the Archbishop of Firmano Apostolick Nuncio in Ireland UPON the Question moved among us and Debated for many Days Whether they are to be declared as Perjur'd who do receive the Peace contained in the Thirty Articles transmitted to us by the Supream Council and if they be to be Excommunicated as Perjur'd Persons The Reasons and Opinions of every one being first heard and the Writings of some Doctors of Sacred Theology read It is Decreed Nemine Contradicente That all and every one of the Confederate Catholicks who shall adhere to the like Peace or shall consent to the Maintainers thereof or otherwise embrace the same be held Absolutely Perjur'd especially for this Cause That in those Articles there is no mention made of the Catholick Religion and the security thereof nor any care had for the Conservation of the Priviledges of the Country as is found promis'd in the Oath but rather all things are refer'd to the pleasure of the most Renowned King from whom in his present State nothing of certainy can be had and the Armies and Arms and Forts and even the Supream Council of the Confederate Catholicks are Subjected to the Authority and Rule of State and Protestant Ossicers of His Majesty ☞ from whom that we might be secure we took that Oath For which and many other causes we being moved only in our Consciences and having God only before our Eyes that it may be known to all and singular as well Irish as Foreigners that we have neither given nor shall give consent to such a Peace unless secure Conditions may be added for Religion and for the King and for the Country according to our Oath and that our Flocks and all Confederate Catholicks who in General Assemblies sometimes desired our sentence in this Spiritual Affair as only belonging to the Ecclesiastical Judge may assuredly know what hath been by us determined that in that Sense they as Pious and Faithful Catholicks may concur We have commanded this Decree to be Written and in all Places published in the English and Irish Tongues and have firmed it with our Hands and Seals but the other Question of Excommunication we have reserv'd to the next Session Dated at Waterford the 12 th of August 1646. Jo. Baptista Firmanus Nuncius Apostolicus Fr. Tho. Dublin Tho. Cassiliensis Fr. Boetius Elphin Fr. Patricius Waterford c. Lismore Jo. Laonensis Jo. Clonfertensis Fr. Edm. Laghlensis Rich. Ardfertensis Accadens Franciscus Aladensis Edm. Limiricensis Emerus Cloghorensis Nicholaus Fernensis Fr. Jacob Conaldus Abbas Benchonan Fr. Patr. Plunket Abbas B. M. Dublin Fr. Lan. Fitzharris Abbas de Sur. Fr. Jo. Cantwell Abbas de S. Cruce Fr. Jacobus Tobin Abbas de Kilcool Rob. Barry Vic. Apost Rossen Donaldus O Gripha Funiburiensis Fr. Geo. Farrell Prior Provinc Ordin Predicator Fr. Dionisius O Driscol Prior Provincial Erenâ—it S. Aug. Edm. O Teig Procurator Illustrissimi Armachani Gualter Linch Vicar Apost Tuam Gulielmus Burgat Vic. Apost Imaâ—ciensis Jacob Dempsy Vic. General Kildariensis Cornelius Gafneus Ardensis Vic. General Ol. Dese Vic. General Midensis Dominicus Roch Vic. General Corcag Simon O Connory Vic. General Cluanensis Edm. Giraldinus Vic. General Cluanmacnoise Carolus Coghlan Vic. General L Robertus Nugent Superior Societatis Jesu Fr. Anthonius Macgohigan Procurator Provincialis Fratrum Minorum Fr. Barnabas Barnwell Commissarius General Capucinorum Append. XXXI By John Baptist Rinuccini Archbishop and Prince of Firmo and by the Ecclesiastical Congregation of both Clergies of the Kingdom of Ireland A Decree of Excommunication against such as adhere to the late Peace and do bear Arms for the Hereticks of Ireland and do Aid or Assist them NOT without cause saith the Oracle of Truth doth the Minister of God carry the Sword for he is to punish him that doth Evil and remunerate him that doth Good Hence it is that we have by our former Decrees declared to the World our Sense and just Indignation against the late Peace concluded and published at Dublin not only iâ— its nature bringing prejudice and destruction of Religion and Kingdom but also contrary to the Oath of Association and withal against the Contrivers and Adherers to the said Peace in pursuance of which Decrees being forced to unsheath the Spiritual Sword We to whom God hath given power to bind and loose on Earth Assembled together in the Holy Ghost Matt. 16. 18 19. tracing herein and imitating the Examples of many Venerable and holy Prelates who have gone before us and taking for our Authority the Sacred Canons of holy Church John 20. 23. grounded on holy Writ Vt tollantur e medio nostrum qui hoc opus faciunt Domini nostri Jesu deliver over such Persons to Satan that is to say We Excommunicate Execrate Anathematize all such as after the Publication of this our Decree and notice either privately or publickly given to them hereof shall Defend Adhere to or Approve the Justice of the said Peace and chiefly those who bear Arms or make or joyn in War with for or in behalf of the Puritans or other Hereticks of Dublin Cork Youghall or other Places within this Kingdom or shall either by themselves or by their appointment bring send or give any Aid Succour or Relief Victuals Ammunition or other Provision to them or by Advice or otherwise Advance the said Peace or the War made against us Those and every of them by this present Decree We do declare and pronounce Excommunicated Ipso facto ut non Circumveniamini a Satana non enim ignoramus Cogitationes ejus Dated at Kilkenny in our Palace of Residence the 5th day of October 1646. Signed Johannes Baptista Archiepiscopus Firmanus Nuncius Apostolicus de Mandato illustrissimi Domini Nuncii Congregationis Ecclesiasticae utriusque Cleri Regni Hiberniae Nicholas Fernensis Congregationis Cancellarius Append. XXXII General Preston's Engagement the 21st of October 1646. I Thomas Preston General of the Forces of the Confederate Catholicks of Ireland raised in the Province of Leinster do Swear and Protest that I really intend and will to the uttermost of my power sincerely and effectually prosecute the Service wherewith I am intrusted by the Council and Congregation of the said Confederate Catholicks in the imployment of General of Leinster and particularly in the present Expedition and Design upon the Enemy in the City of Dublin and to that end will to the best of my skill and knowledge Direct Guide Order and Advance with the Army under my Command and will to the uttermost of my Power Use and Exercise all Acts of Hostility against the Lord Marquess of Ormond and his Party when where and as often as I may and them Annoy and Indammage as much as in me shall lie and that I will with all Reality Diligence and Sincerity Help Advise with Counsel and Assist in that Service the Lord General of Vlcter now also with his Army imployed in that expedition So help me God and his holy Gospel Thomas Preston General
May 〈◊〉 requiring him to stay till the Lord Chancellor Gerard to whom the Queen had granted Licence to transport Yarn non obstante the Statute and whom she commends exceedingly should arrive which hapning in August the Deputy by the Queens Orders surrendred to Sir William Drury on the twelfth of September and had Leave to go for England Henry the Eighth was this Godfather and Edward the Sixth his Companion and so fond of him that he died in his Arms And undoubtedly he was Cambd. Eliz. 231. as Cambden says One of the most commendable Deputies that ever was in Ireland Sir William Drury Lord Deputy was sworn in Christ-Church Dublin on the fourteenth day of September and on the twenty ninth he began his Journey to Munster being accompanied by Sir Edward Fitton and others of the Council and by their Letter to the Queen of the twentieth of November they shew the necessity of a President of Munster and that upon the 〈◊〉 of its Suspension the Irish Lords thought they lost time if they did not immediately resort to their former Tyranny Lib. S. S. S. they give some Instances and particularly of the Lord Roch who kept a Freeholder who had eight Plow-lands Prisoner and Hand-locked him until he had surrendred or released seven Plow-lands and an half of them upon agreement to keep the remaining half Plow-land free but when this was done the Lord Roch extorted as many exactions from that half Plow-land as from any other half Plow-land in his Country and that both the Lords Barry and Roch without Right or Process that very Harvest took away all the Corn from the Farms of those Tenants they had Controversy with or spight to and even the great Men were under the same Oppressions from the greater for the Earl of Desmond forcibly took away the Seneschal of Imokilly's Corn from his own Land although he was one of the most considerable Gentlemen in Munster which I observe to shew the difference between English Government and Irish Tyranny And it must not be forgotten that in October Matthew Sheyn Bishop of Cork burnt St. Dominick's Image at the high Cross of Cork to the great grief of the superstitious People there The Lord Deputy in his way to Limerick lay at Castleton Roch but the Earl of Desmond being at odds with the Lord Roch would not got go thither and the Deputy was afterwards troubled that he went thither when he understood that the Lorch Roch cessed his Tenants for the Deputies Entertainment The Deputy found the Earl of Desmond and the Earl of Glencar at so great difference that they were almost ready to draw into the Field as was usual their contest was about the Bounds of Kerry viz. Whether Macarty's Lands were within the County Palatine of Kerry or not Neither were the feuds between the Butlers and Giraldines any thing less than the other October 1578. both sides had made great Preparations for Battle but the Lord Deputy interposed effectually to determine or at least suspend these Controversies and he also perswaded Desmond to take a certain Rent of his Tenants instead of Coin and Livery and he Executed twenty two Criminals at Limerick and thirty six at Kilkenny one of which was a Blackamoor and two others were Witches and were condemned by the Law of Nature for there was no positive Law against Witchcraft in those Days Moreover the Lord Deputy bound several Citizens by Recognizance of forty Pound to come to Church to hear divine Service every Sunday pursuant to the Queen's Injunctions and he advised the Bishop of Ossory to make a Rate for the repair of the Church and to distrain for it and so having punished some Townsmen of Cork and Kilmallock for abusing the Soldiers and having received the Submission of Sir James Desmond Sir Pierce Butler and all the Cavenaughs he returned to Dublin In the mean time that indefatigable Rebel James Fitz-Morris nowithstanding his Oath of Allegiance taken before Sir John Perrot at Kilmallock went over to France Camb. Eliz. 236. and having two Years sollicited that King in vain he made a more successful Address to the Pope and the King of Spain by whom being furnished with a few Men and some Money 1579. he came accompanied with the Jesuits Allen and Sanders who was also Legate and out of his three Ships Landed fourscore Spaniards and some Irish and English Papists at Smerwick in Kerry in the latter end of July 1579. Immediately they built a small Fort and drew up their Ships under it and the Legate Sanders hallowed the place and promised them success but Captain Thomas Courtny being at Kinsale with one of the Queens Ships at the perswasion of Henry Davells doubled the Point and took the three Ships in the Bay and put the Spaniards into a Pannick Fear notwithstanding the Pope's Blessing However Sir John and James of Desmond as soon as they had not notice of the Invasion hastned to their Cozen James Fitz Morris and were at first kindly received but Sir John easily perceived a coldness towards him and that the Rebels entertained some Jealousies of him because of his Familiarity with his old Friend Henry Davells and therefore to establish his Reputation with them Sullevan 95. Camb. Eliz. 237. per aliquod facinus dignum as Mr. Sullivan phrases it he basely and perfidiously Murthered his Bosom-Friend Dâ—vells and one Carter at Traley and left a fair Caution to Posterity which has been simply and fatally neglected by those that pay dear for it at this Day however the Legate Sanders commended the Fact and said it was a sweet Sacrifice in the Sight of God The Earl of Desmond was as deep in this Rebellion as any body as is manifest from the following Confederacy WHereas the Right Honourable Garret Lib. C. Earl of Desmond hath Assembled us his Kinsmen Followers Friends and Servants about him after his coming out of Dublin and made us privy to such Articles as by the Lord Deputy and Council was delivered 〈…〉 eighth of July 1579. To be performed as also his 〈…〉 the said Articles which said Answers we find so 〈…〉 with one accord do counsel and advise the said 〈…〉 nor yield to any more than in his Letter is 〈…〉 and further the said Earl declared unto us that if he do not yield presently to the Performance of the same Articles and put in his pledges for observation thereof that then the Lord Deputy will bend his force and make War against him We the Persons underwritten do advise and Counsel the said Earl to defend himself from the violence of the said Lord Deputy that doth ask so unreasonable a Demand as in the said Articles is contained and for to defend and stick to this our Advice and Council we renounce God if we do spare Life Body Lands and Goods but will be aiding helping and assisting the said Earl to maintain and defend this our Advice against the said Lord Deputy or any
the preposterous Courses they took For they were taught That the Pope was by Divine Right Universal Monarch and Governor of the World P. W. Remonstrance in Preface 6 7. and had Independent Sovereign Authority over Kings and Subjects in Temporal as well as Spiritual Concerns That he might Deprive and Dethrone Kings and had Power of both Swords to which every Soul upon pain of eternal Damnation was bound to give Obedience That he had power to absolve from all Oaths and that those who are slain in the Quarrel of the Church against an Excommunicated Prince die true Martyrs of Christ and their Souls fly to Heaven immediately So that it is no wonder that a People for the most part abounding in Ignorance and Bigotry tempted by the Hopes of Profit in the Plunders and Success of the War and stimulated by a National Malice against the British should be guilty of all that Cruelty and Treachery which they thought Meritorious and was in their Opinion conducive to their main Design of Extirpating the Protestants This tedious and bloody War which was at first begun by the Papists against the Protestants to support the King's Prerogative and suppress the Puritans as they pretended met with such prodigious Turns and Vicissitudes in the Progress of it that the most virulent Faction of the Papists joyn'd with the Puritans and fought for them against the King and against one another and all the Parties in the Kingdom which were * King Ormond Parliament Cooâ— Covenanters Lord of Ardes Supreme Couucil Preston Nuncio Owen Roe Five did one time or other in the War fight against the Faction it had formerly sided with But because this War was on the King's part managed by the Marquis since Duke of Ormond first in the Quality of Lieutenant General and afterwards as Lord Lieutenant it is necessary that according to my former Method I give some Account of Him which perhaps cannot be better done than from a MS. I accidentally met with wherein there are some short memorable Strokes of Him and his Family not unfit to be communicated to the Reader and therefore I have transcribed it as followeth 1. He was born at Clerkenwell in London on the Ninteenth of October 1610. and died at Kingstonhall in Dorset-shire on the 21th of July 1688. This was the 78th Year of his Age in which time he had seen Four Kings and served Three of them for 57 Years with an unshaken Zeal to the Crown 2. That he had seen Three Generations above him as maâ—â—ely his Father Thomas Viscount Thurles his Grandfather Walter Earl of Ormond and his great great Uncle Thomas Earl of Ormond who being a Black Man was commonly called by the Irish Thomas Duff This Thomas who was also Earl of Ossory was a Man of high Courage and Endowments and much favoured by Queen Elizabeth as being also Kinsman to her Mother He was Knight of the Garter Lord Treasurer of Ireland and General of the Army there He lived to the Age of Eighty seven Years and in the Reigns of Five Kings and Queens and died in 1614. So also had his Grace seen Three Generations below him as namely his Son Thomas the Renowned Earl of Ossory his Grandson James the present Duke and his great Grandson Thomas who was playing in the Room before him but a few Hours before his Death 3. That he had for some Years sat with Two of his Sons the said Thomas Earl of Ossory and Richard Earl of Arran in the House of Peers in England and his eldest Son was Knight of the Garter at the same time with Himself 4. That if the Siding and Partaking with the House of Lancaster in the Ancient Quarrels with the House of York which divided and at one time or other involved the whole Nation may pass for nothing it will not appear in all the Records that any Staln of Disloyalty was ever imputed to any that were the Chief Branch of this Family for Five hundred Years 5. That his Grace not to count what Titles they had before was the Twelfth Earl of Ormond and the Seventh of that Name of James He who was the Second James and styl'd The Noble Earl as being by his Mother de Bohun Great Grandson to King Edw. I. was thrice Lord Justice of Ireland And the Fifth James being by Hen. VI. made also Earl of Wiltshire Knight of the Garter and Lord Treasurer of England was Five times made Lord Deputy and Lord Lieutenant of Ireland and had a Patent of it for Twelve Years His late Grace the Seventh James was Lord Lieutenant Four times which in all took in about Twenty four Years And if we shall reckon how many of this Family and how often they have been concern'd in that Government it thus appears That from the 31 Hen. 3. 1247. when Theobald Butler Lord of Carrick was made one of the Lords Justices to 1 Jac. 2. 1684. that his Grace was dismist from being Lord Lieutenant there have in the space of Four hundred thirty seven Years been Ten of this Family who have Seven and twenty times been either Lords Justices Lords Deputies or Lords Lieutenants of that Kingdom These Instances are perhaps sufficient to give the Reader some farther Curiosity to know by what Steps this Great Man grew up into the World who had a various and difficult Part in those Revolutions that befel Three Kingdome and the Monarchs thereof And inasmuch as they seem to reflect some Light on part of the following Story I will venture to add what I also found in the same Manuscript as followeth That the said Thomas Duff having no other Issue than his Daughter the Lady Elizabeth he first married her to his Nephew Theobald Viscount Tullough who was a Protestant as well as himself But he soon dying Childless and the young Widow being made very considerable in her Fortune by the Father's Indulgence there came Sir Richard Preston a Scotchman who being much favoured by King James and fortified by His Credentials he obtain'd the Lady and was made thereupon Lord Dingwell in Scotland and Earl of Desmond in Ireland This Earl soon began to stretch and enlarge his Pretensions to the Estate But Earl Walter the Heir at Law opposed him King James was pleased to take upon Him the Arbitration between them but did it with such partiality as Earl Walter thought that he chose rather to be thrown into the Fleet as for Contempt than to submit There he lay a Prisoner for Eight years together his whole Estate Sequestred and Extended his County Palatine of Tipperary which had been Three or Four hundred years in the Family seised by Quo Warranto into the King's Hands and he reduced to a shameful Want The Duke of Buckingham was active in this Oppression but the Cry of it grew so lowd at last that the King relented for what he had done In these Troubles it was that his Grace's Father Thomas Viscount Thurles coming over to prosecute in
are so well assured of yours and our Councils entire confidence in the Justice and Piety of our Resolutions in what concerns the maintenance of the true Protestant Religion and particularly of the Church and the Revenues thereunto belonging and our constant care of our good Subjects of the same in that our Kingdom as we do not think it needful to say any more to you upon that Subject than what hath been sufficiently declared by the practice and profession of our whole life yet to the end that your zeal may be the better interested in that particular whereby to certify such of our Subjects as might be apt to be misled by the subtilty and malice of our Enemies we thought fit to let you know the whole truth of what hath passed from us to the said Earl whereby he might in any wise pretend to the least kind of Trust or Authority from us in what concerns the Treaties of that Kingdom The truth is that the pressing condition of our affairs obliging us to procure a Peace in that Kingdom if it might be had upon any Terms safe to our Honour and Conscience and to our Protestant Subjects there and finding also that the said Peace could not be gained but by some such Indulgence to the Roman Catholicks in the point of freeing them from the penalties imposed upon the exercise of their Religion which although justly and duly we might grant yet happily in a publick transaction could not be without some scandal to such of our good Subjects as might be apt to be wrought on by their Arts who have continually watched all advantages to blast the integrity of our actions we thought fit over and above our publick powers and directions to our Lieutenant to give our private instructions and powers to assure the Roman-Catholicks in a less publick way of the said exemption from the penalties of the Law and of some such other Graces as might without blemish to our honour and conscience or prejudice to our Protestant Subjects be afforded them With the matter of these Instructions to you we thought fit to acquaint the Earl of Glamorgan at his going to Ireland and being confident of his hearty affections to our Service and withal knowing his interest with the Roman-Catholick Party to be very considerable we thought it not unlikely that you might make good use of him by imploying that interest in perswading them to a Moderation and to rest satisfyed upon his engagement also with those above mentioned Concessions of which in the nice condition of our affairs you could give them no other than a private assurance To this end and with the strictest Limitations that we could enjoyn him meerly to those particulars concerning which we had given you private instructions as also even in that to do nothing but by your special directions ☞ it is possible we might have thought fit to have given to the said Earl of Glamorgan such Credential as might give him credit with the Roman-Catholicks in case you should find occasion to make use of him either as a farther assurance to them of what you should privately promise or in case you should judge it necessary to manage those matters for their greater confidence apart by him of whom in regard of his Religion and Interest they might be the less Jealous This is all and the very bottom of what we might possibly intrust to the said Earl of Glamorgan in this affair which as things then stood might have been very useful to our Service in accelerating the Peace and whereof there was so much need as well for the preservation of our Protestant Subjects there as for hastning those necessary aids which we were to expect from thence had we had the luck to imploy a Wiser man but the truth is being very confident of his affection and obedience we had not much regard to his abilities since he was bound up by our positive Commands from doing any thing but what you should particularly and precisely direct him to ☞ both in the matter and manner of his Negotiation wherefore our pleasure is that the charge begun by the Lord George Digby our Secretary according to his duty be throughly and diligently prosecuted against the said Earl and so no way doubting of your and our Councils farther care there to correspond to your beginning in a matter so highly concerning us We bid you heartily farewel Given the One and Thirtieth of January 1645. Append. XXIX The Determination of the Popish Clergy about restoring the Churches c. to the Protestants In the Name of God Amen WHere a question of most high concernment and meerly touching the publick profession subsistence and safety of the Roman Catholick Religion throughout this Kingdom of Ireland was proposed to us the undernamed Prelates Dignitaries and others of the secular and regular Clergy of the Convocation House in Killkenny viz. whether supposing the known approved and applauded Justice and Lawfulness of this our present Catholick War in this and Foreign Kingdoms upon a Treaty of Peace now to be concluded between us and the other Party adhering to His Majesty by his Majesties special Commission for the safety of Lives Liberties and Estates of our Confederate Catholicks the said Confederate Catholicks be bound in conscience by vertue of their Oath of Association or other tye to make an express Article with the Protestant Party for keeping in our Hands such Churches Abbies Monasteries and Chappels now in our Possession and recovered by us for the true Worship of God where it is to be observed that it is suggested that if any such Article be made his Majesty will break off and consent to no Peace between us and the above specified Party to the great danger of the Estates Lives and Liberties of all our Party And as it is further urged and suggested that in not demanding such an express Article as above his Majesty will grant us Toleration of our Religion We therefore after invocating the assistance of the Holy Ghost and after mature deliberation of the said question and all circumstances thereof do answer declare and resolve with an unanimous assent and consent of us sitting together in the said House of Convocation that conformable to the tenour and true meaning of the said Oath of Association the principles of Laws and Divinity the said Confederate Catholicks are bound in conscience absolutely expresly and clearly to set down in the said Treaty of Peace a special Article to the effect meaned in the case and in case the said Article be not consented unto and that the said Confederate Catholicks proceed to agreement for other temporal points without such Article as above we do declare them to be Violaters of the Oath of Association and Transgressors of the Divine Law Witness our Hands the First of June 1645. Appendix XXX By the Assembly Ecclesiastical of the Superior and Inferior Irish Clergy met in the Holy Ghost at Waterford before the most Illustrious Lord