Lynch knight whom I doe instance for a thousandmore not for any acquaintance with him what right I say had he to this knight's estate vpon what accompt did he invade the islands of Aaron this gentleman's inheritance and had his son Richard created earle of that place and estate it is manifestly known that Domimum perfectum plenum of said estate was in Sr. Robert Lynch and his heires and yet my lord tooke those lands from him quo titulo quo iure is the question deffend F. VVailsh if you can in this place your great patron ipsa synderesis tould Ormond that he was doeing wrong and robbery the lands appertaning to Sr Robert that judicium naturale quo as S. Basil speakes ab iniquis bona facile discernere postumus clearly convinced Ormond that he was doeing a robbery that law of nature quod tibi non vis fieri alteri ne feceris that light of which holy David speakes signatum est super nos lumen vultus tui domine all those sacred lawes cryed out the depriving of Sr. Robert Lynch of his estate was factum contra legem dei aternam all those lights of God and nature condemnes this fact soe that finis operis finis operantis objecctum circumstantiae omma qua agebat Ormonius erant contralegem Dei what then can he say or plead for himselfe or you for him he cannot alleage that he acquired that Dominium by any pact stipulation donation permutation or prescription what then will men say in this case noe other then that Ormonds invading that gentlemans lands was apertum latrâ—cinâ—um Likely you may tell me the King made a grant to Ormond of the said knights estate you know well that in lege naturae noe human power can diâ—pense and it is certaine that the law of nature doth bind all kind of men and that none can pretend exemption from the force of that law the impression therof being a light made in every mans haert soe that this law binds as well the prince as the lowest man legi naturae saith lactantius net praerogari fas est nec derogare ex hoc aliquid licet neque tota abrogari potest nec vero aut per senatum aut per populum hac lege liberari possumus shall I say more probable it is that God himself cannot dispense in the law of nature take S. Thomas his authority for it quia id sapientiae divinae omnino repugnat proendeque fieri non potest 1. 2. quaest 100. ar 8. ratio est saith the saint quia lex naturalis nihil aliud est vt docet S. Aug quam ipsius aternae legis incommut abilis rattonis ipsius divinae sapientiae in mentibus hominum facta transcriptio Now it is evidently cleare a man's life liberty fame lands estates and fortunes are his owne by the law of nature and that by force of the same law quisuis potest se defendendo sua vine vi repelsere and soe could Sr. Robert against Ormond invading his estate had he beene able to doe soe But you will say the landsand estates of subjects forfeited to the king for treason rebellion and other like crimes by way of attaindeur may be disposed of by the king I grant that but this authority for taking away from such men their lands and estates the prince hath from the law of nature which doth not protect any privat man to doe against the publick good wherefore the commonwealth can take away the life of a man and his estate though both are his by the law of nature when he transgresses against the prince or publick good to whom by pact or law of nature he should oboy this the prince can doe for justice sake but not for convenience or at his will and pleasure for the bonds prescribed to the jurisdiction of a prince are justice law and reason and not to doe his owne pleasure Now I would know from you what crime hath Sr. Robert committed was he convinced of any crime against the king before any bench of justice what hath he don who charged him the law of England a good law sayes noe man can be condemned but by course of law that is the subjects birth-right and to that effect are lawes made that justice may be don to all men princes are obliged in conscience to administer justice ackording the law I demand againe what hath Sr. Robert Lynch don you will say he was ingaged in the â—rish rebellion for soe you still call that just war which you could never as yet prove nor never shall but grant it hath been a rebellion Sr. Robert Lynch as all the confederat catholicks had an act of oblivion from the king in the peace of 48. ergo your rebellion was pardonned ergo Sr. Robert Lynch cannot loose his estate for that nor hath he since that time entred into a new rebellion or committed any act of â—reason Ormond cannot say he broake the Articles of peace of 48. for he still observed them and adhered to the gouverment and to Ormond and had nothinh to doe with the congregation of Iamestowne whose acts were by Ormond esteemed or reputed treasonable â— tell me then what right had Ormond to that noble gentlemans estate you see the King's grant if any he gave being against the law of nature and the law of the land is voyd and cannot excuse Ormond's conscâ—ience and if the king by a wrong information had granted one mans estate to an other that other cannot prescribe quia numquam erat in bona fide and consequently in conscience he is bound to restore the said estate because he houlds it malafide and the prince himselfe rightly informed is obliged in conscience to have the estate restored to the right owner But now let uâ— returne to the other part of the F letter wherin he vseth a christian freedom of minding the king and Ormond how dangerous a thing is the violation of publick faith and how such transgressors have beene severly punished in all ages but above all he brings downe a formidable example of publick faith broken with the Gabionites and how King David fir appeasing the great famin and the anger of God come vpon the people delivered to said Gabionits seaven children and nephews of Saul who crucifyed them alive vpon a montaine to expiat this publick horrid sin even in the face of sun Lib. 2. Reg. c. 21. he ends his letter to Ormond thus My lord conclude here but with my harty wilâ—es that in the house and at the Counsells of our great king your Excellency may both appeere and prove your selfe hereafter what you are in part already an other Ioseph that by the best advises you may preserve the best of Princes and all his people of soe many different nâ—tions of the british monarchy may it be soe my lord and may the catholicks of Irland in particular owne you a great deliverance as I can not but confidently
Prince Neither wanted Ormond as some men did think his hidden reasons that moved him to neglect soe much and sleight the Royall Authority His Logickâ— made him discourse thus secretly with himselfe the King is prisoner to his Parliment and noe hopes left for his redemption hee is like to perish there the Queen alsoe and the young Prince they are exiled what can they doe They are not able to help themselves much less to procure any forraigne assistance for his Majesty the Parliment of England with Crumwell have drawne all England to theire owne side with Scotland and a great part of Irland as the large Province of Vâ—ster where the Scot insulted and that part of Munster where Insequin with his Army remained vnder obedience of the Parliment my best way then will be quoth Ormond to play my owne game the best and make good vse of the tymes I will therfore apeare exteriourly for his Majesty and yet oblige the Parliment in yielding vp to them the Castle of Dublin with the Kings sword and all the faire County of Dublin rather then keep it and take part with the Irish and this I will doe notwithstanding the Queen and Princes orders and commands to the contrary for I may well feare the Irish Catholicks and I though Ioyned with them will be at long running mastered by the Parliment who will be minâ—full of mee in due tyme for soe necessary and frindly an action And truly it fell out soe for though they shewed noe personal favour to Ormond they shewed great kindness to his Lady allowing her three thousand pound starling for her Ioynter as a bove said and Crumâ—â—â—lls Children weare not less frindly to her Children and all this kindness hath been done them by all liklyhood in recompensation of Ormonds giving vp the Cittie Castle and County of Dublin to the Parliment Projects of Policy are deep and secret and likly this act of Ormond was the Policy and Wisdom the Lord Digby meant when hee sayd to Mr. Wintergrant that the Lord of Ormond was wiser then to vnite with the Irish Catholicks But in the meane tyme what became of his Loyalty Of his great zeal to his Majestys interest Of his obedience to the Royall Commaunds and to the orders and instructions of the Queen and Prince Herein the King was sleighted the Queen and Prince put by who as they held the preserving of Dublin the Castle therof and County about it to be the Kings great intrest and beneficiall for his Majesty soe alsoe they did think the delivering vp of all to the Parliment would prove a very great loss and distructive to his Royall intrest for preventing of which loss and mischief orders commaunds instructions and all power were sent from Queen and Prince by Mr. Wintergrant to Ormond to perclose a peace with the Confederate Catholicks at what price soever If the neglect committed heerin by Ormond sleighting the Royall powers and Authority a cleare Argument of disobedience in him to both hath redounded to the vtter overthrow of the Catholicks and Kingdom and consequently of his Majestys intrest therin you my reader may Iudge or any other Impartiall Iudgment CHAPTER 17'th The accommodation sent by the confederat Catholicks to Ormond Lord Lieutenant for preserving of the Cittie and Castle of Dublin with the lands about it rejected by him and the reasons given by him for such rejection GEntle Reader heer before I give you the accommodation presented and offered by the Confederate Catholicks vnto Ormond I think it necessary to give you first the sound observation of an vnderstanding and discret Member made vpon the same accommodation of the said confederate Counsell of Catholicks which shall serve you as a guiding light to the clearer vnderstanding how the matter was carried on which vvas vvord to vvord as follovveth That the late Articles of pacification concluded vvith the Lord Marqnis of Ormond Anno 1646. Being rejected by the generall assembly vvith an vnanimous consent by reason the Lord Marquis of Ormond did not grant those conditions vnto vvhich hee vvas authorized by his Maiesty and for that the King vvas brought vnto a condition incapable at present to performe any thing that was granted and for that there was noe security in them for Religion or Nation and the insecurity not com knovvledg of the confederats vntill after the late pacification vvas published the late generall assembly in the begining of March last Imployed Mr. Giffery Barron som tyme before Imployed in France and Mr. Gerrald Fennell both persons of great trust vnto the said Marqnis vvith the inclosed heads or Overtures of an accommodation to continue vntill his Maiesty vvere in a free condition to grant honourable and safe conditions vnto the consederats and the said Marquis after receiving the said Overtures by vertue of a letter of Credence from the said Mr. Barron and Mr. Fennell returned ansvver to the assembly that hee vvould send his ansvvers by messengers of his owne first giving great hopes vnto those Imployed by the assembly that hee would never Ioyne with the Parliment The assembly expecting this answer for one and twenty days received it not to the hazard and very great charge of the Kingdom his Lordship in the interim treated with the Parliment Commissioners and the assembly fully possessed with a beliefe that his Lordship would never conclude with the Parliment a few days days before the adjournment sent Theobala Butler Major of Horss in the Catholick Army to his Lordship to know the cause which might retard or stay his Lordships answer soe long and soe much expected at whose coming thither the said Marquis having as it seemes concluded with the Parliment delivered hostages vnto theire Gommissioners Viz his sonne the Lord Richard Butler and the Lord Dyllon the Earle of Resâ—omon a considerable Peere and native of this Kingdom Collonell Arthur Chischester sonne and haire of the Lord Viscount Chischester and Sr. lames Ware Knight a person of consideration with him and of the Privie Counsell hier vpon the sayd Lord Marquis tould the said Major Buttler that hee would never propound any thing to the consederate Catholicks that was in theire power to deny him The Assembly receiving this answer soe much tending to the Kings disservice by which the hopes of an accommodation was frustrated they being solâ—mnly sworne to endeavour an accommodation with him which were consistent with Loyalty and Catholick Religion on the fourth currant adjourn'd it selfe vntill the 12'th of November next soone after Monsieur Tallone and Monsieur Munnery Residents to the King of France arrived heer and being with vs at the Counsell declared that most of theire bussiness hither was to solicit an accommodation tending Chiefly to the preservation of the Catholick Religion and wee did on all occations declare our willingness and rediness to effectuate the same and after severall Iourneys made by the said Monsieur Tallent to Dublin wee did condescend to enlarge the Cessation at first agreed vpon to the
Interest will you haue reconciled Enemies constantly in pay and seruice is this Loyalty or loue to the King to turne out true and faithfull men to the Crowne and confirme bloudy Traytours in theyr place How many be there that wonders as well abroad as at home his Maiestie takes noe notice of these proceedings certainly there can be noe great argument of loue to the King in forsaking his constant and faithfull subiects making new frindship with his approued enemies thy affection to Ortery others doe sound some misterious pollicie as men of weake capacitie cannot reach vnto howeuer there be those that say that the roote of all this proceeds from an vnsatiable desire of auri sacra fames and willingness to be reuenged on the poore catholicks of the Nation He then thanks Orrery in his letter for an oath hee sent him that General Preston made and sayes he never saw it before but found the fruits of it and of another perjurie soone after I need not in this place make mention of the ancient and noble familie of General Preston Viscount of Taro cadett to the most noble house of Gormanstowne the eldest and first house of vis counts in Irland a familie allwayes true and faithfull to the crowne and of great pietie and deserts that the said Generall ever show'd â—hemselfe a gallant and valiant man in all dangers is well knowne and though Ormond and Ortery both have been Commaunders of Armies the first under his Majeste and the other under Cromwel I can scarce beleeve either of them gained by or in any expidition as muâ— honour and applause as Preston had at the seege of lovain where beseged by the French in the year 1634. by a sallie made in the head of 300. of his owne regiment vpon S. Peters day early in the morning breaking vpon the French quarters routing and Killing all Opposed or Resisted him to the losse of 200 and eightie French souldiers returning victorius sound and safe without loosing a man was receiued with triumph and Ioy of all the people of Louain vvhich noble exploit of his is celebrated by the famousest writers of those dayes as Vernuleus and Puteaus There was in General preston another thing of greater prayse then all this true Vertu and pietie being a man that feared God and loathed to doe against his Commaundements soe that it is a calumnie to call him perjured but if Orrery and Ormond shall be admitted to judg honest upright people many will be by them censured as Noble preston is for perfidious and perjured men But pray why may not Preston and others say to this Oâ—mond Quis te Constituit Iudicem I will conclude with General Preston for whom I doe say that his life being sifted out from his childhood he will not be found to have done any base or vile action Heere Ormond is not resolved to stopp but passes on further and sayes to his new moulded Friend Orrery and in truth I found nothing but direct trecherie and disobedience from the Generalitie of that people it is true Quod ex abundantia cordis os loquitur in this place but I would have his grace know in a frindly manner I speak that there is nere a Butler a live nor have been in times past noe nor of the Geraldins nor Bourkes families renounced as any of the Butlers nor even of the old princly bloud of that Nation as your ô Brian ô Nealls ô Mourchoes ô Donells Macharties O Connors c. whose word or testimonie would be esteemed as to the blemishing of the generalitie of a nation to make them treacherus and perfidious Father walsh harken and take notice of this splendid attestation your great Mecaenas Ormond gives of the Catholick people of Irland that in tâ—uth hee found nothing but direct Treacherie and disobedience from the Generalitie of that people what man soe impudent would maintaine soe notorious a reproach and infamie cast upon a sound body of men a whole nation faithfull and loyall ever and all wayes to the King in this place good Father I discover that notwithstanding your intimacy with Ormond it doth not stopp him from giving you the lie who in severall places of your writings doe prove the Generality of the nation though you writt against some particulars to have been loyall and faithfull to the King now Ormond doth blemish the Generality of the nation with a stayne of of trechery what say you to this Hauing aspersed the Nation by the fore-mentioned spott hee turnes to the Bishops Pastors and Fathers of the people and tells his louing Orrery the people were gouerned by the worst Spirituall guids that euer lead a poor people to distruction and sayes further they doe it and it is fitt they should find the smart of it and that hee hath a designe to make the smart where it is most reason it should be Heere my Lord Duke vsurps a great presumption in saying the Bishops were dismall guides to the people he is far mistaken in his false Suppositions the Bishops were not they that misguided the people lead them a stray he is mistaken I say again Vox populi sayes it is he and he alone Ormond I meane that lead them blind fould deluded and trapan'd them to theyr destruction downefall and rvine Seazing vpon all they had Fortunes Libertie and Estates with the rest of his Complices and not the Bishops This good Duke seems to have a strange antipathie to these venerable Bishops for each where he affronts them an argument of an ignominious minde hee wil have noe peace with them Though his Grace a while after the Kings restauration was created Duke and Lord Steward of the Kings house and Lord Leutenant of Irland and one of his Majesties priuie Counsel in England and Earle of Brecknocke in wales created that hee might sitt in the Parlament of England to be short hee attained to that hight of favour with our good King as none in the three Kingsdoms did reach unto yet all this signified little or nothing to him till he had seen those catholick Bishops alliedy much afflicted trampled vnder his feet theyr sufferings could not appease his wrath theyr Innocencie could not satisfie his conscience nor theyr integritie rectifie his erronious Iudgement but must needs write to his beloved Orrery his new friend saying that these Bishops were the worst Spirituall guids that ever lead a poore people to destruction this is Ormonds testimonie to the King of the good Bishops he sayd they were Traytours and disaffected to his Majestie and Crowne and sayes the same still all this to kindle his Majesties indignation against them and by that way to see himselfe revenged of an Injurie hee imagined don him by those of the congregation of watersord and Iamestowne of which wee have sayd enough above Saint Paul himselfe diuine trumpet of the word of God though hee suffered cheerfully and innocently many reproaches contumelies and imprisonments for Gods cause