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

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

46. AS by the 25. Article the government in generall of the Confederate Catholiques is changed; so by this 28. Article the Command, Rule, and Government of their Cities, Ga∣risons, Forts, &c. in particular is taken out of their hands. The Confederates doe continue (saith the Article) the possession of such His Maiesties Cities, Garisons, Forts, and Castles, which are within their now Quarters, untill settlement by Parliament. But to be commanded (marke it well, I pray you) ruled and governed in chiefe by such as His Maiestie, or his chiefe Governor, or Governors shall appoint. Thus farre without any dependencie of, or relation to the advise or consent of any the twelve Persons a∣bove chosen. Here commeth to be noted first, that the Catho∣liques have onely the naked possession of the Cities, &c. they preserved or recovered from the Enemie, for the Kings use, wherein they are like to have no more power or libertie (if heretike subjects be Commanders in Chiefe) than slaves have in Gallies: neither had this naked possession it selfe beene left them, by their Adversaries, could they otherwise have taken it away from them by force. 2. That possession remaines in the Catholiques hands till settlement, when they are necessa∣rily to be removed, if the Protestant Chiefe Governour shall pro∣pound to both houses that such removall conduceth to the advance∣ment of the Kings service, and Peace of the kingdome; for this po∣wer is left him by the second article of this Peace, and the Pro∣testant Governour will propound (wee may be sure) that the preservation of the Protestants, and suppression of Catho∣liques is necessarie for the advancement of His Majesties ser∣vice, and such a Proposition doth not trench on any thing

concluded in these Articles in the behalfe of the Catholiques. 3. Such inferiour Governours must be Governours in Chiefe in our Cities, &c. contrarie to the Charters and priviledges granted by His Majesties Royall progenitors to such Cities, &c. 4. Suppose then, his Excellencie (according to this article) were (the Peace being accepted) to put in a Gover∣nour in Chiefe into Duncanon (the like discourse you may make of all other Forts, &c. in the Confederate Catholiques Com∣mand) what can hinder him to place in that fort (of so great importance) Lientenant Esmond, or any other heretique Com∣mander, that formerly kept the same from King and Countrey for the use of the Parliament? the Catholiques have good rea∣son to suspect such kinde of practises, seeing they see those ve∣ry Rebells entertained in Dublin, as faithfull subjects, who swore the oath of Covenant, and betrayed that Fort to the Parliament. This being done aswell in that Fort, as in the rest of the Forts, Cities, or Garisons in the Catholique Confede∣rates Quarters, strong Garisons of Horse and Foote, assuredly will be brought in, and then the Magistrats and Inhabitants brought under the yoake; afterwards the Priests of Belial with their yoke-fellowes, and brats, throng in, and are, without blowes put into quiet possession of our Churches and Church-livings by these new Governors in Chiefe, against which there is no barre in these Articles of Peace. I could wish our Com∣mittee did remember that saying of the Gospell; * 1.1 when the strong armed keepeth his possession, those things are in Peace which he pos∣sesseth, but if a stronger than he come upon him, and overcome him, he will take away his whole armour whereon he trusted, and di∣stribute his spoiles. 5. Why was there not a particular Pro∣viso made in this article, that Generall Preston, Generall O Neale, and those other well deserving Catholiques, whom the Con∣federate Catholiques made Governours of such Forts and Ci∣ties, should be continued in their Government for securitie of Religion and Countrey? But herein our Committee of treatie have been as provident, as they were in preserving places for our Catholique Commanders in the Armies. Lastly, the treatie Peace is dated 28. March, 1646. and the naked possession of such Forts, Cities, &c. only as then were in the Catholique Quar∣ters

is left them: for the Article saith (within their NOW Quarters) so as the possession of Roscoman, Bunratty, and all other Forts gayned by the Catholiques since the foresaid 28. day of March, and hereafter to be gained by this sociall warre must be given to our Adversaries, and peradventure to the Scots themselves; whereby all our future war will prove totally to the advantage of the Protestants and all other Sects, and to the disadvantage of the Catholiques; and yet the charge must lye entirely on the Catholiques.

47. The Command, rule, and government being transfer∣red unto the Chiefe Governour, and by him unto the Gover∣nors in Chiefe, whom he alone is to appoint independent of any by the first branch of this Article, he is by the second branch, to issue Commissions, and appoint such persons as shall be named by His Majesties Chiefe Governour for the time be∣ing with the CONSENT and ADVISE of any five of the foresaid twelve persons; for the EXECVTING of such Com∣mand, rule, or government: so as both the Command, the appointment and nomination of Commanders, and the giving of Commands unto such Commanders or Governors, as the Chiefe Governour shall thinke fit, is wholly and independent in him alone, wherefore as he may appoint, what tyrant, or heretique he please to governe the Forts and Garisons in the Confederate Catholiques Quarters, so may he give them what Commands he please, even to the destruction of Religion: And as there is no obligation on the Chiefe Governour to comply with any five of the foresaid twelve, in appointing or giving Commands to such Governours in Chiefe, so is there no punishment inflicted by this Article on the Governours in Chiefe in case they EXECVTE such Commands contrarie to the advise and consent aforesaid, so as there is no securitie for Religion, King, and Countrey. If the Chiefe Governour himselfe neglect to aske the advise or consent of any five of the foresaid twelve to the EXECVTION of any Commands hee may give to such inferiour Governor or Governors in Chiefe, and refusing their consent would doe the contrarie, what re∣medy is provided for the distressed Catholique? It is true that as the present Lord Lieutenant hath induced five of our Com∣mittee

of Threatie, to condescend unto this unluckie Peace, so may hee and his successours induce them to consent to the EXECVTION of what Commands hee please: and if all faile the (the Command, Government, and possession being in his owne hands hee will force our intrusted partie to con∣sent unto such EXECVTION, or (at least) he will disdaine to looke after their consent.

48. * 1.2 In fine my opinion is (Salvo semper meliori iudicio) that by this peace factus est hostis noster in capite; the heretiques have in effect obtained what they themselves desired in their foure and twenty bloody Propositions presented in the name of the Protestants to His Majestie against the Catholiques, particular∣ly, the establishment of Protestancie; suppression of Poperie; the continuation of the pretended Dublin Parliament; the disso∣lution of the government established by the Confederate Ca∣tholiques, the pessession of our armes and ammunition, the Command of our Armyes, and government of the Cities and Forts in our Quarters; the maintenance of the armyes and Ga∣risons by Catholiques, to destroy themselves; the Continu∣ance of Poynings act in force, as the Protestants desired in their 16. Proposition; the Continuance of all the penall lawes in force against Catholiques, and the extirpation of Catholiques Pre∣lates, Clergie and Regulars, and consequently of all Catholiques percute pastorem, & dispergenturoves. And when all is done, we have heard our Committee of Treatie confesse, that there is no absolute Peace concluded, but an union or pacification onely: obstupescite caeli super hoc. The pretended Protestants desire this union to preserve themselves; and shall Catholiques purchase the same with no lesse price than their owne destruction? If the Catholiques adhere to the Protestants, when their owne bre∣thren (the Puritans, Zuinglians, &c.) desert them, is it not the least favour the Catholiques should obtaine at the Prote∣stants hands to live in their owne native soile with the full exer∣cise of their Religiou in splendour and lustre, as the aucient fun∣damentall lawes of the kingdome have warranted & as the pro∣mise and solemne oath of their sovereignes have confirmed? This may suffice to prove the first part of this survey, and of the in∣justice of the late Peace, wherein I must conclude in this a∣postrophe

to our honoured Committee; * 1.3 seminastis multum & intulistis parum; and unto our distressed banished Noble men and Gentlemen, * 1.4 that are lead to embrace any Peace, Vide∣te ne quis vos seducat. There is not one article of this Peace, that secures you of your lives, liberties or estates. The 15. arti∣cle, by which an act of oblivion is granted hath its commence∣ment, when it shalbe passed in the next Parliament. When the next Parliament SHALL BE, you have heard the Authors of the peace Confesse, it is unpossible to know, Nay say I, its mora∣bly unpossible that ever it SHALL BE, seeing it is moral∣ly unpossible that ever wee shall obtaine the Royall assent, at least, during the present state of things, the same they must con∣fesse, as touching all acts or ordinances past against you by the titular Parliament of Dublin, and as touching the indictements, &c. drawne against you, whereof in the third and fourth ar∣ticle. In the interim, how many of your heads may they chop off? what disposition & alienation of your lands may they not make? Constituerunt habitatores silios alienigenas in omnibus finibus vestris, & sorte distribuerunt terram vestram. 1. Machab. 3.36.

Notes

• * 1.1

  Luc. 11.21.
• * 1.2

  Thren. 1.5.
• * 1.3

  Aggai. 1.6.
• * 1.4

  Math. 24.4.