THE MARQVES OF clanrickard's ENGAGEMENT Of the nineteenth of November, 1646.  
Upon the engagement and Protestation of the General's Nobility and Officers of the Confederate Catholics Forces hereunto annexed, I Vllycke, Marquis of Clanrickard, do on my pair, solemnly bind and engage myself, unto them, by the reputation and honour of a Peer, and by sacred Protestation upon the faith of a Catholic, in the presence of Almighty God, that I will procure the ensuing undertake to be made good unto them, within such convenient time, as securities of that nature, which are to be fetched from beyond, can well be procured, and at the furthest by the first day of September next ensuing the date hereof, or failing therein to unite myself to their parties, and never to sever from them, and these their Interests till I have secured them unto them.  
First, That there shall be a revocation by act of Parliament of all the Laws in force within this kingdom, in as much as shall concern any penalty, inhibition or restraint upon Catholics, for the free exercise of their Religion  
Secondly, that they shall not be disturbed in the enjoyment of their Churches, or any other Ecclesiastical possessions which were in their hands at the publication of the late Peace, until that matters with others referred already, receive a settlement upon a declaration of His Majesty's gracious intentions in a free Parliament held in this kingdom, His Majesty being in a free condition himself.  
Thirdly, And I do further engage myself never to consent to any thing that may bring them in hazard of being dispossessed, and never to sever from them, till I see them so secured therein, either by Concession or by their trust and power in the Armies and Garrisons of this kingdom, as to put them out of all danger of being dispossessed.  
Fourthly, And I do further engage myself, that forthwith there shall be a Catholic Lieutenant General of all the Forces of the kingdom invested by His Majesty's authority, and that the Generals or either of them signing to the said engagement shall be forthwith invested by His Majesty's Authority with principal Commands worthy of them, in the standing Army of this kingdom, and likewise in some important Garrisons now under His Majesty's obedience, and that a considerable number of the Confederate Catholic Forces shall immediately be drawn into all the Chief Garrisons under His Majesty's obedience; And I do further assure proportionable advantages to such of any other Armies in this kingdom, as shall in like manner submit unto the Peace and His Majesty's authority.  
Fiftly, This for security of as many of those particulars, as shall not forth with be performed; and made good unto them by the Lord Marquis of Ormond His Majesty's Lieutenant Governor of this kingdom, I will procure them the King's hand, the Queen and Prince of Wales His engagement; and an engagement of the Crown of France to see the same performed unto them.  
Sixtly, And further, for their assurance that my Lord Lieutenant shall engage himself punctually to observe such free Commands as he shall receive from His Majesty, to the advantage of the Catholics of this kingdom, or during the King's want of freedom from the Queen or Prince of Wales, or such as shall be signified to him as the King's positive pleasure by the Lord Digby, as principal Secretary of State; And further that whilst the King shall be in an unfree Condition, he will not obey any orders, which shall be procured from His Majesty, by advantage of His Majesty's want of freedom, to the prejudice of what is undertaken.  
And Lastly, I do protest that I shall never esteem myself discharged from this engagement, by any power or authority whatsoever.  
Provided on both parts, that this engagement and undertaking be not understood or extended to debar or hinder His Majesty's Catholic Subjects of this kingdom, from the benefit of any further graces and favours which His Majesty may be graciously enduced to concede unto them, upon the Queen's Majesty's mediation, or any other treaty abroad with His Holiness.  
And I do further engage myself to employ my utmost endeavour and power by way of petition, solicitation, and persuasion to His Majesty to afford all the Subjects of this kingdom, that shall appear to have been injured in their estates redress in the next free Parliament.  
And I do also further undertake, that all persons joining, or that shall join in the present engagement shall be included in the act of Oblivion promised in the articles of Peace for any acts done by them since the publication of the said Peace unto the date of the said engagement.  
Signed Clanrikard.   

BY THE COUNCIL AND CONGREGATION.  
Kilkenny 24. November, 1646.  
WE taking into consideration an Instrument entitled the Marquis of Clanrickard his Engagement of the nineteenth of Novermber, 1646. do first observe that his Lordship is qualified with no known authority that might enable him to make good the undertake therein exptessed (if they did contain advantageous Concessions) as they do not, and then let any man judge that looks with an indifferent eye whether the Peace of a kingdom to follow thereupon be grounded on sufficient foundation.  
The next to be considered is the third Article, where it is expressed, that there shall be a revocation of all the laws in force in this kingdom in as much as shall concern any penalty, inhibition or restraint upon Catholics for the free exercise of their Religion.  
These words seem plausible, but he that will look into 〈◊〉 Statute of 2. Elizabethae in the 1. 2. 3. and fourth Chapters and other the Statutes of force within this kingdom, will find that no Bishop can be made or consecrated, or do the office of a Bishop in conferring orders of Priesthood, or granting dispensations or faculties, or any Priest exercise his Function after the Rites of the Roman Catholic Church by authority of the Sea of Rome, but that by express words of the said Statute of 2. Eliz. in one of the said Chapters, the first offence of that nature is under pain of Praemunire, which extends to imprisonment during life, and the forfeiture of goods and lands, the second offence is Felony, and the third offence against that law is High-Treason in the principals a betters, relievers, and maintainers, etc. and the words of the said first Article do extend only to the revocation of the penalties against the exercise of Religion, which will not take away the branches of those laws, that are against the exercise of Spiritual jurisdictions, or functions, so as all our Prelates and Priests are left subject to the former dangers, which doubtless the Confederate Catholics did intent to free them from upon the taking of their oath of association, by one of the Chapters of that Statute of 2. Eliz. Catholic Service or Mass is excluded out of the Churches, and the Common Prayer Book which the Protestants used, introduced, and clearly for any thing mentioned in the said first Article, no Mass can be said in any Church without incurring the penalty ordained by that law, and those that are versed in the late treaty with the Lord Lieutenant do well know, and all others that saw an Instrument sent by the Lord Lieutenant in a letter of the seventh of August, 1644. importing a brief of Collections, whereby the singing, saying and hearing of Mass, was granted, may obsetve that notwithstanding that Concession the Lord Lieurenant, did add a Proviso that no Mass should be said or sung, in Church's Cathedral or Parochial, or Chapel thereunto belonging, by means whereof, and of an express 〈…〉 grant the Catholics liberty to have a Catholic 〈…〉 any authority from the Sea of Rome, and for want of 〈◊〉 Concessions in matters of Religion without Prouisoes or C●●●● that would spoil them, matters of Religion, were referred by the late Articles to further or other Concessions, and as we are taught by the tenants of Catholic Doctrine, that there can be no Catholic Religion nor essential parts thereof with out Bishops, who in matters of Religion depend and aught to depend of the Sea Apostolic, and without Priest, made by such Bishops, or the Pope himself, nor the Sacrament, administered without such Prelates, and Pastors, thereof are the exercise of Religion as to those, and several other particulars essential ought to be made certain; or else that the said Statutes of 2. Eliz. and the Statutes of Faculties 28. H. 8. be totally repealed as to His Majesty's Roman Catholic Subjects, and a provision made by act of Parliament for Roman Catholic Bishops and Pastors to be and remain in this kingdom with impunity.  
Upon consideration of the second Article, where it is expressed that they shall not be disturbed in the enjoyment of their Churches or any other Ecclesiastical possessions, which were in their hands at the publication of the late Peace, until that matter with other referred already, receive a settlement upon a Declaration of His Majesty's Gracious intentions in a free Parliament held in this kingdom, His Majesty being in a free Condition himself. It is apparent by this second Article, besides what is said before, that the first Article concerning the revocation of the penal laws is not intended by the undertaking of that engagement to extend to the taking away of the penal Laws that prohibit Mass to be said in Churches, and seemeth as to the Churches to put us by our own assent, to this Proposition, in worse Condition than we were by the late rejected Peace for then and still we have the resolution of the General Assembly expressed in an order to hold our Churches always and not to part with them, and now if this second Article were agreed on, we express only a promissive enjoying of them until Parliament, and so are left as to that in a worse Condition than before, and even until Parliament itself, there is no security at all for Churches or Church-livings within our Quarters other than the undertaking of the said Lord Marquis of Clanrickard, who is subject to mortality, and changes, as other mortal men, and who was never yet of our union, and admit this were an assurance until Parliament, the same will shall, on the King's Declaration to the Contrary, if in a free Condition, which Declaration to be contrary, may probably be expected so long as His Majesty is of a different Religion, and before that Parliament be, all persons engaged or to be 〈◊〉, are subject to mortality, upon all which we 〈…〉 at all for Churches or Church-livings.  
As to the third, it containeth no Concession, and is but an engagement of the said Lord Marques his word, which is uncertain and unsafe to rely on, without mentioning what Garrisons, and what Catholics in them, and what number and by whom they are to be Commanded in regard the Commander in chief may by his order remove or alter them as he sees cause, without looking after the Lord Marquis of Clanrickard for advise or consent, and in effect, if the number to be put into Garrison be not so ascertained that it may master the rest there from the Protestant party, it is but to offer our men to the slaughter, and expose ourselves to what Conditions they please, our Army abroad being thereby diminished, and the party put into Garrison, subject to be removed at the pleasure of him that shall Command in Chief.  
As for the fourth, whither the Catholic Lieutenant General be of the Catholic union, or faithful to the same, and what Commands to be canferred on our Generals or Commanders, or upon which of them, or for what time to continue, or to what Chief Garrisons they shall be drawn, or in what number, or how long they shall continue there, are wholly uncertain, and all the particulars are alterable, and subject to the will and pleasure of the Chief Governor for the time being.  
The fifth only is matter of security and mends not the conditions granted, if the same were obtained as is propounded, and if our union were dissolved by any agreement before performance, what means is left us to expect or obtain performance, and certainly where the Lord Marquis of Clanrickard grounds all he doth in this on his own undertaking without warrant from His Majesty, We cannot prudently suppose (having no other grounds for it) but His Majesty will disavow it, when he did disavow the undertaking of the Earl of Glamorgan to the Confederate Catholics made more solemnly to the persons wherewith the government was entrusted, and who had thus far an advantage beyond the Marquis of Clanrickard, that his Lordships the Earl of Glamorgans' Concessions were grounded on His Majesty's known authority under His Seal Manual, and attested with His Royal signature: Whereas the Marquis of Clanrickard goeth only on his own undertaking.  
As to the sixth it contained no certain Command or order which may in future be had from His Majesty and being an uncertain contingency needeth no answer.  
As to the seventh concerning his Lordship's undertaking to solicit for redress to be had in the next Parliament, therein we find no manner of assurance for all those, who unjustly lost their estates in Ireland, other then, that the Lord Marquis of Clanrickard will petition, solicit, persuade, and use his best endeavours, whereof no man is judge but himself, and the event and engagement uncertain, and the act of oblivion being only by that Instrument of engagement to extend to those that shall join therein, and which engagement is now suddenly expected to be concluded there; all others of the Nation that are absent, who cannot join therein so suddenly, and are not privy, are left open to the danger of the extremities of the law both for their lives and estate.  
And lastly, we conclude, that the General Assembly now at hand is the only mean left to conclude a certain stable peace, in this kingdom, and no private or particular undertaking of any Subject unqualified with any appearing authority: Besides the former inducements to satisfy you, you ought seriously to consider that the Earl of Glamorgans' Concessions ground on His Majesty's authority and read in the General Assembly held in Lent last, and on which they wholly relied, will by these Propositions (if accepted) be absolutely waved contrary to the intention of the whole kingdom which we desire may be seriously reflected on, amongst the rest, those Concessions by many degrees being more valuable, and grounded on clearer, authority, than the offers, or undertake now made.  


joan. Bapt. Archiepiscopus Firmanus Nuncius Apostolicus.  
Io. Clonpert.  
Fr. Pa. Plunket  
Rob. Lynch.  
Emer. Clogherensis.  
Alex. Mac donnel.  
Fires Butler.  
Louthe.  
N. Plunket.     

By the Council and Congregation.  
Whereas an Instrument entitled the Engagement of the Marquis of Clanrickard of the nineteenth of November was presented unto us, importing Propositions to induce the Confederate Catholics, to a Peace, on those terms, to the defects and uncertainties whereof exceptions are offered and what further is necessary for the settling of the Catholic Religion, and the good of the Nation otherwise and to the end all the Confederate Catholics may clearly see what those offers and answers are at full, we have directed them to be sent to the press, and dispersed.  
FINIS.