faid Perfons fo to be authorized as aforefaid, or any five or more of them fhall have Power to applot, raife, and levy Means, with Indifferency and Equality, by Way of Excifes, or otherwife, in the feveral Cities, Corporate Towns, Counties, and Parts of Counties, now within the Quarters, and upon the Eftates of the faid Confederate Catholicks, all fuch Sum and Sums as fhall appear unto the faid Perfons, to be authorized as aforefaid, or any five or more of them, to be really due, for, and in Difcharge of the publick Engagements of the faid Confederate Catholicks, incurred or grown due before the Conclufion of thefe Articles; and that the faid Perfons to be authorized as aforefaid, or any five or more of them, fhall have Power to applot, raife, and levy means, with Indifferency and Equality, by Way of Excife, or otherwife, in the feveral Cities, Corporate Towns, Counties, and Parts of Counties, now within the Quarters of the faid Confederate Catholicks, as well for the Perfons to be authorized as aforefaid, and alfo for fuch other Perfon and Perfons as fhall be employed in publick Affairs within the feveral Cities, Corporate Towns, Counties, and Parts of Counties within the now Quarters of the faid Confederate Catholicks, from Time to Time, until a Settlement by Parliament; and that the said Persons to be authorized as aforefaid, or any five or more of them, make perfect Books, of all fuch Monies as fhall be applotted, raifed, and levied, out of which Books they are to make feveral and refpective Abstracts, to be delivered under their Hands, or the Hands of any five or more of them, to the feveral and refpective Collectors, who fhall be appointed to levy, and receive the fame; and that a Duplicate of the faid Books, under the Hands of the faid Perfons to be authorized as aforefaid, be delivered unto his Majefty's Lieutenant, or other chief Governor or Governors for the Time being, whereby a perfect Accompt might be given.

XXVI. It is further concluded, accorded, and agreed, by and between the faid Parties, and his Majefty is gracioufly pleafed, That for the Prefervation of the Peace and Tranquillity of the Kingdom, that the faid Lord Lieutenant, and the faid. Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Daniel O Bryen Knight, Sir Lucas Dillon Knight, Nicholas Plunket, Richard Bellings, Philip Mac Hogh Rely, Terlogh O Neale, Thomas Fleming, Patrick Darcy, Gerrald Fennel, and Geffery Brown Efquires,

Efquires, or any five or more of them, fhall for the present agree upon fuch Perfons who are to be authorized by Commiffion under the great Seal, to be Commissioners of the Peace, Oyer and Terminer, and Goal-delivery, in the several Counties, and Parts of Counties, within the now Quarters of the Confederate Catholicks, with fuch Power as Juftices of the Peace, Oyer and Terminer, and Goal-delivery, in former Times of Peace, have ufually had, which is not to extend unto any Crime, or Offence, committed before the 15th of September 1643. and to be qualified with Power to hear and determine all Civil Caufes coming before them, not exceeding ten Pounds: Provided that they fhall not intermeddle with Titles of Lands; Provided likewife the Authority of fuch Commiffioners fhall not extend, to queftion any Perfon or Perfons, for any Cattle or Goods, heretofore taken by either Party from the other, contrary to the Articles of Ceffations, but that the fame fhall be left to be determined in fuch Way, as by these Articles is already prescribed; which Commiffioners are to continue till Settlement by Parliament, Si tam diu fe bene gefferint. And if any who fhall be fo intrufted, fhall misbehave himfelf in the Execution of fuch Truft, within that Time, that then fuch other Perfon or Perfons fhall be appointed in his or their Place, as fhall be agreed on by his Majesty's chief Governor, or Governors for the Time being, by the Advice and Confent of the faid Perfons fo to be entrusted, or any five or more of them, and the faid Commiffioners are to make their Eftreats as accustomed in Time of Peace, and fhall take the enfuing Oath, viz. You shall fwear that as Juftice of the Peace, Oyer and Terminer, and Goal-delivery, in the Counties of A. B. C. in all Articles of the King's Commiffion to you directed, you shall do Equal Right to the Poor and to the Rich, after your Cunning, Wit, and Power, and after the Laws and Customs of the Realm, and in Purfuance of thefe Articles; and you shall not be of Council of any Quarrel hanging before you. And the Ifues, Fines, and Amerciaments, which shall happen to be made, and all Forfeitures which fall happen before you, you shall cause to be entered without any Concealment, or Imbezzling, and truly fend to the King's Exchequer : You shall not let for Gift, or other Caufe, but well and truly you fall do your Office of Juftice of the Peace, Oyer and Terminer, and Goal-delivery in that Behalf, and that you take nothing for your Office of Justice of the Peace, Oyer and Terminer, and Goal-deli

very to be done, but of the King, and Fees accustomed. And you shall not direct, or caufe to be directed, any Warrant by you to be made to the Parties, but you shall direct them to the Sheriffs, and Bayliffs of the faid Counties reSpectively, or other the King's Officers, or Minifters, or other indifferent Perfons to do Execution thereof. So help you God. And that as well in the faid Commiflion, as in all other Commiffions and Authorities, to be iffued in Purfuance of these prefent Articles, this Claufe fhall be inferted, viz. That all Officers, Civil and Martial, fhall be required to be aiding and affifting, and obedient unto the faid Commiffioners, and other Perfons, to be authorized as abovesaid, in the Execution of their respective Powers.

XXVII. It is further concluded, accorded, and agreed, by and between the faid Parties, and his Majefty is further graciously pleafed, that none of the now Roman Catholick Party fhall from henceforth, until there be a Settlement by Parliament, fue, implead, or arreft, or be fued, impleaded, or arrested in any Court, Place, Judicature, or Tribunal, or before any Judge, Juftice, or Commilfioner whatsoever, other than before the Commiffioners aforefaid, or in the feveral Corporations, or other Judicatures, within the now Quarters of the faid Confederate Catholicks, as hath, or have Power derived from his Majefty.

XXVIII. It is further concluded, accorded, and agreed, by and between the faid Parties, and his Majefty is further graciously pleased, that his Majefty's Confederate Catholick Subjects do continue the Poffeffion of fuch of his Majefty's Cities, Garifons, Towns, Forts, and Castles, which are within their now Quarters, until Settlement by Parliament, and to be commanded, ruled and governed in Chief, by fuch as his Majefty or his chief Governor or Governors of this Kingdom for the Time being fhall appoint; and his Majefty his chief Governor, or Governors of this Kingdom, as aforefaid, is to iffue Commiffions, and appoint fuch Perfon or Perfons, as fhall be named by his Majefty's chief Governor, or Governors for the Time being, by and with the Advice and Confent of the faid Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Daniel O Bryen, Sir Lucas Dillon, Nicholas Plunket, Richard Bellings, Philip Mac Hugh Ó Rely, Terlagh O Neale, Thomas Fleming, Patrick Darcy, Gerrald Fennel, and Geffery Brown Efquires, or any five VOL. III. Ꭰ

or

or more of them, for the Execution of fuch Command, Rule or Government, to continue until all the Particulars in these present Articles agreed on to pafs in Parliament, fhall be accordingly paffed: only in cafe of Death, or Misbehaviour, fuch other Perfon or Perfons to be appointed for the faid Command, Rule, and Government, to be named and appointed in the Place, or Places, of him, or them, who fhall fo die or misbehave themfelves, as the chief Governor or Governors, for the Time being, by the Advice and Confent of the faid Lord Viscount Mountgarret, and the reft of the above-mentioned Partiès, to be authorized as aforefaid, or any five or more of them, fhall think fit, and to be continued until Settlement in Parliament, as aforefaid.

XXIX. It is further concluded, accorded, and agreed, by and between the faid Parties, and his Majefty is further graciously pleafed, that all Cuftoms belonging to his Majefty, which from the Perfection of thefe prefent Articles fhall fall due within this Kingdom, fhall be paid into his Majesty's Receipt, and to his Ufe, any Requeft, Claufe, or Demand, in the A&t of Oblivion, or in any other former Propofitions to the contrary notwithstanding. Provided, that all and every Perfon or Perfons, who are at the prefent intrufted within the now Quarters of the Confederate Catholicks, by them the faid Confederate Catholicks in the Entries, Receipts, Collections, or otherwife concerning the faid Cuftoms, do continue their refpective Imployments in the fame, until full Settlement in Parliament; other than as to fuch, and fo many of them, as to the chief Governor or Governors, for the Time being, by the Advice and Confent of the faid Lord Viscount Mountgarret, and the other Perfons to be authorized as aforefaid, or any five or more of them fhall be thought fit to be altered; and then, and in fuch Cafe, or in Cafe of Death, or Misbehaviour, or other Alteration, of any fuch Perfon or Perfons, fuch other Perfon or Perfons to be employed as fhall be thought fit, by the chief Governor or Governors for the Time being, by and with the Advice and Confent of the faid Lord Viscount Mountgarret, and the reft of the Perfons to be authorized as aforefaid, or any five or more of them. And as to his Majefty's Rents to grow due, at Eafter next, and from thenceforth, the fame to be payable unto his Majefty, notwithstanding a

ny

ny Thing contained in the Article of the Act of Oblivion, or in any other Article to the contrary, but the fame not to be written for, or levyed, until a full Settlement in Parliament as aforefaid.

XXX. It is further concluded, accorded, and agreed, by and between the faid Parties, and his Majefty is further graciously pleased, that the Commiffioners of Oyer and Terminer, and Goal-Delivery, to be named as aforefaid, fhall have Power to hear and determine all Murders, Manflaughters, Rapes, Stealths, Burning of Houfes, and Corn in Reeke, or Stacks, Robberies, Burglaries, forcible Entries, Detainers of Poffeffions, and other Offences, committed or done, and to be committed and done from the 15th Day of September, 1643. until the first Day of the next Parliament. Thefe prefent Articles, or any thing therein contained to the contrary notwithstanding. Provided that the Authority of the faid Commiffioners fhall not extend to question any Perfon, or Perfons, for doing or commiting any Act whatfoever before the Conclufion of this Treaty, by Virtue or Colour of any Warrant or Direction from thofe in publick Authority among the Confederate Catholicks; nor unto any Act which fhall be done after the perfecting and concluding of thefe Articles, by Virtue or Pretence of any Authotity, which is now by thefe Articles agreed on. Provided alfo the faid Commiffion fhall not continue longer than to the first Day of the next Parliament. In witness whereof his Exrellency the Marquefs of Ormond, Lord Lieutenant of Ireland, his Majefty's Commiffioner, to that part of these Articles remaining with the faid Richard Lord Viscount Mountgarret, Donogh Lord Vifcount Muskery, Sir Robert Talbot Baronet; Dermot O Bryen, Patrick Darcy, Geffery Brown, and John Dillon Efquires; and the faid Richard Lord Viscount Mountgarret, Donogh Lord Viscount Muskery, Sir Robert Talbot Baronet, Dermot 0 Bryen, Patrick Darcy, Geffery Brown, and John Dillon Efquires; to that Part of thefe Articles remaining with the faid Lord Lieutenant, have put their Hands and Seals at Dublin, this 28 Day of July, 1646. and in the two and twentieth Year of the Reign of our Sovereign King Charles, King of Great Britain, France and Ireland, &c.