Page images
PDF
EPUB

take to settle the said Concessions, and secure them to the Clergy, and their respective Successors, in another secure way, other than by Parliament, at present, till a fit opportunity be offered for securing the same, do agree and condescend thereunto. And this Instrument by his Lordship signed, was before the perfecting thereof intended to that purpose, as to the said Livings, to which purpose We have mutually signed this Endorsement. And it is further intended, that the Catholick Clergy shall not be interrupted by Parliament, or otherwise as to the said Livings, contrary to the meaning of these Articles. GLAMORGAN.

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

GLAMORGAN.

"The Defezance to the Earl of Glamorgan."

[ocr errors]

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

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

[ocr errors]
[ocr errors]

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

F. Oliver Darcy,“

Peter Bath."

No. 5.

"GLAMORGAN."

[ocr errors]

From the Inrollment of the Original in Rolls Office; and from Coxe's "Hibernia Anglicana," or History of Ireland.-App. XXIV. page 92.) "Articles of Peace made, concluded, accorded and agreed upon, by and between His Excellency James, Lord Marquess of Ormond, Lord Lieutenant General, and General Governor of His Majesties Kingdom of Ireland, for and on the behalf of His Most Excellent Majesty of the one part, and Richard Lord Viscount Mountgarret, Donogh Lord Viscount Muskerry, Sir Robert Talbot, Baronet, Dermot O'Bryen, Patrick Darcy, Geffery Brown, and John Dillon, Esquires, appointed and authorised for and in the behalf of his Majesties said Roman Catholick Subjects on the other part.

2

T-IT is concluded, accorded, and agreed upon, by His Majesties said Commissioners, for and on the behalf of His Most Excellent Majesty, and the said Richard Lord Viscount Mountgarret, Donogh Lord Viscount Muskerry, Sir Robert

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

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

be

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

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

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

[ocr errors]

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

upon, or taken by reason of the said Indictments, Attainders or Outlawries since the Seventh of August, 1641, in prejudice of the said Catholicks, their Heirs, Executors, Administrators and Assigns, or any of them, or the Widows of them or any of them, shall be vacated and made void in such sort, as no memory shall remain thereof, to the blemish, dishonour, or prejudice of the said Catholicks, their Heirs, Executors, Administrators or Assigns, or any of them, or the Widows of them, or any of them, and that to be done immediately after concluding of these Articles, and at furthest before the First day of October next; or in case the said New Parliament be called sooner than the last day of November, then Forty days before the said Parliament. And that all impediments which may hinder the said Roman Catholicks to Sit or Vote in the next intended Parliament, or to choose or to be chosen Knights and Burgesses to Sit or Vote there, shall be removed before the said Parliament, provided that no man shall be questioned by reason of this Article for Mesne Rates or Wastes, saving wilful Wastes, committed after the First of November, 1645.

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

>

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

« PreviousContinue »