THE SECOND PART OF THE SURVEY OF THE ARTICLES OF THE LATE REJECTED PEACE WHEREIN THE invalidity AND NULLITY OF THE SAID PEACE IS PROVED, 1. By the revocation of the Marquis of Ormonds' Commission before any Peace was legally concluded etc. 2. By the defect of sufficient Commission or authority on the part of our Committee of the Treaty. 3. By the revocation thereof by the Protestation of the principal part of the Body Politic of the Kingdom and other Inhibitions. 4. By exceeding their Commission. 5. By deviating from the rules established by assembly, by which they ought to regulat themselves, namely, from the Oath of Association, Model of government, Acts of Assembly, Grievances, Declarations, and Propositions made by the Kingdom to His Majesty, etc. 6. By rejecting the King's favours and graces. 7. By their surreptitious and clancular concluding of a Peace contrary to their promise made unto the Lord Nuncius. 8. By the Kingdoms non acceptance thereof; 9 By their violation of the public faith of the kingdom passed by Solemme Contract unto the L. Nuncio 19 February 1645.  
Whence the justice of the Clergies Decree of Perjury, and excommunication against the Adherents to so impious and invalid a Peace, is evidently deduced.  
By Walt. Enos Dublinian, Priest, D. of Divinity & treasurer of Ferns.  
Viri faederis tui illuserunt tibi, invaluerunt adversum te viri pacis tuae.  Abdiac. 1. 
Printed at Kilkenny, by permission of Superiors, and approbation of Schoolmen in the year, 1646.   

MANDATUM ILLUSTRISSIMI NVNCII ET CONGREGATIONIS ECCLESIASTICI VTRIVS QVE CLERI REGNI HIBERNIAE.  
NOs joannes Baptista Rinuccini, archiepiscopus & Princeps Firmanus apud Hibernos Confoederatos Nuncius apostolicus extraordinarius, necnon venerabilis Congregatio utrius que Cleri Regni Hiberniae, vobis RR. PP, quorum nomina inferius Scripta sunt, & cuilibet vestrum, facultatem facimus, & per praesentes pariter mandamus, ut post diligentem perlectionem secundae partis libelli, cui titulus est (a sur vey of the articles of the late rejected peace) ab eximio Domino & Magistro Gualtero Enos S. T. Doctore de mandato nostro compositi, censuram vestram & calculum pro qualitate & utilitate operis eidem apponatis, adeoque confirmetis & corroboretis, ut qui ante Autoris argumenta de iniquitate reiectae pacis in primâ parte proposita comprobastis, modò eiusdem argumenta in hac secundâ parte de invaliditate dictae pacis proposita vicissim comprobetis, ut vel inde iustitia nostrorum decretorum contra Authores eiusdem pacis orbi terrarum innotesceat. Datum Kil Kenniae 18. january 1646.  
joannes Baptista Archiepiscopus 
 Firmanus Nuncius Apostolicus.   

THe touchstone of disovering an act to be invalid is the law: the Author sincerely conferrs the treaty of peace with the Maxims of law, and finds the same lawless, consequently invalid and not obliging. This survey ingenuously traced over the iniquity of the peace, and plainly proves the invalidity. his work is learned, meritorious, and intended for our good, according lie I approve it  
FR. PATRICK PLUNKET. 
 Abbot of St. Mary's Abbey of Dublin, diffinitor & late precedent general of the Congregation of St. Malachias, and St. Bernard in Ireland.   

THis Second part of Doctor Enos his survey etc. diserues no less credit and acceptance than was attributed to the first part by the not praeiudicating opinion of  
Tho. Roth. Deane and Vicar General of Ossory   

I Am of the same opinion.  
NICOLAUS TAYLOR, 
 Sactae Theol. Doct. Proton●tar. 
 Apostolicus & Rector Eccl de Swords.   

Having perused this second part of the Survey of the late rejected peace, I think it to be no less worthy of public view, than the first, it being a plain discovery of the invalidity thereof. It needs therefore no other show, to purchase a public welcome, than the name of its learned author walter Enos Doctor of divinity. Ita censeo  
JOANNES SHE THEOL. 
 Praeb. de Main, & Vicarius Sancti 
 joannis Evangelistae.   

IN obedience to the forsaid mandat we have with diligence read and perused this second part of the forsaid Survey, wherein we find nothing dissonat to faith or good manners, but very many things conduceing to the honour and safety of faith and Religion. wherefore, as in the first part we approved the Author's arguments proveing the iniquity of the late rejected peace so we approve his arguments produced in his second part to prove the invalidity of the same peace: and accordingly we censure it no less worthy, than necessary to be exposed to public view. Dated at Kilkenny the 27. th' of january. 1646.  
Fr. Hugh Duigin Suprior of the Frs' Preachers of Kilkeny 
 Fr. Faelix Connor S. T. Professor. 
 Fr. john. O Hairt S. T. Professor   

EX Commissione Supradictâ accuratè Legimus hanc secundam part●m in qua nihil orthodoxa fidei dissonum reperitur, quin potius pro ea acertimè certat. Hoc opere, suo solito more, author animo calamoque pote●s, delirescentem alto puteo veritatem extrahit: eaque in sua basi expositâ opposita Commenta usurpato limine deturbat. Sic censemus in hoc Coonobio Sancti Francisci Kilkeniae Kalendis February. 1646  
Fr. Antonius MacGeogheganus. 
 Exprovincialis Hyberniae. 
 Et Guardianus KilKenniensis. 
 Fr. Paulus King S. T. Lector   

WE do find that the learned and zealous author according to his grounds and principles doth well show and prove the invalidity of the peace he treats of.  
William Saint Leger 
 john Mac Egan.   

To the right honourable the Lords, Knights Citizens and Burgesses of the Confederate Catholics of the Kingdom of Ireland assembled together at Kilkenny.  
REnowned Catholics  
A peace contained in. 30. Articles made ad published at Dublin. 29, julij 1646, being put under the consideration of the Venerable Congregation of the Clergy at Waterford in August last, was found unsafe for Religion, country, and the lives and liberties of the Confederate Catholics, the forts and government of this Kingdom being (by that peace) to come under an other power and that of an adverse Religion. Some cried up this peace as a blessing from God, and the period of fire, war, and desolation, and though it was reputed a blessing, yet was an army a preparing to enforce it upon us: others, (who looked nearer unto it) said it would prove fatal to Ireland and Religion, and unexpectedlie a great army (as it were of men risen out of the Earth) came from the North to oppose it. While the Soldier had sword in hand to proscribe this rotten peace, my Superiors put a pen in my hand, by way of survey to lay open to the world the iniquity and invalidity thereof. The first part of this Survey [containing the iniquity] I dedicated to the right Reverend Prelates and Congregation: the second part (speaking the invalidity of it) I address with all humility and candour to the power and great wisdom of this assembly. I will say with S. Paul; veninon in 
1. Cor. 2.  sublimitate sermonis aut Sapientiae: my language is low, my conceptions plain, my thoughts the best to Religion and Country. I doubt not, many judgements will pass upon me: some will term me precipitant, others hit, and others bitter; I can give to all the answer of S. Paul. si hominibus placerem, Christi seruus non essem. Nor 
Gal. 1.  are my lines to feed men's humour, but with reasons to overcome their understanding. I may be precipitant out of weakness of reason, and hot out of frailty of nature. but bitter I am not out of malice. If the purgation prove bitter, the Patient may not blame the nature of his Physician, but the malignant nature of his own disease. Renowned Catholics, Religion and Ireland are under your hands, you have it in your power next God, to kill or save both. I know, you all intent to make a peace; let it be a good one; I have removed a block out of your way, I mean that unjust, invalid coloured peace: union is the only way to make a good peace, or a good war; union will save you, and division will destroy you. My prayers shall ever be, ut pacis & non dissentionis Deus may be ever with you.  
I am your most humble servant 
 Walter Enos.   

Advertisements to the Reader.  
Firstnote, that the work is complete; though the pages 36. and 41. meet not together, because the work was printed in several places. 2. the number of ministers Coats mentioned pag. 12. n. 11, are but. 4. surplices. 7. and so many Robes for Doctors; they resolved to walk in station to possess our Churches. 3. the Lawyer mentioned pag. 117. n. 76. is not learned Mr. Darcy, but Mr. T. T. 4. If lay men should take upon them to Censure this work, which hath been approved by the Clergy, they are excommunicated in bulla caenae. see Tolet. excom. 9 Trid. sess. 23. c. 23. de Reformat. totam dist. 96. &. 11. q. 1. authent. ut Cleri proprios iudices conveniant. collat. 6. yet is it left free to any man to refute (if he can) the arguments produced by the Author.   

THE SECOND PART OF THE SURVEY OF THE Articles of the late rejected Peace: wherein the invalidity and nullity of the said Peace is evidently proved out of many heads or causes.  
1. IN the first part of this Survey we proved the injustice and iniquity of the said Peace by notable observations on cach, or most of the Articles included in the same peace. In this second part we further proceed to prove also the invalidity, and nullity thereof out of those heads or causes, which are expressed in the laws, and accepted as general Maxims among Divines and Lawyers; to the end the Catholic Confederates may be rightly informed how far they are exempted from any obligation to embrace such a Peace, in the contriving whereof injustice accompanied with nullity, had full and perfect concurrence. As in other Contracts, so in Contracts passed by mandate or Commission, the nullity and invalidity thereof is derived from many sources or heads. Six are 
A zor. Instit. moral. par. 3. l. 9 c. 7. ●illiuc. to. 2. tr. 39 cap. 2.  principally enumerated by Schoolmen in contractu mandati; and among those six, that nullity or invalidity, which proceeds from the revocation of their Commission, that have power to treat & conclude the contract, before they have concluded any such Contract, hath a prime place. That the like revocation of the Commissions or mandates given to the Marquis of Ormond, and to our Committee of the Treaty hath happened in the concluding of this Peace, before the same was concluded, is the point (among other) which we are to prove in the following paragraphes. In the.  

§. 1. The invalidity of the foresaid Peace is proved by the revocation of the Marquis of Ormonds' Commission given him to conclude a Peace, before the same was concluded.  
2 THis invalide and unjust Peace was indeed signed and sealed by five of our Committee on the 28. of March 1646. but never DELIVERED interchangeably by both parties until the 29. of july following: during the interjacent time it lay, as an Escroule or Scroll on the hands of the Marquis of Clanrickard without any power or force to oblige in law either parties. Though this be a truth confessed in private by the Committee of Treaty, and well known to the then Supreme Council and Committee of Instructions, yet because the knowledge thereof is suppressed from the rest of the Confederate Catholics, and that the Peace hath been published, as if the same were absolutely concluded on the 28. of March, I here think fit to discover the mystery of iniquity out of that, which I finde written by Mr. Darcyes own hand, (one of the five that signed and delivered the said Peace) on the outside of the manuscript draught of the articles of Peace delivered by Mr. Plunket & himself in Waterford to the Congregation of both Clergies; Signed and Sealed ONLY (note the exclusive partticle ONLY) 28. March 1646. anno 22. Regis Caroli, in the presence of the Lord Digby, Sir Maurice Eustace; Doctor Fennell, and George Lane, and DEPOSITED on the Marquis of clanrickard's hands till 1. May, and until the ten thousand be sent into England. Thus far one note. In another note there written, I read thus: This (meaning the Articles of Peace) was DELIVERED 29. july 1646. in my Lord's STUDY, by my Lord Lieutenant on the one part: Lord of Muskery, Sir Robert Talbot, john Dillon, Patrick Darcy, and Geoffrey Browne of the other part, witnessed by the Marquis of Clanrickard, Lord Taaffe, Lord Digby, Monsieur du Moulin the French Agent, and Daniel O Nealc. Present besides, the Earl of Roscoman, Lord Dillon, Colonel Trafford, and George Lane, etc. on the same 29. day of july, and not before, the defeasance, which passed between the Marquis of Ormond and our Committee, obliging the kingdom to send over 10000 men, were canceled, and an Instrument avoiding the defeasance then perfected & witnessed, ut supra, saith a third note written also by Mr. Darcyes own hand on the foresaid manuscript Copy.  
3. By all which it appeareth that the Peace was never concluded until the 29. of july, and that both parties did suppose the same for a certainty, aswell because they never canceled the foresaid defeasance until the foresaid 29. day of july, as also because the Marquis of Ormond, having before that day received His Majesty's letter revoking his Commission, supposing himself not to be obliged by any act, that passed on the 28. of March, rejected our Committee of Treaty, and would by no means proceed to the conclusion of the foresaid peace, affirming that his Commission was recalled and that he had no authority to treat further with them; as you shall hear as yet more hereafter. This is further confirmed by the letters of the late Supreme Council and Committee of Instructions dated at Lymericke the first of june 1646. delivered unto the Lord Nuncius, where they confess the Peace was not then concluded, but that shortly they expected the same to be both concludedand published.  
4. We press the matter as yet more eagerly: they concluded the Peace, either on the 28. of March, or on the 29. of july: If the later, we have our intention; namely, that they concluded the Peace after the Marquis his Commission was recalled, which was the eleventh of june before: if the former; 
See numb. 5.  then were our Council and Committees violators of their promise made to His Holiness His Nuntius Apostolic, and perfidious to the whole kingdom, which in public assembly promised and agreed, that nothing should be concluded 〈◊〉 agreed upon until May following. Such as are meanly versant, either by study or practise in the laws of this kingdom, know that an obligation passed by a Debtor unto his Creditor, though Signed and Sealed this month, yet bindeth not then, nor ever after, unless he also DELIVER the same obligation, and then only, and not before, it beginneth to oblige, when the obligation, or bond is delivered: how much more in our case, is it evidently convinced, that the rejected Peace began not to oblige until the time of the delivery thereof, which was on the 29. of july, and not before; seeing that in our case, besides the defect of delivery, the very signing and sealing itself was not absolute, but conditionally, that 10000 men should be sent over by the Catholic Confederates, and the Articles were not laid on the hands of either of both parties, but deposited on the hands of a third person? But in a truth so evident, & testified by so many witnesses, yea, confessed by the Committee of treaty themselves, we need not waste much time.  
5. Wherefore we are to prove that the Marquis of Ormonds' Commission was recalled and revoked before the foresaid 29. day of july; for effecting whereof we need no other evidence, than the Kings own letter which we exhibit unto the Reader word by word, as it was written by His Majesty himself.  
His Majesty's Letter to the Marquis of Ormond.  
CHARLES R.  
RIght trusty, etc. Having long with much grief looked upon the sad condition, Our Kingdom of Ireland hath been in these divers years through the wicked and desperate Rebellion there, and the bloody effects have ensued thereupon, for the settling whereof we would have wholly applied ourselves, if the difference betwixt us and our Subjects here had not diverted and withdrawn us, and not having been able by force (for that respect) to reduce them, we were necessitated for the present safety of our Protestant subjects there, to give you power and authority to treat with them, upon such pious, honourable, and safe grounds as the good of that Our kingdom did then require, But for many reasons too long for a letter, We think fit to require you to proceed no further in Treaty with the Rebels, nor to engage us upon any conditions with them after sight hereof, And having formerly found such Real proofs of your ready obedience to our commands, we doubt not of your care in this; wherein our service and the good of our Protestant subjects in Ireland, is so much concerned. From Newcastle the 11. of june 1646.  
6. Out of which letter, the Catholic Confederates may behold not only the revocation of the Marquis his Commission, but also the dangerous Condition, wherein they are, while His Majesty is so awed by the Rebellious Scot as he must say, write and do against His faithful Subjects, what ever they please to suggest unto him. Here His Majesty is pleased to call us Rebels, and our war desperate Rebellion; elsewhere (being freed from those Harpies) he calleth us His faithful Subjects, 
§. 5. 6. Glamorgans' Commission & Articles & letter 27. February.  upon whose succours (to rescue him from his present calamity) he wholly depends. Wherefore I exhort the Confederate Catholics to stand well upon their guard, and to preserve securely in their own possession and Command such Forts, Cities, Arms and Armies, as God hath prodigiously given unto them since these wars, lest His Majesty (being forced by the Scots, or Parliamentaries) should subscribe to such Commands unto Ormond, as he subscribed unto Mountrosse in Scotland, commanding him to lay down Arms, and to yield unto the Scots such Cities & Forts as by his Arms he recovered for His Majesty from them. That the Parliament hath and will endeavour to obtain such Commands from the King, we are premonished by the Vote made in the house of Commons of England 3. july 1646. where they order that a letter should be drawn up to be sent to His Majesty from both houses of Parliament, to desire His Majesty to write to the Marquis of Ormond in Ireland to SURRENDER up several holds and places of strength in that kingdom possessed by his forces, to such hands, as both houses of Parliament shall nominate and appoint: and a Committee was named presently to draw up the said letter. Now in case the King be forced to send such a Command unto the Marquis; what assurance have the Confederate Catholics that he will not forthwith yield obedience to such forced Commands (as he yielded to the above letter) and deliver up unto the Parliament not only what Cities, Towns, and Forts, he hath in his own Quarters, but also such Cities, Towns, Forts, Garrisons Armies, and Magazines, as should be transferred to his government, Command and trust by the Confederate Catholics? It's known, that the Marquis is of the same profession with the Parliament; that since these wars he hath continual Commerce and mutual correspondence with them; private letters, messages, and Agents passed between him, the Parliament and the Scots; that he never used any act of hostility against either; nay since the Clergy and their Adherents (the Confederate Catholics) have opposed this Peace, he hath sent several Agents aswell unto the Scots, as unto Insequin and the Parliament, praying them to send him succours, and actually entertained some of the Parliament Commanders in Dublin, and entrusted them with places of Command within that City; yea, had actually delivered not only that City, but all other Cities and Forts etc. in his Quarters to the Parliament, if the Parliament vouchsafed to intrust him with the government of the kingdom; and to grant unto him such Conditions, as he expected: for procuring whereof (it is thought) Sir Francis Willoughby (whom the Marquis sent over before to the Parliament) is now gone over again with the Parliament Commissioners to elaborate the business. I appeal then to all disinteressed Divines, whether the Catholic Confederates may in such a case transfer from themselves (who have sworn allegiance and fidelity to their Sovereign, and particularly to keep secure such Forts and Cities, etc. for His Majesty's use) unto one so suspected, the government or Command of the same Cities, Forts, Armies, etc. seeing in so doing they do probably hazard Religion, King, and Country. If neither Parliament nor Scot will intrust his Excellency with the chief government of the kingdom, though he be of their profession, nor entertain him, as their servant, shall the Catholics, (unto whose Religion he is a sworn Adversary) inttust him not only with such a government, but also entertain him, as their Lord and Master? This I speak not (God be my judge) for disrespect to so noble a personage, who (if he followed the steps of his noble Catholic progenitors, and were disengaged from wicked Council) might well deserve such honour; but to discharge my conscience in a matter of such importance, as concerneth the security of Religion, King and Country.  
7. As this letter was dated, so was it delivered and communicated to the Lord Marques long before the 29. of july, when (and not before) the Peace was concluded; wherein I 
The revocation communicated to the Marquis before the 29 of july.  call as witnesses the conscience of those very noble persons, who concluded, and joined in concluding this peace. Nay, the same hath been confessed unto me even by some of them, that subscribed unto the peace. But the account, which Mr. Browne gave unto the late Supreme Council at Limericke after his return from Dublin in the month of june and his public narration or declaration of the answer received from the Lord Marquis in Dublin, puts the question out of all doubt, wherein he declared that the Lord Marques his Commission was confessed by himself to have been recalled, and that therefore he could conclude no peace with us. His return then without effecting any thing, and the very original letter above mentioned shown to Mr. Browne and others by the Lord Marques, doth confirm it.  
8. It may be answered that the Lord Digby brought over some new Commission from France authorising the Lord 
An objection preoccupated.  Marquis to proceed in the peace. But this is as easily denied, as it is affirmed without appearance of truth; it being most certain (and so signified by letters from Paris, to the Council and Congregation) that the Lord Digby never saw the king, nor received letters from the king, from the time he left Ireland until he returned back; how then could the Lord Marques his Commission be renewed? some letters are said to have been brought over by the Lord Digby in Ciphers, the interpretation whereof must be received from the Lord Digby only. But this may carry as much truth as the former; and though it were true, yet have the Confederate Catholics no reason to give credit (in a matter of such high concernment) to such Interpreters; but supposing all were true, it would never be able to render the peace concluded the 29. of july valid; forasmuch as the same peace is grounded on the Commission given unto the Lord Marques 24. junij 1644. and the 20. year of His Majesty's Reign, which (as you have heard) was recalled before the foresaid 29. of july, and not on the new imaginary Commission brought over by the Lord Digby; wherefore if they would render the peace ought worth or of any validity in law, they ought to ground the same on this new Commission, and not on the old: or if this new Commission were a Continuation, or a reintegration of the old, both should be inserted in the Articles of peace, if they intended to conclude any valid or solid peace. Shall I speak the truth in simplicitate cordis mei? as that peace alone was concluded, which pleased the Marquis of Ormond, and all other peaces, that pleased God and man, king and Country were rejected: so than was the peace concluded, when it pleased Ormond, namely when her and his pretended Protestants could no longer subsist, their brethren (the Scots and other Parliamentary Rebels) being reduced to nothing in Ulster and Connaught. while these monsters could crawl, the conclusion of any peace was protracted; while Bunratty was in despair, Roscoman and other places in Connaught in defiance against the Confederate Catholics; then the Marquis his Commission was recalled; but when the Catholic Confederates recovered all these places, and gained two glorious victories against the Enemy, than this demortued Commission was suddenly revived, and a peace was concluded upon, maugre all the resistance of the Lord Nuncius and Clergy, or the soundest part of the Council and Committee, of several acts and protestations made by the whole kingdom in the assemblies held in August, and February 1645. But, qui habitat in coelis, irridebit eos. Eijce ancillam.  
Heresy hath already too long tyrannised in Ireland more in 
Psal. 2. 4. Gal. 4. 30.  the following paragraph, and paragraph 3. numb. 13. where the king by his Declaration (or at least by that Declaration, which was set forth under his name) is content to leave the managing of the business of Ireland wholly to the two houses of England, which if the Reader please to compare with the vote of the Commons above mentioned numb. 6. He will find that the Catholic Confederates are like to lose to their king and themselves all Ireland, if they part with the government of such Cities, Forts or Garrisons, as are in their Quarters or with the Command of their armies etc. to any, that is not a swor●● Confederate Catholic.   

§. 2. That neither obligation of law or honour, utility to His Majesty, or necessity of the kingdom, did induce our Council to conclude this Peace.  
9 THat no obligation of law did enforce our Committee to conclude this peace is evident by what even now we expressed in the foregoing paragraph: for if the articles, though signed and sealed on the 28. day of March, yet remained still as a scroll until the 29. of july following, at which time, and not before, they were delivered and begun to oblige; then is it certain that during that interval our Committee were free, and at their own liberty to perfect, or not perfect, conclude or not conclude the said Articles, yea they could not with integrity of conscience and discharge of the trust imposed on them, proceed to the delivery or conclusion of the said Articles, being informed that His Majesty had now recalled the Marquis his Commission, authorising him to conclude a peace; it being a Maxim generally received aswell in the laws of England as in the Cesarean or Common law, extingui mandatum per revocationem mandantis; that a Commission given to any is extinguished by the revocation thereof, and out of the extinction of the Commission followeth the extinction also of all obligation to pursue the contract, nay we shall show hereafter, that the Commission given to our Committee to conclude this rejected peace was not only invalid but also sufficiently recalled before any such peace was concluded. Wherefore we may without difficulty conclude that no obligation of law did enforce our Party to conclude this peace. As then the Lord Lieutenant did recoil from those articles, which he himself signed and sealed, esteeming himself not to be obliged by any such signing and sealing to deliver the same, so hereafter (in case we were brought to that fool's Paradise to accept the peace, and he once possess our Armies and garrisons) he will likewise recoil, and tell us, when we look for performance of the Articles; Sirs, my Commission was recalled when I concluded this peace with you, what I have done therein was grounded upon no authority, and therefore invalid, wherefore I am not obliged, neither will I stand to th● articles therein concluded.  
10. The obligation of law being thus extinguished, undoubtedly the obligation of honour, which is grounded thereupon was also extinguished. This I add, because I have heard some of our Committee of Instructions ingeniously confess, that they had never consented to proceed unto the conclusion of that peace, if they had thought, they were not obliged thereunto by Law and honour, of which ignorance I marvailo they were not freed by those among them, who were skilful in the laws: they themselves might observe in the Marquis of Ormonds recoiling from the Contract, that he held himself not bound either in Law or honour to conclude the same; why then should they think themselves more bound than he? if there was any obligation, it was also mutual; so as the Marquis could not be free, unless ounr party were also free; If our Council and Committees would needs insist so much upon honour, they should rather in honour desist from the conclusion of any peace with his Excellency, seeing they were so fooled by him, as having received their monies, to the value of three thousand pounds (as is said) to supply his present necessity, he without any respect to such favour done him, or to the precedent obligation of signing and sealing the peace, rejected them and denied to conclude any peace with them. Wherefore in very deed the conclusion of that peace did redound rather to their dishonour than honour; and the giving of so much money to the Marquis was to disgrace and pray the Country. Questionless no good Catholic would ever contribute any money to purchase such a peace. I wish this dishonour were confined within the bounds of Ireland only.  
11. That utility to our Sovereign could be no motive to our Committee of the treaty to conclude such a peace is also evident, in as much as the Carholiques at home observing the iniquity thereof tending directly to the maintenance of their sworn Enemies and their own destruction, had been thereby wholly disheartened, and deterred from giving any aid to His Majesty either in their persons or means; and the Catholic Princes and Prelates abroad had likewise wholly substracted their succours, deeming it against Conscience to concur to the preservation of heresy. And what can more dishearten the Catholics of Ireland, than to see their service, their Contributions, their prowess and fidelity so vilipended, as they may not be permitted to enjoy those privileges only and immunities, either in spiritual or temporal, which are due unto them by their birthright and which by the ancient fundamental laws of the kingdom they ought quietly and peaceably to enjoy? much more might be here said, particularly touching the danger, whereunto our Sovereign had been exposed, if the possession of his Forts and Command of his Armies had been given to any, but to such as are Catholics. Whereof else where. That 
See part. 1. sup. art. 25. 28.  the necessity of the kingdom should induce the Committee of the Treaty to make this peace, it may not be, seeing the kingdom was never in a better posture to defend itself, or in greater hopes to chase away, and destroy the Enemy, than it was, when our Committee concluded this fatal peace, as you have, and shall hereafter hear more amply. Certainly if the hindrance of the prosecution of our victories against the Enemy be a disprofit and detriment to His Majesty (as sure it is) the concluding of this peace (where such hindrance followed) must be necessarily a disprofit and detriment to His Majesty. Wherefore we may rightly conclude, that neither necessity on our part nor utility on the King's part, nor obligation of law or honour did induce our Committee to the conclusion of this peace. Had our Council and Committees showed the same resolution, and used the same endeavours to procure the acceptance of the Earl of Glamorgans' honourable and just peace in the Enemy's Quarters by force and arms, as they used to procure the acceptance of the Marquis his dishonourable and unjust peace in the Confederate Catholics Quarters, than had the purity of their intentions been revealed, and their endeavours applauded. St autem ●culus tuns fuerit nequam, totum corpus tuum tenebrosum erit. The Marquis of 
Math. 6. 23.  Ormond his Protestant party had more zeal (licet sine scientia) to secure their new sect, than our Council or Committee had to seenre the Catholic Religion. The Protestants would rather lose their eyes (and life to) than join with them in settling Glamorgans' peace within their quarters, because they held it destructive to their sect; yet they must join, with the Proterestants to settle within the Catholic Confederates Quarters Ormonds peace, though they could not be ignorant, how it was destructive to the Catholic faith. Eighteen black Coats belonging to Ministers were found among the rest of the luggage, which were left in the Castle of Kilkenny after the Marquis his retreat to Dublin. Factum est hoc ad insidias, sanctificationi, & in diabolum malum in Israel. 1. Machab. 1. 38.   

§. 3. The Marquis of Ormonds his Commission tacitly recalled in january 1645. The objection made that the revocation of the Marquis his Commission was enforced, is resolved.  
12. IN the declaration made by His Majesty the 29. of january 1645. recalling the Earl of Glamorgans' peace, His Majesty promiseth to make and peace with the Irish without the consont of the Parliament; this declaration coming to the knowledge of the Marquis of Ormond, and of our Council and Committees before the 28. of March, was (at least) a tacit revocation of the Marquis his Commission, even before the very signing and sealing of this Peace: wherefore neither of both ●●ties ought (after notice thereof) proceed to the signing and sealing of the same peace. Our Committee was inhibited by the assembly, to conclude any thing in the business until May; the Marquis receives the King's declaration, that he will proceed no further in any peace with the Irish, without consent of the Parliament; notwithstanding all this, both parties proceed in the peace. Yet as soon as ever the same revocation appeared, our Council and Committee forthwith desisted in the prosecution of Glamorgans' Peace, though it was known to have been not only invalid, as coming after the mandate was executed; but also to have been surreptitious and framed by Glamorgans' Adversaries, and the Adversaries of the Catholic Confederates: nothing (though ever so valid) was powerful enough to stop or stay our Council and Committees from concluding Ormonds unjust peace: any thing (though ever so invalid) was powerful enough to stop them from prosecuting Glamorgans' just and honourable peace. If our people did prefer the advancement of the Catholic faith before their own private interest and inordinate affection to private persons; they should set upon them that opposed Glamorgans' peace with as much vigour, as ever they set upon the Scot or other Parliamentaries, especially when such persons were informed by special letters from his Majesty that such a Commission to conclude a Peace was given to Glamorgan. Yet from hence we deduce this argument a minori ad maius: If Glamorgans' peace was cenfured invalid, because it was revoked by His Majesty, though the revocation was not made until after he executed his Commission▪ how much more invalid is the Marquis his peace, seeing his Commission was revoked and recalled by His Majesty expressly before the Marquis put his Commission in execution, and implicitly before it was inchoatively attempted to be put in execution? That is worthy the observation, when our Council and Committees doubted not of the conclusion and acceptation of Ormonds' peace, they slighted and contemned Glamorgan and his peace; but when they saw the Clergy and kingdom would by no means accept of Ormonds' peace, than did they begin to look on Glamorgan and his Peace, and to colour their own proceedings they would make us believe, that in Ormonds' peace there was a relation unto Glamorgans'. Whereupon Glamorgan (to fit them in their own policy) told them, the Conditions were not observed, and that therefore he was not obliged, therefore would not stand to the Articles passed between him and them; which he said to no other end, than to affront them, that would affront him, and let them know comprehenduntur in consilijs quibus cogitant.  
13. It will peradventure be answered that His Majesty was not then sui iuris, at his own liberty and freedom of will or power, when he recalled the Marquis his Commission, being indeed then in the hands of the Scots. Whereunto we reply, that his Excellency the Marquis accepted His Majesty's revocation proceeding from him as being in pleno iure, in his own full and free liberty, and yielded obedience thereunto, notwithstanding a precedent double tie, which obliged him to go forward, to wit, the signing and sealing of the Articles of peace on the 28. of March before, and the receiving of three thousand pounds (or thereabouts) from the Council, not long before, on hopes to conclude such a forlorn peace. It's against the rule of justice (which requires equality on both sides) that the Confederate Catholics should be tied to stand to the peace made with the Marquis, notwithstanding any revocation, and that the Marquis should be fast and loose, and at his own liberty, when he please by accepting the revocation to annul the Peace, and by rejecting the revocation, to render the same valid and of full force. Montrosse in Scotland received Commands from His Majesty (being in the same condition with the Scots, that he was, when he wrote this revocation of Ormonds' Commission) to lay down arms etc. whereunto he yielded obedience, supposing His Majesty to be, even then, sui iuris: of which precedent, we doubt not, the Marquis of Ormond will make use, when he is disposed (upon any advantage) to invalid or make void the Articles of the rejected peace. That the Marquis hath already resolved to yield perfect obedience to that revocation is (at least indirectly) insinuated unto us by the six Agents sent from Kilkenny to Waterford 
Psal. 2. 4. Gal. 4. 30.  in the reasons given by them to the Congregation, why they concluded the peace, where they say, that the Lord Lieutenant conceiving that what cometh NOW from His Majesty is not his free act, is resolved to give no obedience thereunto: So as this disobedience is in ordine ad futura mandata, looks upon all Commands that shall come after that time, namely, after the month of August last, and not on the Commands, that came before, among which was that revocation of his Commission to make a peace. These words expressed in the foresaid declaration, recalling Glamorgans' Commission makes this matter more dangerous: that a messenger (saith His Majesty writing to the Parliament) be immediately sent for Ireland to prevent any accident that may happen to hinder His Majesty's resolution of leaving the managing of the business of Ireland wholly to the two houses, and to MAKE NO PEACE there, but with their CONSENT, which in case it shall please God to bless his endeavours in the treaty with success, His Majesty doth hereby engage himself to do. Who knows, but the forementioned messenger hath been accordingly sent to the Marquis commading him, even then, to make no peace? Incidit in foveam, quam fecit. this declaration is thought to have been made by Digby and others in Dublin to destroy Glamorgans' Peace, yet being well examined, will prove as destructive to the Marquis his own peace.   

§. 4. The invalidity of the peace proved out of the Marquis his Exceeding his Commission, and not observance thereof.  
14. IF he, that hath a Commission or command to do any thing, shall exceed his Commission, he doth nothing that is valid or firm, 
Azor. Instit. moral. par. 3. l. 9 q. 6. quaesito 4. Fillinc. trac. 39 Cap. 2.  saith the law, whereof in the paragraph more amply, herein we conceive the Marquis transgressed this commission namely in granting by the 15 article of the rejected peace an act of oblivion unto all his Majesty's subjects, therein comprehending the Rebellious Scots and Parliamentaries, whereas his Commission extends only (as we collect out of the preface of the articles, where mention is made of his Commission) to the confederate Catholics, nay his Majesty by his letters dated the 16. th'. of February 1644. gave express order to the Marquis of Ormond to seek to renewe the Cessation with the Irish for a year: for which (saith his Majesty) you shall promise the Irish (if you can have it no cheaper) to join with them against the Scots and Inchequin: for I hope by that time, my condition may be such, as the Irish may be glad to accept less, or I able to grant more. mark (I beseech you) the Irish (in obedience to his Majesty's desire) continued the Cessation for a year and a half after, yet all that while did not the Marquis join with them against the Scots or Inchequin. To gain only a years Cessation his Majesty was pleased that the Marquis should join with us against the Scots and Inchequin: Our Council and Committees have not only consented to a cessation, but have also made a peace, and yet have not obliged the Marquis to join with them against the Scots or Inchequin. Indeed the Marquis and our Committee have played the part of good Chapmen for his Majesty, but their negotiation cost his Majesty the loss of England, if he, by whom king's reign, repair not the loss.  
15. In the Diurnals of the Assembly held in August, 1645. I read that the Marquis of Ormond by his letters sent from Dublin to the assembly then held at Kilkenny, and there read 18. augusti 1645. declared unto the Confederate Catholics, that the Rebellions Scots of the North were advancing forward with their Army, and therefore prayed the said Confederates to send their arms and forces to gether with six week's means to be joined with his forces: he prayed also he might be Commander in chief of both forces, and that the Catholic armies might be subordinat to his Commands. The Confederate Catholics, not esteeming any Machivilian policy, (which herein they might foresee) but being carried away with the firm allegiance they ought their King, and fervent desire they had to advance his service, by universal and unanimous vote condescended to the Marquis his request, and gave him with all, in money to assist his majesty in that expedition 3000-pounds. The monies were received by the marquess (as then was bruited) the Catholic confederates provided on their parts; but neither then nor after would the marquess of Ormond ever go into the field either with his own forces aparr, or joined with ours, against the Scots. nay if we may give credit to the probable conjectures and strong presumptions of many, his Excellency had some influence and concurrence in the invasion made by the Scots into Conaught, and other parts of Ireland, and it was observed, that upon such invasions and other defections of the Enemy, his Excellency endeavoured to draw our people to this unjust peace, objecting unto us; how could we resist so many Enemies? wherein he had enough of mercenaries in our own bosom, who played the advocates for him see more §. 5.  
16. It is also observable, that our Council and Committees had notice of the forsaid letter dated 16. February 1644. the next july following, yet did they neither publish it, nor make use thereof in the treaty of peace by causing the marquess to join with them against the Scots or Inchequin according to his Majesty's direction, either aftet the peace was concluded or before, during the continuance of the Cessation: see above in the first part, and in the Marquis his answer to our 7. and 8. proposition, where every impartial judgement may discover how far the Marquis was from giving obedience to his Majesty's directions in this particular; and what marvel is it, he favour, affect and cherish those, who Were then used as instruments to persecute the Catholics, and now lately called upon by the Marquis himself to assist the heretics of Dublin? The king (as you may see by this letter) was glad to give us a remuneration for condescending to a Cessation, being then necessitated; but our Committees would take no notice thereof; they evermore cast the necessity on ourselves, and in lieu of accepting graces from his Majesty, they wasted the monies of the kingdom on the subject.  
17. Our distressed sovereign by his missive of the 16. of April 1646. advertised the Marquis of Ormond, that he received very good security, that he, and all that did, or should adhere unto him, should be safe in their persons honour, and Consciences in the Scotish Army, an that they would really and effectually join with his Majesty for his preservation, and employ their armies and forces to assist him, with whose assistance, and with the conjunction of the forces under the Marquis of Montrosse in Scotland he would endeavour to procure an honourable and speedy peace in England, which resolution he prayed the Marquis of Ormond to communicate to his Council and his loyal subjects with him. Among these loyal subjects it pleased the Marquis of Ormond to register Major General Monro, unto whom by his letters dated 21 may 1646. he communicated the king's forsaid resolution in this dialect, Sir having this morning rereived a dispatch from his Majesty, and command to impart it not only to his Council, but to all his loyal subjects, I am confident, you have so good a title to acknowledge thereof, as I have held it my part instantly to dispache it unto you by an express, and so sir, wishing you all happiness, I rest, your assured humble servant. Ormond. here I observe first that Monro, and such other Cou●nantiers (who have sworn the oath of Covenant against the king, and his Monarchy, and made war these four years passed against him, are in Ormonds' Calendar Loyal subjects, though (in his Majesty's Calendar) they be notable Rebels, and therefore he admonisheth Ormond 
King's letter 27. febr,  to join in arms with the Irish against them; from whence this sequel may be rightly deduced, to give the government of the Cities, forts. etc. within our quarters, or the Command of our armies unto Ormond, is in effect to give them unto Monro, and his fellow Covenantiers. 2. I observe that the Marquis joined with the Scots against us, whereas the king commanded him to join with us against them. 3. I observe, that the Scots in England have been so far from joining their forces, with our party (the Marquis of Montrosse in Scotland) as they have made him lay down his arms, and render unto them what forts, Cities. etc. he had in his possession; Noah better security or effects may the Confederate Catholics expect by any conjunction with Ormond if therein he shall have the chief Command or government. Other observations I omit, having heard before the impression hereof some good news of Leslyes' conjunction with Antrim, and of a happy victory by them obtained against the Parliamentaries. God grant it be true. To concur with the English Parliament to dethrone their own natural sovereign, who hath been the greatest honour that ever Scotland had (considering the amplitude of his dominions) is a thing so Unnatural, as heaven and earth may be astonished at it. 'twere better be subjects to him, than slaves to his Rebellious subsects, the Parliament, dixeruntque omnia ligna ad rhamnum, veni, & impera super nos. for the Scots forwarning 
●udic. 9 14.  herein, and the incitation of all faithful subjects to take arms against that rebellious merciless Parliament of England, I will presume on the Readers favour to licence me to.  

A difgression, wherein the Parliament of England hath manifested their impudency against the Scots, and their horrid treason against their and our natural liegelord.  
QVEREES, TO FIND OUT WHO IT IS THAT HOLDS OUT IN ARMS AGAINST THE STATE OF ENGLAND,  
seeing the King is our prisoner, as in the Scottish Army, who by contract are our servants and our Army, and therefore not to do what they list, but what we command them, seeing they receive pay from us as mere mercinaries, and serve not freely as brethren; therefore if our State representative, the chosen Commons of England assembled in Parliament, shall give Order to the State of Scotland for that King presently to disband all his Forces in England, Ireland, or elsewhere, and to deliver up all Towns and Garrisons unto our State's hand;- Quere, I say if it be not done thereupon, if we may not conclude, that it is the Scots hold up Arms against our State, for the King being our Prisoner, and in their power (our servants) hath no power, but must do as they will, and they will do as they list for him.  
For if they of themselves can prostrate their own opposite arms of Montrosse, &.- and put his name thereto for a colour, as if done by him, or enforce him to do it, to colour their doing why not the same form upon order from our State aforesaid,- why, oh English States is not this assayed, to discover who it is that holds up arms against you?- for what power hath one man that is in the power of others? And if our State will not give order for the same what may we not conclude there of? must the lives and estates of men be sacrificed to the wilfulness of any? But our State performing their parts, we shall apparently see where it rests, for how can the King hinder what they please to do?  
Do not these that are celled the French and Spanish States, what them please,- & put.- or their King must put their names thereto, to culour it, that the State may not be seen in it, but it may pass as if their King's act, not theirs.- Can any be so simple to think their Kings may or can rule a State.- which is as much as the wisest State can do.- In short it is the States do all, and so do the Scot, and so ought our State and not let the weal, safety, happiness, prosperity and being of a Kingdom or kingdoms, and millions of lives therein, lie at the will, or the Wilfulness, folly, or madness of one man, whom they call their king, though the Parliament of England in their late letter to him when he was at Oxford, doetell him plainly, that he is guilty of all the innocent blood which hath been now shedin all the three kingdoms.  
Oh therefore, let not the world ieerus, that our prisoner can use his keepers as his prisoners, etc. Who hath stood it out in open Hostility as long as possible he could, against his Earthly Sovereign, Lord, king, and Creator, the state Universal; Whose legal and formal representative, the Parliament, (he hath unnaturally, wickedly, unjustly, and irrationally) proclaimed Traitors and Rebels for doing their duty in endeavouring the preservation of those that trusted them, from the ruin and destruction endeavoured and intended to them by him, their rebellious servant.  
How can it be properly said, that the Engish Creator, the State of England, can commit Treason agasnst its own mere creature, the king? If it be treason to assist the king with men moneys, arms and horses in this his unnatural War and Rebellion against the Parliament and people of England, as the Parliament hath often declared, then is it not the height of Treason for any of the Parliaments Armies privately to treat with him, and to receive him, into their Army, and there protect him (from those who requite him and have right to him) and to disposc of him, yea, and afford him elbow room and liberty to send Messages and Embassages to Denmark, Holland, France, Spain and Ireland, or whether he pleaseth, that so he may lay new designs for the utter subversion and destruction of th● State and kingdom: Oh the height of. etc. no longer to be put up, borne, or suffered by trusties that desire to approve themselves faithful to their trusters.  
London August. 16 46.   
19 Read all histories, ●acted and profane, revolve all Chronicles domestic and foreign, and tell us, if you have, or can find any treason so abominable, any rebellion so odious to God and man, any Apostasy so detestable to heaven and earth, as is this damnable treason, rebellion, and apostasy of the titular Parliament of England? It is not enough to be perfidious to their king, burr they must be also blasphemons against God, by making themselves Creators. Here monarchy is ablegated, anarchy introduced the Lords anointed made slaves to their subjects, and their subjects raised to no less dignity, than to earthly sovereigns, Lords, Kings, Creators, the stato universal. Their fellow subjects (the Scots) are their mercenaries and servants, not their Brethren, and the Irish are unto them opprobrium hominum, et abiectio Plebis. But pride and confusion, disobedience to Princes, and treason against them and their monarchy is a property inseparable from modern heretics wherefore we must not admire that D. Garrier sometime a Protestant and Chaplain to k. james burst forth into these words. I can not be persuaded, that they ever will, or can join together to advance your Majesty, or your children, further than they may make a present gain by you. They are not agreed of their own Religion, nor of the principles of universal and Eternal truth; & how can they be constant in though Rules of particular, and transitory honour? Where there is nullum Principium Ordinis, there can be nullum principium Honoris: such is their Case. There is a voice of confusion among them as well in matters of State as of religion. Their power is great, but not to edification, but to destruction: They join to gather only a 'gainst good Order, which they call the Common Enemy? and if they can destroy that, they will in all likelihood turn their fury against themselves, andlike Devil's torment, like Serpents devour one another. In the mean time if they can make their Burghers, Princes, and turn old Kingdoms into new States, it is like enough they will do it: but that they will ever agree together, to make any one Prince, King or Emperor over them all & yield due obedience unto him further, then either their gain shall allure them, or his sword shall compel them, that I can not pursued myself to believe. And therefore I can not hope that your Majesty, or your Posterity can expect the like honour or security from them, which you might do from Catholic Princes, if you were joined firmly to them in the unity of Religion.   

§ 5. The Marquis of Ormonds' Commission enlarged by his Majesty, but his Command not executed.  
20. When the Marquis of Ormond dispachd Agents unto the Parliament demanding succours from them against the con, federat Catholics of Ireland, It is said, S argeant Eustace (to cloak that treason) publicly declared in the dismembered Parliament of Dublin, that as it was lawful for every man even by the law of nature to defend himself against the violence of unjust Assailants, so was it lawful for the king's Lieutenant, and the kings privy Council in Dublin (for their own defence) to look for succour from the king's Enemies, (the Parliament) against the king's subjects the Irish, who were in a violent and hostile manner to assault them. letting this pass for an hyperbole, the Catholic Confederates do briefly affirm, that they were no assailants, but defendants of their lives, religion, liberties, and estates against their fellow subjects, and particularly against the chief Ministers of justice, who following the steps of their Predecessors tyrannically governing, made use of all the projects, that michievous policy could invent to deprive them of their lives, religion, liberties, and estates, wherein they have been so exorbitant, as neither the authority of the ancient fundamental laws of the kingdom, nor the kings own Commands could prevail with them. Here we must descend unto particulars, and especially to the kings Commands sent unto the Marquis of Ormond enlarging his power for the speedy conclusion of a happy peace.  
21. The impossibility (saith his Majesty writing to the Marquis of Olmond) of preserving my Protestant Subjects in Ireland, by a continuation of the war, having moved me to give you these powers and directions, which I have formerly done" for the concluding of a Peace there, and the same growing daily much more evident, that alone were reason enough for me to enlarge your powers, and to make my Commands inthe point more positive. But besides these considerations, it being now manifest, that the English Rebels have (as farras in them lies) given the command of Ireland to the Scots; that their aim is at a total subversion of Religion and Regal power, and that nothing less will content them, or purchase Peace: here I think myself bound in Conscience not to let slip the means of settling that Kingdom (if it may be) fully under my obedience; nor to lose that assistance which I may have from my Irish Subjects for such scruples as in a less pressing condition might reasonably be stuck at by me: For their satisfaction I do therefore command you to conclude a Peace with the Irish, whatever it cost, so that my Protestant Subjects there may be secured, and my Regal Authority preserved; But for all this you are to make me the best bargain you can, and not discover your enlargement of power till- you needs must. And though I leave the managing of this great and necessary work entirely to you, yet I cannot but tell you, that if the suspension of Poynings Act for such Bills as shall be agreed upon between you there, and the present taking away of the Penal Laws against Papists, by a Law will do it; I shall not think it a hard Bargain: so that freely and vigorously they engage themselves in my assistance, against my Rebels of England and Scotland, for which no conditions can be too hard, not being against Conscience or Honour.  
22. Many things are here to be carefully oberued by the Confederate Catholics. first that this letter or enlargement of the Marquis his power was never communicated unto our Council or Committees (though then, and after in atctuall treaty with him for a peace, by virtue of a former Commission given him by his Majesty the 24. th' of june before) until the same was put into the press by the Parliament, who found the same in his Majesty's Cabinet in the battle of Nasby; from the print of London it was sent into France, and there sent by accident into Ireland. yet the revocation of the Marquis his Commission by the letter of the 11. of june above mentioned was forthwith and without delay communicated unto us by the Marquis, and so punctually observed as no precedent obligation passed between him and the Confederate Catholics could induce him to go forward. By which the Confederate Catholics may with resentment take notice, how little beholding they have been unto the Marquis of Ormond for any graces or favours showed them by him, though his favourites have extolled his imaginary favours done the Country beyond measure. 2. Whether the Kingdom have more cause to conceive jealousy (in this respect) against the Marquis, who (as you may behold in the letter) had some Commands not to discover the enlargement of his power till he needs must, than against the then supreme Council, who receiving this letter in july or August 1645. did never to this day reveal or publish the same unto the kingdom. whether this was done by them, because they were then actually concluding a peace (in huggar muggar) with the Marquis and therein resolved to reject these royal graces of the repeal of the penal laws, and suspension of Poynings act, and therefore would not discover these graces, lest their own remissness in the cause of God should be likewise discovered: or for what other cause they did it, 'twere fit to bring into question. 3. we are to observe with what confidence the Marquis proceeded with our Committee, with whom he doubted not to conclude a peace on more abject Conditions than the king himself did grant unto them. 4. That as Sir William Parsons and the rest of the Rownd-headed privy Council of Dublin did suppress from the Country the graces sent over into the Chtholike Confederates of Ireland the August before the first of these Commotions; so our own entrusted Catholics suppressed these other graces granted unto us by his Majesty since these Commotions. inimici hominis domestici eius. 5. out of all which you may further observe the hypocrisy of some great ones in Dublin; who (to cloak their disloyal recourse for succours to the Parliamentary Rebels) gave out that they were forced thereunto for their necessary defence against the Confederate Catholics: whereas it is is most certain if the Marquis had granted unto us what the king commanded him by this letter, and not given (for his own private ends, to the kings irrecoverable detriment) impediment to the Earl of Glamorgans' articles of peace; the Catholic Consederats had joined with arms and hearts in so happy a peace, and (by God's blessing) they had (with the hazard of their lives, estates, and fortunes, together with the aids of foreign Catholic Princes and Prelates) prevented and preserved his Majesty from the deplorable condition wherein now he is; and chased out the of three kingdoms his sworn enemies. In a word the Marquis, and those of Dublin sent unto the king's Enemies for succours, not to defend themselves as they pretended; but to defend their obstinate disobedience to the king's Commands; and their inordinate desires to preserve these pernitions heretics who are known toside with and swear for the Parliament; wherefore the Confederate Catholics did discharge their duty to God, and their allegiance to their king in setting upon such disloyal Refractories wherein they proceeded (Like faithful subjects) in a defensive way, endeavouring to maintain the present grants and graces, which their gracious Sovereign conferred upon them, and the ancient fundamental laws of the kingdom, chiefly that of Magna Charta, wherein their, religion, liberties, lives, and estates have been secured unto them; for defence Whereof millions of noble Catholic subjects in England in former ages have sacrificed their lives and fortunes, and taken up arms, even against their own sovereigns: how much more justly might the Confederate Catholics, (for defence of the same laws) take up arms against their fellow subjects, who, as they have rebelled against God by repealing those ancient fundamental laws and establishing new destructive to the Catholic faith; so have they, and still do rebel against the lords anointed their liege lord and sovereign, by disobeying his lawful Commands; and attempting the ruin of him and his royal issue. But these observations on that letter are extrinsecall; in the fol. lowing paragraph we will present the Reader with other observations that are intrinsecall.   

§. 6. His Majesty's Confidence in the fidelity and assistance of the Confederate Catholics. Parliamentaries justly branded by his Majestle for Rebels, and their actions Rebellions.  
23. Before the forsaid letter of the 27. th' of february was written and sent by his Majesty to the Marquis of Ormond, his Majesty wrote and sent three other letters unto him, whereof the first was dated December 15. 1644. and continueth what followeth.  
As for Poynings Act, I refer you to my other Letter: and for matter of Religion, though I have not found it fit to take public notice of the paper which Brown gave you, yet I must command you to give him, my L. Muskery and Plunket particular thanks for it, asluring them that without it, there could have been no peace; and that sticking to it, their Nation in general, and they in particular shall have comfort in what they have done: and to show that this is more than words, I do hereby promise them, (and command you to see it done) that the Penal Statutes against Roman Catholics shall not be put in execution, the Peace being made, and there remaining in them due obedience; and further, that when the Irish gives me that assistance which they have promised, for the suppression of this Rebellion, and I shall be restored to my Rights, than I will consent to the Repeal of them by a Law; but all those against Appeals to Rome, and Praemunire must stand, all this in cipher you must impart to none, but those three already named, and that with injunction of strictest secrecy: so again recommending to your care the speedy dispatch of the peace of Ireland, and my necessary supply from thence, as I wrote to you in my last private letter, I rest.  
24. The second letter is dated from Oxford 7. january 1644. and containeth what followeth. The Rebels here agreed to Treat; and most assuredly, one of the first and chief Àrticles they will insist on, will be, to continue the Irish war, which is a point not popular for me to break on; of which you are to make a double use: First to hasten (with allpossible diligence) the Peace there, the timely conclusion of which will take off that inconvenience which otherwise I may be subject to by the refusal of that Article upon any other reason. Secondly, by dextrous conveying to the Irish the danger there may be of their total and perpetual exclusion from those favours I intent them, in case the Rebels here clap up a Peace which me upon reasonable terms, and only exclude them; which possibly were not councelable for me to refuse, if the Irish Peace should be the only difference betwixt us, before it were perfected there. These I hope are sufficient grounds for you to persuade the Irish diligently to dispatch a Peace upon reasonable terms; assuring them, that you having once fully engaged to them my word (in the conclusion of a Peace) all the Earth shall not make me break it.  
But not doubting of a Peace, I must again remember you to press the Irish for their speedy assistance to me here, and their friends in Scoland; Myintention being to draw from thence into wales (the Peace once concluded) as many as I can of my Protestant armedsubjests, and desire that the Irish would send as great a Bodyas they can to land about Cumberland, which will put those Northern Counties in a brave condition; wherefore you must take speedy order to provide all the Shipping you may, as well Dunkirk as Irish Bottoms; and remember, that after March it will be most difficult to transport men from Ireland to England, the Rebels being masters of the Seas. So expecting a diligent and particular account in answer to this Letter, Irest.  
15. The third letter is dated at Oxford also, february 16. 1644. in the postscript whereof (for the letter itself, we have not seen) it is thus written: In case upon particular men's fancies the Irishpeace should not be procured upon powers I have already given you, I have thought good to give you this further order (which I hope will prove needles) to renew the cessation for a year: for which you may promise the Irish (if you can have it no better cheap) to join with them against the Scots and Inchequin, as above you have heard. where we are to note that his Majesty forseing that the power already given the Marquis was not sufficient to induce the 
§. 4.  Irish to a peace, enlargeth by his letter dated the self same month, to wit, the 27. of february, above (num. 21.) mentioned, the former power given to the Marquis, and expresseth in particular the points Wherein this power is enlarged: namely to the suspension of Poynings act and present taking away of the penal laws against Papists, which by his letter of the 15. th' December his Majesty promised to repeal, when he should be restored to his rights, and for the present commanded the same penal laws should not be executed. But whatsoever the king commanded the Marquis to perform by these letters, the Marquis hath contemned; whatsoever he hath promised, our Committee hath 
l. diligenter mandati; & glos. in c. sicui  neglected; and whatsoever he hath actually granted, they have rejected. Among many obligations by which Mandatorius (or a Commissioner or Committee) is obliged mandatori, to him, that gives the Commission, that is a principal one, that the Commissioner is dilig entlie to observe the commands given him; and as he is not to exceed his Commission, so is he not to deviat from the same; wherein how far the king's Commissioner on his part, and our Committee on their part have transgressed, we leave to the censure of those that have eyes to see, and judgement to discern. To gain credit in court, and to be courted with letters from great ones, was more esteemed, than the advancement of Religion king, or Conrry. vae filii desertores & non per spiritum meum etc. habentes fiduciam in umbra Aegipti. some 
Is. 30.  of our own Committee in lieu of soliciting the cause of God, of religion, king, and Country, wherewith the kingdom entrusted them, became active instruments for the adverse party, and busy Postilions from one Commander, and from one Gentleman to an other, to solicit them to a defection, and some of these are known to have received privar letters from great ones, with whom to ingratiat themselves what would they not attempt? though when matters are well discussed, it shall appear to the world, that they proved such bad Proctors, as marred all the business, and hindered irrecoverablie (unless God stretch forth his helping hand) both king and Country. were they so diligent in promoveing the cause of God entrusted to them by the kingdom, they would (at least) show themselves so provident and careful, as they Would cause these missives Royal (or the substance of them, for so much as concerned the repeal of the penal laws and suspension of Poyning act) to be inserted in the articles of peace, that the Country might have some consolation, and religion some Security. But if you mark it well; they have followed the instructions of the adverse party against whomthey were employed, and not of the kingdom, for which they were employed. refer all things to the king (saith the adverse party) and that is done, though they knew in their own souls, the king will never be able (whilst he remain in his present woeful Condition) to grant us, what already he hath commanded to grant us: let nothing be referred to uncertainties, but obtain an actual execution of these Commands and graces, which the king hath already granted us, and which is due unto us by our birth right (saith the kingdom) and that is not done. how severely the ancient jurists, or Canonists have censured such kind of Commissioners, who (vel ex culpa levissima) do thus neglect or sleight the execution of the Commands given, and what punishment are to be inflicted on them are expressed in the Canons 
A zor instit. moral. par. 3. l. 9 Cap. 6  and schoolmen, whereunto we refer the learned Readers.  
26. Observe (I beseech you) the motives that induced his Majesty to command the repeal of the penal laws, and suspension of Poynings act: the preserving of his protestant subjects, and the kingdom of Ireland from the Scots: to encourage his Irish subjects to assist him against the English and Scotish Rebels: to repress the rebellion in England, and to advance the king's service in Scotland by our friends there: The king's Commissioner and ours have gone the clear contrary way to work, and as by Preposterous accelarating this peace they have given a main impediment to the prosecution of our victories in Ulster and Connaught, so have they by their compliance with one an other hindered the succours, which the kingdom commanded to be sent for his Majesty by Antrim into Scotland, and by Glamorgan into England. Note, I pray you the words of the letter of the 27. of february: for their (the Irish) satisfaction, I do therefore command you to conclude a peace with the Irish what ever it cost. A general command, you see, this is, which hath noé other modification or restriction, than; so as my protestant subjects there may be seoured, and my regal authority preserved: the later part the Irish have sworn to do in their oath of association, oath of fidelity: and in their several protestations and declarations: whereunto the doctrine of the Catholic religion, (which, in opposition to all sects, maintaineth monarchy and regal authority) addeth a further obligation. The former to wit, the security of his Majesty's Protestant subjects the Catholic Consederats have assured in their several declarations, and are ready to give such further assurance, as the law of God and charity can oblige them to give in that case: adding further that they shallbe more secure and safe among the Consederat Catholics, than among the Parliamentary Rownd-heads, who have spilt most unnaturally and barbarously more Protestant's blood in England (and that causelessly) than over the Catholics (since these wars) have in their own defence spilt in Ireland. The Protestants themselves may read carefully the Treaty or conference lately passed in Dublin between his Excellency, the Marquis of Ormond and the five Commissioners of the Parliament, and glass their own misery. By Protestants we understand such as profess the protestant doctrine established in England an. 1562. and comprised in the 39 articles, and not any new Parliamentary Protestants, who, as they have demolished the ecclesiastical hierarchy maintained in the said articles, so have they (as much as in them lay) monarchical government; such a brood of vipers, which devoureth both Church and state, king and Prelate, may not be licenced to cohabit with the Confederate Catholics. Qui enim dicit illis ave, Communicate operibus eorum malignis. 
●ud. v.   
27. Observe further that (according the forsaid letter) the authority to conclude a peace is entirely in the Marquis, yet hath hi● Excellency evermore assumed to his assistance, and joined (in a manner) in the same authority with him, those of the privy Council in Dublin, who (for the most part of them) are known to have either adheared to the Parliament, or to have been impeached of high-treason by the kingdom; they (fearing their heads) would never suffer or advise the Marquis to condescend unto a good peace. And if my author (who lived in Dublin and was an eye-witness of what he related unto me) may be believed, those very porsons, who were known to adhere to the Parliament, even those four, who for that cause were once committed to the Castle by the Marquis, have had in the Ins there private Conventicles, together with the lord Chancellor, lord lowther, and Maurice Eustace, who (I mean the three last) after their private consultation there would repair to the privy Council in the Castle, where their advice (as learned in the laws) was followed in promoveing this Peace, and their advice was instilled according the infusions received in the Parliamentary private Conventicles: so this inference may seem more than probable: whatsoever was done in promoving and concluding this peace, was not done according the direction and Commands of his Majesty, but according the advice and and Council of Parliamentary Rebels. The effects prove the verity of this inference.  
28. To conclude, the king holds it not a hard bargain to grant us the repeal of the penal laws, and the suspension of Poynings act, so we freely and vigorously engage ourselves to his assistance. no other condition of securing his protestant subjects; or preserving his regal authority doth herequire of us for conferring on us those two graces, which I wish those Gentlemen did take notice of, who, when they were questioned by the Congregation, wherefore they laboured not to obtain the benefit of the graces by this letter conferred on us, and (to cause the fame to be inserted in the articles of peace) excused the Marquis of Ormond (or rather themselves) saying that there were other conditions added in the letter, which you see is not consonant to truth, for so much as concerns these parricular graces, other more ample graces might be also granted by the Marquis unto us, if we secured the Protestants, and preserved regal authority: for (on those more ample conditions) the king commanded him to make a peace with the Irish whatever it cost, and aggravateth the matter more earnestly in the conclusion of his letter, affirming that to gain our assistance against the Rebels of England and Stolland no conditions can be hard, not being against conscience and honour. wherein evermore he supposeth the repeal of the penal laws and suspension of Poynings act to be neither against conscience or honour, or against the security of his Protestant subjects, nay we shall else where demonstrat it, that our kings of England are tied by the ligatures of promise royal passed by thire royal progenitors, and solemn oath taken at their Coronation (at least indirectly) to repeal the said penal laws, in as much as they have been surreptitiously enacted in these later days of defection against that Catholic faith, which our king by the said promise and oath have been obliged to defend and maintain I must not here pass by, that the king commands the repeal or present taking away of the penal laws without any lymitation or exception: the Marquis of Ormond in his brief of Concessions (from which he shrunk in this peace) limitteth this general Commission unto the penal laws only that concerns the exercise of our religion, who is herein imitated by the Marquis of Clanrichard (or rather by the politic Contrivers of his engagement) where a promise is made of a revocation of any penalty &c imposed on us for the free exercise of our riligion. unto what woeful days are we come, when subjects do presume not only to limitat their king's commands as they please but also utterly to reject them and by that disobedience to be the occasion of his present disasters, and hazard of the loss of his kingdoms?  
29. By which letter and by these other two above mentioned the judicious Reader may observe what great confidency his majesty reposeth in the aid and assistance of the Confederate Catholics, aswell at home, as abroad, in England and scotland, by sea and by land, and how earnestly he presseth a speedy dispatch of the peace to that end. Be it on them and their posterity, that have hindered the same. Glamorgans' articles do as yet further confirm aswell the king's confidence in our assistance, as our alacrity, willingness and earnest desire to comply therein with his Majesty; but the same authors, who contemned the commands of his Majesty have also laid obstacles to the assistance promised to his Majesty upon the conclusion of Glamorgans' peace. It shallbe ever verified what john Davies sometimes the king's Attutnie left written to posteritic. that the Irish gladly continue obedient subjects, without defection or 
pag. ult. of his discourse of Ireland  adhering to any other lord or king, &c, and that there is no nation or people under the sun, that doth love equal and indifferent justice better, than the Irish, and will better rest satisfied of the execution thereof &c: far different (I wisse) was the Censure of this well experienced lawyer, and of many others (whose testimony for the present I omit) concerning the loyalty of the Irish from the Censure of the present lord Chancellor of Ireland, who having received in his Chamber in the Ins of Dublin from the Council-table by the hands of a pursuivant a printed book setting forth the king's resolution to come for this kingdom; said, God forbid his majesty should come unto this kingdom, for the Irish would massacre him, as soon as any other. whereunto his son sir Edward Bolton, now chief Baron answered; nay, father, I am confident, if his Majesty came hither, that the Irish would lay down their arms at his feet and kiss the ground he went on. The father admiring at the son's confidence in the fidelity of the Irish, the son confirmed his confidence by affirming, he would lay his head at the stake, if they would not do it. This dialoque passed between the father and the son in the presence of the Lady Bolton, Bently the Pursuivant, and R. S. a Citizen of Dublin, who is my author. The son here proves the loyalty of the Irish, the father shows his ingratitude towards the Irish, that Nation, that charitably entertained him in his flight from England to shun the Censure of the Castle Chamber there, who being raised from the lowest ebb of fortune, (by Ireland) now floateth in the highest spring of posterity. Qui reddit mala pro bonis, non recedet malum a domo eius. Such as repined at his Majesty's coming into Ireland repined at his happiness▪ and adhered in opinion and affection to the Parliament. Histories recount, and the present damnable Rebellion of England doth confirm more bloody wars to have been raised in England by the English against their natural sovereigns and more horrid violence to have been offered to their persons, than ever hath been raised in Ireland against them, or offered by the Irish unto them wherefore what the Chancellor affirmed of the Irish is more applicable to him and to his ill affected Countrymen, wherein, all Europe may be produced as witnesses, who behold the present calamities; whereunto the Rebellions Parliament have reduced him. what here might be more particularised concerning the ill-affected of that nation, might be also particularised in the ill affected Scots, Who are said to have imbrued their hands in the blood of many their own natural Princes-from both I abstain for the honour I bear unto England the sister of Ireland, and unto Scotland the daughter of Ireland, wishing with all the faculties of my soul, the occasion of such recrimination among endeared fellow subjects were never given, or being given, might be totally taken away. Deus aeternetu scis quoniam falsum testimonium tulerunt contra, Hibernos.   

§. 7. The Marquis of Ormonds' Commission recalled) as to somuch) by the Earl of Glamorgans' Commission.  
30. Our Divines and Canonists do teach us, that the second mandat, or Commission doth not indeed deerogate unto the first unless 
Azor supra Cap. 6. q. 5. et Filline supra.  it make mention thereof, yet that sometime the second prevaileth and not the first, namely because the second is of a more strict obligation, as tending to the public utility and Commodity, whereas the first conduced to the private only. Ormonds' Commission granted by his Majesty is (in our case) the first, being given 24. junij. 1644. Glamorgans' is the second, being given the 12. of March 1644. which was full eight months after. In this later Commission mention is made of the first thus; we give you power to treat and conclude with the Confederate Roman Catholics in our kingdom of Ireland, if upon necessity any thing be to be condescended unto, wherein our lord lieutenant can not be so well seen, as not fit for us at the present publicly to own etc. lo, mention made expressly of the first Commissioner and implicitlie of his Commission, and by consequence a revocation (as to so much at least) of the Marquis his Commission. yea his Majesty did by his express letters signify unto the Marquis of Ormond that he gave unto the Earl of Glamorgan this second Commission, therein expressing the ends and causes, wherefore he gave the same, and wherefore he would have the matters and points committed to Glamorgans' trust exempted from all other matters comprehended in the Marquis of Ormonds' Commission, and these matters concerned the spiritualty, for example, the free and public exercise of our religion, the security of our Churches, the exemption of the Catholics from the jurisdiction of the Protestant Clergy, the repeal● of all penal laws made against Catholics &c. This Commission being granted by his Majesty upon the neglect of the Marquis his obedience to his Majestiès Command, requiring him to grant unto us the present taking away of the penal laws, and the suspension of Poynings act,- I admire how his Excellency attempted to conclude a peace for these matters, so exempted out of his Commission, and to refer those matters, which were agreed and concluded by his Majesty's special Commissioner (namely the repeal of the penal laws, the free and public exercise of our religion, etc.) unto any new or future Concessions to be granted by his Majesty, as if he would be moderator, or superintendent over king and subject. It Was not enough to disobey the kings Commands given to himself to repeal those laws, etc. but he must also positively oppose those other Commands given by his Majesty to others, and the Conclusion thereupon made. wherefore It is conceived whatever the Marquis of Ormond hath treated or concluded with our Committees in this peace, that was comprehended in Glamorgans' Commission, and by him concluded with the Catholic Confederates, were treated and concluded by the Marquis without any power, or Commission, not only because his Commission was recalled, as, you have heard above in the first §. but also because these very. articles concerning the spirituality (especially that first article) where the Marquis would needs refer us unto the king, for the repealing of the penal laws &c, which the king already granted us, were exempted out of his Commission, by the Commission granted unto Glamorgan; so as that maxim (mandatum secundum derogat primo, si in secundo fiat mentio de primo) must pass currant. Cap. grave de officio Iud ordinarij.  
31. To the same effect (but with more energy is that other maxim 
Cap pastoralis de rescrip.  or interpretation admitted by schoolmen and Canonists (mandatum speciale derogat generali, etiam si eius ni hill meminerit. a special Commission (such as Glamorgans' was) doth derogat to the general, though therein there were no mention made of, the general. If we look for other arguments to avoid this assumed pour of the Marquis of Ormond, the Canons will afford us many; this alone may suffice for the present: mandatum finitur, sirem demandatam quis alius idonee gesserit; a Commission is ended if any 
L si procurat, § mandati ff. mandati.  other hath conveniently accomplished the thing given in Commission to be done; v. g. if a man give a procuratory or letter of Attorney to any to purchase a piece of ground▪ if any other or he himself, who gave the procuratory, shall purchase the same piece of ground before the Attorney; cessat mandati actio. saith the law: so (in our case) if the king, or Glamorgan (for the king) hath conveniently and agreeable to the king's Commands, accomplished that very command, which before was committed to Ormond, but by him slighted, then hoc ipso is Ormonds Commission expired: neither ought or could our Council or Committee have recourse To Ormond to treat or conclude those things which were allreddie concluded by the king's special Commissioner, unless it were to confirm (in the king's behalf) what already was concluded by the same Commissioners and to cause those articles granted by Glamorgan to be confirmed by act of parliament, as well as any other articles or concessions granted (for the temporality) that were agreed upon with the Marquis of Ormond.  
32. It was agreed upon by the Earl of Glamorgan for and in the behalf of his Majesty, his heirs and successors that the Marquis of 
artic. Glamorgan numb. 5.  Ormond or any other authorized or to be authorized by his Majesty should notdisturbe the Catholics in their present possession or continuance. of the possession of their Churches, jurisdiction &c for assurance whereof the Earl engaged his Majesty's royal word and public faith, and his Majesty himself (in Glamorgans' patent) in the word of a king and a Christian promised to ratify and perform whatsoever the Earl granted unto the Confederate Catholics. and lest his promise royal should be frustrated, his Majesty communicated by special letters the Commission given Glamorgan, and his resolution in this particular, to the Marquis. But alas all was in vain; so far were these seeming Royalests and real Parliamentaries of Dublin engaged with, or at least, aw●d by the Parliament of England; as they never yet yielded to any thing, or complied with the kings Command's in any thing, that they thought would be offensive to the Parliament▪ in so much as that chief Governor, who (of all others) should advance this opportune service in the kings spressing necessity, was the only man that hindered the same. Now after the word of a king, and a Christian so solemnly and graciously engaged unto the Confederate Catholics (but blasted by the Marquis of Ormond) a noble Catholic Peer of this realm the Marquis Clanrichard, is brought in by the Marquis of Ormonds proctor's to embark himself in a business, Wherein he was never authorized by his majesty, nor invited by the Catholic Confederates, and he undertakes to give us nothing but to procure us some thing, and that less than the king himself by public contract hath actually granted unto us. Truly I am persuaded the Catholic Confederates will not be so amused as to reject the word of their sovereign, and to accept of the word of their fellow subject, who is less able to procure a performance of what he promiseth, than the Catholic Confederates themselves are. To plant that heresy in England in the days of Elizabeth, who now hath bathed these three Lands in their own blood, such art was used: heretics assumed Catholics, as instruments to compass their designs; where indeed they prevailed, but the fatal end of such Catholics, and the utter extinction of their noble posterity doth manifest to present and future ages, how odjous their enterprise was to God and his Angels. Caput aspidum sugent, & occidet eos lingua viperae. If the Marquis of Ormond 
job. 20. 16.  foe und out a way (as he thinks) to cross us of the kings own graces and Concessions: who may doubt. he will find out a way to cross Clanrichards' engagement? we do not mean to look for those graces and privileges by petition or solicitation of others which are already granted us by public Contract. maugre all emulous subjects the Catholic Confederates shall have the full benefit of Glamorgans' articles, together with the fruit of their possessions and victories since then acquired; neither will they be deluded by any unualid, unjust, and dishonourable peace, which any Puritan statists would by factions enforce upon them.   

§. 8. The invalidity of the rejected peace proved out of the insufficiency of the Commission given the Committee of Treaty.  
33. HItherto we have showed the invalidity of the rejected peace on th● part of the Marquis of Ormond and his Commission: now we are to show the invalidity of the same peace on the part of our Committee and their commission; wherein (being matter of fact) many acts of assembly, orders of the Council, protestations of the Clergy, etc. must be alleged and produced. What I could light on, I will with integrity cite what I could not light on, and may make for these noble Persons that concluded, or concurred to the conclusion of that peace, I must leave to their citation, when they please to impugn this Survey or any part thereof. Among the acts of the first Supreme Council I find a commission made by that council 5. April. 1645. unto thirteen persons, namely, Mountgaret, Muskerie, Dubliniensis, Antrym, Alexander mac Donell, Nicholas Plunket, Sir Robert Talbot, Sir Richard Everard, Dermot O Brien, Patrick Darcy, Geoffrey Browne, john Dillon, and Richard Martin's Esquires, authorising them or any five of them to treat, agree and conclude with the Ma●ques of Ormond a firm lasting and settled peace in such manner as they in their judgements should think fit, and most available for the said Catholics and general good of this realm.  
34. For the Counsels warrant to grant this commission they allege in the same act, an act past in the general assembly held at Kilkenny the 20. of july 1644. Where (say they, in the act of their Council) the said assembly authorised the foresaid 13. persons to treat, agree, and conclude with the Marquis for settling and concluding of a sirme and perfect peace, otherwise to conclude of a further Cessation. Where the Reader is carefully to observe that the assembly (according to the Counsels own relation) appoints indeed those 13. persons as a Committee of the Treaty, but doth not limit the same unto any five of them, as the act of the Council hath done. I have made search among the Acts of that assembly, but could not find any act dated the twentieth of july 1644. I have indeed found an act of assembly made 10▪ Augusti 1644. where it is ordered that the undernamed shall be super added to the Commissioners lately authorized by Commission to go to His Majesty, now to go to the Lord Lieutenant to treat with his Honour, for settling a firm peace within this Kingdom, or a further Cessation of Arms. The persons undenamed are the Lord Archbishop of Dublin, Earl of Antrim, Lord Viscount Mountgaret, Sir Richard Everard, Patrick Darcy and john Dillon Esquires. The Commissioners to go to His Majesty were the Lord of Muskerie, Nicholas Pluaket, Alexander Mac donnel, Sir Robert Talbot, Colonel Dermot O Brien, Geoffrey Browne, and Richard Martin. The like Commission was made by the second and last Supreme Council unto the same Committee of Treaty, de verbo ad verbum, as appeareth in the abridged registers of the Acts of the same Council.  
35. To show the insufficiency, defects, and nullity of the said commission we need not entertain sharp-sighted Lawyers, the errors, and defects thereof are so gross and palpable, as men meanly versant in that profession may without difficulty discover them. We say then in the first place, 
The first argument proving the insufficiency of our committees commission.  that it appeareth not by any act of assembly (that I could light on) that either of both Counsels were ever authorized or enabled by the Kingdom, to give any Commission to the foresaid Committee of Treatee, either to treat of, or conclude a peace with his Excellency. Not in any act of assembly past the twentieth of May 1644. as the foresaid Commission given by the first Council doth mention; for no such act can I find in the Records of the assembly, notwithstanding I have (together with the Clerk of the assembly) made diligent soarch for the same. As for the Act of assembly 10. Augusti 1644. even now mentioned number 34. you see the kingdom selected indeed the foresaid Committee of Treaty, but never (by that act) authorised the Supreme Council, to give them a Commission to that effect. Yet that such an authority is necessary, is supposed by the Council itself, which groundeth itself on the like authority, as you have heard numb. 34. for as the assembly only in the name of the whole kingdom, and not the Supreme Council, had power to send Commissioners to His Majesty so the Assembly only and not the Council, had power to send Commissioners to His Lieutenaut, to treat and conclude a peace. Yet supposing such a Commission or power were given by the Assembly unto the first Supreme Council, we say in the second place, the same or the like commission and power 
2. Argument.  ought to have been renewed by act of Assembly, and given unto the new Supreme Council authorising them to give Commission, to the foresaid committee of Treaty to conclude a peace, and to guide and direct them therein: because, if any such Commission was given by any assembly unto the 
L. inter causas ff. maudati & l. & quiae ff. de Iurisd. omniud. & l. ult. ff de solut. l. si quis alicu● §. morte ff. mandati & Instiede mandato §. recte.  first Supreme council, both that commission, and any other commission given by the Council in virtue thereof to the Committee of the Treaty, is extinguished, and dies with the same Supreme Council, because, as morte mandantis, so morte mandatarij extinguitur mandatum, saith the law; as by the death of him, that gives a Commission or mandat, so by the death of him that receives it, the Commission or mandat is extin guished. If he, for example, that gives or receives a letter of Attorney to prosecute a cause, or to do any other service, dies, the letter of Attorney dies with him. The same we may say of Agents or Ambasladors sent from or to any Prince's or Prelates. Accordingly we say, that the first Supreme Council, being removed from that office, are civilly dead, and therefore any authority given them (in this particular) or by them (in virtue thereof) given to the Committee of Treaty (for in these two respects the Council may be called Mandatarij and Mandantes) is extinguished and dies with the late removed Council.  
36. It is true that the common power and authority given to the Supreme Council by the Model of Government may peradventure descend upon the succeeding Supreme Counsels, because by the Model of Govurnment that common power is expressly declared to be conferred by the Kingdom on the Supreme Council for the time being; but the case is other wise in this weighty matter, whereon depends the security and safety of Religion, King and Subject; and therefore being transcendent and extraordinary it must be acted by and concluded by transcendent and extraordinary power: and as the Commissioners appointed to go to his Majesty must have been established and appointed by the whole Kingdom, because, indeed their employment concerned the whole Kingdom; so (for the same reason) the Commissioners appointed to treat with His Majesty's Lieutenant (in this particular) must be authorized (either mediately or immediately) by the whole Kingdom; for as much as their employment concerns the whole Kingdom. If His Majesty did confer any power or authority upon any Corporation, which he would have to continue in the succeeding Magistrates thereof, he is careful in his patents or Charters to use these words: to the Mayor, or to the Mayor and Citizens for the time being, to show, that his intention is not to make this power personal only: but in that commission, which the first Supreme Council pretend to have had from the assembly, there are no such words used, authorising the Supreme Council for the time being. Much more may be here said, which I leave to our learned Lawyer's discussion, whereof some (unto whom I have propounded this difficulty, have assured me, that (for this respect) the Commission given our Committee of Treaty by the Council. wassufficienr and inv●alid. And when I admired, that the Supreme Council dared attempt such an enterprise without a full and solid authority from the Kingdom, my admiration was augmented by the answer I received from one affected to them, to wit, that the Council made no doubt to conclude all things (as they pleased) by force.  
37. The last Supreme Council was established the second of March 1645. Their Commission to the Committee of Treaty was given the sixth of March following. After diligent search, I found among the assembly acts of that second day of March, this act; It is ordered that the Supreme Council, and the Committee of Instructions, as by former order in that behalf appointed, shall sit this afternoon, and PREPARE all affairs conceaning the Treaty of peace, and with all possible speed dispatch the Commissioners to Dublin: But neither this order, nor any other former order I could light on, doth give power or authority to this new Supreme Council to give any commission to the committee of Treaty, either to treat or conclude a peace at all, much less to conclude such a peace, as the committee of Treaty in their judgement should think fit, which is the commission the first Supreme Council gave the committee of Treaty; for which, I am persuaded, they never yet had authority from the Assembly: It is one thing to sit and PREPARE all affairs concerning the treaty which alone this order imparts: another thing to be authorized by the Assembly to give 
〈…〉  commission in the name of the Kingdom to the committee of Trea●y, to conclude what peace they listed, which is the point here questioned. But here occurs unto the what I have been often told, even by members of some assemblies past, that such (I will not say, Factionists) as precipitated into this abortive peace, had their private cabinet Counsels, where they moulded what Orders they thought convenient● for their purpose, which they ordinarlly presented about the perclose of the Assemblies, and when they saw such as they thought would oppose them absent; and prepared such as they knew would adhere to them and set forth the matter with a specious gloss, to be present, and so caused such orders to pass surreptitiously, without any deliberation or mature consideration by the house of such orders or of the ends the Moulders of them intended. I suspect this order (though it make little to the present purpose) to be one of those surreptitious orders; the cause of my suspicion is; that in the self same Assembly 19 February, the whole Kingdom unanimously agreed and promised unto the Lord Nuncius, that they would conclude nothing with the Marquis of Ormond touching the peace until the first of May following; what appearance is there then, that the same Kingdom in the same assembly should order, that with all possible speed the Commissioners should be dispatched to Dublin, and thereupon to sign and seal a peace the same month, never expecting the first day of May, as they promised; and by that means so to entangle the business, as whether the Pope's peace came or no, by the first day of May, the Kingdom was obliged to embrace Ormonds' peace, though ever so unjust; and indeed so some of the very Committee of Instructions were persuaded; but the unfolding of this mystery we leave unto the assembly, which, I pray the God of truth to illuminate, and preserve from faction and division.   

§. 9 Other defects proving the insufficiency and invalidity of the said Commission.  
38. IN the Commission given by the first and last Supreme 
3. Argument.  Council they authorise the committee of Treaty nor only to treat and agree, but also to conclude a peace with the Marquis of Or●n●nd; their authority herein they father on the act of Assembly past 20. july 1644. which kind of act I could never find among all the acts of Assembly; nay the contrary is evident, as well by both the Acts of assembly above specified, numb. 34. 37. as by other acts, which hereafter I shall express, that they had power only to treat of the peace, and to prepare matters concerning the same, but not to conclude i●. I have indeed heard, that our committee of Treaty laboured in several Assemblies to have absolute power given them, not only to treat of, but also to conclude a peace, but as yet I have not seen any such power granted, neither aught any such power at any hand be granted to any particular men, who by faction, corruption or affection, might be able to destroy Religion, King and Country. These men, 〈◊〉 desired this absolute power, are known to be either of allians with the Marquis of Ormond, or to depend of him, or to have been deluded by him with vain hopes of promotion; wherefore it is not secure for the Kingdom to give absolute power to such persons, how honourable and faithful soever they may be esteemed to be; neither ought they, if they would avoid the just suspicion of the people, demand it. We must not put the cause of God to compromise to Achitophel. If then it appears clearly our committee of Treaty had no power to conclude, but to treat of a peace only, who may doubt, but their proceeding to a conclusion without commission is altogether in valid? peradventure they may produce some act of assembly (for an act of the Council or committee of Instructions will not serve their turn) to prove they had not only power to treat, but also to conclude such a peace, as they thought fit: but hitherto I have not seen any such, and if any such, shall be produced, It rust the Kingdom will be so careful of its own honour and welfare, as to disqusse the validity thereof, and the ways and means, which were used in getting forth such an act. It can hardly be exemplified, that four or five persons in a Kingdom had ever such absolute power given them, as to conclude a peace within the same Kingdom for and concerning the most important affairs, that ever could be agitated in a Kingdom, even then, when they might call upon an assembly of the whole Kingdom to try and examine the justice or injustice, validity or invalidity of the said peace; and that the power should be so unlimited, as their Commission had no express relation to any Instructions, by which they ought to be regulated. That five secular men should be made Supreme judges in a Catholic Kingdom of Prelate and Priest, of Regular and secular, of Religion, Church, and Church-livings, of Ecclesiastical jurisdiction, administration of Sacraments, celebration of divine service and office, etc. à seculo non est auditum, no not in Henry the eights own days. Numquid omnes Crumvelli? numquid omnes vicarij in spiritualibus & temporalibus? numquid omnes Braini? And this is the third argument, whereby we prove the invalidity of the said peace.  
39 The fourth argument may be deduced out of the number selected by the kingdom to be of the Committee 
4. Argument.  of Treaty, which was thirteen, as you may observe out of the act of Assembly numb. 34. by which act there was no power given the Council to reduce them to the number of five, or to a less number than 13. This selected number of 13. did belong unto the substance, and (as it were) essence of the commission or authority given by the Kingdom, and therefore could not be altered without rendering the commission invalid. When I read in the commission given by the first Supreme Council to the committee of Treaty, that the number of thirteen was appointed, and no power mentioned therein authorising them to diminish that number▪ I was indeed astonished, and therefore laboured so much the more earnest to find out if any act of Assembly there were giving them any such authority; at length I lighted on an act past 23. August 1644. Wherein it is ordered by Assembly, that the Supreme Council shall grant Commissions under Seal from time to time unto such, and so many of the Commissioners nominated and authorized by the house to TREAT with the Lord Marquis of Ormond for establishing of a firm peace within this Kingdom, or a further Cessation of arms, as the said Supreme Council, and the additional Committee of Instructions shall think fit. This act of Assembly may seem to quell the strength of my fourth argument: Yet I cannot but resume, and urge for my argument against this order 1. that it doth not so much warrant the Supreme Council to diminish the number of the Committee of Treaty, as it doth limit the power of the said committee; for here (as in the first act of Assembly) no greater power is given them, than to TREAT of a peace, etc. and no power at all to conclude a peace. 2. This act seemeth to me very suspicious, in as much as the same assembly (not above thirteen days before) supposing those seven Agents, who were authori●ed to go to His Majesty▪ to be too little to treat with the Marquis, added positively six more, as above you have seen, insinuating thereby, that they intended to have that full number always in the Treaty, and no less. 3. Here my second argument may seem to have force; If this act of Assembly, and that other of the tenth of August 1644. were 
〈…〉  not renewed upon the removal of the old Council, and institution of the new, the power and authority given by those acts seems to die, & be extinguished with that old council, because ind●●e mandantis extinguit unmandarum. 4. The Commission given the committee of the Treaty is not grounded on this act, but on an act of the twentieth of july 1644. above number 34. 5. It must be also grounded on an act of assembly authorising them to reduce the number of 13 to 5. which act we find not. 6. ●ow ambiguously soever this act hath been couched, yet it may seem to prove that the number should be full 13. for it ordereth that the Council should grant commission to such and so many &c. as were authorized, The words (as they shall think fit) have relation either unto a treaty of peace or a Cessation of arms, as they think fit; and not unto any reduction of the number of 13. to the number of 5.  
40. But here I must not omit to advertise the Reader of the cause of my suspicion. as soon as ever the foresaid number of 13. was chosen to be of the Committee of Treaty, forthwith (before they could be sent unto Dublin) notice was sent 
Mr. Andrew Moor for this is my Author who s●w the letter.  in Post, even by some of the Supreme Council, to Dublin, that such persons were elected, among whom there was one catholic Bishop. The notice was sent by a letter to Sir Maurice Eustace, enclosed in a letter to this Supreme Councillor's Nephew, then resident in Dublin; upon which letter was written, haste, haste, post haste. Whereupon letters were returned by the Marquis of Ormond to the Council (or assembly) that he would not treat of any peace with us, if any Catholic Bishop were of the committee. That ever the Marquis obtained his desire herein by consent of the assembly I never heard, nay I have heard the clear contrary, that the assembly resolved never to change or diminish the number of that committee, Howsoever I do not know but this act of the 23. of August was hedged in upon this motion, the circumstances whereof I could wish were diligently examined. How his Excellency could deny to treat with any commissioners we sent, without disobedience to the King's command & commission given, I do not know. The sum is, as he would have a peace of his own moulding, so would he have a committee pliable to his own resolutions; and it is remarkable, that when any that was of that same small number of five, which the Council culled cut, were suspected to stand constantly for the cause of God and the Country, and not to yield to the Marquis his abject conditions, such art was used, that such kind of persons were then kept from the Treaty, when all things were upon conclusion. Among these was worthy Mr. Nicholas Plunket (whom for honour sake I nominate) though he also passed not altogether free from blemish, in subscribing to the command for the publication and acceptation of the peace, wherein so well deserving a man might be excused, having thought all remedy, for redress to be impossible. Had our people Machabean spirits inflamed with God's love and the advance of his holy Religion, they would select no other out of that 13. but such Ormond rejected, and chiefly the Arch bishop of Dublin; and omit no other, but such as Ormond would have admitted.  
41. Other argument against the sufficiency of the Committee of Treatyes Commission may be thus briefly framed: the commission given by the Supreme Council was grounded 
5. Argument.  on an act of Assembly made 20. july 1644. no such act appeareth. Ergo; their commission given the Committee of Treaty may not subsist, quia non posita causa necessaria non ponitur effectus, non posito fundamento non ponitur tectum. Again, in 
6. Argument.  no act of assembly can I read, that the Council was authorized to give this power to the Committee: to treat, agree, conclude; etc. a firm and settled peace etc. in such manner as they in their judgements should think fit and most available for the said Catholics & general good of this realm. Yet this is the power the Council hath given them; which how faithfully they have executed, you have already and shall hereafter hear. Moreover 
7. Argument.  their Commission was to conclude a peace or a further Cessation: they have done neither; for in their reasons presented to the Congregation. in Waterford, they confess they have made no peace, but a pacification, which they call a present union with expectance of an absolute peace to follow. For concluding such pacification, you see their Commission authorizeth them 
8. Argument.  not. Furthermore, by Commission, the number of five at least were authorized to treat and conclude the peace: the articles of peace in the Preface reduceth this number of five to four; telling us of a Commission authorising them or any four or more of them to treat & conclude a peace: such a Commission is not, nor never was extant in rerum natura. Ergo, the peace grounded thereupon is void. In the same preface 
9 Argument.  it is said, articles of peace concluded, etc. between the Marquis on the one part; and these. 7. Mountgaret, Muskery, Sir Robert Talbot, Dermot O Brien, Patrick Darcy, Geffrey, Browne, and john Dillon on the other part; yet five only of these. 7. concluded the peace: Mountgaret and Dermot O Brien never signed, sealed or delivered the peace. Yea, Mr. Dermot O Brien made public protestation against it, and manifested unto the world aswell his aversion against the proceedings of the rest of the Committee in that treaty, as against the iniquity of the said peace, for which he deserves from his Country immortal praise. How then is it true that those 7. concluded the peace, when as 5. only concluded it? These, I trow, are errors, and defects sufficient enough, to prove the insufficiency and invalidity of the committee of the treatyes Commission, and consequently the nullity of the peace thereupon concluded, which we pray all our learned and disinterelled Lawyers to discuss together with those other arguments, we produce in the rest of the paragraphes, and to strengthen the same by their approbation & apposition of the authority of our Laws of England, which I could not well peruse for want of leisure and commodity.   

§ 10. The invalidity of the said peace proved by the revocation of our Committees Commission, namely by the protestation of the principal part of the Body politic of the kingdom & other Inhibitions.  
1. BEsides the nullity of the foresaid peace by the insufficiency of our committees commission, we prove the same by the revocation of the same commission (if it were aught worth) before the peace was concluded. Hear then the Lord Nuncius his protestation.  
THE LORD NUNCIUS HIS PROTESTATION.  
MOst Illustrious and Reverend Lords,  
Where as before the imprisonment of the Earl of Glamorgan, 
Glamorgans' peace not secure or honourable.  I abundantly represented unto your honours that the peace, which then was in agibation▪ was 〈◊〉 on any. Fitles neither honest nor, secure but scanned alous in the opinion of his Holyneisse & the rest of the Catholic ●rine●sland that, for that cause, ●● would in no sort condescend thereunto and whereas the same (peace after the release of the said Earl) is as yet, lessei secure, by reason of many accidents that befell & seeing his Holiness, hath sent 〈◊〉 me the heads of the peace agreed upon at Rome between his Holiness and her Majesty the Queen's Agent with promise of the King's information thereof, which heads are both honest by reason of the persons & more ample, than all the points hitherto treated of, and do promise all the security which may be had in these circumstances, I urge with your Honours, that you 
The Nuntius urgeth the Council to expect the Pope's peace.  expect the Originals of the said heads. & that in the interim no other peace be concluded, but that the Treaty of peace be deferred, lest you wrong his Holiness his benignity towards this kingdom, & your Honours incur his indignation together with the aversion of all Princes, chiefly seeing that the Instrument signed by yourselves remains in my custody which before my coming over your Honours delivered, as an answer to Master Spinola of happy memory wherein you promised to 
The Councell promise to comply with the Nuntius.  do in this affair, whatsoever I upon consideration of the state of the kingdom▪ should think fit to be done. If otherwise you proceed, I do (besides the breach of your promise) protest; that I do not, neither will I consent unto any peace or change of things or government in this kingdom, until upon view & consideration of the foresaid heads (of the Pope's peace) it shallbe maturely established what shallbe more profitable to this kingdom. And if ●hings be otherwise carried, I protest (though with sadness of heart) that all damages, which by this acceleration of peace shall befall the King's Majesty, and this miserable kingdom proceeded not from the faults of any other, but of those who having postposed the reverence and gratitude due to his Holiness, do abuse their own private affections and interest, to the destruction of the Commonwealth. From the Palace of our residence the sixth day of February 1645. stylo veteri.  
Your Honour's most addicted Servant 
 joan. Baptist. Archiepiscop Firman. & Nuncius.  
2. According to this protestation the Lord Nuncius, the very next day following, to wit, the seventh of February, and again, the ninth of February, came personally to the assembly, and having declared the affection, and care the See Apostolic had of this Nation (sometime for learning and sanctity, called the Island of Saints) declared that his Holiness (to succour the Catholic Confederates) neglected and postposed the wars by the Turks against the Christians, by the Swelande● against the Emperor, and other wars nearer home, that he laboured (and at length prevailed) with His Majesty, that the Roman Catholics should not only have and quietly possess their Church and Church-livings; but also that the Catholic Natives should be made capable of all places of command, honour, profit, or trust in the civil marshal or Ecclesiastic government, together with many other extraordinary graces and concessions; that he daily expected the articles of this peace; and therefore prayed seriously that the conclusion of any peace with Ormond (which was the worst of all other peaces) might be protracted, at least, till May, assuring us (if we persevered constantly in the cause of God) that the Pope's Holiness and other Catholic Princes would never be wanting to supply the Confederate Catholics with sufficient means and money to maintain the war, and that he himself in the interim would defend Leinster against Ormond, in case he condescended not to a cessation for so long a time. This motion was seconded by noble Glamorgan by two several speeches delivered by him in the Assembly 12. and 19, February, which was accepted and entertained by the whole house with such joy and alacrity, as you might descry in their outward gesture their inward consolation.  
3. Our council and committees (contrary to the resolution of the whole house) would not expect so long: they were not four days chosen, when they gave a new commission to the committee of Treaty to conclude a peace with his Excellency, which was signed and sealed 28. March, as you have heard. It was a business long before concluded, as you may gather by justice Walsh (one of the purchasers above mentioned) his speech delivered in the house 10. February; wherein he affirmed that he himself brought all things, points; and matters to a full period according our wishes with the Lord Marquis; but (said he) the imprisonment of Glam●rgan hindered the sig●ing thereof. Yet I read in the diurnal of that day, that the chaireman (Mr. Thomas Terrell) informed the house, that our Agents were in Dublin eleven weeks, and yet were not able to conclude any thing▪ And Mr. Geoffrey Browne declared in public assembly 15. February, that the Marquis was resolved not to conclude a peace, until we complied in sending over 10000 men. wherein the Marquis might have spared his labour, the contract for sending over 10000 men being made by us with Glamorgan, and not with him; whose peace was not (in itself) worthy the acceptance only, much less worthy the reward of sending over 10000 men for getting it. To be brief, thus stands the question; how dared the Committee of Treaty to sign and seal a peace before the first of May, contrary to the Assemblies resolution; and how dared the new supreme Council (without consent of the assembly) to grant them a commission to that effects. By the relation of Mr. Browne and Mr. Walsh, you see, our committees were not engaged by all the Treaties past, to conclude a peace with the Marquis: they might without difficulty comply with the Pope's Holiness and the King's special commissioners request; And this request was made by them, even then when Glamorgans' articles were in full power, because they held it not altogether so secure and profitable, when they afterward understood, that his Majesty protested against Glamorgans' articles, do you think, that either they or the assembly would ever yield, to accept of Ormonds fordid articles apart; either the May following or for ever: he had more need to beg a peace of us than we of him. Had not the country been betrayed by licensing him to receive his rents, he had been glad to come off with better conditions, according his Majesty's commands, and provided better for His Majesty and himself.  

The Clergies subscription to the Nuntius his Protestation.  
4. We also the underwritten (Prelates and Clergy of Ireland) do adhere unto the opinion of the most illustrious Lord Nuntius, confirming what are above expressed. And we do resolve unanimously to insist upon the same protestation. Dated at Kilkenney the foresaid sixth day of February 1645. stylo veteri.  
Hugo Ardmachanus. Fr. Thomas Dubliniensis. Thomas Casseliensis. David Ossoriensis. Gulielmus Cor●agiens. & Duan. Io. Clonfertens. Emerus Clogherens'. Io. Laonens. Fr. Patrie. Waterford. & Lismor. Fr. Edmund. Laghliniens. Nicholaus Fernensis. Richardus Ardsertensis & Accadensis. Edmund. Calamen. Episcopus & Coaedjutor Linericens. Fr. Albertus O Brien. Provincial. Ordin. Praedicatorum. Robertus Nugentius Societatis jesu Superior. Walterus Linchaeus Vicar General. Tuamen. jacobus Fallonus Vicar. Apostolic. Accadens. Fr. Oliverus de Burgo Vicar. Duaceus. Donaldus O Griphas Vicar. Apostolic. Finiburensis. jacobus Dempsy Vicar. General. Kildar. Cornelius Gafnus Ardaghader Vicar. Oliver. Deise vicarius & Procurator Reverendissimi Medensis Episcopi. Carolus Coghla● Vicar. General. Cluanensis.    

§. 11. An abridgement in English of the Lord Nuncius his Latin letter dated the 5. of May 1646. sent unto the Supreme Council and committee in the prosecution of the said Protestation.  
5. In this letter the Lord Nuncius doth elegantly distinguish in the Marquis of Ormond a double quality, the one of a Lieutenant for his Majesty, the other of a chief Peer of the realm. In the quality of Lieutenant, he proves no firm and solid peace can be made with him; forasmuch as his authority 
No firm peace could be made with Ormond.  depends of the King, and by how much the more or the less the security and power of his Majesty increaseth or decreaseth, it necessariiy followeth that the authority also of the Lieutenant increaseth and decreaseth, and that the safety and authority of the King being uncertain, the authority also of Lieutenant becometh void and uncertain etc. and if this be true in those articles, which belong to the politic state of the Kingdom, how much more in the Ecclesiastical state, and things belonging to the Catholic Faith; against which (he being a Protestant) hath an aversion of mind, besides the want of authority. Wherhfore the Confederate Catholics ought not by any means choose any other way, than by laying aside in the interim any treaty of peace. etc. until the Kings most excellent Majesty be restored 
Inhibition until the King confirm the peace of Rome.  to that state and condition, as he may confirm by Parliament the Articles, which His Holiness agreed upon with Digby in Rome: which thing seems not only profitable and necessary for the affairs of Ireland in the present state, but also honourable to the King himself, seeing all things are reserved to his authority until that time, when he shall be in the full liberty of dominion, and the loyalty of the Irish shall be able to merit somewhat with his Majesty etc. which shall be 
Pidelitie of the Irish.  augmented by the Catholics public protestation, that whatsoever they possess or acquire shall be with all loyalty and fidelity preserved for his Majesty; who otherwise may be washed out of all, if Parliamentary Harpies once fix their Talons in them.  
6. He proceedeth further showing how glorious it shall be unto the Confederate Catholics, that the advance of the Catholic cause, the splendour, liberty, laws, rites, and public exercise of Religion, proceeded rather from themselves, and from the innate love they bear to true Religion, than from any treaty with the Marquis, whose authority lies a bleeding, etc. All Christian Princes (and chiefly the Pope) would be offended, that any peace (and that of abject conditions) should be here treated of, while the peace (containing honourable and good conditions) concluded upon in Rome doth expect only our King's approbation; as if particular men (and those Procestants to) could better provide for Ireland, and the Catholic Church; than His Holiness can do.  
7. If the Marquis be considered as a Peer of the Realm; in that respect he may have all things common to the rest of the Irish, 
The Church's care that loyalty he observed to Princes 11. 5. 7.  and therefore I hold he may be a defender of his country against the common enemies. And if he will, as an Irish man, and a Servant to his Majesty gather all his forces against the Scots and Parliamentaries, he ought to be received, yea, and to be assisted by money and other subsidies, so as the Catholic Religion by such kind of conjunction receive no detriment: for effecting whereof he layeth down (among other) these conditions; if it shall ever happen that the forces of the Marquis be joined with the Catholic forces, that then he may by no means establish any other Religion, than the Catholic Religion in all places, which shall happen to be gained by the same army's joint together, otherwise the Pope's aides, aswell present as future may by no means be employed for the advance of Protestanisme, which were impious That the Confederates so treat with the Marquis, at our hopes of having or obtaining a Catholic Viceroy after the expiration of his time, be not frustrated, which the security of Religion doth chiefly require, and His Holiness doth vehemently desire. Therefore to this end we must be wary, least in the interim, while the affairs of England do waver, we do any thing, which may compel the Nuntius Apostolicus, in the behalf of His Holiness, to protest against it, as by his private letters he hath protested a few days past. He addeth further, that Dublin be delivered to the possession of the Confederates to be preserved for the Kings most excellent Majesty; that all hopes may be cut off from the Puritans, who perpetually thirst after the possession thereof, etc. I trow, this should be a forewarning prevalent enough with our Council and Committees not to conclude a peace with the Marquis upon such base conditions, as they have done.   

§. 12. The Council and Committee of Instructions Latin answer 1. junij 1646. to the foresaid letter and protestation abriged into English.  
8. IN the first place they acknowledge the receipt of the letter and protestation, & do observe the resolution of the Lord Nuncius and Clergy to be such, as he will have no peace at any hand concluded with the King's Commissary, unless first the splendour of the Catholic Roligion be established, and with the articles published. In the second place they admire, that the protestation came not sooner unto their hand, and at length they answer, that the weakness and necessity of the Confederate Catholics enforceth them to a peace; that by public declaration printed 1642. and by their Agents they sent to the Pope and other Christian Princes to demand aid, & that for the space of five years' war, they received not so much succour as would defray the charge of war for two month's time; that they looked only for as much means as would maintain 15000 foot and 2000 horse for six month's times, and they would undergo all hazards, and endure all discommodities to increase the splendour of the Catholic Religion through all parts of this Kingdom; which they obtained not. The consideration of these things (say they) and the obedience due to his Majesty enforceth them to make ANY PEACE to prevent the fatal miseries of War, and the sudden ruin of Religion and Nation.  
9 Yet they tell the Lord Nuncius, that they resolve to ratify (mark the phrase, I pray you, ratas habere) Glamorgans' concessions granted by the King's authority, and to endeavour by the authority of the See Apostolic, and the mediation of other Catholic Princes to obtain more plentiful graces for the establishing of the Catholic Religion; that in the Treaty of peace there was place left for further privileges of the Catholic Religion. They further affirm, that in the last treaty at Dublin nothing was done without consulting the Nuntius, and that according his desire, the Conclusion (mark that hitherto the peace was not concluded, & therefore they were as yet at liberty to conclude the peace or not conclude 
See against this 5. 19  it) and publication of the peace was deferred until the Calends of May, lest any impediment should be given to the conditions, which were expected by that time to come, (but are not yet come.) They pray his Grace to take notice, if it shall happen the peace shortly to be concluded and published without the promulgation of Glamorgans' concessions, that same is pro re, and to the greater good of the Religion.  
10. They proceed further aggravating the present state of the kingdom in the temporality: Monster exhausted with war cherisheth many enemies in her bosom, who daily increase by the patronage of the Parliament of England and revolt of Thomond. In Connaght all is wasted (besides Galway and Mayo,) Roscoman boil, and other Forts revolting, etc. General O Neyle hath so wasted Leynster, before he went to Ulster, that three or four counties thereof are unprofitable for the plough, and in themselves miserable, etc. They add the fear of the Lieutenant's conjunction with the Scots, etc. insomuch, as force, fear, and danger beget in all men a desire to embrace any peace: Besides fear of the Scots conjunction with the Parliament, the King being now in their power a peace timely made may alone hinder this, which being concluded, the catholics may serve God and their King, and free themselves from all those evils.  
This Letter was signed thus.  
Illustrissimae ac Reverendissimae Dominationis vestrae addictissimi,  
Muskry.  
De mandato Concisij 
 & Comitiorum,  
 
Thomas Terrell.  
11. Why the Viscount Muskry alone subscribed hereunto and none else, I do not know, unless it be, because the ill affected of the Council (for so they call, in the Manuscript outside of the Articles, the soundest part of the Council & those that were not of the faction) did not condescend thereunto.  
13. The Lord Nuncius his Letter 10. junij 1646. sent to the same Council and Committee.  
12. Lest I might (saith he) in this most weighty circumstance of things, seem to have sent unto your honours two several protestations without any ground of reason; I pray you would 
Two Protestation sent by the Lord Nuncius.  read the same reasons, which moved me so to dissuade the peacc in these times, which is now propounded esteeming me to have been compelled to write these things out of ze●le only towards Religion, and the honour of the Catholics of this kingdom etc. And having repeated the substance of his foresaid Letter touching the double quality of the marquis of Ormond, he saith, that though there could be a peace made, yet it ought not to be made for the following reasons. For seeing nothing is therein established concerning the Catholic religion, etc. by what means I beseech you, may the Catholic Confederates defend themselves, if (among others) even the Nuncius Apostolic is to become witness among all Christian Princes; that the Catholics might have 
The good peace rejected; the worse accepted  better conditions from her Majesty the Queen in France the last year; and as yet better from the Lord of Glamorgan in these later Months, and as yet the most plentiful of all concluded by his Holiness in Rome, and yet that the Confederate Catholics, all these peaces being contemned, after so many month's cessations, in the very point of new difficulties in England, and after that a full halt year of the time to make war is passed over; yea, when the enemies are all almost beaten back, should accept of a worse peace, than the other three; Let every conscience bear witness, whether by such a resolution the Oath of Association taken with such glory and constancy be not violated.  
13. It is therefore manifest, unless first the Catholics be assured, that the King's Majesty would ratify the Earl's authority, and that the Queen's Majesty hath clearly understood whether the Pope's conditions shall have place, or no, whatsoever shallbe done, shall tend to the evident destruction of this kingdom, and to the extirpation of Religion (which is the head of all) and to the notable injury of the Princes, who hitherto have laboured for the safety and security of the Catholic confederates; which is so much the more true, seeing no reasonable motive can be assigned by the adverse party for concluding this peace. Then answering to 
No reasonable motive to conclude this peace.  the objection of the danger of the Scots, he saith there is no danger of more Scots to come over this season being busily employed elsewhere, and as for those, that are in Ulster and Connaght, they are sufliciently provided against, by two Armies maintained by the Pope's moneys. There remains therefore only the Lord marquis his forces: and those forces, how great are they, that they may not be repulsed? And seeing we need not fear the enemies this year, why should not we hope that even the soldiers that are in Monster may, after this present expedition, be turned to the defence of Leinster, and by what other ways soever to preserve Leynster. Wherefore (right honourable) it must be concluded, that that peace must in no sort be made; neither must it be treated of, before the things mentioned be notified unto you, lest by an imaginary 
New warning not to conclude a peace.  utility of repose, you lose your estimation with Christian Princes. Be these spoken over and above, what in my Protestations, and in my letters to the Supreme Council I have sufliciently declared, praying that your Honours would ponder them with the same spirit I wrote them, namely for the sole increase of the Catholic Church, and the true and solid felicity of Ireland, which felicity God alone and the Catholic faith is able to give, all things else concluded, whatsoever the world, and the followers thereof can say. Thus far elegantly & religiously the Lord Nuucius in Latin.   

§. 14. An abridgement in English of a third Letter in Latin dated 25. jumj 1646. and sent to the same Council and Committee by the Nuntius in answer to their Letter.  
14 HAving acknowledged the receipt of the Council and Committees letter above mentioned, he first shows wherefore he did not sooner communicate the protestations 
Why the protestation was made & for a while concealed.  to them., Know therefore (saith he) that therefore the said protestation hath been made by me, when in the months past, it was vehemently doubted, (and not without cause) that the Supreme Council and Committees would then by all means conclude a peace with the Lord Lieutenant, and not expect the articles transacted between his Holiness and her Majesty the Queen of England, and by consequence that they would prefer any other peace before the Pope's peace, which contained most honourable and most plentiful conditions for this kingdom. And when I presented this my grief unto the Prelates & Clergy, they (without reluctancy of any) subscribed to my opinion, according to the reverence they ought and do bear to his Holiness. But wherefore the protestation was suppressed, I alone am the cause thereof, being not willing to show it, until I were compelled through great necessity, and desiring (for the love and observance I bear your honours) that it could be perpetually suppressed, but wherefore I have in this present state of things manifested it: this was the cause; that your honours might seriously consider that both Clergies are yet much more ready to subscribe unto it again, if any peace be 
The treaty of peace not discovered to the Nuntius.  concluded, that may be any way scandalous or less honourable for Religion, when as for the expectation of the articles of Rome they so readily subscribed thereunto.  
15. He denyeth that they communicated unto him the manner of their proceeding in the treaty, saying, though they still informed him of many missions of the Committee, to Dublin, yet it is also certain, that they never spoke unto him until the month of March of the peace with the marquis now subscribed, nay it was expressly denied, although I oftentimes showed that I understood from many places of such a thing, and when after the notable declination of the King's Majesty, and the wonderful change of the state of things, I wrote two letrers to your honours, the one the 27. of April the other▪ the 5. of May sent from Kilkenny, wherein I endeavoured to show that no peace could be made with the marquis, etc. I vehemently grieved I could get no answer to them, neither were the letters publicly read in the Committee, nor the reasons pondered, etc. whereof there can be no other cause, than that hidden conclusion of peace, which could be no way dissembled, if answer were given. Whence I might easily suspect that, which for many months hath been bruited, namely, the magnificent proclaiming of the communication of all matters with me, and my consent thereunto that by such reports the people might▪ be drawn with more alacrity to consent unto this intended peace. Which thing (most illustrious Lords) imposed a great necessity on me (if an honourable peace were not concluded) to admonish the kingdom and the chief Cities thereof, that I never 
The Nuntius never assented to Ormonds' peace.  gave assent thereunto, lest I should seem by my silence and presence to blemish the most holy intention of his Holiness, who urgeth nothing more, than this free & public exercise of the Catholic Religion, etc.  
16. Unto the necessities alleged by the Supreme Council and Committee, he answers, no necessities could be so pressing as to force the Confederates to make any peace, or to accelerate 
Answers to the necessity.  political conclusions without an honourable addition of things Ecclesiastical also, etc. and that the cause, why such plentiful succours, as they expected from Rome, came short of their expectation, was, that at Rome, it was held that the Supreme Council & Committees by their Cessations with the Lord Lieutenant did corrupt the good success of the affairs, and the progress of their victories, whereby they injured themselves and his Holiness, which opinion grew so strong in Court, as the same was insinuated by the sacred Congregation unto the Nuneius himself, when he was there, & among those of the wisest sort grew so violent, as it can hardly be now blotted out. He addeth further, though the succour, by himself brought being considered abstractively, were indeed very little, in respect of what his Holiness, and other Princes of Italy together with the cardinals, resolved to send; yet ought they to be esteemed much considering the poverty of the See Apostolic; which by the last wars was in a manner exhhausted, and the charge of sending hither an Archbishop, a Nuncius Apostolic, etc. which was an undoubted pledge of further succours from time to time, neither ought they to be esteemed small succours, without which the Armies could not be timely sent into the field this year, and by which in Ulster two great victories have been obtained, & a whole province freed, & such a slaughter made of the enemy, as was not heard of these four hundred years, which with the hopes of Prestons' victories in Connaght are strong arguments, that the monies given by the See Apostolic for the advance of the Catholic Religion do bring forth immense fruit, even to miracle, if with due confidence & estimation they be received & employed.  
17. He urgeth the affairs of Ulster to proceed so well, as that Province was never in better condition, & that the proceeding of Connaght was not of less hope, and that if Bunratty were besieged, as it ought, the Army that was in that Province might be sent to Monster and so three Provinces recovered in the residue of this Summer. Wherhfore (saith the zealous and incomparable Prelate) seeing the marquis 
No cause of fear.  of Ormond alone remains, who may oppose himself to the Confederates, I pray you, what reason have you, why you should fear him, if he may neither join with the Scots now overthrown, and that he is in such want of moneys, as he hath been forced to beg three thousand pounds from your Honours these later months to make up soldiers, for from England there is no danger that any succours shall come unto him this Summer. Give me leave (right Hhonourable) to speak freely to you, this favour & miracle of heaven requires from you some compensation or thanksgiving; this can never better be paid by you, than by laying aside all fear, and by increasing your confidence in the divine aid.  
18. He goeth on egregiously showing, there was no necessity on our part, nor any power or authority on the Marquesle his part, to make a peace; that more prejudice would 
More prejudice by this peace, than by a war.  arise by such a peace, than by war, as first the dishonour, which thereby might redound to the Nuntius. Secondly, the dishonour unto the whole Nation among Christian Princes abroad. Thirdly, the distaste of the See Apostolic, that the worst of all peaces should be preferred before his, which was the best of all. Fourthly, that it was as good to make no peace at all for the Church, as to trust Glamorgans' peace being now recalled by his Majesty, by Glamorgan himself abandoned, and the condition no way performed. Fiftyl, the ruin of the Catholic Faith by raising unto the chief government a Protestant Lieutenant. Sixtly, the danger of resuming Armies, when the enemy is put in the height of authority and power. Seventhly, the assurance of no reconciliation with the Pope, if the peace were concluded. Eightly, the exile of the Nuntius. Ninthly, the just fear of losing whatsoever the Confederate Catholics have gained.  
19 He fore warns them of their dishonour among Catholic Princes, to whom he must publicly notify his dissent from that peace, and adviseth them by no means to go forward in the peace if there were any difficulty, that a General assembly should be called upon to determine the same the least mischief should fall on their own heads alone, and lest they might be thought to have examined lightly and contemptibly the Pope's reasons. Thus far the Apostolic Legate, where you are to observe that after this answer was made by the Lord Nuncius, and before the peace was legally concluded Bunratty and Roscoman were gained by the Catholic Confederates, and Prestons' Trophies erected by purging all Connaght (Sligo only excepted) of the Scots, whereof more numb. 32.   

§. 15. The Author's observations on the Council and Committees Letter above mentioned §. 12. and their reasons to conclude this peace resuted.  
20. THe Author observes in the first place that the Council and Committee acknowledge the receipt of the Nuntius and Clergies protestation against any peace to be made with the marquis of Ormond, together with the Lord Nuncius his letter to the same effect. In which the Nuntius declares the cause of his opposition to such a peace, namely, until first the splendour of the Catholic Religion be established, and with the articles published. For this cause chiefly the Catholic confederates took up arms, as appeareth by their several Declarations, Remonstrances to his Majesty, solemn Oath of Association, Model of government, and several acts established and published in both the Assemblies held in Midsummer 1645. and February 1645. The same is confessed by the Council and Committee in this very answer sent by them to the Nuntius: Templa, aedes sacrae, altaria, aur haereticorum polluta ins●rviebant vesaniae. aut solo aequae●a jacuerunt penes Protestants, etc. pro aris & focis & Regis sui indubitato jure bell lum iner●es moverunt. See as yet more amply in their own Declaration, and other evidences hereafter to be produced. upon these grounds, and upon the promise made by the same Council under their own hands, and delivered to Master Spinola that they would never make any peace, but what the Lord Nuncius would consent unto (whereof mention is made in the Lord Nuncio his protestation above, and hereafter shall be made more susely) the Lord Nuncius (and with him the clergy) confidently avouched he would never consent unto any peace, until first the splendour of the Catholic Religion were established and with the articles published. With the Lord Nuncius and Clergy agree the soundest and all the disinteressed part of Council and Committees, whom those others, who concluded this pacification, or peace in expectance, term the ill affected of the Council, etc. and with these also conspire the whole kingdom in then several protestations and acts published in the Assembly held in Midsummer 1645. namely, 2. 4. 9 11. 13. junij 1645. and 14. 18. 21. 28. of August, and in the assembly held in February 1645. namely, 5. 7. 9 10. 12. 19 etc. The two powerful Armies (such as never yet were seen in Ireland) raised and gathered together on a sudden (even then when the late Council had exhausted Pope Clergy and kingdom) to defend the public cause, doth confirm the general dissent of the Confederate Catholics from that illegal unsafe and unsecure peace, which defence had proved the most fortunate to Religion, King and Country, that ever Ireland saw, had not faction and sedition, preverted the happy success thereof. But Expecta Dominum viriliter age & confertetur cor tuum. By all which it appears how far they erred, who in their foresaid answer to the Nuntius affirmed that the chief Cities, Counties, and Commanders were glad to embrace ANY PEACE, etc. Experience hath taught them ere now, the contrary, notwithstanding the multitude of conspiracies wrought to seduce such Cities and Commanders.  
21. To prove the revocation of the Committees commission by the said protestation, we say, that as the body politic of this Kingdom is composed of two parts, the spiritual and the temporal, so ought not the temporal part alone aslume such authority to itself, as to conclude a peace for the whole body, even then when the spiritual part positively resisted. That the temporal part should dispose of the lives, livelihood, liberties and estates of the spiritual part, at their own pleasure without their consent, was a sacrilege practised in the apostatical days of Henry the eight, yet did he still preserve the Catholic faith, and established several acts of Parliament for securing thereof, only he erred in the point of Supremacy. In our days the one and the other is taken from us; a few secular men not only dispose of the lives, livelihood, liberties, and estates of the Church; but also destroy Faith and Religion, by giving the same over unto the Tutelship of the sworn Enemies of Faith and Religion, and (as if they were emulous of the prosperity of holy Church) have renounced those great graces, which our Sovereign conferred on us, for the conservation and free exercise of our Religion, and accepted of his subject (whom they know to have, at least, indirectly, vowed the ruin of Religion) abject 
Scire vos oportet quod nunquam ab aliquibus nostr●os homines sinimus ●pprimi: sed si necessitas ulla occurrerit, praesentaliter vindicamus, quiae nostri gregis in omnibus ultores esse debemus & praeciput adiutores. Leo. 4. habetur▪ c. 23. q. 8. cap. 8. omni timore ac terrore deposito contrae inimicos sanstae fidei & adversarios omninm Religionum agere viriliter sludete: no vit enim Omnipotens, si quilibet vestrum mor●itur, quod pro veritate fidei, & salvatione patriae, ac defensione mortuus est, ideo ab eo praemium caleste consequetur. idem ibid. cap▪ 9  pernicious conditions destructive to Religion. Nothing now is wanting, but that they imitate the monstrous Parliament in England, who after taking away Church and Church-livings, Faith and Religion, have at length discarded the Prelates, and chief Pastors of Faith and Religion, but as that body is monstrous without a head; so is it imperfect without the chief members thereof: nam & corpus non est unum membrum, sed multa &c quod si essent omnia unum membrum ubi corpus? The eye cannot say to the hand, I nee de not thy help: nor the head to the feet, ye are not necessary for me; The error had been more gross, if the temporal or material part of either natural or politic body did say to the spiritual part, I have no need of thee, you are not necesary for me: If the body did say unto the soul, or the Lay man to his spiritual Pastor, I have no need of thee. We have had only one Church man (the right Reverend the Archbishop of Dublin) among those 13. persons, who were selected for the committee of Treaty; but they made use of this Prelate in the Treaty, as accomptants do cyphers in numbers. If the Clergy attempted to conclude a peace for temporal matters without consent of the seculars; what think you; would not the seculars be justly ossended with the Clergy, and reject such a peace? How much more reason hath the Clergy to be offended with those few seculars that attempted (and that without commission) to conclude a peace in matters of Faith and religion, of Church and Church-livings, of sacrifices and Sacraments without their consent? The principal end of our war being to repair & propagate the Catholic faith and to vindicate the injuries done unto the Professors of the same, who ought rather to approve, authorise, or prosecute the same, than the prime Prelates of faith and religion? ye aught to know (saith Pope Leo the fourth Supreme Pastor of holy Church) that we never permit our people to be oppressed by any, but if any necessity occur we defend them without delay, because we ought in all things to be defender, of our flock, and ●hiefe assistants: for Bishops ought not only to be keepers of Papers, but also defenders of Churches. Wherefore the same Pope writing to the French army exhorts them, having laid aside all fear, to endeavour manfully to set upon the Enemies of holy faith, and the adversaries of all Religions: for the Omnipotent knows, if every one of you should happen to die, that ye die, for the 〈◊〉 of faith, and saving of your Country and defence of Christians▪ and therefore ye shall receive from him a celestial reward.  
22. Much more might be alleged aswell out of the said Pope, as out of others, whose steps have been traced by the late Pope Viban the eight, and the now Pope Innocent the tenth, in their several Apostolical Missives addressed unto the confederate Catholics authorising their holy war and exhorting them to the prosecution thereof, which because the same is elsewhere treated of, I omit in the present Survey; I will only here summatily lay down what in other Canons (touching the Ecclesiastical power to make war) are more amply to be found. In the pour granted to 
Se● Mercur Apologetic. position. 1. ●x can. extrau, commu. lib. 1. tit. 8. de major. & obed c. 1.  Saint Peter, and his successors, there are two swords, a spiritual and a temporal etc. he that denies the temporal sword to be in the pour of Peter understands not rightly the word of our Lord, saying, put up thy sword into thy sheath Matth. 26. Both then, to wit, the spiritual and material sword, are in the power of the Church, but this indeed to be employed for the Church, that by the Church; That by the hand of the Priest, this by the hands of Kings and Soldiers, but at the command of the Priest. But one sword must be under the other, and the temporal authority must be subject to the spiritual power. By the Pope's Edict war is made not only against heretics, the enemies of faith & other Rebels, but also when his known subjects (the Catholics) 
V●i supex lac. de Graffijs decision. 28. & canonib.  are oppressed. He may lawfully proclaim war, not only against Infidels, but grant tithe also for so pious an act, seeing that such a war tendeth to the defence and ampliation of faith; and to the recovery of the lands whereof they have been robbed and wherein Christ was worshipped, as also because by this war the common profit aswell of the Clergy, as of the laiety and Churches is procured.  
23. This much I have expressed for the information of out seculars, to the end they may take notice, that as a war for the reparation and propagation of the Catholic faith is authorized by holy Church; so a peace concerning the same faith ought to be established and concluded by the same Church; and not by any private Lay men, whereof some peradventure have possessed themselves of our Church-livings by the oppression of Henry the eight, who therefore cannot but be partial judges in their own cause, howbeit traepidaverunt timore ubi non erat timor; the Clergy of Ireland preferring the public good before their own private interest, are ●eady to renounce their interest to such Church-livings, according the dispensation & relaxation made or to be made by the See Apostolic, and according the unanimous resolution of the kingdom assembled together. The punishment inflicted by God on Vzias, jeroboam, and other seculars for intermeddling with spiritual affairs, invitis Sacerdotibus, may be a sufficient caveat for others to decline such negociation. Neither ought they think it strange that Churchmen should interpose themselves in martial affairs, especially when the same concerns Faith and Religion; herein they have as patterns to imitate the Prince and high-Priest Mathathias, and his posterity, the noble Machabeans, judas Machabeus, jonathas, Simon, john, Onias, etc. who in defence of holy Church, and 
1. Macha● 2. 66. c. 3. 11. 23. c. 4. 20. 34. c. 10. etc.  their Country liberties defeated Apollonius, Seron, Lysias, Pto●omeus, Nicanor, and Gorgias, chief commanders for King Antiochus & his son. More for the present I omit; for indeed this matter deserves a special treatise. Our conclusion upon this first observation is, that the committee of Treaties commission (if it were aught worth) was sufficiently recalled before the conclusion of any peace) by the chief members of the body politic of this Kingdom, to wit, the clergy, who are the spiritual members thereof, and with all by the authority of the See Apostolic, to whom it belongs to make peace or war in like case; Especially when the secular Prince is not able to redress the subjects grievance. See n. 46. etc.  
24. In the second place I observe, our late Council and Committees have violated the public faith and promise made by them to the Nuncius Apostolic, assuring him they would never conclude any peace, but that whereunto he would condescend, upon which conditions he came into Ireland, and they accordingly accepted of him. Hereof the Nuntius challenged them in the above protestation; but their silence in not answering thereunto argues their tacit confession of breach of promise. I do not know what conscience men may frame unto themselves, to send into Rome by letters and Agents, praying the See Apostolic, to help and honour this Nation with a Nuncius Apostolic, and after so great a Prince and Prelate (having exposed himself to many dangers by Sea & by Land) arrived in this Kingdom with full and ample power to aid and assist the confederate Catholics, not only by his council and advise, but also by the contribution of monies and ammunition; to make use of him to serve their own turns, but never to follow his ways or direction, never perform what they promised, but lurkingly to proceed in the conclusion of this miserable peace. Whereof the Nuntius being privately advertised, and observing the sudden sending of the committee of Treaty to Dublin, challenged them of their promise; unto whom by their lelter dated at Kilkenny mense Marcij 1645. they answered that the committee concluded no articles of peace, neither could there be any articles of peace perfected or have any power before the Calends of May, and that nothing was done contrary to the sense of the paper signed and delivered to his most Illustrious domination, and therefore prayed him to give credit unto them, professing these things. It's not without mystery, that the day of the month of March is omitted in this letter: lest they should be found guilty of notable falsehood; for at this very time were the committee in Dublin actually labouring in drawing up the articles of peace, and in signing and sealing the same; for (if you be remembered) their commission was given them the 6. day of the same month of March, the draught of the Articles was given Mr Darcy by the Viscount Muskerie on the 14. of the same month, and signed and sealed on the 28. wherefore the council did purposely abstain from putting to the letter the precise day of the date thereof, to conceal their own sinister and clancular proceeding in concluding that peace, contrary to their promise passed unto the Nuncio, which in this last letter of the first of june they tacitly confess. But by their good leave, they went beyond their commission; for neither had they, nor our Committees of Treaty any further power. but to prepare all affairs concerning the treaty of peace, not to conclude the peace, as appeareth by the act of Assembly, dated the second day of the same month of March.   

Twelve answers refuting the objection affirming that the Lord Nuncius desired to protrast the peace with Ormond no longer than until May.  
25. IN this Letter of the first of june the Council and Committee of Instructions affirm that, according to the desire of the Lord Nuncius the conclusion and publication of the peace was deferred until the Calends of May, lest any impediment should be given to the conditions (of peace) which by that time were expected from Rome. Whereunto answer is made first, that as they 
1 Answer  broke their first promise freely made unto the Nuncius by that Instrument, which they delivered to Spinola, whereby they obliged themselves never to conclude any peace, but what should be to his liking; so here also have they foully broken their promise by signing and sealing a peace on the 28. day of March, which was upwards of a moveth before the Calends of May, which they themselves (in their confirmation of the peace) do call a concluding or agreeing upon, etc. Secondly, 
2. Answer  I answer that in the diurnals of the assembly held in February 1645. I read of an agreement passed between the Lord Nuncius, Glamorgan; and the committee of Instructions, 
See hereafter §. 19  which was published in the assembly by Glamorgan 19 of February 1645. but this agreement, or happy conclusion of peace (for so my note terms it) could not receive full satisfaction until May. How the self same committee could without breach of faith conclude, or give order to the committee of Treaty, to sign and seal a peace the 28. of March following, contrary to this agreement, I conceive not. Thirdly I answer that the full satisfaction, which by May was expected was the coming 
3. Anfwer  of a more secure, more honourable & more advantageous peace from Rome; which was imagitation between his Holiness and our Queen, than Glamorgans' own peace, which the Nuntius publicly declared in the assembly 9 of February 1645. But as the heretics of England did hinder this more secure & more honourable peace from the Pope, so did our council and committees (I mean still, the corrupt part of both) hinder not only that peace, but Glamorgans' peace also: for their preposterous acceleration of the sealing and signing of Ormonds disadvantageous and unwarrantable peace, could produce no better effect, than to give occasion to his Majesty to recall Glamorgans' peace, and to give command to desist in the prosecution of the Treaty with his Holiness, his Majesty having once notice that the marquis of Ormond had concluded with us upon far in feriour conditions; for we are to know that this unjust peace was a moulding half a year before, and that the marquis had time enough to inform his Majesty thereof, thereby to invite his Majesty to the revocation of Glamorgans' Commission.  
25. Hence proceedeth a fourth answer? that the Lord Nuncius seeing the delay of the Pope's peace, and the revocation 
The 4. answer.  (though invalid) of Glamorgans' peace before May, very providently and carefully sent unto the council and committee of Instructions before the Kalends of May the foresaid protestation made by himself and the clergy against any peace to be made with the marquis of Ormond; and lest that should not prevail with them, he sent unto them (before May also) his special letters dated the 27. of April inhibiting them from proceeding on Ormonds' peace, which he confirmed by those three other letters of the fifth of May, 10. and 27. of june above mentioned, which (I trow) was a sufficient revocation of any allowance they could pretend to have had from the Nuntius to conclude a peace with Ormond after May; a thing neither he nor any good catholic would ever consent unto, having seen the revocation of Glamorgans' peace, and the damnable practices of his and our adversaries, & for this very cause the Nuntius flatly denied at Limmericke (as is said) to give his benediction to any of our committee of Treaty going to Dublin, Plunket only expected, whose re-Iuctancy and aversion against that unhappy peace is wel-knowne.  
26. Here I must prevent such nimble wits, as thus argue: 
The 5. answer.  the Nuntius desired the conclusion of the peace with Cr●on● should be protracted until May. Ergo he consented, it should be concluded after May; this consequence I deny, as they themselves would deny this sequel, if one bidding them adieu, would say, God be with you until I see you again. Ergo he mindeth that God shall not be with them after he see them again. Unto Micol the daughter of Saul (saith the holy Text) was there no child borne until the day of her death. Will our committees 
2 Reg. ●● 26.  or any other thence infer, by reason of the word (until) that she had a child after her death. Until heaven and earth pass, one 
Matth. 5. 19  jot or one tittle, shall not pass of the law. It follows not that after heaven and earth pass, that then the law shall pass. He had been an Helvidian heretic, who against our blessed Ladies perpetual and unspotted virginity, would infer out of this passage of the Scripture: joseph did not know our Lady 
Matth. ●. 25. Math. 28. 20. Psal. 109. 1. Chrysost. in c. 1. Matth. Hie●. abide. & contra Hcluid.  until she brought forth her first hegotten child. Ergo he knew her after. More you may read in the Scriptures, Father's, and Schoolmen. It is known what sinister practices the corrupt part of that council and committees, used in this matter, when they pleased to say a peace was concluded with Ormond (to hinder any other peace) it was and must have been so; when they pleased to say there was no peace concluded with Ormond (for their own advantage) it was so: and their faction grew so strong, and their Art so industrious, as in our later assemblies, they seemed to rule and govern faith and religion; kingdom and people, as they pleased. That would I once see well discussed, how and by what commission the committee of Treaty signed and sealed the rejected peace before the Kalends of May, contrary to their own 
See hereafter. §. 18. 19  promise and the promise made by the whole kingdom to the Nuntius? By what commission or authority did the late council and committees immediately after the signing ●nd sealing of th●t rejected peace betray the country in sending over D●gby into Frunce, there to make a faction, and by the power of the Arms of France to force that unsafe peace upon the confederate catholics of Ireland, & upon sending him over, to rack this kingdom by taking up by force 1200. or 1500. pounds in money from the catholics to furnish a known adversary to Religion and country in that voyage, and to disappoint the kingdom of the best Shipping they had by trusting the same unto him?  
27. It hath been observed, that the late Supreme council and committee of Instructions have exhausted this distressed Nation in succouring & relieving, maintaining and supplying with monies the two greatest adversaries to Religion and countre●, that ever Ireland saw; & have evermore substracted all means & sustenance from the two great Noble Catholic subjects Antrim and Glamorgan, who have been chiefly entrusted by King and countroy to bring these unhappy disorders to a happy atonement. By public Assembly Antrim was allowed to carry, into Scotland a certain number of men for the King's service, & to defray that charge a considerable sum was granted unto him by the catholic confederates. Our late council by influences (as is said) from Dublin, crossed all that design, and had stopped the marquis of Antrim himself, had he not timely slipped anchor, and got him away. Can there nothing be done for Religion, King or country but by the adversaries of Religion, King and country? Ah, let never any inordinate affection towards any private subject diminish in any their zeal to Religion, loyalty to sovereign, & love to their own native country? Mr. Brent the Lawyer standing near the cross of Kilkenny seeing proper Irish gentlemen walk in the streets, was heard to pronounce these words, or words to that effect, were it not pity that these proper gentlemen were forced to employ their arms against, and kill one another, which undoubtedly they will do, if they accept not of what peace the marquis of Ormond will prescribe unto them. The very like words he was heard to iterate in Dublin. Doctor Meara wrote from England to Dublin to a friend in Dublin words to this effect: Here (with the King) all things concerning Ireland are squared according the rule prescribed by your great one there, his will is that the dismembered Parliament there (in Dublin) continue, and prayed the King to turn the Irish over unto him, and be would draw them to what conditions he pleased. Others say, the same great one protested, That he would spill the least drop of blood that run in his veins before he would suffer the least lustre of the Protestant Church to be diminished. Whether he meant the Church, which the King's Majesty calls protestant Church, or that Synagogue, which the parliament in these later days hath baptised protestant Church, I leave to the interpretation of his own ghostly father in Dublin. See the marquis his Treaty with the Parliament Commissioners. pag. 21. 
6. Answer   
28. When the Council and committee promised under their hand unto the Nuncius, that they would conclude no peace, but what would be to his liking, they limited no time, until May or Midsummer; neither did the Nuntius or Congregation in their several protestations made against any peace to be so concluded with the Marquis of Ormond limit any such time. It is therefore certain, that neither Nuntius nor Clergy did ever consent, that such a peace should be concluded 
7. Answer  after May. Yet if we did suppose a falsehood, that they consented a peace should be concluded after May, with the Marquis, it followeth not, that they consented, such a peace should be concluded, which is known not to be the same with that, which then (in the month of February & August) was in agitation, and publicly read in the assembly, as we have observed in the first part, chiefly on the first article. Nay, if we may give credit unto some of integrity, who were of the Committee of Instructions, those very articles, which were read among themselves privately, were notably changed unawares of the said committee. Matters were carried with such secrecy, as they were not communicated unto any disinteressed person of Council or Committee: for, qui male agit, edit lucem. Again, though we did suppose, 
8. Answer  that not only the Nuntius and Clergy, but also the whole kingdom should once consent, yea, authorise the committee of Treaty to go forward in the peace with the Marquis, which once was read in Assembly, being then assured of the full benefit of Glamorgans' peace, and in expectation of the Pope's peace, doth it therefore follow, that when this assurance of Glamorgans' peace was taken away and our expectation of the Pope's pe●ce frustrated, the same consent of Nuntius, Clergy and Kingdom, together with the mandat given to the Committee of Treaty, must still remain, especially when that very peace, they concluded with Ormond put an obstacle not only to the benefit of Glamorgans' peace, but also to all other peaces, the law tells us that in this case the mandat or commission given is extinguished: extinguitur evim 
L. Sicum & & l. cum quis 〈◊〉 desolut.  mandatum mutatione status in deterius. consensus autem conditionatus sublata conditione tollitur.  
29. Out of all which the Reader may resolve that objection, which the Council and Committees commonly object against the Clergy, as if the Clergy themselves did agree and consent in all points unto this peace, for (say they) the Archbishop of Tuam in open assembly, admonished us not to trouble ourselves about the affairs of Religion & Church; for (saith the Archbishop) the Clergy are fully satisfied, and do rest content with what already is agreed upon concerning that particular. Words to the same effect I read in my diurnals of the assembly 19 20. 23. February 1645. wherein the Nuntius himself confirmed the above mentioned speech of Glamorgan; and Glamorgan himself signified again in public assembly that our peace then was to our own hearts desire. But all this being after changed (as you heard) and the King himself being 
The 9 Answer.  reduced to that deplorable condition, as neither his Majesty nor his Lord Lieutenant were able to make good any conditions to be agreed upon in the behalf of the confederate Catholics; the committee of the Treaties commission (if any they had) was extinguished; and they (to discharge their own conscience, and the trust imposed in them, and withal to avoid the suspicion, which the Kingdom conceived of them) should endeavour by the mediation of the Supreme Council and committee of Instructions, to have an assembly forthwith called, as the Lord Nuntius earnestly desired in the behalf of the Clergy and Kingdom. And seeing 
The 10. Answer.  by the words of the Archbishop of Tuam the point of Religion, and Church was otherwise concluded and agreed upon between the Clergy and the King's special commissioner, they had no commission to treat or conclude any thing to the prejudice thereof with any other. Now, if they will obstinately insist upon it, that the Clergy or spiritual member of the body politic of this Kingdom could not recall the power or commission granted unto them by the whole body; surely they will not be so perversely obstinate, as to deny, they may recall the commission, for so much of the matter to be treated of, as belonged to themselves, namely the affairs of Religion, Church and Church-livings, jurisdiction, etc. Yet, I am of opinion, if one of three Merchants, who are partners (contractu Societatis or otherwise) recall a procuration, or letter of Attorney made by the three to one Factor, to negotiate their affairs, the revocation is valid and good. More examples and authorities I leave to our Lawyers to be 
The 11. Answer.  alleged. Lastly (to come to a period in this particular) you see by the diurnal of the acts of Assembly 19 February above mentioned, the words go not so, that our council or committees should expect until May the conclusion of any peace, and that the Nuntius desired no further time (as they insinuate in their answer) but that the conclusion of the peace between the Lord Nuncius, Glamorgan and Committee, could not receive full satisfaction until May. By which words alone (if all other reasons were wanting) their objection is blasted. Yet, let us again suppose a falsehood, that the Clergy did once 
The 12. Answer.  consent, that the Committee of Treaty should after May conclude a peace with the Ma●ques of Ormond; who may doubt, but they might afterward absolutely recall any such consent, and that the committee (being certified of such revocation) could not validly proceed? See the decretals lib. 1. de Rescriptis Tit. 3. cap. 33. and the gloss thereupon, where a Rescript obtained by a Proctor or Attorney after revocation of his procuratory is declared invalid by Pope Gregory the ninth, which may very fitly be applied aswell to the Revocation of the Marquis of Ormonds' commission, as to the revocation of our committees commission.   

A fourth observation refuting the allegation of the Council and Committee, affirming that the necessity and calamity of the Kingdom, enforced them to conclude this peace.  
30. To the objection made concerning the necessity of our country and want of means to prosecute the war a 
A threefold answer.  threefold answer is returned. First, that by conjunction with the marquis of Ormond upon such sordid conditions such necessity is rather augmented, than any way decreased, as appeareth by what we have observed above and in the first part of this survey in our observations on the 25. Article: for by that peace (were it accepted) we were tied to maintain not only the Catholic Confederates army and the Garrisons in their Quarters, but also all the armies and Garrisons belonging to the pretended Protestants in the four Provinces of Ireland; we should be at the charge to maintain the marquis of Ormond his followers, the Lord Digby, and other pretended Protestants, that throng hither, which would be more burdensome to the kingdom, than the maintenance of an Army in the field; to speak nothing of the danger, whereunto the Catholic Religion would be driven by entertaining such guests, whose imaginations and endeavours are wholly employed in sowing sedition, and division among the Confederate catholics, to the end they might ruin this poor Nation, suppress religion, and raise up heresy, unto whom when the catholics have done the most charitable offices they may, they must expect no other reward than that which the 
* Quibus cum benefeceris pejores ●…fiunt.  ten Leopards gave unto the martyr saint Ignatius. We may foresee our future calamity by such conjunction in the present calamity wherein the distressed Catholics in their Quarters are. The pretended Protestant party have neither meat, money, ammunition, or other provision for war: How then do they expect to be relieved, but by the Confederate Catholics? There were but three hundred pounds in our Treasury at Kilkenny, when the marquis of Ormond came thither, which were commanded by the late council to be forthwith given to that handful of soldiers, that waited on his Excellency to Kilkenny from Dublin. There are, at least, fourteen thousand pounds due on the marquis of Ormond for the maintenance of the protestant Army, and Garrisons in his Quarters, as appeareth by the Treaty passed between his Excellency and the commissioners sent unto him by the parliament. Who doubts but that great sum would be racked from the confederate Catholics, if once they joined with him upon the rejected peace? I p●sse by the 1200. or 1500. pounds given to the Lord Digby, etc. add hereunto upon conjunction (upon a peace so disadvantageous to the catholic faith) the succours expected from catholic Princes and Prelates abroad would be wholly subtracted from us, without whose succours we shall never be able to subsist; on the other side the protestant party expect nor a groat from any their allies at home or abroad.  
31. Our second answer is, that the loud cry of the people (and that confirmed by the Lord Nuncius his letters above) is, that our late Supreme council themselves are the chief cause of such weakness and necessity, aswell because they continued for the space of three years a tedious, chargeable, and needless cessation with the marquis of Ormond: by which means the Parliamentary rebels in the North, Conaght and Monster (who at first accepted the cessation) had leisure enough to strengthen themselves, who having sufficiently furnished themselves from England and other places, rejected the cessation, and put in practise their hidden treason: as also because they consumed vast sums of money on the Marquis of Ormond and other known enemies of Religion without any necessity, which being observed by Catholic Princes, and Prelates abroad, gave occasion unto them to subtract the aid and succours, they resolved to give unto the Confederate Catholics for the advance of Religion, and conservation of Monarchy. Our frequent missions to Dublin were known to have corrupted men of integrity, increased division, multiplied faction: Conversi sunt in arcum pravum. Besides the extraordinary sums bestowed on the Lord Marquis of Ormond, our late Council licenced him (yea were active Instruments for him) to receive all his rents and revenues out of the Confederate Catholics Quarters; and whereas the confederate Catholics themselves contributed to the public the fourth part of their rents, the Marquis of Ormond had so great favour with our Council, as not only himself, but many of his friends also contributed no more, but the eight part of such rents, as they had within the confederate Catholics Quarters. This was not all: they licenced him also to take up in mortage, lone, and otherwise upwards of twenty thousand pounds worth: great yearly rents were given by them unto those very persons, who were known to have been husband men for his Excellency in sowing division among the confederate Catholics: those that affected that party were preferred to places of honour, command and profit; others that affected the public, rejected: p●mphelets made by the enemies against the justice of our war, entertained and admitted; books made (even by advice and command of Council and convocation) suppressed, so powerful were Factionists among our council and committees. Were the rents due to the Marquis of Ormond employed with fidelity for the Catholic cause, well nigh a thousand men might be maintained thereby every day in the year; or if the same were charitably dispensed among those Catholic noble men and Gentlemen, whom the Marquis burned, wasted, and banished; then had they been provided for with competency to relieve themselves, and not necessitated to fawn on the Marquis for any desperate peace, who otherwise would be glad to fawn on them, and the rest of the confederate Catholics, being reduced to their necessity, if his means were substracted from him. Our own subsidies subministred unto the Marquis, have been the chief occasion, why his Excellency hitherto disobeyed his Majesty's commands, in not yielding to such a peace, as he commanded? The sending of suspected Generals (whose Treachery is now discovered) unto Ulster & Monster, where they did little service, and wasted upwards of threescore thousand pounds, did concur to this necessity and weakness; which was augmented by decrying the p●ice of Bullion, procured by private men for their particular interest, contrary to the act of the first general assembly, whereby Merchants & others do now make it a trade to export Bullion out of the Kingdom, who before made it a trade to import Bullion into the kingdom. I pass by the lamentable division, which if daily fomented among ourselves, and causeth many to be more tenacious of their moneys, and less free in their contributions to the advance of the catholic cause; less service irdone, and yet our necessity increased; what we gained by God's powerful hand, we are like to lose by our own facall division. In a word, not out enemies forces, but our selves have brought upon us all the necessity and weakness, the late Council and Committees have thus complained of. Sed tantum confidenter state, & videbitis auxilium Domini super vos 
2. Paral. 20. 17.   
33. Our third answer is, that our necessity or weakness is not so great (for all that) as they seem to aggravate. First, because we received from catholic Princes and Prelates abroad in money and money-worth well nigh an hundred thousand pounds. Secondly, we had the assistance of the Excise. Thirdly, of Customs. Fourthly of the King's Rents. Fiftly, of the tenths of prizes gotten at sea. Sixtly, the estates of the fugitive Parliamentary Rebels▪ Seventhly, two thirds of the Church livings. Eightly the fourth part of our own catholic confederates rends. Ninthly, several grand applotments, which amounted to large sums of money. Tenthly, other great sums borrowed by way of jone, etc. Certes these subsidies are far greater, than those, which our enemies in all the Provinces of Ireland have had, and (being well managed) had maintained yearly in the field a greater army, than ever hath been maintained by the late council & committee; but when great pensions are given to many, who do but little service to the cause, or who may well serve for nothing being other wise rich enough, what marvel is it that the means appointed to relieve the soldiers are thus eaten up? Yet are many of those men, who thus heavily complain of necessity so far from being really necessitated, as (among them) they have made purchases of twenty thousand pounds worth; and many of them who had not where withal to subsist, are now furnished with many thousand. Trepidaverunt timore, ubi non erat timor. When we contributed large sums of money to the enemy, we never complained of necessity; but when we are to contribute to the maintenance of the catholic cause, then are our complaints multiplied. To maintain heresy against God, and treason against our Sovereign, the London heretics contributed in one morning well-nigh a Million of money, and since that time have contributed many Millions more, and yet never complained of necessity: shall Catholics to maintain Religion towards God, and loyalty towards their Sovereign, be inferior to such miscreants? Were our necessities relieved, or our war diminished, and the Catholic faith in some sort secured, by the late rejected peace, some colourable excuse these men might have for their complaint of necessity. But when by such a peace our necessities are rather augmented, & our war increased, and (which is worse of all) our religion extinguished, what just cause of complaint may they pretend? You will say, having peace with Ormond we have less enemies to oppose, & the war is (by so much) diminished. I answer, the catholic Confederates gain not somuch tranquillity by that peace, as they gain woe and misery, infamy among Christian Princes on earth and the indignation of God and his Angels in heaven. Seeing they are tied to maintain all the heretics of the kingdom, and all the armies & garrisons belonging to their enemies, whereas before they had only the Catholics and the armies and garrisons in their own quarters to be maintained, and besides that, by that peace, they lose all the subsidies above mentioned, which hitherto they had to maintain such armies and garrisons, so as they are like to be reduced to the most miserable condition, that ever any Nation hath been reduced unto. Add hereunto, that in very deed, when we suppose by this peace, that we have peace, yet we have no true peace, but the Marquesle is at his own liberty to break off, when he finds his best opportunity, seeing the peace is invalid and grounded on no Commission, Et curabant contri●i●nem f●liae p●puli mei cum ignominia dicentes, pax; pax, & non erat. pax. jerem. 6. 14. See 1. part. art. 15. etc. And p. 2. §. 2. See hereafter numb. 35.   

The danger of the kingdom aggravated by the foresaid Counsels Letter unto the Nuncius, taken away before they concluded any peace.  
33. IN that Letter you have heard the Council and Committee aggravat vehemently the dangerous state and condition, wherein then (1. junij 1646.) the kingdom was; and to avoid this danger they would needs make any peàce upon what conditions soever. This was the chief pretence they had to make this unhappy peace. Now, mark the just judgement of God discovering the corruption of this pretence; before ever they concluded this peace this dangerous state and condition, wherein the kingdom than stood, was quite taken away by the wonderful hand of God, insomuch as Ireland was never in a better posture or condition than it was, when they concluded this peace. Mark it well, I pray you: the peace was never concluded until the 29, of july 1646. neither were they by virtue of any anteriour contract bound then to conclude that contract, as above I 
Infra. s. 2.  have proved, but they remained still in their full liberty till the foresaid 29. day of july to conclude or not conclude a peace. Before that 29. day of july, namely, the sift day of june the glorious victory against the Scots in Vister was obtained by the Confederate Catholics, under the conduct of the renowned Commander Eugenius O Neyle; and by that means the dangerous state and condition of that part of the kingdom quite taken away. On the 7. of july (which was 22. days before the peace with Ormond was concluded) the noble and vigilant Commander Preston (after deleating all the power & strength of the Scots-horse, which was upwards of 600.) reduced to the obedience of the Confederate catholics (for his Majesties ufe) Roscoman, Abbey of boil, etc. and immediately freed all that Province of Connaght (Slygo only excepted) from the infesture of the rebellious Scot, and had clearly chased them out of Slygo also, had not this wretched peace given interruption to his fortunate endeavours. S● 
See hereafter numb. 35  as the dangerbus condition, wherein that Province was likewise taken away before the foresaid 29. of july. On the 13. of july, (which was 16. day's before the foresaid peace was concluded) Bunratty was taken in, & the enemies chased out of that part of the Province of Monster; so as the greatest danger, which might be there feared, was also taken away. Et persecuti sunt filios superbiae & prosperatum est opus in mamb●● eoru●. This expedition was done by the army commanded 
1. Machab. 2. 47.  by the Lord Viscount Muskry, seconded by the auspicious access of the most Illustrious john Baptist Archbishop & Prince of Firmo Nuncius Apostolic; by whose largesses the foresaid armies of Ulster and Connaght were maintained.  
34. Compare these with the Lord Nuncius his answer, (judicious Reader) and judge whether our entrusted council and committees have proceeded bona side, in concluding this unwarrantable peace, whether they have with that integrity, which is suitable to the quality of such noble Catholics discharged the trust imposed in them by the whole Kingdom in the weightiest affairs, that ever concerned a Nation? After that the God of Hosts had prodigiously rescued Ireland from those dangers and calamities, which were imminent; after that those great clouds, which were feared to burst into a terrible storm, had been in a moment dissipated; after the revocation of the Marquis of Ormonds' commission, and of the commission given unto our committee of treaty, after so many advertisments given unto them by the Nuntius and Clergy not to conclude any peace; after so many exclamations of the Catholic confederates at home and of Christian Princes and Prelates abroad against the oblique proceedings of our entrusted party; and after the opposition made by the soundest part of the council and committee, It pleased the rest of them (notwithstanding all this) to conclude (without power or commission) this fatal peace, whereby they have stopped our happy progress in further victories, and given occasion of the greatest division, that ever yet hath: been in Ireland. Whereas if they were pleased to abstain from concluding this fantastical peace with our Enemy in one part of the Kingdom, we had, ere now, had a true peace with all our enemy in all parts of the kingdom: for indeed (by God's blessing) we had either chased them out of the kingdom, or we had forced them to such conditions, as would secure Religion, King and Country. So as in very deed, the making of this peace hath made a war and no peace, increased our da●g●rs necessities, weakness and calamities, but took no●e away. Deceperunt populum meum dicentes, pax & non est pax Ezech 13 10.  
34. It's remarkable how in than foresaid answer they aggravate only the present state & condition of the kingdom, in the temporallitie; 
Ezech. 13. 10.  as if they weighe●● not the stay and condition of the kingdom in the spirituallitie, which was the point the Nuntius urged, and the whole kingdom in their several declarations resolved to rectify. They affirm; that obedience due to his Majestre enforced them to any peace. with what Divines did they consult, to inform them, how far the subjects obedience to his Prince did extend? Is it not known, the divines that sa●e in the same council with them, were against them? can not we render due obedience to our King without disobeying our God? they aught to remember that lesson of the Apostles Oportet obedire Deo magis quam hominibus▪ How shall we give to God what is due to God, if we give all to Cefar, and leave 
Act. 4. & 5.  nothing for God▪ But this was a work of supererogation of theirs; the King's Majesty looked for no such blind obedience from them. He gave them the repease of the penal laws; they rejected them; he gave them by public contract their Churches, Church-livings jurisdiction, and free exercise of Religion; they contemned them. Yet, if they would needs appear such obedient subjects; why did they disobey the King's let●er of the eleventh of june, commanding no peace should be made with them. I wish it appear not, their obedience was to the subject, and disobedience to the Prince. The Lord Nuntius in his Letters exhorteth them to fidelity to their Prince, and yet dissuadeth them to m●ke any peace with the Marquis, protesting that all the damage, that should befall the King and this kingdom by concluding that unjust peace should be imputed to them, as to men, who abuse their private affection, and lucre to the destruction of the Commonwealth. So as in the Lord Nuncius his opinion (by whom our council and committee should be directed (if they stood 
Infra? §. 19  to the principles of Catholic doctrine, and their own covenant with him) its disobedience to the King to obey Ormond, and to disobey him is obedience to the King.  
35. But the council and committee in their foresaid letter to the Nuntius say they will ratify Glamorgans' peace, and yet they blash not to tell the Nuntius, that they will not publish it. Vae duplici cord: they contracted with Ormond to publish his peace without Glamorgans': and contracted the contrary with the Lord Nuncius. A man of quality writes thus concerning renowned Prestons' expedition in Connaught: after R●scoman was yeeded, we were constrained to loiter for fifteen days without monies to pursue our victories, the enemy at Sligo being frighted, sent away all their goods, and happy was he, that could get into the North Several letters were in the mean time written to our camp, that the Council detained our monies by devises fearing our victories should increase, and thereby their peace with Ormond should vanish. But we getting one weeks means marched to Boil, and in our March cleared that wentie miles together with Drumrush, and Camboe, and within three days took in boil and Castle-Conor in the County of Sligo and notwithstanding all our Messengers to the Council not one penny did they send us which if they had in time, besides clearing of Connaught, we had advanced to the North to the Lagan (whose strongest and best men were defeated formerly at Roscoman) where with great terror we were expected with little or no resistance. They on the report of our coming to the County of Slig● broke down the●r fortifications at Bellabofeagh on the soord of F●n. So as the want of means made us stay at the Boil from the 25. of july until the 24. of August, etc. whereas (were we supplied) we had lodged this winter in the North in despite of them or any their Adherents.  
Here, because I shall never be able to aggravate this matter with such Energy, as it requires, I leave the same to the judicious Readers censure & aggravation, as also what other observations might be made upon the foresaid letter written by the Council to the Lord Nuncius.   

§. 16. The invalidity of the foresaid rejected peace, proved out of our Committee of treatyes exceeding their Commission.  
36. IF be that hath a commission or command (saith the Law) to do any thing, shall exceed his commission, he doth nothing, that is valid or firm. If he pass beyond the bounds of his Commission, he seemeth to do another thing, and not the thing, for which he had a commission. And this hath place not only when he doth contrary to the prescript form of his commission, but also 
V. Etia●● Panormitanum c. ult. de restitut. spoliat, & Azor. 3. p. mor. Inst.  when he doth besides, or beyond his commission, saith the gloss in c. si cui de electionibus in 6. &c p●udentiam de offic. jud. deleg▪ To prove that our Committee of the Treaty in concluding this peace, did proceed not only besides and beyond, but also contrary to their commission may seem a hard task, seeing they pretend to have from the Kingdom an absolute and an unlimited commission. As the Marquis of Ormond would treat with no other commissioners, but with those whom he himself did seem to cull out of the foresaid thirteen persons, so would he not deign to treat with any, unless they had absolute power given them by the kingdom, not only to treat of, but also to conclude a peace, and nor only to conclude a peace; but to conclude a peace, as they thought fit. This Commission (to conclude a peace, as they thought fit) is not from the Assembly, but from the Council; and therefore are not capable to oblige the kingdom: for if the Council did exceed their commission, in giving that power, which they had nor, unto the committee of treaty; the kingdom is not liable to any thing they have done beyond the commission or authority they gave them. Yet have the Council themselves limited this power (to conclude a peace, as they should think fit) given to the Commit to these bounds (and most available for the said Catholics, and general good of this Realm.)  
37. Wherefore (that we may now come ad radicem (we ask (and in this our interrogation we assume as judges all indifferent Catholics breathing) whether it was most available for the Catholics and general good of this Realm, that the Catholics should still remain under the yoke of the penal laws▪ and all the calamities that thereupon follow, (where of in our first part pag 6.) as by this peace our Committee of Treaty (without any necessity) hath left us; or whether they should be freed from that yoke? whether it conduced more to the general good of this Realm, to have a present suspension of Poynings acts, whereof we have disputed so amply in our foresaid first part, or to let the same remain in full force against us? Whether to have our Churches and Church livings free exercise of our Religion, exemption from the jurisdiction of Protestants Clergy, as his Majesty by his special Commissioner hath granted us; or to want our Churches and church-living, free exercise, etc. as our Committee hath concluded. Much more you may read in our fi●st part §. 14. numb 26. 27. where I have laid down aswell their wilful omissions in procuring those things, which was given them in commission to procure, as also their disdainful rejection of those things, which his Majesty granted, us, and which were most available for the Catholics and general good of this Realm. Whether it was more available for the Catholics, etc. to preserve in the hands of the Confederate Catholics, Excises, Customs, and other subsidies to maintain alone the armies and garrisons under the Confederate Catholics command, or to give away from the Confederate Catholics all the said subsidies & yet to charge them with the maintenance not only of their own armies and garrisons, but also with the maintenance of the enemy's armies and garrisons as our Committee of Treaty have done? Whether it was more available for the Catholics, etc. to preserve their armies under their own command, and their garrisons under their own government, at least until all things were secured unto them; or to deliver the same over unto the enemy before any security was had for our Religion, lives, liberties, and estates, as the Committee have done, were that peace accepted? More to the same purpose may be collected by the judicious reader out of our observations in the first part.  
38. And though their commission were general and not limited, as you have heard, yet could they never by any power given them make any contract or peace to the prejudice of faith or commonwealth, which could be valid in law; because, as all contracts made by a Tutor or Curator to the prejudice of the pupil, are (by the law) altogether invalid, and void; So all contracts or any peace made by any Committee to the prejudice of faith and commonwealth are altogether invalid and void. See the Canons established aswell for the defence of Ecclesiastical immunities, as also against the alienation of things Ecclesiastical. And if this be true, even then when they are appointed Committees or Agents for the Church; how much more is it true, in case the same Church did positively recall all Commissions given to such Committees or Agents, as the Clergy of Ireland hath done in this present peace? How general soever a Commission may be, yet this exception is always involved therein, that nothing, that is unlawful may be done by virtue thereof: mandatum si generale sit, solum prohibet quae licita non sunt; which the law exemplyfieth by this case, if a Commission be given to elect any one, in general terms, to any dignity, office, or benefice; it is to be understood, that a fit one be chosen: Vnde mandatum 
Cap. super quibusd de verb. signif.  de aliquo eligendo intelligitur de eligendo id●neo. What could be done more unlawful in the execution of any Commission, than what hath been done by our Committee of Treaty in the execution of their commission; they rejected the graces our Sovereign granted unto us for gaining whereof they had a Commission; and engaged the kingdom in matters 
Cap. caufam quaerelati.  of high concernment, for which they had no commission. Can that peace be a good peace, wherein thereiss no security for our Religion, lives, liberties, or estates?  The limitation of our Committee of treaties Commission proved out of the Model of government, by which Magna Charta is to be maintained and the Church livings granted to the Catholic Clergy. 
39 In the very first Article of the Model of Government I read thus. Inprimis, That the Roman Catholic Church in Ireland shall have and enjoy its privileges and immunities according t● the GREAT CHARTER enacted and declared within the Realm of England, in the ninth year of the reign of King Henry the second, sometimes King of England and Lord of Ireland, and ofterward enacted and confirmed in Ireland; and that the common-law of England, and all the statutes in force in this kingdom, which are against the catholic Roman Religion, and liberties of the Natives (Mark the resolution to procure the repeal of the penal, laws, &c) and other subjects of this kingdow, shallbe observed, etc. That every branch of MAGNA CHARTA, & all other statutes confirming, expounding, or declaring the same, shallbe punctually observed. Know ye (saith the King in that Charter) That we in the Honour of Almighty GOD, & the SALVATION of the SOULS of our Progenitors and Successors Kings of England▪ to the ADVANCEMENT of HOLY-CHURCH, and the amendment of our Realm, of our mere and freewill, have given and granted unto the Archbishps, Abbots, Pryors, etc. That the Churches of England shall be free, and shall have all her whole rights, and liberties inviolable, Reserving to all Archbishops, Abbots, Pryors, Templars, Hospitlers, Earls, Barons, and all persons, aswell Spiritual as Temporal▪ all their free liberties and free customs, which they had-in times passed, and all these customs and liberties aforesaid which we have granted to be holden within this our Realm, as much as pertaineth to us, and our heirs, we shall observe. And all men of this our Realm, aswell Spiritual, as Temporal (as much as in them is) shall observe the same against all persons in likewise. This great Charter (which containeth the immunities of the Church and liberties of the Subject) hath been confirmed by thirty Parliaments in the succession of 18. Kings. Edward the third in the 14. year of his reign augmented the same by the addition of five special privileges granted the Church and Clergy; and in the 25. year of his reign added a surplus of nine privileges more. And this is it, which the Earl of Glamorgan hath in part granted unto us, and which our Kings of England have sworn to maintain unto us. Henry the 8. indeed deprived us of the benefit thereof. I wish our own bosom friends at home had not too nearly imitated him. In all the articles of peace there is not somuch as once mention made of this GREAT CHARTER, though it be the first and prime article the kingdom resolved to insist upon.  
40. In the six and twentieth Article of the same Model of Government. It is ordered, and established, that the possessions of the Protestant Archbishops or Bishops; Deans, Dignitaries, and Pastors in the right of their respective Churches, or their Tenants, in the beginning of these troubles, shall be deemed taken, & construed as the possessions of the Catholic Archbishops, Deans, Dignitaries, Pastors, and their Tenants respectively, to all intents & purposes; and that those possessions are intended within the precedent order for setlement of possessions. And this public order of the kingdom (you see) is conformable to MAGNA CHARTA (for somuch) and agreeable to the public Declarations of the kingdom and other acts of Assembly.  The like limitation of the same Commission is expressed in both our declarations made anno 1642. 
41. In our Declaration printed in France, 1642. we declared it to be a means to reduce Ireland to peace and quietness, (among other things) that by act of Parliament it be declared that the Parliament of Ireland hath no subordination to the Parliament of England; that Poynings act & the penal laws be repealed. That all Marks of national distrinction between English and Irish be taken away by act of Parliament. That the Bishoprics, Deaneries, and all other spiritual promotions of this Kingdom, and all Friaries and Nunneries may be restored to the Catholic owners, and that Impropriations of tithes may be likewise restored and that the scity, ambits and precincis of the Religious houses of the Mo●ks may be restored to them▪ but as to the residue of their temporal poss●ssions it is not desired to be taken from the present proprietareiss but to be left to them, until that God shall otherwise incline their own hearts. That all Plantations made since a. 1610 may be avoided by Parliament, if the Parliament should hold this act ●ust, and their possessions restored to those or their heirs, from whom the same was taken, they nevertheless answering to the Crown the rents and services proportionably reserved upon the undertakers.  
42. In our Remonstrance delivered to His Majesty's Commissioners at the town of Trim 17. March. 1642. (among many other grievances) we desired redress against the penal laws of 2. Eliz. imposing incapacities on the Catholics in places of trust, honour, or profit both in Church and Commonwealth; against false inquisitions taken upon feigned titles of the Catholics estates against many hundred years' possession; against the two impeached judges, who illegally avoided 150. letters patents in one morning; for securing the subject's lives, liberties and estates; for exempting the Parliament of Ireland; from any dependency on the Parliament of England; and for the power and authority of the same Parliament of Ireland; against the dismembered Parliament of Dublin; against the Continuance of poynings hast, the laws and incapacity to sit in the next Parliament. While our Commissioners (the Lord Viscount Gormanston, Sir Luke Dillon, Sir Robert Talbot, and john Walsh Esquire) presented this Remonstrance to his Majesty's commissioners at Trim 17. March 1642. with hopes of redress for our grievances, and a happy accommodation, the Marquis of Ormond (taking advantage of the time and occasion) marched out of Dublin with his forces, took in Timolin, and attempted Rosse, where he lost his shipping, was frustrated of his expedition, and his army so enfeebled, as he was not able to make any considerable Excursions in half a year after, wherein God showed his indignation against perfidy, and remunerated the innocence and integrity of the confederate Catholics by giving into their possession thirty or forty of the enemy's garrisons; within few months after, in so much as the Marquis of Ormond was glad to make a speedy cessation with them, otherwise they had gone to the very gates of Dublin, there being no considerable resistance against them.  
43. The limitation of their commission according to the 17. propositions propounded unto his Majesty in April 1644. and the 14. additional propositions thereunto annexed, whereunto the 30. Articles of the late rejected peace are answerable, is sufficiently explicated in the first part, particularlarly §. 14. Numb▪ 26. whereunto we refer the Reader.  The limitation of the foresaid Commission by several Acts of Assembly. 
44. Quarto junij 1645. It is ordered (saith the kingdom then in public Assembly) upon the question (nemine contradicente) that the Committee of Instructions shall draw an act, that as to the Catholics of Ireland whether Clergy or La●y, all penalties, pressures, incapacities prejudice and inconvenience laid on the professors of the Roman Catholic Religion by the statute of 2. Elizabeth, or any other Act or Law in force in this Kingdom should be taken away and repealed. This act was concluded and agreed upon after mature deliberation and serious debate had of this matter by the committees of Instructions, whose opinion the Chaireman reported unto the house at two several sessions, to wit, the second and fourth of june 1645. It was likewise unanimously ordered by the said Assembly 9 junij 1645. That as to the demand made by the Lord Marquis of Ormond Lord Lieutenant of Ireland to the commissioners of the Treaty of peace for the restoring of the Churchesto the Protestant clergy, the commissioners shall give an absolute denial, & th● committee of Instructions are to prepare an Instruction to that effect. 11. junij 1645. the article concerning Ecclesiastical and spiritual jurisdiction (saith my diurnal) received in public Assembly a long and learned debate concerning the several statutes of praemunire and provision, and concerning excommunications fulminated by Protestant Prelates against Catholics, whereby they were perpetually forced to repair to the Protestants Tribunal, to obtain absolutions from them, or else to be imprisoned by a writ de Excommunicate capiendo; also concerning the main difference between our Religion and protestancy, in dispensing with marriage within degrees etc. much more appertaining to the Ecclesiastical jurisdiction was then debated, and at length generally referred that day unto the commissioners with instructions from the committee of Instructions. The Marquis of Ormond in his abridgement of concessions read in assembly 14▪ Augusti propounded three manner of remedies for that grievance: none pleased the assemby; because the cure was worse than the disease; tandem 28. Augusti 1645. it was unanimously agreed upon by the Lords Spiritual and Temporal in full Assembly (nullo discrepante) that the Catholic confederates of Ireland should never submit or be subordinate to the Protestant Clergy, or to any their jurisdiction. See also for this the counsel's letter, numb. 51.  
45. What dispensation our committee of the Treaty had to conclude a peace without procuring a repeal of the penal laws, assurances for our Churches, and exemption from the Protestant Clergies jurisdiction, we have not read or heard of. So great were the pressures suffered by the Catholics in Ireland by the Exorbitant power of the Protestant Prelates, as many of our Cathliques breathed their last in miserable captivity, others were forced to keep their own dwelling houses, as if they were in restraint, to shun the greedy Parators and hapshares; whereof some (namely Alderman Doud and Alderman Goodwing, Mr. Thomas Long, Mr. james Walsh, Mr. Robert Hacket, and others) continued in such restraint for the space of seven years or thereabouts. Alderman Francis Tayler was prisoner in the Castle of Dublin 18. whole years, if my memory fail me not; and Alderman 
N. one of the two so died.  Patrick B●owne after so many years also imprisonment in the Castle died in the prison. But hereof much more might be said, which I am forced to omit. Shall we; shall we, wilfully fall again into the same servitude, and incur the malediction of Chanaan, to be servi servorum fratribus nostris. 
Genes. 9   The learned debate in the assembly and convocation house touching this question, whether the confederate Catholics be bound in conscience by virtue of the oath of Association, or other tie, to make an express article with the Protestant party for keeping in our hands such Chuches, Abbeys, etc. now in our possession? 
46 For the negative part it was suggested that if any such article be made his Majesty will break off and consent to no peace between us and the above specified party, to the great danger of the estates, lives and liberties of all our party. And it was further urged that in not demanding such an article as above, his Majesty will grant us toleration of Religion. For the affirmative part it was likewise suggested, that without an express article God's patrimony was not secured; that however men might be prodigal in the dispensation of their own goods, yet without danger of God's indignation, they ought not to be prodigal in the dispensation of God's goods; that this his Majesty's Kingdom of Ireland had been more securely preserved for him and his Royal issue by preserving the Churches in the Catholics hands, than in suffering the seeming Protestants to possess the same, who indeed have as great an antipathy against the Protestant doctrine established in England, as they have against the Catholic doctrine; and therefore might be justly feared to so journey in such places, where the Churches & Church-livings are, as Intelligentiers for the Parliament.  
47. For these reasons and many more, the house of Convocation wholly inclined to the affirmative part. The integrity of the whole Kingdom (in this particular) appears by their act of assembly of the 9 of june one thousand six hundred forty and five above mentioned. They debated indeed learnedly for a long time, how they might observe that Divine lecture of CHRIST JESUS: Give unto Cesar what is due unto Cesar, and unto God what is due unto God. Some feared, if the Catholic confederates had demanded an express article for their Churches, they had not Given to Cesar what was due unto Cesar, and therefore thought a negative act, that is to say, an act of our own assembly denying to give unto the Lord Lieutenant our Churches, might serve the turn; others thought, they had not given unto God what was due unto God; If the kingdom had concluded a peace without an express article for conservation of their Churches. God, the Supreme moderator, decided the pious controversy, and gave sentence (as it may seem) for the resolution of the Clergy, when by the articles of the peace concluded upon between the Earl of Glamorgan and the Confederate Catholics, his Majesty was pleased to grant unto the Clergy, what they demanded herein.  
48. How our late Council and Committees may be excused, at least, of negligence in not providing for the conservation of our Churches when they saw Glamorgans' peace revoked, I do well know. By the fourth article of the rejected peace they provided carefully for securing secular men's lands by the vacating of all Indictments, Attayndors, Outlawries, etc. and all Processes and other proceedings thereupon; and of all Latters patents Graents, Leases Custodiums Inquisitions etc. that were taken on secular men's Lands; o●●ing secured for the spiritual●y; The Ark is exposed to the depredation of the Philistines, Gods house to the profanation of heretics; Christ's patrimony to the invasion of vultures. Nay, in lieu of procuring any act to secure us our Church's or church l●vings, by the second branch of the first article and by the second article of the rejected peace they rejected all former graces granted unto us, that might any way secure us of our Churches etc. as you may read in the first part and first article. Whether it was a greater sacrilege in Henry the 8. to take away by force our Churches and church-living, or in us to give them back freely without compulsion to be polluted by heretics, we leave to the censure of the judicious reader: This much we add to aggravate the offence, that we seem to concur with the sacrilege hitherto committed by such as injustly possessed Christ patrimony, and do approve their usurpation by making restitution; the Title, which hitherto in them was invalid, we render valid. chrysostom, Ambrose Stanislaus, Liberius. Hosius. Athanasius, Hilarius, and other Orthod ox● Champions of holy Church, denied to yield, even unto Caesar's, so much as the possession of one only consecrated church to be profaned by heretics; and shall posterity record that the renowned Confederate Catholics of Ireland, without cause o● necessity. yielded unto any heretic subject what their Cesar granted them. To secure the Protestants against the Parliamentaries Ormond was careful to article with their Commissioners; because he was sure the Parliamentaries would turn the protestants out of their possessions, as soon as ever they concluded upon the treaty; but with the Commissioners for the Confederate catholics in concluding the rejected peace, he scorned to article any thing for the Protestants security, or possessions, because he was sure of them, seeing there was no act or article of the peace either to debar them from entering into possession, or to preserve us in our possessions.   

§. 17. The Committee of Treaty exceeded their Commission by obliging the Kingdom upon the Marquis his peace to send into England 10000 men.  
49. Upon what conditions the Confederate Catholics offered at first to His Majesty ten thousand men to succour him in England, in appear out of our Remonstrance presented to his Majesty in April 1642. whereof numb. 42. how afterward we actually resolved to send them over, and upon what conditions, it appeareth by Glamorgans' articles. But that ever the Kingdom agreed to send over 10000 men upon the bare conditions of Ormonds' peace, as I never heard or read it; so do not I mean ever to believe it. It is written on the backside of the rough dranght of the Articles of peace delivere● by Mr. Plunket and Mr Darcy to the congregation, that the ill affected of the Council would never consent to the articles but that they saw the impossibility of performance by the day of our part, by the time limited 28. March, 1646. Mark, I beseech you, how first without any Commission they engage the confederate Catholics in a thing impossible, v g. to send over 10000 men by the 28. day of March (which was the very day they entered into the engagement) or by the last day of March (for so I understood from one of the Committee, wherein I refer myself to the defeasance perfected to that purpose.) To perform such an obligation by either of those days is known to be impossible; after, to cancel this obligation or engagement, they force their fellows of the Council and Committees to consent, unto those unfortunate articles of peace: So as to escape the unjust obligation to send over ten thousand men, we contracted a more unjust obligation to assent to an unjust peace.  
50 But what if Glamorgan would set upon us, and demand of us to send over the ten thousand men, according the contract passed with him, and present us as good assurance for the performance of his contract with us, as Ormond can do for his, what will Ormonds' dispensation given us not to send them over a veil us? Sure I am the catholic confederates were ready enough on their part, and (as I have been informed) the marquis his own Commissioners from Dublin took aview of the muster of six thousand of them (for so many were to be first sent over.) but the Marques●e had not provided any shipping to carry them away. We were tied to bring them no further than to the Seaports; and every man knows the marquis provided not the least vessel to bring them away: neither had he so much as a chief commander to conduct them over; So as, whereas our committee would needs purchase a dispensation at so dear a rate, as the condescending to so unjust a peace, they ought rather to stand upon their justification, and to show, the confederate Catholics performed their part, but that his Excellency performed not his part, in providing shipping. But, alas, it is known, these projects have been invented to cast of Noble Glamorgan, as heretofore they cast of Noble Antrim, both whose powers, if we made use of, as we ought, we might have spared many frivolous and chargeable journeys to Dublin.   

§. 18. An abstract of the letter sent by the Supreme Council in October 1645. upon Mr Spinola's arrival unto the Lord Nuncius, then being in France. wherein the state of the Kingdom is set forth, and a promise made to conclude what peace the Nuntius should think fit.  
51. MOst illustrious and most Reverend Lord, in the last general Assembly of the confederate Catholics, aswell the ecclesiastics as the Seculars by unanimous consent did determinately agree upon certain postulations, conditions, and upon the means to obtain them, which if they may be obtained, the honour, utility, and splendour of the Catholic Religion, and of the Professors thereof in Ireland shall be excellent well provided for etc. and unless these postulations and conditions be obtained, and the promises thereupon made, fulfilled, and by a free act of Parliament confirmed &c. necessarily the war must be continued.  
52. The treatte of peace upon the foresaid postalations and condi●ions long since instituted is continued, they dispute for the least thing; in no part thereof is it yet concluded, neither is i● known when any conclusion shall be Certes if peace were concluded, nothing else thence followeth, than repose, and as it were a certain cessation, until it receive full perfection and accomplishment by parliament: and when 
Note the uncertainty when the Parliament shall be.  this Parliament shallbe, yea, whether it shall ever be, seeing it de pendson very many accidents, it's altogether uncertain, and when the Parliament shallbe assembled we have recourse to arms, if any d●ssention arise: mean while the government of their own Quarters, as hitherto, and of their Churches, of their Emoluments, and of the passessions of all their things doth remain in the hands of the confederate Catholics.  
53. Out of which, and out of many more reasons, which in the same Epistle the council doth allege; they prove the necessary of the Nuntius his presence in Ireland, and to that end do not only invite, but also u●ge and press him, as well by this and other letters, as also by special messengers sent into France, to come into Ireland as●●ing him further, that the Ecclesiastical ●urisdiction in the conditions of peace deman 
Ecclesiastical jurisdiction the hands of the Catholic Clergy.  ded, and derived from His Holiness, is and shall be in the hands of the Catholics independent of the Protestants; to the promotion, pro pagation and secure preservation whereof the presence of the Nuncius Apostolic is necessarily required, etc. having promised unto him a place of Residence, where the supreme government of the kingdom should be, together with a guard to wait on his person, they show the constancy of the Catholics of Ireland in their Religion, & their Christian fortitude in attempting this holy war, even without arms, ammunition, or other provision, against he enemies of Religion, King and Country, and unto the difficulties propaunded by the most noble Spinola, concerning the oath of supremacy the admission of Catholic 
Of the Supremacy, etc.  Bishops to the next Parliament, and the government whither the same should remain in the hands of the Protestant Vice Roy; they answer, that the Irish Nation by no means, dangers, or hazard of life and fortunes for these hundred years past, could ever be induced to acknowledge the temporal Prince to be Supreme head of the Church, or to submit themselves to such an Oath, much less do they mean hereafter to submit themselves thereunto, and that in the last assembly by universal voice and volent was concluded, that they would perpetually 
* this is not taken a way  insist upon the taking away of the same oath; that they believed the pseudo▪ Bishops would not dare appear in the next Parliament & that they had great hopes and grounds to exclude them from thence, and though they were present, yet may ●ot they prejudice our affairs, s●eing it is extant in our conditions that they are to have no ●urisdiction in causes appertaining to the Catholic Religion and the professors thereof. etc.  
54. Unto the third difficulty, concerning the government of the Kingdom by a Protestant Vice- Roy, they answer, that neither the whole government, nor the government of all the sorts or cities shall be in the hands of the Viceroy: there shall be catholics in the council of state and they ●hall be governor's of many cities: the Ecclesiastical hierarchy shall be the catholic clergy; out of all these there shall be a body politic composed of catholics, etc. the chief member of which body shall be the Nunoius of the See Apostolic, who shall make choice of the most secure city wherein he may keep his residence, and that body politic of catholics shall defend his dignity and security with the hazard of life and fortunes; so we in the name of all the confederate catholics (ex nunc & ●unc) do promise; and therein oblige the public faith of 
Note the obligation▪  the whole Kingdom. And this mean, and this remedy is sufficient, etc. to secure the Apostolic Nuntius (being in this Kingdom) from any disgrace or danger▪ Add hereunto, presently upon the arrival of the most illustrious and most Reverend Nuntius, having considered the conveniences and inconveniences of our-state and affair. WE WILD DO WHATSOEVER HE SHALL THINK expedient.  

Observations on the foresaid Letter or obligation.  
55. The Reader is first prudently to observe that the postulations mentioned number 51. are the seventeen propositions and the 14. additional propositions, whereof we have made frequent mention in the first part, those acts of assembly and other orders above mentioned. Which Unless they were obtained and by Parliament confirmed, the war was still to be continued. Our committee have concluded the rejected peace, and the same council, that made this promise in the name of the Kingdom (two only excepted) hath confirmed the same; and yet the conditions or postulations above mentioned, nor the tenth part of them have been by our committee of treaty obtained▪ as the Reader may clearly behold in our observations on the articles of peace part 1. 2. The council numb 52. do acknowledge, they know not when the Parliament will be and do inform the Nuncius, that until t●e Pa●liament be, the government and jurildiction, Church●s possessions, etc. must still remain in their own hands; a●d yet by the articles of the peace they are taken from us before, & not the least appearance of security for our Churches or church-living, much less of exemption from the jurisdiction of the Protestans clergy. It is true, that when this obligation was made, Glamorgans' peace was in force, by which our Churches and Church-livings, jurisdiction and exemption from the power of the Protestant clergy was in some sort secured unto us; but that peace being recalled by his Majesty before Ormonds' peace was concluded; and the condition on our part (upon which tha● peace was grounded) being not performed, it w●s a notable breach of public faith, in our council inexcusable, ever to approve or condescend to ●he Marquis of Ormonds' peace: and the matter is so much the more to be aggravated, that the council themselves did seem to wave the benefit of Glamorgans' peace upon the Protestation made against it by the Marquis of Ormond 3. By our observations on the first article in our first part it appeareth that neither Ecclesiastical ●or Secular is exempted from the Oath of Supremacy; so as in this particular also whereof numb. 53) public faith is broken with the Nuntius. Touching the Protestant Bishops sitting in Parliament, and the continuation of a Protestant Viceroy see our observations on the 10. 12. and 14. article part 1. 4. Nothing that is promised numb 54. is performed, or true; and if the rejected peace were accepted, the body politic of the confederate Catholics had been dissolved, the Nuntius forced with disgrace to fly the country, and no confederate catholic secured of his Religion, life, liberty or estate. 5. By the last particle our council obliged the Kingdom upon the arrival of the Lord Nuntius not to rely upon the Earl of Glamorgans' own peace, if the Lord Nuncius thought any other peace more expedient, which is the matter, which he so earnestly urgeth in his letters above mentioned. And herein we charge the council and committees with notable breach, who contrary to their promise and vow, and contrary to the several protestations and inhibitions of the said Lord Nuncius concluded a peace, which he thought not expedient and whereunto he would never yield consent. See our observations on the 14. article numb. 26. 27.    

§. 19 A public Contract made by the kingdom with the Lord Nuntius not to conclude any peace until he and Glamorgan concluded on a peace for the Spiritualty, etc.  
56. Articles agreed upon betwixt the most Illustrious and most Reverend Lord john B●●●ist, Lord archbishop and Prince of ●●rmo, extraordinary apostolic Nuncio to the Confederate Catholics of Ireland; and the Nobility, employed by the said Confederate Catholics together with the Earl of Glamorgan to the said Illustrious Nuncius at Kilkenny the 19 of February 1645.  
Inprimis a Cessation shallbe continued till the first of May by which time or sooner if the most illustrious Lord Nuntius do not bring the Original agreements under hand and Seal betwixt his Helynesse and the Queen of great Britain the said most illustrious Lord Nuntius shall ratify whatsoever shall seem meet to him on the behalf of his Holiness, and the Earl of Glamorgan in the behalf of the King of England, that an honourable and wished peace be not any longer deferred.  
57 Secondly, In the mean time if the Confederate Catholics do send from hence to treat with the Viceroy about political affairs and differences, it is declared that no prejudice shall be inferred by that treaty to this Treaty, that is to be betwixt the most illustrious and most Reverend Lord Nuncius and the Earl of Glamorgan, that until there be a conclusion and publication of it, the other also may not be concluded or published. And that there be no change in the interim of the Political or Civil government, so that both may be at once and together concluded and published by the approbation of the general assembly if it shall be seen necessary to the said Lord Nuncio, and Earl of Glamorgan to call it.  

Thomas Terrell  
Emerus Clogherensis  
Nich. Plunket  
Gerald Fenell  
Richard belings  
Patrick Darcy  
Thomas Cashell  
Castle-haven Audly  
Net servile  
Muskry  
Thomas Preston  
Daniel O Brien  
Lucas Dillon  
Terlagh O Neyle  
George Coming   
58. Here we are to note. First, the circumstance of time, to wit, the 19 of February, which was when the assembly of the kingdom was fully gathered together. Within 12. days after, namely the second of March, an order was conceived by the same assembly to Treat with the marquis of Ormond, and to prepare things for a peace with his Excellency, but not one word authorising the Committee to conclude a peace; for that had been a manifest violation of this contract made with the Nuntius: nay, by this very act of assembly and solemn contract (whereunto the whole kingdom condescended) i● before then either Conncell or Committees had any power communicated unto them by any former act of assembly (which I could never yet read) it was now sufficiently recalled. Secondly, we are to note the persons, that subscribed to the contract in the behalf of the Confederate Catholics, are the persons chiefly entrusted by the kingdom, M Terrell chayreman of the committee of Instructions, the Lord Viscount Muskry and M. Darcy are two of th● five that subscribed to the peace contrary to their own contract here agreed upon, the rest were then of the Supreme Council or Committee, whereof most of them being of the following Supreme Council or Committee of Instructions, approved also the peace contrary to this their own contract wherein they engaged themselves and the kingdom never to conclude or publish any peace until the peace to be agreed upon between the Nuntius and Clamorgan were concluded and published together with it. Th●●d●y, this contract clearly discovers how frivolous that part of the Council and Committees answer to the Nuntius. 1. of june, was, wherein they say, they expected until the first of May according the Nuntius his pleasure before they concluded any peace; for they were indeed to expect UNTIL a conclusion or publication were made of the peace to be agreed upon between him and Glamorgan in the behalf of his Holiness and his Majesty, and if the Originals came not from Rome by May, they were to expect until the Nuntius did ratify whatsoever should seem meet unto him etc. which was agreeable to the public Faith of the kingdom passed by them unto him before his coming unto the kingdom by the above mentioned Letter sent unto 
Num. 54.  him in October 1645. wherein they promised to do nothing but what should seem expedient unto him. So as if I had ●●●ely seen this contract, I might well have spared the twelve answers I made above to this objection: wherefore the Nuntius and the Clergy did justly protest against all their 
Num. 26  proceedings in the late rejected peace, as being without ground or Commission, and in violation of the public Faith given. Fourthly, no withstanding this contract they changed the government by concluding that peace, and contrary to the same contract they would not deign to call together a general assembly (as the Nuntius desired and as by this contract they were bound) before they concluded the peace. How herein they may be excusable, I understand not.   

§. 20. The Oath of Association, which being compared to what we have delivered in this Survey proves the justice of the Clergies Decree of perjury etc.  
59 I A. B do promise, swear, & protest before God & his Saints & his Angels, that I will during my life, bear true faith and allegiance to my Sovereign Lord CHARLES by the grace of God King of great Britain, France, and Ireland, and to his Heirs and lawful Successors, and that I will to my power during my life defend, uphold, and maintain all his and their just prerogatives, estate & rights, the power and privilege, of the Parliament of this Realm, the fundamental Laws of Ireland the free exercise of the Roman catholic faith and Religion throughout this Land, and the lives just liberties, possessions, estates, and rights of all those that have taken, or shall take this Oath, and perform the contents thereof, and that I will obey, and ratify all the orders and decrees made and to be made by the Supreme Council of the Confederate Catholics of this kingdom concerning the said public cause, and that I will not seek directly or indirectly, any pardon or protection for any act done or to be done touching this General cause without the consent of the Major part of the said Council, and that I will not directly or indirectly do any act or acts that shall prejudice the said cause, but will to the hazard of my life, and estate, assist, prosecute, and maintain the same, So help me God and his holy Gospel.  
60. This Oath was established for preservation of union among the Confederate Catholics by act of assembly 26. of july 1644. Where it was declared full and bin●●ng without addition, & they declared perjured, who affirm the said O●th admits any equivocation or mental reservation. By observing each branch o● this Oath every indifferent man may discover, wherein the contrivers of the late rejected peace have violated the same. I may not here insist upon all branches, take (Reader) these few notes only upon some. First, they have not maintained the power and privileges of the Parliament of Ireland as well because they wilfully rejected the suspension of Poynings act, and resolved nothing for the repeal thereof, as also because they have not established any thing efficatiously to exempt it from any dependency on the Parliament of England. Secondly, they have not maintained the fundamental laws of the kingdom, chiefly MAGNA CHARTA, and those other laws which are ampliations and explications thereof and sseighted the prosecution of those, who have been, impeached by the whole kingdom for overthrowing the said fundamental laws. Thirdly, they have not defended, upheld or maintained the free exercise of the Roman Catholic saith and Religion throughout this land, forasmuch as they have concluded a peace without procuring a repeal of the penal laws surreptitiously established since the days of heresy against the free exercise of the same Religion▪ Which repeal was graciously condescended unto by his Majesty in his letters to his Lord Lieutenant of the 27. of February 1644.  
61. This branch of the Oath was corroborated by act of assembly, by our 17. propositions, and by our frequent Declarations, wherein we resolved never to make a peace without the repeal of these penal laws. Whether Glamorgans' peace were to be deemed valid or invalid, it was their part to press the King's Lieutenant to comply with his Majesty's command for repealing the penal laws. The free exercise of religion intended by those that took that Oath was understood to be somewhat more, than that which we had before these distempers: Ergo by the free exercise of Religion. they understood the free exercise thereof in Churches, for before these distempers they had the free exercise in private houses, etc. This interpretation is confirmed by the act of assembly, wherein it was unanimously ordered never to restore any the Churches in our possession. By this peace nothing is 
See above num. 53.  established to secure us of the free exercise of our Religion either in Churches or private houses, & the government of our Cities and Garrisons together with the command of our Armies is given to the enemies, so as whatsoever the Assembly hath enacted for keeping the churches would be infallibly fi●strated, there being nothing to debar the protestant Ministers to reinvest themselves in the same Churches. Wherefore the Clergy proceeded prudently, when they resolved, that they ought to make a positive act for preservation of their Churches.  
62. Fourthly, they have not (according to their oath) defended the possessions estates and rights of all those that took the oath of association, particularly that of their fellow-members the Clergy as above you have heard. As for the provision they have made for the seculars lands and possessions in the fourth article, its certain the same is in no sort valid, until it be confirmed by Parliament, which when it shall be, they do not know. See our observations on the fourth and fifteenth Article; Fiftly, that the said Council and Committees have at least indirectly, done several acts to the prejudice of the cause of God, is evident by what proofs we have hitherto produced. So as all things being well pondered, it's no less evident, that the several decrees given by the clergy against such as contrived, perfected and approved the said peace, is most just and valid: qui autem superbierit nolens obedire 
Deut. 17. 18.  Sacerdotis imperio, qui eo tempore ministrat Domino Deo tuo & decreto judicis, morietur homo ille, & auferes malum de Israel. See above, number 46. What may be pressed against the contrivers of this peace out of the first branch of this oath concerning the allegiance and loyalty due to our Sovereign and this commonwealth, we willingly omit, hoping that God of his mercy will (in his own time) produce a happy atonement, for the relief of this distressed Nation.   

§. 21. That the Excommunications fulminated by the Lord Nuncius and Ecclesiastical congregation against such as adhere to the late rejected peace is both just and valide.  
63. We are here to suppose that which faith teacheth us, to wit, that in God's Church there is power to excommunicate, and that the same power hath been practised by the 
Matth. 18. 17. 18. 1. Cor. 5. 2 Thess 3. &c TT. in sup. ad q. 21. a. 3.  Apostles themselves, and their successors, men constituted in Apostolical jurisdiction. The cause of Excommunication (according the received opinion of Schoolmen, grounded on the Canons) is deadly sin, yea, venial sin is a sufficient cause Excommunicationis Minoris. In consequence to the foresaid Decree of perjury other decrees were made by the said congregation, and particularly one dated the 17. Augusti 1646. imposing upon such cities and towns, cessation from Mass and divine office, that would admit the publication of the peace. On the first day of September following a comminatory excommunication was set forth against those that would adhere or by any means favour the said peace; but the evil as yet increasing, divisions and factions perpetually multiplying, after several admonitions, another Excommunication was published the month following, wherein I read thus: In pursuance of which decrees being forced to unsheathe the spiritual sword, we (to whom God hath given power to bind and lose on earth) etc. do, cum virtute Domini nostri jesu, deliver over such persons to Satan; that is to say we excommunicate, execrat and anathematise all such as after publication of this our decree, and notice either privately or publicly given them hereof, shall defend, adhere to, or approve the justice of the said peace, and chiesely those, who shall bear arms, or make or join in war with, for or in the behalf of the Puritans or other heretics of Dublin, Cork, Yoghell, or of other places within this Kingdom, or shall (either by themselves or by their appointment) bring, send or give any aid, succour or relief of victuals, ammunition or other provision unto them, or by adv●se or otherwise advance the said peace, or the war made against us. These and every of them by this present decree we do declare and pronounce Excommunicated ipso facto, etc.  
65. The cause of this Excommunication (besides the sin of perjury above mentioned) is contumacy against the decrees of holy Church; concurrence to the advancement of heresy and suppression of Religion, together with many other causes, which may be collected out of what hitherto we alleged. Sequestrari oportet graviter lapsum (saith S. Ambrose) ne modicum fermentum totam massam corrumpat. Cum excommunicate Ecclesia 
L. de poe●●t. c. 14. Tract. 50. in joan. & q. 39 in Deut.  (saith S. Augustin) in coelo ligatur Excommunicatus. Hoc nunc agit in Ecclesia Excommunicatio, quod agebat tunc (in lege veteri) interfectio. Which, I wish, those that glory in their malice, by maintaining still and adhering to the said peace, did reflect on.  
66. Examples of such like Excommunications histories do record. Fulke Archbishop of Rheims, when he had manifested unto the world the turpitude of the peace made by Charles the French King with the Normans, and the greatness of the crime, resolutly threatened him with Excommunication, saying, if you do that thing (namely make a peace with 
Flodoar. l. 4. hist. Rem. c. 5  the Normans) and give way to such Counsels, you shall never find me faithful I will draw back from your fidelity all that I may, and with all my follow. Bishop's excommunicating you and all yours, I will condemn you with an eternal Anathema. Yet was not this peace, which the French King intended to make with the Normans by many degrees so pernicious to Religion, as the late rejected peace was. The like excommunication was actually fulminated by Pope john the eight, against the Princes 
10. 8. ep. 41.  of Italy; because they made a peace with the Saracens, which peace was indirectly only prejudicial to the catholic faith: in scelere impio manentibus mis●rendum non est, saith the Pope. The like Excommunication was fulminated by the same Pope for the same cause against the people of Amalphitan, unto whom he thus speaketh, we together with the consent 
id. ep 22.  of all the Apostolic See, do deprive you of all sacred Communion, and separate you from the Society of God's Church, that you remain in the same excommunication until repenting you separat yourselves from the wicked p●ey of the Pagans. Geoss●y Prince of Salernitan upon the like Excommunication being terrified b●oke off the peace he had with the Saracens, and afterward had the slaughter of many of them; witness Leo Ostiensis. Our Chronicles of England have registered many examples of the like excommunications. See Conc. Lateran. sub. Innocent. 3. Decreto de haereticis vide etiam cap. ex●om. §. credentes de haereticis. cap noverit de sententia Excommunic. Bullam coenae plurib. locis Out of all which, those eight Catholic Churchmen in Dublin may find grounds enough to rectify their opinion, holding, that the bare adhering to the late rejected peace was not a sufficient cause of Excommunication.  

The resolution of an objection.  
67. Nothing was done (saith the Authors of the late peace) by us in the peace now published, but what was exactly agreeable to the unanimous sense and vote of the late general assembly held at Kilkenny in March last, whereof the catholic Bishops were members and in whose hearing the substance of the peace, as it stands now concluded, was publicly read and transacted. Whereunto we answer, First that information is made that some of those articles were changed in substance, particularly the first article, for manifesting whereof we cannot but refer our selve● to those, that were then present in that assembly. Certain I am the Bishops consented not thereunto, and it is as certain that the soundest part of the Council and Committee could never be induced to give their free assent thereunto, as above we have noted. Secondly, let us give it for granted that the assembly did assent thereunto, was not Glamorgans' peace then in full force, whereon the kingdom chiefly insisted; Now this peace being revoked and by the King's Lieutenant rejected, who may doubt, but the whole kingdom would renounce the peace agreed upon with the marquis of Ormond and never trust to that alone. This is evident, seeing they renounced a better peace by his Excellency in August before offered unto them in his brief of concessions? Wherefore the Council and Committee upon this alteration (to discharge themselves) should procure a new assembly to be called upon as the Lord Nuncius desired. Thirdly, by that assembly the committee of treaty had no power given them to conclude, but to treat of a peace. Fourthly, that very general assembly by public contract between them, the Lord Nuncius and Glamorgan decreed the contrary, never to conclude or publish any peace with the Lord Lieutenant, until the peace agitated between the Nuntius and Glamorgan were concluded and together with the other published, which is an evident sign, the kingdom never intended to accept of the one peace without the other. Fiftly, the principal part of the body politic of the kingdom recalled your commission, if any you had and protested against your proceedings. See above §. 10. n. r. Contrary to all this, you concluded a peace jurkingly, and when you knew the kingdom would not accept thereof, you endeavoured to force the same upon them, and to this day do continue in the same resolution, by making of factions and divisions. You ought to know that the non acceptance thereof did render the same invalid, Leges nulla ex alia causa nos tenere, quam quod indicio populi 
Leg. 32. ff. d● legibus.  receptae sunt.   

A brief appendix concerning the Earl of Glamorgans' peace, and his Excellency the Marquis of clanrickard's Engagement.  
68 In both three things are chiefly to be considered, first the concessions or graces granted unto the confederate Catholics. 2. The grounds whereon they are granted, and the security for performance. 3. The parties between whom the contract passed. As concerning the first, by the Earl of Glamorgans' peace there is granted unto the confederate Catholics for evermore hereafter free and public exercise of their Religion; all the Churches, other than such as are now actually enjoyed by his Majesty's Protestant Subjects, exemption from the jurisdiction of the Protestant Clergy; a repeal of all the ponall laws; the taking away of all incapacities; that the Catholic Clergy shall have their Church livings, etc. By the Marquis of clanrickard's engagement we are not granted, but a promise is made by his Excellency to procure a revocation of the laws in force in this Kingdom, not absolutely, as the King himself by his letter of the 27. of Februasy 1644. and his Commissioner, the Earl of Glamorgan, granted, but restrictively, inasmuch as shall concern any penalty, inhibition or restraint upon Catholics for the free exercise of their Religion. The inconveniences, which may befall the Catholics by this Restriction is amply discovered by the late council and Congregation, and in some sort by me in the first part of this Survey, whereunto I remit 
Observat. on the first art. pag.  the Reader. And this is that kind of repeal, which the Marquis of Ormond himself once granted unto the confederate Catholics in his brief of Concessions, but afterward fell back from his word; and by this engagement of Clanrickard he obligeth himself to nothing.  
69. Here, before I go further, I must appeal to the confederate Catholics conscience, whether he had rather have the subjects promise to procure (forsooth) a kind of repeal of the penal laws; or the Kings own word actually commanding a repeal of the said penal laws absolutely, as he hath done not only by himself immediately, but also by his special commissioner the Earl of Glamorgan? Then the confederate Catholic is to make this ratiocination, if the Kings own commands could take no effect with his Protestant Ministers of justice in Dublin (such an aversion have they against the distressed Catholics) much less will any subjects promise be able to procure any thing for us, or (having procured it) be able to bring it to any effect. What need we run to France or elsewhere to procure that which his Majesty hath already granted us? There are the Kings own commands to repeal the penal laws: can any one procure us more? What is the let? the subjects' disobedience, who will not put in execution the King's commands. And how may the Ma●ques of Clanrickard procure any thing in France, when as the French Agent here pleadeth strongly for the acceptation of Ormonds unjust and invalide peace, and never vouchsafeth to solicit for Glamorgans' just and valide peace?  
70. The second thing promised by the Marquis of Clanrickard is, that the Catholics shall not be disturbed in the enjoyment of their Churches or any other Ecclesiastical possessions until that matters with others referred already, receive a settlement in a free parliament, etc. Though this be but a promise, yet were it actually procured, must not we be cast out of our Churches and possessions, whensoever this settlement shall be in a free Parliament? for until then: and no longer are we to hold possession: by Glamorgans' peace these are actually granted us for ever. By clanrickard's engagement we are only promised that we shall enjoy the Churches & possessions that were in our hands at the publication of the late peace. By Glamorgans' peace these are not promised but actually granted unto us, and with all other Churches, lands, tenements, tithes and hereditaments, other than such as are now (when that peace was concluded) actually enjoyed by his Majesty's Protestant clergy or subjects. So as, in case, God should bless the confederate Catholics with such victories against jusequin and the rest of the Rebels in Monster, and Ulster, as he blessed us in Connaght, by Glamorgans' peace all the Churches, and Ecclesiastical lands, etc. must fall unto the Catholic Clergy; by clanrickard's engagement they must fall unto the Protestant clergy; so as all our war for the future should be to raise that Sect, and by raising them, to suppress ourselves: which being once known to foreign Princes and Prelates, they would subtract all their helps from us; and the Catholic subjects at home would (with good reason) withdraw both arm, heart and means from such a war.  
71. By the same engagement there shall be forth with a Catholic Lieutenant general, etc. If he be sworn to the Catholic confederacy, & approved by the kingdom, it's well. Such an one was granted unto us long since by his Majesty; how he was put off, let them judge, who know best the state of that affairs. All incapacities are taken away from the Catholics by Glamorgans' peace, etc. what then should hinder us to have a catholic Viceroy, which is said to have been also granted unto us by his Majesty. Item our Generals shallbe invested with principal commands worthy of them etc. These principal commands being not specified, may be interpreted a Colonel's place, which indeed (respectively) is a principal place▪ That they be invested in some important Garrisons NOW under his Majesty's obedience suffers the like interpretation, and gives warning to Noble Preston, that he must out of Duncanon; for they will affirm that that garrison is not under his Majesty's obedience, but under the Confederate catholics obedience. Further by the engagement is is said, that a Considerable number of the Catholic confederates forces shall immediately be drawn into all the chief garrisons under his Majesty's obedience. This concession is good, if it were performed; but because herein the marquis of Ormond failed, therefore Noble Preston retired, and freed himself from the engagement. If it were granted that a proportionable number should be drawn unto, etc. 't were more secure, for otherwise our catholic forces being far less in number, than the protestant forces, would be subject to massacre. But the clauses inserted in the Protestation made or to be made by the generals and commanders upon acceptance of this engagements mars all the market, and would frustrate our forces of all their pretensions, and the catholic confederates, of Glamorgans' peace. These clauses I commit not to the Print, because I have no order so to do.  
72. Now to come to the second thing, which is to be considered. Glamorgans' peace is grounded on the King's Commission dated the 12. of March, where his Majesty authorizeth him as firmly as under the great Seal to all intents & purposes, & obligeth himself in the word of a King, and a Christian to ratify and perform what he should grant to the Confederate Catholics. His Excellency the marquis of Clanrikards' engagement is grounded on no such Commission, he only voluntarily engageth himself without any invitation of the confederate catholics, and is assumed, as an instrument by those, who would cross his Majesty's foregoing grants made unto the catholics, who may reasonably thus discourse with themselves: if those men have frustrated his Majesties own grants and the peace by his commission concluded, how much more will they frustrate the engagements of any private subject, which are grounded on nothing but on his own undertake, and in case of non performance the catholic confederates have no redress. Neither doth the King's Lieutenant himself oblige himself to the performance of any thing, nay rather this engagement supposeth his opposition to some things. To conclude (omitting much more) the parties, who concluded Glamorgans' peace, have been authorized by King and country; the parties concluding Clanrikards engagement have been authorized by neither; and therefore invalid and to no effect. Out of which, and what already hath been answered by the council and congregation 24. Novemb. 1646. it is evident how far those nine catholic churchmen of Dublin erred in their judgement, when unto a question propounded unto them touching this matter, they answered, that the Roman Confederate catholics of this kingdom may without scruple submit to the late rejected peace and accept thereof as strengthened with the said addititionall engagements. Neither can it avail them to add (the circumstances of times and present state of this distressed kingdom considered) seeing we had better conditions from his Majesty himself, when we were in a worse posture, & we were never in a better posture, than we were when this engagement was offered, if mischievous faction had not put a division among us. Veruntamen, vae illi per quem scandalum venit. If the rejected peace with these additional engagements could be accepted without scruple, I believe the Council and Congregation could judge better thereof, than any private men, who were not in a f●ee condition to deliver the sense of their souls. Ecce praedico vobis li●ertatem, 
jerm. 34 ●●.  ait Dominus, ad gladium, ad pestem, ad famem.    

The Epilogue.  
THus by the Divine assistance (judicious Reader) I have finished both parts of this Survey; to God be honour and glory, who is the Author of all good things. In matters of fact, that are transacted with much secrecy, it's very hard to produce demonstrative arguments to convince the actors, & when such matters trench upon the honesty and integrity of men, things doubtful are, regularly to be interpreted to the best sense; but if such transactions be justly suspected to tend ●o the ruin of Religion, destruction of Common wealth, and hazard of God's people, it is not only expedient, but oftentimes necessary that things though doubtful and not evident, per modum cautelae & remedij, be interpreted in the worse sense, say the 
Cajetan. Salon, Arragon. Ban. apud Tan. to. 3. disput. 4. q. 3. dub 3. nu. 57 58. ex S. Tho. 22. q. 60. a. 4.  Schoolmen. In both parts of this Survey, I am persuaded, I have produced solid demonstrations to prove the principal conclusions by me handled; if in some accessories, which follow the principals, I have only produced probable arguments, or reasons grounded on violent presumption, or just conjectures, I am not therefore to be reprehended, because in matters, which may prejudice our Religion, and hazard our lives, fortunes, and estates, we may make use even of arguments, of the truth whereof there may be some doubts or suspicion; with how much more reason may we make use of arguments, which carry with them some probability; because they are alleged per modum Cautelae etc. to prevent the suspected. If one were impeached of high Treason, to convict him, it were enough to prove one article of the 24. What I have written in this second part concerning the Ma●ques●e of Antrims conjunction with General Lusty, as it was received from the forge of febles in Dublin, so it appears fabulous; such like discourses, which are accessories to the principal, as they occur, repute thè as Apoch●ypha. In the prosecution of this work I have not preoccupated all the objections my adversaries could make, some I have reserved for a reply if any encounter me. Those that aught to stand at the bar to be judged by this work, must not sit on the bench to give judgement against it; I have other judges of more indifferency unto whose cognizance such censures do properly belong: yet if it shall please God to reunite the hearts of the Confederate Catholics together in the bond of charity, I shallbe willing by a sweet supplement to wipe away all distastes and jealousies. Of two evils the least is to be chosen, if the clergy for bear the discovery of those truths, which may touch the reputation of a few particulars, then must the reputation of all the confederate catholics of Ireland necessarily suffer detriment among all foreign Nations abroad, because without any necessity they consented to so unjust a peace. If the clergy had been silent, then (to save the credit of a few private persons) they had hazarded their own credit, and sunk in the heroic enterprise by them attempted for defence of Religion, King and country: neither had the confederate catholics been so truly informed of the nature and condition of the said rejected Peace, had consequently they had been ignorant of their own misery. Those good Gentlemen, who have herein manifested their affection to the Marquis of Ormond, have not been so well recompensed by his Excellency, as they deserve; for in his treaty with the Parliament, he was careful to provide for the security of all the Protestants in Ireland, but neglected to provide for the security, either of those Gentlemen, or of other his dearest catholic friends and nearest alliance. Maledictus homo, qui confidit in homine.  
74. The ill-affected do ordinarily calumniate the clergy, 
jorem. 17. 5.  charging them with an inordinate desire to obtain the possession of their church-living. To omit many answers to this calumny; these seculars, that vent it, ought rather to thank the clergy; because their own children (if they become churchmen) will questionless reap the fruit of the clergies labour. And in my judgement, it had been a great joy unto them to see their own children raised to the height of church-dignity, and thereby enabsed to help themselves and help their friends, whereas otherwise (while heretics possessed all) they might be forced to beg their bread. Dew patientiae & solatij det vobis id ipsum sapere in alterutrum secundum 
Rom. 15. 5.  JESUM CHRISTUM, ut unanimes uno ore honorificetis Deum & Patrem Domini nostri IFSV CHRISTI.  
75. A Quere was made, how it stood with the Oath of Association, that the late Council should give orders unto General Preston, asworne Confederate catholic, to obey the commands of his Excellency the marquis of Clanrikard, & to deliver unto his command and possession (being not of our u●ion, or (worn to the catholic Confederacy) such Castles, Forts, & Garrisons, as he took in in Connaght, by which means (if God shall not unite his Excellency to our Confederacy) we are like to be at as much trouble to recover them out of his hands, as we were to recover them from the enemy. Whereunto I can make no answer, but do humbly refer the discussion thereof unto this Catholic and general assembly. I have often admired, to see so many byways taken, so many factions raised, and so many solicitors employed, even by Catholics (but Catholics poisoned by the contagious infusions of our adversaries) to procure the acceptation of Ormonds' peace, though destructive to the Catholic Father; and none of them speaks for the maintaining of Glamorgans' peace, though it tend principally to reparation and conservation of the catholic Faith. Mysterium absconditum.  
76. I hear, I am traduced (but by an interessed Lawyer) to have alleged some statute or other in the first part of this Survey, as if the same was not repealed which indeed was repealed. What this statute might be, I do not well know, only I conjecture, that it is the statute of 28. Hen. 8. which I cited in the first part pag. 3. & 4. touching which I have had conference with some learned Lawyers, who could never show me upon any authentic record the repeal of that statute or other in the first part of this Survey, as if the same were not repealod which indeed was repealed. What this statute might be I do not well know, only I conjecture, that it is the statut of 28. Henry the 8. which I cited in the first part pag. 3, and 4. touching which I had conference with some learned Lawyers, who could never show me upon any authentic Record the repeal of that statut, for which cause, and for other reasons which here I must omit, I was encouraged to cite that statut. The collector of the Irish statutes hath not followed the method of the Collector of the English statutes, who carefully at the conclusion of each statute repealed or revived, informed his Reader, when & where such a statute was repealed or revived, yet he tells us in his Epistle Dedicatory, that he hath printed only such statutes as were formerly printed and not expressly repealed, and among some statutes repealed, whereof mention is made in the Collection 
Fol. 67. 427. 429.  of the Irish statutes I find not this mentioned. It is true, that 3. and 4. Philip and Mary, this statute and all other statutes enacted by Henry the 8. against the See Apostolic, and the Supreme power thereof, were repealed, though the statutes of such repeals were not recorded among the rest of the Irish statutes, which some attribute to the corruption of the collector, yet were the same statutes all revived, confirmed and amplyfyed in the second year of Queen Elizabeth's reign, 
Irish statutes pag. 260.  where express mention is made of the statutes of the foresaid 28▪ year of Henry the 8. and not only the grievances by me alleged out of the same statute, but also the Oath of Supremacy there established, iterated and confirmed by the statute of 2. Eliz. so far is it from truth, that the foresaid statute was & remaineth repealed. Which our learned Lawyers that penned our declarations and remonstrances foreseeing, were therefore careful to demand that not only the the act of 2. Eliz. in Ireland, but also all other acts made against Catholic Religion 
Declar. printed in France p. 8. n. 6.  since the 20. year of Henry the 8. should be repealed▪ wherein they suppose the said statutes of Hen. 8. to be in force: accordingly the first of our 17. propositions, wherein we demanded a repeal of all p●nal laws, was propounded in general terms abstracting from the statut of 2. Elizab. and all other statutes. Our Committee of the treaty should have followed their Instructions in this particular, and not limit the revocation of the Oath of Supremacy to that Oath of 2. Eliz. knowing rightwell, that the other Oath of 28. Hen. 8. is extant in the printed Irish statute, but the repeal thereof no where (that I could find) extant. It were more honourable for this good Lawyer, to take pen in hand (if his joints be not too stiff) and refute this Survey, than to rail against the Author at other men's Table▪ remove a te ospravum, & detrahentia labia sint procul a te. 
Prov. 4. 24.   
I conclude with the Apostles advise, I beseech you brethren, mark them diligently, which cause division, and offences. 
Rom. 16. 16. 17. 18.  contrary to the doctrine which you have here learned, and avoid them. For they that are such, serve not the Lord JESUS CHRIST, qut their own bellies, and with fair speeches and flattering deceive the hearts of the simple.  
Laus Deo Deiparaeque.  
Omnia S. R. Ecclesiae & Congregationis utriusque Cleri Hibernici judicio subjectasunto.   
FINIS.   

Erratasecundae partis.  
PAg. 11. lin. 23. for where, read whence. pag. 13. lin. he, is omited, p. 17. lin-21. for can read and, p. 25. lin. 31. read ontayneth, p. 26. lin. penult▪ for in read in, p. 36. lin. 24. who, eade which, pag. 44. lin. 24. read insufficient, pag. 56. lin. 26. read Protestants, p. 66. lin. 64. read Religion, p. 79. l. 2. for 14000. l'. read 13000. l'. p. 86. lin. 14. read yielded ibid. lin. 31. read Churches, yielded, pag. 94. lin. 1. read disease, pag. lin. 3. 97. read us.