he may neyther joyne with the Scots now overthrowne and that he is in such want of monies as hee hath beene forced to beg three thousand pounds from your Honours these later moneths to make up souldiers for from England there is no danger that any succours shall come unto him this Summer Give me leave right Hhonourable to speake freely to you this favour miracle of heaven requires from you some compensation or thankesgiving this can never better be payd by you than by laying aside all feare and by increasing your confidence in the divine ayde 18. He goeth on egregiously shewing there was no necessity on our part nor any power or authority on the Marquesle his part to make a peace that more prejudice would arise by such a peace than by warre as first the dishonour which thereby might redowne to the Nuncius Secondly the dishonour unto the whole Nation among Christian Princes abroad Thirdly the distaste of the See Apostolicke that the worst of all peaces should be preferred before his which was the best of all Fourthly that it was as good to make no peace at all for the Church as to trust Glamorgans peace being now recalled by his Majesty by Glamorgan himselfe abandoned and the condition no way performed Fiftyl the ruin of the Catholicke Faith by raysing unto the chiefe government a Protestant Lieutenant Sixtly the danger of resuming Armies when the enemy is put in the height of authority and power Seventhly the assurance of no reconciliation with the Pope if the peace were concluded Eightly the exile of the Nuncius Ninthly the just feare of loosing whatsoever the Confederate Catholickes have gayned 19. He fore warnes them of their dishonour among Catholicke Princes to whom he must publickely notifie his dissent from that peace and adviseth them by no meanes to goe forward in the peace if there were any difficulty that a Generall assembly should be called upon to determine the same the least mischiefe should fall on their owne heads alone and least they might be thought to have examined lightly and contemptibly the Popes reasons Thus farre the Apostolicke Legat where you are to observe that after this answer was made by the Lord Nuncius and before the peace was legally concluded Bunratty and Roscoman were gayned by the Catholick Confederats and Prestons Trophyes erected by purging all Connaght Sligo onely excepted of the Scots whereof more numb 32. §. 15. The Authors observations on the Councell and Committees Letter above mentioned §. 12. and their reasons to conclude this peace resuted 20. THe Author observes in the first place that the Councell and Committee acknowledge the receipt of the Nuncius and Clergies protestation against any peace to be made with the Marquesse of Ormond together with the Lord Nuncius his letter to the same effect In which the Nuncius declares the cause of his opposition to such a peace namely untill first the splendor of the Catholicke Religion be â—stablished and with the articles published For this cause chiefly the Catholicke Confederats tooke up armes as appeareth by their severall Declarations Remonstrances to his Majesty solemne Oath of Associaâ—ion Modell of government and severall acts established and published in both the Assemblies held in Midsummer 1645. and February 1645. The same is confessed by the Councell and Committee in this very answer sent by them to the Nuncius Templa aedes sacrae altaria aur haereticorum polluta insâ—rviebant vesaniae aut solo aequaeâ—a jacuerunt penes Protestantes c. pro aris focis Regis sui indubitato jure bel lum inerâ—es moverunt See as yet more amply in their owne Declaration and other evidences hereafter to be produced upon these grounds and upon the promise made by the same Councell under their owne hands and delivered to Master Spinola that they would never make any peace but what the Lord Nuncius would consent unto whereof mention is made in the Lord Nuncio his protestation above and hereafter shall be made more susely the Lord Nuncius and with him the clergy confidently avouched he would never consent unto any peace untill first the splendor of the Catholicke Religion were established and with the articles published With the Lord Nuncius and Clergy agree the soundest and all the disinteressed part of Councell and Committees whom those others who concluded this pacification or peace in expectancy terme the ill affected of the Councell c. and with these also conspire the whole kingdome in then severall protestations and acts published in the Assembly held in Midsommer 1645. namely 2. 4. 9. 11. 13. Iunij 1645. and 14. 18. 21. 28. of August and in the assembly held in February 1645. namely 5. 7. 9. 10. 12. 19. c. The two powerfull Armies such as never yet were seene in Ireland raysed and gathered together on a sudden even then when the late Councell had exhausted Pope Clergy and kingdome to defend the publicke cause doth confirme the generall dissent of the Confederat Catholickes from that illegall unsafe and unsecure peace which defence had proved the most fortunat to Religion King and Countrey that ever Ireland saw had not faction and sedition preverted the happy successe thereof But Expecta Dominum viriliter age confertetur cor tuum By all which it appeares how far they erred who in their foresaid answer to the Nuncius affirmed that the chiefe Cities Counties and Commanders were glad to embrace ANY PEACE c. Experience hath taught theÌ„ ere now the contrary notwithstanding the multitude of conspiracies wrought to seduce such Cities and Commanders 21. To prove the revocation of the Committees commission by the said protestation wee say that as the body politicke of this Kingdome is composed of two parts the spirituall and the temporall so ought not the temporall part alone aslume such authoritie to it selfe as to conclude a peace for the whole body even then when the spirituall part positively resisted That the temporall part should dispose of the lives livelyhood liberties and estates of the spirituall part at their owne pleasure without their consent was a sacrilege practised in the apostaticall dayes of Henry the eight yet did he still preserve the Catholique faith and established severall acts of Parliament for securing thereof onely hee erred in the point of Supremacy In our dayes the one and the other is taken from us a few secular men not only dispose of the lives livelyhood liberties and estates of the Church but also distroy Faith and Religion by giving the same over unto the Tutelship of the sworne Enemies of Faith and Religion and as if they were emulous of the prosperitie of holy Church have renounced those great graces which our Soveraigne conferred on us for the conservation and free exercise of our Religion and accepted of his subject whom they know to have at least indirectly vowed the ruin of Religion abject pernicious conditions destructive to Religion Nothing now is wanting but that they imitate
the monstrous Parliament in England who after taking away Church and Church-livings Faith and Religion have at length discarded the Prelats and chiefe Pastors of Faith and Religion but as that body is monstrous without a head so is it imperfect without the chiefe members thereof nam corpus non est unum membrum sed multa c quod si essent omnia unum membrum ubi corpus The eye cannot say to the hand I nee de not thy helpe nor the head to the feete yee are not necessary for me The error had been more grosse if the temporall or materiall part of either naturall or politicke body did say to the spirituall part I have no need of thee you are not necesary for me If the body did say unto the soule or the Lay man to his spirituall Pastor I have no need of thee Wee have had onely one Church man the right Reverend the Archbishop of Dublin among those 13. persons who were selected for the committee of Treatie but they made use of this Prelate in the Treaty as accomptants doe cyphers in numbers If the Clergie attempted to conclude a peace for temporall matters without consent of the seculars what thinke you would not the seculars be justly ossended with the Clergie and reject such a peace How much more reason hath the Clergie to be offended with those few seculars that attempted and that without commission to conclude a peace in matters of Faith and religion of Church and Church-livings of sacrifices and Sacraments without their consent The principall end of our warre being to repaire propagate the Catholique faith and to vindicate the injuries done unto the Professors of the same who ought rather to approve authorize or prosecute the same than the prime Prelates of faith and religion yee ought to know saith Pope Leo the fourth Supreme Pastor of holy Church that wee never permit our people to be oppressed by any but if any necessitie occurre we dâ—fend them without delay because we ought in all things to be defender of our flâ—cke and â—hiefe assistants for Bishops ought not onely to be keepers of Papers but also defenders of Churches Wherefore the same Pope wriâ—ing to the French army exhorts them having layd aside all feare to endeavour manfully to set upon the Enemies of holy faith and the adversaries of all Religions for the Omnipotent knowes if every one of you should happen to dye that ye dye for the 〈◊〉 of faith and saving of your Countrey and defence of Christians and therefore yee shall receive from him a â—elestiall reward 22. Much more might be alleaged aswell out of the said Pope as out of others whose steps have been traced by the late Pope Viban the eight and the now Pope Innocent the tenth in their severall Apostolicall Missives addressed unto the confederate Catholiques authorizing their holy warre and exhoâ—ting them to the prosecution thereof which because the same is elsewhere treated of I omit in the present Survey I will onely here summatily lay downe what in other Canons touching the Ecclesiasticall power to make warre are more amply to be found In the pâ—wer granted to Saint Peter and his successors there are two swords a spirituall and a temporall c. he that denyes the temporall sword to be in the pâ—wer of Peter understands not rightly the word of our Lord saying put up thy sword into thy sheath Matth. 26. Both then to wit the spirituall and materiall sword are in the power of the Church but this indeed to be imployed for the Church that by the Church That by the hand of the Priest this by the hands of Kings and Souldiers but at the command of the Priest But one sword must be under the other and the temporall authoritie must be subject to the spirituall power By the Popes Edict warre is made not onely against heretickes the enemies of faith other Rebells but also when his knowne subjects the Catholicks are oppressed Hee may lawfully proclaime warre not onely against Infidells but grant tithe also for so pious an act seeing that such a warre tendeth to the defence and ampliation of faith and to the recoverie of the lands whereof they have been robbed and wherein Christ was worshipped as also because by this warre the common profit aswell of the Clergie as of the laytie and Churches is procured 23. This much I have expressed for the information of out seculars to the end they may take notice that as a warre for the reparation and propagation of the Catholique faith is authorized by holy Church so a peace concerning the same faith ought to be established and concluded by the same Church and not by any private Lay men whereof some peradventure have possessed themselves of our Church-livings by the oppression of Henry the eight who therefore cannot but be partiall Iudges in their owne cause howbeit traepidaverunt timore ubi non erat timor the Clergie of Ireland preferring the publicke good before their own private interest are â—eady to renounce their interest to such Church-livings according the dispensation relaxation made or to be made by the See Apostolique and according the unanimous resolution of the kingdome assembled together The punishment inflicted by God on Vzias Ieroboam and other seculars for intermedling with spirituall affaires invitis Sacerdotibus may be a sufficient caveat for others to decline such negociation Neither ought they thinke it strange that Church-men should interpose themselves in martiall affaires especially when the same concernes Faith and Religion herein they have as paterns to imitate the Prince and high-Priest Mathathias and his posteritie the noble Machabeans Iudas Machabeus Ionathas Simon Iohn Onias c. who in defence of holy Church and their Countrey liberties defeated Apollonius Seron Lysias Ptoâ—omeus Nicanor and Gorgias chiefe commanders for King Antiochus his sonne More for the present I omit for indeed this matter deserves a speciall treatiâ—e Our conclusion upon this first observation is that the committee of Treaties commission if it were ought worth was sufficiently recalled before the conclusion of any peace by the chiefe members of the body politicke of this Kingdome to wit the clergie who are the spirituall members thereof and with all by the authoritie of the See Apostolique to whom it belongs to make peace or war in like case Especially when the secular Prince is not able to redresse the subjects grievance See n. 46. c. 24. In the second place I observe our late Councell and Committees have violated the publicke faith and promise made by them to the Nuncius Apostolique assuring him they would never conclude any peace but that whereunto he would condescend upon which conditions he came into Ireland and they accordingly accepted of him Hereof the Nuncius challenged them in the above protestation but their silence in not answering thereunto argues their tacit confession of breach of promise I doe not know what conscience men may frame
THE SECOND PART OF THE SVRVEY OF THE ARTICLES OF THE LATE REIECTED PEACE WHERIN THE INVALIDITIE AND NVLLITIE OF THE SAID PEACE IS PROVED 1. By the revocation of the Marques of Ormonds Commission before any Peace was legally concluded c. 2. By the defect of sufficient Commission or authoritie on the part of our Committee of the Treaty 3. By the revocation thereof by the Protestation of the principall part of the Body Politique of the Kingdome and other Inhibitions 4. By exceeding their Commission 5. By deviating from the rules established by assembly by which they ought to regulat themselves namely from the Oath of Association Modell of government Acts of Assembly Grievances Declarations and Propositions made by the Kingdome to His Majestie c. 6. By rejecting the Kings favours and graces 7. By their surreptitious and clancular concluding of a Peace contrary to their promise made unto the Lord Nuncius 8. By the Kingdoms non acceptance thereof 9. By theire violation of the publike faith of the kingdome past by Solemme Contract vnto the L. Nuncio 19 February 1645. Whence the Iustice of the Clergies Decree of Perjurie and excommunication against the Adherents to so impious and invalid a Peace is evidently deduced By Walt. Enos Dublinian Priest D. of Divinitie treasurer of Ferns Viri faederis tui illuserunt tibi inualuerunt aduersum te viri pacis tuae Abdiac 1. Printed at Kilkenny by permission of Superiors and approbation of Schoolemen in the yeare 1646. MANDATVM ILLVSTRISSIMI NVNCII ET CONGREGATIONIS ECCLESIASTICI VTRIVS QVE CLERI REGNI HIBERNIAE NOs Ioannes Baptista Rinuccini archiepiscopus Princeps Firmanus apud Hibernos Confoederatos Nuncius apostolicus extraordinarius necnon uenerabilis Congregatio utrius que Cleri Regni Hiberniae uobis RR. PP quorum nomina inferius Scripta sunt cuilibet uestrum facultatem facimus per praesentes pariter mandamus ut post diligentem perlectionem secundae partis libelli cui titulus est a sur vey of the articles of the late reiected peace ab eximio Domino Magistro Gualtero Enos S. T. Doctore de mandato nostro compositi censuram uestram calculum pro qualitate vtilitate operis eidem apponatis adeoque confirmetis corroboretis ut qui ante Autoris argumenta de iniquitate reiectae pacis in primâ parte proposita comprobastis modò eiusdem argumenta in hac secundâ parte de inualiditate dictae pacis proposita uicissim comprobetis ut uel inde iustitia nostrorum decretorum contra Authores eiusdem pacis orbi terrarum innotesceat Datum Kil Kenniae 18. Ianuary 1646. Ioannes Baptista Archiepiscopus Firmanus Nuncius Apostolicus THe touchstone of disouering an act to be invalid is the law the Author sincerly conferrs the treaty of peace with the Maximes of law and finds the same lawlesse consequentlie inualid and not obliging This survey ingenuouslie traced ouer the iniquitie of the peace and plainly proues the inualiditie his worke is learned meritorious and intended for our good according lie I approue it FR. PATRICKE PLVNKET Abbot of St. Maries Abey of Dublin diffinitor late president generall of the Congregation of St. Malachias and St. Bernard in Ireland THis Second parte of Doctor Enos his suruey c. diserues no less credit and acceptance then was attributed to the first parte by the not praeiudicating opinion of Tho. Roth. Deane and Vicar Generall of Ossory I Am of the same opinion NICOLAVS TAYLOR Sactae Theol. Doct. Protonâ—tar Apostolicus Rector Eccl de Swords HAuing perused this second part of the Survey of the late reiected peace I thinke it to be noe lesse worthy of publique view then the first it beinge a plaine discouerie of the inualiditie thereof It needes therefore noe other shew to purchase a publique welcome then the name of its lerned author walter Enos Doctor of diuinitie Ita censeo IOANNES SHEE THEOL Praeb de Main Vicarius Sancti Ioannis Evangelistae IN obedience to the forsaid mandat we haue with diligence reade and perused this second part of the forsaid Suruey wherin we finde nothing dissonat to faith or good manners but very many things conduceing to the honour and saftie of faith and Religion wherefore as in the first part we approued the Authors arguments proueing the iniquitie of the late reiected peace so we approue his arguments produced in his second part to proue the inualiditie of the same peace and accordinglie we censure it no lesse worthy than necessarie to be exposed to publike view Dated at Kilkenny the 27. th of Ianuary 1646. Fr. Hugh Duigin Suprior of the Frs Preachers of Kilkeny Fr. Faelix Connor S. T. Professor Fr. Iohn O Hairt S. T. Professor EX Commissione Supradictâ accuratè Legimus hanc secundam partâ—m in qua nihil orthodoxa fidei dissonum reperitur quin potius pro ea acertimè certat Hoc opere suo solito more author animo calamoque poteâ—s delirescentem alto puteo veritatem extrahit eaque in sua basi expositâ opposita Commenta vsurpato limine deturbat Sic censemus in hoc Coonobio Sancti Francisci Kilkeniae Kalendis February 1646 Fr. Antonius MacGeogheganus Exprouincialis Hyberniae Et Guardianus KilKenniensis Fr. Paulus King S. T. Lector VVE doe finde that the learned and zealous author accordinge to his groundes and principles doth well shew and proue the inualiditie of the peace he treates of William Saint Leger Iohn Mac Egan To the right honourable the Lords Knights Cittizens and Burgesses of the Confederat Catholikes of the Kingdome of Ireland assembled together at Kilkenny REnowned Catholikes A peace contained in 30. Articles made ad published at Dublin 29 Iulij 1646 being put vnder the consideration of the Venerable Congregation of the Clergie at Waterford in August last was found vnsafe for Religion contrie and the liues and liberties of the Confederat Catholickes the fortes and gouernment of this Kingdome being by that peace to come vnder an other power and that of an aduerse Religion Some cri'd vp this peace as a blessing from God and the period of fire warre and desolation and though it was reputed a blessing yet was an army a preparing to enforce it vpon vs others who look'd neerer vnto it said it would proue fatall to Ireland and Religion and vnexpectedlie a great army as it were of meÌ„ risen out of the Earth came from the North to oppose it While the Souldier had sword in hand to proscribe this rotten peace my Superiours put a pen in my hand by way of suruey to lay open to the world the iniquitie and inualiditie thereof The first part of this Suruey containing the iniquitie I dedicated to the right Reuerend Prelats and Congregation the second part speaking the inualiditie of it I addresse with all humilitie and candor to the power and great wisedome of this assemblie I will say with S. Paul ueninon in sublimitate sermonis aut
pax Ierem. 6. 14. See 1. part art 15. c. And p. 2. § 2. See hereafter numb 35. The danger of the kingdome aggravated by the foresaid Councels Letter unto the Nuncius taken away before they concluded any peace 33. IN that Letter you have heard the Councell and Committee aggravat vehemently the dangerous state and condition wherein then 1. Iunij 1646. the kingdome was and to avoyde this danger they would needs make any peà ce upon what conditions soever This was the chiefe pretence they had to make this unhappy peace Now marke the just judgement of God discovering the corruption of this pretence before ever they concluded this peace this dangerous state and condition wherein the kingdome then stood was quite taken away by the wonderfull hand of God insomuch as Ireland was never in a better posture or condition than it was when they concluded this peace Marke it well I pray you the peace was never concluded untill the 29 of Iuly 1646. neyther were they by vertue of any anteriour contract bound then to conclude that contract as above I have proved but they remayned still in their full liberty till the foresaid 29. day of Iuly to conclude or not conclude a peace Before that 29. day of Iuly namely the sift day of Iune the glorious victory against the Scots in Vister was obtayned by the Confederate Catholickes under the conduct of the renowned Commander Eugenius O Neyle and by that meanes the dangerous state and condition of that part of the kingdome quite taken away On the 7. of Iuly which was 22. dayes before the peace with Ormond was concluded the noble and vigilant Commander Preston after deleating all the power strength of the Scots-horse which was upwards of 600. reduced to the obedience of the Confederate catholickes for his Majesties ufe Roscoman Abbey of Boyle c. and immediatly freed all that Province of Connaght Slygo onely excepted from the infesture of the rebellious Scot and had cleerely chased them out of Slygo also had not this wret ched peace given interruption to his fortunat endevours Sâ— as the dangerbus condition wherein that Province was likewise taken away before the foresaid 29. of Iuly On the 13. of Iuly which was 16. dayâ—s before the foresaid peace was concluded Bunratty was taken in the enemies chased out of that part of the Province of Mâ—unster so as the greatest danger which might be there feared was also taken away Et persecuti sunt filios superbiae prosperatum est opus in mambâ—â— eoruâ— This expedition was done by the army commanded by the Lord Viscount Muskry seconded by the auspicious accesse of the most Illustrious Iohn Baptist Archbishop Prince of Firmo Nuncius Apostolicke by whose largesses the foresaid armies of Vlster and Connaght were maintayned 34. Compare these with the Lord Nuncius his answer judicious Reader and judge whether our intrusted councell and committees have proceeded bona side in concluding this unwarrantable peace whether they have with that integritie which is sutable to the qualitie of such noble Catholiques discharged the trust imposed in them by the whole Kingdome in the weightiest affaires that ever concerned a Nation After that the God of Hosts had prodigiously rescued Ireland from those dangers and calamities which were imminent after that those great clouds which were feared to burst into a terrible storme had beene in a moment dissipated after the revocation of the Marques of Ormonds commission and of the commission given unto our committee of treatie after so many advertisments given unto them by the Nuncius and Clergie not to conclude any peace after so many exclamations of the Catholique confederates at home and of Christian Princes and Prelats abroad against the oblique proceedings of our intrusted partie and after the opposition made by the soundest part of the councell and committee It pleased the rest of them notwithstanding all this to conclude without power or commission this fatall peace whereby they have stopped our happy progresse in further victories and given occasion of the greatest division that ever yet hath been in Ireland Whereas if they were pleased to abstaine from concluding this fantasticall peace with our Enemie in one part of the Kingdome we had ere now had a true peace with all our enemie in all parts of the kingdome for indeed by Gods blessiâ—g we had either chased them out of the kingdome or we had forced them to such conditions as would secure Religion King and Countrey So as in very deed the making of this peace hath made a warre and no peace increased our daâ—gâ—rs necessities weakenesse and calamities but tooke noâ—e away Deceperunt populum meum dicentes pax non est pax Ezech 13 10. 34. It s remarkable how in then foresaid answer they aggravate only the present state condition of the kingdome in the temporallitie as if they weigheâ—â— not the staie and condition of the kingdom in the spirituallitie which was the point the Nuncius urged and the whole kingdome in their severall declaâ—aâ—ions resolved to rectifie They â—ffiâ—me that obedience due to his Majestre enforced them to any peace with what Divines did they consult to informe them how farre the subjects obedience to his Prince did extend Is it not knowne the divines that saâ—e in the same councell with them were against them can not wee render due obedience to our King without disâ—bâ—ying our God they ought to remâ—mber that lesson of the Aposties Oportet obedire Deo magis quam hominibus How shall we give to God what is due to God if we give all to Cefar and leave nothing for God But this was a worke of supererogation of theirs the Kings Majestie looked for no such blind obedience from them He gave them the repeaâ—e of the penall lawes they rejected them he gave them by publicke contract their Churches Church-livings jurisdiction and free exercise of Religion they contemned them Yet if they would needs appeare such obedient subjects why did they disobey the Kings letâ—er of the eleventh of Iune commanding no peace should be made with them I wish it appeare not their obedience was to the subject and disobedience to the Prince The Lord Nuncius in his Letters exhorteth them to fidelitie to their Prince and yet diswadeth them to mâ—ke any peace with the Marques protesting that all the damage that should befall the King and this kingdome by concluding that unjust peace should be imputed to them as to men who abuse their private affection and lucre to the destruction of the Common-wealth So as in the Lord Nuncius his opinion by whom our councell and committee should be directed if they stood to the principles of Catholique doctrine and their owne covenant with him its disobedience to the King to obey Ormond and to disobey him is obedience to the King 35. But the councell and committee in their foresaid letter to the Nuncius say they will ratify
Glamorgans peace and yet they blash not to tell the Nuncius that they will not publish it Vae duplici corde they contracted with Ormond to publish his peace without Glamorgans and contracted the contrary with the Lord Nuncius A man of quality writes thus concerning renowned Prestons expedition in Connaught after Râ—scoman was yeeded wee were constrained to loiter for fifteen dayes without moneyes to pursue our victories the enemie at Sligo being frighted sent away all their goods and happy was he that could get into the North Severall letters were in the meane time written to our campe that the Councell detained our moneyes by devises fearing our victories should increase and thereby their peace with Ormond should vanish But wee getting one weeks meanes marched to Boyle and in our March cleered that wentie miles together with Drumrush and Camboe and within three dayes tooke in Boyle and Castle-Conor in the Countie of Sligo and notwithstanding all our Messengers to the Councell not one penny did they send us which if they had in time besides cleering of Connaught wee had advanced to the North to the Lagan whose strongest and best men were defeated formerly at Roscoman where with great terror wee were expected with little or no resistance They on the report of our coming to the County of Sligâ— broake downe theâ—r fortifications at Bellabofeagh on the soord of Fâ—n So as the want of meanes made us stay at the Boyle from the 25. of Iuly untill the 24. of August c. whereas were we supplyed we had lodg'd this winter in the North in despit of them or any their Adherents Here because I shall never be able to aggravate this matter with such Energie as it requires I leave the same to the judicious Readers censure aggravation as also what other observations might be made upon the foresaid letter written by the Councell to the Lord Nuncius §. 16. The invaliditie of the foresaid rejected peace proved out of our Committee of treatyes exceeding their Commission 36. IF be that hath a commission or command saith the Law to doe any thing shall exceede his commission he doth nothing that is valid or firme If he passe beyond the bounds of his Commission he seemeth to doe another thing and not the thing for which he had a commission And this hath place not onely when he doth contrarie to the prescript forme of his commission but also when he doth besides or beyond his commission saith the glosse in c. si cui de electionibus in 6. c pâ—udentiam de offic Iud. deleg To prove that our Committee of the Treatie in concluding this peace did proceede not onely besides and beyond but also contrary to their commission may seeme a hard taske seeing they pretend to have from the Kingdome an absolute and an unlimitted commission As the Marques of Ormond would treat with no other commissioners but with those whome he himselfe did seeme to cull out of the foresaid thirteene persons so would he not daine to treate with any unlesse they had absolute power given them by the kingdome not onely to treate of but also to conclude a peace and nor onely to conclude a peace but to conclude a peace as they thought fit This Commission to conclude a peace as they thought fit is not from the Assembly but from the Councell and therefore are not capable to oblige the kingdom for if the Councell did exceed their commission in giving that power which they had nor unto the committee of treaty the kingdome is not liable to any thing they have done beyond the commission or authority they gave them Yet have the Councell themselves limitted this power to conclude a peace as they should thinke fit given to the Committe to these bounds and most available for the said Catholickes and generall good of this Realme 37. Wherefore that we may now come ad radicem we aske and in this our interrogation we assume as Iudges all indifferent Catholickes breathing whether it was most available for the Catholickes and generall good of this Realme that the Catholickes should still remayne under the yoke of the penall lawes and all the calamities that thereupon follow where of in our first part pag 6. as by this peace our Committee of Treaty without any necessity hath left us or whether they should be freed from that yoke whether it conduced more to the generall good of this Realme to have a present suspension of Poynings acts whereof we have disputed so amply in our foresaid first part or to let the same remayne in full force against us Whether to have our Churches and Church livings free exercise of our Religion exemption from the Iurisdiction of Protestants Clergy as his Majesty by his speciall Commissioner hath granted us or to want our Churches and church-livings free exercise c. as our Committee hath concluded Much more you may reade in our fiâ—st part § 14. numb 26. 27. where I have layd downe aswell their wilfull omissions in procuring those things which was given them in commission to procure as also their disdainefull reiection of those things which his Majesty granted us and which were most available for the Catholickes and generall good of this Realme Whether it was more available for the Catholickes c. to preserve in the hands of the Confederate Catholickes Excises Customes and other subsidies to mâ—intayne alone the armies and garisons under the Confederate Catholicks command or to give away from the Confederate Catholickes all the said subsidies yet to charge them with the maintenance not onely of their owne armies and garisons but also with the maintenance of the enemies armies and garisons as our Committee of Treaty have done Whether it was more available for the Catholickes c. to preserve their armies under their owne command and their garisons under their owne government at least untill all things were secured unto them or to deliver the same over unto the enemy before any security was had for our Religion lives liberties and estates as the Committee have done were that peace accepted More to the same purpose may be collected by the judicious reader out of our observations in the first part 38. And though their commission were generall and not limitted as you have heard yet could they never by any power given them make any contract or peace to the prejudice of faith or common-wealth which could be valid in law because as all contracts made by a Tutor or Curator to the prejudice of the pupill are by the law altogether invalid and voyde So all contracts or any peace made by any Committee to the prejudice of faith and common-wealth are altogether invalid and voyde See the Canons established aswell for the defence of Ecclesiasticall immunities as also against the alienation of things Ecclesiâ—sticall And if this be true even then when they are appointed Committees or Agents for the Church how much more is it true in case the same
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
by act of assembly 26. of Iuly 1644. Where it was declared full and binâ—â—ng without addition they declared perjured who affirme the said Oâ—th admits any equivocation or mentall reservation By observing each branch oâ— this Oath every indifferent man may discover wherein the contrivers of the late rejected peace have violated the same I may not here insist upon all branches take Reader these few notes onely upon some First they have not maintayned the power and priviledges of the Parliament of Ireland as well because they wilfully rejected the suspension of Poynings act and resolved nothing for the repeale thereof as also because they have not established any thing efficatiously to exempt it from any dependency on the Parliament of England Secondly they have not maintayned the fundamentall lawes of the kingdome chiefly MAGNA CHARTA and those other lawes which are ampliations and explications thereof and sseighted the prosecution of those who have been impeached by the whole kingdome for overthrowing the said fundamentall lawes Thirdly they have not defended upheld or maintayned the free exercise of the Roman Catholicke saith and Religion throughout this land forasmuch as they have concluded a peace without procuring a repeale of the penall lawes surrepâ—itiously established since the dayes of heresie against the free exercise of the same Religion Which repeale was graciously condescended unto by his Mâ—jâ—sty in his letters to his Lord Lieuteâ—aâ—â— of the 27. of February 1644. 61. This branch of the Oath was corroborated by act of assembly by our 17. propositions and by our frequent Declarations wherein we resolved never to make a peace without the repeale of these penall lawes Whether Glaâ—â—â—gaâ—s peace were to be deemed valid or invalid it was their part to presse the Kings Lieutenant to comply with his Majesties command for repealing the penall lawes The free exercise of religion intended by those that tooke that Oath was understood to be somewhat more than that which we had before these distempers Ergo by the free exercise of Religion they understood the free exercise thereof in Churches for before these distempers they had the free exercise in privat houses c. This interpretation is confirmed by the act of assembly wherein it was unanimously ordered never to restore any the Churches in our possession By this peace nothing is established to secure us of the free exercise of our Religion either in Churches or privat houses the governement of our Cities and Garisons together with the command of our Armies is given to the enemies so as whatsoever the Assembly hath enacted for keeping the churches would be infallibly fiâ—strated there being nothing to debarre the protestant Ministers to reinvest themselves in the same Churches Wherefore the Clergy proceeded prudently when they resolved that they ought to make a positive act for preservation of their Churches 62. Fourthly they have not according to their oath defended the possessions estates and rights of all those that tooke the oath of association particularly that of their fellow-members the Clergy as above you have heard As for the provision they have made for the seculars lands and possessions in the fourth article its certaine the same is in no sort valid untill it be confirmed by Parliament which when it shall be they doe not know See our observations on the fourth and fifteenth Article Fiftly that the said Councell and Committees have at least indirectly done severall acts to the prejudice of the cause of God is evident by what proofes wee have hetherto produced So as all things being well pondered it s no lesse evident that the severall decrees given by the clergie against such as contrived perfected and approved the said peace is most just and valid qui autem superbierit nolens obedire Sacerdotis imperio qui eo tempore ministrat Domino Deo tuo decreto Iudicis morietur homo ille auferes malum de Israel See above number 46. What may be pressed against the contrivers of this peace out of the first branch of this oath concerning the allegiance and loyaltie due to our Soveraigne and this commonwealth wee willingly omit hoping that God of his mercy will in his owne time produce a happy atâ—onement for the reliefe of this distressed Nation §. 21. That the Excommunications fulminated by the Lord Nuncius and Ecclesiasticall congregation against such as adhere to the late rejected peace is both just and valide 63. We are here to suppose that which faith teacheth us to wit that in Gods Church there is power to excommunicate and that the same power hath beene practised by the Apostles themselves and their successors men constituted in Apostolicall jurisdiction The cause of Excommunication according the received opinion of Schoole-men grounded on the Canons is deadly sinne yea veniall sinne is a sufficient cause Excommunicationis Minoris In consequence to the foresaid Decree of perjurie other decrees were made by the said congregation and particularly one dated the 17. Augusti 1646. imposing upon such cities and townes cessation from Masse and divine office that would admit the publication of the peace On the first day of September following a comminatorie excommunication was set forth against those that would adhere or by any meanes favour the said peace but the evill as yet increasing divisions and factions perpetually multiplying after severall admonitions another Excommunication was published the moneth following wherein I reade thus In pursuance of which decrees being forced to unsheath the spirituall sword wee to whom God hath given power to binde and loose on earth c. doe cum virtute Domini nostri Iesu deliver over such persons to Sathan that is to say we excommunicate execrat and anathematize all such as after publication of this our decree and notice either privately or publickely given them hereof shall defend adhere to or approve the justice of the said peace and chiesely those who shall beare armes or make or joyne in warre with for or in the behalfe of the Puritans or other heretickes of Dublin Corke Yoghell or of other places within this Kingdome or shall either by themselves or by their appointment bring send or give any aid succour or reliefe of victuals ammunition or other provision unto them or by advâ—se or otherwise advance the said peace or the warre made against us These and every of them by this present decree we doe declare and pronounce Excommunicated ipso facto c. 65. The cause of this Excommunication besides the sinne of perjurie above mentioned is contumacie against the decrees of holy Church concurrance to the advancement of heresie and suppression of Religion together with many other causes which may be collected out of what hetherto wee alleaged Sequestrari oportet graviter lapsum saith S. Ambrose ne modicum fermentum totam massam corrumpat Cum excommunicat Ecclesia saith S. Augustin in coelo ligatur Excommunicatus Hoc nunc agit in Ecclesia Excommunicatio quod agebat