Selected quad for the lemma: law_n
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A40457
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The vnkinde desertor of loyall men and true frinds [sic]
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French, Nicholas, 1604-1678.
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1676
(1676)
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Wing F2183; ESTC R18403
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96,064
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260
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offence given by the Bishops but through his owne heightie mind which in all matters and in all occasions must rule and domineere or will have peace nor quietness with any man this matter comprehending many parts arguments and circumstances I shal be forced to bestow more time about it It fell out soe that the confederat Catholicks appointed certain persons of qualitie as Commissioners of treaty they appointed others for preparing instructions for those that were to treat whom they named commissioners of instructions to treat and conclude a peace with Ormond then lord Leutenant this was done in the yeare 1644. the names of those appointed were Richard lord viscount of Mongaret Donogh lord viscount of Musgrie Sr. Robert Talbot Barronet Dermot ô Brien Patrick Darcy Geffery Brouwne and Iohn Dillon Esquires After a long debate vpon neare two yeares a peace was at lenght concluded between them and his Excellency the lord Leutenant consisting of thirty articles which articles after being perfected duely and maturely examined by vnderstanding and learned men were suspected vnsafe for the Chatholicks this is the subject the mentioned divine handled and soundly Proved and vpon the same occasion learnedly justified the rejection of that peace out of the arguments and decrees of the Ecclesiastical congregation CHAP V. The rejection of the peace of 1646 made by the Bishops and Cleargy at Waterford maintained and justified which peace was alsoe voyd for being perfected without authoritie of Ormond ' s part THis author sayes the Bishops and Cleargy allarmed at the publication of the said peace in Dublin and Kilkenme and obedience the Citizens and other natives gave therunto they saw the Gouverment was devolved the supreme Councell of the Nation dissolved and the forces and armies and all to be put into the hands of said Ormond lord Leutenant the peace as above was said being not secure for the cheefest concernements of the Catholicks convened and came togither at VVaterford a noble and Catholick Cittie the sixt of August 1466. the zeale of Gods house and of theyr flocks soe requiring to consider seriously the contents of the Articles of said peace and ackordingly to determine as pietie and the saftye of Religion and thir flocks would require at their hands The method said the Author the Eishops and Cleargy observed in rejecting said Peace and the order of their consultations was grave and yet free giving every divine licence to argue discourse and deliver his opinion as to the question proposed the Chancelour of the congregation taking in the meane time his notes in writing of every mans sense and sentence of the question ventilated and after a full debate repeting viva voce the substance of the arguments they voted with much tranquilitie a result or conclusion and indeed soe much was said to every of these articles that came vnder debate as nothing was left vnsaid that could be pertinent A love Principium was the begining of this Congregation they publickly sacrificed and prayed with flamming Charitie and profound humilitie demanding from God light and wisedom in this most important affaire that soe touched holy Religion and his divine worship that he would be pleased to give a blessing to their worke there and for the better guiding their Consciences they seriously perused First the oath of association the rule of warr and peace with the confederat Catholicks which could not be contravened by any without perfidiousness and impietie 2. The model of Gouvernement 3. Several remonst rances printed in France the yeare 1642. Fourthly our grevances presented at Tryme March the 17. 1642. Fifthly the several acts and protestations made by the Kingdom in open assembly at Kilkennie in the mounths Iuliâ— and August 1645. for the liberties and splendour of Religion and for the Churches Sixtly the 17. propositions exhibited to his Maiestie yeare 1644. Seaventhly the further addition and propositions after propounded to the lord Marques of Ormond All these things 〈◊〉 examened with great deliberation and attention being the rules laid downe by the whole Kingdom for regulating the committie of treaty as alsoe the committie of instructions for the said treaty and all others to whom any charge was intrusted They began with the important propositions the committie of treaty for the peace were to present vnto the Lord Marquez of Ormond Leutenant Generael of Irland sor and in behalfe of the confederat Catholicks of Irland for concluding a peace those propositions were the cheefe rules they were bound to observe in that treaty 1. One proposition was â—that the Roman Catholicks both Cleargy and Laity haue and enjoy the free and publick exercise of the Roman Catholick Religion through out that Kingdom as it was in the raigne of Henry the 7. or any other Catholick King his ptedecessours Kings of England and Lords of Irland had either in England or Irland 2. That the secular roman Cleargy of irland viz Primats Arch-bishops Bishops Ordinaries Deans and Chapters Archideakens and other dignitaries Persons Vicars and all other Pastors of the secular Cleargy and their respective successours shall have and enjoy all and every of them all manner of jurisdictions priviledges and immunites in as full and ample manner as the Roman Catholick Cleargy had or enjoyed within this Realme at any time during the raigne of the late King Henry the 7. of England and Lord of Irland any declaration of law laws statute power or any authoritie to the contrarie not with standing 3. That all laws and statutes made since the time of King Henry the 8. whereby any restreinght penaltie mulct or incapacitie or other restriction what-soever is or may be laid vpon any of the Roman Catholicks either of the Cleargy or laity for such the said exercise of the Roman Catholick Religion within this Kingdom and of their several functions jurisdictions and Priviledges may be repealed revoked and declared voyd in the next Parlament by one or more acts of parlament to be passed therin 4. That the Primats Bishops Archbishops Ordinaries Deans and Chapters Archdeakens Chancelours Treasurers Chanters prevosts Guardians of Collegial Churches Prebendaries and other dignitaries Persons Vicars and other Pastors of the Roman Catholick Cleargy and their respective â—uccessours shall have hould and enjoy all the Churches and Church liuings â—as large and ample manner as the late Potestant Cleargy respectively enjoyed the same in the first day of Septem 1641 togither with all their rights profits emoluments perquisits liberties to their respective Seas and Churches belonging as well in all places now in the possession of the confederat Catholicks as alsoe all other places that shall be recovered by the confederat Catholicks from the adverse partie within this Kingdom saving to the Roman Catholick Laity and their respective rights ackording to the lawes of the land The Roman Catholick Regular Cleargy of the Kingdom were to have and hould the Bodyes sites and precincts of their Abbeys Monasteries and churches c. These foure propositions were sworne by the Confederat Catholicks
Lynch knight whom I doe instance for a thousandmore not for any acquaintance with him what right I say had he to this knight's estate vpon what accompt did he invade the islands of Aaron this gentleman's inheritance and had his son Richard created earle of that place and estate it is manifestly known that Domimum perfectum plenum of said estate was in Sr. Robert Lynch and his heires and yet my lord tooke those lands from him quo titulo quo iure is the question deffend F. VVailsh if you can in this place your great patron ipsa synderesis tould Ormond that he was doeing wrong and robbery the lands appertaning to Sr Robert that judicium naturale quo as S. Basil speakes ab iniquis bona facile discernere postumus clearly convinced Ormond that he was doeing a robbery that law of nature quod tibi non vis fieri alteri ne feceris that light of which holy David speakes signatum est super nos lumen vultus tui domine all those sacred lawes cryed out the depriving of Sr. Robert Lynch of his estate was factum contra legem dei aternam all those lights of God and nature condemnes this fact soe that finis operis finis operantis objecctum circumstantiae omma qua agebat Ormonius erant contralegem Dei what then can he say or plead for himselfe or you for him he cannot alleage that he acquired that Dominium by any pact stipulation donation permutation or prescription what then will men say in this case noe other then that Ormonds invading that gentlemans lands was apertum latrâ—cinâ—um Likely you may tell me the King made a grant to Ormond of the said knights estate you know well that in lege naturae noe human power can diâ—pense and it is certaine that the law of nature doth bind all kind of men and that none can pretend exemption from the force of that law the impression therof being a light made in every mans haert soe that this law binds as well the prince as the lowest man legi naturae saith lactantius net praerogari fas est nec derogare ex hoc aliquid licet neque tota abrogari potest nec vero aut per senatum aut per populum hac lege liberari possumus shall I say more probable it is that God himself cannot dispense in the law of nature take S. Thomas his authority for it quia id sapientiae divinae omnino repugnat proendeque fieri non potest 1. 2. quaest 100. ar 8. ratio est saith the saint quia lex naturalis nihil aliud est vt docet S. Aug quam ipsius aternae legis incommut abilis rattonis ipsius divinae sapientiae in mentibus hominum facta transcriptio Now it is evidently cleare a man's life liberty fame lands estates and fortunes are his owne by the law of nature and that by force of the same law quisuis potest se defendendo sua vine vi repelsere and soe could Sr. Robert against Ormond invading his estate had he beene able to doe soe But you will say the landsand estates of subjects forfeited to the king for treason rebellion and other like crimes by way of attaindeur may be disposed of by the king I grant that but this authority for taking away from such men their lands and estates the prince hath from the law of nature which doth not protect any privat man to doe against the publick good wherefore the commonwealth can take away the life of a man and his estate though both are his by the law of nature when he transgresses against the prince or publick good to whom by pact or law of nature he should oboy this the prince can doe for justice sake but not for convenience or at his will and pleasure for the bonds prescribed to the jurisdiction of a prince are justice law and reason and not to doe his owne pleasure Now I would know from you what crime hath Sr. Robert committed was he convinced of any crime against the king before any bench of justice what hath he don who charged him the law of England a good law sayes noe man can be condemned but by course of law that is the subjects birth-right and to that effect are lawes made that justice may be don to all men princes are obliged in conscience to administer justice ackording the law I demand againe what hath Sr. Robert Lynch don you will say he was ingaged in the â—rish rebellion for soe you still call that just war which you could never as yet prove nor never shall but grant it hath been a rebellion Sr. Robert Lynch as all the confederat catholicks had an act of oblivion from the king in the peace of 48. ergo your rebellion was pardonned ergo Sr. Robert Lynch cannot loose his estate for that nor hath he since that time entred into a new rebellion or committed any act of â—reason Ormond cannot say he broake the Articles of peace of 48. for he still observed them and adhered to the gouverment and to Ormond and had nothinh to doe with the congregation of Iamestowne whose acts were by Ormond esteemed or reputed treasonable â— tell me then what right had Ormond to that noble gentlemans estate you see the King's grant if any he gave being against the law of nature and the law of the land is voyd and cannot excuse Ormond's conscâ—ience and if the king by a wrong information had granted one mans estate to an other that other cannot prescribe quia numquam erat in bona fide and consequently in conscience he is bound to restore the said estate because he houlds it malafide and the prince himselfe rightly informed is obliged in conscience to have the estate restored to the right owner But now let uâ— returne to the other part of the F letter wherin he vseth a christian freedom of minding the king and Ormond how dangerous a thing is the violation of publick faith and how such transgressors have beene severly punished in all ages but above all he brings downe a formidable example of publick faith broken with the Gabionites and how King David fir appeasing the great famin and the anger of God come vpon the people delivered to said Gabionits seaven children and nephews of Saul who crucifyed them alive vpon a montaine to expiat this publick horrid sin even in the face of sun Lib. 2. Reg. c. 21. he ends his letter to Ormond thus My lord conclude here but with my harty wilâ—es that in the house and at the Counsells of our great king your Excellency may both appeere and prove your selfe hereafter what you are in part already an other Ioseph that by the best advises you may preserve the best of Princes and all his people of soe many different nâ—tions of the british monarchy may it be soe my lord and may the catholicks of Irland in particular owne you a great deliverance as I can not but confidently