A svrvey of the articles of the late reiected peace. The first part conclvded in the Marques of Ormonds cabinet in Dublin, the 29 of Iuly 1646, and there published, as if the same were concluded the 28 of March before, in which survey it is proved by notable observations upon some of the said articles, that the said peace is destructive of the Catholique faith, disadvantagious to His Majesty, pernicious to his Catholique subjects, and favourable onely to rebellious Parliamentary heretiques : vnto the iniquitie of which peace is added the invaliditie and nullitie thereof ... : whence the iustice of the clergies decree ... / by Walt. Enos ...

A SVRVEY OF THE ARTICLES OF PEACE , Concluded in the Marques of Ormonds Cabinet in Dublin , the 29. of Iuly 1646. and there published , as if it were concluded the 28. of March before , &c.

A PREMONITION .

1. TO guide the Reader in this Survey its necessary he place before his eyes the Oath of Association , the Modell of Government , our Remonstrance printed in France anno 1642. our grievances , presented at Trim . 17. March 1642. the severall acts & protestations made by the kingdome in the Assembly held at Kilkenny , in the moneths of Iuly and August 1645. together with the 17. Propositions exhibited to His Majestie , in Aprill 1644. and the 14. additionall propositions afterward propounded unto the Marques of Ormond . By these , as by the generall rules laid downe by the whole kingdome , not onely the Committee of Treaty , but the Supreme Councell also , and the Committee of Instructions , were to regulate their actions in the conclusion of this anticke Peace . If they have swarved from these rules , they must either shew us a dispensation therein , or licence us ( in vindicating the honour of the Confederate Catholiques ) in a modest manner ; Matth . 18.15 . to discover their errors : Si autem peccaverit in te frater tuus , vade & corripe eum . As these have been rules unto the Supreme Councell and Committees to follow , so have they beene Prospectives to Catholique Princes and Prelates , to behold the pure intention and constant resolution of the Confederate Catholiques , to maintaine & repaire the Catholique Faith . Essugerunt aciem gladij , Hebr . 11.34 . convaluerunt de infirmitate , fortes facti sunt in bello , castra verterunt exterorum . The 30. Articles comprized in this Peace doe correspond to the foresaid 17. and 14. propositions : both being confronted will reveale what is granted unto the Confederate Catholiques and not granted ; what sleightly answered , and not answered at all ; what covettly couched to delude the Reader , Psal . 20.12 . and what added without the kingdomes consent . Cogitaverunt Confilia , quae non petuerunt stabilire .

§. 1. Observations upon the first branche of the first Article of the Peace .

1. HIs Maiestie is pleased ( saith this first branche ) that it SHALL BE provided by act of Parliament TO BE passed in the next Parliament TO BE held in this kingdome , that the Professors of the Roman Catholique Religion in the said kingdome , be not bound to take the Oath of SVPREMAOY , expressed . 2. Elizabeth , &c. Observe ( judicious Reader ) what is here granted , is for the time to come , namely , when the Parliament SHALL BE ; for the present & untill the Parliament SHALL BE , thou art left in statu , quo prius , as if there were no such article in rerum natura ; & if a Parliament never BE , then art thou never exempted from this Oath . In the meane time , and for the present , even upon perfection of these Articles , the Lord Marques of Ormond , must be admitted unto the Chiefe government of the Forts , Cities , Townes and Garisons , which are in the possession of the Confederate Catholiques , & there to substitute his under Governors ; hee is to command our Armies in the field , and to appoint other chiefe Commanders and Officers of Horse and Foote ; he is to governe our Frigots by Sea , to dispose of our Magazines , and dispense our powder and ammunition by land , &c. as you shall heare more fusely in our observations on the 25. Article . Verily Iulius Cesar never obtained so great a victorie at so low a price against all his enemies , as the Marques gained against the Confederate Catholiques by this sordid Peace , could it receive acceptance among them . And when all is done , what have we , or shall wee gaine by this Article ? Mary , that the Confederate Catholiques be not bound to take the Oath of Supremacy expressed . 2. Eliz . And that the refusall of the said Oath SHALL not redound to his preiudice . But if any Heretique Chiefe Governor shall present unto the Catholique , the Oath of Supremacy expressed in the statute of 28. Hen . 8. c . 13. How shall he avoid it , seeing by this branch he is exempted only from the Oath of . 2. Eliz . ? Marke , I beseech you , how cunningly the words are couched : it SHALL BE provided , &c. that the Roman Catholique shall not be bound , &c. here is no repeale of this statute or penall Law against the Catholiques ; how then they may be securely provided , I conceive not ? our observance on the next branch will discover the mysterie . Alderman Richard Barnewall ( a good and honest Catholique ) should be Maior of Dublin this yeare , in the absence of Alderman Lake , a heretique now siding with the Parliament : the Councell of Dublin knowing , that by this Article the Catholique Alderman was not yet exempted from the Oath of Supremacy ( which he must have taken , if he were permitted to undergoe the office of Maioraltie ) and fearing too timely to reveale the same , gave two hundred pound unto Mr. Smith ( who was Maior the last yeare ) to undergoe the said office for the Heretique Lake : so as the Councell had rather loose this 200. l. than that the Catholique should have the present benefit of this imaginarie exemption from the Oath of Supremacie . It had been pricks in the Heretiques eyes , to see a Catholique Alderman in Dublin goe to Masse with the Kings sword carried before him . Ab initio autem non fuit sic . Matth . 19.8 .

3. By this branch all the professors of the Roman Catholique Religion , ( propositio enim indefinita aequivalet universali ) are in apparence exempted from the Oath , and yet the principall members thereof , to wit , the Catholique Prelats , Clergie , Religious and Schollers may have no benefit thereof , by reason of this annexed Proviso : So as by the same Act it is further provided and enacted , that if any Roman Catholique shall happen to be promoted , presented or advanced to any Ecclesiasticall promotion , dignitie or benefice , according to the forme now used in the Protestant Church of Ireland , that the freedome and exemption aforesaid shall not extend to any such Roman Catholique . By this surreptitious Proviso all Catholique Ecclesiasticks are yoaked under the heavy burden of the penall Law established in the 28. yeare of the raigne of Henry the 8. cap . 13. out of which I present the Reader with this scantlet , which concernes Ecclesiasticks onely : It is enacted , &c. that all and every Ecclesiasticall Iudge , ordinary , Chancellour , Commissarie , Officiall , Vicar Generall , and other Ecclesiasticall Officer and Minister , shall before he take upon him , the execution of such office receive a Corporall Oath . 1. To renounce the Pope , his authoritie and Iurisdiction . 2. Never to consent , that he have or exercise any manner of power within this land . 3. That the King is the onely supreme head , &c. 4. That he sweare to defend the Lawes made against the Popes power . 5. That every Religious person ; at the time of possession or entrie into Religion and every other Eccleasticall person , which shall be promoted or preferred to any degree of learning in any universitie &c. shall take the said Oath . 6. The obstinate refusall of this Oath is Treason . Loe , the iniquitie of the Projectors of this Proviso : Psal . 24.4 . Iniquitatem meditatus est in cubili suo : astitit omni viae non bonae . We pray the secular Catholique to take a view of the same statute of . 28. Hen . 8. established here in Ireland , and there he shall find himselfe involved in asmuch or more calamities , than the Ecclesiasticke , from which neither of both are freed by this fatall Peace .

4. Neither ought any man be deluded by those words , which are added in the Proviso ( according to the forme now used in the Protestant Church in Ireland ) for it is knowne , most of the formes used in that new Church ( chiefely in matter of promotion ) is derived from the Catholique Church , which the Protestant-Church doth in that particularly Apishly imitate : so as if a Catholique Church-man desire to be promoved to any benefice , though it be according the forme of the Catholique Church , yet the Protestant Governors in this kingdome , will say , that such promotion is according the forme of the Protestant Church , ( because both are the same ) and therefore compell the Catholique to take the Oath , or never promove him to any benefice . Moreover it s knowne that our Kings of England have ( in many cases ) the presentation and nomination of fit persons to certaine dignities , &c. who might present a Catholique Priest , aswell as a Protestant Minister to such dignities , if this cursed Proviso were not thrust in into this Article : and a Catholique Priest might still remaine a Catholique , and yet be promoved , presented and nominated by his Prince ( though a Protestant ) to any such dignities ; examples whereof are frequent in Germany . This was foreseene by the Architects of this Article , who therefore couched the same so enigmatically .

5. Now least this one Proviso should not be sufficient to hinder the groth of Popery ( as they speake in the deformed Gospellers language ) this other is added : If any being Protestant ; being advanced , promoted or presented to any Ecclesiasticall benefice , dignitie or promotion , shall afterward become a Roman Catholique , that the exemption aforesaid shall not so farre extend to any such Roman Catholique , but that upon tender of the said oath , and refufall thereof , he be for that cause left subiect to the deprivation of the said benefice . Tota die meditabantur dolos . What inventions are made to keepe up Dagon on the Altar ? 1. Reg . 5.3 . Ecce Dagon iacebat pronus in terra ante Arcam Domini : had our Catholique Agents consulted with any indifferent divines in this particular , I believe , they had been told that with safetie of Conscience , they could never subscribe to such a Proviso . But alas they were all wiser than any divines ; what necessitie was there to descend to such infamous Conditions with men , who had not wherewithall to subsist , but by our owne subsistence ? Curavimus Babylonem , Ierem . 51.9 . & non est sanata : derelinquamus eam , & eamus unusquisque in terram suam . They ought rather to insist on the Lawes of God and man ; if any Catholique became Hereticke , he should be deprived of all benefices . As for the Oath of Supremacy it selfe , seeing all the Parliamentary Rebells in these three kingdomes have cancelled all obligations and statuts enforcing the taking thereof , to what purpose doe these seeming Royalists keepe all this racket to preserve it : as it suddenly crept in , and never landed in either of these three Isles before the revolt of Henry the eight , See Stat. 1. & 2. Ph. & Mar. so is it like suddenly to vanish away ? Most of them , that tooke it , hath joyned Treason to perjurie : we , that refused it , preserve loyaltie and Monarchie .

§. 2. Observations on the second branch of the said first Article .

6. IT is Further concluded ( by that Article ) that for all matters concerning the first Proposition of the said Catholiques , viz. ( that all Acts made against the professors of the Roman Catholique faith , whereby any restraint , penaltie , mulct , or incapacitie may be laid upon the Roman Catholiques within the kingdome of Ireland may be repealed , and the said Catholiques to be allowed the freedome of the Roman catholique Religion ) that his Maiesties said Roman Catholique subiects be referred to His Maiesties gracious favour , and further Concessions . Note , by the first proposition above mentioned is understood the first proposition of the seaventeene proposed by the Confederate Catholiques unto his Majestie in Aprill . The fraud of the second branch discovered 1644. and no concession granted by the Marques in his Majesties behalfe ; wherein many men have fouly erred , taking this for a grant , grace or favour conferred by His Majestie upon the Confederate Catholiques , which is indeed no other , than their demand or Proposition unto His Majestie . The occasion of this Error was the wilfull obscuritie used by the Contrivers of this Peace , in couching our Proposition so cunningly , without parenthesis or distinction of Characters , as the unwary Reader might take that for His Majesties Concession , which is but our owne Proposition , and thinke himselfe to be exempted from the Penall Lawes , and to bee allowed freedome of Religion ; whereas in very deed there is no such matter ; the Penall Lawes lye alwayes heavily on the Catholiques shoulders , and insteed of taking them away , they are referred ( forsooth ) to His Maiesties gracious favour and further Concessions : as if his Majesties Subjects could not have accesse unto him , or participate of His gracious favours , without such an idle reference and frivolous Article . His Majestie by the provocation of new Statists refers our Agens from England unto His Commissioner in Ireland , and His Commissioner in Ireland ( after he had pomp'd us out drie ) refers us backe unto His Majestie in England ; so our grievances are redressed ; so our Religion ( which promise Royall , solemne oath , and ancient fundamentall lawes have warranted unto us ) is secured . Might not our Committee of treatie after three yeares labour , and the consumption of more money , Luc . 5.5 . than would maintaine an Army in the field for halfe a yeare , truly say ; Praeceptor per totam noctam laborantes nihil cepimus ? Be it spoken without disparagement to any ( for in the cause of God wee must not feare to publish the sense of our soules ) they cast not their nets on the right , but on the left hand , they seemed not to have looked so purely on Gods cause , as on flesh and blood . At that very time when His Majestie by the instigation of the Parliamentary and Scots Rebells commanded the Lord Marques of Ormond by his Missive Royall dated the 11. of Iune , 1646. To proceede no further in treatie with the Irish , and not to engage him vpon any condition with them after sight of the same letters , yea even then when his Majestie was in no better Condition , than of a prisoner with the Scots , & consequently , not at his owne libertie to give the Irish any favours , or further Concessions , it pleased our vigilant Committee of the Treatie to renounce all foregoing favors granted by his Majestie , and to rely on future favors and further Concessions , which ( while His Majestie is in that posture ) are impossible to be obtained .

7. Before the effusion of so much blood by Heretiques , the exile of so many noble Catholiques , the devastation of so many Cities , Townes & Counties , the depredation of so many thousands of the Kings subjects , we received a far better answer from His Majestie himselfe , even upon this first proposition , as appeareth by the answers to our Propositions printed at Waterford in the yeare 1644. yea before our Agents left England , they received far better satisfaction from His Majestie himselfe and had there made a happy Conclusion , had not the private letters of Statists ( who are now like to sincke in their owne presumption ) given impediment thereunto . Time run out , and His Majesties affaires begun to decline in England , which moved him to looke for succours from his Catholique subjects in Ireland , whose religion taught them to preserve faith to God , and loyaltie to their Soveraigne . Wherefore by his letter dated 27. February , 1644. he commanded the Marques of Ormond , to conclude a Peace with the Irish , whatsoever it cost , &c. And if the suspension of Poynings Act for such Bills , as shall be agreed upon betweene you there ( saith His Majestie ) and the present taking away of the penall Lawes against the Papists by a law , will doe it , I shall not thinke it a hard bargaine , &c. This letter comming to the Marques of Ormonds hands was suppressed from the knowledge of the Confederate Catholiques ; by which human policie all succours from Ireland to His Majestie into England were hindred , which was no small occasion of his Majesties present deplorable condition .

8. In the interim , His Majestie observing , that His letters and Commands were sleighted , and our succours in his pressing necessitie thereby retarded ; was pleased to give a speciall Commission to Glamorgan , dated at Oxford the 12. of March , 1644. authorizing him to treate and conclude with the Confederate Catholiques of Ireland , Glamorgans Commission . if upon necessitie any thing should be condescended unto wherein His Majesties Lord Lieutenant could not be so well seene in , as not fit for His Majestie at the present publiquely to owne &c. This Commission with the foresaid letter of the 27. of February coming to the knowledge of the Confederate Catholiques in August 1645. being then assembled at Kilkenny , caused the Marques of Ormond to use speedie prevention , least he should be excluded from sharing in the honour of the expected Peace wherfore he sends up to the Assembly his letter , with a paper therein inclosed , Ormonds Concession . wherein was contained a briefe of such graces and Concessions , as he ( in His Majesties Name ) was pleased to grant unto the Catholiques . In the very first branch whereof , not a repeale of the penall Lawes , as His Majestie commanded , but an exemption from penalties , and incapacities by reason of the exercise of our Religion , namely , for saying or hearing Masse , for hearing or making Confession , for giving or receiving absolution ; for keeping a Priest ; for Preaching of the Word of God ; or administring the Sacraments . Item that the High Commission Court , and abuses of excommunication in the Article , &c. should be taken away ; that the Catholiques may suy their Liveris and Ouster les mains , upon taking the Oath of Allegiance onely . And this was the answer then given by the Lord Marques to our first Proposition above mentioned n . 6. and read 14. Augusti . 1645. in the Assembly then held at Kilkenny : which , though it was far better than the answer given to the said proposition in this first Article of Peace , well nigh twelve moneths after , yet was it then rejected by the Assembly , chiefely because therein was no mention made of Churches , Churchlivings , or spirituall iurisdiction . Now what power our Councell or Committees had from the Assembly to conclude a Peace ( even then when we were in a better posture , than ever ) upon worse conditions than those , which were offered unto us , when wee were not in halfe so good a posture , I have not read in the journals , either of that or the following Assembly . To tell us , they relyed on Glamorgans Articles , is frivolous , as you shall heare in the third paragraphe . Wee could wish they did indeed rely constantly & resolutely , thereupon then should we little neede such frequent , tedious , and chargeable recourse to Dublin , to make a new Peace with them , who had lesse power , than Glamorgan . If they laboured so much to preserve Religion , King , and Countrey , as they laboured to preserve them , whose courses they saw , were directed , to destroy Religion , King , and Countrey , they should , and lawfully might , by vertue of Glamorgans commission proceed against them with as much violence and hostilitie , as ever they proceeded against Scot or Parliament .

9. On the 25. of August , 1645. the Peace was concluded with Clamorgan ; the conditions thereof were upon oath to be be kept secret , least the publication should prove prejudiciall to His Majestie , who had no lesse cause to feare his owne bosome friends at home and in Dublin , than hee had to feare the Parliament and the Scot . The Seale of secrecie being broken , and all things revealed to the Marques of Ormond by some ( as is suspected ) of our owne Councell or Committes ( though it be father'd on others ) hee , who of all others should keepe such matters secret , published the same to the whole world . The Marques , Lord Digbie and others joyne their heads together : Psal . 2.2 . convenerunt in unum adversus Dominum & adversus Christum , 2 Reg . 3.27 . eius . The Marques solemnely invites Glamorgan to keepe Christmas in Dublin . ( seorsim adduxit Abnerem Ioab ad medium portae , ut loqueretur ei in dolo . ) Where hee is intertained with close imprisonment in the Castle . The Emulous of Corrivals and enemies of religion sollicite the noble Catholique to quit or surrender what power and Commission they then understood , hee had from the King . He ( knowing what other more ample power hee had , which came not unto their knowledge , and fearing to come unto the Parliament-clawes ) surrenders that power or commission , they knew he had ; yet had not that surrender procured his libertie , were it not that the Catholique Confederats resolved to purchase it by their armes and blood .

10. The emulous are ever suspicious , and the ambitious never secure . They observed Glamorgan after his release to prosecute his Commission with the Confederats , and preparations made by the Catholiques to succour His Majestie , wherefore another meane is excogitated ; Revocation of Glamorgans Commission . to wit an instrument of revocation of Glamorgans power is framed ( its said ) in Dubliu , but dated at Oxford the 29. of Ianuary , 1645. which gave occasion to Noble Glamorgan and the kingdome to desist from the prosecution of their intended succours . The Marques being now freed from competencie with any corrivall , as he supposed ( at videbis oemulum tuum in templo , 2 Reg . 2.32 . in universis prosperis Israel ) presseth on the conclusion of a peace by himselfe . A new Commission for a treatie is obtained 6. Martij 1645. from the new Councell , who were made , but foure dayes before . The Articles of Peace ( which were long before a moulding ) are posted on , and delivered by the Viscount Muskery . 14. eiusdem , to M. Darcy , at eight of the clocke at night , and signed and sealed only , the 28. of the same moneth , maugre the opposition of the Lord Nuncius , the Lord Glamorgan , and the generall Assembly held at Kilkenny the February before , as you shall heare more fully hereafter . With like opposition were the same Articles illegally DELIVERED in the Lord Marques his cabinet in the midnight of secrecie the 29. of Iuly 1646. after the Catholiques trophees erected against their Enemies in Vlster and Connaught , and after the knowne revocation of the Marques of Ormonds Commission by His Majesties aforesaid letter dated 11. Iunij , 1646. The officious proctors who were fellow-labourers in inhancing this Peace , are known to be such as lent thousands of pounds to the Marques of Ormond since these tumults , who are thought , to hazard their Religion to secure their moneyes ! How such kinde of CREATVRES have crept into our Councell and Committees , the world hath admired . Some Arguses have observed , that matters of secrecie , which concerned the King , if they trench'd on Ormond , were revealed ; other secrecie which concerned Ormond , though they touched Religion , King and Countrey , were kept with asmuch privacie , as the things contained in the booke of the seaven seales ; Apoc . 5.1 . whence they inferre that our people intention was not so purely for Religion , King and Countrey , as for flesh and blood .

11. Our Committee , to excuse themselves , impose the fault on the Marques , affirming , that whensoever they demanded any of those first promised conditions , Sup . n . 8. hee alwayes thwarted their demand by some contrary proposition : for example , when they demanded the free exercise of their Religion , according to his own overture in publique assemblie , hee answered ; you shall indeed , but not in Churches . When they demanded the repeale of the penall laves made against the Catholiques ; hee returned this frivolous answer , that such repeale could not be , granted , without the repeale of the penall lawes made against the Protestants also ; whereby they were obliged to heare or reade the Booke of Common Prayer in Churches , whereunto hee would not condescend ; tacitly intimating thereby , that he resolved in oportune time to deprive us of our Churches . If such sly evasions were reply-worthy , it might be asked , what connexion is there betweene the penall lawes made against the Catholiques and those made against the Protestants , that the one can not be repealed without the other ? are not the lawes , the branches and members thereof distinct ? If there were no Churches in rerum natura , would the Protestants incurre the penalties of the law , if ( in that case ) they reade not the booke of Common Prayer in Churches ? or if their devotion be so siry , as they will needs reade their prophane service in Churches ; why build they not Churches for themselves ? or why might not a kitchin , or stable serve them for a Church , and a tub for a pulpit , as it serves their zealous brethren in England , but needs they must prey on the Catholique Churches ? why doe they not renounce the Popish Churches and Church-livings , as they renounce the Popish doctrine and regular discipline ? whence sprung this late hatch'd zeale in those Sect-masters , who in one yeare demolished or prophaned ten thousand Churches , monasteries and Sancturies ? some are of opinion ( but I 'le suspend my judgement ) that such luke-warme Brethren should be assigned for the exercise of their devotion , such Churches as they may lay hold on in the Antipodes , or in Concavo Lunae , where they may be separated from the Tents of Israel , from the botch of Poperie , to speake in their dialect . That moves me to laughter , to see the fervour of the brethren of Dublin endevouring to preserve the use and exercise of the Booke of Common Prayer , when as all Scotland , and all the Parliamentaries of England , and Ireland , have , even by the (a) Proclam . calling it backe from Scotland , and declar . 29. Ianuar . 1645. Iudic . 6.31 . kings owne consent , rejected the same ; and I believe the Marques himselfe hath ( ere now ) cast of his devotion to it , if hee hath cast off his loyaltie to his Soveraigne , as is said , hee hath . Now when all the Heretiques of these three Ilands have rejected that Babill , must the Catholiques of Ireland preserve it , and become Vltores Baal ?

12. But I returne from this small digression : whether shall wee applaude the Marques , for his zeale in defence of his abortive Sect , or reprehend our Committee for pusillanimitie in defence of the Catholique faith ? whether shall wee accuse the Marques for recoiling from his solemne promise ; or our Agents for transcending their Commission ? the Marques for transgressing his Masters commands , or our Agents for contemning them ? Lapis offensionis , Glamorgans articles , were thought to have beene removed , and that gave occasion of Ormonds retrocession . But if neither honour to God , advance to Religion , securitie to Soveraigne , libertie to subject did result from this Peace ? if neither necessitie on our part , nor utilitie on the Kings part , no obligation of Law , did enforce this Peace , what reasonable motive could there be to induce our Agents to condescend thereunto ? Gen. 37.27 . frater enim & caro nostra est . I am ashamed to speake what those of most integritie amongst that Councell and Committees have ingeniously confessed , that if they consented not to this fatall peace , they were like to have a rupture , or division among themselves , so powerfull was the faction , even in our owne bosome . If any motion were made in our Councell or Committees in the behalfe of the Marques of Ormond , the * These are called by factionists the ill-affected of the Councell . soundest part of either , dared not open their mouth against it , being assured , his opposition would be ( notwithstanding all oath of secrecie ) revealed in Dublin ; So as the Marques was noted to have more power and authoritie in our Councell and Committees than he had in his owne Councell in Dublin . What did we gaine by joyning with him , who had neither men , meate , money , or ammunition , but what he had from our own hands , and what should we loose by being at distance with him , who ( notwithstanding the excessive impositions and excises taken up from those of his quarters these three yeares past ) was as unable , as unwilling to use any act of hostilitie against the Kings enemies in this kingdome ? 1. Cor . 10.15 . Prudentibus loquor vos ipsi iudicate quod dico more elsewhere .

§. 3. Whether Glamorgans Peace be either expressely , or implicitly included in this Peace ?

13. The Authors of this Peace have and doe still confesse , that this Peace in it selfe , as it 's comprized in the 30. Articles signed and sealed 28. Martij , bringeth no securitie to Religion or Countrey , but as it hath relation to Glamorgans Articles and other Concessions . I say ( and I am persuaded every indifferent judgement will joyne in opinion with me ) that this peace is so farre from including either expressely or implicitly , Glamorgans Articles , or any other favors or graces already granted , as it rather renounceth and waveth the benefit of all , and relyes wholly on future . That which we demanded in our first Proposition , First reason , that Glamorgans Peace is not in this included . was a repeale of the penall lawes , and free exercise of the Catholique Religion . That which Glamorgan hath granted us is the same , together with the securitie of our Churches and Church-livings , &c. The selfe same , and what graces soeverels have beene granted unto us , are those , which by the second branch of this Article our Committee hath consented , should be referred to his Maiesties gracious favour and further Concessions ; and if this be not to wave the benefit of al graces already granted , I appeale unto all indifferent judgments . 2. Reason . See above n . 8. These following words in the same Article ( the chiefe Governor for the time being SHALL cause whatsoever Shal be further directed by His Maiestie to be passed in Parliament , &c. ) manifestly convinceth , that reference to His Majestie to have relation to the future , and not to the time past , & that the graces and concessions here referred to His Majestie , are those which have beene already granted , and by us waved : wherfore the Committee of treatie had deserved more thanks , if they entirely omitted that branch of the Articles , then any way to have expressed it . 3. Reason . Neither can the Word ( further ) have relation to any other Concessions , than to the Concessions immediately mentioned in the same Article , namely the exemption frrom the oath of Supremacy .

14. May not the world judge our Commissioners culpably negligent ( to use no sharper language ) who even then , when our Armies triumphed in the field , and tooke in many garrisons ) would leave an Article of such high concernment , to the interpretation , 4. Reason . exposition , and construction of our sworne Enemies . Wee have on the one side excluded our selves by the second Article of this Peace from moving any thing to be past the next Parliament , but what here is expressely agreed upon ; and on the other side wee have left it free unto the Lord Marques and his Successors , to propound or conclude such other things , as he or they shall thinke fit for the advancement of His Maiesties service , and the Peace of the kingdome , which clause is to adm it no construction , 5. Reason . which may trench upon these Articles , or any of them ; Now in case the Lord Lieutenant shall expound in the next Parliament his owne meaning , and declare in plaine tearmes , that it was never his intention to give us any allowance of Glamorgans articles , what shall become of the Confederate Catholiques , 6. Reason . or of the private intention of our Commissioners ? nay the Marques of Ormond will appeale to our Commissioners owne conscience , whether he did not often admonish them , aswell by himselfe , as by Sir George Hamilton , and Colonell Barry , that he would never give consent , that the Articles of Glamorgan should passe or take effect in Parliament . Yea the Supreme Councell it selfe , 7. Reason . as appeareth by their letters unto the Lord Nuncius , dated at Limmericke , the first of Iune , manifested their resolution to publish Ormonds peace , The Councell would not print or publish Glamergans Concessions . which they shortly expected , and not to publish Glamorgans ; and this was cloaked with a specious pretext , that such suppression of Glamorgans peace was in maius Catholicae Religionis bonum ; whereas it is well knowne , they suppressed the same , because the Marques of Ormond did resolve to set forth a publike protestation in print against them and that Peace , in case they did publish the same . Neither had Glamorgans Peace beene either printed or published to this day , had not the Clergie by their five Propositions sent unto the Councell from Waterford to Kilkenny , enforced them thereunto . And though they were thereupon printed ( to decline the just complaints and exclamations of the people ) yet was the publication of them forthwith suppressed , as much as in them lay . 8. Reason . Witnesses present are appealed unto . The Lord Digby ( among others ) was an eye-witnesse of the signing and sealing of these Articles of Peace ; and he was so farre from acknowledging , that by those further Concessions mentioned in this second branch of the Articles , either of both parties ( the Marques or our Committee ) intended Glamorgans Articles , as afterwards going into France , he publiquely declared upon his honour , that the Irish were pleased to renounce the benefit of Glamorgans Peace , which he would never presume to doe , were he not certaine of our Committees resolution , when they signed and sealed the Peace . And least this Noble witnesse should be suspected , we pray the Reader to satisfie his owne conscience in this particular , by conferring upon opportunity with Sir Morish Eustace , Doctor Fennell , the Marques Clanrichard , the Lord Taffe , Monsieur du Molin , Daniell O Neale , the Earle of Roscomman , y Lord Dillon , Colonell Trafford , and George Lane , or either of them , who were present at the signing or delivery of the Articles of Peace , who will declare the truth of this businesse , whether ever our Committee of the treatie did once move the Lord Marques or signifie unto him in the presence of any of these witnesses , before they signed or delivered these Articles , that by these words ( further Concessions ) they intended to have the benefit of Glamorgans Articles . True it is , that after all things were accomplished , they moved the Marques thereof , who flatly told them he never meaned to allow or approve by those words Glamorgans Articles : notwithstanding all which , our Councell , Committees and Agents delude the kingdome , that Glamorgans Articles are included in this Peace .

15. Yea , but there is a power ( say our Committees ) left in the late Supreme Councell to convocate a generall Assembly and to cause the kingdome to resume armes in case the bill to be presented to the Parliament for confirmation of Glamorgans Articles , The Committees excuse frivolous . be not permitted to passe . These are old Adams garments made of fig-leaves to cover the enormitie of the crime ; for neither is there any such power left them by the Articles of Ormonds Peace , ( which alone can bind him , and the future Parliament , to passe the bill ) neither have I read of any Act of Assembly , which gives them any such power ; And is it not ( thinke you ) a faire time to resume armes , when the enemy is put in possession of our Townes , Garrisons , Forts and other holts by our owne selves , and the command of our Armies , Magazins , and shipping , given unto him ? By what right may wee resume armes against him or any other for not consenting to the confirmation of Glamorgans Articles by Parliament , seeing neither he , nor any for him , was ever obliged thereunto ? How doe those men thinke , they shall be then able to take Armes against him or any of other ; when their Armies , Command , and Government are in their enemies obedience , and his power thereby much augmented , seing that they themselves confesse , they are not able now to take armes against him , when Armies , Command , and Government are in their owne hands , and their power stronger than ever , it s like to be . Wee should then indeed be Rebells , who were ever good Subject before , and take Armes against that Peace , which we our selves under hand and seale concluded .

16. If Belzebub princeps daemoniorum , How mischievous this branch is . were to invent a stratageme to shut up the sluces of his Majesties bounty from granting us any graces or further Concessions , he could never invent a more wicked , then this : for if His Majestie be once enformed that wee have already accepted such base conditions , he cannot with honour or securitie grant us better , or if he were disposed to grant us better , if they came not before the next November ( when the Parliament was to sit ) they would prove little usefull unto us , seeing they could not be confirmed by that Parliament : or if they came before the sitting of the Parliament , they might peradventure come , into the hands of such Hucksters , as would suppresse the same , as those letters of His Majesties were , which were dated the 27. of February 1644. Nay though they were come timely unto the hands of the Catholiques , yet could they availe us nothing , seeing nothing is to passe in that Parliament , but what is included in these Articles , as appeareth by the second Article of this Peace . And what greater honour could his Excellency get from King and Parliament , than to have concluded a peace ( and that without blowes ) more advantagious for the new deformed Church , than either King or Parliament of themselves could doe ; or what greater dishonour could the Catholique Confederats get among forrain Princes and Prelats , than to have concluded a Peace with a Protestant or Puritan subject on more base conditions , than they might conclude with a Catholique subject of the greatest extraction in England , authorized by His Majestie in the greatest trust and confidence . Yea , to accept of a worse peace from the subjest , than they might have had from their Prince . This was to hazard the Prince and to ingratiat the subject with the Prince his enemies .

17. I am persuaded , if we had so much assisted the Parliament , and given them as large contributions , as wee have done to Ormond , we should obtaine better conditions from them , if wee held it not disloyaltie to treat with such Rebells . Yet suppose wee were driven to resume armes , would it not presently follow , that we should be first deprived of what pettie favours are granted by these Articles , then indited , and inquisitions taken on gentlemens lands ; afterward all the calamitie that could befall one nation , should be heaped on us . And being thus strip'd from our Armes , Ammunition , Shipping , Government and Command , wee should be left desolate , and as Lambs exposed to the jawes of those wolves , who have vowed the destruction of us and our Religion . In vaine should wee then expect succours from forrain Catholique Princes or Prelats , who having observed our tergiversation in the cause of God by yeelding to a Peace no way answerable to our first resolutions , would let us sinke in our owne miserie without their aide or Armes ; and proclaime unto the world ( as already some have done ) one Butler hath intexicated all the Confederate Catholiques in Ireland . And this is all the benefit we should gaine by this desperate resumption of armes . Certes were the contrivers of this Peace to purchase a peece of land for themselves and their heires , they had been more carefull to provide and perfect sure and valide instruments to secure such lands , than they have beene to provide and perfect sure and valid instruments for the securing of Gods Church and this distressed Nation . Psal . 48.12 . Vocaverunt nomina sua in terris suis . They observed the validitie of Glamorgans Peace to be questioned : they should therefore provide more strings than one to there bow ? and cause those Articles to passe in Parliament with these ; or never consent to a Peace . Eccl. 4.12 . Funiculus triplex difficile rumpitur .

§. 4. By the second branch is taken away the graces granted in the first branch , in the seaventh and other Articles .

18. BY this branch , ALL ACTS , whereby any restraint , penaltie , mulct , or incapacitie may be layd on Catholiques are referred ( as you have heard ) to His Majesties graces and further concessions : none taken away . Among ALL those ACTS are comprehended the ACT of taking the oath of Supremacie , and the PENALTIES that follow by refusing the same ; from which wee are exempted ( or at least to be exempted the next Parliament ) by the first branch . By this branch wee are neither exempted from oath , nor from the penalties thereof , but referred to His Maiesties graces ; So as neither Ecclesiasticall nor secular is exempted truly and really from either oath of Supremacie or from the penalties , which follow by denying the same . See above § . 1. n . 3. the penalties against the Ecclesiastiques ; and much more against the Seculars , who deny the same oath , in the Statute of 28. Hen . 8. c . 13. and 2. Eliz . 1.2 . by which no Catholique is capable of any office or place of trust , honour , proffit or command in Civill or Martiall government . Whereas then in the seventh Article of this Peace it is granted , that all incapacities imposed upon the Natives , shall be taken away by Act of Parliament , this second branch crosseth that Article , and reserves the taking away of those incapacities into His Majesties future graces and further Concessions . The same we say of the 8. Article , where it is granted ( that places of command , honour , proffit , and trust in His Maiesties Armies and in Civill government shall be conferred upon Catholiques ) by this branch they are not actually to be conferred , but to be referred to His Majesties future graces ; for unlesse all Incapacities and the oath of Supremacie be taken away , Catholique Seculars are as uncapable of places in the Civill and Martiall government , as Catholique Ecclesiastiques are of places in the Ecclesiasticall . So likewise by this branch of the first Article ; the Catholiques are referred unto His Majesties future graces , for the allowance of the freedome of the Roman Catholique Religion : doth not this crosse what His Majestie seemeth to grant in that part of the 7. Article , touching the erecting of universities , and keeping of free-Schooles ? observe well , this universall proposition ( ALL ACTS , &c. are referred ) admits no exception , when it comes to the interpretation of our Adversaries .

§. 5. The labyrinth of calamities wherein the Catholiques are like to be involved by the continuance of the penall Lawes in force .

19. THese calamities are in some sort decyphred by our own Lawyers , even by such as were authors of this peace , in these words . By one Statute found among the Records of Parliament of this kingdome in the second yeare of the raigne of the late Queene Elizabeth cap . See Propositions and Answers printed at Waterford 1644. pag . 50. 1. & 2. the said Catholiques are made subiect to the arbitrary power of an high Commission Court , or other Commissioners to be appointed by His Maiestie , or the Lord Deputie for the time being , and may be questioned , and punished for all offences touching Religion . Irish Statuts fol. 261. likewise fol. 270. and 271. the Archbishops , Bishops , and Ordinaries of another Religion have heavily punished , and may still punish the said Catholiques for Marriages , Christenings , done according to the Catholique Religion , and every Catholique was driven to pay nine pence every Sunday for not repayring to Church , to the great impoverishment and destruction of the said Catholiques , and no profit at all to His Maiestie .

By the said Statute , fol. 261. and 262. not onely the Catholique Clergie , are excluded from all dignities and benefices Ecclesiasticall , but likewise the Catholique Laytie of all degrees and qualities , are rendred incapable of all Civill offices , from the highest iudge to the petty Constable , and likewise from Martiall offices or imployments , even to be a common Souldier in His Maiesties Army , where any fee or wages are due , without first taking the Oath of Supremacie ; and upon refusall of the said Oath , all dignities , offices , or wages are forfeited .

No Catholique can sue Liverie or Ousterle maine for his estate or any part thereof out of His Maiesties hands without taking the said Oath by the same Statute of 2. Elizabeth . cap . 1. fol. 265. a. If any Catholique of what estate , degree , or qualitie soever within this kingdome doe by writing , printing , teaching , preaching , expresse words , deede or act , affirme , hold , stand with , set forth , and maintaine any other authority , preheminence , power , or iurisdiction in matters Ecclesiasticall or Spirituall ; then the person so offending , his abettors , ayders , promovers , and counsellers , shall for the first offence , forfeyte their goods and Leases , and suffer imprisonment for one yeare ; for the second offence , incurre the paines and forfeitures set downe by the Statutes of Provision and Praemunire , whereby the offender is put out of the Kings protection , imprisoned during his life , and his goods and lands forfeited : For the third offence , the offender is punishable , as in case of high Treason .

Then by consequence , if any of the Catholique Laytie take or procure a dispensation for mariage within the eight degree , or any other licence or dispensation from any authorised by the See of Rome , is a principall offender , and if he heares the Masse or Sermon of any deriving power from thence , and keep him in his house , hee is punishable as an ayder and abetter within the words of the Statute , he knwing that whereof he cannot be ignorant by the rules of his profession .

See the Irish Statut of 28. Hen . 8. c . 2. pag . 90. 91. where mariages contracted within the degrees prohibited by the Leviticall Law , are declared indispensable and invalid , and the issue of such mariages illegitimate which is to follow Iudaisme , and renounce Christianisme , and to hazard the estate of many Catholiques , under pretext of bastardie .

20. Bolton in his Iustice of Peace , Pag . 22. doth register among the Articles to be enquired of by the grand-Iury , as an offence the hearing of Masse : for the first offence ( for hearing Masse ) the Catholique is to be finded a hundred markes ; for the second foure hundred markes ; for the third the forfeiture of goods and perpetuall imprisonment . Item the purchasing of any provision , Bull , Pag . 9. or other processe from the Court of Rome : the obeying of any such processe procured from Rome : the prosecuting of any cause in any Ecclesiasticall Court , which originally belongeth to the Kings temporall Court , is punished by the Statut of PRAEMVNIRE and forfeiture of lands , goods , and chattells , and perpetuall imprisonment . Item , Pag . 16. depraving the Booke of Common prayer by word or by writing , or using any other Common prayer , or administration of Sacraments , than is prescribed in that booke , punishable for the first offence the profits of all the offendors , Spirituall promotions , and six moneths imprisonment ; for the second offence , deprivation , and a yeares imprisonment ; for the third time , imprisonment during life , and deprivation in spirituall persons , &c. See much more in the same Articles to be inquired of by the grand-Iury , Pag . 3. wherein also it is declared a crime of high treason to take the name of O neale , or any thing by colour of that name or dignitie . Yet we hope by their loyall service to His Majestie in these warres of Ireland , that name will prove more faithfull to the Crowne of England , then all the Parliamentary Round-heads in the three kingdomes .

21. The wearing of Irish apparell and not using the English , Pag . 18. habit and language is there also laid downe as a hainous offence inquirable by the grand-Iury : the punishment for every Lord Spirituall and temporall wearing Irish apparell , or speaking Irish is 6. l. 13. s . 4. d . for every Knight and Esquire 40. s . for every gentleman or marchant 20. s . for every freeholder and yeoman 10. s . for every husband-man 6. s . 8. d . and for all others 3. s . 4. d . The Author of that Iustice of Peace hath been heard to have uttered in the Assizes held at Kilmainam not long before these distempers , these words sirting at the bench : I hope to see the day , and that ere long , that there shall be loft no man in Ireland that shall speake Irish : farre be it from any Irish Catholique to render Legem Talionis , to wit , by wishing to see that day , that no man should be in Ireland that spoke English or weare English apparell . How ever the heresie lately spread in England hath sowed the seed of division betweene both nations , yet shall that tradition of antiquitie be ever verified in the Catholique Irish : Gens innocua & amicissima Anglorum . Bed . hist . Anglic . & alij hist . Ang. Vt vincant in bono malum .

20. What was wanting of crueltie in the Penall Lawes established in Ireland for punishing of Catholiques , hath beene supplyed by unwarrantable ACTS OF STATE and severe EDICTS set forth by the ministers of iniquitie in Ireland against the distressed Irish Catholiques . And wee have seene ( so have thousands moe ) venerable Priests brought into the Castle-Chrmber of Dublin , and there deepely censured for exercising of their function , in the Conversion of soules unto the faith of Christ ; others brought into the Kings Bench for marying a couple , betweene whom there was no Canonicall impediment : others brought into the High-Commission Court , for other imaginarie offences , where the rule of law was no other , than the arbitrarie exorbitant power of two dissolute Ministers . much more I here omit , reserving the same for its proper place . I conclude this Article ( wherein I have spent more time , than I expected ) which the sweet saying of the Doctor of Nations . Heb . 10.32.33 . Call to minde ( my beloved Countreymen ) the old dayes ; wherein being illuminated , you sustained a great Conflict of passions : and on the one part , certes by reproches and tribulations made a spectacle : and on the other part , &c. you tooke with ioy the spoile of your owne goods , knowing that you have a better and a permanent substance : and know : manet alta mente repostum ; if your Enemies once againe fetter you in the shacles of servitude , they will ( like the Aegyptians ) multiply your labours , and aggravat your punishments . Be not slaves ; you were borne a free Nation . Looke not backe with the Israelits on the flesh-pots of Aegipt , least you pertake of their punishment . That these forementioned penalties have been DEFACTO inflicted on yee ; the racks and prisons can witnesse ; but whether they ought to be DE IVRE by vertue of the Statut of 2. Elizab . shall be elsewhere questioned : That our adversaries resolve to put in execution against you the like penalties hereafter , if ever they have power , is evident by the Marques his falling backe in this Peace from those very Concessions , which he once granted in publike assembly , whereof above number . 8. And out of our observations on this Article onely , the Impartiall Reader may give sentence , whether the foresaid peace be not destructive to the Catholique faith , disadvantagious to His Majestie , pernicious to His Catholique subiects , and favourable to Heretiques , as in the frontispice of this Survey we avouched ?

§. 6. Observations upon the second Article of the Peace .

1. IN our second Proposition wee humbly prayed that His Majestie would be pleased to call a free Parliament , &c. and Poynings Act suspended during that Parliament , The suspension of Poynigs Act Law granted by the King , denied by the subject . for the speedie settlement of the present affaires , and the repeale thereof to be there further considered of . His Majestie by His letters of the 27. of February above mentioned condescendeth in particular to the suspension of Poynings Act , and by his answer to this our second proposition is pleased that a free Parliament be called upon without giving to His Lieutenant or other chiefe governour a boundlesse libertie to present to the same Parliament such other things , as he shall thinke fit to propound over and above the points and Articles by the present Peace concluded . In opposition ( as it should seeme ) to those Princely favours it is concluded in this Article , that all matters agreed on by these present Articles to be passed in Parliament , shall be transmitted into England , according the usuall forme to be passed in the said Parliament . And that the said ACTS TO BE agreed on , and so TO BE passed shall receive no alteration or diminution here or in England . In which sentence two things are included ; MATTERS already agreed on , by these Articles ; and ACTS not yet , but TO BE agreed on . The later onely are to be passed in Parliament without alteration or diminution : And what they shall be , which shall be agreed on , no man knowes , unlesse we conjecture them to be such Articles , as the chiefe governor shall at his owne liberty propound . The former , to wit , matters alreadie agreed on by these Articles of Peace , as they are to be transmitted into England , so are they subject to alteration and diminution . What then will this specious Peace availe us ? In the later part it is said , the said Acts to be agreed on , and yet in that article he speaketh not of Acts before , which renders that sentence nugatorie and illusorie . Psal . 11.3 . In corde & corde locuti sunt .

2. It s provided , that nothing shall bee concluded in Parliament prejudiciall to the Protestant or Catholique partie , or their adherents ; other then such things , as upon this treatie SHALL BE concluded to be done . How then shall the Confederate Catholiques obtaine the benefit of Glamorgans Concessions , or of any other graces or further concessions , ( whereunto the Catholiques are referred ) seeing they are not concluded upon in this Treatie ? Here the Catholique Confederats mouthes are shut up , and their hands are bound up ; but the Lieutenant or other chiefe Governor , is left to his libertie , to propound to either or both houses during the said Parliament what he shall thinke fit , for the advancement of His Maiesties service , and the Peace of the Kingdome , which clause is to admit no construction which may trench upon these Articles or any of them . What then shall become of our Commissioners desperate construction , trenching upon these Articles , by intrusion of Glamorgans Articles contrarie to the expresse resolution of the Lord Lieutenant ? And if the Lord Lieutenant , according to the power given him by the second article will propound to the Parliament , that Glamorgans Articles , nor any other Concessions , not here expressely and actually agreed upon , shall ever be admitted : how will our zealous Commissioners get off ?

3. Wheresore by this second Article of the Peace two insupportable injuries have been offered unto the Parliaments of this kingdome , and vnto the liberties of the whole nation : the one is , the not repealing , or ( at least ) suspension of Poynings act ; the other is , the giving of such exorbitant power unto any Chiefe Governour , ( a subject ) to propound , and in propounding to conclude by Parliament what Act he thinke sit to propound , so as it carry any shew of advancement of His Majesties service , or Peace of the kingdome . 10. Hen . 7. c . 4. pag . 55.56 . Irish Statuts . The substance of Poynings Act is , that no Parliament be held in Ireland , but at such season , as the Kings Lieutenant and Conunsaile there first doe certifie the king under the great Seale of that land the causes and Considerations , and all such Acts as them seemeth should passe in the same Parliament , and such causes , considerations and Acts affirmed by the king and His Counsaile to be good & expedient for that land , and His licence thereupon , as well in affirmation of the said Causes and Acts , as to summon the said Parliament under His great Seale of England had and obtained ; that done a Parliament to be had and holden after the forme and effect afore rehearsed , &c. By this Act every meane judgment may observe , that there is neither libertie , power or authoritie left in any the Parliaments of Ireland : not libertie , because they can treate of nothing , but what is determined and limitted unto them by the Kings Lieutenant and Councell in Ireland , and by the King himselfe and his Councell in England : not power or authoritie ; because , in very deed , it s not our Parliament , but our King himselfe , his Lieutenant , and both the Councells , which conclude ( as they determine ) all Acts past in that Parliament . So as our Parliaments , while this Act hath force , have onely the name and title of a Parliament , but in effect is no true Parliament ; and the Acts so past in that Parliament , may be rather called Acts of State of the privie Councell of England and Ireland , than Acts of Parliament of the whole kingdome of Ireland .

4. Why Poynings act at first past . The reason wherefore Ireland yeelded unto this Act in the dayes of Henry the seventh , was ( as I am informed by the learned in the lawes of this kingdome ) that some Chiefe Governors here ruling for our Kings , assumed unto themselves too great power , and endevoured to passe in Parliament Acts conducing to their owne ends and interests , but burdensome to the whole kingdome ; which caused the subject to shroud himselfe under the wings of his Prince , who might moderate the excesses of such chiefe Governors . Now by this second Article of Peace , that exorbitancie of chiefe Governors , which the kingdome , then endevoured to prevent by condescending to Poynings act , is not onely countenanced , but by article in the whole kingdomes name established , and withall Poynings act ( which in these dayes of heresie is a more heavy grievance , than the other ) is continued in its full force and vigour : Ormond ( as chiefe Governour is licenced ( yea , in a manner authorized ) to propound and conclude what he please in our Parliament ; & Poynings act observed ; because what Bills must passe in Parliament must be transmitted into England , according the usuall forme . This maketh strongly for the justification of the Clergies decree of perjurie against such , as herein violated that branch of the oath of Association obliging them to maintaine & defend the priviledges , & iust rights of the Parliaments of Ireland .

5. Our learned Lawyers ( I meane such , as elaborated this Peace ) tell us , it was alwayes doubted , whether the repeale of Poynings Act would prove profitable or prejudiciall to the Couuntrey . And wee tell them , it s one thing to speake of the repeale of Poynings act , and another thing to speake of the suspension thereof for the present time : the first was absolutely demanded by us in our declaration set forth in the yeare 1642. the later absolutely demanded , as well in our grievances presented to His Majestie 17. March , 1642. as in our second proposition , where the whole kingdome declared that the present suspension of Poynings act conduced to the speedy settlement of the affaires of the kingdome . I could wish our Committees did herein follow their Commission ; Rom. 12.3 . and not to be more wise then behoveth , but to be wise to sobrietie : Our forefathers ( 28. Hen . 8. c . 4. and 11. Elizabethae ) held the suspension of Poynings act very necessarie and profitable to the kingdome : I know not of any infused science our Committees have had in this particular , more than the whole kingdome then and now . Our Soveraigne held it a grace and favour to grant it us , and we to receive it from him . Our Committee to comply with one subject , reject the Kings graces , and transgresse the commission given them by the whole kingdome . Multum erigimini filij Levi . It is thought , Numb . 16 , 7 , they ( by vertue of the Kings letter 27. February 1644. whereby he granted the suspension of Poynings act ) might passe an act in the present dismembred Parliament at Dublin , that in the future Parliament , Poynings act should be suspended ; and so the delay prevented , which our Committee pretend they feared .

6. Is there any man , that desires the securitie of the Catholique Religion , and libertie of his Countrey , that will not confidently affirme , that the absolute repeale of that act in these times of heresie is most necessarie , aswell for the Catholiques of Ireland , as for the whole kingdome ? Put the case , wee were now ( as indeed we are , and ought to be ) of a resolution to establish and secure the Catholique faith against those enraging Wolves who endeavour to abolish both Religion and Soveraignty ; is it possible that wee shall be ever able to compasse the same , while Poynings act hath force or vigour ; when as by that act , wee must first have the consent of the Lieutenant and Councell of Ireland ( who have sworne to destroy the Catholique Religion ) and after the consent of the King and Councell in England ( who endeavour to maintaine the Protestant profession ) before any thing can be enacted or established by Act of Parliament in this kingdome , for establishing or securing the same Catholique Religion . Whereas if Poynings act were repealed , and a free Parliament , sutable to the nature of true Parliaments , and liberties of a free Nation , were granted unto us ; we should not only be enabled to passe Acts in the name of the whole kingdome to secure our Religion , but also to assist our Soveraigne , and to curb the insolencie of those rebellious subjects , who labour to destroy both .

7. I have ever admired how the acts of 2. Eliz . How the penall lawes past in Ireland . 2. Eliz . Histor . Cathol . Hiber . to . 4. l. 2. pag . 251. and the penall lawes against the Catholique Religion could passe in Parliament in this Catholique kingdome , where there were then ten Catholiques for one Heretique . By conference with a learned Lawyer ( one well seene in these affayres ) and by reading some histories , I found indeed that such acts past in Ireland by faction , fraud , and violence . 2. Elizabethae , the Parliament in Dublin on May-eve , was proroged untill the next day after May-day , and accordingly the members of the Parliament advertised not to appeare untill then ; interim the Heretique partie ( though few in number , but powerfull by the Deputie , who was of their Sect and faction ) privately Summon all such , as by faction , fraude , or delusorie promise , they could draw on their side , to appeare on May-day in the morning at the Parliament-house , they corrupt the Speaker , who was Mr. Stanihurst of Corduffe , then Recorder of Dublin ; and prepare the bills for the establishing of those penall lawes ; which being three times read , they thought to passe as an act of Parliament . The Catholique and uncorrupt members having notice thereof throng in all hast to the Parliament : among them Sir Edmund Butler drawing his sword questioned with zeale and magnanimitie such sinister and damnable practises ; and so great tumults were raised , as the Deputie himselfe was forced to interpose his authoritie , which could little availe , had he not solemnely & publiquely sworne , BY THE CROWNE OF ENGLAND , that no such acts should ever passe , or be admitted as an act of Parliament in this kingdome : and accordingly , during the following yeares of the raigne of Elizabeth , ( which were upwards of fortie two yeares ) and untill the tenth yeare of king Iames , these supposed penall lawes lay dormant , and were never put in execution , which by the Law of prescription , was a sufficient nullitie and antiquation of such Acts , if before ( by hooke or crooke , fraud or violence ) they were of any force or effect . By that time those witnesses and members of the Parliament , who were present at these treacherous proceedings being dead , the Persecutors of Catholique Religion make use of those illegall , lawlesse lawes , and endeavour to put them in execution . The kingdome by their Agents in England informe His Majestie of such corrupt proceedings , and when the king urged them to receive for a law , those Acts of Queene Elizabeth , Sir Christopher Nugent knight , one of our Agents , told His Majestie , that though such lawes past in England , yet they never past in Ireland , but in the fraudulent manner above mentioned . Neither did the Queene herselfe ever urge the same upon the Irish . Hist . Cathol . supra . The Pseudo-Bishop of Cauterbury , the Chancellour and Cooke presse the Committall of our Agent ; and that was all the redresse the kingdome of Ireland then had , for this notorious injurie . Whereby the Reader may observe , what little neede the Catholiques of Ireland had to demand , and what lesse reason their Adversaries had to deny , a repeale of such penall lawes , as in themselves were indeed no true lawes , but forged , surreptitious Placits of Heretique Subjects ; whose impudence is raised to that height , that as then they suppressed the Subject , so now they suppresse their Soveraigne . And as then some Catholiques were drawne by affection , hope of promotion , and other by-wayes , to consent to lawes against themselves and their Religion ; So now have some Catholiques beene drawne to consent to this wicked peace . Luc . 16. ● . Filij huius seculi prudentiores filijs lucis in generatione suâ sunt . Much more I reserve for other places .

§. 7. Observations on the third Article .

8. WE demanded in our third proposition , that all acts and ordinances made in the now pretended Parliament in Dublin , since the seaventh of August , 1641. should be cleerely annulled ; because the power thereof was determined upon the death of Deputie Wansford . Answer is returned , that all acts made by that Parliament to the blemish , dishonour , or preiudice of the Catholiques should be vacated . This answer is not satisfactorie ; for if in very deed it appeare , that that Parliament was no true Parliament , and that they proceeded without lawfull power , why should such an exorbitant crime escape scotfree . In this dismembred Parliament , there sate not a dozen , that were natives of the kingdome : by what justice then should such a conventicle be called be called , the Parliament of Ireland , and be thought to have power to give lawes to a whole kingdome ? It consisted of a small number ( not so many as pettie corporat Townes are wont to have in their assemblies ) and those forrenners , the dregs of the vulgar , illegally returned , when the Peeres of the Realme , the Gentrie and Commons absented themselves by occasion of these present distempers . This imaginarie Parliament ( by what power , who knowes ) quit & dismissed , many of principall Iudges of the crime of high treason , wherewith they were impeached by the whole kingdome of Ireland in a full and lawfull Parliament , without ever bringing them to their triall ; a prerogative a Prince doth seldome assume to himselfe . It declared also by a speciall ordinance of both houses against the law of the land , and the practise of Parliaments , that all Catholiques should be excluded from being members of Parliaments ; whereas by the ancient fundamentall lawes of the kingdome they themselves ( as the Confessed Generation of the * 2. Hen . 5.7 . Parliam . 1.5 . R. 2. c . 1. stat . vet . Lollard heretiques ) are so farre from being capable to be members of any Parliament , as they are incapable of any office , power , or jurisdiction . In sentencing the distressed Catholiques in Dublin , and elsewhere in polling , Inimici cessing and pressing them , it hath been impious and unjust . nostri sunt iudices . Deut . 32.31 .

§. 8. Observations on the third and fourth Article .

9. BY the third Article , all acts , ordinances and orders made by both or either houses of Parliament ( in Dublin ) to the blemish , dishonour or preiudice of the Catholiques , since the seventh of August , 1641. SHALL BE VACATED , and that the same , and all exemplifications , and other acts , which may continue the memorie of them be made void by Act of Parliament . Here the vacating and making void of such acts , &c. are de futuro ( they SHALL BE VACATED ) nothing immediately and upon perfection of these Articles . But by what Parliament SHALL such Acts be vacated ? By the next Parliament , whereof the Confederate Catholiques are to be members , it may not be ; because among those Acts to be vacated ; there is one act of both houses hindring all Catholiques to sit in Parliament ; before then they be capable to sit in that Parliament that impediment must be taken away ; by both or either houses of Parliament in Dublin it may not also be ; because no act of theirs to be esteemed an Act of Parliament without the assent Royall , which they have not , and by this third Article nothing can make void or vacat such acts , but an act of Parliament . Neither may it satisfie the Confederats that all such acts SHALL BE vacated and made void ; for though that were done , yet the Records ( though ever so unwarrantable ) remaining still in the publique archives , the memorie of such blemishes , dishonor and preiudice must also remaine in future ages . What other remedy is there left to take away , even the memorie of such blemishes , & c ? If our Lawyers can finde us out no better , let all the foresaid acts , ordinances , and orders be taken from the file , and , Iosue . 7.25 . as Achans anathema , consumed by fire . Others would adde , that the execution should be done ( in poenam delicti ) by the hands of the publique Bourreau or Hang-man : more num . 10.

10. By the fourth article , His Majestie was pleased to vacate all indictments , attainders , outlawries , &c. all Patents , grants , leases , Custodiums , Recognizances , &c. all offices and Inquisitions taken against the Catholiques since the foresaid seventh day of August , 1641. and at furthest before the first day of October , 1646. The first and last day of October is over , and yet we heare not , that any part of this article is performed : they should not be forgetfull , at least , of those that were Authors of , and Adherers to the Peace , especially of those Noble personages , who are here in restraint for their cause , who have greater reason to feare the indictments made against them in Dublin , and the inquisitions taken on their lands , than to feare the friendly chastisement of their fellow Confederats . Yet the sole vacating of such indictments would not satisfie the Confederate Catholiques , unlesse they were taken from the file , and consumed also by fire , as an Anathema ; and that the rather , for that the Authors , Contrivers , and Promoters of such Indictements , Inquisitions , &c. were knowne Parliamentaries , who notwithstanding their infamous revolt from the King , presumed to make use of the Kings Name in indicting His faithfull subjects , and taking offices on their lands , not for His Majesties use , but for the Parliaments use , who by a presumption sutable to their rebellion made sale of their fellow-subjects lands unto London undertakers , to wage warre against their Soveraigne . I here resolved to give a fraternall reprehension unto the Confederate Catholiques , because they neglected ( after establishing all sorts of Courts within their Quarters ) to indicte all those Parliamentarie Rebells of Dublin , Yoghell , and other places of Ireland , and to take offices on their lands for His Majesties advantage , seing the Catholiques had more power to draw such indictements and take such offices against the Parliamentaries , than the Parliamentaries had to make indictements or take offices against them , but that an honest Lawyer assured me that our Iudges of assise had carefully made up a catalogue of the names of those Parliamentaries , & were ready to indict them in His Majesties behalfe , had not our late Supreme Councell given impediment thereunto . Mich . 7.6 . Inimici hominis domestici eius . I passe by the fift and sixt article , leaving to our Lawyers to enforme the estated Gentlemen of the Counteis of Kilkenny and Wicklow , why they are not secured of their lands , as well as those of Connaght , Thomond , Tipperarie , &c.

§. 9. Observations on the seaventh Article .

11. WE demanded in our seventh Proposition , that all marks of Incapacities imposed upon the Natives to purchase or acquire lands , leases , offices or hereditaments be taken away by act of Parliament , &c. This we urged , because in all or most Letters-Patents granted of plantation-lands , and some other lands , certaine clauses were inserted , that no land should be sold or past to any of the meere Irish , or of the Irish Nation , &c. To redresse this unnaturall grievance grounded in hatred towards this Nation nothing by this article is particularly or solidly granted , onely It is agreed that all Incapacities ( generally ) imposed upon the Natives ( as Natives ) by any act of Parliament , Provisoes in Patents or otherwise , be taken away by act to be passed in the said Parliament . What Parliament is here understood , when the article saith ( to be passed in the said Parliament ) no man can tell ; seeing in the article there is no mention made of any other Parliament , but of the Parliament , which laid Incapacities upon us , by which Parliament ( being long since past ) it s impossible the same incapacities be taken away . But such delusorie locutions and destructive particles are too frequent in these confused articles Yet if by ( the said Parliament ) you would understand the future Parliament ; all power in that Parliament to take away Incapacities is hindred by our own consent , who have referred unto His Majesties future favour ( and not to any Parliament ) the taking away of such Incapacities , as is observed on the second Branch of the first article . The reduplicative particle ( as Natives ) is subject to a maligne interpretation , to wit , that the Irish ( as Natives ) not ( as Catholiques ) are exempted from all Incapacities , which ( may seeme ) to have been purposely added , least it should crosse the first Proviso of the first article , wherein Ecclesiastiques are not exempted from Incapacities .

12. For the same cause also in the licence granted to Catholiques by this article to erect Vniversities , they add this clause , that such universities be governed by such rules and orders , as His Maiestie shall appoint ; which wee must expect to be no other , than those expressed above out of the Statut of 28. H. 8.13 debarring all Catholique Churche-men to be promoted to benefices , particularly to the Chancellourship , or other dignities or degrees in univerfities , unlesse they take the oath of Supremacie ; so as all the fruit of our labour and expence in erecting Vniversities ( on such conditions ) would be reaped by the Protestant or Puritan , who alone would be both Superiours and Schollers in such universities , because they alone would swallow the oath of Supremacie . An example hereof we have already in Trinitie Colledge in Dublin , anciently called the abbay of all-hallowes or all-Saints , the chiefest meanes for erecting of which Colledge was contributed by the Catholiques , in so much as the site , ambit , and lands thereof ( which anciently belonged unto the Canon-Regulars of Augustins order ) was bestowed for that use by the Citizens of Dublin , whose children notwithstanding cannot be there admitted , unlesse first they become heretiques ; which course they take with all the Natives of the kingdome . And in lieu of entertaining Natives in the same Colledge they entertaine forrens , be they of what profession soever , even Iewes , so they be not Catholiques : Congregatio taurorum in vaccis populorum , Psal . 67. ●● . ut excludant eos qui probati sunt argento . Whole droves of the wiving Ministerie flocke thether from other Countreyes to increase and mulriply . Whence it appeareth that the licence given by this article to the Catholiques to erect free-Schooles is to little purpose , seeing the Schollers may not be advanced in learning or admitted to take degrees without the oath of Supremacie : neither doth this article take away the Statut of 12. Eliz . c . 1. interdicting any Schoole-master to teach in free-schooles , but English-men or of the English birth ; which may be stowed among the rest of the Irish grievances .

§. 10. Observations on the eight Article .

13. WE demanded in our eight proposition , that the offices and places of Command , honour , profit , and trust be conferred on Roman Catholique Natives . This demand we propounded more distinctly in our declaration printed in France 1642. thus ; that all preferments , Ecclesiasticall , Civill and Martiall , should be conferred on the Natives , without distinction for Religion , &c. the same wee iterated in our Remonstrance to his Majestie , complaining , that since the second yeare of Queene Elizabeth we were made incapable of all places of honour or trust in Church or Commonwealth &c. Our younger Brethren put by all manner of imployments in their Native Countrey , and necessitated to live in ignorance or contempt at home , or to their great discomfort , and impoverishment of the land ) to seeke education and fortune abroad . These and many such , were the lamentable grones of the distressed Irish Catholiques , occasioned by those wretched , illegall Statuts above mentioned . By plantations they have been cast out of their lands and livings ; and least they should multiply in their owne Countrey , they are not suffered to be Cottiers on that very land , Exod . 1.10 . whereof they themselves were chiefe Lords . Come let us wisely oppresse them , least perhaps they multiply , say the Pharaos of these times .

13. By this article of Peace , all places of Command , honour , profit , and trust in His Maiesties Armies SHALL BE upon perfection of the Articles actually conferred upon the Catholiques . But the places of honour , &c. in the Civill Government SHALL BE conferred on Catholiques upon passing of the bills in these articles mentioned , in the next Parliament . Against this we say first , that the articles were perfected , and possession given to the * Kilkenny &c. when the Marques was called by them out of Dublin . enemie , of the chiefe Cities belonging to the Confederate Catholiques by the late Councell , contrarie to the trust imposed in them by the kingdome , and yet no such places as yet given to the Catholiques in the Kings ARMIES . Secondly , that as the places in ARMIFS were to be conferred on Catholiques immediately after perfecting of these Articles ; so also were places in the CIVILL Government , if it pleased the Marques to stand to his owne Concessions read in publique assembly in August 1645. Peccatum peccavit Ierusalem , Thren . 1.8 . propterea instabilis est . Thirdly , when this Parliament shall be , it is not possible for any man to know ( say those very Agents , that were sent to Waterford , to treate with the Congregation in the behalfe of the Councell and Committee ) for ( say they ) in the Condition the King is now in , and while he is in the power of the Scots and Parliament of England , they will never permit the sending of a Commission for the settlement of a Parliament , but Contrariwise , they will procure the Kings letters and declarations against any pacification . Doth it not evidently follow by this very reasonalledged by the Contrivers of this peace , that as it is not possible to know , when this Parliament shall be ; So is it not also possible to know , when the Catholiques shall be exempted from the oath of Supremacie , when they shall be installed in places of the Civill Government ; when they shall be freed from all other Incapacities , which hetherto slav'd the Catholique Natives of Ireland . Interim our intrusted Committees have already ( as much as in them lay ) delivered unto the enemie , the present possession of our Cities , Forts , and Garisons , together with the Command of all our armies by Sea and Land . Psal . 13.1 , Corrupti sunt , & abominabiles facti sunt in studijs suis . See observat . on the 25. art .

14. Had our Enemies men , meate , moneyes or ammunition , they would no more promise to conferre upon the Catholiques immediatly , upon perfection of these Articles places in the militarie Government , than they promised to conferre upon them immediatly places in the Ecclesiasticall or Civill Government . Yet to prevent the multitude of Catholique Commanders in the Kings Armies ( if we may so tearme them ) it hath pleased the Marques of Ormond in the Catalogue of such Commanders , as he hath selected to give two or three places of great Command unto one Protestant or Round-head , least there should be vacant places left for Catholique Commanders , in so much as no place was left in the Marques his list for our Catholique Chiefe Commanders , PRESTON , and O NEALE , whose fame is renowned in Europe for their prowesse , and Martiall experience . Foure or five Catholiques onely are named in that Catalogue , who are knowne to have beene ( during these Commotions ) Neutralls or Factionists , or men that little affected the Catholique cause . None advanced that either affected or spilt his blood for the cause , or was not of the faction . And those Noble Catholiques , that are advanced together with the Catholique Irish Souldiers may expect to be discarded , as soone as supplies come from England ; of which kinde of practise wee had good experience in Dublin , Drogheda , Corke , and other places , where ( in the beginning of these warres ) the Catholiques were armed and made Commanders in the Kings Armies : but as soone as succours came from England from the Parliament Partie , they were presently disbanded , and recompenced , either with imprisonment and impeachment of High-Treason ; or robbed and pillaged of their goods and sent into exile .

15. The Marques of Ormond did once grant unto us in His Majesties Name in the Assembly held in August , 1645. That there should be 4000. foote , and 60. horse of his Roman Catholique Subiects upon the perfection of the Articles of Peace added to His Maiesties Army , whereby there may be such equallity as is desired , and this and all other things that shal be agreed upon in the conclusion of this treatie shall be inserted in the Articles of Pacification . This Concession ( though publiquely read in assembly ) is either recalled by the Marques of Ormond , or neglected by our Committee , being not inserted in the Articles of Peace , according to the Marques his agreement . Were it observed ( according His Majesties Concessions ) it would not be in the Marques is power to make such a choice of Heretique Commanders , to conduct His Majesties Armyes , as in this Catalogue he hath inlisted . Then had their place been left for Preston , & O Neale , Sir Phelim O Neale , Lieutenant Generall Byrne , renowned Mac Thomas , and such like brave Commanders of the Confederate Catholiques . That heretiques should be in equall ballance in governing such Forts , Cities , Townes , Castles , and Garrisons , as the Confederate Catholiques have gained by their labours , meanes , armes , and blood , is notable injustice : for if the reward in such distributions be proportioned to the merit ; Surely there will be no place left for heretiques to governe or possesse such forts , Cities , &c. as the Catholiques recovered , seeing they herein had no part or portion of any merit : and if I may speake the truth , according the allegiance I owe to truth , it s neither secure to Religion , King , or Countrey , that such Proselyts possesse or governe our Forts , Cityes &c. whose daily revolt in England , and universall desection in Ireland in the progresse of this warre giveth a well-grounded argument of their disloyaltie . Were not all the Protestants in Ireland , zealous Marshialists for the King at the beginning of these warres ? How many are there now left , that sticke unto him ? hath not their PRIMVM MOBILE at length unmasked himselfe , and discovered the face of an odious Round-head ? Non est qui faciat bonum non est usque ad unum . The same ratiocination I use against the unequall distribution of places in the Kings Armies . Is it equalitie thinke you , that English , Scottish , Walsh , Dutch , or other heretiques , who bring with them , neither meate , men , money , or ammunition should have as many , and as great places in the armyes , as the Irish Catholiques , who appeare in field with all these accoutrements ? I passe by the danger of their turning faces about in the open field , whensoever occasion shall present it selfe . Seeing the Protestants pretend that the Parliament , which now hath actually continued in Dublin these five yeares past , and still doth continue there ( as is said ) is a lawfull Parliament , why did not the Marques of Ormond and our Committee of Treatie cause all these Incapacities to be taken away from His Majesties Catholique Subjects immediatly by that Parliament ; and ( if neede be ) make use of the suspension of Poynings act to that purpose ? All , that by the Articles are granted unto the Catholiques are as uncertaine , as the future Parliament is uncertaine , and seeing His Majestie himselfe hath by His Letters of the eleventh of Iune 1646. ( which the Parliament and Scot , hath seconded by their decrees ) alreadie commanded the Marques not to proceede in treatie with the Irish Catholiques , what hopes are there that ever he will give commission for a new Parliament contrarie to the same commands ? so as the Catholiques are never like to be exempted , either from oath of Supremancy , or from any other incapacitie , which hetherto hath hindred them to be promoved to places of command , honour , trust , and profit in either Ecclesiasticall , Civill , or Martiall , government . The very same wee say of all the indictements , attainders , inquisitions , offices , &c. taken against the Catholiques , of all the acts and decrees made by the Parliament of Dublin against them since these tumults ; of all tho Statuts , Patents , Acts of State , and other lawes interdicting them to purchase by lease or otherwise , lands , rents , mortgages , &c. how then shall the Confederate Catholiques be enabled to fit and vote in the next Parliament , in case it should ever happen ? How may they secure their lives , living , and posteritie ? we expected our Supreme Councell would never devest themselves of that great power given them by the kingdome , unlesse they were presently upon perfection of those articles installed unto the dignitie of Privie Counsellours ( at least ) in Dublin . To be of the Supreme Councell for the advance of the Catholique Religion , was an honour renowned throughout all Europe , but to be qualified with a ministeriall office of Tolgatherers , in taxing , levying and gathering moneyes for the support of heretiques , is infamous among all Christian Catholiques .

10. By this eight article , All His Maiesties Subiects as Well Catholiques , as others shall for His Maiesties service and their owne securitie arme themselves the best they may , Wherein they shall have , all fitting encouragement . The execution of this encouragement we have not yet seene put in practise . Heretiques who are knowne to joyne with the Parliament against the king , are armed in Dublin and provided with all sort of ammunition . Catholiques who are knowne to joyne with the king against the Parliament are disarmed and pillaged of all their armes and ammunition , if any they had 't is but an imitation of the old tyrannie of the Philistims who were so violent in depriving the Israelits of all armes , 1. Reg . 13. 4. Reg . 24. as they suffered them not to have shops or tooles of their own to edge their plow-shares . Encouragement is here given , but no decree for cancelling the lawes and Statuts enacted against Catholiques for carrying or having armes or ammunion .

§. 11. Observations on the tenth Article .

17. NOble men not estated in Ireland are indeed ( by this tenth Article ) to purchase within five yeares meanes sutable to their dignitie , yet are they admitted members of all Parliaments that shall be during the intervall , which was neither mentioned nor admitted in the concessions granted at first by the Lord Marques himselfe . The king by His graces conferred on the kingdom in the fourth yeare of His Raigne , granted them , but five yeares time to purchase land from the date of those graces ; now well nigh eighteen yeares are past , and yet it pleased the Marques contrary to the said graces recorded in the Chancerie , and published through the whole kingdome , and contrary to his own Concessions , to adde unto those eighteen yeares ( without commission ) five more , namely five yeares from the conclusion of these articles . These unestated Lords , together with the Pseudo-Bishops and all rebellious Parliamentary Nobilitie , Gentrie , and Commons in this Countrey , that hitherto sided with the Parliament and resolve to come in upon this Peace ( as they are invited articles 15.25 . &c. ) will swarme to the next Parliament , there to make their factions strong & outvote the Catholiques . By this , as also by the neglect of the suspension of Poynings Act , it may be doubted whether our Committee have well discharged that part of the oath of association , which binds them to maintaine the rights and priviledges of the Parliaments of Ireland . How carelesse soever our Committee have been herein , wee hope never to see that day that any Heretique Bishop shall ever sit in Parliament to give law , or prescribe a rule unto the Catholiques of Ireland , how and what faith or Religion they shall professe .

§. 12. Observations on the eleventh Article .

18. THe Catholique Confederats demanded in their eleventh Proposition , that an Act should be passed in the next Parliament declaratorie that the Parliament of Ireland is a free Parliament of it selfe independant of and not subordinate to the Parliament of England . And that the Subiects of Ireland are immediatly subiect to His Maiestie , as in right of His Crowne , &c. Hereunto His Majestie at first graciously answered , that he thought fit , that proposition should be referred to the free debate and expostulation of the two Parliaments of England and Ireland . The Catholique Confederats urged further that the independency of the Parliament of Ireland of the Parliament of England was so cleere and manifest by Law , Iustice , usage and necessitie , that they humbly desired that it might not be driven to dispute , &c. Wherefore a DECLARATION herein and an Act of Parliament , was by the Catholiques desired . In this eleventh Article of Peace His Majestie is pleased to agree , that he Will leave both houses of Parlia ment in this kingdome to make such a DECLARATION therein , as shall be agreeable to the Lawes of the kingdome of Ireland .

19. Why it s here said His Majestie WILL LEAVE , and not ( DOTH LEAVE ) I conceive not ; unlesse it be to discover the wyles of the penners of this Article , who would drive the Confederate Catholiques to a new supplication , and His Majestie to a new answer , that he DOTH ex nunc LEAVE this matter to both houses of Parliament in Ireland . I observe , that the Catholique Confederates here demanded not onely a DECLGRATION of both houses , but also an act of PARLIAMENT ; the former is ( after a manner ) promised in this Article ; the later past by and omitted . Our Lawyers assure me the one is little worth without the other ; for though both houses of Parliament did make a DECLARATION that the Parliament of Ireland was independant of the Parliament of England , yet was it still free to His Majestie to give or deny His assent Royall unto such a DECLARATION , without which it would never passe into an Act of Parliament , which alone could availe the Catholique Confederats in this kingdome . If the Authors of this peace did tender the securitie of the king , and good of this Nation , they ( foreseeing His Majesties disabilitie to helpe himselfe or us , by reason of his engagement with the Scots ) should not onely make use of the suspension of Poynings Act , according His Majesties direction , but also obtaine from him ( while was SVI IVRIS ) that gracious favour to intrust his Vice-Roy ( as heretofore hee intrusted other ) with His ASSENT ROYALL , to prevent a dangerous Circuit of transmitting Bills into England in these times and Circumstances , wherein he is so awed , as he may not with securitie , by himselfe give His ASSENT ROYALL to any act concluded by both houses in Ireland , that might conduce to the safetie of Religion or Subject ? This being done , the Catholiques of Ireland , having obtained redresse of their grievances , and securitie of their . Religion , might with more alacritie and courage by themselves , and their Allyes , forren Princes and Prelats , assist His-Majestie ; whereas now ( as the case standeth ) nothing can be effected in their behalfe , but what both Councells in England and Ireland , together with the Parliament of England , and the Scots , shall assent unto . And , as it is certaine , they will never assent unto any thing , that may availe the Catholiques ; so is it certaine they will never permit the King to assent to these 30. Articles , though all were concluded by both houses in the next Parliament to be held in Ireland

20. As no law established in England by Parliament or otherwise , had ever any force or power in Ireland , unlesse the same were established and enacted , as a law , by the same kingdome of Ireland ; so was rejected in Ireland , what law soever established in England , never obliged the subjects of Ireland . To prove this truth , wee need search no further at present , than the Statuts of Ireland alone , where the one and the other is cleere Iy expressed . 10. Hen . 7.22 . Pag . 6● it was ordained by the assent of the Lords Spirituall and Temporall and the Commons assembled in Parliament in Ireland , that all estatuts late made within the Realme of England concerning the commonweale of the same from thence-forth be deemed good and effactuall in law , and over that , be accepted , used , executed within the land of Ireland in all points ; And that every of them be authorized , proved and Confirmed in Ireland , &c. The marginall note in the same place shewes that many other Statuts of England were confirmed in this kingdome ; and all other Statuts , Which were of force in England , Were referred to be examined in the next Parliament , and so many as were then ALLOWED , and published , to stand likewise for lawes in this kingdome . Loe the first part , to wit , that no Statuts made in England had force in Ireland , unlesse they were not only accepted , but also AVTHORIZED , PROVED , ALLOWED and CONFIRMED by the kingdome of Ireland , evidently convinced by this passage . The second part , to wit , that what statuts of England were rejected in Ireland , never had force , or effect in Ireland , unlesse first in Ireland established , is likewise proved out of the same place , where we reade thus in the marginall note . 20. H. 4. it was enacted in this kingdome of Ireland , that the Statuts made in England should not be of force in this kingdome , unlesse they were allowed and published in this kingdome by Parliament , and the like statute was made againe in Ann. 29. H. 6. These Statuts ( saith the author that collected them ) are not to be found in the Rolls , nor any parliament Roll of that time , but I have seene the same exemplified under the great seale , and the exemplification remaineth in the Treasurie of the Citie of Waterford .

21. The Confederate Catholiques caused diligent search to be made in the foresaid Treasurie for the said Statuts , but they spent their labour in vaine . I believe they came to the hands of such CVSTODES ROTTVLORVM , as in the time of Sir William Fitz-Williams swep'd out of Berminghams-Tower whole wayne-loads of ancient Charters , Patents , Evidences , and other Records , which concern'd the ancient Inheritance and possessions of our Noblemen and Gentlemen , & cast them on a dunghill , whence being carefully gathered by mechanique servants of Dublin , they were turn'd afterward the into Taylers measures , Booke-binders ligatures , or such uncomely use . So as the furie of the warres abroad consumed by fire such evidences as remained in the Custodie of our Noblemen and Gentlemen for the assurances of their ancient Inheritance ; and the perfidie of Heretique Officers at home destroyed the Records of such Evidences ; and being thus deprived of their Evidences on both sides , a rode-way is made for a new Colony , by plantations , defective titles or otherwise . And we may justly suspect that the Pseudo-Bishop of Waterford had a fingar in conveying or imbezeling of those Statuts that remain'd in the Treasurie of Waterford ; for such Imps of impiety , who dared publiquely to rent and teare ( without commission ) Gentlemens ancient Evidences , would ( no doubt ) attempt in private the defacing or conveying of those Statuts , Impius cum in profundum venerit peccatorum contemnit . Proverb . 18.3 .

22. The Scots by their Commissioners in March , 1641. complained unto the Parliament of England of the like intrusion made by England , in Scotland , which the Parliament it selfe did by its Declaration , reprehend and forbid ; and the Scots themselves never did either then or now or before give unto the Parliament of England so much power in Scotland , as to make a petty Constable there . The reason by the Scots alleaged is by the Parliament of England approved : namely , that as England and Scotland are distinct and independant kingdomes ; so have they lawes , priviledges and immunities independant of one another . The Irish , who ( to continue the ancient amicable communication , which was still betweene them , and their Sister England ) entertained & established in Ireland the lawes & government of England , ought not ( for their affection ) to be reduced to greater dependency or subordination to the Parliament of England , than their daughter of Scotland , the one being as free a Nation as the other . But wee have well observed the Genius of heretiques in this kind : in Ireland , as they oppresse the Subject , so doe they suppresse the power and authoritie of the Parliament there : in England they so extoll the power of the hereticall Parliament there , as they goe beyond line and levell ; beyond the power of King or Keysar , even then , when the King himselfe is separated from them . Iudica illos Deus . More elsewhere .

§. 13. Observations on the twelfth and foureteenth Article .

23. IN our twelfth Proposition , Plantation matters not to be handled at the Councellboord . wee praid that the assumed power in the Councell-boord of determining all manner of causes , should be limitted to matters of state , and that all Patents estates and grants illegally and extraindicially avoyded there or elsewhere should be left in state as before , and the parties grieved , their heires or assignes , till legall Eviction . This we urged , as agreable to law and iustice , to the GREAT CHARTER and severall acts of Parliament . So much redresse is given us by this twelfth article of peace , as that great and weightie matter of Plantation , which is knowne to be a matter determinable by law , and not by the arbitrary power of the Councell-boord , is by this article made a matter of state , and determinable by the said Boord . Among which matters of state and weight the Patents of Plantation ( saith this Article ) and OFFICES , whereupon those grants are founded , are to be handled , as matters of state , and to be heard and determined by the Chiefe Governour and Councell . But titles betweene partie and partie , growne after these patents granted , are to be left to the ordinarie Course of law . Our Committees by condescending to this article have gone beyond their Commission expressed in our first Remonstrance anno 1642. wherein the kingdome desired , that all plantations made since 1610. might be avoided by Parliament , &c. and their possessions restored to them and their heires , from whom the same was taken . Insteed of avoiding such plantations , our Committees have given way , not onely that they should remaine , but also ( by consenting to this article ) have given that power unto the Councell-Table , which by law they never had , nor could have . It s an injustice insupportable , in a matter so generall , and of such high Concernement , as is the Subjects ancient possession and inheritance , to deprive him of his birth-right , that is to say , of the Common-law ; So as if offices taken upon , and Patents given of , his lands appeare to be defective , forged , erroneous , or surreptitious , hee is denyed all manner of redresse either by travers , reversement , or otherwise in any Court of Iudicature in the kingdome : at the Councell-boord , lesse redresse may be expected , as well because most of the Councell are both Iudges and parties , as having much plantation land in their possession ; as also because they have resolved to make it a matter of State , therfore ( be it right or be it wrong ) they shall never be righted . How farre this may agree with Magna Charta , ( which our Soveraignes have vowed to maintaine , I leave to the discussion of our learned Lawyers . No error or advantage shall serve to keepe the Irish subject in his possession : Pag . 33.77 . &c. the least error or advantage shall serve to cast him out of possession . See Mr. Darcyes learned Queres , and his irrefragable reply to the Iudges answer : Constituerunt habitatores , filios alienigenas in omnibus finibus eorum , & sorte distribuerunt terram eorum . 1. Machab . 3.36 .

24. The foureteenth article no way satisfieth our foureteenth proposition , wherein we prayed that no chiefe governor should be continued here longer than three yeares , and that they should be inhibited from purchasing land here . The exorbitancie of Strafford & Ratcliffe in this particular ( to speake nothing of others ) was such , as if they lived here , but few yeares longer , they had ingrossed into their owne hands ( per fas , vel nefas ) all the land in the kingdome . Adde that such continuance of governours longer than three yeares , doth give impediment to the prosecution of them for treasons , and other capitall crimes in case the subject should have just occasions to accuse them . The golden world did so dazle the eyes of some , as they were well pleased to connive at this great grievance , and ( to advance their Mecenas ) they concurred to the suppression of two great Catholique Noble Peeres , Antrym and Glamorgan , whom both King & Countrey did intrust with the chiefe government of the kingdome . Nonnè meliorest racemus Ephraim , Iudit . 8.5 . vindemijs Abiazer ? ought not one Catholique Vice-Roy be more acceptable to this Nation , than a hundred Heretiques successively ?

§. 14. Observations of certaine chiefe points omitted by our Committee in these Articles of Peace .

25. WE demanded in our 15. Proposition , That an act might be passed for the raising and setling of train'd-bands within the severall Counties , &c. Whereunto no answer is made in these Articles . The Protestant Agents in their officious answer 9. May , 1644. to this our fifteenth Proposition would not have any such train'd-bands raised , either for defence of king or Countrey . Their policie is to keepe the doores open for their Parliamentary Brethren . The Philistins will by no meanes permit the Israelits to beare armes . Is not the oppression intollerable , that Catholique Natives in their owne Countrey shall not be permitted to have armes , either offensive or defensive ; to preserve the kingdome , and defend themselves , and their religion ; and that intruding forrain Heretiques shall be permitted , yea authorized to furnish themselves with Armour & ammunition , not onely to defend , but also to offend the Catholique Natives , whensoever the watch-word is given ?

26. The like wilfull omissions have been made by our said Committee of Treatie in many other points given to their charge : 1. Omiss . on as first the omission of procuring unto the Catholique Subjects the benefit of Magna Charta , which hath beene since the dayes of Heresie , together with Religion it selfe suppressed : the maintenance whereof the Carholique Confederats have undertaken by the Moddell of Government , and which alone had beene more availeable to the Catholiques , then these 30. confused lawlesse articles of Peace by them concluded . 2. The omission of the repeale of the penall lawes , and suspension of Poynings act . 3. The omission of taking away incapacities of the Ecclesiasticall government , and ( in effect ) of Civill and Martiall Government . 4. Nothing obtained to secure the Catholiques of their Religion , or of any private or publique free exercise thereof . 5. Nothing done to secure the Prelates , Pastors , and Regulars of the kingdome , or the Churches or Churchlivings belonging to them . 6. Nothing to free the Catholiques from the pretended Iurisdiction of the Heretique Ministerie . 7. Nothing done , to recompence out of the estates of the Malignants such of our Partie , whose estates are in the hands of the Scots and Parliament partie , as we demanded in the 17. additionall proposition . 8. No thing done to dissolve such new corporations , as were unjustly erected to gaine voices in the Parliament . 9. Noble-men not estated in Ireland admitted members of the Parliament of Ireland . 10. Nothing to any purpose enacted against the continuation of Vice-Roys in Ireland longer than three yeares : which being urged according the Commission given , had ere now procured a new Catholique Vice-Roy . 11. Nothing procured for having a continuall Irish Agent with the king . 12. Insteed of indicting or attainting the Scots or Parliamentarie Rebells and confiscating their lands and possessions , as we earnestly demanded in our seventh and eight additionall propositions , our Agents have condescended unto an act of oblivion , as well for them as for the Catholiques . 13. The taking away of the Castle-Chamber by the Confederats demanded , but by our Agents omitted . 14. Nothing done for recoverie of the Plantation-land taken away since the yeare 1610. 15. No redresse against those corrupt Iudges , who in one morning annulled 150. letters Pattents granted by the king . See more in the eight tenth and following articles .

26. Besides these culpable omissions , our Agents have disdainefully rejected many things commanded by His Majestie to be granted unto us ; as first an exemption from the Oath of Supremacie absolutely ; and without any such limitation by Proviso , as is now added to the first Article of Peace . 2. A repeale of the penall lawes granted by His Majestie , but rejected by our Agents . 3. The suspension of Poynings act , likewise rejected . 4. The taking away of the High-Commission-Court granted , but rejected . 5. Places of honour and trust in the Civill government granted , but in effect rejected . 6. Free exercise of Religion and administration of the Sacraments granted by the Concessions ; but in these articles rejected . Reade the abridgement of Concessions sent by the Marques of Ormond to the Assembly in August , 1645. Where the foresaid grants and concessions were publiquely read and promised , and accordingly give censure of the industrie of our Agents . And these points alone might be sufficient to evacuate and annull whatsoever they have acted in this dishonorable peace , whereof as yet more in the end , when wee shall speake of the invaliditie thereof .

§. 15. Observations on the fifteenth Article .

27. THis article answereth to our fixteenth proposition , Proposition , where wee demanded that an act of oblivion should be passed to extend to all Catholique Subiects . This Article extends to all His Maiesties Subiects and their adherents , and under collour of the name of Subjects , this act of oblivion is extended ( without any commission or power from His Majestie ) to all the Scots and Parliamentarie Rebells in these three kingdomes . To grant an act of oblivion to the Catholiques , who swore to defend His Majesties Crowne and dignitie , the generall Commission of the Lord Lieutenant , in qualitie of Lord Lieutenant , served not the turne ; but a new and speciall Commission must necessarily be sought for from His Majestie . But to grant an act of oblivion to all the Parliamentarie Rebells , Scots , English , Connactians , Momonians . &c. who tooke the Oath of Covenant to destroy the king , His Crowne and dignitie , the Lord Marques supposeth such speciall Commission to be needlesse . It may seeme a strange Paradox that the Irish , whose assistance His Majestie earnestly desireth against the Rebellious Parliamentaries & Scots ; must be forced to looke for pardon for the offence they never committed ; and those Rebells , against whom His Majestie invites the Irish to fight , are admitted to grace and favour with impunitie and without any Commission . Shall Noble Antrym and all those loyall Irish , who preserve Scotland for His Majestie , be brought under the same rod , their case in Scotland being the same with that of the Confederate Catholiques in Ireland ?

28. In all these Articles there is not one article that obligeth the Scots or other Parliamentaries ( in case they accept the peace ) to render unto His Majestie or His Lieutenant the possession of any the Cities , or Forts they have , or to give up the Command of their Armies , &c. which is very remarkable , & can in no sort stand with securitie of Religion , King , or Countrey . In the Cities and Forts which they possesse they will still stand as Scouts to entertaine the comming of their Brethren the Parliamentaries of England and Scotland , and in the field they will be still readie to joyne with the Kings sworne enemies . Hence wee may conjecture , why , when in our seventh additionall proposition we demanded that the Scots , and such as tooke the Oath of Covenant might be proclaimed Traitors ; and that such Counties or Corporations , as submitted not to the Cessation , might not be admitted to make any returne to the Parliament ) wee were answered by the Marques that hee had no Commission to proclaime them Traitors , nor to prosecute them by warre ; and that to debarre such rebellious Townes , or Corporations from the Parliament , was inconsistent with the Condition of a free Parliament . Whereunto it might be replyed that the Lord Lieutenant had more Commission to proclaime them Traitors , than he had to receive them into protection , or to quit them by act of Oblivion ; they being all proclaimed Traitors in England by the Kings Majestie . But if the Parliament which is to be in Ireland must be therfore said to be no free Parliament , because proclaimed Parliamentarie Rebells shall not be admitted thereunto , how much more ought all the Parliaments in England , that have been since , the dayes of heresie , & especially the present dismembred Parliament in Dublin , be justly styled no free or lawfull Parliaments , seeing from thence , they have still excluded His Majesties loyall Catholique Subjects .

29. When likewise in our eight additionall proposition we justly demanded that the estates of such as adhered to the Parliament might be forfeited , and in the interim their lands and possessions , might remaine in their hands , wherein they were at that present : this sleight answer is given ( such consideration shall be had of this proposition ; as shall be fit . ) And this sit consideration was no other ; than to invite and scot-free to receive them into pardon , and grace , as in this and the 25. Article of Peace plainely appeareth . What else may a faithfull Subject here suspect , but a disloyall Combination betweene the partie aforesaid ?

30. Wee further observe , that the act of oblivion hath its Commencement from the 23. of october , 1641. So as all crimes committed on the 22. of October ( when the Castle of Dublin was to be surprized ) may be questioned notwithstanding the act of oblivion : moreover , a Proviso is added in the same act of oblivion , that certaine barbarous and unhuman crimes are reserved to be punished by the Lord Lieutenant and the twelve Persons selected by him , or any five of them ; which may hazard the heads of the best Gentlemen in the kingdome ; especially of those , who by armes and valour shewed themselves most zealous in advancing the Catholique cause , as the Generalls of Leinster , Vlster , Sir Phelim O Neale , and those other honest Catholiques , who were against the faction . If it be answered , that this Proviso was added to give satisfaction to our 17 , Proposition ; we reply , that we desired the Parliament should question such barbarous and unhuman crimes , and not any private Persons selected to determine what matters they list by an arbitrary power . But as this Proviso doth aime at the lives and estates of some particulars ; so doth the whole act at the lives , and estates of all the Confederats ; seeing the act of oblivion is not to be granted untill , and by the Parliament , which being uncertaine , this act of oblivion is also uncertaine . Interim what security have the Catholiques of their lives and estates ? Here againe , I marvaile our Committee did not endeavour to have this act forthwith past in the present Parliament , for the Catholiques present securitie .

§ 16. Observations on the 17.18.20 . &c. 24. Article .

31. BY the 17. article . Monopolies are not in very deed taken away , but changed into impositions to be layd on Aquavita , Wine , Oile , Yarne and Tobacco . By the 18. Article the Court of Castle-Chamber remaines , but to be regulated , not by Parliament , but by some engaged Parties . This Court , Monopolies , and such impositions are long since taken away in England ; Scotland never admitted them ; why should Ireland be slav'd by them ? What is touched in the 20. article , is explaned even now in the 28. and 29. number . The 24. article taketh away all interest of money due by the way of debt , mortgage , or otherwise since the 23. of October , 1641. and granteth onely 5. l. per centum during the space of three yeares next ensuing . In our eleventh additionall proposition we demanded onely , that a Competent time should be given by act to bee past in the next Parliament for payment thereof , or the use of the money to be moderated . Whereunto his Excellency in the Concessions above often mentioned , answered that iust reliefe should be given therein with respect to the diversitie of causes , and varietie of Circumstances , that may occurre therein . This was a just answer sutable to the Catholique Confederats demand : but the answer given by this article may seeme to be a worke of Supererogation , being more than the Catholiques looked for , or than will be permitted ( as is thought ) to passe in Parlirment , namely , that all the arreares of interest of money , which did accrue or grow due by way of debt , mort-gage or otherwise , and yet not satisfied , since the 23. of October 1641. untill the perfection of these articles shall be fully forgiven . That for three yeares next ensuing onely . 5. l. per cent . be paid . The proposition made by the Confederats chiefely intended the reliefe of those distressed Catholiques , who lost all or most of all their estate , or were notably damnified by these warres , either by wast , burning , pillaging , banishment or otherwise ; and not the exemption of such debtors , as suffered little or nothing by these warres , much lesse such as have bettered their estate by the warres : Some debtors , though able enough to discharge their debts , yet expecting to make use of this Article , have denyed and still doe deny to pay , either the debts they owe , or any part thereof , or the just interest thereof , though the Creditors were distressed , indigent , banished Catholiques ; for whom both charitie and justice pleaded ; wherfore unlesse the diversitie of causes and varietie of Circumstances , together with the persons that suffered , be considered in this particular , and the diminution or totall taking away of the interest be limitted to indigent debtors , that have beene notably damnified by these warres , this article may produce more effects of injustice , than justice .

§ 17. Observations on the five and twentieth Article .

32. BY this Articles His Majestie is graciously pleased , that Mountgaret , Muskerie , Sir Daniel O Brien Knight , Sir Lucas Dillon Knight , Nicholas Plunket Esquire , Richard Belings Esquire , Philip Mac Hugh O Reyly Esquire , Thirlagh O Neale Esquire , Thomas Fleming of Castle-Fleming Esquire , Patricke Darcy Esquire , Gerrald Fennell Esquire , and Geoffrey Browne Esquire , shall be immediatly upon conclusion of these Articles authorized BY ACT OF STATE to heare , The office of the 12. Persons elected by the Marques . determine and execut , &c. within the Quarters of the Confederats , the ensuing particulars . 1. To applot and levy meanes upon the Catholiques for raising , cloathing , and bringing to Sea-ports , and maintaining there untill they be shipped ten thousand men promised by the Canfederate Catholiques , to assist His Maiestie . 2. To levy the arreares of all Excises , and other publique taxes , &c. and to call the Receivers to accompt . 3. To applot and levy meanes within the Quarters of the Confederate Catholiques towards the maintenance of such army or armies , as shall be thought fit to continue , &c. and towards the maintenance of all the forts , Castles and Garrisons WITHIN BOTH OR EITHER OF THE NOW QVARTERS OF EITHER PARTIE , &c. 4. That they vppoint Receivers , Collectors , and all other Officers for such moneyes , as shall be so assessed , and for the arreares of the former applotments . 5. That they punish refractories in such cases . 6. That they applot meanes for buying of armes and ammunition and for entertayning of Frigats , &c. 7. That by way of excise or otherwise they applot on the Catholiques in the Confederats Quarters , such summes as be really due for , and in discharge of the publique engagements of the said Confederats incurred , &c. 8. That they applot meanes , as well for their owne maintenance , as for the maintenance of such persons , as shall be imployed in the publike affaires .

33. Here ( Confederate Catholique ) thou may'st behold with teares the strange Metamorphosis of the government established by generall Assemblies for the reparation and maintenance of the Catholique faith , the security of our Soveraigne and of this kingdome for His use , in these dayes of universall defection . Thou maist behold the happy union made by God himselfe , betweene the Confederate Catholiques , changed into an unhappy monstrous union made by Sathan , betweene the Catholiques and the pretended Protestants ; the Catholique union made to preserve Religion , and extirpate Heresie , changed into an heterogeneall union to preserve heresie & extirpate Religion ; 2. Cor . 6.15 . quae autem conventio Christi ad Belial ? Our Supreme Concellors ( honoured in the Christian world ) changed into abject ministeriall Tol-gatherers for the puritans of Dublin , Modell of Government , p. 4. and the supreme power given them by the kingdome , for the exaltation of the holy Catholique Church , for the advancement of His Maiesties service , the preservation of the lives , estates , and liberties of His Maiesties true Subiects , changed into a servile office received from the same Puritans , enabling them onely to poll , racke , and taxe , the Catholiques , with what somes they please , to no other end , than to maintaine and uphold that heresie , which hath vowed the destruction of Religion ; the decherison of our Soveraigne , and servitude of His Catholique Subjects : what ? Exod . 5.25 . Ibid . v. 10. the OVERSEERS of Israel become the EXACTORS OF PHARAO , & in lieu of crying out to Pharao ( why dealest thou so against thy servants , behold thy servants are beaten with whips , and thy people are uniustly dealt with all ) they command with Pharao , let them be OPPRESSED with works and let them accomplish them , let them be poll'd , rack'd and tax'd , least the pretended reformed Gospell perish .

34. See hereafter n . a● Yet least these Catholique Tol-gatherers should prove too indulgent to their fellow-Catholiques , these restrictions are added to their Commission . 1. That they acquaint the Protestant Lord Lieutenant or other chiefe Governor for the time being with such taxes , levies and excises , as shall be made and the MANNER of levying thereof , and that he APPROVE the same . 2. That the prosits of the estates within the now Quarters of the Confederate Catholiques of such as shall adhere to the Parliament , and not submit to the Peace , be accompted as Publique dues , and be converted to the maintenance of the Kings Army . 3. That the applotment for buying of armes and entertaining of Frigats , shall be in such proportion and manner as the Protestant Chiofe Governor for the time being , shall with the advise and consent of the persons aforesaid , or any five of them thinke fit . 4. That the armes and ammunition be laid up in such Magazins and under the charge of such as shall be agreed by such Protestant Governors , and the advise aforesaid , and the said Frigats , to be by the said governors accordingly employed . 5. That the said persons to be authorized , or any five of them make perfect Books of all such moneyes as shall be applotted , &c. and deliver abstracts of them , to the Collectors , and withall a duplicat of the said bookes to the Chiefe governor for the time being .

35. By what consent of the Confederate Catholiques have these Noble Personages intrusted by the kingdome devested themselves of that Supreme power , which the kingdome conferred on them , and assumed this new office from the Puritans of Dublin ? what Commission had they to engage the kingdom , to cloath , furnish , and send over ten thousand men into England upon these disadvantagious articles and Conditions ? See our declarations , our grievances presented to His Majestie , together with our Propositions , and then thou maiest enforme thy selfe ( indifferent Reader ) upon what Conditions the Catholiques promised 10000. men . Our Covenant to send over so many men was made with Clamorgan , and upon conditions of farre greater advantage ; how dar'd our Committee renounce the Conditions , and yet engage the kingdome in the obligation ? his Excellency , enforced Clamorgan to deliver unto him the Counterpart of the Conditions and Articles of peace past betweene him and the Confederate Catholiques , and laboured by imprisonment of the Kings Commissioner and other practises to cause him to revoke and repeale what contract past betweene him , and them ; not prevailing that way , hee prevailes with our owne intrusted Committee another way . They tell us indeed , his Excellency hath dispenced with us for sending over the 10000. men : the obligation to send them over , wee know by the Articles ; the release we know not , neither may we expect it from him , that hath no power to grant it . But these are arcana , quae non licet homini laqui : We could not make a peace with Glamorgan a Catholique Peere chiefly intrusted by His Majestie without Ormond an Adversary to the Catholique Religion ; and yet we could make a peace with Ormond without Glamorgan . ●sa . 38.17 . Ecce in pace amaritude mea amarissima .

36. Hetherto we maintained onely our Catholique armies for advance of the Catholique Religion ; hereafter ( if this peace prevaile ) wee must maintaine all the heretique Armies in the kingdome : hetherto wee maintained onely the Forts , Castles and Garrisons in our owne QVARTERS ; hereafter wee must maintaine all the Forts , Castles , and Garisons in both Quarters , as well in the enemies , as in the Catholique Quarters . Hetherto wee have provided armes , ammunition , and Frigats , for the use of the Confederate Catholiques ; hereafter ( by this delusorie peace ) wee must imploy the present , and provide the future armes , ammunition , and frigats for the use of the Adversaries of Religion . Yea we must maintaine on our owne expence all these Tol-gatherers , Collectors , Receivers and other Officers , be they Heretiques or Catholiques , that shall thus serve the Puritans to racke the Catholiques . What hopes are there , that any Catholique Princes or Prelates will ever assist us , if they heare , wee condescended to so dishonorable and pernicious a Peace ? and yet without their assistance ( though Protestant and Catholique were joyned together ) we shall never be able to defend , Religion , King , or Countrey ?

37. To presse on this Peace , the Contrivers thereof evermore urged , we were not able to maintaine the warre , Lesse able by this Peace to maintaine war , than before . though wee had no more to maintaine , but the Catholique Armies & Catholique Quarters : how then shall wee be able to maintaine the warre , if we must maintaine all the Armies , that shall be in the kingdome , and another great Army out of the kingdome ? if wee must maintaine the Forts , Castles and Garisons , as well in our Enemies Quarters , as in our owne ? To maintaine our owne Catholique Armies onely , and the Forts , Castles and Garisons that were in our Quarters , onely , we had these assistances . 1. The fugitive Protestants and other Heretiques livings , and lands , that were in our owne Quarters . 2. All fines , issues , amercements and forfeitures , &c. 3. The Customes . 5. The Kings rents . 6. The Excises . 7. The two thirds of the Church-livings . 8. The fourth part of Gentlemens rents . 9. The Tenths of Priczs . 10. The aids and succours of Catholique Princes and Prelates abroad . By this Peace , the Catholiques are deprived of all these aids and assistances , Exod . ● and yet their charge and burden to maintaine a warre increased and multiplied . Opprimantur operibus , ut expleant ea : for by these Articles the fugitive Heretiques meanes , fines and amercements , rents , tithes , excises , tenths of Prices , Customes , &c. must be by our selves collected , and sent to the Receit in Dublin ; the two thirds of Church-livings will bee all consumed by the wiving Ministerie , &c. Forrain Catholique Prelates & Princes , will subtract their aid & succours from us , esteeming it against Conscience to contribute any way to the support of the known Adversaries of Religion . Nothing is left us , but the free-gift of the Catholique Noble-men and Gentlemen , who ( to advance the Catholique faith ) volutarily & bountifully contributed the fourth part of their meanes . Yet this also is taken away from us in effect ; for our Tol-gatherers are obliged to returne bookes and Extracts aswell of these fourth parts , as of Excises and other things ? and by that meanes they discover unto the Heretiques , how they themselves may taxe , levy and take up those fourth parts , and force the Catholique Gentlemen to Contribute ( against their conscience ) the same meanes to maintaine Heresie , which ( with integrity of conscience ) they freely contributed to maintaine Religion . Thren . 1.10 . Heu , manum suam misit hostis ad omnia desiderabilia eius . The Catholiques must now with the Idolatrous Israelits contribute all their meanes and lively-hood , to make up the golden Calfe , to maintaine the enemies to Religion , King and Countrey . Degenerate Catholiques that would thinke any charge ( how little soever ) too much to maintaine the Catholique Religion ; and no charge ( how great soever ) too much to maintaine Heresie , even that Heresie , that made solemne vowes to destroy that Religion , and those very Catholiques , which by this peace , should be obliged to maintaine them . Isa . 59.5 . Ova aspidum ruperunt , quod confotum est orumpet in regulum : Those Heretiques , which we would by this Peace , nourish in our owne bosome would be hatched into Cokatrices , to sting our selves to death .

38. Marke prudently , judicious reade , in all those articles there is not one word or syllable for the assurance of thy religion , life , estate , or posteritie ; and yet by this peace , thou must contribute , and give as much , as if thou hadst full and perfect assurance of all these ; as much , as if Church and livings , and all Ecclesiasticall power and Iurisdiction , were left unto the Catholiques ; as much , as if the Catholique Church were by this fatall Peace restored to its full lustre and splendour . Glamorgan granted unto us free exercise of Religion , Church , and Church-livings , a repeale of all penall lawes , &c. and yet the Countrey never would condescend to give him so much , as our Committee of Treatie hath condescended to give to Ormond on such abject conditions . Isa . 69.6 . But they have woven the spiders Web ; There is no Catholique of any worth or value in Ireland , that would not effuse the last drop of blood in his veines , before he would become such a mercenarie to Religion , or contribute his meanes to maintaine heresie : what a foolish conceit was it , to thinke that any Catholique Noble-man , Gentle-man or merchant at home or abroad , would exhaust his meanes & moneyes to buy armes , ammunition , frigats , &c. which should be afterward at the disposall , and Command of any Vice-Roy in Ireland that is no Catholike ? to thinke that any Catholique at home or abroad would be so prodigall of his owne life , and carelesse of his salvation , as to expose the one and the other for the defence of heresy ? much more I omit , which might be here said , praying the Reader to observe ; that by this article there is no power or authoritie left in our late Supreme Counceil , or in the Confederate Catholiques : the Command of Armies , appointment of Commanders , and all other officers or ministers in Ecclesiasticall , Civill or Martiall Government ; the government of the Forts and Cities in our Quarters , and of our Frigats at Sea ; the disposition of our moneyes ; armes and ammunition , &c. are translated into the adversaries of the Catholique Religion , in so much , as every petty Heretique Clarke in the Exchequer hath more power , than our late Supreme Councell . Truely , if Glamorgan ( who knew the Kings pleasure best of any ) had thought the translation of such governement and command unto the pretended Protestants of Ireland , were more pleasing , and more secure to His Majestie , he had been as carefull to urge and presse the same , as any other . But the dayly defection of Protestants from their loyaltie , will never permit true Subjects to intrust them with such command and government . It is with me propositio per se nota ; to trust any Heretique ( in these times ) with any such Command or government in Ireland , were to betray the Catholique Religion , dethrone our Soveraigne , and destroy this Nation . Time will subminister just occasion to manifest unto the world , that the defections of Duncanon , Corke , Yoghell , and other places of Ireland proceeded of influence from Dublin , even from those , who beare the world in hand , they stand most for the king . Infati●a quaeso Domine Consilium Achitophel . 2. Reg . 15.31 .

§. 18. Observations on the 26.27.29 . and 30. Article .

39. COmmissioners of the Peace , oyer and terminer , and Gaole deliverie are to be appointed by Commission under the great Seale in the Catholique Quarters by the 26. Article , who are besides to be qualified with power to heare and determine all Civill causes comming before them , not exceeding ten pounds . Provided , they shall not intermeddle with title of lands , &c. which Commissioners are to continue till setlement by Parliament , sitamdiu●se bene gesserint , if untill then , they carry themselves well . And the said Commissioners are to make their estreates , &c. And the issues , fines , amercement , and forseitures which shall happen before them to send to the Kings Exchequer , &c.

By the 27. Article , His Majestie is pleased , that none of the now Roman Catholique partie shall henceforth , untill there be a settlement by Parliament , say , &c. or to be suyed &c. in any Court , &c. or before any Iudge , &c. other than before the Commissioners aforesaid , or in the severall Corporations , or other Iudicatures within the now Quarters of the said Confederate Catholiques , as hath or have power derived from His Maieslie .

By the 29. Article , all Customes , which from the perfecting of these present articles shall fall due . shall be paid into His Maiesties Receipt . That all persons intrusted in matters concerning the said Custome are to continue in their respective imployments , &c * Note the Art. . other then as to such , and so many of them , as to the Chiefe Governor for the time being , by the advise and consent of any five of the twelve persons above named , shall be thought fit to be altered .

By the 30. article the aforesaid Commissioners ( appointed by Commission from Dublin ) shall have power to heare and determine all murders , man-slaughters , Rapes , Stealths , burning of houses , and Corne in recke or stake , Robberies , Burglaries , forcible entries , detainers of possessions & other offences , &c. upon these foure articles many things may be observed , which because every indifferent Reader may perspicuously behold out of the articles themselves , I passe by for brevities sake , only I will deliver this .

Appendix concerning the extinction of our Indicature , and the erecting of the now power given by the state of Dublin .

40. THe * Sir Luke Dillon , Mr. Pluncket , Mr. Darcy , Mr. Tyrell , Mr. Dowdall & Dr. Fennell . six Agents for the late Councell and Committee ( among many reasons summarily delivered in Waterford unto the Ecclesiasticall Congregation ) why they made this peace , delivered this , that none of the Confederate Catholiques can be summoned to , or suyed in the Courts of Iustice heretofore held in time of peace , &c. By which they would persuade us , that the Iudicature was still lest entirely in the Confederate Catholiques hands , and therefore this peace was in effect , but a present union ( which they call a pacification ) with expectancie of an absolute Peace to follow . But this excuse , through necessitie invented , is worse than the fault ; for if the Iudicature erected by the Confederate Catholiques doth as yet remaine in its full vigour , as before , it must remaine either in the twelve noble personages above mentioned in the five and twentieth Article , or in the Commissioners of Oyer and Terminer , who are to be elected by the 26. article . In the first it cannot remaine , aswell because their power is limitted by that contained in the five & twentieth art . being affaires of another nature , as also because their power is derived from the state of Dublin , and not from the Confederate Catholiques ; neither can it remaine in the later , seeing their power extends not to the ordinarie power of itinerall lustices , and is derived likewise from the Chiefe Governor by Commission under the great Seale , &c. and not from any power given them by the Confederate Catholiques . And though by the thirtieth article we may neither sue , nor be sued ; but in our owne Quarters , yet it is expressely noted , that our pleadings must be before such as have power derived from His Maiestie .

41. In the foresaid 25. Article , or elsewhere in the rest of the Articles of this Peace , I find not that our foresaid twelve Noble Catholique personages are honoured , so much as with the title of Commissioners ; and if their title must be conformable to the office by those articles given them , I know no other title can be given them , than the title of TOL-GATHERERS for the Puritans and Parliamentaries of Dublin ; a title no waies beseeming men of their qualitie , who have been Chiefe Moderators of the Catholique affaires in Ireland since these warrs , and the title the more contemptible that they are authorized to taxe and lay applotments on their fellow Confederate Catholiques onely , and on their lands , and not on the Protestants , or other Parliamentaties : in so much as if the fugitire Heretiques , who parted from our Quarters and sided with the Parliament did returne upon this Peace to our Quarters , they have no power to taxe or , applot any thing upon them or their lands , so as they must be free from all impositions & Contributions , but the poore Catholique heavily loaden . Whether the foresaid Commissioners of Oyer and Terminer , shall be Catholiques or hereticks is not determined by any of those articles . It was the part of our intrusted Committee of the treatie to provide , that they should be named expressely Catholiques , least otherwise the lives and estates of many the Confederate Catholiques might be hazarded , such Commissioners having power over their lives and lands . I admired wherefore these Commissioners of Oyer and Terminer should be authorized by Commission under the great Seale , and that those twelve noble personages ( whose power might seeme to transcend theirs ) were onely authorized by act of state . In conference with a learned Lawyer my admiration quickely ceased , who gave me a full resolution of what before I rightly suspected , to wit , that those of Dublin dared not authorize by Commission under the broad Seale those twelve noble Personages to execute such particulars , as above are mentioned in the five and twentieth article , foreseeing that thereby they might become Accessories of treason , or felony at least , seeing that such as without the generall consent of the kingdome doe make such applotments and levies , and doe put the same in execution by cessing of horse and foote are guiltie of treason by the Irish Satute of 18. Hen . 6. c . 3. or of felony for Goynee , & Liverie by the Statuts of 28. Hen . 7. c . 1. & 10. H. 7. c . 18. Wherefore the State of Dublin though in the begining that of article they AVTHORIZE those twelve persons to the ensuing particulars , yet when they descend to the same particulars they dared not use the word AVTHORIZE , but the word PERMIT , saying the Persons to be authorized , as aforesaid , are PERMITTED ) WITHOVT INTERRYPTION to applot , raise & levy meaues , &c. as above . Yet when they come to the matter of obliging the foresaid twelve noble personages to make perfect Books abstracts , duplicats , &c. of all such money as shall be applotted &c. to the end a perfect account may be given to our adver●… ries of Dublin , they have beene very carefull to use the word authorize . For such applotments & for cessing of horse & foote on His Majesties Subjects in Ireland , the Earle of Strafford was impeached of high Trealon in England . The state of Dublin , as they would engage but Noble men in the like crime , so peradventure they would become the executioners of the punishment due to the same crime which danger had beene prevented if the power of the Confederate Catholiques given them , by full consent of the whole kingdome , were maintained or continued . They ought to be mindfull of the Ship-money declared unlawfull by the Parliament of England , though applotted immediately by His Majestie himselfe for the present necessitie of the kingdome : how much more would any applotments , taxes , levyes , or impositions laid on the kingdome by any act of state from Dublin be so judged and condemned as unlawfull , and contrarie to the ancient fundamentall lawes , which by oath the foresaid twelve Noble Persons are tyed to maintaine and defend ?

42. The Commissioners power . The power given the Commissioners of Oyer & Terminer extends not to riot or treason , which may encourage as well the Ecclestasticks , as the Seculars of the adverse partie , to invade by force and violence or other sinister practises the Churches and Church-livings , Tithes , lands and other possessions belonging to our Clergie and Seculars , wherein undoubtedly the adverse partie will have great animositie , when he seeth by these articles no act , or ordinance agreed upon to debarre him from such a resolution . Neither doth the power of the foresaid Commissioners extend to heare or determine titles of lands , &c. which giveth way to all Eschetors , Feodaries , and other officers of the Court of wards and the Excheaquer to swarme into our Quarters , there ( by hooke or crooke , or other by wayes ) ( to take offices , and induisitions upon our gentlemens lands , and to returne them to the foresaid Courts , and upon the first opportunity to put them in execution ; the Councell-Table also will make use of this limitation to pursue the new State affaires of plantations . In civill causes the foresaid Commissioners power extends not to upwards often pounds ; where then shall the Confederate Catholiques , either for debts due unto them , or trespasses done unto them ( for example by invading Ministers or others ) above the value often pounds right themselves ? In the Corporations within the Confederate Catholiques quarters , we may not be righted , unlesse the debters and trespassers be caught within their liberties ; because the power and Iurisdiction of such Corporations extends no further then their liberties . So as if a Protestant Bishop or Minister , ( and so of others ) can once get footing in our Churches ; Sanctuaries , or other Ecclesiasticall possessions and livings , he is like to stay there long enough before he can be ejected either by suite or otherwise , by any power given to the Confederate Catholiques in these articles . In case one of the Confederate Catholiques impleaded by another in any the Corporations aforesaid would willingly reverse a judgement there given against him by writ of error , or otherwise , or in case he desired to remove the cause by injunction into the Chancerie , or by habeas Corpus unto any other superiour Court , where may he have recourse for justice there , being no other superiour Court within the Catholique Confederats Quarters . The very like and much more may be said of our Courts of Admiraltie , revenue , and other Courts , the further discussion whereof we leave unto honest Lawyers . I am of opinion that this 27. article by which the Catholique Confederates may neither be sued nor sue with such restrictions and limitations of power , doth not so much favour the Catholiques , as it protecteth their adversaries to attempt all mischiefes . The erecting of our Iudicatures after the beginning of these Commotions , was as thornes in the sides , and pricks in the eyes of our Adversaries knowing that such Iudicatures were a soveraigne antidote to preserve the union betweene the Confederate Catholiques , and to dissipate all clamours that might arise through the defect of administration of justice . Our armyes in the field were not so terrible unto them , as the constitution of such Iudicatures , wherefore our adversaries have gained as great a conquest against the Confederate Catholiques by demolishing this Iudicature , as they gained by transferring unto themselves the command of our Armies , the government of Cities , Forts , and receipts of the revenue .

43. Wee have heard , the Earle of Strafford was resolved to cause all the decrees or extrajudiciall orders , he gave on paper petitions to bee approved by Act of Parliament , not onely for the justification of his owne actions , but also because hee would manifest unto the world his care to preserve Iustice unto the subject . Had our Committee of treatie , the same courage the Earle of Strafford had , ( as they had a better cause ) they would never be so ptodigall of their owne honour , nor so nenegligent of those subjects ( in number many hundreds ) who had sutes in the Iudicature , and other Courts instituted by the Confederate Catholiques , whereof as yet many remaine undecided ; as to yeeld to any peace , unlesse first it were agreed upon , that what sentence soever they gave betweene partie and partie , &c , the same should be confirmed by Parliament or otherwise so ratified in Dublin , as they should never be subject to reversall through defect of power or jurisdiction on the part of the Confederats ; and that those causes , that as yet depend in the Court of Iudicature , should be finally concluded in the same Court , or upon the peace , proceeded and determined in Dublin . to the end the Subject might have no cause of complaint , and that the course of Iustice might have its full currant , even in the heate of warre . While the substance and the essentialls belonging to the law are observed , the omission of certaine formalities in these disordered times may be well excused , and consequently the sentences and decrees given in our Iudicatures ought still to remaine in their full fotce , neither ought so many thousand Subjects as have impleaded or been impleaded in the said Iudicatures be forced to commence their sutes againe in any other Court which pretends to derive its power immediately from His Majestie . Et sollicitabant corda virorum Israel . 2. Reg . 15. ● .

44. If a prescription of a decade of Centuries may inferre a just title and power for making a law , and erecting of Iudicatures within our selves , Discourse of Ireland , pag . 14 , 15 , 16. Sir Iohn Davers the Kings Atturney hath long since produced it for us , though wee would be pleased to wave the priviledges of that prescription , if necessitie had not forced us to the contrarie . However , I am confident , that neither Parliament in England , nor their Adherents in these three Ilands can shew either president or presumption for what lawes they have made since these warres , and for the Iudicatures they have erected , even contrarie to His Majesties expresse command ; with whom we may well ranke the titular Parliament of Dublin . Vnto the prescription aforesaid wee might adde a juridicall exception against the pretended Protetestant Iudges of Dublin , whereof some have been impeached of high Treason in full Parliament in Ireland , of which impeachment they were never yet legally acquit . Others are knowne to have sided with the Rebellious Parliament of England . The corruption of Protestant Iudges . What Iustice then may the Confederate Catholiques expect from such disloyall Iudges ? One instance ( out of many ) proclayming their injustice , I here present unto the Iudicious Reader . By an Act of Parliament past in Dublin 15. Ed. 4. and recorded in the Chaine-booke of the Tholsell of Dublin any free-man of the said City impeached and imprisoned for felony or Treason , Pag . 152. ought to be deliveted upon mainprise , the benefit whereof was granted unto Sir Richard Bolton knight , and Chancellor of Ireland , in as much as he was a sworne free-man of Dublin , though he was impeached of treason in a full Parliament by the whole kingdome . Within three yeares after which impeachment it hapned that three worthy Catholique Aldermen , and free Citizens of Dublin , Ians , Arthur , and Beg were likewise impeached of Treason , not by the whole kingdome , but by a few greedy wretches , who coveted their lands and goods . The good Aldermen desired to be delivered upon mainprise , by vertue of this Act of Parliament : the matter being debated , the same Chancellour , who not long before obtained the benefit of the said statute ; resolves the Protestant Councell in Law , that these Catholique Aldermen could not , nor ought not have the benefit of the said Statute ; but that they must be still kept in durance without baile or mainprise . Ex ore tuo te iudico serve nequam : if the Statute was of force to bring the Chancell our out of prison upon mainprise , though impeached of treason , by the whole kingdome ; how much more should it be of force to bring out of prison , upon mainprise , the innocent Aldermen , who were impeached by two or three knights of the Post onely ? Rem . 2.1.3 . for which cause thou art inexcusable , O man , whosoever thou be that iudgest . For wherein thou iudgest another , thou condemnest thy selfe ; for thou doest the same thing , for which thou iudgest and condemnest others . Doest thou thinke thou shalt escape the iudgement of God ? out of one and the same mouth two sentences or interpretations Diametrically opposit are delivered upon one & the same law or statut : against the Catholique free-borne Native to restraine him ; for the Protestant adventitions stranger to release him . Such Iudges looke not on the law , by which they ought to be regulated , but on the persons , whom they sentence ( without respect of law ) according their affection or disaffection ; so as their corrupt judgement , and sinister interpretation of the law ( which they mould to what forme , they please ) and not the law it selfe , is that , which condemnes the innocent . Quod iustum est , iudicate , sive Civis sit ille , Deut . sive peregrinus : nulla erit distantia personarum . To be a Catholique was enough to make a good cause bad , and to be an heretique or zealous brother was enough to make a bad cause good . Iudicant secundum faciem , non secundum rectum iudicium . Above six thousand head of cattle have those pillagers of Dublin taken away out of the Confederate Catholiques Quarters since these Cessations ; for which no satisfaction or restitution was ever made , notwithstanding that the Supreme Councell it selfe frequently dealed with the Councell of Dublin by letters , messengers , and otherwise to compasse the same . But of the proceeding of such kinde of Iudges see more prolixly elsewhere . This I say , Dareyes ●… Queres particularly , the 2.3.8 . &c. Sir Rich . Blake and Capt . Audly Mervins speeches . to submit our selves to the Iudicatures wherein such Iudges doe sit , before they receive condigne punishment for their injustice , were to cast our selves headlong into an abysse of miserie and servitude .

45. Seeing nothing is concluded but a pacification , and no absolute Peace , which as yet is in expectancie ; what madd men are we to strip our selves of Iudicature , Revenue , Armes , Government , offices , and all power before any redresse be given us for the least grievance complain'd of , or injurie offer to us ? places of command as well in the Civill , as in the Martiall government , and chiefely vacant places should be immediately , actually and by particular Instances confirmed on the Catholiques ( as I am credibly enformed , even by some of the Committee of Instructions ) yet wee see nothing performed , nor not so much as once mention made in all these Articles of the vacant places to be conferred on Catholiques . Seeing also this pacification can have no greater force than a Cessation of Armes , wherein all things ought to remaine in statu quo prius , why should we invert that order , and yeeld ( without any necessitie ) to such unequall Conditions , as no Chronicle hath registred ? Psal . 27.5 . Loquuntur pacem cum proximo suo , mala autem in cordibus eorum .

§. 19. Observations on the eight and twentieth Article .

46. AS by the 25. Article the government in generall of the Confederate Catholiques is changed ; so by this 28. Article the Command , Rule , and Government of their Cities , Garisons , Forts , &c. in particular is taken out of their hands . The Confederates doe continue ( saith the Article ) the possession of such His Maiesties Cities , Garisons , Forts , and Castles , which are within their now Quarters , untill settlement by Parliament . But to be commanded ( marke it well , I pray you ) ruled and governed in chiefe by such as His Maiestie , or his chiefe Governor , or Governors shall appoint . Thus farre without any dependencie of , or relation to the advise or consent of any the twelve Persons above chosen . Here commeth to be noted first , that the Catholiques have onely the naked possession of the Cities , &c. they preserved or recovered from the Enemie , for the Kings use , wherein they are like to have no more power or libertie ( if heretike subjects be Commanders in Chiefe ) than slaves have in Gallies : neither had this naked possession it selfe beene left them , by their Adversaries , could they otherwise have taken it away from them by force . 2. That possession remaines in the Catholiques hands till settlement , when they are necessarily to be removed , if the Protestant Chiefe Governour shall propound to both houses that such removall conduceth to the advancement of the Kings service , and Peace of the kingdome ; for this power is left him by the second article of this Peace , and the Protestant Governour will propound ( wee may be sure ) that the preservation of the Protestants , and suppression of Catholiques is necessarie for the advancement of His Majesties service , and such a Proposition doth not trench on any thing concluded in these Articles in the behalfe of the Catholiques . 3. Such inferiour Governours must be Governours in Chiefe in our Cities , &c. contrarie to the Charters and priviledges granted by His Majesties Royall progenitors to such Cities , &c. 4. Suppose then , his Excellencie ( according to this article ) were ( the Peace being accepted ) to put in a Governour in Chiefe into Duncanon ( the like discourse you may make of all other Forts , &c. in the Confederate Catholiques Command ) what can hinder him to place in that fort ( of so great importance ) Lientenant Esmond , or any other heretique Commander , that formerly kept the same from King and Countrey for the use of the Parliament ? the Catholiques have good reason to suspect such kinde of practises , seeing they see those very Rebells entertained in Dublin , as faithfull subjects , who swore the oath of Covenant , and betrayed that Fort to the Parliament . This being done aswell in that Fort , as in the rest of the Forts , Cities , or Garisons in the Catholique Confederates Quarters , strong Garisons of Horse and Foote , assuredly will be brought in , and then the Magistrats and Inhabitants brought under the yoake ; afterwards the Priests of Belial with their yoke-fellowes , and brats , throng in , and are , without blowes put into quiet possession of our Churches and Church-livings by these new Governors in Chiefe , against which there is no barre in these Articles of Peace . I could wish our Committee did remember that saying of the Gospell ; Luc . 11.21 . when the strong armed keepeth his possession , those things are in Peace which he possesseth , but if a stronger than he come upon him , and overcome him , he will take away his whole armour whereon he trusted , and distribute his spoiles . 5. Why was there not a particular Proviso made in this article , that Generall Preston , Generall O Neale , and those other well deserving Catholiques , whom the Confederate Catholiques made Governours of such Forts and Cities , should be continued in their Government for securitie of Religion and Countrey ? But herein our Committee of treatie have been as provident , as they were in preserving places for our Catholique Commanders in the Armies . Lastly , the treatie Peace is dated 28. March , 1646. and the naked possession of such Forts , Cities , &c. only as then were in the Catholique Quarters is left them : for the Article saith ( within their NOW Quarters ) so as the possession of Roscoman , Bunratty , and all other Forts gayned by the Catholiques since the foresaid 28. day of March , and hereafter to be gained by this sociall warre must be given to our Adversaries , and peradventure to the Scots themselves ; whereby all our future war will prove totally to the advantage of the Protestants and all other Sects , and to the disadvantage of the Catholiques ; and yet the charge must lye entirely on the Catholiques .

47. The Command , rule , and government being transferred unto the Chiefe Governour , and by him unto the Governors in Chiefe , whom he alone is to appoint independent of any by the first branch of this Article , he is by the second branch , to issue Commissions , and appoint such persons as shall be named by His Majesties Chiefe Governour for the time being with the CONSENT and ADVISE of any five of the foresaid twelve persons ; for the EXECVTING of such Command , rule , or government : so as both the Command , the appointment and nomination of Commanders , and the giving of Commands unto such Commanders or Governors , as the Chiefe Governour shall thinke fit , is wholly and independent in him alone , wherefore as he may appoint , what tyrant , or heretique he please to governe the Forts and Garisons in the Confederate Catholiques Quarters , so may he give them what Commands he please , even to the destruction of Religion : And as there is no obligation on the Chiefe Governour to comply with any five of the foresaid twelve , in appointing or giving Commands to such Governours in Chiefe , so is there no punishment inflicted by this Article on the Governours in Chiefe in case they EXECVTE such Commands contrarie to the advise and consent aforesaid , so as there is no securitie for Religion , King , and Countrey . If the Chiefe Governour himselfe neglect to aske the advise or consent of any five of the foresaid twelve to the EXECVTION of any Commands hee may give to such inferiour Governor or Governors in Chiefe , and refusing their consent would doe the contrarie , what remedy is provided for the distressed Catholique ? It is true that as the present Lord Lieutenant hath induced five of our Committee of Threatie , to condescend unto this unluckie Peace , so may hee and his successours induce them to consent to the EXECVTION of what Commands hee please : and if all faile the ( the Command , Government , and possession being in his owne hands hee will force our intrusted partie to consent unto such EXECVTION , or ( at least ) he will disdaine to looke after their consent .

48. Thren . 1.5 . In fine my opinion is ( Salvo semper meliori iudicio ) that by this peace factus est hostis noster in capite ; the heretiques have in effect obtained what they themselves desired in their foure and twenty bloody Propositions presented in the name of the Protestants to His Majestie against the Catholiques , particularly , the establishment of Protestancie ; suppression of Poperie ; the continuation of the pretended Dublin Parliament ; the dissolution of the government established by the Confederate Catholiques , the pessession of our armes and ammunition , the Command of our Armyes , and government of the Cities and Forts in our Quarters ; the maintenance of the armyes and Garisons by Catholiques , to destroy themselves ; the Continuance of Poynings act in force , as the Protestants desired in their 16. Proposition ; the Continuance of all the penall lawes in force against Catholiques , and the extirpation of Catholiques Prelates , Clergie and Regulars , and consequently of all Catholiques percute pastorem , & dispergenturoves . And when all is done , we have heard our Committee of Treatie confesse , that there is no absolute Peace concluded , but an union or pacification onely : obstupescite caeli super hoc . The pretended Protestants desire this union to preserve themselves ; and shall Catholiques purchase the same with no lesse price than their owne destruction ? If the Catholiques adhere to the Protestants , when their owne brethren ( the Puritans , Zuinglians , &c. ) desert them , is it not the least favour the Catholiques should obtaine at the Protestants hands to live in their owne native soile with the full exercise of their Religiou in splendour and lustre , as the aucient fundamentall lawes of the kingdome have warranted & as the promise and solemne oath of their sovereignes have confirmed ? This may suffice to prove the first part of this survey , and of the injustice of the late Peace , wherein I must conclude in this apostrophe to our honoured Committee ; Aggai . 1.6 . seminastis multum & intulistis parum ; and unto our distressed banished Noble men and Gentlemen , Math . 24.4 . that are lead to embrace any Peace , Videte ne quis vos seducat . There is not one article of this Peace , that secures you of your lives , liberties or estates . The 15. article , by which an act of oblivion is granted hath its commencement , when it shal be passed in the next Parliament . When the next Parliament SHALL BE , you have heard the Authors of the peace Confesse , it is unpossible to know , Nay say I , it s morably unpossible that ever it SHALL BE , seeing it is morally unpossible that ever wee shall obtaine the Royall assent , at least , during the present state of things , the same they must confesse , as touching all acts or ordinances past against you by the titular Parliament of Dublin , and as touching the indictements , &c. drawne against you , whereof in the third and fourth article . In the interim , how many of your heads may they chop off ? what disposition & alienation of your lands may they not make ? Constituerunt habitatores silios alienigenas in omnibus finibus vestris , & sorte distribuerunt terram vestram . 1. Machab . 3.36 .