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A52006 The Marqves of Clanrickards engagement of the nineteenth of November, 1646 Clanricarde, Ulick de Burgh, Earl of, 1604-1657. 1646 (1646) Wing M707; ESTC R4549 5,187 10

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be said in any Church without incurring the penaltie ordained by that law and those that are versed in the late treatie with the Lord Lieutenant doe well know and all others that saw an Instrument sent by the Lord Lieutenant in a letter of the seventh of August 1644. importing a briefe of Collections whereby the singing saying and hearing of Masse was granted may obsetve that notwithstanding that Concession the Lord Lieurenant did adde a Proviso that no Masse should be said or sung in Churches Cathedrall or Parochiall or Chappell thereunto belonging by meanes whereof and of an expresse 〈…〉 grant the Catholiques libertie to have a Catholique 〈…〉 any authoritie from the Sea of Rome and for want of 〈◊〉 Concessions in matters of Religion without Provisoes or C●●●● that would spoyle them matters of Religion were referred by the late Articles to further or other Concessions and as we are taught by the tenents of Catholique Doctrine that there can be no Catholique Religion nor essentiall parts thereof with out Bishops who in matters of Religion depend and ought to depend of the Sea Apostolique and without Priest made by such Bishops or the Pope himselfe nor the Sacrament administred without such Prelates and Pastors thereof are the exercise of Religion as to those and severall other particulars essentiall ought to be made certaine or else that the said Statuts of 2. Eliz. and the Statuts of Faculties 28. H. 8. be totally repealed as to His Majesties Roman Catholique Subjects and a provision made by act of Parliament for Roman Catholique Bishops and Pastors to be and remaine in this kingdom with impunitie Vpon consideration of the second Article where it is exprest that they shall not be disturbed in the enjoyment of their Churches or any other Ecclesiasticall possessions which were in their hands at the publication of the late Peace untill that matter with other referred alreadie receive a settlement upon a Declaration of His Majesties Gracious intentions in a free Parliament held in this kingdome His Majestie being in a free Condition himselfe It is apparant by this second Article besides what is said before that the first Article concerning the revocation of the penal lawes is not intended by the undertaking of that engagement to extend to the taking away of the penall Lawes that prohibit Masse to be said in Churches and seemeth as to the Churches to put us by our owne assent to this Proposition in worse Condition than we were by the late rejected Peace for then and still we have the resolution of the Generall Assembly expressed in an order to hold our Churches alwayes and not to part with them and now if this second Article were agreed on wee expresse onely a promissive enjoying of them untill Parliament and so are left as to that in a worse Condition then before and even untill Parliament it selfe there is no securitie at all for Churches or Church-livings within our Quarters other then the undertaking of the said Lord Marques of Clanrickard who is subject to mortalitie and changes as other mortall men and who was never yet of our union and admit this were an assurance untill Parliament the same will sall on the Kings Declaration to the Contrary if in a free Condition which Declaration to be contrary may probably be expected so long as His Majestie is of a different Religion and before that Parliament be all persons engaged or to be 〈◊〉 are subject to mortalitie upon all which we 〈…〉 at all for Churches or Church-livings As to the third it contayneth no Concession and is but an engagement of the said Lord Marques his word which is uncertaine and unsafe to rely on without mentioning what Garisons and what Catholiques in them and what number and by whom they are to be Commanded in regard the Commander in chiefe may by his order remove or alter them as he sees cause without looking after the Lord Marques of Clanrickard for advise or consent and in effect if the number to be put into Garison be not so ascertained that it may master the rest there from the Protestant partie it is but to offer our men to the slaughter and expose our selves to what Conditions they please our Army abroad being thereby diminished and the partie put into Garison subject to be removed at the pleasure of him that shall Command in Chiefe As for the fourth whither the Catholique Lieutenant Generall be of the Catholique union or faithfull to the same and what Commands to be canferred on our Generalls or Commanders or upon which of them or for what time to continue or to what Chiefe Garisons they shall be drawne or in what number or how long they shall continue there are wholly uncertaine and all the particulars are alterable and subject to the will and plesure of the Chiefe Governour for the time being The fifth onely is matter of securitie and mends not the conditions granted if the same were obtained as is propounded and if our union were dissolved by any agreement before performance what meanes is left us to expect or obtaine performance and certainely where the Lord Marques of Clanrickard grounds all he doth in this on his owne undertaking without warrant from His Majestie We cannot prudently suppose having no other grounds for it but His Majestie will disavow it when he did disavow the undertaking of the Earle of Glamorgan to the Confederate Catholiques made more solemnly to the persons wherewith the government was entrusted and who had thus far an advantage beyond the Marques of Clanrickard that his Lordships the Earle of Glamorgans Concessions were grounded on His Majesties knowne authoritie under His Seale Manuall and attested with His Royall signature Whereas the Marques of Clanrickard goeth onely on his owne undertaking As to the sixt it contained no certaine Command or order which may in future be had from His Majestie and being an uncertaine contingencie needeth no answer As to the seventh concerning his Lordships undertaking to solicite for redresse to be had in the next Parliament therein wee find no manner of assurance for all those who unjustly lost their estates in Ireland other then that the Lord Marques of Clanrickard will petition solicite perswade and use his best endeavours whereof no man is Iudge but himselfe and the event and engagement uncertaine and the act of oblivion being onely by that Instrument of engagement to extend to those that shall joyne therein and which engagement is now suddenly expected to be concluded there all others of the Nation that are absent who cannot joyne therein so suddenly and are not privy are left open to the danger of the extremities of the law both for their lives and estate And lastly we conclude that the Generall Assembly now at hand is the only meane left to conclude a certaine stable peace in this kingdome and no private or particular undertaking of any Subject unqualified with any appearing authority Besides the former inducements to satisfie you you ought seriously to consider that the Earle of Glamorgans Concessions ground on His Majesties authoritie and reade in the Generall Assembly held in Lent last and on which they wholly relyed will by these Propositions if accepted be absolutly waved contrary to the intention of the whole kingdome which we desire may be seriously reflected on amongst the rest those Concessions by many degrees being more valuable and grounded on cleerer authority then the offers or undertakings now made Ioan. Bapt. Archiepiscopus Firmanus Nuncius Apostolicus Io. Clonpert Fr. Pa. Plunket Rob. Lynch Emer Clogherensis Alex. Mac Donnell Fiers Butler Louthe N. Plunket By the Councell and Congregation VVHereas an Instrument intituled the Engagement of the Marques of Clanrickard of the nineteenth of November was presented unto us importing Propositions to induce the Confederate Catholiques to a Peace on those tearmes to the defects and uncertainties whereof exceptions are offered and what further is necessarie for the setling of the Catholique Religion and the good of the Nation otherwise and to the end all the Confederate Catholiques may cleerely see what those offers and answers are at full we have directed them to be sent to the presse and dispersed FINIS