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For divines, if we observe them, have their postures, and their motions no less expertly, and with no less variety, than they that practise feats in the Artilleryground. Sometimes they seem furiously to march on, and presently march counter; by and by they stand, and then retreat; or if need be can face about, or wheel in a whole body, with that cunning and dexterity as is almost unperceivable; to wind themselves by shifting ground into places of more advantage. And providence only must be the drum, providence the word of command, that calls them from above, but always to some larger benefice, or acts them into such or such figures and promotions. At their turns and doublings no men readier, to the right, or to the left; for it is their turns which they serve chiefly; herein only singular, that with them there is no certain hand right or left, but as their own commodity thinks best to call it. But if there come a truth to be defended, which to them and their interest of this world seems not so profitable, straight these nimble motionists can find no even legs to stand upon; and are no more of use to reformation thoroughly performed, and not superficially, or to the advancement of truth, (which among mortal men is always in her progress,) than if on a sudden they were struck maim and crippled. Which the better to conceal, or the more to countenance by a general conformity to their own limping, they would have Scripture, they would have reason also made to halt with them for company; and would put us off with impotent conclusions, lame and shorter than the premises. In this posture they seem to stand with great zeal and confidence on the wall of Sion; but like Jebusites, not like Israelites, or Levites: blind also as well as lame, they discern not David from Adonibezec: but cry him up for the Lord's anointed, whose thumbs and great toes not long before they had cut off upon their pulpit cushions. Therefore he who is our only king, the root of David, and whose kingdom is eternal righteousness, with all those that war under him, whose happiness and final hopes are laid up in that only just and rightful kingdom, (which we pray incessantly may come soon, and in so praying wish hasty ruin and destruction to all, tyrants,) even he our immortal King, and all that love him, must of necessity have in abomination these blind and lame defenders of Jerusalem; as the soul of David hated them, and forbid them entrance into God's house, and his own. But as to those before them, which I cited first (and with an easy search, for many more might be added) as they there stand, without more in number, being the best and chief of protestant divines, we may follow them for faithful guides, and without doubting may receive them, as witnesses abundant of what we here affirm concerning tyrants. And indeed I find it generally the clear and positive determination of them all, (not prelatical, or of this late faction subprelatical,) who have written on this argument; that to do justice on a lawless king, is to a private man unlawful; to an inferior magistrate lawful: or if they were divided in opinion, yet greater than these here alleged, or of more authority in the church, there can be none produced.
themselves, as is affirmed, p. 37, 38, might for his | whole life, if they saw cause, take all power, authority, and the sword out of his hand, which in effect is to unmagistrate him, why might they not, being then themselves the sole magistrates in force, proceed to punish him, who, being lawfully deprived of all things that define a magistrate, can be now no magistrate to be degraded lower, but an offender to be punished. Lastly, whom they may defy, and meet in battle, why may they not as well prosecute by justice? For lawful war is but the execution of justice against them who refuse law. Among whom if it be lawful (as they deny not, p. 19, 20,) to slay the king himself coming in front at his own peril, wherefore may not justice do that intendedly, which the chance of a defensive war might without blame have done casually, nay purposely, if there it find him among the rest? They ask, p. 19," By what rule of conscience or God, a state is bound to sacrifice religion, laws, and liberties, rather than a prince defending such as subvert them, should come in hazard of his life." And I ask by what conscience, or divinity, or law, or reason, a state is bound to leave all these sacred concernments under a perpetual hazard and extremity of danger, rather than cut of a wicked prince, who sits plotting day and night to abvert them. They tell us, that the law of nature justifies any man to defend himself, even against the king in person: let them shew us then, why the same law may not justify much more a state or whole people, to do justice upon him, against whom each private man may lawfully defend himself; seeing all kind of justice done is a defence to good men, as well as a punishment to bad; and justice done upon a tyrant is no more but the necessary self-defence of a whole commonwealth. To war upon a king, that his instruments may be brought to condign punishment, and thereafter to punish them the instruments, and not to spare only, but to defend and honour him the author, is the strangest piece of justice to be called christian, and the strangest piece of reason to be called human, that by men of reverence and learning, as their style imports them, ever yet was vented. They maintain in the third and fourth section, that a judge or inferior magistrate is anointed of God, is his minister, hath the sword in his hand, is the obeyed by St. Peter's rule, as well as the supreme, and without difference any where expressed and yet will have us fight against the supreme till he remove and punish the inferior magistrate (for such were greatst delinquents); whenas by Scripture, and by reason, There can no more authority be shewn to resist the one an the other; and altogether as much, to punish or deprese the supreme himself, as to make war upon him, till be punish or deliver up his inferior magistrates, whom in the same terms we are commanded to obey, and not to resist. Thus while they, in a cautious line of two here and there stuffed in, are only verbal against the pulling down or punishing of tyrants, all the Scriptare and the reason, which they bring, is in every leaf Girect and rational, to infer it altogether as lawful, as to resist them. And yet in all their sermons, as hath by others been well noted, they went much further.
If any one shall go about by bringing other testimonies | Simon Magus their father following the hot scent of
to disable these, or by bringing these against themselves in other cited passages of their books, he will not only fail to make good that false and impudent assertion of those mutinous ministers, that the deposing and punishing of a king or tyrant " is against the constant judgment of all protestant divines," it being quite the contrary; but will prove rather what perhaps he intended not, that the judgment of divines, if it be so various and inconstant to itself, is not considerable, or to be esteemed at all. Ere which be yielded, as I hope it never will, these ignorant assertors in their own art will have proved themselves more and more, not to be protestant divines, whose constant judgment in this point they have so audaciously belied, but rather to be a pack of hungry church-wolves, who in the steps of
double livings and pluralities, advowsons, donatives, inductions, and augmentations, though uncalled to the flock of Christ, but by the mere suggestion of their bellies, like those priests of Bel, whose pranks Daniel found out; have got possession, or rather seized upon the pulpit, as the strong hold and fortress of their sedition and rebellion against the civil magistrate. Whose friendly and victorious hand having rescued them from the bishops their insulting lords, fed them plenteously, both in public and in private, raised them to be high and rich of poor and base; only suffered not their covetousness and fierce ambition (which as the pit that sent out their fellow-locusts hath been ever bottomless and boundless) to interpose in all things, and over all persons, their impetuous ignorance and importunity.'
THE ARTICLES OF PEACE,
BETWEEN JAMES EARL OF ORMOND FOR KING CHARLES THE FIRST ON THE ONE HAND, AND THE IRISH REBELS AND PAPISTS ON THE OTHER HAND:
AND ON A LETTER SENT BY ORMOND TO COLONEL JONES, GOVERNOR OF DUBLIN. AND A REPRESENTATION OF THE SCOTS PRESBYTERY AT BELFAST IN IRELAND,
To which the said Articles, Letter, with Colonel Jones's Answer to it, and Representation, &c. are prefixed.
[FIRST PUBLISHED 1618-9.]
A PROCLAMATION. ORMOND,
WHEREAS articles of peace are made, concluded, acred, and agreed upon, by and between us, James
bord marquis of Ormond, lord lieutenant-general, and
And as his majesty hath been induced to this peace, ut of a deep sense of the miseries and calamities ught upon this his kingdom and people, and out of A conceived by his majesty, that it may prevent the farther effusion of his subjects' blood, redeem them out all the miseries and calamities, under which they now
unity amongst themselves, after the too long continued
Articles of peace, made, concluded, accorded, and agreed upon, by and between his excellency James lord marquis of Ormond, lord lieutenant-general, and general of his majesty's kingdom of Ireland, for, and on the behalf of, his most excellent majesty, by virtue of the authority wherewith the said lord lieutenant is intrusted, on the one part: and the general assembly of Roman Catholics of the said kingdom, for and on the behalf of his majesty's Roman Catholic subjects of the same, on the other part.
His majesty's Roman Catholic subjects, as thereunto be restore them to all quietness and happiness under bound by allegiance, duty, and nature, do most humbly anjesty's most gracious government, deliver the and freely acknowledge and recognise their sovereign raines, and spoils, which always accompany a war, this kingdom of Ireland, and other his highness' realms Hi, om in general from those slaughters, depredations, lord king Charles, to be lawful and undoubted king of courage the subjects and others with comfort to be- and dominions: and his majesty's said Roman Catholic themselves to trade, traffic, commerce, manufac- subjects, apprehending with a deep sense the sad concase the wealth and strength of the kingdom, beget testimony of their loyalty do declare, that they and other things, which uninterrupted may in-dition whereunto his majesty is reduced, as a further all his majesty's subjects of this kingdom a perfect their posterity for ever, to the utmost of their power,
even to the expense of their blood and fortunes, will | his majesty, his heirs and successors, or to the lord demaintain and uphold his majesty, his heirs and lawful puty, or other his majesty's chief governor or governors successors, their rights, prerogatives, government, and for the time being, all treason or traiterous conspiraauthority, and thereunto freely and heartily will render cies, which I shall know or hear to be intended against all due obedience. his majesty, or any of them: and I do make this recognition and acknowledgment, heartily, willingly, and truly, upon the true faith of a Christian; so help me God," &c. Nevertheless, the said lord lieutenant doth not hereby intend, that any thing in these concessions contained shall extend, or be construed to extend, to the granting of churches, church-livings, or the exercise of jurisdiction, the authority of the said lord lieutenant not extending so far; yet the said lord lieutenant is authorized to give the said Roman Catholics full assurance, as hereby the said lord lieutenant doth give unto the said Roman Catholics full assurance, that they or any of them shall not be molested in the possession which they have at present of the
Of which faithful and loyal recognition and declaration, so seasonably made by the said Roman Catholics, his majesty is graciously pleased to accept, and accordingly to own them his loyal and dutiful subjects: and is further graciously pleased, to extend unto them the following graces and securities.
respective jurisdictions, as they now exercise the same, until such time as his majesty, upon a full consideration of the desires of the said Roman Catholics in a free parliament to be held in this kingdom, shall declare his further pleasure.
I. IMPRIMIS, it is concluded, accorded, and agreed upon, by and between the said lord lieutenant, for, and on the behalf of his most excellent majesty, and the said general assembly, for, and on the behalf of the said Roman Catholic subjects; and his majesty is graciously pleased, That it shall be enacted by act to be passed in the next parliament to be held in this kingdom, that all and every the professors of the Ro-churches or church-livings, or of the exercise of their man Catholic religion, within the said kingdom, shall be free and exempt from all mulcts, penalties, restraints, and inhibitions, that are or may be imposed upon them by any law, statute, usage, or custom whatsoever, for, or concerning the free exercise of the Roman Catholic religion: and that it shall be likewise enacted, That the said Roman Catholics, or any of them, shall not be questioned or molested in their persons, goods, or estates, for any matter or cause whatsoever, for, concerning, or by reason of the free exercise of their religion, by virtue of any power, authority, statute, law, or usage whatsoever and that it shall be further enacted, That no Roman Catholic in this kingdom shall be compelled to exercise any religion, form of devotion, or divine service, other than such as shall be agreeable to their conscience; and that they shall not be prejudiced or molested in their persons, goods, or estates, for not observing, using, or hearing the book of common prayer, or any other form of devotion or divine service, by virtue of any colour or statute made in the second year of queen Elizabeth, or by virtue or colour of any other law, declaration of law, statute, custom, or usage whatsoever, made or declared, or to be made or declared: and that it shall be further enacted, that the professors of the Roman Catholic religion, or any of them, be not bound or obliged to take the oath, commonly called the oath of Supremacy, expressed in the statute of 2 Elizabeth, c. 1, or in any other statute or statutes: and that the said oath shall not be tendered unto them, and that the refusal of the said oath shall not redound to the prejudice of them, or any of them, they taking the oath of allegiance in hæc verba, viz. “I A. B. do hereby acknowledge, profess, testify, and declare in my conscience, before God and the world, that our sovereign lord king Charles is lawful and rightful king of this realm, and of other his majesty's dominions and countries; and I will bear faith and true allegiance to his majesty, and his heirs and successors, and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever, which shall be made against his or their crown and dignity; and do my best endeavour to disclose and make known to
II. Item, It is concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that a free parliament shall be held in this kingdom within six months after the date of these articles of peace, or as soon after as Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Brown, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or the major part of them, will desire the same, so that by possibility it may be held; and that in the mean time, and until the articles of these presents, agreed to be passed in parliament, be accordingly passed, the same shall be inviolably observed as to the matters therein contained, as if they were enacted in parliament: and that in case a parliament be not called and held in this kingdom within two years next after the date of these articles of peace, then his majesty's lord lieutenant, or other his majesty's chief governor or governors of this kingdom for the time being, will, at the request of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, Alexander Mac-Donnel esquire, sir Lucas Dillon knight, sir Nicholas Plunket knight, sir Richard Barnwall baronet, Jeffery Brown, Donnogh O Callaghan, Tyrlah O Neile, Miles Reily, and Gerrald Fennell, esquires, or the major part of them, call a general assembly of the lords and commons of this kingdom, to attend upon the said lord lieutenant, or other his majesty's chief governor or g vernors of this kingdom for the time being, in such convenient place, for the better settling of the affairs of the kingdom. And it is further concluded, accorded, and agreed upon, by and between the said parties, that
all matters, that by these articles are agreed upon to be | Connaght, Donnogh lord viscount Muskerry, Francis passed in parliament, shall be transmitted into Eng- lord baron of Athunry, Alexander Mac-Donnel esquire, land, according to the usual form, to be passed in the sir Lucas Dillon knight, sir Nicholas Plunket knight, said parliament, and that the said acts so agreed upon, sir Richard Barnwall baronet, Jeffery Brown, Donnogh and so to be passed, shall receive no disjunction or O Callaghan, Tyrlah O Neal, Miles Reilie, and Geralteration here in England; provided that nothing rald Fennell, esquires, or the major part of them, shall shall be concluded by both or either of the said houses desire the same, so that by possibility it may be done : of parliament, which may bring prejudice to any of and in the mean time, that no such indictments, attainhis majesty's protestant party, or their adherents, or to ders, outlawries, processes, or any other proceedings his majesty's Roman Catholic subjects, or their adhe- thereupon, or any letters patents, grants, leases, custorents, other than such things as upon this treaty are diums, bonds, recognizances, or any record or acts, concluded to be done, or such things as may be proper office or offices, inquisitions, or any other thing dependfor the committee of privileges of either or both houses ing upon, or by reason of the said indictments, attainto take cognizance of, as in such cases heretofore hath ders, or outlawries, shall in any sort prejudice the said been accustomed; and other than such matters as his Roman Catholics, or any of them, but that they and majesty will be graciously pleased to declare his fur- every of them shall be forthwith, upon perfection of ther pleasure in, to be passed in parliament for the these articles, restored to their respective possessions satisfaction of his subjects; and other than such things and hereditaments respectively; provided, that no man as shall be propounded to either or both houses by his shall be questioned, by reason hereof, for mesne rates majesty's lord lieutenant or other chief governor or or wastes, saving wilful wastes committed after the first governors of this kingdom for the time being, during day of May last past. the said parliament, for the advancement of his majesy's service, and the peace of the kingdom; which clause is to admit no construction which may trench upon the articles of peace or any of them; and that both houses of parliament may consider what they shall think convenient touching the repeal or suspension of the statute, commonly called Poyning's Act, intitled, An Act that no parliament be holden in that land, until the Acts be Certified into England.
III. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is graciously pleased, that all acts, ordinances, and orders, made by both or either houses of parLament, to the blemish, dishonour, or prejudice of his majesty's Roman Catholic subjects of this kingdom, or any of them, since the 7th August 1641, shall be varated; and that the same, and all exemplifications and other acts which continue the memory of them, be nade void by act to be passed in the next parliament to be held in this kingdom: and that in the mean time the said acts or ordinances, or any of them, shall be no prejudice to the said Roman Catholics, or any of them. IV. Item, It is also concluded, and agreed upon, and his majesty is likewise graciously pleased, that all adictments, attainders, outlawries in this kingdom, and all the processes and other proceedings thereupon, and all letters patents, grants, leases, customs, bonds, recognizances, and all records, act or acts, office or offices, inquisitions, and all other things depending pon, or taken by reason of the said indictments, attainders, or outlawries, since the 7th day of August, 1641, in prejudice of the said Catholics, their heirs, executors, administrators, or assigns, or any of them, or the widows of them, or any of them, shall be vacated and made void in such sort as no memory shall remain thereof, to the blemish, dishonour, or prejudice of the said Catholics, their heirs, executors, administrators, or assigns, or any of them; or the widows of them, or any of them; and that to be done when the said Thomas Ir viscount Dillon of Costologh, lord president of
V. Item, It is likewise concluded, accorded, and agreed; and his majesty is graciously pleased, that as soon as possible may be, all impediments, which may hinder the said Roman Catholics to sit or vote in the next intended parliament, or to choose, or to be chosen, knights and burgesses, to sit or vote there, shall be removed, and that before the said parliament.
VI. Item, It is concluded, accorded, and agreed upon, and his majesty is further graciously pleased, that all debts shall remain as they were upon the twenty-third of October, 1641. Notwithstanding any disposition made or to be made, by virtue or colour of any attainder, outlawry, fugacy, or other forfeiture; and that no disposition or grant made, or to be made of any such debts, by virtue of any attainder, outlawry, fugacy, or other forfeiture, shall be of force; and this to be passed as an act in the next parliament.
VII. Item, It is further concluded, accorded, and agreed upon, and his majesty is graciously pleased, that for the securing of the estates or reputed estates of the lords, knights, gentlemen, and freeholders, or reputed freeholders, as well of Connaght and county of Clare, or country of Thomond, as of the counties of Limerick and Tipperary, the same to be secured by act of parliament, according to the intent of the twenty-fifth article of the graces granted in the fourth year of his majesty's reign, the tenour whereof, for so much as concerneth the same, doth ensue in these words, viz. We are graciously pleased, that for the inhabitants of Connaght and country of Thomond and county of Clare, that their several estates shall be confirmed unto them and their heirs against us, and our heirs and successors, by act to be passed in the next parliament to be holden in Ireland, to the end the same may never hereafter be brought into any further question by us, or our heirs and successors. In which act of parliament so to be passed, you are to take care, that all tenures in capite, and all rents and services as are now due, or which ought to be answered unto us out of the said lands and premises, by any letters patent passed thereof