Nicholas Plunket Sir Robert Talbot Sir Richard Everard Dermot O Brien Patricke Darcy Geofrey Browne Iohn Dillon and Richard Martins Esquires authorizing them or any five of them to treate agree and conclude with the Maâ—ques of Ormond a firme lasting and setled peace in such manner as they in their iudgements should thinke fit and most available for the said Catholiques and generall good of this realme 34. For the Councells warrant to grant this commission they alleage in the same act an act past in the generall assembly held at Kilkenny the 20. of Iuly 1644. Where say they in the act of their Councell the said assembly authorized the foresaid 13. persons to treate agree and conclude with the Marques for setling and concluding of a sirme and perfect peace otherwise to conclude of a further Cessation Where the Reader is carefully to observe that the assembly according to the Councels own relation appoints indeed those 13. persons as a Committee of the Treatie but doth not limit the same unto any five of them as the act of the Councell hath done I have made search among the Acts of that assembly but could not finde any act dated the twentieth of Iuly 1644. I have indeed found an act of assembly made 10 Augusti 1644. where it is ordered that the undernamed shall be super added to the Commissioners lately authorized by Commission to goe to His Maiestie now to goe to the Lord Lieutenant to treate with his Honour for setling a firme peace within this Kingdome or a further Cessation of Armes The persons undenamed are the Lord Archbishop of Dublin Earle of Antrim Lord Viscount Mountgaret Sir Richard Everard Patricke Darcy and Iohn Dillon Esquires The Commissioners to goe to His Majestie were the Lord of Muskerie Nicholas Pluaket Alexander Mac Donnell Sir Robert Talbot Colonell Dermot O Brien Geoffrey Browne and Richard Martin The like Commission was made by the second and last Supreme Councell unto the same Committee of Treatie de verbo ad verbum as appeareth in the abridged registers of the Acts of the same Councell 35. To shew the insufficiencie defects and nullitie of the said commission wee neede not entertaine sharpe-sighted Lawyers the errors and defects thereof are so grosse and palpable as men meanly versant in that profession may without difficulty discover them Wee say then in the first place that it appeareth not by any act of assembly that I could light on that either of both Councells were ever authorized or enabled by the Kingdome to give any Commission to the foresaid Committee of Treatee either to treate of or conclude a peace with his Excellency Not in any act of assembly past the twentieth of May 1644. as the foresaid Commission given by the first Councell doth mention for no such act can I finde in the Records of the assembly notwithstanding I have together with the Clarke of the assembly made diligent soarch for the same As for the Act of assembly 10. Augusti 1644. even now mentioned number 34. you see the kingdome selected indeed the foresaid Committee of Treaty but never by that act authorized the Supreme Councell to give them a Commission to that effect Yet that such an authoritie is necessarie is supposed by the Councell it selfe which groundeth it selfe on the like authoritie as you have heard numb 34. for as the assembly onely in the name of the whole kingdome and not the Supreme Councell had power to send Commissioners to His Majestie so the Assembly onely and not the Councell had power to send Commissioners to His Lieutenaut to treate and conclude a peace Yet supposing such a Commission or power were given by the Assembly unto the first Supreme Councell wee say in the second place the same or the like commission and power ought to have beene renewed by act of Assembly and given unto the new Supreme Councell authorizing them to give Commission to the foresaid committee of Treaty to conclude a peace and to guide and direct them therein because if any such Commission was given by any assembly unto the first Supreme councell both that commission and any other commission given by the Councell in vertue thereof to the Committee of the Treaty is extinguished and dyes with the same Supreme Councell because as morte mandantis so morte mandatarij extinguitur mandatum saith the law as by the death of him that gives a Commission or mandat so by the death of him that receives it the Commission or mandat is extin guished If he for example that gives or receives a letter of Atturney to prosecute a cause or to doe any other service dyes the letter of Atturney dyes with him The same wee may say of Agents or Ambasladors sent from or to any Pâ—inces or Prelates Accordingly wee say that the first Supreme Councell being removed from that office are civilly dead and therefore any authority given them in this particular or by them in vertue thereof given to the Committee of Treatie for in these two respects the Councell may be called Mandatarij and Mandantes is extinguished and dyes with the late removed Councell 36. It is true that the common power and authoritie given to the Supreme Councell by the Modell of Government may peradventure descend upon the succeeding Supreme Councells because by the Modell of Govurnment that common power is expresly declared to be conferred by the Kingdome on the Supreme Councell for the time being but the case is other wise in this weighty matter whereon depends the securitie and safetie of Religion King and Subject and therefore being transcendent and extraordinarie it must be acted by and concluded by transcendent and extraordinarie power and as the Commissioners appointed to goe to his Majestie must have beene established and appointed by the whole Kingdome because indeed their imployment concerned the whole Kingdome so for the same reason the Commissioners appointed to treate with His Majesties Lieutenant in this particular must be authorized either mediatly or immediatly by the whole Kingdome for as much as their imployment concernes the whole Kingdom If His Majestie did conferre any power or authoritie upon any Corporation which hee would have to continue in the succeeding Magistrats thereof hee is carefull in his patents or Charters to use these words to the Maior or to the Maior and Citizens for the time being to shew that his intention is not to make this power personall onely but in that commission which the first Supreme Councell pretend to have had from the assembly there are no such words used authorizing the Supreme Councell for the time being Much more may be here said which I leave to our learned Lawyers discussion whereof some vnto whom I have propounded this difficultie have assured me that for this respect the Commission given our Committee of Treaty by the Councell wassufficienr and invâ—alid And when I admired that the Supreme Councell dared attempt such an enterprize without a full and
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
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
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
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
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
solid authoritie from the Kingdome my admiration was augmented by the answer I received from one affected to them to wit that the Councell made no doubt to conclude all things as they pleased by force 37. The last Supreme Councell was established the second of March 1645. Their Commission to the Committee of Treaty was given the sixt of March following After diligent search I found among the assembly acts of that second day of March this act It is ordered that the Supreme Councell and the Committee of Instructions as by former order in that behalfe appointed shall sit this afternoone and PREPARE all affaires conceaning the Treaty of peace and with all possible speed dispatch the Commissioners to Dublin But neither this order nor any other former order I could light on doth give power or authoritie to this new Supreme Councell to give any commission to the committee of Treatie either to treate or conclude a peace at all much lesse to conclude such a peace as the committee of Treaty in their Iudgement should thinke fit which is the commission the first Supreme Councell gave the committee of Treaty for which I am perswaded they never yet had authoritie from the Assembly It is one thing to sit and PREPARE all affaires concerning the treaty which alone this order imparts another thing to be authorized by the Assembly to give commission in the name of the Kingdome to the committee of Treaâ—y to conclude what peace they listed which is the point here questioned But here occurres unto the what I have beene often told even by members of some assemblyes past that such I will not say Factionists as precipiâ—aâ—ed into this abortive peace had their private cabinet Councels where they moulded what Orders they thought convenientâ— for their purpose which they ordinarlly presented about the perclose of the Assemblyes and when they saw such as they thought would oppose them absent and prepared such as they knew would adhere to them and set forth the matter with a specious glosse to be present and so caused such orders to passe surreptitiously without any deliberation or mature consideration by the house of such orders or of the ends the Moulders of them intended I suspect this order though it make little to the present purpose to be one of those surreptitious orders the cause of my suspition is that in the selfe same Assembly 19. February the whole Kingdome unanimously agreed and promised unto the Lord Nuncius that they would conclude nothing with the Marques of Ormond touching the peace untill the first of May following what appearance is there then that the same Kingdome in the same assembly should order that with all possible speed the Commissioners should be dispatched to Dublin and thereupon to signe and seale a peace the same moneth never expecting the first day of May as they promised and by that meanes so to entangle the businesse as whether the Popes peace came or no by the first day of May the Kingdome was obliged to embrace Ormonds peace though ever so unjust and indeed so some of the very Committee of Instructions were perswaded but the unfolding of this mysterie wee leave unto the assembly which I pray the God of truth to illuminate and preserve from faction and division §. 9. Other defects proving the insufficiency and invalidity of the said Commission 38. IN the Commission given by the first and last Supreme Councell they authorize the committee of Treaty nor onely to treate and agree but also to conclude a peace with the Marques of Orâ—nâ—nd their authotitie herein they father on the act of Assembly past 20. Iuly 1644. which kinde of act I could never finde among all the acts of Assembly nay the contrary is evident as well by both the Acts of assembly above specified numb 34. 37. as by other acts which hereafter I shall expresse that they had power onely to treate of the peace and to prepare matters conceruing the same but not to conclude iâ— I have indeed heard that our committee of Treatie laboured in severall Assemblyes to have absolute power given them not onely to treate of but also to conclude a peace but as yet I have not seene any such power granted neither ought any such power at any hand be granted to any particular men who by faction corruption or affection might be able to destroy Religion King and Countrey These men 〈◊〉 desired this absolute power are knowne to be either of allians with the Marques of Ormond or to depend of him or to have beene deluded by him with vaine hopes of promotion wherefore it is not secure for the Kingdome to give absolute power to such persons how honourable and faithfull soever they may be esteemed to be neither ought they if they would avoid the just suspicion of the people demand it We must not put the cause of God to compromise to Achitophel If then it appeares cleerely our committee of Treatie had no power to conclude but to treate of a peace onely who may doubt but their proceeding to a conclusion without commission is altogether in valid peradventure they may produce some act of assembly for an act of the Councell or committee of Instructions will not serve their turne to pâ—ove they had not onely power to treate but also to conclude such a peace as they thought fit but hetherto I have not seene any such and if any such shall be produced It rust the Kingdome will be so carefull of its owne honour and wellfare as to disqusse the validitie thereof and the wayes and meanes which were used in getting forth such an act It can hardly be exemplified that foure or five persons in a Kingdome had ever such absolute power given them as to conclude a peace within the same Kingdome for and concerning the most important affaires that ever could be agitated in a Kingdome even then when they might call upon an assembly of the whole Kingdome to try and examine the justice or injustice validitie or invaliditie of the said peace and that the power should be so unlimitted as their Commission had no expresse relation to any Instructions by which they ought to be regulated That five secular men should be made Supreme Iudges in a Catholique Kingdome of Prelate and Priest of Regular and secular of Religion Church and Church-livings of Ecclesiasticall Iurisdiction administration of Sacraments celebration of divine service and office c. à seculo non est auditum no not in Henry the eights owne dayes Numquid omnes Crumvelli numquid omnes vicarij in spiritualibus temporalibus numquid omnes Braini And this is the third argument whereby wee prove the invaliditie of the said peace 39. The fourth argument may be deduced out of the number selected by the kingdome to be of the Committee of Treaty which was thirteene as you may observe out of the act of Assembly numb 34. by which act there was no power given the Councell
to reduce them to the number of five or to a lesse number than 13. This selected number of 13. did belong unto the substance and as it were essence of the commission or authoritie given by the Kingdome and therefore could not be altered without rendring the commission invalid When I reade in the commission given by the first Supreme Councell to the committee of Treaty that the number of thirteene was appointed and no power mentioned therein authorizing them to diminish that number I was indeed astonished and therefore laboured so much the more earnest to finde out if any act of Assembly there were giving them any such authoritie at length I lighted on an act past 23. August 1644. Wherein it is ordered by Assembly that the Supreme Councell shall grant Commissions under Seale from time to time unto such and so many of the Commissioners nominated and authorized by the house to TREATE with the Lord Marques of Ormond for establishing of a firme peace within this Kingdome or a further Cessation of armes as the said Supreme Councell and the additionall Committee of Instructions shall thinke fit This act of Assembly may seeme to quell the strength of my fourth argument Yet I cannot but resume and urge for my argument against this order 1. that it doth not so much warrant the Supreme Councell to diminish the number of the Committee of Treaty as it doth limit the power of the said committee for here as in the first act of Assembly no greater power is given them than to TREATE of a peace c. and no power at all to conclude a peace 2. This act seemeth to me very suspicious in as much as the same assembly not above thirteene dayes before supposing those seven Agents who were authoriâ—ed to goe to His Majestie to be too little to treate with the Marques added positively six more as above you have seene insinuating thereby that they intended to have that full number alwayes in the Treatie and no lesse 3. Here my second argument may seeme to have force If this act of Assembly and that other of the tenth of August 1644. were not renewed upon the removall of the old Councell and institution of the new the power and authoritie given by those acts seemes to dye be extinguished with that old councell because indâ—â—e mandantis extinguit unmandarum 4. The Commission given the committee of the Treaty is not grounded on this act but on an act of the twentieth of Iuly 1644. above number 34. 5. It must be also grounded on an act of assembly authorizing them to reduce the number of 13 to 5. which act we finde not 6. â—ow ambiguously soever this act hath beene couched yet it may seeme to prove that the number should be full 13. for it ordereth that the Councell should grant commission to such and so many c. as were authorized The words as they shall thinke fit have relation either unto a treaty of peace or a Cessation of armes as they thinke fit and not unto any reduction of the number of 13. to the number of 5. 40. But here I must not omit to advertise the Reader of the cause of my suspition as soone as ever the foresaid number of 13. was chosen to be of the Committee of Treaty forthwith before they could be sent unto Dublin notice was sent in Post even by some of the Supreme Councell to Dublin that such persons were elected among whom there was one catholique Bishop The notice was sent by a letter to Sir Maurice Eustace inclosed in a letter to this Supreme Councellors Nephew then resident in Dublin upon which letter was written haste haste post haste Whereupon letters were return'd by the Marques of Ormond to the Councell or assembly that he would not treate of any peace with us if any Catholique Bishop were of the committee That ever the Marques obtained his desire herein by consent of the assembly I never heard nay I have heard the cleere contrarie that the assembly resolv'd never to change or diminish the number of that committee Howsoever I doe not know but this act of the 23. of August was hedg'd in upon this motion the circumstances whereof I could wish were diligently examined How his Excellency could deny to treate with any commissioners we sent without disobedience to the Kings command commission given I doe not know The summe is as he would have a peace of his owne moulding so would he have a committee pliable to his owne resolutions and it is remarkable that when any that was of that same small number of five which the Councell cul'd cut were suspected to stand constantly for the cause of God and the Countrey and not to yeeld to the Marques his abject conditions such art was used that such kind of persons were then kept from the Treatie when all things were upon conclusion Among these was worthy Mr. Nicholas Plunket whom for honour sake I nominate though hee also past not altogether free from blemish in subscribing to the command for the publication and acceptation of the peace wherein so well deserving a man might be excused having thought all remedy for redresse to be impossible Had our people Machabean spirits inflamed with Gods love and the advance of his holy Religion they would select no other out of that 13. but such Ormond rejected and chiefely the Arch bishop of Dublin and omit no other but such as Ormond would have admitted 41. Other argumenâ— against the sufficiencie of the Committee of Treatyes Commission may be thus briefely framed the commission given by the Supreme Councell was grounded on an act of Assembly made 20. Iuly 1644. no such act appeareth Ergo their commission given the Committee of Treaty may not subsist quia non posita causa necessaria non ponitur effectus non posito fundamento non ponitur tectum Againe in no act of assembly can I reade that the Councell was authorized to give this power to the Committee to treate agree conclude c. a firme and setled peace c. in such manner as they in their judgements should thinke fit and most availeable for the said Catholiques generall good of this realme Yet this is the power the Councell hath given them which how faithfully they have executed you have already and shall hereafter heare Moreover their Commission was to conclude a peace or a further Cessation they have done neither for in their reasons presented to the Congregation in Waterford they confesse they have made no peace but a pacification which they call a present union with expectancy of an absolute peace to follow For concluding such pacification you see their Commission authorizeth them not Furthermore by Commission the number of five at least were authorized to treate and conclude the peace the articles of peace in the Preface reduceth this number of five to foure telling us of a Commission authorizing them or any foure or
onely the Lord Marquesse his forces and those forces how great are they that they may not be repulsed And seeing we neede not feare the enemies this yeare why should not wee hope that even the souldiers that are in Mounster may after this present expedition be turned to the defence of Leinster and by what other wayes soever to preserve Leynster Wherefore right honourable it must be concluded that that peace must in no sort be made neyther must it be treated of before the things mentioned be notifyed unto you least by an imaginary utility of repose you leese your estimation with Christian Princes Be these spoken over and above what in my Protestations and in my letters to the Supreme Councell I have sufliciently declared praying that your Honours would ponder them with the same spirit I wrote them namely for the sole increase of the Catholicke Church and the true and solid felicity of Ireland which felicity God alone and the Catholicke faith is able to give all things else concluded whatsoever the world and the followers thereof can say Thus farre elegantly religiously the Lord Nuucius in Latin §. 14. An abridgement in English of a third Letter in Latin dated 25. Iumj 1646. and sent to the same Councell and Committee by the Nuncius in answer to their Letter 14 HAving acknowledged the receipt of the Councell and Committees letter above mentioned hee first shewes wherefore he did not sooner communicate the protestations to them Know therefore saith he that therfore the said protestation hath beene made by me when in the moneths past it was vehemently doubted and not without cause that the Supreme Councell and Committees would then by all meanes conclude a peace with the Lord Lieutenant and not expect the articles transacted between his Holynesse and her Majesty the Queene of England and by consequence that they would preferre any other peace before the Popes peace which contayned most honourable and most plentifull conditions for this kingdome And when I presented this my griefe unto the Prelats Clergy they without reluctancy of any subscribed to my opinion according to the reverence they ought and doe beare to his Holynesse But wherefore the protestation was suppressed I alone am the cause thereof being not willing to shew it untill I were compelled through great necessity and desiring for the love and observance I beare your honours that it could be perpetually suppressed but wherfore I have in this present state of things manifested it this was the cause that your honours might seriously consider that both Clergies are yet much more ready to subscribe unto it againe if any peace be concluded that may be any way scandalous or lesse honourable for Religion when as for the expectation of the articles of Rome they so readily subscribed thereunto 15. He denyeth that they communicated unto him the manner of their proceeding in the treaty saying though they still informed him of many missions of the Committee to Dublin yet it is also certayne that they never spoke unto him untill the moneth of March of the peace with the Marquesse now subscribed nay it was expresly denyed although I oftentimes shewed that I understood from many places of such a thing and when after the notable declination of the Kings Majesty and the wonderfull change of the state of things I wrote two letrers to your honours the one the 27. of April the other rhe 5. of May sent from Kilkenny wherein I endevoured to shew that no peace could be made with the Marquesse c. I vehemently grieved I could get no answer to them neyther were the letters publickly reade in the Committee nor the reasons pondered c. whereof there can be no other cause than that hidden conclusion of peace which could be no way dissembled if answer were given Whence I might easily suspect that which for many moneths hath beene bruited namely the magnificent proclayming of the communication of all matters with me and my consent therunto that by such reports the people might be drawne with more alacrity to consent unto this intended peace Which thing most illustrious Lords imposed a great necessity on me if an honourable peace were not concluded to admonish the kingdome and the chiefe Cities thereof that I never gave assent thereunto least I should seeme by my silence and presence to blemish the most holy intention of his Holynesse who urgeth nothing more than this free publike exercise of the Catholicke Religion c. 16. Vnto the necessities alleaged by the Supreme Councell and Committee he answers no necessities could be so pressing as to force the Confederats to make any peace or to accelerate politicall conclusions without an honourable addition of things Ecclesiasticall also c. and that the cause why such plentifull succours as they expected from Rome came short of their expectation was that at Rome it was held that the Supreme Councell Committees by their Cessations with the Lord Lieutenant did corrupt the good successe of the affaires and the progresse of their victories whereby they injur'd themselves and his Holynesse which opinion grew so strong in Court as the same was insinuated by the sacred Congregation unto the Nuneius himselfe when he was there among those of the wisest sort grew so violent as it can hardly be now blotted out He addeth further though the succour by himselfe brought being considered abstractively were indeed very little in respect of what his Holynesse and other Princes of Italy together with the cardinals resolved to send yet ought they to be esteemed much considering the povertie of the See Apostolicke which by the last warres was in a manner exhhausted and the charge of sending hither an Archbishop a Nuncius Apostolicke c. which was an undoubted pledge of further succours from time to time neyther ought they to be esteemed small succours without which the Armies could not be timely sent into the field this yeare and by which in Vlster two great victories have beene obtayned a whole province freed such a slaughter made of the enemy as was not heard of these foure hundred yeares which with the hopes of Prestons victories in Connaght are strong arguments that the monyes given by the See Apostolicke for the advance of the Catholicke Religion doe bring forth immense fruit even to miracle if with due confidence estimation they be received employed 17. He urgeth the affaires of Vlster to proceed so well as that Province was never in better condition that the proceeding of Connaght was not of lesse hope and that if Bunratty were besieged as it ought the Army that was in that Province might be sent to Mounster and so three Provinces recovered in the residue of this Summer VVherefore saith the zealous and incomparable Prelat seeing the Marquesse of Ormond alone remaynes who may oppose himselfe to the Confederats I pray you what reason have you why you should feare him if
he may neyther joyne with the Scots now overthrowne and that he is in such want of monies as hee hath beene forced to beg three thousand pounds from your Honours these later moneths to make up souldiers for from England there is no danger that any succours shall come unto him this Summer Give me leave right Hhonourable to speake freely to you this favour miracle of heaven requires from you some compensation or thankesgiving this can never better be payd by you than by laying aside all feare and by increasing your confidence in the divine ayde 18. He goeth on egregiously shewing there was no necessity on our part nor any power or authority on the Marquesle his part to make a peace that more prejudice would arise by such a peace than by warre as first the dishonour which thereby might redowne to the Nuncius Secondly the dishonour unto the whole Nation among Christian Princes abroad Thirdly the distaste of the See Apostolicke that the worst of all peaces should be preferred before his which was the best of all Fourthly that it was as good to make no peace at all for the Church as to trust Glamorgans peace being now recalled by his Majesty by Glamorgan himselfe abandoned and the condition no way performed Fiftyl the ruin of the Catholicke Faith by raysing unto the chiefe government a Protestant Lieutenant Sixtly the danger of resuming Armies when the enemy is put in the height of authority and power Seventhly the assurance of no reconciliation with the Pope if the peace were concluded Eightly the exile of the Nuncius Ninthly the just feare of loosing whatsoever the Confederate Catholickes have gayned 19. He fore warnes them of their dishonour among Catholicke Princes to whom he must publickely notifie his dissent from that peace and adviseth them by no meanes to goe forward in the peace if there were any difficulty that a Generall assembly should be called upon to determine the same the least mischiefe should fall on their owne heads alone and least they might be thought to have examined lightly and contemptibly the Popes reasons Thus farre the Apostolicke Legat where you are to observe that after this answer was made by the Lord Nuncius and before the peace was legally concluded Bunratty and Roscoman were gayned by the Catholick Confederats and Prestons Trophyes erected by purging all Connaght Sligo onely excepted of the Scots whereof more numb 32. §. 15. The Authors observations on the Councell and Committees Letter above mentioned §. 12. and their reasons to conclude this peace resuted 20. THe Author observes in the first place that the Councell and Committee acknowledge the receipt of the Nuncius and Clergies protestation against any peace to be made with the Marquesse of Ormond together with the Lord Nuncius his letter to the same effect In which the Nuncius declares the cause of his opposition to such a peace namely untill first the splendor of the Catholicke Religion be â—stablished and with the articles published For this cause chiefly the Catholicke Confederats tooke up armes as appeareth by their severall Declarations Remonstrances to his Majesty solemne Oath of Associaâ—ion Modell of government and severall acts established and published in both the Assemblies held in Midsummer 1645. and February 1645. The same is confessed by the Councell and Committee in this very answer sent by them to the Nuncius Templa aedes sacrae altaria aur haereticorum polluta insâ—rviebant vesaniae aut solo aequaeâ—a jacuerunt penes Protestantes c. pro aris focis Regis sui indubitato jure bel lum inerâ—es moverunt See as yet more amply in their owne Declaration and other evidences hereafter to be produced upon these grounds and upon the promise made by the same Councell under their owne hands and delivered to Master Spinola that they would never make any peace but what the Lord Nuncius would consent unto whereof mention is made in the Lord Nuncio his protestation above and hereafter shall be made more susely the Lord Nuncius and with him the clergy confidently avouched he would never consent unto any peace untill first the splendor of the Catholicke Religion were established and with the articles published With the Lord Nuncius and Clergy agree the soundest and all the disinteressed part of Councell and Committees whom those others who concluded this pacification or peace in expectancy terme the ill affected of the Councell c. and with these also conspire the whole kingdome in then severall protestations and acts published in the Assembly held in Midsommer 1645. namely 2. 4. 9. 11. 13. Iunij 1645. and 14. 18. 21. 28. of August and in the assembly held in February 1645. namely 5. 7. 9. 10. 12. 19. c. The two powerfull Armies such as never yet were seene in Ireland raysed and gathered together on a sudden even then when the late Councell had exhausted Pope Clergy and kingdome to defend the publicke cause doth confirme the generall dissent of the Confederat Catholickes from that illegall unsafe and unsecure peace which defence had proved the most fortunat to Religion King and Countrey that ever Ireland saw had not faction and sedition preverted the happy successe thereof But Expecta Dominum viriliter age confertetur cor tuum By all which it appeares how far they erred who in their foresaid answer to the Nuncius affirmed that the chiefe Cities Counties and Commanders were glad to embrace ANY PEACE c. Experience hath taught theÌ„ ere now the contrary notwithstanding the multitude of conspiracies wrought to seduce such Cities and Commanders 21. To prove the revocation of the Committees commission by the said protestation wee say that as the body politicke of this Kingdome is composed of two parts the spirituall and the temporall so ought not the temporall part alone aslume such authoritie to it selfe as to conclude a peace for the whole body even then when the spirituall part positively resisted That the temporall part should dispose of the lives livelyhood liberties and estates of the spirituall part at their owne pleasure without their consent was a sacrilege practised in the apostaticall dayes of Henry the eight yet did he still preserve the Catholique faith and established severall acts of Parliament for securing thereof onely hee erred in the point of Supremacy In our dayes the one and the other is taken from us a few secular men not only dispose of the lives livelyhood liberties and estates of the Church but also distroy Faith and Religion by giving the same over unto the Tutelship of the sworne Enemies of Faith and Religion and as if they were emulous of the prosperitie of holy Church have renounced those great graces which our Soveraigne conferred on us for the conservation and free exercise of our Religion and accepted of his subject whom they know to have at least indirectly vowed the ruin of Religion abject pernicious conditions destructive to Religion Nothing now is wanting but that they imitate
Archbishop the Clergie are fully satisfied and doe rest content with what already is agreed upon concerning that particular Words to the same effect I reade in my diurnalls of the assembly 19. 20. 23. February 1645. wherein the Nuncius himselfe confirmed the above mentioned speech of Glamorgan and Glamorgan himselfe signified againe in publicke assembly that our peace then was to our owne hearts desire But all this being after changed as you heard and the King himselfe being reduced to that deplorable condition as neither his Majestie nor his Lord Lieutenant were able to make good any conditions to be agreed upon in the behalfe of the confederate Catholiques the committee of the Treaties commission if any they had was extinguished and they to discharge their owne conscience and the trust imposed in them and withall to avoid the suspicion which the Kingdome conceived of them should endeavour by the mediation of the Supreme Councell and committee of Instructions to have an assembly forthwith called as the Lord Nuncius earnestly desired in the behalfe of the Clergie and Kingdome And seing by the words of the Archbishop of Tuam the point of Religion and Church was otherwise concluded and agreed upon betweene the Clergie and the Kings speciall commissioner they had no commission to treate or conclude any thing to the prejudice thereof with any other Now if they will obstinately insist upon it that the Clergie or spirituall member of the body politicke of this Kingdome could not recall the power or commission granted unto them by the whole body surely they will not be so perversly obstinate as to deny they may recall the commission for so much of the matter to be treated of as belonged to themselves namely the affaires of Religion Church and Church-livings Iurisdiction c. Yet I am of opinion if one of three Marchants who are partners contractu Societatis or otherwise recall a procuration or letter of Atturney made by the three to one Factor to negotiate their affaires the revocation is valid and good More examples and authorities I leave to our Lawyers to be alleaged Lastly to come to a period in this particular you see by the diurnall of the acts of Assembly 19. February above mentioned the words goe not so that our councell or committees should expect untill May the conclusion of any peace and that the Nuncius desired no further time as they insinuate in their answer but that the conclusion of the peace betweene the Lord Nuncius Glamorgan and Committee could not receive full satisfaction untill May. By which words alone if all other reasons were wanting their objection is blasted Yet let us againe suppose a falshood that the Clergy did once consent that the Committee of Treatie should after May conclude a peace with the Maâ—ques of Ormond who may doubt but they might afterward absolutely recall any such consent and that the committee being certified of such revocation could not validly proceede See the decretalls lib. 1. de Rescriptis Tit. 3. cap. 33. and the glosse thereupon where a Rescript obtained by a Proctor or Atturney after revocation of his procuratorie is declared invalid by Pope Gregory the ninth which may very fitly be applied aswell to the Revocation of the Marques of Ormonds commission as to the revocation of our committies commission A fourth observation refuting the allegation of the Councell and Committee affirming that the necessitie and calamitie of the Kingdome enforced them to conclude this peace 30. To the objection made concerning the necessity of our countrey and want of meanes to prosecute the warre a threefold answer is returned First that by conjunction with the Marquesse of Ormond upon such sordid conditions such necessity is rather augmented than any way decreased as appeareth by what wee have observed above and in the first part of this survey in our observations on the 25. Article for by that peace were it accepted we were tyed to maintayne not onely the Catholicke Confederats army and the Garisons in their Quarters but also all the armies and Garisons belonging to the pretended Protestants in the foure Provinces of Ireland wee should be at the charge to maintayne the Marquesse of Ormond his followers the Lord Digby and other pretended Protestants that throng hether which would be more burdensome to the kingdome than the maintenance of an Army in the field to speake nothing of the danger whereunto the Catholicke Religion would be driven by entertayning such guests whose imaginations and endevours are wholy employed in sowing sedition and division among the Confederate catholicks to the end they might ruine this poore Nation suppresse religion and rayse up heresie unto whom when the catholickes have done the most charitable offices they may they must expect no other reward than that which the ten Leopards gave unto the martyr saint Ignatius We may foresee our future calamitie by such conjunction in the present calamity wherin the distressed Catholicks in their Quarters are The pretended Protestant party have neither meate money amunition or other provision for warre How then doe they expect to be relieved but by the Confederate Catholickes There were but three hundred pounds in our Treasury at Kilkenny when the Marquesse of Ormond came thither which were commanded by the late councell to be forthwith given to that handfull of souldiers that wayted on his Excellency to Kilkenny from Dublin There are at least fourteene thousand pounds due on the Marquesse of Ormond for the maintenance of the protestant Army and Garisons in his Quarters as appeareth by the Treaty past betweene his Excellency and the commissioners sent unto him by the parliament Who doubts but that great summe would be racked from the confederate Catholickes if once they joyned with him upon the rejected peace I pâ—sse by the 1200. or 1500. pounds given to the Lord Digby c. adde hereunto upon conjunction upon a peace so disadvantagious to the catholicke faith the succours expected from catholicke Princes and Prelats abroad would be wholy subtracted from us without whose succours wee shall never be able to subsist on the other side the pâ—otestant party expect nor a groat from any their allyes at home or abroad 31. Our second answer is that the loud cry of the people and that confirmed by the Lord Nuncius his letters above is that our late Supreme councell themselves are the chiefe cause of such weakenesse and necessity aswell because they continued for the space of three yeares a tedious chargeable and needlesse cessation with the Marquesse of Ormond by which meanes the Parliamentary rebels in the North Conaght and Mounster who at first accepted the cessation had leasure enough to strengthen themselves who having sufficiently furnished themselves from England and other places rejected the cessation and put in practise their hidden treason as also because they consumed vast summes of mony on the Marques of Ormond and other known enemies of Religion without any necessitie
pax Ierem. 6. 14. See 1. part art 15. c. And p. 2. § 2. See hereafter numb 35. The danger of the kingdome aggravated by the foresaid Councels Letter unto the Nuncius taken away before they concluded any peace 33. IN that Letter you have heard the Councell and Committee aggravat vehemently the dangerous state and condition wherein then 1. Iunij 1646. the kingdome was and to avoyde this danger they would needs make any peà ce upon what conditions soever This was the chiefe pretence they had to make this unhappy peace Now marke the just judgement of God discovering the corruption of this pretence before ever they concluded this peace this dangerous state and condition wherein the kingdome then stood was quite taken away by the wonderfull hand of God insomuch as Ireland was never in a better posture or condition than it was when they concluded this peace Marke it well I pray you the peace was never concluded untill the 29 of Iuly 1646. neyther were they by vertue of any anteriour contract bound then to conclude that contract as above I have proved but they remayned still in their full liberty till the foresaid 29. day of Iuly to conclude or not conclude a peace Before that 29. day of Iuly namely the sift day of Iune the glorious victory against the Scots in Vister was obtayned by the Confederate Catholickes under the conduct of the renowned Commander Eugenius O Neyle and by that meanes the dangerous state and condition of that part of the kingdome quite taken away On the 7. of Iuly which was 22. dayes before the peace with Ormond was concluded the noble and vigilant Commander Preston after deleating all the power strength of the Scots-horse which was upwards of 600. reduced to the obedience of the Confederate catholickes for his Majesties ufe Roscoman Abbey of Boyle c. and immediatly freed all that Province of Connaght Slygo onely excepted from the infesture of the rebellious Scot and had cleerely chased them out of Slygo also had not this wret ched peace given interruption to his fortunat endevours Sâ— as the dangerbus condition wherein that Province was likewise taken away before the foresaid 29. of Iuly On the 13. of Iuly which was 16. dayâ—s before the foresaid peace was concluded Bunratty was taken in the enemies chased out of that part of the Province of Mâ—unster so as the greatest danger which might be there feared was also taken away Et persecuti sunt filios superbiae prosperatum est opus in mambâ—â— eoruâ— This expedition was done by the army commanded by the Lord Viscount Muskry seconded by the auspicious accesse of the most Illustrious Iohn Baptist Archbishop Prince of Firmo Nuncius Apostolicke by whose largesses the foresaid armies of Vlster and Connaght were maintayned 34. Compare these with the Lord Nuncius his answer judicious Reader and judge whether our intrusted councell and committees have proceeded bona side in concluding this unwarrantable peace whether they have with that integritie which is sutable to the qualitie of such noble Catholiques discharged the trust imposed in them by the whole Kingdome in the weightiest affaires that ever concerned a Nation After that the God of Hosts had prodigiously rescued Ireland from those dangers and calamities which were imminent after that those great clouds which were feared to burst into a terrible storme had beene in a moment dissipated after the revocation of the Marques of Ormonds commission and of the commission given unto our committee of treatie after so many advertisments given unto them by the Nuncius and Clergie not to conclude any peace after so many exclamations of the Catholique confederates at home and of Christian Princes and Prelats abroad against the oblique proceedings of our intrusted partie and after the opposition made by the soundest part of the councell and committee It pleased the rest of them notwithstanding all this to conclude without power or commission this fatall peace whereby they have stopped our happy progresse in further victories and given occasion of the greatest division that ever yet hath been in Ireland Whereas if they were pleased to abstaine from concluding this fantasticall peace with our Enemie in one part of the Kingdome we had ere now had a true peace with all our enemie in all parts of the kingdome for indeed by Gods blessiâ—g we had either chased them out of the kingdome or we had forced them to such conditions as would secure Religion King and Countrey So as in very deed the making of this peace hath made a warre and no peace increased our daâ—gâ—rs necessities weakenesse and calamities but tooke noâ—e away Deceperunt populum meum dicentes pax non est pax Ezech 13 10. 34. It s remarkable how in then foresaid answer they aggravate only the present state condition of the kingdome in the temporallitie as if they weigheâ—â— not the staie and condition of the kingdom in the spirituallitie which was the point the Nuncius urged and the whole kingdome in their severall declaâ—aâ—ions resolved to rectifie They â—ffiâ—me that obedience due to his Majestre enforced them to any peace with what Divines did they consult to informe them how farre the subjects obedience to his Prince did extend Is it not knowne the divines that saâ—e in the same councell with them were against them can not wee render due obedience to our King without disâ—bâ—ying our God they ought to remâ—mber that lesson of the Aposties Oportet obedire Deo magis quam hominibus How shall we give to God what is due to God if we give all to Cefar and leave nothing for God But this was a worke of supererogation of theirs the Kings Majestie looked for no such blind obedience from them He gave them the repeaâ—e of the penall lawes they rejected them he gave them by publicke contract their Churches Church-livings jurisdiction and free exercise of Religion they contemned them Yet if they would needs appeare such obedient subjects why did they disobey the Kings letâ—er of the eleventh of Iune commanding no peace should be made with them I wish it appeare not their obedience was to the subject and disobedience to the Prince The Lord Nuncius in his Letters exhorteth them to fidelitie to their Prince and yet diswadeth them to mâ—ke any peace with the Marques protesting that all the damage that should befall the King and this kingdome by concluding that unjust peace should be imputed to them as to men who abuse their private affection and lucre to the destruction of the Common-wealth So as in the Lord Nuncius his opinion by whom our councell and committee should be directed if they stood to the principles of Catholique doctrine and their owne covenant with him its disobedience to the King to obey Ormond and to disobey him is obedience to the King 35. But the councell and committee in their foresaid letter to the Nuncius say they will ratify
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
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
the Supreme moderator decided the pious controversie and gave sentence as it may seeme for the resolution of the Clergy when by the articles of the peace concluded upon betweene the Earle of Glamorgan and the Confederate Catholickes his Majesty was pleased to grant unto the Clergy what they demanded herein 48. How our late Councell and Committees may be excused at least of negligence in not providing for the conservation of our Churches when they saw Glamorgans peace revoked I doe well know By the fourth article of the rejected peace they provided carefully for securing secular mens lands by the vacating of all Indictments Attayndors Outlawries c. and all Processes and other proceedings thereupon and of all Latters patents Graents Leases Custodiums Inquisitions c. that were taken on secular mens Lands oâ—â—ing secured for the spiritualâ—y The Arke is exposed to the depredation of the Philistines Gods house to the profanation of heretickes Christs patrimony to the invâ—sion of vultures Nay in lieu of procuring any act to secure us our Chuâ—ches or church lâ—vings by the second branch of the first article and by the second article of the rejected peace they rejâ—cted all former graces granted unto us that might any way secure us of our Churches c. as you may reade in the first part and first article Whether it was a greater sacriledge in Henry the 8. to take away by force our Churches and church-livings or in us to give them back freely without compulsion to be polluted by heretickes we leave to the censure of the judicious reader This much we adde to aggravate the offence that wee seeme to concurre with the sacriledge hetherto committed by such as injustly possessed Christ paâ—rimony and doe approve their usurpation by making restitution the Title which hetherto in them was invalid we render valid Chrysostome Ambrose Stanislaus Liberius Hosius Athanasius Hilarius and other Orthod oxâ— Champions of holy Church denyed to yeeld even unto Cesars so much as the possession of one only consecrated church to be profaned by heretickes and shall posterity record that the renowned Confederate Catholickes of Ireland without cause oâ— necessity yeelded unto any hereticke subject what their Cesar granted them To secure the Protestants against the Parliamentaries Ormond was carefull to article with their Commissioners because he was sure the Parliamentaries would turne the protestants out of their possessions as soone as ever they concluded upon the treaty but with the Commissioners for the Confederate catholickes in concluding the rejected peace he scorned to article any thing for the Protestants security or possessions because he was sure of them seeing there was no act or article of the peace eyther to debarre them from entring into possession or to preserve us in our possessions §. 17. The Committee of Treaty exceeded their Commission by obliging the Kingdome upon the Marques his peace to send into England 10000. men 49. VPon what conditions the Consederate Catholiques offered at first to His Majestie ten thousand men to succour him in England in appeareth out of our Remonstrance presented to his Majestie in Aprill 1642. whereof numb 42. how afterward we actually resolved to send them over and upon what conditions it appeareth by Glamorgans articles But that ever the Kingdome agreed to send over 10000. men upon the bare conditions of Ormonds peace as I never heard or read it so doe not I meane ever to believe it It is written on the backside of the rough dranght of the Articles of peace delivereâ— by Mr. Plunket and Mr Darcy to the congregation that the ill affected of the Councell would never consent to the articles but that they saw the impossibility of performance by the day of our part by the time limiâ—ted 28. March 1646. Marke I beseech you how first without any Commission they engage the confederate Catholiques in a thing impossible v g. to send over 10000. men by the 28. day of March which was the very day they entred into the engagement or by the last day of March for so I understood from one of the Committee wherein I referre my selfe to the defeasance peâ—fected to that puâ—pose To performe such an obligation by either of those dayes is knowne to be impossible after to cancell this obligation or engagement they force their fellowes of the Councell and Committees to consent unto those unfortunate articles of peace So as to escape the unjust obligation to send over ten thousand men we contracted a more unjust obligation to assent to an unjust peace 50 But what if Glamorgan would set upon us and demand of us to send over the ten thousand men according the contract past with him and present us as good assurance for the performance of his contract with us as Ormond can doe for his what will Ormonds dispensation given us not to send them over a vayle us Sure I am the catholicke confederates were ready enough on their part and as I have beene informed the Marquesse his owne Commissioners from Dublin tooke aview of the muster of sixe thousand of them for so many were to be first sent over but the Marquesâ—e had not provided any shipping to carry them away Wee were tyed to bring them no further than to the Sea-ports and every man knowes the Marquesse provided not the least vessell to bring them away neither had he so much as a chiefe commander to conduct them over So as whereas our committee would needs purchase a dispensation at so deere a rate as the condescending to so unjust a peace they ought rather to stand upon their justification and to shew the confederate Catholiques performed their part but that his Excellency performed not his part in providing shipping But alas it is knowne these projects have beene invented to cast of Noble Glamorgan as heretofore they cast of Noble Antrim both whose powers if wee made use of as wee ought wee might have spared many frivolous and chargeable journeyes to Dublin §. 18. An abstract of the letter sent by the Supreme Councell in October 1645. upon Mr Spinola's arivall unto the Lord Nuncius then being in France wherein the state of the Kingdome is set forth and a promise made to conclude what peace the Nuncius should thinke fit 51. MOst illustrious and most Reverend Lord in the last generall Assembly of the confederate Catholiques aswell the Ecclesiasticks as the Seculars by unanimous consent did determinatly agree upon certaine postulations conditions and upon the meanes to obtaine them which if they may be obtained the honour utilitie and splendour of the Catholique Religion and of the Professors thereof in Ireland shall bee excellent well provided for c. and unlesse these postulations and conditions be obtained and the promisses thereupon made fulfilled and by a free act of Parliament confirmed c. necessarily the warre must be continued 52. The treatte of peace upon the foresaid postalations and condiâ—ions long since instituted is continued they dispute for the least thing in no
tunc in lege veteri interfectio Which I wish those that glorie in their malice by maintaining still and adhering to the said peace did reflect on 66. Examples of such like Excommunications histories doe record Fulke Archbishop of Rhemes when he had manifested unto the world the turpitude of the peace made by Charles the French King with the Normans and the greatnes of the crime resolutly threatned him with Excommunication saying if you doe that thing namely make a peace with the Normans and give way to such Councells you shall never finde me faithfull I will draw backe from your fidelitie all that I may and with all my follow Bishops excommunicating you and all yours I will condemne you with an eternall Anathema Yet was not this peace which the French King intended to make with the Normans by many degrees so peâ—nicious to Religion as the late rejected peace was The like excommunication was actually fuâ—minated by Pope Iohn the eight against the Princes of Italy because they made a peace with the Saracens which peace was indirectly onely prejudiciall to the catholique faith in scelere impio manentibus misâ—rendum non est saith the Pope The like Excommunication was fulminated by the same Pope for the same cause against the people of Amalphitan unto whom he thus speaketh wee together with the consent of all the Apostolique See doe deprive you of all sacred Communion and separate you from the Society of Gods Church that you remaine in the same excommunication untill repenting you separat your selves from the wicked pâ—ey of the Pagans Geossâ—y Prince of Salernitan upon the like Excommunication being terrified bâ—oke off the peace hee had with the Saracens and afterward had the slaughter of many of them witnes Leo Ostiensis Our Chronicles of England have registred many examples of the like excommunications See Conc. Lateran sub Innocent 3. Decreto de haereticis vide etiam cap. exâ—om § credentes de haereticis cap noverit de sententia Excommunic Bullam coenae plurib locis Out of all which those eight Catholique Churchmen in Dublin may finde grounds enough to rectifie their opinion holding that the bare adhering to the late rejected peace was not a sufficient cause of Excommunication The resolution of an objection 67. Nothing was done saith the Authors of the late peace by us in the peace now published but what was exactly agreable to the unanimous sence and vote of the late generall assembly held at Kilkenny in March last whereof the catholicke Bishops were members and in whose hearing the substance of the peace as it stands now concluded was publickely read and transacted Whereunto wee answer First that information is made that some of those articles were changed in substance particularly the first article for manifesting whereof we cannot but referre our selveâ— to those that were then present in that assembly Certaine I am the Bishops consented not thereunto and it is as certaine that the soundest part of the Councell and Committee could never be induced to give their free assent therunto as above we have noted Secondly let us give it for granted that the assembly did assent therunto was not Glamorgans peace then in full force whereon the kingdome chiefly insisted Now this peace being revoked and by the Kings Leutenant rejected who may doubt but the whole kingdome would renounce the peace agreed upon with the Marquesse of Ormond and never trust to that alone This is evident seeing they renounced a better peace by his Excellency in August before offered unto them in his briefe of concessions Wherefore the Councell and Committee upon this alteration to discharge themselves should procure a new assembly to be called upon as the Lord Nuncius desired Thirdly by that assembly the committee of treaty had no power given them to conclude but to treate of a peace Fourthly that very generall assembly by publicke contract betweene them the Lord Nuncius and Glamorgan decreed the contrary never to conclude or publish any peace with the Lord Lieutenant untill the peace agitated between the Nuncius and Glamorgan were concluded and together with the other published which is an evident signe the kingdome never intended to accept of the one peace without the other Fiftly the principall part of the body politicke of the kingdome recalled your commission if any you had and protested against your proceedings See above § 10. n. r. Contrary to all this you concluded a peace Iurkingly and when you knew the kingdome would not accept thereof you endevoured to force the same upon them and to this day doe continue in the same resolution by making of factions and divisions You ought to know that the non acceptance thereof did render the same invalid Leges nulla ex alia causa nos tenere quam quod indicio populi receptae sunt A briefe appendix concerning the Earle of Glamorgans peace and his Excellency the Marques of Clanrickards Engagement 68. In both three things are chiefely to be considered first the concessions or graces granted unto the confederate Catholiques 2. The grounds whereon they are granted and the securitie for performance 3. The parties betweene whom the contract passed As concerning the first by the Earle of Glamorgans peace there is granted unto the consederate Catholiques for evermore hereafter free and publicke exercise of their Religion all the Churches other than such as are now actually enjoyed by his Majesties Protestant Subjects exemption from the Iurisdiction of the Proâ—estant Clergie a repeale of all the ponall lawes the taking away of all incapacities that the Catholique Clergie shall have their Church livings c. By the Marques of Clanrickards engagement wee are not granted but a promise is made by his Excellencie to procure a revocation of the lawes in force in this Kingdome not absolutly as the King himselfe by his letter of the 27. of Februasy 1644. and his Commissioner the Earle of Glamorgan granted but restrictively inasmuch as shall concerne any penaltie inhibition or restraint upon Catholicks for the free exercise of their Religion The inconveniences which may befall the Catholiques by this Restriction is amply discovered by the late councell and Congregation and in some sort by me in the first part of this Survey whereunto I remit the Reader And this is that kinde of repeale which the Marques of Ormond himselfe once granted unto the confederate Catholiques in his briefe of Concessions but afterward fell backe from his word and by this engagement of Clanrickard hee obligeth himselfe to nothing 69. Here before I goe further I must appeale to the confederate Catholiques conscience whether he had rather have the subjects promise to procure forsooth a kinde of repeale of the penall lawes or the Kings own word actually commanding a repeale of the said penall lawes absolutely as he hath done not onely by himselfe immediately but also by his speciall commissioner the Earle of Glamorgan Then the confederate Catholique is to make this