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A38489 The second part of the svrvey of the articles of the late reiected peace wherein the invaliditie and nvllitie of the said peace is proved, I. by the revocation of the Marques of Ormands commission before any peace was legally concluded &c., 2. by the defect by Walt Enos ... Enos, Walter. 1646 (1646) Wing E3130; ESTC R3649 90,779 124

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by his Majestie to the Marques of Ormond his Majestie wrote and sent three other letters vnto him wherof the first was dated December 15. 1644. and continueth what followeth As for Poynings Act I referre you to my other Letter and for matter of Religion though I haue not found it fit to take publique notice of the paper which Brown gave you yet I must commande you to give him my L. Muskery and Plunket particular thanks for it asluring them that without it there could have been no peace and that sticking to it their Nation in generall and they in particular shall have comfort in what they have done and to shew that this is more then words I do herby promisse them and command you to see it done that the Penall Statutes against Roman Catholiques shall not be put in execution the Peace being made and ther remaining in them due obedience and further that when the Irish gives me that assistance which they have promised for the suppression of this Rebellion and I shall be restored to my Rights then I will consent to the Repeale of them by a Law but all those against Appeales to Rome and Premunire must stand all this in Cypher you must impart to none but those three already named and that with injunction of strictest secresie so again recommending to your care the speedy dispatch of the peace of Ireland and my necessary supply from thence as I wrote to you in my last private letter I rest 24. The second letter is dated from Oxford 7. Ianuary 1644. and containeth what followeth The Rebels here agreed to Treat and most assuredly one of the first and chiefe Àrticles they will insist on will be to continue rhe Irish warr which is a point not popular for me to break on of which you are to make a double vse First to hasten with allpossible diligence the Peace there the timely conclusion of which will take off that inconvenience which otherwise I may be subject to by the refusall of that Article upon any other reason Secondly by dextrous conveying to the Irish the danger there may be of their totall and perpetual exclusion from those favours I intend them in case the Rebels here clap up a Peace whith me upon reasonable termes and only exclude them which possibly were not councelable for me to refuse if the Irish Peace should be the only difference betwixt us before it were perfected there These I hope are sufficient grounds for you to perswade the Irish diligently to dispatch a Peace upon reasonable termes assuring them that you having once fully engaged to them my word in the conclusion of a Peace all the Earth shall not make me break it But not doubting of a Peace I must again remember you to presse the Irish for their speedy assistance to me here and their friends iu Scoland Myintention being to draw from thence into wales the Peace once concluded as many as I can of my Protestant armedsubjests and desire that the Irish would send as great a Bodyas they can to land about Cumberland which will put those Northern Counties in a brave condition wherefore you must take speedy order to provide all the Shipping you may as well Dunkirk as Irish Bottomes and remember that after March it will be most difficult to transport men from Ireland to England the Rebels being masters of the Seas So expecting a diligent and particular account in answer to this Letter Irest 15. The third letter is dated at Oxford also february 16. 1644. in the postscript wherof for the letter it selfe we haue not seene it is thus written In case vpon particular mens fancies the Irishpeace should not be procured vpon powers I haue alreadie giuen yow I haue thought good to giue you this further order which I hope will proue needles to renue the cessation for a yeare for which yow may promise the Irish if yow can haue it noe better cheape to ioyne with them against the Scots and Inchequin as aboue yow haue heard where we are to note that his Majestie forseing that the power alreadie giuen the Marques was not sufficient to induce the Irish to a peace enlargeth by his letter dated the selfe same month to witt the 27. of february aboue num 21. mentioned the former power giuen to the Marques and expresseth in particular the points Wherein this power is enlarged namely to the suspension of Poynings act and present taking away of the penall lawes against Papists which by his letter of the 15. th December his Maiestie promised to repeale when he should be restored to his rights and for the present commanded the same penall lawes should not be executed But whatsoeuer the king commanded the Marques to performe by these letters the Marques hath contemned whatsoeuer he hath promised our Committee hath neglected and whatsoeuer he hath actuallie granted they haue reiected Among many obligations by which Mandatorius or a Commissioner or Committee is obliged mandatori to him that giues the Commission that is a principall one that the Commissioner is dilig entlie to obserue the commands giuen him and as he is not to exceede his Commission soe is he not to deuiat from the same wherein how farre the kings Commissioner on his part and our Committee on theire parte haue transgressed we leaue to the censure of those that haue eyes to see and iudgment to discerne To gaine credit in court and to be courted with letters from great ones was more esteemed than the aduancement of Religion king or Conrry vae filii desertores non per spiritum meum c. habentes fiduciam in vmbra Aegipti some of our owne Committee in lieu of solliciting the cause of God of religion king and Contry wherwith the kingdome intrusted them became actiue instruments for the aduerse partie and busie Postilions from one Commander and from one Gentleman to an other to sollicit them to a defection and some of these are knowne to haue receiued priuar letters from great ones with whom to ingratiat themselues what would they not attempt though when matters are well discussed it shall appeare to the world that they proued such bad Proctors as marr-d all the busines and hindred irrecouerablie vnles God streatch forth his helping hand both king and Contry were they soo diligent in promoueing the cause of God intrusted to them by the kingdome they would at least shew themselues soe prouident and carefull as they Would cause these missiues Royall or the substance of them for soe much as concerned the repeale of the penall lawes and suspension of Poyning act to be inserted in the articles of peace that the Contry might haue some consolation and religion some Securitie But if yow marke it well they haue followed the instructions of the aduerse partie against whomthey were imploied and not of the kingdome for which they were imploied referre all things to the king saith the aduerse partie and that is don though
preseruing my Protestant Subjects in Ireland by a continuation of the warr haueing moved me to give you these powers and directions which I haue formerly done for the concluding of a Peace there and the same growing daily much more evident that alone were reason enough for me to enlarge your powers and to make my Commands inthe point more positive But besides these considerations it being now manifest that the English Rebels have as farras in them lies given the command of Ireland to the Scots that their aime is at a totall subversion of Religion and Regall power and that nothing lesse will content them or purchase Peace here I think my self bound in Conscience not to let slip the meanes of setling that Kingdom if it may be fully under my obedience nor to lose that assistance which I may have from my Irish Subjects for such scruples as in a lesse pressing condition might reasonably be stuck at by me For their satisfaction I do therefore command you to conclude a Peace with the Irish whatever it cost so that my Protestant Subjects there may be secured and my Regall Authority preserved But for all this you are to make me the best bargaine you can and not discover your inlargement of power till you needs must And though I leave the managing of this great and necessary work entirely to you yet I cannot but tell you that if the suspension of Poynings Act for such Bills as shall be agreed upon between you there and the present taking away of the Penall Lawes against Papists by a Law will do it I shall not think it a hard Bargaine so that freely and vigorously they ingage themselves in my assistance against my Rebels of England and Scotland for which no conditions can be too hard not being against Conscience or Honour 22. Many things are here to be carefullie oberued by the Confederat Catholikes first that this letter or enlargment of the Marques his power was neuer communicated vnto our Councell or Committees though then and after in atctuall treatie with hym for a peace by vertue of a former Commission giuen him by his Maiestie the 24. th of Iune before vntill the same was put into the presse by the Parliament who found the same in his Maiesties Cabinet in the battell of Nasby from the print of London it was sent into France and there sent by accident into Ireland yet the reuocation of the Marques his Commission by the letter of the 11. of Iune aboue mentioned was forthwith and without delay communicated vnto vs by the Marques and soe punctuallie obserued as noe precedent obligation past betweene him and the Confederat Catholikes could induce him to goe forward By which the Confederat Catholikes may with resentment take notice how litle behoulding they haue beene vnto the Marques of Ormond for any graces or fauours shewd them by him though his fauorits haue extolld his imaginarie fauours don the Contry beyond measure 2. Whether the Kingdome haue more cause to conceiue iealousie in this respect against the Marques who as yow may behould in the letter had some Commaunds not to discouer the enlargment of his power till he needs must than against the then supreme Councell who receiuing this letter in Iuly or August 1645. did neuer to this day reueale or publish the same vnto the kingdome whether this was don by them because they were then actuallie concluding a peace in huggar muggar with the Marques and therin resolued to reiect these royall graces of the repeale of the penall lawes and suspension of Poynings act and therfore would not discouer these graces least theire owne remisnes in the cause of God should be likewise discouered or for what other cavse they did it 't were fit to bring into question 3. we are to obserue with what confidence the Marques proceeded with our Committee with whom he doubted not to conclude a peace on more abiect Conditions than the king himselfe did grant vnto them 4. That as Sir William Parsons and the rest of the Rownd-headed priuie Councell of Dublin did suppresse from the Contry the graces sent ouer into the Chtholike Confederats of Ireland the August before the first of these Commotions soe our owne intrusted Catholikes suppressed these other graces granted vnto vs by his Maiestie since these Commotions inimici hominis domestici eius 5. out of all which yow may further obserue the hypocrisie of some great ones in Dublin who to cloake theire disloyall recourse for succours to the Parliamentarie Rebels gaue out that they were forced therunto for theire necessarie defence against the Confederat Catholikes wheras it is is most certaine if the Marques had granted vnto vs what the king commanded him by this letter and not giuen for his owne priuat ends to the kings irrecouerable detriment impediment to the Earle of Glamorgans articles of peace the Catholike Consederats had ioynd with armes and hearts in soe happie a peace and by Gods blessing they had with the hazard of theire liues estates and fortunes together with the aids of forren Catholike Princes and Prelats preuented and preserued his Majestie from the deplorable condition wherin now he is and chased out the of three kingdomes his sworne enemies In a word the Marques and those of Dublin sent vnto the kings Ennemies for succours not to defend themselues as they pretended but to defend theire obstinat disobedience to the kings Commands and their inordinat desires to preserue these pernicions hereticks who are known toside with and sweare for the Parliament wherfor the Confederat Catholikes did discharge theire dutie to God and theire allegiance to theire king in setting vpon such disloyall Refractories wherin they proceeded Like faithfull subjects in a defensiue way endeauouring to maintaine the present grants and graces which theire gratious Soueraigne conferred vpon them and the ancient fundamentall lawes of the kingdome chiefly that of Magna Charta wherin theire religion liberties liues and estates haue beene secured vnto them for defence Wherof millions of noble Catholike subjects in England in former ages haue sacrificed theire liues and fortunes and taken vp armes euen against theire owne soueraignes how much more iustlie might the Confederat Catholikes for defence of the same lawes take vp armes against theire fellow subjects who as they haue rebelled against God by repealing those ancient fundamentall lawes and establishing new destructiue to the Catholike faith soe haue they and still doe rebell against the lords annointed theire liege lord and soueraigne by disobeying his lawfull Commands and attempting the ruin of him and his royall issue But these obseruations on that letter are extrinsecall in the fol. lowing paragraph we will present the Reader with other obseruations that are intrinsecall §. 6. His Majesties Confidence in the sidelitie and assistance of the Confederat Catholikes Parliamentaries iustlie branded by his Majestle for Rebels and theire actions Rebellions 23. Before the forsaid letter of the 27. th of februarie was written and sent
solid authoritie from the Kingdome my admiration was augmented by the answer I received from one affected to them to wit that the Councell made no doubt to conclude all things as they pleased by force 37. The last Supreme Councell was established the second of March 1645. Their Commission to the Committee of Treaty was given the sixt of March following After diligent search I found among the assembly acts of that second day of March this act It is ordered that the Supreme Councell and the Committee of Instructions as by former order in that behalfe appointed shall sit this afternoone and PREPARE all affaires conceaning the Treaty of peace and with all possible speed dispatch the Commissioners to Dublin But neither this order nor any other former order I could light on doth give power or authoritie to this new Supreme Councell to give any commission to the committee of Treatie either to treate or conclude a peace at all much lesse to conclude such a peace as the committee of Treaty in their Iudgement should thinke fit which is the commission the first Supreme Councell gave the committee of Treaty for which I am perswaded they never yet had authoritie from the Assembly It is one thing to sit and PREPARE all affaires concerning the treaty which alone this order imparts another thing to be authorized by the Assembly to give commission in the name of the Kingdome to the committee of Trea●y to conclude what peace they listed which is the point here questioned But here occurres unto the what I have beene often told even by members of some assemblyes past that such I will not say Factionists as precipi●a●ed into this abortive peace had their private cabinet Councels where they moulded what Orders they thought convenient● for their purpose which they ordinarlly presented about the perclose of the Assemblyes and when they saw such as they thought would oppose them absent and prepared such as they knew would adhere to them and set forth the matter with a specious glosse to be present and so caused such orders to passe surreptitiously without any deliberation or mature consideration by the house of such orders or of the ends the Moulders of them intended I suspect this order though it make little to the present purpose to be one of those surreptitious orders the cause of my suspition is that in the selfe same Assembly 19. February the whole Kingdome unanimously agreed and promised unto the Lord Nuncius that they would conclude nothing with the Marques of Ormond touching the peace untill the first of May following what appearance is there then that the same Kingdome in the same assembly should order that with all possible speed the Commissioners should be dispatched to Dublin and thereupon to signe and seale a peace the same moneth never expecting the first day of May as they promised and by that meanes so to entangle the businesse as whether the Popes peace came or no by the first day of May the Kingdome was obliged to embrace Ormonds peace though ever so unjust and indeed so some of the very Committee of Instructions were perswaded but the unfolding of this mysterie wee leave unto the assembly which I pray the God of truth to illuminate and preserve from faction and division §. 9. Other defects proving the insufficiency and invalidity of the said Commission 38. IN the Commission given by the first and last Supreme Councell they authorize the committee of Treaty nor onely to treate and agree but also to conclude a peace with the Marques of Or●n●nd their authotitie herein they father on the act of Assembly past 20. Iuly 1644. which kinde of act I could never finde among all the acts of Assembly nay the contrary is evident as well by both the Acts of assembly above specified numb 34. 37. as by other acts which hereafter I shall expresse that they had power onely to treate of the peace and to prepare matters conceruing the same but not to conclude i● I have indeed heard that our committee of Treatie laboured in severall Assemblyes to have absolute power given them not onely to treate of but also to conclude a peace but as yet I have not seene any such power granted neither ought any such power at any hand be granted to any particular men who by faction corruption or affection might be able to destroy Religion King and Countrey These men 〈◊〉 desired this absolute power are knowne to be either of allians with the Marques of Ormond or to depend of him or to have beene deluded by him with vaine hopes of promotion wherefore it is not secure for the Kingdome to give absolute power to such persons how honourable and faithfull soever they may be esteemed to be neither ought they if they would avoid the just suspicion of the people demand it We must not put the cause of God to compromise to Achitophel If then it appeares cleerely our committee of Treatie had no power to conclude but to treate of a peace onely who may doubt but their proceeding to a conclusion without commission is altogether in valid peradventure they may produce some act of assembly for an act of the Councell or committee of Instructions will not serve their turne to p●ove they had not onely power to treate but also to conclude such a peace as they thought fit but hetherto I have not seene any such and if any such shall be produced It rust the Kingdome will be so carefull of its owne honour and wellfare as to disqusse the validitie thereof and the wayes and meanes which were used in getting forth such an act It can hardly be exemplified that foure or five persons in a Kingdome had ever such absolute power given them as to conclude a peace within the same Kingdome for and concerning the most important affaires that ever could be agitated in a Kingdome even then when they might call upon an assembly of the whole Kingdome to try and examine the justice or injustice validitie or invaliditie of the said peace and that the power should be so unlimitted as their Commission had no expresse relation to any Instructions by which they ought to be regulated That five secular men should be made Supreme Iudges in a Catholique Kingdome of Prelate and Priest of Regular and secular of Religion Church and Church-livings of Ecclesiasticall Iurisdiction administration of Sacraments celebration of divine service and office c. à seculo non est auditum no not in Henry the eights owne dayes Numquid omnes Crumvelli numquid omnes vicarij in spiritualibus temporalibus numquid omnes Braini And this is the third argument whereby wee prove the invaliditie of the said peace 39. The fourth argument may be deduced out of the number selected by the kingdome to be of the Committee of Treaty which was thirteene as you may observe out of the act of Assembly numb 34. by which act there was no power given the Councell
onely the Lord Marquesse his forces and those forces how great are they that they may not be repulsed And seeing we neede not feare the enemies this yeare why should not wee hope that even the souldiers that are in Mounster may after this present expedition be turned to the defence of Leinster and by what other wayes soever to preserve Leynster Wherefore right honourable it must be concluded that that peace must in no sort be made neyther must it be treated of before the things mentioned be notifyed unto you least by an imaginary utility of repose you leese your estimation with Christian Princes Be these spoken over and above what in my Protestations and in my letters to the Supreme Councell I have sufliciently declared praying that your Honours would ponder them with the same spirit I wrote them namely for the sole increase of the Catholicke Church and the true and solid felicity of Ireland which felicity God alone and the Catholicke faith is able to give all things else concluded whatsoever the world and the followers thereof can say Thus farre elegantly religiously the Lord Nuucius in Latin §. 14. An abridgement in English of a third Letter in Latin dated 25. Iumj 1646. and sent to the same Councell and Committee by the Nuncius in answer to their Letter 14 HAving acknowledged the receipt of the Councell and Committees letter above mentioned hee first shewes wherefore he did not sooner communicate the protestations to them Know therefore saith he that therfore the said protestation hath beene made by me when in the moneths past it was vehemently doubted and not without cause that the Supreme Councell and Committees would then by all meanes conclude a peace with the Lord Lieutenant and not expect the articles transacted between his Holynesse and her Majesty the Queene of England and by consequence that they would preferre any other peace before the Popes peace which contayned most honourable and most plentifull conditions for this kingdome And when I presented this my griefe unto the Prelats Clergy they without reluctancy of any subscribed to my opinion according to the reverence they ought and doe beare to his Holynesse But wherefore the protestation was suppressed I alone am the cause thereof being not willing to shew it untill I were compelled through great necessity and desiring for the love and observance I beare your honours that it could be perpetually suppressed but wherfore I have in this present state of things manifested it this was the cause that your honours might seriously consider that both Clergies are yet much more ready to subscribe unto it againe if any peace be concluded that may be any way scandalous or lesse honourable for Religion when as for the expectation of the articles of Rome they so readily subscribed thereunto 15. He denyeth that they communicated unto him the manner of their proceeding in the treaty saying though they still informed him of many missions of the Committee to Dublin yet it is also certayne that they never spoke unto him untill the moneth of March of the peace with the Marquesse now subscribed nay it was expresly denyed although I oftentimes shewed that I understood from many places of such a thing and when after the notable declination of the Kings Majesty and the wonderfull change of the state of things I wrote two letrers to your honours the one the 27. of April the other rhe 5. of May sent from Kilkenny wherein I endevoured to shew that no peace could be made with the Marquesse c. I vehemently grieved I could get no answer to them neyther were the letters publickly reade in the Committee nor the reasons pondered c. whereof there can be no other cause than that hidden conclusion of peace which could be no way dissembled if answer were given Whence I might easily suspect that which for many moneths hath beene bruited namely the magnificent proclayming of the communication of all matters with me and my consent therunto that by such reports the people might be drawne with more alacrity to consent unto this intended peace Which thing most illustrious Lords imposed a great necessity on me if an honourable peace were not concluded to admonish the kingdome and the chiefe Cities thereof that I never gave assent thereunto least I should seeme by my silence and presence to blemish the most holy intention of his Holynesse who urgeth nothing more than this free publike exercise of the Catholicke Religion c. 16. Vnto the necessities alleaged by the Supreme Councell and Committee he answers no necessities could be so pressing as to force the Confederats to make any peace or to accelerate politicall conclusions without an honourable addition of things Ecclesiasticall also c. and that the cause why such plentifull succours as they expected from Rome came short of their expectation was that at Rome it was held that the Supreme Councell Committees by their Cessations with the Lord Lieutenant did corrupt the good successe of the affaires and the progresse of their victories whereby they injur'd themselves and his Holynesse which opinion grew so strong in Court as the same was insinuated by the sacred Congregation unto the Nuneius himselfe when he was there among those of the wisest sort grew so violent as it can hardly be now blotted out He addeth further though the succour by himselfe brought being considered abstractively were indeed very little in respect of what his Holynesse and other Princes of Italy together with the cardinals resolved to send yet ought they to be esteemed much considering the povertie of the See Apostolicke which by the last warres was in a manner exhhausted and the charge of sending hither an Archbishop a Nuncius Apostolicke c. which was an undoubted pledge of further succours from time to time neyther ought they to be esteemed small succours without which the Armies could not be timely sent into the field this yeare and by which in Vlster two great victories have beene obtayned a whole province freed such a slaughter made of the enemy as was not heard of these foure hundred yeares which with the hopes of Prestons victories in Connaght are strong arguments that the monyes given by the See Apostolicke for the advance of the Catholicke Religion doe bring forth immense fruit even to miracle if with due confidence estimation they be received employed 17. He urgeth the affaires of Vlster to proceed so well as that Province was never in better condition that the proceeding of Connaght was not of lesse hope and that if Bunratty were besieged as it ought the Army that was in that Province might be sent to Mounster and so three Provinces recovered in the residue of this Summer VVherefore saith the zealous and incomparable Prelat seeing the Marquesse of Ormond alone remaynes who may oppose himselfe to the Confederats I pray you what reason have you why you should feare him if
which being observed by Catholique Princes and Prelates abroad gave occasion unto them to subtract the aid and succours they resolved to give unto the Confederate Catholiques for the advance of Religion and conservation of Monarchie Our frequent missions to Dublin were knowne to have corrupted men of integritie increased division multiplied faction Conversi sunt in arcum pravum Besides the extraordinarie summes bestowed on the Lord Marques of Ormond our late Councell licenced him yea were active Instruments for him to receive all his rents and revenues out of the Confederate Catholiques Quarters and whereas the confederate Catholiques themselves contributed to the publicke the fourth part of their rents the Marques of Ormond had so great favour with our Councell as not only himselfe but many of his friends also contributed no more but the eight part of such rents as they had within the confederate Catholiques Quarters This was not all they licenced him also to take up in mortage lone and otherwise upwards of twentie thousand pounds worth great yearely rents were given by them unto those very persons who were knowne to have beene husband men for his Excellency in sowing division among the confederate Catholiques those that affected that partie were preferred to places of honour command and profit others that affected the publicke rejected p●mphelets made by the enemies against the justice of our war entertained and admitted books made even by advise and command of Councell and convocation suppressed so powerfull were Factionists among our councell and committees Were the rents due to the Marques of Ormond employed with fidelitie for the Catholique cause well nigh a thousand men might be maintained thereby every day in the yeare or if the same were charitably dispensed among those Catholique noble men and Gentlemen whom the Marques burned wasted and banished then had they been provided for with competencie to relieve themselves and not necessitated to fawne on the Marques for any desperate peace who otherwise would be glad to fawne on them and the rest of the confederate Catholiques being reduced to their necessitie if his meanes were substracted from him Our owne subsidies subministred unto the Marques have beene the chiefe occasion why his Excellency hitherto disobeyed his Majesties commands in not yeelding to such a peace as he commanded The sending of suspected Generals whose Treacherie is now discovered unto Vlster Mounster where they did little service and wasted upwards of threescore thousand pounds did concurre to this necessitie and weakenesse which was augmented by decrying the p●ice of Bullion procured by privat men for their particular interest contrary to the act of the first generall assembly whereby Marchants others doe now make it a trade to export Bullion out of the Kingdome who before made it a trade to import Bullion into the kingdome I passe by the lamentable division which if daily fomented among our selves and causeth many to be more tenacious of their moneys and lesse free in their contributions to the advance of the catholicke cause lesse service irdone and yet our necessity increased what we gayned by Gods powerfull hand wee are like to loose by our owne facall division In a word not out enemies forces but our selves have brought upon us all the necessity and weakenesse the late Councell and Committees have thus complayned of Sed tantum confidenter state videbitis auxilium Domini super vos 33. Our third answer is that our necessity or weakenesse is not so great for all that as they seeme to aggravate First because we received from catholicke Princes and Prelates abroad in money and money-worth well nigh an hundred thousand pounds Secondly we had the assistance of the Excise Thirdly of Customes Fourthly of the Kings Rents Fiftly of the tenths of prizes gotten at sea Sixtly the estats of the fugitive Parliamentary Rebels Seventhly two thirds of the Church livings Eightly the fourth part of our owne catholicke Confederats rents Ninthly severall grand applotments which amounted to large summes of money Tenthly other great summes borrowed by way of Ione c. Certes these subsidies are farre greater than those which our enemies in all the Provinces of Ireland have had and being well managed had maintayned yearely in the field a greater army than ever hath beene maintayned by the late councell committee but when great pensions are given to many who doe but little service to the cause or who may well serve for nothing being other wise rich enough what mervayle is it that the meanes appointed to relieve the souldiers are thus eaten up Yet are many of those men who thus heavily complaine of necessity so farre from being really necessit●ted as among them they have made purchases of twenty thousand pounds worth and many of them who had not where withall to subsist are now furnished with many thousand Trepidaverunt timore ubi non erat timor VVhen we contributed large summes of money to the enemy wee never complayned of necessity but when we are to contribute to the maintenance of the catholicke cause then are our complaynts multiplyed To maintayne heresie against God and treason against our Soveraigne the London heretickes contributed in one morning welnigh a Million of money and since that time have contributed many Millions more and yet never complayned of necessity shall Catholickes to maintayne Religion towards God and loyaltie towards their Soveraigne be inferiour to such miscreants Were our necessityes relieved or our warre diminished and the Catholicke faith in some sort secured by the late rejected peace some colourable excuse these men might have for their complaint of necessity But when by such a peace our necessities are rather augmented our warre increased and which is worse of all our religion extinguished what just cause of complaint may they pretend You will say having peace with Ormond we have lesse enemies to oppose the warre is by so much diminished I answer the catholicke Confederats gaine not somuch tranquility by that peace as they gayne woe and misery infamy among Christian Princes on earth and the indignation of God and his Angels in heaven Seeing they are tyed to maintayne all the heretickes of the kingdome and all the armies garisons belonging to their enemies wheras before they had onely the Catholickes and the armies and garisons in their owne quarters to be maintained and besides that by that peace they loose all the subsidies above mentioned which hitherto they had to maintayne such armies and garisons so as they are like to be reduced to the most miserable condition that ever any Nation hath been reduced unto Adde hereunto that in very deed when we suppose by this peace that wee have peace yet wee have no true peace but the Marquesle is at his owne liberty to breake off when he finds his best opportunity seing the peace is invalid and grounded on no Commission Et curabant contri●i●nem f●liae p●puli mei cum ignominia dicentes pax pax non erat
part thereof is it yet con●luded neither is i● knowne when any conclusion shal be Certes if peace were concluded nothing else thence followeth than rep●se and as it were a certaine cessation untill it receive sull perfection and accomplishment by parliament and when this Parliament shal be yea whether it shall ever be seeing it de pendson very many accidents it s altogether uncertaine and when the Parliament shal be assembled we have recourse to armes if any d●ssention arise meane while the government of their owne Quarters as hetherto and of their Churches of their Emoluments and of the passessions of all their things doth remaine in the hands of the confederate Catholiques 53. Out of which and out of many more reasons which in the same Epistle the councell doth alleage they prove the necessirie of the Nuncius his p●esence in Ireland and to that end doe not onely invite but also u●ge and presse him as well by this and other letters as also by speciall messengers sent into France to come into Ireland as●●ing him further that the Ecclesiasticall ●urisdiction in the conditions of peace deman ded and derived from His Holinesse is and shall be in the hands of the Catholiques independent of the Protestants to the promotion pro pagation and secure preservation whereof the presence of the Nuncius Apostolicke is necessarily required c. having promised unto him a place of Residence where the supreme government of the kingdome should be together with a guard to wait on his person they shew the constancie of the Catholiques of Ireland in their Religion their Christian fortitude in attempting this holy warre even without armes ammunition or other provision against he enemies of Religion King and Countrey and unto the difficulties propaunded by the most noble Spinola concerning the oath of ●upremacie the admission of Catholique Bishops to the next Parliament and the governement whither the same should remaine in the hands of the Protestant Vice Roy they answer that the Irish Nation by no meanes dangers or hazard of life and fortunes for these hundred yeares past could ever be induced to acknowledge the temporall Prince to be S●p●eme head of the Church or to submit themselves to such an Oath much lesse doe they meane hereafter to submit themselves thereunto and that in the last assembly by universall voice and vo●e●t was concluded that they would perpetually insist upō the taking away of the same oath that they believed the pseudo Bishops would not dare appeare in the next Parliament that they had great hopes and grounds to exclude them from thence and though they were present yet may ●ot they prejudice our affaires s●eing it is extant in our conditions that they are to have no ●urisdiction in causes appertaining to the Catholique Religion and the professors thereof c. 54. Vnto the third difficultie concerning the government of the Kingdome by a Prot●stant Vice Roy they answer that neither the whole govermn●nt nor the government of all the sorts or cities shall be in the hands of the Vice-Roy there shall be catholiques in the councell of state and they ●hall be governours of many cities the Ecclesiasticall hierarch●e shall be the catholique clergie out of all these there shall be a body politicke composed of catholiques c. the chiefe member of which body shall be the Nunoius of the See Apostolique who shall make choice of the most secure citie wherein he may keepe his residence and that body politicke of catholiques shall defend his dignitie and securitie with the hazard of life and fortunes so we in the name of all the conf●derate catholiques ex nunc ●unc doe promise and therein oblige the publicke faith of the whole Kingdome And this meane and this remedy is sufficient c. to secure the Apostolicke Nuncius being in this Kingdome from any disgrace or danger Adde hereunto presently upon the arivall of the most illustrious and most Reverend Nuncius having considered the conveniences and inconveniences of our-state and affaire VVE VVILD DOE VVHATSOEVER HE SHALL THINKE expedient Observations on the foresaid Letter or obligation 55. The Reader is first prudently to observe that the postulations mentioned number 51. are the seaventeene propositions and the 14. additionall propositions whereof wee have made frequent mention in the first part those acts of assembly and other orders above mentioned VVhich Unlesse they were obtained and by Parliament confirmed the warre was still to be continued Our committee have concluded the rejected peace and the same councell that made this promise in the name of the Kingdome two onely excepted hath confirmed the same and yet the conditions or postulations above mentioned nor the tenth part of them have been by our committee of treaty obtained as the Reader may cleerely behold in our observations on the articles of peace part 1. 2. The councell numb 52. doe acknowledge they know not when the Parliament will be and doe informe the Nunc●us that untill t●e Pa●liament be the government and jurildiction Church●s possessions c. must still remaine in their owne hands a●d yet by the articles of the peace they are taken frō us before not the least appearance of securitie for our Churches or church-livings much lesse of exemption from the Iurisdiction of the Protestans clergie It is true that when this obligation was made Glamorgans peace was in force by which our Churches and Church-livings Iurisdiction and exemption from the power of the Protestant clergie was in some sort secured unto us but that peace being recall'd by his Majestie before Ormonds peace was concluded and the condition on our part upon which tha● peace was grounded being not performed it w●s a notab●e breach of publicke faith in our councell inexcusable ever to approve or condescend to ●he Marques of Ormonds peace and the matter is so much the more to be aggravated that the councell themselves did seeme to wave the b●nefit of Glamorgans peace upon the Protestation made against it by the Marques of Ormond 3. By our observations on the first article in our first part it appeareth that neither Ecclesiasticall ●or Secular is exempted from the Oath of Suprem●cie so as in this particular also whereof numb 53 publicke faith is broken with the Nuncius Touching the Protestant Bishops sitting in Parliament and the continuation of a Protestant Vice-Roy see our observations on the 10. 12. and 14. article part 1. 4. Nothing that is promised numb 54. is performed or true and if the rejected peace were accepted the body politicke of the confederate Catholiques had beene dissolved the Nuncius forced with disgrace to fly the countrey and no confederate catholique secured of his Religion life libertie or estate 5. By the last particle our councell obliged the Kingdome upon the arrivall of the Lord Nuncius not to rely upon the Earle of Glamorgans owne peace if the Lord Nuncius thought any other peace more expedient which is the matter which