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THE ARTICLES OF PEACE
BETWEEN JAMES EARL OF ORMOND FOR KING CHARLES THE FIRST ON THE ONE HAND,
AND THE IRISH REBELS AND PAPISTS ON THE OTHER HAND: AND ON A LEITER SENT BY ORMOND TO COLONEL JONES, GOVERNOR OF DUBLIN. AND A REPRESENTATION OP THE SCOTS PRESBYTERY AT BELFAST IN IRELAND. TO WHICH THE SAID ARTICLES, LETTER, WITH COLONEL JONES'S ANSWER TO IT, AND REPRESENTATION, &c., ARB PREPIXED.
EDITOR S PRELIMINARY REMARKS. PROPERLY to estimate these Observations it is necessary to be conversant with the minutest evenis in the history of those times. Clarendon relates the facts with the partiality of a bigoted royalist, and Milton, the habitual advocate of liberty of conscience, appears to remark upon them in the spirit of a persecutor. A wide distinction should however be drawn between a disposition to deprive other men of religious freedom, and anxiety to dispossess of power those whose principies were supposed to be inimical to all liberty, as the Irish Roman Catholics of those days would seem to have been. Clarendon himself, in fact, admits that from desiring, as they did at the outset, to escape from protestant domination, they gradually proceeded, as the king's affairs grew more and more desperate, to insist on absolute domination over protestantism. Milton, therefore, was not without justification, when he inveighed, as he does in these Observations, against spiritual despotism. It would of course be more agreeable to our feelings to discover the spirit of complete toleration breathing through all his writings. But we must not lose sight of the times in which he lived, and imagine that because it is safe for us to be tolerant, it would therefore have been equally safe for Milton, and the puritans. Practically men's civil virtues grow out of the circumstances in which they are placed, and it would have argued in Milton as much lukewarmness and effeminacy to think on these subjects as we think, as it would argue bigotry and unchristian fierceness in us to adopt and act upon the opinions expressed in these “ Observations.”
A PROCLAMATION. ORMOND, WHEREAS articles of peace are made, concluded, accorded, and agreed upon, by and between us, James lord marquis of Ormond, lord lieutenant-general, and general governor of his majesty's kingdom of Ireland, by virtue of the authority wherewith we are intrusted, for, 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 other part; a true copy of which articles of peace are hereunto annexed: we the lord lieutenant do, by this proclama
tion, in his majesty's name publish the same, and do in his majesty's name strictly charge and command all his majesty's subjects, and all others inhabiting or residing within his majesty's said 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 this peace, out of a deep sense 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 suffer, restore them to all quietness and happiness under his majesty's most 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 strength 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: so 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 said 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, Jan. 17, 1648.
GOD SAVE THE KING.
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 most excellent majesty, by virtue of the authority wherewith the said lord lieutenant is intrusted, 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 same, on the other part.
His majesty's Roman catholic subjects, as thereunto bound by allegiance, duty, and nature, do most humbly and freely acknowledge and recognise their sovereign 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 said Roman catholic subjects, apprehending with a deep sense the sad condition whereunto his majesty is reduced, as a further testimony of their loyalty, do declare, that they and their posterity 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 successors, their rights, prerogatives, government, and authority, and thereunto freely and heartily will render all due obedience.
Of which faithful and loyal recognition and declaration, so seasonably made by the said Roman catholics, his majesty is graciously pleased to accept, and accordingly to owu 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 upon, by and between the said lord lieutenant, for, and on the behalf of his most excellent majesty, and the said 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 passed 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, shall be free and exempt from all mulcts, 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 shall be likewise enacted, that the said Roman catholics, or any of them, shall not be questioned or molested in their persons, goods, or estates, for any matter or cause whatsoever, for, concerning, or by reason 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 such as shall be agreeable to their conscience; and that they shall not be prejudiced or molested in their persons, goods, or estates, for not observing, using, or hearing the book of com
mon prayer, or any other form of devotion or divine service, by virtue of any colour or statute made in the second 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 professors 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. 1, or in any other statute or statutes : 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, viz. “I, A. B., do hereby acknowledge, profess, 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 majesty's 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 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 other his majesty's chief governor or governors for the time being, all treason or traitorous 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." &c. Nevertheless, the said lord lieutenant doth not hereby intend, that anything in these concessions contained shall 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 said lord lieutenant doth give unto the said Roman catholics full assurance, that they or any of them shall not be molested in the possession which they have at present of the churches or church-livings, or of the exercise of their respective jurisdictions, as they now exercise the same, until such time as his majesty, upon a full consideration of
the desires of the said 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 majesty is further graci. ously pleased, that a free parliament shall be held in this kingdom within six months after the date of these articles of peace, or as soon after as Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander MacDonnel, esquire, sir Lucas Dillon, knight, sir Nicholas Plunket, knight, sir Richard Barnwall, baronet, Jeffery Brown, Donnogh O Callaghan, Tyrlah 0 Neile, Miles Reily, and Gerrald Fennell, esquires, or the major part of them, will desire the same, so that by possibility 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 shall 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 majesty's chief governor or governors of this kingdom for the time being, will, at the request of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel, esquire, sir Lucas Dillon, knight, sir Nicholas Plunket, knight, sir Richard Barnwall, baronet, Jeffery Brown, Donnogh Ó Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or the major part of them, call a general assembly of the lords and commons of this kingdom, to attend upon the said lord lieutenant, or other his majesty'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, accorded, and agreed upon, by and between the said parties, that all matters that by these articles are agreed upon to be passed in parliament, shall be transmitted into England, according to the usual form, to be passed in the said parliament, and that the said acts so agreed upon, and so to be passed, shall receive no disjunction or alteration here in England; pro