Sapientiae my language is low my conceptions plaine my thoughts the best to Religion and Contry I doubt not many iudgements will pass vpon me some will terme me precipitant others hott and others bitter I can giue to all the answere of S. Paul si hominibus placerem Christi seruus non essem Nor are my lines to feede mens humour but with reasons to ouercome theire vnderstanding I may be precipitant out of weaknes of reason and hot out of frailtie of nature but bitter I am not out of malice If the purgation proue bitter the Patient may not blame the nature of his Phisician but the malignant nature of his owne disease Renowned Catholikes Religion and Ireland are vnder your hands you haue it in your power next God to kill or saue both I know you all intend to make a peace let it be a good one I haue remoued a blocke out of your way I meane that vniust inualid coloured peace vniō is the onely way to make a good peace or a good warre vnion will saue you and diuision will destroy you My prayers shall euer be ut pacis non dissentionis Deus may be euer with you I am your most humble seruant Walter Enos Aduertisments to the Reader Firstnote that the worke is compleat though the pages 36. and 41. meete not together because the worke was printed in seuerall places 2. the number of ministers Coates mentioned pag. 12. n. 11 are but. 4. surplisses 7. and so many Robes for Doctors they resolued to walke in station to possesse our Churches 3. the Lawyer mentioned pag. 117. n. 76. is not learned Mr. Darcy but Mr. T. T. 4. If lay men should take upon them to Censure this worke which hath beene approued by the Clergie thei are excommunicated in bulla caenae see Tolet. excom 9. Trid. sess 23. c. 23. de Reformat totam dist 96. 11. q. 1. authent vt Cleri proprios iudices conueniant collat 6. yet is it left free to any man to refute if he can the arguments produced by the Author THE SECOND PART OF THE SVRVEY OF THE Articles of the late rejected Peace wherein the invaliditie and nullitie of the said Peace is evidently proved out of many heads or causes 1. IN the first part of this Survey we proved the injustice and iniquitie of the said Peace by notable observations on cach or most of the Articles included in the same peace In this second part wee further proceede to prove also the invaliditie and nullitie thereof out of those heads or causes which are expressed in the lawes and accepted as generall Maximes among Divines and Lawyers to the end the Catholique Confederates may be rightly enformed how farre they are exempted from any obligation to embrace such a Peace in the contriving whereof injustice accompanied with nullitie had full and perfect concurrence As in other Contracts so in Contracts past by mandate or Comission the nullitie and invaliditie thereof is derived from many sources or heads Six are principally enumerated by Schoolemen in contractu mandati and among those six that nullitie or invaliditie which proceeds from the revocation of their Commission that have power to treate conclude the contract before they have concluded any such Contract hath a prime place That the like revocation of the Commissions or mandates given to the Marques of Ormond and to our Committee of the Treatie hath hapned in the concluding of this Peace before the same was concluded is the point among other which we are to prove in the following paragraphes In the. §. 1. The invaliditie of the foresaid Peace is proved by the revocation of the Marques of Ormonds Commission given him to conclude a Peace before the same was concluded 2 THis invalide and unjust Peace was indeed signed and sealed by five of our Committee on the 28. of March 1646. but never DELIVERED interchangeably by both parties untill the 29. of Iuly following during the interjacent time it lay as an Escroule or Scroule on the hands of the Marques of Clanrickard without any power or force to oblige in law either parties Though this be a truth confessed in private by the Committee of Treatie and well knowne to the then Supreme Councell and Committee of Instructions yet because the knowledge thereof is suppressed from the rest of the Confederate Catholiques and that the Peace hath beene published as if the same were absolutely concluded on the 28. of March I here thinke fit to discover the mysterie of iniquitie out of that which I sinde written by Mr. Darcyes owne hand one of the five that signed and delivered the said Peace on the out-side of the manuscript draught of the articles of Peace delivered by Mr. Plunket himselfe in VVaterford to the Congregation of both Clergies Signed and Sealed ONLY note the exclusive partticle ONLY 28. March 1646. anno 22. Regis Caroli in the presence of the Lord Digby Sir Maurice Eustace Doctor Fennell and George Lane and DEPOSITED on the Marques of Clanrickards hands till 1. May and untill the ten thousand be sent into England Thus farre one note In another note there written I reade thus This meaning the Articles of Peace was DELIVERED 29. Iuly 1646. in my Lords STVDY by my Lord Lieutenant on the one part Lord of Muskery Sir Robert Talbot Iohn Dillon Patricke Darcy and Geofrey Browne of the other part witnessed by the Marques of Clanrickard Lord Taaffe Lord Digby Monsieur du Moulin the French Agent and Daniel O Nealc Present besides the Earle of Roscoman Lord Dillon Colonell Trafford and George Lane c. on the same 29. day of Iuly and not before the defeasance which past betweene the Marques of Ormond and our Committee obliging the kingdome to send over 10000. men were cancelled and an Instrument avoyding the defeazance then perfected witnessed ut supra saith a third note written also by Mr. Darcyes owne hand on the foresaid manuscript Copie 3. By all which it appeareth that the Peace was never concluded untill the 29. of Iuly and that both parties did suppose the same for a certaintie aswell because they never cancelled the foresaid defeazance untill the foresaid 29. day of Iuly as also because the Marques of Ormond having before that day received His Majesties letter revoking his Commission supposing himselfe not to be obliged by any act that passed on the 28. of March rejected our Committee of Treatie and would by no meanes proceede to the conclusion of the foresaid peace affirming that his Commission was recalled and that he had no authoritie to treate further with them as you shall heare as yet more hereafter This is further confirmed by the letters of the late Supreme Councell and Committee of Instructions dated at Lymericke the first of Iune 1646. delivered unto the Lord Nuncius where they confesse the Peace was not then concluded but that shortly they expected the same to be both concludedand published 4. We presse the
Nicholas Plunket Sir Robert Talbot Sir Richard Everard Dermot O Brien Patricke Darcy Geofrey Browne Iohn Dillon and Richard Martins Esquires authorizing them or any five of them to treate agree and conclude with the Maâ—ques of Ormond a firme lasting and setled peace in such manner as they in their iudgements should thinke fit and most available for the said Catholiques and generall good of this realme 34. For the Councells warrant to grant this commission they alleage in the same act an act past in the generall assembly held at Kilkenny the 20. of Iuly 1644. Where say they in the act of their Councell the said assembly authorized the foresaid 13. persons to treate agree and conclude with the Marques for setling and concluding of a sirme and perfect peace otherwise to conclude of a further Cessation Where the Reader is carefully to observe that the assembly according to the Councels own relation appoints indeed those 13. persons as a Committee of the Treatie but doth not limit the same unto any five of them as the act of the Councell hath done I have made search among the Acts of that assembly but could not finde any act dated the twentieth of Iuly 1644. I have indeed found an act of assembly made 10 Augusti 1644. where it is ordered that the undernamed shall be super added to the Commissioners lately authorized by Commission to goe to His Maiestie now to goe to the Lord Lieutenant to treate with his Honour for setling a firme peace within this Kingdome or a further Cessation of Armes The persons undenamed are the Lord Archbishop of Dublin Earle of Antrim Lord Viscount Mountgaret Sir Richard Everard Patricke Darcy and Iohn Dillon Esquires The Commissioners to goe to His Majestie were the Lord of Muskerie Nicholas Pluaket Alexander Mac Donnell Sir Robert Talbot Colonell Dermot O Brien Geoffrey Browne and Richard Martin The like Commission was made by the second and last Supreme Councell unto the same Committee of Treatie de verbo ad verbum as appeareth in the abridged registers of the Acts of the same Councell 35. To shew the insufficiencie defects and nullitie of the said commission wee neede not entertaine sharpe-sighted Lawyers the errors and defects thereof are so grosse and palpable as men meanly versant in that profession may without difficulty discover them Wee say then in the first place that it appeareth not by any act of assembly that I could light on that either of both Councells were ever authorized or enabled by the Kingdome to give any Commission to the foresaid Committee of Treatee either to treate of or conclude a peace with his Excellency Not in any act of assembly past the twentieth of May 1644. as the foresaid Commission given by the first Councell doth mention for no such act can I finde in the Records of the assembly notwithstanding I have together with the Clarke of the assembly made diligent soarch for the same As for the Act of assembly 10. Augusti 1644. even now mentioned number 34. you see the kingdome selected indeed the foresaid Committee of Treaty but never by that act authorized the Supreme Councell to give them a Commission to that effect Yet that such an authoritie is necessarie is supposed by the Councell it selfe which groundeth it selfe on the like authoritie as you have heard numb 34. for as the assembly onely in the name of the whole kingdome and not the Supreme Councell had power to send Commissioners to His Majestie so the Assembly onely and not the Councell had power to send Commissioners to His Lieutenaut to treate and conclude a peace Yet supposing such a Commission or power were given by the Assembly unto the first Supreme Councell wee say in the second place the same or the like commission and power ought to have beene renewed by act of Assembly and given unto the new Supreme Councell authorizing them to give Commission to the foresaid committee of Treaty to conclude a peace and to guide and direct them therein because if any such Commission was given by any assembly unto the first Supreme councell both that commission and any other commission given by the Councell in vertue thereof to the Committee of the Treaty is extinguished and dyes with the same Supreme Councell because as morte mandantis so morte mandatarij extinguitur mandatum saith the law as by the death of him that gives a Commission or mandat so by the death of him that receives it the Commission or mandat is extin guished If he for example that gives or receives a letter of Atturney to prosecute a cause or to doe any other service dyes the letter of Atturney dyes with him The same wee may say of Agents or Ambasladors sent from or to any Pâ—inces or Prelates Accordingly wee say that the first Supreme Councell being removed from that office are civilly dead and therefore any authority given them in this particular or by them in vertue thereof given to the Committee of Treatie for in these two respects the Councell may be called Mandatarij and Mandantes is extinguished and dyes with the late removed Councell 36. It is true that the common power and authoritie given to the Supreme Councell by the Modell of Government may peradventure descend upon the succeeding Supreme Councells because by the Modell of Govurnment that common power is expresly declared to be conferred by the Kingdome on the Supreme Councell for the time being but the case is other wise in this weighty matter whereon depends the securitie and safetie of Religion King and Subject and therefore being transcendent and extraordinarie it must be acted by and concluded by transcendent and extraordinarie power and as the Commissioners appointed to goe to his Majestie must have beene established and appointed by the whole Kingdome because indeed their imployment concerned the whole Kingdome so for the same reason the Commissioners appointed to treate with His Majesties Lieutenant in this particular must be authorized either mediatly or immediatly by the whole Kingdome for as much as their imployment concernes the whole Kingdom If His Majestie did conferre any power or authoritie upon any Corporation which hee would have to continue in the succeeding Magistrats thereof hee is carefull in his patents or Charters to use these words to the Maior or to the Maior and Citizens for the time being to shew that his intention is not to make this power personall onely but in that commission which the first Supreme Councell pretend to have had from the assembly there are no such words used authorizing the Supreme Councell for the time being Much more may be here said which I leave to our learned Lawyers discussion whereof some vnto whom I have propounded this difficultie have assured me that for this respect the Commission given our Committee of Treaty by the Councell wassufficienr and invâ—alid And when I admired that the Supreme Councell dared attempt such an enterprize without a full and
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
such a Commission to conclude a Peace was given to Glamorgan Yet from hence wee deduce this argument a minori ad maius If Glamorgans peace was cenfured invalid because it was revoked by His Majestie though the revocation was not made untill after hee executed his Commission how much more invalid is the Marques his peace seeing his Commission was revoked and recalled by His Majesty expressely before the Marques put his Commission in execution and implicitly before it was inchoatively attempted to be put in execution That is worthy the observation when our Councell and Committees doubted not of the conclusion and acceptation of Ormonds peace they sleighted and contemned Glamorgan and his peace but when they saw the Clergie and kingdome would by no meanes accept of Ormonds peace then did they begin to looke on Glamorgan and his Peace and to coulour their owne proceedings they would make us believe that in Ormonds peace there was a relation unto Glamorgans Whereupon Glamorgan to fit them in their owne policie told them the Conditions were not observed and that therefore he was not obliged therfore would not stand to the Articles past betweene him and them which hee said to no other end than to affront them that would affront him and let them know comprehenduntur in consilijs quibus cogitant 13. It will peradventure be answered that His Majestie was not then sui iuris at his owne libertie and freedome of will or power when he recalled the Marques his Commission being indeed then in the hands of the Scots Whereunto we reply that his Excellencie the Marques accepted His Majesties revocation proceeding from him as being in pleno iure in his owne full and free libertie and yeelded obedience thereunto notwithstanding a precedent double tie which obliged him to goe forward to wit the signing and sealing of the Articles of peace on the 28. of March before and the receiving of three thousand pounds or thereabouts from the Councell not long before on hopes to conclude such a forlorne peace It s against the rule of justice which requires equallitie on both sides that the Confederate Catholiques should be tyed to stand to the peace made with the Marques notwithstanding any revocation and that the Marques should be fast and loose and at his owne libertie when hee please by accepting the revocation to annull the Peace and by rejecting the revocation to render the same valid and of full force Montrosse in Scotland received Commands from His Majestie being in the same condition with the Scots that hee was when he wrote this revocation of Ormonds Commission to lay downe armes c. whereunto he yeelded obedience supposing His Majestie to be even then sui iuris of which president wee doubt not the Marques of Ormond will make use when hee is disposed upon any advantage to invalid or make void the Articles of the rejected peace That the Marques hath already resolved to yeeld perfect obedience to that revocation is at least indirectly insinuated unto us by the six Agents sent from Kilkenny to VVaterford in the reasons given by them to the Congregation why they concluded the peace where they say that the Lord Lieutenant conceiving that what commeth NOVV from His Maiestie is not his free act is resolved to give no obedience thereunto So as this disobedience is in ordine ad futura mandata looks upon all Commands that shall come after that time namely after the moneth of August last and not on the Commands that came before among which was that revocation of his Commission to make a peace These words expressed in the foresaid declaration recalling Glamorgans Commission makes this matter more dangerous that a messenger saith His Majestie writing to the Parliament be immediatly sent for Ireland to prevent any accident that may happen to hinder His Maiesties resolution of leaving the managing of the businesse of Ireland wholly to the two houses and to MAKE NO PEACE there but with their CONSENT which in case it shall please God to blesse his endeavours in the treatie with successe His Maiestie doth hereby engage himselfe to doe Who knowes but the forementioned messenger hath beene accordingly sent to the Marques commading him even then to make no peace Incidit in foveam quam fecit this declaration is thought to have beene made by Digby and others in Dublin to destroy Glamorgans Peace yet beâ—ng well examined will prove as destructive to the Marques his owne peace §. 4. The invaliditie of the peace proved out of the Marques his Exceeding his Commission and not observance thereof 14. IF he that hath a Commission or command to doe any thing shall exceed his Commission he doth nothing that is valid or firme saith the law whereof in the paragraph more amplie herein we coÌ„ceiue the Marques traÌ„sgressed this coÌ„missioÌ„ namelie in graÌ„ting by the 15 article of the reiected peace an act of obliuion unto al his Maiesties â—ubiects therein coÌ„prehending the Rebellious Scotts and ParliameÌ„taries whereas his CoÌ„mission extends onely as we collect out of the preface of the articles where mention is made of his Commission to the confederat Catholikes nay his Maiestie by his letters dated the 16. th of Februarie 1644. gaue expresse order to the Marques of Ormond to seeke to rene we the Cessation with the Irish for a yeare for which saith his Maiestie yow shall promise the Irish if yow can haue it noe cheaper to ioyne with them against the Scots and Inchequin for I hope by that time my condition may be such as the Irish may be glad to accept lesse or I able to grant more marke I beseech yow the Irish in obedience to his Maiesties desire continued the Cessation for a yeare and a halfe after yet al that while did not the Marques ioyne with them against the Scots or Inchequin To gaine only a yeares Cessation his Maiestie was pleased that the Marques should ioyne with us against the Scots and Inchequin Our Councell and Committees haue not onely consented to a cessation but haue also made a peace and yett haue not obliged the Marques to ioyne with them against the Scots or Inchequin Indeed the Marques and our Committee haue plaid the part of good Chapmen for his Maiestie but theire negotiation cost his Maiestie the losse of England if he by whom kings raigne repaire not the losse 15. In the Diurnals of the Assemblie held in August 1645. I reade that the Marques of Ormond by his letters sent from Dublin to the assemblie then held at Kilkenny and there read 18. augusti 1645. declared unto the Confederat Catholikes that the Rebellions Scots of the North were advanceing forward with theire Army and therfore prayd the said Confederats to send theire armes and forces to gether with six weekes meanes to be ioyned with his forces he prayd also he might be Commander in chiefe of both forces and that the Catholike armies might be subordinat to his Commands The Confederat Catholikes not
unto themselves to send into Rome by letters and Agents praying the See Apostolique to helpe and honour this Nation with a Nuncius Apostolique and after so great a Prince and Prelat having exposed himselfe to many dangers by Sea by Land arrived in this Kingdome with full and ample power to aide and assist the confederate Catholiques not onely by his councell and advise but also by the contribution of moneyes and ammunition to make use of him to serve their owne turnes but never to follow his wayes or direction never performe what they promised but lurkingly to proceed in the conclusion of this miserable peace Whereof the Nuncius being privately advertised and observing the sudden sending of the committee of Treaty to Dublin challenged them of their promise unto whom by their lelter dated at Kilkenny mense Marcij 1645. they answered that the committee concluded no articles of peace neither could there be any articles of peace perfected or have any power before the Calends of May and that nothing was done contrarie to the sense of the paper signed and delivered to his most Illustrious domination and therefore prayed him to give credit unto them professing these things It s not without mysterie that the day of the moneth of March is omitted in this letter least they should be found guiltie of notable falshood for at this very time were the committee in Dublin actually labouring in drawing up the articles of peace and in signing and sealing the same for if you be remembred their commission was given them the 6. day of the same moneth of March the draught of the Articles was given Mr Darcy by the Viscount Muskerie on the 14. of the same moneth and signed and sealed on the 28. wherefore the councell did purposely abstaine from putting to the letter the precise day of the date thereof to conceale their owne sinister and clancular proceeding in concluding that peace contrarie to their promise past unto the Nuncio which in this last letter of the first of Iune they tacitly confesse But by their good leave they went beyond their commission for neither had they nor our Committees of Treaty any further power but to prepare all affaires concerning the treaty of peace not to conclude the peace as appeareth by the act of Assembly dated the second day of the same moneth of March. Twelve answers refuting the obiection affirming that the Lord Nuncius desired to protrast the peace with Ormond no longer than untill May. 25. IN this Letter of the first of Iune the Councell and Committee of Instructions affirme that according to the desire of the Lord Nuncius the conclusion and publication of the peace was deferred untill the Calends of May least any impediment should be given to the conditions of peace which by that time were expected from Rome Whereunto answer is made first that as they broke their first promise freely made unto the Nuncius by that Instrument which they delivered to Spinola whereby they obliged themselves never to conclude any peace but what should bee to his liking so here also have they fouly broken their promise by signing and sealing a peace on the 28. day of March which was upwards of a moueth before the Calends of May which they themselves in their confirmation of the peace doe call a concluding or agreeing upon c. Secondly I answer that in the diurnals of the assembly held in February 1645. I reade of an agreement past betweene the Lord Nuncius Glamorgan and the committee of Instructions which was published in the assembly by Glamorgan 19. of February 1645. but this agreement or happy conclusion of peace for so my note termes it could not receive full satisfaction untill May. How the selfe same committee could without breach of faith conclude or give order to the committee of Treaty to signe and seale a peace the 28. of March following contrary to this agreement I conceive not Thirdly I answer that the full satisfastion which by May was expected was the coming of a more secure more honourable more advantagious peace from Rome which was imagitation betweene his Holynessâ— and our Queene then Glamorgans owne peace which the Nuncius publickely declared in the assembly 9. of February 1645. But as the heretickes of England did hinder this more secure more honourable peace from the Pope so did our councell and committees I meane still the corrupt part of both hinder not onely that peace but Glamorgans peace also for their preposterous acceleration of the sealing and signing of Ormonds disadvantagious and unwarrantable peace could produce no better effect than to give occasion to his Majesty to recall Glamorgans peace and to give command to desist in the prosecution of the Treaty with his Holynesse his Majestie having once notice that the Marquesse of Ormond had concluded with us upon farre in feriour conditions for we are to know that this unjust peace was a moulding halfe a yeare before and that the Marquesse had time enough to informe his Majesty thereof thereby to invite his Majesty to the revocation of Glamorgans Commission 25. Hence proceedeth a fourth answer that the Lord Nuncius seing the delay of the Popes peace and the revocation though invalid of Glamorgans peace before May verie providently and carefully sent unto the councell and committee of Instructions before the Kalends of May the foresaid protestation made by himselfe and the clergy against any peace to be made with the Marquesse of Ormond and least that should not prevayle with them he sent unto them before May also his speciall letters dated the 27. of Aprill inhibiting them from proceeding on Ormonds peace which he confirmed by those three other letters of the fift of May 10. and 27. of Iune above mentioned which I trow was a sufficient revocation of any allowance they could pretend to have had from the Nuncius to conclude a peace with Ormond after May a thing neyther he nor any good catholick would ever consent unto having seene the revocation of Glamorgans peace and the damnable practises of his and our adversaries for this very cause the Nuncius flâ—tly denied at Limmericke as is said to give his benediction to any of our committee of Treaty going to Dublin Plunket onely expected whose re-Iuctancy and aversion against that unhappy peace is wel-knowne 26. Here I must prevent such nimble wits as thus arâ—ue the Nuncius desired the conclusion of the peace with Crâ—onâ— should be protracted untill May. Ergo he consented it should be concluded after May this consequence I deny as they themselves would deny this sequel if one bidding them adieu would say God be with you untill I see you againe Ergo he mindeth that God shall not be with them after he see theÌ„ againe Vnto Micol the daughter of Saul saith the holy Text was there no childe borne untill the day of her death Will our committees or any other thence inferre by reason
Church did positively recall all Commissions given to such Committees or Agents as the Clergy of Ireland hath done in this present peace How generall soever a Commission may be yet this exception is alwayes involved therein that nothing that is unlawfull may be done by vertue thereof mandatum si generale sit solum prohibet quae licita non sunt which the law exemplyfieth by this case if a Commission be given to elect any one in generall tearmes to any dignity office or benefice it is to be understood that a fit one be chosen Vnde mandatum de aliquo eligendo intelligitur de eligendo idâ—neo What could be done more unlawfull in the execution of any Commission than what hath beene done by our Committee of Treaty in the execuâ—ion of their commission they rejected the graces our Soveraigne granted unto us for gayning whereof they had a Commission and engaged the kingdome in matters of high concernment for which they had no commission Can that peace be a good peace wherein thereis no securitie for our Religion lives liberties or estates The limitation of our Committee of treaties Commission proved out of the Modell of government by which Magna Charta is to be maintayned and the Church livings granted to the Catholicke Clergy 39. In the very first Article of the Modell of Government I reade thus Inprimis That the Roman Catholicke Church in Ireland shall have and enioy its priviledges and immunities according tâ— the GREAT CHARTER enacted and declared within the Realme of England in the ninth yeare of the raigne of King Henry the second sometimes King of England and Lord of Ireland and ofterward enacted and confirmed in Ireland and that the common-law of England and all the statutes in force in this kingdome which are against the catholicke Roman Religion and liberties of the Natives Marke the resolution to procure the repeale of the penall lawes c and other subiects of this kingdow shal be observed c. That every branch of MAGNA CHARTA all other statutes confirming expounding or declaring the same shal be punctually observed Know yee saith the King in that Charter That we in the Honour of Almighty GOD the SALVATION of the SOVLES of our Progenitors and Successors Kings of England to the ADVANCEMENT of HOLY-CHVRCH and the amendment of our Realme of our meere and free-will have given and granted unto the Archbishps Abbots Pryors c. That the Churches of England shall be free and shall have all her whole rights and liberties inviolable Reserving to all Archbishops Abbots Pryors Templers Hospitlers Earles Barons and all persons aswell Spirituall as Temporall all their free liberties and free customes which they had-in times past and all these customes and liberties aforesaid which we have granted to be holden within this our Realme asmuch as pertayneth to us and our heires we shall observe And all men of this our Realme aswell Spirituall as Temporall asmuch as in them is shall observe the same against all persons in likewise This great Charter which contayneth the immunities of the Church and liberties of the Subject hath beene confirmed by thirty Parliaments in the succession of 18. Kings Edward the third in the 14. yeare of his raigne augmented the same by the addition of five speciall priviledges granted the Church and Clergy and in the 25. yeare of his raigne added a surplus of nine priviledges more And this is it which the Earle of Glamorgan hath in part granted unto us and which our Kings of England have sworne to maintayne unto us Henry the 8. indeed deprived us of the benefit thereof I wish our owne bosome friends at home had not too neerely imitated him In all the articles of peace there is not somuch as once mention made of this GREAT CHARTER though it be the first and prime article the kingdome resolved to insist upon 40. In the six and twentieth Article of the same Modell of Government It is ordered and established that the possessions of the Protestant Archbishops or Bishops Deanes Dignitaries and Pastors in the right of their respective Churches or their Tenants in the beginning of these troubles shall be deemed taken construed as the possessions of the Catholicke Archbishops Deanes Dignitaries Pastors and their Tenants respectively to all intents purposes and that those possessions are intended within the precedent order for setlement of possessions And this publicke order of the kingdome you see is conformable to MAGNA CHARTA for somuch and agreable to the publick Declarations of the kingdome and other acts of Assembly The like limitation of the same Commission is expressed in both our declarations made anno 1642. 41. In our Declaration printed in France 1642. we declared it to be a meanes to reduce Ireland to peace and quietnes among other things that by act of Parliament it be declared that the Parliament of Ireland hath no subordination to the Parliament of England that Poynings act the penall lawes be repealed That all Marks of nationall distrinction betweene English and Irish be taken away by act of Parliament That the Bishopricks Deaneries and all other spirituall promotions of this Kingdome and all Frieries and Nunneries may be restored to the Catholique owners and that Impropriations of tiâ—hes may be likewise restored and that the scity ambits and precincis of the Religious houses of the Moâ—ks may be restored to theÌ„ but as to the residue of their temporall possâ—ssions it is not desired to be taken from the present proprietareis but to be left to them untill that God shall otherwise encline their owne hearts That all Plantations made since a. 1610 may be avoyded by Parliament if the Parliament should hold this act â—ust and their possessions restored to those or their heires from whom the same was taken they neverthelesse answering to the Crowne the rents and services proportionably reserved upon the undertakers 42. In our Remonstrance delivered to His Majesties Commissioners at the towne of Trim 17. March 1642. among many other grievances we desired redresse against the penall lawes of 2. Eliz. imposing incapacities on the Catholiques in places of trust honour or profit both in Church and Commonwealth against false inquisitions taken upon feined titles of the Catholiques estates against many hundred yeares possession against the two impeached Iudges who illegally avoided 150. letters patents in one morning for securing the subjects lives liberties and estates for exempting the Parliament of Ireland from any dependency on the Parliamâ—nt of England and for the power and authoritie of the same Parliament of Ireland against the dismembred Parliament of Dublin against the Continuance of poynings ast the lawes and incapacitie to sit in the next Parliament While our Commissioners the Lord Viscount Gormanston Sir Luke Dillon Sir Robert Talbot and Iohn VValsh Esquire presented this Remonstrance to his Majesties commissioners at Trim 17. March 1642. with hopes of redresse for our grievances and a happy accommodation the Marques of
part thereof is it yet conâ—luded neither is iâ— knowne when any conclusion shal be Certes if peace were concluded nothing else thence followeth than repâ—se and as it were a certaine cessation untill it receive sull perfection and accomplishment by parliament and when this Parliament shal be yea whether it shall ever be seeing it de pendson very many accidents it s altogether uncertaine and when the Parliament shal be assembled we have recourse to armes if any dâ—ssention arise meane while the government of their owne Quarters as hetherto and of their Churches of their Emoluments and of the passessions of all their things doth remaine in the hands of the confederate Catholiques 53. Out of which and out of many more reasons which in the same Epistle the councell doth alleage they prove the necessirie of the Nuncius his pâ—esence in Ireland and to that end doe not onely invite but also uâ—ge and presse him as well by this and other letters as also by speciall messengers sent into France to come into Ireland asâ—â—ing him further that the Ecclesiasticall â—urisdiction in the conditions of peace deman ded and derived from His Holinesse is and shall be in the hands of the Catholiques independent of the Protestants to the promotion pro pagation and secure preservation whereof the presence of the Nuncius Apostolicke is necessarily required c. having promised unto him a place of Residence where the supreme government of the kingdome should be together with a guard to wait on his person they shew the constancie of the Catholiques of Ireland in their Religion their Christian fortitude in attempting this holy warre even without armes ammunition or other provision against he enemies of Religion King and Countrey and unto the difficulties propaunded by the most noble Spinola concerning the oath of â—upremacie the admission of Catholique Bishops to the next Parliament and the governement whither the same should remaine in the hands of the Protestant Vice Roy they answer that the Irish Nation by no meanes dangers or hazard of life and fortunes for these hundred yeares past could ever be induced to acknowledge the temporall Prince to be Sâ—pâ—eme head of the Church or to submit themselves to such an Oath much lesse doe they meane hereafter to submit themselves thereunto and that in the last assembly by universall voice and voâ—eâ—t was concluded that they would perpetually insist upoÌ„ the taking away of the same oath that they believed the pseudo Bishops would not dare appeare in the next Parliament that they had great hopes and grounds to exclude them from thence and though they were present yet may â—ot they prejudice our affaires sâ—eing it is extant in our conditions that they are to have no â—urisdiction in causes appertaining to the Catholique Religion and the professors thereof c. 54. Vnto the third difficultie concerning the government of the Kingdome by a Protâ—stant Vice Roy they answer that neither the whole govermnâ—nt nor the government of all the sorts or cities shall be in the hands of the Vice-Roy there shall be catholiques in the councell of state and they â—hall be governours of many cities the Ecclesiasticall hierarchâ—e shall be the catholique clergie out of all these there shall be a body politicke composed of catholiques c. the chiefe member of which body shall be the Nunoius of the See Apostolique who shall make choice of the most secure citie wherein he may keepe his residence and that body politicke of catholiques shall defend his dignitie and securitie with the hazard of life and fortunes so we in the name of all the confâ—derate catholiques ex nunc â—unc doe promise and therein oblige the publicke faith of the whole Kingdome And this meane and this remedy is sufficient c. to secure the Apostolicke Nuncius being in this Kingdome from any disgrace or danger Adde hereunto presently upon the arivall of the most illustrious and most Reverend Nuncius having considered the conveniences and inconveniences of our-state and affaire VVE VVILD DOE VVHATSOEVER HE SHALL THINKE expedient Observations on the foresaid Letter or obligation 55. The Reader is first prudently to observe that the postulations mentioned number 51. are the seaventeene propositions and the 14. additionall propositions whereof wee have made frequent mention in the first part those acts of assembly and other orders above mentioned VVhich Unlesse they were obtained and by Parliament confirmed the warre was still to be continued Our committee have concluded the rejected peace and the same councell that made this promise in the name of the Kingdome two onely excepted hath confirmed the same and yet the conditions or postulations above mentioned nor the tenth part of them have been by our committee of treaty obtained as the Reader may cleerely behold in our observations on the articles of peace part 1. 2. The councell numb 52. doe acknowledge they know not when the Parliament will be and doe informe the Nuncâ—us that untill tâ—e Paâ—liament be the government and jurildiction Churchâ—s possessions c. must still remaine in their owne hands aâ—d yet by the articles of the peace they are taken froÌ„ us before not the least appearance of securitie for our Churches or church-livings much lesse of exemption from the Iurisdiction of the Protestans clergie It is true that when this obligation was made Glamorgans peace was in force by which our Churches and Church-livings Iurisdiction and exemption from the power of the Protestant clergie was in some sort secured unto us but that peace being recall'd by his Majestie before Ormonds peace was concluded and the condition on our part upon which thaâ— peace was grounded being not performed it wâ—s a notabâ—e breach of publicke faith in our councell inexcusable ever to approve or condescend to â—he Marques of Ormonds peace and the matter is so much the more to be aggravated that the councell themselves did seeme to wave the bâ—nefit of Glamorgans peace upon the Protestation made against it by the Marques of Ormond 3. By our observations on the first article in our first part it appeareth that neither Ecclesiasticall â—or Secular is exempted from the Oath of Supremâ—cie so as in this particular also whereof numb 53 publicke faith is broken with the Nuncius Touching the Protestant Bishops sitting in Parliament and the continuation of a Protestant Vice-Roy see our observations on the 10. 12. and 14. article part 1. 4. Nothing that is promised numb 54. is performed or true and if the rejected peace were accepted the body politicke of the confederate Catholiques had beene dissolved the Nuncius forced with disgrace to fly the countrey and no confederate catholique secured of his Religion life libertie or estate 5. By the last particle our councell obliged the Kingdome upon the arrivall of the Lord Nuncius not to rely upon the Earle of Glamorgans owne peace if the Lord Nuncius thought any other peace more expedient which is the matter which
Ormond taking advantage of the time and occasion marched out of Dublin with his forces tooke in Timolin and attempted Rosse where he lost his shipping was frustrated of his expedition and his army so infeebled as he was not able to make any considerable Excursions in halfe a yeare after wherein God shewed his indignation against perfidie and remunerated the innocencie and integritie of the confederate Catholiques by giving into their possession thirty or fourty of the enemies garrisons within few monethes after in so much as the Marques of Ormond was glad to make a speedy cessation with them otherwise they had gone to the very gates of Dublin there being no considerable resistance against them 43. The limitation of their commission according to the 17. propositions propounded unto his Majestie in Aprill 1644. and the 14. additionall propositions thereunto annexed whereunto the 30. Articles of the late rejected peace are answerable is sufficiently explicated in the first part particularlarly § 14. Numb 26. whereunto we referre the Reader The limitation of the foresaid Commission by severall Acts of Assembly 44. Quarto Iunij 1645. It is ordered saith the kingdome then in publicke Assembly upon the question nemine contradicente that the Committee of Instructions shall draw an act that as to the Catholiques of Ireland whether Clergie or Laâ—y all penalties pressures incapacities prejudice and inconvenience laid on the professors of the Roman Catholique Religion by the statute of 2. Elizabeth or any other Act or Law in force in this Kingdome should be taken away and repealed This act was concluded and agreed upon after mature deliberation and serious debate had of this matter by the committees of Instructions whose opinion the Chaire-man reported unto the house at two severall sessions to wit the second and fourth of Iune 1645. It was likewise unanimously ordered by the said Assembly 9. Iunij 1645. That as to the demand made by the Lord Marques of Ormond Lord Lieutenant of Ireland to the commissioners of the Treaty of peace for the restoring of the Churchesto the Protestant clergie the commissioners shall give an absolute denyall thâ— committee of Instructions are to prepare an Instruction to that effect 11. Iunij 1645. the article concerning Ecclesiasticall and spirituall Iurisdiction saith my diurnall received in publicke Assembly a long and learned debate concerning the severall statuts of premunire and provision and concerning excommunications fulminated by Protestant Prelats against Catholiques whereby they were perpetually forced to repaire to the Protestants Tribunall to obtaine absolutions from them or else to be imprisoned by a writ de Excommunicate capiendo also concerning the maine difference betweene our Religion and protestancie in dispensing with mariage within degrees c. much more appertaining to the Ecclesiasticall Iurisdiction was then debated and at length generally referred that day unto the comissioners with instructions from the committee of Instructions The Marques of Ormond in his abridgement of concessions reade in assembly 14 Augusti propounded three manner of remedies for that gâ—ievance none pleased the assemby because the cure was worse than the discease tandem 28. Augusti 1645. it was unanimously agreed upon by the Lords Spirituall and Temporall in full Assembly nullo discrepante that the Catholique confederates of Ireland should never submit or be subordinate to the Protestant Clergie or to any their jurisdiction See also for this the councells letter numb 51. 45. What dispensation our committee of the Treatie had to conclude a peace without procuring a repeale of the penall lawes assurances for our Churches and exemption from the Protestant Clergies Iurisdiction we have not read or heard of So great were the pressures suffered by the Catholiques in Ireland by the Exorbitant power of the Protestant Prelates as many of our Cathliques breathed their last in miserable captivitie others were forced to keepe their owne dwelling houses as if they were in restraint to shun the greedy Parators and hapshares whereof some namely Alderman Doud and Alderman Goodwing Mr. Thomas Long Mr. Iames VValsh Mr. Robert Hacket and others continued in such restraint for the space of seaven yeares or thereabouts Alderman Francis Tayler was prisoner in the Castle of Dublin 18. whole yeares if my memorie faile me not and Alderman Patricke Bâ—owne after so many yeares also imprisonment in the Castle dyed in the prison But hereof much more might be said which I am forced to omit Shall we shall we wilfully fall againe into the same servitude and incurre the malediction of Chanaan to be servi servorum fratribus nostris The learned debate in the assembly and convocation house touching this question whether the confederate Catholiques be bound in conscience by vertue of the oath of Association or other tye to make an expresse article with the Protestant partie for keeping in our hands such Chuches Abbeyes c. now in our possession 46 For the negative part it was suggested that if any such article be made his Maiesty will breake off and consent to no peace betweene us and the above specified party to the great danger of the estates lives and liberties of all our party And it was further urged that in not demanding such an article as above his Maiesty will grant us toleration of Religion For the affirmative part it was likewise suggested that without an expresse article Gods patrimony was not secured that however men might be prodigall in the dispensation of their owne goods yet without danger of Gods indignation they ought not to be prodigall in the dispensation of Gods goods that this his Majesties Kingdome of Ireland had beene more securely preserved for him and his Royall issue by preserving the Churches in the Catholiques hands than in suffering the seeming Protestants to posâ—esse the same who indeed have as great an antipathy against the Protestant doctrine established in England as they have against the Catholique doctrine and therefore might be justly feared to so journe in such places where the Churches Church-livings are as Intelligentiers for the Parliament 47. For these reasons and many more the house of Convocation wholly inclined to the affirmative part The integrity of the whole Kingdome in this particular appeares by their act of assembly of the 9. of Iune one thousand six hundred fourty and five above mentioned They debated indeed learnedly for a long time how they might observe that Divine lecture of CHRIST IESUS Give unto Cesar what is due unto Cesar and unto God what is due unto God Some feared if the Catholicke Confederats had demanded an expresse article for their Churches they had not Given to Cesar what was due unto Cesar and therefore thought a negative act that is to say an act of our owne assembly denying to give unto the Lord Lieutenant our Churches might serve the turne others thought they had not given unto God what was due unto God If the kingdome had concluded a peace without an expresse article for conservation of their Churches God