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.

Some of the reasons which moved His Maiesties most humble and loyall Subiects the Confederate Roman Catholicks of Ireland to present certaine Proposi∣tions to His Excellencie the Lord Marques of Or∣mond, Lord Lieutenant of Ireland, His Maiesties Commissioner.

THe first Proposition that concerneth the freedome of the Catholicke Religion, and the repeale of all Lawes made against the professors of that Religion, is a de∣maund, not in favour of any innovation, but for that Reli∣gion which the Inhabitants of this Kingdome anciently, and like wise the English Colonies come at first into this Land, and their heires for many descents have professed, and doe pro∣fesse at the present, and which before the raigne of King Hen∣ry the VIII. was professed by the Kings of England, and their subiects generally. And it may be further added, and confi∣dently affirmed, that there are no subiects in the world of what other beleefe or profession soever in Religion, that held themselves so inviolably tyed to the preservation of that mo∣narchy, to whom they owe subjection, and allegeance, as the professors of the said Roman Catholicke Religion.

This proposition consisteth of two branches, the first for the repeale of certaine acts, the second that the freedome of their Religion may bee allowed to the said Catholickes. For the cleering of the first branch, the said Catholickes doe not presse the totall repeale of the said statutes, their humble request be∣ing, that the great penalties, pressures, incapacities, and other unavoidable inconveniences by the said statutes imposed on

them alone, may be removed as to them by act of Parliament. By one statute found among the Records of Parliament of this kingdome in the second yeare of the raigne of the late Queene Elizabeth cap. 1. & 2. the said Catholickes are made subiect to the arbitrary power of an high Commission Court, or other Commissioners to be appointed by his Maiesty, or the Lord Deputie for the time being, & may be questioned, & punished for all offences touching Religion. Irish statutes fol. 261. like∣wise fol. 270. and 271. the Archbishops, Bishops, and Ordina∣ries of another Religion have heavily punished, and may still punish the said Catholickes for Marriages, Christenings done according to the Catholicke Religion, and every Catholicke was driven to pay nine pence every Sunday for not repayring to Church, to the great impoverishment and destruction of the said Catholickes, and no profit at all to his Maiesty.

By the said statute, fol. 261. and 262. not onely the Catho∣licke Clergie, are excluded from all dignities & benefices Ec∣clesiasticall, but likewise the Catholicke Laytie of all degrees and qualities, are rendred incapable of all Civill offices, from the highest judge to the petty Cōstable, & likewise from Mar∣riall offices or imployments, even to be a common Souldier in his Maiesties army, where any fee or wages are due, without first taking the oath of supremacie; & upon refusall of the said oath all dignities, offices, or wages are forfeyted.

No Catholicke can sue Livery or Ouster le maine for his estate or any part thereof out of his Maiesties hands without taking the said oath by the same statute of 2 Elizab. cap. 1 fol. 265. a. If any Catholicke of what estate, degree, or qualitie soever with∣in this kingdome doe by writing, printing, teaching, prea∣ching, expresse words, deede or act, affirme, hold, stand with, set forth, and maintayne any other authority, preheminence, power, or iurisdiction in matters Ecclesiasticall or Spirituall, then the person so offending his abbettors, ayders, promovers, and counsellers, shall for the first offence, forfeyte their goods and Leases, and suffer imprisonment for one yeare, for the se∣cond offence incurre the paines and forfeytures set downe by the statutes of Provision and Praemunire whereby the offender is

put out of the Kings protection, imprisoned during his life, and his goods and lands forfeyted: For the third offence the offender is punishable as in case of high Treason.

Then by consequence if any of the Catholicke Laytie take or procure a dispensation for mariage within the eight degree, or any other licence or dispēsation from any authorised by the See of Rome, is a principall offender, and if he heares the Masse or Sermon of any deriving power from thence, and keep him in his house, he is punishable as an ayder and abbettor within the words of the statute, he knowing that whereof he cannot be ignorant by the rules of his profession.

As for the second branch of the said proposition let any man iudge, whether it be reason sufficient of it selfe, that the professors of the Roman Catholicke Religion both spirituall and temporall, being to a few the Natives and residents of this kingdome should desire a freedome of their Religion, and to be freed and exempted from the penalties, and pressures afore∣said, whereby his Maiesty never received any advantage, and have beene the occasion of many inconveniences in the king∣dome.

And it is evident that by this freedome all his Maiesties good subiects aswell Protestants as Catholickes will bee uni∣ted more then ever before, when their condition is equall, and neyther partie have occasion to envy or oppresse the other.

It will not be unworthy of consideration, that in reason of state (the constitution of his Maiesties three kingdomes as now they stand being duely weighed) that this freedome, and exemption is most necessarie for his Maiesties service and safetie.

2. It is of the essence of Parliaments to be free, the con∣trary was practised here; The composition of this Parlia∣ment is desired to be of men estated and interested in the king∣dome, of genuyne and right members, and to bee returned from proper places, and by right ministers.

The suspension of the act for this free Parliament cannot preiudice his Maiesty, for that nothing is to passe as an act be∣fore transmission, other then what shall bee agreed upon

and expresly mentioned in the Articles of peace.

3. It is conceived this pretended Parliament was deter∣mined by the death of the Lord Deputy VVandesford, most of the estated and right members thereof did not appeare in it since the 7. of August 1641. those who now appeare as mem∣bers thereof viz. of the Commons-house, are for a great part not much interessed and other wholy uninteressed there∣in, and one order therein made to exclude the said Catholicks from the house, other orders to their disadvantage were and or might have beene made in the said Commons-house. There∣fore it is desired that all the proceedings of the said pretended Parliament may be declared voyde and taken of the file.

4. When those indictments were found & outlawries pro∣mulged, the said Catholickes are informed, and hope to iustifie that those who governed in this kingdome, or some of them, did plot and practise the totall extirpation of the said Catho∣licks, & asmuch as in them lay did encrease the troubles to that end, and shute up the gates of his Maiesties mercie against the said catholickes, even against those who were undeniably in∣nocent, as may appeare by many instances; the manner of ap∣pointing of Sheriffes, who returned the Iurors, & the persons appointed, the Iurors condition & affection, the infinite num∣bers of the persons indicted & outlawed, being never called to answer, & other circumstances touching or depending of the said Records, being so generally destructive to the said Catho∣licks they cannot otherwise choose then to insist on the taking them of from the file, that no such markes of infamy may re∣mayne of Record, against them whose ancestors for the space of foure hundred yeares and upwards, faithfully served the Crowne.

5. This proposition is so just and equall in it selfe, that there needeth not any reason or proofe to be urged for it.

6. This proposition being yeelded into by the answer, except the late Plantations in the County of VVicklow and Iduogh in the county of Kilkenny, and excepting the encrease of Rents is referred to what shall bee urged upon the fixt an∣swer.

7. In all or most Letters-patents granted of Plantation Lands, and some other lands in this kingdome since the ma∣king of the said statutes, certaine clauses and conditions were inserted in them, that no land should be sold or past to any of the meere Irish or of the Irish Nation, as the cōdition is in some Patents, these clauses doe & did nourish division and distincti∣on between his Maiesties subiects, the like was never used in England, nor in any other kingdome. They extend not only to the old Irish, but likewise by construction to the old English, for he that is borne in Ireland, though his parents and all his ancestors were Aliens, nay if his parents were Indians or Turks if converted to Christianitie is an Irish-man as fully, as if his ancestors were here borne for thousands of yeares, and by the Lawes of England as capable of the liberties of a subiect, Such markes of distinction being the insteps to trouble and warre are incompatible with peace and quiet.

8. The said Roman Catholickes being rendred incapa∣ble of any command or trust by the statutes aforesaid, may be relieved herein upon removall of the impediments mentio∣ned in the reasons for the first proposition, and particular in∣stances shewed for the present, yet such were the Character, layed upon them here, and the representations made of them from hence heretofore into England, that they apprehend they suffer thereby in his Majesties opinion of them, which they conceive an impediment and stop to many graces and favours they expect and hope to merite from his Majestie.

In all ages past before the said statutes their ancestors were preferred to places of eminence and trust within their Native countries, and since very seldome, three presidents since can hardly be instanced.

The condition of Roman Catholickes in Ireland, where there are an hundred Catholickes to one of any other Religi∣on differs much from that of England or Scotland, where there is scarce one Catholicke to a thousand of the protestant religion.

In all the Nations of Christendome the Natives of the place are advanced before others.

9. The Court of Wards was begun here a bout the foure∣teenth

yeare of King Iames, and never before: It hath not the warrant of any Law or statute; In England it was erected by act of Parliament.

The subject is extreamely oppressed thereby by the multi∣tude of informations against all freeholders from the highest to the lowest without any limitation of time, the frequent Courts of Escheaters & Feodaries, the destruction of the Tenures of mesnes Lords by making many Tenures to be In Capite against Law; by the sale of the wards from hand to hand, as of Horses in a Market, by the want of Provision for portions of younger children, whereby they perish or take ill courses; debts remaine unsatisfied, and though by the statute of Merton cap. 5. Vsurie doth not runne upon Infants, yet the Collaterall security ey∣ther of men or Land mortgaged are not relieved by that sta∣tute.

The King never received one shilling advantage by this Court ultra reprisas, for twenty shillings damage done thereby to his people, the vast fortunes of the officers and ministers of the said Court, how suddainely raysed on the ruynes of ma∣ny others his Majesties subjects. And let all the wards since the erection of the Court be numbred, for one that gayned civili∣tie or breeding during their minority, many will be found to have departed the said Court with ignorance, losse or impay∣ring of their estates and other great inconveniences.

No diminution of his Majesties profit is desired, the perso∣nall service upon all occasions shall be performed. The extin∣ction of this Court and of the Tenures in capite or by Knights service is humbly desired to be taken away, and a course for his Majesties profit and service and preservation of Heires and Orphans, and satisfaction of Creditors shall be then humbly proposed.

The respit and issues of homage being of no considerable advantage to the Crowne, and an intolerable yoke to the sub∣ject, is likewise desired to be taken off, and a way of equall benefit to his Majesty shall be proposed.

10. The great number of these Lords uninteressed in the kingdome, their ends in seeking for those honours, and the

late introduction of the example being considered; it may be easily judged how unequall or unjust it is that the votes of men of no estate and never resident in the kingdome if not for designe, should impose a charge wherein they contribute nothing, or put Lawes, by which they are not bound them∣selves.

11. The independencie of the Parliament of Ireland of the Parliament of England is so cleere and manifest by Law, Iustice, usage, and necessitie, that they humbly desire it may not bee driven into dispute, yet in as much as the Royall assent wrested from his Majestie to the acts of subscription may draw a preiudice or discountenance upon our Parlia∣ment, a declaration herein and act of Parliament is desired.

12. This proposition is in it selfe so reasonable, and the re∣straint layed on the Councell-Table from taking cognizance of matters determinable in the Kings ordinarie courts of Iu∣stice by the Common Law▪ the great Charter thirty times confirmed by Parliament, and sundry other acts of Parliament of force in this Kingdome, is so manifest and cleere, that there is no need of further reasoning or proofe for the same; there∣fore it is consonant to Law & Iustice, that the partyes aggree∣ved, should bee restored to what they lost, and left in statu quo, &c. as is desired, and that no matter determinable in the ordinarie Courts may bee determined at the Councell-table.

13. This proposition being for free trade and commerce so necessarie for advancement of his Maiesties service and pro∣fit and so indifferently inducing to the weale of his people, it is conceived, that all who are interessed in the Kingdome, ought to contribute their endeavours for the attaining of what is thereby humbly desired.

14. The place of chiefe governour of this Kingdome being of so great honour and high trust, and therfore to be conferred upon such as studie his Maiesties service, and the prosperitie of the Kingdome without regard to particular interest; this li∣mitation will keepe the chiefe governor warie from offending any subiect, or descending so low as to give occasion, even of speech, that his actions are unwarrantable, or his purchases ac∣quired

by oppression, men are to bee chosen for this place, that have no need to purchase.

15. The malice and power of the malignant partie in Eng∣land and Scotland, and of their adherents abroad, and threat∣ned danger of in vasion to bee made by them, and the invitati∣on thereunto of many in this Kingdome, who are knowne to have studied and plotted the ruine of this Kingdome, are mo∣tives sufficient for the granting of the contents of this proposi∣tion, and that the Kingdome be alwayes in posture of defence of it selfe, and all the well affected subiects thereof.

16. The passing of an act of oblivion to quiet and secure the mindes of all his Maiesties subiects in a case so generall, wherein the most of his Maiesties subiects one way or other are involved, is so necessary, and so pursuing the presidents, and examples, not onely of England and Ireland, but also of other States and Kingdomes, that without the passing thereof some Imbers of mischiefe may still remaine, which may (though God forbid) turne unto great flammes, witnesse the Barons warres, the warres of Yorke and Lancaster, these present troubles of England, and Scotland, and other examples, even in this Kingdome. And it there be any possibilitie to relieve all particulars, when the generall concernment is in question.

17. Honour, Iustice, equitie, and reason of State doe pleade for this proposition.

Wee desire notwithstanding those reasons to bee admitted to shew such further and other reasons, and adde hereunto what wee shall thinke fit touching the matters, wherein the answers are short, or not satisfactorie.