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
matter as yet more eagerly they concluded the Peace either on the 28. of March or on the 29. of Iuly If the later wee have our intention namely that they concluded the Peace after the Marques his Commission was recalled which was the eleventh of Iune before if the former then were our Councell and Committees violators of their promise made to His Holynesse His Nuncius Apostolique and perfidious to the whole kingdome which in publique assembly promised and agreed that nothing should be concluded 〈◊〉 agreed upon untill May following Such as are meanely versant either by study or practise in the lawes of this kingdome know that an obligation past by a Debtor unto his Creditor though Signed and Sealed this moneth yet bindeth not then nor ever after unlesse he also DELIVER the same obligation and then onely and not before it beginneth to oblige when the obligation or bond is delivered how much more in our case is it evidently convinced that the rejected Peace began not to oblige untill the time of the deliverie thereof which was on the 29. of Iuly and not before seeing that in our case besides the defect of deliverie the very signing and sealing it selfe was not absolute but conditionally that 10000. men should be sent over by the Catholique Confederats and the Articles were not laid on the hands of either of both parties but deposited on the hands of a third person But in a truth so evident testified by so many witnesses yea confessed by the Committee of treaty themselves we need not wast much time 5. Wherfore we are to prove that the Marques of Ormonds Commission was recalled and revoked before the foresaid 29. day of Iuly for effecting whereof wee need no other evidence than the Kings owne letter which we exhibit unto the Reader word by word as it was written by His Majestie himselfe His Majesties Letter to the Marques of Ormond CHARLES R. RIght trusty c. Having long with much griefe looked upon the sad condition Our Kingdome of Ireland hath been in these divers yeares through the wicked and desperate Rebellion there and the bloody effects have ensued thereupon for the settling whereof wee would have wholly applyed our selves if the difference betwixt us and our Subiects here had not diverted and withdrawne us and not having been able by force for that respect to reduce them wee were necessitated for the present safety of our Protestant subjects there to give you power and authority to treat with them upon such pious honourable and safe grounds as the good of that Our kingdome did then require But for many reasons too long for a letter VVee thinke fit to require you to proceed no further in Treaty with the Rebells nor to engage us upon any conditions with them after sight hereof And having formerly found such Reall proofes of your ready obedience to our commands wee doubt not of your care in this wherein our service and the good of our Protestant subjects in Ireland is so much concerned From Newcastle the 11. of Iune 1646. 6. Out of which letter the Catholique Confederates may behold not onely the revocation of the Marques his Commission but also the dangerous Condition wherein they are while His Majestie is so awed by the Rebellious Scot as he must say write and doe against His faithfull Subjects what ever they please to suggest unto him Here His Majesty is pleased to call us Rebels and our warre desperate Rebellion elsewhere being freed from those Harpies he calleth us His faithfull Subiects upon whose succours to rescue him from his present calamitie he wholly depends Wherefore I exhort the Confederate Catholiques to stand well upon their guard and to preserve securely in their owne possession and Command such Forts Cities Armes and Armies as God hath prodigiously given unto them since these warres least His Majesty being forced by the Scots or Parliamentaries should subscribe to such Commands unto Ormond as he subscribed unto Mountrosse in Scotland commanding him to lay downe Armes and to yeeld unto the Scots such Cities Forts as by his Armes hee recovered for His Majestie from them That the Parliament hath and will endeavour to obtaine such Commands from the King wee are premonished by the Vote made in the house of Commons of England 3. Iuly 1646. where they order that a letter should be drawne up to be sent to His Maiestie from both houses of Parliament to desire His Maiestie to write to the Marques of Ormond in Ireland to SVRRENDER up severall holds and places of strength in that kingdome possessed by his forces to such hands as both houses of Parliament shall nominate and appoint and a Committee was named presently to draw up the said letter Now in case the King be forced to send such a Command unto the Marques what assurance have the Confederate Catholiques that he will not forthwith yeeld obedience to such forced Commands as he yeelded to the above letter and deliver up unto the Parliament not onely what Cities Townes and Forts hee hath in his owne Quarters but also such Cities Townes Forts Garisons Armies and Magazins as should be transferred to his government Command and trust by the Confederate Catholiques It s knowne that the Marques is of the same profession with the Parliament that since these warres he hath continuall Commerce and mutuall correspondence with them private letters messages and Agents past betweene him the Parliament and the Scots that hee never used any act of hostilitie against either nay since the Clergy and their Adherents the Confederate Catholiques have opposed this Peace he hath sent severall Agents aswell unto the Scots as unto Insequin and the Parliament praying them to send him succours and actually entertained some of the Parliament Commanders in Dublin and intrusted them with places of Command within that Citie yea had actually delivered not onely that Citie but all other Cities and Forts c. in his Quarters to the Parliament if the Parliament vouchsafed to intrust him with the government of the kingdome and to grant unto him such Conditions as hee expected for procuring whereof it is thought Sir Francis VVilloughby whom the Marques sent over before to the Parliament is now gone over againe with the Parliament Commissioners to elaborate the busines I appeale then to all disinteressed Divines whether the Catholique Confederats may in such a case transferre from themselves who have sworne allegiance and fidelitie to their Soveraigne and particularly to keepe secure such Forts and Cities c. for His Majesties use unto one so suspected the government or Command of the same Cities Forts Armies c. seeing in so doing they doe probably hazard Religion King and Countrey If neither Parliament nor Scot will intrust his Excellencie with the chiefe government of the kingdome though hee be of their profession nor entertaine him as their servant shall the Catholiques unto whose Religion he is a sworne Adversarie inttust him not only with such a
esteeming any Machiuilian policie which herein they might forsee but being caried away with the firme allegiance they ought theire King and fervent desire they had to aduance his seruice by universall and unanimous vote condescended to the Marques his request and gaue him with all in mony to assist his maiestie in that expedition 3000-pounds The monyes were receiued by the marques as then was bruited the Catholike confederats provided on theire parts but neither then nor after would the marques of Ormond euer goe into the field either with his owne forces aparr or ioynd with ours against the Scots nay if we may give credit to the probable coniectures and strong presumptions of many his Excellencie had some influence and concurrance in the invasion made by the Scots into Conaught and other parts of Ireland and it was observed that upon such inuasions and other defections of the Enemie his Excellencie endeauoured to draw our people to this uniust peace obiecting unto us how could we resist so many Enemies wherein he had enough of mercenaries in our owne bosome who plaid the advocates for him see more § 5. 16. It is also observable that our Councell and Committees had notice of the forsaid letter dated 16. Februarie 1644. the next Iuly following yet did they neither publish it nor make use therof in the treatie of peace by causing the marques to ioyne with them against the Scots or Inchequin according to his Maiesties direction either aftet the peace was concluded or before during the continuance of the Cessation see aboue in the first part and in the Marques his answere to our 7. and 8. proposition where euery impartiall iudgment may discouer how farre the Marques was from giueing obedience to his Maiesties directions in this particular and what merueile is it he fauour affect and cherish those who Were then used as instruments to persecute the Catholikes and now lately called upon by the Marques himselfe to assist the hereticks of Dublin The king as yow may see by this letter was glad to giue us a remuneration for condescending to a Cessation being then necessitated but our Committees would take noe notice therof they euermore cast the necessite on our selves and in lieu of accepting graces from his Maiestie they wasted the monyes of the kingdome on the subiect 17. Our distressed soueraigne by his missive of the 16. of April 1646. advertised the Marques of Ormond that he receiued very good securitie that he and all that did or should adhere unto him should be safe in theire persons honour and Consciences in the Scotish Army an that they would reallie and effectuallie ioyne with his Majestie for his preservation and employ theire armies and forces to assist him with whose assistance and with the conjunction of the forces under the Marques of Montrosse in Scotland he would indeavour to procure an honorable and speedie peace in England which resolution he praied the Marques of Ormond to communicat to his Councell and his loyall subiects with him Among these loyall subiects it pleased the Marques of Ormond to register Major General Monro unto whom by his letters dated 21 may 1646. he communicated the kings forsaid resolution in this dialect Sir having this morning rereiued a dispach from his Maiestie and command to impart it not onely to his Councell but to all his loyall subiects I am confident yow haue soe good a title to aknowledge thereof as I have held it my part instantlie to dispache it unto yow by an expresse and soe sir wishing yow all happines I rest your assured humble servant Ormond here I observe first that Monro and such other Couâ—nantiers who have sworne the oath of Couenant against the king and his Monarchie and made warre these foure yeares past against him are in Ormonds Calender Loyall subiects though in his Maiesties Calender they be notable Rebels and therfore he admonisheth Ormond to ioyne in armes with the Irish against them from whence this sequel may be rightlie deduced to giue the gouernment of the Citties forts c. within our quarters or the Command of our armies unto Ormond is in effect to giue them unto Monro and his fellow Couenantiers 2. I observe that the Marques ioyned with the Scots against us whereas the king commanded him to ioyne with us against them 3. I observe that the Scots in England have beene soe farre from ioyning theire forces with our partie the Marques of Montrosse in Scotland as they haue made him lay downe his armes and render unto them what forts Citties c. he had in his possession noe better securitie or effects may the Confederat Catholikes expect by any conjunction with Ormond if therin he shall haue the chiefe Command or gouernment Other observations I omitt haveing heard before the impression hereof some good newes of Leslyes conjunction with Antrim and of a happie victorie by them obtained against the Parliamentaries God grant it bee true To concurre with the English Parliament to dethrone theire owne naturall soueraigne who hathe beene the greatest hoÌ„our that euer Scotland had coÌ„sidering the amplitude of his dominions is a thing soe Vnnaturall as heaven and earth may be astonished at it T were better be subiects to him than slaues to his Rebellious subsects the Parliament dixeruntque omnia ligna ad rhamnum veni impera super nos for the Scots forwarning herein and the incitation of all faithfull subiects to take armes against that rebellious merciles Parliament of England I will presume on the Readers favour to licence me to A difgression wherin the Parliament of England hathe manifested theire impudencie against the Scots and theire horrid treason against theire and our natural liegelord QVEREES TO FIND OVT WHO IT IS THAT HOLDS OVT IN ARMES AGAINST THE STATE OF ENGLAND SEing the King is our prisoner as in the Scottish Army who by contract are our servants and our Army and therefore not to do what they list but what we coÌ„mand them seeing they receive pay from us as meer mercinaries and serve not freely as brethren therefore if our State representative the chosen Commons of England assembled in Parliament shall give Order to the State of Scotland for tht King presently to disband all his Forces in England Ireland or else-where and to deliver up all Townes and Garrisons unto our States hand Quere I say if it be not done thereupon if wee may not conclude that it is the Scots hold up Armes against our State for the King being our Prisoner and in their power our servants hath no power but must do as they will and they will do as they list for him For if they of themselves can prostrate their owne opposite armes of Montrosse and put his name thereto for a cullour as if done by him or inforce him to doe it to cullour their doing why not the same forme upon order from our State aforesaid why oh English States is not this assayd to discover who it
is that holds up armes against you for what power hath one man that is in the power of others And if our State will not giue order for the same what may we not conclude there of must the lives and estates of men be sacrificed to the wilfulnesse of any But our State performing their parts we shall apparantly see where it rests for how can the King hinder what they please to doe Do not these that are celled the French and Spanish States what them please put or their King must put their names thereto to culour it that the State may not bee seene in it but it may passe as if their Kings act not theirs Can any be so simple to think their Kings may or can rule a State which is as much as the wisest State can doe In short it is the States doe all and so doe the Scot and so ought our State and not let the weale safety happinesse prosperitie and being of a Kingdome or kingdomes and millions of lives therein lye at the will or the VVilfulnesse folly or madnesse of one man whom they call their king though the Parliament of England in their late letter to him when hee was at Oxford doetell him plainly that he is guilty of all the innocent blood which hath beene now shedin all the three kingdomes Oh therefore let not the world ieerus that our prisoner can use his keepers as his prisoners c. VVho hath stood it out in open Hostility as long as possible he could against his Earthly Soveraigne Lord king and Creator the state Vniversall VVhose legall and formal representative the Parliament he hath vnnaturally wickedly uniustly and irrationally proclaimed Traytors and Rebels for doing their duty in endeauouring the preservation of those that trusted them from the ruine and distruction endeavoured and intended to them by him their rebellious servant How can it be properly said that the Engish Creator the State of England can commit Treason agasnst it's own meere creature the king If it be treason to assist the king with men monies armes and horses in this his unnaturall VVarre and Rebellion against the Parliament and people of England as the Parliament hath often declared then is it not the height of Treason for any of the Parliaments Armies privately to treat with him and to receive him into their Army and there protect him from those who requite him and have right to him and to disposc of him yea and afford him elbow room and libertie to send Messages and Embassages to Denmark Holland France Spain and Ireland or whether he pleaseth that so he may lay new designes for the utter subversion and destruction of thâ— State and kingdome Oh the height of c. no longer to be put up borne or suffered by trustees that desire to approve themselves faithfull to their trusters London August 16 46. 19. Reade all histories â—acted and prophane reuolve all Chronicles domesticke and forren and tell us if yow haue or can finde any treason soe abominable any rebellion soe odious to God and man any Apostacie soe detestable to heaven and earth as is this damnable treason rebellion and apostacie of the titular Parliament of England It is not enough to be perfidious to theire king bur they must be also blasphemons against God by making themselues Creators Here monarchie is ablegated anarchie introduced the Lords anointed made slaues to theire subiects and theire subjects raised to noe lesse dignitie than to earthly soueraignes Lords Kings Creators the stato vniuersall Theire fellow subjects the Scots are theire merce naries and servants not theire Brethren and the Irish are unto them opprobrium hominum et abiectio Plebis But pride and confusion disobedience to Princes and treason against them and theire monarchie is a propertie inseparable from moderne heretickes wherfore we must not admire that D. Garrier sometime a Protestant and Chaplaine to k. Iames burst forth into these words I can not be persuaded that they ever will or can joyne togeather to advance your Majesty or your children further then they may make a present gayne by you They are not agreed of their own Religion nor of the principles of universall and Eternall truth how can they be constant in tho Rules of particular and transitory honor Where there is nullum Principium Ordinis there can be nullum principium Honoris such is their Case There is a voyce of confusion among them as well in matters of State as of religioÌ„ Their power is great but not to edification but to destruction They ioyne to geather onely a gaynst good Order which they call the Common Enemy and if they can destroy that they will in all likelihood turne their fury agaynst themselves andlike Diuells torment like Serpents deuoure one another In the meane time if they can make their Burgers Princes and turne old Kingdomes into new States it is lyke inough they will doe it but that they will ever agree together to make any one Prince King or Emperour ouer them all yield due obedience unto him further then eyther their gayne shall allure them or his sword shall compell them that I can not persude my selfe to belieue And therfore I can not hope that your Majesty or your Posterity can expect the like honour or security from them which you might do from Catholike Princes if you were ioyned firmely to them in the vnity of Religion § 5. The Marques of Ormonds Commission enlarged by his Majestie but his Command not executed 20. When the Marques of Ormond dispachd Agents unto the Parliament demanding succours from them against the con federat Catholikes of Ireland It is said S argeant Eustace to cloake that treason publickelie declared in the dismembred Parliament of Dublin that as it was lawfull for euery man euen by the law of nature to defend himselfe against the violence of uniust Assailants soe was it lawfull for the kings Lieutenant and the kings priuie Councell in Dublin for theire owne defence to looke for succour from the kings Enemies the Parliament against the kings subjects the Irish who were in a violent and hostile manner to assault them letting this passe for an hyperbole the Catholike Confederats doe brieflie affirme that they were noe assailants but defendents of theire lives religion liberties and estates against theire fellow subjects and particularlie against the chiefe Ministers of justice who following the steps of their Predecessours tirannically gouerning made use of all the projects that michieuous policie could invent to depriue them of theire lives religion liberties and estates wherin they have beene soe exorbitant as neither the authoritie of the ancient fundamentall lawes of the kingdome nor the kings owne Commands could preuaile with them Here we must descend vnto particulars and especiallie to the kings Commands sent vnto the Marques of Ormond enlarging his power for the speedie conclusion of a happie peace 21. The impossibilitie saith his Majestie writing to the Marques of Olmond of
or future Concessions to be granted by his Majestie as if he would be moderator or superintendent ouer king and subject It Was not enough to disobey the kings Commands giuen to himselfe to repeale those lawes c. but he must also positiuely oppose those other Commands giuen by his Majestie to others and the Conclusion therupon made wherfore It is conceaved whateuer the Marques of Ormond hath treated or concluded with our Committees in this peace that was comprehended in Glamorgans Commission and by him concluded with the Catholike Confederats were treated and concluded by the Marques without any power or Commission not onely because his Commission was recalled as yow haue heard aboue in the first § but also because these very articles concerning the spiritualitie especiallie that first article where the Marques would needes referre vs vnto the king for the repealing of the penall lawes c which the king alreadie granted vs were exempted out of his Commission by the Commission granted vnto Glamorgan soe as that maxime mandatum secundum derogat primo si in secundo fiat mentio de primo must passe currant Cap. graue de officio Iud ordinarij 31. To the same effect but with more energie is that other maxime or interpretation admitted by schoolemen and Canonists mandatum speciale derogat generali etiam si eius ni hil meminerit a speciall Commission such as Glamorgans was doth derogat to the generall though therein there were noe mention made of the generall If we looke for other arguments to auoid this assumed pouuer of the Marques of Ormond the Canons will afford vs many this alone may suffice for the present mandatum finitur sirem demandatam quis alius idonee gesserit a Commission is ended if any other hath conuenientlie accomplished the thing giuen in Commission to be don v. g. if a man giue a procuratorie or letter of Atturny to any to purchase a peece of ground if any other or he himselfe who gaue the procuratorie shall purchase the same peece of ground before the Atturny cessat mandati actio saith the law soe in our case if the king or Glamorgan for the king hath conuenientlie and agreeable to the kings Commands accomplished that very command which before was committed to Ormond but by him sleighted then hoc ipso is Ormonds Commission expired neither ought or could our Councell or Committee haue recourse To Ormond to treate or conclude those things which were allreddie concluded by the kings speciall Commissioner vnlesse it were to confirme in the kings behalfe what alreadie was concluded by the same CoÌ„missioners and to cause those articles granted by Glamorgan to be coÌ„firmed by act of parliament as well as any other articles or concessions granted for the temporalitie that were agreed vpon with the Marques of Ormond 32. It was agreed vpon by the Earle of Glamorgan for and in the behalfe of his Maiestie his heires and successours that the Marques of Ormond or any other authorized or to be authorized by his Maiestie should notdisturbe the Catholikes in theire present possession or continuance of the possession of theire Churches iurisdiction c for assurance wherof the Earle engaged his Maiesties royall word and publike faith and his Majestie himselfe in GlamorgaÌ„s patent in the word of a king and a Christian promised to ratifie and performe whatsoeuer the Earle granted vnto the Confederat Catholikes and least his promise royall should be frustrated his Maiestie communicated by speciall letters the Commission giuen Glamorgan and his resolution in this particular to the Marques But alas all was in vaine soe farre were these seeming Royalests and reall Parliamentaries of Dublin engaged with or at least awâ—d by the Parliament of England as they neuer yet yeelded to any thing or complied with the kings CommaÌ„ds in any thing that they thought would be offensiue to the Parliament in so much as that chiefe Gouernour who of all others should aduance this opportune seruice in the kings spressing necessitie was the onely man that hindred the same Now after the word of a king and a Christian soe solemnely and gratiously engaged vnto the CoÌ„federat Catholikes but blasted by the Marques of Ormond a noble Catholike Peere of this realme the Marques ClaÌ„richard is brought in by the Marques of Ormonds proctors to imbarke him selfe in a busines Wherein he was neuer authorized by his majestie nor inuited by the Catholike Confederats and he vndertakes to giue vs nothing but to procure vs some thing and that less than the king himselfe by publicke coÌ„tract hath actuallie graÌ„ted vnto vs. Truly I am persuaded the Catholike CoÌ„federats will not be soe amused as to reiect the word of theire soueraigne and to accept of the word of theire fellow subiect who is less able to procure a performance of what he promiseth than the Catholicke Confederats themselues are To plant that heresie in England in the dayes of Elizabeth who now hath bathed these three Ilands in theire owne blood such art was vsed hereticks assumed Catholikes as instrumeÌ„ts to compasse theire designes where indeed they preuailed but the fatall end of such Catholikes and the vtter extinction of theire noble posteritie doth manifest to present and future ages how odjous theire enterprise was to God and his Angels Caput aspidum sugent occidet eos lingua viperae If the Marques of OrmoÌ„d fo und out a way as he thinks to crosse vs of the kings owne graces and Concessions who may doubt he will find out a way to crosse Clanrichards engagment we do not meane to looke for those graces and priuiledges by petitioÌ„ or sollicitation of others which are allredie granted vs by publicke Contract maugre all emulous subiects the Catholike Confederats shall haue the full benefitt of Glamorgans articles together with the fruit of theire possessions and victories since then acquired neither will they be deluded by any vnualid vniust and dishonourable peace which any Puritan statists would by factioÌ„s enforce vpon them §. 8. The invaliditie of the rejected peace proved out of the insufficiency of the Commission given the Committee of Treaty 33. HItherto wee have shewed the invaliditie of the rejected peace on thâ— part of the Marques of Ormond and his Commission now wee are to shew the invaliditie of the same peace on the part of our Committee and their commission wherein being matter of fact many acts of assembly orders of the Councell protestations of the Clergie c. must be alleged and produced What I could light on I will with integritie cite what I could not light on and may make for these noble Persons that concluded or concurred to the conclusion of that peace I must leave to their citation when they please to impugne this Survey or any part thereof Among the acts of the first Supreme Councell I finde a commission made by that councell 5. April 1645. unto thirteene persons namely Mountgaret Muskerie Dubliniensis Antrym Alexander mac Donell
of the word untill that she had a child after her death Vntill heaven and earth passe one jot or one tittle shall not passe of the law It followes not that after heaven and earth passe that then the law shall passe He had beene an Helvidian hereticke who against our blessed Ladies perpetuall and unspotted virginity would inferre out of this passage of the Scripture Ioseph did not know our Lady untill she brought forth her first hegotten child Ergo he knew her after More you may reade in the Scriptures Faâ—hers and Schoolemen It is knowne what sinister practises the corrupt part of that councell and committees used in this matter when they pleased to say a peace was concluded with Ormond to hinder any other peace it was and must have been so when they pleased to say there was no peace concluded with Ormond for their owne advantage it was so and their faction grew so strong and their Art so industâ—ious as in our later assemblies they seemed to rule and governe faith and religion kingdome and people as they pleased That would I once see well discussed how and by what commission the committee of Treaty signed and sealed the rejected peace before the Kalends of May contrary to their owne promise and the promise made by the whole kingdome to the Nuncius By what commission or authority did the late councell and committees immediatly after the signing â—nd sealing of thâ—t rejected peace betray the country in sending over Dâ—gby into Frunce there to make a faction and by the power of the Armes of France to force that unsafe peace upon the confederate catholickes of Ireland upon sending him over to racke this kingdome by taking up by force 1200. or 1500. pounds in money from the catholickes to furnish a knowne adversaâ—y to Religion and country in that voyage and to disappoint the kingdome of the best Shipping they had by trusting the same unto him 27. It hath beene observed that the late Supreme councell and committee of Instructions have exhausted this distressed Nation in succouring relieving maintayning and supplying with monyes the two greatest adversaries to Religion and countreâ— that ever Ireland saw have evermore substracted all meanes sustenance from the two great Noble Catholicke subjects Antrim and Glamorgan who have been chiefly intrusted by King and countroy to bring these unhappy disorders to a happy attonment By publicke Assembly Antrim was allowed to carry into Scotland a certaine number of men for the Kings service to defray that charge a considerable summe was granted unto him by the catholicke confederats Our late councell by influences as is said from Dublin cross'd all that designe and had stop'd the Marquesse of Antrim himselfe had he not timely slip'd anker and got him away Can there nothing bee done for Religion King or countrey but by the adversaries of Religion King and countrey Ah let never any inordinat affection towards any privat subject diminish in any their zeale to Religion loyalty to soveraigne love to their owne native countrey Mr. Brent the Lawyer standing neere the crosse of Kilkenny seing proper Irish gentlemen walke in the streets was heard to pronounce these words or words to that effect were it not pitty that these proper gentlemen were forced to employ their armes against and kill one another which undoubtedly they will doe if they accept not of what peace the Marquesse of Ormond will prescribe unto them The very like words he was heard to iterate in Dublin Doctor Meara wrote from England to Dublin to a friend in Dublin words to this effect Here with the King all things concerning Ireland are squared according the rule prescribed by your great one there his will is that the dismembred Parliament there in Dublin continue and prayed the King to turne the Irish over unto him and be would draw them to what conditions he pleased Others say the same great one protested That he would spill the least drop of bloud that runne in his veines before he would suffer the least lustre of the Protestant Church to be diminished Whether he meant the Church which the Kings Majesty cals protestant Church or that Synagogue which the parliament in these later dayes hath baptized protestant Church I leave to the interpretation of his owne ghostly father in Dublin See the Marquesse his Treaty with the Parliament Commissioners pag. 21. 28. When the Councell and committee promised under their hand unto the Nuncius that they would conclude no peace but what would be to his liking they limitted no time untill May or Mid-somer neither did the Nuncius or Congregation in their severall protestations made against any peace to be so concluded with the Marques of Ormond limit any such time It is therefore certaine that neither Nuncius nor Clergie did ever consent that such a peace should be concluded after May. Yet if wee did suppose a falshood that they consented a peace should be concluded after May with the Marques it followeth not that they consented such a peace should be concluded which is knowne not to be the same with that which then in the moneth of February August was in agitation and publickely reade in the assembly as we have observed in the first part chiefely on the first article Nay if we may give credit unto some of integritie who were of the Committee of Instructions those very articles which were read among themselves privately were notably changed unawares of the said committee Matters were carried with such secrecie as they were not communicated unto any disinteressed person of Councell or Committee for qui male agit edit lucem Againe though we did suppose that not only the Nuncius and Clergie but also the whole kingdome should once consent yea authorize the committee of Treaty to goe forward in the peace with the Marques which once was read in Assembly being then assured of the full benefit of Glamorgans peace and in expectation of the Popes peace doth it therefore follow that when this assurance of Glamorgans peace was taken away and our expectation of the Popes peâ—ce frustrated the same consent of Nuncius Clergie and Kingdome together with the mandat given to the Committee of Treaty must still remaine especially when that very peace they concluded with Ormond put an obstacle not onely to the benefit of Glamorgans peace but also to all other peaces the law tells us that in this case the mandat or commission given is extinguished extinguitur euim mandatum mutatione status in deterius consensus autem conditionatus sublata conditione tollitur 29. Out of all which the Reader may resolve that objection which the Councell and Committees commonly object against the Clergie as if the Clergie themselves did agree and consent in all points unto this peace for say they the Archbishop of Tuam in open assembly admonished us not to trouble our selves about the affaires of Religion Church for saith the
they knew in theire owne soules the king will neuer be able whilst he remaine in his present wofull Condition to grant vs what alreadie he hath commanded to grant vs let nothing be referred to vncertainties but obtaine an actuall execution of these Commands and graces which the king hath alreadie granted vs and which is due vnto vs by our birth right saith the kingdome and that is not don how seuerly the ancient Iurists or Canonists haue censured such kind of Commissioners who vel ex culpa leuissima doe thus neglect or sleight the execution of the Commands giuen and what punishment are to be inflicted on them are expressed in the Canons and schoolemen wherunto we referre the learned Readers 26. Obserue I beseech yow the motiues that induced his Majestie to command the repeale of the penall lawes and suspension of Poynings act the preseruing of his protestant subiects and the kingdome of Ireland from the Scots to encourage his Irish subiects to assist him against the English and Scotish Rebels to represse the rebellion in England and to aduance the kings seruice in Scotland by our friends there The kings Commissioner and ours haue gon the cleere contrarie way to worke and as by Preposterous accelarating this peace they haue giuen a maine impediment to the prosecution of our victories in Vlster and Connaught soe haue they by theire compliance with one an other hindred the succours which the kingdome commanded to be sent for his Majestie by Antrim into Scotland and by Glamorgan into England Note I pray yow the words of the letter of the 27. of februarie for theire the Irish satisfaction I doe therfore command yow to conclude a peace with the Irish what euer it cost A generall command yow see this is which hath noé other modification or restriction than soe as my protestant subiects there may be seoured and my regall authoritie preserued the later part the Irish haue sworne to doe in theire oath of association oath of fidelitie and in theire seuerall protestations and declarations wherunto the doctrine of the Catholike religion which in opposition to all sects maintaineth monarchie and regall authoritie addeth a further obligation The former to witt the securitie of his Maiesties Protestant subiects the Catholike Consederats haue assured in theire seuerall declarations and are readie to giue such further assurance as the law of God and charitie can oblige them to giue in that case adding further that they shal be more secure and safe among the Consederat Catholikes than among the Parliamentarie Rownd-heads who haue spilt most vnnaturallie and barbarously more Protestants blood in England and that causleslie than ouer the Catholikes since these warres haue in theire owne defence spilt in Ireland The Protestants themselues may reade carefullie the Treatie or conference latelie past in Dublin betweene his Excellencie the Marques of Ormond and the fiue Commissioners of the Parliament and glasse theire owne miserie By Protestants we vnderstand such as professe the protestant doctrine established in England an 1562. and comprized in the 39. articles and not any new Parliamentarie Protestants who as they haue demolished the ecclesiasticall hierarchie maintained in the said articles soe haue they as much as in them lay monarchicall gouernment such a brood of vipers which deuoureth both Church and state king and Prelat may not be licenced to cohabit with the Confederat Catholikes Qui enim dicit illis ave Communicat operibus eorum malignis 27. Obserue further that according the forsaid letter the authoritie to coÌ„clude a peace is entirely in the Marques yet hath hiâ— Excellencie euermore assumed to his assistance and ioynd in a manner in the same authoritie with him those of the priuie Councell in Dublin who for the most part of them are knowne to haue either adheared to the Parliament or to haue beene impeached of high-treason by the kingdome they fearing theire heads would neuer suffer or aduise the Marques to condescend vnto a good peace And if my author who liued in Dublin and was an eye-witnes of what he related vnto me may be belieued those very porsons who were knowne to adhere to the Parliament euen those foure who for that cause were once commiâ—ted to the Castle by the Marques haue had in the Ins there priuat Conuenticles together with the lord Chancellour lord lowther and Maurice Eustace who I meane the three last after theire priuat consultation there would repaire to the priuie Councell in the Castle where theire aduise as learned in the lawes was followed in promoueing this Peace and theire aduise was instilled according the infusions receiued in the Parliamentarie priuat Conuenticles soe this inference may seeme more than probable whatsoeuer was don in promouing and concluding this peace was not done according the direction and Commands of his Majestie but according the advise and and Councell of Parliamentarie Rebels The effects proue the veritie of this inference 28. To conclude the king holds it not a hard bargaine to grant vs the repeale of the penall lawes and the suspension of Poynings act soe we freely and vigorouslie engage our selues to his assistance noe other condition of secureing his protestant subiects or preseruing his regall authoritie doth herequire of vs for conferring on vs those two graces which I wish those Gentlemen did take notice of who when they were questioned by the Congregation wherfore they laboured not to obtaine the benefitt of the graces by this letter conferred on vs and to cause the fame to be inserted in the articles of peace excused the Marques of Ormond or rather themselues saying that there were other conditions added in the letter which yow see is not consonant to truth for soe much as concernes these parricular graces other more ample graces might be also granted by the Marques vnto vs if we secured the Protestants and preserued regall authoritie for on those more ample conditions the king commanded him to make a peace with the Irish whateuer it cost and aggrauateth the matter more earnestlie in the conclusion of his letter affirming that to gaine our assistance against the Rebels of England and Stolland no conditions can be hard not being against conscience and honour wherein euermore he supposeth the repeale of the penall lawes and suspension of Poynings act to be neither against conscience or honour or against the securitie of his Protestant subiects nay we shall els where demonstrat it that our kings of England are tyed by the ligatures of promise royall past by thire royall progenitors and solemne oath taken at theire Coronation at least indirectlie to repeale the said penall lawes in asmuch as they haue beene surreptitiously enacted in these later dayes of defection against that Catholike faith which our king by the said promise and oath haue beene obliged to defend and maintaine I must not here passe by that the king commaÌ„ds the repeale or present taking away of the penall lawes without any lymitation or exception the Marques of
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