ARticles of Ceſſation of Arms, agreed, and concluded on at Siggingstown, in the county of Kildare, the Fifteenth day of Sept. in the Nineteenth yeer of His Majeſties Raign, by and between James Marques of Ormond, Lieutenant Generall of His Majeſties Army in the kingdom of Ireland, for & in the Name of our Gracious Soveraign Lord CHARLES, by the Grace of God, King of Great Britain, France, and Ireland, &c. By vertue of His Majeſties Commiſſion bearing date at Dublin, the laſt of Auguſt,3 in the ſaid Nineteenth yeer of His Majeſties Raign, of the one part; And Donogh Viſcount Muskerry, Sir Lucas Dillon Knight, Nicholas Plunket Eſquire, Sir Robert Talbot Baronet, Sir Richard Barnwell Baronet, Torlogh O Neale, Geoffrey Brown, Ever Mac Gennis, and John Walſh Eſquires; Authoriſed by His Maj•ſties Romane Catholique Subjects, of whoſe party they are, and now in Arms in the ſaid Kingdom, &c. to Treat and Conclude with the ſaid Marqueſſe for a Ceſſation of Arms, by vertue of an Authority given unto them, bearing date at Caſhell the Seventh day of September, in the ſaid Nineteenth yeer of His Majeſties Raign, of the other part.
FIrſt, It is concluded and accorded, that there be a Ceſſation of Arms, and of all Acts of Hoſtility, between His Majeſties ſaid Romane Catholique Subjects, who are now in Arms, &c. in this Kingdom, and their party, and all others His Majeſties good Subjects, for one whole yeer, to begin the Fifteenth day of September, Anno Dom. 1643. at the hour of Twelve of the clock of the ſaid day.
Item, It is concluded and accorded, That free Paſſage, Intercourſe, Commerce, and Traſſique, during the ſaid Coſſation, ſhall be between His Majeſties ſaid Romane Catholique Subjects, who are now in Arms, &c. and their party, and all other His Majeſties good Subjects, and all others in League with His Majeſty by Sea and Land.
Item, It is concluded and accorded, and the ſaid Viſcount Muſkerry, and the reſt of the above named Perſons, do promiſe and undertake, for and in the behalf of thoſe for whom they are Authoriſed to Treat and Conclude as aforeſaid; That all Ships, Barques, and Veſſells, which ſhall bring Proviſions to any Harbour in this Kingdom, in the hands or poſſeſſion of ſuch as ſhall obey the Articles of this Ceſſation, from Minehead and Whitehaven, and from all the Ports between, on that ſide where Wales is ſcituate, ſo as they be Ships belonging to any of the ſaid Ports, and do not uſe any Acts of Hoſtility to any of the ſaid Romane Catholiques, who are now in Arms, or to any of their party, or to any who ſhall be waged, or imployed unto or by them, ſhall not be interrupted by any of their party, nor by any Ships or other Veſsells, of what Country or Nation ſoever under their power or command, or waged, imployed, or contracted with on their behalfe, or by any Forts, Garriſons, or Forces, within this Kingdome under their power, in their coming to this Kingdom, or returning from thence.
Item. It is concluded and accorded, and the ſaid Lord Viſcount Muskery, and the reſt of the above named parties do promiſe and undertake4 for and in the behalfe of thoſe for whom they are authorized as aforeſaid, that all Ships, Barques, and Veſsells, which ſhall bring Proviſions to any harbour in this Kingdome, in the hands of ſuch as ſhall obey the Articles of this Ceſſation from any Ports in the kingdom of England, having his Majeſties paſſe, or the paſſe of any who is, or ſhalbe his Majeſties Admirall or Vice-admirall, or the paſſe of any Governor or Governors of any the Ports in England, in his Majeſties hands, or which ſhall hereafter during this Ceſſation, be in His Majeſties hands, or the paſſe of the ſaid Marques, ſhall not be interrupted, by any of thoſe for whom the ſaid Lord Viſcount Muskery, and the reſt of the above named Perſons are Authorized as aforeſaid, neither in their coming to this Kingdome, or in their returne, ſo as they uſe not any acts of hoſtility to any of their ſaid party. And this to be a rule untill his Majeſties pleaſure be further declared therein ▪ upon application of the Agents of the ſaid Roman Catholique Subjects, now in Armes, &c. to his Majeſty.
Item, It is concluded and accorded, and the ſaid Iames Marques of Ormond, doth promiſe and undertake, for and in the Name of His Majeſty, that no interruption ſhall be given by any Ship, or Ships, under His Majeſties power and command, or waged, imployed, or contracted with, by or in the behalfe of his Majeſty or by any of his Majeſties Forts, Garriſons, or Forces, within this Kingdome, to any Ship, or Ships, that ſhall trade with any of the ſaid Roman Catholiques who are now in Arms, &c or any of their party; or which ſhall come in, or go out of any the Cities, Townes, Harbours, Creeks, or Ports, of this Kingdome, in the hands of the ſaid Roman Catholiques now in Arms, &c. with Arms, Ammunition, Merchandize, Commodity, or any thing whatſoever, during this Ceſſation: as on the other ſide, the ſaid Donnogh Viſcount Muskery, and the reſt above named of that party, do promiſe and undertake, for and in the behalfe of thoſe by whom they are Authorized, that no interruption ſhall be given by any Ship, or other Veſſell whatſoever, under the power and command of their party, or waged, imployed, or contracted with, by or in the behalfe of their party, or by any Forts, Garriſons, or Forces, within this Kingdome, in their power, to any Ship, or Ships, that ſhall trade with any of his Majeſties Subjects, obeying this Ceſſation, or which ſhall come in, or go out of any of the Cities, Townes, Harbours, or Ports of this Kingdome, which ſhall obey this Ceſſation, with Arms, Ammunition, Merchandize, Commodity, or any other thing whatſoever during this Ceſſation. Provided that no Ship, or Ships, ſhall be admitted free Trade, by colour of this Article, but ſuch as are warranted5 by the precedent Articles.
Item. It is concluded and accorded, that the quarters in the Province of Leinſter be as followeth, viz. That the County of Dublin, the County of the City of Dublin, the County of the Town of Droghedagh, and the County of Lowth, ſhall remaine and be during the Ceſsation, in the poſseſsion of his Majeſties Proteſtant Subjects, and of ſuch as adhere unto them reſpectively, ſaving and excepting unto the ſaid Roman Catholique Subjects, now in Armes, &c. and their party, all ſuch Caſtles, Townes, Lands, Territories, and the Lands and hereditaments thereunto belonging, which upon the ſaid fifteenth day of September, 1643. at the hour aforeſaid are poſſeſſed in the ſaid counties, or any of them, by any of the ſaid party. And it is further concluded and accorded, that as much of the county of Meath, as in the Eaſt and South ſide of the river of Boyne, from Droghedagh to Trym, thence to the lordſhip of Moylagh, & thence to Moyglare, and thence to Dublin, ſhall during the ſaid Ceſſation remain and be in the poſſeſſion of His Majeſties Proteſtant Subjects, and of ſuch as adhere unto them reſpectively, ſaving & excepting to the ſaid Roman Catholique Subjects now in Armes, and their party, all ſuch Caſtles, Townes, Lands, and Territories, and the Lands, hereditaments thereunto belonging, which upon the ſaid fifteenth day of Sept. 1643. at the hour aforeſaid are poſſeſſed by any of the ſaid Roman Catholique Subjects now in Armes, &c. and of their party, within the ſaid limits, and boundaries, and that the Reſidue of the ſaid County of Meath ſhall remain in the hands and poſſeſſions of the ſaid Roman Catholique ſubjects now in armes, &c. and their party, except the Caſtles, Towns, Lands, Territories, and the Lands and hereditaments thereunto belonging, which upon the ſaid fifteenth day of Septem. 1643. at the hour aforeſaid are poſſeſſed within the ſaid laſt mentioned quarters in the County of Meath by his Majeſties Proteſtant Subjects, and ſuch as adhere unto them, or by any of them reſpectively. And that ſo much of the county of Kildare, as is on this ſide of the Liffy where Naas is ſcituate, and on the other ſide of the Liffy from Dublin weſtward into the County of Kildare, ſo far as the Rye water at Kilcock, and ſo far betwixt that and the Liffye, as ſhall be at the ſame diſtance from Dublin, as the ſaid Rye water is at Kilcock on that ſide of the Liffye; ſhall during the ſaid Ceſſation, remaine and be in the hands and poſſeſſions of his Majeſties Proteſtant Subjects and their adherents reſpectively, except ſuch Caſtles, Townes, Territories, and the Lands and hereditaments thereunto belonging, which upon the ſaid fifteenth day of September, 1643. at the houre aforeſaid are poſſeſſed within the6 ſaid quarters by the ſaid Roman Catholique Subjects who are now in Armes, &c. and their party, and that the reſidue of the ſaid County of Kildare, ſhall remaine in the hands of the ſaid Roman Catholique Subjects now in Armes, &c. and their party, except ſuch Caſtles, Townes, Lands, Territories, and the Lands and Hereditaments thereunto belonging, which upon the ſaid fifteenth day of September, 1643. at the houre aforeſaid are poſſeſſed by his Majeſties Proteſtant ſubjects and their adherents reſpectively, within the ſaid laſt mentioned quarters in the ſaid County of Kildare. And that the ſeverall Countyes of Wiglow, weſt Meath, Kings County, Queens County, Catherlagh, Kilkenny, County of the City of Kilkenny, Weixford, and Longford, ſhall during the ſaid Ceſſation remaine in the hands of the ſaid Roman Catholique Subjects now in Armes, &c. and their party, except ſuch Caſtles, Townes, Lands, Territories, and the Lands and hereditaments thereunto belonging which upon the ſaid fifteenth day of September, 1643. at the houre aforeſaid, are poſſeſsed within the ſaid County, by His Majeſties Proteſtant Subjects, and their adherents reſpectively.
Item, It is concluded and accorded, that what Corne, hath been ſowen by any of his Majeſties Army, or by any of his Proteſtant ſubjects, or their adherents, or by any of them, within any of the quarters alotted in the Province of Leinſter, to the ſaid other party, the ſame ſhall be enjoyed by the ſowers and manurers paying, for the ſame as they did agree, and in caſe they did not agree paying the fourth ſheafe unto ſuch Garriſon within whoſe quarters the ſame ſhall fall. And that in caſe any of the ſaid Roman Catholique Subjects, now in Armes, &c. or any of their party have ſowne Corne within any the quarters alotted in the Province of Leinſter, to the ſaid other party, the ſame ſhall be enjoyed by the ſowers and manurers, paying for the ſame as they did agree, & in caſe they did not agree paying the fourth ſheafe unto ſuch Garriſons, within whoſe quarters the ſame ſhall fall. And it is likewiſe concluded and accorded, that thoſe places which have been protected, by the Lords Iuſtices, or any Officer of His Majeſties Army, doe pay according to the agreement which was made, and if no agreement were made, to pay the fourth Sheafe, to thoſe Gariſons or perſons who protected them, in whoſe ſoever quarters they are; And this to continue for a rule, other then as to ſo many of thoſe Garriſons, who granted ſuch protection, and are ſince regained by the ſaid party, or ſome of them, for whome the ſaid Dounogh Viſcount Muskery, and the perſons abovenamed are Authorized as aforeſaid. And that the Tenants7 of the Town of Baniboght in the County of Dublin, if they haue not been protected, ſhall pay according to agreement, and if no agreement made, then the fourth ſheafe, and to continue their poſſeſſions during this Ceſsation. And it is further concluded and accorded, that where his Majeſty, or any of his Proteſtant Subjects, or their adherents ſhall happen to have any Garriſon or Garriſons within the quarters ſet forth in the next precedent Article, for the ſaid other party, that ſuch Garriſon and Garriſons, ſhall have ſuch competency of the Lands aſwell profitable as unprofitable, now termed waſt, as ſhall be found neceſsary for them by any indifferent Commiſſioners, to be appointed for that purpoſe.
Item. It is concluded and accorded, that the quarters, in the Province of Munſter be as followeth, viz. That the County of the City of Corck, and ſo much of the County of Corcke, as is within the ſubſequent Garriſons, viz. From Youghall to Mogeely, thence to Formoye, thence to Michellstowne, thence to Liscarroll, and ſo in a line from Michellstowne, and Liſcarroll northward, as farre as His Majeſties our Garriſons on that ſide doe entend; and from Liſcarroll, to Mallow, thence to Corcke, thence to Carrig-Croghan, thence to Rochfordstowne, thence to Bandonbridge, thence to Timmoleagie, and thence forward to the Sea, together with the ſaid Garriſons, ſhall during the ſaid Ceſſation remaine; and be in the poſſeſſion of his Majeſties Proteſtant Subjects and of ſuch as adhere unto them: Saving and excepting to the ſaid Roman Catholique Subjects now in Arms, &c. and their party, all ſuch Caſtles, Townes, Lands, Territories; and the Lands and hereditaments thereunto belonging, which on the ſaid fifteenth day of September. 1643. at the houre aforeſaid are poſſeſſed in the ſaid Counties, or any of them, by any of the ſaid Roman Catholique Subjects now in Arms, &c. and their party. And that the reſidue of the ſaid County of Corcke, ſhall likewiſe remaine to the ſaid party laſt named, ſaving and excepting to His Majeſties Proteſtant Subjects, and their adherents, all ſuch Caſtles, Townes, Lands, Territoryes, and the Lands, and hereditaments thereunto belonging, which on the ſaid fifteenth day of September, 1643. at the houre aforeſaid, are poſſeſſed in the laſt mentioned quarters by them, or any of them. And that the County of Tipperary, the County of Limerick, the County of the City of Limericke, the County of Kerry, the County of Waterford, the County of the City of Waterford, and the County of Clare, ſhall during the ſaid Ceſſation remaine and be in the poſſeſſion of the ſaid Roman Catholique Subjects now in Armes, &c. and their party. Except Knockmorne, Ardmore, Piltowne, Cappoquïn, Ballinetra,8 Stroncally, Lismore, Balliduffe, Lisfinny, and Tallowe, all ſcituate in the County of Waterford, or as many of them as are poſſeſſed by His MAIESTIES Proteſtant Subjects, and their adhaerents, the ſaid fifteenth day of September, 1643. at the houre aforeſaid, and likewiſe except all ſuch Caſtles, Townes, Lands, Territories, and Hereditaments thereunto belonging, as within the ſaid Countyes reſpectively, on the ſaid fifteenth day of September 1643. at the houre aforeſaid are poſſeſſed by any of His Majeſties Proteſtant Subjects, or ſuch as adheaere unto that party reſpectively, in the ſaid County of Waterford, and the reſt of the laſt mentioned Countyes. And it is concluded and accorded, that the like rule for Corne ſowen, and what ſhall be payed by places protected, and for the laying out waſts for the reſpective Garriſons, ſhalbe obſerved in the Province of Munster, as it is ſet downe for Leinster.
Item. It is concluded and accorded, that the quarters in the Province of Vlſter, be as followeth: viz. That ſuch Countyes, Baronyes, Lands, Tenements, and hereditaments in the Province of Vlſter, which the ſaid fifteenth of September, 1643. at the hour aforeſaid, are poſſeſſed by any of his Majeſties Proteſtant Subjects, or any that adhaere unto them, and all Places protected by any Commander during Authority from his Majeſty, ſhall during the ſaid Ceſſation remaine entirely in the hands and in the poſſeſſion of his Majeſties Proteſtant Subjects, and ſuch as adhaere unto them, excepting ſuch Caſtles, Lands, and hereditaments, as on the fifteenth day of September, 1643. at the houre aforeſaid, are poſſeſſed by the ſaid Roman Catholique Subjects now in Arms, &c. or their party. And that all ſuch Countyes, Baronyes, Lands, Tenements, and hereditaments, in the ſaid Province, which on the ſaid fifteenth of September, 1643. at the houre aforeſaid, are poſſeſſed by the ſaid Roman Catholique Subjects now in Armes, &c. and their party, ſhall remaine intirely during this Ceſſation in the hands and Poſſeſſion of the ſaid Roman Catholique Subjects now in Armes &c. and their party, ſaving and excepting thereout all places protected by any Commander, deriving Authority from his Majeſty, and likewiſe excepting thereout all ſuch Territories, Caſtles, Towns, Lands, Tenements, and hereditaments, which on the ſaid fifteenth day of September 1643. at the houre aforeſaid are poſſeſsed by any of his Majeſtyes Proteſtant Subjects, or ſuch as adhaere unto them. And it is concluded and accorded, that the like rule for Corne ſowne, and what ſhall be payed for protected places; and for the laying down of waſts for the reſpective Gariſons, ſhall be obſerved in the Province of Vlſter, as is ſet downe for Leinſter.
7Item. It is concluded and accorded, that the quarters in the Province of Connaght, be as followeth, viz. that the County of Galway, the County of the town of Galway, the Counties of Mayo, Roſcomon, Sligo, and Letrym, in the Province of Connaght, and all ſuch caſtles, lands, tenements and hereditaments in the ſaid Province which the ſaid fifteenth day of September, 1643. at the houre aforeſaid are poſſeſſed by the ſaid Roman Catholick ſubjects, now in armes, &c, and their party, ſhall during the ſaid ceſſation remain entirely in the poſſeſſion of the ſaid Roman Catholick ſubjects, now in arms and their party, excepting all ſuch Territories, caſtles, lands, tenements and hereditaments within the ſaid ſeveral Counties which upon the ſaid 15. of September 1643. at the houre aforeſaid, are poſſeſſed by any of his Majeſties Forces, or by their party, or by any of them, and that thoſe who after taking protection of any of his Majeſties Forces, or any of that party, or from any Governours, deriving Authority from his Majeſty there, have joyned themſelves to the ſaid Roman Catholick ſubjects now in armes, &c. and their party, ſhall pay no contribution unto ſuch who protected them. But in regard there may be a rule different touching perſons that may be ſaid to doe this, and conſequently touching the Contributions payable by them. It is concluded and accorded that ſuch diſputes and queſtions, if any ſhall ariſe, be determined by Commiſſioners indifferently choſen on each ſide, and it is concluded and accorded, that the like rule for ſowers and manurers of corne within the quarters of each other, ſhall be obſerved in the Province of Connaght, as is ſet downe for Leinſter.
Item. It is concluded and accorded, and the ſaid Marqueſſe of Ormond; for and in the name of his Majeſty doth promiſe and undertake, that no interruption ſhall be given unto any of the ſaid Roman Catholick ſubjects now in Armes, &c. or their party, in any of the ſaid Counties, quarters, or places by the ſaid precedent Articles unto them or any of them limited as aforeſaid, during this Ceſſation; like as the ſaid Donnogh Viſcount Muskery, and the reſt of the above named perſons who are authorized, as aforeſaid, do promiſe and undertake, that no interruption ſhal be given unto any of his Majeſties Forces, Proteſtant ſubjects, or ſuch as adhere unto them, within any of the ſaid Counties, qu••••rs or places, by the preced•nt Articles limited unto them, as aforeſaid, during the ſaid Ceſſation.
Item. It is concluded and accorded, that no Officer of the Armie, or Souldier of eithe•ſide, ſhall be admitted without licence from the Commander in chiefe of the Army on both ſides, or of the Commander of the next chiefe Garriſons reſpectively to paſſe or repaire into any gariſon on either ſide, ſave that it be lawfull for either party to8 furniſh any gariſon in their power during the Ceſſation, with victuals, cloth, amunition or other neceſſaries by licence, as aforeſaid, which is not to be denied upon demand.
Item. It is concluded and accorded, that if any Army or Forces in this Kingdom raiſed by his Majeſties authority, or any part thereof, or any other his Majeſties ſubjects ſhall not yeeld obedience to the Articles of this Ceſſation, but ſhal publickly ſtand in oppoſition thereunto; that the ſaid Roman Catholick ſubjects now in Armes, &c. and their party may perſecute ſuch: and the ſaid Iames Marqueſſe of Ormonde doth promiſe and undertake that ſuch who ſhall ſo ſtand in oppoſition, ſhall not be aſſiſted, protected, or defended againſt the ſaid Roman Catholick Subjects now in armes, &c. or their party, by his Majeſty or any of his forces. And yet nevertheleſſe the ſame ſhall not be underſtood to be any breach of ceſſation, as to other parts of the kingdome, which ſhall conforme and yeeld thereunto. And whereas the aſſiſtance of his Majeſties forces is deſired by the ſaid Roman Catholick ſubjects now in armes, &c. againſt ſuch as ſhall oppoſe the Articles of this ceſſation and will not yeeld obedience thereunto, or interrupt the trade and traffick, albeit that it is not to be ſuppoſed that there will be any ſuch, the ſaid Iames Marqueſſe of Ormonde doth further promiſe and undertake, that their ſaid requeſt ſhall be made known to his Majeſty, and upon ſignification of his pleaſure the ſame ſhall be obeyed.
Item, It is concluded and accorded, that if in other caſes it be pretended on either ſide that the Ceſſation is violated, that yet no Act of Hoſtility is immediately to follow; but firſt the party complaining is to acquaint the Lord Generall, Lieutenant Generall, or other chiefe Commander of either ſide in that Province, in which the ſaid Ceſſation is pretended to be violated therewith, and to allow fourteene dayes after notice given, for reparation or ſatisfaction, and in caſe reparation or ſatisfaction be not given or tendred, then fourteen dayes notice to be given before Hoſtility begin.
Item. It is concluded and accorded, that all Priſoners and hoſtages of both ſides in all parts of the Kingdome, excepting ſuch of them as are indicted of any Capitall offence, ſhall de mutually releaſed and ſet at liberty, within ſeven dayes after publication of the ſaid Ceſſation. And the ſaid Marqueſſe of Ormonde, doth further promiſe and undertake; that ſuch priſoners who indicted of any capitall offence, ſhall be ſet at liberty upon Baile, untill his Majeſties further pleaſure be knowne therein. Provided nevertheleſſe that if any party of his Majeſties Army in any other Province of the Kingdom, ſhall not within ten dayes after publication of theſe Articles, yeeld obedience9 thereunto; that the ſame ſhall be no breach of ceſſation, but that his Majeſty be firſt made acquainted with ſuch diſobedience, & his direction expected therein: & that all other perſons that do reſide with either party, and all women and children ſhall be permitted within ſeven dayes after publiſhing of this ceſſation, or when they pleaſe, with their goods and chattels, to depart to what place they pleaſe, with a ſafe conduct or convoy if they deſire it.
Item. It is concluded and accorded, that the ſaid Roman Catholick Subjects, now in armes, &c. and their party, may at any time during the ceſſation ſend ſuch Agents to his Majeſty as they ſhall think fit: and that the ſaid Agents ſhall have ſafe conduct in writing from the chiefe Governour or Governours of this Kingdome for the time being, upon demand.
Item. It is concluded and accorded, and the ſaid Marqueſſe of Ormond, doth promiſe and undertake for and in the name of his Majeſty, that all and every of the precedent Articles, which have bin agreed unto, and undertaken by the ſaid Marqueſſe, for and in the behalfe of his Majeſty, ſhall be faithfully, truly, and inviolably obſerved, fulfilled and kept. And the ſaid Viſcount Muskery, Sir Lucas Dillon, Knight, Nicholas Plunket, Eſq Sir Robert Talbot, Baronet, Sir Richard Barnewell, Torlogh ô Oncale, Evea Mach Gennis, Geffry Browne, and Iohn Walſh, Eſq For and in the behalfe of the ſaid Roman Catholick ſubjects, now in armes, &c. and their party do promiſe and undertake, that all and every of the precedent Articles, which have agreed unto and undertaken by them, for and in the behalfe of their party, ſhall be faithfull, truly, & inviolably obſerved, fulfilled, & kept.
Laſtly. It is concluded and accorded, that all poſſeſſions, and likewiſe all goods and chattels, that ſhall be found in Specie, taken by either party, after the houre of twelve aforeſaid, and before publication of this Ceſſation, ſhall be reſtored to the owners, and after publication, all poſſeſſion and goods that ſhall be taken, to be reſtored to the owners upon demand, or dammages for the ſame.
In witneſſe whereof the ſaid Marqueſſe to the party of the ſaid Articles remaining with the ſaid Viſcount Muskery and the reſt of the above named perſons, hath put his hand and Seale. And the ſaid Viſcount Muskery, Sir Lucas Dillon, Knight, Nicholas Plunket, Eſq Sir Robert Talbat, Baronet, Sir Richard Barnewell, Baronet, Torlogh ô Neale, Geffry Browne, ever Mac-Gennis, and Iohn Walſh, Eſquires. To that part of the Articles remaining with the ſaid Marqueſſe Ormonde, have put their hands and ſeales, the day and yeare, firſt above written.