Historical Collections
Affairs in Ireland, 1646

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History of Parliament Trust

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Author

John Rushworth

Year published

1722

Pages

399-444

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'Historical Collections: Affairs in Ireland, 1646', Historical Collections of Private Passages of State: Volume 6: 1645-47 (1722), pp. 399-444. URL: http://british-history.ac.uk/report.aspx?compid=84201 Date accessed: 23 July 2014.


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Chap. XII. The State of Affairs in Ireland during the Year 1646.

Tho' the two Houses had nominated the Lord Lisle to be Lord Lieutenant General of Ireland, in the latter End of the Year 1645, and afterwards ordered that he should carry with him forty thousand Pounds for the Service of that Kingdom, yet he met with such Delays in raising the same, and other Disappointments in Things requisite to his Journey, that it was near the End of this Year 1646. before he could arrive in Ireland, for he landed at Cork on the 20th of Feb. 1646/7. and his Commission expired the 15th of April following.

In the mean Time one of the first most remarkable Occurrences in Ireland, was that grand Defeat received by the Scots under Major General Monroe, from Owen Roe Oneil and the Irish at Benburgh, and the Black Water near Charlemont, in the County of Ardmagh; touching which the said Monroe expressed himself in a Letter to the Scots Commissioners at London, as followeth.

Monro's Letter of his Defeat at Benburgh, June 5. 1646.

Right Honourable,
It being my Duty to represent unto your Honours the Condition of Affairs here touching our Army, and those of the British Army, who were engaged with us in the Service, being extraordinarily scarce of Provisions, and hearing from all Parts that the Irish had no considerable Army on Foot, for Preservation of our Quarters, it was resolved by joynt Advice to make to the Fields with a Months Provision, for to purchase Victuals or Cattle from the Enemy; So that we entred our March the second of June, being effective under Arms 3400 Foot, and eleven Troops of Horse, with fix Fieleing Pieces, and Colonel Monro was to joyn with us at Glashloch with three Troops of Horse, and 240 Musquetiers, Auchinbreck being left at Home for Defence of the Quarters; the Marquis Regiment being landed from Scotland two Days before, could not be gotten in Readiness to joyn with us. It was also condescended on by the English Commissioners and me, that the Laggan Forces should march unto Connaght immediately, to keep the Enemy busied there, who were ordained to keep Correspondency with us on all Occasions; having parted with our Commissioners the second Night of our March near Drunmore. The fourth in the Morning, I commanded forth a Party of Horse, being 72 commanded Horse-men led by the Lieutenant of my Troop, Daniel Monro, who had Direction to cross the Black-water at Benburgh to scoure the Fields, and to certifie Colonel Monro of my Rendezvous place at Glashloch June the 5. where by the Way at Armagh the Party unexpectedly foregathered with the Enemies fore Troop, and took a Prisoner of theirs, who gave Intelligence that the Enemies Army were marching that Morning from Glashloch to Quarter at Benburgh and Charlemont, which intercepted my Party from going to Colonel Monro; the Prisoner being sent to meet me, after Examination certified us the Enemies Army were effective above 5000 Foot, and twelve Troops of Horse, provided with a Fortnights Victuals. Being thus informed, I presently broke up our Night Leaguer, and marched six Miles further to Hamiltons Band four Miles from Armagb, and sent for our Party to retire upon the Army, being impossible for them to get through to Colonel Monro. Friday the fifth by four of the Clock in the Morning I marched to Armagh in View of the Enemy, thinking the nearer our Army was to theirs, to hinder them from sending any Strength to fall upon Colonel Monro, his Way lying directly towards the Enemies Quarters. And having viewed the Enemies Army in a Posture to defend the Passage at Benburgb, which being hard for us to force by Reason of the Straitness of the Pass, the Enemy being Master of the Bridge and of the Ford, very advantagions for him; presently I conveened the Officers of the Army, to consult what was best for us to undertake, where by joint Advice it was resolved to march with the Army in the Enemies View to Kinnard, to cross the Water there, and so to draw the Enemy from his Advantage, and from Colonel Monro, his Party being but weak, which being effectuated we were betwixt the Enemy and his Victuals, having gained the Pass at Kinnard without Dispute, and had the Enemy betwixt us and our Party, and our Baggage secured in our Rear; all our Army both Foot and Horse did earnestly covet fighting which was impossible for me to gainstand, without being reproached of Cowardise; And therefore having provided our selves for Battel, and that orderly, with Resolution we advanced towards the Enemy about six a Clock at Night, and beat in their commanded Men and fore Troops to their Army, where they stood ready in Battel to receive us. Lieutenant Colonel Cuning ham with 500 commanded Men cleared the Passage for our Horesmen to advance, who were commanded then in Absence of Colonel Moure, by the Lord Viscount of Ardes; The Army followed up after the Fielding Pieces, and drew up in Battel forth against the Enemy, who had possessed themselves with the advantagions Ground, where their Foot were covered with Scrogs and Bushes; the Service begun hot on both Sides, continued from six a Clock at Night till after Sun set. The Enemy could not get charged on our left or right Wing, having the Blackwater on the Right-Hand, and a marrish Bog on the left Wing, and we being drawn up in the Plain, having our Pieces before us and our Horsemen behind our Reserve, and it being impossible for the Enemy to charge us but in our Van, our Horsemen could receive them marching up, and charging through the Intervals, betwixt the Brigades of Foot. About Sun-set I perceived the Enemy making ready for a general Assault, first with his Foot, and his Horse coming up behind his Foot to second them, I had given Order to a Squadron of our Horse to break through them before they should advance to our Foot; that Squadron of Horse consisting for the most Part of Irish Riders, although under the English Command, did not charge, but retreated disorderly through our Foot, making the Enemies Horse for to follow them, at least one Squadron; notwithstanding thereof our Foot stood to it, and received the Enemies Battalions Body to Body with push of Pike, till at last our second Squadron of Horse charged the Enemies Horse, and fell pell-mell amongst our Foot, who being carried in Disorder, had no Way of Retreat but to wade the Black-water where it was scarce fordable and by that Means and the Darkness of the Night many of our Foot escaped with the Loss of some few Officers, six Field-Pieces, and some Colour so that by all Appearance the Irish under the Lesnegarvey Horsemen had a Purpose to betray the Army by their running away, leaving the Foot to be cut down, who were also deserted by the Rest of the Horse after retiring from their last Charge; the Enemy falling on our Baggage, the Baggage Horses being all gone, the Enemy loved the Spoil better than to prosecute the Victory. So that we lost of the Foot at the nearest Conjecture five or six, hundred, and twenty Officers were taken Prisoners, the Lord of Ardes being one, we lost also many Arms, by Reason the Soldiers had above 50 Miles to retire. And notwithstanding of all our Losses, the Enemy as yet (praised be God) hath not attempted to prosecute his Victory within our Quarters, and Col. Monro with his Party miraculously retreated Home from the Enemy, who viewed them, without the Loss of a Man. And now we are making up our Forces again, having not lost of our Horsemen above thirty, and one Cornet who was killed; we are both scarce of Arms and Victuals, and for ought I can understand, the Lord of Hosts had a Controversy with us to rub Shame on our Faces, as on other Armies, till once we shall be humbled; for a greater Confidence did I never see in any Army than was amongst us, and we behooved to taste of Bitterness as well as others of both Nations; but praised be God, being now humbled before God, we increase in Courage and Resolution; so according to your Interest in us and in the poor Inhabitants in this Province, use some speedy Means to supply us. Thus recommending your Lordships and all your weighty Affairs to the Protection of the Almighty, I humbly take my leave.

ROBERTMONRO.

Carick-fergus the 11th of June.

About the same time a Party of our Country Men in Connaght incountred with a commanded Party of Preston's Army, where the Enemy lost five hunred Men, besides twenty Officers that were taken Prisoners, whereof General Major Taaff was the special, with whom and such others as I have Prisoners of theirs, we intend to relieve the Lord Ardes and other of our Friends.

But other Relations make Monro's loss much greater, viz. near 5000 kill'd and taken, and as many Arms lost; the Lord Montgomery, alias Viscount of Ardes taken, his Lieutenant of Horse mortally wounded, many Officers kill'd, &c. And it was generally concluded, that if the Irish Rebels had had the Courage or Policy to have prosecuted this great Victory, they might have destroyed all the Scotch Quarters, and bid fair for the Town they then possessed; but instead thereof Owen Roe marched with the Prisoners and Colours in Triumph to Kilkenny, and thereby gave the Brittish Forces a breathing-time to recruit.

And now the Peace between his Majesty's Lieutenant the Marquiss of Ormond, and the Commissioners of the Confederate Roman Catholicks, was after a tedious Treaty concluded, upon the following Articles, and proclamed thus.

By the Lord Lieutenant and Council.

Proclamation of Peace with the Irish, July, 30.

ORMOND.
Whereas Articles of Peace are made, concluded, accorded and agreed upon, by and between Us, James Lord Marquess of Ormond, Lord Lieutenant General, and General, Governor of his Majesty's Kingdom of Ireland, his Majesty's Commissioners to Treat and Conclude a Peace with his Majesty's Roman Catholick Subjects of the said Kingdom, by Virtue of his Majesty's Commission under the great Seal of England, bearing Date at Bukingham on the 24. Day of June, in the Twentieth Year of his Reign, for, and on the behalf of His most Excellent Majesty of the one part, and Donogh Lord Viscount Muskery and others, appointed and authorized by his Majesty's said Roman Catholick Subjects, by virtue of an Authority of the said Roman Catholick Subjects, bearing Date the sixth Day of March 1645. and in the 21. Year of his Majesty's Reign, of the other part, a true Copy of which Articles of Peace is hereunto annexed, We the Lord Lieutenant and Council do by this Proclamation in his Majesty's Name publish the same, And do, in his Majesty's Name, strictly Charge and Command all his Majesty's Subjects, and all others inhabiting or residing within his Majesty's said Kingdom of Ireland, to take Notice thereof, and to render due Obedience to the same in all the Parts thereof.

And as his Majesty hath been induced to this Peace out of a deep Sense of the Miseries and Calamities brought upon this his Kingdom and People, and out of a Hope conceived by his Majesty that it may prevent the further Effusion of his Subjects Blood, redeem them out of all the Miseries and Calamities under which they now suffer, restore them to all Quietness and Happiness under his Majesty's most gracious Government, deliver the Kingdom in general from those Slaughters, Depredations, Rapines and Spoils which always accompany a War, encourage the Subjects and others with Comfort to betake themselves to Trade, Traffick, Commerce, Manufacture, and all other things which uninterrupted may increase the Wealth and Strength of the Kingdom, beget in all his Majesty's Subjects of this Kingdom, a perfect Unity amongst themselves, after the too-long continued Division amongst them: So his Majesty assures himself that all his Subjects of this his Kingdom (duly considering the great and inestimable Benefits which they may find in this Peace) will with all Duty render due Obedience thereunto. And we, in his Majesty's Name do hereby Declare, That all Persons so rendring due Obedience to the said Peace, shall be protected, cherished, countenanced and supported by his Majesty and his Royal Authority, according to the true intent and meaning of the said Articles of Peace.

Given at His Majesty's Castle of Dublin, the thirtieth Day of July, 1646.

  • Ri. Bolton, Canc.
  • Roscomon. Dillon.
  • Cha. Lambart.
  • Gerrard Lowther.
  • Fr. Willoughby.
  • Robert Forth.
  • God save the King.
  • La. Dublin.
  • Geo Cloyne.
  • Arthur Chichester.
  • Hen. Tichborn.
  • Tho. Lucas.
  • Ja. Ware.

The Articles of the Peace with the Irish 1646.

Articles of Peace made, concluded, accorded, and agreed upon, by and between his Excellency James Lord Marquess of Ormond, Lord Lieutenant General, and General Governour of his Majesty's Kingdom of Ireland, his Majesty's Commissioner to Treat and Conclude a Peace with his Majesty's Roman Catholick Subjects, of the said Kingdom, by Virtue of his Majesty's Commission under the Great Seal of England, bearing Date at Buckingham, the 24. Day of June, in the twentieth Year of his Reign, for and on the behalf of his most Excellent Majesty, of the one Party; And Richard Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Robert Talbot Baronet, Dermot O Bryen, Patrick Darcy, Geffery Brown, and John Dillon, Esquires, appointed and authorized by his Majesty's said Roman Catholick Subjects, by virtue of an Authority of the said Roman Catholick Subjects, bearing Date the sixth Day of March, Anno Domini, One thousand six hundred forty five, and in the twenty one Year of his Majesty's Reign, authorizing them and others, or any four or more of them, to Treat and Conclude a Peace in the said Kingdom of Ireland, with his Majesty's said Commissioner, for and in the behalf of his Majesty's said Roman Catholick Subjects on the other Party.

I Mprimis, It is concluded, accorded and agreed upon, by his Majesty's said Commissioner, for and on the behalf of his most Excellent Majesty and the said Richard Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Robert Talbot Baronet, Dermot O Eryen, Patrick Darcy, Geffery Brown, and John Dillon, Esquires, on the behalf of the said Roman Catholick Subjects; And his Majesty is graciously pleased, that it shall be provided by Act of Parliament to be passed in the next Parliament to be held in this Kingdom, That the Professors of the Roman Catholick Religion in the said Kingdom, or any of them, be not bound or obliged to take this Oath expressed in the Statute of Secundo Eliz. commonly called the Oath of Supremacy, And that the said Oath shall not be tendred unto them, and that the refusal of the said Oath shall not redound to the prejudice of them, or any of them, they taking the Oath of Allegiance, In hæc verba. I A. B, do truly acknowledge, confess, testifie, and declare in my Conscienee before God and the World, That our Soveraign Lord King CHARLES is Lawful and Rightful King of this Realm, and of other his Majesty's Dominions and Countries, and I will bear Faith and true Allegiance to his Majesty, and his Heirs and Successors, and him and them will defend to the uttermost of my Power against all Conspiracies and Attempts whatsoever, which shall be made against his or their Crown 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 Governour for the time being, all Treasons or Trayterous Conspiracies, which I shall know or hear to be intended against his Majesty or any of them; and I do make this Recognition and Acknowledgment heartily, willingly, and truly, upon the true Faith of a Christian. So help me God. &c. 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 Benefice according to the Form new used in the Protestant Church of Ireland, That the Freedom and Exemption aforesaid shall not extend to any such Roman Catholick; Or if any being Protestant, be advanced, promoted or presented to any Ecclesiastical 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, he be for that Cause left subject to privation of the said Benefice, Dignity or Promotion, according to the said Statute; And it is further concluded, accorded and agreed, by and between the said Parties, that for all Matters concerning the first Proposition of the said Catholicks, 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 Catholicks to be allowed the Freedom of the Roman Catholick Religion. That his Majesty's said Roman Catholick Subjects be referred to his Majesty's gracious Favour and further Concessions: And that no Clause in these Articles shall or may hinder his Majesty's said Roman Catholick Subjects, or any of them from the Benefit of his Majesty's further Graces and Concessions; And that no use shall be made of the Papers past on this Treaty, or any of them, concerning the said first Proposition, which may in any sort hinder the said Roman Catholick Subjects, or any of them, from his Majesty's further Concessions And that his Majesty's said Commissioner and other chief Governour or Governours 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.

2. Item, It is further concluded, accorded and agreed upon, by and between the said Parties, and his Majesty is graciously pleased to call a new Parliament to be held in this Kingdom, on or before the last Day of November next ensuing, and that all Matters agreed on by these Articles to be passed in Parliament, shall be transmitted into England, according 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 Majesty's Protestant Party, or their Adherents, or to any of his Majesty's Roman Catholick Subjects Party or their Adherents, other than such things as upon this Treaty shall be concluded to be done, or such things as may be proper for the Committee of 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 Governour for the time being, during the said Parliament, for the Advancement of his Majesty's Service, and the Peace of the Kingdom, which Clause is to admit no Construction, which may trench upon these Articles or any of them.

3. Item, It is further concluded, accorded and agreed upon, by and between the said Parties, And His Majesty is further graciously pleased, that all Acts, Ordinances, and Orders made by both or either Houses of Parliament, to the Blemish, Dishonour, or Prejudice of his Majesties Roman Catholick Subjects of this Kingdom, or any of them, sithence the 7. of August, 1641. shall be vacated, and that the same, and all Exemplifications, and other Acts, which may continue the memory of them, be made void by Act of Parliament.

4. Item, It is further concluded, accorded and agreed upon, by and between the said Parties, And His Majesty is further graciously pleased, that all Indictments, Attainders, Outlawries in this Kingdom, and all the Processes and other Proceedings thereupon, and all Letters Patents, Grants, Leases, Custodiams, Bonds, Recognizances, and all Records, Act or Acts, Office or Offices, Inquisitions, and all other things depending upon, or taken by reason of the said Indictments, Attainders or Outlawries, sithence the 7. of August, 1641. 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, Administrators or Assigns, or any of them, or the Widows of them or any of them, and that to be done immediately after concluding of these Articles, and at furthest before the first day of October next; Or in Case the said new Parliament be called sooner than the said last day of November, 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 Mesnerates or Wastes, saving wilful Wastes committed after the first of November, 1645.

5. Item, It is further concluded, accorded and agreed upon, by and between the said Parties, And his Majesty is further graciously pleased, that all Debts do stand in state as they were in the Beginning of those Troubles, and that no Grant or Disposition made, or to be made thereof, by Virtue or Colour of any Attainder, Outlawry, Fugacy or other Forfeiture whatsoever, or otherwise, shall be of Force, and this to be passed as an Act in the said next Parliament.

6. Item, It is concluded, accorded and agreed, by and between the said Parties, and his Majesty is graciously pleased, that for the securing of the Estates or reputed Estates, of the Lords, Knights, Gentlemen and Freeholders, or reputed Freeholders, as well of Connaught, and County of Clare, or Country of Thomond, as of the County of Limerick and Tipperary, the same to be secured by Act of Parliament, according to the Intent of the 25 Article of the Graces, granted in the fourth Year of his Majesty's Reign, the Tenor whereof for so much as concerneth the said Proposition, doth ensue in these Words, viz. We are graciously pleased, that for the securing of the Inhabitants of Connaught, and Country of Thomond, and County of Clare, that their several Estates shall be confirmed unto them and their Heirs, against Us, and our Heirs and Successors, by Act to be passed in the next Parliament to be holden in Ireland, to the End the same may never hereafter be brought into any further Question by Us, Our Heirs and Successors; In which Act of Parliament so to be passed, you are to take Care, that all 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 Tear of King Henly the Eighth, or found by any Office taken from the said first Tear of King Henly the Eighth, until the 21. of July, 1615. Whereby our late dear Father, or any His Predecessors actually received any Profit, by Wardship, Liveries primer Seisins, Mesne-rates, Custer le mains, or Fines of Alienations without License, be again resaved unto Us, Our Heirs and Successors; and all the rest of the Premises to be holden of our Castile 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 21. of July, 1615. And not appearing in any, such Letters patents, or Offices; within which Rule it is his Majesty's Pleasure, and it is so concluded and agreed, that the said Lands in the Counties of Limerick and Tipperary, be included, but to be held by such Rents and Tenures only as they were in the fourth Year of his Majesty's Rents: Provided always, and it is the Intention of the said Parties to these Presents, that the said Lords, Knights, Gentlemen and Freeholders, or reputed Freeholders, of the said Province of Connaught, County of Clare, and Country of Thomond, and Counties of Tipperary and Limerick, shall have and enjoy the full Benefit of such Composition and Agreement, which shall be made with his most Excellent Majesty for the Court of Wards, Tenures, Respites and Issues of Homage, any Clause in this Article contained to the contrary notwithstanding; And as for 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 he considered in the next intended Parliament, wherein his Majesty will assent unto that which shall be just and honourable; And it is further concluded and agreed, by and between the said Parties, and his Majesty is further graciously pleased, that the like Act of Limitation of his Majesty's Titles for the Security of the Estates of his Subjects of this Kingdom, be passed in the said Parliament, as was Enacted in the 21. Year of his late Majesty King James his Reign in England.

7. Item, It is further concluded, accorded and agreed upon, by and between the said Parties, And his Majesty is further graciously pleased, that all Incapacities, imposed upon the Natives of this Kingdom, or any of them as Natives, by any Act of Parliament, 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 Courts, in or near the City of Dublin, and that such Students, Natives of this Kingdom, as shall be therein, may take and receive the usual Degrees accustomed in any Inns of Court, they taking the ensuing Oath, viz. I A B do truly acknowledge, profess and declare in my Conscience, before God and the World, that our Sovereign Lord King Charles is Lawful and Rightful King of this Realm, and of other his Majesty's Dominions and Countries, and I will bear Faith and true Allegiance to his Majesty, and his Heirs and Successors, and him and them will defend to the uttermost of my Power, against all Conspiracies and Attempts whatsoever, which shall be made against his or their Crown and Dignity; and do my best endeavour to disclose and make known to his Majesty, his Heirs and Successors, or to the Lord Deputy or Governors for the time being all Teasons or Traiterous Conspiracies which I shall know, or hear to be intended against his Majesty or any of them; and I do make this Recognition and Acknowledgment heartily, and willingly, and truly, upon the true Faith of a Christian: So help me GOD. And that they may erect one or more Universities, to be governed by such Rules and Orders as his Majesty shall appoint: And it is further concluded and agreed, by and between the said Parties, and his Majesty is graciously pleased, that the said Roman Catholick Subjects may erect and keep free-Schools for Education of Youth in this Kingdom, any Law or Statute to the contrary notwithstanding; all the Matters of this Article to be passed as Acts of Parliament in the said next Parliament.

8. Item, It is further concluded, accorded and agreed upon, by and between the said Parties, and his Majesty is graciously pleased, That Places of Command, Honour, Profit, and Trust in his Majesty's Armies in this Kingdom, shall be upon Perfection of these Articles actually, and by particular Instances conferred upon his Roman Catholick Subjects of this Kingdom; And that upon the Distribution, conferring and disposal of the Places of Command, Honour, Profit and Trust in his Majesty's Armies in this Kingdom for the future no difference shall be made between the said Roman Catholicks, and other his Majesty's Subjects, but that such Distribution shall be made with equal indifferency, according to their respective Merits and Abilities; And that all his Majesty's Subjects, of this Kingdom, as well Roman Catholicks as others, shall for his Majesty's Service and their own Security, arm themselves the best they may, wherein they shall have all sitting Encouragement; and that Places of Command, Honour, Profit and Trust in Civil Government in this Kingdom, shall be, upon passing of the Bills, in these Articles mentioned, in the next Parliament, actually and by particular instances conferred upon his Majesty's Roman Catholick Subjects of this Kingdom; And that in the Distribution, conferring and disposal of the Places of Command Honour, Profit and Thrust, in the Civil Government for the future, no difference shall be made between the said Roman Catholicks and others his Majesty's Subjects, but that such Distribution shall be made with equal indifferency, according to their respective Merits, and Abilities, and that in the Distribution of Ministerial Offices, or Places which now are or hereafter shall be void in this Kingdom, equality shall be used to the Roman Catholick Natives of this Kingdom, as to other his Majesty's Subjects; That the Command of Forts, Castles, Garrisons, Towns, and other Places of importance in this Kingdom, shall be conferred upon his Majesty's Roman Catholick Subjects jects of this Kingdom upon perfection of these Articles, actually and by particular Instances, and that in the Distribution, conferring and disposal of the Forts, Castles, Garrisons, Towns and other Places of Importance in this Kingdom, no difference shall be made between his Majesty's Roman Catholick Subjects of this Kingdom, and other his Majesty's Subjects, but that such distribution shall be made with equal indifferency, according to their respective Merits and Abilities.

9. Item. It is further concluded, accorded, and agreed upon, by and between the said Parties, and his Majesty is further graciously pleased, That his Majesty will accept of the yearly Rent or annual Sum of Twelve Thousand Pounds Sterling, to be applotted with indifferency and equality, and consented to be paid to his Majesty his Heirs and Successors in Parliament, for and in lieu of the Court of Wards in this Kingdom, Tenures in Capite, common Knights-service, and all other Tenures within the Cognizance of that Court, and for and in lieu of all Wardships, primer Seisins, Fines, Ousterlemains, Liveries, Intrusions, Alienations, Mesne-rates, 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 accrue to his Majesty, by reason of the said Tenures or any of them, and for, and in lieu of Respites, and Issues of Homage, and Fines for the same; And the said yearly Rent being so applotted and consented unto in Parliament as aforesaid, then a Bill is to be agreed on in the said Parliament, to be passed as an Act, for the securing of the said yearly Rent, or annual Sum of Twelve Thousand Pounds, to be applotted as aforesaid, and for the Extinction and taking away of the said Court, and other Matters aforesaid in this Article contained; And it is further agreed, that reasonable Compositions shall be accepted for Wardships fallen, since the 23. of October 1641. and already granted; And that no Wardships fallen, and not granted, or that shall fall, shall be past, until the success of this Article shall appear; And if his Majesty be secured as aforesaid, Then all Wardships fallen since the said 23. of October, are to be included in the Agreement aforesaid, upon Composition to be made, with such as have Grants as aforesaid, which Composition to be made, with the Grants since the time aforesaid, is to be left to indifferent Persons, and the Umpirage to the said Lord Lieutenant his Majesty's Commissioner.

10. Item, It is further concluded, accorded and agreed, by and between the said Parties, and his Majesty is further graciously pleased, that no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more Proxies than two, and that blank Proxies shall be hereafter totally disallowed, and that if such Noblemen or Peers of this Realm as have no Estates in this Kingdom do not within five Years, to begin from the conclusion of these Articles, Purchase in this Kingdom as followeth, viz. A Lord Baron two hundred Pounds per annum, a Lord Viscount four hundred Pounds per annum, and an Earl fix hundred Pounds ster. 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.

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

12. Item, It is further concluded, accorded and agreed, by and between the said Parties, and his Majesty is further graciously pleased, That the Council Table shall contain it self within its proper Bounds in handling Matters of State and Weight fit for that Place, amongst which, the Patents of Plantation, and the Offices whereupon those Grants are founded, are to be handled as Matters of State, and be heard and determined by the Lord Lieutenant or other chief Governour or Governours 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 not hereafter intermeddle with common Business that is within the Cogninzance of the ordinary Courts, nor with the altering of Possessions of Lands, nor make, nor use private Orders, Hearings, or References concerning any such Matter, nor grant any Injunction or Order for Stay of any Suits in 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 Majesty's Courts of Justice or Equity, for Remedy; of their pretended Rights without any restraint or interruption from his Majesty, or otherwise by the chief Governour or Governours and Council of this Kingdom.

13.Item, It is further concluded granted and agreed, by and between the said Parties, and his Majesty is further graciously pleased, that as for and concerning one Statute made in this Kingdom in the eleventh Year of the Reign of Queen Elizabeth, intituled, An Act for staying of Wool, Flocks, Tallow, and other Necessaries within this Realm, and one other Stature made in the said Kingdom in the 12 Year of the said Queen, intituled, An Act, - - - - -And one other Statute, made in the said Kingdom in the 13 Year of the Reign of the said late Queen, intituled, An Explanation of the Act made in a Session of this Parliament for the 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 Woollfells, and that such indifferent Persons as shall be agreed on by the said Lord Lieutenant, and the said Lord Visc. Mountgarret, Donogh Lord Viscount Muskery, Sir Daniel O Bryen Knight, Sir Lucas Dillon Knight, Nicholas Piunket, Richard Bellings, Phillip Mac High Rely, Tirlogh O Neal, Thomas Fiemming, Patrick Darcy, Garrald Fennel, and Geffery Brown Esquires, or any five or more of them, shall be authorized by Commission under the Great Seal, to Moderate arid Ascertain the Rates of Merchandise to be exported, or imported, out of, or into this Kingdom, as they shall think fit.

14.Item, It is further concluded, accorded and agreed, by and between the said Parties, and his Majesty is further graciously pleased, that care be had, that the chief Governour, or Governours 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.

15.Item, It is further concluded, accorded and agreed, by and between the said Parties, and his Majesty is further graciously pleased, that an Act of Oblivion shall be passed in the next Parliament, to extend unto all his Majesties Subjects of this Kingdom and their Adherents, of all Treasons and Offences, Capital, Criminal and Personal, and other Offences of what Nature, Kind, or Quality soever, in such manner, as if such Treasons or Offences had never been committed, perpetrated, or done, That the said Act do extend to the Heirs, Children, Kindred, Executors, Administrators. Wives, Widows, Dowagers, and Assigns of such of the said Subjects, and their Adherents, who died on, or since the 23. 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 Politcik, and Corporate, and their respective Successors and unto all Cities, Boroughs, Countries, Baronies, Hundreds, Towns, Villages, Tythings, 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 23 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 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, Countries, Cities, Boroughs, Baronies, Hundreds, Towns, Villages, Tythings, or any of them within this Kingdom, included within the said Act, be troubled, impeached, sued, inquieted, or molested, for, or by reason of any Offence, Matter or Thing whatsoever, comprized within the said Act, and the said Act shall extend to all Rents, Goods and Chattels taken, detained, or grown due, to the Subjects of the one side to the other, since the 23 of October 1641. to the Date of these 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 23 of October 1641. until the perfection of these Articles, and likewise to all Mesne-rates, Fines, of what nature soever, Recognizances, Judgments, Executions thereupon, and Penalties whatsoever, and to all other Profits due to his Majesty since the said 23. of October and before until this present, for, by reason, or which lay within the survey or cognizance of the Court of Wards; and also to all Respites, Issues of Homage, and Fines for the same; Provided this shall not extend to discharge or remit any of the King's Debts, or Subsidies, due before the said 23 of October 1641. which were then, or before, levyed, 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 such Persons may be brought to Account 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 Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Daneil O Bryen Knight, Sir Lucas Dillon Knight, Nicholas Plunket, Richard Bellings, Phillip Mac Hugh Reley, Terlogh O Neal, Thomas Fleming, Patrick Darcy, Gerald Fennel, and Geffery Brown Esquires, or any five or more of them, as to the Actors, and Procurers thereof, be left to be tried and adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant, and the said Lord Viscount Mountgarret, Donogh Lord Visc. Muskery, Sir Daniel O Bryen Knight, Sir Lucas Dillon Knight, Nicholas Plunket, Richard Bellings, Phillip Mac Hugh O Reley, Terlogh O Neal, Thomas Flemming, Patrick Darcy, Gerald Fennel, and Geffery Brown Esquires, 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 Commissioners 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 Cases; And his Majesty's Chief Governour, or Governours, and other Governours and Magistrates for the time being, and all his Majesty's Courts of Justice, and other his Majesty's Officers, of what Condition or Quality soever, be bound and required to take Notice of, and pursue the said Act of Oblivion, without Pleading or Suit to be made for the same; And that no Clerk or other Officers do make out, or write out, any manner of Writs, Processes, Summons, or other Precepts, 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 Sherift or other Officer do execute any such Writ, Process, Summons, or Precept; And that no Record, Writing, or Memory, do remain of any Offence or Offences, released, or forgiven, or mentioned to be forgiven by this Act. And that all other Causes usually inserted in Acts of General Parden or Oblivion, enlarging his Majesty's Grace, and Mercy, not herein particularized, be inserted 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, Fellony, or other Offence or Offences, which shall be committed or done from or after the Date of these Articles, until the first Day of the before mentioned next Parliament to be held in this Kingdom; Provided also, that any Act or Acts which shall be done by Virtue, Pretence or in Pursuance, of these Articles or any of them, after the Publication of the said Articles, or any Act or Acts which shall be done by Virtue, Colour, or Pretence, of the Power, or Authority used, or exercised, by 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, Fellony, or other Offence, to be excepted out of the said Act of Oblivion; Provided likewise that the said Act of Oblivion shall not extendunt any Person or Persons, that will not obey and submit unto the Peace, concluded, and agreed on, by these Articles.

16. Item, It is further concluded, accorded and agreed, by and between the said Parties, and his Majesty is further graciously pleased, that an Act be passed in the next Parliament, prohibiting that neither the Lord Deputy, or other chief Governor, Governors, Lord Chancellor, Lord High Treasurer, Vice Treasurer, Chancellor, or any of the Barons of the Exchequer, Privy Council, or Judges of the four Courts, be Farmers of his Majesty's Customs within this Kingdom.

17. Item, It is further concluded, accorded, and agreed, by and between the said Parties, and his Majesty is further graciously pleased, that an Act of parliament pass in this Kingdom against Monopolies, such as was enacted in England 21. Jacobi Regis, with a further Clause of repealing of all Grants of Monopolies in this Kingdom, and that Commissioners be agreed upon by the said Lord Lieutenant, and the said Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Daniel O Bryen, Knight, Sir Lucas Dillon, Knight, Nicholas Plunket, Richard Bellings, Philip Mac Hugh O Rely, Terlogh O Neale, Thomas Fleming, Patrick Darcy, Gerrald Fennell, and Giffery Brown Esquires, or any five or more of them, to set down the Rates for the Custom, or Imposition to be laid on Aqua-vita, Wine, Oyl, Yarn, and Tobacco.

18. Item, It is further concluded, accorded and agreed, by and between the said Parties, and his Majesty is further graciously pleased, that such Persons as shall be agreed on by the said Lord Lieutenant, and the said Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Daniel O Bryen Knight, Sir Lucas Dillon, Knight, Nicholas Plunket, Richard Bellings, Philip Mac Hugh Rely, Terlogh O Neale, Thomas Fleming, Patrick Darcy, Gerrald Fennell, and Geffery Brown, Esquires, or any five or more of them, shall be upon Conclusion of these Articles, 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.

19. Item, It is further concluded, accorded, and agreed, by and between the said Parties, and his Majesty is further graciously pleased, that two Acts lately passed in this Kingdom, prohibiting the Plowing with Horses by the Tail, and the other prohibiting the burning of Oats in the Straw, be repealed.

20. Item, It is further concluded, accorded and agreed, by and between the said Parties, and his Majesty is further graciously pleased, that upon perfection of these Articles such Course shall be taken against such 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.

21. Item, It is further concluded, accorded and agreed, by and between the said Parties, and his Majesty is further graciously pleased, forasmuch as upon Application of Agents from this Kingdom unto his Majesty in the fourth Year of his Reign, and lately upon humble Suit made unto his Majesty by a Committee of both Houses of the Parliament of this Kingdom, Order was given by his Majesty for Redress of several, Grievances, and for so many of those as are not expressed in these Articles, whereof both Houses in the next ensuing Parliament shall desire the Benefit of his Majesty's said former Directions for Redresses therein, that the same be afforded them, yet so, as for Prevention of Inconveniences to his Majesty's Service, that the Warning mentioned the 21 Article of the Graces, in the fourth Year of his Majesty's Reign, be so understood, that the Warning being left at the Persons dwelling Houses, be held sufficient Warning, and that, as to the 22. Article of the said Graces, the Process hitherto used in the Court of Wards do still 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.

22. Item, It is further concluded, accorded and agreed, by and between the said Parties, and his Majesty is farther graciously pleased, that Maritine Causes may be determined in this Kingdom, without driving of Merchants or others to appeal, and seek Justice elsewhere; and if it shall fall out that there be a 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.

23. Item. It is further concluded, accorded and agreed, by and between the said Parties, and his Majesty out of his abundant Grace and Goodness to his Subjects of this Kingdom is graciously pleased to assent, that his said Subjects be eased of the Increase of Rents lately raised on them upon the Commission of defective Titles, in the Earl of Strafford's Government, this to be by Act of Parliament.

24. Item, It is further concluded, accorded, and agreed upon, by and between the said Parties, and his Majesty is further graciously pleased, that by Act to be passed in the next Parliament, all the Arrears of Interest of Money which did accrue, or grow due by Way of Debt, Mortgage, or otherwise, and yet not satisfied, since the 23 of October, 1641. until the Perfection of these Articles shall be fully forgiven and be released; and that for and during the Space of three 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.

25. Item, It is concluded, accorded, and agreed, by and between the said Parties, and his Majesty is graciously pleased, that the said Richard Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Daniel O Bryen Knight, Sir Lucas Dillon Knight, Nicholas Pluncket, Richard Bellings, Philip Mac Hugh O Rely, Terlogh O Neale, Thomas Fleming, Patrick Darcy, Gerrald Fennell, and Geffery Brown Esquires, shall be immediately upon Conclusion of these Articles, authorized by Act of State to proceed in, hear, determin, and execute within the Cities, Corporate Towns, Counties, and Part of Counties, now, or late, within the Quarters of the said Confederate 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 without Revocation, Alteration, or Diminution, until Acts of Parliament 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 Governour, or Governours of this Kingdom for Time being, shall by the Advice and Consent of the Persons so to be authorized, then living, or any five or more of them, name others in the Place of such who shall be so dead, and the Persons so to be named, to be authorized as the former, and that the Persons to be authorized as aforesaid, or any five or more of them be permitted without Interruption to applot, raise and levy Means with Indifferency and Equality, upon all his Majesties Roman Catholick Subjects of this Kingdom, for the raising, cloathing, 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 by such as they, or any five or more of them shall name and appoint, and that the said Persons to be authorized as aforesaid, or any five or more of them shall have Power to applot, raise, and levy Means with Indifferency and Equality, by Way of Excises, or otherwise, in the several Cities, Corporate Towns, Counties, and Parts of Counties now within the Quarters of the said Confederate Catholicks, towards the Maintenance of such Army or Armies as shall be thought fit to continue, and be in Pay, for the Defence of the Kingdom, and towards the Maintenance of all the Forts, Castles, and Garrisons within both, or either of the now Quarters of either Party, other than such of the said Garrisons, Forts, and Castles, as from Time to Time, until there be a Settlement in Parliament, shall be thought fit by his Majesties chief Governour, or Governours 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 Governours for the Time being, be first made acquainted with such Taxes, Levies, and Excises as shall be made, and the Manner of levying thereof, and that he approve the same, and that the Persons to be authorized as aforesaid or any five or more of them, shall be authorized to appoint Receivers, Collectors, and all other Officers, for such Monies as shall be so assessed, and for the Anears 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 Refractoriness, 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 Confederate Catholicks, of such as shall adhere to the Parliament, and not submit to the Peace, be accounted as publick Dues, and be converted to the Maintenance of the Kings Army: And that the said Persons to be authorized as aforesaid, or any five or more of them, shall have Power to applot, raise, and levy Means with Indifferency and Equality, for the buying of Arms and Ammunition, and for entertaining of Frigots, in such Proportion and Manner as shall be thought fit by his Majesties Lieutenant, or other chief Governour, or Governours, for the Time being, by and with the Advice and Consent of the said Richard Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Darnel O Bryen Knight, Sir Lucas Dillon Knight, Nicholas Plunket, Richard Bellings, Philip Mac Hugh O Rely, Terlogh O Neale, Thomas Fleming, Patrick Darcy, Gerrald Fennell and Geffery Brown, Esquires, or any five or more of them: The said Arms and Ammunition, to be laid up in such Magazines, and under the Charge of such Persons as shall be agreed, by the said Lord Lieutenant, and the said Persons to be authorized as aforesaid, or any five or more of them, and to be issued, and the said Frigots to be employed, by the Lord Lieutenant, or other chief Governour, or Governours for the Time being, for the Safety of the Kingdom, by the Advice and Consent of the said Richard Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Daniel O Bryen, Sir Lucas Dillon, Nicholas Plunket, Richard Bellings, Philip Mac Hugh O Rely, Terlogh O Neale, Thomas Fleming, Patrick Darcy, Gerrald Fennell, and Geffery Brown, or any five or more of them: And that the said Persons so to be authorized as aforesaid, or any five or more of them shall have Power to applot, raise, and levy Means with Indifferency and Equality, by Way of Excises, or otherwise, in the several Cities, Corporate Towns, Counties, and Parts of Counties, new 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 authorized as aforesaid, or any five or more of them, to be really due, for, and in Discharge of the publick Engagements of the said Confederate Catholicks, incurred or grown due before the Conclusion of these Articles, and that the said Persons to be authorized as aforesaid, or any five or more of them, shall have Power to applot, raise, and levy Means with Indifferency and Equality, by Way of Excise, or otherwise, in the several Cities, Corporate Towns, Counties, and Parts of Counties, now within the Quarters of the said Confederate Catholicks, as well for the Persons to be authorized as aforesaid, and also for such other Person and Persons as shall be employed in publick Affairs within the several Cities, Corporate Towns, Counties, and Parts of Counties within the now Quarters of the said Confederate Catholicks, from Time to Time, until a Settlement by Parliament, and that the said Persons to be authorized as aforesaid, or any five or more of them, make perfect Books of all such Monies as shall be applotted, raised, and levied, out of which Books they are to make several and respective Abstracts, to be delivered under their Hands, or the Hands of any five or more of them, to the several and respective Collectors, who shall be appointed to levy, and receive the same; and that a Duplicate of the said Books, under the Hands of the said Persons to be authorized as aforesaid, be delivered unto his Majesties Lieutenant, or other chief Governour or Governours for the Time being, whereby a perfect Accompt might be given.

26. Item, It is further concluded, accorded, and agreed, by and between the said Parties, And his Majesty is graciously pleased, That for the Preservation of the Peace, and Tranquility of the Kingdom, that the said Lord Lieutenant, and the said Lord Viscount Mountgarret Donogh Lord Viscount Muskery, Sir Daniel O Bryen, Knight, Sir Lucas Dillon, Knight, Nicholas Plunked, Richard Bellings, Philip Mac Hugh O Rely, Terlogh O Neale, Thomas Fleming, Patrick Darcy, Gerrald Fennel, and Geffery Brown Esquires, or any five or more of them, shall for the present, agree upon such Persons who are to be authorized by Commission under the great Seal, to be Commissioners of the Peace, Oyer and Terminer, and Goal-delivery, in the several Counties, and Parts of Counties, within the now Quarters of the Confederate Catholicks, with such Power as Justice of the Peace, Oyer and Terminer, and Goal-delivery, in former Times of Peace, have usual had , which is not to extend unto any Crime, or Offence, committed before the 15. of September 1643. And to be 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 Persons, for any Cattle or Goods, heretofore taken by either Party from the other, contrary to the Articles of Cessations, but that the same shall be left to be determined in such Way, as by these Articles is already prescribed, which Commissioners are to continue till Settlement by Parliament, Si tam diu se benè gesserint, 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 Majesty's chief Governour, or Governours for the Time being, by the Advice and Consent of the said Persons so to be entrusted, or any five or more of them, and the said Commissioners are to make their Estreats as accustomed in Time of Peace, and shall take the ensuing Oath, viz. You shall swear that as Justice of the Peace, Oyer and Terminer, and Goal-delivery, in the Counties of A. B. C. in all Articles of the King's Commission to you directed, you shall do equal Right to the Poor and to the Rich, after your Cunning, Wit, and Power, and after the Laws 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 Amerciaments, which shall happen to be made, and all forfeitures which shall happen before you; You shall cause to be enter'd without any Concealment, or Imbezeling, and truly send to the King's Exchequer; You shall not let for Gift, or other Cause, but well and truly you shall do your Office of Justice of the Peace, Oyer and Terminer, and Goaldelivery in that Behalf, and that you take nothing for your Office of Justice of the Peace, Oyer and Terminer, and Goal-delivery to be done, but of the King, and Fees accustomed; And you shall not direct, or cause to be directed, any Warrant by you to be made to the Parties, but you shall direct them to the Sheriffs, and Bayliffs of the said Counties respectively, or other the King's Officers, or Ministers, or other indifferent Persons to do Execution thereof, So help you God, And that as well in the said Commission, as in all other Commissions and Authorities, to be issued in Pursuance of these present Articles, this Clause shall be inserted, viz. That all Officers, Civil and Marshal, shall be required to be aiding and assisting, and obedient unto the said Commissioners, and other Persons to be authorized as abovesaid in the Execution of their respective Powers.

27. Item, It is further concluded, accorded, and agreed, by and between the said Parties; And his Majesty is further graciously pleased, That none of the now Roman 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 several Corporations, or other Judicatures, within the now Quarters of the said Confederate Catholicks as hath, or have Power derived from his Majesty.

28. Item, It is further concluded, accorded, and agreed, by and between the said Parties, and his Majesty is further graciously pleased, that his Majesty's Confederate Catholick Subjects do continue the Possession, of such of his Majesty's Cities, Garrisons, Towns, Forts, and Castles, which are within their now Quarters, until Settlement by Parliament, and to be commanded, ruled and governed in Chief, by such as his Majesty or his chief Governour or Governours of this Kingdom for the Time being shall appoint, and his Majesty his chief Governour, or Governours of this Kingdom as aforesaid, is to issue Commissions, and appoint such Person, or Persons, as shall be named by his Majesty's chief Governour, or Governours for the Time being, by, and with the Advice and Consent of the said Lord Viscount Mountgarret, Donogh Lord Visccunt Muskery, Sir Daniel O Bryen, Sir Lucas Dillon, Nicholas Plunket, Richard Bellings, Philip Mac Hugh O Rely, Terlogh O Neal, Thomas Fleming, Patrick Darcy, Gerrald Fennel, and Geffery Brown Esquires, or any five or more of them, for the Execution of such Command, Rule or Government, to continue until all the Particulars in these present Articles agreed on to pass in Parliament, shall be accordingly passed, only in Case of Death, or Misbehaviour, such other Person or Persons to be appointed for the said Command, Rule, and Government to be named and appointed in the Place, or Places, of him, or them, who shall so die or misbehave themselves, as the chief Governour or Governours, for the Time being, by the Advice and Consent of the said Lord Viscount Mountgarret, and the rest of the above mentioned Parties to be authorized as aforesaid, or any five or more of them, shall think fit, and to be continued until Settlement in Parliament, as aforesaid.

29. Item, It is further concluded, accorded, and agreed, by and between the said Parties, And his Majesty is further graciously pleased, That all Customs belonging to his Majesty which from the Perfection of these present Articles shall fall due within this Kingdom, shall be paid into his Majesty s Receipt, and to his Use, any Request, Clause, or Demand, in the Act of Oblivion, or in any other former Propositions to the contrary notwithstanding Provided, that all and every Person and Persons, who are at the present intrusted within the now Quarters of the Confederate Catholicks, by them the said Confederate Catholicks in the Entries, Receipts, Collections, or otherwise concerning the said Customs, do continue their respective Imployments in the same, until full Settlement in Parliament; other than as to such, and so many of them, as to the chief Governour, or Governours, for the Time being, by the Advice and Consent of the said Lord Viscount Mountgarret, and the other Persons to be authorized as aforesaid, or any five or more of them shall be thought fit to be altered, and then, and in such Case, or in Case of Death, or Misbehaviour, or other Alteration, of any such Person or Persons, such other Person or Persons to be employed as shall be thought fit, by the chief Governour or Governours for the Time being, by, and with the Advice and Consent of the said Lord Viscount Mountgarret, and the rest of the Persons to be authorized as aforesaid, or any five or more of them; And as to his Majesty's Rents to grow due, at Easter next, and from thenceforth, the same to be payable unto his Majesty notwithstanding any Thing contained in the Article of the Act of Oblivion, or in any other Article to the contrary, but the same not to be written for, or levyed, until a full Settlement in Parliament, as aforesaid.

30. Item, It is further concluded, accorded, and agreed, by and between the said Parties, And His Majesty is further graciously pleased, That the Commissioners of Oyer and Terminer, and Gaol-delivery, to be named as aforesaid, shall have Power to hear and determine all Murthers, Manslaughters, Rapes, Stealths, Burning of Houses, and Corn in Reeke, or Stacks, Robberies, Burglaries, forcible Entries, Detainers of Possessions, and other Offences, committed, or done, and to be committed and done from the 15 Day of September, 1643. until the first Day of the next Parliament. These present Articles, or any therein contained to the contrary notwithstanding; Provided that the Authority of the said Commissioners shall not extend to question any Person, or Persons, for doing or commiting any Act whatsoever before the Conclusion of this Treaty by Virtue 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 concluding of these Articles by Virtue of Pretence of any Authority, which is now by these Articles agreed on; Provided also the said Commission shall not continue longer then to the first Day of the next Parliament. In witness whereof his Excellency the Marquess of Ormond, Lord Lieutenant of Ireland, his Majesty's Commissioner to that Part of these Articles remaining with the said Richard Lord Viscount Mountgarret, Donough Lord Viscount Muskery, Sir Robert Talbot, Baronet; Dermot O Bryen, Patrick Darcy, Geffery Brown, and John Dillon Esquires; And the said Richard Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Robert Talbot, Baronet; Dermot O Bryen, Patrick Darcy, Geffery Brown, and John Dillon Esquires; to that Part of these Articles remaining with the said Lord Lieutenant, have put their Hands and Seals at Dublin this 28 Day of July, 1646. and in the two and twentieth Year of the Reign of our Sovereign King Charles, King of Great-Britain, France and Ireland, &c.

The Remonstrance of the Protestant Clergy to tho Marquess of Ormond, upon Conclusion of the Peace with the Irish, 1646.

May it please your Excellency,
We Archbishops, Bishops, and the rest of the Clergy of the Kingdom of Ireland, Subscribing, are wonderful sensible how your Excellency (out of Zeal to God's Glory, and the Protestant Religion, and out of Loyalty to his Majesty) hath in this great Distemper, with much Hazard, singular Wisdom, and vigilant Care, preserved not only in this City, but also in all the out-Garrisons, the free and full Exercise of the true Reformed Religion, according to the Liturgy and Canons so many Years received in the Church, which (with bleeding Hearts we may say) is more than we know to be in any other Part of the three Kingdoms. As also that we do most heartily acknowledge, that by your very great Pains and Labour you have at last concluded a most necessary Peace, which we humbly conceive to be the only Means to continue these great Blessings of Religion and Loyalty amongst us, and to be the only hopeful Way to reduce this whole Kingdom to his Majesty's Obedience.

And withal we do most ingeniously profess, That out of your Piety and Nobleness you have vindicated our Callings and Places from Contempt, and protected us from personal Injuries, and provided a Subsistence for us, without which many of us had undoubtedly starved.

Out of the deep Sense of all which, and many more Favours than we are able to express, we were the most unthankful of all Men, if we should not praise God for your Excellency, and return to. you our most humble and hearty Thanks; faithfully, promising to continue our fervent Prayers to God, and our very best Endeavours for strengthning your Hands in managing the great Trust his Majesty reposeth in you, and in maintaining Religion and the Peace now establisht amongst us.

Having made this just and necessary Remonstrance of our Gratitude and Resolutions, we do most humbly beseech your Lordship to continue (as we are very confident you will) your Care to preserve the Religion, Book of Service, publick Worship, in the Decency and Comeliness thereof, and the true Apostolical Government of the. Church now exercised amongst us, against all Oppositions whatsoever. And graciously to persist in your Care to provide some competent Maintenance for us, till we may conveniently return to our Benefices; And if any of our Number shall be disaffected to the Religion, Book of Service, publick Worship, and Government of the Church, his Majesty Service, or Disturbers of the present Peace, we do not supplicate for such, but leave them to your Lordship, to be proceeded with as you shall find convenient.

After the Peace thus concluded, the Lord Lieutenant Ormond took a Journey himself to Kilkenny, to expedite the Levies that were promised for his Majesty's Service, where he was received with all seeming Demonstrations of Reverence and Esteem for his Person and Character.

The Lord Digby accompanied him thither, and remaining there for some Time, did by a Letter from thence to the Lord Inchiquin, endeavour to bring him over to the King's Interest. Which Letter and the Answer follow.

The Lord Digby's Letter to the Lord Inchiquin. Sept. 2. 1646.

My Lord,
I have several Times, while I was in England, endeavoured (tho' unsuccessfully) to convey unto your Lordship this Truth, that amongst all the Calamities of my Country, and Misfortunes to the King my Master, there hath not happened any Thing of a more near and personal Affliction to me, than the Separation from his Service and Interest of a Person for whom I had so high a Value, and particular a Friendship, as for your Lordship, and upon whose Affection and Abilities. I had founded so great a Part of my solidest Hopes for his Majesty's Restoration.

And really (my Lord) how opposite Courses soever we have since run, and appear still engaged in; I must profess that I have ever cherisht all the Arguments could possibly raise to perswade my self, that either some strange Mistakes, or some desperate Malice of others, have occasion'd this Separation; and that only the Impossibility of our Meeting to clear them, hath continued it.

Wherefore, my Lord, we being now both upon a Scene, where it will depend meerly upon our own Wills to give our selves that Satisfaction, concerning one anothers Opinions and Actions,, (which a much less Kindness than ours was might Challenge) I send this not only to invite, but even to conjure your Lordship to pay that Duty to former Friendship, as to agree of the Place, and Manner where (upon the mutual Security of our own Honours) I may wait upon you, and enjoy the Happiness of an Hour or two's Conference with you ; from which I hope there may be much Advantage produced to the publick, and am most assured, at least of much Satisfaction our selves; since certainly either I shall have so much Reason to work upon you, or yours so much Power on me, 'as tho_ not to alter my Opinion in Relation to the publick, yet so far to enlighten me in what concerns my own Particular, as not to let my publick Engagements in the contrary Way, be any longer any Impediment to my resuming in a private one, the Affection wherewith I was formerly,

My Lord,
Your Lordships most Affectionate Humble Servant,
George Digby.

Kilkenny Sept. 2. 1646.

The Lord Inchiquin's Answer, Sep. 9th.

My Lord,
The Place you are vow in, whom I knew to be a Person in whom his Majesty reposed so much Trust, and the Peace now concluded by his Majesty's Authority, to the utter Ruin (as 1 conceive) of all that profess the Protestant Religion in this Kingdom and submit thereunto;, have evidenced to the whole World those just Grounds that caused my Separation from that your Lordship is pleased to cal his Service and Interest, tho' I assure my self it tends to the Ruin of both.

I find your Lordships Opinion in Relation to the Publick so setled, that I am not so vain as to entertain an Hope of alteriry your Lordship by my Reasons: And I am very sure (tho' I must acknowledge your Reason and Abilities to be great) my Resolutions are built upon such a Foundation as can never be moved. And therefore cannot imagine what Advantage can be derived to the Publick by our personal Meeting, the Honour whereof, I may not (for any particular Respect) allow my self. And for the private Friendship, (with the Mention whereof you are pleased to honour me) the publick Impediments being removed, I shall be ambitious to have it renewed, and shall also account it an Hononr to be esteemed by you,

My Lord,
Your Lordships most Humble Servant, Inchiquin.

Cork the 5th of Sept. 1646.

The Irish Laiety seemed much to rejoyce at first for the late concluded Peace, but the Pope's Nuncio, with many of the titular Bishops, conven'd a Congregation of the Clergy at Waterford(a Town most at their Devotion) where the titular Bishop of Ferns was President.

Which Congregation began to inveigh against the Peace, alledging that it had not sufficiently provided for the Advancement of Religion, and therefore would not suffer it to be proclaimed in Waterford; and sent their Emissaries and Orders to most considerable Towns to incense the People against it ; insomuch that when the King at Arms was proclaiming the said Peace at Limerick, accompanied with the Mayor, Aldermen, and chief Citizens, all in their Habits and Formalities, one Molife a Fryar raised a Tumult, which being Headed by one Dominick Flanning, a Person notorious for many Acts of Blood and Inhumanity in the Beginning of the Rebellion, (and afterwards in the Year 1651 hang'd by Ireton) violently assaulted them, tore the Herald's Coat off his Back, wounded the Mayor and several of the Magistrates of the City, some of them almost to Death ; And presently the Mayor was displaced, and the said Flanning made Mayor in his Room, to whom the Pope's Nuncio writ Letters, returning him Thanks for what he had done, and encouraged him to proceed, giving him his Apostolical Benediction, &c.

Also the Lord Lieutenant, being in his Progress to settle the Country, coming near the City of Cashel, was advertis'd by the Mayor thereof, that Owen O Neal's Army was marching that Way, and had sent terrible Menaces to that City, if it should presume to receive him the said Lord Lieutenant; and soon after his Lordship found that the said Owen O Neal endeavoured to get between him and Dublin, to surprize and destroy him, whereupon his Excellency with all Expedition retreated to Dublin, and used all Industry to put that City in a Posture of Defence. In the mean time, the before-mentioned Congregation, thunder'd out the following Declaration and Fulmination.

A Declaration by the Ecclesiastical Congregation of both Clergies of Ireland, assembled together in the Name of the Holy Ghost at Waterford.

Before the most Reverend Lord, the Arch-Bishop Firmans, the Apostolical Legate residing in Ireland.

Aug. 12. 1646.

Concerning the Question between us debated, and disputed on many Days together, whether they who accepted a Peace, contained in thirty Articles, transmitted to us by the supreme Council, were to be declared perjured, and consequently whether they should be excommunicated as perjured Persons: The Opinions and the Reasons of every one being first heard, and the Writings of some Doctors of Divinity read.

It is ordered by one general Consent, and voted by all (no Man gainsaying it,) That all and singular Confederate Catholicks, who shall adhere to the said Peace, or consent with the Favourers of it, or after any other Manner, shall entertain and embrace it, are absolutely to be accounted perjured; especially for this Reason, because in those Articles there is no mention made of the Catholick Religion, and the Security thereof, nor Regard had of the Conservation of the Priviledges of the Country, as it was promised by the Oath, but that all Things are rather referred to the Judgment of our most renowned King (from whom in this present Estate, we can have nothing setled, and in the mean Time, the Armies, Weapons, and Fortifications, and the said supreme Council of the Confederate Catholicks it self, are subjected to the Authority and Command of the Council of the State, and the Protestant Officers of his Majesty, from whom that he might be secure, we have taken that Oath: From which, and many other Causes moved only by our own Consciences, and having God before our Eyes, that it may be known to all and singular, as well Irish as Strangers, that we have not, nor will give our Consent to such Peace, except safe Conditions, as well for our Religion, as for the King, and for the Country, according to our Oath be offered unto us and that our Flocks, and all our Catholick People, with our Confederate Friends, who in these general Meetings, have sometimes asked our Advice in this spiritual Business belonging only to a spiritual Judge, may know certainly what hath been determined by us; to the End, that the godly and faithful Catholicks, obeying their Shepherds and Pastors, may concur in the same Sentence.

We have commanded this Decree to be written, and published in all Places in the English and the Irish Tongue, which we have confirmed with our Hands and Seals. But the other Question concernining Excommunication, we have referred until the next Sessions.

Given at Waterford the 12th Day of August, 1646.

  • John Baptista Arch-Fpiscopus, Fermanu's Nuntius Apostolicus.
  • Frater. Thomas Dublin, Thomas Cosselences, Arch-Episcopus.
  • Frater. Boctious Elpham, Fr. Pr, Waterford and Lis. John Laoneus Episcopus.
  • Frater. John Claufortinsis, Richard Ardfertenis, and Acadam Episcopus.
  • Fravciscus Aladencis Episcopus.
  • Emund Lemerecenvciis. Fr. Edm.
  • Laghlen, Epis Emerus Clogherencis.
  • Frater. Nicholas Formensis.
  • Frater. Jacobin Conald, Abbas Benehoram.
  • Frater. Pr. Plunketus, Abbas B. M. Dublin.
  • Frater. Lorentius Fitz. Harris, Abbas desurio.
  • Frater. John Cantnell, Abbas de sancto cruce.
  • Jacobus Tobin, Abbas de Kilcole.
  • Robertus Barry, Vicarius Apostolicus Rossensis.
  • Frater. Donaldus Agrippa, Fuinburences.
  • Frater. Gregorus offarel, prior provincialus ord. Predicate.
  • Dionisius O Briscol, prior provincialias. Eremitarum Sancti Augustini.
  • Edmund O Teg, procurator Illustriff. Armacha in Cornell.
  • Gualter Lincheus, Vicharius Apost. Tuamensis.
  • Gulielin: Bargat, Vicar. Apost. Immolacensis.
  • James Dempshi, Vicar. Gener. Kilder Cornel.
  • Gasneas Adensis, Vic. Gener Oliverus Deise, Vic. Gener. Midencis
  • Dominicus Roch, Vic. Gener. Corcagiencis.
  • Symon O Connory, Vic. Gener. Cluonensis.
  • Edmund Gerardius, Vic. Gener. Cluonensis.
  • Carolus Cogbam, Vic. Gener. Cluonensis.
  • Frater. Robertus Nugentius, superior societatis Jesu.
  • Barnabas Barnwal, Commissarius Generalis Capucinorum.

A Proclamation from the Bishop of O Tory, excommunicating the Clergy of Kilkenny, for adhering to the Peace concluded between the Council and the Marquess of Ormond.

Whereas we have in publick and private Meeting, at several Times declared to the supreme Council, and others whom it might concern, that it was and is unlawful, and against Conscience; yea, implying Perjury (as it hath been designed by a special Act of the Convocation now at Waterford) to do or concur to any Act; tending to the Approbation or countenancing of the Publication of this unconscionable and mischievous Peace, so dangerous (as it is now articled) to both Common-Wealths, Spiritual and Temporal, but more particularly to the Spiritual.

And whereas, notwithstanding our Declaration of the whole Clergy of the Kingdom to the contrary, the supreme Council and Commissioners have actually proceeded to the Proclamation of it, yea, and forced on the City by Terrour and Threats, rather than by any free Consent, or Desire of the People.

We having duly considered, and taken to Heart, as it becometh, how envious this Fast both is, and appears in Catholicks, even against God himself, and what publick Contempt of the holy Church it appeareth, besides the Evils it is like to draw on this poor Kingdom.

After mature Deliberation, and Consent of our Clergy (in Detestation of this heinous and scandalous Disobedience of the supreme Council) and others who adhere unto them, in a Matter of Conscience towards the holy Church, and in Hatred to so wilful and abominable an Act, do by these Presents (according to the Prescription of sacred Canons) pronounce and command (from henceforth) a general Cessation of divine Offices throughout all the City and Suburbs of Kilkenny, in all Churches, Monasteries, and Houses in them whatsoever.

Given at our Palace of Nova Curia, the 18th Day of August, 1646.

The Irish were so over-aw'd with these Bugbears of their Clergy, that they committed and delegated the intire and absolute Power of governing and commanding, as well in secular as Ecclesiastical Matters to the Pope's Nuncio, who committed to Prison the Irish Commissioners that had transacted the Treaty; and so soon after drew General Preston and his Army to join with him, causing the following Oath to be taken of all his Adherents.

An Oath administered against the Peace.

I A. B. Swear and Protest, That I will adhere to the present Union of the Confederate Roman Catholicks, that reject the Peace lately agreed and proclaimed at Dublin, and do nothing by Word, Deed, Writing, or otherwise, to the Prejudice of that Union, and will to the uttermost of my Power advance and further the Good and Preservation of it, and of his Majesty's Rights, and the Priviledges of free-born Subjects, to the Natives of this Kingdom.

And then the Nuncio (as Generalissimo) led both Armies towards Dublin, consisting of near 1600 Men; whereupon the Marquess of Ormond being extremely straitned, and in Want of Ammunition, sent to the Parliament's Ships then riding in the Bay of Dublin , desiring them to furnish him with some, and to transport certain Commissioners from him to England to treat with the Parliament touching the Surrender of Dublin into their Hands. Accordingly Sir Gerard Lowther the Lord chief Baron, Sir Paul Davies , and Sir Francis Willoughby came over, and arrived at London Octob. the 12th. And having been heard by a Committee, and the Matter reported to the House, it was ordered to send over Sir Thomas Wharton, Sir Robert King, Sir John Clotworthy, Sir Robert Meredith Knights, and Richard Salwey Esq; to Dublin, to treat with his Excellency further about the same, carrying with them some Money and Forces for the Relief of that Place, if they could agree for its Surrender. They arrived there on the 12th of November , and the whole Negotiation they had with the Marquess, be pleased to take as followeth.

The Papers of the whole Treaty between the Marquess of Ormond, and the Parliament's Commissioners. Nov. 1646.

May it please your Lordship,
We are sent hither Commissioners from the Parliament of England, to communicate to your Lordship Matters of high Importance, concerning the Preservation of the Protestants in the Kingdom of Ireland; to which End we desire from your Lordship a safe Conduct, for the coming and returning of our selves, and such as shall attend us, not exceeding the Number of 30 Persons, and for such Things as appertain to us. We remain,

Your Lordships most humble Servants,

  • Tho. Wharton.
  • Jo. Clotworthy.
  • Rob. King.
  • Rob. Meredith.
  • Ri. Salwey.

Dated from the Bay of Dublin, the 13. of Novemb, 1646.

For the most honourable the Marquess of Ormond.

Which safe Conduct being sent unto them, the said Commissioners landed the next Day, and presented themselves to the Lord Lieutenant, and after an Interview returned to their Lodging, and soon after came to his Lordship, and delivered him a Copy of their Commission, and the next Day being the 15. of November. 1646. they delivered to his Lordship, Copies of the Ordinance of Parliament in their Commissions mentioned, and of the Order which did lead thereunto, and of such Instructions as they had concerning his Lordship. The Tenor of all which, and of the subsequent Passages upon the Treaty, do appear in the Papers following.

At the Committee of Lords and Commons, at Darby House.

BY Virtue of an Ordinance of Parl. of the 15. of this Instant October, authorizing us, We do constitute and appoint you, Sir T. Wharton, Sir. Rob. King, Sir John Clotworthy, and Sir Robert Meredith Knights, and Rich. Salwey Esq; Commissioners to treat with the Lord of Ormond, for and concerning the Delivery of the Sword, the City of Dublin, and all other Garrisons and Holds in his Power. And you or any three of you have hereby Power to treat with the said L. of Ormond, concerning the Premises, and to agree and conclude with him concerning the same, according to such Instructions as are delivered unto you.

Given this 23. of October, 1646.

  • Northumbelrand.
  • P. Wharton.
  • P. Stapleton.
  • E. Manchester.
  • W. Peirrepoint.
  • W. Lewis.
  • J. Temple.
  • P. Lisle.
  • Denzel Hollis.
  • Ro. Goodwyn.

Copia vera, Ex. W. Rowe, Secr.

Die Luna, 12. October, 1646.

It is this Day ordered by the Commons assembled in Parliament, That it be referred to the Members of both Houses, that are of the Committee of both Kingdoms, to consider of these Letters, and to receive the Addresses of the Commissioners from Ireland, and their Proportions, and to view and consider of their Instructions, and the Members of this House that are of the Commiteee of both Kingdoms, or any four of them, have Power to meet this Afternoon at two of the Clock in Darby-House for the Purposes aforesaid, and have Power to report to Morrow, if they shall see Occasion; And the Lord Lieutenant of Ireland, Mr. Hollis, Sir John Clotworthy, and Sir John Temple, have Power, and are desired to be present at the Meeting of this Committee.

Mr. Na. Fines, Sir W. Lewis, and Mr. Rob. Goodwyn, are added to this Committee.

Hen. Elsynge, Cler. Parl. D. Com.

Die Jovis 15. Octobris, 1646.

The Lords and Commons assembled in Parliament, do declare, That they resolve to proceed upon the second Way of Overture, made by the Earl of Ormond, and will appoint some Way of treating with him for his Retirement, and will imploy such as they shall think fit in the Trust of that Kingdom.

John Brown, Cler. Parliament.

Vera Copia, Ex.

W. Rowe, Secr.

Die Jovis 15. Octobris, 1646.

Ordered by the Lords and Commons in Parliament assembled, That the whole Affair concerning Ireland, in Respect of the Secresie and Expedition thereunto necessary, be referred back to the former Committee, And the Committee hath Power to give Instructions to such as they shall employ for the Pursuance and Transaction of that Affair, and to order the Forces that shall go thither, and to dispose of the Ammunition, and other Provisions for the Service of Ireland, as they shall judge best for the publick Service, and are to meet this Afternoon, and so from Time to Time as they shall see Cause.

John Brown, Cler. Parliament.

Vera Copia, Ex.

W. Rowe, Secr.

Instructions for Sir Tho. Wharton, Sir Rob. King, Sir John Clotworthy, Sir Rob. Meredith Knights, and Rich. Salwey, Esq; concerning the Lord of Ormond.

You are to declare to the L. of Ormond, the E. of Roscommon, and the rest of those that signed the Instructions to Sir Gerard Lowther, Sir Francis Willoughby, and Sir Paul Davies, That the Parliament will take into their Care and Protection the Protestants of Ireland. If the L. of Ormond do within four Days deliver up the Sword, render all the Garrisons, and other Commands to the Pleasure of the Parliament, Then you, or any three of you, are to give these ensuing Conditions.

1. That the L. of Ormond shall enjoy his Estate without Molestation or Disturbance from the Parl. And shall have Indempnity against all Debts contracted, by Reason of any Goods, Money, Debts, or Victuals taken up by Virtue of any Warrants signed by him and the Council, from any Person, for the Maintenance and Support of the Armies, or any of the Garrisons, now under his Command.

2. That he shall be protected in his Person and Goods for the Space of twelve Months against all Suits, Arrests, Molestation, or Disturbance from any Person whatsoever, for any Debts owing by him to any Person whatsoever before the Rebellion there.

3. That the L. of Ormond, and all such Noblemen, Gentlemen, and Officers, as shall be desirous to go with him, or by themselves, into any other Place out of that Kingdom, shall have free Passes for themselves, their Families, Goods, and travelling Arms, and a competent Number of Servants suitable to their respective Qualities.

4. That the L of Ormond shall have 5000. l. paid him in England or Ireland, in such Manner as shall seem best to the Commissioners now sent: And shall have also 2000. l. per annum for five Years, and if the War shall longer continue in such Manner, as he cannot receive 2000. l. per annum, out of his own Estate, That then he shall have the said Pension of 2000. l. per annum still continued, until he can receive so much out of his own Estate.

5. That the L. of Ormond shall have Liberty to come and live here in England, with the like Liberty that others have, he submitting to all Ordinances of Parliament. And for the Time of twelve Months shall not be pressed to any Oaths, he engaging his Honour to do nothing in the mean Time, that shall be disservice to the Parliament.

Darby-House 17. Octob. 1646.

  • A. Northumberland.
  • W. Pierrepoint.
  • Ph. Stapleton.
  • E. Manchester.
  • Denzel Hollis.
  • John Temple.
  • P. Lisle.
  • W. Waller.
  • W. Lewis.
  • P. Wharton.
  • W. Armyn.
  • Ro. Wallop.

Vera Copia Ex. W. Rowe, Secr.

Novemb. 15. 1646.

We find in the Instructions delivered in by you unto us, That you are to declare unto us, and the rest that signed the Instructions to Sir Gerard Lowther, &c. That the Parl, will take into their Care and Protection the Protestants of Ireland. We desire to know, whether by these Words, viz [That the Parl. will take into their Care and Protection the Protestants of Ireland] All the Protestants of Ireland are to enjoy their Laws, Liberties, Estates and Imployments, without Molestation or Disturbance from the Parliament of England.

ORMOND.

Novemb. 15. 1646.

We find by the Instructions delivered in by you unto us, these Words, viz. If the Lord of Ormond do within four Days deliver up the Sword, render all the Garrisons and other Commands to the Pleasure of the Parliament, then, &c. We desire to know when the said four Days shall be understood to begin, and to what Person or Persons, and to whose Use the said Sword, Garrisons, and other Commands, are desired to be delivered up, or rendred?

ORMOND.

Novemb. 15. 1646.

To your Lordship's first Paper of the 15. of November, we return this Answer; That we are required by the Paper of Instructions delivered to your Lordship, to declare to your Lordship, the E. of Roscomon, and the rest that signed the Instructions to Sir Gerard Lowther, &c. That the Parliament will take into their Care and Protection the Protestants of Ireland: But desire to be excused from giving a particular Explanation of those Words in that Paper, being not directed so to do, yet conceive there ought to be no doubt of a fair Interpretation thereof.

  • Rob. Meredith.
  • Tho. Wharton.
  • John Clotworthy.
  • Rob. King.
  • Ri. Salwey.

Novemb. 15. 1646.

Although we question not a fair Interpretation, yet in Matters so highly importing the Safety and Subsistence of the Protestants of this Kingdom, we may not leave them to the Uncertainty of future Interpretation: And therefore we cannot rest satisfied without clearer Assurance in their Behalf, than we find either in the Instructions delivered unto us by you this Day (whereof we desire an Explanation) or the Answer given by you to our first Paper.

ORMOND.

15. Novemb. 1646.

To your Lordship's second Paper of the 15. of November, we return this Answer: That the four Days appointed for the Treaty with your Lordship (within which Time we are to bring our Debates to a Conclusion) we understand did begin this 15. of Novemb, 1646. at nine in the Morning And we who are appointed Commissioners by Authority from the Parliament of England, are to receive from your Lordship (if the Treaty succeed) the Sword and Garrisons under your Command, for the Use of the Parliament of England, in Order to the Preservation of the Protestants in the Kingdom of Ireland.

  • Rob. Meredith.
  • Tho. Wharton.
  • John Clotworthy.
  • Rob. King.
  • Rich. Salwey.

15. Novemb. 1646.

We desire to know, whether your Lordship rests satisfied in all the Particulars of the Paper of Instructions delivered to you by us this Day, saving that which concerns the Protestants, as is expressed in your Lordship's third Paper?

  • Rob. Meredith.
  • Tho. Wharton.
  • John Clotworthy.
  • Rob. King.
  • Rich. Salwey.

November 15. 1646.

We hold it not fit to declare our Sense concerning the Particulars of the Paper of Instructions delivered by you to us, which concern our self, until Assurance be first given for the Safety and Subsistence of the Protestants of this Kingdom, which we desire may be hastened, for the bringing of this Treaty to a speedy and good Conclusion.

ORMOND.

November 15. 1646.

Forasmuch as your Lordship in your third Paper of the fifteenth of this Instant doth express; That you cannot rest satisfied without clearer Assurance on the Behalf of the Protestants of Ireland, than you find either in the Instructions delivered to you by us this Day, or in our Answers to your Lordship touching the Explanation thereof, as was in your first Paper desired. And whereas your Lordship in your fourth, in Answer to our third hath signified, that you hold it not fit to declare your Sense concerning the Particulars of the Paper of Instructions which concern your self, until Assurance be first given for the Safety and Subsistance of the Protestants of the Kingdom of Ireland; to the End nothing may be wanting on our Parts, to bring this Treaty to a speedy and happy Conclusion, we hold it fit to declare, That by an additional Instruction (which we might not sooner impart) we are enabled to give to such Protestants (not having been in the Irish Rebellion) as we condition withal, Assurance of Security to their Persons, and to their Estates and Goods, that they have in Ireland, and that they may live quietly and securely under the Protection of the Parliament, and their Forces, either within England, Ireland, or Wales, and that they shall enjoy those their Estates and Goods, without any Molestation or Question from the Parliament, as any others do, who have not offended the Parliament, they submitting to all Ordinances of Parliament; and if any of them have any Lands of Estates in England, they are to compound for the same at the Rate of two Years Profit, as they were before the Beginning of these Troubles, They submitting to all Ordinances of Parliament.

  • Rob. Meredith.
  • John Clotworthy.
  • Tho. Wharton.
  • Rich. Salwey.
  • Rob. King.

November 15. 1646.

Before we make Answer to your fourth Paper of the fifteenth of November, we hold it needful to have an authentick Copy of the additional Instruction therein mentioned, being for the Security of the Protestant-Subjects of this Kingdom, and we desire authentick Copies of such other additional Instructions as you have, in Regard your Commission is limited by, and hath Relation to your Instructions.

ORMOND.

November 16. 1646.

To your Lordship's fifth Paper of the fifteenth of November, we return this Answer, That to the End nothing may be wanting on our Parts conducing to the Security of the Protestants of Ireland, according to the Instructions given us by Authority of Parliament; and that we may accordingly put a speedy Conclusion to this Treaty, we do for your Lordship's more ample Satisfaction, (though we hold not ourselves obliged thereunto) herewith freely deliver your Lordship an authentick Copy of the additional Instructions: But we must desire to be excused from giving any further Answer to the said Paper, until we receive your Lordship's positive Answer upon the Papers already given in, hoping it will be believed, That as we have not hitherto, so we shall not for the future offer any Thing, unto which we are not warranted by our Instructions.

  • Rob. Meredith.
  • John Clotworthy.
  • Tho. Wharton.
  • Rich. Salwey.
  • Rob. King.

The additional Instruction concerning the Protestants of Ireland.

You, or any three of you, may give to such Protestants, (not having been in the Irish. Rebellion) as on condition withal, Assurance of Security to their Persons, and to their Estates and Goods, that they have in Ireland; and that they may live quietly and securely under the Protection of the Parliament, and their Forces, either within England, Ireland, or Wales: And you may likewise assure them, that they shall enjoy those their Estates and Goods without any Molestation, or Question from the Parliament, as any others do, who have not offended the Parliament: They submitting to all Ordinances of Parliament. And if any Of them have any Lands or Estates in England, they are to compound for the same, at the Rate of two Tears profit, as they were before the Beginning of these Troubles, They submitting to all Ordinances of Parliament.

Derby-House, Octob. 17, 1646.

  • Northumberland.
  • W. Pierpoint.
  • W. Armyne.
  • E. Manchester.
  • Denzil Hollis.
  • Wil. Lewis.
  • P. Lisle.
  • W. Waller.
  • J. Temple.
  • P. Wharton.
  • P. Stapleton.
  • R. Wallop.

Copia vera exam. W. Row. Secret.

Dublin, Novemb. 16. 1646.

Whereas we have been informed, that the Armies of the Rebels lye near this City, and may probably make some speedy Attempt upon the same: We hold it our Duty for the Preservation thereof, and or the Protestants therein, to declare, that if your Lordship apprehend such Danger to be, and that any Supplies of Men and Ammunition which we have brought with us, may prevent the same; We are ready to give all such Assistance, as may be thought expedient, during the Time the present Treaty continues with your Lordship, and are willing to give such Caution as may be expected from us, That no other Use shall be made of the same, than is herein expressed, and shall expect the like from your Lordship. As also, that such Men and Ammunition as we shall bring a shore for the Purposes aforesaid, be (if the Treaty succeed not) returned us back again.

  • Rob. Meredith.
  • John Clotworthy.
  • Tho. Wharton.
  • Ri. Salwey.
  • Rob. King.

November 16. 1646.

Upon Consideration had of your fourth Paper of the fifteenth of this Month, and the first Paper of the Sixteenth of this Month, and the Copy of the additional Instruction sent unto us therewith, before we can deliver any positive Answer to your Papers, we hold it necessary to be satisfied in the following Particulars.

First, Whereas you express in that Paper of the fifteenth, as followeth, viz. We are enabled to give to such Protestants not having been in the Irish Rebellion, as we condition withal, Assurance of Security to their Persons, and their Estates and Goods, that they have in Ireland: We desire you to declare whether those Words, viz. [such Protestants not having been in the Irish Rebellion] you intend to exempt those Protestants, or any of them, who have had a Hand in making the Cessation, or the late Peace, or who have done any Thing by Occasion, or in Pursuance thereof.

Secondly, Whether by these Words, viz. we are enabled to give such Protestants as we condition withal, Assurance; you intend that every particular Protestant shall come, and make his Conditions with you; or whether all the Protestants of this Kingdom, are not to be included within the present Treaty, and to partake of the Agreement which shall be made.

Thirdly, Whether by those Words, Submitting to Ordinances of Parliament, it be intended that they shall submit to all, and every the Ordinances already made, and which hereafter shall be made by the Parliament of England.

Fourthly, We find nothing in the Commission, nor in any of the Instructions delivered by you to us, for the Continuance of the Judges and Ministers of the Civil List, and Officers of the Martial List in their respective Imployments, nor any Answer given by you unto us in any of your Papers unto that Particular, and herein we desire to be satisfied, as a Matter where- in their Being and Livelihood doth depend.

ORMOND.

November 16. 1646.

To the first and second Particular of your Lordship's first Paper of the 16. November, we answer, That we shall not exempt any Protestants of Ireland, though they have of late consented or submitted either to the Cessation of Arms, or the Peace concluded with the Irish Rebels, so as they submit to the Parliament within twenty Days after our sending to them.

To the third Particular, your Lordship hath an authentick Copy of the Instruction, wherein those Words [Submitting to all Ordinance of Parliament] are expressed, of which we have no Explanation.

To the fourth Particular, concerning the Continuation or displacing of the Judges and Ministers of the Civil List in their Employments, we are not instructed therein; but for the Officers of the Martial List, we have Power by our Instructions, and do intend accordingly to employ such of them as shall be found fit for the Service.

Having thus endeavoured to give your Lordship all possible Satisfaction, we do again desire your Lordship's positive Answer to our Papers formerly given in, it being too manifest, how great Mischief may befal the Protestants of this Kingdom, and the Service with which we are entrusted, should not our Debates be brought to a speedy Conclusion.

  • Rob. Meredith.
  • Tho. Wharton.
  • John Clotworthy.
  • Rob. King.
  • Rich. Salwey.

November 16. 1646.

We are not satisfied with your Answer to our first Paper, of the 16. of Novemb. to which we take these following Exceptions for the present.

First, We desired by our said Paper to know of you, whether you intended to exempt the Protestants, or any of them, who have had a Hand in making the Cessation, or late Peace, &c. to which you make this Answer.

That you will not exempt any Protestants of Ireland, though they have of late consented, or submitted, either to the Cessation or the Peace concluded with the Irish Rebels, so as they submit to the Parliament within twenty Days after your sending unto them; within which Words, no Provision is made either for those who had a Hand in the making thereof, or did upon the first making thereof submit thereunto. And besides no Provision is made for any, but such as you shall send unto, so that it will rest in your Power, to whom you will send, and when; wherein there is no Certainty.

Secondly, We desired by our said Paper, to know of you whether you intended that every particular Protestant shall come and make his Conditions with you; or whether all the Protestants of this Kingdom are not to be included within the present Treaty, and to partake of the Agreement to be made, to which no clear Answer is given.

And whereas you desire our positive Answer to your Papers formerly given, it being, as you say, too manifest how great Mischief may befal the Protestants of this Kingdom, and the Service with which you are entrusted, if your Debates should not be brought to a speedy Conclusion. We desire you for the same Reasons to set down fully and clearly how far the Propositions which we sent to the Parliament by our Commissioners are assented unto; and upon View and Consideration thereof, we shall speedily give our positive Answer.

ORMOND.

November 17. 1646.

In Answer to your Lordship's second Paper of the 16. of November, 2nd for clearing (so far as possibly lies in us) the Exceptions therein taken to our Answer unto your Lordship's first Paper of the same Date; We herewith deliver all the Instructions which we have received, that do (as we conceive) in any kind whatsoever, relate thereunto; and if yet there shall remain with your Lordship any doubt concerning those Particulars, we shall represent the same (if the Treaty do succeed to those that employed us with the best Advantage for the Protestants of this Kingdom. Further Satisfaction than this, we suppose cannot be expected from us.

As to the other part or your Lordship's Paper, wherein you would have us set down fully and clearly, how far the Propositions which you sent to the Parliament by your Commissioners, are assented unto, we cannot answer your Lordship's Desire therein, neither those Propositions, nor Copies of them being delivered unto us.

We therefore earnestly desire your Lordship to accept of the Conditions offered in our former Papers, and to give us a speedy Resolution therein.

  • Rob. Meredith.
  • John Clotworthy.
  • Tho. Wharton.
  • Rob. King.
  • Rich. Salwey.

Instructions for Sir Thomas Wharton, Sir Robert King, Sir John Clotworthy, and Sir Rob. Meredith Knights, and Richard Salwey Esquire, imployed to the Lord of Ormond, and others at Dublin.

You may receive any Protestant who hath not been in the Irish Rebellion, though be hath of late consented, or submitted, either to the Cessation of Arms, or the Peace concluded with the Irish Rebels, so as they submit to the Parliament within twenty Days after your sending for them.

You, or any three of you, have Power hereby to give Protection to such as will come under Contribution, and to give them the best Safeguard you can, by the Countenance of the Forces serving under the Parliament.

You, or any three of you, may give to such Protestants (not having been in the Irish Rebellion) as you condition withal, Assurance of Security to their Persons, and their Estates and Goods, that they have in Ireland, and that they may live quietly and securely under the Protection of the Parliament, and their Forces, either within England, Ireland, or Wales; and you may likewise assure them, that they shall enjoy those their Estates and Goods, without any Molestation or Question from the Parliament, as any others do, who have not offended the Parliament, they submitting to all Ordinances of Parliament ; and if any of them have any Lands or Estates in England, they are to compound for the same at the rate of two Years Profit, as they were before the Beginning of these Troubles, they submitting to all Ordinances of Parliament.

Darby House, Octob. 17. 1646.

  • Northumberland.
  • W. Pierpoint.
  • W. Waller.
  • E. Manchester.
  • Denz. Hollis.
  • P. Stapleton.
  • P. Lisle.
  • Wil. Lewis.
  • J. Temple.
  • P. Wharton.
  • W. Armyne.
  • R. Wallop.

November 17. 1646.

In your Third Paper of the 16 of November, are these Words, viz. That for the Officers of the Martial List, we have Power by our Instructions, and do intend accordingly to imploy such of them as shall be found fit for the Service. A Copy of which Instructions we desire, that we may the better judge how far the Security and future Subsistence of the said Officers is thereby provided for.

ORMOND.

November 17. 1646.

In Answer to your Lordship's first Paper of the 17. of this Month, we herein deliver a Copy of the Instructions therein desired.

  • Rob. Meredith.
  • Tho. Wharton.
  • John Clotworthy.
  • Rob. King.
  • Rich. Salwey.

You, or any three of you, are to imploy such of the Officers now under the Lord of Ormond, as you shall think fit; and where you displace any, you are to place other Officers, if they be necessary; or otherwise to see their Commands sufficiently discharged, until the Lord Lieutenant of Ireland take further Order.

Signed as the rest of the Instructions.

Copia vera, Exam, W. Rowe, Secr.

November 17. 1646.

By our second Paper of the 16. of November, we desired you for the bringing of the present Debates to a speedy Conclusion, to set down fully and clearly, how far the Propositions, which we sent to the Parliament by our Commissioners, are assented unto; and we did by our said Paper declare, that upon View and Consideration thereof we would speedily give our positive Answer; to which by your first Paper of the 17. of November you say, that you cannot answer our Desire therein, neither those Propositions nor Copies of them being delivered unto you. We think fit to declare unto you, that our Commissioners delivered our Propositions and Instructions to the Committee of both Houses, and that they took Copies thereof, and that our Commissioners do by their Letters of the 16. of October 1646. certifie us by the Command of the said Committee, that with the Succours, there would also arrive here certain Commissioners to be sent from the Parliament to treat with us, upon the Particulars contained in the Propositions and Instructions sent to the Parliament from us; Copies of which Proportions and Instructions we are ready to send unto you, if that you shall desire the same. And we again desire you to declare fully and clearly how far you have Power, and will assent to our said Propositions, or whether we shall give our positive Answer to the Papers already delivered by you, taking it for granted that you have no other Instructions, than what you have delivered us.

ORMOND.

November 17. 1646.

To your Lordship's second Paper of the 17. of November, (wherein you again desire us to declare fully and clearly, how far we have Power, and will assent to the Propositions sent to the Parliament by your Commissioners) we can return no other Answer than we have already done in our two first Papers of the 16. and 17. of November, in the latter of which we declare, we have not those Propositions nor Copies of them, nor we think it expedient upon this Occasion to receive the same from your Lordship, yet we desire the want of those Propositions may not be conceived the only Reason of our forbearance of giving further Answer to your Lordship's Paper; but hold it our Duty to insist upon your Lordship's positive Answer to the Papers already given in.

  • Rob. Meredith.
  • Tho. Wharton.
  • John Clotworthy.
  • Rob. King.
  • Rich. Salwey.

November 17. 1646.

If you shall positively declare, that you have no Power or Instructions to enlarge your selves beyond what is expressed in your former Papers, we will then give a positive Answer to those Papers.

ORMOND.

November 17. 1646.

We cannot more largely or positively express the Power and Extent of our Instructions, than we have already done, but do again in pursuance of our lnstructions, desire your Lordship's Answer to the Papers given in.

  • Rob. Meredith.
  • Tho. Wharton.
  • John Clotworthy.
  • Rob. King.
  • Rich. Salwey.

November 17. 1646.

ORMOND.

November 18. 1646.

Having taken into Consideration your Lordship's last Paper of the 17. of Novem. we return you this Answer, That we hold it not sit positively to declare, whether we have any Power or Instruction to enlarge our selves beyond what is expressed in our former Papers, nor do we conceive it ought to be expected from us, for that (to omit other Reasons) we have frequently declared, that we are (according to our Instructions) to receive your Lordship's positive Answer upon the Papers already given in, which we now again desire from your Lordship.

  • Rob. Meredith.
  • Tho. Wharton.
  • John Clotworthy.
  • Rob. King.
  • Rich. Salwey.

November 18. 1646.

In the Copy of some of the Instructions delivered by you unto us, it expressed, That if the Lord of Ormond do within 4 days deliver up the Sword, render up all the Garrisons, and other Commands to the Pleasure of the Parliament, then you, or any three of you are to give these ensuing Conditions, &c.

And in your second Paper of the 15. of November, 1646. you express your selves amongst other things, as followeth, viz. We, who are appointed Commissioners by Authority from the Parliament of England; are to receive from your Lordship (if the Treaty succeed) the Sword, and Garrisons under your Command, for the Use of the Parliament of England; To which, and your other Papers, before we can make Answer, we desire to know whether you have his Majesty's Direction and Command unto us, for our so doing.

ORMOND.

November 18. 1646.

To your Lordship's first Paper of the 18. of this Month, we answer, that we have not his Majesty's Direction and Command unto your Lordship, for delivering up the Sword, rendring up all the Garrisons and Commands to the Pleasure of the Parliament.

  • Rob. Meredith.
  • Tho. Wharton.
  • John Clotworthy.
  • Rob. King.
  • Rich. Salwey.

November 18. 1646.

The Papers delivered by you unto us, whereunto you desire our positive Answer, gave Occasion unto us to take into Consideration, as well the Propositions and Instructions signed by us alone, and sent by our Commissioners to be presented to the Parliament of England, as also the Propositions and Instructions signed by us, and the Council of this Kingdom, and other Propositions and Instructions signed by the said Council a-part, and sent by our said Commissioners to be in like fort presented: All which Propositions and Instructions they delivered to the Committee of both Houses, appointed to consider thereof, who took Copies of the said Propositions and Instructions, Copies of which Propositions signed by us alone, we think fit to insert herein, viz.

Propositions of the Lord Lieutenant of Ireland, to be presented, &c.

That the said Lord Liutenant will prosecute the War against the Irish Rebels, as vigorously as he shall be thereunto enabled by the Parliament of England, and that he will faithfully serve the Crown of England therein.

2. That whilst he hath the Government of this Kingdom, and the Command of the Armies therein, none of the Supplies of Men, Money, Arms, Munition, Victuals, or any other Provisions of what kind or nature soever, which shall by the PARLIAMENT of ENGLAND be sent over, or joined with the Forces already under his Command, nor any other Forces that shall be under his Command, shall any wise be imployed either within this Kingdom, or out of it, but by the express Direction of the said Parliament of England.

3. That he will not upon any Command, or by Virtue of any Power or Authority whatsoever, enter into any Treaty with the said Irish Rebels, or conclude any Peace Or Cessation with them without the Consent and express Command of the King and Parliament of England.

4. He will ingage himself to the true Performance of all these things by Oath, or by any other Means that can be proposed to a Man of Honour and Conscience.

ORMOND.

Septemb. 26. 1646.

Now forasmuch, as we do not find by our Papers, that any one of the said Propositions, which have been transmitted from hence, is assented unto by the Parliament of England, though we have pressed you by several Papers, to know how far they were assented unto; and for that it appeareth unto us by those Papers, that no Copies of the said Propositions or Instructions were delivered unto you, and that when we upon that Signification did offer unto you Copies of both, you did not think it expedient upon this Occasion to receive the same from us, and for that by the Papers and Copies of Instructions delivered by you unto us, we find no Security offered to any of the Protestants, but to such as you shall condition withal, and who shall submit to all Ordinances of Parliament, whereas we expected that all should be included and provided for, in and by the present Treaty, and what those Conditions or Ordinances of Parliament are, you do not ascertain by any of your Papers: And for that it doth not appear unto us by any the Instructions, whereof you have delivered Copies unto us, that you have Power to secure any other of his Majesty's Subjects, who have constantly adhered to the Government here since the 22. of October, 1641, in their Persons and Estates. And for that the Officers of his Majesty's Army here, and the Judges and Ministers of the Civil List, have no Assurance given them for their continuance in their respective Imployments, your Expression as unto them being as followeth, viz. Concerning the continuation and displacing of the Judges and Ministers of the Civil List in their Imployments, we are not instructed therein; but for the Officers of the Martial List, we have power by our Instructions, and do intend accordingly to employ such of them as shall be found fit for the Service; which giveth no Assurance unto any one of the Martial List, and leaveth the Civil List without any Security, and taketh no Notice of the poor distressed Clergy of the Kingdom. In all which Particulars (being contained in our Propositions and Instructions) we did hope that the Parliament of England would have given us Satisfaction, which being not yet done, for any thing made known by you to us, and for that you have by your Paper of the 18. of November 1646. declared unto us, that you have not his Majesty's Direction and Command unto us, for delivering up the Sword, rendring up all the Garrisons and Commands to the Pleasure of the Parliament; which you by your second Paper of the 15. of Nov. 1646. desire to be rendred unto you, to the Use of the Parliament; without any Relation in your said Paper to the King, we hold it not consistent with our Duty to his Majesty, to part with so great a Trust committed to our Charge, in manner as by your Papers is desired, without his Majesty's express and positive Directions, and therefore may not assent thereunto.

ORMOND.

November 18. 1646.

Whereas we did, together with our first Paper of the 16th of November, deliver in to your Lordship an Authentick Copy of the additional Instruction concerning the Protestants of Ireland, unto which your Lordship hath taken several Exceptions; we think good for your Satisfaction therein, now to declare, that we intend that all Protestants whatsoever of the Kingdom of Ireland (not having been in the Irish Rebellion) shall be included in this Treaty, and receive the full Benefit exprest in the said Instruction: And that the Conditions implyed in that Instruction to be imposed on them, shall be understood, as followeth, viz. Whereas it is said, they shall enjoy those their Estates and Goods without any Molestation or Question from the Parliament, as any others do, who have not offended the Parliament, they submitting to all Ordinances of Parliament, By all Ordinances of Parliament we only intend such Ordinances (whether already made, or to be made) as all others do submit unto, who never offended the parliament And whereas Liberty is given to compound for such Estates, as any of them shall have in England, they submitting to all Ordinances of Parliament, By all Ordinances of Parliament we intend, only such as all Persons now compounding in England do submit unto, provided that all those that are thus admitted to their Composition do effectually prosecute the same within six Months after the publication of these Articles.

And whereas in the fourth Article of the first Paper delivered in to your Lordship, offer is made of 5000 l. in Money, and 2000 l. per annum, to be paid your Lordship in manner as is expressed in the said Article, we now hold it fit to declare, that if it shall be more to your Lordship's Satisfaction and Content, we have Power given us, and shall accordingly grant, what you desired in the sixth Article of your Lordship's additional Instructions sent to the Parliament, according as is in the Paper herewith delivered in, expressed.

And we lastly hold it fit to make known unto your Lordship, that Power is also given to us, to agree for Allowances to be paid to other Persons, by constant Pension during the War of Ireland, not exceeding the Sum of 2000l. per annum, which Pensions are to continue, till they can receive the like Benefit by their own Estates.

We do now particularly declare to your Lordship (and sooner according to our Instructions we could not) that we have no Power to enlarge our selves, beyond what we have expressed. And do therefore now again, intreat your Lordship's positive Answer upon the whole, which we must the rather desire may be expedited, for that we are (according to our Instructions) to bring our Debates to a Conclusion within four Days at the furthest, after the Beginning of the Treaty, which will end to morrow at nine of the Clock in the Morning, and we have no Authority to prolong the same.

  • Rob. Meredith.
  • John Clotworthy.
  • Tho. Wharton.
  • Rich. Salwey.
  • Rob. King.

A Copy of the Paper mentioned in the former.

Sixthly, In regard that my whole Fortune is now in the Possession, or within the Power of the Rebels, so as I can make no manner of Use of it; As also for that I have not only at my own Charge, in some fort, maintained the Honour and Dignity of my Place, since the 21. of Jan. 1643, which was the Day whereon I was sworn his Majesty's Lieutenant, but likewise contributed in a considerable Portion to the maintenance of the Army and Garrison: now under my Command. And lastly, for that by means thereof, I am utterly unable to discharge the Debts I have contracted for my own Support, whilst I imployed my own to feed the Army, or to pay the Wages due to the Servants, which I was necessitated to entertain, in respect of the Place I held: For these Reasons, I desire it may be humbly offered to the Nobleness and Honour of the Parliament, That to free me from the Clamour of Creditors, to pay my Servants their Wages, and to transport and maintain my Self and my Family, in some sort befitting the Condition of a Gentleman, the Parliament will be pleased to disburse the Sum of 13000l. 877l. 14s. 9d. be paid to such as I shall appoint upon Bills of Exchange accepted by sufficient Men in France, or Holland, to wit, the one half upon sight, and at six Months the other half thereof, which is less than the just Sum I have disbursed for the Maintenance of the Garrisons of Dublin, Dundalke, Newry, Narrow Water, Green-Castle, and Carlingford, net accompting my own Expence, nor the many other smaller Disbursements spent meerly for the good of the said Garrisons; And that I may be secured against any Molestation, by Reason of the Engagements I have at any time entred into, for the publick Service, since the Beginning of this Rebellion.

November 19. 1646.

Upon Consideration had of your third Paper of the 18. of Nov. as also of your former Papers, and the Copies of such Instructions, as you delivered unto us, we find no Satisfaction given by you in these following Particulars.

First, We do not find that you have Power to secure any of his Majesty's Roman Catholick Subjects in their Persons and Estates, who have constantly adhered to the Government here, since the 22. of October, 1641, of whom we conceive Care ought to be had in the present Treaty.

Secondly, You have declared unto us, that you have no Instruction concerning the continuation or displacing of the Judges, and Ministers of the Civil List in their Imployment, and your Instruction as unto the Martial List (whereof you gave us a Copy) is as followeth, viz. You, or any three of you, are to imploy such of the Officers now under the Lord of Ormond as you shall think fit, and where you displace any, you are to place other Officers, if they be necessary, or otherwise to see their Commands sufficiently discharged, until the Lord Lieutenant of Ireland taketh further Order; which may give more Occasion of Fear unto the Officers of being displaced, than Hope of Continuance in their respective Imployments, and there is not as much as mention made of the Poor distressed Clergy of the Kingdom, in any the Papers or Instructions delivered to you by us.

Thirdly, The Protestants of the Kingdom, who are to be included in the present Treaty, are, as you declare in the last Paper delivered by you to us to submit themselves to all Ordinances of Parl, whether already made, or to be made; amongst which (as we are informed) are some which require the Covenant to be generally taken, and others which lay Mulcts upon those who shall use the Book of Common Prayer, which Form of Service, and no other, is by a Law of Force in this Kingdom, commanded upon a Penalty to be used; and in our Instructions sent by our Commissioners, we desire that neither the one nor the other might be pressed until Settlement by Parliament.

And for us to agree upon this Treaty to all future Ordinances, which shall be made by the Parliament, before it be known what those Ordinances are, we conceive may be of dangerous Consequence to the whole Kingdom, and not agreeable with the Rules of Prudence in us.

Fourthly, Whereas by a special Instruction signed by us apart, we did direct our said Commissioners as followeth, viz. If you find the Parl, ready and willing forthwith effectually to take into their Care and Protection his Majesty's Protestant Subjects within the Quarters under my Command, and those that have adhered to them from the 22. of October, 1641. according to the purport of the Instructions signed by me and the Council, and that my Continuance in the Government, shall be the only Let thereunto, you are then in such Case to let them know, that I will surrender my place of Lieutenant, and deliver all the Holds in my Power, to such as the Parliament shall appoint, upon these Conditions.

First, That they procure his Majesty's Directions for the doing thereof, &c. which was the first and fundamental Condition of all that was propounded by us upon this Overture, which was to be Precedent, and without which, nothing as unto the delivery up of the Government was to be expected from us.

Upon Consideration of all which, and of the Oath taken by us, upon our first Entrance into this great Trust reposed in us, the Tenor whereof doth ensue in these Words, viz.

You shall swear, that you shall faithfully and truly to your Power serve our Sovereign Lord the King's Majesty, in the Room and Authority of Lord Lieutenant, and chief Governour of this his Realm of Ireland; You shall maintain and defend the Laws of God and the Christian Faith; You shall to your Power, not only keep his Majesty's Peace amongst his People, but also maintain his Officers and Ministers in the Execution and Administration of Justice; You shall defend his Majesty's Castles, Garrisons, Dominions, People, and Subjects of this Realm, and repress his Rebels and Enemies; You shall not content to the Damage, and Disherizon of his Majesty his Heirs nor Successors, neither shall you suffer the Right of the Crown to be destroyed by any way, but shall let it to your Power; and if you cannot let the same, you shall certifie his Majesty clearly and expresly thereof; You shall give your true and faithful Advice for the King's Majesty's Profit, and his Highness's Council; You shall conceal and keep all other things for the Preservation of his Majesty's Realm of Ireland, the Peace amongst his People, and Execution of his Justice, according to his Majesty's Laws, Usages and Customs of this his Highness's Realm, You shall perform, and do to your Power: So God you help, and by the Contents of this Book.

And for that our Commissioners have by their Letters certified us, that they were commanded by the Committee of both Houses to forbear the delivering unto the Scotish Commissioners the Duplicate of the Letters, which we and the Council had written to his Majesty, and delivered to our commissioners, advertising his Majesty thereby of our Address to the Parliament, with Direction to deliver them to the Scotish Commissioners to be sent to the King, until the Pleasure of the two Houses should be made known; which Restraint, doth as yet for any thing made known unto us, lye still upon them.

And for that if we should deliver up the Sword in manner as is desired, the present Parl. of this Kingdom (which is we hope of the remaining Protestants here) would be at an End; for all which Reasons, we may not part with the Trust committed to our Charge, in manner as by your Papers is desired, without his Majesty's express and positive Direction, and therefore may not assent thereunto.

ORMOND.

November 19. 1646.

If your Lordship continue unsatisfied concerning the Papers already delivered in, or any of them, as is implied by the Exceptions taken thereunto, and expressed in your last Paper of the 18. of November, we are ready to offer such Considerations to your Lordship by way of Answer thereunto, as we hope, may give your Lordship Satisfaction therein; and this we desire may be done by Conference, if your Lordship shall think fit, for that the shortness of Time will not give Opportunity to commit it to Writing.

  • Rob. Meredith.
  • John Clotworthy.
  • Tho. Wharton.
  • Rich. Salwey.
  • Rob. King.

November 19. 1646.

Although the Conference desired by you in your Paper of this Day's Date was within half an Hour of the Expiration of the Time limited for this Treaty: And although you have positively declared in your third Paper of the 18. of November 1646, That you have no Power to enlarge your selves, or the Time beyond what you have expressed, yet to manifest to the World, how desirous we are to receive Satisfaction in those necessary Exceptions by us taken to your Papers given in upon this Treaty, which may bring the same to a happy Conclusion, we are ready to entertain the Conference desired by your said first Paper of this Day's Date.

ORMOND.

November 19. 1646.

WHereas we received a large Paper from your Lordship of the 18. of November, wherein you declared you could not assent to deliver up the Sword, render all the Garrisons, and other Commands to the Pleasure of the Parliament, as was desired by us in Papers formerly given in to your Lordship, together with your particular Exceptions to the same.

And whereas, we did immediately thereupon offer unto your Lordship such further Conditions to the former, as we were instructed unto for your more ample Satisfaction in complying with the Desires of the Parliament, in Order to the Preservation of the Protestants of the Kingdom of Ireland.

And whereas your Lordship Signified to us, that it then being late, and the Paper given in by us of great importance, you would return Answer thereunto the next Morning.

And whereas, we did this Morning deliver to your Lordship a Paper, declaring, That it your Lordship continued unsatisfied concerning the Papers by us given in, or any of them, as was expressed by the Exceptions taken thereunto, we were ready to offer such Considerations to your Lordship as we hoped might give Satisfaction, which we desired might be done by Conference, for that the shortness of Time would not permit it in Writing

And having received another Paper from your Lordship of the 19. of November containing your Refusal to deliver up the Sword, &c. upon the Conditions offered in our first and later Papers, your Lordship did signifie by your second Paper or the 19, That you were ready to hear what we could further offer by way of Conference, as was desired; which was by us performed accordingly.

We do therefore now desire to know, if your Lordship do still insist upon your refusal; on the Grounds expressed in your Papers. And if so, we make known to your Lordship, that we shall for our own Exoneration, commit to Writing the Sum of what we delivered in Conference, and give your Lordship a Copy thereof; to the End, the Uprightness of our proceeding in the Transaction of this Treaty with your Lordship may in all Things appear, although that happy Success, which we desired, be not attained thereby.

  • Rob. Meredith.
  • John Clotworthy.
  • Tho. Wharton.
  • Rich. Salwey.
  • Rob. King.

November 19. 1646.

Forasmuch as what was delivered upon the Conference, cannot be made use of by us, as binding unto you, unless it be reduced to Writing, and signed by you, which when you shall have reduced the same to Writing, and given us a Copy thereof signed by you; We shall then declare unto you, whether or no, we will rest satisfied therewith, or shall upon the whole Matter insist upon our Refusal.

ORMOND.

Dublin 20. Novmb. 1647.

Whereas upon Thursday Morning the 14 of November, in our Conference with your Lordship, we did endeavour to offer such Considerations, as might give Satisfaction to your Exceptions taken to our Papers given in; And whereas, we did at the same time also desire to know, whether or no your Lordship had received Satisfaction to all, or any of your said Exceptions, or whether you would still insist upon your Refusal, whereupon your Lordship by your third Paper of the 19. of November, returned answer, That what was delivered upon the Conference cannot be made use of by your Lordship, as binding unto us; unless it be reduced, to Writing, and signed by us, and that when we shall have reduced the same to Writing, and given you a Copy thereof signed by us, your Lordship will then declare unto us, whether or no you will rest satisfied therewith, or shall upon the whole matter insist upon your refusal. We have therefore accordingly exprest in Writing the Sum of what was delivered in Conference, which we offer to your Lordship as followeth.

Your Lordship's first Exception is,
Except. 1. That none of the Propositions (of the first Way of Overture) which were transmitted by your Lordship to the Parliament are assented unto.

To which we Answer,
Answ. 1. That an Ordinance of Parliament of the 15. of October, 1646. Containing the Declaration of both Houses to proceed upon the second Way of Overture made by your Lordship, was by us delivered to your Lordship.

2. That Declaration was made by the Parliament, before such time as Sir Francis Willoughby returned from London, from whom your Lordship might be informed thereof.

3. Your Lordship presuming (before your Commissioners came from London) that the Parliament might not accept of those Propositions, did by Additional Instructions, declare, you would not insist thereupon, and accordingly gave them liberty to recede from the same, and to propound a second Way of Overture, which the Parliament did proceed upon, and appointed a Way of treating with you; of which, your Commissioners did advertise your Lordship, by Direction of the Committee of Parliament, appointed to consider of the said Propositions. And,

4. If your Lordship observe, how far that second Way of Overture is accepted and granted by the Parliament in the Proposition by us given in; you may happily find, not only full and positive Satisfaction to the most of what your Lordship asked, but in some Particulars also, more ample Offers made, than was by your Lordship desired therein; which when the World shall consider, together with the Grounds and Principles held forth by your Lordship (inviting the Dispatch of Supplies to this Place) we are confident, the Parliament will be abundantly justified therein: Yet over and above all this, we continue to declare, that in every Particular we will go to the utmost Limits of our Instructions, and where any thing seems doubtful to your Lordship, or too short; we shall (if the Treaty succeed) represent it to those that imploy us, in the best manner we can for your Lordship's full Satisfaction. And this we desire may be applyed to every Exception taken by your Lordship.

Excep. 2. That we have no Power to secure any of his Majesty's Roman Catholick Subjects in their Persons and Estates, who have constantly adhered to the Government here since the 22. of October, 1641. Of whom yon conceive care ought to be had in the present Treaty.

Answ. 1. Those that by Authority of Parliament gave Power to us to treat, did not, for ought we can perceive, take Cognizance of any of the Roman Catholicks of Ireland, that did adhere to the Government of this Kingdom against the Irish Rebels.

2. If any such be, it's probable the Number is not considerable; and if they have done nothing against the Parliament, they need not any special Security, but may expect as much as others, that have in like manner demeaned themselves, although they be of the Protestant Religion.

3. Power is given (as by an Instruction delivered in the 16. of November is exprest) to protect such as will come under Contribution, and to give them Safeguard by the Countenance of the Forces serving under the Parliament, According to which, they are to be protected in their Persons and Estates, as well from the Violence of the Souldiers under the Parliament; as of the Enemy; And this to be extended unto all, without Distinction of Offence, or Religion.

4. If any thing more can be reasonably offered, in the Behalf of such Papists as have adhered to the present Government and not been in the Irish Rebellion; it shall be also recommended back by us to those that imployed us, in the best manner we can for your Lordship's Satisfaction.

Except. 3. That no Assurance is given, that the Judges and Ministers of the Civil and Martial List shall be continued in their Places and Employments, &c.

Answ. I. Nothing is given us in Charge, nor hath any thing been expressed by us concerning the removal of the Judges, and Ministers of the Civil List, nor any of them.

2. In Cases of like Nature, it hath not been known, that Persons so qualified, have been continued and established by Treaty, nor was it (to our knowledge ever heretofore insisted on by any whomsoever.

3. If it must be presumed that they have offended the Parliament, yet Assurance is given (and otherwise they can need none) for Security to their Persons, with injoyment of their Goods and Estates in the Kingdom of Ireland, as if they had not offended, and have liberty to compound for their Estates, as any of them have in England, and such Composition not to exceed two Years value.

Concerning the Officers of the Martial List.

We answer,
Answ. 1. We have expressed, That we will continue and imploy all such Officers, whomsoever as shall be found fit for the Service: And as we have not hitherto taken up a Resolution (if the Treaty should succeed) to displace any, so we do Declare, That it must be an extraordinary Cause that should induce us to it, and we understand the Words of our Instruction (viz You are to imploy such of the Officers, &c.) doth so direct us, and therefore cannot give, as your Lordship expresseth, more Occasion of Fear unto the Officers of being displaced, than Hope of continuance in their respective Imployments.

2. As we believe, no President can be shown; so it is obvious, the Inconvenience would be very great, to article for, and establish by Treaty, any Officers of the Military List, though our Resolution be to continue the same.

3. The same Assurance and Benefit, as is declared in our third Answer to your Lordship's Objections concerning the Civil List, is also to be extended in like manner to, the Officers of the Martial List, according to our Instructions.

In which also, the Clergy of this Kingdom, mentioned by your Lordship, may respectively receive Advantage, concerning whom we are not instructed: Yet,

We desire it may be remembred, that Power is given us to agree for Pensions, to such as we shall think fit, to the Value of two thousand Pounds per annum, which we are ready to ascertain unto such of the Civil and Martial List, as also of the distressed Clergy, as shall be thought meet to extend it to, in such way as may give best Satisfaction, according to our Instruction.

Except. 4. That great Inconveniency may happen to all the Protestants of Ireland, who are to be included in this Treaty, if they should thereby conclude themselves to submit to all the Ordinances of parliament.

Answ. 1. We have declared, &c. That their submitting to all Ordinances of Parliament, is to be understood no otherwise than as all others do, who have always adhered to, and never offended the Parliament.

2. We know of no Ordinance of Parliament, that requires the Covenant to be taken in the Kingdom of Ireland.

3. We are no ways instructed to suppress the Book of Common-Prayer, or impose the, Directory, though your Lordship represented in your own instructions, that the Directory might be used here.

4. It may be also considered, That your Lordship made Overture of submitting to the Direction of both Houses of Parliament, (and that exclusively to any one whatsoever) as to the ordering and disposing of the Army, &c. If they should accept of your Overture, which could not be understood otherwise wise to be done, but by Ordinances of Parliament, as to them from time to time should seem meet.

Excep. 5. Lastly, That the King's Direction for the Delivery up of the Government is not obtained, and that your Commissioners were commanded to forbear the delivering unto the Scotch Commissioner, the Duplicate of the Letters which your Lordship and the Council had written to his Majesty concerning the same.

Answ. 1. We are very confident, what the Committee of both Houses did therein, was by Direction of the Parliament.

2. Your Commissioners did declare, that if Supplies were not instantly dispatched, you would take it for granted none would be sent, and therefore must be necessitated to think of some other Course for your Preservation, as by the Laws as God and Nature became you, and therefore it could not be imagined (the Necessity being so great, under which your Lordship then was, according to the Representation thereof made to the Parliament) that you would refuse such Supplies from the Parliament, in manner as they directed, till your Letter should be from thence sent to Newcastle, and an Answer thereof returned to your Lordship, which would not undoubtedly have taken up much more time, than the Extremity of your Condition here, according to the aforesaid Representation, could possibly admit of; And Information was given that an Address to the King was also made by your Lordship another Way, and we have not yet understood by your Lordship that he hath inhabited you to proceed and conclude with us.

But more especially we desire it may be considered by your Lordship that in your Letter to the King, (mentioned in your Exceptions) your Lordship's Expressions are full, to proceed with the Parliament upon the Overture made to them in the Propositions, not only without desiring Answer, but without expecting Consent or Direction from his Majesty before such time as you would conclude the same, and your Lordship doth only give an Account of your Resolutions, his Majesty unconsulted with, as already fixt with Expectation only of a benign Construction from his Majesty thereupon; And that not only from the Consideration of Necessity, but (as we conceive) of your Lordship's Duty also, as the Case then stood, (no less than a Kingdom lying at the Stake) to make your Application in such manner to the Parliament.

3. May it not also be considered, what Reason the Parliament had to conceive your Lordship intended, not so to insist on the King's Direction as without it you would not conclude, when they observed that by those Propositions from your Lordship, a Copy whereof you have delivered us, you offered (if they should accept thereof) to put your present Army and Forces, called by your Lordship his Majesty's Army, (Not withstanding any Interest you apprehended the King had therein) under the sole Direction of both Houses of Parliament. And yet in those Propositions, we find no mention made of Consent or Direction to be first had from the King, which was believed your Lordship then, as at this time also, might the better do, for that by Act of Parliament, the managing of the War of Ireland is established in both Houses of Parliament alone.

4. It may be considered, that however many Cases of this Nature in the late Troubles in England have happened, where Persons under great Obligations to the King, have frequently surrendred to the Parliament, Garrisons and Forces, which they received by Command from his Majesty, as in particular that of Oxford, where remained not only the Duke of york and his Majesty's Council, but also the Sword, the great and lesser Seals, with other Ensigns of the Regal Power, (and all these) without first having any explicite Direction from the King to deliver up the same.

5. When we also consider how passionately it was represented to the Parliament by your Lordship, of how great Importance the City and Castle of Dublin (together with the Garrisons under your Command) were in Order to the Recovery of the Kingdom of Ireland, the Preservation of the Protestant Religion, together with all the Protestants therein, as also how undoubtedly all must miscarry, if Supplies did not timely come; We cannot but wonder, that in Case of so high Concernment, and so great Necessity (the spilling of the Blood of so many thousand Protestants being unavoidable) according to the Grounds and Representations offered by your Lordship to the Parliament, the Danger whereof remains the same, for ought hath occurred to us, granted also by the loss of many Garrisons since, and will be perfected by your, rejecting the Supplies (with so much Expedition and Charge sent hither by the Parliament) that yet the King' Consent should be so insisted on, as that neither the Preservation of the said Protestant Religion, nor the Blood of thousands of Protestants, nor any of the fore-mentioned Considerations should purchase a Dispensation therein.

6. And whereas your Lordships Oath is objected, It appears to us to be penn'd with special Caution and Relation to such a time of Necessity as this; and is rather (as we conceive) fulfilled by Consent to, than refusal of the Conditions offered to your Lordship, unto which also we believe that respect was had, when those Resolutions were taken up expressed in the fore-mentioned Letter to the King.

We hold it our Duty to deal thus clearly and freely with your Lordship, that(if it were possible) we might give Satisfaction thereby; However our Consciences do acquit us, that we have done our utmost therein, and do conceive that those that imployed us will be abundantly acquitted in the sight of God and Man, as having done what could be expected from them, and unto whom (for any neglect in this Affair) the Guilt of Blood we are confident shall not be imputed in that Day wherein Inquisition shall be made for the same.

  • Rob. Meredith.
  • John Clotworthy.
  • Tho. Wharton.
  • Rich. Salwey.
  • Rob. King.

November, 1646.

We have considered the Paper wherein you expressed the Sum of what was delivered by you in the Conference with us; to which we make return.

Our first Exception was, Not that none of the Propositions of the first way of Overture, which were transmitted by us to the Parliament, are assented unto, as in that Paper is expressed, but that none of the Propositions which were transmitted, whether you look to the first way of Overture, (as you are pleased to term it) or the second way of Overture, are assented unto. And to the End that this may' be the better understood, we hold it necessary to declare, that some of the Propositions which were transmitted by us from hence, were signed by us a-part, wherein we did undertake the Prosecution of the War, as vigorously against the Rebels, as we should be thereunto (enabled by the Parliament; which Propositions are expressed at large in our second Paper of November 18. 1646. and these seem only to have relation to Our self.

There were other Propositions signed by Us and the Council, wherein not only our self, but all others of this Kingdom, as well of the Soldiery, as others of his Majesties Protestant Subjects of this Kingdom, and their Adherents are respectively concerned, the said Propositions importing no less than the Preservation of them in their Persons, Estates, and Imployments.

And there were Institutions signed by us, and delivered to our Commissioners, authorizing them, that if they did find the Parl. willing and ready to take into their Care and Protection his Majesty's Subjects, within the Quarters now under our Command, and those that have adhered to them since the 22. of October 1641. according to the purport of the Instructions signed by us and the Council, and that our continuance in the Government should be the only let thereunto, that then our said Commissioners should let them know, that we would surrender our place of Lieutenant, and deliver up all the Holds in our Power, to such as the Parl. should appoint, upon certain Conditions, whereof the first and principal is, that they should procure his Majesty's Directions for our so doing, which Offer made by us, is in the Ordinance of Parl, delivered by you to us, and by you in your Paper of the 19. of November 1646. called our second Way of Overture, whereupon you say the Parliament did proceed, which you say, Sir Francis Willoughby upon his return from London might have informed us: That Sir F. Willougbby might have told us we knew not; we are sure he did never tell us of the Resolution said by you to be taken by the Parl. for proceeding in that you call the second Way of Overture, nor did he bring with him (for ought known to us) any Copy of the Order of the 15. of October, declaring that Resolution, nor was it mentioned by cur Commissioners in any of their Letters, though we received several, as well by the said Sir Fran. Willongbby, as by others, of Dates subsequent to the said Order.

But on the contrary, Sir Garrard Lowther, and Sir Paul Davies, did by their Letter of the 6. of November, after Sir Fr. Willougby's departure from London, certifie us, that Sir Robert King, and the rest, were sent hither to Treat with us (as they heard,) for surrendring Dublin, and other Places under Command, to which they were not called, but were altogether Strangers- to their Transactions there concerning that Treaty, and that they did not know any thing of their Commission, Authority, or Instructions, or how far they extended.

But though the Parl, did lay hold of this called our second Way of Overture, yet the Propositions which were signed by us and the Council, wherein all his Majesty's Protestant Subjects of this Kingdom, as well of the Souldiery as others, and such as have adhered unto them, were a like concerned with us, were not to be passed over, for whether we did continue in the Government according to the first way of Overture, or part with it (termed by you the second Way of Overture,) it was our main Care and Desire, that they should be secured in their Persons, Estates, and Employments, which is not yet done to our Satisfaction.

And in that which concerneth our self, the principal thing, which is his Majesty's Direction and Allowance for the rendring up of the Government, which was to precede and warrant all that we did propound to be done by us herein, is yet wanting, which we desire you to represent to those who imployed you in the best manner you may.

Exception 2.

Our second Exception is, that you have no Power to secure any of his Majesty's Roman Catholick Subjects in their Persons and Estates, who have constantly adhered to the Government here, since the 22. of October 1641. of whom we conceive care ought to be had in this present Treaty. To this you give these Answers.

First, That those who by Authority of Parl, gave Power to you to treat, did not take Cognizance of any of the Roman Catholicks in Ireland, that did adhere to the Government of this Kingdom, against the Irish Rebels; which Answer doth not satisfie us, but doth enforce the Exception, for their not taking Cognizance of them, is the Ground and Cause of the Exception.

Your second Answer is, That (if any such be) it is probable the Number is not considerable; And if they have done nothing against the Parl. they need not any special Security, but may expect as much as others, that have in like manner demeaned themselves, although they be of the Protestant Religion; which Answer doth not satisfie, but give us more cause to insist upon the Exception, because you say, it is probable that the Number of them is not considerable, whereas we who have been upon the Place know it to be otherwise both in Number and Quality of Persons.

And since his Majesty's Protestant Subjects, who have served against the Rebels here, and done nothing against the Parl. are offered to be secured in their Persons, and Estates, they may by the same Rule of Justice expect the like Assurance, and the greater Regard ought to be of them, for that their Religion being made the pretence of the Rebellion, they do notwithstanding adhere to his Majesty's Protestant Subjects against the Rebels, who are of that Religion.

Your third Answer, viz. Power is given (as by an Instruction delivered in the 16. of November is exprest) to protect such as will come under Con tribution, and to give them Safeguard by the Countenance of the Forces serving under the Parl. according to which they are to be protected in their Persons, and Estates, as well from the Violence of the Soldiers under the Parliament, as of the Enemy, and this to be extended unto all, without Distinction of Offence or Religion; which Answer doth not satisfie us, for the said Instruction looketh rather to the Rebels who are to be brought under Contribution, than to those who have continued good Subjects, and therein there is no Assurance given unto them for their Estates, as is in the same Instruction to his Majesty s Protestant Subjects for their Estates.

Your fourth Answer is, If any thing can be reasonably offered in the Behalf of such Papists, as have adhered to the present Government, and not been in the Irish Rebellion, it shall be also recommended back by you to those who imployed you, in the best manner you can to our Satisfaction; The latter part of which Answer, being the best part thereof, we desire may be pursued; for the first part thereof doth enforce the Exception, it being made a doubt whether any thing can be reasonably offered for such Papists as have adhered to the present Government, and not been in the Irish Rebellion, whereas nothing in Reason can be offered against such, but that they mould be secured in their Persons and Estates.

Our third Exception is, That no Assurance is given, that the Judges and Ministers of the Civil and Martial List, shall be continued in their Places and Imployments, which is answered by you, as followeth.

First, Nothing is given us in Charge, nor hath any thing been expressed by us concerning the removal of the Judges and Ministers of the Civil List, nor any of them, which Answer doth not satisfie us: For we desire by our Proportion, to have an Assurance for the continuing them in their respective Imployments, which is not yet assented unto.

Your second Answer is, That n Cases of like Nature, it hath not been known, that Persons so qualified have been continued and established by Treaty, nor was it to your Knowledge, ever here to sore insisted upon by any whomsoever which Answer doth not satisfie us, for though you might shew that the contrary hath been done in like Cases (as we believe you cannot yet, even for that Cause, we have the more Reason to insist upon it.

Your third Answer is, If it must be presumed, that they have offended the Parliament, yet Assurance is given (and otherwise they can need none) for Security to their Persons, with enjoyment of their Goods and Estates in the Kingdom of Ireland, as if they had not offended, and have Liberty to compound for the Estates any of them have in England, and such Composition not to exceed two Years Value: We are not satisfied with this your Answer, for there is nothing here to assure them the Continuance in their Imployments, and our Proportion made in their Behalf for their Continuance in their Imployments, cannot presume a Guilt and it is no Reason to say, that if they be not guilty, they need not desire this Assurance, for the Judges do well understand, that abundans cautela non nocet, and if it must be presumed that they have offended the Parliament, there is the more Reason to insist on the Proportion for the continuing of them in their respective Imployments, they having been dispoiled of all their Estates.

To your Expression whereby you would satisfied us concerning the continuing in Imployment the Officers now under our Command, viz. That as you have not yet taken up a Resolution (if the Treaty should succeed) to displace any : So you declare, it must be an extraordinary Cause that must induce you to it, we easily believe that as it is too early for you to declare a Resolution to turn them out of their Imployments, (though such a Resolution were taken up by you) till you were possest of the Power to do it; so you may judge such a Declaration, not to be the readiest Way to attain to that Power by Treaty from us, which we are confident is the only Way whereby you will at this Time attempt it; but when by that Means you should be invested in that Power, the Question is, whether you would not then understand, that the Concurrence of some of the Martial List with us in the conclusion of the Cessations and Peace here, the actual Service of some others in his Majesty's Armies in England, and the Obedience given by all to some Commands, that may have been displeasing to the two Houses of Parliament in England, to be extraordinary and sufficient Causes for their removal; wherein, if you shall declare negatively, we shall rest satisfied as to that Particular, nor could our Demand of having them secured in their respective Imployments, be understood to reach to a Forgiveness of such Crimes in future as may merit displacing; for which we confess, we can no more alledge a President, than we believe you can, that ever the Sword Was demanded to be delivered by the Chief Governour of this Kingdom, to Commissioners missioners of the Parliament of England, without the Command of the King.

Exception 4.

Our fourth Exception being as followeth, viz. That great Inconvenience may happen to all the Protestants of Ireland, who are to be included in this Treaty, if they should thereby conclude themselves to submit to all Ordinances of Parliament, is answered by you as followeth.

Answer 1.

Your first Answer is, we have declared, that their submitting to all Ordinances of Parliament is to be understood, no otherwise than as all others do, who have always adhered to, and never offended the Parliament; with which Answer we are not satisfied, it being no more, than that we are to submit to all the Ordinances of Parliament, to which those who are of the Parliament Party submit, as the Covenant, the Directory, the abolishing of the Book of Common-Prayer, &c.

Answer 2.

Your second Answer is, we know of no Ordinance of Parliament that requireth the Covenant to be taken in the Kingdom of Ireland; with which Answer we are not satisfied, for we know that it hath been prest in all Parts of the Kingdom, where the Parliament hath prevailed, as in the Provinces of Munster, Ulster, and Connaught, there being some Ministers not long since employed into Ulster, who went from Town to Town, and from City to City, pressing the Covenant, whereupon many Protestants did acquit their Commands and Habitations in those Parts, rather than they would subject themselves to it; and if the same was done without an Ordinance of Parliament, we have the more Reason to insist, that his Majesty's Subjects may be secured against so violent and unwarranted Pressures upon their Consciences.

And if you know no Ordinances of Parliament which requireth the Covenant to be taken in the Kingdom of Ireland, you may the better undertake that it shall not be pressed; and if you be not instructed to suppress the Book of Common-Prayer, or impose the Directory, you may the better condescend to what is desired concerning both, so far as is expressed in our Instructions.

Answer 4.

Your fourth Answer is, It may also be considered that your Lordship made Overture of submitting to the Direction of both Houses of Parliament (and that exclusively to any other whatsoever) as to the ordering and disposing of the Army, &c. if they should accept of your Overture, which could not be understood otherwise to be done, but by Ordinances of Parliament, as to them from time to time should seem meet.

We are not satisfied with this your Answer, the Strength of your Reason being thus;

That we did submit to the Direction of both Houses of Parliament for the ordering of the Army, &c. therefore no Inconvenience can happen to the Protestants in Ireland, who are to be included in this Treaty, if they should thereby conclude themselves to submit to all Ordinances of the Parliament of England, which sure is no good Consequence, from one Particular conclude a General; And if you would declare that by submitting to all Ordinances of Parliament, were only intended such Ordinances as concern the ordering and disposing of the Army, though that Offer of ours was, in case that way of Accommodation, which is waved by the Parliament, were laid hold of (of any thing wherein we therefore conceive no use should be made in this Treaty, since that way is laid aside) yet such a Declaration would, as to that Point give Satisfaction.

The fifth Exception is, That the King's Direction for the Delivery up of the Government is not obtained, and that our Commissioners were commanded to forbear the delivering unto the Scotish Commissioners, the Duplicate of the Letters, which we and the Council had written to his Majesty concerning the same; To which you make these Answers, viz.

That our Commissioners did declare, That if Supplies were not instantly dispatched, that we would take it for granted, that none would be sent, which was the Ground of hastning the said Supplies; whereas the Words of our Instructions were, That if within a reasonable time after Landing of our Commissioners, missioners, they did not advertise us, that those things we desired were on the way hither, or at least a considerable Proportion of Money and Munition, and probable hope of the rest speedily after, that then we would take it for granted, not that no Supplies would come, but that our Proportions were rejected there; which strongly implyed, and so was intended, that if we understood Supplies were on the Way, we might then take it for granted, our Proportions were accepted, which also we had cause to believe, for that our Commissioners by command of the Committee, before whom they were heard, signified to us, their Message was chearfully accepted, whereof the sending of Supplies was but a part; nor can it be reasonably objected to us, that we refuse those Supplies, since none of the Conditions wherein we expressed our willingness to receive them, is offered to us in manner as was desired, especially that fundamental one, of procuring the King's Command for delivering up the Sword, and Garrisons, which being the Way fixed on by the Parliament, we much wonder, was not endeavoured (as well it might have been, and an Answer had) before you came from London; and if it had been obtained, there had been no need of sending it to us till your arrival; and if it had been refused, the Parliament in their great Wisdom and Knowledge of the Duty of one so highly trusted, would have found some other Expedient to extend their Assistance and Protection to the Protestants, other than such as must blemish our Honour and Fidelity to all Posterity; nor is it a sufficient discharge to us, that his Majesty hath not inhibited us to proceed and conclude with you, his express Command being in this Case absolutely necessary. And as for the Suppositions and Inferences, which you make out of the Letters writ by us to his Majesty, and both Houses of Parliament; as that it could not be imagined, the Necessities being so great, under which we then were, that we would refuse such Supplies from the Parliament in manner as they directed, till our Letter should be from hence sent to Newcastle, and Answer thereof returned to us: And that the Parliament had no Reason to conceive, that we intended so to insist on the King's Direction, as without it we would not conclude, &c. As also considering how passionately we represented to the Parliament, the Importance of the City and Castle of Dublin, &c. and how undoubtedly all must miscarry, if Supplies did not speedily come, that yet the King's Consent should be so insisted upon as none of the forementioned Considerations should purchase a Dispensation therein; And to induce us thereunto, you propose unto us Examples of the delivering up of other Garrisons and Forces in England, as in particular, that of Oxford, &c. without having any explicite Direction from the King to deliver up the same. We conceive the Case of Oxford to be different from this; For Sir Thomas Fairfax, to whom the City of Oxford was rendred, (after some time of formal Siege, and the shedding of Blood on both Sides) was not invited thither by those within to defend and relieve it against the expected Attempts of another Enemy; as those Forces now here with you were (upon certain Conditions) by us, but his coming before Oxford was unsent for, openly and declaredly to take by force of Arms that City: In the Case of Oxford also, we have seen his Majesty's Command directed to the Governour for the rendring thereof, which if you can produce to us for the giving up of these Garrisons, with the Ensigns of the Royalty belonging to the Crown this Kingdom, we will in like fort readily obey the same, notwithstanding some other Disparity in the Cases. And if the Instructions we gave our Commissioners be looked into, Copies whereof were delivered by them to the Committee of both Houses, all these Suspitions, Inferences, and Arguments will vanish, it being a certain and true Rule, that no Inference nor Application is to be made contrary to that which is exprest, as our Instructions were in this Particular; for our first and principal Instruction was, That we would surrender our Place of Lieutenant, &c. to such as the Parliament should appoint, upon these following Conditions.

First, That they procure his Majesties Direction for the doing thereof, &c. But further to clear it, in our seventh and last Instruction delivered unto our Commissioners, whereof the said Committee had likewise a Copy, it is further given in charge unto them in this manner, viz. If in the mean time whilst they take these Propositions and the rest into their Considerations, and till they have procured his Majesties Direction as aforesaid, the Parliament be pleased to send over such Supplies, as may relieve the Garrisons from ruin, through want, or by the hostile Attempts of the Rebels, the same shall be well husbanded for them, and imployed only to those Ends; both which Instructions leave no place for inference or implication to be made contrary to express Instructions. If the Parliament hath procured his Majesties Direction, the Condition is performed; but if that be not done, the Forces notwithstanding may be received and imployed in the present Service, and so all those inconveniencies may be prevented, which are feared: But if nothing that we can do can give satisfaction, but to deliver up the Sword, render all the Garrisons, and other Commands to the Pleasure of the Parliament, which we are bound by Oath to preserve and keep for his Majesty, before we do receive his Direction therein, We doubt not but we shall be acquit herein before God and Men if we insist upon the refusal of that which we cannot do without the Violation of our Oath to God and the King.

To sum up in brief those Particulars wherein we are. not satisfied by any of your Papers, nor by any thing which was delivered in the Conference.

First, You have shewed us no Direction from his Majesty to deliver the Sword, &c. Which you say you have not procured.

Secondly, You have not offered assurance to the Papists of this Kingdom, who have adhered to his Majesties Government since the 22. of October, 1641. for their Estates, which is confessed by you.

Thirdly, You have not undertaken, that the Covenant shall not be pressed, nor that the Book of Common-Prayer shall not be suppressed.

Fourthly, You have given no assurance either for the Continuance of the Judges and Officers of the Civil List, or the Officers of the Martial, in their respective Imployments, or the Clergy in their respective Rights and Incumcumbencies.

Fifthly, You have given us no satisfaction in that great and main Objection touching the present Parliament, which would be dissolved, if that we should deliver the Sword in manner as is desired: The Papers do clear none of these Particulars, and nothing was delivered positively in the Conference which doth any ways enlarge the former Papers. We know that in matters of so high and great concernment, you will go to the utmost Limits of your Instructions, and that in these things which seem doubtful to us, you will (if any expedient can be found for the continuing the Treaty) represent them to those who imployed you, in the best manner you can, for our Satisfaction; according to the promise made by you in your last Paper, for which we do return you thanks in the behalf of all his Majesties Protestant Subjects, and those who have faithfully adhered to them. And for that full Satisfaction cannot be given to us without your further Application to the Parliament, for enlarging your Powers. We being resolved to leave no means unattempted, that may conduce to the Preservation of his Majesties Protestant Subjects in this Kingdom, and the Rights of the Crown of England, and to the End the Forces brought hither by you, may be employed to those good Ends, whilst his Majesties pleasure by us, and that of the Parliament by you is sought, do offer these following Proportions.

First, That the Officers and Souldiers, sent hither by the Parliament of England be put into one, or more convenient Garrisons, and be commanded by their Respective Officers, who are to receive Orders from us and the Governours of the Places where they shall be garrison'd, and to be subject to the Laws Martial now in Force in this Kingdom.

Secondly, We desire, towards the keeping of the Army now under our Command for fix Weeks, three thousand Pounds, whereof two Parts in Money, and a third Part in Victuals.

Thirdly, That there be an Ingagement from you to us on the behalf of the Parliament, that the Officers and Souldiers which are to be Garrisoned, as in the first Proportion is mentioned, shall do no Act prejudicial to the present Government here; And that in Case we shall not at or before the Expiration of the said six Weeks agree, that they shall remove from those Places out of our Quarters, at such Time as we shall direct.

Fourthly, We shall engage our self unto you, that the said Officers and Souldiers, shall quietly and peaceably be permitted by us to remove with their Arms, Provisions, and other Things belonging unto them, to Shipboard, or to such other Places out of our Quarters, as you Sir Robert Meredith, Sir Thomas Wharton, Sir Robert King, and Sir John Clotworthy, Knights, and Richard Salwey Esquire, or any three of you shall direct: And to these our Propositions we desire your speedy Answer.

ORMOND.

Dublin, November 22. 1646.

Having received your Lordship's Papers of the 21 of November, and in them your Return to what was first delivered in Conference, and afterwards for your Lordship's Satisfaction put in Writing, and signed by us.

And whereas in those Papers, your Lordship desires a Copy of the Instruction, whereby Power is given us to agree for Pensions to the Value of two thousand Pounds per annum. We have thought fit (that nothing may be wanting on our Parts) herewith to deliver you a Copy of the said Instruction.

And however upon Perusal of your Lordship's Paper of the 21. of Nov. we find little Cause to believe Satisfaction will be received by your Lordship, as hath been endeavoured to be given by us; Yet forasmuch as your| third Paper of the 19. of November did express, that when you should receive in Writing signed by us, what was delivered in Conference to your Lordship, you would then declare unto us, whether or no you would rest satisfied therewith, or upon the whole Matter insist upon your Refusal, we desire your Lordship speedily to give us your positive Answer accordingly.

And withal, we hold it fit to declare, that as we conceive the Grounds of Satisfaction offered by us, do remain unanswered by your Lordship, and particularly touching the King's Consent and Direction (which you call Main and Fundamental,) we having made it appear that your Lordship's Overture to the Parliament, was, to put all your Forces and Garrisons under their sole Command (the King unconsulted with at all therein) so we no Ways think fit (though our Instructions should therein authorize us) to accept of the Propositions mentioned in the latter End of your Papers, as an expedient to continue any longer.

If yet your Lordship continue to refuse what we have offered, we can only give Account thereof to those that employed us, and must leave it to the World to judge, whether those Exceptions, taken and insisted on by your Lordship be consonant to those Grounds and Principles held forth in your Overture made to the Parliament, by which they were induced to send Succours hither, or whether all the Particulars (so far insisted on by your Lordship, that it appears not to us, you will recede from any one thereof) be of equal Concernment to that Hazard, yea, (according to your Lordships own Representation) that Certainty of Loss, not of a Kingdom only, but of thousands of Protestants, and together with them, the Protestant Religion also.

All which, by the great Care and pious Endeavours of the Parliament of England, might have been (through the Blessing of God) prevented, if what we have offered (and do yet offer) in their Names, be not by your Lordship refused.

  • Rob. Meredith.
  • Jo. Clotworthy.
  • Tho. Wharton.
  • Rob. King.
  • Rich. Salwey.

A Copy of the Instruction mentioned in the former Paper.

YOU, or any thee of you, have also hereby Power given you to agree for such Allowances to be paid to others by constant Pension, during the War of Ireland, (for the better and more firm carrying on of this Work) as shall not exceed in the whole, the Sum of two thousand Pounds per Annum, to all other Pensions besides the two thousand Pounds per Annum, to the Lord of Ormond: And those Persons to continue till they they can receive the like Benefit by their own Estates.

Signed as the rest of the Instructions.

Vera Copia, Ex. W. Rowe.

November 22. 1646.

Whereas by your Paper of the 22. of November, 1646. You affirm that you made it appear, that our Overture to the Parliament was to put our Forces and Garrisons under their sole Command, the King not consulted withal therein, we do positively affirm, that you neither have nor can make it appear, that we made Overture to the Parliament, to put all our Forces and Garrisons under their sole Command, the King unconsulted; for whatsoever hath been offered by us unto the Parliament by our Propositions and Instructions, We are constant thereunto, and still ready to perform.

ORMOND.

November 22. 1646.

Having received your Lordship's Paper of the 22. of November, (which we conceive needs no Reply) we desire to know whether your Lordship will return any further Answer to our first Paper of this Day's Date.

  • Rob. Meredith.
  • Jo. Clotworthy.
  • Tho. Wharton.
  • Rich. Salwey.
  • Rob. King.

November 22. 1646.

We may not return other Answer, than we have done in our former Papers, until we have consulted his Majesty, and received his Direction therein.

ORMOND.

November 22. 1646.

We having heard nothing from you since we sent our last Paper, we desire to know whether we shall understand this Treaty to be at an end for the present, that if neither our Propositions sent by us to the Parliament of England, nor the Propositions we sent unto you for the Stay of your Men, be assented unto, in Manner as is propounded, we may consider what further Course to take for the Preservation of his Majesty's Subjects and the Rights of the Crown.

ORMOND.

November 22. 1646.

In Answer to your Lordship's Paper of the 22. of November we return; That we continue assured, there is no other Way, according to the Representation made by your Lordship to the Parliament, of preserving the Protestants of the Kingdom of Ireland, nor of the Rights thereof relating to the Kingdom of England, but by accepting the Overtures made by us to your Lordship, according to our Papers delivered in; Your Lordship insisting upon a positive Refusal thereof, we understand the Treaty to be at an End; And as for the Offers lately made by your Lordship to us, we refer our selves to our Answer already given thereunto, and can in no wise accept of the same.

  • Rob. Meredith.
  • John Clotworthy.
  • Tho. Wharton.
  • Rich. Salwey.
  • Rob. King.