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A25942 Articles of peace made and concluded with the Irish rebels and papists by James Earle of Ormond ... also, a letter sent by Ormond to Col. Jones, Governour of Dublin, with his answer thereunto : and a representation of the Scotch Presbytery at Belfast in Ireland : upon all which are added observations. Ireland. Lord Lieutenant (1641-1649 : Ormonde); Ormonde, James Butler, Duke of, 1610-1688.; Milton, John, 1608-1674. Observations upon the articles of peace with the Irish rebels. 1649 (1649) Wing A3863; ESTC R495 49,636 68

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the Peace Oyer and Terminer Assises and Goale Delivery in and throughout the Kingdome to continue during pleasure with such power as Justices of the Peace Oyer and Terminer Assizes and Goale delivery in former time of Peace have usually had which is not to extend unto any crime or offence committed before the first of May last past and to be quallified with power to hear and determin al civil causes coming before them not exceeding ten pounds Provided that they shall not intermeddle with titles of Lands provided likewise the authority of such Commissioners shall not extend to question any person or persons for any shipping cattle or goods heretofore takēn by either party from the other or other injuries done contrary to the Articles of cessation concluded by and with the said Roman Catholicke party in or since May last but that the same shall bee determined by such indifferent persons as the Lord Lieutenant by the advice and consent of the said Thomas Lord Visc. Dillon of Costollogh Lord Presi of Connagh Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffry Browne Donnogh O Callaghan Tirlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them shall think fit to the end that speedy and equall justice may be done to all parties grieved And the said Commissioners are to make their Estreats as accustomed of peace and shall take the ensuing Oath viz. You shall sweare that as Justice of the Peace Oyer and Terminer Assizes and Goale delivery in the Counties of A. B in all articles to the commission to you directed You shall do equall right to the poore and to the Rich after your cunning and wit and power and after the Lawes and Customes of the Realme and in pursuance of these Articles And you shall not be of councell of any quarrell hanging before you And the issues fines and amerciaments which shall happen to be made and all forfeitures which shall happen before you you shall cause to bee entred without any concealment or imbeazling and send to the Court of Exchequer or to such other place as his Majesties Lord Lieut. or other cheif Governor orGovernors of this Kingdome shall appoint untill there may be accesse unto the said Court of Exchequer You shall not let for gift or other cause but well and truly you shall doe your office of Justice of the Peace Oyer and Terminer Assises and Goale delivery in that behalfe and that you take nothing for your office of Justice of the Peace Oyer and Terminer Assizes and Goale delivery to be done but of the King and Fees accustomed and you shall not direct or cause 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 said counties respectively or other the Kings Officers or Ministers or other indifferent persons to doe execution thereof so helpe me God c. And that as well in the said Commission as in all other commissions and authorities to be issued in pursuance of the present Articles this clause shall be incerted viz. That all officers civill and martiall shall be required to be aiding and assisting and obedient unto the said Commissioners and other persons to be authorized as above said in the execution of their respective powers 29 Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that his Majesties Roman Catholicke Subjects do continue the possession of such of his Majesties Cities Garrisons Townes Forts and Castles which are within their now Quarters untill settlement by Parliament and to be commanded ruled and governed in cheife upon occasion of necessity as to the Martiall and Military affairs by such as his Majesty or his cheife Governour or Governours of this Kingdom for the time being shall appoint and the said appointment to be by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jefferey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seaven or more of them and His Majestyes cheife Governour or Governours is to issue Commissions accordingly to such persons as shall be so named and appointed as aforsaid for the executing of such comand rule or Government to continue untill all the particulars in these present Articles agreed on to passe in Paliament shall be accordingly passed only in case of death or misbehaviour such other person or persons to be appointed for the said command rule and Government to be named and appointed in the place or places of him or them who shall so dye or misbehave themselves as the cheife Governor or Governors for the time being by the advice and consent of the said Thomas Lord Visc. Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seaven or more of them shall thinke fit and to bee continued untill a settlement in Parliament as aforesaid 30 Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that all customes and tenths of prizes belonging to his Majesty which from the perfection of these Articles shall fall due within this Kingdome shall be paid unto his Majesties receipt or until recourse may be had thereunto in the ordinary legal way unto such person or persons and in such place or places and under such Controls as the Lord Lieutenant shall appoint to be disposed of in order to the defence and safety of the Kingdome and the defraying of other the necessary publicke charges thereof for the ease of the Subjects in other their levyes charges and applotments And that all and every person or persons who are at present intrusted and imployed by the said Roman Catholicks in the entries receipts collections or otherwise concerning the said customes and tenths of Prizes doe continue their respective imployments in the same untill full settlement in Parliament accountable to His Majesties receipts or untill recourse may be had thereunto as the said Lord Lieutenant shall appoint as aforesaid other then to such and so many of them as to the cheife Governour or Governours for the time being by and with the advice and consent of the said Tho. Lord Visc. Dillon of Costologh Lord Pres. of Connaght Donnogh Lord Visc. Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas
within this Kingdome 12 Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that as for and concerning the independency of the Parliament of Ireland on the Parliament of England his Majesty will leave both houses of Parliament in this Kingdom to make such declaration therein as shall be agreeable to the Laws of the Kingdome of Ireland 13 Item It is further concluded and agreed upon by and between the said parties and his Majesty is further graciously pleased that the Councel-Table shall containe it selfe within its proper bounds in handling matters of State and weight fit for that place amongst which the Pattents of Plantation and the offices whereupon those Grants are founded to be handled as matters of State and to be heard and determined by his Majesties Lord Lieutenant or other chiefe Governour or Governours for the time being and the Councell publickly at the Councell-Board and not otherwise But titles between party and party grown after these patents granted are to be left to the ordinary course of Law and that the Councel-Table do not hereafter intermedle with common businesse that is within the cognizance of the ordinary Courts nor with the altering of possessions of Lands nor make nor use private Orders hearings or references concerning any such matter nor grant any injunction or order for stay of any suites in any civill cause And that parties grieved for or by reason of any proceedings formerly had there may commence their suites and prosecute the same in any of his Majesties Courts of Justice or Equity for remedy of their pretended rights without any restraint or interruption from his Majesty or otherwise by the cheife Governour or Governours and Councell of this Kingdome And that the proceedings in the respective Presidency Courts shall be pursuant and according to his Majesties printed Book of Instructions and that they shall containe themselves within the limits prescribed by that Book when the Kingdom shall be restored to such a degree of quietnesse as they be not necessarily enforced to exceed the same 14 Item it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased That as for and concerning one Statute made in this Kingdome in the eleventh year of the Reigne of Queene Elizabeth intituled an Act for staying of Wooll Flockes Tallow and other necessaries within this Realme And another Statute made in the said Kingdome in the twelfth year of the Reign of the said Queen intituled an Act and one other Statute made in the said Kingdome in the 13 year of the Reign of the said late Queen intituled An Exemplanation of the Act made in a Session of this Parliament for the staying of Wooll Flocks Tallow and other wares and commodities mentioned in the said Act and certaine Articles added to the same Act all concerning staple or native commodities of this Kingdom shall be repealed if it shal be so thought fit in the Parliament excepting for Wooll and Woollfells and that such indifferent persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costollogh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquires Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geffery Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them shall be authorized by Commission under the great Seal to moderate and ascertain the rates of merchandize to be exported or imported out of or into this Kingdome as they shall think fit 15 Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that all and every person and persons within this Kingdome pretending to have suffered by offices found of several Countries Territories Lands and Hereditaments in the Province of Ulster and other Provinces of this Kingdome in or since the first year of King James his Reign or by attainders or forfeitures or by pretence and coulor thereof since the said first year of King James or by other Acts depending on the said offices attainders and forfeitures may petition his Majesty in Parliament for reliefe and redresse and if after examination it shal appeare to His Majesty the said persons or any of them have been injured then His Majesty will prescribe a course to repaire the person or persons so suffering according to Justice and honor 16 Item It is further concluded accorded and agreed upon by and between the said parties and His Majesty is graciously pleased that as to the particular cases of Maurice Lord Viscount de Rupe Fermoy Arthur Lord Viscount Iveagh Sir Edward Fitz Gerrald of Cloanglish Boronet Charles mac Carty Reag Roger Moore Anthony Mare William Fitz Gerrald Anthony Linch John Lacy Collo mac Brien mac Mahowne Daniel Castigni Edmond Fitz Gerrald of Ballimartir Lucas Keating Theobald Roch Fitz Miles Thomas Fitz Gerrald of the Vally John Bourke of Loghmaske Edmond Fitz Gerrald of Ballimalloe James Fitz William Gerrald of Glinane and Edward Sutton they may petition His Majesty in the next Parliament whereupon His Majesty will take such consideration of them as shall be just and fit 17 Item it is likewise concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased That the Citizens Free-men Burgesses and former Inhabitants of the City of Corke Townes of Youghall and Downegarven shall be forthwith upon perfection of these Articles restored to their respective possessions and Estates in the said City and Townes respectively where the same extends not to the endangering of the said Garrisons in the said City and Townes In which case so many of the said Citizens and Inhabitants as shall not be admitted to the present possession of their houses within the said City and Towns shall be afforded a valuable annuall rent for the same untill settlement in Parliament at which time they shall bee restored to those their possessions And it is further agreed and his Majesty is graciously pleased that the said Citizens Free-men Burgesses and Inhabitants of the said City of Corke and Townes of Youghall and Downegarven respectively shall be enabled in convenient time before the next Parliament to be held in this Kingdome to chuse and returne Burgesses into the same Parliament 18 Item it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that an Act of oblivion be past in the next Parliament to extend to all his Majesties Subjects of this Kingdom and their adherents of all Treasons and offences capitall criminall and personall and other offences of what nature kind or quality soever in such manner as if such Treasons or offences had never been committed perpetrated or don That the said Act do extend to
said Act of oblivion or any thing in this Article contained shall not hinder or interrupt the said Tho. Lord Visc. Dillon of Costologh Lord Presid. of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seven or more of them to call to an account and proceed against the Councell and Congregation and the respective Supream Councells Commissioners generall appointed hitherto from time to time by the Confederate Catholickes to manage their affaires or any other person or persons accomptable to an accompt for their respective receipts and disbursements since the beginning of their respective imployments under the said Confederate Catholickes or to acquit orrelease any arrears of excises customes or publicke taxes to be accounted for since the 23 of Octo. 1641. and not disposed of hitherto to the publicke 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 of Costologh Lord President of Connaght Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Allexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Jeffrey Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerrald Fennell Esquires or any seaven or more of them the said Act or any thing therein contained to the contrary notwithstanding 19 Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie 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 or any of the Barons of the Exehequer Privie Councel or Judges of the foure courts be farmers of his Majesties customes within this Kingdom 20. Item It is likewise concluded accorded and agreed and his Majestie is graciously pleased that an Act of Parliament passe 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 of Costologh Lord president of Connaght Donnogh Lord Viscount Muskerrie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillan Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires or any seven or more of them to set down the rates for the custome and imposition to be laid on Aquavitae Wine Oile Yarne and Tobacco 21. Item it is concluded accorded and agreed and his Majestie is graciously pleased that such persons as shall be agreed on by the said Lord lieutenant and the said Thomas Lord Viscount Dillon of Costologh Lord president of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnell Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwell Baronet Jeffery Brown Donnogh O Callaghan Tirlagh O Neal Miles Reilie and Gerrald Fennell Esquires 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 22. 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 Oates in the straw bee repealed 23. Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is further graciously pleased for as much as upon application of Agents from this Kingdome unto his Majestie in the fourth yeer of his Reign and lately upon humble suit made unto his Majestie by a Committee of both houses of the Parliament of this Kingdom order was given by his Majestie for redresse of severall grievances and for so many of those as are not expressed in the Articles whereof both House in the next insuing Parliament shall defire the benefit of his Majesties said former directions for redresse therein that the same be afforded them yet so as for prevention of inconveniences to his Majesties service that the warning mentioned in the 24. Article of the graces in the 4. yeer of his Majesties Reign be so understood that the warning being left at the persons dwelling houses be held sufficient warning and as to the 22 Article of the said graces the proces hitherto used in the Court of Wards doe still continue as hitherto it hath done in that and hath beene used in other English Courts but the Court of Wards being compounded for so much of the aforesaid answer as concernes warning and processe shall be omitted 24. Item it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that Maritine causes may be determined in this Kingdome without driving of Merchants or others to appeal and seek Justice elsewhere and if it shall fall out that there bee cause of an appeal the party grieved is to appeal to his Majestie in the Chancerie of Ireland and the sentence thereupon to be given by the deligates to be definitive and not to be questioned upon any further appeal except it be in the Parliament of this Kingdome if the Parliament shall then be sitting otherwise not this to be by Act of Parliament and untill the said Parliament the Admiraltie and Maritine causes shall be ordered and setled by the said Lord lieutenant or other chief Governor or Governors of this Kingdome for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costologh Lord President of Connaght Donnogh Lord Viscount Muskerie Francis Lord Baron of Athunrie Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnwall Baronet Jeffery Brown Donnogh O Callaghan Tyrlagh O Neal Miles Reily and Gerrald Fennell Esquires or any seven or more of them 25. Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is graciously pleased that his Majesties Subjects of this Kingdom be cased or all rents and increase of rents lately raised on the commission or defective titles in the Earl of Straffords government this to be by Act of Parliament and that in the mean time the said rents or increase of rents shall not be written for by any processe or the payment thereof in any sort procured 26. Item it is further concluded accorded and agreed upon by and between the said parties and his Majestie is further graciously pleased that by Act to be
Articles of Peace we see as good as done by the late King not to friends but to mortall Enemies to the accomplishment of his own interests and ends wholly separate from the Peoples good may without aggravation be easily conceiv'd Nay by the Covenant it self since that so cavillously is urg'd against us wee are enjoyn'd in the fourth Article with all faithfulnesse to endeavour the bringing all such to public Triall and condigne Punishment as shall divide one Kingdome from another And what greater dividing then by a pernicious and hostile Peace to disalliege a whole Feudary Kingdome from the ancient Dominion of England Exception we finde there of no person whatsoever and if the King who hath actually done this or any for him claime a Priviledge above Justice it is againe demanded by what expresse Law either of God or man and why he whose office is to execute Law and Justice upon all others should sit himself like a demigod in lawlesse and unbunded anarchy refusing to be accountable for that autority over men naturally his equals which God himself without a reason givn is not wont to exercise over his creatures And if God the neerer to be acquainted with mankind and his frailties and to become our Priest made himself a man and subject to the Law we gladly would be instructed why any mortal man for the good and wellfare of his brethren beeing made a King should by a clean contrary motion make himself a God exalted above Law the readiest way to become utterly unsensible both of his human condition and his own duty And how securely how smoothly with how little touch or sense of any commiseration either Princely or so much as human he hath sold away that justice so oft demanded and so oft by himself acknowledg'd to be due for the bloud of more then 200000. of his Subjects that never hurt him never disobeyd him assassinated and cut in pieces by those Irish Barbarians to give the first promoting as is more then thought to his own tyrannicall designes in England will appeare by the 18th Article of his peace wherein without the least regard of Justice to avenge the dead while he thirsts to be aveng'd upon the living to all the Murders Massacres Treasons Pyracies from the very fatall day wherein that Rebellion first broke out he grants an act of Oblivion If this can be justified or not punisht in whomsoever while there is any faith any Religion any Justice upon Earth there can no reason be alleg'd why all things are not list to confusion And thus much be observd in brief concerning these Articles of peace made by the late King withhie Irish Rebells The Letter of Ormond sent to Col. Jones Governour of Dublin attempting his fidelity which the discretion and true worth of that Gentleman hath so well answerd and repulst had pass'd heer with out mention but that the other part of it not content to doe the errand of Treason roves into a long digression of evill and reproachfull language to the Parlament and Army of England Which though not worth their notice as from a Crew of Rebells whose inhumanities are long since become the hornour and execration of all that heare them yet in the pursuance of a good endeavour to give the world all due satisfaction of the present doings no fit opportunity shall be omitted He accuses first that we are the Subveters of true Religion the protectors inviters not only of all false ones but of irreligion atheism An accusation that no man living could more unjustly use then our accuser himself which without a strange besottednesse he could not expect but to be retorted upon his own head All men who are true Protestants of which number he gives out to be one know not a more immediate and killing Subverter of all true Religion then Antichrist whom they generally believe to be the Pope and Church of Rome he therefore who makes peace with this grand Enemy and perscutor of the true Church he who joynes with him strengthens him gives him root to grow up and spread his poyson removing all opposition against him granting him Schools Abbeyes and Revenues Garrisons Fortresses Townes as in so many of those Articles may be seen he of all Protestants may be calld most justly the Subverter of true Religion the Protector and inviter of irreligion and atheism whether it be Ormond or his Maister And if it can be no way prov'd that the Parlament hath countenac'd Popery or Papists but have every where brok'n their Temporall power thrown down their public Superstitions and confin'd them to the bare enjoyment of that which is not in our reach their Consciences if they have encouragd all true Ministers of the Gospel that is to say afforded them favour and protection in all places where they preacht and although they think not money or Stipend to be the best encouragement of a true Pastor yet therein also have not been wanting nor intend to be they doubt not then to affirm themselves not the Subverters but the maintainers and defenders of true Religion which of it self and by Consequence is the surest and the strongest Subversion not onely of all false ones but of irreligion and atheism For the Weapons of that Warfare as the Apostle testifies who best knew are not carnall but mighty through God to the pulling down of Strong Holds and all reasonings and every high thing exalted against the knowledge of God surprising every thought unto the obedience of Christ and easily revenging all disobedience 2 Cor. 10. What Minister or Clergy-man that either understood his high calling or sought not to erect a secular and carnall Tyranny over spirituall things would neglect this ample and sublime power conferrd upon him and come a begging to the weak hand of Magistracy for that kind of ayd which both the Magistrate hath no Commission to afford him and in the way he seeks it hath been alwayes found helplesse and unprofitable Neither is it unknown or by wisest men unobserv'd that the Church began then most apparently to degenerate and goe to ruine when shee borrow'd of the Civill power more then fair encouragement and protection more then which Christ himself and his Apostles never requir'd To say therefore that We protect and invite all false Religions with irreligion also and atheism because wee lend not or rather missapply not the temporall power to help out though in vaine the sloth the spleen the insufficiency of Church-men in the execution of spirituall discipline over those within their Charge or those without is an imputation that may be layd as well upon the best regulated States and Governments through the World Who have been so prudent as never to imploy the Civill sword further then the edge of it could reach that is to Civill offences onely proving alwayes against objects that were spirituall a ridiculous weapon Our protection therefore to men in Civill matters unoffensive we cannot deny their Consciences we
leave as not within our Cognisance to the proper cure of instruction praying for them Neverthelesse if any be found among us declar'd atheists malicious enemies of God and of Christ The Parlament I think professes not to tolerate such but with all befitting endeavours to suppresse them Otherwaies to protect none that in a larger sense may be tax'd of irreligion or atheism may perhaps be the ready way to exclude none sooner out of protection then those themselves that most accuse it to be so generall to others Lastly that we invite such as these or incourage them is a meer slander without proof He tells us next that they have murderd the King And they deny not to have justly and undauntedly as became the Parlament of England for more bloudshed and other hainous Crimes then ever King of this Land was guilty of after op'n tryall punisht him with death A matter which to men whose serious consideration thereof hath left no certain precept or example undebated is so farr from giving offence that wee implore and beseech the Divine Majesty so to uphold and support thir spirits with like fortitude and Magnanimity that all thir ensuing actions may correspond and prove worthy that impartiall and noble peece of Justice wherein the hand of God appear'd so evidently on our side Wee shall not then need to feare what all the rout and faction of men basely principl'd can doe against us The end of our proceedings which he takes upon him to have discover'd The changing forsooth of Monarchy into Anarchy sounds so like the smattering of some raw Polititian and the overworne objection of every triviall talker that wee leave him in the number But seing in that which followes he containes not himself but contrary to what a Gentleman should know of Civility proceeds to the contemptuous naming of a person whose valour and high merit many enemies more noble then himself have both honour'd and feard to assert his good name and reputation of whose service the Common-wealth receaves so ample satisfaction t is answerd in his behalf that Cromwell whom he couples with a name of scorne hath done in few yeares more eminent and remarkable Deeds whereon to found Nobility in his house though it were wanting and perpetuall Renown to posterity then Ormond and all his Auncestors put together can shew from any record of thir Irish exploits the widest scene of thir glory He passes on in his groundless conjectures that the aime of this Parlament may be perhaps to set up first an elective Kingdome and after that a perfet Turkish tyranny Of the former wee suppose the late act against Monarchy will suffice to acquitt them Of the latter certainly there needed no other patterne then that Tyranny which was so long modelling by the late King himself with Strafford and that arch Prelat of Canterbury his chief Instruments whose designes God hath dissipated Neither is it any new project of the Monarchs and their Courtiers in these dayes though Christians they would be thought to endeavour the introducing of a plain Turkish Tyranny Witnesse that Consultation had in the Court of France under Charles the ninth at Blois wherein Poncet a certain Court projector brought in secretly by the Chancellor Biragha after many praises of the Otteman Government proposes means and wayes at large in presence of the King the Queen Regent and Anjou the Kings Brother how with best expedition and least noyse the Turkish Tyranny might be set up in France It appeares therefore that the designe of bringing in that Tyranny is a Monarchicall designe and not of those who have dissolvd Monarchy As for Parlaments by three Estates wee know that a Parlament signifies no more then the Supream and generall Councell of a Nation consisting of whomsoever chos'n and assembld for the public good which was ever practis'd and in all sorts of Government before the word Parlament or the formality or the possibility of those three Estates or such a thing as a Titular Marquess had either name or being in the World The Originall of all which we could produce to be farr newer then those all Ages which he vaunts of and by such first invented and contriv'd whose authority though it were Charles Martell stands not so high in our repute either for himself or the age he liv'd in but that with as good warrant we may recede from what he ordain'd as he ordaine what before was not But whereas besides he is bold to allege that of the three Estates there remaines onely a small number and they the Dreggs and Scum of the House of Commons this reproach and in the mouth of an Irish Man concernes not them onely but redounds to apparent dishonour of the whole English Nation Doubtless there must be thought a great scarcity in England of persons honourable and deserving or else of Judgement or so much as honesty in the People if those whom they esteem worthy to sit in Parlament be no better then Scum and Dreggs in the Irish Dialect But of such like stuffe wee meet not anywhere with more excrescence then in his own lavish pen which feeling it selfe loose without the reines of discretion rambles for the most part beyond all Soberness and Civility In which Torrent he goes on negotiating and cheapning the Loyalty of our Faithfull Governour of Dublin as if the known and Try'd Constancy of that valiant Gentleman were to be bought with Court fumes He layes before him that there remaines now no other liberty in the Subject but to professe blasphemous opinions to revile and tread underfoot Magistracy to murther Magistrates to oppresse and undoe all that are not like minded with us Forgetting in the mean while himself to be in the head of a mixt Rabble part Papists part Fugitives and part Savages guilty in the highest degree of all these Crimes What more blasphemous not opinion but whole Religion then Popery plung'd into Idolatrous and Ceremoniall Superstition the very death of all true Religion figur'd to us by the Scripture it selfe in the shape of that Beast full of the names of Blasphemy which wee mention to him as to one that would be counted Protestant and had his breeding in the house of a Bishop And who are those that have trod under foot Magistracy murder'd Magistrates oppress'd undone all that syded not with them but the Irish Rebels in that horrible Conspiracy for which Ormond himselfe hath either been or seem'd to be their enemy though now their Ringleader And let him aske the Jesuitea about him whether it be not their known Doctrine and also practise not by faire and due processe of Justice to punish Kings and Magistrates which we disavow not but to murder them in the basest and most assassinous manner if thir Church-Interest so require There will not need more words to this Windy Railer convicted opnly of all those Crimes which he so confidently and yet falsely charges upon others We have now to deale though in the
the bold ignorance and sloth of our Clergy tends no less now then in the Bishops days to make thir bare sayings and censures authentic with the People though destitute of any proofe or argument But thanks be to God they are discern'd Thir next impeachment is that we oppose the Presbyteriall government the hedg and bulwark of Religion Which all the Land knows to be a most impudent falshood having establishd it with all freedom wherever it hath been desir'd Nevertheless as we perceave it aspiring to be a compulsive power upon all without exception in Parochiall Classicall and Provinciall Hierarchies or to require the fleshly arm of Magistracy in the execution of a spirituall Discipline to punish and amerce by any corporall infliction those whose consciences cannot be edifi'd by what authority they are compell'd we hold it no more to be the hedg and bulwark of Religion than the Popish and Prelaticall Courts or the Spanish Inquisition But we are told We imbrace Paganism and Judaism in the arms of toleration A most audacious calumny And yet while we detest Judaism we know our selves commanded by St. Paul Rom. 11. to respect the Jews and by all means to endeavor thir conversion Neither was it ever sworn in the Covnant to maintain a universal Presbytery in England as they falsly allege but in Scotland against the Common Enemy if our aid were calld for being left free to reform our own Country according to the Word of God and the example of best reformed Churches from which rule we are not yet departed But heer utterly forgetting to be Ministers of the Gospel they presume to op'n their mouths not in the spirit of meeknesse as like dissemblers they pretend but with as much devillish malice impudence and falshood as any Irish Rebell could have utter'd and from a barbarous ●ook of Ireland brand us with the extirpation of laws and liberties things which they seem as little to understand as ought that belongs to good letters or humanity That wee seisd on the person of the King Who was surrendred into our hands an Enemy and Captive by our own subordinate and paid Army of Scots in England Next our imprisoning many Members of the House As if it were impossible they should deserve it conspiring and banding against the public good which to the other part appearing and with the power they had not resisting had bin a manifest desertion of thir trust and duty No question but it is as good and necessary to expell rott'n Members out of the House as to banish Delinquents out of the Land and the reason holds as well in forty as in five And if they be yet more the more dangerous is thir number They had no privilege to fit there and vote home the author the impenitent author of all our miseries to freedom honour and royalty for a few fraudulent if not destructive concessions Which that they went about to doe how much more clear it was to all men so much the more expedient and important to the Common-wealth was their speedy seisure and exclusion and no breach of any just privilege but a breach of their knotted faction And heer they cry out An action without parallel in any age So heartily we wish all men were unprejudic'd in all our actions as these illiterat denouncers never parallelld so much of any age as would contribute to the tithe of a Century That wee abolish Parlamentary power and establish a representative instead thereof Now we have the hight of them these profound Instructors in the midst of thir Representation would know the English of a Representative and were perhaps of that Classis who heretofore were as much staggerd at Trienniall Thir grand accusation is our Justice don on the King which that they may prove to be without rule or example they venture all the credit they have in divine and human history and by the same desperate boldness detect themselves to be egregious liars and impostors seeking to abuse the multitude with a show of that gravity and learning which never was their portion Had thir knowledge bin equall to the knowledge of any stupid Monk or Abbot they would have known at least though ignorant of all things else the life and acts of him who first instituted thir order but these blockish Presbyters of Clandeboy know not that John Knox who was the first founder of Presbytery in Scotland taught professedly the doctrine of deposing and of killing Kings And thus while they deny that any such rule can be found the rule is found in their own Country givn them by thir own first presbyterian institutor and they themselves like irregular Friers walking contrary to the rule of thir own foundation deserv for so grosse an ignorance and transgression to be disciplin'd upon thir own stools Or had thir reading in history bin any which by this we may be confident is none at all or thir malice not highth'n'd to a blind rage they never would so rashly have thrown the dice to a palpable discovery of thir ignorance and want of shame But wherefore spend we two such pretious things as time reason upon Priests the most prodigal mis-spenders of time and the scarsest owners of reason T is sufficient we have publishd our defences giv'n reasons giv'n examples of our Justice don books also have bin writt'n to the same purpose for men to look on that will that no Nation under heav'n but in one age or other hath don the like The difference onely is which rather seemes to us matter of glory that they for the most part have without form of Law don the deed by a kinde of martial Justice wee by the deliberate and well-weighd Sentence of a legal Judicature But they tell us It was against the interest and protestation of the Kingdom of Scotland And did exceeding well to joyn those two together heerby informing us what credit or regard need be givn in England to a Scotch Protestation usherd in by a Scotch interest certainly no more then we see is givn in Scotland to an English Declaration declaring the interest of England If then our interest move not them why should theirs move us If they say wee are not all England we reply they are not all Scotland nay were the last year so inconsiderable a part of Scotland as were beholding to this which they now term the Sectarian Army to defend and rescue them at the charges of England from a stronger party of thir own Countrymen in whose esteem they were no better then Sectarians themselves But they add It was against the former Declarations of both Kingdomes to seize or proceed against the King We are certain that no such Declarations of both Kingdomes as derive not thir full force from the sense and meaning of the Covnant can be produc'd And if they plead against us the Covenant To preserve and defend his person we aske them briefly whether they take the Covenant to be absolute or conditionall
If absolute then suppose the King to have committed all prodigious crimes and impieties against God or nature or whole Nations he must neverthelesse be sacred from all violent touch Which absurd opinion how it can live in any mans reason either naturall or rectifi'd wee much marvell Since God declard his anger as impetuous for the saving of King Benhadad though surrendring himselfe at mercy as for the killing of Naboth If it be conditionall in the preservation and defence of Religion and the peoples libertie then certainly to take away his life beeing dangerous and pernicious to both these was no more a breach of the Covnant then for the same reason at Edinburrow to behead Gordon the Marquess Huntley By the same Covnant we made vow to assist and to defend all those that should enter with us into this league not absolutely but in the maintenance and pursuing thereof If therefore no man else ever were so madd as to claime from hence an impunitie from all Justice why should any for the King Whose life by other Articles of the same Covnant was forfet Nay if common sense had not led us to such a cleer interpretation the Scotch Commissioners themselves might boast to have bin our first teachers who when they drew to the malignance which brought forth that perfidious last years irruption against all the bands of Covnant or Christian neighbourhood making thir hollow plea the defence of his Majesties person they were constraind by thir own guiltinesse to leave out that following morsell that would have choakd them the preservation and defence of true Religion and our liberties And questionless in the preservation of these wee are bound as well both by the Covnant and before the Covnant to preserve and defend the person of any private man and the person and authoritie of any inferior Magistrate So that this Article objected with such vehemence against us containes not an exception of the Kings person and autoritie to doe by privilege what wickedness he list and be defended as som fancy but an express testification of our Loyaltie and the plaine words without wresting will beare as much that wee had no thoughts against his person or just power provided they might confist with the preservation and defence of true Religion and our liberties But to these how hazardous his life was will be needless to repeat so oftn It may suffice that while he was in custody where wee expected his repentance his remorse at last and compassion of all the innocent bloud shed already and hereafter likely to be shed for his meer wilfulness he made no other use of our continuall forbearance our humblest Petitions and obtestations at his feet but to sit contriving and fomenting new plots against us and as his own phrase was playing his own game upon the miseries of his people Of which wee desire no other view at present then these Articles of peace with the Rebells and the rare game likely to ensue from such a cast of his Cards And then let men reflect a little upon the slanders and reviles of these wretched Priests and judge what modesty what truth what conscience what any thing fit for Ministers or wee might say reasonable men can harbour in them For what they began in shamelesness and malice they conclude in frenzie throwing out a sudden rapsody of Proverbs quite from the purpose and with as much comliness as when Saul propheci'd For casting off as he did his garments all modestie and meekness wherewith the language of Ministers ought to be cloath'd speaking especially to thir supreme Magistrate they talke at random of servants raigning servants riding and wonder how the Earth can beare them Either those men imagin themselves to be marvellously high set and exalied in the chaire of Belfast to voutsafe the Parlament of England no better stile then servants or els thir high notion which wee rather beleeve falls as low as Court parasitism supposing all men to be servants but the King And then all thir paines tak'n to seem so wise in proverbing serves but to conclude them down right slaves and the edge of thir own proverb falls reverse upon themselves For as Delight is not seemly for fooles much less high words to come from base minds What they are for Ministers or how they crept into the fould whether at the window or through the wall or who set them there so haughtie in the Pontificall See of Belfast wee know not But this wee rather have cause to wonder if the Earth can beare this unsufferable insolency of upstarts who from a ground which is not thir own dare send such defiance to the sovran Magistracy of England by whose autoritie and in whose right they inhabit there By thir actions we might rather judge them to be a generation of High-land theevs and Red-shanks who beeing neighbourly admitted not as the Saxons by merit of thir warfare against our enemies but by the courtesie of England to hold possessions in our Province a Countrey better then thir own have with worse faith then those Heathen prov'd ingratefull and treacherous guests to thir best friends and entertainers And let them take heed lest while thir Glence as to these matters might have kept them blameless and secure under those proceedings which they so feard to partake in that these thir treasonous attempts and practices have not involv'd them in a farr worse guilt of rebellion and notwithstanding that faire dehortatory from joyning with Malignants in the appearance of a co-interest and partaking with the Irish Rebells Against whom though by themselves pronouncd to be the enemies of God they goe not out to battell as they ought but rather by these thir doings assist and become associats The End