Nicholas Plunket Sir Robert Talbot Sir Richard Everard Dermot O Brien Patricke Darcy Geofrey Browne Iohn Dillon and Richard Martins Esquires authorizing them or any five of them to treate agree and conclude with the Maâ—ques of Ormond a firme lasting and setled peace in such manner as they in their iudgements should thinke fit and most available for the said Catholiques and generall good of this realme 34. For the Councells warrant to grant this commission they alleage in the same act an act past in the generall assembly held at Kilkenny the 20. of Iuly 1644. Where say they in the act of their Councell the said assembly authorized the foresaid 13. persons to treate agree and conclude with the Marques for setling and concluding of a sirme and perfect peace otherwise to conclude of a further Cessation Where the Reader is carefully to observe that the assembly according to the Councels own relation appoints indeed those 13. persons as a Committee of the Treatie but doth not limit the same unto any five of them as the act of the Councell hath done I have made search among the Acts of that assembly but could not finde any act dated the twentieth of Iuly 1644. I have indeed found an act of assembly made 10 Augusti 1644. where it is ordered that the undernamed shall be super added to the Commissioners lately authorized by Commission to goe to His Maiestie now to goe to the Lord Lieutenant to treate with his Honour for setling a firme peace within this Kingdome or a further Cessation of Armes The persons undenamed are the Lord Archbishop of Dublin Earle of Antrim Lord Viscount Mountgaret Sir Richard Everard Patricke Darcy and Iohn Dillon Esquires The Commissioners to goe to His Majestie were the Lord of Muskerie Nicholas Pluaket Alexander Mac Donnell Sir Robert Talbot Colonell Dermot O Brien Geoffrey Browne and Richard Martin The like Commission was made by the second and last Supreme Councell unto the same Committee of Treatie de verbo ad verbum as appeareth in the abridged registers of the Acts of the same Councell 35. To shew the insufficiencie defects and nullitie of the said commission wee neede not entertaine sharpe-sighted Lawyers the errors and defects thereof are so grosse and palpable as men meanly versant in that profession may without difficulty discover them Wee say then in the first place that it appeareth not by any act of assembly that I could light on that either of both Councells were ever authorized or enabled by the Kingdome to give any Commission to the foresaid Committee of Treatee either to treate of or conclude a peace with his Excellency Not in any act of assembly past the twentieth of May 1644. as the foresaid Commission given by the first Councell doth mention for no such act can I finde in the Records of the assembly notwithstanding I have together with the Clarke of the assembly made diligent soarch for the same As for the Act of assembly 10. Augusti 1644. even now mentioned number 34. you see the kingdome selected indeed the foresaid Committee of Treaty but never by that act authorized the Supreme Councell to give them a Commission to that effect Yet that such an authoritie is necessarie is supposed by the Councell it selfe which groundeth it selfe on the like authoritie as you have heard numb 34. for as the assembly onely in the name of the whole kingdome and not the Supreme Councell had power to send Commissioners to His Majestie so the Assembly onely and not the Councell had power to send Commissioners to His Lieutenaut to treate and conclude a peace Yet supposing such a Commission or power were given by the Assembly unto the first Supreme Councell wee say in the second place the same or the like commission and power ought to have beene renewed by act of Assembly and given unto the new Supreme Councell authorizing them to give Commission to the foresaid committee of Treaty to conclude a peace and to guide and direct them therein because if any such Commission was given by any assembly unto the first Supreme councell both that commission and any other commission given by the Councell in vertue thereof to the Committee of the Treaty is extinguished and dyes with the same Supreme Councell because as morte mandantis so morte mandatarij extinguitur mandatum saith the law as by the death of him that gives a Commission or mandat so by the death of him that receives it the Commission or mandat is extin guished If he for example that gives or receives a letter of Atturney to prosecute a cause or to doe any other service dyes the letter of Atturney dyes with him The same wee may say of Agents or Ambasladors sent from or to any Pâ—inces or Prelates Accordingly wee say that the first Supreme Councell being removed from that office are civilly dead and therefore any authority given them in this particular or by them in vertue thereof given to the Committee of Treatie for in these two respects the Councell may be called Mandatarij and Mandantes is extinguished and dyes with the late removed Councell 36. It is true that the common power and authoritie given to the Supreme Councell by the Modell of Government may peradventure descend upon the succeeding Supreme Councells because by the Modell of Govurnment that common power is expresly declared to be conferred by the Kingdome on the Supreme Councell for the time being but the case is other wise in this weighty matter whereon depends the securitie and safetie of Religion King and Subject and therefore being transcendent and extraordinarie it must be acted by and concluded by transcendent and extraordinarie power and as the Commissioners appointed to goe to his Majestie must have beene established and appointed by the whole Kingdome because indeed their imployment concerned the whole Kingdome so for the same reason the Commissioners appointed to treate with His Majesties Lieutenant in this particular must be authorized either mediatly or immediatly by the whole Kingdome for as much as their imployment concernes the whole Kingdom If His Majestie did conferre any power or authoritie upon any Corporation which hee would have to continue in the succeeding Magistrats thereof hee is carefull in his patents or Charters to use these words to the Maior or to the Maior and Citizens for the time being to shew that his intention is not to make this power personall onely but in that commission which the first Supreme Councell pretend to have had from the assembly there are no such words used authorizing the Supreme Councell for the time being Much more may be here said which I leave to our learned Lawyers discussion whereof some vnto whom I have propounded this difficultie have assured me that for this respect the Commission given our Committee of Treaty by the Councell wassufficienr and invâ—alid And when I admired that the Supreme Councell dared attempt such an enterprize without a full and
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
to reduce them to the number of five or to a lesse number than 13. This selected number of 13. did belong unto the substance and as it were essence of the commission or authoritie given by the Kingdome and therefore could not be altered without rendring the commission invalid When I reade in the commission given by the first Supreme Councell to the committee of Treaty that the number of thirteene was appointed and no power mentioned therein authorizing them to diminish that number I was indeed astonished and therefore laboured so much the more earnest to finde out if any act of Assembly there were giving them any such authoritie at length I lighted on an act past 23. August 1644. Wherein it is ordered by Assembly that the Supreme Councell shall grant Commissions under Seale from time to time unto such and so many of the Commissioners nominated and authorized by the house to TREATE with the Lord Marques of Ormond for establishing of a firme peace within this Kingdome or a further Cessation of armes as the said Supreme Councell and the additionall Committee of Instructions shall thinke fit This act of Assembly may seeme to quell the strength of my fourth argument Yet I cannot but resume and urge for my argument against this order 1. that it doth not so much warrant the Supreme Councell to diminish the number of the Committee of Treaty as it doth limit the power of the said committee for here as in the first act of Assembly no greater power is given them than to TREATE of a peace c. and no power at all to conclude a peace 2. This act seemeth to me very suspicious in as much as the same assembly not above thirteene dayes before supposing those seven Agents who were authoriâ—ed to goe to His Majestie to be too little to treate with the Marques added positively six more as above you have seene insinuating thereby that they intended to have that full number alwayes in the Treatie and no lesse 3. Here my second argument may seeme to have force If this act of Assembly and that other of the tenth of August 1644. were not renewed upon the removall of the old Councell and institution of the new the power and authoritie given by those acts seemes to dye be extinguished with that old councell because indâ—â—e mandantis extinguit unmandarum 4. The Commission given the committee of the Treaty is not grounded on this act but on an act of the twentieth of Iuly 1644. above number 34. 5. It must be also grounded on an act of assembly authorizing them to reduce the number of 13 to 5. which act we finde not 6. â—ow ambiguously soever this act hath beene couched yet it may seeme to prove that the number should be full 13. for it ordereth that the Councell should grant commission to such and so many c. as were authorized The words as they shall thinke fit have relation either unto a treaty of peace or a Cessation of armes as they thinke fit and not unto any reduction of the number of 13. to the number of 5. 40. But here I must not omit to advertise the Reader of the cause of my suspition as soone as ever the foresaid number of 13. was chosen to be of the Committee of Treaty forthwith before they could be sent unto Dublin notice was sent in Post even by some of the Supreme Councell to Dublin that such persons were elected among whom there was one catholique Bishop The notice was sent by a letter to Sir Maurice Eustace inclosed in a letter to this Supreme Councellors Nephew then resident in Dublin upon which letter was written haste haste post haste Whereupon letters were return'd by the Marques of Ormond to the Councell or assembly that he would not treate of any peace with us if any Catholique Bishop were of the committee That ever the Marques obtained his desire herein by consent of the assembly I never heard nay I have heard the cleere contrarie that the assembly resolv'd never to change or diminish the number of that committee Howsoever I doe not know but this act of the 23. of August was hedg'd in upon this motion the circumstances whereof I could wish were diligently examined How his Excellency could deny to treate with any commissioners we sent without disobedience to the Kings command commission given I doe not know The summe is as he would have a peace of his owne moulding so would he have a committee pliable to his owne resolutions and it is remarkable that when any that was of that same small number of five which the Councell cul'd cut were suspected to stand constantly for the cause of God and the Countrey and not to yeeld to the Marques his abject conditions such art was used that such kind of persons were then kept from the Treatie when all things were upon conclusion Among these was worthy Mr. Nicholas Plunket whom for honour sake I nominate though hee also past not altogether free from blemish in subscribing to the command for the publication and acceptation of the peace wherein so well deserving a man might be excused having thought all remedy for redresse to be impossible Had our people Machabean spirits inflamed with Gods love and the advance of his holy Religion they would select no other out of that 13. but such Ormond rejected and chiefely the Arch bishop of Dublin and omit no other but such as Ormond would have admitted 41. Other argumenâ— against the sufficiencie of the Committee of Treatyes Commission may be thus briefely framed the commission given by the Supreme Councell was grounded on an act of Assembly made 20. Iuly 1644. no such act appeareth Ergo their commission given the Committee of Treaty may not subsist quia non posita causa necessaria non ponitur effectus non posito fundamento non ponitur tectum Againe in no act of assembly can I reade that the Councell was authorized to give this power to the Committee to treate agree conclude c. a firme and setled peace c. in such manner as they in their judgements should thinke fit and most availeable for the said Catholiques generall good of this realme Yet this is the power the Councell hath given them which how faithfully they have executed you have already and shall hereafter heare Moreover their Commission was to conclude a peace or a further Cessation they have done neither for in their reasons presented to the Congregation in Waterford they confesse they have made no peace but a pacification which they call a present union with expectancy of an absolute peace to follow For concluding such pacification you see their Commission authorizeth them not Furthermore by Commission the number of five at least were authorized to treate and conclude the peace the articles of peace in the Preface reduceth this number of five to foure telling us of a Commission authorizing them or any foure or
Archbishop the Clergie are fully satisfied and doe rest content with what already is agreed upon concerning that particular Words to the same effect I reade in my diurnalls of the assembly 19. 20. 23. February 1645. wherein the Nuncius himselfe confirmed the above mentioned speech of Glamorgan and Glamorgan himselfe signified againe in publicke assembly that our peace then was to our owne hearts desire But all this being after changed as you heard and the King himselfe being reduced to that deplorable condition as neither his Majestie nor his Lord Lieutenant were able to make good any conditions to be agreed upon in the behalfe of the confederate Catholiques the committee of the Treaties commission if any they had was extinguished and they to discharge their owne conscience and the trust imposed in them and withall to avoid the suspicion which the Kingdome conceived of them should endeavour by the mediation of the Supreme Councell and committee of Instructions to have an assembly forthwith called as the Lord Nuncius earnestly desired in the behalfe of the Clergie and Kingdome And seing by the words of the Archbishop of Tuam the point of Religion and Church was otherwise concluded and agreed upon betweene the Clergie and the Kings speciall commissioner they had no commission to treate or conclude any thing to the prejudice thereof with any other Now if they will obstinately insist upon it that the Clergie or spirituall member of the body politicke of this Kingdome could not recall the power or commission granted unto them by the whole body surely they will not be so perversly obstinate as to deny they may recall the commission for so much of the matter to be treated of as belonged to themselves namely the affaires of Religion Church and Church-livings Iurisdiction c. Yet I am of opinion if one of three Marchants who are partners contractu Societatis or otherwise recall a procuration or letter of Atturney made by the three to one Factor to negotiate their affaires the revocation is valid and good More examples and authorities I leave to our Lawyers to be alleaged Lastly to come to a period in this particular you see by the diurnall of the acts of Assembly 19. February above mentioned the words goe not so that our councell or committees should expect untill May the conclusion of any peace and that the Nuncius desired no further time as they insinuate in their answer but that the conclusion of the peace betweene the Lord Nuncius Glamorgan and Committee could not receive full satisfaction untill May. By which words alone if all other reasons were wanting their objection is blasted Yet let us againe suppose a falshood that the Clergy did once consent that the Committee of Treatie should after May conclude a peace with the Maâ—ques of Ormond who may doubt but they might afterward absolutely recall any such consent and that the committee being certified of such revocation could not validly proceede See the decretalls lib. 1. de Rescriptis Tit. 3. cap. 33. and the glosse thereupon where a Rescript obtained by a Proctor or Atturney after revocation of his procuratorie is declared invalid by Pope Gregory the ninth which may very fitly be applied aswell to the Revocation of the Marques of Ormonds commission as to the revocation of our committies commission A fourth observation refuting the allegation of the Councell and Committee affirming that the necessitie and calamitie of the Kingdome enforced them to conclude this peace 30. To the objection made concerning the necessity of our countrey and want of meanes to prosecute the warre a threefold answer is returned First that by conjunction with the Marquesse of Ormond upon such sordid conditions such necessity is rather augmented than any way decreased as appeareth by what wee have observed above and in the first part of this survey in our observations on the 25. Article for by that peace were it accepted we were tyed to maintayne not onely the Catholicke Confederats army and the Garisons in their Quarters but also all the armies and Garisons belonging to the pretended Protestants in the foure Provinces of Ireland wee should be at the charge to maintayne the Marquesse of Ormond his followers the Lord Digby and other pretended Protestants that throng hether which would be more burdensome to the kingdome than the maintenance of an Army in the field to speake nothing of the danger whereunto the Catholicke Religion would be driven by entertayning such guests whose imaginations and endevours are wholy employed in sowing sedition and division among the Confederate catholicks to the end they might ruine this poore Nation suppresse religion and rayse up heresie unto whom when the catholickes have done the most charitable offices they may they must expect no other reward than that which the ten Leopards gave unto the martyr saint Ignatius We may foresee our future calamitie by such conjunction in the present calamity wherin the distressed Catholicks in their Quarters are The pretended Protestant party have neither meate money amunition or other provision for warre How then doe they expect to be relieved but by the Confederate Catholickes There were but three hundred pounds in our Treasury at Kilkenny when the Marquesse of Ormond came thither which were commanded by the late councell to be forthwith given to that handfull of souldiers that wayted on his Excellency to Kilkenny from Dublin There are at least fourteene thousand pounds due on the Marquesse of Ormond for the maintenance of the protestant Army and Garisons in his Quarters as appeareth by the Treaty past betweene his Excellency and the commissioners sent unto him by the parliament Who doubts but that great summe would be racked from the confederate Catholickes if once they joyned with him upon the rejected peace I pâ—sse by the 1200. or 1500. pounds given to the Lord Digby c. adde hereunto upon conjunction upon a peace so disadvantagious to the catholicke faith the succours expected from catholicke Princes and Prelats abroad would be wholy subtracted from us without whose succours wee shall never be able to subsist on the other side the pâ—otestant party expect nor a groat from any their allyes at home or abroad 31. Our second answer is that the loud cry of the people and that confirmed by the Lord Nuncius his letters above is that our late Supreme councell themselves are the chiefe cause of such weakenesse and necessity aswell because they continued for the space of three yeares a tedious chargeable and needlesse cessation with the Marquesse of Ormond by which meanes the Parliamentary rebels in the North Conaght and Mounster who at first accepted the cessation had leasure enough to strengthen themselves who having sufficiently furnished themselves from England and other places rejected the cessation and put in practise their hidden treason as also because they consumed vast summes of mony on the Marques of Ormond and other known enemies of Religion without any necessitie