INprimis, It is Concluded, Accorded and Agreed upon, by His Majesties said Commissioner, for and on the behalf of His most Excellent Majesty, and the said Richard Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Robert Tal­bot Baronet, Dermot O Bryen, Patrick, Darcy, Geffery Brown and John Dillon, Esquires, on the behalf of the said Roman Catholique Subjects; And His Majesty is graciously pleased, that it shall be provided by Act of Parliament to be passed in the next Parliament to be held in this Kingdom, That [Page 2]the Professors of the Roman Catholique Religion in the said King­dom or any of them be not bound or obliged to take this Oath ex­pressed in the Statute of Secundo Eliz: commonly called the Oath of Supremacy, And that the said Oath shall not be tendred 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 haec verba. I. A. B. do truely acknowledge, confesse, testifie, and declare in my conscience before God and the World, That our Soveraign Lord King CHARLES is Lawful and Rightful King of this Realm, and of other His Majesties Dominions and Countryes, and I will bear Faith and true Allegience to His Majesty, and His Heires and Successors, and Him and them will defend to the uttermost of my power against all conspiracies and attempts whatsover, which shall be made against His or their Crown or Dignity, and do my best endeavor to disclose and make known unto His Majesty, His Heires 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 acknowledgement heartily, willingly, and truely, upon the true faith of a Christian. So help me God, &c. So as by the same Act it be further Provided and Enacted, that if any Roman Catholique happen to be promoted, presented or ad­vanced to any Ecclesiastical promotion, dignity or benifice ac­cording to the form now used in the Protestant Church of Ireland, That the freedom and exemption aforesaid shall not extend to any such Roman Catholique; Or if any being Protestant, be advanced, promoted or presented to any Ecclesiastical benefice, dignity or promotion, shall afterwards happen to become a Roman Catho­lique, that the freedom and exemption aforesaid shall not so far ex­tend to any such Roman Catholique, but that upon tender of the said Oath, and refusal thereof, he 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 Catholiques, viz. That all Acts made against the professors of the Roman Catholique Faith, where­by any restraint, penalty, mulct, or incapacity, may be laid upon [Page 3]any Roman Catholique within the Kingdom of Ireland, may be Repealed, and the said Catholiques to be allowed the free­dom of the Roman Catholique Religion. That His Majesties said Roman Catholique Subjects be referred to His Majesties gracious Favor and further Concessions; And that no clause in these A'rticles shall or may hinder His Majesties said Roman Catholique Subjects, 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 said first Propo­sition, which may in any sort hinder the said Roman Catholique Subjects, or any of them, from His Majesties further Concessions. And that His Majesties said Commissioner and other chief Gover­nour or Governours 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 Catholique Subjects, to be accordingly drawn into Bills, and transmitted according to the usual maner, to be afterwards passed as Acts in the said Parliament.

2. Item, 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 Parliament, shall be transmitted into England, according 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 Catholique Subjects party, or their Adherents, other then 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 Governour [Page 4]for the time being, during the said Parliament, for the advance­ment 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.

3. Item, 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, dishonor, or prejudice of His Majesties Roman Catholique Subjects of this Kingdom, or any of them, sithence the 7. 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.

4. Item, It is further concluded, accorded and agreed upon, by and-between the said parties, And His Majesty is further graciously pleased, that all Indictments, Attainders, Outlawries in this King­dom, and all the Processes and other proceedings thereupon, and all Letters Patents, Grants, Leases, Custodiams, 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, sithence the 7. of August, 1641. in prejudice of the said Catholiques, 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, dishonor, or prejudice of the said Catholiques, 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 then the said last day of November, then fourty days before the said Parliament. And that all impediments which may hinder the said Roman Catholiques 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 [Page 5]mesne rates or wastes, saving wilful wastes committed after the first of November, 1645.

5. Item, It is further concluded, accorded and agreed upon, by and between the said parties, And His Majesty is further 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.

6. Item, It is concluded, accorded 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 25 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. Wee 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 Ʋs, 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 Ʋs, 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 Ʋs, out of the said Lands and Premises by any Letters Patents past thereof, since the first year of King Henry the Eight, or found by any Office taken from the said first year of King Henry the Eight, until the 21. of July, 1615. Whereby our late dear Father, or any His Predecessors actually received any profit, by Wardship, Liveries, primer Seisins, mesne rates, Ouster le mains, or fines of alienations without licence, be again reserved unto Ʋs, Our Heirs and Successors; And all the rest of the premises to be holden [Page 6]of our Castle of Athloane, by Knights Service, according to Our said late Fathers Letters, notwithstanding any Tenures in Capite sound for Ʋs by Office since the 21. of July, 1615. And not appearing in any such Letters Patents, or Offices, within which rule it is His Ma­jesties pleasure, and it is so concluded and agreed, that the said Lands in the Countreys 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 Majesties Reign: Provided always, and it is the intention of the said parties to these presents, that the said Lords, Knights, Gentlemen and Freeholders, or reputed Free­holders of the said Province of Connaught, 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 contained to the contrary notwithstanding: And as for the Lands within the Counties of Kilkenny and Wickloe, unto which His Majesty was Intituled by Offices taken or found in the time of the Earl of Straffords Government is this Kingdom; His Majesty is graciously pleased, that the state thereof shall be consider­ed in the next intended Parliament, wherein His Majesty will assent unto that which shall be just and Honorable; And it is fur­ther concluded and agreed, by and between the said parties, and His Majesty is further graciously pleased, that the like Act of Limita­tion of His Majesties Titles for the security of the Estates of His Subjects of this Kingdom, be passed in the said Parliament, as was Enacted in the 21. year of His late Majesty King James His Reign in England.

7. Item, It is further concluded, accorded and agreed upon, by and between the said parties, 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 neer the City of Dub­lin, and that such Students, Natives of this Kingdom, as shall be [Page 7]therein, may take and receive the usual Degrees accustomed in any Innes of Court, they taking the ensuing Oath, viz. ‘ I. A. B. do truly acknowledge, professe and declare in my Conscience, before God and the World, That our Soveraign Lord King Charles is Lawful and Rightful King of this Realm, and of other His Ma­jesties Dominions and Countreys, 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 Governors 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 Acknowledgement Heartily, and Willingly, and Truly, upon the true Faith of a Christian: So help me GOD.’ And that they may erect one or more Universities, to be Govern­ed by such Rules and Orders as His Majesty shall appoint: And it is further concluded and agreed, by and between the said parties, and His Majesty is graciously pleased, that the said Roman Catho­lique Subjects may erect and keep Free-Schools for education of Youth in this Kingdom, any Law or Statute to the contrary notwithstanding; all the matters of this Article to be passed as Acts of Parliament in the said next Parliament.

8. 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, Honor, Profit and Trust in His Majesties Armies in this Kingdom, shall be upon perfection of these Articles actually, and by particular instances conferred up­on His Roman Catholique Subjects of this Kingdom; And that upon the distribution, conferring and disposal of the places of Command, Honor, Profit and Trust in His Majesties Armies in this Kingdom, for the future no differnnce shall be made be­tween the said Roman Catholiques, and other His Majesties Sub­jects, but that such distribution shall be made with equal indiffe­rency, according to their respective Merits and Abilities; And [Page 8]that all his Majesties Subjects of this Kingdom, as well Roman Catholiques as others, shall for his Majesties Service and their own security, arme themselves the best they may, wherein they shall have all fitting encouragement, And that places of Command, Ho­nour, Profit and Trust in 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 Majesties Roman Catholique Subjects of this Kingdom, And that in the Distribution, conferring, and disposal of the places of Command, Honor, Profit and Trust, in the Civil Govern­ment, for the future, no difference shall be made between the said Roman Catholiques and others His Majesties 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 are, or hereafter shall be, voyd in this Kingdom, equality shall be used to the Roman Catholique natives of this Kingdom as to other His Ma­jesties Subjects; That the Command of Forts, Castles Garisons, Towns, and other Places of Importance in this Kingdom, shall be conferred upon His Majesties Roman Catholique 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, Garisons Towns and other places of Importance in this Kingdom, no difference shall be made between His Majesties Roman Catholique Subjects of this King­dom, and other His Majesties Subjects, but that such distribution shall be made with equal indifferency, according to their respect­ive Merits and Abilities.

9. Item, It is further concluded, accorded and agreed upon, by and between the said parties, and His Majesty is further Grati­ously pleased, That His Majesty will accept of the yearly Rent or annual sum of Twelve Thousand pounds sterlin, to be applotted with indifferency and equalily, and consented to be paid to His Majesty His Heires and Successors in Parliament, for and in lieu of the Court of Wards in this Kingdom, Tenures in Capite, common Knights service, and all other Tenures within the cognizance of [Page 9]that Court, And for and in lieu of all Wardships, primer Seisms, Fines, Ousterlemaines, Liveries, Intrusions, Alienations; Mesne­rates, Reliefes and all other Profits, within the cognizance of the said Court, or incident to the said Tenures or any of them, or Fines to accrew 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 fallen since the 23. of October 1641. and already granted; And that no wardships fallen, and not granted, or that shall fall, shall be past, until the successe of this Article shall appear; And if His Majesty be Secured as afore­said, Then all Wardships fallen since the said 23. of October, are to be included in the agreement 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, it to be left to indifferent persons, and the umpirage to the said Lord Lieutenant His Majesties Commissioner.

10. Item, It is further concluded, accorded and agreed, by and between the said parties, and His Majesty is further gratiously pleased, that no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more Proxies then two, and that blanck 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 two hundred pounds per annum, a Lord Viscount four hundred pounds per annum, and an Earl six hundred pounds ster­per annum, shall lose their votes in Parliament until such time as they shall afterwards acquire such estates respectively; And it is further agreed, that none be admitted into the House of Com­mons but such as shall be Estated, and Resident within this King­dom.

11. Item, It is further concluded, accorded and agreed by and between the said parties, and His Majesty is further gratiously pleased, that as for and concerning the Independency of the Par­liament of Ireland of 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.

12. Item, It is further concluded, accorded and agreed, by and between the said parties, and His Majesty is further gratiously pleas­ed, That the Councel Table shall contain it self within it's 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, are to be handled as matters of State, and be Heard and Determined by the Lord Lieutenant or other chief Governor or Governors for the time being and the Councel, publiquely at the Councel 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 Councel Table do not hereafter intermeddle with common busi­nesse 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 Suites 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 Majesties 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 Councel of this Kingdom.

13. Item, It is further concluded, granted and agreed, by and be­tween the said parties, and His Majesty is further gratiously pleas­ed, that as for and concerning one Statute made in this Kingdom in the eleventh yeer in the Raign of Queen Elizabeth, intituled An Act for staying of Wooll, Flocks, Tallow, and other necessaries within this Realm, and one other Statute made in the said King­dom in the 12 year of the said Queen intituled An Act. [...]

And one other Statute, made in the said Kingdome in the 13. yeare of the raigne of the said late Queene intituled, An explanation of the Act made in a Session of this Parliament for the staying of Wooll, Flockes, Tallow and other Wares and Commodities mentioned in the said Act, and certaine Ar­ticles added to the same Act, All concerning Staple or Native com­modities of this Kingdome, shall be repealed, excepting for Wooll and Wooll fels, and that such indifferent persons, as shall be agreed on by the said Lord Lievtenant, and the said Lord visc. Mountgarret, Donnogh Lord Viscount Muskery, Sir Daniell ó Bryen Knight, Sir Lucas Dillon Knight, Nicholas Plunket, Richard Bellings, Philip mac Hugh Rely, Tirlogh ó Neale, Thomas Fleming, Pa­tricke Darcy, Gerrald Fernell & Geffry Browne Esquires or any five or more of them shall be Authorized by Commission under the great Seale, to Moderate and Ascertaine the Rates of Ma [...] ­chandize to be exported, or Imported, out of, or into, this King­dome as they shall thinke fit.

14. Item, It is further concluded, accorded and agreed, by and betweene the said parties, and his Majestie is further gratiously pleased, that care be had, that the chiefe Governor, or Governors, of this Kingdome for the time being, shall not continue in those Places longer then he shall finde for the good of his people here, and that they shall be inhibited to make any Purchase other then by Lease for Provision of their Houses, dureing the time of their Government.

15. Item, It is further concluded accorded & agreed, by & between the said parties, and his Majestie in further gratiously pleased, that an Act of oblivion shall be passed in the next Parliament to extend unto all his Majesties Subjects, of this Kingdome and their adhe­rents, of all Treasons & Offences, Capitall, Criminall, and Personall, and other Offences of what Nature, kind, or qualitie soever, in such manner, as if such Treasons or Offences had never beene com­mitted perpetrated or done, That the said Act doe extend to the Heires, Children, Kindred, Executors, Administrators, Wifes, Widdowes, Dowagers, and Assignes, of such of the said Subjects, [Page 12]and their adherents, who died on, or since the 23 of October 16 [...]1. That the said Act doe relate to the First Day of the next Parlia­ment; That the said Act doe extend to all Bodies Politique, and Corporate, and their respective Successors, and unto all Citties, Bourrougaes, Counties, Barronies, Hundreds, Townes, Villages, Tythings, and every of them within this Kingdome, for and concerning all and every of the said offences, or any other offences or offences, in them or any of them committed or done, by his Ma­jesties said Subjects or their adherents, or any of them, in [...] or since the 23. of October 1641. That this Act shall extend to Piracies and all other Offences, committed upon the Sea by his Majesties said Subjects, or their adherents, or any of them, That in this Act of Oblivion, words of Release, Aquittall, and Discharge, be incerred; That no person or Persons, Bodies Politique or Corporate, Coun­ries, Cities, Burroughes, Barronies, Hundreds, Townes, Villages, Tythings, or any of them within this Kingdome, included within the said Act, be Troubled, Impeached, Sued, Inquieted, or Molest­ed, for, or by reason of any offence, matter or thing, whatsoever, comprized within the said Act, and the said Act shall extend to all Rents, Goods, and Chattells taken, Detained, or growen due, to the Subjects of the one side to the other, since the 23. of October 1641. to the Date of these Articks, and also to all Customes, Rents, Ar­teares of Ren [...] Prizes, Recognizances, Bonds, Fines, Forfeitures, Penalties and to all other Profits, perq [...]sites, and Dues, which were due, or did, or should, accrue to his Majestie on, before or fince, the 23 of October 1641. untill the perfection of these Articles, and like­wise to all m [...]sue rates, Fines, of what nature soever, Recog­nizances, Iudgments, Executions thereupon, and penalties what­soever, and to all other profits due to his Majestie since the said 23. of October and before untill this present, for, by, reason, or which lay within the survay or cognizance of the Court of Wards; and also to all Respirts; Issues of Homage and Fines for the same, Pro­vided this shall not extend to Discharge or Remit any of the Kings Debts, or Subsidies, Due before the said 23. of October 1641. which were then, or before, levyed, or taken by Sheriffs, Commissioners, Receivers, or Collectors, and not then, or before accounted for, or since disposed to publique use of the said Roman Catholique Sub­jects, [Page 13]but that such persons may be brought to account for the same, after full settlement in Parliament & not before; Provided that such Barbarous, and Inhumane Crimes, as shall be particularized, and a­greed upon, by the said Lord Lievtenant, and the Lord Viscount Mountgarret, Doimogh Lord Viscount Muskery, Sir Daniell ô Bryon Knight, Sir Lucas Dillon Knight, Nicholas Plunket, Richard Bellings, Philip Mas Hugh Rely, Terlogh ô Neale, Thomas Flem­ing, Patricks Darcy, Gerald Fennell and Goffry Brouns Esquires, or any five 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 Lievtenant and the said Lord viscount Mountgarret, Donogh Lord visc. Muskery, Sir Da­niell ô Bryen Knight, Sir Lucas Dillon Knight, Nicholas Planket, Richard Bellings, Philip mac hugh o Rely, Terlogh, o Neale Thomas Flewing, Patrick Darcy, Gerrald Fennell, and Geffry Browne Es­quires, or any five or more of them, and that the power of the said Commissioners shall continue only for two yeares next ensuing the date of these present Articles; Provided also that the Commi­ssioners to be agreed on for tryall of the said particular Crimes to be Excepted, shall Heare, Order & Determine all cases of Trust, where releife may or ought in Equitie to be afforded against all manner of persons according to the Equitie and Circumstances of every such eases; And his Majesties Cheife Governor, or Governors, and other Governors and Majestrates for the time being, and all his Majesties Courts of Iustice, and other his Majesties 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 Suite to be made for the same; And that no Clerke or other Officers doe make out, or write out, any manner of Writts, 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 paine of twenty pound sterling; And that no Sheriffe or other Officer doe execute any such Writt, Pro­cesse, Summons, or Precept; And that no Record, Writeing, or Memorie, doe remaine of any Offence, or Offences, released, or For­given, or mentioned to be Forgiven by this Act. And that all other causes usually incerted in Acts of Generall Pardon or Oblivion, en­larging [Page 14]His Majesties Grace, and Mercie, not herein particularied, be incerted and comprized, in the said Act, when the Bill shall be drawn up, with the Exceptions already expressed, and none other; Provided alwaies that the said Act of Oblivion, shall not extend un­to any Treason, Fellony or other Offence or Offences, which shall be Committed or done from or after the date of these Articles, un­till the first day of the before mentioned next Parliament to be held in this Kingdome; Provided also, that any Act or Acts which shall be done by vertue, pretence, or in persuance, of these Articles or any of them, after the Publication of the said Articles, or any Act or Acts which shall be done by vertue, colour, or pretence, of the power, or authoritie used, or exercised, by, & amongst, the confederat Roman Catholiques after the date of these Articles, and before the said Publication shall not be accounted, taken, construed, or be, Trea­son, Fellony, 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.

16. Item. It is further concluded accorded & agreed, by & between the said parties, and his Majesty is further gratiously pleased, that an Act be passed in the next Parliamēt prohibiting that neither the Lord Deputy, or other chiefe Governor, Governors, Lord Chancellor; Lo. high Treasurer vice treasurer, Chancellor, or any of the Barrons of the Exch [...]quer Privie Councell, or Iudges of the foure Courts, be Farmours of His Majesties Customes within this Kingdome.

17. Item. It is further concluded accorded and agreed, by and betweene the said parties. And His Majestie is further graciously pleased, that an Act of Parliament passe in this Kingdome against Monoples, such as was enacted in England 21. Iacobr Regis, with a further clause of Repealing of all grants of Monopoles in this Kingdome, and that Commissioners be agreed upon by the said Lord Lievtenant, and the said Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Daniell ô Bryon Knight, Sir Lucas Dillon Knight, Nicholas Plunket, Richard Bellings, Philip mac Hugh Rely, Terlogh ô Neale, Thomas Fleming, Patricke Darcy, Gerrald Fennell, and Geffry Browne Esquires, or any five or more [Page 15]of them, to set downe the Rates for the Custome, or Imposition to be laid on Aquavite, Wine, Oyle, Yarne, and Tobacco.

18. Item, It is further concluded, accorded, and agreed, by and betweene the said parties, and his Majestie is further graciously pleased, that such persons as shall be agreed on by the said Lord Lievtenant, and the said Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Daniel ô Bryen, Knight; Sir Lucas Dillon, Knight; Nicholas Plunket, Richard Bellings, Philip mac Hugh Rely, Terlogh ô Neale, Thomas Fleming, Patricke Darcy. Gerrard Fen­nell, and Geffry Browne, Esquires; or any five or more of them shall be upon conclusion of these Articles, Authorized by Commission under the great Scale, to Regulate the Court of Castle Chamber, and such causes as shall be brought into, and censured in, the said Court.

19. Item, It is further concluded, accorded and agreed, by and between the said parties, And his Majestie is further graciously pleased, that two Acts lately passed in this Kingdome, prohibiting the Pl [...]ming with Horses by the tayle, and the other prohibiting the burning of Oates in the Straw, be repealed.

20. Item, It is further concluded, accorded, and agreed, by and betweene the said parties, and His Majestie is further graciously pleased, that upon perfection of these Articles such course shall be taken against such [...] have Dis [...]ayed the Cessation, and will not submit to the Peace, if any shall Oppose it, as shall be just, and for the Peace of the Kingdome.

21. Item, It is further concluded, accorded, and agreed, by and betweene the said parties, And His Majestie is further graciously pleased, forasmuch as upon application of Agents from this King­dome unto His Majestie in the fourth yeare of his Raigne, and late­ly upon humble Suite made unto His Majestie by a Committee of both Houses of the Parliament of this Kingdome, Order was given by his Majestie for Redresse of severall grievances, and for so ma­ny of those as are not expressed in these Articles, whereof both Houses in the next ensuing Parliament shall desire the benefit of His Majesties said former directions for Redresses therein, that the same be afforded them, yet so, as for prevention of inconveniences to [Page 16]His Majesties service, that the warning mentioned the 21. Article of the graces, in the fourth yeare of his Majesties Raign, be so under­stood that the Warning being left at the persons dwelling houses, be held sufficient Warning, and that, as to the 22 Article of the said Graces, the Processe hitherto used in the Court of Wards doe still contin [...]e 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 concernes Warning, and Processe, shall be omitted.

22. Item, It is further Concluded, Accorded, and Agreed, by and betweene the said parties, and His Majestie is further graciously pleased, that Maratine causes may be determined in this Kingdom, without driving of marchants or others to Appeale, and seek Justice elsewhere; and if it shall fall out that there be cause of an Appeale, the party grieved is to appeale to His Majestie in the Chancerie of Ireland, and the Sentence thereupon to be given by the Delegaces, to be Definitive, and not to be questioned upon any further Ap­peale, except it be in the Parliament of this Kingdome, if the Par­liament shall then be sitting, otherwise not, This to be by Act of Parliament.

23. Item, It is further concluded, accorded, and agreed, by and between the said parties. And His Majesty out of His abundant grace and goodnesse to His Subjects of this Kingdome is graciously pleased to assent, that His said Subjects be eased of the increase of Rents lately raised on them upon the Commission of Defective Titles, in the Earle of Straffords Government, this to be by Act of Parliament.

24. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, And His Majestie is further graciously pleased, that by Act to be passed in the next Parliament, all the arreares of Interest of money which did accrew, or grow due by way of debt, mortgage, or otherwise, and yet not satisfied, since the 23. of October, 1641. Untill the perfection of these Articles shall be fully forgiven and be released; And that for and during the space of [Page 17]three yeares next ensuing, no more shall be taken for use, or interest of money, then five pounds per Cont. and in all cases of equity arising through disability occasioned by the distempers of those times, the considerations of equitie to be alike unto both parties.

25. Item, It is concluded, accorded, and agreed, by and be­tween the said parties, And His Majestie is graciously pleased that the said Richard Lord Viscount Mountgarret, Donogh Lord Visc- Muskery, Sir Daniel ô Bryen, Knight, Sir Lucas Dillon, Knight 3 Nicholas Pluncket, Richard Bellings, Phillip mac Hugh ô Redy, Terlogh ô Neale, Thomas Fleminge, Patricks Darcy, Gerrald Fen­nell, and Goffrey Browne, Esquires, shall be imediatly upon con­clusion of these Articles, Authorized by Act of State to proceed in, Heare, Determine, & Execute within the Cities, corporate Towns, Counties and part of Counties, now, or late, within the Quarters of the said Confederate Catholiques, the ensuing particulars, and all matters thereupon depending, And that the said Act of State, and other the authorities hereafter mentioned shall remaine of force without Revoration, Alteration, or Diminution, untill Acts of Parliament be Passed according the purport and intent of these pre­sent Articles; onely in case of death of any of the said persons so to be authorized, the Lord Lievtenant, or other chiefe Governour or Governors of this Kingdome for time being, shall by the advice and consent of the persons so to be authorized, then living, or any five or more of them, name others in the place of such who shall be so dead, and the persons so to be named, to be Authorized as the for­mer, And that the persons to be Authorized as aforesaid, or any five or more of them be permitted without interruption to Applot Raise and Levic Meanes with indifferencie and equallitie, upon all His Majesties Roman Catholique Subjects of this Kingdome, for the Raising, Clothing, and bringing to Sea Ports, and Maintaining there, untill they be shipped Ten Thousand men promised by the Consederate Catholiques of this Kingdome to assist His Majesty, and to levy the Arrearea of all Excises, and other Publique Taxes al­ready imposed by them, and yet unpaid; and to call all Receivers and other Accomptants of all former taxes and publique dues, to a Just and strict Accompt, either by themselves, or by [Page 18]such as they, or any five or more of them shall name and appoint, And that the said persons to be authorized as aforesaid, or any five or more of them shall have power to Applot, Raise, and Levie, meanes, with indifferencie and equality, by way of Excises, or other­wise, in the severall Cities, Corporate Townes, Counties and parts of Counties now within the Quarters of the said Confederate Ca­tholiques, towards the Maintenance of such Army or Armies as shall be thought fit to continue, and be in pay, for the defence of the Kingdome, and towards the maintenance of all the Forts, Castles, and Garrisons within both, or either, of the now Quarters of either partie, other then such of the said Garrisons, Forts, and Ca­stles, as from time to time, untill there be a settlement in Parliament, shall be thought fit by His Majesties chiefe Governour, or Gover­nours of this Kingdome for the time being, by and with the advise and consent of the said persons so to be authorized, or any five or more of them, not to be maintained at the Charge of the Publique, Provided that His Majesties Lievtenant, or other chiefe Governors for the time being, be first made acquainted with such Taxes, Le­vies, and Excises as shall be made, and the manner of Levying there­of, and that he approve the same, And that the persons to be autho­rized as aforesaid, or any five or more of them shall be authorized to appoint Receivers, Gollectors, and all other Officers, for such mo­nies as shall be so assessed, and for the Arreares of all former Ap­plotments, Taxes, and other Publique Dues yet unpaid, And that the persons so to be authorized, or any five or more of them, in case of Refractoriness', or Delinquencie, may Distraint, and Imprison, and cause such Delinquents to be Distrained or Imprisoned, and that the Profits of the Estates, within the now Quarters of the Confederate Catholiques, of such as shall adhere to the Parliament, and not sub­mit to the Peace, be accompted as Publique Dues, and be conver­ted to the Maintenance of the Kings Armie, And that the said per­sons to be authorized as aforesaid, or any five or more of them, shall have power to Applot, Raise, and Levy meanes with indifferencie, and equalitie, for the buying of Armes and Ammunition, and for Entertaining of Friggors, in such proportion and manner as shall be thought fit by His Majesties Lievtenant, or other chiefe Gover­nor, or Governors, for the time being, by and wish the Advice and [Page 19]consent of the said Richard Lord viscount Mountgarret, Donnogh Lord viscount Muskery, Sir Daniell ô Bryen Knight, Sir Lucas Dillon Knight, Nicholas Plunket, Richard Bellings, Philip mac Hugh ô Rely, Terlogh ô Neale, Thomas Fleming, Patricke Darcy, Gerrard Fennell and Geffry Browne Esquires, or any five or more of them, The said Armes and Ammunition, to be laid up in such Ma­gazines, and under the charge of such persons as shall be agreed, by the said Lord Lievtenant, and the said persons to be authorized, as aforesaid, or any five or more of them, and to be issued, and the said Frigotts to be employed, by the Lord Lievtenant or other cheife Governor, or Governors for the time being, for the safety of the Kingdome, by the advice and consent of the said Richard Lord vis­count Mountgarret, Donnogh Lord viscount Muskery, Sir Daniell ô Bryen, Sir Lucas Dillon, Nicholas Plunket, Richard Bellings, Philip mac Hugh ô Rely, Terlogh ô Neale, Thomas Fleming, Pa­tricke Darcy, Gerrald Fennell, and Geffry Browne, or any five or more of them; And that the said persons so to be authorized as aforesaid, or any five or more of them shall have power to Applot, Raise, and Levie, Mesnes with indifferencie, and equality, by way of Excises, or otherwise, in the severall Citties Corporate Townes, Counties and parts of Counties, now within the Quarters and up­on the Estates of the said Confederate Catholiques all such summe and summes as shall appeare unto the said persons, to be authorized as aforesaid, or any five or more of them, to be really due, for, and in discharge of, the publique ingagements of the said Confederate Ca­tholiques incurred or growen due before the Conclusion of these Articles, and that the said persons to be authorized as aforesaid, or any five or more of them shall have power to Applor, Raise, and Levie Meanes with indifferencie and equality by way of Excise, or otherwise, in the severall Cities, Corporate Townes; Counties and parts of Counties now within the Quarters of the said Confede­rate Catholiques as well for the persons to be authorized as afore­said, and also for such other person and persons as shall be Imploy­ed in Publique Affaires within the severall Citties, Corporate townes, Counties, and parts of Counties within the now Quarters of the said Confederate Catholiques from time to time untill a set­tlement by Parliament, And that the said persons to be Authorized [Page 20]as aforesaid, or any five or more of them, make perfect Bookes of all such monies as shall be Applotted, Raised, and Levied, our of which Books, they are to make severall and respective Abstracte, to be delivered under their hands, or the hands of any five or more of them, to the severall and respective Collectors, who shall be ap­pointed to Levie, & Receive the same; and that a duplicate of the said Bookes, under the hands of the said persons to be authorized as aforesaid, be delivered unto His Majesties Lievtenant, or other Chiefe Governor or Governors for the time being, whereby a per­fect accompt might be given.

26. Item. It is further concluded, accorded, and agreed, by and between the said parties and His Majesty is gratiously pleased, that for the preservation of the Peace, & Tranquillity of the Kingdome, That the said Lord Lievtenant, and the said Lord viscount Mount­garret, Donnogh Lord Viscount Muskery, Sir Daniell ô Bryen Knight, Sir Lucas Dillon Knight, Nicholas Plunket, Richard Bel­lings Philip mac Hugh ô Rely, Terlogy ô Neale, Thomas Fleming, Patricke Darcy, Gerrald Fennell, and Geffry Browne Esquires, or any five 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, and Goale delivery, in the severall Counties, and parts of Counties, within the now Quarters of the Confederate Catholikes, with such pow­er as Iustices of the Peace, Oyerand Terminer, and Gaole delivery, in former times of Peace, have usuall had; which is not to extend unto any Crime, or Offence, committed before the 15. of Septem­ber 1643. And to be qualiffied with Power to Heare and Determine all Civill causes coming before them not exceeding ten pounds; Provided that they shall not intermedle with Titles of Lands; Pro­vided likewise the authoritie of such Commissioners shall not ex­tend, to question any person or persons, for any Cattle or Goods, heretofore taken by either party from the other, contrary to the Articles of cessations, but that the same shall be left to be determined in such way, as by these Articles is already prescribed, which Com­missioners are to continue till settlement by Parliament, Si tam diu se bene gesserint, And if any who shall be so intrusted, shall misbe­have [Page 21]himselfe in the execution of such trust, within that time, that then such other person or persons shall be appointed in his or their place, as shall be agreed on by His Majesties Chiefe Governour, or Governours for the time being, by the Advice and Consent of the said persons so to be intrusted, or any five or more of them, and the said Commissioners are to make their Estreates as accustomed in time of Peace, and shall take the ensuing Oath, viz. ‘You shall sweare that as Justice of the Peace, Oyer and Terminer, and Goale delivery, in the Counties of A. B. C. in all Articles of the Kings Commission to you directed, you shall doe equall right to the poore and to the rich, after your Cunning Wit, and Power, and after the Lawes & Customes of the Realme, and in persuance of these Articles; and you shall not be of Councell of any quarrel hanging before you, And the Issues, Eines, and Amerciaments, which shall happen to be made, and all Forfei­tures which shall happen before you; You shall cause to be entr d with­out any concealement or imbezeling, and truly send to the Kings Ex­chequer; You shall not lett for gift, or other cause, but well and tru­ly you shall doe your Office of justice of the Peace, Oyer and Termi­ner, and Gaole deliverie in that behalfe, and that you take nothing for your Office of Justice of the Peace, Oyer and Terminer and Gaole 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 Bayliffs of the said Counties respectively, or other the Kings Officers, or Ministers, or other indifferent persons to doe Execution thereof, So helpe you God.’ And that as well in the said Commission, as in all other Com­missions and authorities, to be issued in persuance of these present Articles, this Clause shall be incerted, viz. That all Officers, Civill and Marshall, shall be required to be ayding and assisting, and obedient unto the said Commissioners, and other persons to be autho­rized as abovesaid in the execution of their respective powers.

27. Item, It is further Concluded, accorded, and agreed, by and be­tween the said Parties, And his Majesty is further graciously pleased, That none of the now Roman Catholique party shall from hence­forth, untill there be a settlement by Parliament, Sue, Impleade, or Arrest, or be sued, Impleaded, or Arrested in any Court, Place. Ju­dicature, [Page 22]or Tribunall, or before any Judge, Justice, or Commissi­oner whatsoever, other then before the Commissioners aforesaid, or in the severall Corporations, or other Judicatures, within the now Quarters of the said Confederate Catholiques, as hath, or have Power derived from His Majestie.

28. Item, It is further concluded, accorded, and agreed, by and betweene the said parties, and His Majestie is further graciously pleased, that His Majesties Confederate Catholique Subjects doe continue the possession, of such of His Majesties Cities, Garrisons, Townes, Forts, and Castles, which are within their now Quarters, untill settlement by Parliament, and to be Commanded, Ruled and Governed in chiefe, by such as His Majestie or his chiefe Governor of Governors of this Kingdome for the time being shall Appoint, and His Majestie his chiefe Governor or Governors of this King­dome as aforesaid, is to issue Commissions, and appoint such per­son, and persons, as shall be named by His Majesties chiefe Gover­nour, or Governours for the time being, by, and with the advice and consent of the said Lord Viscount Mountgarret, Donnough, Lord Viscount Muskery, Sir Daniel ô Bryen, Sir Lucas Dillon, Nicholas Plunket, Richard Bellings, Philip mac Hugh ô Rely, Terlogh ô Neale, Thomas Fleming, Patricke Darcy, Gerrald Fennell, and Geffry Browne, Esquires, or any five or more of them, for the exe­cution of such Command, Rule, or Government, to continue un­till all the particulars in these present Articles agreed on to passe in Parliament, shall be accordingly passed; only in case of death, or Misbehaviour s [...]ch other person or persons to be appointed for the said Command, Rule, and Government to be named and appointed in the Place, or places, of him, or them, who shall so die or Mis­behave themselves, as the Chiefe Governour or Governours, for the time being, by the advice and consent of the said Lord Viscount Mountgarret, and the rest of the above mentioned parties to be au­thorized as aforesaid, or any five or more of them, shall thinke fit, and to be continued untill settlement in Parliament, as aforesaid.

29. Item, It is further concluded, accorded, and agreed, by and betweene the said parties, and His Majestie is further graciously [Page 23]pleased, that all Customes belonging to His Majestie which from the perfection of these present Articles shall fall due within this Kingdome, shall be payed into his Majesties Receipt, and to His use, any Request, Clause, or Demand, in the Act of Oblivion, or in any other former Propositions to the contrary notwithstanding; Provided, that all and every person and persons, who are at the pre­sent Intrusted within the now Quarters of the Confederate Ca­tholiques, by them the said Confederate Catholiques in the Entries, Receipts, Collections, or otherwise concerning the said Customes, doe continue their respective Imployments in the same, untill full settlement in Parliament; other then as to such, and so many of them, as to the chiefe Governour, or Governours, for the time being, by the advice and consent of the said Lord Viscount Mount­garret, and the other persons to be authorized as aforesaid, or any five or more of them shall be thought fit to be altered, and then, and in such case, or in case of death, or misbehaviour, or other alteration, of any such person or persons, such other person or persons to bee imployed as shall be thought fit, by the Chiefe Governour or Gover­nours for the time being, by, and with the advice and Consent of the said Lord Viscount Mountgarret, and the rest of the persons to be authorized as aforesaid, or any five or more of them; And as to His Majesties Rents to grow due, at Easter next, and from thence­forth, the same to be payable unto His Majestie notwithstanding any thing contained in the Article of the Act of oblivion, or in any other Article to the contrary, but the same not to be Written for, or Levied, unitll a full settlement in Parliament, as aforesaid.

30. Item. It is further concluded, accorded, and agreed, by and betweene the said parties; And His Majesty is further graciously pleased, That the Commissioners of Oyer and Terminer, and Gaole delivery, to be named as aforesaid, shall have Power to heare and Determine all Murthers, Manslaughters, Rapes, Stealths, Bur­ning of Houses, and Corne in Reeke, or Stacks, Robberies, Burgla­ries, force [...]ble entries, Detainers of Possessions, and other Offences, commiteed, or done, and to be committed and done from the 15 day of September, 1643. untill the first day of the next Parliament. These present Articles, or any therein contained to the contrary notwith­standing; Provided that the Authoritie of the said Commissioners [Page 24]shall not extend to question any person, or persons, for doing or Committing and Act whatsoever before the conclusion of this Treaty by vertue or colour of any Warrantor direction from those in publique Authority among the Confederate Catholiques; nor un­to any Act which shall be done after the perfecting and concluding of these Articles by vertue of pretence of any authoritie, which is now by these Articles agreed on; Provided also the said Commis­sion shall not continue longer then to the first day of the next Parliament. In witnesse whereof his Excellencie the Marquesse of Ormond, Lord Lievtenant of Jreland His Majesties Commissioner to that part of these Articles remaining with the said Richard Lord Viscount Mountgarret, Donnogh, Lord Viscount Muskery, Sir Robert Talbot, Baronet; Dermot ô Bryen, Patrick Darcie, Geffry Browne, and John Dillon, Esquires; And the said Richard Lord Vis­count Mountgarret, Donnogh, Lord Viscount Muskery, Sir Ro­beat Talbot, Barronet; Dermot ô Bryen, Patricke Darcy, Geffry Browne and John Dillon, Esquires; to that part of these Articles remaining with the said Lord Lievtenant, have put their hands and seales at Dublin this 28 day of March 1646. and in the two and Twentieth yeare of the Raigne of our Soveraigne King CHARLES King of Great Brittaine, France and Ireland, &c.