ARticles of Cessation of Arms, agreed, and concluded on at Siggingstown, in the county of Kildare, the Fifteenth day of Sept. in the Nineteenth yeer of His Majesties Raign, by and between James Marques of Ormond, Lieutenant Generall of His Majesties Army in the kingdom of Ireland, for & in the Name of our Gracious Soveraign Lord CHARLES, by the Grace of God, King of Great Britain, France, and Ireland, &c. By vertue of His Majesties Commission bearing date at Dublin, the last of August, [Page 3]in the said Nineteenth yeer of His Majesties Raign, of the one part; And Donogh Viscount Muskerry, Sir Lucas Dillon Knight, Nicholas Plunket Esquire, Sir Robert Talbot Baronet, Sir Richard Barnwell Baronet, Torlogh O Neale, Geoffrey Brown, Ever Mac Gennis, and John Walsh Esquires; Authorised by His Maj [...]sties Romane Catholique Subjects, of whose party they are, and now in Arms in the said Kingdom, &c. to Treat and Conclude with the said Marquesse for a Cessation of Arms, by vertue of an Authority given unto them, bearing date at Cashell the Seventh day of September, in the said Nineteenth yeer of His Majesties Raign, of the other part.
FIrst, It is concluded and accorded, that there be a Cessation of Arms, and of all Acts of Hostility, between His Majesties said Romane Catholique Subjects, who are now in Arms, &c. in this Kingdom, and their party, and all others His Majesties good Subjects, for one whole yeer, to begin the Fifteenth day of September, Anno Dom. 1643. at the hour of Twelve of the clock of the said day.
Item, It is concluded and accorded, That free Passage, Intercourse, Commerce, and Trassique, during the said Cossation, shall be between His Majesties said Romane Catholique Subjects, who are now in Arms, &c. and their party, and all other His Majesties good Subjects, and all others in League with His Majesty by Sea and Land.
Item, It is concluded and accorded, and the said Viscount Muskerry, and the rest of the above named Persons, do promise and undertake, for and in the behalf of those for whom they are Authorised to Treat and Conclude as aforesaid; That all Ships, Barques, and Vessells, which shall bring Provisions to any Harbour in this Kingdom, in the hands or possession of such as shall obey the Articles of this Cessation, from Minehead and Whitehaven, and from all the Ports between, on that side where Wales is scituate, so as they be Ships belonging to any of the said Ports, and do not use any Acts of Hostility to any of the said Romane Catholiques, who are now in Arms, or to any of their party, or to any who shall be waged, or imployed unto or by them, shall not be interrupted by any of their party, nor by any Ships or other Vessells, of what Country or Nation soever under their power or command, or waged, imployed, or contracted with on their behalfe, or by any Forts, Garrisons, or Forces, within this Kingdome under their power, in their coming to this Kingdom, or returning from thence.
Item. It is concluded and accorded, and the said Lord Viscount Muskery, and the rest of the above named parties do promise and undertake [Page 4]for and in the behalfe of those for whom they are authorized as aforesaid, that all Ships, Barques, and Vessells, which shall bring Provisions to any harbour in this Kingdome, in the hands of such as shall obey the Articles of this Cessation from any Ports in the kingdom of England, having his Majesties passe, or the passe of any who is, or shalbe his Majesties Admirall or Vice-admirall, or the passe of any Governor or Governors of any the Ports in England, in his Majesties hands, or which shall hereafter during this Cessation, be in His Majesties hands, or the passe of the said Marques, shall not be interrupted, by any of those for whom the said Lord Viscount Muskery, and the rest of the above named Persons are Authorized as aforesaid, neither in their coming to this Kingdome, or in their returne, so as they use not any acts of hostility to any of their said party. And this to be a rule untill his Majesties pleasure be further declared therein▪ upon application of the Agents of the said Roman Catholique Subjects, now in Armes, &c. to his Majesty.
Item, It is concluded and accorded, and the said Iames Marques of Ormond, doth promise and undertake, for and in the Name of His Majesty, that no interruption shall be given by any Ship, or Ships, under His Majesties power and command, or waged, imployed, or contracted with, by or in the behalfe of his Majesty or by any of his Majesties Forts, Garrisons, or Forces, within this Kingdome, to any Ship, or Ships, that shall trade with any of the said Roman Catholiques who are now in Arms, &c or any of their party; or which shall come in, or go out of any the Cities, Townes, Harbours, Creeks, or Ports, of this Kingdome, in the hands of the said Roman Catholiques now in Arms, &c. with Arms, Ammunition, Merchandize, Commodity, or any thing whatsoever, during this Cessation: as on the other side, the said Donnogh Viscount Muskery, and the rest above named of that party, do promise and undertake, for and in the behalfe of those by whom they are Authorized, that no interruption shall be given by any Ship, or other Vessell whatsoever, under the power and command of their party, or waged, imployed, or contracted with, by or in the behalfe of their party, or by any Forts, Garrisons, or Forces, within this Kingdome, in their power, to any Ship, or Ships, that shall trade with any of his Majesties Subjects, obeying this Cessation, or which shall come in, or go out of any of the Cities, Townes, Harbours, or Ports of this Kingdome, which shall obey this Cessation, with Arms, Ammunition, Merchandize, Commodity, or any other thing whatsoever during this Cessation. Provided that no Ship, or Ships, shall be admitted free Trade, by colour of this Article, but such as are warranted [Page 5]by the precedent Articles.
Item. It is concluded and accorded, that the quarters in the Province of Leinster be as followeth, viz. That the County of Dublin, the County of the City of Dublin, the County of the Town of Droghedagh, and the County of Lowth, shall remaine and be during the Cessation, in the possession of his Majesties Protestant Subjects, and of such as adhere unto them respectively, saving and excepting unto the said Roman Catholique Subjects, now in Armes, &c. and their party, all such Castles, Townes, Lands, Territories, and the Lands and hereditaments thereunto belonging, which upon the said fifteenth day of September, 1643. at the hour aforesaid are possessed in the said counties, or any of them, by any of the said party. And it is further concluded and accorded, that as much of the county of Meath, as in the East and South side of the river of Boyne, from Droghedagh to Trym, thence to the lordship of Moylagh, & thence to Moyglare, and thence to Dublin, shall during the said Cessation remain and be in the possession of His Majesties Protestant Subjects, and of such as adhere unto them respectively, saving & excepting to the said Roman Catholique Subjects now in Armes, and their party, all such Castles, Townes, Lands, and Territories, and the Lands, hereditaments thereunto belonging, which upon the said fifteenth day of Sept. 1643. at the hour aforesaid are possessed by any of the said Roman Catholique Subjects now in Armes, &c. and of their party, within the said limits, and boundaries, and that the Residue of the said County of Meath shall remain in the hands and possessions of the said Roman Catholique subjects now in armes, &c. and their party, except the Castles, Towns, Lands, Territories, and the Lands and hereditaments thereunto belonging, which upon the said fifteenth day of Septem. 1643. at the hour aforesaid are possessed within the said last mentioned quarters in the County of Meath by his Majesties Protestant Subjects, and such as adhere unto them, or by any of them respectively. And that so much of the county of Kildare, as is on this side of the Liffy where Naas is scituate, and on the other side of the Liffy from Dublin westward into the County of Kildare, so far as the Rye water at Kilcock, and so far betwixt that and the Liffye, as shall be at the same distance from Dublin, as the said Rye water is at Kilcock on that side of the Liffye; shall during the said Cessation, remaine and be in the hands and possessions of his Majesties Protestant Subjects and their adherents respectively, except such Castles, Townes, Territories, and the Lands and hereditaments thereunto belonging, which upon the said fifteenth day of September, 1643. at the houre aforesaid are possessed within the [Page 6]said quarters by the said Roman Catholique Subjects who are now in Armes, &c. and their party, and that the residue of the said County of Kildare, shall remaine in the hands of the said Roman Catholique Subjects now in Armes, &c. and their party, except such Castles, Townes, Lands, Territories, and the Lands and Hereditaments thereunto belonging, which upon the said fifteenth day of September, 1643. at the houre aforesaid are possessed by his Majesties Protestant subjects and their adherents respectively, within the said last mentioned quarters in the said County of Kildare. And that the severall Countyes of Wiglow, west Meath, Kings County, Queens County, Catherlagh, Kilkenny, County of the City of Kilkenny, Weixford, and Longford, shall during the said Cessation remaine in the hands of the said Roman Catholique Subjects now in Armes, &c. and their party, except such Castles, Townes, Lands, Territories, and the Lands and hereditaments thereunto belonging which upon the said fifteenth day of September, 1643. at the houre aforesaid, are possessed within the said County, by His Majesties Protestant Subjects, and their adherents respectively.
Item, It is concluded and accorded, that what Corne, hath been sowen by any of his Majesties Army, or by any of his Protestant subjects, or their adherents, or by any of them, within any of the quarters alotted in the Province of Leinster, to the said other party, the same shall be enjoyed by the sowers and manurers paying, for the same as they did agree, and in case they did not agree paying the fourth sheafe unto such Garrison within whose quarters the same shall fall. And that in case any of the said Roman Catholique Subjects, now in Armes, &c. or any of their party have sowne Corne within any the quarters alotted in the Province of Leinster, to the said other party, the same shall be enjoyed by the sowers and manurers, paying for the same as they did agree, & in case they did not agree paying the fourth sheafe unto such Garrisons, within whose quarters the same shall fall. And it is likewise concluded and accorded, that those places which have been protected, by the Lords Iustices, or any Officer of His Majesties Army, doe pay according to the agreement which was made, and if no agreement were made, to pay the fourth Sheafe, to those Garisons or persons who protected them, in whose soever quarters they are; And this to continue for a rule, other then as to so many of those Garrisons, who granted such protection, and are since regained by the said party, or some of them, for whome the said Dounogh Viscount Muskery, and the persons abovenamed are Authorized as aforesaid. And that the Tenants [Page 7]of the Town of Baniboght in the County of Dublin, if they haue not been protected, shall pay according to agreement, and if no agreement made, then the fourth sheafe, and to continue their possessions during this Cessation. And it is further concluded and accorded, that where his Majesty, or any of his Protestant Subjects, or their adherents shall happen to have any Garrison or Garrisons within the quarters set forth in the next precedent Article, for the said other party, that such Garrison and Garrisons, shall have such competency of the Lands aswell profitable as unprofitable, now termed wast, as shall be found necessary for them by any indifferent Commissioners, to be appointed for that purpose.
Item. It is concluded and accorded, that the quarters, in the Province of Munster be as followeth, viz. That the County of the City of Corck, and so much of the County of Corcke, as is within the subsequent Garrisons, viz. From Youghall to Mogeely, thence to Formoye, thence to Michellstowne, thence to Liscarroll, and so in a line from Michellstowne, and Liscarroll northward, as farre as His Majesties our Garrisons on that side doe entend; and from Liscarroll, to Mallow, thence to Corcke, thence to Carrig-Croghan, thence to Rochfordstowne, thence to Bandonbridge, thence to Timmoleagie, and thence forward to the Sea, together with the said Garrisons, shall during the said Cessation remaine; and be in the possession of his Majesties Protestant Subjects and of such as adhere unto them: Saving and excepting to the said Roman Catholique Subjects now in Arms, &c. and their party, all such Castles, Townes, Lands, Territories; and the Lands and hereditaments thereunto belonging, which on the said fifteenth day of September. 1643. at the houre aforesaid are possessed in the said Counties, or any of them, by any of the said Roman Catholique Subjects now in Arms, &c. and their party. And that the residue of the said County of Corcke, shall likewise remaine to the said party last named, saving and excepting to His Majesties Protestant Subjects, and their adherents, all such Castles, Townes, Lands, Territoryes, and the Lands, and hereditaments thereunto belonging, which on the said fifteenth day of September, 1643. at the houre aforesaid, are possessed in the last mentioned quarters by them, or any of them. And that the County of Tipperary, the County of Limerick, the County of the City of Limericke, the County of Kerry, the County of Waterford, the County of the City of Waterford, and the County of Clare, shall during the said Cessation remaine and be in the possession of the said Roman Catholique Subjects now in Armes, &c. and their party. Except Knockmorne, Ardmore, Piltowne, Cappoquïn, Ballinetra, [Page 8]Stroncally, Lismore, Balliduffe, Lisfinny, and Tallowe, all scituate in the County of Waterford, or as many of them as are possessed by His MAIESTIES Protestant Subjects, and their adhaerents, the said fifteenth day of September, 1643. at the houre aforesaid, and likewise except all such Castles, Townes, Lands, Territories, and Hereditaments thereunto belonging, as within the said Countyes respectively, on the said fifteenth day of September 1643. at the houre aforesaid are possessed by any of His Majesties Protestant Subjects, or such as adheaere unto that party respectively, in the said County of Waterford, and the rest of the last mentioned Countyes. And it is concluded and accorded, that the like rule for Corne sowen, and what shall be payed by places protected, and for the laying out wasts for the respective Garrisons, shalbe observed in the Province of Munster, as it is set downe for Leinster.
Item. It is concluded and accorded, that the quarters in the Province of Vlster, be as followeth: viz. That such Countyes, Baronyes, Lands, Tenements, and hereditaments in the Province of Vlster, which the said fifteenth of September, 1643. at the hour aforesaid, are possessed by any of his Majesties Protestant Subjects, or any that adhaere unto them, and all Places protected by any Commander during Authority from his Majesty, shall during the said Cessation remaine entirely in the hands and in the possession of his Majesties Protestant Subjects, and such as adhaere unto them, excepting such Castles, Lands, and hereditaments, as on the fifteenth day of September, 1643. at the houre aforesaid, are possessed by the said Roman Catholique Subjects now in Arms, &c. or their party. And that all such Countyes, Baronyes, Lands, Tenements, and hereditaments, in the said Province, which on the said fifteenth of September, 1643. at the houre aforesaid, are possessed by the said Roman Catholique Subjects now in Armes, &c. and their party, shall remaine intirely during this Cessation in the hands and Possession of the said Roman Catholique Subjects now in Armes &c. and their party, saving and excepting thereout all places protected by any Commander, deriving Authority from his Majesty, and likewise excepting thereout all such Territories, Castles, Towns, Lands, Tenements, and hereditaments, which on the said fifteenth day of September 1643. at the houre aforesaid are possessed by any of his Majestyes Protestant Subjects, or such as adhaere unto them. And it is concluded and accorded, that the like rule for Corne sowne, and what shall be payed for protected places; and for the laying down of wasts for the respective Garisons, shall be observed in the Province of Vlster, as is set downe for Leinster.
Item. It is concluded and accorded, that the quarters in the Province of Connaght, be as followeth, viz. that the County of Galway, the County of the town of Galway, the Counties of Mayo, Roscomon, Sligo, and Letrym, in the Province of Connaght, and all such castles, lands, tenements and hereditaments in the said Province which the said fifteenth day of September, 1643. at the houre aforesaid are possessed by the said Roman Catholick subjects, now in armes, &c, and their party, shall during the said cessation remain entirely in the possession of the said Roman Catholick subjects, now in arms and their party, excepting all such Territories, castles, lands, tenements and hereditaments within the said several Counties which upon the said 15. of September 1643. at the houre aforesaid, are possessed by any of his Majesties Forces, or by their party, or by any of them, and that those who after taking protection of any of his Majesties Forces, or any of that party, or from any Governours, deriving Authority from his Majesty there, have joyned themselves to the said Roman Catholick subjects now in armes, &c. and their party, shall pay no contribution unto such who protected them. But in regard there may be a rule different touching persons that may be said to doe this, and consequently touching the Contributions payable by them. It is concluded and accorded that such disputes and questions, if any shall arise, be determined by Commissioners indifferently chosen on each side, and it is concluded and accorded, that the like rule for sowers and manurers of corne within the quarters of each other, shall be observed in the Province of Connaght, as is set downe for Leinster.
Item. It is concluded and accorded, and the said Marquesse of Ormond; for and in the name of his Majesty doth promise and undertake, that no interruption shall be given unto any of the said Roman Catholick subjects now in Armes, &c. or their party, in any of the said Counties, quarters, or places by the said precedent Articles unto them or any of them limited as aforesaid, during this Cessation; like as the said Donnogh Viscount Muskery, and the rest of the above named persons who are authorized, as aforesaid, do promise and undertake, that no interruption shal be given unto any of his Majesties Forces, Protestant subjects, or such as adhere unto them, within any of the said Counties, qu [...]rs or places, by the preced [...]nt Articles limited unto them, as aforesaid, during the said Cessation.
Item. It is concluded and accorded, that no Officer of the Armie, or Souldier of eithe [...] side, shall be admitted without licence from the Commander in chiefe of the Army on both sides, or of the Commander of the next chiefe Garrisons respectively to passe or repaire into any garison on either side, save that it be lawfull for either party to [Page 8]furnish any garison in their power during the Cessation, with victuals, cloth, amunition or other necessaries by licence, as aforesaid, which is not to be denied upon demand.
Item. It is concluded and accorded, that if any Army or Forces in this Kingdom raised by his Majesties authority, or any part thereof, or any other his Majesties subjects shall not yeeld obedience to the Articles of this Cessation, but shal publickly stand in opposition thereunto; that the said Roman Catholick subjects now in Armes, &c. and their party may persecute such: and the said Iames Marquesse of Ormonde doth promise and undertake that such who shall so stand in opposition, shall not be assisted, protected, or defended against the said Roman Catholick Subjects now in armes, &c. or their party, by his Majesty or any of his forces. And yet neverthelesse the same shall not be understood to be any breach of cessation, as to other parts of the kingdome, which shall conforme and yeeld thereunto. And whereas the assistance of his Majesties forces is desired by the said Roman Catholick subjects now in armes, &c. against such as shall oppose the Articles of this cessation and will not yeeld obedience thereunto, or interrupt the trade and traffick, albeit that it is not to be supposed that there will be any such, the said Iames Marquesse of Ormonde doth further promise and undertake, that their said request shall be made known to his Majesty, and upon signification of his pleasure the same shall be obeyed.
Item, It is concluded and accorded, that if in other cases it be pretended on either side that the Cessation is violated, that yet no Act of Hostility is immediately to follow; but first the party complaining is to acquaint the Lord Generall, Lieutenant Generall, or other chiefe Commander of either side in that Province, in which the said Cessation is pretended to be violated therewith, and to allow fourteene dayes after notice given, for reparation or satisfaction, and in case reparation or satisfaction be not given or tendred, then fourteen dayes notice to be given before Hostility begin.
Item. It is concluded and accorded, that all Prisoners and hostages of both sides in all parts of the Kingdome, excepting such of them as are indicted of any Capitall offence, shall de mutually released and set at liberty, within seven dayes after publication of the said Cessation. And the said Marquesse of Ormonde, doth further promise and undertake; that such prisoners who indicted of any capitall offence, shall be set at liberty upon Baile, untill his Majesties further pleasure be knowne therein. Provided neverthelesse that if any party of his Majesties Army in any other Province of the Kingdom, shall not within ten dayes after publication of these Articles, yeeld obedience [Page 9]thereunto; that the same shall be no breach of cessation, but that his Majesty be first made acquainted with such disobedience, & his direction expected therein: & that all other persons that do reside with either party, and all women and children shall be permitted within seven dayes after publishing of this cessation, or when they please, with their goods and chattels, to depart to what place they please, with a safe conduct or convoy if they desire it.
Item. It is concluded and accorded, that the said Roman Catholick Subjects, now in armes, &c. and their party, may at any time during the cessation send such Agents to his Majesty as they shall think fit: and that the said Agents shall have safe conduct in writing from the chiefe Governour or Governours of this Kingdome for the time being, upon demand.
Item. It is concluded and accorded, and the said Marquesse of Ormond, doth promise and undertake for and in the name of his Majesty, that all and every of the precedent Articles, which have bin agreed unto, and undertaken by the said Marquesse, for and in the behalfe of his Majesty, shall be faithfully, truly, and inviolably observed, fulfilled and kept. And the said Viscount Muskery, Sir Lucas Dillon, Knight, Nicholas Plunket, Esq Sir Robert Talbot, Baronet, Sir Richard Barnewell, Torlogh ô Oncale, Evea Mach Gennis, Geffry Browne, and Iohn Walsh, Esq For and in the behalfe of the said Roman Catholick subjects, now in armes, &c. and their party do promise and undertake, that all and every of the precedent Articles, which have agreed unto and undertaken by them, for and in the behalfe of their party, shall be faithfull, truly, & inviolably observed, fulfilled, & kept.
Lastly. It is concluded and accorded, that all possessions, and likewise all goods and chattels, that shall be found in Specie, taken by either party, after the houre of twelve aforesaid, and before publication of this Cessation, shall be restored to the owners, and after publication, all possession and goods that shall be taken, to be restored to the owners upon demand, or dammages for the same.
In witnesse whereof the said Marquesse to the party of the said Articles remaining with the said Viscount Muskery and the rest of the above named persons, hath put his hand and Seale. And the said Viscount Muskery, Sir Lucas Dillon, Knight, Nicholas Plunket, Esq Sir Robert Talbat, Baronet, Sir Richard Barnewell, Baronet, Torlogh ô Neale, Geffry Browne, ever Mac-Gennis, and Iohn Walsh, Esquires. To that part of the Articles remaining with the said Marquesse Ormonde, have put their hands and seales, the day and yeare, first above written.