Billeder på siden
PDF
ePub

that no Sheriff or other Officer, do execute any such Writ, Process, Summons, or Precept; and that no record, writing, or memory, do remain of any offence or offences, released or forgiven, or mentioned to be forgiven by this Act; and that all other clauses usually inserted in Acts of general pardon or oblivion, enlarging His Majestie's Grace and Mercy, not herein particularized, be inserted and comprised in the said Act when the Bill shall be drawn up with the exceptions already expressed and none other, provided always that the said Act of Oblivion shall not extend to any treason, felony, or other offence or offences which shall be committed or done from or after the date of these Articles, until the first day of the beforementioned next Parliament, to be held in this Kingdom; provided also, that any Act or Acts, which shall be done by vertue, pretence, or in pursuance of these Articles of Peace agreed upon, or any Act or Acts, which shall be done by vertue, colour, or pretence of the power, or authority used, or exercised by and amongst the Confederate Roman Catholicks after the date of the said Articles, and before the said publication, shall not be accounted, taken, or construed, or to be treason, felony, or other offence to be excepted out of the said Act of Oblivion; provided likewise that the said Act of Oblivion shall not extend unto any person or persons that will not obey and submit unto the peace concluded and agreed on by these Articles; provided further that the said Act of Oblivion, or any thing in this Article contained, shall not hinder or interrupt the said Thomas Lord Viscount Dillon, &c. or any seven or more of them, to call to account, and proceed against the Council and Congregation, and the respective Supream Councils, Commissioners General, appointed hitherto from time to time, by the Confederate Catholicks to manage their affairs, or any other personor persons accomptable to an accompt, for their respective receipts and disbursments, since the beginning of their respective imployments under the said Confederate Catholicks, or to acquit or release any arrears of Excises, Customs, or Public Taxes, to be accounted for, since the 23d of October, 1641, and not disposed of hitherto, to the public use, but that the parties therein concerned may be called to an account for the same as aforesaid, by the said Thomas Lord Viscount Dillon, &c. or any seven or more of them, the said Act, or any thing therein contained to the contrary notwithstanding.

"XIX. Item. It is further concluded, accorded and agreed upon, by and between the said Parties, and His Majesty is graciously pleased, that an Act be passed in the next Parliament, prohibiting that neither the Lord Deputy, or other Chief Governor or Governors, Lord Chancellor, Lord High Treasurer, Vice-Treasurer, Chancellor, any of the Barons of the Exchequer, Privy-Council, or Judges of the Four Courts, be Farmers of his Majestie's Customs within this Kingdom.

XX. Item. It is likewise concluded, accorded and agreed, and his Majesty is graciously pleased, that an Act of Parliament pass in this Kingdom against Monopolies, such as was enacted in England, 21 Jacobi Regis, with a further clause of repealing of all grants of monopolies in this Kingdom, and that Commissioners be agreed upon by the said Lord Lieutenant, and the said Thomas Lord Viscount Dillon, &c. or any seven or more of them, to set down the rates for the Custom and Imposition to be laid on Aquavitæ, Wine, Oile, Yurn and Tobacco.

"XXI. Item. It is concluded, accorded and agreed, and His Majesty is graciously pleased, that such persons as shall be agreed on by the said Lord Lieutenant, and the said Thomas Lord Viscount Dillon, &c. or any seven or more of them, shall be (as soon as may be) authorized by Commission under the Great Seal, to regulate the Court of Castle Chamber, and such causes as shall be brought into, and censured in the said Court.

"XXII. Item. It is concluded, accorded, and agreed upon, and His Majesty is graciously pleased, that two Acts lately passed in this Kingdom, one prohibiting the Plowing with Horses by the Tail, and the other prohibiting the burning of Oats in the Straw, be repealed.

XXIII. Item. It is further concluded, accorded, and agreed upon, by and between the said Parties, and His Majesty is further graciously pleased, for as much as upon application of Agents from this Kingdom unto His Majesty in the fourth year of his Reign, and lately upon humble suit made unto His Majesty, by a Committee of both Houses of Parliament of this Kingdom, order was given by His Majesty, for redress of several grievances, and for so many of those as are not expressed in the Articles, whereof both Houses in the next ensuing Parliament, shall desire the benefit of His Majestie's said former directions for redress therein, that the same be afforded them, yet so, as for prevention of inconveniencies to His Majestie's Service, that the warning mentioned in the the 24th Article of the Graces in the fourth year of his Majestie's Reign be so understood, that the warning being left at the persons dwelling houses be held sufficient warning, and as to the 22d Article of the said Graces, the Process hitherto used in the Court of Wards do still continue, as hitherto it hath done in that, and hath been used in other English Courts, but the Court of Wards being compounded for, so much of the aforesaid answer as concerns warning and process shall be omitted.

"XXIV. Item. It is further concluded, accorded and agreed upon, by and between the said Parties, and His Majesty is further graciously pleased, that Maratime Causes may be determined in this Kingdom, without driving of Merchants or others

to appeal and seek justice elsewhere; and if it shall fall out that there be cause of an appeal, the party grieved is to appeal to His Majesty in the Chancery of Ireland, and the sentence thereupon to be given by the Delegates, to be definitive and not to be questioned upon any further appeal, except it be in the Parliament of this Kingdom, if the Parliament shall then be sitting, otherwise not; this to be by Act of Parliament: and until the said Parliament, the Admirality and Maratime causes shall be ordered, and settled by the said Lord Lieutenant, or other Chief Governor or Governors of this Kingdom for the time being, by and with the advice and consent of the said Thomas Lord Viscount Dillon, &c. or any seven or more of them.

"XXV. Item. It is further concluded, accorded and agreed upon, by and between the said Parties, and his Majesty is graciously pleased, that his Majestie's Subjects of this Kingdom be eased of all Rents and increase of Rents lately raised on the Commission of defective Titles in the Earl of Strafford's Government, this to be by Act of Parliament; and that in the meantime the said Rents or increase of Rents shall not be written for, by any Process, or the payment thereof in any sort procured.

"XXVI. Ilem. It is further concluded, accorded and agreed upon, by and between the said Parties, and His Majesty is further graciously pleased, that by Act to be passed in the next Parliament, all the arrears of Interest Mony, which did accrue and grow due by way of debt, mortgage or otherwise, and yet not satisfied since the 23d. October, 1641, until the perfection of these Articles, shall be fully forgiven and be released, and that for and during the space of three years next ensuing, no more shall be taken for use or interest of mony than five pounds per centum. And in cases of Equity arising through disability, occasioned by the distempers of the times, the considerations of Equity to be alike unto both parties; but as for mortgages contracted betwen His Majestie's Roman Catholick Subjects, and others of that Party, where entry hath been made by the mortgagers against Law, and the condition of their mortgages, and detained wrongfully by them without giving any satisfaction to the mortgagees, or where any such mortgagers have made profit of the Lands mortgaged above country charges, yet answer no rent, or other consideration to the mortgagees, the parties grieved respectively, to be left for relief to a course of equity therein.

"XXVII. Item. It is further concluded, accorded and agreed upon, and his Majesty is further graciously pleased, that immediately upon perfection of these Articles, the said Thomas Lord Viscount Dillon, &c. shall be authorised by the said Lord Lieutenant to proceed in, hear, determine and execute in and throughout this Kingdom the ensuing particulars, and all the

matters thereupon depending, and that such authority, and other the authorities hereafter mentioned shall remain of force without revocation, alteration or diminution, until Acts of Parliament be passed, according to the purport and intent of these Articles, and that in case of death, miscarriage, disability to serve, by reason of sickness or otherwise, of any the said Thomas Lord Viscount Dillon, &c. His Majestie's Lord Lieutenant, or other Chief Governour or Governours of this Kingdom for the time being, shall name and authorize another in the place of such as shall be so dead, or shall miscarry himself, or be so disabled, and that the same shall be such person as shall be allowed of by the said Thomas Lord Viscount Dillon, &c. or any seven or more of them then living. And that the said Thomas Lord Viscount Dillon, &c. or any seven or more of them shall have power to applot, raise, and levy means with indifferency and equality by way of Excise, or otherwise, upon all His Majestie's Subjects within the said Kingdom, their persons, estates and goods, towards the main. tenance of such Army or Armies, as shall be thought fit to continue, and be in pay for his Majestie's Service, the defence of the Kingdom, and other the necessary publick charges thereof, and towards the maintenance of the Forts, Castles, Garrisons and Towns of both, or either party, other than such of the said Forts, Garrisons, and Castles, as from time to time, until there shall be a settlement in Parliament shall be thought fit, by His Majestie's Chief Governour or Governours of this Kingdom for the time being, by and with the advice and consent of the said Thomas Lord Viscount Dillon, &c. or any seven or more of them, not to be maintained at the charge of the publick, provided that His Majestie's Lord Lieutenant, or other Chief Governour or Governours of this Kingdom for the time being, be first made acquainted with such Taxes, Levies, and Excises as shall be made, and the manner of levying thereof, and that he approve the same; and that to the end that such of the Protestant party as shall submit to the peace, may in the several counties where any of their estates lieth, have equality and indifferency in the assessments and levies that shall concern their estates in the said several counties.

"It is concluded, accorded and agreed upon, and His Majesty is graciously pleased, that in the directions which shall issue to any such county, for the applotting, subdividing, and levying of the said publick assessments, some of the said Protestant party shall be joyned with others of the Roman Catholick party to that purpose, and for effecting that service; and the said Thomas Lord Viscount Dillon, &c. or any seven or more of them shall have power to levy the arrears of all excises, and other publick taxes imposed by the Confederate Roman Catholicks, and yet unpaid, and to all receivers and other accomptants of all former taxes, and all publick dues, to a just and strict account either by themselves, or by such as they or any seven or more of them shall name or appoint; and

that the said Lord Lieutenant, or any other Chief Governour or Governours of this Kingdom for the time being, shall from time to time issue Commissions to such person and persons as shall be named and appointed by the said Thomas Lord Viscount Dillon, &c. or any seven or more of them, for letting, setting, and improving the estates of all such person or persons as shall adhere to any party opposing His Majesties authority, and not submitting to the peace, and that the profits of such estates shall be converted by the said Lord Lieutenant, or other Chief Governour or Governours of this Kingdom for the time being, to the maintenance of the King's Army, and other necessary charges, until settlement by Parliament; and that the said Thomas Lord Viscount Dillon, &c. or any seven or more of them, shall have power to applot, raise, and levy means with indifferency and equality, for the buying of Arms and Ammunition, and for the entertaining of Frigats, in such proportion as shall be thought fit by His Majestie's Lord Lieutenant, or other Chief Governours of this Kingdom for the time. being, by and with the advice and consent of the said Thomas Lord Viscount Dillon, &c. or any seven or more of them, the said Arms and Ammunition to be laid up in such Magazines, and under the charge of such persons as shall be agreed on by the said Lord Lieutenant, and the said Thomas Lord Viscount Dillon, &c. or any seven or more, of them and to be disposed of, and the said Frigats to be imployed for His Majestie's service, and the publick use and benefit of this Kingdom of Ireland; and that the said Thomas Lord Viscount Dillon, &c. or any seven or more of them, shall have power to applot, raise and levy means with indifferency and equality, by way of Excise or otherwise, in the several Cities, Corporate Towns, Counties, and part of the Counties, now within the quarters, and only upon the estates of the said Confederate Roman Catholicks, all such sum and sums of money as shall appear to the said Thomas Lord Viscount Dillon, &c. or any seven or more of them, to be really due for and in the discharge of the publick ingagements of the said Confederate Catholicks, incurred or grown due before the conclusion of these Articles; and that the said Thomas Lord Viscount Dillon, &c. or any seven or more of them, shall be authorized to appoint receivers, collectors, and all other officers, for such monies as shall be as-. sessed, taxed or applotted, in pursuance of the authorities mentioned in this Article, and for the arrears of all former applotments, taxes, and other publick dues yet unpaid; and that the said Thomas Lord Viscount Dillon, &c. or any seven or more of them, in case of refractoriness, or delinquency, may distrain and imprison, and cause such delinquents to be distrained and imprisoned. And the said Thomas Lord Viscount Dillon, &c. or any seven or more of them, make perfect books of all such monies as shall be applotted, raised, or levied, out of which books they are to make several and respective abstracts, to be delivered under their hands, or the hands of any seyen

« ForrigeFortsæt »