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
THE SECOND PART OF THE SVRVEY OF THE ARTICLES OF THE LATE REIECTED PEACE WHERIN THE INVALIDITIE AND NVLLITIE OF THE SAID PEACE IS PROVED 1. By the revocation of the Marques of Ormonds Commission before any Peace was legally concluded c. 2. By the defect of sufficient Commission or authoritie on the part of our Committee of the Treaty 3. By the revocation thereof by the Protestation of the principall part of the Body Politique of the Kingdome and other Inhibitions 4. By exceeding their Commission 5. By deviating from the rules established by assembly by which they ought to regulat themselves namely from the Oath of Association Modell of government Acts of Assembly Grievances Declarations and Propositions made by the Kingdome to His Majestie c. 6. By rejecting the Kings favours and graces 7. By their surreptitious and clancular concluding of a Peace contrary to their promise made unto the Lord Nuncius 8. By the Kingdoms non acceptance thereof 9. By theire violation of the publike faith of the kingdome past by Solemme Contract vnto the L. Nuncio 19 February 1645. Whence the Iustice of the Clergies Decree of Perjurie and excommunication against the Adherents to so impious and invalid a Peace is evidently deduced By Walt. Enos Dublinian Priest D. of Divinitie treasurer of Ferns Viri faederis tui illuserunt tibi inualuerunt aduersum te viri pacis tuae Abdiac 1. Printed at Kilkenny by permission of Superiors and approbation of Schoolemen in the yeare 1646. MANDATVM ILLVSTRISSIMI NVNCII ET CONGREGATIONIS ECCLESIASTICI VTRIVS QVE CLERI REGNI HIBERNIAE NOs Ioannes Baptista Rinuccini archiepiscopus Princeps Firmanus apud Hibernos Confoederatos Nuncius apostolicus extraordinarius necnon uenerabilis Congregatio utrius que Cleri Regni Hiberniae uobis RR. PP quorum nomina inferius Scripta sunt cuilibet uestrum facultatem facimus per praesentes pariter mandamus ut post diligentem perlectionem secundae partis libelli cui titulus est a sur vey of the articles of the late reiected peace ab eximio Domino Magistro Gualtero Enos S. T. Doctore de mandato nostro compositi censuram uestram calculum pro qualitate vtilitate operis eidem apponatis adeoque confirmetis corroboretis ut qui ante Autoris argumenta de iniquitate reiectae pacis in primâ parte proposita comprobastis modò eiusdem argumenta in hac secundâ parte de inualiditate dictae pacis proposita uicissim comprobetis ut uel inde iustitia nostrorum decretorum contra Authores eiusdem pacis orbi terrarum innotesceat Datum Kil Kenniae 18. Ianuary 1646. Ioannes Baptista Archiepiscopus Firmanus Nuncius Apostolicus THe touchstone of disouering an act to be invalid is the law the Author sincerly conferrs the treaty of peace with the Maximes of law and finds the same lawlesse consequentlie inualid and not obliging This survey ingenuouslie traced ouer the iniquitie of the peace and plainly proues the inualiditie his worke is learned meritorious and intended for our good according lie I approue it FR. PATRICKE PLVNKET Abbot of St. Maries Abey of Dublin diffinitor late president generall of the Congregation of St. Malachias and St. Bernard in Ireland THis Second parte of Doctor Enos his suruey c. diserues no less credit and acceptance then was attributed to the first parte by the not praeiudicating opinion of Tho. Roth. Deane and Vicar Generall of Ossory I Am of the same opinion NICOLAVS TAYLOR Sactae Theol. Doct. Protonâ—tar Apostolicus Rector Eccl de Swords HAuing perused this second part of the Survey of the late reiected peace I thinke it to be noe lesse worthy of publique view then the first it beinge a plaine discouerie of the inualiditie thereof It needes therefore noe other shew to purchase a publique welcome then the name of its lerned author walter Enos Doctor of diuinitie Ita censeo IOANNES SHEE THEOL Praeb de Main Vicarius Sancti Ioannis Evangelistae IN obedience to the forsaid mandat we haue with diligence reade and perused this second part of the forsaid Suruey wherin we finde nothing dissonat to faith or good manners but very many things conduceing to the honour and saftie of faith and Religion wherefore as in the first part we approued the Authors arguments proueing the iniquitie of the late reiected peace so we approue his arguments produced in his second part to proue the inualiditie of the same peace and accordinglie we censure it no lesse worthy than necessarie to be exposed to publike view Dated at Kilkenny the 27. th of Ianuary 1646. Fr. Hugh Duigin Suprior of the Frs Preachers of Kilkeny Fr. Faelix Connor S. T. Professor Fr. Iohn O Hairt S. T. Professor EX Commissione Supradictâ accuratè Legimus hanc secundam partâ—m in qua nihil orthodoxa fidei dissonum reperitur quin potius pro ea acertimè certat Hoc opere suo solito more author animo calamoque poteâ—s delirescentem alto puteo veritatem extrahit eaque in sua basi expositâ opposita Commenta vsurpato limine deturbat Sic censemus in hoc Coonobio Sancti Francisci Kilkeniae Kalendis February 1646 Fr. Antonius MacGeogheganus Exprouincialis Hyberniae Et Guardianus KilKenniensis Fr. Paulus King S. T. Lector VVE doe finde that the learned and zealous author accordinge to his groundes and principles doth well shew and proue the inualiditie of the peace he treates of William Saint Leger Iohn Mac Egan To the right honourable the Lords Knights Cittizens and Burgesses of the Confederat Catholikes of the Kingdome of Ireland assembled together at Kilkenny REnowned Catholikes A peace contained in 30. Articles made ad published at Dublin 29 Iulij 1646 being put vnder the consideration of the Venerable Congregation of the Clergie at Waterford in August last was found vnsafe for Religion contrie and the liues and liberties of the Confederat Catholickes the fortes and gouernment of this Kingdome being by that peace to come vnder an other power and that of an aduerse Religion Some cri'd vp this peace as a blessing from God and the period of fire warre and desolation and though it was reputed a blessing yet was an army a preparing to enforce it vpon vs others who look'd neerer vnto it said it would proue fatall to Ireland and Religion and vnexpectedlie a great army as it were of meÌ„ risen out of the Earth came from the North to oppose it While the Souldier had sword in hand to proscribe this rotten peace my Superiours put a pen in my hand by way of suruey to lay open to the world the iniquitie and inualiditie thereof The first part of this Suruey containing the iniquitie I dedicated to the right Reuerend Prelats and Congregation the second part speaking the inualiditie of it I addresse with all humilitie and candor to the power and great wisedome of this assemblie I will say with S. Paul ueninon in sublimitate sermonis aut
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
ratiocination if the Kings owne commands could take no effect with his Protestant Ministers of jâ—stice in Dublin such an aversion have they against the distressed Catholiques much lesse will any subjects promise be able to procure any thing for us or having procured it be able to bring it to any effect What need wee runne to France or elsewhere to procure that which his Majestie hath already granted us There are the Kings owne commands to repeale the penall lawes can any one procure us more What is the let the subjects disobedience who will not put in execution the Kings commands And how may the Maâ—ques of Clanrickard procure any thing in France when as the French Agent here pleadeth strongly for the acceptaâ—ion of Ormonds unjust and invalide peace and never vouchsafeth to sollicit for Glamorgans just and valide peace 70. The second thing promised by the Marques of Clanrickard is that the Catholiques shall not be disturbed in the enjoyment of their Churches or any other Ecclesiasticall possessions untill that matters with others referred already receive a settlement in a free parliament c. Though this be but a promise yet were it actually procured must not wee be cast out of our Churches and possessions whensoever this settlement shall be in a free Parliament for untill then and no longer are wee to hold possession by Glamorgans peace these are actually granted us for ever By Clanrickards engagement we are onely promised that we shall enjoy the Churches possessions that were in our hands at the publication of the late peace By Glamorgans peace these are not promised but actually granted unto us and with all other Churches lands tenements tithes and hereditaments other then such as are now when that peace was concluded actually enjoyed by his Majesties Protestant clergie or subjects So as in case God should blesse the consederate Catholiques with such victories against Iusequin and the rest of the Rebells in Mounster and Vlster as hee blessed us in Connaght by Glamorgans peace all the Churches and Ecclesiasticall lands c. must fall unto the Catholique Clergie by Clanrickards engagement they must fall unto the Protestant clergie so as all our warre for the future should be to raise that Sect and by raising them to suppresse our selves which being once knowne to forren Princes and Prelats they would subtract all their helpes from us and the Catholique subjects at home would with good reason withdraw both arme heart and meanes from such a warre 71. By the same engagement there shall be forth with a Catholicke Lieutenant generall c. If he be sworne to the Catholicke confederacie approved by the kingdome it s wel Such an one was granted unto us long since by his Majestie how he was put off let them judge who know best the state of that affaires All incapacities are taken away from the Catholickes by Glamorgans peace c. what then should hinder us to have a catholicke Vice-Roy which is said to have been also granted unto us by his Majesty Item our Generals shal be invested with principall commands worthy of them c. These principall commands being not specified may be interpreted a Colonels place which indeed respectively is a principall place That they be invested in some important Garisons NOVV under his Maiesties obedience suffers the like interpretation and gives warning to Noble Preston that he must out of Duncanon for they will affirme that that garison is not under his Maiesties obedience but under the Confederate catholickes obedience Further by the engagement is is said that a Considerable number of the Catholicke Confederats forces shall immediatly be drawne into all the chiefe garisons under his Maiesties obedience This concession is good if it were performed but because herein the Marquesse of Ormond fayled therefore Noble Preston retyred and freed himselfe from the engagement If it were granted that a proportionable number should be drawne unto c. 't were more secure for otherwise our catholicke forces being farre lesse in number than the protestant forces would be subject to massacre But the clauses inserted in the Protestation made or to be made by the generals and commanders upon acceptance of this engagements marres all the market and would frustrate our forces of all their pretensions and the catholicke confederats of Glamorgans peace These clauses I commit not to the Print because I have no order so to doe 72. Now to come to the second thing which is to be considered Glamorgans peace is grounded on the Kings Commission dated the 12. of March where his Majesty authorizeth him as firmely as under the great Seale to all intents purposes obligeth himselfe in the word of a King and a Christian to ratifie and performe what he should grant to the Confederate Catholickes His Excellency the Marquesse of Clanrikards engagement is grounded on no such Commission he onely voluntarily engageth himselfe without any invitation of the confederate catholicks and is assumed as an instrument by those who would crosse his Majesties foregoing grants made unto the catholickes who may reasonably thus discourse with themselves if those men have frustrated his Majesties owne grants and the peace by his commission concluded how much more will they frustrate the engagements of any private subject which are grounded on nothing but on his own undertakings and in case of non performance the catholicke confederats have no redresse Neyther doth the Kings Lieutenant himselfe oblige himselfe to the performance of any thing nay rather this engagement supposeth his opposition to some things To conclude omitting much more the parties who concluded Glamorgans peace have beene authorized by King and countrey the parties concluding Clanrikards engagement have beene authorized by neyther and therefore invalid and to no effect Out of which and what alreadie hath beene answered by the councell and congregation 24. Novemb. 1646. it is evident how farre those nine catholicke church-men of Dublin erred in their judgement when unto a question propounded unto them touching this matter they answered that the Roman Confederate catholickes of this kingdome may without scruple submit to the late rejected peace and accept thereof as strengthned with the said addititionall engagements Neyther can it avayle them to adde the circumstances of times and present state of this distressed kingdome considered seeing we had better conditions from his Majesty himselfe when we were in a worse posture we were never in a better posture then we were when this engagement was offered if mischievous faction had not put a division among us Veruntamen vae illi per quem scandalum venit If the rejected peace with these additionall engagements could be accepted without scâ—uple I believe the Councell and Congregation could judge better thereof than any privat men who were not in a fâ—ee condition to deliver the sense of their soules Ecce praedico vobis liâ—ertatem ait Dominus ad gladium ad pestem ad famem The Epilogue THus by the Divine