Church did positively recall all Commissions given to such Committees or Agents as the Clergy of Ireland hath done in this present peace How generall soever a Commission may be yet this exception is alwayes involved therein that nothing that is unlawfull may be done by vertue thereof mandatum si generale sit solum prohibet quae licita non sunt which the law exemplyfieth by this case if a Commission be given to elect any one in generall tearmes to any dignity office or benefice it is to be understood that a fit one be chosen Vnde mandatum de aliquo eligendo intelligitur de eligendo idâ—neo What could be done more unlawfull in the execution of any Commission than what hath beene done by our Committee of Treaty in the execuâ—ion of their commission they rejected the graces our Soveraigne granted unto us for gayning whereof they had a Commission and engaged the kingdome in matters of high concernment for which they had no commission Can that peace be a good peace wherein thereis no securitie for our Religion lives liberties or estates The limitation of our Committee of treaties Commission proved out of the Modell of government by which Magna Charta is to be maintayned and the Church livings granted to the Catholicke Clergy 39. In the very first Article of the Modell of Government I reade thus Inprimis That the Roman Catholicke Church in Ireland shall have and enioy its priviledges and immunities according tâ— the GREAT CHARTER enacted and declared within the Realme of England in the ninth yeare of the raigne of King Henry the second sometimes King of England and Lord of Ireland and ofterward enacted and confirmed in Ireland and that the common-law of England and all the statutes in force in this kingdome which are against the catholicke Roman Religion and liberties of the Natives Marke the resolution to procure the repeale of the penall lawes c and other subiects of this kingdow shal be observed c. That every branch of MAGNA CHARTA all other statutes confirming expounding or declaring the same shal be punctually observed Know yee saith the King in that Charter That we in the Honour of Almighty GOD the SALVATION of the SOVLES of our Progenitors and Successors Kings of England to the ADVANCEMENT of HOLY-CHVRCH and the amendment of our Realme of our meere and free-will have given and granted unto the Archbishps Abbots Pryors c. That the Churches of England shall be free and shall have all her whole rights and liberties inviolable Reserving to all Archbishops Abbots Pryors Templers Hospitlers Earles Barons and all persons aswell Spirituall as Temporall all their free liberties and free customes which they had-in times past and all these customes and liberties aforesaid which we have granted to be holden within this our Realme asmuch as pertayneth to us and our heires we shall observe And all men of this our Realme aswell Spirituall as Temporall asmuch as in them is shall observe the same against all persons in likewise This great Charter which contayneth the immunities of the Church and liberties of the Subject hath beene confirmed by thirty Parliaments in the succession of 18. Kings Edward the third in the 14. yeare of his raigne augmented the same by the addition of five speciall priviledges granted the Church and Clergy and in the 25. yeare of his raigne added a surplus of nine priviledges more And this is it which the Earle of Glamorgan hath in part granted unto us and which our Kings of England have sworne to maintayne unto us Henry the 8. indeed deprived us of the benefit thereof I wish our owne bosome friends at home had not too neerely imitated him In all the articles of peace there is not somuch as once mention made of this GREAT CHARTER though it be the first and prime article the kingdome resolved to insist upon 40. In the six and twentieth Article of the same Modell of Government It is ordered and established that the possessions of the Protestant Archbishops or Bishops Deanes Dignitaries and Pastors in the right of their respective Churches or their Tenants in the beginning of these troubles shall be deemed taken construed as the possessions of the Catholicke Archbishops Deanes Dignitaries Pastors and their Tenants respectively to all intents purposes and that those possessions are intended within the precedent order for setlement of possessions And this publicke order of the kingdome you see is conformable to MAGNA CHARTA for somuch and agreable to the publick Declarations of the kingdome and other acts of Assembly The like limitation of the same Commission is expressed in both our declarations made anno 1642. 41. In our Declaration printed in France 1642. we declared it to be a meanes to reduce Ireland to peace and quietnes among other things that by act of Parliament it be declared that the Parliament of Ireland hath no subordination to the Parliament of England that Poynings act the penall lawes be repealed That all Marks of nationall distrinction betweene English and Irish be taken away by act of Parliament That the Bishopricks Deaneries and all other spirituall promotions of this Kingdome and all Frieries and Nunneries may be restored to the Catholique owners and that Impropriations of tiâ—hes may be likewise restored and that the scity ambits and precincis of the Religious houses of the Moâ—ks may be restored to theÌ„ but as to the residue of their temporall possâ—ssions it is not desired to be taken from the present proprietareis but to be left to them untill that God shall otherwise encline their owne hearts That all Plantations made since a. 1610 may be avoyded by Parliament if the Parliament should hold this act â—ust and their possessions restored to those or their heires from whom the same was taken they neverthelesse answering to the Crowne the rents and services proportionably reserved upon the undertakers 42. In our Remonstrance delivered to His Majesties Commissioners at the towne of Trim 17. March 1642. among many other grievances we desired redresse against the penall lawes of 2. Eliz. imposing incapacities on the Catholiques in places of trust honour or profit both in Church and Commonwealth against false inquisitions taken upon feined titles of the Catholiques estates against many hundred yeares possession against the two impeached Iudges who illegally avoided 150. letters patents in one morning for securing the subjects lives liberties and estates for exempting the Parliament of Ireland from any dependency on the Parliamâ—nt of England and for the power and authoritie of the same Parliament of Ireland against the dismembred Parliament of Dublin against the Continuance of poynings ast the lawes and incapacitie to sit in the next Parliament While our Commissioners the Lord Viscount Gormanston Sir Luke Dillon Sir Robert Talbot and Iohn VValsh Esquire presented this Remonstrance to his Majesties commissioners at Trim 17. March 1642. with hopes of redresse for our grievances and a happy accommodation the Marques of
Sapientiae my language is low my conceptions plaine my thoughts the best to Religion and Contry I doubt not many iudgements will pass vpon me some will terme me precipitant others hott and others bitter I can giue to all the answere of S. Paul si hominibus placerem Christi seruus non essem Nor are my lines to feede mens humour but with reasons to ouercome theire vnderstanding I may be precipitant out of weaknes of reason and hot out of frailtie of nature but bitter I am not out of malice If the purgation proue bitter the Patient may not blame the nature of his Phisician but the malignant nature of his owne disease Renowned Catholikes Religion and Ireland are vnder your hands you haue it in your power next God to kill or saue both I know you all intend to make a peace let it be a good one I haue remoued a blocke out of your way I meane that vniust inualid coloured peace vniō is the onely way to make a good peace or a good warre vnion will saue you and diuision will destroy you My prayers shall euer be ut pacis non dissentionis Deus may be euer with you I am your most humble seruant Walter Enos Aduertisments to the Reader Firstnote that the worke is compleat though the pages 36. and 41. meete not together because the worke was printed in seuerall places 2. the number of ministers Coates mentioned pag. 12. n. 11 are but. 4. surplisses 7. and so many Robes for Doctors they resolued to walke in station to possesse our Churches 3. the Lawyer mentioned pag. 117. n. 76. is not learned Mr. Darcy but Mr. T. T. 4. If lay men should take upon them to Censure this worke which hath beene approued by the Clergie thei are excommunicated in bulla caenae see Tolet. excom 9. Trid. sess 23. c. 23. de Reformat totam dist 96. 11. q. 1. authent vt Cleri proprios iudices conueniant collat 6. yet is it left free to any man to refute if he can the arguments produced by the Author THE SECOND PART OF THE SVRVEY OF THE Articles of the late rejected Peace wherein the invaliditie and nullitie of the said Peace is evidently proved out of many heads or causes 1. IN the first part of this Survey we proved the injustice and iniquitie of the said Peace by notable observations on cach or most of the Articles included in the same peace In this second part wee further proceede to prove also the invaliditie and nullitie thereof out of those heads or causes which are expressed in the lawes and accepted as generall Maximes among Divines and Lawyers to the end the Catholique Confederates may be rightly enformed how farre they are exempted from any obligation to embrace such a Peace in the contriving whereof injustice accompanied with nullitie had full and perfect concurrence As in other Contracts so in Contracts past by mandate or Comission the nullitie and invaliditie thereof is derived from many sources or heads Six are principally enumerated by Schoolemen in contractu mandati and among those six that nullitie or invaliditie which proceeds from the revocation of their Commission that have power to treate conclude the contract before they have concluded any such Contract hath a prime place That the like revocation of the Commissions or mandates given to the Marques of Ormond and to our Committee of the Treatie hath hapned in the concluding of this Peace before the same was concluded is the point among other which we are to prove in the following paragraphes In the. §. 1. The invaliditie of the foresaid Peace is proved by the revocation of the Marques of Ormonds Commission given him to conclude a Peace before the same was concluded 2 THis invalide and unjust Peace was indeed signed and sealed by five of our Committee on the 28. of March 1646. but never DELIVERED interchangeably by both parties untill the 29. of Iuly following during the interjacent time it lay as an Escroule or Scroule on the hands of the Marques of Clanrickard without any power or force to oblige in law either parties Though this be a truth confessed in private by the Committee of Treatie and well knowne to the then Supreme Councell and Committee of Instructions yet because the knowledge thereof is suppressed from the rest of the Confederate Catholiques and that the Peace hath beene published as if the same were absolutely concluded on the 28. of March I here thinke fit to discover the mysterie of iniquitie out of that which I sinde written by Mr. Darcyes owne hand one of the five that signed and delivered the said Peace on the out-side of the manuscript draught of the articles of Peace delivered by Mr. Plunket himselfe in VVaterford to the Congregation of both Clergies Signed and Sealed ONLY note the exclusive partticle ONLY 28. March 1646. anno 22. Regis Caroli in the presence of the Lord Digby Sir Maurice Eustace Doctor Fennell and George Lane and DEPOSITED on the Marques of Clanrickards hands till 1. May and untill the ten thousand be sent into England Thus farre one note In another note there written I reade thus This meaning the Articles of Peace was DELIVERED 29. Iuly 1646. in my Lords STVDY by my Lord Lieutenant on the one part Lord of Muskery Sir Robert Talbot Iohn Dillon Patricke Darcy and Geofrey Browne of the other part witnessed by the Marques of Clanrickard Lord Taaffe Lord Digby Monsieur du Moulin the French Agent and Daniel O Nealc Present besides the Earle of Roscoman Lord Dillon Colonell Trafford and George Lane c. on the same 29. day of Iuly and not before the defeasance which past betweene the Marques of Ormond and our Committee obliging the kingdome to send over 10000. men were cancelled and an Instrument avoyding the defeazance then perfected witnessed ut supra saith a third note written also by Mr. Darcyes owne hand on the foresaid manuscript Copie 3. By all which it appeareth that the Peace was never concluded untill the 29. of Iuly and that both parties did suppose the same for a certaintie aswell because they never cancelled the foresaid defeazance untill the foresaid 29. day of Iuly as also because the Marques of Ormond having before that day received His Majesties letter revoking his Commission supposing himselfe not to be obliged by any act that passed on the 28. of March rejected our Committee of Treatie and would by no meanes proceede to the conclusion of the foresaid peace affirming that his Commission was recalled and that he had no authoritie to treate further with them as you shall heare as yet more hereafter This is further confirmed by the letters of the late Supreme Councell and Committee of Instructions dated at Lymericke the first of Iune 1646. delivered unto the Lord Nuncius where they confesse the Peace was not then concluded but that shortly they expected the same to be both concludedand published 4. We presse the
the Confederates to be preserved for the Kings most excellent Maiestie that all hopes may be cut off from the Puâ—itans who perpetually thirst after the possession thereof c. I trow this should be a forewarning prevalent enough with our Councell and Committees not to conclude a peace with the Marques upon such base conditions as they have done §. 12. The Councell and Committee of Instructions Latine answer 1. Iunij 1646. to the foresaid letter and protestation abriged into English 8. IN the first place they acknowledge the receit of the letter and protestation doe observe the resolution of the Lord Nuncius and Clergie to be such as he will have no peace at any hand concluded with the Kings Commissarie unlesse first the splendor of the Catholique Roligion be established and with the articles published In the second place they admire that the protestation came not sooner unto their hand and at length they answer that the weakenesse and necessitie of the Confederate Catholiques enforceth them to a peace that by publique declaration printed 1642. and by their Agents they sent to the Pope and other Christian Princes to demand aide that for the space of five yeares warre they received not so much succour as would defray the charge of warre for two moneths time that they looked onely for as much meanes as would maintaine 15000 foote and 2000. horse for six moneths times and they would undergoe all hazards and endure all discommodities to increase the splendour of the Catholique Religion through all parts of this Kingdome which they obtained not The consideration of these things say they and the obedience due to his Majestie enforceth them to make ANY PEACE to prevent the fatall miseries of VVarre and the sudden ruin of Religion and Nation 9. Yet they tell the Lord Nuncius that they resolve to ratifie marke the phrase I pray you ratas habere Glamorgans concessions granted by the Kings authority and to endevour by the authority of the See Apostolicke and the mediation of other Catholicke Princes to obtayne more plentifull graces for the establishing of the Catholicke Religion that in the Treaty of peace there was place left for further priviledges of the Catholicke Religion They further affirme that in the last treaty at Dublin nothing was done without consulting the Nuncius and that according his desire the Conclusion marke that hitherto the peace was not concluded therefore they were as yet at liberty to conclude the peace or not conclude it and publication of the peace was deferred untill the Calends of May least any impediment should be given to the coÌ„ditions which were expected by that time to come but are not yet come They pray his Grace to take notice if it shall happen the peace shortly to be concluded and published without the promulgation of Glamorgans concessions that same is pro re and to the greater good of the Religion 10. They proceede further aggravating the present state of the kingdome in the temporality Mounster exhausted with warre cherisheth many enemies in her bosome who daily increase by the patronage of the Parliament of England and revolt of Thomond In Connaght all is wasted besides Galway and Mayo Roscoman Boyle and other Forts revolting c. Generall O Neyle hath so wasted Leynster before he went to Vlster that three or foure counties thereof are unprofitable for the plow and in themselves miserable c. They adde the feare of the Lieutenants conjunction with the Scots c. insomuch as force feare and danger beget in all men a desire to embrace any peace Besides feare of the Scots conjunction with the Parliament the King being now in their power a peace timely made may alone hinder this which being concluded the catholickes may serve God and their King and free themselves from all those evils This Letter was signed thus Illustrissimae ac Reverendissimae Dominationis vestrae addictissimi Muskry De mandato Concisij Comitiorum Thomas Tyrell 11. Why the Viscount Muskry alone subscribed hereunto and none else I doe not know unlesse it be because the ill affected of the Councell for so they call in the Manuscript outside of the Articles the soundest part of the Councell those that were not of the faction did not condescend thereunto 13. The Lord Nuncius his Letter 10. Iunij 1646. sent to the same Councell and Committee 12. Least I might saith he in this most waighty circumstance of things seeme to have sent unto your honours two severall protestations without any ground of reason I pray you would reade the same reasons which moved me so to diswade the peacc in these times which is now propounded esteeming me to have beene compelled to write these things out of zeâ—le onely towards Religion and the honour of the Catholicks of this kingdome c. And having repeated the substance of his foresaid Letter touching the double quality of the Marquesse of Ormond he saith that though there could be a peace made yet it ought not to be made for the following reasons For seeing nothing is therein established concerning the Catholicke religion c. by what meanes I beseech you may the Catholicke Confederats defend themselves if among others even the Nuncius Apostolicke is to become witnesse among all Christian Princes that the Catholicks might have better conditions from her Majesty the Queene in France the last yeare and as yet better from the Lord of Glamorgan in these later Moneths and as yet the most plentifull of all concluded by his Holynesse in Rome and yet that the Confederate Catholickes all these peaces being contemned after so many moneths cessations in the very point of new difficulties in England and after that a full halte yeare of the time to make warre is past over yea when the enemies are all almost beaten backe should accept of a worse peace than the other three Let every conscience beare witnesse whether by such a resolution the Oath of Association taken with such glory and constancy be not violated 13. It is therefore manifest unlesse first the Catholickes be assured that the Kings Majesty would ratify the Earles authority and that the Queenes Majesty hath cleerely understood whether the Popes conditions shall have place or no whatsoever shal be done shall tend to the evident destruction of this kingdome and to the extirpation of Religion which is the head of all and to the notable injury of the Princes who hetherto have laboured for the safety and security of the Catholicke Confederats which is so much the more true seeing no reasonable motive can be assigned by the adverse party for concluding this peace Then answering to the objection of the danger of the Scots he saith there is no danger of more Scots to come over this season being busily imployed elsewhere and as for those that are in Vlster and Connaght they are sufliciently provided against by two Armies mayntained by the Popes moneys There remaynes therefore
onely the Lord Marquesse his forces and those forces how great are they that they may not be repulsed And seeing we neede not feare the enemies this yeare why should not wee hope that even the souldiers that are in Mounster may after this present expedition be turned to the defence of Leinster and by what other wayes soever to preserve Leynster Wherefore right honourable it must be concluded that that peace must in no sort be made neyther must it be treated of before the things mentioned be notifyed unto you least by an imaginary utility of repose you leese your estimation with Christian Princes Be these spoken over and above what in my Protestations and in my letters to the Supreme Councell I have sufliciently declared praying that your Honours would ponder them with the same spirit I wrote them namely for the sole increase of the Catholicke Church and the true and solid felicity of Ireland which felicity God alone and the Catholicke faith is able to give all things else concluded whatsoever the world and the followers thereof can say Thus farre elegantly religiously the Lord Nuucius in Latin §. 14. An abridgement in English of a third Letter in Latin dated 25. Iumj 1646. and sent to the same Councell and Committee by the Nuncius in answer to their Letter 14 HAving acknowledged the receipt of the Councell and Committees letter above mentioned hee first shewes wherefore he did not sooner communicate the protestations to them Know therefore saith he that therfore the said protestation hath beene made by me when in the moneths past it was vehemently doubted and not without cause that the Supreme Councell and Committees would then by all meanes conclude a peace with the Lord Lieutenant and not expect the articles transacted between his Holynesse and her Majesty the Queene of England and by consequence that they would preferre any other peace before the Popes peace which contayned most honourable and most plentifull conditions for this kingdome And when I presented this my griefe unto the Prelats Clergy they without reluctancy of any subscribed to my opinion according to the reverence they ought and doe beare to his Holynesse But wherefore the protestation was suppressed I alone am the cause thereof being not willing to shew it untill I were compelled through great necessity and desiring for the love and observance I beare your honours that it could be perpetually suppressed but wherfore I have in this present state of things manifested it this was the cause that your honours might seriously consider that both Clergies are yet much more ready to subscribe unto it againe if any peace be concluded that may be any way scandalous or lesse honourable for Religion when as for the expectation of the articles of Rome they so readily subscribed thereunto 15. He denyeth that they communicated unto him the manner of their proceeding in the treaty saying though they still informed him of many missions of the Committee to Dublin yet it is also certayne that they never spoke unto him untill the moneth of March of the peace with the Marquesse now subscribed nay it was expresly denyed although I oftentimes shewed that I understood from many places of such a thing and when after the notable declination of the Kings Majesty and the wonderfull change of the state of things I wrote two letrers to your honours the one the 27. of April the other rhe 5. of May sent from Kilkenny wherein I endevoured to shew that no peace could be made with the Marquesse c. I vehemently grieved I could get no answer to them neyther were the letters publickly reade in the Committee nor the reasons pondered c. whereof there can be no other cause than that hidden conclusion of peace which could be no way dissembled if answer were given Whence I might easily suspect that which for many moneths hath beene bruited namely the magnificent proclayming of the communication of all matters with me and my consent therunto that by such reports the people might be drawne with more alacrity to consent unto this intended peace Which thing most illustrious Lords imposed a great necessity on me if an honourable peace were not concluded to admonish the kingdome and the chiefe Cities thereof that I never gave assent thereunto least I should seeme by my silence and presence to blemish the most holy intention of his Holynesse who urgeth nothing more than this free publike exercise of the Catholicke Religion c. 16. Vnto the necessities alleaged by the Supreme Councell and Committee he answers no necessities could be so pressing as to force the Confederats to make any peace or to accelerate politicall conclusions without an honourable addition of things Ecclesiasticall also c. and that the cause why such plentifull succours as they expected from Rome came short of their expectation was that at Rome it was held that the Supreme Councell Committees by their Cessations with the Lord Lieutenant did corrupt the good successe of the affaires and the progresse of their victories whereby they injur'd themselves and his Holynesse which opinion grew so strong in Court as the same was insinuated by the sacred Congregation unto the Nuneius himselfe when he was there among those of the wisest sort grew so violent as it can hardly be now blotted out He addeth further though the succour by himselfe brought being considered abstractively were indeed very little in respect of what his Holynesse and other Princes of Italy together with the cardinals resolved to send yet ought they to be esteemed much considering the povertie of the See Apostolicke which by the last warres was in a manner exhhausted and the charge of sending hither an Archbishop a Nuncius Apostolicke c. which was an undoubted pledge of further succours from time to time neyther ought they to be esteemed small succours without which the Armies could not be timely sent into the field this yeare and by which in Vlster two great victories have beene obtayned a whole province freed such a slaughter made of the enemy as was not heard of these foure hundred yeares which with the hopes of Prestons victories in Connaght are strong arguments that the monyes given by the See Apostolicke for the advance of the Catholicke Religion doe bring forth immense fruit even to miracle if with due confidence estimation they be received employed 17. He urgeth the affaires of Vlster to proceed so well as that Province was never in better condition that the proceeding of Connaght was not of lesse hope and that if Bunratty were besieged as it ought the Army that was in that Province might be sent to Mounster and so three Provinces recovered in the residue of this Summer VVherefore saith the zealous and incomparable Prelat seeing the Marquesse of Ormond alone remaynes who may oppose himselfe to the Confederats I pray you what reason have you why you should feare him if
he so earnestly urgeth in his letters above mentioned And herein we charge the councell and committees with notable breach who contrarie to their promise and vow and contrarie to the severall protestations and inhibitions of the said Lord Nuncius concluded a peace which he thought not expedient and whereunto he would never yeeld consent See our observations on the 14. article numb 26. 27. §. 19. A publicke Contract made by the kingdome with the Lord Nuncius not to conclude any peace untill he and Glamorgan concluded on a peace for the Spiritualtie c. 56. Articles agreed upon betwixt the most Illustrious and most Reverend Lord Iohn Bâ—â—â—ist Lord â—rchbishop and Prince of â—â—rmo extraordinary â—postolicke Nuncâ—o to the Confederate Catholickes of Ireland and the Nobility imployed by the said Consederate Catholickes together with the Earle of Glamorgan to the said Illustrious Nuncius at Kilkenny the 19 of February 1645. Inprimis a Cessation shal be continued till the first of May by which time or sooner if the most â—llustrious Lord Nuncius doe not bring the Originall agreements under hand and Seale betwixt his Helynesse and the Queene of great Britaine the said most illustrious Lord Nuncius shall ratifie whatsoever shall seeme meete to him on the behalfe of his Holynesse and the Earle of Glamorgan in the behalfe of the King of England that an honourable and wished peace be not any longer deferred 57. Secondly In the meane time if the Confederate Catholickes doe send from hence to treate with the Vice-roy about politicall affaires and differences it is declared that no prejudice shall be inferred by that treaty to this Treaty that is to be betwixt the most illustrious and most Reverend Lord Nuncius and the Earle of Glamorgan that untill there be a conclusion and publication of it the other also may not be concluded or published And that there be no change in the inâ—erim of the Politicall or Civill government so that both may be at once and together concluded and published by the approbation of the generall assembly if it shall be seene necessary to the said Lord Nuncio and Earle of Glamorgan to call it Thomas Tyrell Emerus Clogherensis Nich. Plunket Gerald Fenell Richard Bellings Patricke Darcy Thomas Cashell Castle-haven Audly Net â—ervile Muskry Thomas Preston Daniell O Brien Lucas Dillon Terlagh O Neyle George Comin 58. Here we are to note First the circumstance of time to wit the 19. of February which was when the assembly of the kingdome was fully gathered together Within 12. dayes after namely the second of March an order was conceived by the same assembly to Treate with the Marquesse of Ormond and to prepare things for a peace with his Excellency but not one word authorizing the Committee to conclude a peace for that had been a manifest violation of this contract made with the Nuncius nay by this very act of assembly and solemne contract whereunto the whole kingdome condescended iâ— before then eyther Conncell or Committees had any power communicated unto them by any former act of assembly which I could never yet reade it was now sufficiently recalled Secondly we are to note the persons that subscribed to the contract in the behalfe of the Confederate Catholickes are the persons chiefly intrusted by the kingdome M Tyrell chayreman of the committee of Instructions the Lord Viscount Muskry and M. Darcy are two of thâ— five that subscribed to the peace contrary to their owne contract here agreed upon the rest were then of the Supreme Councell or Committee whereof most of them being of the following Supreme Councell or Committee of Instructions approved also the peace contrary to this their own contract wherein they engaged themselves and the kingdome never to conclude or publish any peace untill the peace to be agreed upon betweene the Nuncius and Clamorgan were concluded and published together with it Thâ—â—dâ—y this contract cleerely discovers how frivolous that part of the Councell and Committees answer to the Nuncius 1. of Iune was wherein they say they expected untill the first of May according the Nuncius his pleasure before they concluded any peace for they were indeed to expect VNTILL a conclusion or publication were made of the peace to be agreed upon between him and Glamorgan in the behalfe of his Holynesse and his Maiestie and if the Origâ—nals came not from Rome by May they were to expect untill the Nuncius did ratifie whatsoever should seeme meete unto him c. which was agreable to the publicke Faith of the kingdome past by them unto him before his coming unto the kingdome by the above mentioned Letter sent unto him in October 1645. wherein they promised to doe nothing but what should seeme expedient unto him So as if I had â—â—â—ely seene this contract I might well have spared the twelve answers I made above to this objection wherefore the Nuncius and the Clergy did justly protest against all their proceedings in the late rejected peace as being without ground or Commission and in violation of the publicke Faith given Fourthly no withstanding this contract they changed the government by concluding that peace and contrary to the same contract they would not dayne to call together a generall assembly as the Nuncius desired and as by this contract they were bound before they concluded the peace How herein they may be excusable I understand not §. 20. The Oath of Association which being compared to what we have delivered in this Survay proves the iustice of the Clergies Decree of periury c. 59. I A. B doe promise sweare protest before God his Saints his Angels that I will during my life beare true faith and allegeance to my Soveraigne Lord CHARLES by the grace of God King of great Brittaine France and Ireland and to his Heires and lawfull Successors and that I will to my power during my life defend uphold and maintayne all his and their just prerogatives estate rights the power and priviledge of the Parliament of this Realme the fundamentall Lawes of Ireland the free exercise of the Roman catholicke faith and Religion throughout this Land and the lives iust liberties possessions estates and rights of all those that have taken or shall take this Oath and performe the contents thereof and that I will obey and ratifye all the orders and decrees made and to bee made by the Supreme Councell of the Confederate Catholickes of this kingdome concernig the said publicke cause and that I will not seeke directly or indirectly any pardon or protection for any act don or to be don touching this Generall cause without the consent of the Major part of the said Councell and that I will not directly or indirectly doe any act or acts that shall preiudice the said cause but will to the hazzard of my life and estate assist prosecute and maintayne the same So helpe me God and his holy Gospel 60. This Oath was established for preservation of union among the Confederate Catholickes