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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 Papifts on the other hand :

And on a Letter sent by Ormond to Colonel Jones, Go

vernor 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.

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ORMOND, WHEREAS articles of peace are made, concluded, accorded, and agreed upon, by and between us, Jai nes lord marquis of Ormond, lord lieutenant general, ani'l general governor of his majesty's kingdom of Ireland, lay virtue of the authority wherewith we are intrusted, foi:, and on the behalf of his most excellent majesty of 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 othe:r part; a true copy of which articles of peace are hereun to annexed: we the lord lieutenant do, by this proclamation, in his majesty's name publish the fame, and do in his majefty's name strictly charge and command all his majesty's subjects, and all others inhabiting or residing within his majesty's faid 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 tlais peace, out of a deep fenfe 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 of all the miseries and calamities, under which they now fuffer, restore them to all quietness and happiness under his majesty's moft 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 ftrength of the kingdom, beget in all his majesty's subjects of this kingdom a perfect unity amongst themselves, after the too long continued division amongst them: fo 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 faid peace, shall be protected, cherished, countenanced, and supported by his majesty, and his royal authority, according to the true intent and meaning of the said articles of peace. Given at our Castle at Kilkenny, GOD SAVE THE KING.

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January 17, 1648.

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 moft excellent majesty, by virtue of the authority wherewith the faid lord lieutenant is intrufted, 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

fame, on the other part. HÍS majeftino

Roman Catholic subjects, as thereunto bound by allegiance, duty, and nature, do most humbly and freely acknowledge and recognize their sovereign

lord

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 faid Roman Catholic subjects, apprehending with a deep sense the fad condition whereunto his majesty is reduced, as a further testimony of their loyalty do declare, that they and their pofterity for ever, to the utmost of their power, even to the expense of their blood and fortunes, will maintain and uphold his majesty, his heirs and lawful fucceffors, their rights, prerogatives, government, and authority, and thereunto freely and heartilywillrender all due obedience.

Of which faithful and loyal recognition and declaration, fo 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 ụpon, by and between the faid lord lieutenant, for, and on the behalf of his moft excellent majefty, and the faid 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 pafled 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, fhall be free and exempt from all mulets, 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 thall be likewise enacted, That the said Roman Catholics, or any of them, shall not be questioned or molested in their perfons, goods, or estates, for any matter or cause whatfoever, for, concerning, or by reafon 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 fuch as fhall be agreeable to their conscience; and that they hall not be

prejudiced

prejudiced or molested in their perfons, goods, or estates, for not observing, using, or hearing the

book of common prayer, or any other form of devotion or divine fervice by virtue of any colour or statute made in the fecond 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 profeffors 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. I, or in any other statute or statutes: and that the said oath shall not be tendered unto them, and that the refusal of the faid oath shall not redound to the prejudice of them, or any of them, they taking the oath of allegiance in hæc verba, viz. “I A. B. do hereby acknowledge, profess, testify, and declare in my conscience, before God and the world, that our fovereign 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 fucceffors, and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever, which thall be made against his or their crown and dignity; and do my best endeavour, to difclose andınake 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 traiterous conspiracies, which I shall know or hear to be intended againft his majesty, or any of them: and I do make this recognition and acknowledgment, heartily, willingly, and truly, upon the true faith of a chiftian; so help me God, &c.” Nevertheless, the said lord lieutenant doth not hereby intend, that any thing in these concessionscontained fhall 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 faid lord lieutenant doth give unto the said Roman Catholics full assurance, that they

or

or any of them shall not be molested in the poffeffion 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 majety, upon a full consideration of the delires of the faid 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 between the said parties, and his majelty is further graciously pleased, that a fi'çe parliament thall be held in this kingdom within fix months after the date of these articles of peace, or as soon afteras Thomas lord viscount Dillon of Coftologh,, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Atizunry, Alexander Mac-Donnel esquire, fir Lucas Dillon knight, fir Nicholas Plunket knight, fir Richard Barnwall baronet, Jeffery Brown, Donuogh O Callaghan, Tyrlah O Neile, Miles Reily, andGerrald Fennell,esquires, or the major part of them, will desire the same, fo that by poflibility 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 thall 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 majetty's chief governor or governors of this kingdom for the time being, will, at the request of the said Thomas lord viscount Dillon of Coftologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, fir Lucas Dillon, knight, fir Nicholas Plunket knight, fir Richard Barnwall baronet, Jeffery Brown, Donnogh O Callaghan, Tyrlah ( Neile, Miles Reily, and Gerrald Fennell, efquires, or the major part of them, call ageneral alleinbly of the lords and commons of this kingdom, to attend upon the said lord lieutenant or other his man jesty'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,

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