wherefore I am not obliged neither will I stand to thâ— articles therein concluded 10. The obligation of law being thus extinguished undoubtedly the obligation of honour which is grounded thereupon was also extinguished This I adde because I have heard some of our Committee of Instructions ingeniously confesse that they had never consented to proceede unto the conclusion of that peace if they had thought they were not obliged thereunto by Law and honour of which ignorance I marvailo they were not freed by those among them who were skilfull in the lawes they themselves might observe in the Marques of Ormonds recoyling from the Contract that hee held himselfe not bound either in Law or honour to conclude the same why then should they thinke themselves more bound than he if there was any obligation it was also mutuall so as the Marques could not be free unlesse ouÌ„r partie were also free If our Councell and Committees would needs insist so much upon honour they should rather in honour desist from the conclusion of any peace with his Excellencie seeing they were so fool'd by him as having received their moneyes to the value of three thousand pounds as is said to supply his present necessitie hee without any respect to such favour done him or to the precedent obligation of signing and sealing the peace rejected them and denyed to conclude any peace with them Wherefore in very deed the conclusion of that peace did redound rather to their dishonour than honour and the giving of so much money to the Marques was to disgrace and prey the Countrey Questionlesse no good Catholique would ever contribute any money to purchase such a peace I wish this dishonour were confined within the bounds of Ireland onely 11. That utilitie to our Soveraigne could be no motive to our Committee of the treatie to conclude such a peace is also evident in asmuch as the Carholiques at home observing the iniquitie thereof tending directly to the maintenance of their sworne Enemies and their owne destruction had beene thereby wholly disheartned and deterred from giving any aid to His Majestie either in their persons or meanes and the Catholique Princes and Prelats abroad had likewise wholly substracted their succours deeming it against Conscience to concurre to the preservation of heresie And what can more dishearten the Catholiques of Ireland than to see their service their Contributions their prowesse and fidelitie so vilipended as they may not be permitted to enjoy those priviledges onely and immunities either in spirituall or temporall which are due unto them by their birthright and which by the ancient fundamentall lawes of the kingdome they ought quietly and peaceably to enjoy much more might be here said particularly touching the danger whereunto our Soveraigne had been exposed if the possession of his Forts and Command of his Armyes had been given to any but to such as are Catholiques Whereof else where That the necessitie of the kingdome should induce the Committee of the Treatie to make this peace it may not be seeing the kingdome was never in a better posture to defend it selfe or in greater hopes to chase away and destroy the Enemie than it was when our Committee concluded this fatall peace as you have and shall hereafter heare more amply Certainly if the hinderance of the prosecution of our victories against the Enemie be a disprofit and detriment to His Majestie as sure it is the concluding of this peace where such hinderance followed must be necessarily a disprofit and detriment to His Majestie Wherefore we may rightly conclude that neither necessitie on our part nor utilitie on the Kings part nor obligation of law or honour did induce our Committee to the conclusion of this peace Had our Councell and Committees shewd the same resolution and used the same endeavours to procure the acceptance of the Earle of Glamorgans honourable and just peace in the Enemies Quarters by force and armes as they used to procure the acceptance of the Marques his dishonourable and unjust peace in the Consederate Catholiques Quarters then had the puritie of their intentions been revealed and their endeavours applauded St autem â—culus tuns fuerit nequam totum corpus tuum tenebrosum erit The Marques of Ormond his Protestant partie had more zeale licet sine scientia to secure their new sect than our Councell or Committee had to seenre the Catholique Religion The Protestants would rather loose their eyes and life to than joyne with them in setling Glamorgans peace within their quarters because they held it destructive to their sect yet they must joyne with the Proterestants to settle within the Catholique Confederates Quarters Ormonds peace though they could not be ignorant how it was destructive to the Catholique faith Eighteen blacke Coates belonging to Ministers were found among the rest of the luggage which were left in the Castle of Kilkenny after the Marques his retraite to Dublin Factum est hoc ad insidias sanctificationi in diabolum malum in Israel 1. Machab. 1. 38. §. 3. The Marques of Ormonds his Commission tacitly recalled in Ianuary 1645. The obiection made that the revocation of the Marques his Commission was enforced is resolved 12. IN the declaration made by His Majestie the 29. of Ianuary 1645. recalling the Earle of Glamorgans peace His Majestie promiseth to make nd peace with the Irish without the consont of the Parliament this declaration coming to the knowledge of the Marques of Ormond and of our Councell and Committees before the 28. of March was at least a tacit revocation of the Marques his Commission even before the very signing and sealing of this Peace wherefore neither of both â—â—ties ought after notice thereof proceede to the signing and sealing of the same peace Our Committee was inhibited by the assembly to conclude any thing in the businesse untill May the Marques receives the Kings declaration that hee will proceede no further in any peace with the Irish without consent of the Parliament notwithstanding all this both parties proceede in the peace Yet as soone as ever the same revocation appeared our Councell and Committee forthwith desisted in the prosecution of Glamorgans Peace though it was knowne to have beene not onely invalid as coming after the mandate was executed but also to have been surreptitious and framed by Glamorgans Adversaries and the Adversaries of the Catholique Confederates nothing though ever so valid was powerfull enough to stop or stay our Councell and Committees from concluding Ormonds unjust peace any thing though ever so invalid was powerfull enough to stop them from prosecuting Glamorgans just and honourable peace If our people did preferre the advancement of the Catholique faith before their owne private interest and inordinate affection to private persons they should set upon them that opposed Glamorgans peace with as much vigour as ever they set upon the Scot or other Parliamentaries especially when such persons were enformed by speciall letters from his Majestie that
or future Concessions to be granted by his Majestie as if he would be moderator or superintendent ouer king and subject It Was not enough to disobey the kings Commands giuen to himselfe to repeale those lawes c. but he must also positiuely oppose those other Commands giuen by his Majestie to others and the Conclusion therupon made wherfore It is conceaved whateuer the Marques of Ormond hath treated or concluded with our Committees in this peace that was comprehended in Glamorgans Commission and by him concluded with the Catholike Confederats were treated and concluded by the Marques without any power or Commission not onely because his Commission was recalled as yow haue heard aboue in the first § but also because these very articles concerning the spiritualitie especiallie that first article where the Marques would needes referre vs vnto the king for the repealing of the penall lawes c which the king alreadie granted vs were exempted out of his Commission by the Commission granted vnto Glamorgan soe as that maxime mandatum secundum derogat primo si in secundo fiat mentio de primo must passe currant Cap. graue de officio Iud ordinarij 31. To the same effect but with more energie is that other maxime or interpretation admitted by schoolemen and Canonists mandatum speciale derogat generali etiam si eius ni hil meminerit a speciall Commission such as Glamorgans was doth derogat to the generall though therein there were noe mention made of the generall If we looke for other arguments to auoid this assumed pouuer of the Marques of Ormond the Canons will afford vs many this alone may suffice for the present mandatum finitur sirem demandatam quis alius idonee gesserit a Commission is ended if any other hath conuenientlie accomplished the thing giuen in Commission to be don v. g. if a man giue a procuratorie or letter of Atturny to any to purchase a peece of ground if any other or he himselfe who gaue the procuratorie shall purchase the same peece of ground before the Atturny cessat mandati actio saith the law soe in our case if the king or Glamorgan for the king hath conuenientlie and agreeable to the kings Commands accomplished that very command which before was committed to Ormond but by him sleighted then hoc ipso is Ormonds Commission expired neither ought or could our Councell or Committee haue recourse To Ormond to treate or conclude those things which were allreddie concluded by the kings speciall Commissioner vnlesse it were to confirme in the kings behalfe what alreadie was concluded by the same CoÌ„missioners and to cause those articles granted by Glamorgan to be coÌ„firmed by act of parliament as well as any other articles or concessions granted for the temporalitie that were agreed vpon with the Marques of Ormond 32. It was agreed vpon by the Earle of Glamorgan for and in the behalfe of his Maiestie his heires and successours that the Marques of Ormond or any other authorized or to be authorized by his Maiestie should notdisturbe the Catholikes in theire present possession or continuance of the possession of theire Churches iurisdiction c for assurance wherof the Earle engaged his Maiesties royall word and publike faith and his Majestie himselfe in GlamorgaÌ„s patent in the word of a king and a Christian promised to ratifie and performe whatsoeuer the Earle granted vnto the Confederat Catholikes and least his promise royall should be frustrated his Maiestie communicated by speciall letters the Commission giuen Glamorgan and his resolution in this particular to the Marques But alas all was in vaine soe farre were these seeming Royalests and reall Parliamentaries of Dublin engaged with or at least awâ—d by the Parliament of England as they neuer yet yeelded to any thing or complied with the kings CommaÌ„ds in any thing that they thought would be offensiue to the Parliament in so much as that chiefe Gouernour who of all others should aduance this opportune seruice in the kings spressing necessitie was the onely man that hindred the same Now after the word of a king and a Christian soe solemnely and gratiously engaged vnto the CoÌ„federat Catholikes but blasted by the Marques of Ormond a noble Catholike Peere of this realme the Marques ClaÌ„richard is brought in by the Marques of Ormonds proctors to imbarke him selfe in a busines Wherein he was neuer authorized by his majestie nor inuited by the Catholike Confederats and he vndertakes to giue vs nothing but to procure vs some thing and that less than the king himselfe by publicke coÌ„tract hath actuallie graÌ„ted vnto vs. Truly I am persuaded the Catholike CoÌ„federats will not be soe amused as to reiect the word of theire soueraigne and to accept of the word of theire fellow subiect who is less able to procure a performance of what he promiseth than the Catholicke Confederats themselues are To plant that heresie in England in the dayes of Elizabeth who now hath bathed these three Ilands in theire owne blood such art was vsed hereticks assumed Catholikes as instrumeÌ„ts to compasse theire designes where indeed they preuailed but the fatall end of such Catholikes and the vtter extinction of theire noble posteritie doth manifest to present and future ages how odjous theire enterprise was to God and his Angels Caput aspidum sugent occidet eos lingua viperae If the Marques of OrmoÌ„d fo und out a way as he thinks to crosse vs of the kings owne graces and Concessions who may doubt he will find out a way to crosse Clanrichards engagment we do not meane to looke for those graces and priuiledges by petitioÌ„ or sollicitation of others which are allredie granted vs by publicke Contract maugre all emulous subiects the Catholike Confederats shall haue the full benefitt of Glamorgans articles together with the fruit of theire possessions and victories since then acquired neither will they be deluded by any vnualid vniust and dishonourable peace which any Puritan statists would by factioÌ„s enforce vpon them §. 8. The invaliditie of the rejected peace proved out of the insufficiency of the Commission given the Committee of Treaty 33. HItherto wee have shewed the invaliditie of the rejected peace on thâ— part of the Marques of Ormond and his Commission now wee are to shew the invaliditie of the same peace on the part of our Committee and their commission wherein being matter of fact many acts of assembly orders of the Councell protestations of the Clergie c. must be alleged and produced What I could light on I will with integritie cite what I could not light on and may make for these noble Persons that concluded or concurred to the conclusion of that peace I must leave to their citation when they please to impugne this Survey or any part thereof Among the acts of the first Supreme Councell I finde a commission made by that councell 5. April 1645. unto thirteene persons namely Mountgaret Muskerie Dubliniensis Antrym Alexander mac Donell
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
matter as yet more eagerly they concluded the Peace either on the 28. of March or on the 29. of Iuly If the later wee have our intention namely that they concluded the Peace after the Marques his Commission was recalled which was the eleventh of Iune before if the former then were our Councell and Committees violators of their promise made to His Holynesse His Nuncius Apostolique and perfidious to the whole kingdome which in publique assembly promised and agreed that nothing should be concluded 〈◊〉 agreed upon untill May following Such as are meanely versant either by study or practise in the lawes of this kingdome know that an obligation past by a Debtor unto his Creditor though Signed and Sealed this moneth yet bindeth not then nor ever after unlesse he also DELIVER the same obligation and then onely and not before it beginneth to oblige when the obligation or bond is delivered how much more in our case is it evidently convinced that the rejected Peace began not to oblige untill the time of the deliverie thereof which was on the 29. of Iuly and not before seeing that in our case besides the defect of deliverie the very signing and sealing it selfe was not absolute but conditionally that 10000. men should be sent over by the Catholique Confederats and the Articles were not laid on the hands of either of both parties but deposited on the hands of a third person But in a truth so evident testified by so many witnesses yea confessed by the Committee of treaty themselves we need not wast much time 5. Wherfore we are to prove that the Marques of Ormonds Commission was recalled and revoked before the foresaid 29. day of Iuly for effecting whereof wee need no other evidence than the Kings owne letter which we exhibit unto the Reader word by word as it was written by His Majestie himselfe His Majesties Letter to the Marques of Ormond CHARLES R. RIght trusty c. Having long with much griefe looked upon the sad condition Our Kingdome of Ireland hath been in these divers yeares through the wicked and desperate Rebellion there and the bloody effects have ensued thereupon for the settling whereof wee would have wholly applyed our selves if the difference betwixt us and our Subiects here had not diverted and withdrawne us and not having been able by force for that respect to reduce them wee were necessitated for the present safety of our Protestant subjects there to give you power and authority to treat with them upon such pious honourable and safe grounds as the good of that Our kingdome did then require But for many reasons too long for a letter VVee thinke fit to require you to proceed no further in Treaty with the Rebells nor to engage us upon any conditions with them after sight hereof And having formerly found such Reall proofes of your ready obedience to our commands wee doubt not of your care in this wherein our service and the good of our Protestant subjects in Ireland is so much concerned From Newcastle the 11. of Iune 1646. 6. Out of which letter the Catholique Confederates may behold not onely the revocation of the Marques his Commission but also the dangerous Condition wherein they are while His Majestie is so awed by the Rebellious Scot as he must say write and doe against His faithfull Subjects what ever they please to suggest unto him Here His Majesty is pleased to call us Rebels and our warre desperate Rebellion elsewhere being freed from those Harpies he calleth us His faithfull Subiects upon whose succours to rescue him from his present calamitie he wholly depends Wherefore I exhort the Confederate Catholiques to stand well upon their guard and to preserve securely in their owne possession and Command such Forts Cities Armes and Armies as God hath prodigiously given unto them since these warres least His Majesty being forced by the Scots or Parliamentaries should subscribe to such Commands unto Ormond as he subscribed unto Mountrosse in Scotland commanding him to lay downe Armes and to yeeld unto the Scots such Cities Forts as by his Armes hee recovered for His Majestie from them That the Parliament hath and will endeavour to obtaine such Commands from the King wee are premonished by the Vote made in the house of Commons of England 3. Iuly 1646. where they order that a letter should be drawne up to be sent to His Maiestie from both houses of Parliament to desire His Maiestie to write to the Marques of Ormond in Ireland to SVRRENDER up severall holds and places of strength in that kingdome possessed by his forces to such hands as both houses of Parliament shall nominate and appoint and a Committee was named presently to draw up the said letter Now in case the King be forced to send such a Command unto the Marques what assurance have the Confederate Catholiques that he will not forthwith yeeld obedience to such forced Commands as he yeelded to the above letter and deliver up unto the Parliament not onely what Cities Townes and Forts hee hath in his owne Quarters but also such Cities Townes Forts Garisons Armies and Magazins as should be transferred to his government Command and trust by the Confederate Catholiques It s knowne that the Marques is of the same profession with the Parliament that since these warres he hath continuall Commerce and mutuall correspondence with them private letters messages and Agents past betweene him the Parliament and the Scots that hee never used any act of hostilitie against either nay since the Clergy and their Adherents the Confederate Catholiques have opposed this Peace he hath sent severall Agents aswell unto the Scots as unto Insequin and the Parliament praying them to send him succours and actually entertained some of the Parliament Commanders in Dublin and intrusted them with places of Command within that Citie yea had actually delivered not onely that Citie but all other Cities and Forts c. in his Quarters to the Parliament if the Parliament vouchsafed to intrust him with the government of the kingdome and to grant unto him such Conditions as hee expected for procuring whereof it is thought Sir Francis VVilloughby whom the Marques sent over before to the Parliament is now gone over againe with the Parliament Commissioners to elaborate the busines I appeale then to all disinteressed Divines whether the Catholique Confederats may in such a case transferre from themselves who have sworne allegiance and fidelitie to their Soveraigne and particularly to keepe secure such Forts and Cities c. for His Majesties use unto one so suspected the government or Command of the same Cities Forts Armies c. seeing in so doing they doe probably hazard Religion King and Countrey If neither Parliament nor Scot will intrust his Excellencie with the chiefe government of the kingdome though hee be of their profession nor entertaine him as their servant shall the Catholiques unto whose Religion he is a sworne Adversarie inttust him not only with such a
such a Commission to conclude a Peace was given to Glamorgan Yet from hence wee deduce this argument a minori ad maius If Glamorgans peace was cenfured invalid because it was revoked by His Majestie though the revocation was not made untill after hee executed his Commission how much more invalid is the Marques his peace seeing his Commission was revoked and recalled by His Majesty expressely before the Marques put his Commission in execution and implicitly before it was inchoatively attempted to be put in execution That is worthy the observation when our Councell and Committees doubted not of the conclusion and acceptation of Ormonds peace they sleighted and contemned Glamorgan and his peace but when they saw the Clergie and kingdome would by no meanes accept of Ormonds peace then did they begin to looke on Glamorgan and his Peace and to coulour their owne proceedings they would make us believe that in Ormonds peace there was a relation unto Glamorgans Whereupon Glamorgan to fit them in their owne policie told them the Conditions were not observed and that therefore he was not obliged therfore would not stand to the Articles past betweene him and them which hee said to no other end than to affront them that would affront him and let them know comprehenduntur in consilijs quibus cogitant 13. It will peradventure be answered that His Majestie was not then sui iuris at his owne libertie and freedome of will or power when he recalled the Marques his Commission being indeed then in the hands of the Scots Whereunto we reply that his Excellencie the Marques accepted His Majesties revocation proceeding from him as being in pleno iure in his owne full and free libertie and yeelded obedience thereunto notwithstanding a precedent double tie which obliged him to goe forward to wit the signing and sealing of the Articles of peace on the 28. of March before and the receiving of three thousand pounds or thereabouts from the Councell not long before on hopes to conclude such a forlorne peace It s against the rule of justice which requires equallitie on both sides that the Confederate Catholiques should be tyed to stand to the peace made with the Marques notwithstanding any revocation and that the Marques should be fast and loose and at his owne libertie when hee please by accepting the revocation to annull the Peace and by rejecting the revocation to render the same valid and of full force Montrosse in Scotland received Commands from His Majestie being in the same condition with the Scots that hee was when he wrote this revocation of Ormonds Commission to lay downe armes c. whereunto he yeelded obedience supposing His Majestie to be even then sui iuris of which president wee doubt not the Marques of Ormond will make use when hee is disposed upon any advantage to invalid or make void the Articles of the rejected peace That the Marques hath already resolved to yeeld perfect obedience to that revocation is at least indirectly insinuated unto us by the six Agents sent from Kilkenny to VVaterford in the reasons given by them to the Congregation why they concluded the peace where they say that the Lord Lieutenant conceiving that what commeth NOVV from His Maiestie is not his free act is resolved to give no obedience thereunto So as this disobedience is in ordine ad futura mandata looks upon all Commands that shall come after that time namely after the moneth of August last and not on the Commands that came before among which was that revocation of his Commission to make a peace These words expressed in the foresaid declaration recalling Glamorgans Commission makes this matter more dangerous that a messenger saith His Majestie writing to the Parliament be immediatly sent for Ireland to prevent any accident that may happen to hinder His Maiesties resolution of leaving the managing of the businesse of Ireland wholly to the two houses and to MAKE NO PEACE there but with their CONSENT which in case it shall please God to blesse his endeavours in the treatie with successe His Maiestie doth hereby engage himselfe to doe Who knowes but the forementioned messenger hath beene accordingly sent to the Marques commading him even then to make no peace Incidit in foveam quam fecit this declaration is thought to have beene made by Digby and others in Dublin to destroy Glamorgans Peace yet beâ—ng well examined will prove as destructive to the Marques his owne peace §. 4. The invaliditie of the peace proved out of the Marques his Exceeding his Commission and not observance thereof 14. IF he that hath a Commission or command to doe any thing shall exceed his Commission he doth nothing that is valid or firme saith the law whereof in the paragraph more amplie herein we coÌ„ceiue the Marques traÌ„sgressed this coÌ„missioÌ„ namelie in graÌ„ting by the 15 article of the reiected peace an act of obliuion unto al his Maiesties â—ubiects therein coÌ„prehending the Rebellious Scotts and ParliameÌ„taries whereas his CoÌ„mission extends onely as we collect out of the preface of the articles where mention is made of his Commission to the confederat Catholikes nay his Maiestie by his letters dated the 16. th of Februarie 1644. gaue expresse order to the Marques of Ormond to seeke to rene we the Cessation with the Irish for a yeare for which saith his Maiestie yow shall promise the Irish if yow can haue it noe cheaper to ioyne with them against the Scots and Inchequin for I hope by that time my condition may be such as the Irish may be glad to accept lesse or I able to grant more marke I beseech yow the Irish in obedience to his Maiesties desire continued the Cessation for a yeare and a halfe after yet al that while did not the Marques ioyne with them against the Scots or Inchequin To gaine only a yeares Cessation his Maiestie was pleased that the Marques should ioyne with us against the Scots and Inchequin Our Councell and Committees haue not onely consented to a cessation but haue also made a peace and yett haue not obliged the Marques to ioyne with them against the Scots or Inchequin Indeed the Marques and our Committee haue plaid the part of good Chapmen for his Maiestie but theire negotiation cost his Maiestie the losse of England if he by whom kings raigne repaire not the losse 15. In the Diurnals of the Assemblie held in August 1645. I reade that the Marques of Ormond by his letters sent from Dublin to the assemblie then held at Kilkenny and there read 18. augusti 1645. declared unto the Confederat Catholikes that the Rebellions Scots of the North were advanceing forward with theire Army and therfore prayd the said Confederats to send theire armes and forces to gether with six weekes meanes to be ioyned with his forces he prayd also he might be Commander in chiefe of both forces and that the Catholike armies might be subordinat to his Commands The Confederat Catholikes not
esteeming any Machiuilian policie which herein they might forsee but being caried away with the firme allegiance they ought theire King and fervent desire they had to aduance his seruice by universall and unanimous vote condescended to the Marques his request and gaue him with all in mony to assist his maiestie in that expedition 3000-pounds The monyes were receiued by the marques as then was bruited the Catholike confederats provided on theire parts but neither then nor after would the marques of Ormond euer goe into the field either with his owne forces aparr or ioynd with ours against the Scots nay if we may give credit to the probable coniectures and strong presumptions of many his Excellencie had some influence and concurrance in the invasion made by the Scots into Conaught and other parts of Ireland and it was observed that upon such inuasions and other defections of the Enemie his Excellencie endeauoured to draw our people to this uniust peace obiecting unto us how could we resist so many Enemies wherein he had enough of mercenaries in our owne bosome who plaid the advocates for him see more § 5. 16. It is also observable that our Councell and Committees had notice of the forsaid letter dated 16. Februarie 1644. the next Iuly following yet did they neither publish it nor make use therof in the treatie of peace by causing the marques to ioyne with them against the Scots or Inchequin according to his Maiesties direction either aftet the peace was concluded or before during the continuance of the Cessation see aboue in the first part and in the Marques his answere to our 7. and 8. proposition where euery impartiall iudgment may discouer how farre the Marques was from giueing obedience to his Maiesties directions in this particular and what merueile is it he fauour affect and cherish those who Were then used as instruments to persecute the Catholikes and now lately called upon by the Marques himselfe to assist the hereticks of Dublin The king as yow may see by this letter was glad to giue us a remuneration for condescending to a Cessation being then necessitated but our Committees would take noe notice therof they euermore cast the necessite on our selves and in lieu of accepting graces from his Maiestie they wasted the monyes of the kingdome on the subiect 17. Our distressed soueraigne by his missive of the 16. of April 1646. advertised the Marques of Ormond that he receiued very good securitie that he and all that did or should adhere unto him should be safe in theire persons honour and Consciences in the Scotish Army an that they would reallie and effectuallie ioyne with his Majestie for his preservation and employ theire armies and forces to assist him with whose assistance and with the conjunction of the forces under the Marques of Montrosse in Scotland he would indeavour to procure an honorable and speedie peace in England which resolution he praied the Marques of Ormond to communicat to his Councell and his loyall subiects with him Among these loyall subiects it pleased the Marques of Ormond to register Major General Monro unto whom by his letters dated 21 may 1646. he communicated the kings forsaid resolution in this dialect Sir having this morning rereiued a dispach from his Maiestie and command to impart it not onely to his Councell but to all his loyall subiects I am confident yow haue soe good a title to aknowledge thereof as I have held it my part instantlie to dispache it unto yow by an expresse and soe sir wishing yow all happines I rest your assured humble servant Ormond here I observe first that Monro and such other Couâ—nantiers who have sworne the oath of Couenant against the king and his Monarchie and made warre these foure yeares past against him are in Ormonds Calender Loyall subiects though in his Maiesties Calender they be notable Rebels and therfore he admonisheth Ormond to ioyne in armes with the Irish against them from whence this sequel may be rightlie deduced to giue the gouernment of the Citties forts c. within our quarters or the Command of our armies unto Ormond is in effect to giue them unto Monro and his fellow Couenantiers 2. I observe that the Marques ioyned with the Scots against us whereas the king commanded him to ioyne with us against them 3. I observe that the Scots in England have beene soe farre from ioyning theire forces with our partie the Marques of Montrosse in Scotland as they haue made him lay downe his armes and render unto them what forts Citties c. he had in his possession noe better securitie or effects may the Confederat Catholikes expect by any conjunction with Ormond if therin he shall haue the chiefe Command or gouernment Other observations I omitt haveing heard before the impression hereof some good newes of Leslyes conjunction with Antrim and of a happie victorie by them obtained against the Parliamentaries God grant it bee true To concurre with the English Parliament to dethrone theire owne naturall soueraigne who hathe beene the greatest hoÌ„our that euer Scotland had coÌ„sidering the amplitude of his dominions is a thing soe Vnnaturall as heaven and earth may be astonished at it T were better be subiects to him than slaues to his Rebellious subsects the Parliament dixeruntque omnia ligna ad rhamnum veni impera super nos for the Scots forwarning herein and the incitation of all faithfull subiects to take armes against that rebellious merciles Parliament of England I will presume on the Readers favour to licence me to A difgression wherin the Parliament of England hathe manifested theire impudencie against the Scots and theire horrid treason against theire and our natural liegelord QVEREES TO FIND OVT WHO IT IS THAT HOLDS OVT IN ARMES AGAINST THE STATE OF ENGLAND SEing the King is our prisoner as in the Scottish Army who by contract are our servants and our Army and therefore not to do what they list but what we coÌ„mand them seeing they receive pay from us as meer mercinaries and serve not freely as brethren therefore if our State representative the chosen Commons of England assembled in Parliament shall give Order to the State of Scotland for tht King presently to disband all his Forces in England Ireland or else-where and to deliver up all Townes and Garrisons unto our States hand Quere I say if it be not done thereupon if wee may not conclude that it is the Scots hold up Armes against our State for the King being our Prisoner and in their power our servants hath no power but must do as they will and they will do as they list for him For if they of themselves can prostrate their owne opposite armes of Montrosse and put his name thereto for a cullour as if done by him or inforce him to doe it to cullour their doing why not the same forme upon order from our State aforesaid why oh English States is not this assayd to discover who it
is that holds up armes against you for what power hath one man that is in the power of others And if our State will not giue order for the same what may we not conclude there of must the lives and estates of men be sacrificed to the wilfulnesse of any But our State performing their parts we shall apparantly see where it rests for how can the King hinder what they please to doe Do not these that are celled the French and Spanish States what them please put or their King must put their names thereto to culour it that the State may not bee seene in it but it may passe as if their Kings act not theirs Can any be so simple to think their Kings may or can rule a State which is as much as the wisest State can doe In short it is the States doe all and so doe the Scot and so ought our State and not let the weale safety happinesse prosperitie and being of a Kingdome or kingdomes and millions of lives therein lye at the will or the VVilfulnesse folly or madnesse of one man whom they call their king though the Parliament of England in their late letter to him when hee was at Oxford doetell him plainly that he is guilty of all the innocent blood which hath beene now shedin all the three kingdomes Oh therefore let not the world ieerus that our prisoner can use his keepers as his prisoners c. VVho hath stood it out in open Hostility as long as possible he could against his Earthly Soveraigne Lord king and Creator the state Vniversall VVhose legall and formal representative the Parliament he hath vnnaturally wickedly uniustly and irrationally proclaimed Traytors and Rebels for doing their duty in endeauouring the preservation of those that trusted them from the ruine and distruction endeavoured and intended to them by him their rebellious servant How can it be properly said that the Engish Creator the State of England can commit Treason agasnst it's own meere creature the king If it be treason to assist the king with men monies armes and horses in this his unnaturall VVarre and Rebellion against the Parliament and people of England as the Parliament hath often declared then is it not the height of Treason for any of the Parliaments Armies privately to treat with him and to receive him into their Army and there protect him from those who requite him and have right to him and to disposc of him yea and afford him elbow room and libertie to send Messages and Embassages to Denmark Holland France Spain and Ireland or whether he pleaseth that so he may lay new designes for the utter subversion and destruction of thâ— State and kingdome Oh the height of c. no longer to be put up borne or suffered by trustees that desire to approve themselves faithfull to their trusters London August 16 46. 19. Reade all histories â—acted and prophane reuolve all Chronicles domesticke and forren and tell us if yow haue or can finde any treason soe abominable any rebellion soe odious to God and man any Apostacie soe detestable to heaven and earth as is this damnable treason rebellion and apostacie of the titular Parliament of England It is not enough to be perfidious to theire king bur they must be also blasphemons against God by making themselues Creators Here monarchie is ablegated anarchie introduced the Lords anointed made slaues to theire subiects and theire subjects raised to noe lesse dignitie than to earthly soueraignes Lords Kings Creators the stato vniuersall Theire fellow subjects the Scots are theire merce naries and servants not theire Brethren and the Irish are unto them opprobrium hominum et abiectio Plebis But pride and confusion disobedience to Princes and treason against them and theire monarchie is a propertie inseparable from moderne heretickes wherfore we must not admire that D. Garrier sometime a Protestant and Chaplaine to k. Iames burst forth into these words I can not be persuaded that they ever will or can joyne togeather to advance your Majesty or your children further then they may make a present gayne by you They are not agreed of their own Religion nor of the principles of universall and Eternall truth how can they be constant in tho Rules of particular and transitory honor Where there is nullum Principium Ordinis there can be nullum principium Honoris such is their Case There is a voyce of confusion among them as well in matters of State as of religioÌ„ Their power is great but not to edification but to destruction They ioyne to geather onely a gaynst good Order which they call the Common Enemy and if they can destroy that they will in all likelihood turne their fury agaynst themselves andlike Diuells torment like Serpents deuoure one another In the meane time if they can make their Burgers Princes and turne old Kingdomes into new States it is lyke inough they will doe it but that they will ever agree together to make any one Prince King or Emperour ouer them all yield due obedience unto him further then eyther their gayne shall allure them or his sword shall compell them that I can not persude my selfe to belieue And therfore I can not hope that your Majesty or your Posterity can expect the like honour or security from them which you might do from Catholike Princes if you were ioyned firmely to them in the vnity of Religion § 5. The Marques of Ormonds Commission enlarged by his Majestie but his Command not executed 20. When the Marques of Ormond dispachd Agents unto the Parliament demanding succours from them against the con federat Catholikes of Ireland It is said S argeant Eustace to cloake that treason publickelie declared in the dismembred Parliament of Dublin that as it was lawfull for euery man euen by the law of nature to defend himselfe against the violence of uniust Assailants soe was it lawfull for the kings Lieutenant and the kings priuie Councell in Dublin for theire owne defence to looke for succour from the kings Enemies the Parliament against the kings subjects the Irish who were in a violent and hostile manner to assault them letting this passe for an hyperbole the Catholike Confederats doe brieflie affirme that they were noe assailants but defendents of theire lives religion liberties and estates against theire fellow subjects and particularlie against the chiefe Ministers of justice who following the steps of their Predecessours tirannically gouerning made use of all the projects that michieuous policie could invent to depriue them of theire lives religion liberties and estates wherin they have beene soe exorbitant as neither the authoritie of the ancient fundamentall lawes of the kingdome nor the kings owne Commands could preuaile with them Here we must descend vnto particulars and especiallie to the kings Commands sent vnto the Marques of Ormond enlarging his power for the speedie conclusion of a happie peace 21. The impossibilitie saith his Majestie writing to the Marques of Olmond of
preseruing my Protestant Subjects in Ireland by a continuation of the warr haueing moved me to give you these powers and directions which I haue formerly done for the concluding of a Peace there and the same growing daily much more evident that alone were reason enough for me to enlarge your powers and to make my Commands inthe point more positive But besides these considerations it being now manifest that the English Rebels have as farras in them lies given the command of Ireland to the Scots that their aime is at a totall subversion of Religion and Regall power and that nothing lesse will content them or purchase Peace here I think my self bound in Conscience not to let slip the meanes of setling that Kingdom if it may be fully under my obedience nor to lose that assistance which I may have from my Irish Subjects for such scruples as in a lesse pressing condition might reasonably be stuck at by me For their satisfaction I do therefore command you to conclude a Peace with the Irish whatever it cost so that my Protestant Subjects there may be secured and my Regall Authority preserved But for all this you are to make me the best bargaine you can and not discover your inlargement of power till you needs must And though I leave the managing of this great and necessary work entirely to you yet I cannot but tell you that if the suspension of Poynings Act for such Bills as shall be agreed upon between you there and the present taking away of the Penall Lawes against Papists by a Law will do it I shall not think it a hard Bargaine so that freely and vigorously they ingage themselves in my assistance against my Rebels of England and Scotland for which no conditions can be too hard not being against Conscience or Honour 22. Many things are here to be carefullie oberued by the Confederat Catholikes first that this letter or enlargment of the Marques his power was neuer communicated vnto our Councell or Committees though then and after in atctuall treatie with hym for a peace by vertue of a former Commission giuen him by his Maiestie the 24. th of Iune before vntill the same was put into the presse by the Parliament who found the same in his Maiesties Cabinet in the battell of Nasby from the print of London it was sent into France and there sent by accident into Ireland yet the reuocation of the Marques his Commission by the letter of the 11. of Iune aboue mentioned was forthwith and without delay communicated vnto vs by the Marques and soe punctuallie obserued as noe precedent obligation past betweene him and the Confederat Catholikes could induce him to goe forward By which the Confederat Catholikes may with resentment take notice how litle behoulding they haue beene vnto the Marques of Ormond for any graces or fauours shewd them by him though his fauorits haue extolld his imaginarie fauours don the Contry beyond measure 2. Whether the Kingdome haue more cause to conceiue iealousie in this respect against the Marques who as yow may behould in the letter had some Commaunds not to discouer the enlargment of his power till he needs must than against the then supreme Councell who receiuing this letter in Iuly or August 1645. did neuer to this day reueale or publish the same vnto the kingdome whether this was don by them because they were then actuallie concluding a peace in huggar muggar with the Marques and therin resolued to reiect these royall graces of the repeale of the penall lawes and suspension of Poynings act and therfore would not discouer these graces least theire owne remisnes in the cause of God should be likewise discouered or for what other cavse they did it 't were fit to bring into question 3. we are to obserue with what confidence the Marques proceeded with our Committee with whom he doubted not to conclude a peace on more abiect Conditions than the king himselfe did grant vnto them 4. That as Sir William Parsons and the rest of the Rownd-headed priuie Councell of Dublin did suppresse from the Contry the graces sent ouer into the Chtholike Confederats of Ireland the August before the first of these Commotions soe our owne intrusted Catholikes suppressed these other graces granted vnto vs by his Maiestie since these Commotions inimici hominis domestici eius 5. out of all which yow may further obserue the hypocrisie of some great ones in Dublin who to cloake theire disloyall recourse for succours to the Parliamentarie Rebels gaue out that they were forced therunto for theire necessarie defence against the Confederat Catholikes wheras it is is most certaine if the Marques had granted vnto vs what the king commanded him by this letter and not giuen for his owne priuat ends to the kings irrecouerable detriment impediment to the Earle of Glamorgans articles of peace the Catholike Consederats had ioynd with armes and hearts in soe happie a peace and by Gods blessing they had with the hazard of theire liues estates and fortunes together with the aids of forren Catholike Princes and Prelats preuented and preserued his Majestie from the deplorable condition wherin now he is and chased out the of three kingdomes his sworne enemies In a word the Marques and those of Dublin sent vnto the kings Ennemies for succours not to defend themselues as they pretended but to defend theire obstinat disobedience to the kings Commands and their inordinat desires to preserue these pernicions hereticks who are known toside with and sweare for the Parliament wherfor the Confederat Catholikes did discharge theire dutie to God and theire allegiance to theire king in setting vpon such disloyall Refractories wherin they proceeded Like faithfull subjects in a defensiue way endeauouring to maintaine the present grants and graces which theire gratious Soueraigne conferred vpon them and the ancient fundamentall lawes of the kingdome chiefly that of Magna Charta wherin theire religion liberties liues and estates haue beene secured vnto them for defence Wherof millions of noble Catholike subjects in England in former ages haue sacrificed theire liues and fortunes and taken vp armes euen against theire owne soueraignes how much more iustlie might the Confederat Catholikes for defence of the same lawes take vp armes against theire fellow subjects who as they haue rebelled against God by repealing those ancient fundamentall lawes and establishing new destructiue to the Catholike faith soe haue they and still doe rebell against the lords annointed theire liege lord and soueraigne by disobeying his lawfull Commands and attempting the ruin of him and his royall issue But these obseruations on that letter are extrinsecall in the fol. lowing paragraph we will present the Reader with other obseruations that are intrinsecall §. 6. His Majesties Confidence in the sidelitie and assistance of the Confederat Catholikes Parliamentaries iustlie branded by his Majestle for Rebels and theire actions Rebellions 23. Before the forsaid letter of the 27. th of februarie was written and sent
by his Majestie to the Marques of Ormond his Majestie wrote and sent three other letters vnto him wherof the first was dated December 15. 1644. and continueth what followeth As for Poynings Act I referre you to my other Letter and for matter of Religion though I haue not found it fit to take publique notice of the paper which Brown gave you yet I must commande you to give him my L. Muskery and Plunket particular thanks for it asluring them that without it there could have been no peace and that sticking to it their Nation in generall and they in particular shall have comfort in what they have done and to shew that this is more then words I do herby promisse them and command you to see it done that the Penall Statutes against Roman Catholiques shall not be put in execution the Peace being made and ther remaining in them due obedience and further that when the Irish gives me that assistance which they have promised for the suppression of this Rebellion and I shall be restored to my Rights then I will consent to the Repeale of them by a Law but all those against Appeales to Rome and Premunire must stand all this in Cypher you must impart to none but those three already named and that with injunction of strictest secresie so again recommending to your care the speedy dispatch of the peace of Ireland and my necessary supply from thence as I wrote to you in my last private letter I rest 24. The second letter is dated from Oxford 7. Ianuary 1644. and containeth what followeth The Rebels here agreed to Treat and most assuredly one of the first and chiefe Àrticles they will insist on will be to continue rhe Irish warr which is a point not popular for me to break on of which you are to make a double vse First to hasten with allpossible diligence the Peace there the timely conclusion of which will take off that inconvenience which otherwise I may be subject to by the refusall of that Article upon any other reason Secondly by dextrous conveying to the Irish the danger there may be of their totall and perpetual exclusion from those favours I intend them in case the Rebels here clap up a Peace whith me upon reasonable termes and only exclude them which possibly were not councelable for me to refuse if the Irish Peace should be the only difference betwixt us before it were perfected there These I hope are sufficient grounds for you to perswade the Irish diligently to dispatch a Peace upon reasonable termes assuring them that you having once fully engaged to them my word in the conclusion of a Peace all the Earth shall not make me break it But not doubting of a Peace I must again remember you to presse the Irish for their speedy assistance to me here and their friends iu Scoland Myintention being to draw from thence into wales the Peace once concluded as many as I can of my Protestant armedsubjests and desire that the Irish would send as great a Bodyas they can to land about Cumberland which will put those Northern Counties in a brave condition wherefore you must take speedy order to provide all the Shipping you may as well Dunkirk as Irish Bottomes and remember that after March it will be most difficult to transport men from Ireland to England the Rebels being masters of the Seas So expecting a diligent and particular account in answer to this Letter Irest 15. The third letter is dated at Oxford also february 16. 1644. in the postscript wherof for the letter it selfe we haue not seene it is thus written In case vpon particular mens fancies the Irishpeace should not be procured vpon powers I haue alreadie giuen yow I haue thought good to giue you this further order which I hope will proue needles to renue the cessation for a yeare for which yow may promise the Irish if yow can haue it noe better cheape to ioyne with them against the Scots and Inchequin as aboue yow haue heard where we are to note that his Majestie forseing that the power alreadie giuen the Marques was not sufficient to induce the Irish to a peace enlargeth by his letter dated the selfe same month to witt the 27. of february aboue num 21. mentioned the former power giuen to the Marques and expresseth in particular the points Wherein this power is enlarged namely to the suspension of Poynings act and present taking away of the penall lawes against Papists which by his letter of the 15. th December his Maiestie promised to repeale when he should be restored to his rights and for the present commanded the same penall lawes should not be executed But whatsoeuer the king commanded the Marques to performe by these letters the Marques hath contemned whatsoeuer he hath promised our Committee hath neglected and whatsoeuer he hath actuallie granted they haue reiected Among many obligations by which Mandatorius or a Commissioner or Committee is obliged mandatori to him that giues the Commission that is a principall one that the Commissioner is dilig entlie to obserue the commands giuen him and as he is not to exceede his Commission soe is he not to deuiat from the same wherein how farre the kings Commissioner on his part and our Committee on theire parte haue transgressed we leaue to the censure of those that haue eyes to see and iudgment to discerne To gaine credit in court and to be courted with letters from great ones was more esteemed than the aduancement of Religion king or Conrry vae filii desertores non per spiritum meum c. habentes fiduciam in vmbra Aegipti some of our owne Committee in lieu of solliciting the cause of God of religion king and Contry wherwith the kingdome intrusted them became actiue instruments for the aduerse partie and busie Postilions from one Commander and from one Gentleman to an other to sollicit them to a defection and some of these are knowne to haue receiued priuar letters from great ones with whom to ingratiat themselues what would they not attempt though when matters are well discussed it shall appeare to the world that they proued such bad Proctors as marr-d all the busines and hindred irrecouerablie vnles God streatch forth his helping hand both king and Contry were they soo diligent in promoueing the cause of God intrusted to them by the kingdome they would at least shew themselues soe prouident and carefull as they Would cause these missiues Royall or the substance of them for soe much as concerned the repeale of the penall lawes and suspension of Poyning act to be inserted in the articles of peace that the Contry might haue some consolation and religion some Securitie But if yow marke it well they haue followed the instructions of the aduerse partie against whomthey were imploied and not of the kingdome for which they were imploied referre all things to the king saith the aduerse partie and that is don though
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
more of them to treate conclude a peace such a Commission is not nor never was extant in rerum natura Ergo the peace grounded thereupon is void In the same preface it is said articles of peace concluded c. betweene the Marques on the one part and these 7. Mountgaret Muskery Sir Robert Talbot Dermot O Brien Patricke Darcy Geffrey Browne and Iohn Dillon on the other part yet five onely of these 7. concluded the peace Mountgaret and Dermot O Brien never signed sealed or delivered the peace Yea Mr. Dermot O Brien made publique protestation against it and manifested unto the world aswell his aversion against the proceedings of the rest of the Committee in that treaty as against the iniquitie of the said peace for which hee deserves from his Countrey immortall praise How then is it true that those 7. concluded the peace when as 5. onely concluded it These I trow are errors and defects sufficient enough to prove the insufficiencie and invaliditie of the committee of the treatyes Commission and consequently the nullitie of the peace thereupon concluded which we pray all our learned and disinterelled Lawyers to discusse together with those other arguments we produce in the rest of the paragraphes and to strengthen the same by their approbation apposition of the authoritie of our Lawes of England which I could not well peruse for want of leasure and commoditie § 10. The invaliditie of the said peace proved by the revocation of our Committees Commission namely by the protestation of the principall part of the Body politicke of the kingdome other Inhibitions 1. BEsides the nullitie of the foresaid peace by the insufficiencie of our committees commission wee prove the same by the revocation of the same commission if it were ought worth before the peace was concluded Heare then the Lord Nuncius his protestation THE LORD NVNCIVS HIS PROTESTATION MOst Illustrious and Reverend Lords VVhere as before the imprisonment of the Earle of Glamorgan I abundantly represented unto your honours that the peace which then was in agibation was 〈◊〉 on any Fitles neyther honest nor secure but scand alous in the opinion of his Holyneisse the rest of the Catholicke â—rineâ—sland that for that cause â—â— would in no sort â—â—ndescend thereunto and whereas the same peace after the release of the said Earle is as yet lessei secure by reason of many accidents that befell seeing his Holynesse hath sent 〈◊〉 me the heads of the peace agreed upon at Rome between his Holynesse and her Majesty the Queenes Agent with promise of the Kings information thereof which heads are both honest by reason of the persons more ample then all the points hitherto treated of and doe promise all the security which may be had in these circumstances I urge with your Honours that you expect the Originals of the said heads that in the interim no other peace be concluded but that the Treaty of peace be deferred least you wrong his Holynes his benignity towards this kingdom your Honors incur his indignation together with the aversion of all Princes chiefly seing that the Instrument signed by your selves remaynes in my custody which before my coming over your Honours delivered as an answer to Master Spinola of happy memory wherein you promised to doe in this affaire whatsoever I upon consideration of the state of the kingdome should thinke fit to be done If otherwise you proceed I doe besides the breach of your promise protest that I doe not neyther will I consent unto any peace or change of things or government in this kingdome untill upon view consideration of the foresaid heads of the Popes peace it shal be maturely established what shal be more profitable to this kingdome And if â—hings be otherwise carried I protest though with sadnesse of heart that all damages which by this acceleration of peace shall befall the Kings Maiesty and this miserable kingdome proceeded not from the faults of any other but of those who having posâ—posed the reverence and gratitude due to his Holynesse doe abuse their owne private affections and interest to the destruction of the Commonwealth From the Pallace of our residence the sixt day of February 1645. stylo veteri Your Honours most addicted Servant Ioan. Baptist Archiepiscop Firman Nuncius 2. According to this protestation the Lord Nuncius the very next day following to wit the seventh of February and againe the ninth of February came personally to the assembly and having declaâ—ed the affection and care the See Apostolique had of this Nation sometime for learning and sanctity called the Iland of Saints declared that his Holynes to succour the Catholique Confederates neglected and postposed the warres by the Turkes against the Christians by the Swelandeâ— against the Emperor and other warres neerer home that he laboured and at length prevailed with His Majestie that the Roman Catholiques should not onely have and quietly possesse their Church and Church-livings but also that the Catholique Natives should be made capable of all places of command honour pâ—ofit or trust in the civill marshall or Ecclesiastique government together with many other extraordinary graces and concessions that he daily expected the articles of this peace and therefore prayed seriously that the conclusion of any peace with Ormond which was the worst of all other peaces might be protracted at least till May assuring us if we persâ—vered constantly in the cause of God that the Popes Holynes and other Catholique Princes would never be wanting to supply the Confederate Catholiques with sufficient meanes and money to maintaine the warre and that he himselfe in the interim would defend Leinster against Ormond in case he condescended not to a cessation for so long a time This motion was seconded by noble Glamorgan by two severall speeches delivered by him in the Assembly 12. and 19 February which was accepted and entertained by the whole house with such joy and alacrity as you might descry in their outward gesture their inward consolation 3. Our councell and committees contrarie to the resolution of the whole house would not expect so long they were not foure dayes chosen when they gave a new commission to the committee of Treaty to conclude a peace with his Excellency which was signed and sealed 28. March as you have heard It was a businesse long before concluded as you may gather by Iustice VValsh one of the purchasers above mentioned his speech delivered in the house 10. February wherein he affirmed that he himselfe brought all things points and matters to a full period according our wishes with the Lord Marques but said he the imprisonment of Glamâ—rgan hindred the sigâ—ing thereof Yet I reade in the diurnall of that day that the chaire-man Mr. Thomas Tyrell informed the house that our Agents were in Dublin eleven weeks and yet were not able to conclude any thing And Mr. Geofrey Browne declared in publicke assembly 15. February that the
Marques was resolved not to conclude a peace untill we complyed in sending over 10000. men wherein the Marques might have spared his labour the contract for sending over 10000. men being made by us with Glamorgan and not with him whose peace was not in it selfe worthy the acceptance onely much lesse worthy the reward of sending over 10000. men for getting it To be briefe thus stands the question how dared the Committee of Treatie to signe and seale a peace before the first of May contrary to the Assemblyes resolution and how dared the new supreme Councell without consent of the assembly to grant them a commission to that effects By the relation of Mr. Browne and Mr. VValsh you see our committees were not engaged by all the Treaties past to conclude a peace with the Marques they might without difficultie comply with the Popes Holynes and the Kings speciall commissioners request And this request was made by them even then when Glamorgans articles were in full power because they held it not altogether so secure and profitable when they afterward understood that his Majestie protested against Glamorgans articles doe you thinke that either they or the assembly would ever yeeld to accept of Ormonds fordid articles apart either the May following or for ever he had more need to beg a peace of us than we of him Had not the countrey beene betrayed by licencing him to receive his rents he had beene glad to come off with better conditions according his Majesties commands and provided better for His Majestie and himselfe The Clergies subscription to the Nuncius his Protestation 4. Wee also the underwritten Prelates and Clergie of Ireland doe adhere unto the opinion of the most illustrious Lord Nuncius confirming what are above expressed And we doe resolve unanimously to insist upon the same protestation Dated at Kilkenney the foresaid sixt day of February 1645. stylo veteri Hugo Ardmachanus Fr. Thomas Dubliniensis Thomas Casseliensis David Ossoriensis Gulielmus Corâ—agiens Duan Io. Clonfertens Emerus Clogherens Io. Laonens Fr. Patrie VVaterford Lismor Fr. Edmund Laghliniens Nicholaus Fernensis Richardus Ardsertensis Accadensis Edmund Calamens Episcopus Coaedjutor Linericens Fr. Albertus O Brien Provincial Ordin Praedicatorum Robertus Nugentius Societatis Iesu Superior VValterus Linchaeus Vicar General Tuamens Iacobus Fallonus Vicar Apostolic Accadens Fr. Oliverus de Burgo Vicar Duaceus Donaldus O Gripha Vicar Apostolic Finiburensis Iacobus Dempsy Vicar General Kildar Cornelius Gafnus Ardaghader Vicar Oliver Deise vicarius Procurator Reverendissimi Medensis Episcopi Carolus Coghlaâ— Vicar General Cluanensis §. 11. An abridgement in English of the Lord Nuncius his Latin letter dated the 5. of May 1646. sent unto the Supreme Councell and committee in the prosecution of the said Protestation 5. In this letter the Lord Nuncius doth elegantly distinguish in the Marques of Ormond a double qualitie the one of a Lieutenant for his Majestie the other of a chiefe Peere of the realme In the qualitie of Lieutenant hee proves no firme and solide peace can be made with him forasmuch as his authoritie depends of the King and by how much the more or the lesse the securitie and power of his Majestie increaseth or decreaseth it necessariiy followeth that the authoritie also of the Lieutenant increaseth and decreaseth and that the safetie and authoritie of the King being uncertaine the authoritie also of Lieutenant becometh void and uncertaine c. and if this be true in those articles which belong to the politicke state of the Kingdome how much more in the Ecclesiasticall state and things belonging to the Catholique Faith against which he being a Protestant hath an aversion of minde besides the want of authoritie VVherefore the Confederate Catholiques ought not by any meanes choose any other way than by laying aside in the interim any treatie of peace c. untill the Kings most excellent Majestie be restored to that state and condition as he may confirme by Parliament the Articles which His Holynes agreed upon with Digby in Rome which thing seemes not onely profitable and necessarie for the affaires of Ireland in the present state but also honourable to the King himselfe seeing all things are reserved to his authoritie untill that time when he shall be in the full libertie of dominion and the loyaltie of the Irish shall be able to merit somewhat with his Majestie c. which shall be augmented by the Catholiques publique protestation that whatsoever they possesse or acquire shall be with all loyaltie and fidelitie preserved for his Majestie who otherwise may be wash'd out of all if Parliamentarie Harpies once fix their Tallons in them 6. Hee proceedeth further shewing how glorious it shall be unto the Confederate Catholiques that the advance of the Catholique cause the splendour libertie lawes rites and publike exercise of Religion proceeded rather from themselves and from the innate love they beare to true Religion than from any treaty with the Marques whose authoritie lyes a bleeding c. All Christian Princes and chiefely the Pope would be offended that any peace and that of abject conditions should be here treated of while the peace containing honourable and good conditions concluded upon in Rome doth expect only our Kings approbation as if particular men and those Procestants to could better provide for Ireland and the Catholique Church than His Holynes can doe 7. If the Marques be considered as a Peere of the Realme in that respect he may have all things common to the rest of the Irish and therefore I hold he may be a defender of his countrey against the common enemies And if he will as an Irish man and a Servant to his Majestie gather all his forces against the Scots and Parliamentaries he ought to be received yea and to be assisted by money and other subsidies so as the Catholique Religion by such kinde of conjunction receive no detriment for effecting whereof he layeth downe among other these conditions if it shall ever happen that the forces of the Marquis be joyned with the Catholique forces that then he may by no meanes establish any other Religion than the Catholique Religion in all places which shall happen to be gained by the same armies ioynt together otherwise the Popes aides aswell present as future may by no meanes be employed for the advance of Protestanisme which were impious That the Consederates so treate with the Marques at our hopes of having or obtayning a Catholique Vice-Roy after the expiration of his time be not frustrated which the securitie of Religion doth chiefly require and His Holynesse doth vehemently desire Therefore to this end we must be warie least in the interim while the affaires of England doe waver wee doe any thing which may compell the Nuncius Apostolicus in the behalfe of His Holynesse to protest against it as by his private letters he hath protested a few dayes past Hee addeth further that Dublin be delivered to the possession of
the Confederates to be preserved for the Kings most excellent Maiestie that all hopes may be cut off from the Puâ—itans who perpetually thirst after the possession thereof c. I trow this should be a forewarning prevalent enough with our Councell and Committees not to conclude a peace with the Marques upon such base conditions as they have done §. 12. The Councell and Committee of Instructions Latine answer 1. Iunij 1646. to the foresaid letter and protestation abriged into English 8. IN the first place they acknowledge the receit of the letter and protestation doe observe the resolution of the Lord Nuncius and Clergie to be such as he will have no peace at any hand concluded with the Kings Commissarie unlesse first the splendor of the Catholique Roligion be established and with the articles published In the second place they admire that the protestation came not sooner unto their hand and at length they answer that the weakenesse and necessitie of the Confederate Catholiques enforceth them to a peace that by publique declaration printed 1642. and by their Agents they sent to the Pope and other Christian Princes to demand aide that for the space of five yeares warre they received not so much succour as would defray the charge of warre for two moneths time that they looked onely for as much meanes as would maintaine 15000 foote and 2000. horse for six moneths times and they would undergoe all hazards and endure all discommodities to increase the splendour of the Catholique Religion through all parts of this Kingdome which they obtained not The consideration of these things say they and the obedience due to his Majestie enforceth them to make ANY PEACE to prevent the fatall miseries of VVarre and the sudden ruin of Religion and Nation 9. Yet they tell the Lord Nuncius that they resolve to ratifie marke the phrase I pray you ratas habere Glamorgans concessions granted by the Kings authority and to endevour by the authority of the See Apostolicke and the mediation of other Catholicke Princes to obtayne more plentifull graces for the establishing of the Catholicke Religion that in the Treaty of peace there was place left for further priviledges of the Catholicke Religion They further affirme that in the last treaty at Dublin nothing was done without consulting the Nuncius and that according his desire the Conclusion marke that hitherto the peace was not concluded therefore they were as yet at liberty to conclude the peace or not conclude it and publication of the peace was deferred untill the Calends of May least any impediment should be given to the coÌ„ditions which were expected by that time to come but are not yet come They pray his Grace to take notice if it shall happen the peace shortly to be concluded and published without the promulgation of Glamorgans concessions that same is pro re and to the greater good of the Religion 10. They proceede further aggravating the present state of the kingdome in the temporality Mounster exhausted with warre cherisheth many enemies in her bosome who daily increase by the patronage of the Parliament of England and revolt of Thomond In Connaght all is wasted besides Galway and Mayo Roscoman Boyle and other Forts revolting c. Generall O Neyle hath so wasted Leynster before he went to Vlster that three or foure counties thereof are unprofitable for the plow and in themselves miserable c. They adde the feare of the Lieutenants conjunction with the Scots c. insomuch as force feare and danger beget in all men a desire to embrace any peace Besides feare of the Scots conjunction with the Parliament the King being now in their power a peace timely made may alone hinder this which being concluded the catholickes may serve God and their King and free themselves from all those evils This Letter was signed thus Illustrissimae ac Reverendissimae Dominationis vestrae addictissimi Muskry De mandato Concisij Comitiorum Thomas Tyrell 11. Why the Viscount Muskry alone subscribed hereunto and none else I doe not know unlesse it be because the ill affected of the Councell for so they call in the Manuscript outside of the Articles the soundest part of the Councell those that were not of the faction did not condescend thereunto 13. The Lord Nuncius his Letter 10. Iunij 1646. sent to the same Councell and Committee 12. Least I might saith he in this most waighty circumstance of things seeme to have sent unto your honours two severall protestations without any ground of reason I pray you would reade the same reasons which moved me so to diswade the peacc in these times which is now propounded esteeming me to have beene compelled to write these things out of zeâ—le onely towards Religion and the honour of the Catholicks of this kingdome c. And having repeated the substance of his foresaid Letter touching the double quality of the Marquesse of Ormond he saith that though there could be a peace made yet it ought not to be made for the following reasons For seeing nothing is therein established concerning the Catholicke religion c. by what meanes I beseech you may the Catholicke Confederats defend themselves if among others even the Nuncius Apostolicke is to become witnesse among all Christian Princes that the Catholicks might have better conditions from her Majesty the Queene in France the last yeare and as yet better from the Lord of Glamorgan in these later Moneths and as yet the most plentifull of all concluded by his Holynesse in Rome and yet that the Confederate Catholickes all these peaces being contemned after so many moneths cessations in the very point of new difficulties in England and after that a full halte yeare of the time to make warre is past over yea when the enemies are all almost beaten backe should accept of a worse peace than the other three Let every conscience beare witnesse whether by such a resolution the Oath of Association taken with such glory and constancy be not violated 13. It is therefore manifest unlesse first the Catholickes be assured that the Kings Majesty would ratify the Earles authority and that the Queenes Majesty hath cleerely understood whether the Popes conditions shall have place or no whatsoever shal be done shall tend to the evident destruction of this kingdome and to the extirpation of Religion which is the head of all and to the notable injury of the Princes who hetherto have laboured for the safety and security of the Catholicke Confederats which is so much the more true seeing no reasonable motive can be assigned by the adverse party for concluding this peace Then answering to the objection of the danger of the Scots he saith there is no danger of more Scots to come over this season being busily imployed elsewhere and as for those that are in Vlster and Connaght they are sufliciently provided against by two Armies mayntained by the Popes moneys There remaynes therefore
unto themselves to send into Rome by letters and Agents praying the See Apostolique to helpe and honour this Nation with a Nuncius Apostolique and after so great a Prince and Prelat having exposed himselfe to many dangers by Sea by Land arrived in this Kingdome with full and ample power to aide and assist the confederate Catholiques not onely by his councell and advise but also by the contribution of moneyes and ammunition to make use of him to serve their owne turnes but never to follow his wayes or direction never performe what they promised but lurkingly to proceed in the conclusion of this miserable peace Whereof the Nuncius being privately advertised and observing the sudden sending of the committee of Treaty to Dublin challenged them of their promise unto whom by their lelter dated at Kilkenny mense Marcij 1645. they answered that the committee concluded no articles of peace neither could there be any articles of peace perfected or have any power before the Calends of May and that nothing was done contrarie to the sense of the paper signed and delivered to his most Illustrious domination and therefore prayed him to give credit unto them professing these things It s not without mysterie that the day of the moneth of March is omitted in this letter least they should be found guiltie of notable falshood for at this very time were the committee in Dublin actually labouring in drawing up the articles of peace and in signing and sealing the same for if you be remembred their commission was given them the 6. day of the same moneth of March the draught of the Articles was given Mr Darcy by the Viscount Muskerie on the 14. of the same moneth and signed and sealed on the 28. wherefore the councell did purposely abstaine from putting to the letter the precise day of the date thereof to conceale their owne sinister and clancular proceeding in concluding that peace contrarie to their promise past unto the Nuncio which in this last letter of the first of Iune they tacitly confesse But by their good leave they went beyond their commission for neither had they nor our Committees of Treaty any further power but to prepare all affaires concerning the treaty of peace not to conclude the peace as appeareth by the act of Assembly dated the second day of the same moneth of March. Twelve answers refuting the obiection affirming that the Lord Nuncius desired to protrast the peace with Ormond no longer than untill May. 25. IN this Letter of the first of Iune the Councell and Committee of Instructions affirme that according to the desire of the Lord Nuncius the conclusion and publication of the peace was deferred untill the Calends of May least any impediment should be given to the conditions of peace which by that time were expected from Rome Whereunto answer is made first that as they broke their first promise freely made unto the Nuncius by that Instrument which they delivered to Spinola whereby they obliged themselves never to conclude any peace but what should bee to his liking so here also have they fouly broken their promise by signing and sealing a peace on the 28. day of March which was upwards of a moueth before the Calends of May which they themselves in their confirmation of the peace doe call a concluding or agreeing upon c. Secondly I answer that in the diurnals of the assembly held in February 1645. I reade of an agreement past betweene the Lord Nuncius Glamorgan and the committee of Instructions which was published in the assembly by Glamorgan 19. of February 1645. but this agreement or happy conclusion of peace for so my note termes it could not receive full satisfaction untill May. How the selfe same committee could without breach of faith conclude or give order to the committee of Treaty to signe and seale a peace the 28. of March following contrary to this agreement I conceive not Thirdly I answer that the full satisfastion which by May was expected was the coming of a more secure more honourable more advantagious peace from Rome which was imagitation betweene his Holynessâ— and our Queene then Glamorgans owne peace which the Nuncius publickely declared in the assembly 9. of February 1645. But as the heretickes of England did hinder this more secure more honourable peace from the Pope so did our councell and committees I meane still the corrupt part of both hinder not onely that peace but Glamorgans peace also for their preposterous acceleration of the sealing and signing of Ormonds disadvantagious and unwarrantable peace could produce no better effect than to give occasion to his Majesty to recall Glamorgans peace and to give command to desist in the prosecution of the Treaty with his Holynesse his Majestie having once notice that the Marquesse of Ormond had concluded with us upon farre in feriour conditions for we are to know that this unjust peace was a moulding halfe a yeare before and that the Marquesse had time enough to informe his Majesty thereof thereby to invite his Majesty to the revocation of Glamorgans Commission 25. Hence proceedeth a fourth answer that the Lord Nuncius seing the delay of the Popes peace and the revocation though invalid of Glamorgans peace before May verie providently and carefully sent unto the councell and committee of Instructions before the Kalends of May the foresaid protestation made by himselfe and the clergy against any peace to be made with the Marquesse of Ormond and least that should not prevayle with them he sent unto them before May also his speciall letters dated the 27. of Aprill inhibiting them from proceeding on Ormonds peace which he confirmed by those three other letters of the fift of May 10. and 27. of Iune above mentioned which I trow was a sufficient revocation of any allowance they could pretend to have had from the Nuncius to conclude a peace with Ormond after May a thing neyther he nor any good catholick would ever consent unto having seene the revocation of Glamorgans peace and the damnable practises of his and our adversaries for this very cause the Nuncius flâ—tly denied at Limmericke as is said to give his benediction to any of our committee of Treaty going to Dublin Plunket onely expected whose re-Iuctancy and aversion against that unhappy peace is wel-knowne 26. Here I must prevent such nimble wits as thus arâ—ue the Nuncius desired the conclusion of the peace with Crâ—onâ— should be protracted untill May. Ergo he consented it should be concluded after May this consequence I deny as they themselves would deny this sequel if one bidding them adieu would say God be with you untill I see you againe Ergo he mindeth that God shall not be with them after he see theÌ„ againe Vnto Micol the daughter of Saul saith the holy Text was there no childe borne untill the day of her death Will our committees or any other thence inferre by reason
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
ratiocination if the Kings owne commands could take no effect with his Protestant Ministers of jâ—stice in Dublin such an aversion have they against the distressed Catholiques much lesse will any subjects promise be able to procure any thing for us or having procured it be able to bring it to any effect What need wee runne to France or elsewhere to procure that which his Majestie hath already granted us There are the Kings owne commands to repeale the penall lawes can any one procure us more What is the let the subjects disobedience who will not put in execution the Kings commands And how may the Maâ—ques of Clanrickard procure any thing in France when as the French Agent here pleadeth strongly for the acceptaâ—ion of Ormonds unjust and invalide peace and never vouchsafeth to sollicit for Glamorgans just and valide peace 70. The second thing promised by the Marques of Clanrickard is that the Catholiques shall not be disturbed in the enjoyment of their Churches or any other Ecclesiasticall possessions untill that matters with others referred already receive a settlement in a free parliament c. Though this be but a promise yet were it actually procured must not wee be cast out of our Churches and possessions whensoever this settlement shall be in a free Parliament for untill then and no longer are wee to hold possession by Glamorgans peace these are actually granted us for ever By Clanrickards engagement we are onely promised that we shall enjoy the Churches possessions that were in our hands at the publication of the late peace By Glamorgans peace these are not promised but actually granted unto us and with all other Churches lands tenements tithes and hereditaments other then such as are now when that peace was concluded actually enjoyed by his Majesties Protestant clergie or subjects So as in case God should blesse the consederate Catholiques with such victories against Iusequin and the rest of the Rebells in Mounster and Vlster as hee blessed us in Connaght by Glamorgans peace all the Churches and Ecclesiasticall lands c. must fall unto the Catholique Clergie by Clanrickards engagement they must fall unto the Protestant clergie so as all our warre for the future should be to raise that Sect and by raising them to suppresse our selves which being once knowne to forren Princes and Prelats they would subtract all their helpes from us and the Catholique subjects at home would with good reason withdraw both arme heart and meanes from such a warre 71. By the same engagement there shall be forth with a Catholicke Lieutenant generall c. If he be sworne to the Catholicke confederacie approved by the kingdome it s wel Such an one was granted unto us long since by his Majestie how he was put off let them judge who know best the state of that affaires All incapacities are taken away from the Catholickes by Glamorgans peace c. what then should hinder us to have a catholicke Vice-Roy which is said to have been also granted unto us by his Majesty Item our Generals shal be invested with principall commands worthy of them c. These principall commands being not specified may be interpreted a Colonels place which indeed respectively is a principall place That they be invested in some important Garisons NOVV under his Maiesties obedience suffers the like interpretation and gives warning to Noble Preston that he must out of Duncanon for they will affirme that that garison is not under his Maiesties obedience but under the Confederate catholickes obedience Further by the engagement is is said that a Considerable number of the Catholicke Confederats forces shall immediatly be drawne into all the chiefe garisons under his Maiesties obedience This concession is good if it were performed but because herein the Marquesse of Ormond fayled therefore Noble Preston retyred and freed himselfe from the engagement If it were granted that a proportionable number should be drawne unto c. 't were more secure for otherwise our catholicke forces being farre lesse in number than the protestant forces would be subject to massacre But the clauses inserted in the Protestation made or to be made by the generals and commanders upon acceptance of this engagements marres all the market and would frustrate our forces of all their pretensions and the catholicke confederats of Glamorgans peace These clauses I commit not to the Print because I have no order so to doe 72. Now to come to the second thing which is to be considered Glamorgans peace is grounded on the Kings Commission dated the 12. of March where his Majesty authorizeth him as firmely as under the great Seale to all intents purposes obligeth himselfe in the word of a King and a Christian to ratifie and performe what he should grant to the Confederate Catholickes His Excellency the Marquesse of Clanrikards engagement is grounded on no such Commission he onely voluntarily engageth himselfe without any invitation of the confederate catholicks and is assumed as an instrument by those who would crosse his Majesties foregoing grants made unto the catholickes who may reasonably thus discourse with themselves if those men have frustrated his Majesties owne grants and the peace by his commission concluded how much more will they frustrate the engagements of any private subject which are grounded on nothing but on his own undertakings and in case of non performance the catholicke confederats have no redresse Neyther doth the Kings Lieutenant himselfe oblige himselfe to the performance of any thing nay rather this engagement supposeth his opposition to some things To conclude omitting much more the parties who concluded Glamorgans peace have beene authorized by King and countrey the parties concluding Clanrikards engagement have beene authorized by neyther and therefore invalid and to no effect Out of which and what alreadie hath beene answered by the councell and congregation 24. Novemb. 1646. it is evident how farre those nine catholicke church-men of Dublin erred in their judgement when unto a question propounded unto them touching this matter they answered that the Roman Confederate catholickes of this kingdome may without scruple submit to the late rejected peace and accept thereof as strengthned with the said addititionall engagements Neyther can it avayle them to adde the circumstances of times and present state of this distressed kingdome considered seeing we had better conditions from his Majesty himselfe when we were in a worse posture we were never in a better posture then we were when this engagement was offered if mischievous faction had not put a division among us Veruntamen vae illi per quem scandalum venit If the rejected peace with these additionall engagements could be accepted without scâ—uple I believe the Councell and Congregation could judge better thereof than any privat men who were not in a fâ—ee condition to deliver the sense of their soules Ecce praedico vobis liâ—ertatem ait Dominus ad gladium ad pestem ad famem The Epilogue THus by the Divine
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