[Sidenote: but it is rejected publicly, Feb. 2, 1646-7.]
The Confederate assembly met at Kilkenny on January 10, 'with all those signs,' said Rinuccini, 'of discord and intrigues which generally reign in such meetings.' The tempers of the old council had not been improved by imprisonment, while the clergy, knowing that they had a majority, were in no conciliatory mood. Bellings admits that former assemblies had been turbulent 'and loud in their ayes and noes, yet now it was grown clean another thing.' Edmond Dempsy, Bishop of Leighlin, who was a famous preacher, and had probably a good voice, sat upon a lofty bench which recalls the revolutionary Mountain. He had only to wave his hat to raise a storm, the mass of members, 'like a set of organ-pipes, as senseless and louder, depending for their squeaking, or being still, on the hand of another.' After a few days the turmoil partially subsided, and then the nuncio demanded an audience. He was received with the same ceremony as at first, and proceeded to justify his assumption of dictatorial power. He declared in plain terms that the ecclesiastical authority was superior to the temporal, 'and that ignorance of the true source of power had ruined the neighbouring kingdom.' Above all things he urged the assembly to reject the peace with Ormonde, and to take a fresh oath adverse to it. A letter was read from Dumoulin, the French agent, who had positive orders from his government to press for confirmation of the peace, but this had no effect, though a letter from Mazarin had been previously received urging them to merit help from France by re-establishing the King of England. A remarkable speech of Walter Bagenal's has been preserved by Bellings, in which he urged them to remember how strong England was and how certainly they would be overwhelmed if they did not support the King. Ormonde sent Lord Taaffe and Colonel John Barry to represent him at Kilkenny, but the clericals would listen to nothing, and it soon became evident that the peace would be rejected publicly. This was done after three weeks' wrangling, but by no means unanimously, and Scarampi started at once to carry the news to Rome. It was found necessary at the same time to declare that the commissioners and others who had a hand in the peace had 'faithfully and sincerely carried and demeaned themselves in their said negotiation pursuant and according to the trust reposed in them, and given thereof a due acceptable account to this assembly.' This important matter being settled, a new and stringent oath of association was taken by which all bound themselves to make no peace without the consent of the General Assembly. One of the conditions precedent was that the Roman Catholic clergy should enjoy all churches and church property in as ample a manner as the Protestants enjoyed them on October 1, 1641, in all places which the Confederates should at any time possess 'saving the rights of Roman Catholic laymen according to the laws of this kingdom.' The law, in other words, was to protect Roman Catholics, but not Protestants. All this referred to the secular clergy only, for the question of abbey-lands was too dangerous to touch. To avoid the appearance of an open breach with the Lord Lieutenant, Dr. Fennell and Geoffrey Baron, who had just returned from France, were deputed to see him. Their proposals for a sort of offensive and defensive alliance with Ormonde came to nothing, but successive truces were patched up until April 10.[105]
