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 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, VOL. I. 53 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 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 instru mental, 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, March 9, 1648. For Colonel Michael Jones, ORMOND. 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, 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, Dublin, March 14th, 1648. Your lordship's humble servant, 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, Feb. 26th, 1648. GOD SAVE THE KING. |