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
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
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
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
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
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
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
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