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
matter as yet more eagerly they concluded the Peace either on the 28. of March or on the 29. of Iuly If the later wee have our intention namely that they concluded the Peace after the Marques his Commission was recalled which was the eleventh of Iune before if the former then were our Councell and Committees violators of their promise made to His Holynesse His Nuncius Apostolique and perfidious to the whole kingdome which in publique assembly promised and agreed that nothing should be concluded 〈◊〉 agreed upon untill May following Such as are meanely versant either by study or practise in the lawes of this kingdome know that an obligation past by a Debtor unto his Creditor though Signed and Sealed this moneth yet bindeth not then nor ever after unlesse he also DELIVER the same obligation and then onely and not before it beginneth to oblige when the obligation or bond is delivered how much more in our case is it evidently convinced that the rejected Peace began not to oblige untill the time of the deliverie thereof which was on the 29. of Iuly and not before seeing that in our case besides the defect of deliverie the very signing and sealing it selfe was not absolute but conditionally that 10000. men should be sent over by the Catholique Confederats and the Articles were not laid on the hands of either of both parties but deposited on the hands of a third person But in a truth so evident testified by so many witnesses yea confessed by the Committee of treaty themselves we need not wast much time 5. Wherfore we are to prove that the Marques of Ormonds Commission was recalled and revoked before the foresaid 29. day of Iuly for effecting whereof wee need no other evidence than the Kings owne letter which we exhibit unto the Reader word by word as it was written by His Majestie himselfe His Majesties Letter to the Marques of Ormond CHARLES R. RIght trusty c. Having long with much griefe looked upon the sad condition Our Kingdome of Ireland hath been in these divers yeares through the wicked and desperate Rebellion there and the bloody effects have ensued thereupon for the settling whereof wee would have wholly applyed our selves if the difference betwixt us and our Subiects here had not diverted and withdrawne us and not having been able by force for that respect to reduce them wee were necessitated for the present safety of our Protestant subjects there to give you power and authority to treat with them upon such pious honourable and safe grounds as the good of that Our kingdome did then require But for many reasons too long for a letter VVee thinke fit to require you to proceed no further in Treaty with the Rebells nor to engage us upon any conditions with them after sight hereof And having formerly found such Reall proofes of your ready obedience to our commands wee doubt not of your care in this wherein our service and the good of our Protestant subjects in Ireland is so much concerned From Newcastle the 11. of Iune 1646. 6. Out of which letter the Catholique Confederates may behold not onely the revocation of the Marques his Commission but also the dangerous Condition wherein they are while His Majestie is so awed by the Rebellious Scot as he must say write and doe against His faithfull Subjects what ever they please to suggest unto him Here His Majesty is pleased to call us Rebels and our warre desperate Rebellion elsewhere being freed from those Harpies he calleth us His faithfull Subiects upon whose succours to rescue him from his present calamitie he wholly depends Wherefore I exhort the Confederate Catholiques to stand well upon their guard and to preserve securely in their owne possession and Command such Forts Cities Armes and Armies as God hath prodigiously given unto them since these warres least His Majesty being forced by the Scots or Parliamentaries should subscribe to such Commands unto Ormond as he subscribed unto Mountrosse in Scotland commanding him to lay downe Armes and to yeeld unto the Scots such Cities Forts as by his Armes hee recovered for His Majestie from them That the Parliament hath and will endeavour to obtaine such Commands from the King wee are premonished by the Vote made in the house of Commons of England 3. Iuly 1646. where they order that a letter should be drawne up to be sent to His Maiestie from both houses of Parliament to desire His Maiestie to write to the Marques of Ormond in Ireland to SVRRENDER up severall holds and places of strength in that kingdome possessed by his forces to such hands as both houses of Parliament shall nominate and appoint and a Committee was named presently to draw up the said letter Now in case the King be forced to send such a Command unto the Marques what assurance have the Confederate Catholiques that he will not forthwith yeeld obedience to such forced Commands as he yeelded to the above letter and deliver up unto the Parliament not onely what Cities Townes and Forts hee hath in his owne Quarters but also such Cities Townes Forts Garisons Armies and Magazins as should be transferred to his government Command and trust by the Confederate Catholiques It s knowne that the Marques is of the same profession with the Parliament that since these warres he hath continuall Commerce and mutuall correspondence with them private letters messages and Agents past betweene him the Parliament and the Scots that hee never used any act of hostilitie against either nay since the Clergy and their Adherents the Confederate Catholiques have opposed this Peace he hath sent severall Agents aswell unto the Scots as unto Insequin and the Parliament praying them to send him succours and actually entertained some of the Parliament Commanders in Dublin and intrusted them with places of Command within that Citie yea had actually delivered not onely that Citie but all other Cities and Forts c. in his Quarters to the Parliament if the Parliament vouchsafed to intrust him with the government of the kingdome and to grant unto him such Conditions as hee expected for procuring whereof it is thought Sir Francis VVilloughby whom the Marques sent over before to the Parliament is now gone over againe with the Parliament Commissioners to elaborate the busines I appeale then to all disinteressed Divines whether the Catholique Confederats may in such a case transferre from themselves who have sworne allegiance and fidelitie to their Soveraigne and particularly to keepe secure such Forts and Cities c. for His Majesties use unto one so suspected the government or Command of the same Cities Forts Armies c. seeing in so doing they doe probably hazard Religion King and Countrey If neither Parliament nor Scot will intrust his Excellencie with the chiefe government of the kingdome though hee be of their profession nor entertaine him as their servant shall the Catholiques unto whose Religion he is a sworne Adversarie inttust him not only with such a
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
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
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
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
the Confederates to be preserved for the Kings most excellent Maiestie that all hopes may be cut off from the Puâ—itans who perpetually thirst after the possession thereof c. I trow this should be a forewarning prevalent enough with our Councell and Committees not to conclude a peace with the Marques upon such base conditions as they have done §. 12. The Councell and Committee of Instructions Latine answer 1. Iunij 1646. to the foresaid letter and protestation abriged into English 8. IN the first place they acknowledge the receit of the letter and protestation doe observe the resolution of the Lord Nuncius and Clergie to be such as he will have no peace at any hand concluded with the Kings Commissarie unlesse first the splendor of the Catholique Roligion be established and with the articles published In the second place they admire that the protestation came not sooner unto their hand and at length they answer that the weakenesse and necessitie of the Confederate Catholiques enforceth them to a peace that by publique declaration printed 1642. and by their Agents they sent to the Pope and other Christian Princes to demand aide that for the space of five yeares warre they received not so much succour as would defray the charge of warre for two moneths time that they looked onely for as much meanes as would maintaine 15000 foote and 2000. horse for six moneths times and they would undergoe all hazards and endure all discommodities to increase the splendour of the Catholique Religion through all parts of this Kingdome which they obtained not The consideration of these things say they and the obedience due to his Majestie enforceth them to make ANY PEACE to prevent the fatall miseries of VVarre and the sudden ruin of Religion and Nation 9. Yet they tell the Lord Nuncius that they resolve to ratifie marke the phrase I pray you ratas habere Glamorgans concessions granted by the Kings authority and to endevour by the authority of the See Apostolicke and the mediation of other Catholicke Princes to obtayne more plentifull graces for the establishing of the Catholicke Religion that in the Treaty of peace there was place left for further priviledges of the Catholicke Religion They further affirme that in the last treaty at Dublin nothing was done without consulting the Nuncius and that according his desire the Conclusion marke that hitherto the peace was not concluded therefore they were as yet at liberty to conclude the peace or not conclude it and publication of the peace was deferred untill the Calends of May least any impediment should be given to the coÌ„ditions which were expected by that time to come but are not yet come They pray his Grace to take notice if it shall happen the peace shortly to be concluded and published without the promulgation of Glamorgans concessions that same is pro re and to the greater good of the Religion 10. They proceede further aggravating the present state of the kingdome in the temporality Mounster exhausted with warre cherisheth many enemies in her bosome who daily increase by the patronage of the Parliament of England and revolt of Thomond In Connaght all is wasted besides Galway and Mayo Roscoman Boyle and other Forts revolting c. Generall O Neyle hath so wasted Leynster before he went to Vlster that three or foure counties thereof are unprofitable for the plow and in themselves miserable c. They adde the feare of the Lieutenants conjunction with the Scots c. insomuch as force feare and danger beget in all men a desire to embrace any peace Besides feare of the Scots conjunction with the Parliament the King being now in their power a peace timely made may alone hinder this which being concluded the catholickes may serve God and their King and free themselves from all those evils This Letter was signed thus Illustrissimae ac Reverendissimae Dominationis vestrae addictissimi Muskry De mandato Concisij Comitiorum Thomas Tyrell 11. Why the Viscount Muskry alone subscribed hereunto and none else I doe not know unlesse it be because the ill affected of the Councell for so they call in the Manuscript outside of the Articles the soundest part of the Councell those that were not of the faction did not condescend thereunto 13. The Lord Nuncius his Letter 10. Iunij 1646. sent to the same Councell and Committee 12. Least I might saith he in this most waighty circumstance of things seeme to have sent unto your honours two severall protestations without any ground of reason I pray you would reade the same reasons which moved me so to diswade the peacc in these times which is now propounded esteeming me to have beene compelled to write these things out of zeâ—le onely towards Religion and the honour of the Catholicks of this kingdome c. And having repeated the substance of his foresaid Letter touching the double quality of the Marquesse of Ormond he saith that though there could be a peace made yet it ought not to be made for the following reasons For seeing nothing is therein established concerning the Catholicke religion c. by what meanes I beseech you may the Catholicke Confederats defend themselves if among others even the Nuncius Apostolicke is to become witnesse among all Christian Princes that the Catholicks might have better conditions from her Majesty the Queene in France the last yeare and as yet better from the Lord of Glamorgan in these later Moneths and as yet the most plentifull of all concluded by his Holynesse in Rome and yet that the Confederate Catholickes all these peaces being contemned after so many moneths cessations in the very point of new difficulties in England and after that a full halte yeare of the time to make warre is past over yea when the enemies are all almost beaten backe should accept of a worse peace than the other three Let every conscience beare witnesse whether by such a resolution the Oath of Association taken with such glory and constancy be not violated 13. It is therefore manifest unlesse first the Catholickes be assured that the Kings Majesty would ratify the Earles authority and that the Queenes Majesty hath cleerely understood whether the Popes conditions shall have place or no whatsoever shal be done shall tend to the evident destruction of this kingdome and to the extirpation of Religion which is the head of all and to the notable injury of the Princes who hetherto have laboured for the safety and security of the Catholicke Confederats which is so much the more true seeing no reasonable motive can be assigned by the adverse party for concluding this peace Then answering to the objection of the danger of the Scots he saith there is no danger of more Scots to come over this season being busily imployed elsewhere and as for those that are in Vlster and Connaght they are sufliciently provided against by two Armies mayntained by the Popes moneys There remaynes therefore
he so earnestly urgeth in his letters above mentioned And herein we charge the councell and committees with notable breach who contrarie to their promise and vow and contrarie to the severall protestations and inhibitions of the said Lord Nuncius concluded a peace which he thought not expedient and whereunto he would never yeeld consent See our observations on the 14. article numb 26. 27. §. 19. A publicke Contract made by the kingdome with the Lord Nuncius not to conclude any peace untill he and Glamorgan concluded on a peace for the Spiritualtie c. 56. Articles agreed upon betwixt the most Illustrious and most Reverend Lord Iohn Bâ—â—â—ist Lord â—rchbishop and Prince of â—â—rmo extraordinary â—postolicke Nuncâ—o to the Confederate Catholickes of Ireland and the Nobility imployed by the said Consederate Catholickes together with the Earle of Glamorgan to the said Illustrious Nuncius at Kilkenny the 19 of February 1645. Inprimis a Cessation shal be continued till the first of May by which time or sooner if the most â—llustrious Lord Nuncius doe not bring the Originall agreements under hand and Seale betwixt his Helynesse and the Queene of great Britaine the said most illustrious Lord Nuncius shall ratifie whatsoever shall seeme meete to him on the behalfe of his Holynesse and the Earle of Glamorgan in the behalfe of the King of England that an honourable and wished peace be not any longer deferred 57. Secondly In the meane time if the Confederate Catholickes doe send from hence to treate with the Vice-roy about politicall affaires and differences it is declared that no prejudice shall be inferred by that treaty to this Treaty that is to be betwixt the most illustrious and most Reverend Lord Nuncius and the Earle of Glamorgan that untill there be a conclusion and publication of it the other also may not be concluded or published And that there be no change in the inâ—erim of the Politicall or Civill government so that both may be at once and together concluded and published by the approbation of the generall assembly if it shall be seene necessary to the said Lord Nuncio and Earle of Glamorgan to call it Thomas Tyrell Emerus Clogherensis Nich. Plunket Gerald Fenell Richard Bellings Patricke Darcy Thomas Cashell Castle-haven Audly Net â—ervile Muskry Thomas Preston Daniell O Brien Lucas Dillon Terlagh O Neyle George Comin 58. Here we are to note First the circumstance of time to wit the 19. of February which was when the assembly of the kingdome was fully gathered together Within 12. dayes after namely the second of March an order was conceived by the same assembly to Treate with the Marquesse of Ormond and to prepare things for a peace with his Excellency but not one word authorizing the Committee to conclude a peace for that had been a manifest violation of this contract made with the Nuncius nay by this very act of assembly and solemne contract whereunto the whole kingdome condescended iâ— before then eyther Conncell or Committees had any power communicated unto them by any former act of assembly which I could never yet reade it was now sufficiently recalled Secondly we are to note the persons that subscribed to the contract in the behalfe of the Confederate Catholickes are the persons chiefly intrusted by the kingdome M Tyrell chayreman of the committee of Instructions the Lord Viscount Muskry and M. Darcy are two of thâ— five that subscribed to the peace contrary to their owne contract here agreed upon the rest were then of the Supreme Councell or Committee whereof most of them being of the following Supreme Councell or Committee of Instructions approved also the peace contrary to this their own contract wherein they engaged themselves and the kingdome never to conclude or publish any peace untill the peace to be agreed upon betweene the Nuncius and Clamorgan were concluded and published together with it Thâ—â—dâ—y this contract cleerely discovers how frivolous that part of the Councell and Committees answer to the Nuncius 1. of Iune was wherein they say they expected untill the first of May according the Nuncius his pleasure before they concluded any peace for they were indeed to expect VNTILL a conclusion or publication were made of the peace to be agreed upon between him and Glamorgan in the behalfe of his Holynesse and his Maiestie and if the Origâ—nals came not from Rome by May they were to expect untill the Nuncius did ratifie whatsoever should seeme meete unto him c. which was agreable to the publicke Faith of the kingdome past by them unto him before his coming unto the kingdome by the above mentioned Letter sent unto him in October 1645. wherein they promised to doe nothing but what should seeme expedient unto him So as if I had â—â—â—ely seene this contract I might well have spared the twelve answers I made above to this objection wherefore the Nuncius and the Clergy did justly protest against all their proceedings in the late rejected peace as being without ground or Commission and in violation of the publicke Faith given Fourthly no withstanding this contract they changed the government by concluding that peace and contrary to the same contract they would not dayne to call together a generall assembly as the Nuncius desired and as by this contract they were bound before they concluded the peace How herein they may be excusable I understand not §. 20. The Oath of Association which being compared to what we have delivered in this Survay proves the iustice of the Clergies Decree of periury c. 59. I A. B doe promise sweare protest before God his Saints his Angels that I will during my life beare true faith and allegeance to my Soveraigne Lord CHARLES by the grace of God King of great Brittaine France and Ireland and to his Heires and lawfull Successors and that I will to my power during my life defend uphold and maintayne all his and their just prerogatives estate rights the power and priviledge of the Parliament of this Realme the fundamentall Lawes of Ireland the free exercise of the Roman catholicke faith and Religion throughout this Land and the lives iust liberties possessions estates and rights of all those that have taken or shall take this Oath and performe the contents thereof and that I will obey and ratifye all the orders and decrees made and to bee made by the Supreme Councell of the Confederate Catholickes of this kingdome concernig the said publicke cause and that I will not seeke directly or indirectly any pardon or protection for any act don or to be don touching this Generall cause without the consent of the Major part of the said Councell and that I will not directly or indirectly doe any act or acts that shall preiudice the said cause but will to the hazzard of my life and estate assist prosecute and maintayne the same So helpe me God and his holy Gospel 60. This Oath was established for preservation of union among the Confederate Catholickes