No. XXXV. The Preamble to and Conditions of the fecret Treaty of the Confederates concluded with the Earl of Glamorgan on the 25th of August, 1645-6. upon; (P. 153.) WHEREAS much time has been spent in meetings and debates, between his Excellency James Lord Marquis of Ormonde, lord lieutenant and general governor of his majesty's kingdom of Ireland, commiffioner to the king's moft excellent majesty Charles, by the grace of God, king of Great Britain, France, and Ireland, &c. for the treating and concluding of a peace in the faid kingdom with his majesty's humble and loyal fubjects, the confederate and Roman Catholics of the faid kingdom of Ireland, of the one part, and the Right Honourable Donogh Lord Viscount Muskerry, and others, commiffioners deputed and authorised by the faid confederate Roman Catholic fubjects of the other part: and thereupon many difficulties did arife, by occafion whereof fundry matters of weight and confequence, neceffarily requifite to be condefcended unto by his majesty's faid commiffioner for the fafety of the faid confederate Roman Catholics, were not hitherto agreed which retarded, and doth as yet retard, the conclufion of a firm peace and fettlement in the faid kingdom: and whereas the Right Honourable Edward Earl of Glamorgan is intrusted and authorised by his most excellent majesty, to grant and affure to the said confederate Catholic fubjects further grace and favours, which the faid lord lieutenant did not as yet in that latitude, as they expected, grant unto them; and the faid earl having seriously confidered of all means and due circumftances of the great affairs now in agitation, which is the peace and quiet of the faid kingdom, and the importance thereof in order to his majesty's fervice, and in relation to a peace and fettlement in his other kingdoms; and here, upon the place, having feen the ardent defire of the faid Catholics to affift his majefty against all, that do or fhall oppose his royal right or monarchic government, and having difcerned the alacrity and chearfulness of the faid Catholics to embrace honourable conditions of peace, which may preserve their religion and other just interests: in pursuance therefore of his majefty's authority under his highnefs's fignature royal and fignet, bearing date at Oxon, the 12th of March, in the twentieth year of his majesty's reign, granted unto the faid Earl of Glamorgan; the tenour whereof is as followeth, viz. Charles R. &c. [ut fupra.] By By this treaty it was accorded and agreed between the faid Earl of Glamorgan for and on behalf of his majefty, his heirs and fucceffors on the one part, and Richard Lord Viscount Mountgarret, lord prefident of the supreme council of the confederate Catholics, Donogh Lord Viscount Muskerry, &c. commiffioners appointed by the faid confederate Roman Catholics, on the other part: 1ft. That all the profeffors of the Roman Catholic religion in Ireland shall enjoy the free and public use and exercise of their religion. 2d. That they fhall hold and enjoy all the churches by them enjoyed within that kingdom, or by them poffeffed at any time fince the 23d of October, 1641, and all other churches in the faid kingdom, other than fuch, as are now actually enjoyed by his majesty's Proteftant fubjects. 3d. That all Roman Catholics fhall be exempted from the jurisdiction of the Proteftant clergy; and that the Roman Catholic clergy fhall not be punished or molested for the exercise of their jurisdiction over their respective Catholic flock. 4th. That the following act fhall be paffed in the next parliament to be holden in Ireland. [Here is inferted the form of an act for fecuring all the king's conceffions to the Catholics.] 5th. That the Marquis of Ormonde, or any others, fhall not difturb the profeffors of the Roman Catholic religion in poffeffion of the articles above Specified. 6th. The Earl of Glamorgan engages his majesty's word for the performance of thofe articles. 7th. That the public faith of the kingdom fhall be engaged unto the faid earl by the commiffioners of the confederate Catholics, for fending ten thoufand men by order and public declaration of the general affembly at Kilkenney, armed, the one half with muskets, and the other half with pikes, to serve his majefty in England, Wales, or Scotland, under the command of the faid Earl of Glamorgan, as lord general of the faid army; which army is to be kept together in one intire body; and all other the officers and commanders of the faid army are to be named by the fupreme council of the faid confederate Catholics, or by fuch others, as the general affembly of the faid confederate Catholics of Ireland fhall intruft therewith. The Irish commiffioners engaged their word and faith of the fupreme council of Kilkenny, that two thirds of the clergy's revenue should be employed for for the space of three years towards the maintenance of the ten thousand men, the other third being reserved for the clergy's fubfiftence. There was likewife an explanation of the article, concerning the clergylivings; upon which the following inftrument was made: "Whereas in these articles touching the clergy-livings, the Right Honour "able the Earl of Glamorgan is obliged in his majesty's behalf to fecure the "conceffions in thefe articles by act of parliament: We holding that manner "of fecuring thofe grants, as to the clergy-livings, to prove more difficult " and prejudicial to his majesty than by doing thereof, and securing those "conceffions otherwife, as to the faid livings, the faid earl undertaking "and promifing in behalf of his majesty, his heirs and fucceffors, as hereby “he doth undertake to fettle the faid conceffions, and fecure them to the "clergy and their respective fucceffors, in another fecure way, other than by parliament at prefent, till a fit opportunity be offered for fecuring the "fame, do agree and condefcend thereunto. And this inftrument by his lordship figned was, before the perfecting thereof, intended to that purpofe, as to the faid livings, to which purpose, we have mutually figned this "endorsement. And it is further intended, that the Catholic Clergy shall "not be interrupted by parliament, or otherwife, as to the faid livings, contrary to the meaning of thefe articles." 66 The earl added alfo the following protestation or oath: "I Edward; Earl "of Glamorgan, do proteft and fwear, faithfully to acquaint the king's most "excellent majefty, with the proceedings of this kingdom, in order to his "fervice, and to the endearment of this nation, and punctual performance of "what I have (as authorized by his majesty) obliged myfelf to fee performed; and, in default, not to permit the army intrusted to my charge to adven"ture itself, or any confiderable part thereof, until these conditions from his "majefty and by his majefty be performed. GLAMORGAN." But the general affembly at Kilkenny, being apprehenfive, that the execution of this treaty of peace might meet with oppofition from a Protestant Lord Lieutenant, made the following order, on the 28th of August, 1645, viz. “The General Affembly order and declare, that their union and oath of affociation fhall remain firm and inviolable, and in full ftrength, in all points, and to all purposes, untill the articles of the intended peace fhall be ratified in parliament, notwithstanding any proclamation of the peace, &c. No. XXXVI. Letter from the MARQUIS of ORMOND to the EARL of GLAMORGAN. MY LORD, (Page 153.) I RECEIVE your gratulation and advices for my future fecurity, as evident teftimonys of your continued favour to mee, and am much joyed to finde, that the accidents fallen out concerning your lordship have not left any impreffion on you to the prejudice of the real affection you give me leave to bear you. My lord, I had, according to my promife, given you a large accoumpt of things here, but that at the concluding of the articles wee found ourselves foe ftreightned in time, that many material partes of the agreement were faine to bee put in another way, than was first thought of; and at this inftant I am foe preffed with important dispatches from Kilkenny, that I fhall bee able but fhortly and confufedly to give you a returne to the main parte of your lordfhip's of the third of this month, which came to my hands yesterday about noone. Touching the noble and large offer you are pleased to make of shipping, armes, ammunition, and traine of artillery for the king's fervice, in cafe you may receive affurances from those in power among the confederates and from me, that ten thousand men shall be ready against your returne to be transported to serve the king in England, I returne your lordship this anfwer, that I fhall and by this letter doe cheerefully oblige myself for as much as fhall be in my power, either in my publick or private capacity, to have that number of men in readiness you expect; and to compofe it, am contented all the remainder of fortune fhould ftand engaged. If your lordship can promy cure as much as this from the other party, I conceive you will proceed in your intended voiage with fatisfaction, and returne I hope with fucceffe, which is earnestly wished by Your lordship's 3 L. HERBERT, No. XXXVII. (Page 154.) YOUR's of the firft of December has given me a juft reafon for your abfence: but certainlie I have jufter caufe to requyre your attendance; for it is well known, how that you ar to give me account of matters, not onlie for my owen particular use, but lykewais for the good of the kingdome. Wherefor I requyre you repaire hither with all convenient diligence; and the reather, that you may the better fynde out the authors of thofe lying and feandlous pamflets concerning your father and you; touching which I not onlie promise you protection to your innocencie, but justice against those offenders; affeuring you lykewise, that I shall be so myndful of you, that, if I live, you shall neither be a loofer in, nor repent you the fervices you have done me. And fo I reft Whythall, the 11th of December, 1641. Your affeured friend, for, CHARLES R. herein the paper, that I could not fynde, when ye was last HERBERT, YOUR fervices ar expreffed to me in fo noble a way, that I cannot but acknowled it to you under my owen hand, and that I shall thinke myfelfe very unhappie, if I did not live, by reall teftimonies, to exprefs my gratitud to you. For the blankes, I have fent them according to your defyre and for your fifter Carnarvan, though I cannot punctuallie anfwer your expectation therein, yet I hope you will be fatisfied with the anfwer you will receive by your coufin Sir John Biron; to whom referring mymyself for manie things I have not tyme to write, I rest Royston, 6th March, 1641. Your most affeured frend, HERBERT, I INTRUSTED your coufin Biron with the particular anfwers to your letter; referving only to myfelfe to affeur you, that I |