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
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 pâ—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 pâ—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 necessitâ—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 contriâ—iâ—nem fâ—liae pâ—puli mei cum ignominia dicentes pax pax non erat
more of them to treate conclude a peace such a Commission is not nor never was extant in rerum natura Ergo the peace grounded thereupon is void In the same preface it is said articles of peace concluded c. betweene the Marques on the one part and these 7. Mountgaret Muskery Sir Robert Talbot Dermot O Brien Patricke Darcy Geffrey Browne and Iohn Dillon on the other part yet five onely of these 7. concluded the peace Mountgaret and Dermot O Brien never signed sealed or delivered the peace Yea Mr. Dermot O Brien made publique protestation against it and manifested unto the world aswell his aversion against the proceedings of the rest of the Committee in that treaty as against the iniquitie of the said peace for which hee deserves from his Countrey immortall praise How then is it true that those 7. concluded the peace when as 5. onely concluded it These I trow are errors and defects sufficient enough to prove the insufficiencie and invaliditie of the committee of the treatyes Commission and consequently the nullitie of the peace thereupon concluded which we pray all our learned and disinterelled Lawyers to discusse together with those other arguments we produce in the rest of the paragraphes and to strengthen the same by their approbation apposition of the authoritie of our Lawes of England which I could not well peruse for want of leasure and commoditie § 10. The invaliditie of the said peace proved by the revocation of our Committees Commission namely by the protestation of the principall part of the Body politicke of the kingdome other Inhibitions 1. BEsides the nullitie of the foresaid peace by the insufficiencie of our committees commission wee prove the same by the revocation of the same commission if it were ought worth before the peace was concluded Heare then the Lord Nuncius his protestation THE LORD NVNCIVS HIS PROTESTATION MOst Illustrious and Reverend Lords VVhere as before the imprisonment of the Earle of Glamorgan I abundantly represented unto your honours that the peace which then was in agibation was 〈◊〉 on any Fitles neyther honest nor secure but scand alous in the opinion of his Holyneisse the rest of the Catholicke â—rineâ—sland that for that cause â—â— would in no sort â—â—ndescend thereunto and whereas the same peace after the release of the said Earle is as yet lessei secure by reason of many accidents that befell seeing his Holynesse hath sent 〈◊〉 me the heads of the peace agreed upon at Rome between his Holynesse and her Majesty the Queenes Agent with promise of the Kings information thereof which heads are both honest by reason of the persons more ample then all the points hitherto treated of and doe promise all the security which may be had in these circumstances I urge with your Honours that you expect the Originals of the said heads that in the interim no other peace be concluded but that the Treaty of peace be deferred least you wrong his Holynes his benignity towards this kingdom your Honors incur his indignation together with the aversion of all Princes chiefly seing that the Instrument signed by your selves remaynes in my custody which before my coming over your Honours delivered as an answer to Master Spinola of happy memory wherein you promised to doe in this affaire whatsoever I upon consideration of the state of the kingdome should thinke fit to be done If otherwise you proceed I doe besides the breach of your promise protest that I doe not neyther will I consent unto any peace or change of things or government in this kingdome untill upon view consideration of the foresaid heads of the Popes peace it shal be maturely established what shal be more profitable to this kingdome And if â—hings be otherwise carried I protest though with sadnesse of heart that all damages which by this acceleration of peace shall befall the Kings Maiesty and this miserable kingdome proceeded not from the faults of any other but of those who having posâ—posed the reverence and gratitude due to his Holynesse doe abuse their owne private affections and interest to the destruction of the Commonwealth From the Pallace of our residence the sixt day of February 1645. stylo veteri Your Honours most addicted Servant Ioan. Baptist Archiepiscop Firman Nuncius 2. According to this protestation the Lord Nuncius the very next day following to wit the seventh of February and againe the ninth of February came personally to the assembly and having declaâ—ed the affection and care the See Apostolique had of this Nation sometime for learning and sanctity called the Iland of Saints declared that his Holynes to succour the Catholique Confederates neglected and postposed the warres by the Turkes against the Christians by the Swelandeâ— against the Emperor and other warres neerer home that he laboured and at length prevailed with His Majestie that the Roman Catholiques should not onely have and quietly possesse their Church and Church-livings but also that the Catholique Natives should be made capable of all places of command honour pâ—ofit or trust in the civill marshall or Ecclesiastique government together with many other extraordinary graces and concessions that he daily expected the articles of this peace and therefore prayed seriously that the conclusion of any peace with Ormond which was the worst of all other peaces might be protracted at least till May assuring us if we persâ—vered constantly in the cause of God that the Popes Holynes and other Catholique Princes would never be wanting to supply the Confederate Catholiques with sufficient meanes and money to maintaine the warre and that he himselfe in the interim would defend Leinster against Ormond in case he condescended not to a cessation for so long a time This motion was seconded by noble Glamorgan by two severall speeches delivered by him in the Assembly 12. and 19 February which was accepted and entertained by the whole house with such joy and alacrity as you might descry in their outward gesture their inward consolation 3. Our councell and committees contrarie to the resolution of the whole house would not expect so long they were not foure dayes chosen when they gave a new commission to the committee of Treaty to conclude a peace with his Excellency which was signed and sealed 28. March as you have heard It was a businesse long before concluded as you may gather by Iustice VValsh one of the purchasers above mentioned his speech delivered in the house 10. February wherein he affirmed that he himselfe brought all things points and matters to a full period according our wishes with the Lord Marques but said he the imprisonment of Glamâ—rgan hindred the sigâ—ing thereof Yet I reade in the diurnall of that day that the chaire-man Mr. Thomas Tyrell informed the house that our Agents were in Dublin eleven weeks and yet were not able to conclude any thing And Mr. Geofrey Browne declared in publicke assembly 15. February that the
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
part thereof is it yet conâ—luded neither is iâ— knowne when any conclusion shal be Certes if peace were concluded nothing else thence followeth than repâ—se and as it were a certaine cessation untill it receive sull perfection and accomplishment by parliament and when this Parliament shal be yea whether it shall ever be seeing it de pendson very many accidents it s altogether uncertaine and when the Parliament shal be assembled we have recourse to armes if any dâ—ssention arise meane while the government of their owne Quarters as hetherto and of their Churches of their Emoluments and of the passessions of all their things doth remaine in the hands of the confederate Catholiques 53. Out of which and out of many more reasons which in the same Epistle the councell doth alleage they prove the necessirie of the Nuncius his pâ—esence in Ireland and to that end doe not onely invite but also uâ—ge and presse him as well by this and other letters as also by speciall messengers sent into France to come into Ireland asâ—â—ing him further that the Ecclesiasticall â—urisdiction in the conditions of peace deman ded and derived from His Holinesse is and shall be in the hands of the Catholiques independent of the Protestants to the promotion pro pagation and secure preservation whereof the presence of the Nuncius Apostolicke is necessarily required c. having promised unto him a place of Residence where the supreme government of the kingdome should be together with a guard to wait on his person they shew the constancie of the Catholiques of Ireland in their Religion their Christian fortitude in attempting this holy warre even without armes ammunition or other provision against he enemies of Religion King and Countrey and unto the difficulties propaunded by the most noble Spinola concerning the oath of â—upremacie the admission of Catholique Bishops to the next Parliament and the governement whither the same should remaine in the hands of the Protestant Vice Roy they answer that the Irish Nation by no meanes dangers or hazard of life and fortunes for these hundred yeares past could ever be induced to acknowledge the temporall Prince to be Sâ—pâ—eme head of the Church or to submit themselves to such an Oath much lesse doe they meane hereafter to submit themselves thereunto and that in the last assembly by universall voice and voâ—eâ—t was concluded that they would perpetually insist upoÌ„ the taking away of the same oath that they believed the pseudo Bishops would not dare appeare in the next Parliament that they had great hopes and grounds to exclude them from thence and though they were present yet may â—ot they prejudice our affaires sâ—eing it is extant in our conditions that they are to have no â—urisdiction in causes appertaining to the Catholique Religion and the professors thereof c. 54. Vnto the third difficultie concerning the government of the Kingdome by a Protâ—stant Vice Roy they answer that neither the whole govermnâ—nt nor the government of all the sorts or cities shall be in the hands of the Vice-Roy there shall be catholiques in the councell of state and they â—hall be governours of many cities the Ecclesiasticall hierarchâ—e shall be the catholique clergie out of all these there shall be a body politicke composed of catholiques c. the chiefe member of which body shall be the Nunoius of the See Apostolique who shall make choice of the most secure citie wherein he may keepe his residence and that body politicke of catholiques shall defend his dignitie and securitie with the hazard of life and fortunes so we in the name of all the confâ—derate catholiques ex nunc â—unc doe promise and therein oblige the publicke faith of the whole Kingdome And this meane and this remedy is sufficient c. to secure the Apostolicke Nuncius being in this Kingdome from any disgrace or danger Adde hereunto presently upon the arivall of the most illustrious and most Reverend Nuncius having considered the conveniences and inconveniences of our-state and affaire VVE VVILD DOE VVHATSOEVER HE SHALL THINKE expedient Observations on the foresaid Letter or obligation 55. The Reader is first prudently to observe that the postulations mentioned number 51. are the seaventeene propositions and the 14. additionall propositions whereof wee have made frequent mention in the first part those acts of assembly and other orders above mentioned VVhich Unlesse they were obtained and by Parliament confirmed the warre was still to be continued Our committee have concluded the rejected peace and the same councell that made this promise in the name of the Kingdome two onely excepted hath confirmed the same and yet the conditions or postulations above mentioned nor the tenth part of them have been by our committee of treaty obtained as the Reader may cleerely behold in our observations on the articles of peace part 1. 2. The councell numb 52. doe acknowledge they know not when the Parliament will be and doe informe the Nuncâ—us that untill tâ—e Paâ—liament be the government and jurildiction Churchâ—s possessions c. must still remaine in their owne hands aâ—d yet by the articles of the peace they are taken froÌ„ us before not the least appearance of securitie for our Churches or church-livings much lesse of exemption from the Iurisdiction of the Protestans clergie It is true that when this obligation was made Glamorgans peace was in force by which our Churches and Church-livings Iurisdiction and exemption from the power of the Protestant clergie was in some sort secured unto us but that peace being recall'd by his Majestie before Ormonds peace was concluded and the condition on our part upon which thaâ— peace was grounded being not performed it wâ—s a notabâ—e breach of publicke faith in our councell inexcusable ever to approve or condescend to â—he Marques of Ormonds peace and the matter is so much the more to be aggravated that the councell themselves did seeme to wave the bâ—nefit of Glamorgans peace upon the Protestation made against it by the Marques of Ormond 3. By our observations on the first article in our first part it appeareth that neither Ecclesiasticall â—or Secular is exempted from the Oath of Supremâ—cie so as in this particular also whereof numb 53 publicke faith is broken with the Nuncius Touching the Protestant Bishops sitting in Parliament and the continuation of a Protestant Vice-Roy see our observations on the 10. 12. and 14. article part 1. 4. Nothing that is promised numb 54. is performed or true and if the rejected peace were accepted the body politicke of the confederate Catholiques had beene dissolved the Nuncius forced with disgrace to fly the countrey and no confederate catholique secured of his Religion life libertie or estate 5. By the last particle our councell obliged the Kingdome upon the arrivall of the Lord Nuncius not to rely upon the Earle of Glamorgans owne peace if the Lord Nuncius thought any other peace more expedient which is the matter which
statutes repealed whereof mention is made in the Collection of the Irish statutes I finde not this mentioned It is true that 3. and 4. Philip and Mary this statute and all other statutes enacted by Henry the 8. against the See Apostolicke and the Supreme power thereof were repealed though the statutes of such repeales were not recorded among the rest of the Irish statutes which some attribut to the corruption of the collector yet were the same statutes all revived confirmed and amplyfyed in the second yeare of Queene Elizabeths raigne where expresse mention is made of the statutes of the foresaid 28 yeare of Henry the 8. and not onely the grievances by me alleaged out of the same statute but also the Oath of Supremacy there established iterated and confirmed by the statute of 2. Eliz. so farre is it from truth that the foresaid statute was remaineth repealed Which our learned Lawyers that penned our declarations and remonstrances foreseing were therfore carefull to demand that not only the the act of 2. Eliz. in Ireland but also all other acts made against Catholick Religion since the 20. yeare of Henry the 8. should be repealed wherein they suppose the said statuts of Hen. 8. to be in force accordingly the first of our 17. propositions wherein we demanded a repeale of al pâ—nal lawes was propounded in general tearmes abstracting from the statut of 2. Elizab. and all other statuts Our Committee of the treatie should have followed their Instructions in this particular and not limit the revocation of the Oath of Supremacy to that Oath of 2. Eliz. knowing right-well that the other Oath of 28. Hen. 8. is extant in the printed Irish statute but the repeale thereof no where that I could find extant It were more honourable for this good Lawyer to take pen in hand if his joynts be not too stiffe and refute this Survey than to raile against the Author at other mens Table remove a te ospravum detrahentia labia sint procul a te I conclude with the Apostles advise I beseech you brethren marke them diligently which cause division and offences contrary to the doctrine which you have here learned and avoyde them For they that are such serve not the Lord IESVS CHRIST qut their owne bellyes and with faire speeches and flattering deceive the hearts of the simple Laus Deo Deiparaeque Omnia S. R. Ecclesiae Congregationis utriusque Cleri Hibernici judicio subjectasunto FINIS Erratasecundae partis PAg. 11. lin 23. for where reade whence pag. 13. lin he is omited p. 17. lin-21 for can reade and p. 25. lin 31. reade ontayneth p. 26. lin penult for in reade in p. 36. lin 24. who eade which pag. 44. lin 24. reade insufficient pag. 56. lin 26. reade Protestants p. 66. lin 64. reade Religion p. 79. l. 2. for 14000. l' reade 13000. l' p. 86. lin 14. reade yeelded ibid. lin 31. reade Churches yeelded pag. 94. lin 1. reade disease pag. lin 3. 97. reade us 1. Cor. 2. Gal. 1. A zor Instit moral par 3. l. 9. c. 7. â—illiuc to 2. tr 39. cap. 2. See numb 5. §. 5. 6. Glamorgans Câ—mmission Articles letter 27. February The revocation communicated to the Marques before the 29 of Iuly An objection preoccupated Psal 2. 4. Gal. 4. 30. See part 1. sup art 25. 28. Math. 6. 23. Psal 2. 4. Gal. 4. 30. Azor. Instit moral par 3. l. 9. q. 6. quaesito 4. Fillinc trac 39. Cap. 2. Kings letter 27. febr â—udic 9. 14. §. 4. l. diligenter mandati glos in c. sicui Is. 30. A zor instit moral par 3. l. 9. Cap. 6 â—ud v. pag. vlt. of his discourse of Ireland Azor supra Cap. 6. q. 5. et Filline supra Cap pastoralis de rescrip L si procurat § mandati ff mandati artic Glamorgan numb 5. Iob. 20. 16. The first argumeÌ„t proving the insufficiencie of our committees commission 2. Argument L. inter causas ff maudati l. quiae ff de Iurisd omniud l. ult ff de solut l. si quis alicu◠§. morte ff mandati Instiede mandato §. recte 〈…〉 3. Argument 4. Argument 〈…〉 Mr. Andrew Moore for this is my Author who sâ—w the letter 5. Argument 6. Argument 7. Argument 8. Argument 9. Argument Glamorgans peace not secure or honourable The NuÌ„cius urgeth the Councell to expect the Popes peace The CouÌ„ cell promise to complie with the Nuncius No firme peace could be made with Ormond Inhibition untill the King confirme the peace of Rome Pidelitie of the Irish The Church's care that loyaltie he observed to Princes 11. 5. 7. See against this 5. 19. Two Protestation sent by the Lord Nuncius The good peace rejected the worse accepted No reasonable motive to conclude this peace New warning not to conclude a peace Why the protestation was made for a while concealed The treaty of peace not discovered to the Nuncius The NuÌ„cius never assented to Ormonds peace Answers to the necessity No cause of feare More prejudice by this peace than by a warre Scire vos oportet quod nunquam ab aliquibus nostrâ—os homines sinimus â—pprimi sed si necessitas ulla occurrerit praesentaliter vindicamus quiae nostri gregis in omnibus ultores esse debemus praeciput adiutores Leo. 4. habetur c. 23. q. 8. cap. 8. omni timore ac terrore deposito contrae inimicos sanstae fidei adversarios omninm Religionum agere viriliter sludete no vit enim Omnipotens si quilibet vestrum morâ—itur quod pro veritate fidei salvatione patriae ac defensione mortuus est ideo ab eo praemium caleste consequetur idem ibid. cap 9. Seâ— Mercur Apologetic position 1. â—x can extrau commu lib. 1. tit 8. de major obed c. 1. Vâ—i supex lac de Graffijs decision 28. canonib 1. Machaâ— 2. 66. c. 3. 11. 23. c. 4. 20. 34. c. 10. c. 1 Answer 2. Answer See hereafter §. 19. 3. Anfwer The 4. answer The 5. answer 2 Reg. â—â— 26. Matth. 5. 19. Matth. â— 25. Math. 28. 20. Psal 109. 1. Chrysost in c. 1. Matth. Hieâ— â—bid contra Hcluid See hereafter §. 18. 19. 6. Answer 7. Answer 8. Answer L. Sicum l. cum quis 〈◊〉 desolut The 9. Answer The 10. Answer The 11. Answer The 12. Answer A threefold answer * Quibus cum benefeceris pejores â—…fiunt 2. Paral. 20. 17. Infra s 2. See hereafter numb 35 1. Machab 2. 47. Ezech. 13. 10. Act. 4. 5. Infra §. 19. V. Etiaâ—â— Panormitanum c. ult de restitut spoliat Azor 3. p. mor. Inst Cap. super quibusd de verb. signif Cap. caufam quaerelati N. one of the two so dyed Genes 9. Note the uncertainty when the ParliameÌ„t shall be Ecclesiasticall jurisdiction the hands of the Catholique Clergie Of the Supremacy c. * this is not takeÌ„ a way Note the obligation Num. 54. Num. 26 See above num 53. Deut. 17. 18. Matth. 18. 17. 18. 1. Cor. 5. 2 Thess 3. c TT in sup ad q. 21. a. 3. L. de poeâ—â—t c. 14. Tract 50. in Ioan q. 39. in Deut. Flodoar l. 4. hist Rem c. 5 10. 8. ep 41. id ep 22. Leg. 32. ff dâ— legibus Observat on the first art pag. Ierm 34 â—â— Cajetan Salon Aragon Ban. apud Tan. to 3. disput 4. q. 3. dub 3. nu 57. 58. ex S. Tho. 22. q. 60. a. 4. Iorem. 17. 5. Rom. 15. 5. Fol. 67. 427. 429. Irish statuts pag. 260. Declar. printed in France p. 8. n. 6. Prov. 4. 24. Rom. 16. 16. 17. 18.