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-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
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
government but also entertaine him as their Lord and Master This I speake not God be my Iudge for disrespect to so noble a personage who if hee followed the steps of his noble Catholique progenitors and were disingaged from wicked Councell might well deserve such honour but to discharge my conscience in a matter of such importance as concerneth the securitie of Religion King and Countrey 7. As this letter was dated so was it delivered and communicated to the Lord Marques long before the 29. of Iuly when and not before the Peace was concluded wherein I call as witnesses the conscience of those very noble persons who concluded and joyned in concluding this peace Nay the same hath beene confessed unto me even by some of them that subscribed unto the peace But the accompt which Mr. Browne gave unto the late Supreme Councell at Limericke after his returne from Dublin in the month of Iune and his publicke narration or declaration of the answer received from the Lord Marques in Dublin puts the question out of all doubt wherein he declared that the Lord Marques his Commission was confessed by himselfe to have beene recalled and that therefore he could conclude no peace with us His returne then without effecting any thing and the very originall letter above mentioned shewne to Mr. Browne and others by the Lord Marques doth confirme it 8. It may be answered that the Lord Digby brought over some new Commission from France authorizing the Lord Marques to proceede in the peace But this is as easily denyed as it is affirmed without apparance of truth it being most certaine and so signified by letters from Paris to the Councell and Congregation that the Lord Digby never saw the king nor received letters from the king from the time he left Ireland untill he returned backe how then could the Lord Marques his Commission be renewed some letters are said to have been brought over by the Lord Digby in Cyphers the interpretation whereof must be received from the Lord Digby onely But this may carry asmuch truth as the former and though it were true yet have the Confederate Catholiques no reason to give credit in a matter of such high concernment to such Interpreters but supposing all were true it would never be able to render the peace concluded the 29. of Iuly valid forasmuch as the same peace is grounded on the Commission given unto the Lord Marques 24. Iunij 1644. and the 20. yeare of His Majesties Raigne which as you have heard was recalled before the foresaid 29. of Iuly and not on the new imaginarie Commission brought over by the Lord Digby wherefore if they would render the peace ought worth or of any validitie in law they ought to ground the same on this new Commission and not on the old or if this new Commission were a Continuation or a reintegration of the old both should be inserted in the Articles of peace if they intended to conclude any valid or solid peace Shall I speake the truth in simplicitate cordis mei as that peace alone was concluded which pleased the Marques of Ormond and all other peaces that pleased God and man king and Countrey were rejected so then was the peace concluded when it pleased Ormond namely when her and his pretended Protestants could no longer subsist their brethren the Scots and other Parliamentarie Rebells being reduced to nothing in Vlster and Connaught while these monsters could craule the conclusion of any peace was protracted while Bunratty was in dispaire Roscoman and other places in Connaught in defiance against the Confederate Catholiques then the Marques his Commission was recalled but when the Catholique Confederates recovered all these places and gained two glorious victories against the Enemie then this demortued Commission was suddenly revived and a peace was concluded upon maugre all the resistance of the Lord Nuncius and Clergie or the soundest part of the Councell and Committee of severall acts and protestations made by the whole kingdome in the assemblies held in August and February 1645. But qui habitat in coelis irridebit eos Eijce ancillam Heresie hath already too long tyranniz'd in Ireland more in the following paragraph and paragraph 3. numb 13. where the king by his Declaration or at least by that Declaration which was set forth under his name is content to leave the managing of the businesse of Ireland wholly to the two houses of England which if the Reader please to compare with the vote of the Commons above mentioned numb 6. Hee will finde that the Catholique Confederats are like to loose to their king and themselves all Ireland if they part with the government of such Cities Forts or Garrisons as are in their Quarters or with the Command of their armies c. to any that is not a sworâ—â— Confederate Catholique §. 2. That neither obligation of law or honour utilitie to His Maiestie or necessitie of the kingdom did induce our Councell to conclude this Peace 9. THat no obligation of law did enforce our Committee to conclude this peace is evident by what even now we expressed in the foregoing paragraph for if the articles though signed and sealed on the 28. day of March yet remained still as a scrole untill the 29. of Iuly following at which time and not before they were delivered and begunne to oblige then is it certaine that during that intervall our Committee were free and at their owne libertie to perfect or not perfect conclude or not conclude the said Articles yea they could not with integritie of conscience and discharge of the trust imposed on them proceede to the deliverie or conclusion of the said Articles being enformed that His Majestie had now recalled the Marques his Commission authorizing him to conclude a peace it being a Maxime generally received aswell in the lawes of England as in the Cesarean or Common law extingui mandatum per revocationem mandantis that a Commission given to any is extinguished by the revocation thereof and out of the extinction of the Commission foloweth the extinction also of all obligation to pursue the contract nay wee shall shew hereafter that the Commission given to our Committee to conclude this rejected peace was not onely invalid but also sufficiently recalled before any such peace was concluded Wherefore wee may without difficultie conclude that no obligation of law did enforce our Partie to conclude this peace As then the Lord Lieutenant did recoyle from those articles which he himselfe signed and sealed esteeming himselfe not to be obliged by any such signing and sealing to deliver the same so hereafter in case wee were brought to that fooles Paradise to accept the peace and hee once possesse our Armies and garisons hee will likewise recoyle and tell us when wee looke for performance of the Articles Sirs my Commission was recalled when I concluded this peace with you what I have done therein was grounded upon no authoritie and therefore invalid
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
preseruing my Protestant Subjects in Ireland by a continuation of the warr haueing moved me to give you these powers and directions which I haue formerly done for the concluding of a Peace there and the same growing daily much more evident that alone were reason enough for me to enlarge your powers and to make my Commands inthe point more positive But besides these considerations it being now manifest that the English Rebels have as farras in them lies given the command of Ireland to the Scots that their aime is at a totall subversion of Religion and Regall power and that nothing lesse will content them or purchase Peace here I think my self bound in Conscience not to let slip the meanes of setling that Kingdom if it may be fully under my obedience nor to lose that assistance which I may have from my Irish Subjects for such scruples as in a lesse pressing condition might reasonably be stuck at by me For their satisfaction I do therefore command you to conclude a Peace with the Irish whatever it cost so that my Protestant Subjects there may be secured and my Regall Authority preserved But for all this you are to make me the best bargaine you can and not discover your inlargement of power till you needs must And though I leave the managing of this great and necessary work entirely to you yet I cannot but tell you that if the suspension of Poynings Act for such Bills as shall be agreed upon between you there and the present taking away of the Penall Lawes against Papists by a Law will do it I shall not think it a hard Bargaine so that freely and vigorously they ingage themselves in my assistance against my Rebels of England and Scotland for which no conditions can be too hard not being against Conscience or Honour 22. Many things are here to be carefullie oberued by the Confederat Catholikes first that this letter or enlargment of the Marques his power was neuer communicated vnto our Councell or Committees though then and after in atctuall treatie with hym for a peace by vertue of a former Commission giuen him by his Maiestie the 24. th of Iune before vntill the same was put into the presse by the Parliament who found the same in his Maiesties Cabinet in the battell of Nasby from the print of London it was sent into France and there sent by accident into Ireland yet the reuocation of the Marques his Commission by the letter of the 11. of Iune aboue mentioned was forthwith and without delay communicated vnto vs by the Marques and soe punctuallie obserued as noe precedent obligation past betweene him and the Confederat Catholikes could induce him to goe forward By which the Confederat Catholikes may with resentment take notice how litle behoulding they haue beene vnto the Marques of Ormond for any graces or fauours shewd them by him though his fauorits haue extolld his imaginarie fauours don the Contry beyond measure 2. Whether the Kingdome haue more cause to conceiue iealousie in this respect against the Marques who as yow may behould in the letter had some Commaunds not to discouer the enlargment of his power till he needs must than against the then supreme Councell who receiuing this letter in Iuly or August 1645. did neuer to this day reueale or publish the same vnto the kingdome whether this was don by them because they were then actuallie concluding a peace in huggar muggar with the Marques and therin resolued to reiect these royall graces of the repeale of the penall lawes and suspension of Poynings act and therfore would not discouer these graces least theire owne remisnes in the cause of God should be likewise discouered or for what other cavse they did it 't were fit to bring into question 3. we are to obserue with what confidence the Marques proceeded with our Committee with whom he doubted not to conclude a peace on more abiect Conditions than the king himselfe did grant vnto them 4. That as Sir William Parsons and the rest of the Rownd-headed priuie Councell of Dublin did suppresse from the Contry the graces sent ouer into the Chtholike Confederats of Ireland the August before the first of these Commotions soe our owne intrusted Catholikes suppressed these other graces granted vnto vs by his Maiestie since these Commotions inimici hominis domestici eius 5. out of all which yow may further obserue the hypocrisie of some great ones in Dublin who to cloake theire disloyall recourse for succours to the Parliamentarie Rebels gaue out that they were forced therunto for theire necessarie defence against the Confederat Catholikes wheras it is is most certaine if the Marques had granted vnto vs what the king commanded him by this letter and not giuen for his owne priuat ends to the kings irrecouerable detriment impediment to the Earle of Glamorgans articles of peace the Catholike Consederats had ioynd with armes and hearts in soe happie a peace and by Gods blessing they had with the hazard of theire liues estates and fortunes together with the aids of forren Catholike Princes and Prelats preuented and preserued his Majestie from the deplorable condition wherin now he is and chased out the of three kingdomes his sworne enemies In a word the Marques and those of Dublin sent vnto the kings Ennemies for succours not to defend themselues as they pretended but to defend theire obstinat disobedience to the kings Commands and their inordinat desires to preserue these pernicions hereticks who are known toside with and sweare for the Parliament wherfor the Confederat Catholikes did discharge theire dutie to God and theire allegiance to theire king in setting vpon such disloyall Refractories wherin they proceeded Like faithfull subjects in a defensiue way endeauouring to maintaine the present grants and graces which theire gratious Soueraigne conferred vpon them and the ancient fundamentall lawes of the kingdome chiefly that of Magna Charta wherin theire religion liberties liues and estates haue beene secured vnto them for defence Wherof millions of noble Catholike subjects in England in former ages haue sacrificed theire liues and fortunes and taken vp armes euen against theire owne soueraignes how much more iustlie might the Confederat Catholikes for defence of the same lawes take vp armes against theire fellow subjects who as they haue rebelled against God by repealing those ancient fundamentall lawes and establishing new destructiue to the Catholike faith soe haue they and still doe rebell against the lords annointed theire liege lord and soueraigne by disobeying his lawfull Commands and attempting the ruin of him and his royall issue But these obseruations on that letter are extrinsecall in the fol. lowing paragraph we will present the Reader with other obseruations that are intrinsecall §. 6. His Majesties Confidence in the sidelitie and assistance of the Confederat Catholikes Parliamentaries iustlie branded by his Majestle for Rebels and theire actions Rebellions 23. Before the forsaid letter of the 27. th of februarie was written and sent
by his Majestie to the Marques of Ormond his Majestie wrote and sent three other letters vnto him wherof the first was dated December 15. 1644. and continueth what followeth As for Poynings Act I referre you to my other Letter and for matter of Religion though I haue not found it fit to take publique notice of the paper which Brown gave you yet I must commande you to give him my L. Muskery and Plunket particular thanks for it asluring them that without it there could have been no peace and that sticking to it their Nation in generall and they in particular shall have comfort in what they have done and to shew that this is more then words I do herby promisse them and command you to see it done that the Penall Statutes against Roman Catholiques shall not be put in execution the Peace being made and ther remaining in them due obedience and further that when the Irish gives me that assistance which they have promised for the suppression of this Rebellion and I shall be restored to my Rights then I will consent to the Repeale of them by a Law but all those against Appeales to Rome and Premunire must stand all this in Cypher you must impart to none but those three already named and that with injunction of strictest secresie so again recommending to your care the speedy dispatch of the peace of Ireland and my necessary supply from thence as I wrote to you in my last private letter I rest 24. The second letter is dated from Oxford 7. Ianuary 1644. and containeth what followeth The Rebels here agreed to Treat and most assuredly one of the first and chiefe Àrticles they will insist on will be to continue rhe Irish warr which is a point not popular for me to break on of which you are to make a double vse First to hasten with allpossible diligence the Peace there the timely conclusion of which will take off that inconvenience which otherwise I may be subject to by the refusall of that Article upon any other reason Secondly by dextrous conveying to the Irish the danger there may be of their totall and perpetual exclusion from those favours I intend them in case the Rebels here clap up a Peace whith me upon reasonable termes and only exclude them which possibly were not councelable for me to refuse if the Irish Peace should be the only difference betwixt us before it were perfected there These I hope are sufficient grounds for you to perswade the Irish diligently to dispatch a Peace upon reasonable termes assuring them that you having once fully engaged to them my word in the conclusion of a Peace all the Earth shall not make me break it But not doubting of a Peace I must again remember you to presse the Irish for their speedy assistance to me here and their friends iu Scoland Myintention being to draw from thence into wales the Peace once concluded as many as I can of my Protestant armedsubjests and desire that the Irish would send as great a Bodyas they can to land about Cumberland which will put those Northern Counties in a brave condition wherefore you must take speedy order to provide all the Shipping you may as well Dunkirk as Irish Bottomes and remember that after March it will be most difficult to transport men from Ireland to England the Rebels being masters of the Seas So expecting a diligent and particular account in answer to this Letter Irest 15. The third letter is dated at Oxford also february 16. 1644. in the postscript wherof for the letter it selfe we haue not seene it is thus written In case vpon particular mens fancies the Irishpeace should not be procured vpon powers I haue alreadie giuen yow I haue thought good to giue you this further order which I hope will proue needles to renue the cessation for a yeare for which yow may promise the Irish if yow can haue it noe better cheape to ioyne with them against the Scots and Inchequin as aboue yow haue heard where we are to note that his Majestie forseing that the power alreadie giuen the Marques was not sufficient to induce the Irish to a peace enlargeth by his letter dated the selfe same month to witt the 27. of february aboue num 21. mentioned the former power giuen to the Marques and expresseth in particular the points Wherein this power is enlarged namely to the suspension of Poynings act and present taking away of the penall lawes against Papists which by his letter of the 15. th December his Maiestie promised to repeale when he should be restored to his rights and for the present commanded the same penall lawes should not be executed But whatsoeuer the king commanded the Marques to performe by these letters the Marques hath contemned whatsoeuer he hath promised our Committee hath neglected and whatsoeuer he hath actuallie granted they haue reiected Among many obligations by which Mandatorius or a Commissioner or Committee is obliged mandatori to him that giues the Commission that is a principall one that the Commissioner is dilig entlie to obserue the commands giuen him and as he is not to exceede his Commission soe is he not to deuiat from the same wherein how farre the kings Commissioner on his part and our Committee on theire parte haue transgressed we leaue to the censure of those that haue eyes to see and iudgment to discerne To gaine credit in court and to be courted with letters from great ones was more esteemed than the aduancement of Religion king or Conrry vae filii desertores non per spiritum meum c. habentes fiduciam in vmbra Aegipti some of our owne Committee in lieu of solliciting the cause of God of religion king and Contry wherwith the kingdome intrusted them became actiue instruments for the aduerse partie and busie Postilions from one Commander and from one Gentleman to an other to sollicit them to a defection and some of these are knowne to haue receiued priuar letters from great ones with whom to ingratiat themselues what would they not attempt though when matters are well discussed it shall appeare to the world that they proued such bad Proctors as marr-d all the busines and hindred irrecouerablie vnles God streatch forth his helping hand both king and Contry were they soo diligent in promoueing the cause of God intrusted to them by the kingdome they would at least shew themselues soe prouident and carefull as they Would cause these missiues Royall or the substance of them for soe much as concerned the repeale of the penall lawes and suspension of Poyning act to be inserted in the articles of peace that the Contry might haue some consolation and religion some Securitie But if yow marke it well they haue followed the instructions of the aduerse partie against whomthey were imploied and not of the kingdome for which they were imploied referre all things to the king saith the aduerse partie and that is don though
they knew in theire owne soules the king will neuer be able whilst he remaine in his present wofull Condition to grant vs what alreadie he hath commanded to grant vs let nothing be referred to vncertainties but obtaine an actuall execution of these Commands and graces which the king hath alreadie granted vs and which is due vnto vs by our birth right saith the kingdome and that is not don how seuerly the ancient Iurists or Canonists haue censured such kind of Commissioners who vel ex culpa leuissima doe thus neglect or sleight the execution of the Commands giuen and what punishment are to be inflicted on them are expressed in the Canons and schoolemen wherunto we referre the learned Readers 26. Obserue I beseech yow the motiues that induced his Majestie to command the repeale of the penall lawes and suspension of Poynings act the preseruing of his protestant subiects and the kingdome of Ireland from the Scots to encourage his Irish subiects to assist him against the English and Scotish Rebels to represse the rebellion in England and to aduance the kings seruice in Scotland by our friends there The kings Commissioner and ours haue gon the cleere contrarie way to worke and as by Preposterous accelarating this peace they haue giuen a maine impediment to the prosecution of our victories in Vlster and Connaught soe haue they by theire compliance with one an other hindred the succours which the kingdome commanded to be sent for his Majestie by Antrim into Scotland and by Glamorgan into England Note I pray yow the words of the letter of the 27. of februarie for theire the Irish satisfaction I doe therfore command yow to conclude a peace with the Irish what euer it cost A generall command yow see this is which hath noé other modification or restriction than soe as my protestant subiects there may be seoured and my regall authoritie preserued the later part the Irish haue sworne to doe in theire oath of association oath of fidelitie and in theire seuerall protestations and declarations wherunto the doctrine of the Catholike religion which in opposition to all sects maintaineth monarchie and regall authoritie addeth a further obligation The former to witt the securitie of his Maiesties Protestant subiects the Catholike Consederats haue assured in theire seuerall declarations and are readie to giue such further assurance as the law of God and charitie can oblige them to giue in that case adding further that they shal be more secure and safe among the Consederat Catholikes than among the Parliamentarie Rownd-heads who haue spilt most vnnaturallie and barbarously more Protestants blood in England and that causleslie than ouer the Catholikes since these warres haue in theire owne defence spilt in Ireland The Protestants themselues may reade carefullie the Treatie or conference latelie past in Dublin betweene his Excellencie the Marques of Ormond and the fiue Commissioners of the Parliament and glasse theire owne miserie By Protestants we vnderstand such as professe the protestant doctrine established in England an 1562. and comprized in the 39. articles and not any new Parliamentarie Protestants who as they haue demolished the ecclesiasticall hierarchie maintained in the said articles soe haue they as much as in them lay monarchicall gouernment such a brood of vipers which deuoureth both Church and state king and Prelat may not be licenced to cohabit with the Confederat Catholikes Qui enim dicit illis ave Communicat operibus eorum malignis 27. Obserue further that according the forsaid letter the authoritie to coÌ„clude a peace is entirely in the Marques yet hath hiâ— Excellencie euermore assumed to his assistance and ioynd in a manner in the same authoritie with him those of the priuie Councell in Dublin who for the most part of them are knowne to haue either adheared to the Parliament or to haue beene impeached of high-treason by the kingdome they fearing theire heads would neuer suffer or aduise the Marques to condescend vnto a good peace And if my author who liued in Dublin and was an eye-witnes of what he related vnto me may be belieued those very porsons who were knowne to adhere to the Parliament euen those foure who for that cause were once commiâ—ted to the Castle by the Marques haue had in the Ins there priuat Conuenticles together with the lord Chancellour lord lowther and Maurice Eustace who I meane the three last after theire priuat consultation there would repaire to the priuie Councell in the Castle where theire aduise as learned in the lawes was followed in promoueing this Peace and theire aduise was instilled according the infusions receiued in the Parliamentarie priuat Conuenticles soe this inference may seeme more than probable whatsoeuer was don in promouing and concluding this peace was not done according the direction and Commands of his Majestie but according the advise and and Councell of Parliamentarie Rebels The effects proue the veritie of this inference 28. To conclude the king holds it not a hard bargaine to grant vs the repeale of the penall lawes and the suspension of Poynings act soe we freely and vigorouslie engage our selues to his assistance noe other condition of secureing his protestant subiects or preseruing his regall authoritie doth herequire of vs for conferring on vs those two graces which I wish those Gentlemen did take notice of who when they were questioned by the Congregation wherfore they laboured not to obtaine the benefitt of the graces by this letter conferred on vs and to cause the fame to be inserted in the articles of peace excused the Marques of Ormond or rather themselues saying that there were other conditions added in the letter which yow see is not consonant to truth for soe much as concernes these parricular graces other more ample graces might be also granted by the Marques vnto vs if we secured the Protestants and preserued regall authoritie for on those more ample conditions the king commanded him to make a peace with the Irish whateuer it cost and aggrauateth the matter more earnestlie in the conclusion of his letter affirming that to gaine our assistance against the Rebels of England and Stolland no conditions can be hard not being against conscience and honour wherein euermore he supposeth the repeale of the penall lawes and suspension of Poynings act to be neither against conscience or honour or against the securitie of his Protestant subiects nay we shall els where demonstrat it that our kings of England are tyed by the ligatures of promise royall past by thire royall progenitors and solemne oath taken at theire Coronation at least indirectlie to repeale the said penall lawes in asmuch as they haue beene surreptitiously enacted in these later dayes of defection against that Catholike faith which our king by the said promise and oath haue beene obliged to defend and maintaine I must not here passe by that the king commaÌ„ds the repeale or present taking away of the penall lawes without any lymitation or exception the Marques of
or future Concessions to be granted by his Majestie as if he would be moderator or superintendent ouer king and subject It Was not enough to disobey the kings Commands giuen to himselfe to repeale those lawes c. but he must also positiuely oppose those other Commands giuen by his Majestie to others and the Conclusion therupon made wherfore It is conceaved whateuer the Marques of Ormond hath treated or concluded with our Committees in this peace that was comprehended in Glamorgans Commission and by him concluded with the Catholike Confederats were treated and concluded by the Marques without any power or Commission not onely because his Commission was recalled as yow haue heard aboue in the first § but also because these very articles concerning the spiritualitie especiallie that first article where the Marques would needes referre vs vnto the king for the repealing of the penall lawes c which the king alreadie granted vs were exempted out of his Commission by the Commission granted vnto Glamorgan soe as that maxime mandatum secundum derogat primo si in secundo fiat mentio de primo must passe currant Cap. graue de officio Iud ordinarij 31. To the same effect but with more energie is that other maxime or interpretation admitted by schoolemen and Canonists mandatum speciale derogat generali etiam si eius ni hil meminerit a speciall Commission such as Glamorgans was doth derogat to the generall though therein there were noe mention made of the generall If we looke for other arguments to auoid this assumed pouuer of the Marques of Ormond the Canons will afford vs many this alone may suffice for the present mandatum finitur sirem demandatam quis alius idonee gesserit a Commission is ended if any other hath conuenientlie accomplished the thing giuen in Commission to be don v. g. if a man giue a procuratorie or letter of Atturny to any to purchase a peece of ground if any other or he himselfe who gaue the procuratorie shall purchase the same peece of ground before the Atturny cessat mandati actio saith the law soe in our case if the king or Glamorgan for the king hath conuenientlie and agreeable to the kings Commands accomplished that very command which before was committed to Ormond but by him sleighted then hoc ipso is Ormonds Commission expired neither ought or could our Councell or Committee haue recourse To Ormond to treate or conclude those things which were allreddie concluded by the kings speciall Commissioner vnlesse it were to confirme in the kings behalfe what alreadie was concluded by the same CoÌ„missioners and to cause those articles granted by Glamorgan to be coÌ„firmed by act of parliament as well as any other articles or concessions granted for the temporalitie that were agreed vpon with the Marques of Ormond 32. It was agreed vpon by the Earle of Glamorgan for and in the behalfe of his Maiestie his heires and successours that the Marques of Ormond or any other authorized or to be authorized by his Maiestie should notdisturbe the Catholikes in theire present possession or continuance of the possession of theire Churches iurisdiction c for assurance wherof the Earle engaged his Maiesties royall word and publike faith and his Majestie himselfe in GlamorgaÌ„s patent in the word of a king and a Christian promised to ratifie and performe whatsoeuer the Earle granted vnto the Confederat Catholikes and least his promise royall should be frustrated his Maiestie communicated by speciall letters the Commission giuen Glamorgan and his resolution in this particular to the Marques But alas all was in vaine soe farre were these seeming Royalests and reall Parliamentaries of Dublin engaged with or at least awâ—d by the Parliament of England as they neuer yet yeelded to any thing or complied with the kings CommaÌ„ds in any thing that they thought would be offensiue to the Parliament in so much as that chiefe Gouernour who of all others should aduance this opportune seruice in the kings spressing necessitie was the onely man that hindred the same Now after the word of a king and a Christian soe solemnely and gratiously engaged vnto the CoÌ„federat Catholikes but blasted by the Marques of Ormond a noble Catholike Peere of this realme the Marques ClaÌ„richard is brought in by the Marques of Ormonds proctors to imbarke him selfe in a busines Wherein he was neuer authorized by his majestie nor inuited by the Catholike Confederats and he vndertakes to giue vs nothing but to procure vs some thing and that less than the king himselfe by publicke coÌ„tract hath actuallie graÌ„ted vnto vs. Truly I am persuaded the Catholike CoÌ„federats will not be soe amused as to reiect the word of theire soueraigne and to accept of the word of theire fellow subiect who is less able to procure a performance of what he promiseth than the Catholicke Confederats themselues are To plant that heresie in England in the dayes of Elizabeth who now hath bathed these three Ilands in theire owne blood such art was vsed hereticks assumed Catholikes as instrumeÌ„ts to compasse theire designes where indeed they preuailed but the fatall end of such Catholikes and the vtter extinction of theire noble posteritie doth manifest to present and future ages how odjous theire enterprise was to God and his Angels Caput aspidum sugent occidet eos lingua viperae If the Marques of OrmoÌ„d fo und out a way as he thinks to crosse vs of the kings owne graces and Concessions who may doubt he will find out a way to crosse Clanrichards engagment we do not meane to looke for those graces and priuiledges by petitioÌ„ or sollicitation of others which are allredie granted vs by publicke Contract maugre all emulous subiects the Catholike Confederats shall haue the full benefitt of Glamorgans articles together with the fruit of theire possessions and victories since then acquired neither will they be deluded by any vnualid vniust and dishonourable peace which any Puritan statists would by factioÌ„s enforce vpon them §. 8. The invaliditie of the rejected peace proved out of the insufficiency of the Commission given the Committee of Treaty 33. HItherto wee have shewed the invaliditie of the rejected peace on thâ— part of the Marques of Ormond and his Commission now wee are to shew the invaliditie of the same peace on the part of our Committee and their commission wherein being matter of fact many acts of assembly orders of the Councell protestations of the Clergie c. must be alleged and produced What I could light on I will with integritie cite what I could not light on and may make for these noble Persons that concluded or concurred to the conclusion of that peace I must leave to their citation when they please to impugne this Survey or any part thereof Among the acts of the first Supreme Councell I finde a commission made by that councell 5. April 1645. unto thirteene persons namely Mountgaret Muskerie Dubliniensis Antrym Alexander mac Donell
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
by act of assembly 26. of Iuly 1644. Where it was declared full and binâ—â—ng without addition they declared perjured who affirme the said Oâ—th admits any equivocation or mentall reservation By observing each branch oâ— this Oath every indifferent man may discover wherein the contrivers of the late rejected peace have violated the same I may not here insist upon all branches take Reader these few notes onely upon some First they have not maintayned the power and priviledges of the Parliament of Ireland as well because they wilfully rejected the suspension of Poynings act and resolved nothing for the repeale thereof as also because they have not established any thing efficatiously to exempt it from any dependency on the Parliament of England Secondly they have not maintayned the fundamentall lawes of the kingdome chiefly MAGNA CHARTA and those other lawes which are ampliations and explications thereof and sseighted the prosecution of those who have been impeached by the whole kingdome for overthrowing the said fundamentall lawes Thirdly they have not defended upheld or maintayned the free exercise of the Roman Catholicke saith and Religion throughout this land forasmuch as they have concluded a peace without procuring a repeale of the penall lawes surrepâ—itiously established since the dayes of heresie against the free exercise of the same Religion Which repeale was graciously condescended unto by his Mâ—jâ—sty in his letters to his Lord Lieuteâ—aâ—â— of the 27. of February 1644. 61. This branch of the Oath was corroborated by act of assembly by our 17. propositions and by our frequent Declarations wherein we resolved never to make a peace without the repeale of these penall lawes Whether Glaâ—â—â—gaâ—s peace were to be deemed valid or invalid it was their part to presse the Kings Lieutenant to comply with his Majesties command for repealing the penall lawes The free exercise of religion intended by those that tooke that Oath was understood to be somewhat more than that which we had before these distempers Ergo by the free exercise of Religion they understood the free exercise thereof in Churches for before these distempers they had the free exercise in privat houses c. This interpretation is confirmed by the act of assembly wherein it was unanimously ordered never to restore any the Churches in our possession By this peace nothing is established to secure us of the free exercise of our Religion either in Churches or privat houses the governement of our Cities and Garisons together with the command of our Armies is given to the enemies so as whatsoever the Assembly hath enacted for keeping the churches would be infallibly fiâ—strated there being nothing to debarre the protestant Ministers to reinvest themselves in the same Churches Wherefore the Clergy proceeded prudently when they resolved that they ought to make a positive act for preservation of their Churches 62. Fourthly they have not according to their oath defended the possessions estates and rights of all those that tooke the oath of association particularly that of their fellow-members the Clergy as above you have heard As for the provision they have made for the seculars lands and possessions in the fourth article its certaine the same is in no sort valid untill it be confirmed by Parliament which when it shall be they doe not know See our observations on the fourth and fifteenth Article Fiftly that the said Councell and Committees have at least indirectly done severall acts to the prejudice of the cause of God is evident by what proofes wee have hetherto produced So as all things being well pondered it s no lesse evident that the severall decrees given by the clergie against such as contrived perfected and approved the said peace is most just and valid qui autem superbierit nolens obedire Sacerdotis imperio qui eo tempore ministrat Domino Deo tuo decreto Iudicis morietur homo ille auferes malum de Israel See above number 46. What may be pressed against the contrivers of this peace out of the first branch of this oath concerning the allegiance and loyaltie due to our Soveraigne and this commonwealth wee willingly omit hoping that God of his mercy will in his owne time produce a happy atâ—onement for the reliefe of this distressed Nation §. 21. That the Excommunications fulminated by the Lord Nuncius and Ecclesiasticall congregation against such as adhere to the late rejected peace is both just and valide 63. We are here to suppose that which faith teacheth us to wit that in Gods Church there is power to excommunicate and that the same power hath beene practised by the Apostles themselves and their successors men constituted in Apostolicall jurisdiction The cause of Excommunication according the received opinion of Schoole-men grounded on the Canons is deadly sinne yea veniall sinne is a sufficient cause Excommunicationis Minoris In consequence to the foresaid Decree of perjurie other decrees were made by the said congregation and particularly one dated the 17. Augusti 1646. imposing upon such cities and townes cessation from Masse and divine office that would admit the publication of the peace On the first day of September following a comminatorie excommunication was set forth against those that would adhere or by any meanes favour the said peace but the evill as yet increasing divisions and factions perpetually multiplying after severall admonitions another Excommunication was published the moneth following wherein I reade thus In pursuance of which decrees being forced to unsheath the spirituall sword wee to whom God hath given power to binde and loose on earth c. doe cum virtute Domini nostri Iesu deliver over such persons to Sathan that is to say we excommunicate execrat and anathematize all such as after publication of this our decree and notice either privately or publickely given them hereof shall defend adhere to or approve the justice of the said peace and chiesely those who shall beare armes or make or joyne in warre with for or in the behalfe of the Puritans or other heretickes of Dublin Corke Yoghell or of other places within this Kingdome or shall either by themselves or by their appointment bring send or give any aid succour or reliefe of victuals ammunition or other provision unto them or by advâ—se or otherwise advance the said peace or the warre made against us These and every of them by this present decree we doe declare and pronounce Excommunicated ipso facto c. 65. The cause of this Excommunication besides the sinne of perjurie above mentioned is contumacie against the decrees of holy Church concurrance to the advancement of heresie and suppression of Religion together with many other causes which may be collected out of what hetherto wee alleaged Sequestrari oportet graviter lapsum saith S. Ambrose ne modicum fermentum totam massam corrumpat Cum excommunicat Ecclesia saith S. Augustin in coelo ligatur Excommunicatus Hoc nunc agit in Ecclesia Excommunicatio quod agebat
tunc in lege veteri interfectio Which I wish those that glorie in their malice by maintaining still and adhering to the said peace did reflect on 66. Examples of such like Excommunications histories doe record Fulke Archbishop of Rhemes when he had manifested unto the world the turpitude of the peace made by Charles the French King with the Normans and the greatnes of the crime resolutly threatned him with Excommunication saying if you doe that thing namely make a peace with the Normans and give way to such Councells you shall never finde me faithfull I will draw backe from your fidelitie all that I may and with all my follow Bishops excommunicating you and all yours I will condemne you with an eternall Anathema Yet was not this peace which the French King intended to make with the Normans by many degrees so peâ—nicious to Religion as the late rejected peace was The like excommunication was actually fuâ—minated by Pope Iohn the eight against the Princes of Italy because they made a peace with the Saracens which peace was indirectly onely prejudiciall to the catholique faith in scelere impio manentibus misâ—rendum non est saith the Pope The like Excommunication was fulminated by the same Pope for the same cause against the people of Amalphitan unto whom he thus speaketh wee together with the consent of all the Apostolique See doe deprive you of all sacred Communion and separate you from the Society of Gods Church that you remaine in the same excommunication untill repenting you separat your selves from the wicked pâ—ey of the Pagans Geossâ—y Prince of Salernitan upon the like Excommunication being terrified bâ—oke off the peace hee had with the Saracens and afterward had the slaughter of many of them witnes Leo Ostiensis Our Chronicles of England have registred many examples of the like excommunications See Conc. Lateran sub Innocent 3. Decreto de haereticis vide etiam cap. exâ—om § credentes de haereticis cap noverit de sententia Excommunic Bullam coenae plurib locis Out of all which those eight Catholique Churchmen in Dublin may finde grounds enough to rectifie their opinion holding that the bare adhering to the late rejected peace was not a sufficient cause of Excommunication The resolution of an objection 67. Nothing was done saith the Authors of the late peace by us in the peace now published but what was exactly agreable to the unanimous sence and vote of the late generall assembly held at Kilkenny in March last whereof the catholicke Bishops were members and in whose hearing the substance of the peace as it stands now concluded was publickely read and transacted Whereunto wee answer First that information is made that some of those articles were changed in substance particularly the first article for manifesting whereof we cannot but referre our selveâ— to those that were then present in that assembly Certaine I am the Bishops consented not thereunto and it is as certaine that the soundest part of the Councell and Committee could never be induced to give their free assent therunto as above we have noted Secondly let us give it for granted that the assembly did assent therunto was not Glamorgans peace then in full force whereon the kingdome chiefly insisted Now this peace being revoked and by the Kings Leutenant rejected who may doubt but the whole kingdome would renounce the peace agreed upon with the Marquesse of Ormond and never trust to that alone This is evident seeing they renounced a better peace by his Excellency in August before offered unto them in his briefe of concessions Wherefore the Councell and Committee upon this alteration to discharge themselves should procure a new assembly to be called upon as the Lord Nuncius desired Thirdly by that assembly the committee of treaty had no power given them to conclude but to treate of a peace Fourthly that very generall assembly by publicke contract betweene them the Lord Nuncius and Glamorgan decreed the contrary never to conclude or publish any peace with the Lord Lieutenant untill the peace agitated between the Nuncius and Glamorgan were concluded and together with the other published which is an evident signe the kingdome never intended to accept of the one peace without the other Fiftly the principall part of the body politicke of the kingdome recalled your commission if any you had and protested against your proceedings See above § 10. n. r. Contrary to all this you concluded a peace Iurkingly and when you knew the kingdome would not accept thereof you endevoured to force the same upon them and to this day doe continue in the same resolution by making of factions and divisions You ought to know that the non acceptance thereof did render the same invalid Leges nulla ex alia causa nos tenere quam quod indicio populi receptae sunt A briefe appendix concerning the Earle of Glamorgans peace and his Excellency the Marques of Clanrickards Engagement 68. In both three things are chiefely to be considered first the concessions or graces granted unto the confederate Catholiques 2. The grounds whereon they are granted and the securitie for performance 3. The parties betweene whom the contract passed As concerning the first by the Earle of Glamorgans peace there is granted unto the consederate Catholiques for evermore hereafter free and publicke exercise of their Religion all the Churches other than such as are now actually enjoyed by his Majesties Protestant Subjects exemption from the Iurisdiction of the Proâ—estant Clergie a repeale of all the ponall lawes the taking away of all incapacities that the Catholique Clergie shall have their Church livings c. By the Marques of Clanrickards engagement wee are not granted but a promise is made by his Excellencie to procure a revocation of the lawes in force in this Kingdome not absolutly as the King himselfe by his letter of the 27. of Februasy 1644. and his Commissioner the Earle of Glamorgan granted but restrictively inasmuch as shall concerne any penaltie inhibition or restraint upon Catholicks for the free exercise of their Religion The inconveniences which may befall the Catholiques by this Restriction is amply discovered by the late councell and Congregation and in some sort by me in the first part of this Survey whereunto I remit the Reader And this is that kinde of repeale which the Marques of Ormond himselfe once granted unto the confederate Catholiques in his briefe of Concessions but afterward fell backe from his word and by this engagement of Clanrickard hee obligeth himselfe to nothing 69. Here before I goe further I must appeale to the confederate Catholiques conscience whether he had rather have the subjects promise to procure forsooth a kinde of repeale of the penall lawes or the Kings own word actually commanding a repeale of the said penall lawes absolutely as he hath done not onely by himselfe immediately but also by his speciall commissioner the Earle of Glamorgan Then the confederate Catholique is to make this
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
statutes repealed whereof mention is made in the Collection of the Irish statutes I finde not this mentioned It is true that 3. and 4. Philip and Mary this statute and all other statutes enacted by Henry the 8. against the See Apostolicke and the Supreme power thereof were repealed though the statutes of such repeales were not recorded among the rest of the Irish statutes which some attribut to the corruption of the collector yet were the same statutes all revived confirmed and amplyfyed in the second yeare of Queene Elizabeths raigne where expresse mention is made of the statutes of the foresaid 28 yeare of Henry the 8. and not onely the grievances by me alleaged out of the same statute but also the Oath of Supremacy there established iterated and confirmed by the statute of 2. Eliz. so farre is it from truth that the foresaid statute was remaineth repealed Which our learned Lawyers that penned our declarations and remonstrances foreseing were therfore carefull to demand that not only the the act of 2. Eliz. in Ireland but also all other acts made against Catholick Religion since the 20. yeare of Henry the 8. should be repealed wherein they suppose the said statuts of Hen. 8. to be in force accordingly the first of our 17. propositions wherein we demanded a repeale of al pâ—nal lawes was propounded in general tearmes abstracting from the statut of 2. Elizab. and all other statuts Our Committee of the treatie should have followed their Instructions in this particular and not limit the revocation of the Oath of Supremacy to that Oath of 2. Eliz. knowing right-well that the other Oath of 28. Hen. 8. is extant in the printed Irish statute but the repeale thereof no where that I could find extant It were more honourable for this good Lawyer to take pen in hand if his joynts be not too stiffe and refute this Survey than to raile against the Author at other mens Table remove a te ospravum detrahentia labia sint procul a te I conclude with the Apostles advise I beseech you brethren marke them diligently which cause division and offences contrary to the doctrine which you have here learned and avoyde them For they that are such serve not the Lord IESVS CHRIST qut their owne bellyes and with faire speeches and flattering deceive the hearts of the simple Laus Deo Deiparaeque Omnia S. R. Ecclesiae Congregationis utriusque Cleri Hibernici judicio subjectasunto FINIS Erratasecundae partis PAg. 11. lin 23. for where reade whence pag. 13. lin he is omited p. 17. lin-21 for can reade and p. 25. lin 31. reade ontayneth p. 26. lin penult for in reade in p. 36. lin 24. who eade which pag. 44. lin 24. reade insufficient pag. 56. lin 26. reade Protestants p. 66. lin 64. reade Religion p. 79. l. 2. for 14000. l' reade 13000. l' p. 86. lin 14. reade yeelded ibid. lin 31. reade Churches yeelded pag. 94. lin 1. reade disease pag. lin 3. 97. reade us 1. Cor. 2. Gal. 1. A zor Instit moral par 3. l. 9. c. 7. â—illiuc to 2. tr 39. cap. 2. See numb 5. §. 5. 6. Glamorgans Câ—mmission Articles letter 27. February The revocation communicated to the Marques before the 29 of Iuly An objection preoccupated Psal 2. 4. Gal. 4. 30. See part 1. sup art 25. 28. Math. 6. 23. Psal 2. 4. Gal. 4. 30. Azor. Instit moral par 3. l. 9. q. 6. quaesito 4. Fillinc trac 39. Cap. 2. Kings letter 27. febr â—udic 9. 14. §. 4. l. diligenter mandati glos in c. sicui Is. 30. A zor instit moral par 3. l. 9. Cap. 6 â—ud v. pag. vlt. of his discourse of Ireland Azor supra Cap. 6. q. 5. et Filline supra Cap pastoralis de rescrip L si procurat § mandati ff mandati artic Glamorgan numb 5. Iob. 20. 16. The first argumeÌ„t proving the insufficiencie of our committees commission 2. Argument L. inter causas ff maudati l. quiae ff de Iurisd omniud l. ult ff de solut l. si quis alicu◠§. morte ff mandati Instiede mandato §. recte 〈…〉 3. Argument 4. Argument 〈…〉 Mr. Andrew Moore for this is my Author who sâ—w the letter 5. Argument 6. Argument 7. Argument 8. Argument 9. Argument Glamorgans peace not secure or honourable The NuÌ„cius urgeth the Councell to expect the Popes peace The CouÌ„ cell promise to complie with the Nuncius No firme peace could be made with Ormond Inhibition untill the King confirme the peace of Rome Pidelitie of the Irish The Church's care that loyaltie he observed to Princes 11. 5. 7. See against this 5. 19. Two Protestation sent by the Lord Nuncius The good peace rejected the worse accepted No reasonable motive to conclude this peace New warning not to conclude a peace Why the protestation was made for a while concealed The treaty of peace not discovered to the Nuncius The NuÌ„cius never assented to Ormonds peace Answers to the necessity No cause of feare More prejudice by this peace than by a warre Scire vos oportet quod nunquam ab aliquibus nostrâ—os homines sinimus â—pprimi sed si necessitas ulla occurrerit praesentaliter vindicamus quiae nostri gregis in omnibus ultores esse debemus praeciput adiutores Leo. 4. habetur c. 23. q. 8. cap. 8. omni timore ac terrore deposito contrae inimicos sanstae fidei adversarios omninm Religionum agere viriliter sludete no vit enim Omnipotens si quilibet vestrum morâ—itur quod pro veritate fidei salvatione patriae ac defensione mortuus est ideo ab eo praemium caleste consequetur idem ibid. cap 9. Seâ— Mercur Apologetic position 1. â—x can extrau commu lib. 1. tit 8. de major obed c. 1. Vâ—i supex lac de Graffijs decision 28. canonib 1. Machaâ— 2. 66. c. 3. 11. 23. c. 4. 20. 34. c. 10. c. 1 Answer 2. Answer See hereafter §. 19. 3. Anfwer The 4. answer The 5. answer 2 Reg. â—â— 26. Matth. 5. 19. Matth. â— 25. Math. 28. 20. Psal 109. 1. Chrysost in c. 1. Matth. Hieâ— â—bid contra Hcluid See hereafter §. 18. 19. 6. Answer 7. Answer 8. Answer L. Sicum l. cum quis 〈◊〉 desolut The 9. Answer The 10. Answer The 11. Answer The 12. Answer A threefold answer * Quibus cum benefeceris pejores â—…fiunt 2. Paral. 20. 17. Infra s 2. See hereafter numb 35 1. Machab 2. 47. Ezech. 13. 10. Act. 4. 5. Infra §. 19. V. Etiaâ—â— Panormitanum c. ult de restitut spoliat Azor 3. p. mor. Inst Cap. super quibusd de verb. signif Cap. caufam quaerelati N. one of the two so dyed Genes 9. Note the uncertainty when the ParliameÌ„t shall be Ecclesiasticall jurisdiction the hands of the Catholique Clergie Of the Supremacy c. * this is not takeÌ„ a way Note the obligation Num. 54. Num. 26 See above num 53. Deut. 17. 18. Matth. 18. 17. 18. 1. Cor. 5. 2 Thess 3. c TT in sup ad q. 21. a. 3. L. de poeâ—â—t c. 14. Tract 50. in Ioan q. 39. in Deut. Flodoar l. 4. hist Rem c. 5 10. 8. ep 41. id ep 22. Leg. 32. ff dâ— legibus Observat on the first art pag. Ierm 34 â—â— Cajetan Salon Aragon Ban. apud Tan. to 3. disput 4. q. 3. dub 3. nu 57. 58. ex S. Tho. 22. q. 60. a. 4. Iorem. 17. 5. Rom. 15. 5. Fol. 67. 427. 429. Irish statuts pag. 260. Declar. printed in France p. 8. n. 6. Prov. 4. 24. Rom. 16. 16. 17. 18.