 
the parties grieved respectively, to be left for relief to a course 
of equity therein. 

" XXVII. Item. It is further concluded, accorded and agreed 
upon, and his Majesty is further graciously pleased, that im- 
mediately upon perfection of these Article?, the said Thomas 
Lord Viscount Dillon, &c. shall be authorised by the said Lord 
Lieutenant to proceed in, hear, determine and execute in and 
throughout this Kingdom the ensuing particulars, and all the 



45 

Matters thereupon deperitTTng, and that sucb authority, and 
other the authorities hereafter mentioned shall remain of force 
without revocation, alteration or diminution, until Acts of 
Parliament be passed, according to the purport and intent of 
these Articles, and that in case of death, miscarriage, dis- 
ability to serve, by reason of sickness or otherwise, of any the 
said Thomas Lord Viscount Dillon, &c. His Majestie's Lord 
Lieutenant, or other Chief Governour or Governours of this 
Kingdom for the time being, shall name and authorize another 
in the place of such as shall be so dead, or shall miscarry him- 
self, or be so disabled, and that the same shall be such person 
as shall be allowed of by the said Thomas Lord Viscount 
Dillon, &c. or any seven or more of them then living. And 
that the said Thomas Lord Viscount Dillon, &c. or any seven 
or more of them shall have power to applot, raise, and levy 
means with indirTerency and equality by way of Excise, or 
otherwise, upon all His Majestie's Subjects within the said 
Kingdom, their persons, estates and goods, towards the main- 
tenance of such Army or Armies, as shall be thought fit to 
continue, and be in pay for his Majestie's Service, the defence 
of the Kingdom, and other the necessary publick charges 
thereof, and towards the maintenance of the Forts, Castles, 
Garrisons and Towns of both, cr either party, other than such 
of the said Forts, Garrisons, and Castles, as from time to 
time, until there shall be a settlement in Parliament shall be 
thought fit, by His Majestie's Chief Governour or Governours 
of this Kingdom for the time being, by and with the advice and 
consent of the said Thomas Lord Viscount Dillon, &c. or any 
seven or more of them, not to be maintained at the charge of 
the publick, provided that His Majestie's Lord Lieutenant, or 
other Chief Governour or Governours of this Kingdom for the 
time being, be first made acquainted with such Taxes, Levies, 
and Excises as shall be made, and the manner of levying thereof, 
and that he approve the same ; and that to the end that such 
of the Protestant party as shall submit to the peace, may in the 
several counties where any of their estates lieth, have equality 
and indirTerency in the assessments and levies that shall con- 
cern their estates in the said several counties. 

" It is concluded, accorded and agreed upon, and His Ma- 
jesty is graciously pleased, that in the directions which shall 
issue to any such county, for the applotting, subdividing, and 
levying of the said publick assessments, some of the said Pro- 
testant party shall be joyned with others of the Roman Ca- 
tholick party to that purpose, and for effecting that service ; 
and the said Thomas Lord Viscount Dillon, &c. or any seven 
or more of them shall have power to levy the arrears of all 
excises, and other publick taxes imposed by the Confederate 
Roman Catholicks, and yet unpaid, and to all receivers and 
other accomptants of all former taxes, and all publick dues, 
to a just and strict account either by themselves, or by such as 
they or any seven or more of them shall name or appoint ; and 



46 

that the said Lord Lieutenant, or anv other Chief Governour or 
Governours of this Kingdom for the'time being, shall from time 
to time issue Commissions to such person and persons as shall 
be named and appointed by the said Thomas Lord Viscount 
Dillon, &c. or any seven or more of them, for letting, selting 
and improving the estates of all such person or persons as 
shall adhere to any party opposing His Majesties authority, 
and not submitting to the peace, and that the profits of such 
estates shall be converted by the said Lord Lieutenant, or other 
Chief Governour or Governours of this Kingdom for the time 
being, to the maintenance of the King's Army, and other ne- 
cessary charges, until settlement by Parliament; and that the 
said Thomas Lord Viscount Dillon* &c. or any seven or more 
of them, shall have power to applot, raise, and ievy means with 
indifferency and equality, for the buying of Arms and Ammu- 
nition, and for the entertaining of Frigats, in such proportion 
as shall be thought fit by His Majestie's Lord Lieutenant, 
or other Chief Governours of this Kingdom for the time 
being, by and with the advice and consent of the said 
Thomas Lord Viscount Dillon, &c. or any seven or more of 
them, the said Arms and Ammunition to be laid up in such 
Magazines, and under the charge of such persons as shall be 
agreed on by the said Lord Lieutenant, and the said Thomas 
Lord Viscount Dillon, &c. or any seven or more, of them and to 
be disposed of, and the said Frigats to be imployed for His Ma- 
jestie's service, and the publick use and benefit of this Kingdom 
of Ireland ; and that the said Thomas Lord Viscount Dillon, &c. 
or any seven or more of them, shall have power to applot, raise 
and levy means with indiflferency and equality, by way of Ex- 
cise or otherwise, in the several Cities, Corporate Towns, 
Counties, and part of the Counties, now within the quarters, 
and only upon the estates of the said Confederate Roman Ca- 
tholicks, all such sum and sums of money as shall appear to the 
said Thomas Lord Viscount Dillon, &c. or any seven or more 
of them, to be really due for and in the discharge of the pub- 
lick ingagements of the said Confederate Catholicks, incurred 
or grown due before the conclusion of these Articles ; and that 
the said Thomas Lord Viscount Dillon, &c. or any seven or 
more of them, shall be authorized to appoint receivers, col- 
lectors, and all other officers, for such monies as shall be as- 
sessed, taxed or applotted, in pursuance of the authorities 
mentioned in this Article, and for the arrears of all former ap- 
plotments, taxes, and other publick dues yet unpaid ; and that 
the said Thomas Lord Viscount Dillon, &c. or any seven or 
more of them, in case of refractoriness, or delinquency, may 
distrain and imprison, and cause such delinquents to be dis- 
trained and imprisoned And the said Thomas Lord Viscount 
Dillon, &c. or any seven or more of them, make perfect books 
of all such monies as shall be applotted, raised, or levied, out 
of which books they are to make several and respective abstracts, 
to be delivered under their hands, or the hands of any seven 



or more of Vhem, to the several and respective^ collector*, 
which shall be appointed to levy and receive the same. And 
that a duplicate of the said books, Cinder the hands of the said 
Thomas Lord Viscount Dillon, &c. or any seven or more of 
them, be delivered unto His M'ajes tie's Lord Lieutenant, or 
other Chief Governour or Governours of this Kingdom for the 
time bein<r, whereby a perfect account may be given ; and that 
the said Thomas Lord Viscount Dillon, &c. or any seven or 
more of then',, shall have power to call the Council and Congre- 
gation, and the respective Supreme Councels, and Commis- 
sioners General, appointed nitherlo from time to time by the 
said Confederate Roman Catholicks, to manage their publick 
affairs, and all other persons accountable, to an account for 
all their receipts and disbursements since the beginning of their 
respective imployments, under the Confederate Roman Ca- 
tholicks. 

'f XXVIII. Item. It is concluded, accorded, and agreed, by 
and between the said Parties, and his Majesty is graciously 
pleased, that for the preservation of the peace and tranquility 
of the Kingdom, the said Lord Lieutenant, and the said Thomas 
Lord Viscount Diilon, &c. or any seven or more of them, shall 
for the present agree upon such persons who are to be autho- 
rized by Commission under the Great Seal to be Commissioners 
of the Peace, Oyer and Terminer, Assizes and Goal Delivery, 
in, and throughout the Kingdom, to continue during pleasure, 
with such powers as Justices of the Peace, Oyer and Terminer, 
Assizes and Goal Delivery in former time of Peace, have usu- 
ally had, which is not to extend unto any Crime or Offence com- 
mitted before the first day of May last past, and to be qualified 
with power to hear and determine all Civil Causes coming before 
them, not exceeding Ten Pounds : Provided that thev shall 
not intermeddle with Titles of Lands; Provided likewise the 
authority of such Commissioners shall not extend to question 
any Person or Persons, for any Shipping, Cattle or Goods 
heretofore taken by either party from the other, or other injuries 
done contrary to the Articles of Cessation, concluded by and 
with the said Roman Catholick Party, in, or since May last, 
but that the same shall be determined by such indifferent per- 
sons as the Lord Lieutenant, by the advice and consent of the 
said Thomas Lord Viscount Dillon, &c. or any seven or more 
of them shall think fit, to the end, that speedy and equal jus- 
tice may be done to all parties grieved ; And the said Commis- 
sioners are to make their Estreats as accustomed of Peace, 
and shall take the ensuing Oath, viz. You shall Swear; that 
as Justice of the Peace, Oyer and Terminer, Asizes, and Goal 
Delivery, in the Counties of A. B. in all Articles of the Com- 
mission to you directed, you shall do equal right to the Poor 
and to the Rich, after your Cunning, and Wit, and Power, 
and after the Laws and Customs of the Realm, and in pur- 
suance of these Articles : and you shall not be of Councel of 



48 

any Quarrel hanging before you ; and the Issues, Fines, and 
Amercements which shall happen to be made, and all Forfei- 
tures which shall happen before you, you shall cause to be 
entred without any concealment or imbezling, and sent to the 
Court of Exchequer, or to such other place as his Majestie's 
TiOrd Lieutenant, or other Chief Governor or Governors of this 
Kingdom shall appoint, until there may be access unto the 
said Court of Exchequer; You shall not let for gift or other 
cause, but well and truly, you shall do your office of Justice 
of the Peace, Oyer and Terminer, Assizes and Goal Delivery 
in that behalf; and that you take nothing for your office of 
Justice of the Peace, Oyer and Terminer, Assizes, and Goal 
Delivery to be done, but of the King, and Fees accustomed : 
and you shall net direct, or cause to be directed any Warrant 
by you, to be made to the parties, but you shall direct them to 
the Sheriffs and Bayliffs of the said Counties respectively, or 
other the King's Officers or Ministers, or other indifferent per- 
sons to do execution thereof, so help me God, &c. And that 
as well in the said Commission, as in all other Commissions 
and Authorities to be issued in pursuance of the present Arti- 
cles, this Clause shall be inserted, viz. That all Officers, Civil 
and Martial, shall be required to be aiding and assisting and 
obedient unto the said Commissioners, and other persons to be 
authorized as abovesaid in the execution of their respective 
powers. 

" XXIX. I/em. It is further concluded, accorded and agreed 
upon, by and between the said Parties, and his Majesty is 
further graciously pleased, that his Majestie's Roman Catholick 
Subjects, do continue the possession of such of his Majestie's 
Cities, Garrisons, Towns, Forts, and Castles, which are within 
their now quarters, until Settlement by Parliament, and to be 
commanded, ruled, and governed in chief, upon ©ccasion of 
Vw ''•' (as to to the martial and military affairs) by such as 
ff- Ce \I ll 'egtv o " h ' s Chief Governour or Governours of this King- 
dom! for the time be;."?- shall appoint; and the said appoint- 
men to be by and with the ;>"* * Dd consent of the said Thomas 
Lord Viscount Dillon, &c. or an ,- seven or more of them, and H>s 
Majestie's Chief Governor or Governors is to issue commissions 
accordingly, to such persons as shall be so named and appoint- 
ed as aforesaid, for the executing of such command, rule, or 
government to continue until all the particulars in these present 
Articles agreed on, to pass in Parliament shall be accordingly 
passed, only in case of death, or misbehavjour, such other 
person or persons to be appointed for the said command, rule 
SSd government to be named and appointed in the place 
or places of him or them, who shall so dye, or nnsbehave 
themselves as the Chief Governour or Governours for the time 
bein- by the advice and consent of the said Thomas Lord ^Vis- 
count Dillon, &c. or any seven or more of them, shall think 
fit and to be continued until a settlement in Parliament as 
aforesaid. 



49 

"XXX. Item. It is further concluded, accorded and agreed 
upon, by and between the said Parties, and His Majesty is fur- 
ther graciously pleased that all Customs and Tenths of Prizes 
belonging to His Majesty, which from the perfection of these 
Articles, shall fall due within this Kingdom, shall be paid unto 
His Majestie's Receipt, or until recourse may be had thereunto 
in the ordinary legal way, unto such person or persons, and in 
such place or places, and under such controuls as the Lord 
Lieutenant shall appoint to be disposed of, in order to the de- 
fence and safety of the Kingdom, and the defraying of other 
the necessary publick charges thereof, for the ease of the sub- 
jects in other their levies, charges and applotments. And that 
all, and every person or persons who are at present intrusted 
and employed by the said Roman Catholicks, in the en- 
tries, receipts, collections, or otherwise, concerning the said 
customs and tenths of prizes do continue their respective 
employments in the same, until full settlement in Parliament, 
accountable to His Majestie's Receipts, or until recourse may 
be had thereunto; as the said Lord Lieutenant shall appoint as 
aforesaid, other than to such, and so many of them, as to the 
Chief Governor or Governors for the time being, by and with 
the advice and consent of the said Thomas Lord Viscount 
Dillon, &c. or any seven or more of them, shall be thought 
fit to be altered, and then and in such case, or in case of 
death, fraud or misbehaviour, or other alteration of any such 
person or persons, than such other person or persons to be 
employed therein, as shall be thought fit, by the Chief Governor 
or Governors for the time being, by, and with the advice and 
consent of the said Thomas Lord Viscount Dillon, &c. or any 
seven or more of them ; And when it shall appear, that any 
person or persons who shall be found faithful to his Majesty, 
hath right to any of the offices or places about the said Customs, 
whereunto he or they may not be admitted until settlement in 
Parliament, as aforesaid, that a reasonable compensation 
shall be afforded to such person or persons for the same. 

" XXXI. Item. As for, and concerning His Majestie's Rents, 
payable at Easter next, and from thenceforth to grow due, un- 
til a settlement in Parliament, it is concluded, accorded and 
agreed upon, by and between the said Partie, and His Ma-, 
jesty is graciously pleased, that the said rents be not written 
for, or levied, until a full settlement in Parliament, and in due 
time upon application to be made to the said Lord Lieutenant, 
or other Chief Governor or Governors of this Kingdom, by the 
said Thomas Lord Viscount Dillon, &c. or any seven or more 
of them, for remittal of those rents, the said Lord Lieutenant, 
or any other Chief Governor or Governors of this Kingdom for 
the time being, shall intimate their desires, and the reason 
thereof to His Majesty, who, upon consideration of the present 
condition of this Kingdom, will declare his gracious pleasure 
therein, as shall be just and honourable, and satisfactory to the 
reasonable desires of his subjects. 

"XXXII. Item, It is concluded, accorded and agreed, by 

G 



50 

and between the said Parties, and His Majesty is eraciouslv 
pleased, that the Commissioners of Oyer and Terminer, and 
Goal Delivery, lo be named as aforesaid, shall have power to 
hear and determine all Murders, Man-slaughters, Rapes, 
stealths Burning of Houses and Corn in Rick or Stack, Rob- 
beries Burglaries, Forcible Enterics, Detainers of Possessions 
and other offences committed or done, and to be committed and 
done since the first day of May last past, until the first day of 
the next Parliament, these present Articles, or any thing there- 
in contained to the contrary notwithstanding; provided that the 
authority of the said Commissioners shall not extend to question 
any person or persons for doing or committing any Act what- 
soever, before the conclusion of this treaty, by vertue or colour 
of any warrant or direction from those in publick authority 
among the Confederate Roman Catholicks, nor unto any act 
which shall be done after the perfecting and concluding of these 
Articles, by vertue or pretence of any authority which is now by 
these Articles agreed on ; provided also that the said Commis- 
sion shall not continue longer than the first day of the next 
Parliament. 

94 XXXTII. Item. It is concluded, ordered and agreed, by and 
between the said Parlies, and His Majesty is further gracious- 
ly pleased, that for the determining such differences which may- 
arise between His Majestie's subjects within this Kingdom, and 
the prevention of inconvenience and disquiet, which through 
want of due remedy in several causes may happen, there shall 
be Judicatures established in this Kingdom, and that the per- 
sons to be authorized in them, shall have power to do all 
such things as shall be proper and necessary for them to do; 
and the said Lord Lieutenant, by and with the advice and con- 
sent of the said Thomas Lord Viscount Dillon, &c. or any seven 
or more of them, shall name the said persons so to be author- 
ized, and to do all other things incident unto, and necessary for 
the settling of the said intended Judicatures. 

" XXXIV. Item. At the instance, humble suit, and earnest 
desire of the General Assembly of the Confederate Roman 
Catholicks, it is concluded, accorded, and agreed upon, That 
the Roman Catholic Regular Clergy of this Kingdom, behav- 
ing themselves conformable to these Articles of Peace, shall 
not be molested in the possessions which at present they have of 
and in the Bodies, Sites and Precincts of such Abbies and 
Monasteries belonging to any Roman Catholick within the said 
Kingdom, until settlement by Parliament $ and that the said 
Clergy shall not be molested in the enjoying of such Pensions 
as hitherto since the Wars they enjoyed for their respective 
livelihoods from the said Roman Catholicks, and the Sites and 
Precincts hereby intended, are declared to be the Body of the 
Abbey, one Garden and Orchard to each Abbey, if any there 
be, and what else is contained within the Walls, Mears, «r 
Ancient Fences, or Bitch that doth supply the Wall thereof, 
and no more. 



51 

u XXXV. Kern. It is concluded, accorded, and agreed, by 
and between the said Parties, that as to all other demands of 
the said Roman Catholicks, for, or concerning all or any the 
matters proposed by them, not granted or assented unto, in, 
and by the foresaid Articles, the said Roman Catholicks be 
referred to his Majestie's gracious favour, and further Conces- 
sions. In witness whereof, the said Lord Lieutenant, for, and 
on the behalf of his Most Excellent Majesty, to the one part 
of these Articles remaining with the said Roman Catholicks, 
hath put his Hand and Seal : And Sir Richard Blake, Knight, 
in the Chair of the General Assembly of the said Roman 
Catholicks, by order, command, and unanimous consent of 
the said Catholicks in full Assembly, to the other part thereof, 
remaining with the said Lord Lieutenant, hath put his Hand 
and the Publick Seal hitherto used by the said Roman Catho- 
licks, January 17, 1648, and in the 24th Year of the Reign of 
our Sovereign Lord Charles, by the <rrace of God, King of 
Great -Britain, France, and Ireland, &c. 



No. 7. 

Order of House of Commons for taking Oath of 
Supremacy, 21 June, 1642. 

(Commons Journals, v. 1, p. 298.) 

IT is on the considerations aforesaid ordered and ordained, 
that any person that hereto/ore hath been elected, and now is a 
Knight, Citizen or Burgess for this present Parliament, and 
now present, shall be no longer deemed a Member cf this House, 
or have any voice therein, unless he shall forthwith openly in 
this House, accept and fake the Oath expressed and set forth 
in one Act made in this Kingdom, in the second year of Queen 
Elizabeth, of famous memory, entitled, An Act restoring to 
the Crown, the ancient jurisdiction over the State, Ecclesias- 
tical and Spiritual, and abolishing all Foreign Power, repug- 
nant to the same, according to the tenor and effect hereafter 
following, that is to say : — 

" I, A. B. do utterly Testify and dec/are: in my conscience that 
the King's Highness, is the only Supreme Governor of this Realm, 
and of all other His Highness' s Dominions and Countries, as well 
in all Spiritual or Ecclesiastical things or Causes as Temporal, 
and that no Foreign Prince, Person, Prelate, Slate or Potentate, 
hath or ought to have any Jurisdiction, Power, Superiority, Pre- 
heminence or Authority, Ecclesiastical or Spiritual, within this 
Realm ; and therefore I do utterly renounce and forsake all Foreign 
Jurisdictions, Poivers, Superiorities and Authorities and promise 
that from thenceforth I shall bear faith anrt true Allegiance to the 
King's Highness, His Heirs and Successors, and to my poiccr shall 
assist and defend all Jurisdictions, Priviledgcs, Prehcminencies 



hud Authorities granted or belonging to the King's Highness, his 
Heirs and Successors, or united or annexed to the Imperial Crown 
of this Realm, So hdp me God, and by the Contents of this Book. 1 ' 

And it is further ordered and ordained, that all other the 
Members of this House, who are now absent, and have no 
hand in the said Rebellion, and every other person which shall 
be hereafter elected a Knight, Ciiizen or Burgess for this Par- 
liament, or for any other Parliament or Parliaments hereafter 
to be holden within this Realm, shall from henceforth, before 
he shall enter into the Parliament House, or have any voice 
there, openly accept and take the said Oath before the Lord 
Chancellor, or Lord Keeper of the Great Seal of this King- 
dom for the time being, or in his absence before the Lord Chief 
Justice of His Majesty's Court of Chief Place, or the Lord Chief 
Justice of His Majesty's Court of Common Pleas, or the Lord 
Chief Baron of His Majesty's Court of Exchequer, for the time 
being ; or such other person or persons of His Majesty's Privy 
Council, or of His Majesty's Judges of this Kingdom as shall be 
authorized to minister the said Oath. And that he which 3hall 
for the present continue in, or hereafter enter into the Parliament 
House, without taking the said Oath, shall be deemed no Knight, 
Ciiizen or Burgess for this present or any other Parliament or 
Parliaments to be hereafter, nor have any voice therein, but 
shall be to all intents, constructions and purposes as if he had 
never been returned nor elected Knight, Citizen or Burgess, 
for the present nor any succeeding Parliament, and shall suffer 
such pains and penalties as if he had presumed to sit in the 
same, without election, return, or authority. And it is also 
ordered and ordained, that the Committee under-named shall 
attend the Right Honourable the Lords Justices of this King- 
dom, and humbly move their Lordships in the name of this 
House, that a Bill be drawn to the effect of this Order, with 
such additions, alterations and enlargements as shall be thought 
filling to be transmitted into England, under His Majesty's 
Great Seal, and to be thence returned into this Kingdom, to be 
passed as a Law : to which end the said Committee are forth- 
with to draw a draught of the said Bill, and to present the 
same unto the said Lords Justices. 

Sir Paul Davis, Knight. Mr. Roger Brereton. 

Mr. Recorder of Dublin. Mr. Anthony Dopping. 

Mr. Recorder of Drogheda. Mr. Stephen Stephens. 

It is ordered upon question, that the Order and Ordinance 
for the Members of this House to take the Oath of Supremacy, 
as the same is now penned and presented to this House by the 
said Committee, shall be forthwith entered, as an Order and 
Ordinance of this House, as the same hath been now read. 

It is ordered that this House shall forthwith dissolve itself 
into a Grand Committee, to consider of the manner of taking 
the Oath of Supremacy. 



The Grand Committee of the whole House. It is ordered 
that this Committee shall Report unto this House, that they 
conceive that the manner of the now taking the Oath of Su- 
premacy prescribed by the Ordinance of the whole House 
shall be taken in the form following, viz. .— 

First, that Mr. Speaker shall leave the Chair and then take 
the Oath at large, and that afterwards every Member of the 
House now present shall take the said Oath in brief, with re- 
lation to the same as it shall betaken by Mr. Speaker. 

/, A. B. do here fre>l;i take the said Oath of Supremacy, that 
Mr. Speaker hath noto taken, So help me God, and, §c t 

The names of such of the Members of this House of Par- 
liament, as have this One and Twentieth day of June, One 
Thousand Six Hundred and Forty-two, taken the Oath of His 
Majesty's Supremacy, viz,: 

Sir Maurice Eustace, Knight, Mr. Roger Brereton 

Speaker of this House Sir Thomas Rotheram, Knight 

Sir Adam Loftus, Knight, His Captain Robert Birroun 

Majesties Vice Treasurer Captain William Billingsley 

Sir James Ware, Knight Mr. Bryan Jones 

Sir Robert Meredyth, Knight Mr. Archibald Hamilton 

Sir Francis Slingsbey, Knight Mr. Anthony Dopping 

Sir Paul Davis, Knight Mr. Stephen Stephens 

Sir John Hoy, Knight Mr. Theodore Schoute 

John Bysse, Esq. Mr. Thomas Hill 

Major Robert Baily Mr. Thomas Johnson 

Robert Bysse, Esq. Mr. John Usher 

Mr. William Plunkett Captain Thomas Harman 



No. 8. 

Extract from the Act for Settling of Estates, $c. 
in Ireland, made in the 14//* and \5th Years of 
the Reign of King Charles II. commonly called 
" The Act of Settlements 

(From " Irish Statutes/' vol. II.) 

" His Majestie's most gracious Declaration for the Settle- 
ment of his Kingdom of Ireland, and Satisfaction of the several 
interests of Adventurers, Souldiers, and other his Subjects 
there. 

" Charles the Second, by the grace of God, King of England, 
Scotland, France and Ireland, defender of the faith, &c.°to all 
our loving subjects of our Kingdom of Ireland, of what degree 
or quality soever, greeting ; It having pleased Almighty God 
out of his great mercy and compassion towards us, and all our 



64 

subjects, to restore us in so wonderful a manner to each other, 
and with so wonderful circumstances of affection and confi- 
dence in each other as must forever fill our hearts (if we are in 
any degree sensible of such blessings) with an humble and 
grateful acknowledgement of the obligations we owe to his di- 
vine providence, that he would vouchsafe to work that miracle 
for us himself, which no endeavours of our own could bring to 
pass: We think it agreeable to the just sense we have, and 
ought to have of the good affection of all our good subjects, 
who have contributed so much in bringing this unspeakable 
blessing upon us and themselves, that we acknowledge that 
our good subjects in our Kingdome of Ireland have born a very 
good part in procuring this happiness, that they were early in 
their dutiful addresses to us, and made the same professions of 
resolution to return to their duty and obedience to us, during 
the time of our being beyond the seas, which they have since so 
eminently made good and put in practice ; however it was not 
easy for us to make any publick declaration with reference to 
that our Kingdome, there being many difficulties in the pro- 
viding for, and complying with the several interests and pre- 
tences there, which we were bound in honour and justice in 
some degree to take care of, and which were different from the 
difficulties we were to contend with in this Kingdome: We 
well knew the Acts of Parliament which had formerly past 
for the security of the adventurers in that Kingdom, and had 
heard of the proceedings which had been thereupon, by which 
very many officers, soldiers, and others, as well of this, as 
that our Kingdome, were in possession of a great part of the 
lands of that our Kingdome, and of whose interests we resolve 
to be very careful. 

"II. We well remember the CESSATION, and the PEACE 
which our royal father of blessed memorie had been forced, during 
the late troubles, to make with the IRISH subjects of that our 
Kingdome, and by which he was compelled to give them a full 
pardon for what they had before done amiss upon their return 
to their dutie, and their promise of giving His Majestie a vi- 
gorous assistance, and that from that time, divers persons of 
honour and qualitie, HAD NOT {that we know or hove heard of ) 
SWERVED FROM THEIR ALLEGIANCE towards him or us. 
We could not forget the PEACE that our self was afterwards ne- 
cessiated to make with our said subjects, in the time when they who 
wickedly usurped the authoritie in this Kingdom, had erected that 
odious Court, for the taking aivay of the life of our dear father ; 
and then no bodie can wonder that we were desirous, though 
upon difficult conditions, to get such an united power of our 
own subjects, as might have been able, with God's blessing to 
have prevented that infamous and horrible parricide. 

" III. And therefore we could not but hold ourself obliged to per- 
form WHAT WE OWE BY THAT PEACE TO THOSE WHO 
HAD HONESTLY AND FAITHFULLY performed what 



they had promised to us, though we and ihey were miserably 
disappointed of the effect of those promises, by an unhappy 
part of them, which foolishly forfeited all the grace which they 
might have expected from us. 

"IV. And in the last place we did and must alwaies remember 
the great affection a considerable part of that nation expressed to us, 
during the time of our being beyond the seas, when with all cheer- 
fulness and obedience, they received end submitted to our orders, 
and betook themselves to that service which we directed as most con- 
venient and behoof eful at that lime to us, though attended 
with inconvenience enough to themselves ; which demeanour of theirt 
cannot but be thought VERIE WORTHIE OF OUR PROTEC- 
TION, JUSTICE and FAVOUR. 



" XVIII. Provided always ; That whereas, the Corporations 
of Ireland are now planted with English, who have considerably 
improved at their own charges, and brought trade and manu- 
facture into that our Kingdome, and by their settlement there, 
do not a little contribute to the peace and settlement of that 
country, the disturbing or removal of which English, would in 
many respects be very prejudicial; that all such of the Popish 
Religion, of any Corporation in Ireland, who have been for 
publick security, dispossessed of their Estates within any Cor- 
poration, shall be forthwith reprized in forfeited lands, tene- 
ments and hereditaments, neer the said Corporation, to the 
full value, worth and purchase of such Estates, as he was dis- 
possessed of within such Corporation ; and that particularly the 
Popish Inhabitants of Cork, Youghall, and Kingsale, shall 
have indisposed forfeited lands set out to them in the 
Baronies of Barrimore and Muskerry, in the County of Cork, 
according to their respective decrees past in that behalf; pro- 
vided that in the case of innocent Papists, within the said re- 
spective Corporations, that were dispossessed as aforesaid, it 
shall remain in His Majestie's power to grant restitution in 
like manner, as is provided in the case of other innocent 
Papists." 



66 



No. 9. 

List of Peers who Voted in Person or by Proxy in 
the Irish House of Lords upon the third reading 
of the Act of Settlement, 30th of May, 1662. 

(From Journals of the House of Lords, vol. 1, page 305.) 
H Prayers Read. 

PRESENT. 



Lord Archbishop of Armagh, 

Primate, &c. Speaker 
Lord Archbishop of Dublin 
Lord Archbishop of Cashell 
Lord Archbishop of Tuam 
Lord Duke of Ormond 
Earl of Kildare 
Earl of Cork 
Earl of Roscommon 
Earl of Desmond 
Earl of Barrymore 
Earl of Donegal 
Viscount Valentia 
Viscount Conway & Killulltagh 
Viscount Baltinglass 
Viscount Strangford 
Viscount Tracy of Rathcoole 
Viscount Shannon 
Viscount Massarene 
Lord Bishop of Meath 
Lord Bishop of Kildare 
Lord Bishop of Clogher 
Lord Bishop of Ossory 
Lord Bishop of Kilmore 
Lord Bishop of Clonfert 



Lord Bishop of Cork, Cloyne 

and Ross 
Lord Bishop of Down 
Lord Bishop of Ferns and 

Leighlin 
Lord Bishop of Derry 
Lord Bishop of Limerick 
Lord Bishop of Achonry and 

Killala 
Lord Bishop of Waterford 
Lord Bishop of Raphoe 
Lord Folliot, Baron of Bally- 
shannon 
Lord Gorges, Baron of Dun- 

dalk 
Lord Caulfield, Baron of Char- 

lemont 
Lord Baron of Longford 
Lord Herbert, Baron of Castle 

Island 
Lord Brereton, Baron of Leigh- 

lin 
Lord Sherrard of Leitrim 
Lord Baron of Kingston 
Lord Baron of Colooney 



" Resolved upon Question, nemine contradicente (Forty-one 
Lords being present) that the Act intitled, An Act for the better 
Execution of His Majesties Gracious Declaration for the Settle- 
ment of this Kingdom of Ireland, and Satisfaction of the 
several Interests of Adventurers, Soldiers, and other his 
Subjects there, shall pass as a Law." 

Note. The Act of Settlement was first read in the House 
of Lords, Friday, 23rd May, 1C62. 



o7 



No. 10. 

A List of the Temporal or La y -Peers whose names 
appear as having Sat or Voted by Proxy in the 
Irish House of Lords in the Reign of King 
Charles Jf. between the Slh May, 1661, and 
1th AuffuSt, 1666, inclusive; of which those 
marked with Asterisks, and perhaps some more, 
were Rtittitan Catholics. 

(From Journals of fli€? House of Lords, vol. I, Folio, Dublin 1799.) 

May 81/1, 1631. 

Wentworth, Earf of Kildare Francis, Lord Aungier, Baron 
Hugh, Viscount Montgomery of Longford 

of Ards James, Lord Baron of Santry 

William, Baron of Howth Lord Baltinglass 

William Lord Caulfield, Baron John, Lord Viscount Massa- 

of Charlemont reene 

*Francis, Lord Bermmghani, * John, Lord Baron of Kingston 

of Athenry Viscount Ranelagh 

Richard, Lord Baron of Co- Lord Aungier. 

looney 

Lords Journals, vol. \.p. p. 231, 232. 
May $th, 1661. 



* Earl of Westmeath 

^Richard, Earl of Clanrickarde 

May iom, 1661. 
Lord Folliot 

May Uth, 1661. 
Earl of Barrymore 

May Uth, 1661. 
* fiord Mayo 

May 16a, 1661. 
*Lord Viscount Galnaoy 

May 201 A, 1661. 
*Eafl of Ckwsficarty 



* Lord Strabane . , . 

Ibidem, p. 232. 

Ibid, p. 233. 

Viscount Shannon 

Ibid, p. 233. 

ibid, 234. 



Earl of Desmond 



Ibid, 235. . 



Duke of Ormorfd 

Ibid, p. 236 

H 



58 



MayZSth, 1661. 

Viscount Breunker 
Earl of Cavan 

May Nth, 1661. 
*Lord Kilmalloek 

June Uth, 1661. 

Viscount Cullen 
*Lord Brittas 
Lord Hamilton 
Viscount Scudamore 

June 12//S, 1661. 
Viscount Maryborough 

June 25/ A , 1661. 

Earl of Meath 
Earl of Donegall 
Lord Baron of Geashill 
Viscount Ely 
Earl of Carbery 
Lord Valentia 

July 10M, 1661. 
Earl of Roscommon 

July lit*. 1661. 
*Ear! of Tyrconnell 

July 13M, 1661. 

Viscount Wenman 
Viscount Killultagh 

July \6th, 1661. 
Lord Baron of LifTord 
Earl of Cork 

July Mh, 1661. 
*Lord Barnwall 



* Viscount Chaworth ofArmagh 
Viscount Grandison 

Ibid, p. 239. 



*Viscount Fairfax of Emilia 
Ibid, p. 240, 241. 

Earl of Inchiquin 
Baron of Glanally 
Baron of Leytrim 
Baron of Laughlin 

Ibid, p. p. 246. 

Viscount Molineaux 

Ibid, p. 246. 

Viscount Cholmondley 
Baron of Castlestewart 
Earl of Thomond 
*Viscount Clanmaleery 
Lord Maynard 

Ibid, p. 246. 

*Earl of Waterford 

Ibid, p. p. 260, 261. 

Earl of Drogheda 

Ibid, p.p. 261.262. 

Baron of Rathcoole 
Baron of Castle-Island 

Ibid, p. 262 

Baron of Rathmore 
Baron of Dundalk 

Ibid, p. p. 262, 263. 



Ibid, p. 269. 



o9 



JulySUt, 1661. 
Earl Meunt Alexander 

March 6th, 1661. 
Earl of Mountrath 

May2Ut, 1662. 

*Lord Viscount Dillon 
Lord Viscount Strangford 

June Uth, 1662. 
*Lord Baron of Kinsale 

August 8th, 1662. 
*Lord Viscount Muskery 

August Uth, 1662. 
*Earl of Anglesey 

August iSth, 1662. 
*Earlof Castlehaven - 

September 2nd, 1662. 

*Marquis of Antrim 
Lord Viscount Cullen 

September Sth, 1662. 
Earl of Arran 

September loth, 1662. 
Earl of Orrery 

February 20th, 1662. 
Lord Viscount Dungarvan 

November \6th, 1665. 
Lord Viscount Charlemont 

December 7th, 1665. 
Lord Viscount Dungannon 



Ibid, p. 275. 



Ibid, p. 292. 

Lord Viscount Dongan 
*Earl of Carlingford 

Ibid, p.p. 300, 301. 



Ibid, p. 310. 
Ibid, p. 327. 

Ibid, p. 329. 

Ibid, p. 331. 

Lord Viscount Cashell 

Ibid, p. 336. 

Ibid, p. 339, 

Ibid, p. 342. 

Ibid, p. 366. 
Ibid, p.2$\. 

Ibid, p. 395. 



60 



December 21#/, IC65. 
Lord Maynard 
Lord Blayney 

December 22d, 1665. 
Lord Baron of Monasrhan 

February 13///, 1665. 
Earl of Londonderry 

March 1st, 1665. 
Lord Viscount Powerscourt 



Lord Barop of Atherdee 
*Lord Viscount Clare 

Ibid, p. 393. 

*Lord Viscount Kingsland 
Ibid, p. 395. 



Ibid, p. 402. 



Ibid, p. 405. 



Maro* 19///, 1665. 

*Lord Neterville — Ordered to Petition for his Place, which being 
clone, referred to Committee of Piiviledges 

Ibid, p. AW. 

May 23d, 1666. 

Charles Lord Berkeley, Viscount Beerhaven, and Baron of 
Ka !h down 

Ibid, p. 424. 



No. 11. 

Exlra6U sharing the distinction made between the 
Protestant and Roman Calholick JReers, with 
respect to their hours of attending to their Duly 
in the House. 

(From "Journals of the House of Lords. " Vol. I. p. p. 243 and 312.) 

Friday, 3\st May, 1661. 

Prayers read by the puisne Bishop. 

Question. Whether the Lords of the Communion of the 
Church of England, be lied to be present at Prayers, under 
the respective Penalties? 

Ordered (upon the Question) neminc coniradicentc, that the 
Lords of the Communion of the Church of Enyland, shall be 
bound to be present at Prayers, u rider the respective penalties 
of one shilling a piece. 

Friday, the 27 ih of June, 1662. 

Ordered, that all Lords, who are of lite Profession of the 
Church of England, shall pay for every time they are absent 



51 

from Prayers in the House, one shilling: and every Lord of the 
ROMAN CATHOUCK RELIGION } \hvX is absent a Quarter, 
at the sitliny of the House, one shilling. 



No, 12. 

Shewing the constant attendance of Rowan Catholic 
Peers in the House of Lords in Ireland, in the 
time of King Charles fl. 

(From " Journals of the House of Lords." Vol. I. p. 31o.) 

"And whereas, the Right Honourable Richard Earl of West, 
meath, the Lord Viscount Mayo, the Lord Viscount Galmoy, 
the Lord Birmingham Baron of Athenry, the Lord Baron of 
Brittas, and Lord Viscount Killmallock, have constantly attend- 
ed His Majesty's service in this Parliament, that regard maybe 
had to their better encouragement and the support of the dignity 
of the Honourable House of Peers : That therefore, it may be 
provided and further enacted, that the said Richard Earl of 
Westmeath, the Lord Viscount Mayo, the Lord Viscount Gal- 
moy, the Lord Baron of Athenry, the Lord Baron of Brittas, 
and the Lord Viscount Killmallock, may be first restored unto 
and enjoy their several and respective Estates, belonging to 
them, or any of them, in Possession, Reversion, or Remainder, 
before any Estate be restored to any person or persons, who 
are not, by His Majesty's gracious Declaration to the Adven- 
turers, Soldiers, or others, possessing the same respectively, 
they the said Earl of Westmeath, the Lord Viscount Mayo, the 
Lord Viscount Galmoy, the Lord Baron of Athenry, the Lord 
Baron of Brittas, and Lord Viscount Killmallock, first satisfy- 
ing and paying such reparations, according to a just value 
thereof, as have been made upon their several and respective 
Estates, any Act to the contrary thereof notwithstanding." 



No. 13. 

Letters from Lord Orrery to the Duke of Ormond. 

(From Orrery's State Letters, 8vo. DubKn, 1743. Vol. I. p. 34.) 

" To the Duke of ORMONDE," (dated May Sib, 1661.) 

" May it please your Grace, 

"This is the first day that I have been able to make use of 
my hand to write, and therefore I think it a duty to employ it in 
giving your Grace an account of our actings here. My Lord 
Clancarly we have actually repossessed of all hfs Estate ; and 
several others, we hope, in ten days, will be also of theirs, a 



62 

list of which the last post, we humbly presented to your Grace*, 
in a joint letter from my Lord Mountrath and your humblest 
servant. His Majesty having empowered the Lords Jusiices to 
oppoint a fit person to be Speaker of the House of Lords, my 
Lord Chancellor has proposed to us the Lord Santry, against 
whom we had several material objections, besides his disability 
of body ; and he being at best but a cold friend to the Declara- 
tion \ which made me propose my Lord Primate, well known 
in the orders and proceedings of that House, (having sat in 
two Parliaments) a constant eminent sufferer for his late, and 
now Majesty, and that in such a choice we might let the Dis- 
senters and Fanaticks see, tohat we intend as to Church Go- 
vernment. Besides it was but requisite the Church, which had 
so long suffered, should now (in the chief of it,) receive all the 
honours we could confer on it. My Lord Chancellor for some 
days dissented therein, but at last concurred ; and this day my 
Lord Primate sat in that character. The Lord Santry's strange 
passionate carriage at it in the Council, his indiscretion towards 
my Lord Mountrath, as well as his Majesty himself, your Lordship 
in my next shall have account of. His Majesty, in the honour 
of his letters to us of the I lth of March last, ordered us to see 
Sir William Domvill settled Speaker of the House of Commons 
here. This letter was not given us till the 27th of April last, 
at which time it was impossible to signify to the King, what we 
humbly thought most advantageous to his service, and timely 
enough to receive his Royal pleasure therein ; but having had 
some private notice of that concealed letter a few days before, 
it occasioned a letter to a friend in England, which produced 
His Majesty's letters of the 30th of April, received the 5th in- 
stant, impowering us, notwithstanding the former letter, to ap- 
prove of whom we should think fit. Yesterday in full Council 
it was resolved, since only two were in nomination (Sir Wm. 
Domvill, and Sir Audley Mervin,) that it was best to leave the 
choice of either, to the House itself, which this day was done ; 
and notwithstanding several arts were used, yet this afternoon, 
Sir Audley was chosen Speaker, and is to be presented us to- 
morrow to be approved. Those that opposed it would not, 
after they saw above three to one against them, come to a pole, 
but at last unanimously agreed for him. There sat this day in 
the House of Lords BUT ONE PAPIST PEER, but SOME 
are come to town this day, and DIVERS others are coming. 
It may not be unworthy your Grace's observation that the 
PAPISTS and Anabaptists stood in SEVERAL PLACES 
TO BE CHOSEN, yet but ONE of each sort was ACTUAL- 
LY chosen, and they both in the borovyh of Tuam, an Arch- 
bishop's See ; from which all collect, that both those opinions 
will oppose the true Church. I am very confident, that much 
the major number of the House of Commons are faithful ser- 
vants to His Majesty, and friends to the Church, which what- 
ever may be represented to the contrary, will by effects be made 
appear. I doubt I have troubled your Grace too much ; and 



63 

though I have much more to say, yet shall defer it to the next 
post, lest you might say you you have an importunate servant 
of me, and that I am less troublesome with the gout than 
without it : but whether ill or well, I will be, God willing 
during my life, 

" May it please your Grace, 

your Grace's most humble 

most obliged devoted servant, 

"ORRERY." 
Dublin, May 8, 1661. 

" To the Duke of ORMONDE/ 9 (Ibid page 36.) 

"Dublin, May 15th, 1661, 
" May it please your Grace, 

" I hope in a few days botb Houses of Parliament will by 
their Declaration, evidence to the world, what true sons of the 
Church they are, and how far they will be from tolerating any 
sects. And I think I may on good grounds assure your Grace, 
that whatever is proposed in this Parliament for the service of 
His Majesty, the good of the Church, and the settlement of this 
Kingdom, will be readily embraced by them. The House of 
Commons have this day to move my Lords Justices, that my 
Lord Chancellor be desired to commissionate certain persons 
under the Great Seal, to administer to every Member of that 
House, the Oaths of Allegiance and Supremacy, which they 
esteem the civillest way to evidence they are not Fanatics, and 
try such as they are jealous of; neither can this be designed 
against the Papists, THERE BEING BUT ONE OF THAT 
RELIGION CHOSEN THIS PARLIAMENT. Our answer 
to this desire I shall present your Grace by the next post.— 
If it may stand with your Grace's liking, I would bean humble 
suitor to you, that by your mediation with His Majesty, the Earl 
of Barrimore might be one of the Privy Council in this King- 
dom. I find him most zealous for the King's service, and very 
propense to business : his father was, and all his family are en- 
tirely your servants, and this would engage him to walk 
not unworthy such an honour, upon which belief, this re- 
quest is humbly presented your Grace, by your Grace's 

'" Most humble most faithful 

and most entirely devoted servant, 

« ORRERYS 



J1 



64 
No. 14. 

" CONCERNING THE 

CHARTERS TO CORPORATIONS. 

(This and another Paper, concerning the Nominees, were sent 
April 10th 1675, by the Lord Conway to the Lord Ranelagh, 
one of King Charles the Second's Ministers in England, from 
His Excellency Arthur Capel, Earl of Essex, Lord Lieute- 
nant of Ireland. — See Essex's State Letters, page 158, 
Quarto Edition, London, 1770.) 

" IN most of the Corporations of Ireland, the Freemen were 
generally Papists in the year 1641, and so continued till about 
1664 ; and although most of the persons who were then free, 
may now be presumed to be dead, yet there being a custom in 
most Corporations, that all sons of Freemen are also free of the 
Corporations whereof their fathers were free ; there cannot but 
be now very many Papists living, who are entitled to their 
Freedom in their several Corporations. Since the entfing of the 
Rebellion all the Magistrates in Corporations have been gener- 
ally Protestants, and many Protestants have been also admitted 
to their freedoms ; and in the Usurper's time, all Papists that 
were Freemen were hindered from enjoying the benefit of their 
freedoms. 

" Since the King's restoration, many disputes have happen- 
ed concerning the Papists, who were formerly free, being ad- 
mitted again into the Corporations. 

" By a letter from the King, crated the 22d of May, 1661, 
His Majesty declared hrs pleasure, that the respective former 
inhabitants, natives and freemen, and such as had right to be 
Freemen in any of the Cities or Towns in this Kingdom, should 
be forthwith restored to their accustomed privileges and im-mtr- 
irittes, and admitted to trade in the said respective cities and 
towns *as freely as heretofore, without making any national 
distinction, or giving any interruptions upon pretence of dif- 
ference of judgment, or opinion in matters of religion. Not- 
wrthstanding this letter, many of the ancient freemen, that 
were' Papists, were- kept out of several Corporations. In the 
Act of Settlement, or Explanatien, there is no clause that hin- 
ders any Papist from buying, or taking any leases of any for- 
feited houses from the forty-nine officers, without licence of the 
Lord Lieutenant and Council. 

'* His Majesty afterivards, by his letters bearing date the 26th 
of February, 1671, in the time of the Lord Bex ley's Government, 
did again declare his pkasttre*, t-httt alb ike- Antient Freemen of the 
respective Corporations, should enjoy their former freedoms and 
priveleges ; and that a general licence should be given to Papists, 
to hire or purchase any forfeited houses in Corporations which was 



~G5 

accordingly done, and His Majesty' 6 pleasure therein published by 
Proclamation of the Lord Lieutenant and Council, bearing date 
the 8th of May, 1671. 

" The rules since made by the Lord Lieutenant and Coun- 
cil, in pursuance of* a clause contained in the Act of Explana- 
tion, does hinder all Papists from being Magistrates in Cor- 
porations, unless dispensed with by the Lord lieutenant from 
taking the Oath of Supremacy ; but nothing in those Rules takes 
au ay from them the benefit of t/ieir Freedoms; yet in some of 
their Corporations, (in which the number of Protestants is 
great,) many of the Papists are still kept out, and hindred 
from their freedoms, as particularly in Cork, which is now 
wholly inhabited by Protestants, and the ancient natives, or 
freemen, .are either disposed in the country abroad, or do only 
inhabit in the suburbs without the walls; but the trade is al- 
most wholly carried on by the Protestants. Upon renewing of 
Charters, great disputes are likely to arise between the present 
inhabitants and ancient natives of several of the Corporations, 
concerning the hindering of the ancient natives from, or ad- 
mitting them to, the benefit of their freedoms. If they should 
be hindred from their freedoms, they will complain that there is ?io 
law to take that benefit from them; that it is unreasonable to 
hinder them from trading, and may be also prejudicial lo the 
King in his customs, and will force them to withdraw their 
stocks beyond the seas, and that it is against the King's plea- 
sure, expressly declared by his several letters, and since made 
publick by proclamation, upon confidence whereof (it will be 
pretended) many have come over to inhabit here ; that by the 
rules, Papists, who are foreigners, may be admitted to be free 
in the Corporations here, and that it will be hard to bar Papists, 
who are natives, from enjoying that freedom which hath been 
already granted them. If they should all be generally admitted 
by the new Charters, to enjoy the benefit of their freedom, the 
Protestant inhabitants will complain that the Corporations will 
be all presently filled with Papists, as they were in the year 
1641, and the Protestant inhabitants thereby discouraged ; that 
the number of the ancient freemen, who are Papists, will be mveh 
greater than of Protestants, and thereby they will have the choice of 
Parliament Men, and the House of Commons thereby will be filled 
with Papists, WHO ARE NOT, BY ANY LAW OF FORCE 
HERE, HINDRED FROM SITTING IN THE HOUSE : 
that it will be unreasonable that such, who, by reason of their 
not being adjudged innocent, have forfeited their estates, 
should be admitted to continue their freedoms ; and it is to be 
feared, that the present Protestant inhabitants, who will gener- 
ally solicit and take out the Charters, will hardly beat the 
charge of renewing them, if any provisions should be therein 
made for all the ancient freemen to be restored to their freedoms. 

" What expedients to propose herein seems to be very dif- 
ficult, and it will be hardly possible to propose any that may 
satisfy both parties. 



w 

" It may, perhaps, be a middle way, to admit only those 
Papists to their freedoms, WHO DO NOW ACTUALLY 
ENJOY the benefit thereof, where by those Papists, who 
have not yet been admitted thereinto by the Corporations 
themselves, may be excluded ; or else to provide that those 
Papists who have been adjudged innocent, and their heirs and 
children shall enjoy the benefit of those freedoms, whereby 
only those who have not been admitted to enjoy their estates, 
will be hindred from their freedoms : but it is to be doubted, 
whether either these will satisfy the parties concerned." 



No. 15. 

Protestant and Roman Catholic Peers having a 
right to sit in the Irish House of Lords at the 
latter end of the Reign of King Charles LI. 

(From " The Interest of Ireland in Us Trade and Wealth stated." By 
Colonel Richard Lawrence. London, 1682. Part II., page 63.) 

" A Catalogue of the present Peers of Ireland, 1681, not in 
exact order as to Seniority, though I used my utmost endeavours 
to have done that, designing only to manifest the strength of 
the English Interest in the House of Peers. 



" PROTESTANTS. 

" DuAe Ormond, 

Earls. 
Kildare, 
Thomond, 
Cork, 
Desmond, 
Barymore, 
Meatb, 
Ossory, 
Roscommon, 
Londonderry, 
Donnegall, 
Arran, 
Conaway, 
Carberry, 
Ardglass, 
Ranalagh, 
Cavan, 
Inchiquin, 
Clancarty, 
Orrery, 
Mountratb, 
Proghed*. 



" PAPISTS, 

" Marquess Antrym, 

Earls. 

Clanrickard, 

Castlehaven, 

West Meath, 

Fingall, 

Castlemayne, 

Carlingford. 



67 



» PROTESTANTS. 

Earls. 

Water ford, 

Mountalexander, 

Down, 

Longford, 

Tyrone. 

Viscount*. 

Grandison, 
Wilmot, 
Loflus of Ely, 
Swordes, 
Kilmurry." 



PAPISTS 



Viscounts. 

Costalo, 

Mayo, 

Merrion, 

Fairfax, 

Fitz William." 



NOTE — Lawrence also gives a list of the places that return 
Members to the House of Commons, (p. 59.) of which the Coun- 
ties send Sixty-four, and the Cities and Boroughs Two-hundred 
and Twenty-one, making in the whole, the number of Two- 
hundred and Eighty-five, at the conclusion of which he has 
these remarkable words. 

" Of which, coticidering the present constitution of these Cor- 
porations, no man can think where TEN PAPISTS can carry an 
E/ection." 

Thus exulting in the prosperity of the English Interest, while 
he acknowledges that the Irish Roman Catholick had the right 
of Election, and of being reTurned to serve as Members of 
Parliament, although as he says, " no Ten Papists can carry an 
Election:* 



08 

No. 16. 
THE CIVIL AND MILITARY 

ARTICLES OF LIMERICK, 

(Printed verbatim, from a copy lately collated with the Inrollment of the Ori- 
ginal Articles, now of Record in the Rolls of His Majesty's Jligh Court of 
Chancery, Dublin. 

GULIELMUS & MARIA Dei Gratia, Anglhr, Scotiar, 
Franciae & Hiberniae, Rex & Regina, Fidei Defensores, &c. 
Omnibus ad quos Presentes literae nostras pervenerint salutem ; 
Inspeximus Irrotulament. quarund. literarura patentiam de 
confirmatione geren. Dat. apud Westmonasterium vicesimo 
quarto die Februarij, ultimi preteriti in Caneellar. nostr. Irro- 
tulat. ac ibidem de Recordo remanen. in baec verba. William 
and Mary, by the Grace of God, &c. To all to whom these 
presents shall come, Greeting, Whereas certain Articles, bear- 
ing date the third day of October last past, made and agreed 
on between our Justices of our Kingdom of Ireland, and our 
General of our Forces there, on the one part, and several 
Officers there commanding within the City of Limerick, in our 
said Kingdom, on the other part. — Whereby our said Justices 
and General did undertake, that we should ratify those Articles 
within the space of eight months, or sooner; and use their ut- 
most endeavours that the same should be ratified and confirmed 
in Parliament. The tenor of which said Articles is as fol- 
lows, viz. : — 

ARTICLES 

Agreed upon the Third Day of October.. One Thousand Six 
Hundred and Ninety One, 

BETWEEN the Right Honourable Sir Charles Porter, Knight, 
and Thomas Conningsby, Esquire, Lords Justices of 
Ireland, and His Excellency the Baron de Ginckell, 
Lieutenant General and Commander in Chief of the 
English Army, on the one Part, and the Right Honour- 
able Patrick Earl of Lucan. Piercy Viscount Gallmoy, 
Colonel Nicholas Purccll, Colonel Nicholas Cusack, Sir 
Toby Butler, Colonel Garret Dillon, and Colonel John 
Brown, on the other Part. 

In the behalf of the Irish Inhabitants in the City and County 
of Limerick, the Counties of C!ure : Kerry, Cork, Sli^o, 
and Mavo. 



G9 

In consideration of the Surrender of the City of Limerick, 
and other Agreements made between the said Lieutenant 
General Ginckell, the Governor of the City of Limerick, 
and the Generals of the Irish Army, bearing date with 
these presents, for the Surrender of the said City, and 

Submission of the said Army, did agree, 

* 
Art. T. It is agreed that the Roman Catholics of this King- 
dom shall enjoy such privileges in the exercise of their reli- 
gion, as are consistent with the laws of Ireland, or as they did 
enjoy in the Reign of King Charles the Second. And their 
Majesties, as soon as their affairs will permit them to summon 
a Parliament in this Kingdom, will endeavour to procure the 
said Roman Catholics such further security in that particular, 
as may preserve them from any disturbance upon the account 
of their said Religion. 

Art. II. All the inhabitants or residents of Limerick, or 
any other Garrison now in the possession of the Irish, and all 
Officers and Soldiers, now in arms, under any Commission of 
King James, or those authorised by him, to grant the same in 
the several Counties of Limerick, Clare, Kerry, Cork and 
Mayo, or any of them, and all the Commissioned Officers in 
their Majesty's quarters, that belong to the Irish Regiments, 
now in being, that are treated with, and who are not Prisoners 
of War, or have taken protection, and who shall return and 
submit to their Majesties obedience, and their and every of 
their heirs, shall hold, possess and enjoy, all and every 
their estates of freehold and inheritance; and all the rights, 
titles and interests, privileges and immunities, which they and 
every, or any of them held, enjoyed, or were rightfully and 
lawfully entitled to, in the Reign of King Charles the Second, 
or at any time since, by the Laws and Statutes that were in 
force in the said Reign of King Charles the Second, and shall 
be put in possession, by order of the Government, of such of 
them as are in the King's hands, or the hands of his tenants, 
without being put to any suit or trouble therein; and all 
such estates shall be freed and discharged from all arrears of 
Crown Rents, Quit Rents, and other public charges, incurred 
and become clue since Michaelmas, 1688, to the day of the 
date hereof. And all persons comprehended in this Article, 
shall have, hold, and enjoy all their goods and chatties, real 
and personal, to them, or any of them belonging, and remain- 
ing either in their own hands, or the hands of any persons 
whatsoever, in trust for, or for the use of them, or any of 
them ; and all and every the said persons, of what profession, 
trade or calling, soever they be, shall and may use, 
exercise and practise their several and respective professions, 
trades and callings, as freely as they did use, exercise and 
enjoy the same in the Reign of King Charles the Second ; pro- 
vided, that nothing in this Article contained, be construed to 
extend to, or restore any forfeiting person now out of the 



70 

Kingdom, except what are hereafter comprised. Prodded 
also, that no person whatsoever shall have or enjov the benefit 
of this Article, that -shall neglect or refuse to take" the Oath of 
Allegiance*, made by Act of Parliament in England, in the 
first year of the Reign of their present Majesties, w hen there- 
unto required. 

Art. III. All Merchants, or reputed Merchants of the 
City of Limerick, or of any other Garrison, now possessed by 
the Trish, or of any town or place in the Counties of Clare or 
Kerry, who are absent beyond the Seas, that have not bore 
Anns since their Majesties Declaration in February, 1688, 
shall have the benefit of the second Article, in the same man- 
ner as If they were present ; provided such Merchants, and 
reputed Merchants, do repair into this Kingdom within the 
space of eight months from the date hereof. 

Art. IV. The following Officers, viz. Colonel Simon LuU 
trel, Captain Rowland White, Maurice Eustace, of Yermans- 
town, Chievers of Maystown, commonly called Mount Leinster, 
now belonging to the regiments in the aforesaid Garrisons and 
Quarters of the Irish Army, who were beyond the seas, and 
sent thither upon affairs of their respective regiments ; or the 
Army in general, shall have the benefit and advantage of the 
second Article ; provided they return hither within the space 
of eight months from the date of these presents, and submit to 
their Majesties Government, and take the above-mentioned 
Oath. 

Art. V. That all and singular, the said persons comprised 
in the second and third Articles, shall have a General Pardon 
of all Attainders, Outlawries, Treasons, Misprisions of Trea- 
son, Premunires, Felonies, Trespasses, and other Crimes and 
Misdemeanors whatsoever, by them or any of them committed 
since the beginning of the Reign of King James II. and if any of 
them are attainted by Parliament, the Lords Justices and Gene- 
ral, will use their best endeavour to get the same repealed by 
Parliament, and the Outlawries to be reversed gratis, all but 
Writing Clerk's fees. 

Art. VI. And whereas these present Wars have drawn on 
great violences, on both parts, and that if leave were given to 
(toe bringing all sorts of private actions, the animosities would 
probably continue, that have been too long on foot, and the 
public disturbances last. For the quieting and settling there- 
fore of this Kingdom, and avoiding those inconveniences which 
would be the necessary consequence of the contrary, no person 
or persons whatsoever, comprised in the foregoing Articles 
shall be sued, molested, or impleaded, at the suit of any 

* " I. A. B. do sincerely promise and swear, that I will be faithful, and 
bear true Allegiance to their Majesties King William and Queen Mary. — 
So help me God." 



7 J 

party or parties whatsoever, for any Trespasses by them com- 
mitted, or for any Arms, Horses, Money, Goods, Chatties, 
Merchandises, or Provisions whatsoever, by them seized or 
taken during the time of the War. And no person or persons 
whatsoever in the second or third Articles comprised, shall 
be sued, impleaded, or made accountable for the Rents, or 
mean Rates of any Lands, Tenements, or Houses by him or 
them received, or enjoyed in this Kingdom, since the begin- 
ning of the present War, to the day of the date hereof, nor 
for any Waste or Trespass, by him or them committed in any 
such Lands, Tenements, or Houses. And it is also agreed, 
that this Article shall be mutual, and reciprocal on both 
sides. 

Art. VII. Every Nobleman and Gentleman comprised in 
the said second and third Articles, shall have liberty to ride 
with a Sword and Case of Pistols, if they think fit, and keep 
a Gun in their Houses, for the defence of the same, of for 
fowling. 

Art. VIII. The inhabitants and residents in the City of 
Limerick, and other Garrisons, shall be permitted to remove 
their Goods, Chatties, and Provisions, out of the same, with- 
out being viewed and searched, or paying any manner of 
duties, and shall not be compelled to leave the Houses or 
Lodgings they now have, for the space of six weeks next en- 
suing the date hereof. 

Art. IX, The Oath to be administered to such Roman Ca- 
tholics as submit to their Majesties' Governmeut, shall be the 
Oath aforesaid, and no other. 

Art. X. No person or persons, who shall at any time here- 
after break these Articles, or any of them, shall thereby make, 
or cause any other person or persons, to forfeit or lose the be- 
nefit of the same. 

Art. XT. The Lords Justices and General do promise to use 
their utmost endeavours, that all the persons comprehended in 
the above-mentioned Articles, shall be protected and defended 
from all Arrests and Executions for Debt or Damage, for the 
space of eight months, next ensuing the date hereof. 

Art. XII. Lastly, the Lords Justices and General do under- 
take, that their Majesties' will ratify these Articles, within the 
space of eight months, or sooner, and use their utmost en- 
deavours, that the same shall be ratified and confirmed in Par- 
liament. 

Art. XIII. And whereas Colonel John Brown stood indebted 
to several Protestants, by judgments of record ; which appear- 
ing to the late Government, the Lord Tyrconnel and Lord 
Lucan, took away the effects the said John Brown had to an- 
swer the said debts, and promised to clear the said John Brown 



of the said debts ; which effects wore taken for the public use 
of the Irish, and their Army. For freeing the suid Lord 
Lucan of his said engagement, past on their public account, 
for payment of the said Protestants, and for preventing the 
ruin of the said John Brown, and for satisfaction of his cre- 
ditors, at the instance of the Lord Lucan, and the rest of the 
persons aforesaid, It is agreed, that the said Lords Justices, 
and the said Baron de Ginckell, shall intercede with the King 
and Parliament, to have the estates secured to Roman Ca- 
tholics, by Articles and Capitulation, in this Kingdom, charged 
with, and equally liable to the payment of so much of the said 
debts, as the said Lord Lucan, upon stating accounts with the 
said John Brown, shall certify under his hand that the effects 
taken from the said Brown amount unto; which account is to 
be stated, and the balance, certified by the said Lord Lucan in 
one and twenty days after the date hereof. 

For the true performance hereof, we have hereunto set our 
Hands. 

PRESENT. 

SCRAVENMORE. CHARLES PORTER. 

H. MACCAY. THOMAS CONNINGSBY. 

T. TALMASH. BARON DE GINCKELL. 

AND Whereas the said City of Limerick hath been since, 
in pursuance of the said Articles, surrendered unto us. Now 
know ye, that we having considered of the said Articles, are 
graciously pleased hereby to declare, that we do for Us, our 
Heirs and Successors, as far as in us lies, ratify and confirm 
the same, and every clause, matter and thing, therein con- 
tained. And as to such parts thereof, for which an Aet of 
Parliament shall be found to be necessary, we shall recommencl 
the same to be made good by Parliament, and shall give our 
Royal Assent to any Bill or Bills, that shall be passed by our 
two Houses of Parliament to that purpose. 

And whereas it appears unto us, that it was agreed between 
the parties to the said Articles, that after the words, Limerick, 
Clare, Kerry, Cork, Mayo, or any of them, in the second of 
the said Articles, the words following, viz. " And all such a3 
are under their protection in the said Counties, " should be in- 
serted, and be part of the said Articles. Which words having 
been casually omitted by the writer, the omission was not dis- 
covered until after the said Articles were signed, but was taken 
notice of before the second Town was surrendered. And that 
our said Justices, and General, or one of them, did promise 
tnat the said clause should be made good, it being within the 
intention of the Capitulation, and inserted in the foul draught 
thereof. 

Our further will and pleasure is, and we do hereby ratify and 
confirm the said omitted words, viz. " And all such as are under 



73 

their protection in the said Counties," hereby for us, our heirs, 
and successors, ordaining and declaring, that all and every 
person and persons, therein concerned, shall and may have, 
receive and enjoy, the benefit thereof, in such and the same 
manner, as if the said words bad been inserted in their pro- 
per place, in the said second Article; any omission, defect or 
mistake in the said second Article, in any wise notwithstand- 
ing. 

Provided always, and our will and pleasure is, that these 
our Letters Patents shall be enrolled in our Court of Chancery, 
in our said Kingdom 'of Ireland, within the space of one year 
next ensuing. In Witness, &c. 

Witness ourself, at Westminster, the twenty-fourth day of 
February, Anno Re^ni Regis & Reginae Gulielmi & Maria* 
Quarto, per Breve de Privato Sigillo, Nos autem Tenorem 
Premissor. Predict, ad Requisitionem Attornat. General Do- 
mini Regis et Dominae Reginae pro Regno Hibernia*. Duximus 
exemplificand. per Presentes. In cujus Kei Testimonium has 
litems nostras fieri fecimus Patentes. Testibus nobis ipsis 
apud Westmon. Quinto die Aprilis, Annoque Regni eorum 
Quarto. 

BRIDGES. 

Examinat. j" & KECK. 7 In Cancel, 

per nos \ LACON WM. CIIILDE. ]* Magistros. 

— ♦ » ■ 

MILITARY ARTICLES, 

AGREED UPON. 

Between the Baron de Ginckell, Lieutenant General, and 
Commander in Chief of the English Army, on the one 
side ; 

AND 

The Lieutenant Generals de Ussoon, and de Tesse, Com- 
manders in Chief of tbe Irish Army, on the other ; and 
the General Officers bereuto subscribing. 

Art. I. Tbat all persons, without any exceptions, of wbat 
quality or condition soever, that are willing to leave the King- 
dom of Ireland, shall have free liberty to go to any count ry 
beyond the seas, (England and Scotland excepted,) where 
they think fit, with their families, household stuff, plate and 
jewels. 

II. That all General Officers, Colonels, ami generally all 
other Officers of Horse, Dragoons and Foot Guards, Troopers, 
Dragooners, Soldiers of all kinds that are in any Garrison 

K 



74 

Place or Post, now in the hands of the Irish, or encamped in 
the Counties of Cork, Clare and Kerry, as also those called 
Kapparees, or Voluntiers, that are willing to go beyond 
*eas as aforesaid, shall have free leave to embark themselves 
wherever the ships are, that are appointed to transport them ; 
and to come in whole bodies, as they are now composed, or in 
parties, companies, or otherwise, without having any impedi- 
ment, directly or indirectly. 

III. That all persons above-mentioned, that are willing to 
leave Ireland, and go into France, shall have leave to declare 
it at the times and places hereafter mentioned, viz. The troops 
in Limerick on Tuesday next in Limerick ; the horse at their 
camp on Wednesday, and the other forces that are dispersed 
in the Counties of Clare, Kerry, and Cork, on the 8th instant, 
and on none other, before Monsieur Tameron, the French In- 
tendant, and Colonel Withers : and after such Declaration is 
made, the troops that will go into France must remain under 
the command and discipline of their Officers, that are to con- 
duct them thither; and Deserters of each side shall be given 
up, and punished accordingly. 

IV. That all English and Scotch Officers, that serve now in 
Ireland, shall be included in this Capitulation, as well for the 
security of their estates and goods in England, Scotland and 
Ireland, (if they are willing to remain here,) as for passing 
freely inlo France, or any other country, to serve. 

V. That all the General French Officers, the Intendant, the 
Engineers, the Commissaries at War, and of the Artillery, the 
Treasurer, and other French Officers, Strangers, and all others 
whatsoever, that are in Sligo, Ross, Clare, or in the Army, 
or that do trade or commerce, or ore otherwise employed in any 
kind of station or condition, shall have free leave to pass into 
France, or any other country ; and shall have leave to ship 
themselves, with all their horses, equipage, plate, papers, and 
all their effects whatever ; and that General Ginckell will order 
passports for them, convoys, and carriages by land and water, 
to carry them safe from Limerick, to the ships where they shall 
be embarked, without paying any thing for the said carriages, 
or to those that are employed therein, with their horses, carts, 
boats, and shallops. 

VI. That if any of the aforesaid equipages, merchandize, 
horses, money, plate, or other moveables, or household stuff, 
belonging to the said Irish troops, or to the French Offi- 
cers, or other particular persons whatsoever, be robbed, des- 
troyed, or taken away by the troops of the said General, the 
said General will order it to be restored, or payment to be made, 
according to the value that is given in upon oath by the person 
so robbed or plundered. And the said Irish troops to be trans- 
ported as aforesaid ; And all other persons belonging to them, 
are to observe good order in their march and quarters, and shall 



75 

restore whatever they shall take from the country, or make res- 
titution lor the same. 

VII. That to facilitate the transporting the said troops, the 
General will furnish fifty ships, each ship's burthen two hun- 
dred tons ; for which the persons to be transported, shall not 
be obliged to pay ; and twenty more if there shall be occasion, 
without their paying for them ; and if any of the said ships 
shall he of lesser burthen, he will furnish more in number to 
countervail ; and also give two Men of War to embark the prin- 
cipal Officers and serve for acomoy to the vessels of burthen. 

VIII. That a Commissary shall be immediately sent to Cork 
to visit the transport ships, and what condition they are in for 
sailing ; and that as soon as they are ready, the troops to be 
transported shall march with all convenient speed the nearest 
way, in order to embark there. And if there shall he any more 
men to be transported, than can be carried off in the said fifty 
ships, the rest shall quit the English Town of Limerick, and marcli 
to such quarters as shall be appointed for them, convenient for 
their transportation, where they shall remain 'till the other 
twenty ships be ready, which are to be in a month ; and may 
embark on any French ship that may come in the mean time. 

IX. That the said ships shall be furnished with forage for 
horse, and all necessary provisions to subsist the Officers, 
Troops, Dragoons and Soldiers, and all other persons that are 
shipped to be transported into France ; which provision shall 
be paid for, as soon as all are disembarked at Brest or Nantz, 
upon the coast of Brittany, or any other port in France they 
can make. 

X. And to secure the return of the said ships, (the danger of 
the seas excepted,) and payment of the said provisions, suffi- 
cient hostages shall be given. 

XI. That the Garrisons of Clare Castle; Ross, and all other 
Foot that are in Garrisons, in the Counties of Clare, Cork, and 
Kerry, shall have the advantage of this present Capitulation, 
and such part of those Garrisons as design to go beyond seas, 
shall march out with their arms, baggage, drums beating ball 
in mouth, match lighted at both ends, and colours flying, with 
all the provisions, and half the ammunition that is in the said 
Garrisons, and join the horse that march to be transported • or 
if then there is not shipping enough for the body of foot thai 
is to be next transported alter the horse, General Ginckell will 
order that they be furnished with carriages for that purpose 
and what provision they shall want in their march, they payin^ 
for the said provisions ; or else that they may take it out of 
their own Magazines. 

XII. That all the troops of horse and dragoons that are in 
the Counties of Cork, Kerry and Clare, shall also have the 
benefit of this Capitulation ; and that such as will pass into 



16 

France shall have quarters given them in the Counties of Clare 
and Kerry, apart from the troops that are commanded by Ge- 
neral Ginckell, uniil they can be shipped; and within their 
quarters they shall pay for every thing, except forage, and 
pasture for their horses, which shall be furnished gratis. 

XIII Those of the Garrison of Sligo, that are joined to the 
Irish Army, shall have the benefit of this Capitulation ; and 
orders shall be sent to them that are to convey them up, to 
bring them hither to Limerick the shortest way. 

XIV. The Irish Army may have liberty to transport nine 
hundred horse, including horses for the Officers, which shall 
be transported gratis ; and as for the troopers that stay behind, 
they shall dispose of themselves as they shall think fit; giving 
up their horses and arms to such persons as the General shall 
appoint. 

XV. It shall be permitted to those that are appointed to take 
care for the subsistence of the horse, that are willing to go into 
France, to buy hay and corn at the King's rates, wherever they 
can find it in the quarters that are assigned for them, without 
any let or molestation ; and to carry all necessary provisions 
out of the City of Limerick. And for this purpose the General 
will furnish convenient carriages for them to the places where 
they shall be embarked. 

XVI. It shall be lawful to make use of the hay, preserved in 
the stores of the County Kerry, for the horses that shall be 
embarked ; and if there be not enough, it shall be lawful to 
buy hay and oats wherever it shall be found, at the King's 

rales. 

XVII. That all Prisoners of War, that were in Ireland the 
28th of September, shall be set at liberty on both sides ; and 
the General promises to use his endeavour, that those that are 
in Fngland and Flanders shall be set at liberty also. 

XVIII. The General will cause provisions and medicines to 
be furnished to the sick and wounded Officers, Troopers, Dra- 
goons, and Soldiers of the Irish Army, that cannot pass into 
France at the first emharkment ; and after they are cured, will 
order them ships to pass into France, if they are willing to 
go. 

XIX. That at the signing hereof, the General wilt send a 
ship express to France; and that besides he will furnish two 
small ships of those that are now in the river of Limerick, to 
transport two persons into France,: tbat are to be sent to give 
notice of this treaty ; and that the Commanders of the said 
ships shall have orders to put ashore at the next port of France, 
where they shall make. 



XX. That all those of the said Troops, Officers, and others, 
t>f what character soever, lhal would pass into France, shall 
not be stopt upon the account of debt, or any other pretext. 

XXI. If after signing this present Treaty, and before the 
arrival of the Fleet, a French Packet-boat, or other Transport 
Ship, shall arrive from France, in any other part of Ireland, 
the General will order a passport, not only for such as must 
go on board the said ships, but to the ships to come to the 
nearest port, to the place where the troops to be transported 
shall be quartered. 

XXII. That after the arrival of the said Fleet, there shall 
be free communication and passage between it and the quarters 
of the above said troops ; and especially for all those that have 
passes from the Chief Commanders of the said Fleet, or from 
Monsieur Tameron, the Intendant. 

X-XIII. In consideration of the present Capitulation, the 
two r fowns of Limerick shall be delivered, and put into the 
hands of the General, or any other person he shall appoint at 
the time and days hereafter specified, viz. the Irish Town, ex- 
cept the Magazines and Hospital, on the day of the signing of 
these present Articles ; and as for the English Town, it shall 
remain, together with the Island, and the free passage of Tho- 
mond Bridge, in the hands of those of the Irish Army that are 
now in the Garrison, or that shall hereafter come from the 
Counties of Cork, Kerry, Clare, Sligo, and other places 
above-mentioned, until there shall be convenience found for 
their transportation. 

XXIV. And to prevent all disorders that may happen be- 
tween the Garrison that the General shafl place in the Irish 
Town, which shall be delivered to him, and the Irish troopers 
that shall remain in the English Town, and the Island, which 
they may do, until the troops to be embarked on the first fifty 
ships shall be gone for France, and no longer ; they shall en- 
trench themselves on both sides, to hinder the communication 
of the said Garrisons. And it shall be prohibited on both 
sides to offer any thing that is offensive, and the parties offend- 
ing shall be punished on either side. 

XXV. That it shall be lawful for the said Garrison to march 
out all at once, or at different times, as they can be embarked, 
with arms, baggage, drums beating, match lighted at both 
ends, bullet in mouth, colours flying, six brass guns, such as 
the besieged will chuse, two mortar pieces, and half the am- 
munition that is now in the Magazines of the said place. And 
for this purpose, an inventory of all the ammunition in the 
Garrison shall be made in the presence of any person that the 
General shall appoint, the next day after these present Ar- 
ticles shall be signed. 



78 

XXVt. All the Magazines of Provisions shall remain in the 
hands of those that are now employed to take care of the same, 
for the subsistence of those of the Irish Army that will pass 
into France ; and if there shall not be sufficient in the stores, 
for ,the support of the said troops, whilst they stay in this 
Kingdom, and are crossing the seas, that upon giving up an 
account of their numbers, the General will furnish them with 
sufficient provisions, at the King's rates ; and that there shall 
be a free market at Limerick, and other quarters where the said 
troops shall be ; and in case any provision shall remain in the 
magazines of Limerick, when the town shall be given up, it 
shall be valued, and the price deducted out of what is to be 
paid for the provisions to be furnished to the troops on ship- 
board. 

XXVII. That there shall be a Cessation of Arms, at land, 
as also at sea, with respect to the ships, whether English, 
Dutch, or French, designed for the transportation of the said 
troops, until they shall be returned to their respective harbours ; 
and that on both sides they shall be furnished with sufficient 
passports both for ships and men ; and if any Sea Commander, 
or Captain of a Ship, or any Officer, Trooper, Dragoon, Sol- 
dier, or any other person shall act contrary to this Cessation, 
the persons so acting, shall be punished on either side, and sa- 
tisfaction shall be made for the wrong that is done ; and Offi- 
cers shall be sent to the mouth of the River, of Limerick, to 
give notice to the Commanders of the English and French 
Fleets, of the present conjuncture, that they may observe the 
Cessation of Arms accordingly. 

XXVIII. That for the security of the execution of this pre- 
sent Capitulation, and of each Article, therein contained, the 
besieged shall give the following hostages And the Ge- 
neral shall give ------ 

XXIX. If before this Capitulation is fully executed, there 
happens any change in the Government, or Command of the 
Army, which is now commanded by General Ginckell ; all 
those that shall be appointed to command the same, shall be 
obliged to observe and execute what is specified in these Ar- 
ticles, or cause it to be executed punctually, and shall not act 
contrary on any account whatever. 

October 17, 1691. 

BARON DE G1NTKELL. 



79 



No. J7. 

First Proceedinqs in the Irish House of Lords to 
exclude Roman Catholic Peers from their Seats in 
that House. 

(From Journals of the Hou»e of Lords, vol. I.) 

" Friday, the Uth of October, 1692, 

" Put to the Question : What is fit to be done in the Case of 
the Popish Lords, who have right to their Writs of Summons, 
and do not qualify themselves, according to Law, to attend this 
House ? 

" Ordered, on the Question, that this House do, on Thurs- 
day Morning next, at Eleven of the Clock, resolve themselves 
into a Committee of the whole House, to consider, What is fit 
to be done in the Case of the Popish Lords, who have right to 
their Writs of Summons, and do not qualify themselves, ac- 
cording to Laic, to attend this House ?*' (Page 455.) 

NOTE — the LAW intended in this Question and Vote wax, 
the "Act for the Abrogating: the Oaths of Supremacy in Treland, 
and appointing: other Oaths/' which passed in the ENGLISH 
Parliament of Third and Fourth William and Mary, but had not 
yet received the sanction of the Parliament in IRELAND" 

" Saturday, the 29M of October, 1692. 

" t Richard Lord Viscount Mountgarrett delivered his Writt, 
kneeling, to the Lord Chancellor, who delivered it to the 
Clerk to be read, which being done his Lordship took the Oath 
of Fidelity ; and being demanded to take the other Oath and 
make and subscribe the Declaration according to the Act made 
in England, his Lordship refused so to do, declaring it was not 
agreeable to his conscience : And thereon the Lord Chancellor 
acquainted the said Lord Viscount,that he knew the consequence 
of refusing to take the said Oath and make and subscribe the 
said Declaration, was, he could not Sit in this House ; and 
ordered him to withdraw." (Page 466.) 

". Nicholas Lord Viscount Kingsland delivered his Writt, 
kneeling, to the Lord Chancellor, took both the Oaths, according 
to the Act made in England ; and being demanded to make and 
subscribe the Declaration according to the said Act, his Lord- 
ship refused to take and subscribe the said Declaration ; and 
then withdrew/' (Idem.) 

Amongst the " RULES and ORDERS to be observed in 
the Upper House of Parliament, reported by the Committee 



so 

appointed for that purpose.'* Wednesday, the 2nd November 
1692, we find the following 

" 5. Every Lord before he be admitted to SKt in the House is 
to take the Oaths and subscribe the Declaration, pursuant to 
the Act made in EnyUnd in the Third Year of King William 
and Queen Mary, intitied, An Act for Abrogating the Oath of 
Supremacy in Ireland, &C." (Page 470.) 

NOTE— This was all that was done by their Lordships in this 
a fair until the next meeting of Parliament in 169-5, when we 
find the folloicing entries. 

" Monday, the 9th of September, 1695. 

" Ordered, on motion, that it be referred to the Committee 
of Privileges, how far a Roman Qatholick Peer, not qualifying 
himself to sit in this House, and also how far a Protestant 
Nobleman, under age, shall have Privileges, and that they 
make report thereof to this House. (Page 496.) 

" Wednesday, the Wth of September, 1695. 
" Report on Privileges of Popish Peers, &c." (P, 499.) 

* The Lord Viscount VaTentia, standing at the Clerk's 
table, Reports from the Committee of Privileges, that the said 
Committee are of opinion, that a Roman Catholick Peer, not 
qualifying himself to sit in this Honourable House, ought not 
to have any Privilege of Parliament ; and that a Protestant 
Nobleman, under age, ought not to have any Privilege of Par- 
liament : And that the said Committee are likewise of opinion, 
that the Speaker of this House should order the printing of 
Arts of Parliament. 

" Ordered, that a Roman Catholick Peer, not qualifying 
himself to sit in this House, ought not to have any Privilege 
of Parliament; and that a Protestant Nobleman, under age, 
likewise ought not to have any Privilege of Parliament." 

" Thursday, the \2th of September, 1695. 

" The Lord Baron of Strabane, standing at the Clerk's 
table, reports from the Committee of the whole House, (ap- 
pointed to consider what is fit to be done in the case of the 
Protestant Lords, who have not appeared on their Writs, and 
are not excused their attendance from the service of this House : 
And also what is fit to be in the case of the Popish Lords, who 
have right to their Writs of Summons, and do not qualify 
themselves, according to Law, to attend this House,) that the 
said Committee have considered thereof, and come to this Re- 
solution : That the Speaker of this House do send his Letters 
to the respective Jjords here undernamed, and give them notice 



81 

to altenrl the service of the House, on the 25th of this instant 
September. 

John Lord Baron of Kingston Lord Viscount Mayo 

Oliver Lord Baron of Louth Lord Viscount Dowth 

Lord Baron of Trimleston Lord Viscount Mountgarrett 

Nicholas Lord Viscount Kings- Earl of Westmeath 

land Earl of Clanrickard." 
Lord Viscount Merry on (Page 500.) 

" Saturday, \2th October, 1695. 

" Richard Lord Viscount Mountgarrett delivered his Writ* 
in the accustomed manner, to the Lord Chancellor, as Speaker* 
who delivered the same to the Clerk of the House, and then his 
Lordship took the Oath of Fidelity, and being demanded to 
take the other Oath, and subscribe the Declaration, according 
to the Act made in England, his Lordship refused so to do, 
declaring it was not agreeable to his conscience, and thereon 
his Lordship is ordered to withdraw. 

" The Lord Viscount Merryon and the Lord Baron of Louth 
appear, but did not bring their Writs. 

" Ordered, That the Lord Viscount Merryon and the Lord 
Baron of Louth, do attend this House on Saturday next, at 
ten of the clock in the morning, and produce their Writs." — 
( Page 525 ) 

" Tuesday, the \5th of October, 1695. 

<l Nicholas Lord Viscount Kingsland delivered his Writ 
and then his Lordship took the Oath of Fidelity, and be- 
ing demanded to take the other Oath, and subscribe the De- 
claration his Lordship refused so to do, declaring it was 

not agreeable to his conscience, and thereon his Lordship is 
ordered to withdraw. " — (Page 526 ) 

" Saturday the 19M of October, 1695. 

" Thomas Lord Viscount Merryon delivered bis Writ 

and then his Lordship took the Oath of Fidelity, and being de- 
manded to take the other Oath, and subscribe the Declaration, 
his Lordship refused so to do, declaring it was not con- 
sistent with his Religion, and thereon his Lordship is ordered 
to withdraw. 

" Oliver Lord Baron of Louth," (declined the Oath in 

same manner) " and thereon his Lordship is ordered to 

withdraw. "—(Page 5S0.) 



82 



No. 18. 

Proceedings of the House of Lords on passing the 
Bill for the Confirmation of the Articles of 
Limerick. 

(From "Journals of the House of Lords." Vol. I. p. 629, % svq.) 

" Tuesday, the \4t/i of September, 1697. 
"Ordered, on Motion, that the engrossed Bill sent up from 
the Commons, intitled, " An Act for the Confirmation of the 
Articles of Limerick," be read first time."— (Page 629.) 

" Saturday, ISt A September, 1697. 
" Ordered, pursuant to the Order of the Day, that the en- 
grossed Bill, as above, be read second time.— Read accord- 
ingly, and committed." — (P. 631.) 

" Tuesday the 2\st of September, 1 697. 

" Lord Orrery moves from the Committee to whom the en- 
grossed Bill, as above, was referred, That a Message be sent 
to the Lords Justices, desiring their Lordships would please to 
order the Clerk of the Council, to lav before this House the 
Letter which was sent from the Lords Justices and Council of 
Ireland to the Lords Justices of England, assigning their 
reasons, why the words in the second Article of the Articles, 
made at the surrender of Limerick, were left out ? 

" Ordered, on Motion, That the Earl of Longford, Lord 
Lanesborough, the Bishop of Derry, and the Lord Baron of 
Kerry, do wait on the Lords Justices, and acquaint them, that 
this House desire their Lordships will please to command the 
reasons which the Lords Justices and Council gave the Lords 
Jusitces of England why they transmitted the Bill, without the 
additional words, may be communicated to this House, if it 
may be done without inconvenience. 

" The Earl of Lanesborough and the other Peers returned, 
and standing at the Clerk's table : Report, that they waited on 
the Lords Justices, and acquainted them," (as directed above,) 
""Who returned for answer, that their Lordships'had great 
trust and confidence in the House of Lords, yet the matter of 
their Message being new, and of great importance, they would 
return an Answer to this House as with what convenient speed 
they could. 

" The House adjourns during pleasure. 

" The House resumed. 

" Ordered, that the Report of the Committee, to whom the 
said was committed, be received." — (P. 633. j 



ha 

" The Earl of Orrery, standing at the Clerk's table, reports 
from the Committee, That they met and compared the same 
with the transmits, under the Great Seal of England, with 
which it does agree, and that it is the opinion of" the Com- 
mittee, that no Lord do move in the House of Lords for the 
reading of the said Bill the third time, until the Bill be first 
considered on in the House, paragraph by paragraph, and 
fully debated. 

" Resolved, That this House do agree with the Committee in 
the foregoing Report." — (F. 634.) 

" Thursday tlie'lZd of September, 1697. 

" The Earl of Longford, standing in his place, relates to the 
House, that he was commanded by the Lords Justices to ac- 
quaint them, that they have considered the Message sent by 
this House on Tuesday last, having found that nothing of the 
like nature hath ever been clone before, they do not believe that 
it is in their power to comply with the desire of the House* 
They can only inform the House, concerning the Bill for con- 
firming the Articles made at the Surrender of the City of Li- 
merick, that the Lords Justices of England did detain the Bill 
before them, until they had laid before the King all the diffi- 
culties that concern the same, and having received his Ma- 
jesty's pleasure that the Bill should pass in the same form it 
now is. 

4< Resolved, That the Answer of the Lords Justices, sent to 
this House by the Earl of Longford, be deemed and esteemed 
satisfactory to this House. 

" Ordered, on Motion, that the Bill sent up by the Com- 
mons, for the Confirmation of the Articles made at the Sur- 
render of the City of Limerick, be read a third time. — Read 
a third time, and passed. 

" Ordered, on Motion, that such Lords as please may enter 
their Protest to the last foregoing Vote, with their reasons. 

PROTEST. 

" We, the Lords Spiritual and Temporal, whose names are 
hereafter subscribed, do dissent from the aforesaid Vote, and 
enter our Protest against the same, for the Reasons following : 

" I. Because we think the title of the Bill doth not agree 
with the body thereof, the title being, ' An Act for the Confir- 
mation of Articles made at the Surrender of the City of Li- 
merick/ whereas no one of the said Articles is therein, as we 
conceive, fully confirmed. 

" II. Because the said Articles were to be confirmed in fa- 
vour of them to whom they were granted, but the confirmation 
of them by the Bill is such, that it puts them in a worse condi- 
tion than they were before, as we conceive. 



84 

" III. Because this Bill omits those material words, ("And 
all such as are under their protection in the said Counties/') 
which by His Majesty's Letters Patent are declared to be part 
of the second Article, and several persons have been adjudged 
within the said second Article accordingly, who will if this Sill 
pass into a Law be entirely barred and excluded from any be- 
nefit of the said second Article, by virtue of the afore-men- 
tioned words, so that the words omitted being so very material, 
and confirmed by His Majesty, after a solemn debate in 
Council, as we are informed, some express reason, as we con- 
ceive, ought to have been assigned in the Bill, in order to 
satisfy the world as to the omission. 

" IV. Because several words are inserted in the Bill, which 
are not in the Articles, and others omitted altogether, which 
alter both the sense, and meaning of some parts of the Articles 
as we conceive. 

" V. Because we apprehend that many Protestants may and 
will suffer by this Bill, in their just rights and pretensions, 
by reason of their having purchased and lent money upon the 
credit of the said Articles ; and as we conceive, in several 
other respects. 

Signed, 

'* Londonderry. John, Ossory. 

Tyrone. Thomas, Limerick. , 

Dungannon. Thomas, Killaloe. 

S. Elphin. Kerry. 

* Wm. Derry. Howth. 

Win. Clonfert. Kingston. 

Wm. Killalla. Strabane." 

(P. P. 633, 634.) 

* Note. — This William, Bishop of Derry, was the celebrated 
Doctor William King, who wrote " The State of the Protes- 
tants of Ireland, under the late King James' Government ;" a 
book teeming with the most virulent abuse against the Roman 
Catholics, but who, notwithstanding his enmity to that body, 
could not conscientiously agree to rob them of the benefits se- 
cured to them by the sacred Articles of a Treaty, and by the 
solemn engagemeut of a King. Doctor King was consecrated 
Bishop of °Derry, in Christ Church, Dublin, 25th March, 1690, 
and translated to the Archbishoprick of Dublin, by Letters 
Patent, dated 11th of March, 1702. He also entered his 
Protest against the " Act to prevent the further Growth of 
Popery." 



END OF THE DOCUMENTS. 



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