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
the Confederates to be preserved for the Kings most excellent Maiestie that all hopes may be cut off from the Puâ—itans who perpetually thirst after the possession thereof c. I trow this should be a forewarning prevalent enough with our Councell and Committees not to conclude a peace with the Marques upon such base conditions as they have done §. 12. The Councell and Committee of Instructions Latine answer 1. Iunij 1646. to the foresaid letter and protestation abriged into English 8. IN the first place they acknowledge the receit of the letter and protestation doe observe the resolution of the Lord Nuncius and Clergie to be such as he will have no peace at any hand concluded with the Kings Commissarie unlesse first the splendor of the Catholique Roligion be established and with the articles published In the second place they admire that the protestation came not sooner unto their hand and at length they answer that the weakenesse and necessitie of the Confederate Catholiques enforceth them to a peace that by publique declaration printed 1642. and by their Agents they sent to the Pope and other Christian Princes to demand aide that for the space of five yeares warre they received not so much succour as would defray the charge of warre for two moneths time that they looked onely for as much meanes as would maintaine 15000 foote and 2000. horse for six moneths times and they would undergoe all hazards and endure all discommodities to increase the splendour of the Catholique Religion through all parts of this Kingdome which they obtained not The consideration of these things say they and the obedience due to his Majestie enforceth them to make ANY PEACE to prevent the fatall miseries of VVarre and the sudden ruin of Religion and Nation 9. Yet they tell the Lord Nuncius that they resolve to ratifie marke the phrase I pray you ratas habere Glamorgans concessions granted by the Kings authority and to endevour by the authority of the See Apostolicke and the mediation of other Catholicke Princes to obtayne more plentifull graces for the establishing of the Catholicke Religion that in the Treaty of peace there was place left for further priviledges of the Catholicke Religion They further affirme that in the last treaty at Dublin nothing was done without consulting the Nuncius and that according his desire the Conclusion marke that hitherto the peace was not concluded therefore they were as yet at liberty to conclude the peace or not conclude it and publication of the peace was deferred untill the Calends of May least any impediment should be given to the coÌ„ditions which were expected by that time to come but are not yet come They pray his Grace to take notice if it shall happen the peace shortly to be concluded and published without the promulgation of Glamorgans concessions that same is pro re and to the greater good of the Religion 10. They proceede further aggravating the present state of the kingdome in the temporality Mounster exhausted with warre cherisheth many enemies in her bosome who daily increase by the patronage of the Parliament of England and revolt of Thomond In Connaght all is wasted besides Galway and Mayo Roscoman Boyle and other Forts revolting c. Generall O Neyle hath so wasted Leynster before he went to Vlster that three or foure counties thereof are unprofitable for the plow and in themselves miserable c. They adde the feare of the Lieutenants conjunction with the Scots c. insomuch as force feare and danger beget in all men a desire to embrace any peace Besides feare of the Scots conjunction with the Parliament the King being now in their power a peace timely made may alone hinder this which being concluded the catholickes may serve God and their King and free themselves from all those evils This Letter was signed thus Illustrissimae ac Reverendissimae Dominationis vestrae addictissimi Muskry De mandato Concisij Comitiorum Thomas Tyrell 11. Why the Viscount Muskry alone subscribed hereunto and none else I doe not know unlesse it be because the ill affected of the Councell for so they call in the Manuscript outside of the Articles the soundest part of the Councell those that were not of the faction did not condescend thereunto 13. The Lord Nuncius his Letter 10. Iunij 1646. sent to the same Councell and Committee 12. Least I might saith he in this most waighty circumstance of things seeme to have sent unto your honours two severall protestations without any ground of reason I pray you would reade the same reasons which moved me so to diswade the peacc in these times which is now propounded esteeming me to have beene compelled to write these things out of zeâ—le onely towards Religion and the honour of the Catholicks of this kingdome c. And having repeated the substance of his foresaid Letter touching the double quality of the Marquesse of Ormond he saith that though there could be a peace made yet it ought not to be made for the following reasons For seeing nothing is therein established concerning the Catholicke religion c. by what meanes I beseech you may the Catholicke Confederats defend themselves if among others even the Nuncius Apostolicke is to become witnesse among all Christian Princes that the Catholicks might have better conditions from her Majesty the Queene in France the last yeare and as yet better from the Lord of Glamorgan in these later Moneths and as yet the most plentifull of all concluded by his Holynesse in Rome and yet that the Confederate Catholickes all these peaces being contemned after so many moneths cessations in the very point of new difficulties in England and after that a full halte yeare of the time to make warre is past over yea when the enemies are all almost beaten backe should accept of a worse peace than the other three Let every conscience beare witnesse whether by such a resolution the Oath of Association taken with such glory and constancy be not violated 13. It is therefore manifest unlesse first the Catholickes be assured that the Kings Majesty would ratify the Earles authority and that the Queenes Majesty hath cleerely understood whether the Popes conditions shall have place or no whatsoever shal be done shall tend to the evident destruction of this kingdome and to the extirpation of Religion which is the head of all and to the notable injury of the Princes who hetherto have laboured for the safety and security of the Catholicke Confederats which is so much the more true seeing no reasonable motive can be assigned by the adverse party for concluding this peace Then answering to the objection of the danger of the Scots he saith there is no danger of more Scots to come over this season being busily imployed elsewhere and as for those that are in Vlster and Connaght they are sufliciently provided against by two Armies mayntained by the Popes moneys There remaynes therefore
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
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
Ormond in his briefe of Concessions from which he shrunke in this peace limitteth this generall Commission vnto the penall lawes onely that concernes the exercise of our religion who is herein imitated by the Marques of Clanrichard or rather by the politike Contriuers of his engagment where a promise is made of a reuocation of any penaltie c imposed on vs for the free exercise of our riligion vnto what wofull dayes are we come when subjects doe presume not only to limitat theire kings commands as they please but also vtterlie to reiect them and by that disobedience to be the occasion of his present disasters and hazard of the losse of his kingdomes 29. By which letter and by these other two aboue mentioned the iudicious Reader may obserue what great confidencie his majestie reposeth in the aid and assistance of the Confederat Catholikes aswell at home as abroade in England and scotland by sea and by land and how earnestlie he presseth a speedie dispatch of the peace to that end Be it on them and theire posteritie that haue hindred the same Glamorgans articles do as yet further confirme aswell the kings confidence in our assistance as our alacritie willingnes and earnest desire to comply therein with his Majestie but the same authors who contemned the commands of his Majestie haue also laid obstacles to the assistance promised to his Majestie vpon the conclusion of Glamorgans peace It shal be euer verified what Iohn Dauies sometimes the kings Attutnie left written to posteritic that the Irish gladlie continue obedient subiects without defection or adhering to any other lord or king c and that there is noe nation or people vnder the sunne that doth loue equall and indifferent iustice better then the Irish and will better rest satisfied of the execution therof c farre different I wisse was the Censure of this well experienced lawyer and of many others whose testimonie for the present I omitt concerning the loyaltie of the Irish from the Censure of the present lord Chancellour of Ireland who hauing receiued in his Chamber in the Ins of Dublin from the Councell-table by the hands of a purseuant a printed booke setting forth the kings resolution to come for this kingdome said God forbid his maiestie should come vnto this kingdome for the Irish would massacre him as soone as any other wherunto his sonne sir Edward Bolton now chiefe Baron answered nay father I am confident if his Maiestie came hither that the Irish would lay downe theire armes at his feete and kisse the ground he went on The father admiring at the sonnes confidence in the fidelitie of the Irish the sonne confirmed his confidence by affirming he would lay his head at the stake if they would not doe it This dialoque past betweene the father and the sonne in the presence of the Lady Bolton Bently the Purseuant and R. S. a Cittizen of Dublin who is my author The sonne here proues the loyaltie of the Irish the father shewes his ingratitude towards the Irish that Nation that charitablie entertained him in his flight from England to shun the Censure of the Castle Chamber there who being raised from the lowest ebbe of fortune by Ireland now floateth in the highest spring of posteritie Qui reddit mala pro bonis non recedet malum a domo eius Such as repined at his Maiesties coming into Ireland repined at his happines and adhered in opinion and affection to the Parliament Histories recount and the present damnable Rebellion of England doth confirme more bloodie warres to haue beene raised in England by the English against theire naturall soueraignes and more horrid violence to haue beene offered to theire persons than euer hath beene raised in Ireland against them or offered by the Irish vnto them wherefore what the Chancellour affirmed of the Irish is more applicable to him and to his ill affected Contrymen wherin all Europe may be produced as witnesses who behould the present calamities wherunto the Rebellions Parliament haue reduced him what here might be more particularized concerning the ill-affected of that nation might be also particularized in the ill affected Scots Who are said to haue imbrued theire hands in the blood of many theire owne naturall Princes-from both I abstaine for the honour I beare vnto England the sister of Ireland and vnto Scotland the daughter of Ireland wishing with all the faculties of my soule the occasion of such recrimination among indeered fellow subjects were neuer giuen or being giuen might be totallie taken away Deus aeternetu scis quoniam falsum testimonium tulerunt contra Hibernos §. 7. The Marques of Ormonds Commission recalled as to somuch hy the Earle of Glamorgans Commission 30. Our Diuines and Canonists doe teach vs that the second mandat or Commission doth not indeed derogat vnto the first vnles it make mention therof yet that sometime the second preuaileth and not the first namely because the second is of a more strict obligation as tending to the publicke vtilitie and Commoditie wheras the first conduced to the priuat onely Ormonds Commission granted by his Majestie is in our case the first being giuen 24. Iunij 1644. Glamorgans is the second being giuen the 12. of March 1644. which was full eight months after In this later Commission mention is made of the first thus we giue you power to treate and conclude with the Confederat Roman Catholikes in our kingdome of Ireland if vpon necessitie any thing be to be condescended vnto wherein our lord lieutenant can not be so well seene as not fitt for vs at the present publickelie to owne c. loe mention made expresselie of the first Commissioner and implicitlie of his Commission and by consequence a reuocation as to so much at least of the Marques his Commission yea his Majestie did by his expresse letters signifie vnto the Marques of Ormond that he gaue vnto the Earle of Glamorgan this second Commission therein expressing the ends and causes wherefore he gaue the same and wherfore he would haue the matters and points committed to Glamorgans trust exempted from all other matters comprehended in the Marques of Ormonds Commission and these matters concerned the spiritualtie for example the free and publike exercise of our religion the securitie of our Churches the exemption of the Catholikes from the iurisdiction of the Protestant Clergie the repeal◠of all penall lawes made against Catholikes c. This Commissio◠being granted by his Majestie vpon the neglect of the Marques his obedience to his Majestiès Command requiring him to grant vnto vs the present taking away of the penall lawes and the suspension of Poynings act I admire how his Excellencie attempted to conclude a peace for these matters soe exempted out of his Commission and to referre those matters which were agreed and concluded by his Majesties speciall Commissioner namely the repeale of the penall lawes the free and publicke exercise of our religion c. vnto any new
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
solid authoritie from the Kingdome my admiration was augmented by the answer I received from one affected to them to wit that the Councell made no doubt to conclude all things as they pleased by force 37. The last Supreme Councell was established the second of March 1645. Their Commission to the Committee of Treaty was given the sixt of March following After diligent search I found among the assembly acts of that second day of March this act It is ordered that the Supreme Councell and the Committee of Instructions as by former order in that behalfe appointed shall sit this afternoone and PREPARE all affaires conceaning the Treaty of peace and with all possible speed dispatch the Commissioners to Dublin But neither this order nor any other former order I could light on doth give power or authoritie to this new Supreme Councell to give any commission to the committee of Treatie either to treate or conclude a peace at all much lesse to conclude such a peace as the committee of Treaty in their Iudgement should thinke fit which is the commission the first Supreme Councell gave the committee of Treaty for which I am perswaded they never yet had authoritie from the Assembly It is one thing to sit and PREPARE all affaires concerning the treaty which alone this order imparts another thing to be authorized by the Assembly to give commission in the name of the Kingdome to the committee of Treaâ—y to conclude what peace they listed which is the point here questioned But here occurres unto the what I have beene often told even by members of some assemblyes past that such I will not say Factionists as precipiâ—aâ—ed into this abortive peace had their private cabinet Councels where they moulded what Orders they thought convenientâ— for their purpose which they ordinarlly presented about the perclose of the Assemblyes and when they saw such as they thought would oppose them absent and prepared such as they knew would adhere to them and set forth the matter with a specious glosse to be present and so caused such orders to passe surreptitiously without any deliberation or mature consideration by the house of such orders or of the ends the Moulders of them intended I suspect this order though it make little to the present purpose to be one of those surreptitious orders the cause of my suspition is that in the selfe same Assembly 19. February the whole Kingdome unanimously agreed and promised unto the Lord Nuncius that they would conclude nothing with the Marques of Ormond touching the peace untill the first of May following what appearance is there then that the same Kingdome in the same assembly should order that with all possible speed the Commissioners should be dispatched to Dublin and thereupon to signe and seale a peace the same moneth never expecting the first day of May as they promised and by that meanes so to entangle the businesse as whether the Popes peace came or no by the first day of May the Kingdome was obliged to embrace Ormonds peace though ever so unjust and indeed so some of the very Committee of Instructions were perswaded but the unfolding of this mysterie wee leave unto the assembly which I pray the God of truth to illuminate and preserve from faction and division §. 9. Other defects proving the insufficiency and invalidity of the said Commission 38. IN the Commission given by the first and last Supreme Councell they authorize the committee of Treaty nor onely to treate and agree but also to conclude a peace with the Marques of Orâ—nâ—nd their authotitie herein they father on the act of Assembly past 20. Iuly 1644. which kinde of act I could never finde among all the acts of Assembly nay the contrary is evident as well by both the Acts of assembly above specified numb 34. 37. as by other acts which hereafter I shall expresse that they had power onely to treate of the peace and to prepare matters conceruing the same but not to conclude iâ— I have indeed heard that our committee of Treatie laboured in severall Assemblyes to have absolute power given them not onely to treate of but also to conclude a peace but as yet I have not seene any such power granted neither ought any such power at any hand be granted to any particular men who by faction corruption or affection might be able to destroy Religion King and Countrey These men 〈◊〉 desired this absolute power are knowne to be either of allians with the Marques of Ormond or to depend of him or to have beene deluded by him with vaine hopes of promotion wherefore it is not secure for the Kingdome to give absolute power to such persons how honourable and faithfull soever they may be esteemed to be neither ought they if they would avoid the just suspicion of the people demand it We must not put the cause of God to compromise to Achitophel If then it appeares cleerely our committee of Treatie had no power to conclude but to treate of a peace onely who may doubt but their proceeding to a conclusion without commission is altogether in valid peradventure they may produce some act of assembly for an act of the Councell or committee of Instructions will not serve their turne to pâ—ove they had not onely power to treate but also to conclude such a peace as they thought fit but hetherto I have not seene any such and if any such shall be produced It rust the Kingdome will be so carefull of its owne honour and wellfare as to disqusse the validitie thereof and the wayes and meanes which were used in getting forth such an act It can hardly be exemplified that foure or five persons in a Kingdome had ever such absolute power given them as to conclude a peace within the same Kingdome for and concerning the most important affaires that ever could be agitated in a Kingdome even then when they might call upon an assembly of the whole Kingdome to try and examine the justice or injustice validitie or invaliditie of the said peace and that the power should be so unlimitted as their Commission had no expresse relation to any Instructions by which they ought to be regulated That five secular men should be made Supreme Iudges in a Catholique Kingdome of Prelate and Priest of Regular and secular of Religion Church and Church-livings of Ecclesiasticall Iurisdiction administration of Sacraments celebration of divine service and office c. à seculo non est auditum no not in Henry the eights owne dayes Numquid omnes Crumvelli numquid omnes vicarij in spiritualibus temporalibus numquid omnes Braini And this is the third argument whereby wee prove the invaliditie of the said peace 39. The fourth argument may be deduced out of the number selected by the kingdome to be of the Committee of Treaty which was thirteene as you may observe out of the act of Assembly numb 34. by which act there was no power given the Councell
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
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
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
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
wherefore I am not obliged neither will I stand to thâ— articles therein concluded 10. The obligation of law being thus extinguished undoubtedly the obligation of honour which is grounded thereupon was also extinguished This I adde because I have heard some of our Committee of Instructions ingeniously confesse that they had never consented to proceede unto the conclusion of that peace if they had thought they were not obliged thereunto by Law and honour of which ignorance I marvailo they were not freed by those among them who were skilfull in the lawes they themselves might observe in the Marques of Ormonds recoyling from the Contract that hee held himselfe not bound either in Law or honour to conclude the same why then should they thinke themselves more bound than he if there was any obligation it was also mutuall so as the Marques could not be free unlesse ouÌ„r partie were also free If our Councell and Committees would needs insist so much upon honour they should rather in honour desist from the conclusion of any peace with his Excellencie seeing they were so fool'd by him as having received their moneyes to the value of three thousand pounds as is said to supply his present necessitie hee without any respect to such favour done him or to the precedent obligation of signing and sealing the peace rejected them and denyed to conclude any peace with them Wherefore in very deed the conclusion of that peace did redound rather to their dishonour than honour and the giving of so much money to the Marques was to disgrace and prey the Countrey Questionlesse no good Catholique would ever contribute any money to purchase such a peace I wish this dishonour were confined within the bounds of Ireland onely 11. That utilitie to our Soveraigne could be no motive to our Committee of the treatie to conclude such a peace is also evident in asmuch as the Carholiques at home observing the iniquitie thereof tending directly to the maintenance of their sworne Enemies and their owne destruction had beene thereby wholly disheartned and deterred from giving any aid to His Majestie either in their persons or meanes and the Catholique Princes and Prelats abroad had likewise wholly substracted their succours deeming it against Conscience to concurre to the preservation of heresie And what can more dishearten the Catholiques of Ireland than to see their service their Contributions their prowesse and fidelitie so vilipended as they may not be permitted to enjoy those priviledges onely and immunities either in spirituall or temporall which are due unto them by their birthright and which by the ancient fundamentall lawes of the kingdome they ought quietly and peaceably to enjoy much more might be here said particularly touching the danger whereunto our Soveraigne had been exposed if the possession of his Forts and Command of his Armyes had been given to any but to such as are Catholiques Whereof else where That the necessitie of the kingdome should induce the Committee of the Treatie to make this peace it may not be seeing the kingdome was never in a better posture to defend it selfe or in greater hopes to chase away and destroy the Enemie than it was when our Committee concluded this fatall peace as you have and shall hereafter heare more amply Certainly if the hinderance of the prosecution of our victories against the Enemie be a disprofit and detriment to His Majestie as sure it is the concluding of this peace where such hinderance followed must be necessarily a disprofit and detriment to His Majestie Wherefore we may rightly conclude that neither necessitie on our part nor utilitie on the Kings part nor obligation of law or honour did induce our Committee to the conclusion of this peace Had our Councell and Committees shewd the same resolution and used the same endeavours to procure the acceptance of the Earle of Glamorgans honourable and just peace in the Enemies Quarters by force and armes as they used to procure the acceptance of the Marques his dishonourable and unjust peace in the Consederate Catholiques Quarters then had the puritie of their intentions been revealed and their endeavours applauded St autem â—culus tuns fuerit nequam totum corpus tuum tenebrosum erit The Marques of Ormond his Protestant partie had more zeale licet sine scientia to secure their new sect than our Councell or Committee had to seenre the Catholique Religion The Protestants would rather loose their eyes and life to than joyne with them in setling Glamorgans peace within their quarters because they held it destructive to their sect yet they must joyne with the Proterestants to settle within the Catholique Confederates Quarters Ormonds peace though they could not be ignorant how it was destructive to the Catholique faith Eighteen blacke Coates belonging to Ministers were found among the rest of the luggage which were left in the Castle of Kilkenny after the Marques his retraite to Dublin Factum est hoc ad insidias sanctificationi in diabolum malum in Israel 1. Machab. 1. 38. §. 3. The Marques of Ormonds his Commission tacitly recalled in Ianuary 1645. The obiection made that the revocation of the Marques his Commission was enforced is resolved 12. IN the declaration made by His Majestie the 29. of Ianuary 1645. recalling the Earle of Glamorgans peace His Majestie promiseth to make nd peace with the Irish without the consont of the Parliament this declaration coming to the knowledge of the Marques of Ormond and of our Councell and Committees before the 28. of March was at least a tacit revocation of the Marques his Commission even before the very signing and sealing of this Peace wherefore neither of both â—â—ties ought after notice thereof proceede to the signing and sealing of the same peace Our Committee was inhibited by the assembly to conclude any thing in the businesse untill May the Marques receives the Kings declaration that hee will proceede no further in any peace with the Irish without consent of the Parliament notwithstanding all this both parties proceede in the peace Yet as soone as ever the same revocation appeared our Councell and Committee forthwith desisted in the prosecution of Glamorgans Peace though it was knowne to have beene not onely invalid as coming after the mandate was executed but also to have been surreptitious and framed by Glamorgans Adversaries and the Adversaries of the Catholique Confederates nothing though ever so valid was powerfull enough to stop or stay our Councell and Committees from concluding Ormonds unjust peace any thing though ever so invalid was powerfull enough to stop them from prosecuting Glamorgans just and honourable peace If our people did preferre the advancement of the Catholique faith before their owne private interest and inordinate affection to private persons they should set upon them that opposed Glamorgans peace with as much vigour as ever they set upon the Scot or other Parliamentaries especially when such persons were enformed by speciall letters from his Majestie that
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
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
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
Marques was resolved not to conclude a peace untill we complyed in sending over 10000. men wherein the Marques might have spared his labour the contract for sending over 10000. men being made by us with Glamorgan and not with him whose peace was not in it selfe worthy the acceptance onely much lesse worthy the reward of sending over 10000. men for getting it To be briefe thus stands the question how dared the Committee of Treatie to signe and seale a peace before the first of May contrary to the Assemblyes resolution and how dared the new supreme Councell without consent of the assembly to grant them a commission to that effects By the relation of Mr. Browne and Mr. VValsh you see our committees were not engaged by all the Treaties past to conclude a peace with the Marques they might without difficultie comply with the Popes Holynes and the Kings speciall commissioners request And this request was made by them even then when Glamorgans articles were in full power because they held it not altogether so secure and profitable when they afterward understood that his Majestie protested against Glamorgans articles doe you thinke that either they or the assembly would ever yeeld to accept of Ormonds fordid articles apart either the May following or for ever he had more need to beg a peace of us than we of him Had not the countrey beene betrayed by licencing him to receive his rents he had beene glad to come off with better conditions according his Majesties commands and provided better for His Majestie and himselfe The Clergies subscription to the Nuncius his Protestation 4. Wee also the underwritten Prelates and Clergie of Ireland doe adhere unto the opinion of the most illustrious Lord Nuncius confirming what are above expressed And we doe resolve unanimously to insist upon the same protestation Dated at Kilkenney the foresaid sixt day of February 1645. stylo veteri Hugo Ardmachanus Fr. Thomas Dubliniensis Thomas Casseliensis David Ossoriensis Gulielmus Corâ—agiens Duan Io. Clonfertens Emerus Clogherens Io. Laonens Fr. Patrie VVaterford Lismor Fr. Edmund Laghliniens Nicholaus Fernensis Richardus Ardsertensis Accadensis Edmund Calamens Episcopus Coaedjutor Linericens Fr. Albertus O Brien Provincial Ordin Praedicatorum Robertus Nugentius Societatis Iesu Superior VValterus Linchaeus Vicar General Tuamens Iacobus Fallonus Vicar Apostolic Accadens Fr. Oliverus de Burgo Vicar Duaceus Donaldus O Gripha Vicar Apostolic Finiburensis Iacobus Dempsy Vicar General Kildar Cornelius Gafnus Ardaghader Vicar Oliver Deise vicarius Procurator Reverendissimi Medensis Episcopi Carolus Coghlaâ— Vicar General Cluanensis §. 11. An abridgement in English of the Lord Nuncius his Latin letter dated the 5. of May 1646. sent unto the Supreme Councell and committee in the prosecution of the said Protestation 5. In this letter the Lord Nuncius doth elegantly distinguish in the Marques of Ormond a double qualitie the one of a Lieutenant for his Majestie the other of a chiefe Peere of the realme In the qualitie of Lieutenant hee proves no firme and solide peace can be made with him forasmuch as his authoritie depends of the King and by how much the more or the lesse the securitie and power of his Majestie increaseth or decreaseth it necessariiy followeth that the authoritie also of the Lieutenant increaseth and decreaseth and that the safetie and authoritie of the King being uncertaine the authoritie also of Lieutenant becometh void and uncertaine c. and if this be true in those articles which belong to the politicke state of the Kingdome how much more in the Ecclesiasticall state and things belonging to the Catholique Faith against which he being a Protestant hath an aversion of minde besides the want of authoritie VVherefore the Confederate Catholiques ought not by any meanes choose any other way than by laying aside in the interim any treatie of peace c. untill the Kings most excellent Majestie be restored to that state and condition as he may confirme by Parliament the Articles which His Holynes agreed upon with Digby in Rome which thing seemes not onely profitable and necessarie for the affaires of Ireland in the present state but also honourable to the King himselfe seeing all things are reserved to his authoritie untill that time when he shall be in the full libertie of dominion and the loyaltie of the Irish shall be able to merit somewhat with his Majestie c. which shall be augmented by the Catholiques publique protestation that whatsoever they possesse or acquire shall be with all loyaltie and fidelitie preserved for his Majestie who otherwise may be wash'd out of all if Parliamentarie Harpies once fix their Tallons in them 6. Hee proceedeth further shewing how glorious it shall be unto the Confederate Catholiques that the advance of the Catholique cause the splendour libertie lawes rites and publike exercise of Religion proceeded rather from themselves and from the innate love they beare to true Religion than from any treaty with the Marques whose authoritie lyes a bleeding c. All Christian Princes and chiefely the Pope would be offended that any peace and that of abject conditions should be here treated of while the peace containing honourable and good conditions concluded upon in Rome doth expect only our Kings approbation as if particular men and those Procestants to could better provide for Ireland and the Catholique Church than His Holynes can doe 7. If the Marques be considered as a Peere of the Realme in that respect he may have all things common to the rest of the Irish and therefore I hold he may be a defender of his countrey against the common enemies And if he will as an Irish man and a Servant to his Majestie gather all his forces against the Scots and Parliamentaries he ought to be received yea and to be assisted by money and other subsidies so as the Catholique Religion by such kinde of conjunction receive no detriment for effecting whereof he layeth downe among other these conditions if it shall ever happen that the forces of the Marquis be joyned with the Catholique forces that then he may by no meanes establish any other Religion than the Catholique Religion in all places which shall happen to be gained by the same armies ioynt together otherwise the Popes aides aswell present as future may by no meanes be employed for the advance of Protestanisme which were impious That the Consederates so treate with the Marques at our hopes of having or obtayning a Catholique Vice-Roy after the expiration of his time be not frustrated which the securitie of Religion doth chiefly require and His Holynesse doth vehemently desire Therefore to this end we must be warie least in the interim while the affaires of England doe waver wee doe any thing which may compell the Nuncius Apostolicus in the behalfe of His Holynesse to protest against it as by his private letters he hath protested a few dayes past Hee addeth further that Dublin be delivered to the possession of
the monstrous Parliament in England who after taking away Church and Church-livings Faith and Religion have at length discarded the Prelats and chiefe Pastors of Faith and Religion but as that body is monstrous without a head so is it imperfect without the chiefe members thereof nam corpus non est unum membrum sed multa c quod si essent omnia unum membrum ubi corpus The eye cannot say to the hand I nee de not thy helpe nor the head to the feete yee are not necessary for me The error had been more grosse if the temporall or materiall part of either naturall or politicke body did say to the spirituall part I have no need of thee you are not necesary for me If the body did say unto the soule or the Lay man to his spirituall Pastor I have no need of thee Wee have had onely one Church man the right Reverend the Archbishop of Dublin among those 13. persons who were selected for the committee of Treatie but they made use of this Prelate in the Treaty as accomptants doe cyphers in numbers If the Clergie attempted to conclude a peace for temporall matters without consent of the seculars what thinke you would not the seculars be justly ossended with the Clergie and reject such a peace How much more reason hath the Clergie to be offended with those few seculars that attempted and that without commission to conclude a peace in matters of Faith and religion of Church and Church-livings of sacrifices and Sacraments without their consent The principall end of our warre being to repaire propagate the Catholique faith and to vindicate the injuries done unto the Professors of the same who ought rather to approve authorize or prosecute the same than the prime Prelates of faith and religion yee ought to know saith Pope Leo the fourth Supreme Pastor of holy Church that wee never permit our people to be oppressed by any but if any necessitie occurre we dâ—fend them without delay because we ought in all things to be defender of our flâ—cke and â—hiefe assistants for Bishops ought not onely to be keepers of Papers but also defenders of Churches Wherefore the same Pope wriâ—ing to the French army exhorts them having layd aside all feare to endeavour manfully to set upon the Enemies of holy faith and the adversaries of all Religions for the Omnipotent knowes if every one of you should happen to dye that ye dye for the 〈◊〉 of faith and saving of your Countrey and defence of Christians and therefore yee shall receive from him a â—elestiall reward 22. Much more might be alleaged aswell out of the said Pope as out of others whose steps have been traced by the late Pope Viban the eight and the now Pope Innocent the tenth in their severall Apostolicall Missives addressed unto the confederate Catholiques authorizing their holy warre and exhoâ—ting them to the prosecution thereof which because the same is elsewhere treated of I omit in the present Survey I will onely here summatily lay downe what in other Canons touching the Ecclesiasticall power to make warre are more amply to be found In the pâ—wer granted to Saint Peter and his successors there are two swords a spirituall and a temporall c. he that denyes the temporall sword to be in the pâ—wer of Peter understands not rightly the word of our Lord saying put up thy sword into thy sheath Matth. 26. Both then to wit the spirituall and materiall sword are in the power of the Church but this indeed to be imployed for the Church that by the Church That by the hand of the Priest this by the hands of Kings and Souldiers but at the command of the Priest But one sword must be under the other and the temporall authoritie must be subject to the spirituall power By the Popes Edict warre is made not onely against heretickes the enemies of faith other Rebells but also when his knowne subjects the Catholicks are oppressed Hee may lawfully proclaime warre not onely against Infidells but grant tithe also for so pious an act seeing that such a warre tendeth to the defence and ampliation of faith and to the recoverie of the lands whereof they have been robbed and wherein Christ was worshipped as also because by this warre the common profit aswell of the Clergie as of the laytie and Churches is procured 23. This much I have expressed for the information of out seculars to the end they may take notice that as a warre for the reparation and propagation of the Catholique faith is authorized by holy Church so a peace concerning the same faith ought to be established and concluded by the same Church and not by any private Lay men whereof some peradventure have possessed themselves of our Church-livings by the oppression of Henry the eight who therefore cannot but be partiall Iudges in their owne cause howbeit traepidaverunt timore ubi non erat timor the Clergie of Ireland preferring the publicke good before their own private interest are â—eady to renounce their interest to such Church-livings according the dispensation relaxation made or to be made by the See Apostolique and according the unanimous resolution of the kingdome assembled together The punishment inflicted by God on Vzias Ieroboam and other seculars for intermedling with spirituall affaires invitis Sacerdotibus may be a sufficient caveat for others to decline such negociation Neither ought they thinke it strange that Church-men should interpose themselves in martiall affaires especially when the same concernes Faith and Religion herein they have as paterns to imitate the Prince and high-Priest Mathathias and his posteritie the noble Machabeans Iudas Machabeus Ionathas Simon Iohn Onias c. who in defence of holy Church and their Countrey liberties defeated Apollonius Seron Lysias Ptoâ—omeus Nicanor and Gorgias chiefe commanders for King Antiochus his sonne More for the present I omit for indeed this matter deserves a speciall treatiâ—e Our conclusion upon this first observation is that the committee of Treaties commission if it were ought worth was sufficiently recalled before the conclusion of any peace by the chiefe members of the body politicke of this Kingdome to wit the clergie who are the spirituall members thereof and with all by the authoritie of the See Apostolique to whom it belongs to make peace or war in like case Especially when the secular Prince is not able to redresse the subjects grievance See n. 46. c. 24. In the second place I observe our late Councell and Committees have violated the publicke faith and promise made by them to the Nuncius Apostolique assuring him they would never conclude any peace but that whereunto he would condescend upon which conditions he came into Ireland and they accordingly accepted of him Hereof the Nuncius challenged them in the above protestation but their silence in not answering thereunto argues their tacit confession of breach of promise I doe not know what conscience men may frame
of the word untill that she had a child after her death Vntill heaven and earth passe one jot or one tittle shall not passe of the law It followes not that after heaven and earth passe that then the law shall passe He had beene an Helvidian hereticke who against our blessed Ladies perpetuall and unspotted virginity would inferre out of this passage of the Scripture Ioseph did not know our Lady untill she brought forth her first hegotten child Ergo he knew her after More you may reade in the Scriptures Faâ—hers and Schoolemen It is knowne what sinister practises the corrupt part of that councell and committees used in this matter when they pleased to say a peace was concluded with Ormond to hinder any other peace it was and must have been so when they pleased to say there was no peace concluded with Ormond for their owne advantage it was so and their faction grew so strong and their Art so industâ—ious as in our later assemblies they seemed to rule and governe faith and religion kingdome and people as they pleased That would I once see well discussed how and by what commission the committee of Treaty signed and sealed the rejected peace before the Kalends of May contrary to their owne promise and the promise made by the whole kingdome to the Nuncius By what commission or authority did the late councell and committees immediatly after the signing â—nd sealing of thâ—t rejected peace betray the country in sending over Dâ—gby into Frunce there to make a faction and by the power of the Armes of France to force that unsafe peace upon the confederate catholickes of Ireland upon sending him over to racke this kingdome by taking up by force 1200. or 1500. pounds in money from the catholickes to furnish a knowne adversaâ—y to Religion and country in that voyage and to disappoint the kingdome of the best Shipping they had by trusting the same unto him 27. It hath beene observed that the late Supreme councell and committee of Instructions have exhausted this distressed Nation in succouring relieving maintayning and supplying with monyes the two greatest adversaries to Religion and countreâ— that ever Ireland saw have evermore substracted all meanes sustenance from the two great Noble Catholicke subjects Antrim and Glamorgan who have been chiefly intrusted by King and countroy to bring these unhappy disorders to a happy attonment By publicke Assembly Antrim was allowed to carry into Scotland a certaine number of men for the Kings service to defray that charge a considerable summe was granted unto him by the catholicke confederats Our late councell by influences as is said from Dublin cross'd all that designe and had stop'd the Marquesse of Antrim himselfe had he not timely slip'd anker and got him away Can there nothing bee done for Religion King or countrey but by the adversaries of Religion King and countrey Ah let never any inordinat affection towards any privat subject diminish in any their zeale to Religion loyalty to soveraigne love to their owne native countrey Mr. Brent the Lawyer standing neere the crosse of Kilkenny seing proper Irish gentlemen walke in the streets was heard to pronounce these words or words to that effect were it not pitty that these proper gentlemen were forced to employ their armes against and kill one another which undoubtedly they will doe if they accept not of what peace the Marquesse of Ormond will prescribe unto them The very like words he was heard to iterate in Dublin Doctor Meara wrote from England to Dublin to a friend in Dublin words to this effect Here with the King all things concerning Ireland are squared according the rule prescribed by your great one there his will is that the dismembred Parliament there in Dublin continue and prayed the King to turne the Irish over unto him and be would draw them to what conditions he pleased Others say the same great one protested That he would spill the least drop of bloud that runne in his veines before he would suffer the least lustre of the Protestant Church to be diminished Whether he meant the Church which the Kings Majesty cals protestant Church or that Synagogue which the parliament in these later dayes hath baptized protestant Church I leave to the interpretation of his owne ghostly father in Dublin See the Marquesse his Treaty with the Parliament Commissioners pag. 21. 28. When the Councell and committee promised under their hand unto the Nuncius that they would conclude no peace but what would be to his liking they limitted no time untill May or Mid-somer neither did the Nuncius or Congregation in their severall protestations made against any peace to be so concluded with the Marques of Ormond limit any such time It is therefore certaine that neither Nuncius nor Clergie did ever consent that such a peace should be concluded after May. Yet if wee did suppose a falshood that they consented a peace should be concluded after May with the Marques it followeth not that they consented such a peace should be concluded which is knowne not to be the same with that which then in the moneth of February August was in agitation and publickely reade in the assembly as we have observed in the first part chiefely on the first article Nay if we may give credit unto some of integritie who were of the Committee of Instructions those very articles which were read among themselves privately were notably changed unawares of the said committee Matters were carried with such secrecie as they were not communicated unto any disinteressed person of Councell or Committee for qui male agit edit lucem Againe though we did suppose that not only the Nuncius and Clergie but also the whole kingdome should once consent yea authorize the committee of Treaty to goe forward in the peace with the Marques which once was read in Assembly being then assured of the full benefit of Glamorgans peace and in expectation of the Popes peace doth it therefore follow that when this assurance of Glamorgans peace was taken away and our expectation of the Popes peâ—ce frustrated the same consent of Nuncius Clergie and Kingdome together with the mandat given to the Committee of Treaty must still remaine especially when that very peace they concluded with Ormond put an obstacle not onely to the benefit of Glamorgans peace but also to all other peaces the law tells us that in this case the mandat or commission given is extinguished extinguitur euim mandatum mutatione status in deterius consensus autem conditionatus sublata conditione tollitur 29. Out of all which the Reader may resolve that objection which the Councell and Committees commonly object against the Clergie as if the Clergie themselves did agree and consent in all points unto this peace for say they the Archbishop of Tuam in open assembly admonished us not to trouble our selves about the affaires of Religion Church for saith the
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
he so earnestly urgeth in his letters above mentioned And herein we charge the councell and committees with notable breach who contrarie to their promise and vow and contrarie to the severall protestations and inhibitions of the said Lord Nuncius concluded a peace which he thought not expedient and whereunto he would never yeeld consent See our observations on the 14. article numb 26. 27. §. 19. A publicke Contract made by the kingdome with the Lord Nuncius not to conclude any peace untill he and Glamorgan concluded on a peace for the Spiritualtie c. 56. Articles agreed upon betwixt the most Illustrious and most Reverend Lord Iohn Bâ—â—â—ist Lord â—rchbishop and Prince of â—â—rmo extraordinary â—postolicke Nuncâ—o to the Confederate Catholickes of Ireland and the Nobility imployed by the said Consederate Catholickes together with the Earle of Glamorgan to the said Illustrious Nuncius at Kilkenny the 19 of February 1645. Inprimis a Cessation shal be continued till the first of May by which time or sooner if the most â—llustrious Lord Nuncius doe not bring the Originall agreements under hand and Seale betwixt his Helynesse and the Queene of great Britaine the said most illustrious Lord Nuncius shall ratifie whatsoever shall seeme meete to him on the behalfe of his Holynesse and the Earle of Glamorgan in the behalfe of the King of England that an honourable and wished peace be not any longer deferred 57. Secondly In the meane time if the Confederate Catholickes doe send from hence to treate with the Vice-roy about politicall affaires and differences it is declared that no prejudice shall be inferred by that treaty to this Treaty that is to be betwixt the most illustrious and most Reverend Lord Nuncius and the Earle of Glamorgan that untill there be a conclusion and publication of it the other also may not be concluded or published And that there be no change in the inâ—erim of the Politicall or Civill government so that both may be at once and together concluded and published by the approbation of the generall assembly if it shall be seene necessary to the said Lord Nuncio and Earle of Glamorgan to call it Thomas Tyrell Emerus Clogherensis Nich. Plunket Gerald Fenell Richard Bellings Patricke Darcy Thomas Cashell Castle-haven Audly Net â—ervile Muskry Thomas Preston Daniell O Brien Lucas Dillon Terlagh O Neyle George Comin 58. Here we are to note First the circumstance of time to wit the 19. of February which was when the assembly of the kingdome was fully gathered together Within 12. dayes after namely the second of March an order was conceived by the same assembly to Treate with the Marquesse of Ormond and to prepare things for a peace with his Excellency but not one word authorizing the Committee to conclude a peace for that had been a manifest violation of this contract made with the Nuncius nay by this very act of assembly and solemne contract whereunto the whole kingdome condescended iâ— before then eyther Conncell or Committees had any power communicated unto them by any former act of assembly which I could never yet reade it was now sufficiently recalled Secondly we are to note the persons that subscribed to the contract in the behalfe of the Confederate Catholickes are the persons chiefly intrusted by the kingdome M Tyrell chayreman of the committee of Instructions the Lord Viscount Muskry and M. Darcy are two of thâ— five that subscribed to the peace contrary to their owne contract here agreed upon the rest were then of the Supreme Councell or Committee whereof most of them being of the following Supreme Councell or Committee of Instructions approved also the peace contrary to this their own contract wherein they engaged themselves and the kingdome never to conclude or publish any peace untill the peace to be agreed upon betweene the Nuncius and Clamorgan were concluded and published together with it Thâ—â—dâ—y this contract cleerely discovers how frivolous that part of the Councell and Committees answer to the Nuncius 1. of Iune was wherein they say they expected untill the first of May according the Nuncius his pleasure before they concluded any peace for they were indeed to expect VNTILL a conclusion or publication were made of the peace to be agreed upon between him and Glamorgan in the behalfe of his Holynesse and his Maiestie and if the Origâ—nals came not from Rome by May they were to expect untill the Nuncius did ratifie whatsoever should seeme meete unto him c. which was agreable to the publicke Faith of the kingdome past by them unto him before his coming unto the kingdome by the above mentioned Letter sent unto him in October 1645. wherein they promised to doe nothing but what should seeme expedient unto him So as if I had â—â—â—ely seene this contract I might well have spared the twelve answers I made above to this objection wherefore the Nuncius and the Clergy did justly protest against all their proceedings in the late rejected peace as being without ground or Commission and in violation of the publicke Faith given Fourthly no withstanding this contract they changed the government by concluding that peace and contrary to the same contract they would not dayne to call together a generall assembly as the Nuncius desired and as by this contract they were bound before they concluded the peace How herein they may be excusable I understand not §. 20. The Oath of Association which being compared to what we have delivered in this Survay proves the iustice of the Clergies Decree of periury c. 59. I A. B doe promise sweare protest before God his Saints his Angels that I will during my life beare true faith and allegeance to my Soveraigne Lord CHARLES by the grace of God King of great Brittaine France and Ireland and to his Heires and lawfull Successors and that I will to my power during my life defend uphold and maintayne all his and their just prerogatives estate rights the power and priviledge of the Parliament of this Realme the fundamentall Lawes of Ireland the free exercise of the Roman catholicke faith and Religion throughout this Land and the lives iust liberties possessions estates and rights of all those that have taken or shall take this Oath and performe the contents thereof and that I will obey and ratifye all the orders and decrees made and to bee made by the Supreme Councell of the Confederate Catholickes of this kingdome concernig the said publicke cause and that I will not seeke directly or indirectly any pardon or protection for any act don or to be don touching this Generall cause without the consent of the Major part of the said Councell and that I will not directly or indirectly doe any act or acts that shall preiudice the said cause but will to the hazzard of my life and estate assist prosecute and maintayne the same So helpe me God and his holy Gospel 60. This Oath was established for preservation of union among the Confederate Catholickes
ratiocination if the Kings owne commands could take no effect with his Protestant Ministers of jâ—stice in Dublin such an aversion have they against the distressed Catholiques much lesse will any subjects promise be able to procure any thing for us or having procured it be able to bring it to any effect What need wee runne to France or elsewhere to procure that which his Majestie hath already granted us There are the Kings owne commands to repeale the penall lawes can any one procure us more What is the let the subjects disobedience who will not put in execution the Kings commands And how may the Maâ—ques of Clanrickard procure any thing in France when as the French Agent here pleadeth strongly for the acceptaâ—ion of Ormonds unjust and invalide peace and never vouchsafeth to sollicit for Glamorgans just and valide peace 70. The second thing promised by the Marques of Clanrickard is that the Catholiques shall not be disturbed in the enjoyment of their Churches or any other Ecclesiasticall possessions untill that matters with others referred already receive a settlement in a free parliament c. Though this be but a promise yet were it actually procured must not wee be cast out of our Churches and possessions whensoever this settlement shall be in a free Parliament for untill then and no longer are wee to hold possession by Glamorgans peace these are actually granted us for ever By Clanrickards engagement we are onely promised that we shall enjoy the Churches possessions that were in our hands at the publication of the late peace By Glamorgans peace these are not promised but actually granted unto us and with all other Churches lands tenements tithes and hereditaments other then such as are now when that peace was concluded actually enjoyed by his Majesties Protestant clergie or subjects So as in case God should blesse the consederate Catholiques with such victories against Iusequin and the rest of the Rebells in Mounster and Vlster as hee blessed us in Connaght by Glamorgans peace all the Churches and Ecclesiasticall lands c. must fall unto the Catholique Clergie by Clanrickards engagement they must fall unto the Protestant clergie so as all our warre for the future should be to raise that Sect and by raising them to suppresse our selves which being once knowne to forren Princes and Prelats they would subtract all their helpes from us and the Catholique subjects at home would with good reason withdraw both arme heart and meanes from such a warre 71. By the same engagement there shall be forth with a Catholicke Lieutenant generall c. If he be sworne to the Catholicke confederacie approved by the kingdome it s wel Such an one was granted unto us long since by his Majestie how he was put off let them judge who know best the state of that affaires All incapacities are taken away from the Catholickes by Glamorgans peace c. what then should hinder us to have a catholicke Vice-Roy which is said to have been also granted unto us by his Majesty Item our Generals shal be invested with principall commands worthy of them c. These principall commands being not specified may be interpreted a Colonels place which indeed respectively is a principall place That they be invested in some important Garisons NOVV under his Maiesties obedience suffers the like interpretation and gives warning to Noble Preston that he must out of Duncanon for they will affirme that that garison is not under his Maiesties obedience but under the Confederate catholickes obedience Further by the engagement is is said that a Considerable number of the Catholicke Confederats forces shall immediatly be drawne into all the chiefe garisons under his Maiesties obedience This concession is good if it were performed but because herein the Marquesse of Ormond fayled therefore Noble Preston retyred and freed himselfe from the engagement If it were granted that a proportionable number should be drawne unto c. 't were more secure for otherwise our catholicke forces being farre lesse in number than the protestant forces would be subject to massacre But the clauses inserted in the Protestation made or to be made by the generals and commanders upon acceptance of this engagements marres all the market and would frustrate our forces of all their pretensions and the catholicke confederats of Glamorgans peace These clauses I commit not to the Print because I have no order so to doe 72. Now to come to the second thing which is to be considered Glamorgans peace is grounded on the Kings Commission dated the 12. of March where his Majesty authorizeth him as firmely as under the great Seale to all intents purposes obligeth himselfe in the word of a King and a Christian to ratifie and performe what he should grant to the Confederate Catholickes His Excellency the Marquesse of Clanrikards engagement is grounded on no such Commission he onely voluntarily engageth himselfe without any invitation of the confederate catholicks and is assumed as an instrument by those who would crosse his Majesties foregoing grants made unto the catholickes who may reasonably thus discourse with themselves if those men have frustrated his Majesties owne grants and the peace by his commission concluded how much more will they frustrate the engagements of any private subject which are grounded on nothing but on his own undertakings and in case of non performance the catholicke confederats have no redresse Neyther doth the Kings Lieutenant himselfe oblige himselfe to the performance of any thing nay rather this engagement supposeth his opposition to some things To conclude omitting much more the parties who concluded Glamorgans peace have beene authorized by King and countrey the parties concluding Clanrikards engagement have beene authorized by neyther and therefore invalid and to no effect Out of which and what alreadie hath beene answered by the councell and congregation 24. Novemb. 1646. it is evident how farre those nine catholicke church-men of Dublin erred in their judgement when unto a question propounded unto them touching this matter they answered that the Roman Confederate catholickes of this kingdome may without scruple submit to the late rejected peace and accept thereof as strengthned with the said addititionall engagements Neyther can it avayle them to adde the circumstances of times and present state of this distressed kingdome considered seeing we had better conditions from his Majesty himselfe when we were in a worse posture we were never in a better posture then we were when this engagement was offered if mischievous faction had not put a division among us Veruntamen vae illi per quem scandalum venit If the rejected peace with these additionall engagements could be accepted without scâ—uple I believe the Councell and Congregation could judge better thereof than any privat men who were not in a fâ—ee condition to deliver the sense of their soules Ecce praedico vobis liâ—ertatem ait Dominus ad gladium ad pestem ad famem The Epilogue THus by the Divine