A SVRVEY OF THE ARTICLES OF THE LATE rejected PEACE CONCLVDED In the Marques of Ormonds Cabinet in Dublin, the 29. of july 1646, and there published, as if the same were concluded the 28. of March before. In which survey it is proved by notable observations upon some of the said articles, that the said Peace is destructive of the catholic Faith, disadvantageous to His Majesty, pernicious to his catholic subjects, and favourable onely to rebellious Parliamentary heretics.  
unto the iniquity of which Peace is added the invalidity and nullity thereof: 1. By the revocation of the Marques of Ormonds Commission before any Peace was legally concluded &c. 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 regular themselves, namely, from the Oath of Association, model of government, Acts of Assembly, Grievances, Declarations, and Propositions made by the kingdom to His majesty, &c. 6. By rejecting the Kings favours and graces. 7. By their surreptitious and clancular concluding of a Peace contrary to their promise made unto the Lord nuntius. 8. By the Kingdoms non-acceptance thereof;  
Whence the Iustice of the Clergies Decree of perjury, and excommunication against the Adherents to so impious and invalid a Peace, is evidently deduced.  
THE FIRST PART.  
By Walt. Enos Dublinian, Priest,& D. of Divinity.  Propter fratres meos& proximos meos loquebar pacem de te. Psal. 121. 
Printed at Kilkenny, by permission of Superiors, and approbation of schoolmen in the year. 1646.   

NOs joannes Baptista Rinuccini, Archiepiscopus& Princeps Firmanus, apud Hibernos Confoeder. nuntius Apostolicus Extraordinarius, vobis RR. PP. quorum nomina inferius scripta sunt,& cuilibet vestrum, facultatem facimus,& per praesentes pariter mandamus, ut post diligentem perlectionem libelli, cvi titulus est ( A Survey of the Articles of the late rejected Peace) vel primae parts ejusdem modo impressae, ab eximio dno& Magistro Gualtero Enos S. T. Doctore, de mandato Ecclesiasticae Congregationis, compositi, censuram vestram& calculum pro qualitate& utilitate operis eidem apponatis, adeoque confirmet is& corroboretis, ut vel ind, perspectis calamitatibus, quibus involvebuntur Confoederati Catholi●…( si pax istafuisset acceptata) ad constantem in causa day unionem, ejusdemque promotionem alacrius excitentur. Datum in Palacio nostrae Residentiae Kilkeniae. 28. Novembris, 1646.  
joannes Baptista Archiepiscopus 
 Firmanus nuntius Apostolicus. 
 Nomina PP: referuntur in sequentib. approbationibus.   

THis first part of the Survey by the very Reverend Father Walter Enos Doctor of divinity Written; and by me perused, is a true discovery of a pernicious intended Peace, wherein as in a true prospective glass, such as have erred in concluding the said Peace, may behold their own errors, the iniquity of the foresaid Peace, and the venom of the penal statutes. This Survey containing nothing else but true zeal, Learning,& sincere fraternal admonition, is worthy to see light, and with its light, will enlighten others, not to run headlong unto the sad darkness of a dishonourable Peace: Dated at Kilkenny the fourth of December, 1646.  
FR. patrick PLVNKET 
 Abbot of St. Maries abbey of Dublin, diffinitor& late president general of the Congregation of St. Malachias, and St. Bernard in Ireland.   

THe subsequent Survey needs no better Approbation, then it delivers within itself, to the view of any judicious and unpartial Reader: who after a diligent perusal( as I have done, by special Mandat) will easily perceive with me; that( for its main substance) it oppugnes only a temporary form of Peace, as far as it goes not the right way to the eternal. Which Doctrine stands well with sound faith, and good manners, in the iudgement of  
Kilkenny 4. Novemb. 1646. Tho. Roth. 
 dean and Vicar general of 
 Offory.   

BY Command of the Lord Nuncio, I the under-named, have perused a small treaty entitled, A Survey of the Articles of Peace, wherein I have taken notice of many subtle observations, and comparing the said observations and collections with the Articles of the said Peace, as thy are cited in the said Survey, do find, that there is no security for Church or Commonwealth in the said Peace, dated at Kilkenny, this fourth of December, 1646.  
NICOLAVS tailor, 
 Sacrae Theol. Doct. Protonotar. Apostolicus& Rector Eccl. de Swords.   

I Have according to the above Command perused the first part of the foresaid Survey, Composed by Walter Enos D. of divinity, wherein I sound nothing dissonant to orthodox faith, or good manners, but on the contrary I found learned and grave arguments grounded on the laws, divine and human, discovering the iniquity of the foresaid Peace, and the delusions of the present time. Wherefore I hold it worthy the publication, wishing the firm impression thereof also in the hearts of the Confederate catholics, to the end they might by perfect union prevent their own ruin. Kilkenny, 4. Decembr. 1646.  
joannes SHEE, 
 Theol. Praeb. de Main,& Vicarius 
 Sancti joannis Evangelistae.   

BY virtue of a Commission directed unto us, by the mostillustrious Lord, the Lord nuntius, we have perused a book called, A Survey of the Articles of the late rejected Peace, being the first part thereof, Composed by the Learned Father Walter Enos Doctor of divinity: and do find nothing therein contrary to catholic doctrine, but rather many things conducing to the public good of this poor distracted kingdom. Wherefore wee deem it worthy the printing. Given in our Convent of the Holy Trinity of the Order of Preachers in Kilkenny the 3. of December, 1646.  
Fr. joseph Langton Sac. Theol. Magister. 
 Fr. Hugh Duigin Supprior. 
 Fr. Faelix Connor S. T. Professor. 
 Fr. John O'Hairt S. T. Professor.   

IN obedience to the foresaid mandat; we have read and diligently perused the book entitled, A Survey of the late rejected Peace: written by the Reverend and most learned Walter Enos Doctor of Divininitie Wherein we have seen nothing contrary to the tenants of Catholiquec Religion, or rules of good life; but in all and every part thereof observed sound doctrine, but discovered a zealous, strong, and vigorous spirit, but found most ample satisfaction to clear even the least scruples, which any might have concerning the proceedings of the Confederate catholics, in rejecting the late peace concluded with, and published by the Marques of Ormond. Wherefore we think it most worthy the public view and light. Given at our Convent of S. Francis at Kilkenny the third of Decemb. 1646.  
Fr. Antonius Mac Geoghegan, Guardian of Kilkenny& late provincial of Ireland. 
 Fr. Paul King Preacher& reader of divinity. 
 Fr. Peter welsh, Preacher and reader of philosophy.   

IN obedience to the above Command, we have examined with diligence, the first part of the book above mentioned, and do find that the Author therein doth learnedly show by his ingenuous observations, that in those Articles nothing was established for the security of the free exercise of our catholic Religion; nothing for the preservation of our Churches, Church-livings or jurisdiction; nothing for the defence of the lives, liberties, or estate of either ecclesiastical or secular; wherefore we hold the foresaid first part to be no less worthy, then necessary to be exposed to public view, not doubting; but it may produce good effects in conserving chiefly the catholic union. 〈◇〉 at Kilkenny ●… Decembris. 1646.  
William Saint Leger of the society of Iesus, 
 John Mac Egan of the same society.   

To the right Reverend Prelates, and Venerable Fathers of the ecclesiastical Congregation of both Clergies of the kingdom of Ireland.  
RIght Reverend prelates, and Venerable Fathers,  
I may truly say with chast Susanna: 
Dan. 15.42  Angustiae sunt mihi undique, I am perplexed on all sides: If I comply with Your Commands, I incur the high indignation of those noble persons, that contrived the late rejected Peace: If I slight them, I am argued of disobedience unto you, my venerable superiors. If I speak the words of truth, I am reprehended, even by those, whom in my soul I otherwise honour: If I conceal the truth; whole kingdoms stand up, and give testimony against the iniquity of the said peace, and against the irregular proceedings of the Authors thereof. But its better for me to fall into their hands, than to offend in the sight of my God. Truth begetteth hatred; but against the venom thereof I am Antidoted by this divine Conservative: pro anima tua ne confundaris: dicere verum est enim confusio adducens peccatum,& est confusio adducens gloriam& gratiam: though it were to the hazard of thy life be not ashamed to tell the truth; for there is a shane that bringeth sin, and a shane, that bringeth glory and grace; fight for iustice with the hazard of thy life, and unto death strive for iustice: for God will overthrow thine enemies for thee: if any censure or sindicate me of too great freedom and liberty of spirit in delivering the truth in this present work; I let them know, that I have, as patterns to imitate in the like occasion, whole troops of Martyrs and Confessors, who boldly spoken the testimonies of our Lord, in the sight of Kings, and were not confounded. 
Psal. 118.46. 1. Cor. 10.25.  Vt quid autem libertas mea judicatur ab aliena conscientia.  
Yet having had experience of the profound humility of those Noble gentlemen accompanied with learning and virtue, which I seriously observed in them, while the whole passage of this treaty, was in discussion before you at Waterford, I cannot despair of their benign interpretation, and favourable construction of any thing that may seem distasteful to them in reading this Survey. pax multa diligentibus legem tuam,& non est illis scandalum. 
Ps. 118.125.  Nothing can offend them that prefer the honour of God and the public good, before their own honour, and any private interest. Humanum est errare, diabolicum autem perseverare. Though those Noble Gentlemen have erred( an imperfection incident to human frailty) yet have they not persevered therein, having humbly captivated their Iudgment to the Iudgement of holy Church, being mindful of that lesson of Christ Iesus: 
eve. 10.16.  Qui vos audit, me audit. No confederacie on earth can have so strict an union, as that, which is between the Blessed of heaven; yet are we informed by the prophetical oracle, that the Prince or tutelar angel of the Persians was at contention with the tutelar angel of the Iewes, and resisted him for the space of one and twenty dayes, 
Dan. 10.13. & Interpret. ibid. Ephes. 4.3.  yet did they always preserve the unity of the spirit in the bond of Peace. What marvel is then, that among the Confederate catholics some contention should arise, seeing so many engines have been invented by the Enemies of truth and Religion to dissolve that happy union, which God himself hath wrought in their hearts for the reparation of the catholic faith, security of our sovereign and conservation of His kingdom? yet wee hope, that such small division shall never burst into any rapture, but that God( who familiarly produceth good effects out of bad causes,) will produce a more strict and happy union among the same Confederate catholics out of such petty divisions. Pater saint serva eos in nomine tuo &c. ut sint unum, 
joan 17.11.  sicut& nos. Ah let not the wound grow wider, let not the Canker fret farther into the body. God hath put a division long since between our Enemies in these three islands to pull down their proud Babel, and erect his own ark: ah let not our division destroy Gods work. Wee begun for God, and& our beginnings have been seconded by his powerful hand, let us end with God, and he will crown our conflicts with ever vernant laurells. The eyes of Christian Princes abroad do look in the Confederate catholics of Ireland, as on the Champions of Christ, the Reparators of Religion, and Conservators of monarchy, let us not sad their hearts and draw tears from those eyes by recoiling from Gods cause, and yielding unto our declining enemies on sordid Conditions, least wee become spectaculum indignum mundo& angels& hominibus. Know, 
1. Cor. 49.  our Enemies cruentall doom against us is universal, their merciless sword admits no distinction between the catholic Irish Noble-men or Gentle-men, between the citizen or countrymen, between sex, age, or other condition; the Orphans innocent body is as welcome to theirs, as it was to Herods sword; and when wee think our friends( in whom we have too presumptuous a confidence) will help us, be assured they will let us sink in our own miseries. Nothing less will satiat our unsatiable blood-thirsty enemies, than to drench themselves in our blood, to share our lands, destroy our pofteritie, and eradicat our memory from the face of the earth. Nothing( under God) can prevent their fury, but union. See the declaration for avoy ding distinction between old and new Irish.  
I am forced( Right Reverend Lords, and Venerable Fathers) to dispatch this first part of my Survey of the Articles of the late rejected Peace, which proves the iniquity and injustice thereof, and to expose the same to public view bebefore the second part, which proves the invalidity of the same peace; because, I hear, 
Mat. 13.25.  Inimicus homo superseminavit zizania, &c. the enemy man hath sowed the tares of division among our Armies near Dublin, and made use of some of our own catholics, as active Instruments to promove his design: Vtinam saperent& intelligerent,& novissima providerent. The Marques of Ormond appears not in the business: The Lord Digby hath assumed his excellency the Marques of Clanrickard, to act this tragic scene: he without authority promiseth much, but alas is able( in the condition of these times) to perform little; without Commission undertaketh all things; yet while he hath no other prop, than Digbyes parole, he is able to perform nothing.  
His Excellency the Marques of Clanrickard might reasonably suppose, that the nuntius, the clergy and Confederate catholics of Ireland have more power, and can prevail more with the Popes holiness, our queen, and the State of France, than any one particular Subject in England or Ireland. By his engagement nought else is to be expected, but a fatal division between the Confederate catholics of Ireland to the destruction of Religion, prejudice of His majesty; and ruin of this distressed Nation, which the God of mercy avert. The politic dayes of Elizabeth are revived in these our woeful dayes, and catholics are assumed as instruments to raise up heresy and pull down Religion. Was it to that end his holiness spent his moneys to rescue Connaught from the Scots?  
Our nobility, and sentry of the Pale were not entrusted by those of Dublin with arms to defend themselves, and in the progress of these warres they have been pillaged, burned, destroyed and banished, above all others of this Nation, notwithstanding they in time past assisted by a social war to settle His majesty in a full and secure possession of ulster. Being forgetful of this foul remuneration they would now precipitate themselves into an unwarrantable and unsafe Peace with those very persons, that thus afflicted them. Venatione ceperunt me quasi avem inimici mei gratis. 
Thren. 3.52  I beseech them( for their own good, and the good of their posterity) that they would consult with disinteressed Lawyers, who may truly inform them, whither by the Articles of the Peace rejected, or the Engagement of the Marques of Clanrickard, they are any way secured of their Religion, Lives or Estates. The indictements& attainders of their persons, and the offices taken on their land remain still in full force: the act of oblivion will not be granted, till the next Parliament: how many of their heads may be chopped off before then? They are indeed called back to their lands, but there to live, as Tenants at will, seeing no solid assurance is given them to possess the same without interruption; whensoever it shall please the present Lord Lieutenant or his successors, they may be ejected, and forced to give an account of the maine-Rates during the time they possessed the same by intrusion, and withall they themselves may be arraigned for their lives. Let them turn themselves what way they list, they are like to be a prey on all sides, if they adhere not( according to their oath) to the catholic Confederacie. They ought not for any injury pretended to be done them by any their fellow-Confederates, concur to any act destructive to themselves, and their Religion. redress may be had by more lawful ways, and a Course laid down for prevention of any future injury. Vae illi, per quem venit scandalum. 
Math. 18.7.   
How shall wee avoid Gods just indignation, the infamous note of perjury, and everlasting disgrace among all Nations, if( having proclaimed unto the world, and accordingly taken a solemn oath) that wee would maintain the catholic Religion) wee should reject all the graces granted unto us by our sovereign for the maintenance of the same Religion, and adhere unto his Subject and unto a Peace, derogatory to all the said graces? His majesty grants us the repeal of the penal laws made against Religion: the subject denies it. His majesty commands the suspension of poinings act, which might otherwise be a hindrance unto us and unto the catholic Religion the next Parliament: the subject suppresseth it: His majesty grants unto us a catholic Vice-Roy to govern us; a thing known abroad in catholic Countreyes, and by all catholics passionately desired; the Subject invents ways, to reject it. Shall wee adhere to the King or to the Subject; to our Religion or to heresy; to the Conventicle of Malignants, or to our catholic Confederacy; to our solemn oath and public protestations, or to perjury and perfidy? Perditio tua ex te Israel. These human policies have hitherto produced no other effects, than the distracting of the subjects from assisting their sovereign, and are like for the future to produce no better. When great ones prefer their own private interest before the Kings security, what hopes are there of any relief to be sent him? If ever the catholic confederates sand over succour for His majesty,( as by their protestation they have vowed) they resolve never to give the honour of their labours and charge in that expedition to any Protestant subject breathing; for that were to fall into the old servitude; when the catholics contributed well nigh a million of money to His majesty, the Protestant or Puritan Ministers of Iustice assumed all the honour of such Contributions to themselves, and represented the catholics as Refractories.  
Here( Venerable Prelates and Fathers) I must offer violence to mine own Genius, and stop the vent of many occurring arguments, which might be propounded in this weighty matter. To you this Survey is addressed, because from you the author received Commands and encouragement to attempt it; as it is composed to justify your Religious endeavours in promoving the cause of God; so I pray, it may be patronized by your favourable acceptance. he that is not with you, is against you; 
luke. 11.23.  he that gathereth not with you, scattereth. God hath appointed you to support his ark, when others withdrew their shoulders from so sweet a burden. Preserve( Venerable Prelates and Fathers) preserve it, by yourselves and your constant Adherents, from the foul hands of the Philisthims, least the gentiles invading our Lords inheritance pollute his holy Temple! nolite dare SAVCTVM CANIBVS! suffer not ravening wolves to possess our Lords fold: rescue from their devouring jaws the flock committed to your charge: 
Ezech. 34. ●●.  that which was lost, seek after, and that which was cast away, bring back again: and that, which was broken, bind up; and that, which was weak, strengthen; and that, which was fat and strong, keep, and feed in Iudgement; that once that joyful day may shine in our hemisphere, when we may all say; est unus Pastor& unum ovile. How prodigiously God hath seconded your humble and weak beginnings histories shall communicate to future ages, ut qui gloriatur, in Domino glorietur. The enemy hath been brought in, and seated in the chief city within your own Quarters, whilst you modestly resisted by your Fatherly admonition. Agents are sent unto you to Waterford by the late Supreme council and Committees to treat of a friendly Composure, if possibly it might be, interim they invite the Marques of Ormond, and present him ten Thousand men to Conquer Mounster, and to enforce a Peace, 
●. Reg. 27. ●4.  no less unjust, than invalid, on his Majesties faithful Subjects. O persidie! at fugit hostis nemine persequente. Et Domim nutu dissipatum est Consilium Achitophel utile, ut induceret dominus supper Absolom malum. Your arms were onely prayers and tears; 
Heb. 5.7, & exauditi estis pro vestra reverentia: God, who searcheth the secret angles of mens hearts, knew your religious intentions to aim purely at the reparation of Religion, the security of our sovereign, and preservation of his kingdom. I wish, that others of inferior quality and less power in Ireland, than the Marques, did take notice, how his dearest friends did abandon him, when the clergy resisted, and the Cause of God was brought into hazard; how much more would the friends of those others desert them, in case they attempted any thing to the prejudice of the Church, and without the consent of those, that entrusted them. Mihi autem adhaerere Deo bonum est. 
Psal. 72.28   
But these and such like( Renowned Prelates and Fathers) are Immissiones per Angelos malos. 
Psal. 77.40 1. Cor. 10.13  God will give cum tentatione proventum. go on forward with Machabean spirits, and as you succeed unto them in pontifical dignity; so imitate them in heroical fortitude: Let your zeal against impiety parallel that of Phinees, and your aversion against heresy and idolatry, that of Mathathias. Fight our Lords fight, and while the catholic armies are in the field with Iosue, let your prayers and oblations be offered unto God on the mountain with Moyses. 
3. Reg. 19.18. 2. Paral. 20.17.  Reliquit Deus sibi septem millia virorum, qui non curvaverunt genua ante Baal. It shall not be you that shall fight, but onely stand confidently, and you shall see the help of our Lord over you: join both swords together( the spiritual and temporal) and let one sword help the other, as our ancient fundamental laws, 
Hoved. hist. Angl.  prescribed by the glorious confessor Edward sometime King of England, do warrant you. Then is the power from God, well ordered, when one sword( the temporal) is subordinate to the other, the spiritual, and by the spiritual reduced into practise. 
Extrav. Commun. l. 1. Tit. 8.& ob. c. 1.  Both are in the power of the Church; but the temporal sword is to be unsheathed for the Church by the hands of Kings and souldiers. That God of hosts, who gave you to begin well, will give you also to accomplish well, to the Consummation of the Saints, 
Ephes. 4.12.  unto the work of the ministery, unto the edifying of the Body of Christ, which is his Church; that having fought a good fight, preserved the faith, and consummated your course in his militant Church on earth; you may be crwoned with a diadem of iustice in his triumphant Church in heaven. So wisheth, so prayeth and in the fervour of spirit desireth  
Your ever humble and obedient 
 child in Christ Iesus 
 Walter Enos.   

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

A PREMONITION.  
1. TO guide the Reader in this Survey its necessary he place before his eyes the Oath of Association, the model of Government, our Remonstrance printed in France anno 1642. our grievances, presented at Trim. 17. March 1642. the several acts& protestations made by the kingdom in the Assembly held at Kilkenny, in the moneths of july and August 1645. together with the 17. Propositions exhibited to His majesty, in april 1644. and the 14. additional propositions afterward propounded unto the Marques of Ormond. By these, as by the general rules laid down by the whole kingdom, not onely the Committee of Treaty, but the Supreme council also, and the Committee of Instructions, were to regulate their actions in the conclusion of this antic Peace. If they have swerved from these rules, they must either show us a dispensation therein, or licence us( in vindicating the honour of the Confederate catholics) in a modest manner; 
Matth. 18.15.  to discover their errors: Si autem peccaverit in te frater tuus, vade& corripe eum. As these have been rules unto the Supreme council and Committees to follow, so have they been Prospectives to catholic Princes and Prelates, to behold the pure intention and constant resolution of the Confederate catholics, to maintain& repair the catholic Faith. Essugerunt aciem gladij, 
Hebr. 11.34.  convaluerunt de infirmitate, forts facti sunt in bello, castra verterunt exterorum. The 30. Articles comprised in this Peace do correspond to the foresaid 17. and 14. propositions: both being confronted will reveal what is granted unto the Confederate catholics and not granted; what slightly answered, and not answered at all; what covettly couched to delude the Reader, 
Psal. 20.12.  and what added without the kingdoms consent. Cogitaverunt Confilia, quae non petuerunt stabilire.   

§. 1. Observations upon the first branch of the first Article of the Peace.  
1. HIs majesty is pleased( saith this first branch) that it SHALL BE provided by act of Parliament TO BE passed in the next Parliament TO BE held in this kingdom, that the Professors of the Roman catholic Religion in the said kingdom, be not bound to take the Oath of SVPREMAOY, expressed. 2. Elizabeth, &c. Observe( judicious Reader) what is here granted, is for the time to come, namely, when the Parliament SHALL BE; for the present& until the Parliament SHALL BE, thou art left in statu, quo prius, as if there were no such article in rerum natura;& if a Parliament never BE, then art thou never exempted from this Oath. In the mean time, and for the present, even upon perfection of these Articles, the Lord Marques of Ormond, must be admitted unto the chief government of the Forts, Cities, towns and garrisons, which are in the possession of the Confederate catholics,& there to substitute his under Governors; he is to command our Armies in the field, and to appoint other chief Commanders and Officers of Horse and foot; he is to govern our frigates by Sea, to dispose of our Magazines, and dispense our powder and ammunition by land, &c. as you shall hear more fusely in our observations on the 25. Article. Verily Iulius caesar never obtained so great a victory at so low a price against all his enemies, as the Marques gained against the Confederate catholics by this sordid Peace, could it receive acceptance among them. And when all is done, what have we, or shall wee gain by this Article? Mary, that the Confederate catholics be not bound to take the Oath of Supremacy expressed. 2. Eliz. And that the refusal of the said Oath SHALL not redound to his prejudice. But if any heretic chief Governor shall present unto the catholic, the Oath of Supremacy expressed in the statute of 28. Hen. 8. c. 13. How shall he avoid it, seeing by this branch he is exempted only from the Oath of. 2. Eliz.? mark, I beseech you, how cunningly the words are couched: it SHALL BE provided, &c. that the Roman catholic shall not be bound, &c. here is no repeal of this statute or penal Law against the catholics; how then they may be securely provided, I conceive not? our observance on the next branch will discover the mystery. Alderman Richard Barnewall( a good and honest catholic) should be Maior of Dublin this year, in the absence of Alderman Lake, a heretic now siding with the Parliament: the council of Dublin knowing, that by this Article the catholic Alderman was not yet exempted from the Oath of Supremacy( which he must have taken, if he were permitted to undergo the office of Maioraltie) and fearing too timely to reveal the same, gave two hundred pound unto Mr. Smith( who was Maior the last year) to undergo the said office for the heretic Lake: so as the council had rather loose this 200. l. than that the catholic should have the present benefit of this imaginary exemption from the Oath of supremacy. It had been pricks in the heretics eyes, to see a catholic Alderman in Dublin go to mass with the Kings sword carried before him. Ab initio autem non fuit sic. 
Matth. 19.8.   
3. By this branch all the professors of the Roman catholic Religion,( propositio enim indefinita aequivalet universali) are in appearance exempted from the Oath, and yet the principal members thereof, to wit, the catholic prelates, clergy, Religious and Schollers may have no benefit thereof, by reason of this annexed Proviso: So as by the same Act it is further provided and enacted, that if any Roman catholic shall happen to be promoted, presented or advanced to any ecclesiastical promotion, dignity or bnfice, according to the form now used in the Protestant Church of Ireland, that the freedom and exemption aforesaid shall not extend to any such Roman catholic. By this surreptitious Proviso all catholic ecclesiastics are yoked under the heavy burden of the penal Law established in the 28. year of the reign of Henry the 8. cap. 13. out of which I present the Reader with this scantlet, which concerns ecclesiastics onely: It is enacted, &c. that all and every ecclesiastical judge, ordinary, chancellor, commissary, official, Vicar general, and other ecclesiastical Officer and Minister, shall before he take upon him, the execution of such office receive a corporal Oath. 1. To renounce the Pope, his authority and jurisdiction. 2. Never to consent, that he have or exercise any manner of power within this land. 3. That the King is the onely supreme head, &c. 4. That he swear to defend the laws made against the Popes power. 5. That every Religious person; at the time of possession or entry into Religion and every other Eccleasticall person, which shall be promoted or preferred to any degree of learning in any university &c. shall take the said Oath. 6. The obstinate refusal of this Oath is Treason. lo, the iniquity of the Projectors of this Proviso: 
Psal. 24.4.  Iniquitatem meditatus est in cubili suo: astitit omni viae non bonae. We pray the secular catholic to take a view of the same statute of. 28. Hen. 8. established here in Ireland, and there he shall find himself involved in as much or more calamities, than the ecclesiastic, from which neither of both are freed by this fatal Peace.  
4. Neither ought any man be deluded by those words, which are added in the Proviso( according to the form now used in the Protestant Church in Ireland) for it is known, most of the forms used in that new Church( chiefly in matter of promotion) is derived from the catholic Church, which the Protestant-Church doth in that particularly Apishly imitate: so as if a catholic Church-man desire to be promoved to any bnfice, though it be according the form of the catholic Church, yet the Protestant Governors in this kingdom, will say, that such promotion is according the form of the Protestant Church,( because both are the same) and therefore compel the catholic to take the Oath, or never promove him to any bnfice. Moreover its known that our Kings of England have( in many cases) the presentation and nomination of fit persons to certain dignities, &c. who might present a catholic Priest, as well as a Protestant Minister to such dignities, if this cursed Proviso were not thrust in into this Article: and a catholic Priest might still remain a catholic, and yet be promoved, presented and nominated by his Prince( though a Protestant) to any such dignities; examples whereof are frequent in Germany. This was foreseen by the Architects of this Article, who therefore couched the same so enigmatically.  
5. Now least this one Proviso should not be sufficient to hinder the growth of Popery( as they speak in the deformed gospelers language) this other is added: If any being Protestant; being advanced, promoted or presented to any ecclesiastical bnfice, dignity or promotion, shall afterward become a Roman catholic, that the exemption aforesaid shall not so far extend to any such Roman catholic, but that upon tender of the said oath, and refufall thereof, he be for that cause left subject to the deprivation of the said bnfice. Tota die meditabantur dolos. What inventions are made to keep up Dagon on the Altar? 
1. Reg. 5.3.  Ecce Dagon iacebat pronus in terra ante Arcam Domini: had our catholic Agents consulted with any indifferent divines in this particular, I believe, they had been  told that with safety of Conscience, they could never subscribe to such a Proviso. But alas they were all wiser than any divines; what necessity was there to descend to such infamous Conditions with men, who had not wherewithal to subsist, but by our own subsistence? Curavimus Babylonem, 
Ierem. 51.9.  & non est sanata: derelinquamus eam,& eamus unusquisque in terram suam. They ought rather to insist on the laws of God and man; if any catholic became heretic, he should be deprived of all benefice. As for the Oath of Supremacy itself, seeing all the Parliamentary Rebells in these three kingdoms have canceled all obligations and statutes enforcing the taking thereof, to what purpose do these seeming Royalists keep all this racket to preserve it: as it suddenly crept in, and never landed in either of these three Isles before the revolt of Henry the eight, 
See Stat. 1.& 2. Ph.& Mar.  so is it like suddenly to vanish away? Most of them, that took it, hath joined Treason to perjury: we, that refused it, preserve loyalty and monarchy.   

§. 2. Observations on the second branch of the said first Article.  
6. IT is Further concluded( by that Article) that for all matters concerning the first Proposition of the said catholics, viz.( that all Acts made against the professors of the Roman catholic faith, whereby any restraint, penalty, mulct, or incapacity may be laid upon the Roman catholics within the kingdom of Ireland may be repealed, and the said catholics to be allowed the freedom of the Roman catholic Religion) that his majesties said Roman catholic subiects be referred to His majesties gracious favour, and further Concessions. Note, by the first proposition above mentioned is understood the first proposition of the seventeen proposed by the Confederate catholics unto his majesty in april. 
The fraud of the second branch discovered  1644. and no concession granted by the Marques in his Majesties behalf; wherein many men have foully erred, taking this for a grant, grace or favour conferred by His majesty upon the Confederate catholics, which is indeed no other, than their demand or Proposition unto His majesty. The occasion of this Error was the wilful obscurity used by the Contrivers of this Peace, in couching our Proposition so cunningly, without parenthesis or distinction of Characters, as the unwary Reader might take that for His Majesties Concession, which is but our own Proposition, and think himself to be exempted from the penal laws, and to bee allowed freedom of Religion; whereas in very dead there is no such matter; the penal laws lie always heavily on the catholics shoulders, and instead of taking them away, they are referred( forsooth) to His majesties gracious favour and further Concessions: as if his Majesties Subjects could not have access unto him, or participate of His gracious favours, without such an idle reference and frivolous Article. His majesty by the provocation of new Statists refers our Agens from England unto His Commissioner in Ireland, and His Commissioner in Ireland( after he had pomp'd us out dry) refers us back unto His majesty in England; so our grievances are redressed; so our Religion( which promise royal, solemn oath, and ancient fundamental laws have warranted unto us) is secured. Might not our Committee of treaty after three yeares labour, and the consumption of more money, 
luke. 5.5.  than would maintain an Army in the field for half a year, truly say; Praeceptor per totam noctam laborantes nihil cepimus? Be it spoken without disparagement to any( for in the cause of God wee must not fear to publish the sense of our souls) they cast not their nets on the right, but on the left hand, they seemed not to have looked so purely on Gods cause, as on flesh and blood. At that very time when His majesty by the instigation of the Parliamentary and Scots Rebells commanded the Lord Marques of Ormond by his Missive royal dated the 11. of june, 1646. To proceed no further in treaty with the Irish, and not to engage him vpon any condition with them after sight of the same letters, yea even then when his majesty was in no better Condition, than of a prisoner with the Scots,& consequently, not at his own liberty to give the Irish any favours, or further Concessions, it pleased our vigilant Committee of the treaty to renounce all foregoing favours granted by his majesty, and to rely on future favours and further Concessions, which( while His majesty is in that posture) are impossible to be obtained.  
7. Before the effusion of so much blood by heretics, the exile of so many noble catholics, the devastation of so many Cities, towns& Counties, the depredation of so many thousands of the Kings subjects, we received a far better answer from His majesty himself, even upon this first proposition, as appeareth by the answers to our Propositions printed at Waterford in the year 1644. yea before our Agents left England, they received far better satisfaction from His majesty himself and had there made a happy Conclusion, had not the private letters of Statists( who are now like to sink in their own presumption) given impediment thereunto. Time run out, and His Majesties affairs begun to decline in England, which moved him to look for succours from his catholic subjects in Ireland, whose religion taught them to preserve faith to God, and loyalty to their sovereign. Wherefore by his letter dated 27. February, 1644. he commanded the Marques of Ormond, to conclude a Peace with the Irish, whatsoever it cost, &c. And if the suspension of poinings Act for such Bills, as shall be agreed upon between you there( saith His majesty) and the present taking away of the penal laws against the Papists by a law, will do it, I shall not think it a hard bargain, &c. This letter coming to the Marques of Ormonds hands was suppressed from the knowledge of the Confederate catholics; by which human policy all succours from Ireland to His majesty into England were hindered, which was no small occasion of his Majesties present deplorable condition.  
8. In the interim, His majesty observing, that His letters and Commands were slighted, and our succours in his pressing necessity thereby retarded; was pleased to give a special Commission to Glamorgan, dated at Oxford the 12. of March, 1644. authorizing him to treat and conclude with the Confederate catholics of Ireland, 
Glamorgans Commission.  if upon necessity any thing should be condescended unto wherein His Majesties Lord Lieutenant could not be so well seen in, as not fit for His majesty at the present publicly to own &c. This Commission with the foresaid letter of the 27. of February coming to the knowledge of the Confederate catholics in August 1645. being then assembled at Kilkenny, caused the Marques of Ormond to use speedy prevention, least he should be excluded from sharing in the honour of the expected Peace wherefore he sends up to the Assembly his letter, with a paper therein enclosed, 
Ormonds Concession.  wherein was contained a brief of such graces and Concessions, as he( in His Majesties Name) was pleased to grant unto the catholics. In the very first branch whereof, not a repeal of the penal laws, as His majesty commanded, but an exemption from penalties, and incapacities by reason of the exercise of our Religion, namely, for saying or hearing mass, for hearing or making Confession, for giving or receiving absolution; for keeping a Priest; for Preaching of the Word of God; or administering the Sacraments. Item that the High Commission Court, and abuses of excommunication in the Article, &c. should be taken away; that the catholics may suy their Liveris and Ouster less mains, upon taking the Oath of Allegiance onely. And this was the answer then given by the Lord Marques to our first Proposition above mentioned n. 6. and red 14. Augusti. 1645. in the Assembly then held at Kilkenny: which, though it was far better than the answer given to the said proposition in this first Article of Peace, well nigh twelve moneths after, yet was it then rejected by the Assembly, chiefly because therein was no mention made of Churches, Churchlivings, or spiritual jurisdiction. Now what power our council or Committees had from the Assembly to conclude a Peace( even then when we were in a better posture, than ever) upon worse conditions than those, which were offered unto us, when wee were not in half so good a posture, I have not red in the journals, either of that or the following Assembly. To tell us, they relied on Glamorgans Articles, is frivolous, as you shall hear in the third paragraph. Wee could wish they did indeed rely constantly& resolutely, thereupon then should we little need such frequent, tedious, and chargeable recourse to Dublin, to make a new Peace with them, who had less power, than Glamorgan. If they laboured so much to preserve Religion, King, and country, as they laboured to preserve them, whose courses they saw, were directed, to destroy Religion, King, and country, they should, and lawfully might, by virtue of Glamorgans commission proceed against them with as much violence and hostility, as ever they proceeded against Scot or Parliament.  
9. On the 25. of August, 1645. the Peace was concluded with Clamorgan; the conditions thereof were upon oath to be be kept secret, least the publication should prove prejudicial to His majesty, who had no less cause to fear his own bosom friends at home and in Dublin, than he had to fear the Parliament and the Scot. The seal of secrecy being broken, and all things revealed to the Marques of Ormond by some( as is suspected) of our own council or commits( though it be fathered on others) he, who of all others should keep such matters secret, published the same to the whole world. The Marques, Lord Digbie and others join their heads together: 
Psal. 2.2.  convenerunt in unum adversus Dominum& adversus Christum, 
2 Reg. 3.27.  eius. The Marques solemnly invites Glamorgan to keep Christmas in Dublin.( seorsim adduxit Abnerem joab ad medium portae, ut loqueretur ei in dolo.) Where he is entertained with close imprisonment in the Castle. The Emulous of Corrivals and enemies of religion solicit the noble catholic to quit or surrender what power and Commission they then understood, he had from the King. He( knowing what other more ample power he had, which came not unto their knowledge, and fearing to come unto the Parliament-clawes) surrenders that power or commission, they knew he had; yet had not that surrender procured his liberty, were it not that the catholic confederates resolved to purchase it by their arms and blood.  
10. The emulous are ever suspicious, and the ambitious never secure. They observed Glamorgan after his release to prosecute his Commission with the confederates, and preparations made by the catholics to succour His majesty, wherefore another mean is excogitated; 
Revocation of Glamorgans Commission.  to wit an instrument of revocation of Glamorgans power is framed( its said) in Dubliu, but dated at Oxford the 29. of january, 1645. which gave occasion to Noble Glamorgan and the kingdom to desist from the prosecution of their intended succours. The Marques being now freed from competency with any corrival, as he supposed( at videbis oemulum tuum in templo, 
2 Reg. 2.32.  in universis prosperis Israel) presseth on the conclusion of a peace by himself. A new Commission for a treaty is obtained 6. Martij 1645. from the new council, who were made, but four dayes before. The Articles of Peace( which were long before a moulding) are posted on, and delivered by the Viscount Muskery. 14. eiusdem, to M. Darcy, at eight of the clock at night, and signed and sealed only, the 28. of the same month, maugre the opposition of the Lord nuntius, the Lord Glamorgan, and the general Assembly held at Kilkenny the February before, as you shall hear more fully hereafter. With like opposition were the same Articles illegally DELIVERED in the Lord Marques his cabinet in the midnight of secrecy the 29. of july 1646. after the catholics trophies erected against their Enemies in ulster and Connaught, and after the known revocation of the Marques of Ormonds Commission by His Majesties aforesaid letter dated 11. weak, 1646. The officious proctors who were fellow-labourers in enhancing this Peace, are known to be such as lent thousands of pounds to the Marques of Ormond since these tumults, who are thought, to hazard their Religion to secure their moneys! How such kind of CREATVRES have crept into our council and Committees, the world hath admired. Some Arguses have observed, that matters of secrecy, which concerned the King, if they trenched on Ormond, were revealed; other secrecy which concerned Ormond, though they touched Religion, King and country, were kept with as much privacy, as the things contained in the book of the seven seals; 
Apoc. 5.1.  whence they infer that our people intention was not so purely for Religion, King and country, as for flesh and blood.  
11. Our Committee, to excuse themselves, impose the fault on the Marques, affirming, that whensoever they demanded any of those first promised conditions, 
Sup. n. 8.  he always thwarted their demand by some contrary proposition: for example, when they demanded the free exercise of their Religion, according to his own overture in public assembly, he answered; you shall indeed, but not in Churches. When they demanded the repeal of the penal laves made against the catholics; he returned this frivolous answer, that such repeal could not be, granted, without the repeal of the penal laws made against the Protestants also; whereby they were obliged to hear or read the book of Common Prayer in Churches, whereunto he would not condescend; tacitly intimating thereby, that he resolved in oportune time to deprive us of our Churches. If such sly evasions were reply-worthy, it might be asked, what connexion is there between the penal laws made against the catholics and those made against the Protestants, that the one can not be repealed without the other? are not the laws, the branches and members thereof distinct? If there were no Churches in rerum natura, would the Protestants incur the penalties of the law, if( in that case) they read not the book of Common Prayer in Churches? or if their devotion be so siry, as they will needs read their profane service in Churches; why build they not Churches for themselves? or why might not a kitchen, or stable serve them for a Church, and a tub for a pulpit, as it serves their zealous brethren in England, but needs they must prey on the catholic Churches? why do they not renounce the Popish Churches and Church-livings, as they renounce the Popish doctrine and regular discipline? whence sprung this late hatched zeal in those Sect-masters, who in one year demolished or profaned ten thousand Churches, monasteries and Sancturies? some are of opinion( but I'll suspend my judgement) that such lukewarm Brethren should be assigned for the exercise of their devotion, such Churches as they may lay hold on in the Antipodes, or in Concavo Lunae, where they may be separated from the Tents of Israel, from the botch of popery, to speak in their dialect. That moves me to laughter, to see the fervour of the brethren of Dublin endeavouring to preserve the use and exercise of the book of Common Prayer, when as all Scotland, and all the Parliamentaries of England, and Ireland, have, even by the 
(a) Proclam. calling it back from Scotland, and declare. 29. januar. 1645. judic. 6.31.  kings own consent, rejected the same; and I believe the Marques himself hath( ere now) cast of his devotion to it, if he hath cast off his loyalty to his sovereign, as is said, he hath. Now when all the heretics of these three islands have rejected that Babill, must the catholics of Ireland preserve it, and become Vltores Baal?  
12. But I return from this small digression: whether shall wee applaud the Marques, for his zeal in defence of his abortive Sect, or reprehend our Committee for pusillanimity in defence of the catholic faith? whether shall wee accuse the Marques for recoiling from his solemn promise; or our Agents for transcending their Commission? the Marques for transgressing his Masters commands, or our Agents for contemning them? Lapis offensionis, Glamorgans articles, were thought to have been removed, and that gave occasion of Ormonds retrocession. But if neither honour to God, advance to Religion, security to sovereign, liberty to subject did result from this Peace? if neither necessity on our part, nor utility on the Kings part, no obligation of Law, did enforce this Peace, what reasonable motive could there be to induce our Agents to condescend thereunto? 
Gen. 37.27.  frater enim& caro nostra est. I am ashamed to speak what those of most integrity amongst that council and Committees have ingeniously confessed, that if they consented not to this fatal peace, they were like to have a rapture, or division among themselves, so powerful was the faction, even in our own bosom. If any motion were made in our council or Committees in the behalf of the Marques of Ormond, the 
* These are called by factionists the ill-affected of the council.  soundest part of either, dared not open their mouth against it, being assured, his opposition would be( notwithstanding all oath of secrecy) revealed in Dublin; So as the Marques was noted to have more power and authority in our council and Committees than he had in his own council in Dublin. What did we gain by joining with him, who had neither men, meate, money, or ammunition, but what he had from our own hands, and what should we loose by being at distance with him, who( notwithstanding the excessive impositions and excises taken up from those of his quarters these three yeares past) was as unable, as unwilling to use any act of hostility against the Kings enemies in this kingdom? 
1. Cor. 10.15.  Prudentibus loquor vos ipsi iudicate quod dico more elsewhere.   

§. 3. Whether Glamorgans Peace be either expressly, or implicitly included in this Peace?  
13. The Authors of this Peace have and do still confess, that this Peace in itself, as it's comprised in the 30. Articles signed and sealed 28. Martij, bringeth no security to Religion or country, but as it hath relation to Glamorgans Articles and other Concessions. I say( and I am persuaded every indifferent judgement will join in opinion with me) that this peace is so far from including either expressly or implicitly, Glamorgans Articles, or any other favours or graces already granted, as it rather renounceth and waveth the benefit of all, and relies wholly on future. That which we demanded in our first Proposition, 
First reason, that Glamorgans Peace is not in this included.  was a repeal of the penal laws, and free exercise of the catholic Religion. That which Glamorgan hath granted us is the same, together with the security of our Churches and Church-livings, &c. The self same, and what graces soeverels have been granted unto us, are those, which by the second branch of this Article our Committee hath consented, should be referred to his majesties gracious favour and further Concessions; and if this be not to wave the benefit of al graces already granted, I appeal unto all indifferent judgments. 
2. Reason.  See above n. 8. These following words in the same Article( the chief Governor for the time being SHALL cause whatsoever Shalbe further directed by His majesty to be passed in Parliament, &c.) manifestly convinceth, that reference to His majesty to have relation to the future, and not to the time past,& that the graces and concessions here referred to His majesty, are those which have been already granted, and by us waved: wherefore the Committee of treaty had deserved more thanks, if they entirely omitted that branch of the Articles, then any way to have expressed it. 
3. Reason.  Neither can the Word ( further) have relation to any other Concessions, than to the Concessions immediately mentioned in the same Article, namely the exemption frrom the oath of Supremacy.  
14. May not the world judge our Commissioners culpably negligent( to use no sharper language) who even then, when our Armies triumphed in the field, and took in many garrisons) would leave an Article of such high concernment, to the interpretation, 
4. Reason.  exposition, and construction of our sworn Enemies. Wee have on the one side excluded ourselves by the second Article of this Peace from moving any thing to be past the next Parliament, but what here is expressly agreed upon; and on the other side wee have left it free unto the Lord Marques and his Successors, to propound or conclude such other things, as he or they shall think fit for the advancement of His majesties service, and the Peace of the kingdom, which clause is to adm it no construction, 
5. Reason.  which may trench upon these Articles, or any of them; Now in case the Lord Lieutenant shall expound in the next Parliament his own meaning, and declare in plain terms, that it was never his intention to give us any allowance of Glamorgans articles, what shall become of the Confederate catholics, 
6. Reason.  or of the private intention of our Commissioners? nay the Marques of Ormond will appeal to our Commissioners own conscience, whether he did not often admonish them, as well by himself, as by Sir George Hamilton, and colonel Barry, that he would never give consent, that the Articles of Glamorgan should pass or take effect in Parliament. Yea the Supreme council itself, 
7. Reason.  as appeareth by their letters unto the Lord nuntius, dated at Limmericke, the first of june, manifested their resolution to publish Ormonds peace, 
The council would not print or publish Glamergans Concessions.  which they shortly expected, and not to publish Glamorgans; and this was cloaked with a specious pretext, that such suppression of Glamorgans peace was in maius Catholicae Religionis bonum; whereas it is well known, they suppressed the same, because the Marques of Ormond did resolve to set forth a public protestation in print against them and that Peace, in case they did publish the same. Neither had Glamorgans Peace been either printed or published to this day, had not the clergy by their five Propositions sent unto the council from Waterford to Kilkenny, enforced them thereunto. And though they were thereupon printed( to decline the just complaints and exclamations of the people) yet was the publication of them forthwith suppressed, as much as in them lay. 
8. Reason. Witnesses present are appealed unto.  The Lord Digby( among others) was an eye-witnesse of the signing and sealing of these Articles of Peace; and he was so far from acknowledging, that by those further Concessions mentioned in this second branch of the Articles, either of both parties( the Marques or our Committee) intended Glamorgans Articles, as afterwards going into France, he publicly declared upon his honour, that the Irish were pleased to renounce the benefit of Glamorgans Peace, which he would never presume to do, were he not certain of our Committees resolution, when they signed and sealed the Peace. And least this Noble witness should be suspected, we pray the Reader to satisfy his own conscience in this particular, by conferring upon opportunity with Sir Morish Eustace, Doctor fennel, the Marques Clanrichard, the Lord Taffe, Monsieur du Molin, daniel O neal, the earl of Roscomman, y Lord Dillon, colonel Trafford, and George Lane, or either of them, who were present at the signing or delivery of the Articles of Peace, who will declare the truth of this business, whether ever our Committee of the treaty did once move the Lord Marques or signify unto him in the presence of any of these witnesses, before they signed or delivered these Articles, that by these words ( further Concessions) they intended to have the benefit of Glamorgans Articles. True it is, that after all things were accomplished, they moved the Marques thereof, who flatly  told them he never meaned to allow or approve by those words Glamorgans Articles: notwithstanding all which, our council, Committees and Agents delude the kingdom, that Glamorgans Articles are included in this Peace.  
15. Yea, but there is a power( say our Committees) left in the late Supreme council to convocate a general Assembly and to cause the kingdom to resume arms in case the bill to be presented to the Parliament for confirmation of Glamorgans Articles, 
The Committees excuse frivolous.  be not permitted to pass. These are old Adams garments made of fig-leaves to cover the enormity of the crime; for neither is there any such power left them by the Articles of Ormonds Peace,( which alone can bind him, and the future Parliament, to pass the bill) neither have I red of any Act of Assembly, which gives them any such power; And is it not( think you) a faire time to resume arms, when the enemy is put in possession of our towns, Garrisons, Forts and other holts by our own selves, and the command of our Armies, magazines, and shipping, given unto him? By what right may wee resume arms against him or any other for not consenting to the confirmation of Glamorgans Articles by Parliament, seeing neither he, nor any for him, was ever obliged thereunto? How do those men think, they shall be then able to take arms against him or any of other; when their Armies, Command, and Government are in their enemies obedience, and his power thereby much augmented, seing that they themselves confess, they are not able now to take arms against him, when Armies, Command, and Government are in their own hands, and their power stronger than ever, its like to be. Wee should then indeed be Rebells, who were ever good Subject before, and take arms against that Peace, which we ourselves under hand and seal concluded.  
16. If beelzeebub princeps daemoniorum, 
How mischievous this branch is.  were to invent a stratagem to shut up the sluices of his Majesties bounty from granting us any graces or further Concessions, he could never invent a more wicked, then this: for if His majesty be once informed that wee have already accepted such base conditions, he cannot with honour or security grant us better, or if he were disposed to grant us better, if they came not before the next November( when the Parliament was to sit) they would prove little useful unto us, seeing they could not be confirmed by that Parliament: or if they came before the sitting of the Parliament, they might peradventure come, into the hands of such Hucksters, as would suppress the same, as those letters of His Majesties were, which were dated the 27. of February 1644. Nay though they were come timely unto the hands of the catholics, yet could they avail us nothing, seeing nothing is to pass in that Parliament, but what is included in these Articles, as appeareth by the second Article of this Peace. And what greater honour could his Excellency get from King and Parliament, than to have concluded a peace( and that without blows) more advantageous for the new deformed Church, than either King or Parliament of themselves could do; or what greater dishonour could the catholic confederates get among foreign Princes and prelates, than to have concluded a Peace with a Protestant or Puritan subject on more base conditions, than they might conclude with a catholic subject of the greatest extraction in England, authorised by His majesty in the greatest trust and confidence. Yea, to accept of a worse peace from the subject, than they might have had from their Prince. This was to hazard the Prince and to ingratiat the subject with the Prince his enemies.  
17. I am persuaded, if we had so much assisted the Parliament, and given them as large contributions, as wee have done to Ormond, we should obtain better conditions from them, if wee held it not disloyalty to treat with such Rebells. Yet suppose wee were driven to resume arms, would it not presently follow, that we should be first deprived of what petty favours are granted by these Articles, then indicted, and inquisitions taken on gentlemens lands; afterward all the calamity that could befall one nation, should be heaped on us. And being thus strip'd from our arms, Ammunition, Shipping, Government and Command, wee should be left desolate, and as Lambs exposed to the jaws of those wolves, who have vowed the destruction of us and our Religion. In vain should wee then expect succours from foreign catholic Princes or prelates, who having observed our tergiversation in the cause of God by yielding to a Peace no way answerable to our first resolutions, would let us sink in our own misery without their aid or arms; and proclaim unto the world( as already some have done) one Butler hath intexicated all the Confederate catholics in Ireland. And this is all the benefit we should gain by this desperate resumption of arms. Certes were the contrivers of this Peace to purchase a piece of land for themselves and their heires, they had been more careful to provide and perfect sure and valide instruments to secure such lands, than they have been to provide and perfect sure and valid instruments for the securing of Gods Church and this distressed Nation. 
Psal. 48.12.  Vocaverunt nomina sua in terris suis. They observed the validity of Glamorgans Peace to be questioned: they should therefore provide more strings than one to there bow? and cause those Articles to pass in Parliament with these; or never consent to a Peace. 
Eccl. 4.12.  Funiculus triplex difficile rumpitur.   

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

§. 5. The labyrinth of calamities wherein the catholics are like to be involved by the continuance of the penal laws in force.  
19. THese calamities are in some sort decyphred by our own Lawyers, even by such as were authors of this peace, in these words. By one Statute found among the Records of Parliament of this kingdom in the second year of the reign of the late queen Elizabeth cap. 
See Propositions and Answers printed at Waterford 1644. pag. 50.  1.& 2. the said catholics are made subject to the arbitrary power of an high Commission Court, or other Commissioners to be appointed by His majesty, or the Lord deputy for the time being, and may be questioned, and punished for all offences touching Religion. Irish statutes fol. 261. likewise fol. 270. and 271. the Archbishops, Bishops, and Ordinaries of another Religion have heavily punished, and may still punish the said catholics for Marriages, Christenings, done according to the catholic Religion, and every catholic was driven to pay nine pence every Sunday for not repairing to Church, to the great impoverishment and destruction of the said catholics, and no profit at all to His majesty.  
By the said Statute, fol. 261. and 262. not onely the catholic clergy, are excluded from all dignities and benefice ecclesiastical, but likewise the catholic levy of all degrees and qualities, are rendered incapable of all Civill offices, from the highest judge to the petty Constable, and likewise from Martiall offices or employments, even to be a common soldier in His majesties Army, where any fee or wages are due, without first taking the Oath of supremacy; and upon refusal of the said Oath, all dignities, offices, or wages are forfeited.  
No catholic can sue livery or Ousterle main for his estate or any part thereof out of His majesties hands without taking the said Oath by the same Statute of 2. Elizabeth. cap. 1. fol. 265. a. If any catholic of what estate, degree, or quality soever within this kingdom do by writing, printing, teaching, preaching, express words, deed or act, affirm, hold, stand with, set forth, and maintain any other authority, pre-eminence, power, or jurisdiction in matters ecclesiastical or spiritual; then the person so offending, his abettors, aiders, promovers, and counsellors, shall for the first offence, forfeit their goods and Leases, and suffer imprisonment for one year; for the second offence, incur the pains and forfeitures set down by the Statutes of Provision and Praemunire, whereby the offender is put out of the Kings protection, imprisoned during his life, and his goods and lands forfeited: For the third offence, the offender is punishable, as in case of high Treason.  
Then by consequence, if any of the catholic levy take or procure a dispensation for marriage within the eight degree, or any other licence or dispensation from any authorized by the See of Rome, is a principal offender, and if he hears the mass or Sermon of any deriving power from thence, and keep him in his house, he is punishable as an ayder and abetter within the words of the Statute, he knwing that whereof he cannot be ignorant by the rules of his profession.  
See the Irish Statut of 28. Hen. 8. c. 2. pag. 90. 91. where marriages contracted within the degrees prohibited by the levitical Law, are declared indispensible and invalid, and the issue of such marriages illegitimate which is to follow judaism, and renounce christianism, and to hazard the estate of many catholics, under pretext of bastardy.  
20. Bolton in his Iustice of Peace, 
Pag. 22.  doth register among the Articles to be inquired of by the grand-Iury, as an offence the hearing of mass: for the first offence( for hearing mass) the catholic is to be finded a hundred marks; for the second four hundred marks; for the third the forfeiture of goods and perpetual imprisonment. Item the purchasing of any provision, Bull, 
Pag. 9.  or other process from the Court of Rome: the obeying of any such process procured from Rome: the prosecuting of any cause in any ecclesiastical Court, which originally belongeth to the Kings temporal Court, is punished by the Statut of PRAEMVNIRE and forfeiture of lands, goods, and chattels, and perpetual imprisonment. Item, 
Pag. 16.  depraving the book of Common prayer by word or by writing, or using any other Common prayer, or administration of Sacraments, than is prescribed in that book, punishable for the first offence the profits of all the offenders, spiritual promotions, and six moneths imprisonment; for the second offence, deprivation, and a yeares imprisonment; for the third time, imprisonment during life, and deprivation in spiritual persons, &c. See much more in the same Articles to be enquired of by the grand-Iury, 
Pag. 3.  wherein also it is declared a crime of high treason to take the name of O neal, or any thing by colour of that name or dignity. Yet we hope by their loyal service to His majesty in these warres of Ireland, that name will prove more faithful to the crown of England, then all the Parliamentary roundheads in the three kingdoms.  
21. The wearing of Irish apparel and not using the English, 
Pag. 18.  habit and language is there also laid down as a heinous offence inquirable by the grand-Iury: the punishment for every Lord spiritual and temporal wearing Irish apparel, or speaking Irish is 6. l. 13. s. 4. d. for every Knight and Esquire 40. s. for every gentleman or merchant 20. s. for every freeholder and yeoman 10. s. for every husband-man 6. s. 8. d. and for all others 3. s. 4. d. The Author of that Iustice of Peace hath been heard to have uttered in the Assizes held at Kilmainam not long before these distempers, these words sirting at the bench: I hope to see the day, and that ere long, that there shall be loft no man in Ireland that shall speak Irish: far be it from any Irish catholic to render Legem Talionis, to wit, by wishing to see that day, that no man should be in Ireland that spoken English or wear English apparel. How ever the heresy lately spread in England hath sowed the seed of division between both nations, yet shall that tradition of antiquity be ever verified in the catholic Irish: Gens innocua& amicissima Anglorum. 
Bed. hist. Anglic.& alij hist. Ang.  Vt vincant in bono malum.  
20. What was wanting of cruelty in the penal laws established in Ireland for punishing of catholics, hath been supplied by unwarrantable ACTS OF STATE and severe EDICTS set forth by the ministers of iniquity in Ireland against the distressed Irish catholics. And wee have seen( so have thousands more) venerable Priests brought into the Castle-Chrmber of Dublin, and there deeply censured for exercising of their function, in the Conversion of souls unto the faith of Christ; others brought into the Kings Bench for marrying a couple, between whom there was no canonical impediment: others brought into the High-Commission Court, for other imaginary offences, where the rule of law was no other, than the arbitrary exorbitant power of two dissolute Ministers. much more I here omit, reserving the same for its proper place. I conclude this Article( wherein I have spent more time, than I expected) which the sweet saying of the Doctor of Nations. 
Heb. 10.32.33.  Call to mind( my beloved countrymen) the old dayes; wherein being illuminated, you sustained a great Conflict of passions: and on the one part, certes by reproaches and tribulations made a spectacle: and on the other part, &c. you took with ioy the spoil of your own goods, knowing that you have a better and a permanent substance: and know: manet alta mente repostum; if your Enemies once again fetter you in the shacles of servitude, they will( like the egyptians) multiply your labours, and aggravat your punishments. Be not slaves; you were born a free Nation. look not back with the Israelits on the flesh-pots of egypt, least you partake of their punishment. That these forementioned penalties have been DEFACTO inflicted on ye; the racks and prisons can witness; but whether they ought to be DE IVRE by virtue of the Statut of 2. Elizab. shall be elsewhere questioned: That our adversaries resolve to put in execution against you the like penalties hereafter, if ever they have power, is evident by the Marques his falling back in this Peace from those very Concessions, which he once granted in public assembly, whereof above number. 8. And out of our observations on this Article onely, the impartial Reader may give sentence, whether the foresaid peace be not destructive to the catholic faith, disadvantageous to His majesty, pernicious to His catholic subiects, and favourable to heretics, as in the frontispiece of this Survey we avouched?   

§. 6. Observations upon the second Article of the Peace.  
1. IN our second Proposition wee humbly prayed that His majesty would be pleased to call a free Parliament, &c. and poinings Act suspended during that Parliament, 
The suspension of Poynigs Act Law granted by the King, denied by the subject.  for the speedy settlement of the present affairs, and the repeal thereof to be there further considered of. His majesty by His letters of the 27. of February above mentioned condescendeth in particular to the suspension of poinings Act, and by his answer to this our second proposition is pleased that a free Parliament be called upon without giving to His Lieutenant or other chief governor a boundless liberty to present to the same Parliament such other things, as he shall think fit to propound over and above the points and Articles by the present Peace concluded. In opposition( as it should seem) to those Princely favours it is concluded in this Article, that all matters agreed on by these present Articles to be passed in Parliament, shall be transmitted into England, according the usual form to be passed in the said Parliament. And that the said ACTS TO BE agreed on, and so TO BE passed shall receive no alteration or diminution here or in England. In which sentence two things are included; MATTERS already agreed on, by these Articles; and ACTS not yet, but TO BE agreed on. The later onely are to be passed in Parliament without alteration or diminution: And what they shall be, which shall be agreed on, no man knows, unless we conjecture them to be such Articles, as the chief governor shall at his own liberty propound. The former, to wit, matters already agreed on by these Articles of Peace, as they are to be transmitted into England, so are they subject to alteration and diminution. What then will this specious Peace avail us? In the later part it is said, the said Acts to be agreed on, and yet in that article he speaketh not of Acts before, which renders that sentence nugatorie and illusorie. 
Psal. 11.3.  In cord& cord locuti sunt.  
2. Its provided, that nothing shall bee concluded in Parliament prejudicial to the Protestant or catholic party, or their adherents; other then such things, as upon this treaty SHALL BE concluded to be done. How then shall the Confederate catholics obtain the benefit of Glamorgans Concessions, or of any other graces or further concessions,( whereunto the catholics are referred) seeing they are not concluded upon in this treaty? Here the catholic confederates mouths are shut up, and their hands are bound up; but the Lieutenant or other chief Governor, is left to his liberty, to propound to either or both houses during the said Parliament what he shall think fit, for the advancement of His majesties service, and the Peace of the kingdom, which clause is to admit no construction which may trench upon these Articles or any of them. What then shall become of our Commissioners desperate construction, trenching upon these Articles, by intrusion of Glamorgans Articles contrary to the express resolution of the Lord Lieutenant? And if the Lord Lieutenant, according to the power given him by the second article will propound to the Parliament, that Glamorgans Articles, nor any other Concessions, not here expressly and actually agreed upon, shall ever be admitted: how will our zealous Commissioners get off?  
3. Wheresore by this second Article of the Peace two insupportable injuries have been offered unto the Parliaments of this kingdom, and unto the liberties of the whole nation: the one is, the not repealing, or( at least) suspension of poinings act; the other is, the giving of such exorbitant power unto any chief governor,( a subject) to propound, and in propounding to conclude by Parliament what Act he think sit to propound, so as it carry any show of advancement of His Majesties service, or Peace of the kingdom. 
10. Hen. 7. c. 4. pag. 55.56. Irish statutes.  The substance of poinings Act is, that no Parliament be held in Ireland, but at such season, as the Kings Lieutenant and Conunsaile there first do certify the king under the great seal of that land the causes and Considerations, and all such Acts as them seemeth should pass in the same Parliament, and such causes, considerations and Acts affirmed by the king and His counsel to be good& expedient for that land, and His licence thereupon, as well in affirmation of the said Causes and Acts, as to summon the said Parliament under His great seal of England had and obtained; that done a Parliament to be had and holden after the form and effect afore rehearsed, &c. By this Act every mean judgement may observe, that there is neither liberty, power or authority left in any the Parliaments of Ireland: not liberty, because they can treat of nothing, but what is determined and limited unto them by the Kings Lieutenant and council in Ireland, and by the King himself and his council in England: not power or authority; because, in very dead, its not our Parliament, but our King himself, his Lieutenant, and both the Councells, which conclude( as they determine) all Acts past in that Parliament. So as our Parliaments, while this Act hath force, have onely the name and title of a Parliament, but in effect is no true Parliament; and the Acts so past in that Parliament, may be rather called Acts of State of the privy council of England and Ireland, than Acts of Parliament of the whole kingdom of Ireland.  
4. 
Why poinings act at first past.  The reason wherefore Ireland yielded unto this Act in the dayes of Henry the seventh, was( as I am informed by the learned in the laws of this kingdom) that some chief Governors here ruling for our Kings, assumed unto themselves too great power, and endeavoured to pass in Parliament Acts conducing to their own ends and interests, but burdensome to the whole kingdom; which caused the subject to shrowded himself under the wings of his Prince, who might moderate the excesses of such chief Governors. Now by this second Article of Peace, that exorbitancy of chief Governors, which the kingdom, then endeavoured to prevent by condescending to poinings act, is not onely countenanced, but by article in the whole kingdoms name established, and withall poinings act( which in these dayes of heresy is a more heavy grievance, than the other) is continued in its full force and vigour: Ormond( as chief governor is licensed( yea, in a manner authorised) to propound and conclude what he please in our Parliament;& poinings act observed; because what Bills must pass in Parliament must be transmitted into England, according the usual form. This maketh strongly for the justification of the Clergies decree of perjury against such, as herein violated that branch of the oath of Association obliging them to maintain& defend the privileges,& just rights of the Parliaments of Ireland.  
5. Our learned Lawyers( I mean such, as elaborated this Peace) tell us, it was always doubted, whether the repeal of poinings Act would prove profitable or prejudicial to the Couuntrey. And wee tell them, its one thing to speak of the repeal of poinings act, and another thing to speak of the suspension thereof for the present time: the first was absolutely demanded by us in our declaration set forth in the year 1642. the later absolutely demanded, as well in our grievances presented to His majesty 17. March, 1642. as in our second proposition, where the whole kingdom declared that the present suspension of poinings act conduced to the speedy settlement of the affairs of the kingdom. I could wish our Committees did herein follow their Commission; 
Rom. 12.3.  and not to be more wise then behoveth, but to be wise to sobriety: Our forefathers( 28. Hen. 8. c. 4. and 11. Elizabethae) held the suspension of poinings act very necessary and profitable to the kingdom: I know not of any infused science our Committees have had in this particular, more than the whole kingdom then and now. Our sovereign held it a grace and favour to grant it us, and we to receive it from him. Our Committee to comply with one subject, reject the Kings graces, and transgress the commission given them by the whole kingdom. Multum erigimini filii Levi. It is thought, 
Numb. 16, 7,  they( by virtue of the Kings letter 27. February 1644. whereby he granted the suspension of poinings act) might pass an act in the present dismembered Parliament at Dublin, that in the future Parliament, poinings act should be suspended; and so the delay prevented, which our Committee pretend they feared.  
6. Is there any man, that desires the security of the catholic Religion, and liberty of his country, that will not confidently affirm, that the absolute repeal of that act in these times of heresy is most necessary, as well for the catholics of Ireland, as for the whole kingdom? Put the case, wee were now( as indeed we are, and ought to be) of a resolution to establish and secure the catholic faith against those enraging Wolves who endeavour to abolish both Religion and sovereignty; is it possible that wee shall be ever able to compass the same, while poinings act hath force or vigour; when as by that act, wee must first have the consent of the Lieutenant and council of Ireland( who have sworn to destroy the catholic Religion) and after the consent of the King and council in England( who endeavour to maintain the Protestant profession) before any thing can be enacted or established by Act of Parliament in this kingdom, for establishing or securing the same catholic Religion. Whereas if poinings act were repealed, and a free Parliament, suitable to the nature of true Parliaments, and liberties of a free Nation, were granted unto us; we should not only be enabled to pass Acts in the name of the whole kingdom to secure our Religion, but also to assist our sovereign, and to kerb the insolency of those rebellious subjects, who labour to destroy both.  
7. I have ever admired how the acts of 2. Eliz. 
How the penal laws past in Ireland. 2. Eliz. Histor. Cathol. Hiber. to. 4. l. 2. pag. 251.  and the penal laws against the catholic Religion could pass in Parliament in this catholic kingdom, where there were then ten catholics for one heretic. By conference with a learned Lawyer( one well seen in these affairs) and by reading some histories, I found indeed that such acts past in Ireland by faction, fraud, and violence. 2. Elizabethae, the Parliament in Dublin on May-eve, was prorogued until the next day after May-day, and accordingly the members of the Parliament advertised not to appear until then; interim the heretic party( though few in number, but powerful by the deputy, who was of their Sect and faction) privately Summon all such, as by faction, fraud, or delusorie promise, they could draw on their side, to appear on May-day in the morning at the Parliament-house, they corrupt the Speaker, who was Mr. Stanihurst of Corduffe, then Recorder of Dublin; and prepare the bills for the establishing of those penal laws; which being three times red, they thought to pass as an act of Parliament. The catholic and uncorrupt members having notice thereof throng in all hast to the Parliament: among them Sir edmond Butler drawing his sword questioned with zeal and magnanimity such sinister and damnable practices; and so great tumults were raised, as the deputy himself was forced to interpose his authority, which could little avail, had he not solemnly& publicly sworn, BY THE crown OF ENGLAND, that no such acts should ever pass, or be admitted as an act of Parliament in this kingdom: and accordingly, during the following yeares of the reign of Elizabeth,( which were upwards of forty two yeares) and until the tenth year of king james, these supposed penal laws lay dormant, and were never put in execution, which by the Law of prescription, was a sufficient nullity and antiquation of such Acts, if before( by hook or crooke, fraud or violence) they were of any force or effect. By that time those witnesses and members of the Parliament, who were present at these treacherous proceedings being dead, the Persecutors of catholic Religion make use of those illegal, lawless laws, and endeavour to put them in execution. The kingdom by their Agents in England inform His majesty of such corrupt proceedings, and when the king urged them to receive for a law, those Acts of queen Elizabeth, Sir Christopher Nugent knight, one of our Agents,  told His majesty, that though such laws past in England, yet they never past in Ireland, but in the fraudulent manner above mentioned. Neither did the queen herself ever urge the same upon the Irish. 
Hist. Cathol. supra.  The Pseudo-Bishop of Cauterbury, the chancellor and cook press the Committall of our Agent; and that was all the redress the kingdom of Ireland then had, for this notorious injury. Whereby the Reader may observe, what little need the catholics of Ireland had to demand, and what less reason their Adversaries had to deny, a repeal of such penal laws, as in themselves were indeed no true laws, but forged, surreptitious Placits of heretic Subjects; whose impudence is raised to that height, that as then they suppressed the Subject, so now they suppress their sovereign. And as then some catholics were drawn by affection, hope of promotion, and other by-ways, to consent to laws against themselves and their Religion; So now have some catholics been drawn to consent to this wicked peace. 
luke. 16. ●.  filii huius seculi prudentiores filijs lucis in generatione suâ sunt. Much more I reserve for other places.   

§. 7. Observations on the third Article.  
8. WE demanded in our third proposition, that all acts and ordinances made in the now pretended Parliament in Dublin, since the seventh of August, 1641. should be clearly annulled; because the power thereof was determined upon the death of deputy Wansford. Answer is returned, that all acts made by that Parliament to the blemish, dishonour, or prejudice of the catholics should be vacated. This answer is not satisfactory; for if in very dead it appear, that that Parliament was no true Parliament, and that they proceeded without lawful power, why should such an exorbitant crime escape scotfree. In this dismembered Parliament, there sate not a dozen, that were natives of the kingdom: by what justice then should such a conventicle be called be called, the Parliament of Ireland, and be thought to have power to give laws to a whole kingdom? It consisted of a small number( not so many as petty corporat towns are wont to have in their assemblies) and those forrenners, the dregs of the vulgar, illegally returned, when the peers of the realm, the gentry and Commons absented themselves by occasion of these present distempers. This imaginary Parliament( by what power, who knows) quit& dismissed, many of principal Iudges of the crime of high treason, wherewith they were impeached by the whole kingdom of Ireland in a full and lawful Parliament, without ever bringing them to their trial; a prerogative a Prince doth seldom assume to himself. It declared also by a special ordinance of both houses against the law of the land, and the practise of Parliaments, that all catholics should be excluded from being members of Parliaments; whereas by the ancient fundamental laws of the kingdom they themselves( as the Confessed Generation of the 
* 2. Hen. 5.7. Parliam. 1.5. R. 2. c. 1. stat. yet.  Lollard heretics) are so far from being capable to be members of any Parliament, as they are incapable of any office, power, or jurisdiction. In sentemcing the distressed catholics in Dublin, and elsewhere in polling, Inimici ceasing and pressing them, it hath been impious and unjust. nostri sunt judices. 
Deut. 32.31.    

§. 8. Observations on the third and fourth Article.  
9. BY the third Article, all acts, ordinances and orders made by both or either houses of Parliament( in Dublin) to the blemish, dishonour or prejudice of the catholics, since the seventh of August, 1641. SHALL BE VACATED, and that the same, and all exemplifications, and other acts, which may continue the memory of them be made voided by Act of Parliament. Here the vacating and making voided of such acts, &c. are de futuro( they SHALL BE VACATED) nothing immediately and upon perfection of these Articles. But by what Parliament SHALL such Acts be vacated? By the next Parliament, whereof the Confederate catholics are to be members, it may not be; because among those Acts to be vacated; there is one act of both houses hindering all catholics to sit in Parliament; before then they be capable to sit in that Parliament that impediment must be taken away; by both or either houses of Parliament in Dublin it may not also be; because no act of theirs to be esteemed an Act of Parliament without the assent royal, which they have not, and by this third Article nothing can make voided or vacat such acts, but an act of Parliament. Neither may it satisfy the confederates that all such acts SHALL BE vacated and made voided; for though that were done, yet the Records ( though ever so unwarrantable) remaining still in the public archives, the memory of such blemishes, dishonour and prejudice must also remain in future ages. What other remedy is there left to take away, even the memory of such blemishes,& c? If our Lawyers can find us out no better, let all the foresaid acts, ordinances, and orders be taken from the file, and, 
Iosue. 7.25.  as Achans anathema, consumed by fire. Others would add, that the execution should be done ( in poenam delicti) by the hands of the public Bourreau or Hang-man: more num. 10.  
10. By the fourth article, His majesty was pleased to vacate all indictments, attainders, outlawries, &c. all Patents, grants, leases, Custodiums, recognisances, &c. all offices and Inquisitions taken against the catholics since the foresaid seventh day of August, 1641. and at furthest before the first day of October, 1646. The first and last day of October is over, and yet we hear not, that any part of this article is performed: they should not be forgetful, at least, of those that were Authors of, and Adherers to the Peace, especially of those Noble personages, who are here in restraint for their cause, who have greater reason to fear the indictments made against them in Dublin, and the inquisitions taken on their lands, than to fear the friendly chastisement of their fellow confederates. Yet the sole vacating of such indictments would not satisfy the Confederate catholics, unless they were taken from the file, and consumed also by fire, as an Anathema; and that the rather, for that the Authors, Contrivers, and Promoters of such Indictements, Inquisitions, &c. were known Parliamentaries, who notwithstanding their infamous revolt from the King, presumed to make use of the Kings Name in indicting His faithful subjects, and taking offices on their lands, not for His Majesties use, but for the Parliaments use, who by a presumption suitable to their rebellion made sale of their fellow-subjects lands unto London undertakers, to wage war against their sovereign. I here resolved to give a fraternal reprehension unto the Confederate catholics, because they neglected( after establishing all sorts of Courts within their Quarters) to indicte all those parliamentary Rebells of Dublin, Yoghell, and other places of Ireland, and to take offices on their lands for His Majesties advantage, seing the catholics had more power to draw such indictements and take such offices against the Parliamentaries, than the Parliamentaries had to make indictements or take offices against them, but that an honest Lawyer assured me that our Iudges of assize had carefully made up a catalogue of the names of those Parliamentaries,& were ready to indict them in His Majesties behalf, had not our late Supreme council given impediment thereunto. 
Mich. 7.6.  Inimici hoins domestici eius. I pass by the fift and sixth article, leaving to our Lawyers to inform the estated Gentlemen of the Counteis of Kilkenny and Wicklow, why they are not secured of their lands, as well as those of Connaght, Thomond, Tipperarie, &c.   

§. 9. Observations on the seventh Article.  
11. WE demanded in our seventh Proposition, that all marks of Incapacities imposed upon the Natives to purchase or acquire lands, leases, offices or hereditaments be taken away by act of Parliament, &c. This we urged, because in all or most Letters-Patents granted of plantation-lands, and some other lands, certain clauses were inserted, that no land should be sold or past to any of the mere Irish, or of the Irish Nation, &c. To redress this unnatural grievance grounded in hatred towards this Nation nothing by this article is particularly or solidly granted, onely It is agreed that all Incapacities( generally) imposed upon the Natives( as Natives) by any act of Parliament, Provisoes in Patents or otherwise, be taken away by act to be passed in the said Parliament. What Parliament is here understood, when the article saith ( to be passed in the said Parliament) no man can tell; seeing in the article there is no mention made of any other Parliament, but of the Parliament, which laid Incapacities upon us, by which Parliament( being long since past) its impossible the same incapacities be taken away. But such delusorie locutions and destructive particles are too frequent in these confused articles Yet if by ( the said Parliament) you would understand the future Parliament; all power in that Parliament to take away Incapacities is hindered by our own consent, who have referred unto His Majesties future favour( and not to any Parliament) the taking away of such Incapacities, as is observed on the second Branch of the first article. The reduplicative particle ( as Natives) is subject to a malign interpretation, to wit, that the Irish( as Natives) not ( as catholics) are exempted from all Incapacities, which( may seem) to have been purposely added, least it should cross the first Proviso of the first article, wherein ecclesiastics are not exempted from Incapacities.  
12. For the same cause also in the licence granted to catholics by this article to erect universities, they add this clause, that such universities be governed by such rules and orders, as His majesty shall appoint; which wee must expect to be no other, than those expressed above out of the Statut of 28. H. 8.13 debarring all catholic Churche-men to be promoted to benefice, particularly to the Chancellourship, or other dignities or degrees in univerfities, unless they take the oath of supremacy; so as all the fruit of our labour and expense in erecting universities( on such conditions) would be reaped by the Protestant or Puritan, who alone would be both superiors and Schollers in such universities, because they alone would swallow the oath of supremacy. An example hereof we have already in trinity college in Dublin, anciently called the abbey of all-hallowes or all-Saints, the chiefest means for erecting of which college was contributed by the catholics, in so much as the site, ambit, and lands thereof( which anciently belonged unto the Canon-Regulars of Augustins order) was bestowed for that use by the Citizens of Dublin, whose children notwithstanding cannot be there admitted, unless first they become heretics; which course they take with all the Natives of the kingdom. And in lieu of entertaining Natives in the same college they entertain forrens, be they of what profession soever, even Iewes, so they be not catholics: Congregatio taurorum in vaccis populorum, 
Psal. 67. ●●.  ut excludant eos qui probati sunt argento. Whole droves of the wiving ministery flock thether from other Countreyes to increase and mulriply. Whence it appeareth that the licence given by this article to the catholics to erect free-Schooles is to little purpose, seeing the Schollers may not be advanced in learning or admitted to take degrees without the oath of supremacy: neither doth this article take away the Statut of 12. Eliz. c. 1. interdicting any schoolmaster to teach in free-schooles, but English-men or of the English birth; which may be stowed among the rest of the Irish grievances.   

§. 10. Observations on the eight Article.  
13. WE demanded in our eight proposition, that the offices and places of Command, honour, profit, and trust be conferred on Roman catholic Natives. This demand we propounded more distinctly in our declaration printed in France 1642. thus; that all preferments, ecclesiastical, Civill and Martiall, should be conferred on the Natives, without distinction for Religion, &c. the same wee iterated in our Remonstrance to his majesty, complaining, that since the second year of queen Elizabeth we were made incapable of all places of honour or trust in Church or Commonwealth &c. Our younger Brethren put by all manner of employments in their Native country, and necessitated to live in ignorance or contempt at home, or to their great discomfort, and impoverishment of the land) to seek education and fortune abroad. These and many such, were the lamentable groans of the distressed Irish catholics, occasioned by those wretched, illegal statutes above mentioned. By plantations they have been cast out of their lands and livings; and least they should multiply in their own country, they are not suffered to be Cottiers on that very land, 
Exod. 1.10.  whereof they themselves were chief Lords. Come let us wisely oppress them, least perhaps they multiply, say the Pharaos of these times.  
13. By this article of Peace, all places of Command, honour, profit, and trust in His majesties Armies SHALL BE upon perfection of the Articles actually conferred upon the catholics. But the places of honour, &c. in the Civill Government SHALL BE conferred on catholics upon passing of the bills in these articles mentioned, in the next Parliament. Against this we say first, that the articles were perfected, and possession given to the 
* Kilkenny &c. when the Marques was called by them out of Dublin.  enemy, of the chief Cities belonging to the Confederate catholics by the late council, contrary to the trust imposed in them by the kingdom, and yet no such places as yet given to the catholics in the Kings ARMIES. Secondly, that as the places in ARMIFS were to be conferred on catholics immediately after perfecting of these Articles; so also were places in the CIVILL Government, if it pleased the Marques to stand to his own Concessions red in public assembly in August 1645. Peccatum peccavit jerusalem, 
Thren. 1.8.  propterea instabilis est. Thirdly, when this Parliament shall be, it is not possible for any man to know( say those very Agents, that were sent to Waterford, to treat with the Congregation in the behalf of the council and Committee) for( say they) in the Condition the King is now in, and while he is in the power of the Scots and Parliament of England, they will never permit the sending of a Commission for the settlement of a Parliament, but Contrariwise, they will procure the Kings letters and declarations against any pacification. Doth it not evidently follow by this very reasonalledged by the Contrivers of this peace, that as it is not possible to know, when this Parliament shall be; So is it not also possible to know, when the catholics shall be exempted from the oath of supremacy, when they shall be installed in places of the Civill Government; when they shall be freed from all other Incapacities, which hitherto slaved the catholic Natives of Ireland. Interim our entrusted Committees have already( as much as in them lay) delivered unto the enemy, the present possession of our Cities, Forts, and garrisons, together with the Command of all our armies by Sea and Land. 
Psal. 13.1,  Corrupti sunt,& abominabiles facti sunt in studijs suis. See observat. on the 25. art.  
14. Had our Enemies men, meate, moneys or ammunition, they would no more promise to confer upon the catholics immediately, upon perfection of these Articles places in the military Government, than they promised to confer upon them immediately places in the ecclesiastical or Civill Government. Yet to prevent the multitude of catholic Commanders in the Kings Armies( if we may so term them) it hath pleased the Marques of Ormond in the Catalogue of such Commanders, as he hath selected to give two or three places of great Command unto one Protestant or Round-head, least there should be vacant places left for catholic Commanders, in so much as no place was left in the Marques his list for our catholic chief Commanders, PRESTON, and O neal, whose famed is renowned in Europe for their prowess, and Martiall experience. four or five catholics onely are name in that Catalogue, who are known to have been( during these Commotions) Neutralls or Factionists, or men that little affencted the catholic cause. None advanced that either affencted or spilled his blood for the cause, or was not of the faction. And those Noble catholics, that are advanced together with the catholic Irish Souldiers may expect to be discarded, as soon as supplies come from England; of which kind of practise wee had good experience in Dublin, Drogheda, cork, and other places, where( in the beginning of these warres) the catholics were armed and made Commanders in the Kings Armies: but as soon as succours came from England from the Parliament party, they were presently disbanded, and recompensed, either with imprisonment and impeachment of High-Treason; or robbed and pillaged of their goods and sent into exile.  
15. The Marques of Ormond did once grant unto us in His Majesties Name in the Assembly held in August, 1645. That there should be 4000. foot, and 60. horse of his Roman catholic Subiects upon the perfection of the Articles of Peace added to His majesties Army, whereby there may be such equality as is desired, and this and all other things that shalbe agreed upon in the conclusion of this treaty shall be inserted in the Articles of Pacification. This Concession( though publicly red in assembly) is either recalled by the Marques of Ormond, or neglected by our Committee, being not inserted in the Articles of Peace, according to the Marques his agreement. Were it observed( according His Majesties Concessions) it would not be in the Marques is power to make such a choice of heretic Commanders, to conduct His Majesties armies, as in this Catalogue he hath inlisted. Then had their place been left for Preston,& O neal, Sir Phelim O neal, Lieutenant general Byrne, renowned Mac Thomas, and such like brave Commanders of the Confederate catholics. That heretics should be in equal balance in governing such Forts, Cities, towns, Castles, and Garrisons, as the Confederate catholics have gained by their labours, means, arms, and blood, is notable injustice: for if the reward in such distributions be proportioned to the merit; Surely there will be no place left for heretics to govern or possess such forts, Cities, &c. as the catholics recovered, seeing they herein had no part or portion of any merit: and if I may speak the truth, according the allegiance I owe to truth, its neither secure to Religion, King, or country, that such Proselyts possess or govern our Forts, cities &c. whose daily revolt in England, and universal desection in Ireland in the progress of this war giveth a well-grounded argument of their disloyalty. Were not all the Protestants in Ireland, zealous Marshialists for the King at the beginning of these warres? How many are there now left, that stick unto him? hath not their PRIMVM MOBILE at length unmasked himself, and discovered the face of an odious Round-head? Non est qui faciat bonum non est usque ad unum. The same ratiocination I use against the unequal distribution of places in the Kings Armies. Is it equality think you, that English, Scottish, Walsh, Dutch, or other heretics, who bring with them, neither meate, men, money, or ammunition should have as many, and as great places in the armies, as the Irish catholics, who appear in field with all these accoutrements? I pass by the danger of their turning faces about in the open field, whensoever occasion shall present itself. Seeing the Protestants pretend that the Parliament, which now hath actually continued in Dublin these five yeares past, and still doth continue there( as is said) is a lawful Parliament, why did not the Marques of Ormond and our Committee of treaty cause all these Incapacities to be taken away from His Majesties catholic Subjects immediately by that Parliament; and( if need be) make use of the suspension of poinings act to that purpose? All, that by the Articles are granted unto the catholics are as uncertain, as the future Parliament is uncertain, and seeing His majesty himself hath by His Letters of the eleventh of june 1646.( which the Parliament and Scot, hath seconded by their decrees) already commanded the Marques not to proceed in treaty with the Irish catholics, what hopes are there that ever he will give commission for a new Parliament contrary to the same commands? so as the catholics are never like to be exempted, either from oath of Supremancy, or from any other incapacity, which hitherto hath hindered them to be promoved to places of command, honour, trust, and profit in either ecclesiastical, Civill, or Martiall, government. The very same wee say of all the indictements, attainders, inquisitions, offices, &c. taken against the catholics, of all the acts and decrees made by the Parliament of Dublin against them since these tumults; of all tho statutes, Patents, Acts of State, and other laws interdicting them to purchase by lease or otherwise, lands, rents, mortgages, &c. how then shall the Confederate catholics be enabled to fit and vote in the next Parliament, in case it should ever happen? How may they secure their lives, living, and posterity? we expected our Supreme council would never divest themselves of that great power given them by the kingdom, unless they were presently upon perfection of those articles installed unto the dignity of privy counsellors( at least) in Dublin. To be of the Supreme council for the advance of the catholic Religion, was an honour renowned throughout all Europe, but to be qualified with a ministerial office of Tolgatherers, in taxing, levying and gathering moneys for the support of heretics, is infamous among all Christian catholics.  
10. By this eight article, All His majesties Subiects as Well catholics, as others shall for His majesties service and their own security arm themselves the best they may, Wherein they shall have, all fitting encouragement. The execution of this encouragement we have not yet seen put in practise. heretics who are known to join with the Parliament against the king, are armed in Dublin and provided with all sort of ammunition. catholics who are known to join with the king against the Parliament are disarmed and pillaged of all their arms and ammunition, if any they had 'tis but an imitation of the old tyranny of the philistines who were so violent in depriving the Israelits of all arms, 
1. Reg. 13. 4. Reg. 24.  as they suffered them not to have shops or tools of their own to edge their plowshares. Encouragement is here given, but no decree for canceling the laws and statutes enacted against catholics for carrying or having arms or ammunion.   

§. 11. Observations on the tenth Article.  
17. NOble men not estated in Ireland are indeed( by this tenth Article) to purchase within five yeares means suitable to their dignity, yet are they admitted members of all Parliaments that shall be during the interval, which was neither mentioned nor admitted in the concessions granted at first by the Lord Marques himself. The king by His graces conferred on the kingdom in the fourth year of His reign, granted them, but five yeares time to purchase land from the date of those graces; now well nigh eighteen yeares are past, and yet it pleased the Marques contrary to the said graces recorded in the chancery, and published through the whole kingdom, and contrary to his own Concessions, to add unto those eighteen yeares( without commission) five more, namely five yeares from the conclusion of these articles. These unestated Lords, together with the Pseudo-Bishops and all rebellious Parliamentary nobility, gentry, and Commons in this country, that hitherto sided with the Parliament and resolve to come in upon this Peace( as they are invited articles 15.25. &c.) will swarm to the next Parliament, there to make their factions strong& outvote the catholics. By this, as also by the neglect of the suspension of poinings Act, it may be doubted whether our Committee have well discharged that part of the oath of association, which binds them to maintain the rights and privileges of the Parliaments of Ireland. How careless soever our Committee have been herein, wee hope never to see that day that any heretic Bishop shall ever sit in Parliament to give law, or prescribe a rule unto the catholics of Ireland, how and what faith or Religion they shall profess.   

§. 12. Observations on the eleventh Article.  
18. THe catholic confederates demanded in their eleventh Proposition, that an Act should be passed in the next Parliament declaratory that the Parliament of Ireland is a free Parliament of itself independent of and not subordinate to the Parliament of England. And that the Subiects of Ireland are immediately subject to His majesty, as in right of His crown, &c. Hereunto His majesty at first graciously answered, that he thought fit, that proposition should be referred to the free debate and expostulation of the two Parliaments of England and Ireland. The catholic confederates urged further that the independency of the Parliament of Ireland of the Parliament of England was so clear and manifest by Law, Iustice, usage and necessity, that they humbly desired that it might not be driven to dispute, &c. Wherefore a DECLARATION herein and an Act of Parliament, was by the catholics desired. In this eleventh Article of Peace His majesty is pleased to agree, that he Will leave both houses of Parlia ment in this kingdom to make such a DECLARATION therein, as shall be agreeable to the laws of the kingdom of Ireland.  
19. Why its here said His majesty WILL LEAVE, and not( DOTH LEAVE) I conceive not; unless it be to discover the wiles of the penners of this Article, who would drive the Confederate catholics to a new supplication, and His majesty to a new answer, that he DOTH ex nunc LEAVE this matter to both houses of Parliament in Ireland. I observe, that the catholic Confederates here demanded not onely a DECLGRATION of both houses, but also an act of PARLIAMENT; the former is( after a manner) promised in this Article; the later past by and omitted. Our Lawyers assure me the one is little worth without the other; for though both houses of Parliament did make a DECLARATION that the Parliament of Ireland was independent of the Parliament of England, yet was it still free to His majesty to give or deny His assent royal unto such a DECLARATION, without which it would never pass into an Act of Parliament, which alone could avail the catholic confederates in this kingdom. If the Authors of this peace did tender the security of the king, and good of this Nation, they( foreseing His Majesties disability to help himself or us, by reason of his engagement with the Scots) should not onely make use of the suspension of poinings Act, according His Majesties direction, but also obtain from him( while was SVI IVRIS) that gracious favour to entrust his Vice-Roy( as heretofore he entrusted other) with His ASSENT royal, to prevent a dangerous Circuit of transmitting Bills into England in these times and Circumstances, wherein he is so awed, as he may not with security, by himself give His ASSENT royal to any act concluded by both houses in Ireland, that might conduce to the safety of Religion or Subject? This being done, the catholics of Ireland, having obtained redress of their grievances, and security of their. Religion, might with more alacrity and courage by themselves, and their allies, foreign Princes and prelates, assist His-Majestie; whereas now( as the case standeth) nothing can be effected in their behalf, but what both Councells in England and Ireland, together with the Parliament of England, and the Scots, shall assent unto. And, as it is certain, they will never assent unto any thing, that may avail the catholics; so is it certain they will never permit the King to assent to these 30. Articles, though all were concluded by both houses in the next Parliament to be held in Ireland  
20. As no law established in England by Parliament or otherwise, had ever any force or power in Ireland, unless the same were established and enacted, as a law, by the same kingdom of Ireland; so was rejected in Ireland, what law soever established in England, never obliged the subjects of Ireland. To prove this truth, wee need search no further at present, than the statutes of Ireland alone, where the one and the other is clear Iy expressed. 10. Hen. 7.22. 
Pag. 6●  it was ordained by the assent of the Lords spiritual and temporal and the Commons assembled in Parliament in Ireland, that all estatuts late made within the realm of England concerning the commonweal of the same from thence-forth be deemed good and effactuall in law, and over that, be accepted, used, executed within the land of Ireland in all points; And that every of them be authorised, proved and Confirmed in Ireland, &c. The marginal note in the same place shows that many other statutes of England were confirmed in this kingdom; and all other statutes, Which were of force in England, Were referred to be examined in the next Parliament, and so many as were then ALLOWED, and published, to stand likewise for laws in this kingdom. lo the first part, to wit, that no statutes made in England had force in Ireland, unless they were not only accepted, but also AVTHORIZED, PROVED, ALLOWED and CONFIRMED by the kingdom of Ireland, evidently convinced by this passage. The second part, to wit, that what statutes of England were rejected in Ireland, never had force, or effect in Ireland, unless first in Ireland established, is likewise proved out of the same place, where we read thus in the marginal note. 20. H. 4. it was enacted in this kingdom of Ireland, that the statutes made in England should not be of force in this kingdom, unless they were allowed and published in this kingdom by Parliament, and the like statute was made again in Ann. 29. H. 6. These statutes( saith the author that collected them) are not to be found in the Rolls, nor any parliament Roll of that time, but I have seen the same exemplified under the great seal, and the exemplification remaineth in the treasury of the city of Waterford.  
21. The Confederate catholics caused diligent search to be made in the foresaid treasury for the said statutes, but they spent their labour in vain. I believe they came to the hands of such CVSTODES ROTTVLORVM, as in the time of Sir William Fitz-Williams swep'd out of Berminghams-Tower whole wayne-loads of ancient Charters, Patents, Evidences, and other Records, which concerned the ancient Inheritance and possessions of our Noblemen and Gentlemen,& cast them on a dunghill, whence being carefully gathered by mechanique servants of Dublin, they were turned afterward the into tailors measures, Booke-binders ligatures, or such uncomely use. So as the fury of the warres abroad consumed by fire such evidences as remained in the custody of our Noblemen and Gentlemen for the assurances of their ancient Inheritance; and the perfidy of heretic Officers at home destroyed the Records of such Evidences; and being thus deprived of their Evidences on both sides, a rode-way is made for a new Colony, by plantations, defective titles or otherwise. And we may justly suspect that the Pseudo-Bishop of Waterford had a fingar in conveying or imbezeling of those statutes that remained in the treasury of Waterford; for such Imps of impiety, who dared publicly to rent and tear( without commission) Gentlemens ancient Evidences, would( no doubt) attempt in private the defacing or conveying of those statutes, Impius cum in profundum venerit peccatorum contemnit. 
Proverb. 18.3.   
22. The Scots by their Commissioners in March, 1641. complained unto the Parliament of England of the like intrusion made by England, in Scotland, which the Parliament itself did by its Declaration, reprehend and forbid; and the Scots themselves never did either then or now or before give unto the Parliament of England so much power in Scotland, as to make a petty Constable there. The reason by the Scots alleged is by the Parliament of England approved: namely, that as England and Scotland are distinct and independent kingdoms; so have they laws, privileges and immunities independent of one another. The Irish, who( to continue the ancient amicable communication, which was still between them, and their Sister England) entertained& established in Ireland the laws& government of England, ought not( for their affection) to be reduced to greater dependency or subordination to the Parliament of England, than their daughter of Scotland, the one being as free a Nation as the other. But wee have well observed the Genius of heretics in this kind: in Ireland, as they oppress the Subject, so do they suppress the power and authority of the Parliament there: in England they so extol the power of the heretical Parliament there, as they go beyond line and level; beyond the power of King or Keysar, even then, when the King himself is separated from them. judica illos Deus. More elsewhere.   

§. 13. Observations on the twelfth and fourteenth Article.  
23. IN our twelfth Proposition, 
Plantation matters not to be handled at the Councellboord.  wee prayed that the assumed power in the Councell-boord of determining all manner of causes, should be limited to matters of state, and that all Patents estates and grants illegally and extraindicially avoided there or elsewhere should be left in state as before, and the parties grieved, their heires or assigns, till legal Eviction. This we urged, as agreeable to law and iustice, to the GREAT CHARTER and several acts of Parliament. So much redress is given us by this twelfth article of peace, as that great and weighty matter of Plantation, which is known to be a matter determinable by law, and not by the arbitrary power of the Councell-boord, is by this article made a matter of state, and determinable by the said board. Among which matters of state and weight the Patents of Plantation( saith this Article) and OFFICES, whereupon those grants are founded, are to be handled, as matters of state, and to be heard and determined by the chief governor and council. But titles between party and party, grown after these patents granted, are to be left to the ordinary Course of law. Our Committees by condescending to this article have gone beyond their Commission expressed in our first Remonstrance anno 1642. wherein the kingdom desired, that all plantations made since 1610. might be avoided by Parliament, &c. and their possessions restored to them and their heires, from whom the same was taken. instead of avoiding such plantations, our Committees have given way, not onely that they should remain, but also( by consenting to this article) have given that power unto the council-table, which by law they never had, nor could have. Its an injustice insupportable, in a matter so general, and of such high concernment, as is the Subjects ancient possession and inheritance, to deprive him of his birth-right, that is to say, of the Common-law; So as if offices taken upon, and Patents given of, his lands appear to be defective, forged, erroneous, or surreptitious, he is denied all manner of redress either by travers, reversement, or otherwise in any Court of judicature in the kingdom: at the Councell-boord, less redress may be expected, as well because most of the council are both Iudges and parties, as having much plantation land in their possession; as also because they have resolved to make it a matter of State, therfore( be it right or be it wrong) they shall never be righted. How far this may agree with Magna Charta,( which our sovereigns have vowed to maintain, I leave to the discussion of our learned Lawyers. No error or advantage shall serve to keep the Irish subject in his possession: 
Pag. 33.77. &c.  the least error or advantage shall serve to cast him out of possession. See Mr. Darcyes learned Queres, and his irrefragable reply to the Iudges answer: Constituerunt habitatores, filios alienigenas in omnibus finibus eorum,& sort distribuerunt terram eorum. 
1. Machab. 3.36.   
24. The fourteenth article no way satisfieth our fourteenth proposition, wherein we prayed that no chief governor should be continued here longer than three yeares, and that they should be inhibited from purchasing land here. The exorbitancy of Strafford& ratcliff in this particular( to speak nothing of others) was such, as if they lived here, but few yeares longer, they had engrossed into their own hands( per fas, vel nefas) all the land in the kingdom. add that such continuance of governours longer than three yeares, doth give impediment to the prosecution of them for treasons, and other capital crimes in case the subject should have just occasions to accuse them. The golden world did so dazzle the eyes of some, as they were well pleased to connive at this great grievance, and( to advance their maecenas) they concurred to the suppression of two great catholic Noble peers, Antrym and Glamorgan, whom both King& country did entrust with the chief government of the kingdom. Nonnè meliorest racemus Ephraim, 
judit. 8.5.  vindemijs Abiazer? ought not one catholic Vice-Roy be more acceptable to this Nation, than a hundred heretics successively?   

§. 14. Observations of certain chief points omitted by our Committee in these Articles of Peace.  
25. WE demanded in our 15. Proposition, That an act might be passed for the raising and settling of train'd-bands within the several Counties, &c. Whereunto no answer is made in these Articles. The Protestant Agents in their officious answer 9. May, 1644. to this our fifteenth Proposition would not have any such train'd-bands raised, either for defence of king or country. Their policy is to keep the doors open for their Parliamentary Brethren. The philistines will by no means permit the Israelits to bear arms. Is not the oppression intolerable, that catholic Natives in their own country shall not be permitted to have arms, either offensive or defensive; to preserve the kingdom, and defend themselves, and their religion; and that intruding foreign heretics shall be permitted, yea authorised to furnish themselves with armor& ammunition, not onely to defend, but also to offend the catholic Natives, whensoever the watch-word is given?  
26. The like wilful omissions have been made by our said Committee of treaty in many other points given to their charge: 
1. Omiss. on  as first the omission of procuring unto the catholic Subjects the benefit of Magna Charta, which hath been since the dayes of heresy, together with Religion itself suppressed: the maintenance whereof the Carholique confederates have undertaken by the model of Government, and which alone had been more available to the catholics, then these 30. confused lawless articles of Peace by them concluded. 2. The omission of the repeal of the penal laws, and suspension of poinings act. 3. The omission of taking away incapacities of the ecclesiastical government, and( in effect) of Civill and Martiall Government. 4. Nothing obtained to secure the catholics of their Religion, or of any private or public free exercise thereof. 5. Nothing done to secure the Prelates, Pastors, and Regulars of the kingdom, or the Churches or Churchlivings belonging to them. 6. Nothing to free the catholics from the pretended jurisdiction of the heretic ministery. 7. Nothing done, to recompense out of the estates of the Malignants such of our party, whose estates are in the hands of the Scots and Parliament party, as we demanded in the 17. additional proposition. 8. No thing done to dissolve such new corporations, as were unjustly erected to gain voices in the Parliament. 9. Noble-men not estated in Ireland admitted members of the Parliament of Ireland. 10. Nothing to any purpose enacted against the continuation of Vice-Roys in Ireland longer than three yeares: which being urged according the Commission given, had ere now procured a new catholic Vice-Roy. 11. Nothing procured for having a continual Irish Agent with the king. 12. instead of indicting or attainting the Scots or parliamentary Rebells and confiscating their lands and possessions, as we earnestly demanded in our seventh and eight additional propositions, our Agents have condescended unto an act of oblivion, as well for them as for the catholics. 13. The taking away of the Castle-Chamber by the confederates demanded, but by our Agents omitted. 14. Nothing done for recovery of the Plantation-land taken away since the year 1610. 15. No redress against those corrupt Iudges, who in one morning annulled 150. letters patents granted by the king. See more in the eight tenth and following articles.  
26. Besides these culpable omissions, our Agents have disdainfully rejected many things commanded by His majesty to be granted unto us; as first an exemption from the Oath of supremacy absolutely; and without any such limitation by Proviso, as is now added to the first Article of Peace. 2. A repeal of the penal laws granted by His majesty, but rejected by our Agents. 3. The suspension of poinings act, likewise rejected. 4. The taking away of the High-Commission-Court granted, but rejected. 5. Places of honour and trust in the Civill government granted, but in effect rejected. 6. Free exercise of Religion and administration of the Sacraments granted by the Concessions; but in these articles rejected. read the abridgement of Concessions sent by the Marques of Ormond to the Assembly in August, 1645. Where the foresaid grants and concessions were publicly red and promised, and accordingly give censure of the industry of our Agents. And these points alone might be sufficient to evacuate and annul whatsoever they have acted in this dishonourable peace, whereof as yet more in the end, when wee shall speak of the invalidity thereof.   

§. 15. Observations on the fifteenth Article.  
27. THis article answereth to our fixteenth proposition, Proposition, where wee demanded that an act of oblivion should be passed to extend to all catholic Subiects. This Article extends to all His majesties Subiects and their adherents, and under colour of the name of Subjects, this act of oblivion is extended( without any commission or power from His majesty) to all the Scots and parliamentary Rebells in these three kingdoms. To grant an act of oblivion to the catholics, who swore to defend His Majesties crown and dignity, the general Commission of the Lord Lieutenant, in quality of Lord Lieutenant, served not the turn; but a new and special Commission must necessary be sought for from His majesty. But to grant an act of oblivion to all the parliamentary Rebells, Scots, English, Connactians, Momonians. &c. who took the Oath of Covenant to destroy the king, His crown and dignity, the Lord Marques supposeth such special Commission to be needless. It may seem a strange Paradox that the Irish, whose assistance His majesty earnestly desireth against the Rebellious Parliamentaries& Scots; must be forced to look for pardon for the offence they never committed; and those Rebells, against whom His majesty invites the Irish to fight, are admitted to grace and favour with impunity and without any Commission. Shall Noble Antrym and all those loyal Irish, who preserve Scotland for His majesty, be brought under the same rod, their case in Scotland being the same with that of the Confederate catholics in Ireland?  
28. In all these Articles there is not one article that obligeth the Scots or other Parliamentaries( in case they accept the peace) to render unto His majesty or His Lieutenant the possession of any the Cities, or Forts they have, or to give up the Command of their Armies, &c. which is very remarkable,& can in no sort stand with security of Religion, King, or country. In the Cities and Forts which they possess they will still stand as Scouts to entertain the coming of their Brethren the Parliamentaries of England and Scotland, and in the field they will be still ready to join with the Kings sworn enemies. Hence wee may conjecture, why, when in our seventh additional proposition we demanded that the Scots, and such as took the Oath of Covenant might be proclaimed Traitors; and that such Counties or Corporations, as submitted not to the Cessation, might not be admitted to make any return to the Parliament) wee were answered by the Marques that he had no Commission to proclaim them Traitors, nor to prosecute them by war; and that to debar such rebellious towns, or Corporations from the Parliament, was inconsistent with the Condition of a free Parliament. Whereunto it might be replied that the Lord Lieutenant had more Commission to proclaim them Traitors, than he had to receive them into protection, or to quit them by act of Oblivion; they being all proclaimed Traitors in England by the Kings majesty. But if the Parliament which is to be in Ireland must be therfore said to be no free Parliament, because proclaimed parliamentary Rebells shall not be admitted thereunto, how much more ought all the Parliaments in England, that have been since, the dayes of heresy,& especially the present dismembered Parliament in Dublin, be justly styled no free or lawful Parliaments, seeing from thence, they have still excluded His Majesties loyal catholic Subjects.  
29. When likewise in our eight additional proposition we justly demanded that the estates of such as adhered to the Parliament might be forfeited, and in the interim their lands and possessions, might remain in their hands, wherein they were at that present: this slight answer is given ( such consideration shall be had of this proposition; as shall be fit.) And this sit consideration was no other; than to invite and scotfree to receive them into pardon, and grace, as in this and the 25. Article of Peace plainly appeareth. What else may a faithful Subject here suspect, but a disloyal Combination between the party aforesaid?  
30. Wee further observe, that the act of oblivion hath its Commencement from the 23. of october, 1641. So as all crimes committed on the 22. of October( when the Castle of Dublin was to be surprised) may be questioned notwithstanding the act of oblivion: moreover, a Proviso is added in the same act of oblivion, that certain barbarous and unhuman crimes are reserved to be punished by the Lord Lieutenant and the twelve Persons selected by him, or any five of them; which may hazard the heads of the best Gentlemen in the kingdom; especially of those, who by arms and valour shewed themselves most zealous in advancing the catholic cause, as the Generalls of Leinster, ulster, Sir Phelim O neal, and those other honest catholics, who were against the faction. If it be answered, that this Proviso was added to give satisfaction to our 17, Proposition; we reply, that we desired the Parliament should question such barbarous and unhuman crimes, and not any private Persons selected to determine what matters they list by an arbitrary power. But as this Proviso doth aim at the lives and estates of some particulars; so doth the whole act at the lives, and estates of all the confederates; seeing the act of oblivion is not to be granted until, and by the Parliament, which being uncertain, this act of oblivion is also uncertain. Interim what security have the catholics of their lives and estates? Here again, I marvel our Committee did not endeavour to have this act forthwith past in the present Parliament, for the catholics present security.   

§ 16. Observations on the 17.18.20. &c. 24. Article.  
31. BY the 17. article. Monopolies are not in very dead taken away, but changed into impositions to be laid on Aquavita, Wine, oil, yarn and Tobacco. By the 18. Article the Court of Castle-Chamber remaines, but to be regulated, not by Parliament, but by some engaged Parties. This Court, Monopolies, and such impositions are long since taken away in England; Scotland never admitted them; why should Ireland be slaved by them? What is touched in the 20. article, is explained even now in the 28. and 29. number. The 24. article taketh away all interest of money due by the way of debt, mortgage, or otherwise since the 23. of October, 1641. and granteth onely 5. l. per centum during the space of three yeares next ensuing. In our eleventh additional proposition we demanded onely, that a Competent time should be given by act to bee past in the next Parliament for payment thereof, or the use of the money to be moderated. Whereunto his Excellency in the Concessions above often mentioned, answered that just relief should be given therein with respect to the diversity of causes, and variety of Circumstances, that may occur therein. This was a just answer suitable to the catholic confederates demand: but the answer given by this article may seem to be a work of Supererogation, being more than the catholics looked for, or than will be permitted( as is thought) to pass in Parlirment, namely, that all the arrears of interest of money, which did accrue or grow due by way of debt, mort-gage or otherwise, and yet not satisfied, since the 23. of October 1641. until the perfection of these articles shall be fully forgiven. That for three yeares next ensuing onely. 5. l. per cent. be paid. The proposition made by the confederates chiefly intended the relief of those distressed catholics, who lost all or most of all their estate, or were notably damnified by these warres, either by wast, burning, pillaging, banishment or otherwise; and not the exemption of such debtors, as suffered little or nothing by these warres, much less such as have bettered their estate by the warres: Some debtors, though able enough to discharge their debts, yet expecting to make use of this Article, have denied and still do deny to pay, either the debts they owe, or any part thereof, or the just interest thereof, though the Creditors were distressed, indigent, banished catholics; for whom both charity and justice pleaded; wherefore unless the diversity of causes and variety of Circumstances, together with the persons that suffered, be considered in this particular, and the diminution or total taking away of the interest be limited to indigent debtors, that have been notably damnified by these warres, this article may produce more effects of injustice, than justice.   

§ 17. Observations on the five and twentieth Article.  
32. BY this Articles His majesty is graciously pleased, that Mountgaret, Muskerie, Sir Daniel O Brien Knight, Sir Lucas Dillon Knight, Nicholas Plunket Esquire, Richard Belings Esquire, Philip Mac Hugh O Reyly Esquire, Thirlagh O neal Esquire, Thomas Fleming of Castle-Fleming Esquire, patrick Darcy Esquire, Gerrald fennel Esquire, and Geoffrey brown Esquire, shall be immediately upon conclusion of these Articles authorised BY ACT OF STATE to hear, 
The office of the 12. Persons elected by the Marques.  determine and execute, &c. within the Quarters of the confederates, the ensuing particulars. 1. To applot and levy means upon the catholics for raising, clothing, and bringing to Sea-ports, and maintaining there until they be shipped ten thousand men promised by the Canfederate catholics, to assist His majesty. 2. To levy the arrears of all Excises, and other public taxes, &c. and to call the Receivers to account. 3. To applot and levy means within the Quarters of the Confederate catholics towards the maintenance of such army or armies, as shall be thought fit to continue, &c. and towards the maintenance of all the forts, Castles and Garrisons WITHIN BOTH OR EITHER OF THE NOW QVARTERS OF EITHER party, &c. 4. That they vppoint Receivers, Collectors, and all other Officers for such moneys, as shall be so assessed, and for the arrears of the former applotments. 5. That they punish refractories in such cases. 6. That they applot means for buying of arms and ammunition and for entertaining of frigates, &c. 7. That by way of excise or otherwise they applot on the catholics in the confederates Quarters, such sums as be really due for, and in discharge of the public engagements of the said confederates incurred, &c. 8. That they applot means, as well for their own maintenance, as for the maintenance of such persons, as shall be employed in the public affairs.  
33. Here( Confederate catholic) thou mayst behold with tears the strange Metamorphosis of the government established by general Assemblies for the reparation and maintenance of the catholic faith, the security of our sovereign and of this kingdom for His use, in these dayes of universal defection. Thou mayst behold the happy union made by God himself, between the Confederate catholics, changed into an unhappy monstrous union made by satan, between the catholics and the pretended Protestants; the catholic union made to preserve Religion, and extirpate heresy, changed into an heterogeneal union to preserve heresy& extirpate Religion; 
2. Cor. 6.15.  quae autem conventio Christi ad Belial? Our Supreme Concellors( honoured in the Christian world) changed into abject ministerial Tol-gatherers for the puritans of Dublin, 
model of Government, p. 4.  and the supreme power given them by the kingdom, for the exaltation of the holy catholic Church, for the advancement of His majesties service, the preservation of the lives, estates, and liberties of His majesties true Subiects, changed into a servile office received from the same Puritans, enabling them onely to poll, rack, and tax, the catholics, with what sums they please, to no other end, than to maintain and uphold that heresy, which hath vowed the destruction of Religion; the decherison of our sovereign, and servitude of His catholic Subjects: what? 
Exod. 5.25. Ibid. v. 10.  the OVERSEERS of Israel become the EXACTORS OF pharaoh,& in lieu of crying out to pharaoh( why dealest thou so against thy servants, behold thy servants are beaten with whips, and thy people are unjustly dealt with all) they command with pharaoh, let them be OPPRESSED with works and let them accomplish them, let them be polled, racked and taxed, least the pretended reformed gospel perish.  
34. 
See hereafter n. a●  Yet least these catholic Tol-gatherers should prove too indulgent to their fellow-Catholiques, these restrictions are added to their Commission. 1. That they acquaint the Protestant Lord Lieutenant or other chief Governor for the time being with such taxes, levies and excises, as shall be made and the MANNER of levying thereof, and that he APPROVE the same. 2. That the prosits of the estates within the now Quarters of the Confederate catholics of such as shall adhere to the Parliament, and not submit to the Peace, be accounted as public deuce, and be converted to the maintenance of the Kings Army. 3. That the applotment for buying of arms and entertaining of frigates, shall be in such proportion and manner as the Protestant Chiofe Governor for the time being, shall with the advice and consent of the persons aforesaid, or any five of them think fit. 4. That the arms and ammunition be laid up in such magazines and under the charge of such as shall be agreed by such Protestant Governors, and the advice aforesaid, and the said frigates, to be by the said governors accordingly employed. 5. That the said persons to be authorised, or any five of them make perfect Books of all such moneys as shall be applotted, &c. and deliver abstracts of them, to the Collectors, and withall a duplicat of the said books to the chief governor for the time being.  
35. By what consent of the Confederate catholics have these Noble Personages entrusted by the kingdom devested themselves of that Supreme power, which the kingdom conferred on them, and assumed this new office from the Puritans of Dublin? what Commission had they to engage the kingdom, to cloath, furnish, and sand over ten thousand men into England upon these disadvantageous articles and Conditions? See our declarations, our grievances presented to His majesty, together with our Propositions, and then thou maiest inform thyself( indifferent Reader) upon what Conditions the catholics promised 10000. men. Our Covenant to sand over so many men was made with Clamorgan, and upon conditions of far greater advantage; how dared our Committee renounce the Conditions, and yet engage the kingdom in the obligation? his Excellency, enforced Clamorgan to deliver unto him the Counterpart of the Conditions and Articles of peace past between him and the Confederate catholics, and laboured by imprisonment of the Kings Commissioner and other practices to cause him to revoke and repeal what contract past between him, and them; not prevailing that way, he prevails with our own entrusted Committee another way. They tell us indeed, his Excellency hath dispensed with us for sending over the 10000. men: the obligation to sand them over, wee know by the Articles; the release we know not, neither may we expect it from him, that hath no power to grant it. But these are arcana, quae non licet homini laqui: We could not make a peace with Glamorgan a catholic peer chiefly entrusted by His majesty without Ormond an Adversary to the catholic Religion; and yet we could make a peace with Ormond without Glamorgan. 
●sa. 38.17.  Ecce in place amaritude mea amarissima.  
36. hitherto we maintained onely our catholic armies for advance of the catholic Religion; hereafter( if this peace prevail) wee must maintain all the heretic Armies in the kingdom: hitherto wee maintained onely the Forts, Castles and Garrisons in our own QVARTERS; hereafter wee must maintain all the Forts, Castles, and garrisons in both Quarters, as well in the enemies, as in the catholic Quarters. hitherto wee have provided arms, ammunition, and frigates, for the use of the Confederate catholics; hereafter( by this delusorie peace) wee must employ the present, and provide the future arms, ammunition, and frigates for the use of the Adversaries of Religion. Yea we must maintain on our own expense all these Tol-gatherers, Collectors, Receivers and other Officers, be they heretics or catholics, that shall thus serve the Puritans to rack the catholics. What hopes are there, that any catholic Princes or Prelates will ever assist us, if they hear, wee condescended to so dishonourable and pernicious a Peace? and yet without their assistance( though Protestant and catholic were joined together) we shall never be able to defend, Religion, King, or country?  
37. To press on this Peace, the Contrivers thereof evermore urged, we were not able to maintain the war, 
less able by this Peace to maintain war, than before.  though wee had no more to maintain, but the catholic Armies& catholic Quarters: how then shall wee be able to maintain the war, if we must maintain all the Armies, that shall be in the kingdom, and another great Army out of the kingdom? if wee must maintain the Forts, Castles and garrisons, as well in our Enemies Quarters, as in our own? To maintain our own catholic Armies onely, and the Forts, Castles and garrisons that were in our Quarters, onely, we had these assistances. 1. The fugitive Protestants and other heretics livings, and lands, that were in our own Quarters. 2. All fines, issues, amercements and forfeitures, &c. 3. The customs. 5. The Kings rents. 6. The Excises. 7. The two thirds of the Church-livings. 8. The fourth part of Gentlemens rents. 9. The Tenths of Priczs. 10. The aids and succours of catholic Princes and Prelates abroad. By this Peace, the catholics are deprived of all these aids and assistances, 
Exod. ●  and yet their charge and burden to maintain a war increased and multiplied. Opprimantur operibus, ut expleant ea: for by these Articles the fugitive heretics means, fines and amercements, rents, tithes, excises, tenths of Prices, customs, &c. must be by ourselves collected, and sent to the receipt in Dublin; the two thirds of Church-livings will bee all consumed by the wiving ministery, &c. foreign catholic Prelates& Princes, will subtract their aid& succours from us, esteeming it against Conscience to contribute any way to the support of the known Adversaries of Religion. Nothing is left us, but the free-gift of the catholic Noble-men and Gentlemen, who( to advance the catholic faith) volutarily& bountifully contributed the fourth part of their means. Yet this also is taken away from us in effect; for our Tol-gatherers are obliged to return books and Extracts as well of these fourth parts, as of Excises and other things? and by that means they discover unto the heretics, how they themselves may tax, levy and take up those fourth parts, and force the catholic Gentlemen to Contribute( against their conscience) the same means to maintain heresy, which( with integrity of conscience) they freely contributed to maintain Religion. 
Thren. 1.10.  Heu, manum suam misit hostis ad omnia desiderabilia eius. The catholics must now with the Idolatrous Israelits contribute all their means and livelihood, to make up the golden calf, to maintain the enemies to Religion, King and country. Degenerate catholics that would think any charge( how little soever) too much to maintain the catholic Religion; and no charge( how great soever) too much to maintain heresy, even that heresy, that made solemn vows to destroy that Religion, and those very catholics, which by this peace, should be obliged to maintain them. 
Isa. 59.5.  Ova aspidum ruperunt, quod confotum est orumpet in regulum: Those heretics, which we would by this Peace, nourish in our own bosom would be hatched into Cokatrices, to sting ourselves to death.  
38. mark prudently, judicious read, in all those articles there is not one word or syllable for the assurance of thy religion, life, estate, or posterity; and yet by this peace, thou must contribute, and give as much, as if thou hadst full and perfect assurance of all these; as much, as if Church and livings, and all ecclesiastical power and jurisdiction, were left unto the catholics; as much, as if the catholic Church were by this fatal Peace restored to its full lustre and splendour. Glamorgan granted unto us free exercise of Religion, Church, and Church-livings, a repeal of all penal laws, &c. and yet the country never would condescend to give him so much, as our Committee of treaty hath condescended to give to Ormond on such abject conditions. 
Isa. 69.6.  But they have woven the spiders Web; There is no catholic of any worth or value in Ireland, that would not effuse the last drop of blood in his veins, before he would become such a mercenary to Religion, or contribute his means to maintain heresy: what a foolish conceit was it, to think that any catholic Noble-man, Gentle-man or merchant at home or abroad, would exhaust his means& moneys to buy arms, ammunition, frigates, &c. which should be afterward at the disposal, and Command of any Vice-Roy in Ireland that is no catholic? to think that any catholic at home or abroad would be so prodigal of his own life, and careless of his salvation, as to expose the one and the other for the defence of heresy? much more I omit, which might be here said, praying the Reader to observe; that by this article there is no power or authority left in our late Supreme Counceil, or in the Confederate catholics: the Command of Armies, appointment of Commanders, and all other officers or ministers in ecclesiastical, Civill or Martiall Government; the government of the Forts and Cities in our Quarters, and of our frigates at Sea; the disposition of our moneys; arms and ammunition, &c. are translated into the adversaries of the catholic Religion, in so much, as every petty heretic clerk in the Exchequer hath more power, than our late Supreme council. truly, if Glamorgan( who knew the Kings pleasure best of any) had thought the translation of such government and command unto the pretended Protestants of Ireland, were more pleasing, and more secure to His majesty, he had been as careful to urge and press the same, as any other. But the daily defection of Protestants from their loyalty, will never permit true Subjects to entrust them with such command and government. It is with me propositio per se nota; to trust any heretic( in these times) with any such Command or government in Ireland, were to betray the catholic Religion, dethrone our sovereign, and destroy this Nation. Time will subminister just occasion to manifest unto the world, that the defections of Duncanon, cork, Yoghell, and other places of Ireland proceeded of influence from Dublin, even from those, who bear the world in hand, they stand most for the king. Infati●a quaeso Domine Consilium Achitophel. 2. Reg. 15.31.   

§. 18. Observations on the 26.27.29. and 30. Article.  
39. COmmissioners of the Peace, oyer and terminer, and Gaole delivery are to be appointed by Commission under the great seal in the catholic Quarters by the 26. Article, who are besides to be qualified with power to hear and determine all Civill causes coming before them, not exceeding ten pounds. Provided, they shall not intermeddle with title of lands, &c. which Commissioners are to continue till settlement by Parliament, sitamdiu●se been gesserint, if until then, they carry themselves well. And the said Commissioners are to make their estreats, &c. And the issues, fines, amercement, and forseitures which shall happen before them to sand to the Kings Exchequer, &c.  
By the 27. Article, His majesty is pleased, that none of the now Roman catholic party shall henceforth, until there be a settlement by Parliament, say, &c. or to be suyed &c. in any Court, &c. or before any judge, &c. other than before the Commissioners aforesaid, or in the several Corporations, or other judicatures within the now Quarters of the said Confederate catholics, as hath or have power derived from His Maieslie.  
By the 29. Article, all customs, which from the perfecting of these present articles shall fall due. shall be paid into His majesties Receipt. That all persons entrusted in matters concerning the said custom are to continue in their respective employments, &c 
* Note the Art. . other then as to such, and so many of them, as to the chief Governor for the time being, by the advice and consent of any five of the twelve persons above name, shall be thought fit to be altered.  
By the 30. article the aforesaid Commissioners( appointed by Commission from Dublin) shall have power to hear and determine all murders, man-slaughters, Rapes, Stealths, burning of houses, and corn in reck or stake, Robberies, Burglaries, forcible entries, detainers of possessions& other offences, &c. upon these four articles many things may be observed, which because every indifferent Reader may perspicuously behold out of the articles themselves, I pass by for brevities sake, only I will deliver this.  

Appendix concerning the extinction of our Indicature, and the erecting of the now power given by the state of Dublin.  
40. THe 
* Sir Luke Dillon, Mr. Pluncket, Mr. Darcy, Mr. Tyrell, Mr. Dowdall& Dr. fennel.  six Agents for the late council and Committee( among many reasons summarily delivered in Waterford unto the ecclesiastical Congregation) why they made this peace, delivered this, that none of the Confederate catholics can be summoned to, or suyed in the Courts of Iustice heretofore held in time of peace, &c. By which they would persuade us, that the judicature was still lest entirely in the Confederate catholics hands, and therefore this peace was in effect, but a present union( which they call a pacification) with expectancy of an absolute Peace to follow. But this excuse, through necessity invented, is worse than the fault; for if the judicature erected by the Confederate catholics doth as yet remain in its full vigour, as before, it must remain either in the twelve noble personages above mentioned in the five and twentieth Article, or in the Commissioners of Oyer and Terminer, who are to be elected by the 26. article. In the first it cannot remain, as well because their power is limited by that contained in the five& twentieth art. being affairs of another nature, as also because their power is derived from the state of Dublin, and not from the Confederate catholics; neither can it remain in the later, seeing their power extends not to the ordinary power of itinerall lustices, and is derived likewise from the chief Governor by Commission under the great seal, &c. and not from any power given them by the Confederate catholics. And though by the thirtieth article we may neither sue, nor be sued; but in our own Quarters, yet it is expressly noted, that our pleadings must be before such as have power derived from His majesty.  
41. In the foresaid 25. Article, or elsewhere in the rest of the Articles of this Peace, I find not that our foresaid twelve Noble catholic personages are honoured, so much as with the title of Commissioners; and if their title must be conformable to the office by those articles given them, I know no other title can be given them, than the title of TOL-GATHERERS for the Puritans and Parliamentaries of Dublin; a title no ways beseeming men of their quality, who have been chief Moderators of the catholic affairs in Ireland since these wars, and the title the more contemptible that they are authorised to tax and lay applotments on their fellow Confederate catholics onely, and on their lands, and not on the Protestants, or other Parliamentaties: in so much as if the fugitire heretics, who partend from our Quarters and sided with the Parliament did return upon this Peace to our Quarters, they have no power to tax or, applot any thing upon them or their lands, so as they must be free from all impositions& Contributions, but the poor catholic heavily loaden. Whether the foresaid Commissioners of Oyer and Terminer, shall be catholics or heretics is not determined by any of those articles. It was the part of our entrusted Committee of the treaty to provide, that they should be name expressly catholics, least otherwise the lives and estates of many the Confederate catholics might be hazarded, such Commissioners having power over their lives and lands. I admired wherefore these Commissioners of Oyer and Terminer should be authorised by Commission under the great seal, and that those twelve noble personages( whose power might seem to transcend theirs) were onely authorised by act of state. In conference with a learned Lawyer my admiration quickly ceased, who gave me a full resolution of what before I rightly suspected, to wit, that those of Dublin dared not authorize by Commission under the broad seal those twelve noble Personages to execute such particulars, as above are mentioned in the five and twentieth article, foreseing that thereby they might become Accessories of treason, or felony at least, seeing that such as without the general consent of the kingdom do make such applotments and levies, and do put the same in execution by ceasing of horse and foot are guilty of treason by the Irish statute of 18. Hen. 6. c. 3. or of felony for Goynee,& livery by the statutes of 28. Hen. 7. c. 1.& 10. H. 7. c. 18. Wherefore the State of Dublin though in the beginning that of article they AVTHORIZE those twelve persons to the ensuing particulars, yet when they descend to the same particulars they dared not use the word AVTHORIZE, but the word PERMIT, saying the Persons to be authorised, as aforesaid, are PERMITTED) without INTERRYPTION to applot, raise& levy meaues, &c. as above. Yet when they come to the matter of obliging the foresaid twelve noble personages to make perfect Books abstracts, duplicats, &c. of all such money as shall be applotted &c. to the end a perfect account may be given to our adver●… ries of Dublin, they have been very careful to use the word authorize. For such applotments& for ceasing of horse& foot on His Majesties Subjects in Ireland, the earl of Strafford was impeached of high Trealon in England. The state of Dublin, as they would engage but Noble men in the like crime, so peradventure they would become the executioners of the punishment due to the same crime which danger had been prevented if the power of the Confederate catholics given them, by full consent of the whole kingdom, were maintained or continued. They ought to be mindful of the shipmoney declared unlawful by the Parliament of England, though applotted immediately by His majesty himself for the present necessity of the kingdom: how much more would any applotments, taxes, levyes, or impositions laid on the kingdom by any act of state from Dublin be so judged and condemned as unlawful, and contrary to the ancient fundamental laws, which by oath the foresaid twelve Noble Persons are tied to maintain and defend?  
42. 
The Commissioners power.  The power given the Commissioners of Oyer& Terminer extends not to riot or treason, which may encourage as well the Ecclestasticks, as the Seculars of the adverse party, to invade by force and violence or other sinister practices the Churches and Church-livings, Tithes, lands and other possessions belonging to our clergy and Seculars, wherein undoubtedly the adverse party will have great animosity, when he seeth by these articles no act, or ordinance agreed upon to debar him from such a resolution. Neither doth the power of the foresaid Commissioners extend to hear or determine titles of lands, &c. which giveth way to all Eschetors, Feodaries, and other officers of the Court of wards and the Excheaquer to swarm into our Quarters, there( by hook or crooke, or other by ways)( to take offices, and induisitions upon our gentlemens lands, and to return them to the foresaid Courts, and upon the first opportunity to put them in execution; the council-table also will make use of this limitation to pursue the new State affairs of plantations. In civill causes the foresaid Commissioners power extends not to upwards often pounds; where then shall the Confederate catholics, either for debts due unto them, or trespasses done unto them( for example by invading Ministers or others) above the value often pounds right themselves? In the Corporations within the Confederate catholics quarters, we may not be righted, unless the debters and trespassers be caught within their liberties; because the power and jurisdiction of such Corporations extends no further then their liberties. So as if a Protestant Bishop or Minister,( and so of others) can once get footing in our Churches; Sanctuaries, or other ecclesiastical possessions and livings, he is like to stay there long enough before he can be ejected either by suite or otherwise, by any power given to the Confederate catholics in these articles. In case one of the Confederate catholics impleaded by another in any the Corporations aforesaid would willingly reverse a judgement there given against him by writ of error, or otherwise, or in case he desired to remove the cause by injunction into the chancery, or by habeas Corpus unto any other superior Court, where may he have recourse for justice there, being no other superior Court within the catholic confederates Quarters. The very like and much more may be said of our Courts of admiralty, revenue, and other Courts, the further discussion whereof we leave unto honest Lawyers. I am of opinion that this 27. article by which the catholic Confederates may neither be sued nor sue with such restrictions and limitations of power, doth not so much favour the catholics, as it protecteth their adversaries to attempt all mischiefs. The erecting of our judicatures after the beginning of these Commotions, was as thorns in the sides, and pricks in the eyes of our Adversaries knowing that such judicatures were a sovereign antidote to preserve the union between the Confederate catholics, and to dissipate all clamours that might arise through the defect of administration of justice. Our armies in the field were not so terrible unto them, as the constitution of such judicatures, wherefore our adversaries have gained as great a conquest against the Confederate catholics by demolishing this judicature, as they gained by transferring unto themselves the command of our Armies, the government of Cities, Forts, and receipts of the revenue.  
43. Wee have heard, the earl of Strafford was resolved to cause all the decrees or extrajudicial orders, he gave on paper petitions to bee approved by Act of Parliament, not onely for the justification of his own actions, but also because he would manifest unto the world his care to preserve Iustice unto the subject. Had our Committee of treaty, the same courage the earl of Strafford had,( as they had a better cause) they would never be so ptodigall of their own honour, nor so nenegligent of those subjects( in number many hundreds) who had suits in the judicature, and other Courts instituted by the Confederate catholics, whereof as yet many remain undecided; as to yield to any peace, unless first it were agreed upon, that what sentence soever they gave between party and party, &c, the same should be confirmed by Parliament or otherwise so ratified in Dublin, as they should never be subject to reversal through defect of power or jurisdiction on the part of the confederates; and that those causes, that as yet depend in the Court of judicature, should be finally concluded in the same Court, or upon the peace, proceeded and determined in Dublin. to the end the Subject might have no cause of complaint, and that the course of Iustice might have its full currant, even in the heat of war. While the substance and the essentialls belonging to the law are observed, the omission of certain formalities in these disordered times may be well excused, and consequently the sentences and decrees given in our judicatures ought still to remain in their full fotce, neither ought so many thousand Subjects as have impleaded or been impleaded in the said judicatures be forced to commence their suits again in any other Court which pretends to derive its power immediately from His majesty. Et sollicitabant corda virorum Israel. 
2. Reg. 15. ●.   
44. If a prescription of a decade of Centuries may infer a just title and power for making a law, and erecting of judicatures within ourselves, 
Discourse of Ireland, pag. 14, 15, 16.  Sir John Davers the Kings attorney hath long since produced it for us, though wee would be pleased to wave the privileges of that prescription, if necessity had not forced us to the contrary. However, I am confident, that neither Parliament in England, nor their Adherents in these three islands can show either president or presumption for what laws they have made since these warres, and for the judicatures they have erected, even contrary to His Majesties express command; with whom we may well rank the titular Parliament of Dublin. unto the prescription aforesaid wee might add a juridical exception against the pretended Protetestant Iudges of Dublin, whereof some have been impeached of high Treason in full Parliament in Ireland, of which impeachment they were never yet legally acquit. Others are known to have sided with the Rebellious Parliament of England. 
The corruption of Protestant Iudges.  What Iustice then may the Confederate catholics expect from such disloyal Iudges? One instance( out of many) proclaiming their injustice, I here present unto the judicious Reader. By an Act of Parliament past in Dublin 15. Ed. 4. and recorded in the Chaine-booke of the Tholsell of Dublin any free-man of the said City impeached and imprisoned for felony or Treason, 
Pag. 152.  ought to be deliveted upon mainprize, the benefit whereof was granted unto Sir Richard Bolton knight, and Chancellor of Ireland, in as much as he was a sworn free-man of Dublin, though he was impeached of treason in a full Parliament by the whole kingdom. Within three yeares after which impeachment it happened that three worthy catholic Aldermen, and free Citizens of Dublin, Ians, Arthur, and Beg were likewise impeached of Treason, not by the whole kingdom, but by a few greedy wretches, who coveted their lands and goods. The good Aldermen desired to be delivered upon mainprize, by virtue of this Act of Parliament: the matter being debated, the same chancellor, who not long before obtained the benefit of the said statute; resolves the Protestant council in Law, that these catholic Aldermen could not, nor ought not have the benefit of the said Statute; but that they must be still kept in durance without bail or mainprize. Ex ore tuo te judico serve nequam: if the Statute was of force to bring the chancel our out of prison upon mainprize, though impeached of treason, by the whole kingdom; how much more should it be of force to bring out of prison, upon mainprize, the innocent Aldermen, who were impeached by two or three knights of the Post onely? 
Rem. 2.1.3.  for which cause thou art inexcusable, O man, whosoever thou be that judgest. For wherein thou judgest another, thou condemnest thyself; for thou dost the same thing, for which thou judgest and condemnest others. dost thou think thou shalt escape the iudgement of God? out of one and the same mouth two sentences or interpretations Diametrically opposite are delivered upon one& the same law or statut: against the catholic freeborn Native to restrain him; for the Protestant adventitions stranger to release him. Such Iudges look not on the law, by which they ought to be regulated, but on the persons, whom they sentence( without respect of law) according their affection or disaffection; so as their corrupt judgement, and sinister interpretation of the law( which they mould to what form, they please) and not the law itself, is that, which condemns the innocent. Quod justum est, iudicate, sieve Civis sit ille, 
Deut.  sieve peregrinus: nulla erit distantia personarum. To be a catholic was enough to make a good cause bad, and to be an heretic or zealous brother was enough to make a bad cause good. Iudicant secundum faciem, non secundum rectum judicium. Above six thousand head of cattle have those pillagers of Dublin taken away out of the Confederate catholics Quarters since these Cessations; for which no satisfaction or restitution was ever made, notwithstanding that the Supreme council itself frequently dealed with the council of Dublin by letters, messengers, and otherwise to compass the same. But of the proceeding of such kind of Iudges see more prolixly elsewhere. This I say, 
Dareyes ●… Queres particularly, the 2.3.8. &c. Sir Rich. black and Capt. Audly Mervins speeches.  to submit ourselves to the judicatures wherein such Iudges do sit, before they receive condign punishment for their injustice, were to cast ourselves headlong into an abyss of misery and servitude.  
45. Seeing nothing is concluded but a pacification, and no absolute Peace, which as yet is in expectancy; what mad men are we to strip ourselves of judicature, Revenue, arms, Government, offices, and all power before any redress be given us for the least grievance complained of, or injury offer to us? places of command as well in the Civill, as in the Martiall government, and chiefly vacant places should be immediately, actually and by particular Instances confirmed on the catholics( as I am credibly informed, even by some of the Committee of Instructions) yet wee see nothing performed, nor not so much as once mention made in all these Articles of the vacant places to be conferred on catholics. Seeing also this pacification can have no greater force than a Cessation of arms, wherein all things ought to remain in statu quo prius, why should we invert that order, and yield( without any necessity) to such unequal Conditions, as no Chronicle hath registered? 
Psal. 27.5.  Loquuntur pacem cum proximo suo, mala autem in cordibus eorum.    

§. 19. Observations on the eight and twentieth Article.  
46. AS by the 25. Article the government in general of the Confederate catholics is changed; so by this 28. Article the Command, Rule, and Government of their Cities, garrisons, Forts, &c. in particular is taken out of their hands. The Confederates do continue( saith the Article) the possession of such His majesties Cities, garrisons, Forts, and Castles, which are within their now Quarters, until settlement by Parliament. But to be commanded( mark it well, I pray you) ruled and governed in chief by such as His majesty, or his chief Governor, or Governors shall appoint. Thus far without any dependency of, or relation to the advice or consent of any the twelve Persons above chosen. Here cometh to be noted first, that the catholics have onely the naked possession of the Cities, &c. they preserved or recovered from the enemy, for the Kings use, wherein they are like to have no more power or liberty( if heretic subjects be Commanders in chief) than slaves have in Gallies: neither had this naked possession itself been left them, by their Adversaries, could they otherwise have taken it away from them by force. 2. That possession remaines in the catholics hands till settlement, when they are necessary to be removed, if the Protestant chief governor shall propound to both houses that such removal conduceth to the advancement of the Kings service, and Peace of the kingdom; for this power is left him by the second article of this Peace, and the Protestant governor will propound( wee may be sure) that the preservation of the Protestants, and suppression of catholics is necessary for the advancement of His Majesties service, and such a Proposition doth not trench on any thing concluded in these Articles in the behalf of the catholics. 3. Such inferior Governours must be Governours in chief in our Cities, &c. contrary to the Charters and privileges granted by His Majesties royal progenitors to such Cities, &c. 4. Suppose then, his excellency( according to this article) were( the Peace being accepted) to put in a governor in chief into Duncanon( the like discourse you may make of all other Forts, &c. in the Confederate catholics Command) what can hinder him to place in that fort( of so great importance) Lientenant Esmond, or any other heretic Commander, that formerly kept the same from King and country for the use of the Parliament? the catholics have good reason to suspect such kind of practices, seeing they see those very Rebells entertained in Dublin, as faithful subjects, who swore the oath of Covenant, and betrayed that Fort to the Parliament. This being done as well in that Fort, as in the rest of the Forts, Cities, or garrisons in the catholic Confederates Quarters, strong garrisons of Horse and foot, assuredly will be brought in, and then the magistrates and Inhabitants brought under the yoke; afterwards the Priests of Belial with their slows, and brats, throng in, and are, without blows put into quiet possession of our Churches and Church-livings by these new Governors in chief, against which there is no bar in these Articles of Peace. I could wish our Committee did remember that saying of the gospel; 
luke. 11.21.  when the strong armed keepeth his possession, those things are in Peace which he possesseth, but if a stronger than he come upon him, and overcome him, he will take away his whole armor whereon he trusted, and distribute his spoils. 5. Why was there not a particular Proviso made in this article, that general Preston, general O neal, and those other well deserving catholics, whom the Confederate catholics made Governours of such Forts and Cities, should be continued in their Government for security of Religion and country? But herein our Committee of treaty have been as provident, as they were in preserving places for our catholic Commanders in the Armies. Lastly, the treaty Peace is dated 28. March, 1646. and the naked possession of such Forts, Cities, &c. only as then were in the catholic Quarters is left them: for the Article saith( within their NOW Quarters) so as the possession of Roscoman, Bunratty, and all other Forts gained by the catholics since the foresaid 28. day of March, and hereafter to be gained by this social war must be given to our Adversaries, and peradventure to the Scots themselves; whereby all our future war will prove totally to the advantage of the Protestants and all other Sects, and to the disadvantage of the catholics; and yet the charge must lie entirely on the catholics.  
47. The Command, rule, and government being transferred unto the chief governor, and by him unto the Governors in chief, whom he alone is to appoint independent of any by the first branch of this Article, he is by the second branch, to issue Commissions, and appoint such persons as shall be name by His Majesties chief governor for the time being with the CONSENT and advice of any five of the foresaid twelve persons; for the EXECVTING of such Command, rule, or government: so as both the Command, the appointment and nomination of Commanders, and the giving of Commands unto such Commanders or Governors, as the chief governor shall think fit, is wholly and independent in him alone, wherefore as he may appoint, what tyrant, or heretic he please to govern the Forts and garrisons in the Confederate catholics Quarters, so may he give them what Commands he please, even to the destruction of Religion: And as there is no obligation on the chief governor to comply with any five of the foresaid twelve, in appointing or giving Commands to such Governours in chief, so is there no punishment inflicted by this Article on the Governours in chief in case they EXECVTE such Commands contrary to the advice and consent aforesaid, so as there is no security for Religion, King, and country. If the chief governor himself neglect to ask the advice or consent of any five of the foresaid twelve to the EXECVTION of any Commands he may give to such inferior Governor or Governors in chief, and refusing their consent would do the contrary, what remedy is provided for the distressed catholic? It is true that as the present Lord Lieutenant hath induced five of our Committee of Threatie, to condescend unto this unlucky Peace, so may he and his successors induce them to consent to the EXECVTION of what Commands he please: and if all fail the( the Command, Government, and possession being in his own hands he will force our entrusted party to consent unto such EXECVTION, or( at least) he will disdain to look after their consent.  
48. 
Thren. 1.5.  In fine my opinion is ( Salvo semper meliori judicio) that by this peace factus est hostis noster in capite; the heretics have in effect obtained what they themselves desired in their four and twenty bloody Propositions presented in the name of the Protestants to His majesty against the catholics, particularly, the establishment of Protestancie; suppression of popery; the continuation of the pretended Dublin Parliament; the dissolution of the government established by the Confederate catholics, the pessession of our arms and ammunition, the Command of our armies, and government of the Cities and Forts in our Quarters; the maintenance of the armies and garrisons by catholics, to destroy themselves; the Continuance of poinings act in force, as the Protestants desired in their 16. Proposition; the Continuance of all the penal laws in force against catholics, and the extirpation of catholics Prelates, clergy and Regulars, and consequently of all catholics percute pastorem,& dispergenturoves. And when all is done, we have heard our Committee of treaty confess, that there is no absolute Peace concluded, but an union or pacification onely: obstupescite caeli supper hoc. The pretended Protestants desire this union to preserve themselves; and shall catholics purchase the same with no less price than their own destruction? If the catholics adhere to the Protestants, when their own brethren( the Puritans, zwinglians, &c.) desert them, is it not the least favour the catholics should obtain at the Protestants hands to live in their own native soil with the full exercise of their Religiou in splendour and lustre, as the aucient fundamental laws of the kingdom have warranted& as the promise and solemn oath of their sovereignes have confirmed? This may suffice to prove the first part of this survey, and of the injustice of the late Peace, wherein I must conclude in this apostrophe to our honoured Committee; 
Aggai. 1.6.  seminastis multum& intulistis parum; and unto our distressed banished Noble men and Gentlemen, 
Math. 24.4.  that are led to embrace any Peace, Videte ne quis vos seducat. There is not one article of this Peace, that secures you of your lives, liberties or estates. The 15. article, by which an act of oblivion is granted hath its commencement, when it shalbe passed in the next Parliament. When the next Parliament SHALL BE, you have heard the Authors of the peace confess, it is unpossible to know, Nay say I, its morably unpossible that ever it SHALL BE, seeing it is morally unpossible that ever wee shall obtain the royal assent, at least, during the present state of things, the same they must confess, as touching all acts or ordinances past against you by the titular Parliament of Dublin, and as touching the indictements, &c. drawn against you, whereof in the third and fourth article. In the interim, how many of your heads may they chop off? what disposition& alienation of your lands may they not make? Constituerunt habitatores silios alienigenas in omnibus finibus vestris,& sort distribuerunt terram vestram. 1. Machab. 3.36.    

An admonition touching Glamorgan.  
IVdicious Reader, I have though fit to express more distinctly the treaty between the Marques of Ormond, 
Pag. 10.11.9.  and Glamorgan above mentioned: no surrender was made by Glamorgan of any power he had: the Counterpart of the articles agreed upon between him and the Confederate catholics onely was shown and given into the hands of the Marques of Ormond without any surrender or resignation thereupon, which Counterpart the Marques never hitherto restored. He laboured by obliqne ways to cause the earl to surrender un to himself his Patent of being general of the 10000. Men which the catholic Confederates were to sand into England, but the earl denied it, whence followed the proceedings well plotted to recall Glamorgans Commission, and thence to be the hindrance of succours to His majesty in resisting the Conspirators with many more, we doubt not, one and all if brought in trutinam.  
Laus Deo Deiparoque. Finis primae parcis.   

ERRATA.  
PAg. 29. l. yet. the is omitted. Pag. 30. l. 3.3. by trial is understood a legal or lawful trial. ibid. l. 12. inimici should be in the end of the 13. line. one Nation for on the Nation. Pag. 36. l. 22. for 60. read 600. p. 41. l. 1. red he was. Pag. 41. l. 23. red thus, so what law soever established. in England, was rejected in Ireland never, &c. pag. 65. l. red adventitious. l. 32. red offered. pag. 16. lin. 34. omit, of elsewhere which is put for with, and his for their. other errors are left to the correction of the judicious Reader.