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A53455 [An] answer to a scandalous letter lately printed and subscribed by Peter Welsh, procurator for the Sec. and Reg. popish priests of Ireland Intituled, A letter desiring a just and merciful regard of the Roman Catholicks of Ireland, given about the end of Octob. 1660. to the then Marquess, now Duke of Ormond, and the second time Lord Lieutenant of that Kingdom. By the right honourable the Earl of Orrery, one of the Lords Justices of the kingdom of Ireland, and L. President of the province of Munster, &c. Being a full discovery of the treachery of the Irish rebels since the beginning of the rebellion there, necessary to be considered by all adventureres and other persons estated in that kingdom. Orrery, Roger Boyle, Earl of, 1621-1679.; Walsh, Peter, 1618?-1688. Letter desiring a just and merciful regard of the Roman Catholicks of Ireland. 1662 (1662) Wing O474; ESTC R223780 34,220 48

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that though their Army is such as sufficed to subdue the Irish Rebels when universally confederated throughout the Kingdom and supplyed by Foreigners with Money Armes and Ammunition and strengthened with no lesse than the Popes Blessing and Nuntio yet their power consists not in Armes or Armies Fortifications or Men but in Loyalty and Obedience to his Sacred Majesties Commission and Authority and is consequently as P. W. sayes no greater than his Majesty is pleased to make it And since this is the true state of the Protestant both Principle and Interest As in truth it is even their Adversary being their Judge 't is likely therefore that P. W. declares they are his Adversaries for I believe his Friends are other guess men But doubtless those are fittest to be trusted with Power who are no stronger by it even by their Enemies acknowledgements than He which gives it is willing to make it than those who never had power but what they forc'd from his Majesty and who never employ'd that Power the whole stream of their own actions being their Judges but against that Sacred Majesty from whom they wrested it The Arguments following plead Justice and that Justice grounded on the Articles of 1648. and judged by the sad consequences threatned on the breach thereof whether we regard men or God Though concerning the Arrticles of 1648. enough hath been instanced already yet to leave P. W. without occasion of Cavil it will not be unfit to adde somewhat more here 1. The Contents of those Articles are in themselves unwarrantable except in Case of Necessitie which hath no Law 2. The Condition of those Articles whereon they were principally if not onely founded hath been often and intirely violated by the Irish Papists The Contents of those Articles are unwarrantable unless in Case of Necessity because they are contrary to an higher Obligation according to the Rule both of publick and private Justice 1. His Majesty at his Coronation binds himself to God to govern these Kingdoms according to their respective Laws and let P. W. himself consider how agreeable it is to Law or publick Justice that the Militia Treasury an Army of fifteen thousand Foot two thousand five hundred Horse of Irish Papists and even in effect the Legislative power it self should be in the hand● of twelve men to be chosen by Irish Papists or that there should be no alteration in England of what they in Ireland should think fit to transmit to his Majesty for the settlement of that Kingdom or even that the Irish Rebels should be pardoned without the consent of Parliament when his Majesty in Parliament the seventeenth year of his Reign adjudged such pardon before Conviction to be null and void hereby even when they treated with his Majesty concerning the Affairs of this Kingdom assuming the Legislative authority of it by repealing the Statute made the 10. of Henry the VII commonly called Poynings Law and the explanatory Law thereof in 3. 4. of Philip and Mary And though hitherto they chiefly pleaded before his Sacred Majesty in Council but for so much benefit of the Articles of peace in 1648. as would restore them to their forfeited Estates yet if they had prevailed therein upon the score of that plea it must in consequence have adjudged for them the benefit of all the other Articles as a Right For if any of those Articles are due to them by an Obligation of Justice all are then d●e to them by the same Obligation and since as appears by his Majesties Gracious Declaration in Council of the 30. of November 1660. that they have no right to any of their forfeited Estate● nor any title but what his Majesties mercy and bounty hath vouchsafed to diverse of them it thence follows That his Majesty in Council has adjudged They have no right to those Articles For as an adjudication of his Sacred Majesty of their Title to any one of the said Articles had entitled them to All so an adjudication of his Majesty in Council That they had not a right to that One they pleaded for has adjudg'd them to have no right to any 2. Was not his late Majesty of glorious memory before those Articles 1 preingaged to the Adventurers for many of the forfeited Lands in Ireland 2 in the strictest form of Ingagement even by an Ingagement in Parliament 3. on the account of strictest Justice even by way of sale 4 on the best account o● sale the end thereof being to reduce the Irish Rebels therefore might not these Arguments which P. W. urgeth in this instance against the breach of publick Faith be at least more applyable to this Engagement of his late Majesty to his now Majesties Declaration at Breda and his Gracious Declaration of the 30. of November 1660. which were all Acts of Choyce Premeditation and Freedom than to those Articles of 1648. which was an Act of Necessity and Rebellious force The Casuists and Schoolmen will easily resolve P. W. that the later and lesser Obligation ought to give place to the elder and greater But if P. W. object That if his Majesty were under an Obligation preceding and opposite to theirs why did he enter into an Obligation unto them To that I answer 1. That then it was not Res integr● for his Majesties Rebellious Subjects even some of the Adventurers themselves had super-induc'd a necessity upon his Majesty which as he could not foresee when he made his first Contract so by all the tyes of natural preservation he was bound to take away when they were brought upon him and it could not be a breach of Faith in the King to them who made it as things then stood impossible to perform it 2. Though Necessity be an unhappy plea yet when 't is a true it is an allowable one 3. That very Necessity which constrain'd his Majesty to those Articles had they been observed by those with whom they were made would have invited all honest Englishmen to have cheerfully waited till by the expected fruits and effects of that Peace his Majesty might have been enabled to have satisfied them nay they would rather have lost their money than his Majesty should have broken his Faith with them that had kept it with him and would have been so serviceable to him besides his Majesty might have been so soon reseated in his Throne that the debts of the Crown would have been so small and his Subjects ability and affections so great that he might and would easily have satisfied the Adventurers desires without forfeited Land in Ireland even by their own consent But the breach on the Irish Papists side has occasion'd so long and chargeable a War that their forfeitures together with the vast sums sent out of England into Ireland and raised in Ireland it self are scarce able to defray that expence which their own violation of Faith has engaged the Crown in so that it is but just that the Bear-skin as far as it will go should contribute to pay for the healing of those Wounds which the Bear it self had given His Sacred Majesty in the 3. page of his Declaration speaking upon these Articles uses these very words viz. When they who wickedly usurped the Authority in this Kingdom had erected that odious Court for the taking away the life of Our dear Father no body can wonder that we were desirous though upon DIFFICVLT CONDITIONS to get such an united power of Our own Subjects as might have been able with Gods blessing to have prevented that infamous and horrible Parricide In these clear and Royal expressions the World may see what was the only incentive to his Majesty for his granting of that Peace even no less than the preventing of the Murther of his blessed Father and the bloody consequences of it And therefore if That were the hopefull effect of those Concessions had they been observed on the Irish side may not we without too much straining inferr that the breach on their side contributed to if not acted that unparallel'd Crime To commit the Sin and not to prevent the Sin when men have the preventative power of it are very near ally'd if not the same Crimes I shall also here again observe that what P. W. calls Freely putting themselves and their power into my L. Lievtenants hands his Sacred Majesty justly marks with these observable expression● upon difficult Conditions may I not therefore from thence also well infer That P. W's Clients do nothing so freely as when they put difficult Conditions on his Majesty Though I have said and prov'd by undeniable evidences That the Irish Papists have violated and broken the Articles they extorted in 1648. yet becauss P. W's Tenents obliges
the innocent Irish Papists are relieved from theirs 5. Observe the insolency of P. W. for though his Sacred Majesty in Council by his said Declaration published to the world in print declared that some other transplanted Irish are to stand bound by their own Act and not to be relieved against it yet P. W. is so far from acknowledging and magnifying his Majesties Mercy in using the innocent Irish Papists with more favour than even those happy persons whom his Majesty honours with the high Title of being his Friends that P. W. peremptorily sayes viz. The Transplantation cannot be continued on account of their crimes since 1648. nor can it stand with the Articles or with the equity of the Lawes much lesse with the Justice of the Prince 6. That the Justice of his Sacred Majesty in Council may appear to be such in not breaking so much of the Transplantation as is confirmed by the said Declaration I desire these following particulars may be throughly considered 1 If such transplanted Irish Papists into Connaught and Clare should plead that the Force of the late horrid Usurpers constrained them to go thither in person I answer yet no Force lay upon them to sue out Decrees and obtain possessions of Lands there in lieu of their former sorfeited Estates in the other Provinces And it is onely in point of Land that the said Transplantation is continued so that their doing of what they could not avoid is not made conclusive to them but only their doing of that which they could avoid and yet sollicited and brought to effect is made binding to some of them To which I shall adde that those to whom it is made obliging are only such as having no title to innocency for all Innocents are freed from Transplantation have no title to any of their former Estates And therefore this confirming of them in the compensation of that to which they had no right should invite them to acknowled his Majesties Mercy which yet P. W. in their behalf exclaims against as injustice 2 Though all these guilty Transplanted Irish have forfeited their right to the Articles extorted from his Majesty in 1648. and though by those Articles had they been as punctually observed by them as they have been generally and often violated by themselves yet his Majesty was not obliged to hinder them from making an unequal bargain or exchange for those their forfeited Lands which by his mercy they were restored unto nor to confirm to them those Lands which they sued for in satisfaction of their former Estates yet his sacred Majesty confirms to them in confirming their Transplantation those Lands which they themselves had obtained from the Usurpers as a compensation for the Lands they left and to which they had not the least shadow of a Title because they had broken yea often if not alwayes the said Articles of peace vouchsaved to and extorted by them in the year 1648. 3 The persons themselves who are transplanted have by their publick Agents made the continuance and settlement of the Transplantation the subject matter of several Petitions and Addresses to the RVMP therefore as for ●hem to decry it now argues in them a fuller readinesse to obey Force than Right so the continuance of it being in effect but a granting of their own desires and petitions they can justly blame none but Themselves To prove the truth of this I shall set down the Titles and chief Heads of two petitions presented to the RVMP The one is in print and thus addressed To the Supreme Authority the Parliament of the Commonwealth of England c. The humble Petition of Sir Robert Talbot Baronet and Garrot Moor Esq on the behalf of themselves and the distressed Irish Submittees upon Articles of War and others who are to have a certain proportion of their estates by the Act for the setling of Ireland held forth in the year 1652. Wherein to use their own words They humbly show That the Petitioners upon confidence of enjoying the Benefit of several Declarations and Articles of War held forth unto them by Authority of this Parliament c. did readily subject and put their Consciensciences Lives and Fortun●s as in a secure Sanctuary under the protection of this Commonwealth having ever since walked peaceably and in due conformity to the Government without the least defection therein That since the interruption given to the sitting of this Parliament in the year 1653. no Christian Nation can parallel the sufferings of the petitioners c. which render the petitioners as fit Objects of your Honours piety justice and compassion as any who may challenge your protection Notwithstanding the Petitioners withered hopes and former confidence being a fresh revived by your Honours return to the management of the present Government and their propensions so great to peace and quietnesse that rather than ravel into the settlement They do willingly acquiesce in the Transplantation albeit it was not executed by any legal power as not being derived from your Honours Soon after in the same Petition follow these words They do apprehend that contrary to your Honours pious intentions manifested in the said Act for settling of Ireland they may be postponed or neglected unless provided for in the Act of settlement now to be established And therefore the Petitioners humbly pray c. This Petition was delivered by the said two Agents for the Irish Papists at the door of the House of Commons in England and entered by the Clerk of the Rump The other petition was in writing and subscribed Robert Talbot Garret Moor the Title of it is To the supreme authority the Parliament of the Commonwealth of England c. Supplications humbly tendered by Sir Robert Talbot Bar. and Garret Moor Esquire for and on the behalf of themselves and the distressed Roman Catholicks of Ireland in order to be therein relieved by the Act of Settlement now to be passed Their second Supplication in this petition is set down in these words viz. That the Estates assigned unto the Petitioners in the Province of Connaught and Country of Cla●e be confirm'd unto them The third Supplication in the said petition is in these words viz. That the Decrees obtained by any of the Petitioners pursuant to the Articles and Qualifications be put in a way of satisfaction and for the time past put in equal condition with others who have had the benefit of their Decrees The fourth Supplication of this petition is expressed in these words viz. That there having been no time limited by this Parliament for the Petitioners to enter and prosecute the claims according to their respective Qualifications and the interruption given to the sitting thereof soon after the Act of Settlement having hindred many from doing the same and that others through absence poverty and the short sitting of the Court for the adjudication of Claims appointed since the said Interruption could not do it That a farther time be allowed unto such to enter
judge the Protestants designed the deserting of the Kings service when they sent their Armie to the King by which onely they were capable of disserving him nay sent it in that very Juncture of time wherein they had as much cause to fear the ruine of themselves and Families from the often Violations of the Cessation by the Irish Papists after that Cessation was made as from their inhumanities before But yet when his Majesties Service required it though the answering thereof by transporting their Armies into England threatned more than a probable ruine to them at home from the Irish Papists who then delayed and indeed never after would send an Army to the King into England yet the Protestants did not so much as hesitate but chearfully exposed themselves to the danger to pay the duty and receive the honour of their obedience The same Infidelity and Treachery which Munster and the parts more remote first experienced the L. Lieutenant and the Protestants with him at Dublin at last tasted and his Grace was thereby compelled in the year 1647. with his Majesties permission if not Order to resign Dublin and all the adjoyning Garrisons in●o hands of the Parliament which is the second pretension for this slander On these occasions the English Protestants of Ireland not by Choyce but Necessity and a necessity onely created by the Irish Papists themselves not by the Protestants own private acts but the necessitated Acts of those that were set over them by his Majesties authority came into the Stream with the violence whereof they confess themselves afterwards hurried into such miscarriages as made their hearts ake yet they hope less criminal than those in the Irish Rebellion or to any degree of Apostacy which deserves the scandal that P. W. layes on them of wholly deserting the Royal Cause For 1. Notwithstanding the violent endeavours of both Papists and Anabaptists not many of the Protestants of Ireland have declined the Church of England in her greatest Tryals whose principles are not only most consonant to Truth but also most usefull and duti●ull to the Royal Cause and for that reason were opposed most by the two Extremes So that Old Protestants in the Anabaptists Dialect was the same with Royallist and by them the Protestants of Ireland were dealt with accordingly And 2. as the principles so the practises of the Protestants vindicate their loyalty 1. They submitted this Kingdom to his Majesty not as England and Scotland by the concurrence of the General and General Officers but without them nay against them 2. Though they saw the difficulty of that attempt and foresaw the hazard from Anabaptists who then in chief commanded the Army in Ireland if they succeeded not and from Irish Papist pretenders whose necessities had driven them to serve themselves by his Majesty in Flanders if they succeeded yet were they early if not the first and free without Articling in the duty of their Submissions And least P. W. who saye● many things that are not true should deny this which is so signally true I will cite the undenyable Testimony of his Sacred Majesty himself which follows in these words in the 2. page of his Majesties gracious Declaration for the Settlement of Ireland We acknowledge that our good Subjects of the Kingdom of Ireland have born a very good part in procuring this happiness that they were EARLY in their dutifull Addresses to Vs and made the same professions of a resolution to return to their Duty and Obedience to Vs during the time of Our being beyond the Seas which they have since so EMINENTLY made good and put in practise Here is not only a profession of duty but a making of it good and putting it in practise Here is not only an early owning of His Majesties Authority but an owning it when he was devested from the actual exercise of it and that too as to Ireland by the Irish Papists And this is also the first fruits of the Protestants having recovered the power of Ireland and that with no less hazard than loyalty 3. To make the Discrimination yet clearer The Irish Papists at first murther'd and fought against his Majesties good Subjects to take from him his Crown The Protestants of Ireland fought against his Enemies to restore him to it The Papists of Ireland we●e seemingly good Subjects but to become more dangerous Rebels But the Protestants of Ireland if seemingly Rebels were such but to become more useful Subjects The last action of the Irish Papists when they had the power was to expell His Majesties Authority with circumstances as wicked as the very sin but the first action of the English Protestants when they were in power was to restore His Majesties Authority with circumstances almost as dutifull as the Action it self Lastly Not to hold a candle longer to the Sun I will but instance one other experiment and against an experiment there is no arguing and the instance of this experiment is even in the very case now controverted and in which also my L. Duke of Ormond himself was the Judge In the year 1650. when ●● came in Question which were the worst the Irish Papists or the seduced Protestants He permitted all those worthy Protestants which till then had served under him to come off to the rest of the Protestants though then headed by Ireton himself esteeming them safer with that real Regicide so accompanied than with those pretended Antiregicides so principled Certainly he esteems those less ill to whom he sends his Friends than from whom he sends them If so wise and so faithfull a Servant to his Majesty as the L. Lieutenant is had had any hope that the Irish Papists would ever have return'd to their Loyalty doubtless he would never have sent away from them so many powerful helpers of it and friends unto it and if his Grace had not had more than hopes that the English Protestants would have return'd to their obedience as soon as they had got the power of doing it he would never have sent his friends unto them The Wisdom of his Grace's foresight has been happily justified in the Result For all the Protestants which then came off were eminently instrumental and concurring in the duty of accomplishing that blessed Event I dare as truly as confiden●ly say the most of the Protestants of Ireland only served under the Usur●ers but to bring the Irish Papists to those terms which without the force of English swords they would never have been brought unto The ancient and modern often breaches o● fa●th which the Irish Papists were guilty of made it too evident to many of the Protestants that nothing could bind them but steel and iron The truth of both these po●itions is clearly read in that issue which the providence of God has effected However the once seduced Protestants of Ireland are willing to take shame to themselves and give glory to God in con●essing their Guilt such though not by causing yet by complying with the
presume P. W. expects a greater degree of favour than many others of his Country-men and therefore his Fears and Jealousies are less his affection and confidence more and may not his Majesties Grace make a general as well as personal difference Lastly As God who is glorious in all perfections doth magnifie his Mercy above all his works so his Majesty who abounds in all Royal virtues doth above all abound in Grace and Goodness and from that Grace and Goodness without the lest pretension of merit the Popish tenent or Articling the Irish practise the English Protestants confess to derive their All. Yet they humbly conceive there are rational inducements for His Majesty in the degrees of his Grace to discriminate between the Irish Papists and the English Protestants 1. In all Societies the publick acts of FREE Representatives virtually and interpretatively include all who declaratively oppose not But the English Representative though under a Force would never consent to cast off his Majesties Authority and as soon as freed from Force brought home his Majesty the Irish when at most freedom and after a submission pretended distrusted disobeyed opposed his Majesties Authority yea banish'd and excommunicated him in effigie in his Viceroy and his namely all that should feed him or adhere to him nor did they ever as a publick Representative either witnesse their repentance or contribute to his Majesties Rest oration 2. The English Protestants as became Subjects submitted to his Majesty freely and absolutely but the Irish Papists as became Enemies not only articled with his Majesty but compelled him in the day of their height and his necessity to such Articles as they knew nothing but necessity could compell him to The English Protestants may therefore claim his Majesties Grace which is as great as their guilt the Irish Papists can only claim what is due by Articles the foundation whereof being dissolv'd on their parts they can justly claim nothing by them though his Majestiss mercy has given them much 3. The forfeited Estates of the English Protestants were fully at his Majesties dispose and might be freely remitted but the forfeited estates of the Irish Papists were sold by his late Majesty of blessed memory and that sale for the satisfaction of the Adventurers countenanced and declared in Parliament and therefore the forfeited Estate of the Irish Papists could not be remitted without satisfaction to the Innocent Purchasers 4. His Majesty may rationally expect more future Obedience and Loyalty from English Protestants than Irish Papists For 1 the English Protestants are the Conquerours the Irish Papists the Conquered and ancient as well as modern experience has made it appear the Conquered never did some think morally never will love the Conqueror and though his Majesty should give the Irish Papists not the half only but the whole of this Kingdom yet they will never probably forgive the English Protestants for conquering them nor consequently heartily love that Royal authority which first commissionated the Protestants to do it 5. Untill these last unhappy and unnatural troubles the English Protestants in Ireland were never charg'd as guilty of any Rebellion but the Irish Papists in all opportunities never other than rebellious Queen Elizabeth was the mirror of her age yet during all her Reign the Rebellions of the Irish Papists in Ireland were very frequent King James was another Solomon a Prince of peace yet was his peace interrupted by the Rebellion of Irish Papists and by that only King Charls the first was a greater than that Solomon and the wisest of men thought the Irish Papists fasten'd in 1641 to his Majesty by the best of Goverments and to the English Protestants by the strictest Tyes of Interess friendship marriage and which is more in their esteem Gossiping and Fostering to the publick peace by their as flourishing so free condition and to all by those Royal Graces which his sacred Majesty at that time indulg'd their Commissioners such as themselves could desire 't was then but ask and have yet all this Honey turn'd into Gall for at that very time in which the King was exercising such high acts of Grace to them the Irish Papists plotted and soon after perpetrated the worst of Rebellions the worst extensivè exulcerating generally and intensivè breaking forth with more perfidy barbarism and cruelty than can be parallel'd in any History 6. Principles of Religion ingage English Protestants to submit to the King as Supreme but Principles of Religion ingage Irish Papists to advance as Supreme a Foreign Prince and limits all their obedience with a Saving to the pretended Apostolick See Certainly his Majesty may expect more future obedience from Protestants whose Consciences ingage them to Loyalty than from Irish Papists whose Consciences are ingaged to the Pope Can his Majesty trust them if they be not faithfull to their Conscience-ingagement and if they be can he trust them when their Consciences ingage them to his Enemy The next sort of Arguments respect some special Cases as 1 of the Transplantation 2 of the Corporation Concerning the Transplantation P. W. peremptorily concludes That it cannot be continued on account of their Crimes since 1648. nor stand with the Articles or with the equity of the Laws much less with the Justice of the Prince 1. This Conclusion without any proof with the same facility as it is said may be gainsaid 2. The Foundation of those Articles and consequently the Articles themselves are thrown down by the Irish Papists wherefore it matters not as to his Majesty what can or cannot stand with them 3. Many other Countreys and Ages have formerly on lesse grounds used Transplantation and been justified therein as just and equal by Lawyers and Casuists 4. Observe his Sacred Majesties Royal and Fatherly Indulgence even to those Irish Papists who being Innocent sued out Decrees and obtained possession of Lands in the Province of Connaught and County of Clare First Positively for though they had bound themselves up therein by their own Act in which though his Majesty saith in the 14. page of his Gracious Declaration of the 30. of November 1660. We might without any injustice deny to relieve them yet his Clemency is so great That in the same 14. page of his said Declaration he breaks those Fetters which they had bound themselves in and orders them to be restored unto their former estates Secondly Comparatively his Majesty uses those innocent Irish Papists with more tenderness than even those which He honors with the high Title of his Friends in England and Ireland as appears in the 18. and 19. pages of the said Declaration For though such are not to expect that his Majesty should pay back to them the Moneys they were compelled in the evil times to disburse for their Compositions the payment whereof they would have avoiden had it been in their power as much as the Irish Papists would have avoided their Transplantation yet his Majesties Friends are not relieved from their own Act when