esteeming any Machiuilian policie which herein they might forsee but being caried away with the firme allegiance they ought theire King and fervent desire they had to aduance his seruice by universall and unanimous vote condescended to the Marques his request and gaue him with all in mony to assist his maiestie in that expedition 3000-pounds The monyes were receiued by the marques as then was bruited the Catholike confederats provided on theire parts but neither then nor after would the marques of Ormond euer goe into the field either with his owne forces aparr or ioynd with ours against the Scots nay if we may give credit to the probable coniectures and strong presumptions of many his Excellencie had some influence and concurrance in the invasion made by the Scots into Conaught and other parts of Ireland and it was observed that upon such inuasions and other defections of the Enemie his Excellencie endeauoured to draw our people to this uniust peace obiecting unto us how could we resist so many Enemies wherein he had enough of mercenaries in our owne bosome who plaid the advocates for him see more § 5. 16. It is also observable that our Councell and Committees had notice of the forsaid letter dated 16. Februarie 1644. the next Iuly following yet did they neither publish it nor make use therof in the treatie of peace by causing the marques to ioyne with them against the Scots or Inchequin according to his Maiesties direction either aftet the peace was concluded or before during the continuance of the Cessation see aboue in the first part and in the Marques his answere to our 7. and 8. proposition where euery impartiall iudgment may discouer how farre the Marques was from giueing obedience to his Maiesties directions in this particular and what merueile is it he fauour affect and cherish those who Were then used as instruments to persecute the Catholikes and now lately called upon by the Marques himselfe to assist the hereticks of Dublin The king as yow may see by this letter was glad to giue us a remuneration for condescending to a Cessation being then necessitated but our Committees would take noe notice therof they euermore cast the necessite on our selves and in lieu of accepting graces from his Maiestie they wasted the monyes of the kingdome on the subiect 17. Our distressed soueraigne by his missive of the 16. of April 1646. advertised the Marques of Ormond that he receiued very good securitie that he and all that did or should adhere unto him should be safe in theire persons honour and Consciences in the Scotish Army an that they would reallie and effectuallie ioyne with his Majestie for his preservation and employ theire armies and forces to assist him with whose assistance and with the conjunction of the forces under the Marques of Montrosse in Scotland he would indeavour to procure an honorable and speedie peace in England which resolution he praied the Marques of Ormond to communicat to his Councell and his loyall subiects with him Among these loyall subiects it pleased the Marques of Ormond to register Major General Monro unto whom by his letters dated 21 may 1646. he communicated the kings forsaid resolution in this dialect Sir having this morning rereiued a dispach from his Maiestie and command to impart it not onely to his Councell but to all his loyall subiects I am confident yow haue soe good a title to aknowledge thereof as I have held it my part instantlie to dispache it unto yow by an expresse and soe sir wishing yow all happines I rest your assured humble servant Ormond here I observe first that Monro and such other Couâ—nantiers who have sworne the oath of Couenant against the king and his Monarchie and made warre these foure yeares past against him are in Ormonds Calender Loyall subiects though in his Maiesties Calender they be notable Rebels and therfore he admonisheth Ormond to ioyne in armes with the Irish against them from whence this sequel may be rightlie deduced to giue the gouernment of the Citties forts c. within our quarters or the Command of our armies unto Ormond is in effect to giue them unto Monro and his fellow Couenantiers 2. I observe that the Marques ioyned with the Scots against us whereas the king commanded him to ioyne with us against them 3. I observe that the Scots in England have beene soe farre from ioyning theire forces with our partie the Marques of Montrosse in Scotland as they haue made him lay downe his armes and render unto them what forts Citties c. he had in his possession noe better securitie or effects may the Confederat Catholikes expect by any conjunction with Ormond if therin he shall haue the chiefe Command or gouernment Other observations I omitt haveing heard before the impression hereof some good newes of Leslyes conjunction with Antrim and of a happie victorie by them obtained against the Parliamentaries God grant it bee true To concurre with the English Parliament to dethrone theire owne naturall soueraigne who hathe beene the greatest hoÌ„our that euer Scotland had coÌ„sidering the amplitude of his dominions is a thing soe Vnnaturall as heaven and earth may be astonished at it T were better be subiects to him than slaues to his Rebellious subsects the Parliament dixeruntque omnia ligna ad rhamnum veni impera super nos for the Scots forwarning herein and the incitation of all faithfull subiects to take armes against that rebellious merciles Parliament of England I will presume on the Readers favour to licence me to A difgression wherin the Parliament of England hathe manifested theire impudencie against the Scots and theire horrid treason against theire and our natural liegelord QVEREES TO FIND OVT WHO IT IS THAT HOLDS OVT IN ARMES AGAINST THE STATE OF ENGLAND SEing the King is our prisoner as in the Scottish Army who by contract are our servants and our Army and therefore not to do what they list but what we coÌ„mand them seeing they receive pay from us as meer mercinaries and serve not freely as brethren therefore if our State representative the chosen Commons of England assembled in Parliament shall give Order to the State of Scotland for tht King presently to disband all his Forces in England Ireland or else-where and to deliver up all Townes and Garrisons unto our States hand Quere I say if it be not done thereupon if wee may not conclude that it is the Scots hold up Armes against our State for the King being our Prisoner and in their power our servants hath no power but must do as they will and they will do as they list for him For if they of themselves can prostrate their owne opposite armes of Montrosse and put his name thereto for a cullour as if done by him or inforce him to doe it to cullour their doing why not the same forme upon order from our State aforesaid why oh English States is not this assayd to discover who it
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
they knew in theire owne soules the king will neuer be able whilst he remaine in his present wofull Condition to grant vs what alreadie he hath commanded to grant vs let nothing be referred to vncertainties but obtaine an actuall execution of these Commands and graces which the king hath alreadie granted vs and which is due vnto vs by our birth right saith the kingdome and that is not don how seuerly the ancient Iurists or Canonists haue censured such kind of Commissioners who vel ex culpa leuissima doe thus neglect or sleight the execution of the Commands giuen and what punishment are to be inflicted on them are expressed in the Canons and schoolemen wherunto we referre the learned Readers 26. Obserue I beseech yow the motiues that induced his Majestie to command the repeale of the penall lawes and suspension of Poynings act the preseruing of his protestant subiects and the kingdome of Ireland from the Scots to encourage his Irish subiects to assist him against the English and Scotish Rebels to represse the rebellion in England and to aduance the kings seruice in Scotland by our friends there The kings Commissioner and ours haue gon the cleere contrarie way to worke and as by Preposterous accelarating this peace they haue giuen a maine impediment to the prosecution of our victories in Vlster and Connaught soe haue they by theire compliance with one an other hindred the succours which the kingdome commanded to be sent for his Majestie by Antrim into Scotland and by Glamorgan into England Note I pray yow the words of the letter of the 27. of februarie for theire the Irish satisfaction I doe therfore command yow to conclude a peace with the Irish what euer it cost A generall command yow see this is which hath noé other modification or restriction than soe as my protestant subiects there may be seoured and my regall authoritie preserued the later part the Irish haue sworne to doe in theire oath of association oath of fidelitie and in theire seuerall protestations and declarations wherunto the doctrine of the Catholike religion which in opposition to all sects maintaineth monarchie and regall authoritie addeth a further obligation The former to witt the securitie of his Maiesties Protestant subiects the Catholike Consederats haue assured in theire seuerall declarations and are readie to giue such further assurance as the law of God and charitie can oblige them to giue in that case adding further that they shal be more secure and safe among the Consederat Catholikes than among the Parliamentarie Rownd-heads who haue spilt most vnnaturallie and barbarously more Protestants blood in England and that causleslie than ouer the Catholikes since these warres haue in theire owne defence spilt in Ireland The Protestants themselues may reade carefullie the Treatie or conference latelie past in Dublin betweene his Excellencie the Marques of Ormond and the fiue Commissioners of the Parliament and glasse theire owne miserie By Protestants we vnderstand such as professe the protestant doctrine established in England an 1562. and comprized in the 39. articles and not any new Parliamentarie Protestants who as they haue demolished the ecclesiasticall hierarchie maintained in the said articles soe haue they as much as in them lay monarchicall gouernment such a brood of vipers which deuoureth both Church and state king and Prelat may not be licenced to cohabit with the Confederat Catholikes Qui enim dicit illis ave Communicat operibus eorum malignis 27. Obserue further that according the forsaid letter the authoritie to coÌ„clude a peace is entirely in the Marques yet hath hiâ— Excellencie euermore assumed to his assistance and ioynd in a manner in the same authoritie with him those of the priuie Councell in Dublin who for the most part of them are knowne to haue either adheared to the Parliament or to haue beene impeached of high-treason by the kingdome they fearing theire heads would neuer suffer or aduise the Marques to condescend vnto a good peace And if my author who liued in Dublin and was an eye-witnes of what he related vnto me may be belieued those very porsons who were knowne to adhere to the Parliament euen those foure who for that cause were once commiâ—ted to the Castle by the Marques haue had in the Ins there priuat Conuenticles together with the lord Chancellour lord lowther and Maurice Eustace who I meane the three last after theire priuat consultation there would repaire to the priuie Councell in the Castle where theire aduise as learned in the lawes was followed in promoueing this Peace and theire aduise was instilled according the infusions receiued in the Parliamentarie priuat Conuenticles soe this inference may seeme more than probable whatsoeuer was don in promouing and concluding this peace was not done according the direction and Commands of his Majestie but according the advise and and Councell of Parliamentarie Rebels The effects proue the veritie of this inference 28. To conclude the king holds it not a hard bargaine to grant vs the repeale of the penall lawes and the suspension of Poynings act soe we freely and vigorouslie engage our selues to his assistance noe other condition of secureing his protestant subiects or preseruing his regall authoritie doth herequire of vs for conferring on vs those two graces which I wish those Gentlemen did take notice of who when they were questioned by the Congregation wherfore they laboured not to obtaine the benefitt of the graces by this letter conferred on vs and to cause the fame to be inserted in the articles of peace excused the Marques of Ormond or rather themselues saying that there were other conditions added in the letter which yow see is not consonant to truth for soe much as concernes these parricular graces other more ample graces might be also granted by the Marques vnto vs if we secured the Protestants and preserued regall authoritie for on those more ample conditions the king commanded him to make a peace with the Irish whateuer it cost and aggrauateth the matter more earnestlie in the conclusion of his letter affirming that to gaine our assistance against the Rebels of England and Stolland no conditions can be hard not being against conscience and honour wherein euermore he supposeth the repeale of the penall lawes and suspension of Poynings act to be neither against conscience or honour or against the securitie of his Protestant subiects nay we shall els where demonstrat it that our kings of England are tyed by the ligatures of promise royall past by thire royall progenitors and solemne oath taken at theire Coronation at least indirectlie to repeale the said penall lawes in asmuch as they haue beene surreptitiously enacted in these later dayes of defection against that Catholike faith which our king by the said promise and oath haue beene obliged to defend and maintaine I must not here passe by that the king commaÌ„ds the repeale or present taking away of the penall lawes without any lymitation or exception the Marques of
Church did positively recall all Commissions given to such Committees or Agents as the Clergy of Ireland hath done in this present peace How generall soever a Commission may be yet this exception is alwayes involved therein that nothing that is unlawfull may be done by vertue thereof mandatum si generale sit solum prohibet quae licita non sunt which the law exemplyfieth by this case if a Commission be given to elect any one in generall tearmes to any dignity office or benefice it is to be understood that a fit one be chosen Vnde mandatum de aliquo eligendo intelligitur de eligendo idâ—neo What could be done more unlawfull in the execution of any Commission than what hath beene done by our Committee of Treaty in the execuâ—ion of their commission they rejected the graces our Soveraigne granted unto us for gayning whereof they had a Commission and engaged the kingdome in matters of high concernment for which they had no commission Can that peace be a good peace wherein thereis no securitie for our Religion lives liberties or estates The limitation of our Committee of treaties Commission proved out of the Modell of government by which Magna Charta is to be maintayned and the Church livings granted to the Catholicke Clergy 39. In the very first Article of the Modell of Government I reade thus Inprimis That the Roman Catholicke Church in Ireland shall have and enioy its priviledges and immunities according tâ— the GREAT CHARTER enacted and declared within the Realme of England in the ninth yeare of the raigne of King Henry the second sometimes King of England and Lord of Ireland and ofterward enacted and confirmed in Ireland and that the common-law of England and all the statutes in force in this kingdome which are against the catholicke Roman Religion and liberties of the Natives Marke the resolution to procure the repeale of the penall lawes c and other subiects of this kingdow shal be observed c. That every branch of MAGNA CHARTA all other statutes confirming expounding or declaring the same shal be punctually observed Know yee saith the King in that Charter That we in the Honour of Almighty GOD the SALVATION of the SOVLES of our Progenitors and Successors Kings of England to the ADVANCEMENT of HOLY-CHVRCH and the amendment of our Realme of our meere and free-will have given and granted unto the Archbishps Abbots Pryors c. That the Churches of England shall be free and shall have all her whole rights and liberties inviolable Reserving to all Archbishops Abbots Pryors Templers Hospitlers Earles Barons and all persons aswell Spirituall as Temporall all their free liberties and free customes which they had-in times past and all these customes and liberties aforesaid which we have granted to be holden within this our Realme asmuch as pertayneth to us and our heires we shall observe And all men of this our Realme aswell Spirituall as Temporall asmuch as in them is shall observe the same against all persons in likewise This great Charter which contayneth the immunities of the Church and liberties of the Subject hath beene confirmed by thirty Parliaments in the succession of 18. Kings Edward the third in the 14. yeare of his raigne augmented the same by the addition of five speciall priviledges granted the Church and Clergy and in the 25. yeare of his raigne added a surplus of nine priviledges more And this is it which the Earle of Glamorgan hath in part granted unto us and which our Kings of England have sworne to maintayne unto us Henry the 8. indeed deprived us of the benefit thereof I wish our owne bosome friends at home had not too neerely imitated him In all the articles of peace there is not somuch as once mention made of this GREAT CHARTER though it be the first and prime article the kingdome resolved to insist upon 40. In the six and twentieth Article of the same Modell of Government It is ordered and established that the possessions of the Protestant Archbishops or Bishops Deanes Dignitaries and Pastors in the right of their respective Churches or their Tenants in the beginning of these troubles shall be deemed taken construed as the possessions of the Catholicke Archbishops Deanes Dignitaries Pastors and their Tenants respectively to all intents purposes and that those possessions are intended within the precedent order for setlement of possessions And this publicke order of the kingdome you see is conformable to MAGNA CHARTA for somuch and agreable to the publick Declarations of the kingdome and other acts of Assembly The like limitation of the same Commission is expressed in both our declarations made anno 1642. 41. In our Declaration printed in France 1642. we declared it to be a meanes to reduce Ireland to peace and quietnes among other things that by act of Parliament it be declared that the Parliament of Ireland hath no subordination to the Parliament of England that Poynings act the penall lawes be repealed That all Marks of nationall distrinction betweene English and Irish be taken away by act of Parliament That the Bishopricks Deaneries and all other spirituall promotions of this Kingdome and all Frieries and Nunneries may be restored to the Catholique owners and that Impropriations of tiâ—hes may be likewise restored and that the scity ambits and precincis of the Religious houses of the Moâ—ks may be restored to theÌ„ but as to the residue of their temporall possâ—ssions it is not desired to be taken from the present proprietareis but to be left to them untill that God shall otherwise encline their owne hearts That all Plantations made since a. 1610 may be avoyded by Parliament if the Parliament should hold this act â—ust and their possessions restored to those or their heires from whom the same was taken they neverthelesse answering to the Crowne the rents and services proportionably reserved upon the undertakers 42. In our Remonstrance delivered to His Majesties Commissioners at the towne of Trim 17. March 1642. among many other grievances we desired redresse against the penall lawes of 2. Eliz. imposing incapacities on the Catholiques in places of trust honour or profit both in Church and Commonwealth against false inquisitions taken upon feined titles of the Catholiques estates against many hundred yeares possession against the two impeached Iudges who illegally avoided 150. letters patents in one morning for securing the subjects lives liberties and estates for exempting the Parliament of Ireland from any dependency on the Parliamâ—nt of England and for the power and authoritie of the same Parliament of Ireland against the dismembred Parliament of Dublin against the Continuance of poynings ast the lawes and incapacitie to sit in the next Parliament While our Commissioners the Lord Viscount Gormanston Sir Luke Dillon Sir Robert Talbot and Iohn VValsh Esquire presented this Remonstrance to his Majesties commissioners at Trim 17. March 1642. with hopes of redresse for our grievances and a happy accommodation the Marques of
the Supreme moderator decided the pious controversie and gave sentence as it may seeme for the resolution of the Clergy when by the articles of the peace concluded upon betweene the Earle of Glamorgan and the Confederate Catholickes his Majesty was pleased to grant unto the Clergy what they demanded herein 48. How our late Councell and Committees may be excused at least of negligence in not providing for the conservation of our Churches when they saw Glamorgans peace revoked I doe well know By the fourth article of the rejected peace they provided carefully for securing secular mens lands by the vacating of all Indictments Attayndors Outlawries c. and all Processes and other proceedings thereupon and of all Latters patents Graents Leases Custodiums Inquisitions c. that were taken on secular mens Lands oâ—â—ing secured for the spiritualâ—y The Arke is exposed to the depredation of the Philistines Gods house to the profanation of heretickes Christs patrimony to the invâ—sion of vultures Nay in lieu of procuring any act to secure us our Chuâ—ches or church lâ—vings by the second branch of the first article and by the second article of the rejected peace they rejâ—cted all former graces granted unto us that might any way secure us of our Churches c. as you may reade in the first part and first article Whether it was a greater sacriledge in Henry the 8. to take away by force our Churches and church-livings or in us to give them back freely without compulsion to be polluted by heretickes we leave to the censure of the judicious reader This much we adde to aggravate the offence that wee seeme to concurre with the sacriledge hetherto committed by such as injustly possessed Christ paâ—rimony and doe approve their usurpation by making restitution the Title which hetherto in them was invalid we render valid Chrysostome Ambrose Stanislaus Liberius Hosius Athanasius Hilarius and other Orthod oxâ— Champions of holy Church denyed to yeeld even unto Cesars so much as the possession of one only consecrated church to be profaned by heretickes and shall posterity record that the renowned Confederate Catholickes of Ireland without cause oâ— necessity yeelded unto any hereticke subject what their Cesar granted them To secure the Protestants against the Parliamentaries Ormond was carefull to article with their Commissioners because he was sure the Parliamentaries would turne the protestants out of their possessions as soone as ever they concluded upon the treaty but with the Commissioners for the Confederate catholickes in concluding the rejected peace he scorned to article any thing for the Protestants security or possessions because he was sure of them seeing there was no act or article of the peace eyther to debarre them from entring into possession or to preserve us in our possessions §. 17. The Committee of Treaty exceeded their Commission by obliging the Kingdome upon the Marques his peace to send into England 10000. men 49. VPon what conditions the Consederate Catholiques offered at first to His Majestie ten thousand men to succour him in England in appeareth out of our Remonstrance presented to his Majestie in Aprill 1642. whereof numb 42. how afterward we actually resolved to send them over and upon what conditions it appeareth by Glamorgans articles But that ever the Kingdome agreed to send over 10000. men upon the bare conditions of Ormonds peace as I never heard or read it so doe not I meane ever to believe it It is written on the backside of the rough dranght of the Articles of peace delivereâ— by Mr. Plunket and Mr Darcy to the congregation that the ill affected of the Councell would never consent to the articles but that they saw the impossibility of performance by the day of our part by the time limiâ—ted 28. March 1646. Marke I beseech you how first without any Commission they engage the confederate Catholiques in a thing impossible v g. to send over 10000. men by the 28. day of March which was the very day they entred into the engagement or by the last day of March for so I understood from one of the Committee wherein I referre my selfe to the defeasance peâ—fected to that puâ—pose To performe such an obligation by either of those dayes is knowne to be impossible after to cancell this obligation or engagement they force their fellowes of the Councell and Committees to consent unto those unfortunate articles of peace So as to escape the unjust obligation to send over ten thousand men we contracted a more unjust obligation to assent to an unjust peace 50 But what if Glamorgan would set upon us and demand of us to send over the ten thousand men according the contract past with him and present us as good assurance for the performance of his contract with us as Ormond can doe for his what will Ormonds dispensation given us not to send them over a vayle us Sure I am the catholicke confederates were ready enough on their part and as I have beene informed the Marquesse his owne Commissioners from Dublin tooke aview of the muster of sixe thousand of them for so many were to be first sent over but the Marquesâ—e had not provided any shipping to carry them away Wee were tyed to bring them no further than to the Sea-ports and every man knowes the Marquesse provided not the least vessell to bring them away neither had he so much as a chiefe commander to conduct them over So as whereas our committee would needs purchase a dispensation at so deere a rate as the condescending to so unjust a peace they ought rather to stand upon their justification and to shew the confederate Catholiques performed their part but that his Excellency performed not his part in providing shipping But alas it is knowne these projects have beene invented to cast of Noble Glamorgan as heretofore they cast of Noble Antrim both whose powers if wee made use of as wee ought wee might have spared many frivolous and chargeable journeyes to Dublin §. 18. An abstract of the letter sent by the Supreme Councell in October 1645. upon Mr Spinola's arivall unto the Lord Nuncius then being in France wherein the state of the Kingdome is set forth and a promise made to conclude what peace the Nuncius should thinke fit 51. MOst illustrious and most Reverend Lord in the last generall Assembly of the confederate Catholiques aswell the Ecclesiasticks as the Seculars by unanimous consent did determinatly agree upon certaine postulations conditions and upon the meanes to obtaine them which if they may be obtained the honour utilitie and splendour of the Catholique Religion and of the Professors thereof in Ireland shall bee excellent well provided for c. and unlesse these postulations and conditions be obtained and the promisses thereupon made fulfilled and by a free act of Parliament confirmed c. necessarily the warre must be continued 52. The treatte of peace upon the foresaid postalations and condiâ—ions long since instituted is continued they dispute for the least thing in no
by act of assembly 26. of Iuly 1644. Where it was declared full and binâ—â—ng without addition they declared perjured who affirme the said Oâ—th admits any equivocation or mentall reservation By observing each branch oâ— this Oath every indifferent man may discover wherein the contrivers of the late rejected peace have violated the same I may not here insist upon all branches take Reader these few notes onely upon some First they have not maintayned the power and priviledges of the Parliament of Ireland as well because they wilfully rejected the suspension of Poynings act and resolved nothing for the repeale thereof as also because they have not established any thing efficatiously to exempt it from any dependency on the Parliament of England Secondly they have not maintayned the fundamentall lawes of the kingdome chiefly MAGNA CHARTA and those other lawes which are ampliations and explications thereof and sseighted the prosecution of those who have been impeached by the whole kingdome for overthrowing the said fundamentall lawes Thirdly they have not defended upheld or maintayned the free exercise of the Roman Catholicke saith and Religion throughout this land forasmuch as they have concluded a peace without procuring a repeale of the penall lawes surrepâ—itiously established since the dayes of heresie against the free exercise of the same Religion Which repeale was graciously condescended unto by his Mâ—jâ—sty in his letters to his Lord Lieuteâ—aâ—â— of the 27. of February 1644. 61. This branch of the Oath was corroborated by act of assembly by our 17. propositions and by our frequent Declarations wherein we resolved never to make a peace without the repeale of these penall lawes Whether Glaâ—â—â—gaâ—s peace were to be deemed valid or invalid it was their part to presse the Kings Lieutenant to comply with his Majesties command for repealing the penall lawes The free exercise of religion intended by those that tooke that Oath was understood to be somewhat more than that which we had before these distempers Ergo by the free exercise of Religion they understood the free exercise thereof in Churches for before these distempers they had the free exercise in privat houses c. This interpretation is confirmed by the act of assembly wherein it was unanimously ordered never to restore any the Churches in our possession By this peace nothing is established to secure us of the free exercise of our Religion either in Churches or privat houses the governement of our Cities and Garisons together with the command of our Armies is given to the enemies so as whatsoever the Assembly hath enacted for keeping the churches would be infallibly fiâ—strated there being nothing to debarre the protestant Ministers to reinvest themselves in the same Churches Wherefore the Clergy proceeded prudently when they resolved that they ought to make a positive act for preservation of their Churches 62. Fourthly they have not according to their oath defended the possessions estates and rights of all those that tooke the oath of association particularly that of their fellow-members the Clergy as above you have heard As for the provision they have made for the seculars lands and possessions in the fourth article its certaine the same is in no sort valid untill it be confirmed by Parliament which when it shall be they doe not know See our observations on the fourth and fifteenth Article Fiftly that the said Councell and Committees have at least indirectly done severall acts to the prejudice of the cause of God is evident by what proofes wee have hetherto produced So as all things being well pondered it s no lesse evident that the severall decrees given by the clergie against such as contrived perfected and approved the said peace is most just and valid qui autem superbierit nolens obedire Sacerdotis imperio qui eo tempore ministrat Domino Deo tuo decreto Iudicis morietur homo ille auferes malum de Israel See above number 46. What may be pressed against the contrivers of this peace out of the first branch of this oath concerning the allegiance and loyaltie due to our Soveraigne and this commonwealth wee willingly omit hoping that God of his mercy will in his owne time produce a happy atâ—onement for the reliefe of this distressed Nation §. 21. That the Excommunications fulminated by the Lord Nuncius and Ecclesiasticall congregation against such as adhere to the late rejected peace is both just and valide 63. We are here to suppose that which faith teacheth us to wit that in Gods Church there is power to excommunicate and that the same power hath beene practised by the Apostles themselves and their successors men constituted in Apostolicall jurisdiction The cause of Excommunication according the received opinion of Schoole-men grounded on the Canons is deadly sinne yea veniall sinne is a sufficient cause Excommunicationis Minoris In consequence to the foresaid Decree of perjurie other decrees were made by the said congregation and particularly one dated the 17. Augusti 1646. imposing upon such cities and townes cessation from Masse and divine office that would admit the publication of the peace On the first day of September following a comminatorie excommunication was set forth against those that would adhere or by any meanes favour the said peace but the evill as yet increasing divisions and factions perpetually multiplying after severall admonitions another Excommunication was published the moneth following wherein I reade thus In pursuance of which decrees being forced to unsheath the spirituall sword wee to whom God hath given power to binde and loose on earth c. doe cum virtute Domini nostri Iesu deliver over such persons to Sathan that is to say we excommunicate execrat and anathematize all such as after publication of this our decree and notice either privately or publickely given them hereof shall defend adhere to or approve the justice of the said peace and chiesely those who shall beare armes or make or joyne in warre with for or in the behalfe of the Puritans or other heretickes of Dublin Corke Yoghell or of other places within this Kingdome or shall either by themselves or by their appointment bring send or give any aid succour or reliefe of victuals ammunition or other provision unto them or by advâ—se or otherwise advance the said peace or the warre made against us These and every of them by this present decree we doe declare and pronounce Excommunicated ipso facto c. 65. The cause of this Excommunication besides the sinne of perjurie above mentioned is contumacie against the decrees of holy Church concurrance to the advancement of heresie and suppression of Religion together with many other causes which may be collected out of what hetherto wee alleaged Sequestrari oportet graviter lapsum saith S. Ambrose ne modicum fermentum totam massam corrumpat Cum excommunicat Ecclesia saith S. Augustin in coelo ligatur Excommunicatus Hoc nunc agit in Ecclesia Excommunicatio quod agebat