Severall papers of the treatie between His Excellencie Iames Marques of Ormond, Lord Lieutenant Generall of Ireland for the King, on the one part; and Sir Thomas Wharton, Sir Robert King, Sir John Clotworthy, Sir Robert Meredith, knights, and Richard Salwey Esquire, commissioners authorized by the two Houses of Parliament of England; on the other part.: VVith the commissioners instructions concerning the Lord of Ormond; the instructions concerning the Protestants of Ireland, & compositions of delinquents: His Excellencies answer; and the Lord Lieutenants reply. With their reply to all his exceptions. And the Kings Maj. directions.

19. Novemb. 1646.

Vpon consideration had of your 3. paper of the 18. of Novem. as also of your former papers, and the copies of such instructions, as you delivered un∣to us, we find no satisfaction given by you in these following particulars.

First, we do not find that you have power to secure any of his Maj. Ro∣man Catholike Subjects in their persons and estates, who haue constantly ad∣hered to the Government here, since the 22. of October, 1641 of whom wee conceive care out to be had in the present treaty.

Secondly, you have declared unto us, that you have no instruction concer∣ning

the continuation or displacing of the Judges, and Ministers of the Ci∣vill List in their imployment and your instruction as unto the Martiall List (whereof you gave us a Copy) is as followeth, viz. You or any three of you are to imploy such of the Officers now under the L••of Ormond, as you shall think fit, and where you displace any, you are to place other Officers, if they be necessarie, or otherwise to see their Commands sufficiently di••charged, untill the Lord Lieutenant of Ireland taketh further order; which may give more occasion of fear unto the Officers of being displaced, then hope of continuance in their respective imployments, and there is not as much as mention made of the poore distressed Clergie of the Kingdome in any the papers or instructions delivered to you by us.

Thirdly, the Protesta••ts of the Kingdom, who are to be included in the present treatie, are, as you declare in the last paper delivered by you to us, to submit themselves to all Ordinances of Parl. whether already made, or to be made; Amongst which (as we are intormed) are some which require the Covenant to be generally taken, and others which lay Mu••cts upon those, who shall use the Book of Common-prayer, which forme of Service, and no other, is by a Law of force in this Kingdome, commanded upon a penaltie to be used; And in our instructions sent by our Commissioners, we desire that neither the one nor the other might be pressed untill settlement by Parliament.

And for us to agree upon this treatie to all future ordinances which shal be made by the Parliament, before it be known what those ordinances are, we conceive may be of dangerous consequence to the whole Kingdom, and not agreeable with the rules of prudence in us.

Fourthly, whereas by a speciall instruction signed by us apart, we did di∣rect our said Commissioners, as followeth, viz. If you find the Parl. ready & willing forthwith effectually to take into their care and protection his Maj. Protestant Subjects within the quarters under my command, and those that have adhered to them from the 22. of October, 1641. according to the purport of the instructions signed by me and the Councell, and that my continuance in the Government, shal be the only let thereunto, you are then in such case to let them know, that I will surrender my place of Lieutenant and deliver all the Holds in my power to such as the Parliament shall ap∣point upon these conditions.

First, that they procure his Maj. directions for the doing therof, &c. which was the first and fundamentall condition of all that was propounded by us upon this Overture, which was to be Precedent, and without which, no∣thing as unto the delivery up of the Government was to be expected from us.

Upon consideration of all which, and of the Oath taken by us, upon our first entrance into this great trust reposed in us, the tenour whereof doth ensue in these words, viz.

You shall swear, that you shall faithfully and truly to your power serve our Soveraign Lord the Kings Majestie, in the roome and authority of Lord Lieutenant, and chiefe Governour of this his Realm of Ireland, you shall maintain and defend the Lawes of God and the Christian Faith, You shall to your power, not only keep his Maj. peace amongst his People, but also maintain his Officers and Ministers in the execution and administration of Justice, You shall defend his Maj. Castles, Garrisons, Dominions People, & Subjects of this Realm, and represse his Rebels and Enemies, You shall not consent to the damage, and disher••zon of his Maj. his Heires nor Successors neither shall you suffer the right of the Crown to be destroyed by any way, but shall let it to your power, and if you cannot let the same; You shal certifie his Maj. cleerly and expresly thereof, You shall give your true and faithfull for the Kings Majesties profit, and his Highnesse councel? You shal conceal and keep, All other things for the preservation of his Maj. Realm of Ireland, the peace amongst his People, and execu••ion of his Justice, accor∣ding to his Maj: Lawes, Usages and Customes of this his Highnesse Realm, you shall performe, and do to your power: So God you helpe, and by the Contents of this Book.

And for that our Commissioners have by their Letters certified us, that they were commanded by the Committee of both houses to forbeare the delivering unto the Scottish Commissioners the duplicate of the Letters, which we and the Councel had written to his Maj. and delivered to our Commissioners, advertising his Maj. thereby of our addresse to the Parlia∣ment, with direction to deliver them to the Scottish Commissioners, to be sent to the King▪ untill the pleasure of the two houses should bee made known; which restraint, doth as yet for any thing made known unto us, lye still upon them.

And for that if we should deliver up the Sword in manner as is desired, the present Parl. of this Kingdom (which is the hope of the remaining Prote∣stants here) would be at an end; for all which reasons, we may not part with the trust committed to our charge, in manner as by your papers is desired, without his Majesties expresse and positive direction, and therefore may not assent thereunto.

Ormord.