CELT document E640001-002

Observations on the Articles of Peace between James Earl of Ormond for King Charles the First on the one Hand, and the Irish Rebels and Papists on the other Hand [...]

John Milton

Edited by Robert Fletcher

 p.247

OBSERVATIONS ON THE ARTICLES OF PEACE, BETWEEN JAMES EARL OF ORMOND FOR KING CHARLES THE FIRST ON THE ONE HAND, AND THE IRISH REBELS AND PAPISTS ON THE OTHER HAND: AND ON A LETTER SENT BY ORMOND TO COLONEL JONES, GOVENOR OF DUBLIN. AND A REPRESENTATION OF THE SCOTS PRESBYTERY AT BELFAST IN IRELAND: To which the said Articles, Letter, with Colonel Jones's Answer to it, and Representation, &c. are prefixed. 1

A PROCLAMATION.

ORMOND,

Whereas articles of peace are made, concluded, accorded and agreed upon, by and between us, James lord marquis of Ormond, lord lieutenant-general, and general governor of his majesty's kingdom of Ireland, by virtue of the authority wherewith we are intrusted, for, and on the behalf of his most excellent majesty on the one part, and the general assembly of the Roman Catholics of the said kingdom, for and on the behalf of his majesty's Roman Catholic subjects of the same, on the other part; a true copy of which articles of peace are hereunto annexed: we, the lord lieutenant do, by this proclamation, in his majesty's name publish the same, and do in his majesty's name strictly charge and command all his majesty's subjects, and all others inhabiting or residing within his majesty's said kingdom of Ireland, to take notice thereof, and to render due obedience to the same in all the parts thereof.

And as his majesty hath been induced to this peace, out of a deep sense of the miseries and calamities brought upon this his kingdom and people, and out of hope conceived by his majesty, that it may prevent the further effusion of his subjects' blood, redeem them out o 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, traffic, 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 two long continued division amongst them: so his majesty assures himself, that all his subjects of this his kingdom (duly considering the great and inestimable benefits which they may find in this peace) will with all duty render due obedience thereunto. And we, in his majesty's name, do hereby declare, That all persons, so rendering due obedience to the said peace, shall be protected, cherished, countenanced, and supported by his majesty, and his royal authority, according to the true intent and meaning of the said articles of peace.

God save the King.
Given at our Castle at Kilkenny,

Articles of peace, made, concluded, accorded, and agreed upon by and between his excellency James lord marquis of Ormond, lord lieutenant-general, and general of his majesty's kingdom of Ireland, for, and on the behalf of, his most excellent majesty, by virtue of the authority wherewith the said lord lieutenant is intrusted, on the one part: and the general assembly of Roman Catholics of the said kingdom, for and on the behalf of his majesty's Roman Catholic subjects of the same, on the other part.

His majesty's Roman Catholic subjects, as thereunto bound by allegiance, duty, and nature, do most humbly and freely acknowledge and recognise their sovereign lord king Charles, to be lawful and undoubted king of this kingdom of Ireland, and other his highness' realms and dominions: and his majesty's said Roman Catholic subjects, apprehending with a deep sense the sad condition whereunto his majesty is reduced, as a further testimony of their loyalty do declare, that they and their posterity for ever, to the utmost of their power,  p.248 even to the expense of their blood and fortunes, will maintain and uphold his majesty, his heirs and lawful successors, their rights, prerogatives, government, and authority, and thereunto freely and heartily will render all due obedience.

Of which faithful and loyal recognition and declaration, so seasonably made by the said Roman Catholics, his majesty is graciously pleased to accept, and accordingly to own them his loyal and dutiful subjects: and is further graciously pleased to extend unto them the following graces and securities.

I. Imprimis, it is concluded, accorded, and agreed upon, by and between the said lord lieutenant, for, and on the behalf of his most excellent majesty, and the said general assembly, for and on the behalf of the said Roman Catholic subjects; and his majesty is graciously pleased, That it shall be enacted by act to be passed in the next parliament to be held in this kingdom, that all and every the professors of the Roman Catholic religion, within the said kingdom, shall be free and exempt from all mulcts, penalties, restraints, and inhibitions, that are or may be imposed upon them by any law, statute, usage, or custom whatsoever, for, or concerning the free exercise of the Roman Catholic religion: and that it shall be likewise enacted, That the said Roman Catholics, or any of them, shall not be questioned or molested in their persons, goods, or estates, for any matter or cause whatsoever, for, concerning, or by reason of the free exercise of their religion, by virtue of any power, authority, statute, law, or usage whatsoever: and that it shall be further enacted, That no Roman Catholic in this kingdom shall be compelled to exercise any religion, form of devotion, or divine service, other than such as shall be agreeable to their conscience; and that they shall not be prejudiced or molested in their persons, goods, or estates, for not observing, using, or hearing the book of common prayer, or any other form of devotion or divine service, by virtue of any colour or statute made in the second year of queen Elizabeth, or by virtue or colour of any other law, declaration of law, statute, custom, or usage whatsoever, made or declared, or to be made or declared: and that it shall be further enacted, that the professors of the Roman Catholic religion, or any of them, be not bound or obliged to take the oath, commonly called the oath of Supremacy, expressed in the statute of 2 Elizabeth, c. 1, or in any other statute or statutes: and that the said oath shall not be tendered unto them, and that the refusal of the said oath shall not redound to the prejudice of them, an any of them they taking the oath of allegiance in haec verba, viz. “I A. B. do hereby acknowledge, profess, testify, and declare in my conscience, before God and the world, that our sovereign lord king Charles is lawful and rightful king of this realm, and of other his majesty's dominions and countries; and I will bear faith and true allegiance to his majesty, and his heirs and successors, and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever, which shall be made against his or their crown and dignity; and do my best endeavour to disclose and make known to his majesty, his heirs and successors, or to the lord deputy, or other his majesty's chief governor or governors for the time being, all treason or traitorous conspiracies, which I shall know or hear to be intended against his majesty, or any of them: and I do make this recognition and acknowledgment, heartily, willingly, and truly, upon the true faith of a Christian; so help me God,” &c. Nevertheless, the said lord lieutenant doth not hereby intend, that any thing in these concessions contained shall extend, or be construed to extend, to the granting of churches, church-livings, or the exercise of jurisdiction, the authority of the said lord lieutenant not extending so far; yet the said lord lieutenant is authorized to give the said Roman Catholics full assurance, as hereby the said lord lieutenant doth give unto the said Roman Catholics full assurance, that they or any of them shall not be molested in the possession which they have at present of the churches or churchlivings, or of the exercise of their respective jurisdictions, as they now exercise the same, until such time as his majesty, upon a full consideration of the desires of the said Roman Catholics in a free parliament to be held in this kingdom, shall declare his further pleasure.

II. Item, It is concluded, accorded, and agreed upon, by and betweer the said parties, and his majesty is further graciously pleased, that a free parliament shall be held in this kingdom within six months after the date of these articles of peace, or as soon after as Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Brown, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or the major part of them, will desire the same, so that by possibility it may be held; and that in the mean time and until the articles of these presents, agreed to be passed in parliament, be accordingly passed, the same shall be inviolably observed as to the matters therein contained, as if they were enacted in parliament; and that in case a parliament be not called and held in this kingdom within two years next after the date of these articles of peace, then his majesty's lord lieutenant, or other his majesty's chief governor or governers of this kingdom for the time being, will, at the request of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Brown, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell esquires, or the major part of them, call a general assembly of the lords and commons of this kingdom, to attend upon the said lord lieutenant, or other his majesty's chief governor or governors of this kingdom for the time being, in such convenient place, for the better settling of the affairs of the kingdom. And it is further concluded, accorded, and agreed upon, by and between the said parties, that  p.249 all matters, that by these articles are agreed upon to be passed in parliament, shall be transmitted into England, according to the usual form, to be passed in the said parliament, and that the said acts so agreed upon, and so to be passed, shall receive no disjunction or alteration here in England; provided that nothing shall be concluded by both or either of the said houses of parliament, which may bring prejudice to any of his majesty's protestant party, or their adherents, or to his majesty's Roman Catholic subjects, or their adherents, other than such things as upon this treaty are concluded to be done, or such things as may be proper for the committee of privileges of either or both houses to take cognizance of, as in such cases heretofore hath been accustomed; and other than such matters as his majesty will be graciously pleased to declare his further pleasure in, to be passed in parliament for the satisfaction of his subjects; and other than such things as shall be propounded to either or both houses by his majesty's lord lieutenant or other chief governor or governors of this kingdom for the time being, during the said parliament, for the advancement of his majesty's service, and the peace of the kingdom; which clause is to admit no construction which may trench upon the articles of peace or any of them; and that both houses of parliament may consider what they shall think convenient touching the repeal or suspension of the statute, commonly called Poyning's Act, intitled, An Act that no parliament be holden in that land, until the Acts be certified into England.

III. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is graciously pleased, that all acts, ordinances, and orders, made by both or either houses of parliament to the blemish, dishonour, or prejudice of his majesty's Roman Catholic subjects of this kingdom, or any of them, since the 7th August 1641, shall be vacated; and that the same, and all exemplifications and other acts which continue the memory of them, be made void by act to be passed in the next parliament to be held in this kingdom: and that in the mean time the said acts or ordinances, or any of them, shall be no prejudice to the said Roman Catholics, or any of them.

IV. Item, It is also concluded, and agreed upon, and his majesty is likewise graciously pleased, that all indictments, attainders, outlawries in this kingdom, and all the processes and other proceedings thereupon, and all letters patents, grants, leases, customs, bonds, recognizances, and all records, act or acts, office or offices, inquisitions, and all other things depending upon, or taken by reason of the said indictments, attainders, or outlawries, since the 7th day of August, 1641, in prejudice of the said Catholics, their heirs, executors, administrators, or assigns, or any of them, or the widows of them, or any of them, shall be vacated and made void in such sort as no memory shall remain thereof, to the blemish, dishonour, or prejudice of the said Catholics, their heirs, executors, administrators, or assigns, or any of them; or the widows of them, or any of them: and that to be done when the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Brown, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or the major part of them, shall desire the same, so that by possibility it may be done: and in the mean time, that no such indictments, attainders, outlawries, processes, or any other proceedings thereupon, or any letters patents, grants, leases, custodiums, bonds, recognizances, or any record or acts, office or offices, inquisitions, or any other thing depending upon, or by reason of the said indictments, attainders, or outlawries, shall in any sort prejudice the said Roman Catholics, or any of them, but that they and every of them shall be forthwith, upon perfection of these articles, restored to their respective possessions and hereditaments respectively; provided, that no man shall be questioned, by reason hereof, for mesne rates or wastes, saving wilful wastes committed after the first day of May last past.

V. Item, It is likewise concluded, accorded, and agreed; and his majesty is graciously pleased, that as soon as possible may be, all impediments, which may hinder the said Roman Catholics to sit or vote in the next intended parliament, or to choose, or to be chosen, knights and burgesses, to sit or vote there, shall be removed, and that before the said parliament.

VI. Item, It is concluded, accorded, and agreed upon, and his majesty is further graciously pleased, that all debts shall remain as they were upon the twenty-third of October, 1641. Notwithstanding any disposition made or to be made, by virtue or colour of any attainder, outlawry, fugacy, or other forfeiture; and that no disposition or grant made, or to be made of any such debts, by virtue of any attainder, outlawry, fugacy, or other forfeiture, shall be of force; and this to be passed as an act in the next parliament.

VII. Item, It is further concluded, accorded, and agreed upon, and his majesty is graciously pleased, that for the securing of the estates or reputed estates of the lords, knights, gentlemen, and freeholders, or reputed freeholders, as well of Connaght and county of Clare, or country of Thomond, as of the counties of Limerick and Tipperary, the same to be secured by act of parliament, according to the intent of the twenty-fifth article of the graces granted in the fourth year of his majesty's reign, the tenor whereof, for so much as concerneth the same, doth ensue in these words, viz. We are graciously pleased, that for the inhabitants of Connaght and country of Thomond and county of Clare, that their several estates shall be confirmed unto them and their heirs against us, and our heirs and successors, by act to be passed in the next parliament to be holden in Ireland, to the end the same may never hereafter be brought into any further question by us, or our heirs and successors. In which act of parliament so to be passed, you are to take care, that all tenures in capite, and all rents and services as are now due, or which ought to be answered unto us out of the said lands and premises, by any letters patent passed thereof  p.250 since the first year of king Henry VIII., or found by any office taken from the said first year of king Henry VIII., until the twenty-first of July 1645, whereby our late dear father, or any his predecessors, actually received any profit by wardship, liveries, primer-seisins, mesne rates, ousterlemains, or fines of alienation without license, be again reserved unto us, our heirs and successors, and all the rest of the premises to be holden of our castle of Athlone by knight's service, according to our said late father's letters, notwithstanding any tenures in capite found for us by office, since the twenty-first of July 1615, and not appearing in any such letters patent, or offices; within which rule his majesty is likewise graciously pleased, that the said lands in the counties of Limerick and Tipperary be included, but to be held by such rents and tenures only, as they were in the fourth year of his majesty's reign; provided always, that the said lords, knights, gentlemen, and freeholders of the said province of Connaght, county of Clare, and country of Thomond, and counties of Tipperary and Limerick, shall have and enjoy the full benefit of such composition and agreement which shall be made with his most excellent majesty, for the court of wards, tenures, respites, and issues of homage, any clause in this article to the contrary notwithstanding. And as for the lands within the counties of Kilkenny and Wickloe, unto which his majesty was intitled by offices, taken or found in the time of the earl of Strafford's government in this kingdom, his majesty is further graciously pleased, that the state thereof shall be considered in the next intended parliament, where his majesty will assent unto that which shall be just and honourable; and that the like act of limitation of his majesty's titles, for the security of the estates of his subjects of this kingdom, be passed in the said parliament, as was enacted in the twenty-first year of his late majesty king James his reign in England.

VIII. Item, It is further concluded, accorded, and agreed upon, and his majesty is further graciously pleased, that all incapacities imposed upon the natives of this kingdom or any of them, as natives, by any act of parliament, provisoes in patents or otherwise, be taken away by act to be passed in the said parliament; and that they may be enabled to erect one or more inns of court in or near the city of Dublin or elsewhere, as shall be thought fit by his majesty's lord lieutenant, or other chief governor or governors of this kingdom for the time being; and in case the said inns of court shall be erected before the first day of the next parliament, then the same shall be in such places as his majesty's lord lieutenants or other chief governor or governors of this kingdom for the time being, by and with the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnell esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Brown, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, Gerrald Fennell, esquires, or any seven or more of them, shall think fit; and that such students, natives of this kingdom, as shall be therein, may take and receive the usual degrees accustomed in any inns of court, they taking the ensuing oath, viz. “I, A. B., do hereby acknowledge, profess, testify, and declare in my conscience before God and the world, that our sovereign lord king Charles is lawful and rightful king of this realm, and of other his majesty's dominions and countries; and I will bear faith and true allegiance to his majesty, and his heirs and successors, and him and them will defend to the utmost of my power against all conspiracies and attempts whatsoever, which shall be made against his or their crown and dignity; and do my best endeavour to disclose and make known to his majesty, his heirs and successors, or to the lord deputy, or other his majesty's chief governor or governors for the time being, all treason or traitorous conspiracies, which I shall know or hear to be intended against his majesty or any of them. And I do here make this recognition and acknowledgement heartily, willingly, and truly, upon the true faith of a Christian; so help me God,” &c. And his majesty is further graciously pleased, that his majesty's Roman Catholic subjects may erect and keep free schools for education of youths in this kingdom, any law or statute to the contrary notwithstanding; and that all the matters assented unto in this article be passed as acts of parliament in the said next parliament.

IX. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is graciously pleased, that places of command, honour, profit, and trust, in his majesty's armies in this kingdom, shall be, upon perfection of these articles, actually and by particular instances conferred upon his Roman Catholic subjects of this kingdom; and that upon the distribution, conferring, and disposing of the places of command, honour, profit, and trust, in his majesty's armies in this kingdom, for the future no difference shall be made between the said Roman Catholics, and other his majesty's subjects; but that such distribution shall be made with equal indifferency according to their respective merits and abilities; and that all his majesty's subjects of this kingdom, as well Roman Catholics as others, may, for his majesty's service and their own security, arm themselves the best they may, wherein they shall have all fitting encouragement. And it is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that places of command, honour, profit, and trust, in the civil government in this kingdom, shall be, upon passing of the bills in these articles mentioned in the next parliament, actually and by particular instances conferred upon his majesty's Roman Catholic subjects of this kingdom; and that in the distribution, conferring, and disposal of the places of command, honour, profit and trust, in the civil government, for the future no difference shall be made between the said Roman Catholics, and other 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  p.251 are, or hereafter shall be void in this kingdom, equality shall be used to the Roman Catholic natives of this kingdom, as to other his majesty's subjects; and that the command of forts, castles, garrison-towns, and other places of importance, of this kingdom, shall be conferred upon his majesty's Roman Catholic subjects of this kingdom, upon perfection of these articles, actually and by particular instances; and that in the distribution, conferring, and disposal of the forts, castles, garrison-towns, and other places of importance in this kingdom, no difference shall be made between his majesty's Roman Catholic subjects of this kingdom, and other his majesty's subjects, but that such distribution shall be made with equal indifferency, according to their respective merits and abilities; and that until full settlement in parliament, fifteen thousand foot and two thousand five hundred horse of the Roman Catholics of this kingdom shall be of the standing army of this kingdom; and that until full settlement in parliament as aforesaid, the said lord lieutenant, or other chief governor or governors of this kingdom for the time being, and the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them, the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon kt., sir Nicholas Plunket kt., sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, shall diminish or add unto the said number, as they shall see cause from time to time.

X. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that his majesty will accept of the yearly rent, or annual sum of twelve thousand pounds sterling, to be applotted with indifferency and equality, and consented to be paid to his majesty, his heirs and successors, in parliament, for and in lieu of the court of wards in this kingdom, tenures in capite, common knight's service, and all other tenures within the cognizance of that court, and for and in lieu of all wardships, primer-seisins, fines, ousterlemains, liveries, intrusions, alienations, mesne rates, releases, and all other profits, within the cognizance of the said court, or incident to the said tenures, or any of them, or fines to accrue to his majesty by reason of the said tenures or any of them, and for and in lieu of respites and issues of homage and fines for the same. And the said yearly rent being so applotted and consented unto in parliament as aforesaid, then a bill is to be agreed on in the said parliament, to be passed as an act for the securing of the said yearly rent, or annual sum of twelve thousand pounds, to be applotted as aforesaid, and for the extinction and taking away of the said court, and other matters aforesaid in this article contained. And it is further agreed, that reasonable compositions shall be accepted for wardships since the twenty-third of October 1641, and already granted; and that no wardships fallen and not granted, or that shall fall, shall be passed until the success of this article shall appear; and if his majesty be secured as aforesaid, then all wardships fallen since the said twenty-third of October, are to be included in the argument aforesaid, upon composition to be made with such as have grants as aforesaid; which composition, to be made with the grantees since the time aforesaid, is to be left to indifferent persons, and the umpirage to the said lord lieutenant.

XI. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that no nobleman or peer of this realm, in parliament, shall be hereafter capable of more proxies than two, and that blank proxies shall be hereafter totally disallowed; and that if such noblemen or peers of this realm, as have no estates in this kingdom, do not within five years, to begin from the conclusion of these articles, purchase in this kingdom as followeth, viz. a lord baron 200l. per annum, a lord viscount 400l. per annum, and an earl 600l. per annum, a marquis 800l. per annum, a duke 1000l. per annum, shall lose their votes in parliament, until such time as they shall afterwards acquire such estates respectively; and that none be admitted in the house of commons, but such as shall be estated and resident within this kingdom.

XII. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that as for and concerning the independency of the parliament of Ireland on the parliament of England, his majesty will leave both houses of parliament in this kingdom to make such declaration therein as shall be agreeable to the laws of the kingdom of Ireland.

XIII. Item, It is further concluded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that the council-table shall contain itself within its proper bounds, in handling matters of state and weight fit for that place; amongst which the patents of plantation, and the offices whereupon those grants are founded, to be handled, as matters of state, and to be heard and determined by his majesty's lord lieutenant, or other chief governor or governors for the time being, and the council publicly at the council-board, and not otherwise; but titles between party and party, grown after these patents granted, are to be left to the ordinary course of law; and that the council-table do not hereafter intermeddle with common business, that is within the cognizance of the ordinary courts, nor with the altering of possessions of lands, nor make, nor use, private orders, hearings, or references concerning any such matter, nor grant any injunction or order for stay of any suits in 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  p.252 pretended rights, without any restraint or interruption from his majesty, or otherwise, by the chief governor or governors and council of this kingdom: and that the proceedings in the respective precedency courts shall be pursuant and according to his majesty's printed book of instructions, and that they shall contain themselves within the limits prescribed by that book, when the kingdom shall be restored to such a degree of quietness, as they be not necessarily enforced to exceed the same. XIV. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that as for and concerning one statue made in this kingdom, in the eleventh year of the reign of queen Elizabeth, entitled, An Act for staying of wool-flocks, tallow, and other necessaries within this realm: and another statute made in the said kingdom, in the twelfth year of the reign of the said queen, entitled, An Act And one other statute made in the said kingdom, in the 13th year of the reign of the said late queen, entitled, An exemplanation of the act made in a session of this parliament for the staying of wool-flocks, tallow, and other wares and commodities mentioned in the said act, and certain articles added to the same act, all concerning staple or native commodities of this kingdom, shall be repealed, if it shall be so thought fit in the parliament, (excepting for wool and wool-fells,) and that such indifferent persons as shall be agreed on by the said lord lieutenant and the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knt. sir Nicholas Plunket knt. sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them, shall be authorized by commission under the great seal, to moderate and ascertain the rates of merchandize to be exported or imported out of, or into this kingdom, as they shall think fit.

XV. Item, It is concluded, accorded, and agreed, by and between the said parties, and his majesty is graciously pleased, that all and every person and persons within this kingdom, pretending to have suffered by offices found of several countries, territories, lands, and hereditaments in the province of Ulster, and other provinces of this kingdom, in or since the first year of king James his reign, or by attainders or forfeitures, or by pretence and colour thereof, since the said first year of king James, or by other acts depending on the said offices, attainders, and forfeitures, may petition his majesty in parliament for relief and redress; and if after examination it shall appear to his majesty, the said persons, or any of them, have been injured, then his majesty will prescribe a course to repair the person or persons so suffering, according to justice and honour.

XVI. Item, It is further concluded, accorded and agreed upon, by and between the said parties' and his majesty is graciously pleased, that as to the particular cases of Maurice lord viscount de Rupe and Fermoy, Arthur lord viscount Iveagh, sir Edward Fitz-Gerrald of Cloanglish baronet, Charles Mac-Carty Reag, Roger Moore, Anthony Mare, William Fitz-Gerrald, Anthony Lince, John Lacy, Collo Mac-Brien Mac-Mahone, Daniel Castigni, Edmond Fitz-Gerrald of Ballimartir, Lucas Keating, Theobald Roch Fitz-Miles, Thomas Fitz-Gerrald of the Valley, John Bourke of Logmaske, Edmond Fitz-Gerrald of Ballimallo, James Fitz-William Gerald of Glinane, and Edward Sutton, they may petition his majesty in the next parliament, whereupon his majesty will take such consideration of them as shall be just and fit.

XVII. Item, It is likewise concluded, accorded, and agreed upon, by and between the said parties, and his majesty is graciously pleased, that the citizens, freemen, burgesses, and former inhabitants of the city of Cork, towns of Youghall and Downegarven, shall be forthwith, upon perfection of these articles, restored to their respective possessions and estates in the said city and towns respectively, where the same extends not to the endangering of the said garrisons in the said city and towns. In which case, so many of the said citizens and inhabitants, as shall not be admitted to the present possession of their houses within the said city and towns, shall be afforded a valuable annual rent for the same, until settlement in parliament, at which time they shall be restored to those their possessions. And it is further agreed, and his majesty is graciously pleased, that the said citizens, freemen, burgesses, and inhabitants of the said city of Cork, and towns of Youghall and Downegarven, respectively, shall be enabled in convenient time before the next parliament to be held in this kingdom, to choose and return burgesses into the same parliament.

XVIII. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that an act of oblivion be passed in the next parliament, to extend to all his majesty's 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, or assigns of such of the said subjects and their adherents, who died on, before, or since, the 23d of October, 1641. That the said act do relate to the first day of the next parliament; that the said act do extend to all bodies politic and corporate, and their respective successors, and unto all cities, boroughs, counties, baronies, hundreds, towns, villages, thitlings, and every of them within this kingdom, for and concerning all and every of the said offences, and 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, before, in, or since the 23d of October, 1641. Provided this act shall not extend to be construed to pardon any offence or offences, for which any persons have been convicted or attainted on record  p.253 at any time before the 23d day of October, in the year of our Lord 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 politic or corporate, counties, cities, boroughs, baronies, hundreds, towns, villages, thitlings, or any of them within this kingdom, included within the said act, be troubled, impeached, sued, inquieted, or molested, for or by reason of any offence, matter, or thing whatsoever, comprised within the said act: and the said act shall extend to all rents, goods, and chattels taken, detained, or grown due to the subjects of the one party from the other since the 23d of October, 1641, to the date of these articles of peace; and also to all customs, rents, arrears of rents, to prizes, recognizances, bonds, fines, forfeitures, penalties, and to all other profits, perquisites, and dues which were due, or did or should accrue to his majesty on, before, or since the 23d of October, 1641, until the perfection of these articles, and likewise to all mesne rates, fines of what nature soever, recognizances, judgments, executions thereupon, and penalties whatsoever, and to all other profits due to his majesty since the said 23d of October and before, until the perfection of these articles, for, by reason, or which lay within the survey or recognizance 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 23d of October, 1641, which were then or before levied, or taken by the sheriffs, commissioners, receivers, or collectors, and not then or before accounted for, or since disposed to the public use of the said Roman Catholic subjects, but that such persons may be brought to account for the same after full settlement in parliament, and not before, unless by and with the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knt. sir Nicholas Plunket knt. sir Richard Barnwall baronet, Jeffery  p.254 Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them, as the said lord lieutenant otherwise shall think fit; provided, that such barbarous and inhuman crimes, as shall be particularized and agreed upon by the said lord lieutenant, and the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knt. sir Nicholas Plunket knt. sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven 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 Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knt. sir Nicholas Plunket knt. sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them; and that the power of the said commissioners shall continue only for two years next ensuing the date of their commission, which commission is to issue within six months after the date of these articles, provided also, that the commissioners, to be agreed on for the trial of the said particular crimes to be excepted, shall hear, order, and determine all cases of trust, where relief may or ought in equity to be afforded against all manner of persons, according to the equity and circumstances of every such cases; and his majesty's chief governor or governors, and other magistrates for the time being, in 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 precept, for, concerning, or by reason of any matter, cause, or thing whatsoever, released, forgiven, discharged, or to be forgiven by the said act, under pain of twenty pounds sterling, and that no sheriff or other officer do execute any such writ, process, summons, or precept; and that no record, writing, or memory, do remain of any offence or offences, released or forgiven, or mentioned to be forgiven by this act; and that all other clauses usually inserted in acts of general pardon or oblivion, enlarging his majesty's grace and mercy, not herein particularized, be inserted and comprised in the said act, when the bill shall be drawn up with the exceptions already expressed, and none other. Provided always, that the said act of oblivion shall not extend to any treason, felony, or other offence or offences, which shall be committed or done from or after the date of these articles, until the first day of the 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 of peace agreed upon, 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 Catholics after the date of the said articles, and before the said publication, shall not be accounted, taken, construed, or to be, treason, felony, or other offence to be excepted out of the said act of oblivion; provided likewise, that the said act of oblivion shall not extend unto any person or persons, that will not obey and submit unto the peace concluded and agreed on by these articles; provided further, that the said act of oblivion, or any thing in this article contained, shall not hinder or interrupt the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnough lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knt. sir Nicholas Plunket knt. sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them, to call to an account, and proceed against the council and congregation, and the respective supreme councils, commissioners general, appointed hitherto from time to time by the confederate Catholics to manage their affairs, or any other person or persons accountable to an accompt for their respective receipts and disbursements, since the beginning of their respective employments under the said confederate Catholics, or to acquit or release any arrear of excises, customs, or public taxes, to be accounted for since the 23d of October, 1641, and not disposed of hitherto to the public use, but that the parties therein concerned may be called to an account for the same as aforesaid, by the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knt. sir Nicholas Plunket knt. sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennel, esqrs. or any seven or more of them, the said act or any thing therein contained to the contrary notwithstanding.

XIX. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is graciously pleased, that an act be passed in the next parliament, prohibiting, that neither the lord deputy or other chief governor or governors, lord chancellor, lord high treasurer, vicetreasurer, 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.

XX. Item, It is likewise concluded, accorded, and agreed, and his majesty is graciously pleased, that an act of parliament pass in this kingdom against monopolies, such as was enacted in England 21 Jacobi Regis, with a further clause of repealing of all grants of monopolies in this kingdom; and that commissioners be agreed upon by the said lord lieutenant, and the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knt. sir Nicholas Plunket kt. sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them, to set down the rates for the custom and imposition to be laid on Aquavitae, Wine, Oil, Yarn, and Tobacco.

XXI. Item, It is concluded, accorded, and agreed, and his majesty is graciously pleased, that such persons as shall be agreed on by the said lord lieutenant and the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord Viscount Muskerry, Francis lord Baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knt. sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them, shall be as soon as may be authorized by commission under the great seal, to regulate the court of castle-chamber, and such causes as shall be brought into, and censured in the said court.

XXII. Item, It is concluded, accorded, and agreed upon, and his majesty is graciously pleased, that two acts lately passed in this kingdom, one prohibiting the plowing with horses by the tail, and the other prohibiting the burning of oats in the straw, be repealed.

XXIII. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, for as much as upon application of agents from this kingdom unto his majesty in the fourth year of his reign, and lately upon humble suit made unto his 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 the articles, whereof both houses in the next ensuing parliament shall desire the benefit of his majesty's said former directions for redress therein, that the same be afforded them; yet so as for prevention of inconveniences to his majesty's service, that the warning mentioned in the 24th article of the graces in the fourth year of his majesty's reign to be so understood, that the warning being left at the person's dwelling houses be held sufficient warning; and as to the 22d article of the said graces, the process hitherto used in the court of wards do still continue, as hitherto it hath done in that, and hath been used in other English courts; but the court of wards being compounded for, so much of the aforesaid answer as concerns warning and process shall be omitted.

XXIV. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that maritime causes may be determined in this kingdom, without driving of merchants or others to appeal and seek justice elsewhere: and if it shall fall out, that there be cause of an appeal, the party grieved is to appeal to his majesty in the chancery of Ireland; and that sentence thereupon to be given by the delegates, to be definitive, and not be questioned upon any further appeal, except it be in the parliament of this kingdom, if the parliament shall then be sitting, otherwise not, this to be by act of parliament; and until the said parliament, the admiralty and maritime causes shall be ordered and settled by the said lord lieutenant, or other chief governor or governors of this kingdom for the time being, by and with the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them.

XXV. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is graciously pleased, that his majesty's  p.255 subjects of this kingdom be eased of all rents and increase of rents lately raised on the commission or defective titles in the earl of Strafford's government, this to be by act of parliament; and that in the mean time the said rents or increase of rents shall not be written for by any process, or the payment thereof in any sort procured.

XXVI. 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-money, which did accrue and grow due by way of debt, mortgage, or otherwise, and yet not so satisfied since the 23d 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 centum. And in cases of equity, arising through disability, occasioned by the distempers of the times, the considerations of equity to be like unto both parties: but as for mortgages contracted between his majesty's Roman Catholic subjects and others of that party, where entry hath been made by the mortgagers against law, and the condition of their mortgages, and detained wrongfully by them without giving any satisfaction to the mortgagees, or where any such mortgagers have made profit of the lands mortgaged above country charges, yet answer no rent, or other consideration to the mortgagees, the parties grieved respectively to be left for relief to a course of equity therein.

XXVII. Item, It is further concluded, accorded, and agreed upon, and his majesty is further graciously pleased, that, immediately upon perfection of these articles, the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel, esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, shall be authorized by the said lord lieutenant, to proceed in, hear, determine, and execute, in and throughout this kingdom, the ensuing particulars, and all the matters thereupon depending; and that such authority, and other the authorities hereafter mentioned, shall remain of force without revocation, alteration, or diminution, until acts of parliament be passed, according to the purport and intent of these articles; and that in case of death, miscarriage, disability to serve by reason of sickness or otherwise of any the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, and his majesty's lord lieutenant, or other chief governor or governors of this kingdom for the time being, shall name and authorize another in the place of such as shall be so dead or shall miscarry himself, or be so disabled, and that the same shall be such person as shall be allowed of by the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them then living. And that the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them, shall have power to applot, raise, and levy means with indifferency and equality by way of excise or otherwise, upon all his majesty's subjects within the said kingdom, their persons, estates, and goods, towards the maintenance of such army or armies as shall be thought fit to continue, and be in pay for his majesty's service, the defence of the kingdom, and other the necessary public charges thereof, and towards the maintenance of the forts, castles, garrisons, and towns, until there shall be a settlement in parliament of both or either party, other than such of the said forts, garrisons, and castles, as from time to time shall be thought fit, by his majesty's chief governor or governors of this kingdom for the time being, by and with the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them, not to be maintained at the charge of the public: provided, that his majesty's lord lieutenant, or other chief governor or governors of this kingdom for the time being, be first made acquainted with such taxes, levies, and exercises as shall be made, and the manner of levying thereof, and that he approve the same; and to the end that such of the protestant party, as shall submit to the peace, may in the several countries, where any of their estates lie, have equality, and indifferency in the assessments and levies, that shall concern their estates in the said several counties.

It is concluded, accorded, and agreed upon, and his majesty is graciously pleased, that in the directions, which shall issue to any such county, for the applotting, sub-dividing, and levying of the said public assessments, some of the said protestant party shall be joined with others of the Roman Catholic party to that purpose, and for effecting that service; and the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon kt. sir Nicholas Plunket kt. sir Richard  p.256 Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them, shall have power to levy the arrears of all exercises and other public taxes imposed by the confederate Roman Catholics, and yet unpaid, and to call receivers and other accomptants of all former taxes and all public dues to a just and strict account, either by themselves, or by such as they or any seven or more of them shall name or appoint; and that the said lord lieutenant, or any other chief governor or governors of this kingdom for the time being, shall from time to time issue commissions to such person or persons as shall be named and appointed by the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon kt. sir Nicholas Plunket kt. sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them, for letting, setting, and improving the estates of all such person and persons, as shall adhere to any party opposing his majesty's authority, and not submitting to the peace; and that the profits of such estates shall be converted by the said lord lieutenant, or other chief governor, or governors of this kingdom for the time being, to the maintenance of the king's army and other necessary charges, until settlement by parliament; and that the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon kt. sir Nicholas Plunket kt. sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven 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 the entertaining of frigates in such proportion as shall be thought fit by his majesty's lord lieutenant or other chief governors of this kingdom for the time being, by and with the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon kt. sir Nicholas Plunket kt. sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them; the said arms and ammunition to be laid up in such magazines, and under the charge of such persons as shall be agreed on by the said lord lieutenant, and the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon kt. sir Nicholas Plunket kt. sir Richard Barnwall baronet, Jeffery Browne, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or any seven or more of them, and to be disposed of, and the said frigates to be employed for his majesty's service, and the public use and benefit of this kingdom of Ireland; and that the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c. or any seven 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 part of counties, now within the quarters and only upon the estates of the said confederate Roman Catholics, all such sum and sums of money as shall appear to the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c. or any seven or more of them, to be really due, for and in the discharge of the public engagements of the said confederate Catholics, incurred and grown due before the conclusion of these articles; and that the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c. or any seven or more of them, shall be authorized to appoint receivers, collectors, and all other officers, for such monies as shall be assessed, taxed, or applotted, in pursuance of the authorities mentioned in this article, and for the arrears of all former applotments, taxes, and other public dues yet unpaid: and that the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c. or any seven or more of them, in case of refractories or delinquency, may distrain and imprison, and cause such delinquents to be distrained and imprisoned. And the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c. or any seven or more of them, make perfect books of all such moneys as shall be applotted, raised, or levied, out of which books they are to make several and respective abstracts, to be delivered under their hands, or the hands of any seven or more of them, to the several and respective collectors, which shall be appointed to levy and receive the same. And that a duplicate of the said books, under the hands of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c. or any seven or more of them, be delivered unto his majesty's lord lieutenant, or other chief governor or governors of this kingdom for the time being, whereby a perfect account may be given; and that the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c. or any seven or more of them, shall have power to call the council and congregation, and the respective supreme councils, and commissioners general, appointed hitherto from time to time, by the said confederate Roman Catholics, to manage their public affairs, and all other persons accountable, to an account, for all their receipts and disbursements since the beginning of their respective employments under the confederate Roman Catholics.

 p.257

XXVIII. Item, It is concluded, accorded, and agreed, by and between the said parties, and his majesty is graciously pleased, that for the preservation of the peace and tranquillity of the kingdom, the said lord lieutenant, and the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven 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, assizes and gaol-delivery, in and throughout the kingdom, to continue during pleasure, with such power as justices of the peace, oyer and terminer, assizes and gaol-delivery in former time of peace have usually had, which is not to extend unto any crime or offence committed before the first of May last past, and to be qualified with power to hear and determine all civil causes coming before them, not exceeding ten pounds: provided that 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 shipping, cattle, or goods, heretofore taken by either party from the other, or other injuries done contrary to the articles of cessation, concluded by and with the said Roman Catholic party in or since May last, but that the same shall be determined by such indifferent persons, as the lord lieutenant, by the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them, shall think fit, to the end that speedy and equal justice may be done to all parties grieved; and the said commissioners are to make their estreats as accustomed of peace, and shall take the ensuing oath, viz. You shall swear, that as justice of the peace, oyer and terminer, assizes and gaol-delivery in the counties of A. B. in all articles of the commission to you directed, you shall do equal right to the poor and to the rich, after your cunning and wit and power, and after the laws and customs of the realm, and in pursuance of these articles: and you shall not be of counsel 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 entered without any concealment or embezzling, and send to the court of exchequer, or to such other place as his majesty's lord lieutenant, or other chief governor or governors of this kinghom, shall appoint, until there may be access unto the said court of exchequer: you shall not lett for gift or other cause, but well and truly you shall do your office of justice of peace, oyer and terminer, assizes and gaol-delivery in that behalf; and that you take nothing for your office of justice of the peace, oyer and terminer, assizes and gaol-delivery to be done, but of the king, and fees accustomed; and you shall not direct, or cause to be directed, any warrant by you, to be made to the parties, but you shall direct them to the sheriffs and bailiffs of the said counties respectively, or other the king's officers or ministers, or other indifferent persons to do execution thereof. So help your God, &c.

And that as well in the said commission, as in all other commissions and authorities to be issued in pursuance of the present articles, this clause shall be inserted, viz. That all officers, civil and martial, shall be required to be aiding and assisting and obedient unto the said commissioners, and other persons, to be authorized as aforesaid in the execution of their respective powers.

XXIX. 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's Roman Catholic subjects do continue the possession of such of his majesty's cities, garrisons, towns, forts, and castles, which are within their now quarters, until settlement by parliament, and to be commanded, ruled, and governed in chief, upon occasions of necessity, (as to the martial and military affairs,) by such as his majesty, or his chief governor or governors of this kingdom for the time being, shall appoint; and the said appointment to be by and with the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them; and his majesty's chief governor or governors, is to issue commissions accordingly to such persons as shall be so named and appointed as aforesaid, for the executing of such command, rule, or government, to continue until all the particulars in these present articles, agreed on to pass in parliament, shall be accordingly passed: only in case of death or misbehaviour, such other person or persons to be appointed for the said command, rule, or government, to be named aud appointed in the place or places of him or them, who shall so die or misbehave themselves, as the chief governor or governors for the time being, by the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them, shall think fit, and to be continued until a settlement in parliament as aforesaid.

XXX. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that all customs and tenths of prizes belonging to his majesty, which from the perfection of these articles shall fall due within this kingdom, shall be paid unto his majesty's receipt, or until recourse may be had thereunto in the ordinary legal way, unto such person or persons, and in such place or places, and under such controls, as the lord lieutenant shall appoint to be disposed of, in order to the defence and safety of the kingdom, and the defraying of other the necessary public charges thereof, for the ease of the subjects in other their levies, charges, and applotments. And that all and every person or persons, who are at present entrusted and employed by the said Roman Catholics in the entries, receipts, collections, or otherwise, concerning the said customs and tenths of prizes, do continue their respective employments  p.258 in the same, until full settlement in parliament, accountable to his majesty's receipts, or until recourse may be had thereunto; as the said lord lieutenant shall appoint as aforesaid, other than to such, and so many of them, as to the chief governor or governors for the time being, by and with the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them, shall be thought fit to be altered; and then, and in such case, or in case of death, fraud, or misbehaviour, or other alteration of any such person or persons, then such other person or persons to be employed therein, as shall be thought fit by the chief governor or governors for the time being, by and with the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them; and when it shall appear, that any person or persons, who shall be found faithful to his majesty, hath right to any of the offices or places about the said customs, whereunto he or they may not be admitted until settlement in parliament as aforesaid, that a reasonable compensation shall be afforded to such person or persons for the same.

XXXI. Item, As for and concerning his majesty's rents payable at Easter next, and from thenceforth to grow due, until a settlement in parliament, it is concluded, accorded, and agreed upon, by and between the said parties, and his majesty is graciously pleased, that the said rents be not written for, or levied, until a full settlement in parliament; and in due time upon application to be made to the said lord lieutenant, or other chief governor or governors of this kingdom, by the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them, for remittal of those rents, the said lord lieutenant, or any other chief governor or governors of this kingdom for the time being, shall intimate their desires, and the reason thereof, to his majesty, who, upon consideration of the present condition of this kingdom, will declare his gracious pleasure therein, as shall be just, and honourable, and satisfactory to the reasonable desires of his subjects.

XXXII. Item, It is concluded, accorded, and agreed, by and between the said parties, and his majesty is graciously pleased, that the commissioners of oyer and terminer and gaol-delivery to be named as aforesaid, shall have power to hear and determine all murders, manslaughters, rapes, stealths, burning of houses and corn in rick or stack, robberies, burglaries, forcible entries, detainers of possessions, and other offences committed or done, and to be committed and done since the first day of May last past, until the first day of the next parliament, these present articles, or any thing therein contained to the contrary notwithstanding; provided, that the authority of the said commissioners shall not extend to question any person or persons, for doing or committing any act whatsoever, before the conclusion of this treaty, by virtue or colour of any warrant or direction from those in public authority among the confederate Roman Catholics, nor unto any act, which shall be done after the perfecting and concluding of these articles, by virtue or pretence of any authority, which is now by these articles agreed on: provided also, that the said commission shall not continue longer than the first day of the next parliament.

XXXIII. Item, It is concluded, accorded by and between the said parties, and his majesty is further graciously pleased, that, for the determining such differences, which may arise between his majesty's subjects within this kingdom, and the prevention of inconvenience and disquiet, which through want of due remedy in several causes may happen, there shall be judicatures established in this kingdom, and that the persons to be authorized in them shall have power to do all such things as shall be proper and necessary for them to do; and the said lord lieutenant, by and with the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them, shall name the said persons so to be authorized, and to do all other things incident unto and necessary for the settling of the said intended judicatures.

XXXIV. Item, At the instance, humble suit, and earnest desire of the general assembly of the confederate Roman Catholics, it is concluded, accorded, and agreed upon, that the Roman Catholic regular clergy of this kingdom, behaving themselves conformable to these articles of peace, shall not be molested in the possessions which at present they have of, and in the bodies, sites, and precincts of such abbeys and monasteries belonging to any Roman Catholic within the said kingdom, until settlement by parliament; and that the said clergy shall not be molested in the enjoying such pensions as hitherto since the wars they enjoyed for their respective livelihoods from the said Roman Catholics: and the sites and precincts hereby intended, are declared to be the body of the abbey, one garden and orchard to each abbey, if any there be, and what else is contained within the walls, meers, or ancient fences or ditch, that doth supply the wall thereof, and no more.

XXXV. Item, It is concluded, accorded, and agreed, by and between the said parties, that as to all other demands of the said Roman Catholics, for or concerning all or any the matters proposed by them, not granted or assented unto in and by the aforesaid articles, the said Roman Catholics be referred to his majesty's gracious favour and further concessions. In witness whereof the said lord lieutenant, for and on the behalf of his most excellent majesty, to the one part of these articles remaining with the said Roman Catholics, hath put his hand and seal: and sir Richard Blake, knt., in the chair of the general assembly of the said Roman Catholics, by order, command, and unanimous consent of the said Catholics in full assembly, to the other part thereof remaining with the said lord lieutenant, hath  p.259 put to his hand and the public seal hitherto used by the said Roman Catholics, the 17th of January, 1648, and in the 24th year of the reign of our sovereign lord Charles, by the grace of God, king of Great Britain, France, and Ireland, &c.

Sir,

I have not thus long foreborne to invite you, with those under your command, to a submission to his majesty's authority in me, and a conjunction with me, in the ways of his service, out of any the least aversion I had to you or any of them, or out of any disesteem I had to your power, to advance or impede the same; but out of my fear, whiles those, that have of late usurped power over the subjects of England, held forth the least colourable shadow of moderation in their intentions towards the settlement of church or state, and that in some tolerable way with relation to religion, the interest of the king and crown, the freedom of parliament, the liberties of the subject, any addresses from me proposing the withdrawing of that party from those thus professing, from whom they have received some, and expected further support, would have been but coldly received, and any determination thereupon deferred, in hope and expectation of the forementioned settlement; or that you yourself, who certainly have not wanted a foresight of the sad confusion now covering the face of England, would have declared with me, the lord Inchequeen, and the Protestant army in Munster, in prevention thereof; yet my fear was, it would have been as difficult for you, to have carried with you the main body of the army under your command, (not so clear-sighted as yourself,) as it would have been dangerous to you and those with you well-inclined, to have attempted it without them; but now that the mask of hypocrisy, by which the independent army hath ensnared and enslaved all estates and degrees of men, is laid aside, now that, barefaced, they evidently appear to be the subverters of true religion, and to be the protectors and inviters not only of all false ones, but of irreligion, and atheism, now that they have barbarously and inhumanly laid violent, sacrilegious hands upon and murdered God's anointed, and our king, not as heretofore some parricides have done, to make room for some usurper, but in a way plainly manifesting their intentions to change the monarchy of England into anarchy, unless their aim be first to constitute an elective kingdom; and Cromwell or some such John of Leyden being elected, then by the same force, by which they have thus far compassed their ends, to establish a perfect Turkish tyranny; now that of the three estates of king, lords, and commons, whereof in all ages parliaments have consisted, there remains only a small number, and they the dregs and scum of the house of commons, picked and awed by the army, a wicked remnant, left for no other end, than yet further if it be possible to delude the people with the name of a parliament: the king being murdered, the lords and the rest of the commons being by unheard-of violence at several times forced from the houses, and some imprisoned. And now that there remains no other liberty in the subject but to profess blasphemous opinions, to revile and tread under foot magistracy, to murder magistrates, and oppress and undo all that are not likeminded with them. Now I say, that I cannot doubt but that you and all with you under your command will take this opportunity to act and declare against so monstrous and unparalleled a rebellion, and that you and they will cheerfully acknowledge, and faithfully serve and obey our gracious king Charles II. undoubted heir of his father's crown and virtues; under whose right and conduct we may by God's assistance restore protestant religion to purity; and therein settle it, parliaments to their freedom, good laws to their force, and our fellow-subjects to their just liberties; wherein how glorious and blessed a thing it will be, to be so considerably instrumental, as you may now make yourself, I leave to you now to consider. And though I conceive there are not any motives relating to some particular interest to be mentioned after these so weighty considerations, which are such as the world hath not been at any time furnished with; yet I hold it my part to assure you, that as there is nothing you can reasonably propose for the safety, satisfaction, or advantage of yourself, or of any that shall adhere to you in what I desire, that I shall not to the uttermost of my power provide for; so there is nothing I would, nor shall more industriously avoid, than those necessities arising from my duty to God and man, that may by your rejecting this offer force me to be a sad instrument of shedding English blood, which in such case must on both sides happen. If this overture find place with you, as I earnestly wish it may, let me know with what possible speed you can, and if you please by the bearer, in what way you desire it shall be drawn on to a conclusion. For in that, as well as in the substance, you shall find all ready compliance from me, that desire to be

Your affectionate friend to serve you, Carrick,

ORMOND. For Colonel Michael Jones, Governor of Dublin.

My Lord,

Your lordship's of the ninth I received the twelfth instant, and therein have I your lordship's invitation to a conjunction with yourself (I suppose) as lord lieutenant of Ireland, and with others now united with the Irish, and with the Irish themselves also.

As I understand not how your lordship should be invested with that power pretended, so am I very well assured, that it is not in the power of any without the parliament of England, to give and assure pardon to those bloody rebels, as by the act to that end passed may appear more fully. I am also well assured, that the parliament of England would never assent to such a peace, (such as is that of your lordship's with the rebels,) wherein is little or no provision made either for the protestants or the protestant religion. Nor can I understand how the protestant religion should be settled and restored to its purity by an army of papists, or the protestant interests maintained by those very enemies,  p.260 by whom they have been spoiled and there slaughtered: and very evident it is, that both the protestants and protestant religion are, in that your lordship's treaty, left as in the power of the rebels, to be by them borne down and rooted out at pleasure.

As for that consideration by your lordship offered of the present and late proceedings in England, I see not how it may be a sufficient motive to me (or any other in like trust for the parliament of England in the service of the kingdom) to join with those rebels, upon any the pretences in that your lordship's letter mentioned; for therein were there a manifest betraying that trust reposed in me, in deserting the service and work committed to me, in joining with those I shall oppose, and in opposing whom I am obliged to serve.

Neither conceive I it any part of my work and care, to take notice of any whatsoever proceedings of state, foreign to my charge and trust here, especially they being found hereunto apparently destructive.

Most certain it is, and former ages have approved it, that the intermeddling of governors and parties in this kingdom, with sidings and parties in England, have been the very betraying of this kingdom to the Irish, whiles the British forces here had been thereupon called off, and the place therein laid open, and as it were given up to the common enemy.

It is what your lordship might have observed in your former treaty with the rebels, that, upon your lordship's thereupon withdrawing, and sending hence into England the most considerable part of the English army then commanded by you; thereby was the remaining British party not long after overpowered, and your quarters by the Irish overrun to the gates of Dublin, yourself also reduced to that low condition, as to be besieged in this very city, (the metropolis and principal citadel of the kingdom,) and that by those rebels, who till then could never stand before you: and what the end hath been of that party, also so sent by your lordship into England, (although the flower and strength of the English army here, both officers and soldiers,) hath been very observable.

And how much the dangers are at present (more than in former ages) of hazarding the English interest in this kingdom, by sending any parties hence into any other kingdom upon any pretences whatsoever, is very apparent, as in the generality of the rebellion, now more than formerly; so considering your lordship's present conclusions with and concessions to the rebels, wherein they are allowed the continual possession of all the cities, forts, and places of strength, whereof they stood possessed at the time of their treaty with your lordship, and that they are to have a standing force (if I well remember) of 15,000 foot and 2500 horse, (all of their own party, officers and soldiers,) and they (with the whole kingdom) to be regulated by a major part of Irish trustees, chosen by the rebels themselves, as persons for their interests and ends, to be by them confided in, without whom nothing is to be acted. Therein I cannot but mind your lordship of what hath been sometimes by yourself delivered, as your sense in this particular; that the English interest in Ireland must be preserved by the English, and not by Irish; and upon that ground (if I be not deceived) did your lordship then capitulate with the parliament of England, from which clear principle I am sorry to see your lordship now receding.

As to that by your lordship menaced us here, of blood and force, if dissenting from your lordship's ways and designs, for my particular I shall (my lord) much rather choose to suffer in so doing, (for therein shall I do what is becoming, and answerable to my trust,) than to purchase myself on the contrary the ignominious brand of perfidy by any allurements of whatsover advantages offered me. But very confident I am of the same divine power, which hath still followed me in this work, and will still follow me; and in that trust doubt nothing of thus giving your lordship plainly this my resolution in that particular.

So I remain,
Your lordship's humble servant, Dublin,

(Signed) MIC. JONES. For the lord of Ormond these.

BY THE LORD LIEUTENANT GENERAL OF IRELAND.

Ormond,

Whereas our late sovereign lord king Charles of happy memory hath been lately by a party of his rebellious subjects of England most traitorously, maliciously, and inhumanly put to death and murdered; and forasmuch as his majesty that now is, Charles by the grace of God king of England, Scotland, France, and Ireland, is son and heir of his said late majesty, and therefore by the laws of the land, of force, and practised in all ages is to inherit. We therefore, in discharge of the duty we owe unto God, our allegiance and loyalty to our sovereign, holding it fit him so to proclaim in and through this his majesty's kingdom, do by this our present proclamation declare and manifest to the world, that Charles II., son and heir of our sovereign lord king Charles I., of happy memory, is, by the grace of God, the undoubted king of England, Scotland, France, and Ireland, defender of the faith, &c.

Given at Carrick,

God save the King.

A NECESSARY REPRESENTATION
Of the present Evils and imminent Dangers to Religion, Laws, and Liberties, arising from the late and present Practices of the Sectarian Party in England: together with an Exhortation to Duties relating to the Covenant, unto all within our charge, and to all the well affected within this kingdom, by the Presbytery at Belfast, February the 15th, 1649.

When we seriously consider the great and many duties, which we owe unto God and his people, over  p.261 whom he hath made us overseers, and for whom we must give an account; and when we behold the laudable examples of the worthy ministers of the province of London, and of the commissioners of the general assembly of the church of Scotland, in their free and faithful testimonies against the insolencies of the sectarian party in England: considering also the dependency of this kingdom upon the kingdom of England, and remembering how against strong oppositions we were assisted by the Lord the last year in the discharge of the like duty, and how he punished the contempt of our warning upon the despisers thereof: we find ourselves as necessitated, so the more encouraged, to cast in our mite in the treasury, lest our silence should involve us in the guilt of unfaithfulness, and our people in security and neglect of duties.

In this discharge of the trust put upon us by God, we would not be looked upon as sowers of sedition, or broachers of national and divisive motions; our record is in heaven, that nothing is more hateful unto us, nor less intended by us, and therefore we shall not fear the malicious and wicked aspersions, which we know Satan by his instruments is ready to cast, not only upon us, but on all who sincerely endeavour the advancement of reformation.

What of late have been, and now are, the insolent and presumptuous practices of the sectaries in England, is not unknown to the world: for, First, notwithstanding their specious pretences for religion and liberties, yet their late and present actings, being therewith compared, do clearly evidence, that they love a rough garment to deceive; since they have with a high hand despised the oath, in breaking the covenant, which is so strong a foundation to both, whilst they load it with slighting reproaches, calling it a bundle of particular and contrary interests, and a snare to the people; and likewise labour to establish by laws an universal toleration of all religions, which is an innovation overturning of unity in religion, and so directly repugnant to the word of God, the two first articles of our solemn covenant, which is the greatest wickedness in them to violate, since many of the chiefest of themselves have, with their hands, testified to the most high God, sworn and sealed it.

Moreover, their great disaffection to the settlement of religion, and so their future breach of covenant, doth more fully appear by their strong oppositions to Presbyterian government, (the hedge and bulwark of religion,) whilst they express their hatred to it more than to the worst of errors, by excluding it under the name of compulsion; when they embrace even Paganism and Judaism in the arms of toleration. Not to speak of their aspersions upon it, and the assertors thereof, as Antichristian and popish, though they have deeply sworn, to maintain the same government in the first article of the covenant, as it is established in the church of Scotland, which they now so despitefully blaspheme. Again, it is more than manifest, that they seek not the vindication, but the extirpation of laws and liberties, as appears by their seizing on the person of the king, and at their pleasure removing him from place to place, not only without the consent, but (if we mistake not) against a direct ordinance of parliament: their violent surprising, imprisoning, and secluding many of the most worthy members of the honourable house of commons, directly against a declared privilege of parliament, (an action certainly without parallel in any age,) and their purposes of abolishing parliamentary power for the future, and establishing of a representative (as they call it) instead thereof. Neither hath their fury staid here, but without all rule or example, being but private men, they have proceeded to the trial of the king, against both interest and protestation of the kingdom of Scotland, and the former public declarations of both kingdoms, (besides the violent haste, rejecting the hearing of any defences,) with cruel hands have put him to death; an act so horrible, as no history, divine or human, hath laid a precedent of the like.

These and many other their detestable insolences may abundantly convince every unbiassed judgment, that the present practice of the sectaries and their abettors do directly overturn the laws and liberties of the kingdoms, root out lawful and supreme magistracy, (the just privileges whereof we have sworn to maintain,) and introduce a fearful confusion and lawless anarchy.

The Spirit of God by Solomon tells us, Prov. xxx. 21, That a servant to reign, is one of the four things for which the earth is disquieted, and which it cannot bear: we wonder nothing, that the earth is disquieted for these things; but we wonder greatly, if the earth can bear them. And albeit the Lord so permit, that folly be set in great dignity, and they which sit in low place; “that servants ride upon horses, and princes walk as servants upon the earth,” Eccles. x. ver. 6, 7, yet the same wise man saith, Prov. xix., “Delight is not seemly for a fool, much less for a servant to have rule over princes.”

When we consider these things, we cannot but declare and manifest our utter dislike and detestation of such unwarrantable practices, directly subverting our covenant, religion, laws, and liberties. And as watchmen in Sion, warn all the lovers of truth and well affected to the covenant, carefully to avoid compliance with, or not bearing witness against, horrid insolences, lest partaking with them in their sins, they also be partakers of their plagues. Therefore in the spirit of meekness, we earnestly intreat, and in the authority of Jesus Christ (whose servants we are) charge and obtest all, who resolve to adhere unto truth, and the covenant diligently to observe, and conscientiously to perform these following duties.

First, That, according to our solemn covenant, every one study more the power of godliness and personal reformation of themselves and families; because, for the great breach of this part of the covenant, God is highly offended with these lands, and justly provoked to permit men to be the instruments of our misery and afflictions.

Secondly, That every one in their station and calling earnestly contend for the faith, which was once delivered to the saints, Jude 3. And seek to have their  p.262 hearts established with grace, that they be not unstable and wavering, carried about with every wind of doctrine; but that they receive the truth in love, avoiding the company of such as withdraw from and villify the public ordinances; speak evil of church-government; invent damnable errors, under the specious pretence of a gospel-way and new light; and highly extol the persons and courses of notorious sectaries, lest God give them over to strong delusions (the plague of these times) that they may believe lies, and be damned.

Thirdly, That they would not be drawn by counsel, command, or example, to shake off the ancient and fundamental government of these kingdoms by king and parliament, which we are so deeply engaged to preserve by our solemn covenant, as they would not be found guilty of the great evil of these times, (condemned by the Holy Ghost,) the despising of dominion and speaking evil of dignities. Fourthly, That they do cordially endeavour the preservation of the union amongst the well-affected in the kingdoms, not being swayed by any national respect: remembering that part of the covenant; “that we shall not suffer ourselves directly nor indirectly, by whatsoever combination, persuasion, or terror, to be divided or withdrawn from this blessed union and conjunction.”

And Finally, Albeit there be more present hazard from the power of sectaries, (as were from malignants the last year,) yet we are not ignorant of the evil purposes of malignants, even at this time, in all the kingdoms, and particularly in this; and for this cause, we exhort every one with equal watchfulness to keep themselves free from associating with such, or from swerving in their judgments to malignant principles; and to avoid all such persons as have been from the beginning known opposers of reformation, refusers of the covenant, combining themselves with papists and other notorious malignants, especially such who have been chief promoters of the late engagement against England, calumniators of the work of reformation, in reputing the miseries of the present times unto the advancers thereof; and that their just hatred to sectaries incline not their minds to favour malignants, or to think, that, because of the power of sectaries, the cause of God needs the more to fear the enmity, or to stand in need of the help, of malignants.

OBSERVATIONS UPON THE ARTICLES OF PEACE WITH THE IRISH REBELS. ON THE LETTER OF ORMOND TO COLONEL JONES, AND THE REPRESENTATION OF THE PRESBYTERY AT BELFAST.

Although it be a maxim much agreeable to wisdom, that just deeds are the best answer to injurious words; and actions of whatever sort, their own plainest interpreters; yet since our enemies can find the leisure both ways to offend us, it will be requisite, we should be found in neither of those ways neglectful of our just defence: to let them know, that sincere and upright intentions can certainly with as much ease deliver themselves into words as into deeds.

Having therefore seen of late those articles of peace granted to the papist rebels of Ireland, as special graces and favours from the late king, in reward, most likely, of their work done, and in his name and authority confirmed and ratified by James earl of Ormond; together with his letter to Colonel Jones, governor of Dublin, full of contumely and dishonour, both to the parliament and army: and on the other side, an insolent and seditious representation from the Scots presbytery at Belfast in the North of Ireland, no less dishonourable to the state, and much about the same time brought hither: there will be needful as to the same slanderous aspersions but one and the same vindication against them both. Nor can we sever them in our notice and resentment, though one part entitled a presbytery, and would be thought a protestant assembly, since their own unexampled virulence hath wrapt them into the same guilt, made them accomplices and assistants to the abhorred Irish rebels, and with them at present to advance the same interest: if we consider both their calumnies, their hatred, and the pretended reasons of their hatred to be the same; the time also and the place concurring, as that there lacks nothing but a few formal words, which may be easily dissembled, to make the perfectest conjunction; and between them to divide that island.

As for these articles of peace made with those inhuman rebels and papists of Ireland by the late king, as one of his last masterpieces, we may be confidently persuaded, that no true-born Englishman can so much as barely read them without indignation and disdain; that those bloody rebels, and so proclaimed and judged of by the king himself, after the merciless and barbarous massacre of so many thousand English, (who had used their right and title to that country with such tenderness and moderation, and might otherwise have secured themselves with ease against their treachery,) should be now graced and rewarded with such freedoms and enlargements, as none of their ancestors could ever  p.263 merit by their best obedience, which at best was always treacherous; to be enfranchised with full liberty equal to their conquerors, whom the just revenge of ancient piracies, cruel captivities, and the causeless infestation of our coast, had warrantably called over, and the long prescription of many hundred years; besides what other titles are acknowledged by their own Irish parliament, had fixed and seated in that soil with as good a right as the merest natives.

These, therefore, by their own foregoing demerits and provocations justly made our vassals, are by the first article of this peace advanced to a condition of freedom superior to what any English protestants durst have demanded. For what else can be the meaning to discharge them the common oath of supremacy, especially being papists, (for whom principally that oath was intended,) but either to resign them the more into their own power, or to set a mark of dishonour upon the British loyalty; by trusting Irish rebels for one single oath of allegiance, as much as all his subjects of Britain for the double swearing both of allegiance and supremacy?

The second article puts it into the hands of an Irish parliament to repeal, or to suspend, if they think convenient, the act usually called Poyning's Act, which was the main, and yet the civilest and most moderate, acknowledgment imposed of their dependence on the crown of England; whereby no parliament could be summoned there, no bill be passed, but what was first to be transmitted and allowed under the great seal of England. The recalling of which act tends openly to invest them with a law-giving power of their own, enables them by degrees to throw of all subjection to this realm, and renders them (who by their endless treasons and revolts have deserved to hold no parliament at all, but to be governed by edicts and garrisons) as absolute and supreme in that assembly, as the people of England in their own land. And the twelfth article grants them in express words, that the Irish parliament shall be no more dependent on the parliament of England, that the Irish themselves shall declare agreeable to the laws of Ireland.

The two and twentieth article, more ridiculous than dangerous, coming especially from such a serious knot of lords and politicians, obtains, that those acts prohibiting to plow with horses by the tail, and burn oats in the straw, be repealed; enough, if nothing else, to declare in them a disposition not only sottish, but indocible, and averse from all civility and amendment: and what hopes they give for the future, who, rejecting the ingenuity of all other nations to improve and wax more civil by a civilizing conquest, though all these many years better shown and taught, prefer their own absurd and savage customs before the most convincing evidence of reason and demonstration: a testimony of their true barbarism and obdurate wilfulness, to be expected no less in other matters of greatest moment.

Yet such as these, and thus affected, the ninth article entrusts with the militia; a trust which the king swore by God at Newmarket he would not commit to his parliament of England, no, not for an hour. And well declares the confidence he had in Irish rebels, more than in his loyalest subjects. He grants them moreover, till the performance of all these articles, that fifteen thousand foot and two thousand five hundred horse shall remain a standing army of papists at the beck and command of Dillon, Muskerry, and other arch-rebels, with power also of adding to that number as they shall see cause. And by other articles allows them the constituting of magistrates and judges in all causes, whom they think fit: and till a settlement to their own minds, the possession of all those towns and countries within their new quarters, being little less than all the island, besides what their cruelty hath dispeopled and laid waste. And lastly, the whole managing both of peace and war is committed to papists, and the chief leaders of that rebellion.

Now let all men judge what this wants of utter alienating and acquitting the whole province of Ireland from all true fealty and obedience to the commonwealth of England. Which act of any king against the consent of his parliament, though no other crime were laid against him, might of itself strongly conduce to the disenthroning him of all. In France, Henry the Third, demanding leave in greatest exigencies to make sale of some crown-lands only, and that to his subjects, was answered by the parliament then at Blois, that a king in no case, though of extremest necessity, might alienate the patrimony of his crown, whereof he is but only usufructuary, as civilians term it, the propriety remaining ever to the kingdom, not to the king. And in our own nation, King John, for resigning, though unwillingly, his crown to the pope's legate, with little more hazard to his kingdom than the payment of one thousand marks, and the unsightliness of such a ceremony, was deposed by his barons, and Lewis, the French king's son, elected in his room. And to have carried only the jewels, plate, and treasure into Ireland, without consent of the nobility, was one of those impeachments, that condemned Richard the Second to lose his crown.

But how petty a crime this will seem to the alienating of a whole kingdom, which in these articles of peace we see as good as done by the late king, not to friends but to mortal enemies, to the accomplishment of his own interests and ends, wholly separate from the people's good, may without aggravation be easily conceived. Nay, by the covenant itself, since that so cavillously is urged against us, we are enjoined in the fourth article, with all faithfulness to endeavour the bringing all such to public trial and condign punishment, as shall divide one kingdom from another. And what greater dividing than by a pernicious and hostile peace, to disalliege a whole feudary kingdom from the ancient dominion of England? Exception we find there of no person whatsoever; and if the king, who hath actually done this, or any for him, claim a privilege above justice, it is again demanded by what express law either of God or man, and why he whose office is to execute law and justice upon all others, should set himself like a demigod in lawless and unbounded anarchy; refusing to be accountable for that authority over men naturally  p.264 his equals, which God himself without a reason given is not wont to exercise over his creatures? And if God, the nearer to be acquainted with mankind and his frailties, and to become our priest, made himself a man, and subject to the law, we gladly would be instructed, why any mortal man, for the good and welfare of his brethren being made a king, should by a clean contrary motion make himself a god, exalted above law; the readiest way to become utterly unsensible, both of his human condition, and his own duty.

And how securely, how smoothly, with how little touch or sense of any commiseration, either princely or so much as human, he hath sold away that justice so oft demanded, and so oft by himself acknowledged to be due, for the blood of more than two hundred thousand of his subjects, that never hurt him, never disobeyed him, assassinated and cut in pieces by those Irish barbarians, to give the first promoting, as is more than thought, to his own tyrannical designs in England, will appear by the eighteenth article of his peace; wherein, without the least regard of justice to avenge the dead, while he thirsts to be avenged upon the living, to all the murders, massacres, treasons, piracies, from the very fatal day, wherein that rebellion first broke out, he grants an act of oblivion. If this can be justified, or not punished in whomsoever, while there is any faith, any religion, any justice upon earth, there can no reason be alleged, why all things are not left to confusion. And thus much be observed in brief concerning these articles of peace made by the late king with his Irish rebels.

The letter of Ormond sent to Colonel Jones, governor of Dublin, attempting his fidelity, which the discretion and true worth of that gentleman hath so well answered and repulsed, had passed here without mention, but that the other part of it, not content to do the errand of treason, roves into a long digression of evil and reproachful language to the parliament and army of England, which though not worth their notice, as from a crew of rebels whose inhumanities are long since become the horror and execration of all that hear them, yet in the pursuance of a good endeavour, to give the world all due satisfaction of the present doings, no opportunity shall be omitted.

He accuses first, “That we are the subverters of religion, the protectors and inviters not only of all false ones, but of irreligion and atheism.” An accusation that no man living could more unjustly use than our accuser himself; and which, without a strange besottedness, he could not expect but to be retorted upon his own head. All men, who are true protestants, of which number he gives out to be one, know not a more immediate and killing subverter of all true religion than Antichrist, whom they generally believe to be the pope and church of Rome; he therefore, who makes peace with this grand enemy and persecutor of the true church, he who joins with him, strengthens him, gives him root to grow up and spread his poison, removing all opposition against him, granting him schools, abbeys, and revenues, garrisons, towns, fortresses, as in so many of those articles may be seen, he of all protestants may be called most justly the subverter of true religion, the protector and inviter of irreligion and atheism, whether it be Ormond or his master. And if it can be no way proved, that the parliament hath countenanced popery or papists, but have every where broken their temporal power, thrown down their public superstitions, and confined them to the bare enjoyment of that which is not in our reach, their consciences; if they have encouraged all true ministers of the gospel, that is to say, afforded them favour and protection in all places where they preached, and although they think not money or stipend to be the best encouragement of a true pastor, yet therein also have not been wanting nor intend to be, they doubt not then to affirm themselves, not the subverters, but the maintainers and defenders of true religion; which of itself and by consequence is the surest and the strongest subversion, not only of all false ones, but of irreligion and atheism. For “the weapons of that warfare,” as the apostle testifies, who best knew, “are not carnal, but mighty through God to the pulling down of strong holds, and all reasonings, and every high thing exalted against the knowledge of God, surprising every thought unto the obedience of Christ, and easily revenging all disobedience,” 2 Cor. x. What minister or clergyman, that either understood his high calling, or sought not to erect a secular and carnal tyranny over spiritual things, would neglect this ample and sublime power conferred upon him, and come a begging to the weak hand of magistracy for that kind of aid which the magistrate hath no commission to afford him, and in the way he seeks it hath been always found helpless and unprofitable. Neither is it unknown, or by wisest men unobserved, that the church began then most apparently to degenerate, and go to ruin, when she borrowed of the civil power more than fair encouragement and protection; more than which Christ himself and his apostles never required. To say therefore, that we protect and invite all false religions, with irreligion also and atheism, because we lend not, or rather misapply not, the temporal power to help out, though in vain, the sloth, the spleen, the insufficiency of churchmen, in the execution of spiritual discipline over those within their charge, or those without, is an imputation that may be laid as well upon the best regulated states and governments through the world: who have been so prudent as never to employ the civil sword further than the edge of it could reach, that is, to civil offences only; proving always against objects that were spiritual a ridiculous weapon. Our protection therefore to men in civil matters unoffensive we cannot deny; their consciences we leave, as not within our cognizance, to the proper cure of instruction, praying for them. Nevertheless, if any be found among us declared atheists, malicious enemies of God, and of Christ; the parliament, I think, professes not to tolerate such, but with all befitting endeavours to suppress them. Otherways to protect none that in a larger way may be taxed of irreligion and atheism, may perhaps be the ready way to exclude none sooner out of protection, than those themselves that most accuse it to be so general to  p.265 others. Lastly, that we invite such as these, or encourage them, is a mere slander without proof. He tells us next, that they have murdered the king. And they deny not to have justly and undauntedly, as became the parliament of England, for more bloodshed and other heinous crimes than ever king of this land was guilty of, after open trial, punished him with death. A matter, which to men, whose serious consideration thereof hath left no certain precept or example undebated, is so far from giving offence, that we implore and beseech the Divine Majesty so to uphold and support their spirits with like fortitude and magnanimity, that all their ensuing actions may correspond and prove worthy that impartial and noble piece of justice, wherein the hand of God appeared so evidently on our side. We shall not then need to fear, what all the rout and faction of men basely principled can do against us. The end of our proceedings, which he takes upon him to have discovered, “the changing forsooth of monarchy into anarchy,” sounds so like the smattering of some raw politician, and the overworn objection of every trivial talker, that we leave him in the number. But seeing in that which follows he contains not himself, but, contrary to what a gentleman should know of civility, proceeds to the contemptuous naming of a person, whose valour and high merit many enemies more noble than himself have both honoured and feared; to assert his good name and reputation of whose service the commonwealth receives so ample satisfaction, it is answered in his behalf, that Cromwell, whom he couples with a name of scorn, hath done in few years more eminent and remarkable deeds, whereon to found nobility in his house, though it were wanting, and perpetual renown to posterity, than Ormond and all his ancestors put together can show from any record of their Irish exploits, the widest scene of their glory.

He passes on his groundless objectures, that the aim of this parliament may be perhaps to set up first an elective kingdom, and after that a perfect Turkish tyranny. Of the former we suppose the late act against monarchy will suffice to acquit them. Of the latter certainly there needed no other pattern than that tyranny, which was so long modelling by the late king himself, with Strafford, and that archprelate of Canterbury, his chief instruments; whose designs God hath dissipated. Neither is it any new project of the monarchs, and their courtiers in these days, though Christians they would be thought, to endeavour the introducing of a plain Turkish tyranny. Witness that consultation had in the court of France under Charles the IXth at Blois, wherein Poncet, a certain court-projector, brought in secretly by the chancellor Biragha, after many praises of the Ottoman government, proposes means and ways at large, in presence of the king, the queen regent, and Anjou the king's brother, how with best expedition and least noise the Turkish tyranny might be set up in France, It appears therefore, that the design of bringing in that tyranny, is a monarchical design, and not of those who have dissolved monarchy.

As for parliaments by three estates, we know, that a parliament signifies no more than the supreme and general council of a nation, consisting of whomsoever chosen and assembled for the public good; which was ever practised, and in all sorts of government, before the word parliament or the formality, or the possibility of those three estates, or such a thing as a titular monarchy, had either name or being in the world. The original of all which we could produce to be far newer than those “all ages” which he vaunts of, and by such first invented and contrived, whose authority, though it were Charles Martel, stands not so high in our repute, either for himself, or the age he lived in, but that with as good warrant we may recede from what he ordained, as he ordain what before was not. But whereas besides he is bold to allege, that of the three estates there remains only a small number, and they the “dregs and scum of the house of commons;” this reproach, and in the mouth of an Irishman, concerns not them only; but redounds to apparent dishonour of the whole English nation. Doubtless there must be thought a great scarcity in England of persons honourable and deserving, or else of judgment, or so much as honesty in the people, if those, whom they esteem worthy to sit in parliament, be no better than scum and dregs in the Irish dialect. But of such like stuff we meet not any where with more excrescence than in his own lavish pen; which feeling itself loose without the reins of discretion, rambles for the most part beyond all soberness and civility. In which torrent he goes on negotiating and cheapening the loyalty of our faithful governor of Dublin, as if the known and tried constancy of that valiant gentleman were to be bought with court fumes.

He lays before him, that “there remains now no other liberty in the subject, but to profess blasphemous opinions, to revile and tread under foot magistracy, to murder magistrates, to oppress and undo all that are not like-minded with us.” Forgetting in the mean while himself to be in the head of a mixed rabble, part papists, part fugitives, and part savages, guilty in the highest degree of all these crimes. What more blasphemous, not opinion, but whole religion, than popery, plunged into idolatrous and ceremonial superstition, the very death of all true religion; figured to us by the Scripture itself in the shape of that beast, full of the names of blasphemy, which we mention to him as to one that would be counted protestant, and had his breeding in the house of a bishop? And who are those that have trod under foot magistracy, murdered magistrates, oppressed and undone all that sided not with them, but the Irish rebels, in that horrible conspiracy, for which Ormond himself hath either been or seemed to be their enemy, though now their ringleader? And let him ask the Jesuits about him, whether it be not their known doctrine and also practice, not by fair and due process of justice to punish kings and magistrates, which we disavow not, but to murder them in the basest and most assassinous manner, if their church interest so require. There will not need more words to this windy railer, convicted openly of all those crimes,  p.266 which he so confidently, and yet falsely, charges upon others.

We have now to deal, though in the same country, with another sort of adversaries, in show far different, in substance muchwhat the same. These write themselves the presbytery of Belfast, a place better known by the name of a late barony, than by the fame of these men's doctrine or ecclesiastical deeds: whose obscurity till now never came to our hearing. And surely we should think this their representment far beneath considerable, who have neglected and passed over the like unadvisedness of their fellows in other places more near us, were it not to observe in some particulars the sympathy, good intelligence, and joint pace which they go in the north of Ireland, with their copartning rebels in the south, driving on the same interest to lose us that kingdom, that they may gain it themselves, or at least share in the spoil: though the other be open enemies, these pretended brethren.

The introduction of their manifesto out of doubt must be zealous; “Their duty,” they say, “to God and his people, over whom he hath made them overseers, and for whom they must give account.” What mean these men? Is the presbytery of Belfast, a small town in Ulster, of so large extent, that their voices cannot serve to teach duties in the congregation which they oversee, without spreading and divulging to all parts, far beyond the diocese of Patrick or Columba, their written representation, under the subtle pretence of feeding their own flock? Or do they think to oversee, or undertake to give an account for, all to whom their paper sends greeting? St. Paul to the elders of Ephesus thinks it sufficient to give charge, “That they take heed to themselves, and to the flock over which they were made overseers,” beyond those bounds he enlarges not their commission. And surely when we put down bishops and put up presbyters, which the most of them have made use of to enrich and exalt themselves, and turn the first heel against their benefactors, we did not think, that one classic fraternity, so obscure and so remote, should involve us and all state-affairs within the censure and jurisdiction of Belfast, upon pretence of overseeing their own charge.

We very well know, that church-censures are limited to church-matters, and these within the compass of their own province, or to say more truly, of their own congregation: that affairs of state are not for their meddling, as we could urge even from their own invectives and protestations against the bishops, wherein they tell them with much fervency, that ministers of the gospel, neither by that function, nor any other which they ought accept, have the least warrant to be pragmatical in the state. And surely in vain were bishops for these and other causes forbid to sit and vote in the house, if these men out of the house, and without vote, shall claim and be permitted more license on their presbyterial stools, to breed continual disturbance by interposing in the commonwealth. But seeing that now, since their heaving out the prelates to heave in themselves, they devise new ways to bring both ends together, which will never meet; that is to say, their former doctrine with their present doings, as “that they cannot else teach magistrates and subjects their duty, and that they have besides a right themselves to speak as members of the commonwealth;” let them know, that there is a wide difference between the general exhortation to justice and obedience, which in this point is the utmost of their duty, and the state-disputes wherein they are now grown such busy-bodies, to preach of titles, interests, and alterations in government: more than our Saviour himself, or any of his apostles, ever took upon them, though the title both of Caesar and of Herod, and what they did in matters of state, might have then admitted controversy enough.

Next, for their civil capacities, we are sure, that pulpits and church-assemblies, whether classical or provincial, never were intended or allowed by wise magistrates, no, nor by him that sent them, to advance such purposes, but that as members of the commonwealth they ought to mix with other commoners, and in that temporal body to assume nothing above other private persons, or otherwise than in a usual and legal manner: not by distinct remonstrances and representments, as if they were a tribe and party by themselves, which is the next immediate way to make the church lift a horn against the state, and claim an absolute and undepending jurisdiction, as from like advantage and occasion (to the trouble of all Christendom) the pope hath for many ages done; and not only our bishops were climbing after him, but our presbyters also, as by late experiment we find. Of this representation therefore we can esteem and judge no other than of a slanderous and seditious libel, sent abroad by a sort of incendiaries, to delude and make the better way under the cunning and plausible name of a presbytery.

A second reason of their representing is, “that they consider the dependence of that kingdom upon England,” which is another shameless untruth that ever they considered; as their own actions will declare, by conniving, and in their silence partaking, with those in Ulster, whose obedience, by what we have yet heard, stands dubious, and with an eye of conformity rather to the north, than to that part where they owe their subjection; and this in all likelihood by the inducement and instigation of these representers: who so far from considering their dependence on England, as to presume at every word to term proceedings of parliament, “the insolences of a sectarian party, and of private men.” Despising dominion, and speaking evil of dignities, which hypocritically they would seem to dissuade others from; and not fearing the due correction of their superiors, that may in fit season overtake them. Whenas the least consideration of their dependence on England, would have kept them better in their duty.

The third reason which they use makes against them; the remembrance how God punished the contempt of their warning last year upon the breakers of covenant, whenas the next year after they forget the warning of that punishment hanging over their own heads for the very same transgression, their manifest breach of covenant  p.267 by this seditious representation, accompanied with the doubtful obedience of that province which represents it.

And thus we have their preface supported with three reasons; two of them notorious falsities, and the third against themselves; and two examples, “the province of London, and the commissioners of the kirk-assembly.” But certain, if canonical examples bind not, much less do apocryphal. Proceeding to avouch the trust put upon them by God, which is plainly proved to be none of this nature, “they would not be looked upon as sowers of sedition, or authors of divisive motions; their record,” they say, “is in heaven,” and their truth and honesty no man knows where. For is not this a shameless hypocrisy, and of mere wolves in sheep's clothing, to sow sedition in the ears of all men, and to face us down to the very act, that they are authors of no such matter? But let the sequel both of their paper, and the obedience of the place wherein they are, determine.

Nay, while we are yet writing these things, and foretelling all men the rebellion, which was even then designed in the close purpose of these unhallowed priestlings, at the very time when with their lips they disclaimed all sowing of sedition, news is brought, and too true, that the Scottish inhabitants of that province are actually revolted, and have not only besieged in Londonderry those forces, which were to have fought against Ormond and the Irish rebels; but have in a manner declared with them, and begun open war against the parliament; and all this by the incitement and illusions of that unchristian synagogue at Belfast, who yet dare charge the parliament, “that, notwithstanding specious pretences, yet their actings do evidence, that they love a rough garment to deceive.” The deceit we own not, but the comparison, by what at first sight may seem alluded, we accept: for that hairy roughness assumed won Jacob the birthright both temporal and eternal; and God we trust hath so disposed the mouth of these Balaams, that, coming to curse, they have stumbled into a kind of blessing, and compared our actings to the faithful act of that patriarch.

But if they mean, as more probably their meaning was, that “rough garment” spoken of Zach. xiii. 4, we may then behold the pitiful store of learning and theology, which these deceivers have thought sufficient to uphold their credit with the people, who, though the rancour that leavens them have somewhat quickened the common drawling of their pulpit elocution, yet for want of stock enough in scripture-phrase to serve the necessary uses of their malice, they are become so liberal, as to part freely with their own budge-gowns from off their backs, and bestow them on the magistrate as a rough garment to deceive; rather than not be furnished with a reproach, though never so improper, never so odious to be turned upon themselves. For but with half an eye cast upon that text, any man will soon discern that rough garment to be their own coat, their own livery, the very badge and cognizance of such false prophets as themselves, who, when they understand, or ever seriously mind, the beginning of that 4th verse, may “be ashamed every one of his lying vision,” and may justly fear that foregoing denouncement to such “as speak lies in the name of the Lord,” verse 3, lurking under the rough garment of outward rigour and formality, whereby they cheat the simple. So that “this rough garment to deceive” we bring ye once again, grave sirs, into your own vestry; or with Zachary shall not think much to fit it to your own shoulders. To bestow aught in good earnest on the magistrate, we know your classic priestship is too gripple, for ye are always begging: and for this rough gown to deceive, we are confident ye cannot spare it; it is your Sunday's gown, your every day gown, your only gown, the gown of your faculty; your divining gown; to take it from ye were sacrilege. Wear it therefore, and possess it yourselves, most grave and reverend Carmelites, that all men, both young and old, as we hope they will shortly, may yet better know ye, and distinguish ye by it; and give to your rough gown, wherever they meet it, whether in pulpit, classis, or provincial synod, the precedency and the pre-eminence of deceiving.

They charge us next, that we have broken the covenant, and loaden it with slighting reproaches. For the reproaching, let them answer that are guilty, whereof the state we are sure cannot be accused. For the breaking, let us hear wherein. “In labouring,” say they, “to establish by law a universal toleration of all religions.” This touches not the state; for certainly were they so minded, they need not labour it, but do it, having power in their hands; and we know of no act as yet passed to that purpose. But suppose it done, wherein is the covenant broke? The covenant enjoins us to endeavour the extirpation first of popery and prelacy, then of heresy, schism, and profaneness, and whatsoever shall be found contrary to sound doctrine and the power of godliness. And this we cease not to do by all effectual and proper means: but these divines might know, that to extirpate all these things can be no work of the civil sword, but of the spiritual, which is the word of God.

No man well in his wits, endeavouring to root up weeds out of his ground, instead of using the spade will take a mallet or a beetle. Nor doth the covenant any way engage us to extirpate, or to prosecute the men, but the heresies and errors in them, which we tell these divines, and the rest that understand not, belongs chiefly to their own function, in the diligent preaching and insisting upon sound doctrine; in the confuting, not the railing down, errors, encountering both in public and private conference, and by the power of truth, not of persecution, subduing those authors of heretical opinions; and lastly in the spiritual execution of church-discipline within their own congregations. In all these ways we shall assist them, favour them, and as far as appertains to us join with them, and moreover not tolerate the free exercise of any religion, which shall be found absolutely contrary to sound doctrine or the power of godliness; for the conscience, we must have patience till it be within our  p.268 verge. And thus doing, we shall believe to have kept exactly all that is required from us by the covenant. Whilst they by their seditious practices against us, than which nothing for the present can add more assistance or advantage to those bloody rebels and papists in the south, will be found most pernicious covenant-breakers themselves, and as deep in that guilt, as those of their own nation the last year; the warning of whose ill success, like men hardened for the same judgment, they miserably pervert to an encouragement in the same offence, if not a far worse: for now they have joined interest with the Irish rebels, who have ever fought against the covenant, whereas their countrymen the year before made the covenant their plea. But as it is a peculiar mercy of God to his people, while they remain his, to preserve them from wicked considerations: so it is a mark and punishment of hypocrites, to be driven at length to mix their cause, and the interest of their covenant, with God's enemies.

And whereas they affirm, that the tolerating of all religions, in the manner that we tolerate them, is an innovation; we must acquaint them, that we are able to make it good, if need be, both by Scripture and the primitive fathers, and the frequent assertion of whole churches and protestant states in their remonstrances and expostulations against the popish tyranny over souls. And what force of argument do these doctors bring to the contrary? But we have long observed to what pass the bold ignorance and sloth of our clergy tends no less now than in the bishop's days, to make their bare sayings and censures authentic with the people, though destitute of any proof or argument. But thanks be to God, they are discerned.

Their next impeachment is, “that we oppose the presbyterial government, the hedge and bulwark of religion.” Which all the land knows to be a most impudent falsehood, having established it with all freedom, wherever it hath been desired. Nevertheless, as we perceive it aspiring to be a compulsive power upon all without exception in parochial, classical, and provincial hierarchies, or to require the fleshly arm of magistracy in the execution of a spiritual discipline, to punish and amerce by any corporal infliction those whose consciences cannot be edified by what authority they are compelled, we hold it no more to be “the hedge and bulwark of religion,” than the popish or prelatical courts, or the Spanish inquisition.

But we are told, “we embrace paganism and Judaism in the arms of toleration.” A most audacious calumny! And yet while we detest Judaism, we know ourselves commanded by St. Paul, Rom. xi., to respect the Jews, and by all means to endeavour their conversion.

Neither was it ever sworn in the covenant, to maintain an universal presbytery in England, as they falsely allege, but in Scotland against the common enemy, if our aid were called for: being left free to reform our own country according to the word of God, and the example of best reformed churches; from which rule we are not yet departed.

But here, utterly forgetting to be ministers of the gospel, they presume to open their mouths, not “in the spirit of meekness,” as like dissemblers they pretend, but with as much devilish malice, impudence, and falsehood, as any Irish rebel could have uttered, and from a barbarous nook of Ireland brand us with the extirpation of laws and liberties; things which they seem as little to understand, as aught that belong to good letters or humanity.

“That we seized on the person of the king;” who was surrendered into our hands an enemy and captive by our own subordinate and paid army of Scots in England. Next, “our imprisoning many members of the house.” As if it were impossible they should deserve it, conspiring and bandying against the public good; which to the other part appearing, and with the power they had, not resisting had been a manifest desertion of their trust and duty. No question but it is as good and necessary to expel rotten members out of the house, as to banish delinquents out of the land: and the reason holds as well in forty as in five. And if they be yet more, the more dangerous is their number. They had no privilege to sit there, and vote home the author, the impenitent author, of all our miseries, to freedom, honour, and royalty, for a few fraudulent, if not destructive, concessions. Which that they went about to do, how much more clear it was to all men, so much the more expedient and important to the commonwealth was their speedy seizure and exclusion; and no breach of any just privilege, but a breach of their knotted faction. And here they cry out, “an action without parallel in any age.” So heartily we wish all men were unprejudiced in all our actions, as these illiterate denouncers never paralleled so much of any age as would contribute to the tithe of a century. “That we abolish parliamentary power, and establish a representative instead thereof.” Now we have the height of them; these profound instructors, in the midst of their representation, would know the English of a representative, and were perhaps of that classis, who heretofore were as much staggered at triennial. Their grand accusation is our justice done on the king, which that they may prove to be “without rule or example,” they venture all the credit they have in divine and human history; and by the same desperate boldness detect themselves to be egregious liars and impostors, seeking to abuse the multitude with a show of that gravity and learning, which never was their portion. Had their knowledge been equal to the knowledge of any stupid monk or abbot, they would have known at least, though ignorant of all things else, the life and acts of him, who first instituted their order: but these blockish presbyters of Clandeboy know not that John Knox, who was the first founder of presbytery in Scotland, taught professedly the doctrine of deposing and of killing kings. And thus while they deny that any such rule can be found, the rule is found in their own country, given them by their own first presbyterian institutor; and they themselves, like irregular friars walking contrary to the rule of their own foundation, deserve for so gross an ignorance and transgression to be disciplined upon their own stools. Or had their reading in history been any, which by this we may be confident is none at all, or their malice not heightened to a blind rage, they never would so rashly have thrown the dice to a palpable discovery of their ignorance and want of shame. But wherefore spend we two such precious things as time and reason upon priests, the most prodigal misspenders of time, and the scarcest owners of reasons? It is sufficient we have published our defences, given reasons, given examples of our justice done; books also have been written to the same purpose for men to look on that will; that no nation under heaven but in one age or other hath done the like. The difference only is, which rather seems to us matter of glory, that they for the most part have without form of law done the deed by a kind of martial justice, we by the deliberate and well-weighed sentence of a legal judicature.

But they tell us, “it was against the interest and protestation of the kingdom of Scotland.” And did exceeding well to join those two together: here by informing us what credit or regard need be given in England to a Scots protestation, ushered in by a Scots interest: certainly no more than we see is given in Scotland to an English declaration, declaring the interest of England. If then our interest move not them, why should theirs move us? If they say, we are not all England; we reply, they are not all Scotland: nay, were the last year so inconsiderable a part of Scotland, as were beholden to this which they now term the sectarian army, to defend and rescue them at the charges of England, from a stronger party of their own countrymen, in whose esteem they were no better than sectarians themselves. But they add, “it was against the former declarations of both kingdoms,” to seize, or proceed against the king. We are certain, that no such declarations of both kingdoms, as derive not their full force from the sense and meaning of the covenant, can be produced.

And if they plead against the covenant, “to preserve and defend his person:” we ask them briefly, whether they take the covenant to be absolute or conditional? If absolute, then suppose the king to have committed all prodigious crimes and impieties against God, or nature, or whole nations, he must nevertheless be sacred from all violent touch. Which absurd opinion, how it can live in any man's reason, either natural or rectified, we much marvel: since God declared his anger as impetuous for the saving of King Benhadad, though surrendering himself at mercy, as for the killing of Naboth. If it be conditional, in the preservation and defence of religion, and the people's liberty, then certainly to take away his life, being dangerous, and pernicious to both these, was no more a breach of the covenant, than for the same reason at Edinburgh to behead Gordon the marquis of Huntley. By the same covenant we made vow to assist and defend all those, that should enter with us into this league: not absolutely, but in the maintenance and pursuing thereof. If therefore no man else was ever so mad, as to claim from hence an impunity from all justice, why should any for the king, whose life, by other articles of the same covenant, was forfeit? Nay, if common sense had not led us to such a clear interpretation, the Scots commissioners themselves might boast to have been our first teachers: who, when they drew to the malignance which brought forth that perfidious last year's irruption against all the bands of covenant or Christian neighbourhood, making their hollow plea the defence of his majesty's person, they were constrained by their own guiltiness to leave out that following morsel that would have choked them, “the preservation and defence of true religion and our liberties.” And questionless in the preservation of these we are bound as well, both by the covenant and before the covenant, to preserve and defend the person of any private man, as the person and authority of any inferior magistrate: so that this article, objected with such vehemence against us, contains not an exception of the king's person, and authority, to do by privilege what wickedness he list, and be defended as some fancy, but an express testification of our loyalty; and the plain words without wresting will bear as much, that we had no thoughts against his person, or just power, provided they might consist with the preservation and defence of true religion and our liberties. But to these how hazardous his life was, will be needless to repeat so often. It may suffice, that while he was in custody, where we expected his repentance, his remorse at last, and compassion of all the innocent blood shed already, and hereafter likely to be shed, for his mere wilfulness, he made no other use of our continual forbearance, our humblest petitions and obtestations at his feet, but to sit contriving and fomenting new plots against us, and, as his own phrase was, “playing his own game” upon the miseries of his people: of which we desire no other view at present than these articles of peace with the rebels, and the rare game likely to ensue from such a cast of his cards. And then let men reflect a little upon the slanders and reviles of these wretched priests, and judge what modesty, what truth, what conscience, what any thing fit for ministers, or we might say reasonable men, can harbour in them. For what they began in shamelessness and malice, they conclude in frenzy; throwing out a sudden rhapsody of proverbs quite from the purpose; and with as much comeliness as when Saul prophesied. For casting off, as he did his garments, all modesty and meekness, wherewith the language of ministers ought to be clothed, especially to their supreme magistrate, they talk at random of “servants raging, servants riding, and wonder how the earth can bear them.” Either these men imagine themselves to be marvellously high set and exalted in the chair of Belfast, to vouchsafe the parliament of England no better style than servants, or else their high notion, which we rather believe, falls as low as court-parasitism; supposing all men to be servants but the king. And then all their pains taken to seem so wise in proverbing serve but to conclude them downright slaves: and the edge of their own proverb falls reverse upon themselves. For as “delight is not seemly for fools,” much less high words to come from base minds. What they are for ministers, or how they  p.270 crept into the fold, whether at the window, or through the wall, or who set them there so haughty in the pontifical see of Belfast, we know not. But this we rather have cause to wonder, if the earth can bear this insufferable insolency of upstarts; who, from a ground which is not their own, dare send such defiance to the sovereign magistracy of England, by whose authority and in whose right they inhabit there. By their actions we might rather judge them to be a generation of Highland thieves and redshanks, who being neighbourly admitted, not as the Saxons by merit of their warfare against our enemies, but by the courtesy of England, to hold possessions in our province, a country better than their own, have, with worse faith than those heathen, proved ingrateful and treacherous guests to their best friends and entertainers. And let them take heed, lest while their silence as to these matters might have kept them blameless and secure under those proceedings which they so feared to partake in, that these their treasonous attempts and practices have not involved them in a far worse guilt of rebellion; and (notwithstanding that fair dehortatory from joining with malignants) in the appearance of a co-interest and partaking with the Irish rebels: against whom, though by themselves pronounced to be the enemies of God, they go not out to battle, as they ought, but rather by these their doings assist and become associates!

Document details

The TEI Header

File description

Title statement

Title (uniform): Observations on the Articles of Peace between James Earl of Ormond for King Charles the First on the one Hand, and the Irish Rebels and Papists on the other Hand [...]

Author: John Milton

Editor: Robert Fletcher

Funded by: University College, Cork and School of History

Responsibility statement

Electronic edition compiled by: Beatrix Färber

Edition statement

1. First draft, revised and corrected.

Extent: 25405 words

Publication statement

Publisher: CELT: Corpus of Electronic Texts: a project of the History Department, University College Cork

Address: College Road, Cork, Ireland—http://www.ucc.ie/celt

Date: 2011

Distributor: CELT online at University College, Cork, Ireland.

CELT document ID: E640001-002

Availability: Available with prior consent of the CELT programme for purposes of academic research and teaching only.

Source description

Internet resources

  • There is a comprehensive website at http://www.luminarium.org/sevenlit/milton/miltbib.htm.

Select bibliography

  1. [John Toland], The life of John Milton: containing, besides the history of his works, several extraordinary characters of men and books, sects, parties and opinions. (London: Printed by John Darby [...] 1699.)
  2. Thomas Carte, Life of James, duke of Ormond (London 1736).
  3. J. T. Gilbert, History of the Irish confederation and the war in Ireland (Dublin 1882–89) 3 volumes.
  4. William Riley Parker, Milton: A Biography. 2 vols. Oxford: Clarendon Press, 1968.
  5. Jane H. Ohlmeyer (ed.), Ireland from independence to occupation 1641–1660 (Cambridge: Cambridge University Press 1995).
  6. Catherine Canino, The Discourse of Hell: 'Paradise Lost' and the Irish Rebellion, in: Milton Quarterly 32.1 (1998) 15–23.
  7. Thomas Corns, 'Milton's Observations Upon the Articles of Peace: Ireland under English Eyes', in: Politics, Poetics, and Hermeneutics in Milton's Prose. Edited by David Loewenstein and James Grantham Turner. (Cambridge: Cambridge University Press 1990). 123–134.
  8. Willy Maley, 'How Milton and Some Contemporaries Read Spenser's View', in: Representing Ireland: Literature and the Origins of Conflict, 1534–1660. Ed. Brendan Bradshaw, Andrew Hadfield, and Willy Maley. Cambridge: Cambridge University Press 1993. 191–208.
  9. Sharon Achinstein, Milton and the Revolutionary Reader. (Princeton: Princeton University Press 1994).
  10. Willy Maley, 'Rebels and Redshanks: Milton and the British Problem', in: Irish Studies Review 6 (1994): 7–11.
  11. Micheál Ó Siochrú, Confederate Ireland 1642–1649: a constitutional and political analysis. (Dublin: Four Courts Press 1998).
  12. Jim Daems, 'Dividing Conjunctions: Milton's Observations Upon the Articles of Peace' in: Milton Quarterly 33.2 (1999) 51–55.
  13. Raymond Gillespie, 'Confederate Kilkenny 1642–1650'. In: John Bradley; Diarmuid Healy; Anne Murphy (ed.), Themes in Kilkenny's history: a selection of lectures from the NUI Maynooth—Radio Kilkenny academic lecture series 1999 (Kilkenny 2000) 57–67.
  14. Micheál Ó Siochrú (ed.), Kingdoms in crisis: Ireland in the 1640s. Essays in honour of Donal Crógan (Dublin and Portland (Oregon) 2001) 252–263.
  15. Micheál Ó Siochrú, 'The Confederates and the Irish wars of the 1640's'. In: Liam Ronayne (ed.), The battle of Scariffhollis 1650 (Letterkenny: Éagráin Dhún na nGall 2001) 7–15.
  16. Pádraig Lenihan, Confederate Catholics at War 1641–49, (Cork: Cork University Press 2001).
  17. Tadhg Ó hAnnracháin, 'Conflicting Loyalties, Conflicted Rebels: Political and Religious Allegiance among the Confederate Catholics of Ireland', English Historical Review, 119:483 (2004) 851–872.
  18. John T. Shawcross, The development of Milton's thought: law, government, and religion. (Pittsburgh, Pennsylvania: Duquesne University Press 2008.)
  19. Stephen B. Dobranski (ed), Milton in context. (Cambridge; New York: Cambridge University Press 2010).

The edition used in the digital edition

‘Observations on the Articles of Peace between James Earl of Ormond for King Charles the First on the one Hand, and the Irish Rebels and Papists on the other Hand [...]’ (1835). In: The Prose Works of John Milton: With an Introductory review by Robert Fletcher‍. Ed. by Robert Fletcher. Vol. 1. London: Westley and Davis, Stationers’ Court, pp. 247–270.

You can add this reference to your bibliographic database by copying or downloading the following:

@incollection{E640001-002,
  editor 	 = {Robert Fletcher},
  title 	 = {Observations on the Articles of Peace between James Earl of Ormond for King Charles the First on the one Hand, and the Irish Rebels and Papists on the other Hand [...]},
  booktitle 	 = {The Prose Works of John Milton: With an Introductory review by Robert Fletcher},
  address 	 = {London},
  publisher 	 = {Westley and Davis, Stationers' Court},
  date 	 = {1835},
  volume 	 = {1 },
  pages 	 = {247–270}
}

 E640001-002.bib

Encoding description

Project description: CELT: Corpus of Electronic Texts

Sampling declarations

The present text covers pages 247–270 of volume 1.

Editorial declarations

Correction: Text has been proof-read once at CELT and parsed.

Normalization: The electronic text represents the edited text. A selection of personal names and dates are tagged. Encoding is subject to revision.

Quotation: Direct speech is tagged q.

Hyphenation: Soft hyphens are silently removed. When a hyphenated word (and subsequent punctuation mark) crosses a page-break, this break is marked after the completion of the word (and punctuation mark).

Segmentation: div0=the textgroup. div1=the individual text. In Milton's works, the Articles of Peace concluded in 1648/49 and a number of letters between James earl of Ormond and Colonel Michael Jones are prefixed to his observations. Each text is encoded and numbered separately as div1. Page-breaks are marked pb n="".

Standard values: Dates are standardized in the ISO form yyyy-mm-dd.

Interpretation: Dates are tagged.

Reference declaration

A canonical reference to a location in this text should be made using “section”, eg section 1.

Profile description

Creation: By various authors as indicated; section 4 by John Milton

Date: 1649

Language usage

  • The text is in English. (en)
  • Some words and phrases are in Latin. (la)

Keywords: Peace Treaty; Confederate Wars; prose; 17c; 19c; James Earl of Ormond; Colonel Michael Jones

Revision description

(Most recent first)

  1. 2011-04-06: Bibliographical references added; SGML and HTML files created. (ed. Beatrix Färber)
  2. 2011-04-05: File proofed (2). (ed. Beatrix Färber)
  3. 2011-04-03: TEI header created; file parsed. (ed. Beatrix Färber)
  4. 2011-04-02: File proofed (1); structural and basic content encoding applied. (ed. Beatrix Färber)
  5. 2011-03-31: Text converted to XML; page-breaks added. (ed. Beatrix Färber)
  6. 2011-03-31: A proofed copy of the text donated to CELT. (ed. Liberty Fund)

Index to all documents

Standardisation of values

CELT Project Contacts

More…

Formatting

For details of the markup, see the Text Encoding Initiative (TEI)

page of the print edition

folio of the manuscript

numbered division

 999 line number of the print edition (in grey: interpolated)

underlining: text supplied, added, or expanded editorially

italics: foreign words; corrections (hover to view); document titles

bold: lemmata (hover for readings)

wavy underlining: scribal additions in another hand; hand shifts flagged with (hover to view)

TEI markup for which a representation has not yet been decided is shown in red: comments and suggestions are welcome.

Source document

E640001-002.xml

Search CELT

  1. [first published, 1648-9.] 🢀

CELT

2 Carrigside, College Road, Cork

Top