matter as yet more eagerly they concluded the Peace either on the 28. of March or on the 29. of Iuly If the later wee have our intention namely that they concluded the Peace after the Marques his Commission was recalled which was the eleventh of Iune before if the former then were our Councell and Committees violators of their promise made to His Holynesse His Nuncius Apostolique and perfidious to the whole kingdome which in publique assembly promised and agreed that nothing should be concluded 〈◊〉 agreed upon untill May following Such as are meanely versant either by study or practise in the lawes of this kingdome know that an obligation past by a Debtor unto his Creditor though Signed and Sealed this moneth yet bindeth not then nor ever after unlesse he also DELIVER the same obligation and then onely and not before it beginneth to oblige when the obligation or bond is delivered how much more in our case is it evidently convinced that the rejected Peace began not to oblige untill the time of the deliverie thereof which was on the 29. of Iuly and not before seeing that in our case besides the defect of deliverie the very signing and sealing it selfe was not absolute but conditionally that 10000. men should be sent over by the Catholique Confederats and the Articles were not laid on the hands of either of both parties but deposited on the hands of a third person But in a truth so evident testified by so many witnesses yea confessed by the Committee of treaty themselves we need not wast much time 5. Wherfore we are to prove that the Marques of Ormonds Commission was recalled and revoked before the foresaid 29. day of Iuly for effecting whereof wee need no other evidence than the Kings owne letter which we exhibit unto the Reader word by word as it was written by His Majestie himselfe His Majesties Letter to the Marques of Ormond CHARLES R. RIght trusty c. Having long with much griefe looked upon the sad condition Our Kingdome of Ireland hath been in these divers yeares through the wicked and desperate Rebellion there and the bloody effects have ensued thereupon for the settling whereof wee would have wholly applyed our selves if the difference betwixt us and our Subiects here had not diverted and withdrawne us and not having been able by force for that respect to reduce them wee were necessitated for the present safety of our Protestant subjects there to give you power and authority to treat with them upon such pious honourable and safe grounds as the good of that Our kingdome did then require But for many reasons too long for a letter VVee thinke fit to require you to proceed no further in Treaty with the Rebells nor to engage us upon any conditions with them after sight hereof And having formerly found such Reall proofes of your ready obedience to our commands wee doubt not of your care in this wherein our service and the good of our Protestant subjects in Ireland is so much concerned From Newcastle the 11. of Iune 1646. 6. Out of which letter the Catholique Confederates may behold not onely the revocation of the Marques his Commission but also the dangerous Condition wherein they are while His Majestie is so awed by the Rebellious Scot as he must say write and doe against His faithfull Subjects what ever they please to suggest unto him Here His Majesty is pleased to call us Rebels and our warre desperate Rebellion elsewhere being freed from those Harpies he calleth us His faithfull Subiects upon whose succours to rescue him from his present calamitie he wholly depends Wherefore I exhort the Confederate Catholiques to stand well upon their guard and to preserve securely in their owne possession and Command such Forts Cities Armes and Armies as God hath prodigiously given unto them since these warres least His Majesty being forced by the Scots or Parliamentaries should subscribe to such Commands unto Ormond as he subscribed unto Mountrosse in Scotland commanding him to lay downe Armes and to yeeld unto the Scots such Cities Forts as by his Armes hee recovered for His Majestie from them That the Parliament hath and will endeavour to obtaine such Commands from the King wee are premonished by the Vote made in the house of Commons of England 3. Iuly 1646. where they order that a letter should be drawne up to be sent to His Maiestie from both houses of Parliament to desire His Maiestie to write to the Marques of Ormond in Ireland to SVRRENDER up severall holds and places of strength in that kingdome possessed by his forces to such hands as both houses of Parliament shall nominate and appoint and a Committee was named presently to draw up the said letter Now in case the King be forced to send such a Command unto the Marques what assurance have the Confederate Catholiques that he will not forthwith yeeld obedience to such forced Commands as he yeelded to the above letter and deliver up unto the Parliament not onely what Cities Townes and Forts hee hath in his owne Quarters but also such Cities Townes Forts Garisons Armies and Magazins as should be transferred to his government Command and trust by the Confederate Catholiques It s knowne that the Marques is of the same profession with the Parliament that since these warres he hath continuall Commerce and mutuall correspondence with them private letters messages and Agents past betweene him the Parliament and the Scots that hee never used any act of hostilitie against either nay since the Clergy and their Adherents the Confederate Catholiques have opposed this Peace he hath sent severall Agents aswell unto the Scots as unto Insequin and the Parliament praying them to send him succours and actually entertained some of the Parliament Commanders in Dublin and intrusted them with places of Command within that Citie yea had actually delivered not onely that Citie but all other Cities and Forts c. in his Quarters to the Parliament if the Parliament vouchsafed to intrust him with the government of the kingdome and to grant unto him such Conditions as hee expected for procuring whereof it is thought Sir Francis VVilloughby whom the Marques sent over before to the Parliament is now gone over againe with the Parliament Commissioners to elaborate the busines I appeale then to all disinteressed Divines whether the Catholique Confederats may in such a case transferre from themselves who have sworne allegiance and fidelitie to their Soveraigne and particularly to keepe secure such Forts and Cities c. for His Majesties use unto one so suspected the government or Command of the same Cities Forts Armies c. seeing in so doing they doe probably hazard Religion King and Countrey If neither Parliament nor Scot will intrust his Excellencie with the chiefe government of the kingdome though hee be of their profession nor entertaine him as their servant shall the Catholiques unto whose Religion he is a sworne Adversarie inttust him not only with such a
is that holds up armes against you for what power hath one man that is in the power of others And if our State will not giue order for the same what may we not conclude there of must the lives and estates of men be sacrificed to the wilfulnesse of any But our State performing their parts we shall apparantly see where it rests for how can the King hinder what they please to doe Do not these that are celled the French and Spanish States what them please put or their King must put their names thereto to culour it that the State may not bee seene in it but it may passe as if their Kings act not theirs Can any be so simple to think their Kings may or can rule a State which is as much as the wisest State can doe In short it is the States doe all and so doe the Scot and so ought our State and not let the weale safety happinesse prosperitie and being of a Kingdome or kingdomes and millions of lives therein lye at the will or the VVilfulnesse folly or madnesse of one man whom they call their king though the Parliament of England in their late letter to him when hee was at Oxford doetell him plainly that he is guilty of all the innocent blood which hath beene now shedin all the three kingdomes Oh therefore let not the world ieerus that our prisoner can use his keepers as his prisoners c. VVho hath stood it out in open Hostility as long as possible he could against his Earthly Soveraigne Lord king and Creator the state Vniversall VVhose legall and formal representative the Parliament he hath vnnaturally wickedly uniustly and irrationally proclaimed Traytors and Rebels for doing their duty in endeauouring the preservation of those that trusted them from the ruine and distruction endeavoured and intended to them by him their rebellious servant How can it be properly said that the Engish Creator the State of England can commit Treason agasnst it's own meere creature the king If it be treason to assist the king with men monies armes and horses in this his unnaturall VVarre and Rebellion against the Parliament and people of England as the Parliament hath often declared then is it not the height of Treason for any of the Parliaments Armies privately to treat with him and to receive him into their Army and there protect him from those who requite him and have right to him and to disposc of him yea and afford him elbow room and libertie to send Messages and Embassages to Denmark Holland France Spain and Ireland or whether he pleaseth that so he may lay new designes for the utter subversion and destruction of thâ— State and kingdome Oh the height of c. no longer to be put up borne or suffered by trustees that desire to approve themselves faithfull to their trusters London August 16 46. 19. Reade all histories â—acted and prophane reuolve all Chronicles domesticke and forren and tell us if yow haue or can finde any treason soe abominable any rebellion soe odious to God and man any Apostacie soe detestable to heaven and earth as is this damnable treason rebellion and apostacie of the titular Parliament of England It is not enough to be perfidious to theire king bur they must be also blasphemons against God by making themselues Creators Here monarchie is ablegated anarchie introduced the Lords anointed made slaues to theire subiects and theire subjects raised to noe lesse dignitie than to earthly soueraignes Lords Kings Creators the stato vniuersall Theire fellow subjects the Scots are theire merce naries and servants not theire Brethren and the Irish are unto them opprobrium hominum et abiectio Plebis But pride and confusion disobedience to Princes and treason against them and theire monarchie is a propertie inseparable from moderne heretickes wherfore we must not admire that D. Garrier sometime a Protestant and Chaplaine to k. Iames burst forth into these words I can not be persuaded that they ever will or can joyne togeather to advance your Majesty or your children further then they may make a present gayne by you They are not agreed of their own Religion nor of the principles of universall and Eternall truth how can they be constant in tho Rules of particular and transitory honor Where there is nullum Principium Ordinis there can be nullum principium Honoris such is their Case There is a voyce of confusion among them as well in matters of State as of religioÌ„ Their power is great but not to edification but to destruction They ioyne to geather onely a gaynst good Order which they call the Common Enemy and if they can destroy that they will in all likelihood turne their fury agaynst themselves andlike Diuells torment like Serpents deuoure one another In the meane time if they can make their Burgers Princes and turne old Kingdomes into new States it is lyke inough they will doe it but that they will ever agree together to make any one Prince King or Emperour ouer them all yield due obedience unto him further then eyther their gayne shall allure them or his sword shall compell them that I can not persude my selfe to belieue And therfore I can not hope that your Majesty or your Posterity can expect the like honour or security from them which you might do from Catholike Princes if you were ioyned firmely to them in the vnity of Religion § 5. The Marques of Ormonds Commission enlarged by his Majestie but his Command not executed 20. When the Marques of Ormond dispachd Agents unto the Parliament demanding succours from them against the con federat Catholikes of Ireland It is said S argeant Eustace to cloake that treason publickelie declared in the dismembred Parliament of Dublin that as it was lawfull for euery man euen by the law of nature to defend himselfe against the violence of uniust Assailants soe was it lawfull for the kings Lieutenant and the kings priuie Councell in Dublin for theire owne defence to looke for succour from the kings Enemies the Parliament against the kings subjects the Irish who were in a violent and hostile manner to assault them letting this passe for an hyperbole the Catholike Confederats doe brieflie affirme that they were noe assailants but defendents of theire lives religion liberties and estates against theire fellow subjects and particularlie against the chiefe Ministers of justice who following the steps of their Predecessours tirannically gouerning made use of all the projects that michieuous policie could invent to depriue them of theire lives religion liberties and estates wherin they have beene soe exorbitant as neither the authoritie of the ancient fundamentall lawes of the kingdome nor the kings owne Commands could preuaile with them Here we must descend vnto particulars and especiallie to the kings Commands sent vnto the Marques of Ormond enlarging his power for the speedie conclusion of a happie peace 21. The impossibilitie saith his Majestie writing to the Marques of Olmond of
more of them to treate conclude a peace such a Commission is not nor never was extant in rerum natura Ergo the peace grounded thereupon is void In the same preface it is said articles of peace concluded c. betweene the Marques on the one part and these 7. Mountgaret Muskery Sir Robert Talbot Dermot O Brien Patricke Darcy Geffrey Browne and Iohn Dillon on the other part yet five onely of these 7. concluded the peace Mountgaret and Dermot O Brien never signed sealed or delivered the peace Yea Mr. Dermot O Brien made publique protestation against it and manifested unto the world aswell his aversion against the proceedings of the rest of the Committee in that treaty as against the iniquitie of the said peace for which hee deserves from his Countrey immortall praise How then is it true that those 7. concluded the peace when as 5. onely concluded it These I trow are errors and defects sufficient enough to prove the insufficiencie and invaliditie of the committee of the treatyes Commission and consequently the nullitie of the peace thereupon concluded which we pray all our learned and disinterelled Lawyers to discusse together with those other arguments we produce in the rest of the paragraphes and to strengthen the same by their approbation apposition of the authoritie of our Lawes of England which I could not well peruse for want of leasure and commoditie § 10. The invaliditie of the said peace proved by the revocation of our Committees Commission namely by the protestation of the principall part of the Body politicke of the kingdome other Inhibitions 1. BEsides the nullitie of the foresaid peace by the insufficiencie of our committees commission wee prove the same by the revocation of the same commission if it were ought worth before the peace was concluded Heare then the Lord Nuncius his protestation THE LORD NVNCIVS HIS PROTESTATION MOst Illustrious and Reverend Lords VVhere as before the imprisonment of the Earle of Glamorgan I abundantly represented unto your honours that the peace which then was in agibation was 〈◊〉 on any Fitles neyther honest nor secure but scand alous in the opinion of his Holyneisse the rest of the Catholicke â—rineâ—sland that for that cause â—â— would in no sort â—â—ndescend thereunto and whereas the same peace after the release of the said Earle is as yet lessei secure by reason of many accidents that befell seeing his Holynesse hath sent 〈◊〉 me the heads of the peace agreed upon at Rome between his Holynesse and her Majesty the Queenes Agent with promise of the Kings information thereof which heads are both honest by reason of the persons more ample then all the points hitherto treated of and doe promise all the security which may be had in these circumstances I urge with your Honours that you expect the Originals of the said heads that in the interim no other peace be concluded but that the Treaty of peace be deferred least you wrong his Holynes his benignity towards this kingdom your Honors incur his indignation together with the aversion of all Princes chiefly seing that the Instrument signed by your selves remaynes in my custody which before my coming over your Honours delivered as an answer to Master Spinola of happy memory wherein you promised to doe in this affaire whatsoever I upon consideration of the state of the kingdome should thinke fit to be done If otherwise you proceed I doe besides the breach of your promise protest that I doe not neyther will I consent unto any peace or change of things or government in this kingdome untill upon view consideration of the foresaid heads of the Popes peace it shal be maturely established what shal be more profitable to this kingdome And if â—hings be otherwise carried I protest though with sadnesse of heart that all damages which by this acceleration of peace shall befall the Kings Maiesty and this miserable kingdome proceeded not from the faults of any other but of those who having posâ—posed the reverence and gratitude due to his Holynesse doe abuse their owne private affections and interest to the destruction of the Commonwealth From the Pallace of our residence the sixt day of February 1645. stylo veteri Your Honours most addicted Servant Ioan. Baptist Archiepiscop Firman Nuncius 2. According to this protestation the Lord Nuncius the very next day following to wit the seventh of February and againe the ninth of February came personally to the assembly and having declaâ—ed the affection and care the See Apostolique had of this Nation sometime for learning and sanctity called the Iland of Saints declared that his Holynes to succour the Catholique Confederates neglected and postposed the warres by the Turkes against the Christians by the Swelandeâ— against the Emperor and other warres neerer home that he laboured and at length prevailed with His Majestie that the Roman Catholiques should not onely have and quietly possesse their Church and Church-livings but also that the Catholique Natives should be made capable of all places of command honour pâ—ofit or trust in the civill marshall or Ecclesiastique government together with many other extraordinary graces and concessions that he daily expected the articles of this peace and therefore prayed seriously that the conclusion of any peace with Ormond which was the worst of all other peaces might be protracted at least till May assuring us if we persâ—vered constantly in the cause of God that the Popes Holynes and other Catholique Princes would never be wanting to supply the Confederate Catholiques with sufficient meanes and money to maintaine the warre and that he himselfe in the interim would defend Leinster against Ormond in case he condescended not to a cessation for so long a time This motion was seconded by noble Glamorgan by two severall speeches delivered by him in the Assembly 12. and 19 February which was accepted and entertained by the whole house with such joy and alacrity as you might descry in their outward gesture their inward consolation 3. Our councell and committees contrarie to the resolution of the whole house would not expect so long they were not foure dayes chosen when they gave a new commission to the committee of Treaty to conclude a peace with his Excellency which was signed and sealed 28. March as you have heard It was a businesse long before concluded as you may gather by Iustice VValsh one of the purchasers above mentioned his speech delivered in the house 10. February wherein he affirmed that he himselfe brought all things points and matters to a full period according our wishes with the Lord Marques but said he the imprisonment of Glamâ—rgan hindred the sigâ—ing thereof Yet I reade in the diurnall of that day that the chaire-man Mr. Thomas Tyrell informed the house that our Agents were in Dublin eleven weeks and yet were not able to conclude any thing And Mr. Geofrey Browne declared in publicke assembly 15. February that the
THE SECOND PART OF THE SVRVEY OF THE ARTICLES OF THE LATE REIECTED PEACE WHERIN THE INVALIDITIE AND NVLLITIE OF THE SAID PEACE IS PROVED 1. By the revocation of the Marques of Ormonds Commission before any Peace was legally concluded c. 2. By the defect of sufficient Commission or authoritie on the part of our Committee of the Treaty 3. By the revocation thereof by the Protestation of the principall part of the Body Politique of the Kingdome and other Inhibitions 4. By exceeding their Commission 5. By deviating from the rules established by assembly by which they ought to regulat themselves namely from the Oath of Association Modell of government Acts of Assembly Grievances Declarations and Propositions made by the Kingdome to His Majestie c. 6. By rejecting the Kings favours and graces 7. By their surreptitious and clancular concluding of a Peace contrary to their promise made unto the Lord Nuncius 8. By the Kingdoms non acceptance thereof 9. By theire violation of the publike faith of the kingdome past by Solemme Contract vnto the L. Nuncio 19 February 1645. Whence the Iustice of the Clergies Decree of Perjurie and excommunication against the Adherents to so impious and invalid a Peace is evidently deduced By Walt. Enos Dublinian Priest D. of Divinitie treasurer of Ferns Viri faederis tui illuserunt tibi inualuerunt aduersum te viri pacis tuae Abdiac 1. Printed at Kilkenny by permission of Superiors and approbation of Schoolemen in the yeare 1646. MANDATVM ILLVSTRISSIMI NVNCII ET CONGREGATIONIS ECCLESIASTICI VTRIVS QVE CLERI REGNI HIBERNIAE NOs Ioannes Baptista Rinuccini archiepiscopus Princeps Firmanus apud Hibernos Confoederatos Nuncius apostolicus extraordinarius necnon uenerabilis Congregatio utrius que Cleri Regni Hiberniae uobis RR. PP quorum nomina inferius Scripta sunt cuilibet uestrum facultatem facimus per praesentes pariter mandamus ut post diligentem perlectionem secundae partis libelli cui titulus est a sur vey of the articles of the late reiected peace ab eximio Domino Magistro Gualtero Enos S. T. Doctore de mandato nostro compositi censuram uestram calculum pro qualitate vtilitate operis eidem apponatis adeoque confirmetis corroboretis ut qui ante Autoris argumenta de iniquitate reiectae pacis in primâ parte proposita comprobastis modò eiusdem argumenta in hac secundâ parte de inualiditate dictae pacis proposita uicissim comprobetis ut uel inde iustitia nostrorum decretorum contra Authores eiusdem pacis orbi terrarum innotesceat Datum Kil Kenniae 18. Ianuary 1646. Ioannes Baptista Archiepiscopus Firmanus Nuncius Apostolicus THe touchstone of disouering an act to be invalid is the law the Author sincerly conferrs the treaty of peace with the Maximes of law and finds the same lawlesse consequentlie inualid and not obliging This survey ingenuouslie traced ouer the iniquitie of the peace and plainly proues the inualiditie his worke is learned meritorious and intended for our good according lie I approue it FR. PATRICKE PLVNKET Abbot of St. Maries Abey of Dublin diffinitor late president generall of the Congregation of St. Malachias and St. Bernard in Ireland THis Second parte of Doctor Enos his suruey c. diserues no less credit and acceptance then was attributed to the first parte by the not praeiudicating opinion of Tho. Roth. Deane and Vicar Generall of Ossory I Am of the same opinion NICOLAVS TAYLOR Sactae Theol. Doct. Protonâ—tar Apostolicus Rector Eccl de Swords HAuing perused this second part of the Survey of the late reiected peace I thinke it to be noe lesse worthy of publique view then the first it beinge a plaine discouerie of the inualiditie thereof It needes therefore noe other shew to purchase a publique welcome then the name of its lerned author walter Enos Doctor of diuinitie Ita censeo IOANNES SHEE THEOL Praeb de Main Vicarius Sancti Ioannis Evangelistae IN obedience to the forsaid mandat we haue with diligence reade and perused this second part of the forsaid Suruey wherin we finde nothing dissonat to faith or good manners but very many things conduceing to the honour and saftie of faith and Religion wherefore as in the first part we approued the Authors arguments proueing the iniquitie of the late reiected peace so we approue his arguments produced in his second part to proue the inualiditie of the same peace and accordinglie we censure it no lesse worthy than necessarie to be exposed to publike view Dated at Kilkenny the 27. th of Ianuary 1646. Fr. Hugh Duigin Suprior of the Frs Preachers of Kilkeny Fr. Faelix Connor S. T. Professor Fr. Iohn O Hairt S. T. Professor EX Commissione Supradictâ accuratè Legimus hanc secundam partâ—m in qua nihil orthodoxa fidei dissonum reperitur quin potius pro ea acertimè certat Hoc opere suo solito more author animo calamoque poteâ—s delirescentem alto puteo veritatem extrahit eaque in sua basi expositâ opposita Commenta vsurpato limine deturbat Sic censemus in hoc Coonobio Sancti Francisci Kilkeniae Kalendis February 1646 Fr. Antonius MacGeogheganus Exprouincialis Hyberniae Et Guardianus KilKenniensis Fr. Paulus King S. T. Lector VVE doe finde that the learned and zealous author accordinge to his groundes and principles doth well shew and proue the inualiditie of the peace he treates of William Saint Leger Iohn Mac Egan To the right honourable the Lords Knights Cittizens and Burgesses of the Confederat Catholikes of the Kingdome of Ireland assembled together at Kilkenny REnowned Catholikes A peace contained in 30. Articles made ad published at Dublin 29 Iulij 1646 being put vnder the consideration of the Venerable Congregation of the Clergie at Waterford in August last was found vnsafe for Religion contrie and the liues and liberties of the Confederat Catholickes the fortes and gouernment of this Kingdome being by that peace to come vnder an other power and that of an aduerse Religion Some cri'd vp this peace as a blessing from God and the period of fire warre and desolation and though it was reputed a blessing yet was an army a preparing to enforce it vpon vs others who look'd neerer vnto it said it would proue fatall to Ireland and Religion and vnexpectedlie a great army as it were of meÌ„ risen out of the Earth came from the North to oppose it While the Souldier had sword in hand to proscribe this rotten peace my Superiours put a pen in my hand by way of suruey to lay open to the world the iniquitie and inualiditie thereof The first part of this Suruey containing the iniquitie I dedicated to the right Reuerend Prelats and Congregation the second part speaking the inualiditie of it I addresse with all humilitie and candor to the power and great wisedome of this assemblie I will say with S. Paul ueninon in sublimitate sermonis aut
government but also entertaine him as their Lord and Master This I speake not God be my Iudge for disrespect to so noble a personage who if hee followed the steps of his noble Catholique progenitors and were disingaged from wicked Councell might well deserve such honour but to discharge my conscience in a matter of such importance as concerneth the securitie of Religion King and Countrey 7. As this letter was dated so was it delivered and communicated to the Lord Marques long before the 29. of Iuly when and not before the Peace was concluded wherein I call as witnesses the conscience of those very noble persons who concluded and joyned in concluding this peace Nay the same hath beene confessed unto me even by some of them that subscribed unto the peace But the accompt which Mr. Browne gave unto the late Supreme Councell at Limericke after his returne from Dublin in the month of Iune and his publicke narration or declaration of the answer received from the Lord Marques in Dublin puts the question out of all doubt wherein he declared that the Lord Marques his Commission was confessed by himselfe to have beene recalled and that therefore he could conclude no peace with us His returne then without effecting any thing and the very originall letter above mentioned shewne to Mr. Browne and others by the Lord Marques doth confirme it 8. It may be answered that the Lord Digby brought over some new Commission from France authorizing the Lord Marques to proceede in the peace But this is as easily denyed as it is affirmed without apparance of truth it being most certaine and so signified by letters from Paris to the Councell and Congregation that the Lord Digby never saw the king nor received letters from the king from the time he left Ireland untill he returned backe how then could the Lord Marques his Commission be renewed some letters are said to have been brought over by the Lord Digby in Cyphers the interpretation whereof must be received from the Lord Digby onely But this may carry asmuch truth as the former and though it were true yet have the Confederate Catholiques no reason to give credit in a matter of such high concernment to such Interpreters but supposing all were true it would never be able to render the peace concluded the 29. of Iuly valid forasmuch as the same peace is grounded on the Commission given unto the Lord Marques 24. Iunij 1644. and the 20. yeare of His Majesties Raigne which as you have heard was recalled before the foresaid 29. of Iuly and not on the new imaginarie Commission brought over by the Lord Digby wherefore if they would render the peace ought worth or of any validitie in law they ought to ground the same on this new Commission and not on the old or if this new Commission were a Continuation or a reintegration of the old both should be inserted in the Articles of peace if they intended to conclude any valid or solid peace Shall I speake the truth in simplicitate cordis mei as that peace alone was concluded which pleased the Marques of Ormond and all other peaces that pleased God and man king and Countrey were rejected so then was the peace concluded when it pleased Ormond namely when her and his pretended Protestants could no longer subsist their brethren the Scots and other Parliamentarie Rebells being reduced to nothing in Vlster and Connaught while these monsters could craule the conclusion of any peace was protracted while Bunratty was in dispaire Roscoman and other places in Connaught in defiance against the Confederate Catholiques then the Marques his Commission was recalled but when the Catholique Confederates recovered all these places and gained two glorious victories against the Enemie then this demortued Commission was suddenly revived and a peace was concluded upon maugre all the resistance of the Lord Nuncius and Clergie or the soundest part of the Councell and Committee of severall acts and protestations made by the whole kingdome in the assemblies held in August and February 1645. But qui habitat in coelis irridebit eos Eijce ancillam Heresie hath already too long tyranniz'd in Ireland more in the following paragraph and paragraph 3. numb 13. where the king by his Declaration or at least by that Declaration which was set forth under his name is content to leave the managing of the businesse of Ireland wholly to the two houses of England which if the Reader please to compare with the vote of the Commons above mentioned numb 6. Hee will finde that the Catholique Confederats are like to loose to their king and themselves all Ireland if they part with the government of such Cities Forts or Garrisons as are in their Quarters or with the Command of their armies c. to any that is not a sworâ—â— Confederate Catholique §. 2. That neither obligation of law or honour utilitie to His Maiestie or necessitie of the kingdom did induce our Councell to conclude this Peace 9. THat no obligation of law did enforce our Committee to conclude this peace is evident by what even now we expressed in the foregoing paragraph for if the articles though signed and sealed on the 28. day of March yet remained still as a scrole untill the 29. of Iuly following at which time and not before they were delivered and begunne to oblige then is it certaine that during that intervall our Committee were free and at their owne libertie to perfect or not perfect conclude or not conclude the said Articles yea they could not with integritie of conscience and discharge of the trust imposed on them proceede to the deliverie or conclusion of the said Articles being enformed that His Majestie had now recalled the Marques his Commission authorizing him to conclude a peace it being a Maxime generally received aswell in the lawes of England as in the Cesarean or Common law extingui mandatum per revocationem mandantis that a Commission given to any is extinguished by the revocation thereof and out of the extinction of the Commission foloweth the extinction also of all obligation to pursue the contract nay wee shall shew hereafter that the Commission given to our Committee to conclude this rejected peace was not onely invalid but also sufficiently recalled before any such peace was concluded Wherefore wee may without difficultie conclude that no obligation of law did enforce our Partie to conclude this peace As then the Lord Lieutenant did recoyle from those articles which he himselfe signed and sealed esteeming himselfe not to be obliged by any such signing and sealing to deliver the same so hereafter in case wee were brought to that fooles Paradise to accept the peace and hee once possesse our Armies and garisons hee will likewise recoyle and tell us when wee looke for performance of the Articles Sirs my Commission was recalled when I concluded this peace with you what I have done therein was grounded upon no authoritie and therefore invalid
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
by his Majestie to the Marques of Ormond his Majestie wrote and sent three other letters vnto him wherof the first was dated December 15. 1644. and continueth what followeth As for Poynings Act I referre you to my other Letter and for matter of Religion though I haue not found it fit to take publique notice of the paper which Brown gave you yet I must commande you to give him my L. Muskery and Plunket particular thanks for it asluring them that without it there could have been no peace and that sticking to it their Nation in generall and they in particular shall have comfort in what they have done and to shew that this is more then words I do herby promisse them and command you to see it done that the Penall Statutes against Roman Catholiques shall not be put in execution the Peace being made and ther remaining in them due obedience and further that when the Irish gives me that assistance which they have promised for the suppression of this Rebellion and I shall be restored to my Rights then I will consent to the Repeale of them by a Law but all those against Appeales to Rome and Premunire must stand all this in Cypher you must impart to none but those three already named and that with injunction of strictest secresie so again recommending to your care the speedy dispatch of the peace of Ireland and my necessary supply from thence as I wrote to you in my last private letter I rest 24. The second letter is dated from Oxford 7. Ianuary 1644. and containeth what followeth The Rebels here agreed to Treat and most assuredly one of the first and chiefe Àrticles they will insist on will be to continue rhe Irish warr which is a point not popular for me to break on of which you are to make a double vse First to hasten with allpossible diligence the Peace there the timely conclusion of which will take off that inconvenience which otherwise I may be subject to by the refusall of that Article upon any other reason Secondly by dextrous conveying to the Irish the danger there may be of their totall and perpetual exclusion from those favours I intend them in case the Rebels here clap up a Peace whith me upon reasonable termes and only exclude them which possibly were not councelable for me to refuse if the Irish Peace should be the only difference betwixt us before it were perfected there These I hope are sufficient grounds for you to perswade the Irish diligently to dispatch a Peace upon reasonable termes assuring them that you having once fully engaged to them my word in the conclusion of a Peace all the Earth shall not make me break it But not doubting of a Peace I must again remember you to presse the Irish for their speedy assistance to me here and their friends iu Scoland Myintention being to draw from thence into wales the Peace once concluded as many as I can of my Protestant armedsubjests and desire that the Irish would send as great a Bodyas they can to land about Cumberland which will put those Northern Counties in a brave condition wherefore you must take speedy order to provide all the Shipping you may as well Dunkirk as Irish Bottomes and remember that after March it will be most difficult to transport men from Ireland to England the Rebels being masters of the Seas So expecting a diligent and particular account in answer to this Letter Irest 15. The third letter is dated at Oxford also february 16. 1644. in the postscript wherof for the letter it selfe we haue not seene it is thus written In case vpon particular mens fancies the Irishpeace should not be procured vpon powers I haue alreadie giuen yow I haue thought good to giue you this further order which I hope will proue needles to renue the cessation for a yeare for which yow may promise the Irish if yow can haue it noe better cheape to ioyne with them against the Scots and Inchequin as aboue yow haue heard where we are to note that his Majestie forseing that the power alreadie giuen the Marques was not sufficient to induce the Irish to a peace enlargeth by his letter dated the selfe same month to witt the 27. of february aboue num 21. mentioned the former power giuen to the Marques and expresseth in particular the points Wherein this power is enlarged namely to the suspension of Poynings act and present taking away of the penall lawes against Papists which by his letter of the 15. th December his Maiestie promised to repeale when he should be restored to his rights and for the present commanded the same penall lawes should not be executed But whatsoeuer the king commanded the Marques to performe by these letters the Marques hath contemned whatsoeuer he hath promised our Committee hath neglected and whatsoeuer he hath actuallie granted they haue reiected Among many obligations by which Mandatorius or a Commissioner or Committee is obliged mandatori to him that giues the Commission that is a principall one that the Commissioner is dilig entlie to obserue the commands giuen him and as he is not to exceede his Commission soe is he not to deuiat from the same wherein how farre the kings Commissioner on his part and our Committee on theire parte haue transgressed we leaue to the censure of those that haue eyes to see and iudgment to discerne To gaine credit in court and to be courted with letters from great ones was more esteemed than the aduancement of Religion king or Conrry vae filii desertores non per spiritum meum c. habentes fiduciam in vmbra Aegipti some of our owne Committee in lieu of solliciting the cause of God of religion king and Contry wherwith the kingdome intrusted them became actiue instruments for the aduerse partie and busie Postilions from one Commander and from one Gentleman to an other to sollicit them to a defection and some of these are knowne to haue receiued priuar letters from great ones with whom to ingratiat themselues what would they not attempt though when matters are well discussed it shall appeare to the world that they proued such bad Proctors as marr-d all the busines and hindred irrecouerablie vnles God streatch forth his helping hand both king and Contry were they soo diligent in promoueing the cause of God intrusted to them by the kingdome they would at least shew themselues soe prouident and carefull as they Would cause these missiues Royall or the substance of them for soe much as concerned the repeale of the penall lawes and suspension of Poyning act to be inserted in the articles of peace that the Contry might haue some consolation and religion some Securitie But if yow marke it well they haue followed the instructions of the aduerse partie against whomthey were imploied and not of the kingdome for which they were imploied referre all things to the king saith the aduerse partie and that is don though
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 coÌ„clude a peace is entirely in the Marques yet hath hiâ— 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 commiâ—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 commaÌ„ds the repeale or present taking away of the penall lawes without any lymitation or exception the Marques of
Nicholas Plunket Sir Robert Talbot Sir Richard Everard Dermot O Brien Patricke Darcy Geofrey Browne Iohn Dillon and Richard Martins Esquires authorizing them or any five of them to treate agree and conclude with the Maâ—ques of Ormond a firme lasting and setled peace in such manner as they in their iudgements should thinke fit and most available for the said Catholiques and generall good of this realme 34. For the Councells warrant to grant this commission they alleage in the same act an act past in the generall assembly held at Kilkenny the 20. of Iuly 1644. Where say they in the act of their Councell the said assembly authorized the foresaid 13. persons to treate agree and conclude with the Marques for setling and concluding of a sirme and perfect peace otherwise to conclude of a further Cessation Where the Reader is carefully to observe that the assembly according to the Councels own relation appoints indeed those 13. persons as a Committee of the Treatie but doth not limit the same unto any five of them as the act of the Councell hath done I have made search among the Acts of that assembly but could not finde any act dated the twentieth of Iuly 1644. I have indeed found an act of assembly made 10 Augusti 1644. where it is ordered that the undernamed shall be super added to the Commissioners lately authorized by Commission to goe to His Maiestie now to goe to the Lord Lieutenant to treate with his Honour for setling a firme peace within this Kingdome or a further Cessation of Armes The persons undenamed are the Lord Archbishop of Dublin Earle of Antrim Lord Viscount Mountgaret Sir Richard Everard Patricke Darcy and Iohn Dillon Esquires The Commissioners to goe to His Majestie were the Lord of Muskerie Nicholas Pluaket Alexander Mac Donnell Sir Robert Talbot Colonell Dermot O Brien Geoffrey Browne and Richard Martin The like Commission was made by the second and last Supreme Councell unto the same Committee of Treatie de verbo ad verbum as appeareth in the abridged registers of the Acts of the same Councell 35. To shew the insufficiencie defects and nullitie of the said commission wee neede not entertaine sharpe-sighted Lawyers the errors and defects thereof are so grosse and palpable as men meanly versant in that profession may without difficulty discover them Wee say then in the first place that it appeareth not by any act of assembly that I could light on that either of both Councells were ever authorized or enabled by the Kingdome to give any Commission to the foresaid Committee of Treatee either to treate of or conclude a peace with his Excellency Not in any act of assembly past the twentieth of May 1644. as the foresaid Commission given by the first Councell doth mention for no such act can I finde in the Records of the assembly notwithstanding I have together with the Clarke of the assembly made diligent soarch for the same As for the Act of assembly 10. Augusti 1644. even now mentioned number 34. you see the kingdome selected indeed the foresaid Committee of Treaty but never by that act authorized the Supreme Councell to give them a Commission to that effect Yet that such an authoritie is necessarie is supposed by the Councell it selfe which groundeth it selfe on the like authoritie as you have heard numb 34. for as the assembly onely in the name of the whole kingdome and not the Supreme Councell had power to send Commissioners to His Majestie so the Assembly onely and not the Councell had power to send Commissioners to His Lieutenaut to treate and conclude a peace Yet supposing such a Commission or power were given by the Assembly unto the first Supreme Councell wee say in the second place the same or the like commission and power ought to have beene renewed by act of Assembly and given unto the new Supreme Councell authorizing them to give Commission to the foresaid committee of Treaty to conclude a peace and to guide and direct them therein because if any such Commission was given by any assembly unto the first Supreme councell both that commission and any other commission given by the Councell in vertue thereof to the Committee of the Treaty is extinguished and dyes with the same Supreme Councell because as morte mandantis so morte mandatarij extinguitur mandatum saith the law as by the death of him that gives a Commission or mandat so by the death of him that receives it the Commission or mandat is extin guished If he for example that gives or receives a letter of Atturney to prosecute a cause or to doe any other service dyes the letter of Atturney dyes with him The same wee may say of Agents or Ambasladors sent from or to any Pâ—inces or Prelates Accordingly wee say that the first Supreme Councell being removed from that office are civilly dead and therefore any authority given them in this particular or by them in vertue thereof given to the Committee of Treatie for in these two respects the Councell may be called Mandatarij and Mandantes is extinguished and dyes with the late removed Councell 36. It is true that the common power and authoritie given to the Supreme Councell by the Modell of Government may peradventure descend upon the succeeding Supreme Councells because by the Modell of Govurnment that common power is expresly declared to be conferred by the Kingdome on the Supreme Councell for the time being but the case is other wise in this weighty matter whereon depends the securitie and safetie of Religion King and Subject and therefore being transcendent and extraordinarie it must be acted by and concluded by transcendent and extraordinarie power and as the Commissioners appointed to goe to his Majestie must have beene established and appointed by the whole Kingdome because indeed their imployment concerned the whole Kingdome so for the same reason the Commissioners appointed to treate with His Majesties Lieutenant in this particular must be authorized either mediatly or immediatly by the whole Kingdome for as much as their imployment concernes the whole Kingdom If His Majestie did conferre any power or authoritie upon any Corporation which hee would have to continue in the succeeding Magistrats thereof hee is carefull in his patents or Charters to use these words to the Maior or to the Maior and Citizens for the time being to shew that his intention is not to make this power personall onely but in that commission which the first Supreme Councell pretend to have had from the assembly there are no such words used authorizing the Supreme Councell for the time being Much more may be here said which I leave to our learned Lawyers discussion whereof some vnto whom I have propounded this difficultie have assured me that for this respect the Commission given our Committee of Treaty by the Councell wassufficienr and invâ—alid And when I admired that the Supreme Councell dared attempt such an enterprize without a full and
onely the Lord Marquesse his forces and those forces how great are they that they may not be repulsed And seeing we neede not feare the enemies this yeare why should not wee hope that even the souldiers that are in Mounster may after this present expedition be turned to the defence of Leinster and by what other wayes soever to preserve Leynster Wherefore right honourable it must be concluded that that peace must in no sort be made neyther must it be treated of before the things mentioned be notifyed unto you least by an imaginary utility of repose you leese your estimation with Christian Princes Be these spoken over and above what in my Protestations and in my letters to the Supreme Councell I have sufliciently declared praying that your Honours would ponder them with the same spirit I wrote them namely for the sole increase of the Catholicke Church and the true and solid felicity of Ireland which felicity God alone and the Catholicke faith is able to give all things else concluded whatsoever the world and the followers thereof can say Thus farre elegantly religiously the Lord Nuucius in Latin §. 14. An abridgement in English of a third Letter in Latin dated 25. Iumj 1646. and sent to the same Councell and Committee by the Nuncius in answer to their Letter 14 HAving acknowledged the receipt of the Councell and Committees letter above mentioned hee first shewes wherefore he did not sooner communicate the protestations to them Know therefore saith he that therfore the said protestation hath beene made by me when in the moneths past it was vehemently doubted and not without cause that the Supreme Councell and Committees would then by all meanes conclude a peace with the Lord Lieutenant and not expect the articles transacted between his Holynesse and her Majesty the Queene of England and by consequence that they would preferre any other peace before the Popes peace which contayned most honourable and most plentifull conditions for this kingdome And when I presented this my griefe unto the Prelats Clergy they without reluctancy of any subscribed to my opinion according to the reverence they ought and doe beare to his Holynesse But wherefore the protestation was suppressed I alone am the cause thereof being not willing to shew it untill I were compelled through great necessity and desiring for the love and observance I beare your honours that it could be perpetually suppressed but wherfore I have in this present state of things manifested it this was the cause that your honours might seriously consider that both Clergies are yet much more ready to subscribe unto it againe if any peace be concluded that may be any way scandalous or lesse honourable for Religion when as for the expectation of the articles of Rome they so readily subscribed thereunto 15. He denyeth that they communicated unto him the manner of their proceeding in the treaty saying though they still informed him of many missions of the Committee to Dublin yet it is also certayne that they never spoke unto him untill the moneth of March of the peace with the Marquesse now subscribed nay it was expresly denyed although I oftentimes shewed that I understood from many places of such a thing and when after the notable declination of the Kings Majesty and the wonderfull change of the state of things I wrote two letrers to your honours the one the 27. of April the other rhe 5. of May sent from Kilkenny wherein I endevoured to shew that no peace could be made with the Marquesse c. I vehemently grieved I could get no answer to them neyther were the letters publickly reade in the Committee nor the reasons pondered c. whereof there can be no other cause than that hidden conclusion of peace which could be no way dissembled if answer were given Whence I might easily suspect that which for many moneths hath beene bruited namely the magnificent proclayming of the communication of all matters with me and my consent therunto that by such reports the people might be drawne with more alacrity to consent unto this intended peace Which thing most illustrious Lords imposed a great necessity on me if an honourable peace were not concluded to admonish the kingdome and the chiefe Cities thereof that I never gave assent thereunto least I should seeme by my silence and presence to blemish the most holy intention of his Holynesse who urgeth nothing more than this free publike exercise of the Catholicke Religion c. 16. Vnto the necessities alleaged by the Supreme Councell and Committee he answers no necessities could be so pressing as to force the Confederats to make any peace or to accelerate politicall conclusions without an honourable addition of things Ecclesiasticall also c. and that the cause why such plentifull succours as they expected from Rome came short of their expectation was that at Rome it was held that the Supreme Councell Committees by their Cessations with the Lord Lieutenant did corrupt the good successe of the affaires and the progresse of their victories whereby they injur'd themselves and his Holynesse which opinion grew so strong in Court as the same was insinuated by the sacred Congregation unto the Nuneius himselfe when he was there among those of the wisest sort grew so violent as it can hardly be now blotted out He addeth further though the succour by himselfe brought being considered abstractively were indeed very little in respect of what his Holynesse and other Princes of Italy together with the cardinals resolved to send yet ought they to be esteemed much considering the povertie of the See Apostolicke which by the last warres was in a manner exhhausted and the charge of sending hither an Archbishop a Nuncius Apostolicke c. which was an undoubted pledge of further succours from time to time neyther ought they to be esteemed small succours without which the Armies could not be timely sent into the field this yeare and by which in Vlster two great victories have beene obtayned a whole province freed such a slaughter made of the enemy as was not heard of these foure hundred yeares which with the hopes of Prestons victories in Connaght are strong arguments that the monyes given by the See Apostolicke for the advance of the Catholicke Religion doe bring forth immense fruit even to miracle if with due confidence estimation they be received employed 17. He urgeth the affaires of Vlster to proceed so well as that Province was never in better condition that the proceeding of Connaght was not of lesse hope and that if Bunratty were besieged as it ought the Army that was in that Province might be sent to Mounster and so three Provinces recovered in the residue of this Summer VVherefore saith the zealous and incomparable Prelat seeing the Marquesse of Ormond alone remaynes who may oppose himselfe to the Confederats I pray you what reason have you why you should feare him if
he may neyther joyne with the Scots now overthrowne and that he is in such want of monies as hee hath beene forced to beg three thousand pounds from your Honours these later moneths to make up souldiers for from England there is no danger that any succours shall come unto him this Summer Give me leave right Hhonourable to speake freely to you this favour miracle of heaven requires from you some compensation or thankesgiving this can never better be payd by you than by laying aside all feare and by increasing your confidence in the divine ayde 18. He goeth on egregiously shewing there was no necessity on our part nor any power or authority on the Marquesle his part to make a peace that more prejudice would arise by such a peace than by warre as first the dishonour which thereby might redowne to the Nuncius Secondly the dishonour unto the whole Nation among Christian Princes abroad Thirdly the distaste of the See Apostolicke that the worst of all peaces should be preferred before his which was the best of all Fourthly that it was as good to make no peace at all for the Church as to trust Glamorgans peace being now recalled by his Majesty by Glamorgan himselfe abandoned and the condition no way performed Fiftyl the ruin of the Catholicke Faith by raysing unto the chiefe government a Protestant Lieutenant Sixtly the danger of resuming Armies when the enemy is put in the height of authority and power Seventhly the assurance of no reconciliation with the Pope if the peace were concluded Eightly the exile of the Nuncius Ninthly the just feare of loosing whatsoever the Confederate Catholickes have gayned 19. He fore warnes them of their dishonour among Catholicke Princes to whom he must publickely notifie his dissent from that peace and adviseth them by no meanes to goe forward in the peace if there were any difficulty that a Generall assembly should be called upon to determine the same the least mischiefe should fall on their owne heads alone and least they might be thought to have examined lightly and contemptibly the Popes reasons Thus farre the Apostolicke Legat where you are to observe that after this answer was made by the Lord Nuncius and before the peace was legally concluded Bunratty and Roscoman were gayned by the Catholick Confederats and Prestons Trophyes erected by purging all Connaght Sligo onely excepted of the Scots whereof more numb 32. §. 15. The Authors observations on the Councell and Committees Letter above mentioned §. 12. and their reasons to conclude this peace resuted 20. THe Author observes in the first place that the Councell and Committee acknowledge the receipt of the Nuncius and Clergies protestation against any peace to be made with the Marquesse of Ormond together with the Lord Nuncius his letter to the same effect In which the Nuncius declares the cause of his opposition to such a peace namely untill first the splendor of the Catholicke Religion be â—stablished and with the articles published For this cause chiefly the Catholicke Confederats tooke up armes as appeareth by their severall Declarations Remonstrances to his Majesty solemne Oath of Associaâ—ion Modell of government and severall acts established and published in both the Assemblies held in Midsummer 1645. and February 1645. The same is confessed by the Councell and Committee in this very answer sent by them to the Nuncius Templa aedes sacrae altaria aur haereticorum polluta insâ—rviebant vesaniae aut solo aequaeâ—a jacuerunt penes Protestantes c. pro aris focis Regis sui indubitato jure bel lum inerâ—es moverunt See as yet more amply in their owne Declaration and other evidences hereafter to be produced upon these grounds and upon the promise made by the same Councell under their owne hands and delivered to Master Spinola that they would never make any peace but what the Lord Nuncius would consent unto whereof mention is made in the Lord Nuncio his protestation above and hereafter shall be made more susely the Lord Nuncius and with him the clergy confidently avouched he would never consent unto any peace untill first the splendor of the Catholicke Religion were established and with the articles published With the Lord Nuncius and Clergy agree the soundest and all the disinteressed part of Councell and Committees whom those others who concluded this pacification or peace in expectancy terme the ill affected of the Councell c. and with these also conspire the whole kingdome in then severall protestations and acts published in the Assembly held in Midsommer 1645. namely 2. 4. 9. 11. 13. Iunij 1645. and 14. 18. 21. 28. of August and in the assembly held in February 1645. namely 5. 7. 9. 10. 12. 19. c. The two powerfull Armies such as never yet were seene in Ireland raysed and gathered together on a sudden even then when the late Councell had exhausted Pope Clergy and kingdome to defend the publicke cause doth confirme the generall dissent of the Confederat Catholickes from that illegall unsafe and unsecure peace which defence had proved the most fortunat to Religion King and Countrey that ever Ireland saw had not faction and sedition preverted the happy successe thereof But Expecta Dominum viriliter age confertetur cor tuum By all which it appeares how far they erred who in their foresaid answer to the Nuncius affirmed that the chiefe Cities Counties and Commanders were glad to embrace ANY PEACE c. Experience hath taught theÌ„ ere now the contrary notwithstanding the multitude of conspiracies wrought to seduce such Cities and Commanders 21. To prove the revocation of the Committees commission by the said protestation wee say that as the body politicke of this Kingdome is composed of two parts the spirituall and the temporall so ought not the temporall part alone aslume such authoritie to it selfe as to conclude a peace for the whole body even then when the spirituall part positively resisted That the temporall part should dispose of the lives livelyhood liberties and estates of the spirituall part at their owne pleasure without their consent was a sacrilege practised in the apostaticall dayes of Henry the eight yet did he still preserve the Catholique faith and established severall acts of Parliament for securing thereof onely hee erred in the point of Supremacy In our dayes the one and the other is taken from us a few secular men not only dispose of the lives livelyhood liberties and estates of the Church but also distroy Faith and Religion by giving the same over unto the Tutelship of the sworne Enemies of Faith and Religion and as if they were emulous of the prosperitie of holy Church have renounced those great graces which our Soveraigne conferred on us for the conservation and free exercise of our Religion and accepted of his subject whom they know to have at least indirectly vowed the ruin of Religion abject pernicious conditions destructive to Religion Nothing now is wanting but that they imitate
Archbishop the Clergie are fully satisfied and doe rest content with what already is agreed upon concerning that particular Words to the same effect I reade in my diurnalls of the assembly 19. 20. 23. February 1645. wherein the Nuncius himselfe confirmed the above mentioned speech of Glamorgan and Glamorgan himselfe signified againe in publicke assembly that our peace then was to our owne hearts desire But all this being after changed as you heard and the King himselfe being reduced to that deplorable condition as neither his Majestie nor his Lord Lieutenant were able to make good any conditions to be agreed upon in the behalfe of the confederate Catholiques the committee of the Treaties commission if any they had was extinguished and they to discharge their owne conscience and the trust imposed in them and withall to avoid the suspicion which the Kingdome conceived of them should endeavour by the mediation of the Supreme Councell and committee of Instructions to have an assembly forthwith called as the Lord Nuncius earnestly desired in the behalfe of the Clergie and Kingdome And seing by the words of the Archbishop of Tuam the point of Religion and Church was otherwise concluded and agreed upon betweene the Clergie and the Kings speciall commissioner they had no commission to treate or conclude any thing to the prejudice thereof with any other Now if they will obstinately insist upon it that the Clergie or spirituall member of the body politicke of this Kingdome could not recall the power or commission granted unto them by the whole body surely they will not be so perversly obstinate as to deny they may recall the commission for so much of the matter to be treated of as belonged to themselves namely the affaires of Religion Church and Church-livings Iurisdiction c. Yet I am of opinion if one of three Marchants who are partners contractu Societatis or otherwise recall a procuration or letter of Atturney made by the three to one Factor to negotiate their affaires the revocation is valid and good More examples and authorities I leave to our Lawyers to be alleaged Lastly to come to a period in this particular you see by the diurnall of the acts of Assembly 19. February above mentioned the words goe not so that our councell or committees should expect untill May the conclusion of any peace and that the Nuncius desired no further time as they insinuate in their answer but that the conclusion of the peace betweene the Lord Nuncius Glamorgan and Committee could not receive full satisfaction untill May. By which words alone if all other reasons were wanting their objection is blasted Yet let us againe suppose a falshood that the Clergy did once consent that the Committee of Treatie should after May conclude a peace with the Maâ—ques of Ormond who may doubt but they might afterward absolutely recall any such consent and that the committee being certified of such revocation could not validly proceede See the decretalls lib. 1. de Rescriptis Tit. 3. cap. 33. and the glosse thereupon where a Rescript obtained by a Proctor or Atturney after revocation of his procuratorie is declared invalid by Pope Gregory the ninth which may very fitly be applied aswell to the Revocation of the Marques of Ormonds commission as to the revocation of our committies commission A fourth observation refuting the allegation of the Councell and Committee affirming that the necessitie and calamitie of the Kingdome enforced them to conclude this peace 30. To the objection made concerning the necessity of our countrey and want of meanes to prosecute the warre a threefold answer is returned First that by conjunction with the Marquesse of Ormond upon such sordid conditions such necessity is rather augmented than any way decreased as appeareth by what wee have observed above and in the first part of this survey in our observations on the 25. Article for by that peace were it accepted we were tyed to maintayne not onely the Catholicke Confederats army and the Garisons in their Quarters but also all the armies and Garisons belonging to the pretended Protestants in the foure Provinces of Ireland wee should be at the charge to maintayne the Marquesse of Ormond his followers the Lord Digby and other pretended Protestants that throng hether which would be more burdensome to the kingdome than the maintenance of an Army in the field to speake nothing of the danger whereunto the Catholicke Religion would be driven by entertayning such guests whose imaginations and endevours are wholy employed in sowing sedition and division among the Confederate catholicks to the end they might ruine this poore Nation suppresse religion and rayse up heresie unto whom when the catholickes have done the most charitable offices they may they must expect no other reward than that which the ten Leopards gave unto the martyr saint Ignatius We may foresee our future calamitie by such conjunction in the present calamity wherin the distressed Catholicks in their Quarters are The pretended Protestant party have neither meate money amunition or other provision for warre How then doe they expect to be relieved but by the Confederate Catholickes There were but three hundred pounds in our Treasury at Kilkenny when the Marquesse of Ormond came thither which were commanded by the late councell to be forthwith given to that handfull of souldiers that wayted on his Excellency to Kilkenny from Dublin There are at least fourteene thousand pounds due on the Marquesse of Ormond for the maintenance of the protestant Army and Garisons in his Quarters as appeareth by the Treaty past betweene his Excellency and the commissioners sent unto him by the parliament Who doubts but that great summe would be racked from the confederate Catholickes if once they joyned with him upon the rejected peace I pâ—sse by the 1200. or 1500. pounds given to the Lord Digby c. adde hereunto upon conjunction upon a peace so disadvantagious to the catholicke faith the succours expected from catholicke Princes and Prelats abroad would be wholy subtracted from us without whose succours wee shall never be able to subsist on the other side the pâ—otestant party expect nor a groat from any their allyes at home or abroad 31. Our second answer is that the loud cry of the people and that confirmed by the Lord Nuncius his letters above is that our late Supreme councell themselves are the chiefe cause of such weakenesse and necessity aswell because they continued for the space of three yeares a tedious chargeable and needlesse cessation with the Marquesse of Ormond by which meanes the Parliamentary rebels in the North Conaght and Mounster who at first accepted the cessation had leasure enough to strengthen themselves who having sufficiently furnished themselves from England and other places rejected the cessation and put in practise their hidden treason as also because they consumed vast summes of mony on the Marques of Ormond and other known enemies of Religion without any necessitie
pax Ierem. 6. 14. See 1. part art 15. c. And p. 2. § 2. See hereafter numb 35. The danger of the kingdome aggravated by the foresaid Councels Letter unto the Nuncius taken away before they concluded any peace 33. IN that Letter you have heard the Councell and Committee aggravat vehemently the dangerous state and condition wherein then 1. Iunij 1646. the kingdome was and to avoyde this danger they would needs make any peà ce upon what conditions soever This was the chiefe pretence they had to make this unhappy peace Now marke the just judgement of God discovering the corruption of this pretence before ever they concluded this peace this dangerous state and condition wherein the kingdome then stood was quite taken away by the wonderfull hand of God insomuch as Ireland was never in a better posture or condition than it was when they concluded this peace Marke it well I pray you the peace was never concluded untill the 29 of Iuly 1646. neyther were they by vertue of any anteriour contract bound then to conclude that contract as above I have proved but they remayned still in their full liberty till the foresaid 29. day of Iuly to conclude or not conclude a peace Before that 29. day of Iuly namely the sift day of Iune the glorious victory against the Scots in Vister was obtayned by the Confederate Catholickes under the conduct of the renowned Commander Eugenius O Neyle and by that meanes the dangerous state and condition of that part of the kingdome quite taken away On the 7. of Iuly which was 22. dayes before the peace with Ormond was concluded the noble and vigilant Commander Preston after deleating all the power strength of the Scots-horse which was upwards of 600. reduced to the obedience of the Confederate catholickes for his Majesties ufe Roscoman Abbey of Boyle c. and immediatly freed all that Province of Connaght Slygo onely excepted from the infesture of the rebellious Scot and had cleerely chased them out of Slygo also had not this wret ched peace given interruption to his fortunat endevours Sâ— as the dangerbus condition wherein that Province was likewise taken away before the foresaid 29. of Iuly On the 13. of Iuly which was 16. dayâ—s before the foresaid peace was concluded Bunratty was taken in the enemies chased out of that part of the Province of Mâ—unster so as the greatest danger which might be there feared was also taken away Et persecuti sunt filios superbiae prosperatum est opus in mambâ—â— eoruâ— This expedition was done by the army commanded by the Lord Viscount Muskry seconded by the auspicious accesse of the most Illustrious Iohn Baptist Archbishop Prince of Firmo Nuncius Apostolicke by whose largesses the foresaid armies of Vlster and Connaght were maintayned 34. Compare these with the Lord Nuncius his answer judicious Reader and judge whether our intrusted councell and committees have proceeded bona side in concluding this unwarrantable peace whether they have with that integritie which is sutable to the qualitie of such noble Catholiques discharged the trust imposed in them by the whole Kingdome in the weightiest affaires that ever concerned a Nation After that the God of Hosts had prodigiously rescued Ireland from those dangers and calamities which were imminent after that those great clouds which were feared to burst into a terrible storme had beene in a moment dissipated after the revocation of the Marques of Ormonds commission and of the commission given unto our committee of treatie after so many advertisments given unto them by the Nuncius and Clergie not to conclude any peace after so many exclamations of the Catholique confederates at home and of Christian Princes and Prelats abroad against the oblique proceedings of our intrusted partie and after the opposition made by the soundest part of the councell and committee It pleased the rest of them notwithstanding all this to conclude without power or commission this fatall peace whereby they have stopped our happy progresse in further victories and given occasion of the greatest division that ever yet hath been in Ireland Whereas if they were pleased to abstaine from concluding this fantasticall peace with our Enemie in one part of the Kingdome we had ere now had a true peace with all our enemie in all parts of the kingdome for indeed by Gods blessiâ—g we had either chased them out of the kingdome or we had forced them to such conditions as would secure Religion King and Countrey So as in very deed the making of this peace hath made a warre and no peace increased our daâ—gâ—rs necessities weakenesse and calamities but tooke noâ—e away Deceperunt populum meum dicentes pax non est pax Ezech 13 10. 34. It s remarkable how in then foresaid answer they aggravate only the present state condition of the kingdome in the temporallitie as if they weigheâ—â— not the staie and condition of the kingdom in the spirituallitie which was the point the Nuncius urged and the whole kingdome in their severall declaâ—aâ—ions resolved to rectifie They â—ffiâ—me that obedience due to his Majestre enforced them to any peace with what Divines did they consult to informe them how farre the subjects obedience to his Prince did extend Is it not knowne the divines that saâ—e in the same councell with them were against them can not wee render due obedience to our King without disâ—bâ—ying our God they ought to remâ—mber that lesson of the Aposties Oportet obedire Deo magis quam hominibus How shall we give to God what is due to God if we give all to Cefar and leave nothing for God But this was a worke of supererogation of theirs the Kings Majestie looked for no such blind obedience from them He gave them the repeaâ—e of the penall lawes they rejected them he gave them by publicke contract their Churches Church-livings jurisdiction and free exercise of Religion they contemned them Yet if they would needs appeare such obedient subjects why did they disobey the Kings letâ—er of the eleventh of Iune commanding no peace should be made with them I wish it appeare not their obedience was to the subject and disobedience to the Prince The Lord Nuncius in his Letters exhorteth them to fidelitie to their Prince and yet diswadeth them to mâ—ke any peace with the Marques protesting that all the damage that should befall the King and this kingdome by concluding that unjust peace should be imputed to them as to men who abuse their private affection and lucre to the destruction of the Common-wealth So as in the Lord Nuncius his opinion by whom our councell and committee should be directed if they stood to the principles of Catholique doctrine and their owne covenant with him its disobedience to the King to obey Ormond and to disobey him is obedience to the King 35. But the councell and committee in their foresaid letter to the Nuncius say they will ratify
Church did positively recall all Commissions given to such Committees or Agents as the Clergy of Ireland hath done in this present peace How generall soever a Commission may be yet this exception is alwayes involved therein that nothing that is unlawfull may be done by vertue thereof mandatum si generale sit solum prohibet quae licita non sunt which the law exemplyfieth by this case if a Commission be given to elect any one in generall tearmes to any dignity office or benefice it is to be understood that a fit one be chosen Vnde mandatum de aliquo eligendo intelligitur de eligendo idâ—neo What could be done more unlawfull in the execution of any Commission than what hath beene done by our Committee of Treaty in the execuâ—ion of their commission they rejected the graces our Soveraigne granted unto us for gayning whereof they had a Commission and engaged the kingdome in matters of high concernment for which they had no commission Can that peace be a good peace wherein thereis no securitie for our Religion lives liberties or estates The limitation of our Committee of treaties Commission proved out of the Modell of government by which Magna Charta is to be maintayned and the Church livings granted to the Catholicke Clergy 39. In the very first Article of the Modell of Government I reade thus Inprimis That the Roman Catholicke Church in Ireland shall have and enioy its priviledges and immunities according tâ— the GREAT CHARTER enacted and declared within the Realme of England in the ninth yeare of the raigne of King Henry the second sometimes King of England and Lord of Ireland and ofterward enacted and confirmed in Ireland and that the common-law of England and all the statutes in force in this kingdome which are against the catholicke Roman Religion and liberties of the Natives Marke the resolution to procure the repeale of the penall lawes c and other subiects of this kingdow shal be observed c. That every branch of MAGNA CHARTA all other statutes confirming expounding or declaring the same shal be punctually observed Know yee saith the King in that Charter That we in the Honour of Almighty GOD the SALVATION of the SOVLES of our Progenitors and Successors Kings of England to the ADVANCEMENT of HOLY-CHVRCH and the amendment of our Realme of our meere and free-will have given and granted unto the Archbishps Abbots Pryors c. That the Churches of England shall be free and shall have all her whole rights and liberties inviolable Reserving to all Archbishops Abbots Pryors Templers Hospitlers Earles Barons and all persons aswell Spirituall as Temporall all their free liberties and free customes which they had-in times past and all these customes and liberties aforesaid which we have granted to be holden within this our Realme asmuch as pertayneth to us and our heires we shall observe And all men of this our Realme aswell Spirituall as Temporall asmuch as in them is shall observe the same against all persons in likewise This great Charter which contayneth the immunities of the Church and liberties of the Subject hath beene confirmed by thirty Parliaments in the succession of 18. Kings Edward the third in the 14. yeare of his raigne augmented the same by the addition of five speciall priviledges granted the Church and Clergy and in the 25. yeare of his raigne added a surplus of nine priviledges more And this is it which the Earle of Glamorgan hath in part granted unto us and which our Kings of England have sworne to maintayne unto us Henry the 8. indeed deprived us of the benefit thereof I wish our owne bosome friends at home had not too neerely imitated him In all the articles of peace there is not somuch as once mention made of this GREAT CHARTER though it be the first and prime article the kingdome resolved to insist upon 40. In the six and twentieth Article of the same Modell of Government It is ordered and established that the possessions of the Protestant Archbishops or Bishops Deanes Dignitaries and Pastors in the right of their respective Churches or their Tenants in the beginning of these troubles shall be deemed taken construed as the possessions of the Catholicke Archbishops Deanes Dignitaries Pastors and their Tenants respectively to all intents purposes and that those possessions are intended within the precedent order for setlement of possessions And this publicke order of the kingdome you see is conformable to MAGNA CHARTA for somuch and agreable to the publick Declarations of the kingdome and other acts of Assembly The like limitation of the same Commission is expressed in both our declarations made anno 1642. 41. In our Declaration printed in France 1642. we declared it to be a meanes to reduce Ireland to peace and quietnes among other things that by act of Parliament it be declared that the Parliament of Ireland hath no subordination to the Parliament of England that Poynings act the penall lawes be repealed That all Marks of nationall distrinction betweene English and Irish be taken away by act of Parliament That the Bishopricks Deaneries and all other spirituall promotions of this Kingdome and all Frieries and Nunneries may be restored to the Catholique owners and that Impropriations of tiâ—hes may be likewise restored and that the scity ambits and precincis of the Religious houses of the Moâ—ks may be restored to theÌ„ but as to the residue of their temporall possâ—ssions it is not desired to be taken from the present proprietareis but to be left to them untill that God shall otherwise encline their owne hearts That all Plantations made since a. 1610 may be avoyded by Parliament if the Parliament should hold this act â—ust and their possessions restored to those or their heires from whom the same was taken they neverthelesse answering to the Crowne the rents and services proportionably reserved upon the undertakers 42. In our Remonstrance delivered to His Majesties Commissioners at the towne of Trim 17. March 1642. among many other grievances we desired redresse against the penall lawes of 2. Eliz. imposing incapacities on the Catholiques in places of trust honour or profit both in Church and Commonwealth against false inquisitions taken upon feined titles of the Catholiques estates against many hundred yeares possession against the two impeached Iudges who illegally avoided 150. letters patents in one morning for securing the subjects lives liberties and estates for exempting the Parliament of Ireland from any dependency on the Parliamâ—nt of England and for the power and authoritie of the same Parliament of Ireland against the dismembred Parliament of Dublin against the Continuance of poynings ast the lawes and incapacitie to sit in the next Parliament While our Commissioners the Lord Viscount Gormanston Sir Luke Dillon Sir Robert Talbot and Iohn VValsh Esquire presented this Remonstrance to his Majesties commissioners at Trim 17. March 1642. with hopes of redresse for our grievances and a happy accommodation the Marques of
the Supreme moderator decided the pious controversie and gave sentence as it may seeme for the resolution of the Clergy when by the articles of the peace concluded upon betweene the Earle of Glamorgan and the Confederate Catholickes his Majesty was pleased to grant unto the Clergy what they demanded herein 48. How our late Councell and Committees may be excused at least of negligence in not providing for the conservation of our Churches when they saw Glamorgans peace revoked I doe well know By the fourth article of the rejected peace they provided carefully for securing secular mens lands by the vacating of all Indictments Attayndors Outlawries c. and all Processes and other proceedings thereupon and of all Latters patents Graents Leases Custodiums Inquisitions c. that were taken on secular mens Lands oâ—â—ing secured for the spiritualâ—y The Arke is exposed to the depredation of the Philistines Gods house to the profanation of heretickes Christs patrimony to the invâ—sion of vultures Nay in lieu of procuring any act to secure us our Chuâ—ches or church lâ—vings by the second branch of the first article and by the second article of the rejected peace they rejâ—cted all former graces granted unto us that might any way secure us of our Churches c. as you may reade in the first part and first article Whether it was a greater sacriledge in Henry the 8. to take away by force our Churches and church-livings or in us to give them back freely without compulsion to be polluted by heretickes we leave to the censure of the judicious reader This much we adde to aggravate the offence that wee seeme to concurre with the sacriledge hetherto committed by such as injustly possessed Christ paâ—rimony and doe approve their usurpation by making restitution the Title which hetherto in them was invalid we render valid Chrysostome Ambrose Stanislaus Liberius Hosius Athanasius Hilarius and other Orthod oxâ— Champions of holy Church denyed to yeeld even unto Cesars so much as the possession of one only consecrated church to be profaned by heretickes and shall posterity record that the renowned Confederate Catholickes of Ireland without cause oâ— necessity yeelded unto any hereticke subject what their Cesar granted them To secure the Protestants against the Parliamentaries Ormond was carefull to article with their Commissioners because he was sure the Parliamentaries would turne the protestants out of their possessions as soone as ever they concluded upon the treaty but with the Commissioners for the Confederate catholickes in concluding the rejected peace he scorned to article any thing for the Protestants security or possessions because he was sure of them seeing there was no act or article of the peace eyther to debarre them from entring into possession or to preserve us in our possessions §. 17. The Committee of Treaty exceeded their Commission by obliging the Kingdome upon the Marques his peace to send into England 10000. men 49. VPon what conditions the Consederate Catholiques offered at first to His Majestie ten thousand men to succour him in England in appeareth out of our Remonstrance presented to his Majestie in Aprill 1642. whereof numb 42. how afterward we actually resolved to send them over and upon what conditions it appeareth by Glamorgans articles But that ever the Kingdome agreed to send over 10000. men upon the bare conditions of Ormonds peace as I never heard or read it so doe not I meane ever to believe it It is written on the backside of the rough dranght of the Articles of peace delivereâ— by Mr. Plunket and Mr Darcy to the congregation that the ill affected of the Councell would never consent to the articles but that they saw the impossibility of performance by the day of our part by the time limiâ—ted 28. March 1646. Marke I beseech you how first without any Commission they engage the confederate Catholiques in a thing impossible v g. to send over 10000. men by the 28. day of March which was the very day they entred into the engagement or by the last day of March for so I understood from one of the Committee wherein I referre my selfe to the defeasance peâ—fected to that puâ—pose To performe such an obligation by either of those dayes is knowne to be impossible after to cancell this obligation or engagement they force their fellowes of the Councell and Committees to consent unto those unfortunate articles of peace So as to escape the unjust obligation to send over ten thousand men we contracted a more unjust obligation to assent to an unjust peace 50 But what if Glamorgan would set upon us and demand of us to send over the ten thousand men according the contract past with him and present us as good assurance for the performance of his contract with us as Ormond can doe for his what will Ormonds dispensation given us not to send them over a vayle us Sure I am the catholicke confederates were ready enough on their part and as I have beene informed the Marquesse his owne Commissioners from Dublin tooke aview of the muster of sixe thousand of them for so many were to be first sent over but the Marquesâ—e had not provided any shipping to carry them away Wee were tyed to bring them no further than to the Sea-ports and every man knowes the Marquesse provided not the least vessell to bring them away neither had he so much as a chiefe commander to conduct them over So as whereas our committee would needs purchase a dispensation at so deere a rate as the condescending to so unjust a peace they ought rather to stand upon their justification and to shew the confederate Catholiques performed their part but that his Excellency performed not his part in providing shipping But alas it is knowne these projects have beene invented to cast of Noble Glamorgan as heretofore they cast of Noble Antrim both whose powers if wee made use of as wee ought wee might have spared many frivolous and chargeable journeyes to Dublin §. 18. An abstract of the letter sent by the Supreme Councell in October 1645. upon Mr Spinola's arivall unto the Lord Nuncius then being in France wherein the state of the Kingdome is set forth and a promise made to conclude what peace the Nuncius should thinke fit 51. MOst illustrious and most Reverend Lord in the last generall Assembly of the confederate Catholiques aswell the Ecclesiasticks as the Seculars by unanimous consent did determinatly agree upon certaine postulations conditions and upon the meanes to obtaine them which if they may be obtained the honour utilitie and splendour of the Catholique Religion and of the Professors thereof in Ireland shall bee excellent well provided for c. and unlesse these postulations and conditions be obtained and the promisses thereupon made fulfilled and by a free act of Parliament confirmed c. necessarily the warre must be continued 52. The treatte of peace upon the foresaid postalations and condiâ—ions long since instituted is continued they dispute for the least thing in no
part thereof is it yet conâ—luded neither is iâ— knowne when any conclusion shal be Certes if peace were concluded nothing else thence followeth than repâ—se and as it were a certaine cessation untill it receive sull perfection and accomplishment by parliament and when this Parliament shal be yea whether it shall ever be seeing it de pendson very many accidents it s altogether uncertaine and when the Parliament shal be assembled we have recourse to armes if any dâ—ssention arise meane while the government of their owne Quarters as hetherto and of their Churches of their Emoluments and of the passessions of all their things doth remaine in the hands of the confederate Catholiques 53. Out of which and out of many more reasons which in the same Epistle the councell doth alleage they prove the necessirie of the Nuncius his pâ—esence in Ireland and to that end doe not onely invite but also uâ—ge and presse him as well by this and other letters as also by speciall messengers sent into France to come into Ireland asâ—â—ing him further that the Ecclesiasticall â—urisdiction in the conditions of peace deman ded and derived from His Holinesse is and shall be in the hands of the Catholiques independent of the Protestants to the promotion pro pagation and secure preservation whereof the presence of the Nuncius Apostolicke is necessarily required c. having promised unto him a place of Residence where the supreme government of the kingdome should be together with a guard to wait on his person they shew the constancie of the Catholiques of Ireland in their Religion their Christian fortitude in attempting this holy warre even without armes ammunition or other provision against he enemies of Religion King and Countrey and unto the difficulties propaunded by the most noble Spinola concerning the oath of â—upremacie the admission of Catholique Bishops to the next Parliament and the governement whither the same should remaine in the hands of the Protestant Vice Roy they answer that the Irish Nation by no meanes dangers or hazard of life and fortunes for these hundred yeares past could ever be induced to acknowledge the temporall Prince to be Sâ—pâ—eme head of the Church or to submit themselves to such an Oath much lesse doe they meane hereafter to submit themselves thereunto and that in the last assembly by universall voice and voâ—eâ—t was concluded that they would perpetually insist upoÌ„ the taking away of the same oath that they believed the pseudo Bishops would not dare appeare in the next Parliament that they had great hopes and grounds to exclude them from thence and though they were present yet may â—ot they prejudice our affaires sâ—eing it is extant in our conditions that they are to have no â—urisdiction in causes appertaining to the Catholique Religion and the professors thereof c. 54. Vnto the third difficultie concerning the government of the Kingdome by a Protâ—stant Vice Roy they answer that neither the whole govermnâ—nt nor the government of all the sorts or cities shall be in the hands of the Vice-Roy there shall be catholiques in the councell of state and they â—hall be governours of many cities the Ecclesiasticall hierarchâ—e shall be the catholique clergie out of all these there shall be a body politicke composed of catholiques c. the chiefe member of which body shall be the Nunoius of the See Apostolique who shall make choice of the most secure citie wherein he may keepe his residence and that body politicke of catholiques shall defend his dignitie and securitie with the hazard of life and fortunes so we in the name of all the confâ—derate catholiques ex nunc â—unc doe promise and therein oblige the publicke faith of the whole Kingdome And this meane and this remedy is sufficient c. to secure the Apostolicke Nuncius being in this Kingdome from any disgrace or danger Adde hereunto presently upon the arivall of the most illustrious and most Reverend Nuncius having considered the conveniences and inconveniences of our-state and affaire VVE VVILD DOE VVHATSOEVER HE SHALL THINKE expedient Observations on the foresaid Letter or obligation 55. The Reader is first prudently to observe that the postulations mentioned number 51. are the seaventeene propositions and the 14. additionall propositions whereof wee have made frequent mention in the first part those acts of assembly and other orders above mentioned VVhich Unlesse they were obtained and by Parliament confirmed the warre was still to be continued Our committee have concluded the rejected peace and the same councell that made this promise in the name of the Kingdome two onely excepted hath confirmed the same and yet the conditions or postulations above mentioned nor the tenth part of them have been by our committee of treaty obtained as the Reader may cleerely behold in our observations on the articles of peace part 1. 2. The councell numb 52. doe acknowledge they know not when the Parliament will be and doe informe the Nuncâ—us that untill tâ—e Paâ—liament be the government and jurildiction Churchâ—s possessions c. must still remaine in their owne hands aâ—d yet by the articles of the peace they are taken froÌ„ us before not the least appearance of securitie for our Churches or church-livings much lesse of exemption from the Iurisdiction of the Protestans clergie It is true that when this obligation was made Glamorgans peace was in force by which our Churches and Church-livings Iurisdiction and exemption from the power of the Protestant clergie was in some sort secured unto us but that peace being recall'd by his Majestie before Ormonds peace was concluded and the condition on our part upon which thaâ— peace was grounded being not performed it wâ—s a notabâ—e breach of publicke faith in our councell inexcusable ever to approve or condescend to â—he Marques of Ormonds peace and the matter is so much the more to be aggravated that the councell themselves did seeme to wave the bâ—nefit of Glamorgans peace upon the Protestation made against it by the Marques of Ormond 3. By our observations on the first article in our first part it appeareth that neither Ecclesiasticall â—or Secular is exempted from the Oath of Supremâ—cie so as in this particular also whereof numb 53 publicke faith is broken with the Nuncius Touching the Protestant Bishops sitting in Parliament and the continuation of a Protestant Vice-Roy see our observations on the 10. 12. and 14. article part 1. 4. Nothing that is promised numb 54. is performed or true and if the rejected peace were accepted the body politicke of the confederate Catholiques had beene dissolved the Nuncius forced with disgrace to fly the countrey and no confederate catholique secured of his Religion life libertie or estate 5. By the last particle our councell obliged the Kingdome upon the arrivall of the Lord Nuncius not to rely upon the Earle of Glamorgans owne peace if the Lord Nuncius thought any other peace more expedient which is the matter which
by act of assembly 26. of Iuly 1644. Where it was declared full and binâ—â—ng without addition they declared perjured who affirme the said Oâ—th admits any equivocation or mentall reservation By observing each branch oâ— this Oath every indifferent man may discover wherein the contrivers of the late rejected peace have violated the same I may not here insist upon all branches take Reader these few notes onely upon some First they have not maintayned the power and priviledges of the Parliament of Ireland as well because they wilfully rejected the suspension of Poynings act and resolved nothing for the repeale thereof as also because they have not established any thing efficatiously to exempt it from any dependency on the Parliament of England Secondly they have not maintayned the fundamentall lawes of the kingdome chiefly MAGNA CHARTA and those other lawes which are ampliations and explications thereof and sseighted the prosecution of those who have been impeached by the whole kingdome for overthrowing the said fundamentall lawes Thirdly they have not defended upheld or maintayned the free exercise of the Roman Catholicke saith and Religion throughout this land forasmuch as they have concluded a peace without procuring a repeale of the penall lawes surrepâ—itiously established since the dayes of heresie against the free exercise of the same Religion Which repeale was graciously condescended unto by his Mâ—jâ—sty in his letters to his Lord Lieuteâ—aâ—â— of the 27. of February 1644. 61. This branch of the Oath was corroborated by act of assembly by our 17. propositions and by our frequent Declarations wherein we resolved never to make a peace without the repeale of these penall lawes Whether Glaâ—â—â—gaâ—s peace were to be deemed valid or invalid it was their part to presse the Kings Lieutenant to comply with his Majesties command for repealing the penall lawes The free exercise of religion intended by those that tooke that Oath was understood to be somewhat more than that which we had before these distempers Ergo by the free exercise of Religion they understood the free exercise thereof in Churches for before these distempers they had the free exercise in privat houses c. This interpretation is confirmed by the act of assembly wherein it was unanimously ordered never to restore any the Churches in our possession By this peace nothing is established to secure us of the free exercise of our Religion either in Churches or privat houses the governement of our Cities and Garisons together with the command of our Armies is given to the enemies so as whatsoever the Assembly hath enacted for keeping the churches would be infallibly fiâ—strated there being nothing to debarre the protestant Ministers to reinvest themselves in the same Churches Wherefore the Clergy proceeded prudently when they resolved that they ought to make a positive act for preservation of their Churches 62. Fourthly they have not according to their oath defended the possessions estates and rights of all those that tooke the oath of association particularly that of their fellow-members the Clergy as above you have heard As for the provision they have made for the seculars lands and possessions in the fourth article its certaine the same is in no sort valid untill it be confirmed by Parliament which when it shall be they doe not know See our observations on the fourth and fifteenth Article Fiftly that the said Councell and Committees have at least indirectly done severall acts to the prejudice of the cause of God is evident by what proofes wee have hetherto produced So as all things being well pondered it s no lesse evident that the severall decrees given by the clergie against such as contrived perfected and approved the said peace is most just and valid qui autem superbierit nolens obedire Sacerdotis imperio qui eo tempore ministrat Domino Deo tuo decreto Iudicis morietur homo ille auferes malum de Israel See above number 46. What may be pressed against the contrivers of this peace out of the first branch of this oath concerning the allegiance and loyaltie due to our Soveraigne and this commonwealth wee willingly omit hoping that God of his mercy will in his owne time produce a happy atâ—onement for the reliefe of this distressed Nation §. 21. That the Excommunications fulminated by the Lord Nuncius and Ecclesiasticall congregation against such as adhere to the late rejected peace is both just and valide 63. We are here to suppose that which faith teacheth us to wit that in Gods Church there is power to excommunicate and that the same power hath beene practised by the Apostles themselves and their successors men constituted in Apostolicall jurisdiction The cause of Excommunication according the received opinion of Schoole-men grounded on the Canons is deadly sinne yea veniall sinne is a sufficient cause Excommunicationis Minoris In consequence to the foresaid Decree of perjurie other decrees were made by the said congregation and particularly one dated the 17. Augusti 1646. imposing upon such cities and townes cessation from Masse and divine office that would admit the publication of the peace On the first day of September following a comminatorie excommunication was set forth against those that would adhere or by any meanes favour the said peace but the evill as yet increasing divisions and factions perpetually multiplying after severall admonitions another Excommunication was published the moneth following wherein I reade thus In pursuance of which decrees being forced to unsheath the spirituall sword wee to whom God hath given power to binde and loose on earth c. doe cum virtute Domini nostri Iesu deliver over such persons to Sathan that is to say we excommunicate execrat and anathematize all such as after publication of this our decree and notice either privately or publickely given them hereof shall defend adhere to or approve the justice of the said peace and chiesely those who shall beare armes or make or joyne in warre with for or in the behalfe of the Puritans or other heretickes of Dublin Corke Yoghell or of other places within this Kingdome or shall either by themselves or by their appointment bring send or give any aid succour or reliefe of victuals ammunition or other provision unto them or by advâ—se or otherwise advance the said peace or the warre made against us These and every of them by this present decree we doe declare and pronounce Excommunicated ipso facto c. 65. The cause of this Excommunication besides the sinne of perjurie above mentioned is contumacie against the decrees of holy Church concurrance to the advancement of heresie and suppression of Religion together with many other causes which may be collected out of what hetherto wee alleaged Sequestrari oportet graviter lapsum saith S. Ambrose ne modicum fermentum totam massam corrumpat Cum excommunicat Ecclesia saith S. Augustin in coelo ligatur Excommunicatus Hoc nunc agit in Ecclesia Excommunicatio quod agebat
tunc in lege veteri interfectio Which I wish those that glorie in their malice by maintaining still and adhering to the said peace did reflect on 66. Examples of such like Excommunications histories doe record Fulke Archbishop of Rhemes when he had manifested unto the world the turpitude of the peace made by Charles the French King with the Normans and the greatnes of the crime resolutly threatned him with Excommunication saying if you doe that thing namely make a peace with the Normans and give way to such Councells you shall never finde me faithfull I will draw backe from your fidelitie all that I may and with all my follow Bishops excommunicating you and all yours I will condemne you with an eternall Anathema Yet was not this peace which the French King intended to make with the Normans by many degrees so peâ—nicious to Religion as the late rejected peace was The like excommunication was actually fuâ—minated by Pope Iohn the eight against the Princes of Italy because they made a peace with the Saracens which peace was indirectly onely prejudiciall to the catholique faith in scelere impio manentibus misâ—rendum non est saith the Pope The like Excommunication was fulminated by the same Pope for the same cause against the people of Amalphitan unto whom he thus speaketh wee together with the consent of all the Apostolique See doe deprive you of all sacred Communion and separate you from the Society of Gods Church that you remaine in the same excommunication untill repenting you separat your selves from the wicked pâ—ey of the Pagans Geossâ—y Prince of Salernitan upon the like Excommunication being terrified bâ—oke off the peace hee had with the Saracens and afterward had the slaughter of many of them witnes Leo Ostiensis Our Chronicles of England have registred many examples of the like excommunications See Conc. Lateran sub Innocent 3. Decreto de haereticis vide etiam cap. exâ—om § credentes de haereticis cap noverit de sententia Excommunic Bullam coenae plurib locis Out of all which those eight Catholique Churchmen in Dublin may finde grounds enough to rectifie their opinion holding that the bare adhering to the late rejected peace was not a sufficient cause of Excommunication The resolution of an objection 67. Nothing was done saith the Authors of the late peace by us in the peace now published but what was exactly agreable to the unanimous sence and vote of the late generall assembly held at Kilkenny in March last whereof the catholicke Bishops were members and in whose hearing the substance of the peace as it stands now concluded was publickely read and transacted Whereunto wee answer First that information is made that some of those articles were changed in substance particularly the first article for manifesting whereof we cannot but referre our selveâ— to those that were then present in that assembly Certaine I am the Bishops consented not thereunto and it is as certaine that the soundest part of the Councell and Committee could never be induced to give their free assent therunto as above we have noted Secondly let us give it for granted that the assembly did assent therunto was not Glamorgans peace then in full force whereon the kingdome chiefly insisted Now this peace being revoked and by the Kings Leutenant rejected who may doubt but the whole kingdome would renounce the peace agreed upon with the Marquesse of Ormond and never trust to that alone This is evident seeing they renounced a better peace by his Excellency in August before offered unto them in his briefe of concessions Wherefore the Councell and Committee upon this alteration to discharge themselves should procure a new assembly to be called upon as the Lord Nuncius desired Thirdly by that assembly the committee of treaty had no power given them to conclude but to treate of a peace Fourthly that very generall assembly by publicke contract betweene them the Lord Nuncius and Glamorgan decreed the contrary never to conclude or publish any peace with the Lord Lieutenant untill the peace agitated between the Nuncius and Glamorgan were concluded and together with the other published which is an evident signe the kingdome never intended to accept of the one peace without the other Fiftly the principall part of the body politicke of the kingdome recalled your commission if any you had and protested against your proceedings See above § 10. n. r. Contrary to all this you concluded a peace Iurkingly and when you knew the kingdome would not accept thereof you endevoured to force the same upon them and to this day doe continue in the same resolution by making of factions and divisions You ought to know that the non acceptance thereof did render the same invalid Leges nulla ex alia causa nos tenere quam quod indicio populi receptae sunt A briefe appendix concerning the Earle of Glamorgans peace and his Excellency the Marques of Clanrickards Engagement 68. In both three things are chiefely to be considered first the concessions or graces granted unto the confederate Catholiques 2. The grounds whereon they are granted and the securitie for performance 3. The parties betweene whom the contract passed As concerning the first by the Earle of Glamorgans peace there is granted unto the consederate Catholiques for evermore hereafter free and publicke exercise of their Religion all the Churches other than such as are now actually enjoyed by his Majesties Protestant Subjects exemption from the Iurisdiction of the Proâ—estant Clergie a repeale of all the ponall lawes the taking away of all incapacities that the Catholique Clergie shall have their Church livings c. By the Marques of Clanrickards engagement wee are not granted but a promise is made by his Excellencie to procure a revocation of the lawes in force in this Kingdome not absolutly as the King himselfe by his letter of the 27. of Februasy 1644. and his Commissioner the Earle of Glamorgan granted but restrictively inasmuch as shall concerne any penaltie inhibition or restraint upon Catholicks for the free exercise of their Religion The inconveniences which may befall the Catholiques by this Restriction is amply discovered by the late councell and Congregation and in some sort by me in the first part of this Survey whereunto I remit the Reader And this is that kinde of repeale which the Marques of Ormond himselfe once granted unto the confederate Catholiques in his briefe of Concessions but afterward fell backe from his word and by this engagement of Clanrickard hee obligeth himselfe to nothing 69. Here before I goe further I must appeale to the confederate Catholiques conscience whether he had rather have the subjects promise to procure forsooth a kinde of repeale of the penall lawes or the Kings own word actually commanding a repeale of the said penall lawes absolutely as he hath done not onely by himselfe immediately but also by his speciall commissioner the Earle of Glamorgan Then the confederate Catholique is to make this