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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	heir_n	power_n	successor_n	3,459	5	9.2559	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A67437	The history & vindication of the loyal formulary, or Irish remonstrance ... received by His Majesty anno 1661 ... in several treatises : with a true account and full discussion of the delusory Irish remonstrance and other papers framed and insisted on by the National Congregation at Dublin, anno 1666, and presented to ... the Duke of Ormond, but rejected by His Grace : to which are added three appendixes, whereof the last contains the Marquess of Ormond ... letter of the second of December, 1650 : in answer to both the declaration and excommunication of the bishops, &c. at Jamestown / the author, Father Peter Walsh ...	Walsh, Peter, 1618?-1688.; Ormonde, James Butler, Duke of, 1610-1688. Articles of peace.; Rothe, David, 1573-1650. Queries concerning the lawfulnesse of the present cessation.	1673 (1673)	Wing W634; ESTC R13539	1,444,938	1,122

hisce subscripsimus Kilkenniae 28 Januarii 1648. Jo Archiepiscopus Tuamen Fran Aladen Ed Limericensis THE ARTICLES OF PEACE Made and Concluded by his Excellency JAMES LORD Marquess of Ormond LORD LIEUTENANT GENERAL AND General Governour of His Majesties Kingdom of Ireland on the behalf of His Majesty WITH THE GENERAL ASSEMBLY of the Roman-Catholicks of the said Kingdom on the behalf of His Majesties Roman-Catholick Subjects of the same Re-printed in the Year M.DC.LXXIII BY THE LORD LIEVTENANT GENERAL AND General Governour Of the Kingdom of IRELAND ORMONDE VVHEREAS Articles of Peace are made concluded accorded and agreed upon by and between Vs JAMES Lord Marquess of Ormond Lord Lieutenant General and General Governour of His Majesties Kingdom of Ireland by vertue of the Authority wherewith We are entrusted for and on the behalf of His Most Excellent Majesty of the one part and the General Assembly of the Roman-Catholicks of the said Kingdom for and on the behalf of His Majesties Roman-Catholick Subjects of the same on the other part A true Copy of which Articles of Peace is hereunto annexed We the Lord Lieutenant do by this Proclamation in His Majesties Name publish the same and do in His Majesties Name strictly charge and command all His Majesties Subjects and all others inhabiting or residing within His Majesties said Kingdom of Ireland to take notice thereof and to render due Obedience to the same in all the parts thereof And as His Majesty hath been induced to this Peace out of a deep sense of the miseries and calamities brought upon this His Kingdom and People and out of a hope conceived by His Majesty that it may prevent the further effusion of His Subjects Blood redeem them out of all the miseries and calamities under which they now suffer restore them to all quietness and happiness under His Majesties most gracious Government deliver the Kingdom in general from those Slaughters Depredations Rapines and Spoils which alwayes accompany a War encourage the Subjects and others with comfort to betake themselves to Trade Traffick Commerce Manufacture and all other things which uninterrupted may increase the wealth and strength of the Kingdom beget in all His Majesties Subjects of this Kingdom a perfect unity amongst themselves after the too long continued division amongst them So His Majesty assures Himself that all His Subjects of this His Kingdom duly considering the great and inestimable benefits which they may find in this Peace will with all duty render due Obedience thereunto And We in His Majesties Name do hereby declare That all persons so rendring due Obedience to the said Peace shall be protected cherished countenanced and supported by His Majesty and His Royal Authority according to the true intent and meaning of the said Articles of Peace Given at Our Castle of Kilkenny the Seventeenth day of January 1648. GOD SAVE THE KING ARTICLES of Peace made concluded accorded and agreed upon by and between his Excellency JAMES Lord Marquess of Ormond Lord Lieutenant General and General Governour of His Majesties Kingdom of Ireland for and on the behalf of His Most Excellent Majesty by vertue of the Authority wherewith the said Lord Lieutenant is intrusted on the one part And the GEMERAL ASSEMBLY of the Roman Catholicks of the said Kingdom for and on the behalf of His Majesties Roman Catholick Subjects of the same on the other part HIS Majesties Roman Catholick Subjects as thereunto bound by Allegiance Duty and Nature do most humbly and freely acknowledge and recognize their Sovereign Lord King Charles to be lawful and undoubted King of this Kingdom of Ireland and other His Highness Realms and Dominions And His Majesties said Roman Catholick Subjects apprehending with a deep sense the sad condition whereunto His Majesty is reduced as a further humble Testimony of their Loyalty do declare That they and their Posterity for ever to the uttermost of their power even to the expence of their blood and fortunes will maintain and uphold His Majesty His Heirs and lawful Successors their Rights Prerogatives Government and Authority and thereunto freely and heartily will render all due obedience OF which faithful and loyal Recognition and Declaration so seasonably made by the said Roman Catholicks His Majesty is graciously pleased to accept and accordingly to own them his loyal and dutiful Subjects and is further graciously pleased to extend unto them the following graces and securities I. IMprimis It is concluded accorded and agreed upon by and betweeen the said Lord Lieutenant for and on the behalf of His most Excellent Majesty and the said General Assembly for and on the behalf of the said Roman Catholick Subjects And His Majesty is graciously pleased that it shall be Enacted by Act to be past in the next Parliament to be held in this Kingdom That all and every the Professors of the Roman Catholick Religion within the said Kingdom shall be free and exempt from all Mulcts Penalties Restraints and Inhibitions that are or may be imposed upon them by any Law Statute Usage or Custom whatsoever for or concerning the free exercise of the Roman Catholick Religion And that it shall be likewise Enacted That the said Roman Catholicks or any of them shall not be questioned or molested in their Persons Goods or Estates for any matter or cause whatsoever for concerning or by reason of the free exercise of their Religion by vertue of any Power Authority Statute Law or Usage whatsoever And that it shall be further Enacted That no Roman Catholick in this Kingdom shall be compelled to exercise any Religion Form of Devotion or Divine Service other than such as shall be agreeable to their Conscience and that they shall not be prejudiced or molested in their Persons Goods or Estates for not observing using or hearing the Book of Common Prayer or any other Form of Devotion or Divine Service by vertue or colour of any Statute made in the second year of Queen Elizabeth or by vertue or colour of any other Law Declaration of Law Statute Custom or Usage whatsoever made or declared to be made or declared And that it shall be further Enacted That the Professors of the Roman Catholick Religion or any of them be not bound or obliged to take the Oath commonly called the Oath of Supremacy expressed in the Statute of Secundo Eliz. cap. 10. or in any other Statute or Statutes and that the said Oath shall not be tendred to them and that the refusal of the said Oath shall not redound to the prejudice of them or any of them they taking the Oath of Allegiance in haec verba viz. I A. B. do truly acknowledge profess testifie and declare in my Conscience before God and the World That our Sovereign Lord King CHARLES is lawful and rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty His Heirs and Successors and Him and Them will defend to the uttermost of my

purpose Nothing but against oppressive taxes contrary to law and former customs and taxes too imposed by the Consuls only and Rectors of particular Cities Nothing in specie against even any such oppressive taxe tallies exactions collections laid or made by an absolute order law or constitution of the supream civil power or of Kings Emperours States who certainly are not understood by the names of Consuls and Rectors of Cities And however this of taxes of Clerks be nothing at all for the exemption of the persons of Clerks from the supream civil power in all other civil and criminal causes whatsoever which only is it we dispute of here Nothing besides but what was convenient for the Government of the people within the Popes own temporal Patrimony for which only the additions of Gregory were unless it pleased other Countreys and of themselves to receive his said additions Finally nothing but what the Pope Innocent might as justly have decreed in case he believed certainly that Clerks had their exemption whatever it be from the sole civil power as if he had believed they had it only from the Church or from himself or some other of his Predecessors in the See of Rome 3. For although cap. Ecclesia sanctae Mariae de constitutionibus be a meer papal constitution of Innocent the Third only and hath indeed an expression which imports some such thing as the exemption of Churches and of the persons too of Churchmen from the power of Laicks yet forasmuch as this expression is not specifical or not in specie relating to or comprising the very supream lay power it self but so generical only as these words which are the words there concerning this matter Nos attendentes quod laicis etiam religiosis super Ecclesiis personis Ecclesiasticis nulla sit attributa potestas and consequently forasmuch as these words may have a very true and rational sense notwithstanding the subjection still of the persons of Clerkes to the supream lay power because the civil laws or customs which prevailed at that time under Innocent the Third or which is the same thing because the Emperours themselves had given or permitted under themselves to the Church and Churchmen proper Ecclesiastical Judges for all their own both civil and criminal causes how ever still subordinat Judges in such causes to the Emperours and the same must be said of other Kings who had granted the like Ecclesiastical Judges and moreover forasmuch as this canon or chapter of Innocent is only a decision of a particular controversie in matter of a possession controverted betwixt a certain Church called here the Church of S. Mary and a certain Convent termed likewise in this canon the Convent of St. Sylvester which possession was adjudged by a certain lay judge called Senator against the said Convent without previous confession conviction or examination of the same Convent and those words above or meaning of them no part of that which was intended or decided by the Pope in this canon but assumed only and that also transiently as in part importing his reason or motive to remand that possession back to the said Convent and that we know the reasons motives or suppositions expressed in a sentence or canon are not therefore defined by the Pronouncer of the sentence or maker of the canon and further yet because those words neither distinguish nor determine by what authority or law that is whether by divine or humane civil or ecclesiastical authority or law it was so enacted that lay-men could have no power in the causes of Church-lands or Church-men and because too they say nothing at all of any Pope's having made such a law whether by a true or only pretended power as did incapacitat all kind of Laicks even the very supream civil Magistrate himself or indeed as much as the very subordinate inferiour lay Judges from having any judicial authority over Churchmen finally because those words of themselves take away no such authority from Laicks but only at most signifie the not being of such authority attributed to Laicks whatever those Laicks were and by what means soever it came to pass not to be attributed to them therefore it is plain enough this canon Ecclesia sanctae Mariae is to no purpose alledged for Bellarmin's voluit that is for the matter of Fact of any Pope's having done so or having exempted so by his own Power all Clerks from the jurisdiction of even supream lay Princes or even of having declared them so exempted by the law of God himself 4. That albeit also cap. seculares de foro competenti in Sexto and cap. Clericis de Immunitate Ecclesiar be two meer Papal canons as made by the sole authority of Boniface the VIII and although it be confessed this Pope did challenge all the both spiritual temporal power on earth in Church and State to himself alone as likewise consequently to his Predecessours and Successours in the See of Rome which his extravagant Vnam sanctam De Majoritate obedientia and his other proceedings against a King of France besides the later of these two canons here quoted the said cap. Clericis can prove abundantly yet I dare confidently averre that neither of these canons of his however otherwise too too exorbitant at least the later of them comes home enough to prove that any Pope hath de facto by his own meer Papal authority exempted Clerks in all civil and criminal causes from the supream civil coercive power of Lay Princes or hath de facto as much as declared or defined that Clerks have been so or are so exempted by the law of God in such causes from the said supream power of temporal Princes That for the former canon seculares de foro competenti the case is clear enough out of the very words and whole tenour of it Which being but short I give here altogether not omitting one word Seenlares judices qui licet ipsis nulla competat jurisdicto in hac parte personas Ecclesiasticas ad soluendum debita super quibus coram eis contra ipsas earum exhibentur litterae vel probationes aliae indueuntur damnabili praesumptione compellunt a temeritate hujusmodi per locorum Ordinarios censura Ecclesiastica decerninus compescendos where you see first there is not one word directly or indirectly of criminal causes but only of a civil in matter of debt Nor secondly any specifical comprehension no nor any comprehension at all of Kings States or Princes but onely of those inferiour persons whose peculiar office it is to be judge twixt party and party Nor thirdly is there any word here declaring by whose law or authority that is whether by that of the Pope or that of the Church c. it came to pass that these very inferiour Lay Judges have no jurisdiction in hac parte in a civil cause of debt challenged on a Clerk or declaring how it came to pass that the proceeding judgment or determination

Dispensation Absolution or any other pretence or cause shall alter or make us recede from the same Fourth Paper and it given the DUKE by James Dempsy late Vicar Apostolick of Dublin and Capitulary of Kildare April 1. and same Year also 1664. present Lord Dillon and Milo Power FOrasmuch as we cannot own any Authority whatsoever that may be pretended in any wayes neither Spiritual nor Temporal derogatory from the right Power and Authority of His now Majesty CHARLES the Second and His lawful Successors we do therefore engage our selves to expose our Lives if and as often as occasion shall require in defence of His Majesty and His lawful Successors their Persons Crown Authority and Dignity against any Prince Potentate or power Spiritual or Temporal whatsoever who shall by force of Arms or any other way invade any of His Majesties Rights or Authority or Dignity in any of His Dominions and particularly we shall oppose to the utmost of our power all Attempts whatsoever tending to the depriving of His Majesty of any of His Rights Kingdoms or Dominions or the lessning of His Dignity Right or Authority in the Government thereof A fifth Paper yet and far more formal and material too than any of those four was given the DUKE in the month of May the same Year and given his GRACE as from or to be Subscribed by the Clergy both Secular and Regular of the City and Diocess of Dublin as in order also to and with promise of their endeavors and hopes it should be Subscribed by all the rest of Ireland so his GRACE would prevail with His MAJESTY to accept of it and be content with it in lieu of that subscribed and presented at London in 1661. But forasmuch as this Paper was not sign'd by any as neither was any of those other four only Daly's excepted but in that form wherein it was given the DUKE was disown'd generally even by the very Dublin Clergy and no man at all of them would own it as to the most material passages I say no more of it nor will trouble the Reader with a Copy here Yet this much I will advertise the Reader That if he be taken with the first perusal of any of the said Papers or Formularies he may be pleased to suspend his judgment till he first read also not only my observations on the Franciscan Formulary which he shall find in the last Section of this First Part of the First Treatise but also the Second Part of this same First Treatise which Second Part is of bare matter of Fact in the general Congregation held in 66. and read moreover my Second and Third brief Treatises following which declare the meaning of the Remonstrance framed and exhibited by that Congregation and likewise the meaning of the three first Sorbon late Propositions as applyed subscribed and presented by them also and lastly read the fifteen Propositions of the Doctrine of Allegiance which follow immediately the Fourth Treatise in this same Book And then let him judge in Gods Name according to Reason and Conscience and circumstances too of the place and persons whether any such Formulary as you see here be sufficient as from such a Clergy LXXX ABout this time being June 1664. the chief opposers of the Remonstrance of 1661. were grown too too insolent and not insolent only but extremely injurious to those who had subscribed and constantly maintain'd it as both expedient and necessary To such insolency and injuries they were encouraged by several Accidents of the last six or seven Months 1. That when the DUKE was to send with a Guard of Horse a certain Churchman of their Religion and Combination Prisoner from Dublin to Carrigfergus and for an Example to the rest albeit he was not made Prisoner upon account of not subscribing his GRACE upon Letters from the QUEEN or others at Court in behalf of the said Churchman did not command him so away as was intended but permitted him to enjoy all freedom at Dublin 2. That much about the same time another certain person whom I will not here name and a Churchman too by his calling as a Gentleman by his birth and one moreover who not only had some interest in several persons of Quality at Court and a power to persuade them but was ingenious and inventive enough to find out new pretences for any intrigue upon and for a promise made to him by some other Irish Churchmen of Five hundred pounds for his pains wrought so at Court and by his specious pretences that having to this purpose gone thither from Ireland he procured a Letter from one of the Secretaries of State to his Grace the Duke of ORMOND LORD LIEUTENANT of Ireland to suspend his farther prosecution of any endeavours for getting that Remonstrance of 1661. sign'd or pressing any other such on the Irish Clergy Albeit I confess the DUKE soon after receiving this Letter having replyed got it revoked again And that the Gentleman who procured it came so short of his expectations of the Five hundred pounds promised him that being return'd those who promised him that Sum finding all his endeavours were suddenly thwarted by a later Letter did not give him as much as Five pounds nor Five pence of it For so himself told me as he told me the particulars of his own Acting to procure the foresaid Letter but told me then only when he failed of the money and not before 3. That notwithstanding the Jesuites Dr. Daly and James Dempsy were sent for appeared and refused to sign that Remonstrance of 1661. or come home in other words to it yet they were dismissed again and both they and all other even the most violent opposers of it were as free or had as much liberty to exercise their Functions both in Countrey and City as any of the most Religious and most Affectionate Subscribers of it 4. That some of the Catholick Lawyers their own Countreymen and Friends assured them They could not by Law suffer either Banishment Imprisonment or other penalty for not subscribing it because it was a Declaration which was not yet Enacted by any Law and therefore they could not by any kind of penalty be forced to it 5. And lastly That my LORD LIEUTENANT was then forced to go for England and consequently none to look much after that business till his return besides that his return at any time in the former capacity was uncertain These five several Accidents of the last six or seven Months taken all together jointly with the general persuasion grounded on former experience that if any of the opposers of that Remonstrance of 1661. should peradventure on that pretence or other whatsoever warranted by the Laws chance to be restrain'd or imprison'd the rest abroad at liberty would get and send them for such their opposition and constancy or rather obstinacy therein sufficient contributions to maintain them in Prison and that too much better than if they were at liberty and cry them up

here that which they call so or the Sicilian Monarchy both in temporals and spirituals and by a thousand other oppositions against the proceedings Bulls and other attempts of several Popes by themselves and Nuncius's and yet more particularly and more home to the point out of the Spanish Divines that write of this question and out of the great esteem of Catholickness the Spaniards have of such Authors and in particular and above all the rest for Alphonsus de Castro who in his book de haeresibus proves so clearly and by so many instances the Popes fallibility even as he is Pope I say that hence it sufficiently appears this question and solution of it against the Popes infallibility is not so odious at all in that great Spanish Monarchy That I have my self in the Low-countreys an appendage of it being present some eight or nine and twenty years since or there abouts in Lovaine at the publick disputes of the two famous Professors then of Divinity in the Colledge of the Jesuits De Young and Derkennis heard and seen and read in their printed Theses's under their own names one of them in the forenoon and the other in the afternoon maintain the contradictories upon the subject of this question one of them in his general conclusions Ex tota Theologia asserting that Papa ut Papa errare non potest in definiendis controversiis fidei and the other in a particular matter as they call it which was de Fide Spe charitate that Papa ut Papa errare possit in definiendis etiam fidei Controversiis So that the very Fathers of the Society then in that Countrey and in that very ho●se where Bellarmine himself taught have been so far from reputing this question so odious that they disputed and determined it against this pretended infallibility of the Pope That no where to day out of Italy alone it may be with any colour said to be so odious if not perhaps in the Colledge of Cleremont and there only too peradventure to some very few two or three perhaps those inconsiderat men who out of vanity and folly raised of late so great a storm against and fixed so great a blemish on their own Society or that house in particular by their blasphemous Theses which is called the new heresie of the Iesuites because it asserted the Pope to be as infallible even in matter of fact as Jesus Christ our Lord and Saviour no where in Italy it self out of the Popes temporal Jurisdiction nor there is it by others then States-men and Courtiers if not by some few and raw or young smattering and flattering and some other few ambitious and consequently fearful Divines or Canonists That neither the Popes themselves how jealous soever and zealous for maintaining their own power not even the most blessed Father Alexander the 7th who sits at this time in St. Peters Chair accounts it so odious not even now after he hath seen this sixth and solemn Declaration or Proposition of the Sorbonists upon it For if they had accounted it so odious how comes it to pass that we have never yet seen one Declaration of theirs or of any of them since Gregory the 7th whom I find to be the first pretended it in plain terms though herein as unfortunate as in his other pretence of the whole Earths Monarchy or power from Christ to dispose at his pleasure of the Crowns and Empires of the world and to depose Princes how comes it I say to pass that ever since for so many hundred years wherein the question has been canvassed we have not seen as much as any one single Declaration of any Pope against that clear express resolution of it in the negative and in so many Catholick and great Writers Gerson Almain Castro Adrian c. whereof one was a most virtuous Pope In quaest de confirmat Adrianus Papa Sextus which resolution or determination of it in the negative against the Popes infallibility was that only renders it so odious in Father N. N's esteem Or how comes it to pass that now so lately eight entire Universities some hundreds of Doctors together and by consequence the whole Gallican Church in effect debating determining the same question and in the negative also our most blessed Father Alexander the 7th if he had conceived it or their resolution so odious in point of religion or conscience tells not them or the rest of the world so much at least or at least of the very question and resolution in it self without any mention of them That if it be or suppose it be so odious or odious at all to the Pope or Court of Rome and to the Jesuites or some of them or a few other Church-men in several Countreys dispersed sticklers for the temporal greatness of that Prince or Court and sticklers for it so either out of ignorance or pre-occupation or ambition or fear and awe they stand in of their immediate or mediate Ecclesiastical Superiours yet Father N. N. should consider 1. That all these taken together make not up the number of forrein Catholick Nations nor as much as one of them or of those forrein Catholick Nations whose dis-esteem of disfavour they are so loath to hazzard 2. That albeit the Popes alone or his Courts dis-esteem or dis-favour be much to be regarded at least by such as have their temporal dependencies of his Holiness whether in Ecclesiastical Benefices or otherwise and whether within his own temporal Jurisdiction or without or in that of other Princes or States yet where the debate or controversie is in point of Religion or Faith especially of such a one as all the very fundamentals of all Religion and Faith depends of it there is no conscientious knowing Christian will say That either the esteem or dis-esteem favour or dis-favour of any Court or Prince on earth temporal or spiritual should have over at least the Priests of God and their Arch-priests too gathered together out of a whole Nation such power or keep them in such awe as therefore to wave the declaration of their Conscience or Faith in such a point being solemnly demanded it and by the lawfullest and greatest Authority could demand it of them For any such Christian will say that to do so would become very ill the Successors of the Apostles commanded upon all occasions to preach the Gospel of the Kingdom and all the truths of it sincerely though they should be hated and persecuted by all men even to death for doing so And could to this purpose mind Father N. N. and the Congregation of that command of Christ Ite docete omnes gentes and docentes eos omnia quae mandavi vobis And also of that judgment of his Mat. 10. Luk. 9. Mark 8. Mat. 10. Qui negaverit me verbunt meum as Mark has it in generatione ista adultera peccatrite ego negabo eum coram Patre meo qui in caelis est filius hominis