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 ...

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

6. IT is Further concluded (by that Article) that for all mat∣ters concerning the first Proposition of the said Catholiques, viz. (that all Acts made against the professors of the Roman Catholique faith, whereby any restraint, penaltie, mulct, or incapacitie may be laid upon the Roman Catholiques within the kingdome of Ireland may be repealed, and the said Catholiques to be allowed the free∣dome of the Roman catholique Religion) that his Maiesties said Roman Catholique subiects be referred to His Maiesties gracious favour, and further Concessions. Note, by the first proposition above mentioned is understood the first proposition of the seaventeene proposed by the Confederate Catholiques unto his Majestie in Aprill. * 1.1 1644. and no concession granted by the Marques in his Majesties behalfe; wherein ma∣ny men have fouly erred, taking this for a grant, grace or fa∣vour conferred by His Majestie upon the Confederate Catho∣liques, which is indeed no other, than their demand or Propo∣sition unto His Majestie. The occasion of this Error was the wilfull obscuritie used by the Contrivers of this Peace, in couching our Proposition so cunningly, without parenthesis or distinction of Characters, as the unwary Reader might take that for His Majesties Concession, which is but our owne Propo∣sition, and thinke himselfe to be exempted from the Penall Lawes, and to bee allowed freedome of Religion; whereas in ve∣ry deed there is no such matter; the Penall Lawes lye alwayes

heavily on the Catholiques shoulders, and insteed of taking them away, they are referred (forsooth) to His Maiesties gracious favour and further Concessions: as if his Majesties Subjects could not have accesse unto him, or participate of His gracious favours, without such an idle reference and frivolous Article. His Maje∣stie by the provocation of new Statists refers our Agens from England unto His Commissioner in Ireland, and His Commis∣sioner in Ireland (after he had pomp'd us out drie) refers us backe unto His Majestie in England; so our grievances are re∣dressed; so our Religion (which promise Royall, solemne oath, and ancient fundamentall lawes have warranted unto us) is se∣cured. Might not our Committee of treatie after three yeares labour, and the consumption of more money, * 1.2 than would maintaine an Army in the field for halfe a yeare, truly say; Prae∣ceptor per totam noctam laborantes nihil cepimus? Be it spoken without disparagement to any (for in the cause of God wee must not feare to publish the sense of our soules) they cast not their nets on the right, but on the left hand, they seemed not to have looked so purely on Gods cause, as on flesh and blood. At that very time when His Majestie by the instigation of the Parliamentary and Scots Rebells commanded the Lord Mar∣ques of Ormond by his Missive Royall dated the 11. of Iune, 1646. To proceede no further in treatie with the Irish, and not to en∣gage him vpon any condition with them after sight of the same let∣ters, yea even then when his Majestie was in no better Conditi∣on, than of a prisoner with the Scots, & consequently, not at his owne libertie to give the Irish any favours, or further Concessions, it pleased our vigilant Committee of the Treatie to renounce all foregoing favors granted by his Majestie, and to rely on fu∣ture favors and further Concessions, which (while His Maje∣stie is in that posture) are impossible to be obtained.

7. Before the effusion of so much blood by Heretiques, the exile of so many noble Catholiques, the devastation of so many Cities, Townes & Counties, the depredation of so many thou∣sands of the Kings subjects, we received a far better answer from His Majestie himselfe, even upon this first proposition, as ap∣peareth by the answers to our Propositions printed at VVaterford in the yeare 1644. yea before our Agents left England, they re∣ceived

far better satisfaction from His Majestie himselfe and had there made a happy Conclusion, had not the private letters of Statists (who are now like to sincke in their owne presump∣tion) given impediment thereunto. Time run out, and His Majesties affaires begun to decline in England, which moved him to looke for succours from his Catholique subjects in Ire∣land, whose religion taught them to preserve faith to God, and loyaltie to their Soveraigne. Wherefore by his letter dated 27. February, 1644. he commanded the Marques of Ormond, to con∣clude a Peace with the Irish, whatsoever it cost, &c. And if the suspension of Poynings Act for such Bills, as shall be agreed upon be∣tweene you there (saith His Majestie) and the present taking away of the penall Lawes against the Papists by a law, will doe it, I shall not thinke it a hard bargaine, &c. This letter comming to the Marques of Ormonds hands was suppressed from the know∣ledge of the Confederate Catholiques; by which human poli∣cie all succours from Ireland to His Majestie into England were hindred, which was no small occasion of his Majesties present deplorable condition.

8. In the interim, His Majestie observing, that His letters and Commands were sleighted, and our succours in his pres∣sing necessitie thereby retarded; was pleased to give a speciall Commission to Glamorgan, dated at Oxford the 12. of March, 1644. authorizing him to treate and conclude with the Confede∣rate Catholiques of Ireland, * 1.3 if upon necessitie any thing should be condescended unto wherein His Majesties Lord Lieutenant could not be so well seene in, as not fit for His Majestie at the present pu∣bliquely to owne &c. This Commission with the foresaid letter of the 27. of February coming to the knowledge of the Confede∣rate Catholiques in August 1645. being then assembled at Kilken∣ny, caused the Marques of Ormond to use speedie prevention, least he should be excluded from sharing in the honour of the expected Peace wherfore he sends up to the Assembly his letter, with a paper therein inclosed, * 1.4 wherein was contained a briefe of such graces and Concessions, as he (in His Majesties Name) was pleased to grant unto the Catholiques. In the very first branch whereof, not a repeale of the penall Lawes, as His Maje∣stie commanded, but an exemption from penalties, and incapacities

by reason of the exercise of our Religion, namely, for saying or hearing Masse, for hearing or making Confession, for giving or receiving absolution; for keeping a Priest; for Preaching of the VVord of God; or administring the Sacraments. Item that the High Commission Court, and abuses of excommunication in the Article, &c. should be taken away; that the Catholiques may suy their Liveris and Ouster les mains, upon taking the Oath of Alle∣giance onely. And this was the answer then given by the Lord Marques to our first Proposition above mentioned n. 6. and read 14. Augusti. 1645. in the Assembly then held at Kilkenny: which, though it was far better than the answer given to the said proposition in this first Article of Peace, well nigh twelve moneths after, yet was it then rejected by the Assembly, chiefe∣ly because therein was no mention made of Churches, Church∣livings, or spirituall iurisdiction. Now what power our Coun∣cell or Committees had from the Assembly to conclude a Peace (even then when we were in a better posture, than ever) upon worse conditions than those, which were offered unto us, when wee were not in halfe so good a posture, I have not read in the journals, either of that or the following Assembly. To tell us, they relyed on Glamorgans Articles, is frivolous, as you shall heare in the third paragraphe. Wee could wish they did indeed rely constantly & resolutely, thereupon then should we little neede such frequent, tedious, and chargeable recourse to Dublin, to make a new Peace with them, who had lesse power, than Glamorgan. If they laboured so much to preserve Religi∣on, King, and Countrey, as they laboured to preserve them, whose courses they saw, were directed, to destroy Religion, King, and Countrey, they should, and lawfully might, by ver∣tue of Glamorgans commission proceed against them with as much violence and hostilitie, as ever they proceeded against Scot or Parliament.

9. On the 25. of August, 1645. the Peace was concluded with Clamorgan; the conditions thereof were upon oath to be be kept secret, least the publication should prove prejudiciall to His Majestie, who had no lesse cause to feare his owne bo∣some friends at home and in Dublin, than hee had to feare the Parliament and the Scot. The Seale of secrecie being broken,

and all things revealed to the Marques of Ormond by some (as is suspected) of our owne Councell or Committes (though it be father'd on others) hee, who of all others should keepe such matters secret, published the same to the whole world. The Marques, Lord Digbie and others joyne their heads together: * 1.5 convenerunt in unum adversus Dominum & adversus Christum, * 1.6 eius. The Marques solemnely invites Glamorgan to keepe Christmas in Dublin. (seorsim adduxit Abnerem Ioab ad medium portae, ut loqueretur ei in dolo.) Where hee is intertai∣ned with close imprisonment in the Castle. The Emulous of Corrivals and enemies of religion sollicite the noble Catho∣lique to quit or surrender what power and Commission they then understood, hee had from the King. He (knowing what other more ample power hee had, which came not unto their knowledge, and fearing to come unto the Parliament-clawes) surrenders that power or commission, they knew he had; yet had not that surrender procured his libertie, were it not that the Catholique Confederats resolved to purchase it by their armes and blood.

10. The emulous are ever suspicious, and the ambitious never secure. They observed Glamorgan after his release to pro∣secute his Commission with the Confederats, and preparations made by the Catholiques to succour His Majestie, wherefore another meane is excogitated; * 1.7 to wit an instrument of revoca∣tion of Glamorgans power is framed (its said) in Dubliu, but dated at Oxford the 29. of Ianuary, 1645. which gave occasion to Noble Glamorgan and the kingdome to desist from the pro∣secution of their intended succours. The Marques being now freed from competencie with any corrivall, as he supposed (at videbis oemulum tuum in templo, * 1.8 in universis prosperis Israel) presseth on the conclusion of a peace by himselfe. A new Com∣mission for a treatie is obtained 6. Martij 1645. from the new Councell, who were made, but foure dayes before. The Ar∣ticles of Peace (which were long before a moulding) are posted on, and delivered by the Viscount Muskery. 14. eiusdem, to M. Darcy, at eight of the clocke at night, and signed and sealed only, the 28. of the same moneth, maugre the opposition of the Lord Nuncius, the Lord Glamorgan, and the generall Assembly held

at Kilkenny the February before, as you shall heare more fully hereafter. With like opposition were the same Articles illegally DELIVERED in the Lord Marques his cabinet in the mid∣night of secrecie the 29. of Iuly 1646. after the Catholiques trophees erected against their Enemies in Vlster and Connaught, and after the knowne revocation of the Marques of Ormonds Commission by His Majesties aforesaid letter dated 11. Iunij, 1646. The officious proctors who were fellow-labourers in inhancing this Peace, are known to be such as lent thousands of pounds to the Marques of Ormond since these tumults, who are thought, to hazard their Religion to secure their moneyes! How such kinde of CREATVRES have crept into our Councell and Committees, the world hath admired. Some Ar∣guses have observed, that matters of secrecie, which concerned the King, if they trench'd on Ormond, were revealed; other secrecie which concerned Ormond, though they touched Re∣ligion, King and Countrey, were kept with asmuch priva∣cie, as the things contained in the booke of the seaven seales; * 1.9 whence they inferre that our people intention was not so purely for Religion, King and Countrey, as for flesh and blood.

11. Our Committee, to excuse themselves, impose the fault on the Marques, affirming, that whensoever they demanded any of those first promised conditions, * 1.10 hee alwayes thwarted their demand by some contrary proposition: for example, when they demanded the free exercise of their Religion, accor∣ding to his own overture in publique assemblie, hee answered; you shall indeed, but not in Churches. When they demanded the repeale of the penall laves made against the Catholiques; hee returned this frivolous answer, that such repeale could not be, granted, without the repeale of the penall lawes made against the Protestants also; whereby they were obliged to heare or reade the Booke of Common Prayer in Churches, whereunto hee would not condescend; tacitly intimating thereby, that he resolved in oportune time to deprive us of our Churches. If such sly evasions were reply-worthy, it might be asked, what connexion is there betweene the penall lawes made against the Catholiques and those made against the Protestants, that the one can not be repealed without the other? are not the lawes,

the branches and members thereof distinct? If there were no Churches in rerum natura, would the Protestants incurre the penalties of the law, if (in that case) they reade not the booke of Common Prayer in Churches? or if their devotion be so siry, as they will needs reade their prophane service in Churches; why build they not Churches for themselves? or why might not a kitchin, or stable serve them for a Church, and a tub for a pulpit, as it serves their zealous brethren in England, but needs they must prey on the Catholique Churches? why doe they not renounce the Popish Churches and Church-livings, as they renounce the Popish doctrine and regular discipline? whence sprung this late hatch'd zeale in those Sect-masters, who in one yeare demolished or prophaned ten thousand Churches, monasteries and Sancturies? some are of opini∣on (but I'le suspend my judgement) that such luke-warme Brethren should be assigned for the exercise of their devotion, such Churches as they may lay hold on in the Antipodes, or in Concavo Lunae, where they may be separated from the Tents of Israel, from the botch of Poperie, to speake in their dialect. That moves me to laughter, to see the fervour of the brethren of Dublin endevouring to preserve the use and exercise of the Booke of Common Prayer, when as all Scotland, and all the Parliamentaries of England, and Ireland, have, even by the * 1.11 kings owne consent, rejected the same; and I believe the Mar∣ques himselfe hath (ere now) cast of his devotion to it, if hee hath cast off his loyaltie to his Soveraigne, as is said, hee hath. Now when all the Heretiques of these three Ilands have reje∣cted that Babill, must the Catholiques of Ireland preserve it, and become Vltores Baal?

12. But I returne from this small digression: whether shall wee applaude the Marques, for his zeale in defence of his abortive Sect, or reprehend our Committee for pusil∣lanimitie in defence of the Catholique faith? whether shall wee accuse the Marques for recoiling from his solemne promise; or our Agents for transcending their Commission? the Marques for transgressing his Masters commands, or our Agents for contemning them? Lapis offensionis, Glamorgans ar∣ticles, were thought to have beene removed, and that gave

occasion of Ormonds retrocession. But if neither honour to God, advance to Religion, securitie to Soveraigne, libertie to subject did result from this Peace? if neither necessitie on our part, nor utilitie on the Kings part, no obligation of Law, did enforce this Peace, what reasonable motive could there be to induce our Agents to condescend thereunto? * 1.12 frater enim & ca∣ro nostra est. I am ashamed to speake what those of most inte∣gritie amongst that Councell and Committees have ingeniou∣sly confessed, that if they consented not to this fatall peace, they were like to have a rupture, or division among themsel∣ves, so powerfull was the faction, even in our owne bosome. If any motion were made in our Councell or Committees in the behalfe of the Marques of Ormond, the * 1.13 soundest part of either, dared not open their mouth against it, being assured, his opposition would be (notwithstanding all oath of secrecie) revealed in Dublin; So as the Marques was noted to have more power and authoritie in our Councell and Committees than he had in his owne Councell in Dublin. What did we gaine by joyning with him, who had neither men, meate, money, or ammunition, but what he had from our own hands, and what should we loose by being at distance with him, who (notwith∣standing the excessive impositions and excises taken up from those of his quarters these three yeares past) was as unable, as unwilling to use any act of hostilitie against the Kings enemies in this kingdome? * 1.14 Prudentibus loquor vos ipsi iudicate quod dico more elsewhere.

Notes

• * 1.1

  The fraud of the se∣cond branch discovered
• * 1.2

  Luc. 5.5.
• * 1.3

  Glamor∣gans Com∣mission.
• * 1.4

  Ormonds Concessi∣on.
• * 1.5

  Psal. 2.2.
• * 1.6

  2 Reg. 3.27.
• * 1.7

  Revocati∣on of Gla∣morgans Commissi∣on.
• * 1.8

  2 Reg. 2.32.
• * 1.9

  Apoc. 5.1.
• * 1.10

  Sup. n. 8.
• * 1.11

  (a) Pro∣clam. cal∣ling it backe from Scotland, and declar. 29. Ianuar. 1645. Iudic. 6.31.
• * 1.12

  Gen. 37.27.
• * 1.13

  * These are called by factionists the ill-af∣fected of the Coun∣cell.
• * 1.14

  1. Cor. 10.15.