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A38489 The second part of the svrvey of the articles of the late reiected peace wherein the invaliditie and nvllitie of the said peace is proved, I. by the revocation of the Marques of Ormands commission before any peace was legally concluded &c., 2. by the defect by Walt Enos ... Enos, Walter. 1646 (1646) Wing E3130; ESTC R3649 90,779 124

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esteeming any Machiuilian policie which herein they might forsee but being caried away with the firme allegiance they ought theire King and fervent desire they had to aduance his seruice by universall and unanimous vote condescended to the Marques his request and gaue him with all in mony to assist his maiestie in that expedition 3000-pounds The monyes were receiued by the marques as then was bruited the Catholike confederats provided on theire parts but neither then nor after would the marques of Ormond euer goe into the field either with his owne forces aparr or ioynd with ours against the Scots nay if we may give credit to the probable coniectures and strong presumptions of many his Excellencie had some influence and concurrance in the invasion made by the Scots into Conaught and other parts of Ireland and it was observed that upon such inuasions and other defections of the Enemie his Excellencie endeauoured to draw our people to this uniust peace obiecting unto us how could we resist so many Enemies wherein he had enough of mercenaries in our owne bosome who plaid the advocates for him see more § 5. 16. It is also observable that our Councell and Committees had notice of the forsaid letter dated 16. Februarie 1644. the next Iuly following yet did they neither publish it nor make use therof in the treatie of peace by causing the marques to ioyne with them against the Scots or Inchequin according to his Maiesties direction either aftet the peace was concluded or before during the continuance of the Cessation see aboue in the first part and in the Marques his answere to our 7. and 8. proposition where euery impartiall iudgment may discouer how farre the Marques was from giueing obedience to his Maiesties directions in this particular and what merueile is it he fauour affect and cherish those who Were then used as instruments to persecute the Catholikes and now lately called upon by the Marques himselfe to assist the hereticks of Dublin The king as yow may see by this letter was glad to giue us a remuneration for condescending to a Cessation being then necessitated but our Committees would take noe notice therof they euermore cast the necessite on our selves and in lieu of accepting graces from his Maiestie they wasted the monyes of the kingdome on the subiect 17. Our distressed soueraigne by his missive of the 16. of April 1646. advertised the Marques of Ormond that he receiued very good securitie that he and all that did or should adhere unto him should be safe in theire persons honour and Consciences in the Scotish Army an that they would reallie and effectuallie ioyne with his Majestie for his preservation and employ theire armies and forces to assist him with whose assistance and with the conjunction of the forces under the Marques of Montrosse in Scotland he would indeavour to procure an honorable and speedie peace in England which resolution he praied the Marques of Ormond to communicat to his Councell and his loyall subiects with him Among these loyall subiects it pleased the Marques of Ormond to register Major General Monro unto whom by his letters dated 21 may 1646. he communicated the kings forsaid resolution in this dialect Sir having this morning rereiued a dispach from his Maiestie and command to impart it not onely to his Councell but to all his loyall subiects I am confident yow haue soe good a title to aknowledge thereof as I have held it my part instantlie to dispache it unto yow by an expresse and soe sir wishing yow all happines I rest your assured humble servant Ormond here I observe first that Monro and such other Cou●nantiers who have sworne the oath of Couenant against the king and his Monarchie and made warre these foure yeares past against him are in Ormonds Calender Loyall subiects though in his Maiesties Calender they be notable Rebels and therfore he admonisheth Ormond to ioyne in armes with the Irish against them from whence this sequel may be rightlie deduced to giue the gouernment of the Citties forts c. within our quarters or the Command of our armies unto Ormond is in effect to giue them unto Monro and his fellow Couenantiers 2. I observe that the Marques ioyned with the Scots against us whereas the king commanded him to ioyne with us against them 3. I observe that the Scots in England have beene soe farre from ioyning theire forces with our partie the Marques of Montrosse in Scotland as they haue made him lay downe his armes and render unto them what forts Citties c. he had in his possession noe better securitie or effects may the Confederat Catholikes expect by any conjunction with Ormond if therin he shall haue the chiefe Command or gouernment Other observations I omitt haveing heard before the impression hereof some good newes of Leslyes conjunction with Antrim and of a happie victorie by them obtained against the Parliamentaries God grant it bee true To concurre with the English Parliament to dethrone theire owne naturall soueraigne who hathe beene the greatest hōour that euer Scotland had cōsidering the amplitude of his dominions is a thing soe Vnnaturall as heaven and earth may be astonished at it T were better be subiects to him than slaues to his Rebellious subsects the Parliament dixeruntque omnia ligna ad rhamnum veni impera super nos for the Scots forwarning herein and the incitation of all faithfull subiects to take armes against that rebellious merciles Parliament of England I will presume on the Readers favour to licence me to A difgression wherin the Parliament of England hathe manifested theire impudencie against the Scots and theire horrid treason against theire and our natural liegelord QVEREES TO FIND OVT WHO IT IS THAT HOLDS OVT IN ARMES AGAINST THE STATE OF ENGLAND SEing the King is our prisoner as in the Scottish Army who by contract are our servants and our Army and therefore not to do what they list but what we cōmand them seeing they receive pay from us as meer mercinaries and serve not freely as brethren therefore if our State representative the chosen Commons of England assembled in Parliament shall give Order to the State of Scotland for tht King presently to disband all his Forces in England Ireland or else-where and to deliver up all Townes and Garrisons unto our States hand Quere I say if it be not done thereupon if wee may not conclude that it is the Scots hold up Armes against our State for the King being our Prisoner and in their power our servants hath no power but must do as they will and they will do as they list for him For if they of themselves can prostrate their owne opposite armes of Montrosse and put his name thereto for a cullour as if done by him or inforce him to doe it to cullour their doing why not the same forme upon order from our State aforesaid why oh English States is not this assayd to discover who it
they knew in theire owne soules the king will neuer be able whilst he remaine in his present wofull Condition to grant vs what alreadie he hath commanded to grant vs let nothing be referred to vncertainties but obtaine an actuall execution of these Commands and graces which the king hath alreadie granted vs and which is due vnto vs by our birth right saith the kingdome and that is not don how seuerly the ancient Iurists or Canonists haue censured such kind of Commissioners who vel ex culpa leuissima doe thus neglect or sleight the execution of the Commands giuen and what punishment are to be inflicted on them are expressed in the Canons and schoolemen wherunto we referre the learned Readers 26. Obserue I beseech yow the motiues that induced his Majestie to command the repeale of the penall lawes and suspension of Poynings act the preseruing of his protestant subiects and the kingdome of Ireland from the Scots to encourage his Irish subiects to assist him against the English and Scotish Rebels to represse the rebellion in England and to aduance the kings seruice in Scotland by our friends there The kings Commissioner and ours haue gon the cleere contrarie way to worke and as by Preposterous accelarating this peace they haue giuen a maine impediment to the prosecution of our victories in Vlster and Connaught soe haue they by theire compliance with one an other hindred the succours which the kingdome commanded to be sent for his Majestie by Antrim into Scotland and by Glamorgan into England Note I pray yow the words of the letter of the 27. of februarie for theire the Irish satisfaction I doe therfore command yow to conclude a peace with the Irish what euer it cost A generall command yow see this is which hath noé other modification or restriction than soe as my protestant subiects there may be seoured and my regall authoritie preserued the later part the Irish haue sworne to doe in theire oath of association oath of fidelitie and in theire seuerall protestations and declarations wherunto the doctrine of the Catholike religion which in opposition to all sects maintaineth monarchie and regall authoritie addeth a further obligation The former to witt the securitie of his Maiesties Protestant subiects the Catholike Consederats haue assured in theire seuerall declarations and are readie to giue such further assurance as the law of God and charitie can oblige them to giue in that case adding further that they shal be more secure and safe among the Consederat Catholikes than among the Parliamentarie Rownd-heads who haue spilt most vnnaturallie and barbarously more Protestants blood in England and that causleslie than ouer the Catholikes since these warres haue in theire owne defence spilt in Ireland The Protestants themselues may reade carefullie the Treatie or conference latelie past in Dublin betweene his Excellencie the Marques of Ormond and the fiue Commissioners of the Parliament and glasse theire owne miserie By Protestants we vnderstand such as professe the protestant doctrine established in England an 1562. and comprized in the 39. articles and not any new Parliamentarie Protestants who as they haue demolished the ecclesiasticall hierarchie maintained in the said articles soe haue they as much as in them lay monarchicall gouernment such a brood of vipers which deuoureth both Church and state king and Prelat may not be licenced to cohabit with the Confederat Catholikes Qui enim dicit illis ave Communicat operibus eorum malignis 27. Obserue further that according the forsaid letter the authoritie to cōclude a peace is entirely in the Marques yet hath hi● Excellencie euermore assumed to his assistance and ioynd in a manner in the same authoritie with him those of the priuie Councell in Dublin who for the most part of them are knowne to haue either adheared to the Parliament or to haue beene impeached of high-treason by the kingdome they fearing theire heads would neuer suffer or aduise the Marques to condescend vnto a good peace And if my author who liued in Dublin and was an eye-witnes of what he related vnto me may be belieued those very porsons who were knowne to adhere to the Parliament euen those foure who for that cause were once commi●ted to the Castle by the Marques haue had in the Ins there priuat Conuenticles together with the lord Chancellour lord lowther and Maurice Eustace who I meane the three last after theire priuat consultation there would repaire to the priuie Councell in the Castle where theire aduise as learned in the lawes was followed in promoueing this Peace and theire aduise was instilled according the infusions receiued in the Parliamentarie priuat Conuenticles soe this inference may seeme more than probable whatsoeuer was don in promouing and concluding this peace was not done according the direction and Commands of his Majestie but according the advise and and Councell of Parliamentarie Rebels The effects proue the veritie of this inference 28. To conclude the king holds it not a hard bargaine to grant vs the repeale of the penall lawes and the suspension of Poynings act soe we freely and vigorouslie engage our selues to his assistance noe other condition of secureing his protestant subiects or preseruing his regall authoritie doth herequire of vs for conferring on vs those two graces which I wish those Gentlemen did take notice of who when they were questioned by the Congregation wherfore they laboured not to obtaine the benefitt of the graces by this letter conferred on vs and to cause the fame to be inserted in the articles of peace excused the Marques of Ormond or rather themselues saying that there were other conditions added in the letter which yow see is not consonant to truth for soe much as concernes these parricular graces other more ample graces might be also granted by the Marques vnto vs if we secured the Protestants and preserued regall authoritie for on those more ample conditions the king commanded him to make a peace with the Irish whateuer it cost and aggrauateth the matter more earnestlie in the conclusion of his letter affirming that to gaine our assistance against the Rebels of England and Stolland no conditions can be hard not being against conscience and honour wherein euermore he supposeth the repeale of the penall lawes and suspension of Poynings act to be neither against conscience or honour or against the securitie of his Protestant subiects nay we shall els where demonstrat it that our kings of England are tyed by the ligatures of promise royall past by thire royall progenitors and solemne oath taken at theire Coronation at least indirectlie to repeale the said penall lawes in asmuch as they haue beene surreptitiously enacted in these later dayes of defection against that Catholike faith which our king by the said promise and oath haue beene obliged to defend and maintaine I must not here passe by that the king commāds the repeale or present taking away of the penall lawes without any lymitation or exception the Marques of
preseruing my Protestant Subjects in Ireland by a continuation of the warr haueing moved me to give you these powers and directions which I haue formerly done for the concluding of a Peace there and the same growing daily much more evident that alone were reason enough for me to enlarge your powers and to make my Commands inthe point more positive But besides these considerations it being now manifest that the English Rebels have as farras in them lies given the command of Ireland to the Scots that their aime is at a totall subversion of Religion and Regall power and that nothing lesse will content them or purchase Peace here I think my self bound in Conscience not to let slip the meanes of setling that Kingdom if it may be fully under my obedience nor to lose that assistance which I may have from my Irish Subjects for such scruples as in a lesse pressing condition might reasonably be stuck at by me For their satisfaction I do therefore command you to conclude a Peace with the Irish whatever it cost so that my Protestant Subjects there may be secured and my Regall Authority preserved But for all this you are to make me the best bargaine you can and not discover your inlargement of power till you needs must And though I leave the managing of this great and necessary work entirely to you yet I cannot but tell you that if the suspension of Poynings Act for such Bills as shall be agreed upon between you there and the present taking away of the Penall Lawes against Papists by a Law will do it I shall not think it a hard Bargaine so that freely and vigorously they ingage themselves in my assistance against my Rebels of England and Scotland for which no conditions can be too hard not being against Conscience or Honour 22. Many things are here to be carefullie oberued by the Confederat Catholikes first that this letter or enlargment of the Marques his power was neuer communicated vnto our Councell or Committees though then and after in atctuall treatie with hym for a peace by vertue of a former Commission giuen him by his Maiestie the 24. th of Iune before vntill the same was put into the presse by the Parliament who found the same in his Maiesties Cabinet in the battell of Nasby from the print of London it was sent into France and there sent by accident into Ireland yet the reuocation of the Marques his Commission by the letter of the 11. of Iune aboue mentioned was forthwith and without delay communicated vnto vs by the Marques and soe punctuallie obserued as noe precedent obligation past betweene him and the Confederat Catholikes could induce him to goe forward By which the Confederat Catholikes may with resentment take notice how litle behoulding they haue beene vnto the Marques of Ormond for any graces or fauours shewd them by him though his fauorits haue extolld his imaginarie fauours don the Contry beyond measure 2. Whether the Kingdome haue more cause to conceiue iealousie in this respect against the Marques who as yow may behould in the letter had some Commaunds not to discouer the enlargment of his power till he needs must than against the then supreme Councell who receiuing this letter in Iuly or August 1645. did neuer to this day reueale or publish the same vnto the kingdome whether this was don by them because they were then actuallie concluding a peace in huggar muggar with the Marques and therin resolued to reiect these royall graces of the repeale of the penall lawes and suspension of Poynings act and therfore would not discouer these graces least theire owne remisnes in the cause of God should be likewise discouered or for what other cavse they did it 't were fit to bring into question 3. we are to obserue with what confidence the Marques proceeded with our Committee with whom he doubted not to conclude a peace on more abiect Conditions than the king himselfe did grant vnto them 4. That as Sir William Parsons and the rest of the Rownd-headed priuie Councell of Dublin did suppresse from the Contry the graces sent ouer into the Chtholike Confederats of Ireland the August before the first of these Commotions soe our owne intrusted Catholikes suppressed these other graces granted vnto vs by his Maiestie since these Commotions inimici hominis domestici eius 5. out of all which yow may further obserue the hypocrisie of some great ones in Dublin who to cloake theire disloyall recourse for succours to the Parliamentarie Rebels gaue out that they were forced therunto for theire necessarie defence against the Confederat Catholikes wheras it is is most certaine if the Marques had granted vnto vs what the king commanded him by this letter and not giuen for his owne priuat ends to the kings irrecouerable detriment impediment to the Earle of Glamorgans articles of peace the Catholike Consederats had ioynd with armes and hearts in soe happie a peace and by Gods blessing they had with the hazard of theire liues estates and fortunes together with the aids of forren Catholike Princes and Prelats preuented and preserued his Majestie from the deplorable condition wherin now he is and chased out the of three kingdomes his sworne enemies In a word the Marques and those of Dublin sent vnto the kings Ennemies for succours not to defend themselues as they pretended but to defend theire obstinat disobedience to the kings Commands and their inordinat desires to preserue these pernicions hereticks who are known toside with and sweare for the Parliament wherfor the Confederat Catholikes did discharge theire dutie to God and theire allegiance to theire king in setting vpon such disloyall Refractories wherin they proceeded Like faithfull subjects in a defensiue way endeauouring to maintaine the present grants and graces which theire gratious Soueraigne conferred vpon them and the ancient fundamentall lawes of the kingdome chiefly that of Magna Charta wherin theire religion liberties liues and estates haue beene secured vnto them for defence Wherof millions of noble Catholike subjects in England in former ages haue sacrificed theire liues and fortunes and taken vp armes euen against theire owne soueraignes how much more iustlie might the Confederat Catholikes for defence of the same lawes take vp armes against theire fellow subjects who as they haue rebelled against God by repealing those ancient fundamentall lawes and establishing new destructiue to the Catholike faith soe haue they and still doe rebell against the lords annointed theire liege lord and soueraigne by disobeying his lawfull Commands and attempting the ruin of him and his royall issue But these obseruations on that letter are extrinsecall in the fol. lowing paragraph we will present the Reader with other obseruations that are intrinsecall §. 6. His Majesties Confidence in the sidelitie and assistance of the Confederat Catholikes Parliamentaries iustlie branded by his Majestle for Rebels and theire actions Rebellions 23. Before the forsaid letter of the 27. th of februarie was written and sent
Ormond in his briefe of Concessions from which he shrunke in this peace limitteth this generall Commission vnto the penall lawes onely that concernes the exercise of our religion who is herein imitated by the Marques of Clanrichard or rather by the politike Contriuers of his engagment where a promise is made of a reuocation of any penaltie c imposed on vs for the free exercise of our riligion vnto what wofull dayes are we come when subjects doe presume not only to limitat theire kings commands as they please but also vtterlie to reiect them and by that disobedience to be the occasion of his present disasters and hazard of the losse of his kingdomes 29. By which letter and by these other two aboue mentioned the iudicious Reader may obserue what great confidencie his majestie reposeth in the aid and assistance of the Confederat Catholikes aswell at home as abroade in England and scotland by sea and by land and how earnestlie he presseth a speedie dispatch of the peace to that end Be it on them and theire posteritie that haue hindred the same Glamorgans articles do as yet further confirme aswell the kings confidence in our assistance as our alacritie willingnes and earnest desire to comply therein with his Majestie but the same authors who contemned the commands of his Majestie haue also laid obstacles to the assistance promised to his Majestie vpon the conclusion of Glamorgans peace It shal be euer verified what Iohn Dauies sometimes the kings Attutnie left written to posteritic that the Irish gladlie continue obedient subiects without defection or adhering to any other lord or king c and that there is noe nation or people vnder the sunne that doth loue equall and indifferent iustice better then the Irish and will better rest satisfied of the execution therof c farre different I wisse was the Censure of this well experienced lawyer and of many others whose testimonie for the present I omitt concerning the loyaltie of the Irish from the Censure of the present lord Chancellour of Ireland who hauing receiued in his Chamber in the Ins of Dublin from the Councell-table by the hands of a purseuant a printed booke setting forth the kings resolution to come for this kingdome said God forbid his maiestie should come vnto this kingdome for the Irish would massacre him as soone as any other wherunto his sonne sir Edward Bolton now chiefe Baron answered nay father I am confident if his Maiestie came hither that the Irish would lay downe theire armes at his feete and kisse the ground he went on The father admiring at the sonnes confidence in the fidelitie of the Irish the sonne confirmed his confidence by affirming he would lay his head at the stake if they would not doe it This dialoque past betweene the father and the sonne in the presence of the Lady Bolton Bently the Purseuant and R. S. a Cittizen of Dublin who is my author The sonne here proues the loyaltie of the Irish the father shewes his ingratitude towards the Irish that Nation that charitablie entertained him in his flight from England to shun the Censure of the Castle Chamber there who being raised from the lowest ebbe of fortune by Ireland now floateth in the highest spring of posteritie Qui reddit mala pro bonis non recedet malum a domo eius Such as repined at his Maiesties coming into Ireland repined at his happines and adhered in opinion and affection to the Parliament Histories recount and the present damnable Rebellion of England doth confirme more bloodie warres to haue beene raised in England by the English against theire naturall soueraignes and more horrid violence to haue beene offered to theire persons than euer hath beene raised in Ireland against them or offered by the Irish vnto them wherefore what the Chancellour affirmed of the Irish is more applicable to him and to his ill affected Contrymen wherin all Europe may be produced as witnesses who behould the present calamities wherunto the Rebellions Parliament haue reduced him what here might be more particularized concerning the ill-affected of that nation might be also particularized in the ill affected Scots Who are said to haue imbrued theire hands in the blood of many theire owne naturall Princes-from both I abstaine for the honour I beare vnto England the sister of Ireland and vnto Scotland the daughter of Ireland wishing with all the faculties of my soule the occasion of such recrimination among indeered fellow subjects were neuer giuen or being giuen might be totallie taken away Deus aeternetu scis quoniam falsum testimonium tulerunt contra Hibernos §. 7. The Marques of Ormonds Commission recalled as to somuch hy the Earle of Glamorgans Commission 30. Our Diuines and Canonists doe teach vs that the second mandat or Commission doth not indeed derogat vnto the first vnles it make mention therof yet that sometime the second preuaileth and not the first namely because the second is of a more strict obligation as tending to the publicke vtilitie and Commoditie wheras the first conduced to the priuat onely Ormonds Commission granted by his Majestie is in our case the first being giuen 24. Iunij 1644. Glamorgans is the second being giuen the 12. of March 1644. which was full eight months after In this later Commission mention is made of the first thus we giue you power to treate and conclude with the Confederat Roman Catholikes in our kingdome of Ireland if vpon necessitie any thing be to be condescended vnto wherein our lord lieutenant can not be so well seene as not fitt for vs at the present publickelie to owne c. loe mention made expresselie of the first Commissioner and implicitlie of his Commission and by consequence a reuocation as to so much at least of the Marques his Commission yea his Majestie did by his expresse letters signifie vnto the Marques of Ormond that he gaue vnto the Earle of Glamorgan this second Commission therein expressing the ends and causes wherefore he gaue the same and wherfore he would haue the matters and points committed to Glamorgans trust exempted from all other matters comprehended in the Marques of Ormonds Commission and these matters concerned the spiritualtie for example the free and publike exercise of our religion the securitie of our Churches the exemption of the Catholikes from the iurisdiction of the Protestant Clergie the repeal● of all penall lawes made against Catholikes c. This Commissio● being granted by his Majestie vpon the neglect of the Marques his obedience to his Majestiès Command requiring him to grant vnto vs the present taking away of the penall lawes and the suspension of Poynings act I admire how his Excellencie attempted to conclude a peace for these matters soe exempted out of his Commission and to referre those matters which were agreed and concluded by his Majesties speciall Commissioner namely the repeale of the penall lawes the free and publicke exercise of our religion c. vnto any new