The propositions of the Roman Catholicks of Ireland as also the answer of the agents for the Protestants of Ireland made to the said propositions, and their petitions and propositions to His Majesty, and His Majesties answer to the propositions of the said Roman Catholicks, and the answer of James, Marquesse of Ormond, His Majesties Commissioner for the treatie and concluding of a peace in the kingdome of Ireland, to the said propositions.

An Explanation of some of the answers given by IAMES Marques of Ormond His Majesties Commissioner, for the concluding of a Peace in this Kingdome to the Propositions of His Maiesties Ro∣man Catholicke subiects of Ireland with some further Concessions.

1. Answ. FOr the exception taken to the answer to the first Proposition, although neyther the statute of 2. Eliz. c. 1. nor any other statute of force in this kingdome doe impose any mulct or penalty for saying, singing, or hearing Masse, or keeping a Roman Catholicke priest in their houses, yet his Ma∣jesty for the further satisfaction of his said Roman Catholicke subjects, in any doubt or scruple, that may arise upon the con∣struction of any of the said statutes which may disquiet their mindes, is graciously pleased that a declaration of the law as unto that point be prepared and published. And his Majesty is likewise graciously pleased to suspend the high Commission Court: And that as the oath of supremacie hath not beene imposed upon any of them of late times upon the suing of Li∣veries, so they shall for the time to come be admitted to sue their

Liveries upon taking the oath by his Majesties directions in that case provided, which being added to the answers to the eight proposition (by which his Majesty hath declared that they shall receive such markes of his favour in offices and pla∣ces of trust as shall manifest his Majesties good acceptance and regarde of them) may for the present aboundantly satisfie his said subjects, And for the repeale of any of the acts intended by the said proposition his Majestie will further advise.

2. Answ. For the exception taken to the word new Parlia∣ment in the answer to the second proposition, Whereas a free Parliament was propounded, The said Lord Marquesse de∣clares that the said new Parliament is to bee as free, as by the lawes and statutes of this kingdome any parliament to bee held in this kingdome ought to be, yet so as no interpretation be from thence made, that there should bee any proceeding in the said parliament in any particular contrary to the agree∣ment on this Treatie. As to the exception taken to the clause in the answer, viz. that the parliament shall be dissolved upon an attempt onely of propounding any other matter then shall be agreed upon by the articles of peace, albeit the clause is not so as it is recited, Yet the Lord Marquesse for their further satis∣faction is pleased that the word attempt be left out of the clause wherein it is, and it bee expressed in manner following viz. And that nothing be concluded by both or eyther of the said houses of parliament, which may bring prejudice to any of his Majesties protestant partie or their adherents.

And for their desire to have Poynings act suspended, foras∣much as it is assented unto, that no act of parliament is to passe upon the suspension of Poynings act without transmission, ac∣cording to the usuall manner, but what shall be provided for in the Articles of peace, And that it is enacted by act of par∣liament of force in this kingdome, that Poynings act cannot bee suspended, but by Bill to be first agreed upon by both houses of parliament in this kingdome, which is likewise to be trans∣mitted according to the usuall manner, which will take up asmuch time as the transmitting of the Bils which are to bee agreed on this Treaty, And seeing the benefits which shall be

held fit to be derived to the proposers may be as effectually, and with more speed done without suspending of Poynings act, as by suspending thereof; His Majestie doth not see cause why the same should be desired, But he is very apprehensive of the prejudice the suspension thereof may bring upon himselfe, and the publicke service by disquieting the mindes of his prote∣stant subjects in both kingdomes, if that he should admit such innovation at this time, there being no necessitie thereof, and therefore his Majestie aswell for that as other weighty consi∣derations, may not vary as unto that particular from his former answer.

3. Answ. If both or eyther of the houses of parliament have made any orders wherein his Majesties concurrence hath not beene, It doth rest onely in the power of the house or houses and not in his Majestie to vacate such orders, except they doe appeare in themselves to be illegall, And in such cases his Ma∣jestie will declare such to be voyde, and give directions for the vacating of them as in the particular whereof instance is made, for excluding members duely elected and returned according to the established lawes of this kingdome out of the house of Commons, who should refuse to take the oath of supremacie, which without an act of parliament to warrant it cannot bee in such case imposed, but his Majestie may not admit the pre∣sent parliament to be voyde, nor declare all that hath beene done therein since the seventh of August 1641. to bee voyde for that many orders much tending to his Majesties honour and the safetie of this kingdome, wherein both houses did joyne have beene made since that time, as the prohibiting the taking of the Covenant so destructive to Monarchy, and the Church, which hath been condemned by both the said houses, Their joynt approbation of the late Cessation, The petition wherein both houses joyned to his Majestie, and others of that kinde.

4. Touching the exception taken to that part of the an∣swer to the fourth proposition concerning the Generall par∣don, The Lord Marquesse declares that it is meant thereby that the said generall pardon shall extend to restore them, ex∣cepting

such as shall be on this Treaty agreed to be excepted, to their bloud and estate by act of parliament, whereby all Grantes, Letters-patents, Acts, Letters, Promises shall bee avoyded. But his Majestie cannot in justice publish any such Proclamation, or give any such direction to the parliament as is desired, before the persons intended to be charged be heard, and the matters suggested proved, which if they shall, his Ma∣jestie will then doe therein what shall be just. And in the meane time cannot thinke ill of his ministers of state imployed in this kingdome, nor of the proceedings of any of his Maje∣sties Courts of Iustice, And for their desire that there should be no exception in the pardon, his Majestie may not assent thereunto.

5. His Majestie will be pleased that debts doe stand in statu quo, having as unto such who shalbe agreed in this trea∣tie to be excepted out of the generall pardon, and excepting one particular summe which hath beene payed into his Maie∣sties Exchequer.

6. His Majesty may not agree to the avoyding of the Plan∣tations in the countie of VVicklow, & Territory of Idough in the countie of Kilkenny, part of the Lands in the countie of VVick∣low, viz. the Ranelagh being confirmed by act of parliament, and so much of the rest of the lands in the said county as fell to his Majestie upon the division, and the Territory of Idough be∣ing passed by Letters-patents under the great Seale upon the Commission of Grace for remedy of defective Titles, strength∣ned likewise by act of Parliament, which his Majestie may not in honour avoyde, And his Majestie doth conceive it were un∣safe for divers of his Majesties subjects, who have purchased, estates grounded upon his Majesties title, that the statute of Limitations should have such a retrospect as is desired, which in time would overthrow the estates of many of his Maje∣sties subjects, who acquired estates for valuable considerati∣ons, And therefore his Majestie may not assent thereunto, but for taking off or abating of Rents contracted or agreed for, his Majestie is pleased that the course prescribed in his answer to the twelfth additionall proposition be observed.

7. His Majestie may not admit that the governing of the Innes of Court, Vniversitie, and free-schooles by such statutes rules and orders, as his Majestie shall approve of, and be agree∣able to the customes of England will debarre Roman Catho∣lickes so long as they are of that Religion from attayning to the lawes of the Land, or any other learning within the king∣dome, for those of that Religion in England, and who goe from hence doe attayne the knowledge of both in the Vni∣versities and Innes of Court there in an eminent manner, and may doe the like here.

8. There being no offices or place excepted in the former answer, the Proposers may rest satisfied therewith, it being in his Majesties power to dispose of such places and offices by his Letters-patents as occasion shall be offered, and thereby to re∣move all impediments mentioned by the Proposers.

9. His Majestie doth not admit such abuses to have beene in his Court of wards and the ministers thereof, as are set forth in the reasons for the ninth proposition, untill proofe bee made thereof, And his Maiestie doth beleeve that exceeding great benefit may redound to the kingdome, by the continu∣ance and right ordering thereof, And therefore conceiveth his former answer to be reasonable, And it seemeth not equall which is propounded that there should bee first an extingui∣shing of the Court, and the Tenures in capite taken away, and that then a course for his Maiesties profit and service should be proposed, that being to be offered in the first place before his Maiestie part with the other, And the like is to be done for respit of homage.

10. His Maiestie may not receade from the former answer with which the Proposers may rest satisfied.

11. As his Maiestie may not vary from his former answer, so he may not foreclose the houses of parliament from making any declaration agreeable to the lawes of the land.

12. The Proposers may rest satisfied with the former answer, considering that all parties grieved may have the benefit of the lawes of the land, and that by consent of the parties interested many matters determined at Councell-board are confirmed by act of parliament.

13. His Maiestie will be pleased that indifferent persons be agreed on this treatie who shall be authorised by Commission to moderate and settle the Booke of Rates in such sorre as they shall thinke fit.

14. His Maiestie may not assent any further to this proposi∣tion then he hath already done without apparent preiudice to his service.

15. His Maiestie may not receade from his former answer.

16. His Maiestie thinkes not fit to give any further answer to this Proposition then he hath done already, untill the Pro∣posers make answer to the propositions made and delivered unto them in the behalfe of his Maiesties protestant subiects and their adherents. And then upon further debate his Maiestie will give such answer as shall be thought fit.

17. It may not be admitted that tryals by the knowne lawes of the land assented unto by the former answer should not be indifferent, And therefore his Maiestie may not receade from his former answer:

The said Lord Marquesse of Ormond now declares, that al∣beit these answers are thus given by him in present to the said propositions, yet that he intends not to be thereby concluded from altering the same or adding thereunto in any parts there∣of in such sorte as he shall finde cause upon further debate.