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
government but also entertaine him as their Lord and Master This I speake not God be my Iudge for disrespect to so noble a personage who if hee followed the steps of his noble Catholique progenitors and were disingaged from wicked Councell might well deserve such honour but to discharge my conscience in a matter of such importance as concerneth the securitie of Religion King and Countrey 7. As this letter was dated so was it delivered and communicated to the Lord Marques long before the 29. of Iuly when and not before the Peace was concluded wherein I call as witnesses the conscience of those very noble persons who concluded and joyned in concluding this peace Nay the same hath beene confessed unto me even by some of them that subscribed unto the peace But the accompt which Mr. Browne gave unto the late Supreme Councell at Limericke after his returne from Dublin in the month of Iune and his publicke narration or declaration of the answer received from the Lord Marques in Dublin puts the question out of all doubt wherein he declared that the Lord Marques his Commission was confessed by himselfe to have beene recalled and that therefore he could conclude no peace with us His returne then without effecting any thing and the very originall letter above mentioned shewne to Mr. Browne and others by the Lord Marques doth confirme it 8. It may be answered that the Lord Digby brought over some new Commission from France authorizing the Lord Marques to proceede in the peace But this is as easily denyed as it is affirmed without apparance of truth it being most certaine and so signified by letters from Paris to the Councell and Congregation that the Lord Digby never saw the king nor received letters from the king from the time he left Ireland untill he returned backe how then could the Lord Marques his Commission be renewed some letters are said to have been brought over by the Lord Digby in Cyphers the interpretation whereof must be received from the Lord Digby onely But this may carry asmuch truth as the former and though it were true yet have the Confederate Catholiques no reason to give credit in a matter of such high concernment to such Interpreters but supposing all were true it would never be able to render the peace concluded the 29. of Iuly valid forasmuch as the same peace is grounded on the Commission given unto the Lord Marques 24. Iunij 1644. and the 20. yeare of His Majesties Raigne which as you have heard was recalled before the foresaid 29. of Iuly and not on the new imaginarie Commission brought over by the Lord Digby wherefore if they would render the peace ought worth or of any validitie in law they ought to ground the same on this new Commission and not on the old or if this new Commission were a Continuation or a reintegration of the old both should be inserted in the Articles of peace if they intended to conclude any valid or solid peace Shall I speake the truth in simplicitate cordis mei as that peace alone was concluded which pleased the Marques of Ormond and all other peaces that pleased God and man king and Countrey were rejected so then was the peace concluded when it pleased Ormond namely when her and his pretended Protestants could no longer subsist their brethren the Scots and other Parliamentarie Rebells being reduced to nothing in Vlster and Connaught while these monsters could craule the conclusion of any peace was protracted while Bunratty was in dispaire Roscoman and other places in Connaught in defiance against the Confederate Catholiques then the Marques his Commission was recalled but when the Catholique Confederates recovered all these places and gained two glorious victories against the Enemie then this demortued Commission was suddenly revived and a peace was concluded upon maugre all the resistance of the Lord Nuncius and Clergie or the soundest part of the Councell and Committee of severall acts and protestations made by the whole kingdome in the assemblies held in August and February 1645. But qui habitat in coelis irridebit eos Eijce ancillam Heresie hath already too long tyranniz'd in Ireland more in the following paragraph and paragraph 3. numb 13. where the king by his Declaration or at least by that Declaration which was set forth under his name is content to leave the managing of the businesse of Ireland wholly to the two houses of England which if the Reader please to compare with the vote of the Commons above mentioned numb 6. Hee will finde that the Catholique Confederats are like to loose to their king and themselves all Ireland if they part with the government of such Cities Forts or Garrisons as are in their Quarters or with the Command of their armies c. to any that is not a sworâ—â— Confederate Catholique §. 2. That neither obligation of law or honour utilitie to His Maiestie or necessitie of the kingdom did induce our Councell to conclude this Peace 9. THat no obligation of law did enforce our Committee to conclude this peace is evident by what even now we expressed in the foregoing paragraph for if the articles though signed and sealed on the 28. day of March yet remained still as a scrole untill the 29. of Iuly following at which time and not before they were delivered and begunne to oblige then is it certaine that during that intervall our Committee were free and at their owne libertie to perfect or not perfect conclude or not conclude the said Articles yea they could not with integritie of conscience and discharge of the trust imposed on them proceede to the deliverie or conclusion of the said Articles being enformed that His Majestie had now recalled the Marques his Commission authorizing him to conclude a peace it being a Maxime generally received aswell in the lawes of England as in the Cesarean or Common law extingui mandatum per revocationem mandantis that a Commission given to any is extinguished by the revocation thereof and out of the extinction of the Commission foloweth the extinction also of all obligation to pursue the contract nay wee shall shew hereafter that the Commission given to our Committee to conclude this rejected peace was not onely invalid but also sufficiently recalled before any such peace was concluded Wherefore wee may without difficultie conclude that no obligation of law did enforce our Partie to conclude this peace As then the Lord Lieutenant did recoyle from those articles which he himselfe signed and sealed esteeming himselfe not to be obliged by any such signing and sealing to deliver the same so hereafter in case wee were brought to that fooles Paradise to accept the peace and hee once possesse our Armies and garisons hee will likewise recoyle and tell us when wee looke for performance of the Articles Sirs my Commission was recalled when I concluded this peace with you what I have done therein was grounded upon no authoritie and therefore invalid
is that holds up armes against you for what power hath one man that is in the power of others And if our State will not giue order for the same what may we not conclude there of must the lives and estates of men be sacrificed to the wilfulnesse of any But our State performing their parts we shall apparantly see where it rests for how can the King hinder what they please to doe Do not these that are celled the French and Spanish States what them please put or their King must put their names thereto to culour it that the State may not bee seene in it but it may passe as if their Kings act not theirs Can any be so simple to think their Kings may or can rule a State which is as much as the wisest State can doe In short it is the States doe all and so doe the Scot and so ought our State and not let the weale safety happinesse prosperitie and being of a Kingdome or kingdomes and millions of lives therein lye at the will or the VVilfulnesse folly or madnesse of one man whom they call their king though the Parliament of England in their late letter to him when hee was at Oxford doetell him plainly that he is guilty of all the innocent blood which hath beene now shedin all the three kingdomes Oh therefore let not the world ieerus that our prisoner can use his keepers as his prisoners c. VVho hath stood it out in open Hostility as long as possible he could against his Earthly Soveraigne Lord king and Creator the state Vniversall VVhose legall and formal representative the Parliament he hath vnnaturally wickedly uniustly and irrationally proclaimed Traytors and Rebels for doing their duty in endeauouring the preservation of those that trusted them from the ruine and distruction endeavoured and intended to them by him their rebellious servant How can it be properly said that the Engish Creator the State of England can commit Treason agasnst it's own meere creature the king If it be treason to assist the king with men monies armes and horses in this his unnaturall VVarre and Rebellion against the Parliament and people of England as the Parliament hath often declared then is it not the height of Treason for any of the Parliaments Armies privately to treat with him and to receive him into their Army and there protect him from those who requite him and have right to him and to disposc of him yea and afford him elbow room and libertie to send Messages and Embassages to Denmark Holland France Spain and Ireland or whether he pleaseth that so he may lay new designes for the utter subversion and destruction of thâ— State and kingdome Oh the height of c. no longer to be put up borne or suffered by trustees that desire to approve themselves faithfull to their trusters London August 16 46. 19. Reade all histories â—acted and prophane reuolve all Chronicles domesticke and forren and tell us if yow haue or can finde any treason soe abominable any rebellion soe odious to God and man any Apostacie soe detestable to heaven and earth as is this damnable treason rebellion and apostacie of the titular Parliament of England It is not enough to be perfidious to theire king bur they must be also blasphemons against God by making themselues Creators Here monarchie is ablegated anarchie introduced the Lords anointed made slaues to theire subiects and theire subjects raised to noe lesse dignitie than to earthly soueraignes Lords Kings Creators the stato vniuersall Theire fellow subjects the Scots are theire merce naries and servants not theire Brethren and the Irish are unto them opprobrium hominum et abiectio Plebis But pride and confusion disobedience to Princes and treason against them and theire monarchie is a propertie inseparable from moderne heretickes wherfore we must not admire that D. Garrier sometime a Protestant and Chaplaine to k. Iames burst forth into these words I can not be persuaded that they ever will or can joyne togeather to advance your Majesty or your children further then they may make a present gayne by you They are not agreed of their own Religion nor of the principles of universall and Eternall truth how can they be constant in tho Rules of particular and transitory honor Where there is nullum Principium Ordinis there can be nullum principium Honoris such is their Case There is a voyce of confusion among them as well in matters of State as of religioÌ„ Their power is great but not to edification but to destruction They ioyne to geather onely a gaynst good Order which they call the Common Enemy and if they can destroy that they will in all likelihood turne their fury agaynst themselves andlike Diuells torment like Serpents deuoure one another In the meane time if they can make their Burgers Princes and turne old Kingdomes into new States it is lyke inough they will doe it but that they will ever agree together to make any one Prince King or Emperour ouer them all yield due obedience unto him further then eyther their gayne shall allure them or his sword shall compell them that I can not persude my selfe to belieue And therfore I can not hope that your Majesty or your Posterity can expect the like honour or security from them which you might do from Catholike Princes if you were ioyned firmely to them in the vnity of Religion § 5. The Marques of Ormonds Commission enlarged by his Majestie but his Command not executed 20. When the Marques of Ormond dispachd Agents unto the Parliament demanding succours from them against the con federat Catholikes of Ireland It is said S argeant Eustace to cloake that treason publickelie declared in the dismembred Parliament of Dublin that as it was lawfull for euery man euen by the law of nature to defend himselfe against the violence of uniust Assailants soe was it lawfull for the kings Lieutenant and the kings priuie Councell in Dublin for theire owne defence to looke for succour from the kings Enemies the Parliament against the kings subjects the Irish who were in a violent and hostile manner to assault them letting this passe for an hyperbole the Catholike Confederats doe brieflie affirme that they were noe assailants but defendents of theire lives religion liberties and estates against theire fellow subjects and particularlie against the chiefe Ministers of justice who following the steps of their Predecessours tirannically gouerning made use of all the projects that michieuous policie could invent to depriue them of theire lives religion liberties and estates wherin they have beene soe exorbitant as neither the authoritie of the ancient fundamentall lawes of the kingdome nor the kings owne Commands could preuaile with them Here we must descend vnto particulars and especiallie to the kings Commands sent vnto the Marques of Ormond enlarging his power for the speedie conclusion of a happie peace 21. The impossibilitie saith his Majestie writing to the Marques of Olmond of
Sapientiae my language is low my conceptions plaine my thoughts the best to Religion and Contry I doubt not many iudgements will pass vpon me some will terme me precipitant others hott and others bitter I can giue to all the answere of S. Paul si hominibus placerem Christi seruus non essem Nor are my lines to feede mens humour but with reasons to ouercome theire vnderstanding I may be precipitant out of weaknes of reason and hot out of frailtie of nature but bitter I am not out of malice If the purgation proue bitter the Patient may not blame the nature of his Phisician but the malignant nature of his owne disease Renowned Catholikes Religion and Ireland are vnder your hands you haue it in your power next God to kill or saue both I know you all intend to make a peace let it be a good one I haue remoued a blocke out of your way I meane that vniust inualid coloured peace vniō is the onely way to make a good peace or a good warre vnion will saue you and diuision will destroy you My prayers shall euer be ut pacis non dissentionis Deus may be euer with you I am your most humble seruant Walter Enos Aduertisments to the Reader Firstnote that the worke is compleat though the pages 36. and 41. meete not together because the worke was printed in seuerall places 2. the number of ministers Coates mentioned pag. 12. n. 11 are but. 4. surplisses 7. and so many Robes for Doctors they resolued to walke in station to possesse our Churches 3. the Lawyer mentioned pag. 117. n. 76. is not learned Mr. Darcy but Mr. T. T. 4. If lay men should take upon them to Censure this worke which hath beene approued by the Clergie thei are excommunicated in bulla caenae see Tolet. excom 9. Trid. sess 23. c. 23. de Reformat totam dist 96. 11. q. 1. authent vt Cleri proprios iudices conueniant collat 6. yet is it left free to any man to refute if he can the arguments produced by the Author THE SECOND PART OF THE SVRVEY OF THE Articles of the late rejected Peace wherein the invaliditie and nullitie of the said Peace is evidently proved out of many heads or causes 1. IN the first part of this Survey we proved the injustice and iniquitie of the said Peace by notable observations on cach or most of the Articles included in the same peace In this second part wee further proceede to prove also the invaliditie and nullitie thereof out of those heads or causes which are expressed in the lawes and accepted as generall Maximes among Divines and Lawyers to the end the Catholique Confederates may be rightly enformed how farre they are exempted from any obligation to embrace such a Peace in the contriving whereof injustice accompanied with nullitie had full and perfect concurrence As in other Contracts so in Contracts past by mandate or Comission the nullitie and invaliditie thereof is derived from many sources or heads Six are principally enumerated by Schoolemen in contractu mandati and among those six that nullitie or invaliditie which proceeds from the revocation of their Commission that have power to treate conclude the contract before they have concluded any such Contract hath a prime place That the like revocation of the Commissions or mandates given to the Marques of Ormond and to our Committee of the Treatie hath hapned in the concluding of this Peace before the same was concluded is the point among other which we are to prove in the following paragraphes In the. §. 1. The invaliditie of the foresaid Peace is proved by the revocation of the Marques of Ormonds Commission given him to conclude a Peace before the same was concluded 2 THis invalide and unjust Peace was indeed signed and sealed by five of our Committee on the 28. of March 1646. but never DELIVERED interchangeably by both parties untill the 29. of Iuly following during the interjacent time it lay as an Escroule or Scroule on the hands of the Marques of Clanrickard without any power or force to oblige in law either parties Though this be a truth confessed in private by the Committee of Treatie and well knowne to the then Supreme Councell and Committee of Instructions yet because the knowledge thereof is suppressed from the rest of the Confederate Catholiques and that the Peace hath beene published as if the same were absolutely concluded on the 28. of March I here thinke fit to discover the mysterie of iniquitie out of that which I sinde written by Mr. Darcyes owne hand one of the five that signed and delivered the said Peace on the out-side of the manuscript draught of the articles of Peace delivered by Mr. Plunket himselfe in VVaterford to the Congregation of both Clergies Signed and Sealed ONLY note the exclusive partticle ONLY 28. March 1646. anno 22. Regis Caroli in the presence of the Lord Digby Sir Maurice Eustace Doctor Fennell and George Lane and DEPOSITED on the Marques of Clanrickards hands till 1. May and untill the ten thousand be sent into England Thus farre one note In another note there written I reade thus This meaning the Articles of Peace was DELIVERED 29. Iuly 1646. in my Lords STVDY by my Lord Lieutenant on the one part Lord of Muskery Sir Robert Talbot Iohn Dillon Patricke Darcy and Geofrey Browne of the other part witnessed by the Marques of Clanrickard Lord Taaffe Lord Digby Monsieur du Moulin the French Agent and Daniel O Nealc Present besides the Earle of Roscoman Lord Dillon Colonell Trafford and George Lane c. on the same 29. day of Iuly and not before the defeasance which past betweene the Marques of Ormond and our Committee obliging the kingdome to send over 10000. men were cancelled and an Instrument avoyding the defeazance then perfected witnessed ut supra saith a third note written also by Mr. Darcyes owne hand on the foresaid manuscript Copie 3. By all which it appeareth that the Peace was never concluded untill the 29. of Iuly and that both parties did suppose the same for a certaintie aswell because they never cancelled the foresaid defeazance untill the foresaid 29. day of Iuly as also because the Marques of Ormond having before that day received His Majesties letter revoking his Commission supposing himselfe not to be obliged by any act that passed on the 28. of March rejected our Committee of Treatie and would by no meanes proceede to the conclusion of the foresaid peace affirming that his Commission was recalled and that he had no authoritie to treate further with them as you shall heare as yet more hereafter This is further confirmed by the letters of the late Supreme Councell and Committee of Instructions dated at Lymericke the first of Iune 1646. delivered unto the Lord Nuncius where they confesse the Peace was not then concluded but that shortly they expected the same to be both concludedand published 4. We presse the
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
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
Ormond in his briefe of Concessions from which he shrunke in this peace limitteth this generall Commission vnto the penall lawes onely that concernes the exercise of our religion who is herein imitated by the Marques of Clanrichard or rather by the politike Contriuers of his engagment where a promise is made of a reuocation of any penaltie c imposed on vs for the free exercise of our riligion vnto what wofull dayes are we come when subjects doe presume not only to limitat theire kings commands as they please but also vtterlie to reiect them and by that disobedience to be the occasion of his present disasters and hazard of the losse of his kingdomes 29. By which letter and by these other two aboue mentioned the iudicious Reader may obserue what great confidencie his majestie reposeth in the aid and assistance of the Confederat Catholikes aswell at home as abroade in England and scotland by sea and by land and how earnestlie he presseth a speedie dispatch of the peace to that end Be it on them and theire posteritie that haue hindred the same Glamorgans articles do as yet further confirme aswell the kings confidence in our assistance as our alacritie willingnes and earnest desire to comply therein with his Majestie but the same authors who contemned the commands of his Majestie haue also laid obstacles to the assistance promised to his Majestie vpon the conclusion of Glamorgans peace It shal be euer verified what Iohn Dauies sometimes the kings Attutnie left written to posteritic that the Irish gladlie continue obedient subiects without defection or adhering to any other lord or king c and that there is noe nation or people vnder the sunne that doth loue equall and indifferent iustice better then the Irish and will better rest satisfied of the execution therof c farre different I wisse was the Censure of this well experienced lawyer and of many others whose testimonie for the present I omitt concerning the loyaltie of the Irish from the Censure of the present lord Chancellour of Ireland who hauing receiued in his Chamber in the Ins of Dublin from the Councell-table by the hands of a purseuant a printed booke setting forth the kings resolution to come for this kingdome said God forbid his maiestie should come vnto this kingdome for the Irish would massacre him as soone as any other wherunto his sonne sir Edward Bolton now chiefe Baron answered nay father I am confident if his Maiestie came hither that the Irish would lay downe theire armes at his feete and kisse the ground he went on The father admiring at the sonnes confidence in the fidelitie of the Irish the sonne confirmed his confidence by affirming he would lay his head at the stake if they would not doe it This dialoque past betweene the father and the sonne in the presence of the Lady Bolton Bently the Purseuant and R. S. a Cittizen of Dublin who is my author The sonne here proues the loyaltie of the Irish the father shewes his ingratitude towards the Irish that Nation that charitablie entertained him in his flight from England to shun the Censure of the Castle Chamber there who being raised from the lowest ebbe of fortune by Ireland now floateth in the highest spring of posteritie Qui reddit mala pro bonis non recedet malum a domo eius Such as repined at his Maiesties coming into Ireland repined at his happines and adhered in opinion and affection to the Parliament Histories recount and the present damnable Rebellion of England doth confirme more bloodie warres to haue beene raised in England by the English against theire naturall soueraignes and more horrid violence to haue beene offered to theire persons than euer hath beene raised in Ireland against them or offered by the Irish vnto them wherefore what the Chancellour affirmed of the Irish is more applicable to him and to his ill affected Contrymen wherin all Europe may be produced as witnesses who behould the present calamities wherunto the Rebellions Parliament haue reduced him what here might be more particularized concerning the ill-affected of that nation might be also particularized in the ill affected Scots Who are said to haue imbrued theire hands in the blood of many theire owne naturall Princes-from both I abstaine for the honour I beare vnto England the sister of Ireland and vnto Scotland the daughter of Ireland wishing with all the faculties of my soule the occasion of such recrimination among indeered fellow subjects were neuer giuen or being giuen might be totallie taken away Deus aeternetu scis quoniam falsum testimonium tulerunt contra Hibernos §. 7. The Marques of Ormonds Commission recalled as to somuch hy the Earle of Glamorgans Commission 30. Our Diuines and Canonists doe teach vs that the second mandat or Commission doth not indeed derogat vnto the first vnles it make mention therof yet that sometime the second preuaileth and not the first namely because the second is of a more strict obligation as tending to the publicke vtilitie and Commoditie wheras the first conduced to the priuat onely Ormonds Commission granted by his Majestie is in our case the first being giuen 24. Iunij 1644. Glamorgans is the second being giuen the 12. of March 1644. which was full eight months after In this later Commission mention is made of the first thus we giue you power to treate and conclude with the Confederat Roman Catholikes in our kingdome of Ireland if vpon necessitie any thing be to be condescended vnto wherein our lord lieutenant can not be so well seene as not fitt for vs at the present publickelie to owne c. loe mention made expresselie of the first Commissioner and implicitlie of his Commission and by consequence a reuocation as to so much at least of the Marques his Commission yea his Majestie did by his expresse letters signifie vnto the Marques of Ormond that he gaue vnto the Earle of Glamorgan this second Commission therein expressing the ends and causes wherefore he gaue the same and wherfore he would haue the matters and points committed to Glamorgans trust exempted from all other matters comprehended in the Marques of Ormonds Commission and these matters concerned the spiritualtie for example the free and publike exercise of our religion the securitie of our Churches the exemption of the Catholikes from the iurisdiction of the Protestant Clergie the repeal◠of all penall lawes made against Catholikes c. This Commissio◠being granted by his Majestie vpon the neglect of the Marques his obedience to his Majestiès Command requiring him to grant vnto vs the present taking away of the penall lawes and the suspension of Poynings act I admire how his Excellencie attempted to conclude a peace for these matters soe exempted out of his Commission and to referre those matters which were agreed and concluded by his Majesties speciall Commissioner namely the repeale of the penall lawes the free and publicke exercise of our religion c. vnto any new
Ormond taking advantage of the time and occasion marched out of Dublin with his forces tooke in Timolin and attempted Rosse where he lost his shipping was frustrated of his expedition and his army so infeebled as he was not able to make any considerable Excursions in halfe a yeare after wherein God shewed his indignation against perfidie and remunerated the innocencie and integritie of the confederate Catholiques by giving into their possession thirty or fourty of the enemies garrisons within few monethes after in so much as the Marques of Ormond was glad to make a speedy cessation with them otherwise they had gone to the very gates of Dublin there being no considerable resistance against them 43. The limitation of their commission according to the 17. propositions propounded unto his Majestie in Aprill 1644. and the 14. additionall propositions thereunto annexed whereunto the 30. Articles of the late rejected peace are answerable is sufficiently explicated in the first part particularlarly § 14. Numb 26. whereunto we referre the Reader The limitation of the foresaid Commission by severall Acts of Assembly 44. Quarto Iunij 1645. It is ordered saith the kingdome then in publicke Assembly upon the question nemine contradicente that the Committee of Instructions shall draw an act that as to the Catholiques of Ireland whether Clergie or Laâ—y all penalties pressures incapacities prejudice and inconvenience laid on the professors of the Roman Catholique Religion by the statute of 2. Elizabeth or any other Act or Law in force in this Kingdome should be taken away and repealed This act was concluded and agreed upon after mature deliberation and serious debate had of this matter by the committees of Instructions whose opinion the Chaire-man reported unto the house at two severall sessions to wit the second and fourth of Iune 1645. It was likewise unanimously ordered by the said Assembly 9. Iunij 1645. That as to the demand made by the Lord Marques of Ormond Lord Lieutenant of Ireland to the commissioners of the Treaty of peace for the restoring of the Churchesto the Protestant clergie the commissioners shall give an absolute denyall thâ— committee of Instructions are to prepare an Instruction to that effect 11. Iunij 1645. the article concerning Ecclesiasticall and spirituall Iurisdiction saith my diurnall received in publicke Assembly a long and learned debate concerning the severall statuts of premunire and provision and concerning excommunications fulminated by Protestant Prelats against Catholiques whereby they were perpetually forced to repaire to the Protestants Tribunall to obtaine absolutions from them or else to be imprisoned by a writ de Excommunicate capiendo also concerning the maine difference betweene our Religion and protestancie in dispensing with mariage within degrees c. much more appertaining to the Ecclesiasticall Iurisdiction was then debated and at length generally referred that day unto the comissioners with instructions from the committee of Instructions The Marques of Ormond in his abridgement of concessions reade in assembly 14 Augusti propounded three manner of remedies for that gâ—ievance none pleased the assemby because the cure was worse than the discease tandem 28. Augusti 1645. it was unanimously agreed upon by the Lords Spirituall and Temporall in full Assembly nullo discrepante that the Catholique confederates of Ireland should never submit or be subordinate to the Protestant Clergie or to any their jurisdiction See also for this the councells letter numb 51. 45. What dispensation our committee of the Treatie had to conclude a peace without procuring a repeale of the penall lawes assurances for our Churches and exemption from the Protestant Clergies Iurisdiction we have not read or heard of So great were the pressures suffered by the Catholiques in Ireland by the Exorbitant power of the Protestant Prelates as many of our Cathliques breathed their last in miserable captivitie others were forced to keepe their owne dwelling houses as if they were in restraint to shun the greedy Parators and hapshares whereof some namely Alderman Doud and Alderman Goodwing Mr. Thomas Long Mr. Iames VValsh Mr. Robert Hacket and others continued in such restraint for the space of seaven yeares or thereabouts Alderman Francis Tayler was prisoner in the Castle of Dublin 18. whole yeares if my memorie faile me not and Alderman Patricke Bâ—owne after so many yeares also imprisonment in the Castle dyed in the prison But hereof much more might be said which I am forced to omit Shall we shall we wilfully fall againe into the same servitude and incurre the malediction of Chanaan to be servi servorum fratribus nostris The learned debate in the assembly and convocation house touching this question whether the confederate Catholiques be bound in conscience by vertue of the oath of Association or other tye to make an expresse article with the Protestant partie for keeping in our hands such Chuches Abbeyes c. now in our possession 46 For the negative part it was suggested that if any such article be made his Maiesty will breake off and consent to no peace betweene us and the above specified party to the great danger of the estates lives and liberties of all our party And it was further urged that in not demanding such an article as above his Maiesty will grant us toleration of Religion For the affirmative part it was likewise suggested that without an expresse article Gods patrimony was not secured that however men might be prodigall in the dispensation of their owne goods yet without danger of Gods indignation they ought not to be prodigall in the dispensation of Gods goods that this his Majesties Kingdome of Ireland had beene more securely preserved for him and his Royall issue by preserving the Churches in the Catholiques hands than in suffering the seeming Protestants to posâ—esse the same who indeed have as great an antipathy against the Protestant doctrine established in England as they have against the Catholique doctrine and therefore might be justly feared to so journe in such places where the Churches Church-livings are as Intelligentiers for the Parliament 47. For these reasons and many more the house of Convocation wholly inclined to the affirmative part The integrity of the whole Kingdome in this particular appeares by their act of assembly of the 9. of Iune one thousand six hundred fourty and five above mentioned They debated indeed learnedly for a long time how they might observe that Divine lecture of CHRIST IESUS Give unto Cesar what is due unto Cesar and unto God what is due unto God Some feared if the Catholicke Confederats had demanded an expresse article for their Churches they had not Given to Cesar what was due unto Cesar and therefore thought a negative act that is to say an act of our owne assembly denying to give unto the Lord Lieutenant our Churches might serve the turne others thought they had not given unto God what was due unto God If the kingdome had concluded a peace without an expresse article for conservation of their Churches God
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