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 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 statute made in this kingdom, in the eleventh year of the reign of queen Elizabeth, entitled, An Act for staying of woolflocks, 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act, and certain articles added to the same act, all concerning staple or native commodities of this kingdom, shall be repealed, if it shall be so thought fit in the parliament, (excepting for wool and wool-fells,) and that such indifferent persons as shall be agreed on by the said lord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 of fences 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 person or persons have been convicted or attainted on record 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 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, VOL. I.

52

2 K

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 MacDonnel 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 Aquavitæ, 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 castlechamber, 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