mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them for letting setting and improving the Estates of all such person and persons as shall adhere to any Party opposing His Majesties authority and not submitting to the Peace and that the profits of such Estates shall be converted by the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being to the maintenance of the Kings Army and other necessary charges until settlement by Parliament And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall have power to applot raise and levy means with indifferency and equality for the buying of Arms and Ammunition and for the entertaining of Frigots in such proportion as shall be thought fit by His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them the said Arms and Ammunition to be laid up in such Magazines and under the charge of such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them to be disposed of and the said Frigots to be employed for His Majesties service and the publick use and benefit of the Kingdom of Ireland And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall have power to applot raise and levy means with indifferency and equality by way of Excise or otherwise in the several Cities Corporate Towns Counties and parties of Counties now within the Quarters and only upon the Estates of the said Confederate Roman-Catholicks all such Sum and Sums of money as shall appear to the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them to be really due for and in the discharge of the Publick engagements of the said Confederate Catholicks incurred or grown due before the conclusion of these Articles And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall be authorized to appoint Receivers Collectors and all other Officers for such monies as shall be assessed taxed or applotted in pursuance of the Authorities mentioned in this Article and for the Arrears of all former Applotments Taxes and other Publick dues yet unpaid And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them in case of refractoriness or delinquency may distrain and imprison and cause such Delinquents to be distrained and imprisoned And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them make perfect Books of all such monies as shall be applotted raised and levied out of which Books they are to make several and respective Abstracts to be delivered under their hands or the hands of any seven or more of them to the several and respective Collectors which shall be appointed to levy and receive the same and that a Duplicate of the said Books under the hands of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them be delivered unto His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being whereby a present accompt may be given And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or them shall have power to call the Council and Congregation and the respective Supreme Councils and Commissioners General appointed hither to from time to time by the said Confederate Roman-Catholicks to manage their publick affairs and all other persons answerable to an accompt for all their Receipts and Disbursments since the beginning of their respective employments under the Confederate Roman Catholicks XXVIII Item It is concluded accorded and agreed by and between the said Parties and His Majesty is graciously pleased That for the preservation of the Peace and tranquility of the Kingdom the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of
the foresaid Six of Sorbon applied c. Whereof you may see more in the Second Part of the First Treatise pag. 687. XVIII I can give no other excuse for the meanness or rather badness of my stile all along this Book but either my own inability to make it better or certainly my want of leasure to review or mend it having been necessitated to send my very first rough draughts sheet by sheet as I writ them to the Press Which was the reason that I took no care nor could of the language though I took enough of the matter I knew even when I was writing that I enlarged often and repeated the same things not seldom where I needed not were it my design to write onely for the Learned or those of quick apprehension But seeing those I intended chiefly to speak unto were the Roman-Catholick Clergy of Ireland whereof very few are great Clerks I chose that manner of writing for their sake that the meanest of them might understand whatever I would be at XIX My reasons for annexing those three several Appendixes which after the Fourth Treatise you find in the end of the Book were chiefly 1. To convince thee good Reader with the greater clearness and evidence how necessary it was for the Roman-Catholick Clergy of Ireland either to approve of and subscribe the foresaid Loyal Formulary of the year 1661 or certainly some other containing at least the substance thereof in point of indispensable Faith and Obedience to His Majesty being as it appears in the said Appendixes they had been formerly as to the generality or at least greater part of them so obnoxious to the Laws even after and in other instances than either the First Rebellion in 1641 or the continuance of the War till 1646 or even the breach of the First Peace or of that Peace I mean concluded published and received the same year 1646 both at Dublin Kilkenny and some other places and yet after all since His Majesties happy Restauration would be thought good Subjects and have expected as to matters of Religion the benefit of the Second Peace viz. of that of the year 1648 or at least a connivence at their free and publick exercise of Religion and respective Functions 2. To convince thee also how unreasonably the Fathers in particular of the foresaid National Synod or Congregation at Dublin in the year 1666 refused not only to subscribe or approve the above Loyal Formulary of 16661 nor only to give any other of their own framing which could signifie any thing more than a plain resolution of their side against being bound by Subscription or any other kind of profession to continue Loyal but even so much as to petition His Majesty for pardon nay so much as to acknowledge any Errour committed by them or any others of the Irish Clergy in the late Wars of that Kingdom 3. Besides I consider'd that in several places of this Book I related to the matters contain'd in those Appendixes And I thought it not amiss for that very reason to annex them at length were it but for satisfying the Reader 's curiosity XX. For what concerns particularly the First Appendix viz. the Kilkenny little Book of Queries c I had this further motive to re-print and annex it here that I might thereby shew the Reader I have not even in this present Work taught other Doctrine than such as might be consequential to and grounded upon those general Maxims of Truth and Faith and Duty and Obedience owing to the Supreme Temporal Magistrate notwithstanding any decision of the Pope to the contrary which I had so long before laid down and asserted even Four and twenty years since in that little Piece of mine * How much I suffered 〈◊〉 particularly for having been the genuine onely Author of that Kilkenny Book of Queries and how Emerus Mac Mahon the Bishop of Clogher threatning me therefore to my own face before at least Twenty Religious men swore a bloody Oath That if or although all Ireland were or should happen to be forgiven for their opposing the Nuncio yet I should never be forgiven especially for having written that Book See Pag. 584 in the Second Part First Tome at Kilkenny and asserted also therein even with the joint approbation and concurrence of One and thirty zealous Roman-Catholick Divines under their own proper hands whereof two were Bishops and the Bishops then of most repute for Learning and Piety in Ireland viz. David Roth Bishop of Ossory and Thomas Desse Bishop of Meath the former a Doway Doctor of Divinity and the latter a Parisian Doctor in the same Faculty Besides I had this other motive also viz. That I think what is there said to shew the Nullity of Rinuccini's Censures of Excommunication and Interdict against the Supreme Council c. and to shew it as well ex natura rei i. e. for want of any sufficient cause or mortal sin or contumacy against which they should have been fulminated as by vertue also of the Appeal interposed even the very same Discourse the same Reasons and Canons and other Authorities alledged there in answer to the Second Querie do no less manifestly in all points evince the Nullity of the several late Censures of Excommunication against me Indeed amongst those who understand my Latin Vindication * Hibernica Tert. Part. Epist I. ad Haroldum I need no such help but amongst others who understand English onely I thought it not amiss for this very end to cause a Re-impression here of that Book XXI It is true I do my self subscribe to that Book not as the onely Author but as one of the Colledge or of the Sixteen Answerers to the Queries propounded by the then Supreme Council of the Confederate Catholicks of Ireland to David Lord Bishop of Ossory and the Colledge of Divines convened by him at the desire of the Council of purpose to answer those Queries Nor would I nor could I otherwise do for two Reasons 1. That I was desired by that Colledge of Divines to write in their name that Book of Queries and Answers c so as they all might jointly Sign it as their common and unanimous Resolves on the Queries proposed to them 2. That the immediate end of writing it was to undeceive the generality of the Irish Nation at that time divided in all Provinces Counties Baronies Parishes Cities Towns Villages and almost Houses throughout the Kingdom about the Cessation with Inchiquin of one hand and the Censures of Excommunication and Interdict of Rinuccini on the other It was to persuade them of the injustice and nullity of the said Censures and of the consequent obligations of all Church-men to open all their Churches and both Church-men and Lay-men to frequent their said Churches as they did before and not to regard but plainly to slight the Censures of the Nuncio enjoining the contrary Now the duller sort of the Commonalty was more like to be persuaded by
their or hinderance to annoy them Yet for ample satisfaction we further say to the first part of this Objection that as doubtless it concerns more nearly the Supreme Council to know the condition of the Countrey as who only were then and are yet entrusted with the Government were and are more often and more particularly inform'd so it belong'd and yet belongs to them of right to declare the ability or disability of the Countrey for War and the necessity and profit of either Cessation or Peace and consequently to conclude a Cessation and Peace or continue War we mean so far as the General Assembly furnisheth them with power as in this particular of concluding the present Cessation they have Unto which determination of theirs and unto all other in matters meerly civil such as this is where manifest sin doth not appear as in this business appears not the Lords Spiritual and both Clergies Regular and Secular are to obey as Subjects bound hereunto in Conscience and under mortal sin according to the consent of Holy Fathers and Divines where the matter is of moment and specially when it concerns the peace of the Commonwealth and allegiance to the Crown or Kingdom not to resist as Judges (q) See the Fathers and Expositors on Rom. 13.2 Oecumenius Theophilactus Augustine Ambrose Bernard with Cornelius a Lapide Omniâ— anima sayes Chrysostom potestatibus supereminentibus subdita su sive Apostolum sis sive Evangelista sive Propheta c. All other Fathers and Expositors together with Chrysostom understanding the same passage of St. Paul of obedience due to the Civil Magistrate and due unto them even by Churchmen With this sense of Fathers and Expositors all Catholick Divines agree See them together with Canon 〈◊〉 and Canons â—o this purpose in great numbers with Laymaâ— 1. l. 1. Tract 4. c. 13. and Becan in his Sum. Theol. de Leg. ham c. 6. qâ—â—i Nay that not only the Civil power obligeth thus indirectâ—y but also directly by their Laws or Commands Victoria Soto Medina and many others maintain However this be all confess that Cleâ—ks are bound in Conscience to obey the just Ordinances of the Commonwealth and undoubted it is that they are to be accounted just until manifestly they appear unjust That the Civil Laws and civil Commands of the Commonwealth or of the Civil Authority do bind Consciences to their performance under mortal sin if the thing commanded be of moment Vasquez teacheth d. 18. c. 4. and other with him Suar. l. 3. c. 27 n. 4. who are cited and followed by Becan in Sum. Theol. de Leg. hun c. 6 q. 3. n. â—i â—ii As for the second part of the said Objection it cannot be more cleared than it hath been by your Lordships in your printed answers to the Lord Nuncio 's Propositions and in your printed Declarations in pursuance of the said Answers in both which you declare unto the World and oblige your selves not to receive any other Peace but that which hath been agreed upon by the last Assembly and transmitted with the Agents unless peradventure the Kingdom and Assembly shall otherwise decree for the good of the Commonwealth Unto which Decree you are by Oath as other Confederates to conform and submit your own judgments And verily what could be more expected from your Lordships you are Confederates you took the Oath of Association you were thought worthy by both Estates Ecclesiastical and Temporal in a general Assembly to have the Kingdom put into your hands and the power of concluding a Cessation residing only in your breasts you were esteemed per consequence by the Nation to be men of honour wisdom and conscience finally what your Honours did in this business was through the vehement desires of the Provinces and known necessities of the Confederates and hath been likewise generally approved of and received by all the Catholick party in Ireland yea with joyes and thanks as the only mean of their preservation only a few refractories oppose it men without any rashness but with much grief we speak it who seem to have the evil of proper interest before their eyes unconscionable designs in their hearts and who have for such unworthy ends sufficiently discovered themselves enemies of all publick quiet and happiness of the Nation What the seditious Libellist Author of the Vindication who by that scurvy piece hath nothing served but much disserved the Nuncio here objects against the opinion we are to hold of your integrity and likewise against even your authority or power in signing the Cessation where he sayes 't was only concluded by a malignant infamous perjur'd Party of the Supreme Council by others inveigled by them and by some who officiously signed being no members of the Council this forged Calumny we say might be contemn'd and in regard it is so known to be a meer fiction of a Libellist not otherwise answered than that his Pen had too much gall and poyson and his matter neither rime nor reason Yet to undeceive the deceived if any be such and to prevent or take away the impression which perhaps the reading or hearing of this unknown detracter might give or hath given some simple Souls we thought fit to insert in this place two Acts of General Assemblies whereby this Impostor may be confounded The first is a Declaration made by the universal vote of the Kingdom in the year 1646. Febr. 2. vindicating these members of the Supreme Council from these aspersions of Perjury and Disloyalty then first endeavoured to be cast upon them by their Adversaries but now revived again from Hell by the Libellist in their negotiating with the Marquess of Ormond the rejected Peace The words of the Declaration are these And this Assembly do hereby likewise declare That the said Council Committee of Instructions and Commissioners of the Treaty have faithfully and sincerely carried and demeaned themselves in their said Negotiation pursuant and according to the trust reposed in them and gave thereof a due and acceptable account to this Assembly Given at Kilkenny the 2d day of February 1646. Surely this Declaration made after exact debate of the matter by the Lords Spiritual Temporal and Commons in a general Assembly of the whole Kingdom must be of more weight and power to persuade any reasonable creature than a passionate and obscure Libellists bare assertion At least the new and legal establishment of such members in their former dignity and government of the Kingdom notwithstanding all the opposition made and labours taken by their Adversaries to brand them with some character whereby to render them incapable must convince any judgment Is there any likelihood that a whole Nation in its Representative body the General Assembly and ever since in all its real parts in all Provinces Counties Cities Towns yea and Armies would have tyed themselves and sworn to obey them whom they had either proved or justly suspected not to have discharged the trust imposed or therefore had been
offences of what nature kind or quality soever in such manner as if such Treasons or offences had never been committed perpetrated or done That the said Act do extend to the Heirs Children Kindred Executors Administrators Wives Widows Dowagers and Assigns of such of the said Subjects and their Adherents who dyed on before or since the Three and twentieth of October 1641. That the said Act do relate to the first day of the next Parliament That the said Act do extend to all Bodies Politick and Corporate and their respective Successors and unto all Cities Burroughs Counties Baronies Hundreds Towns Villages Tythings and every of them within this Kingdom for and concerning all and every of the said offences or any other offence or offences in them or any of them committed or done by His Majesties said Subjects or their Adherents or any of them before in or since the Three and Twentieth of October 1641. Provided this Act shall not extend to be construed to pardon any offence or offences for which any person or persons have been convicted or attainted of Record at any time before the Twenty third day of October in the year of our Lord One thousand six hundred forty and one That this Act shall extend to Piracies and all other offences committed upon the Sea by His Majesties said Subjects or their Adherents or any of them That in this Act of Oblivion words of Release Acquittal and Discharge be inserted That no person or persons Bodies Politick or Corporate Counties Cities Burroughs Baronies Hundreds Towns Villages Tythings or any of them within this Kingdom included within the said Act be troubled impeached sued inquieted or molested for or by reason of any offence matter or thing whatsoever comprized within the said Act And the said Act shall extend to all Rents Goods and Chattles taken detained or grown due to the Subjects of the one party from the other since the Three and twentieth of October One thousand six hundred forty and one to the date of these Articles of Peace and also to all Customs Rents Arrears of Rents Prizes Recognizances Bonds Fines Forfeitures Penalties and to all other Profits Perquisites and Dues which were due or did or should accrue to His Majesty on before or since the Three and twentieth of October One thousand six hundred forty and one until the perfection of these Articles And likewise to all Measne-rates Fines of what nature soever Recognizances Judgments Executions thereupon and penalties whatsoever and to all other profits due to His Majesty since the said Three and twentieth of October and before until the perfection of these Articles for by reason or which lay within the survey or cognizance of the Court of Wards And also to all respites issues of homage and Fines for the same Provided this shall not extend to discharge or remit any of the Kingâ—s debts or subsidies due before the said Three and twentieth of October 1641. which were then or before levied or taken by the Sheriffs Commissioners Receivers or Collectors and not then or before accompted for or since disposed to the Publick use of the said Roman-Catholick Subjects but that such persons may be brought to accompt for the same after full settlement in Parliament and not before unless by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them the said Lord Lieutenant shall otherwise think fit Provided that such barbarous and inhumane Crimes as shall be particularized and agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunric Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them as to the Actors and Procurers thereof be left to be tryed and adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them And that the power of the said Commissioners shall continue only for Two years next ensuing after the date of their Commission which Commission is to issue within six months after the date of these Articles Provided also that the Commissioners to be agreed on for tryal of the said particular Crimes to be excepted shall hear order and determine all cases of Trust where relief may or ought in equity to be afforded against all manner of persons according to the equity and circumstances of every such cases and His Majesties chief Governour or Governours and other Governours and Magistrates for the time being and all His Majesties Courts of Justice and other His Majesties Officers of what condition or quality soever be bound and required to take notice of and pursue the said Act of Oblivion without pleading or suit to be made for the same And that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other precept for concerning or by reason of any matter cause or thing whatsoever released forgiven discharged or to be forgiven by the said Act under pain of Twenty pounds sterl And that no Sheriff or other Officer do execute any such Writ Process Summons or Precept and that no Record Writing or memory do remain of any offence or offences released or forgiven or mentioned to be forgiven by this Act and that all other Causes usually inserted in Acts of General pardon or oblivion enlarging His Majesties grace and mercy not herein particularized be inserted and comprized in the said Act when the Bill shall be drawn up with the exceptions already expressed and none other Provided alwayes that the said Act of Oblivion shall not extend to any Treason Felony or other offence or offences which shall be committed or done from or after the date of these Articles until the first day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in pursuance of these Articles of Peace agreed upon or any Act or Acts which shall be done by vertue colour or pretence of the Power or Authority used or exercised by and amongst the Confederate Roman-Catholicks after the date of the
by expending their substance in an extraordinary measure and their lives upon all occasions abundantly testified their sincere and irremovable affections to preserve His Majesties rights and interests intire unto Him so they will for the future with the like chearfulness in attaining those ends endeavour to overcome all the difficulties which the Enemies power and success have laid in their way And that we who are here met and doubt not the same in general is the sense of the Nation will with all care and earnestness endeavour not only to conserve in the People such their good inclinations but if any person or place shall be refractory or decline that obedience which is due to His Majesties authority we shall contribute our best endeavours to reduce them and make them conformable to the same And although we may not undertake to remove at present the distrusts and jealousies the People entertain through the want of success in services the sense of their sufferings and apprehensions for want of redress of their Grievances yet we hope by the blessing of God in the success of His Majesties Forces in this Kingdom when Your Excellency is pleased to apply befitting Remedies to the pressures and grievances of His Majesties Subjects to be able to remove those apprehensions in them And as Your Excellency by an Instrument dated at Loghreogh the 27th of March last and presented unto You in the name of the Roman Catholick Prelates of this Kingdom may observe their hearty affections and inclinations to be obedient unto and co-operate with His Majesties authority in all the wayes of His service so shall we who are here met omit nothing within the reach of our endeavours which shall tend to the same end of maintaining His Majesties authority over us and his undoubted interest in this Kingdom And in order thereunto we do humbly beseech Your Excellency to appoint Commanders in the several Provinces to whom those of His Majesties Subjects who by the excitements of the Clergy ready with alacrity to undergo that care shall be encouraged to take Arms may repair for opposing the power of the Rebels now drawing to a body And the better to enable them thereunto and for the greater encouragement of those they shall persuade to proceed in the service that a certain setled course be taken whereby the means to be raised in the Countrey for them may be applied to their maintenance and not to any other use And this is humbly desired by us here met to be immediately setled to the end that while other matters which concern the redress of Grievances regulating of the Revenue and the carrying on of the War which require time to be Treated of are in preparation the People may be brought to a head to resist the Enemy and stop their further progress Which we are confident may be effected by the unanimous resolution which we find in all men to put their hands to the work and to give a signal testimony of their willingness to preserve themselves under His Majesties obedience Thus humbly taking leave we remain Loghreogh ult April 1650. Your Excellencies most humble Servants Thomas Cashell Dillon Mountgarett Netervill Taaffe Muskery Ed Lymiricensis Wal B Clunfert Fr. Hugo Duacensis Rob Corcagiensis Cluanensis Fr. Antonius Clonmacnosensis Episcopus Upper Ossory Athunry Rich Farrall Patr Purcell Lucas Dillon R Everard Nich Plunket Rob Purcell Geoffery Browne Ter O Neill Gerald Fennell AFter Our hearty Commendations in answer to your Letter of the last of April VVe think fit to mind you That upon Our communicating unto you His Majesties Letter of the second of February VVe then acquainted you at large with what had passed at Waterford which being by Us represented to His Majesty occasioned His sending the said letter as also that VVe found the City of Lymerick had taken example thereby to affront and contemn His Majesties authority placed in Us and from Us by consent of the Representative of the Confederate Catholicks at the conclusion of the Peace derived to the Commissioners Both which you pass over with an extenuation of those disobediences and by attributing them to some misunderstandings you seem in a manner to excuse them whereas VVe had reason to expect that sutable to your general professions you would have resented the particular deportment of those places and proposed unto Us how the contrivers thereof might be brought to justice and the places reduced to perfect obedience For as your professions of care and earnestness to endeavour not only to conserve in the People the good inclinations you find in them but that if any person or place shall be refractory or decline that perfect obedience due to His Majesties authority you will contribute your best endeavours to reduce them and make them conformable to the same cannot be evidenced or made good by you but by applying those your endeavours where We give your particular undeniable instances of refractoriness and disobedience so there can no instance thereof be more pregnant nor if it be persisted in more destructive to His Majesty and the Nation than that of Lymerick to the immediate reducing whereof We therefore thought and do now expect you would effectually apply your selves We are well satisfied that the generality of the Countrey and Nation who have given the proofs you mention of their sincere affections to preserve His Majesties Rights entire unto Him will persevere therein if those upon whose example and advice they very much fix their resolutions be active and industrious to lead and exhort them thereunto But we must withal let you know That We cannot hope that those their good affections and alacrity in defence of His Majesty and thâ—â— own interests can be successful if the City of Lymerick and all other Cities and Towns be not in perfect obedience and immediately be put under a Military government for Military matters and thereby into a condition of defence and offence Which to conceal from the People were towards them as great a Treachery as it would be in Us a vain rashness without such obedience first gained to attempt the opposing the strength and power of the Rebels And therefore We must and do declare That as the particular refractoriness of the City of Waterford hath more than any other humane means contributed to all the successes of the Ribels in those parts since our being at Waterford and as the waâ— of a strong Garrison in Lymerick which We long since desired might be received there but could not prevail hath been the greatest visible means whereby the said Rebels have with small or no resistance gained or destroyed the County of Lymerick and other parts adjacent so the entire loss of the Kingdom to His Majesty and the destruction of the Nation which We have no hope to prevent but by strongly and presently Garrisoning and fortifying the said City must be imputed to the obstinacy of that City if it shall persist therein and to whoever 〈◊〉 ages of
of the Land does warrant or hath at least sometime warranted That to the Crowns of England Ireland and Scotland as we can see no derivation of Divine right from Christ by St. Peter to His Holiness so neither can we see any colour of Humane right by any such consent c. That the late and last evasion of Bellarmine * Bellarmine against Barclay and others from the Argument grounded on that before-mention'd passage of St. Paul's command to the Romans and on the conformable practice of the primitive Christians when being most numerous and able to defend themselves they suffered nevertheless patiently under the Sword of persecuting Emperours is such a wicked device as makes the Apostles meer Temporizers in their Doctrine and consequently such as calls in question the whole truth of the Gospel Which to assert though onely by the sâ—quel of a slie distinction or unevading evasion is clearly no less than Blasphemy in Christian Religion Lastly That to approve so much as by silence those Principles and Practices the defence of which drive their Patrons at last to such Blasphemy yea not to condemn expresly those Positions and Actions which declare or infer it to be lawful for Subjects to dethrone nay to kill their Princes and embrue their hands in the blood of those Fellow Subjects that are defending their Princes and to act so much horrid cruelty upon the onely account of such improbable Rights Titles or Pretences of the Pope and See of Rome or even upon the joint account of introducing or re-establishing the Roman-Catholick Religion is no other than to approve at least consequentially or tacitely that which overthrows all Divine both Law and Testimony all Religion and right Reason whatsoever Nay that it is no other indeed than not onely to contradict the whole Doctrine but even to frustrate the whole design of the Gospel which either was none at all or without any question was to convert the world to God by the word of the Cross (a) 1 Cor. 1.18 and lead Souls to Heaven through the strait gate and narrow way (b) Mat. 7.14 And what are these but the mortification of our senses the contempt of riches pleasures greatness honour dominion and all the gaities of this world The crucifying of our Lusts whether Pride or Vain-glory or whatever else is or leads into sin Finally the practice of all contrary virtues especially those of humility and charity and meekness and a patient suffering in this life all the evils that God permits man to inflict Persuade your selves hence That the wrath of man works not the righteousness of God That the wisdom which is from above is gentle and peaceable as well as pure and That 't is a more glorious thing to gain one Soul to Christ by the soft and still voyce of the Gospel than to destroy a multitude because they will not come into the Fold before the chief Shepherd leads them Think besides that if the Church from particular grew Universal or Catholick by persecution and that the blood of Martyrs was the seed of the Church we should remember from whence we were hewen and tremble by contrary methods to be the Instruments of bringing Religion to that pass that there shall scarce be found Faith upon earth (c) Luc. 18.8 See moreover with your own eyes the fatal Catastrophe of all those Roman-Catholicks who in these very Nations have pursued such contrary methods at any time since 1537. Behold so many thousand heads crush'd in pieces under the Divine vengeance as broken Masts advanced on the Promontory of Rocks to give notice of the deplorable Events they have found even in this world whose example nevertheless but too many of your present Teachers advise you to follow when they dissuade you from condemning or disowning the same contrary methods the very same unchristian wayes Yea particularly behold on the most eminent place of the Promontory those Apostolical Ministers and Legats of the Holy See in Ireland Nicholas (a) He was an 1579 by Gregory XIII sent Nuncio to Ireland but with a Consecrated Banner and some Italian and Spanish Troops to invade that Kingdom as they did but were defeated by the Lord Grey Sanders an English man wandring alone in the Mountains of Kerry and starving there to death under a Tree Owen Mac Egan (b) Alias Eugenius O Hegan He was in the Rebellion of Tirowen made Bishop of Ross was great with the King of Spain was Vicarius Apostolicus in Ireland under Clement VIII had power from His Holiness to dispose of all the Ecclesiastical Livings of Munster but as Captain leading a Troop of an hundred Horse against the Loyallists with his Sword drawn in one hand and his Breviary and Beads in the other he was Slain and his Troop Routed an 1602 3. of Irish birth and race giving up his last breath even yet in a much more unepiscopal unclerkly unseemly manner And John Baptist Rinuccini (c) This good Italian Archbishop Prince and Extraordinary Nuntius in Ireland after many former practises by himself and his Dean Dionysiâ—s Massarius at last in the year 1648 May 27. issued out his Excommunication c. July 13 following he summoned a National Synod to appear at Galway After which the Supreme Council declaring on the 28 that such a National Synod could not be he issued out his Bloody Declaration which together with the effects of it put all Ireland in confusion and obliged the Loyal Party there to drive him out of the Countrey which he left Febr. 23. the same year 1648 9. What happened in the mean while at home in his own Diocess and especially in his Episcopal See of Fermo you may read in the Moderate Intelligencer Where in the Letters from Rome of July 11 2â— and July 17 27 of that year I find That lately before there had been an Insurrection of that people of Fermo against their Governour Seignior Visconti whom they slew and made themselves their own Masters They endeavoured to excuse this to the Pope their chief Lord under whom the Bishop is Prince of that City But the Pope not satisfied with their excuse sent Seignior Imperiale his Apostolick Commissary with an Army of Horse and Foot to chastise them He sent a Company of Corsicans before whom they received into the City and then fell upon them and made them Prisoners Other Towns in that Countrey of Marca dell ' Ancona Rebelled by their example and the secret encouragement they had received from the Spaniards of Naples By the Letters of Aug. 3. S. N. it appears that they sent again to the Pope but then He would not hear them The mean while Impiriale I know not how became Master of the City i. e. Fermo By the Letters of Aug. 15. S. N. 't is said he had then filled the Prisons with the Inhabitants of that City By those of Sept. 1. S. N. 't is said that yet they were in Arms about the Countrey
deny the King to be above His Parliament answer'd 46. and from thence to 53. Disparity shewn of one side between the Independency of the Royal Power from the Parliament and Dependency of the Papal from the Church and of the other between the Independency of a General Councils power from the Pope and the Dependency of the Parliaments from the King 50 51 52. The two last Paragraphs of their Paper at length concerning the Sixth Gallican or Sorbon Declaration which is against the pretended Infallibility of the Pope 53. In which two Paragraphs after first they had mistated the Question and after so many disguises and windings the sum of what the Congregation would say is That the foresaid Sixth Gallican Sorbon or Parisian Declaration viz. it denying the Infallibility of the Pope is impertinent odious unprofitable unfit to be disputed in Ireland relates to Jansenism is suspected to be under-hand furthered by some of that way and finally tends to the disturbance of both King and Countrey 52. This whole sum and every particular thereof answered in order from the said p. 53. to the last of the Treatise viz. p. 59. The five Propositions of Jansenius which are called Jansenism 77. Finally That to Father N.N. the Composer of the foresaid Paper of Reasons and by occasion of the very last words of that Paper viz. these to the disturbance of both King and Countrey the Procurator may answer what the Prophet Elias did to Achab Non ego turbavi Israel sed tu domus Patris tui qui dereliquistis mandata Domini sequuti estis Baalim Nay that the Catholick Church of Christ especially in Ireland as it comprises all both Ecclesiasticks and Laicks of either Sex hath already cause enough and will I fear have much more yet to say as well to him and the Congregation as to all other such preposterous Defenders of Her Interests what Jacob said to Simeon and Levi Turbastis me odiosum fecistis Chananaeis Pherezeis habitatoribus terrae hujus IMmediately after the end of the Fourth Treatise you may find the Fourteen Propositions * A further account of these Fourteen Propositions c. See Treatise I. Part II. pag. 752. of Father Peter Walsh or the Doctrine of Allegiance c. 80 81 82 83. WHat the Contents are of the First Appendix viz. the Kilkenny Book of Queries and Answers c you may easily guess by the Queries themselves in all Seven which are to be seen together Pag. 111. though falsely printed p. 11. which is immediately before the Preface OF the Contents of the next Appendix which in the Print is called by mistake the First Appendix but should be the Second and is indeed the Appendix containing Six Publick Instruments you need no Abridgment here because the very Title-page sufficiently gives one BVt of the Contents of the Third or last Appendix viz. the Marquess of Ormond Lord Lieutenant of Ireland His Letter c because that Letter contains One and thirty Leaves and a great variety of matters of highest importance viz. all the great differences and causes of them which happened 'twixt the Roman-Catholick Archbishops and Bishops nay and some refractory Cities and Towns in Ireland of one side and His Excellency on the other from the Conclusion of the later Peace or that of the year 1648 till His forc'd departure to France from Kilcolgan in the latter end of the year 1650. I have upon after-thoughts and for the greater satisfaction of the Reader given here some few and the more general Heads as followeth The cause why His Excellency writes against the Declaration and Excommunication of the Prelates at Jamestown Pag. 75. The obstinate Disobedience of the City of Waterford ib. By His Letters of the 27th of February 1649 S. V. He calls to Limmerick as many Bishops as were within any convenient distance ib. Eleven Proposals offered to His Excellency on the 13th of March 1649 S. V. as so many Remedies for removing the Discontents and Distrusts of the People and for advancing His Majesties service presented by such of the Clergy as met at Limmerick the 8th of March 1649. S. V. and the Commissioners of Trust 76 77 78. His Excellency finding no effect of their Promises but that the City of Limmerick continued in their refusal to receive a Garrison c. Adjourns that meeting from Limmerick to Loghreogh about the 19th of the said March whither also by His Letters He desires all the rest of the Bishops of the Kingdom to come promising to give them there an answer to their Paper of Remedies or Proposals 79. His Excellencies Answers in Ten Heads to the Proposals 79 80 81. A Declaration of the Bishops by way of Letter to His Excellency dated at Loghreogh 28th of March 1650 and Signed by John Archbishop of Tuam Walter Bishop of Clonfert Francis Bishop of Killala Robert Bishop of Cork and Cluam and Hugh Bishop of Kilmaduach 81 82. His Excellencies Reflections on this Letter And another meeting of all the Bishops together with the Commissioners of Trust besides divers others of the Nobility and many Gentlemen of Quality appointed by His Excellency to be held at the same Town of Loghreogh on the 25th of April then following 83. This Conventions Letter to His Excellency dated at Loghreogh ult April 1650 and Sign'd by Two and Twenty hands 84. His Excellencies Answer dated Loghreogh May 1. 1650. 85 86. The Conventions Reply by another Letter to His Excellency dated at Loghreogh May 2d 1650 and Sign'd by Eighteen Hands 87 By the reiterated professions of Loyalty and Obedience in all the precedent Letters his Excellency was induced to alter his purpose of quitting the Kingdom c. 88. Mayor of Limmerick's Letter the 12th of June 1650 to his Excellency inviting him thither to settle a Garrison And his Excellencies Answer with three particulars imparted by him to the Messengers that came from Limmerick 88 89. When upon the said invitation of the Mayors his Excellency came near to the City Gates the two Aldermen employed formerly to invite him thither were now sent out to let him know of a Tumult raised in the City by a Fryer one Father Woolfe * He was a Dominican and as it is said the very same man who in the year 1646 when the King's Herald at Arms even before the Mayor and Aldermen all standing by in their Formalities was proclaiming the Peace of that year raised a furious tumult of the Rascal-multitude and with them even himself also being in his Monastical Habit in the Head of them pelting a showre of stones at the Herald put an end to that Peace or rather obstructed all Peace in that City and by example of that strong City in the whole Kingdom and some others against his coming in Pag. 89. His Excellencies Letter of the 14th of June on this occasion to the Mayor in hope to bring the Corporation to a sense and performance of their duty ib. But
also 3. That the very same Constantine had in many other places and many other much more authoritative speeches even in his own very imperial laws expresly declared how much he would have Clerks exempt and how much remain still subject to the common law As in Cod. Theodos. Tit. de Episcop l. 3. l. 6. Cod. Iustinian Tit. de Episc Cleric l. 1. l. 2. l. 3. l. 4. Therefore neither did Constantine mean or intend by that saying That Clerks were exempt from his own immediate tribunal not even by the law divine nor in that History of Ruffinus is there as much as a word whereby it may be gathered That Clerks were set free of or exempted from the supream imperial power As for that seaventh law de Episc Cleric in the Code of Theodosian where it is said thus Lectores divinorum apicum Hypodiaconi caeteri Clerici qui per injuriam Haereticorum ad curiam devocati sunt absoluantur de caetero ad similitudinem orientis minimé ad Curias devocentur sed immunitate plenissima potiantur how sees not also Bellarmines intollerable errour in his understanding of the word Curia and of those other Devocari ad Curiam as if curia imported a judgment judgment seat Judicatory Tribunal or Court of Justice and as if Devocari ad Curiam the same with to be called or convened or summond to a Court of Justice or before a Judge whereas indeed Curia signifies precisely and onely especially in these laws either the place where the Tribes Wards or publick Officers as Collectors Constables tribute gatherers Mayors Bayliffs c. did meet or those very offices of publick care for from the word eura in Latin which imports care in English curia is said as it is derived And Devocari ad Curiam signifies properly and onely to be called upon to undergoe these publick offices of care which relate to the Commonwealth to Villages and Burroughs and Citties c whence it was that such as were appointed for such employments were called Curiones and Decuriones and were commonly rich able sufficient men and were not suffered at all to refuse or quit those employments not even under pretence of Clerk-ship or of their being Ecclesiastical persons or Church-men nor even under pretence or by vertue of their being priviledged persons of the very Emperours own house or family For Constantine himself commanded by law eod tit de Episc leg 3. nullum decurienem vel ex decurione progenitum vel etiam instructum idoneis facultatibus atque obeundum publicis muneribus opportunum ad Clericorum nomen obsequiumque confugere c. sed illos qui post legem latam obsequia publica declinantes ad Clericorum numerum confugiunt procul ab eo corpore segregatos curiae ordinibusque restitui civilibus obsequiis inservire That no Decurion nor any begott by a Decurion nor also any of sufficient riches and fit to undergo publick charges should flye to the name and service of Clerks c. But that all such as after the law was made to decline publick charges or offices had fled to or put themselves in the number or calling of Clerks that is of Churchmen should be wholly segregated again from that body and restored to their curia wardships orders and civil employments And after him the Emperour Valentinian l. 21. eod tit ordained That Hi qui Ecclesiae juge obsequium deputarunt curiis habeantur immunes si tamen eos ante ortum Imperij nostri ad cultum se legis nostrae contulisse constiterit caeteri revocentur qui se post id tempus Ecclesiasticis congregarunt That such as had deputed themselves for ever o the Church should be free from the curia that is from publick charges or offices of publick care Provided they have done so or been so deputed before the beginning of our Empire And let them be revoked that have after that time aggregated themselves to Ecclesiasticks Gratian also and Theodosius l. 39. C. de Decur decreed that Curiales qui sesâ— privilegio domus nostrae defendi posse crediderint ad curiam revocentur propriis sunctionibus mancipentur That Curials that is men in the law capable and lyable to undergo publick cares charges or offices as in a City rich able freemen Aldermen c. who believe they can defend themselves by the priviledg of our house be revoked notwithstanding ad curiam to the Assembly house or place where publick offices are imposed and there constrained to undergo such offices And yet the degree of Curials hath no title or name of Honour l. 1. C. de Decur and some immunities are bestowed on them l. 21. ibidem Quoniam sayes that law satis est si civitatum munera per eos congruè compleantur Because sayes it it is enough for them to discharge well the offices which they undergo in the Citties But frighted by the labour and as it were continual servitude of such employments they fled away from them a curia refugiebant For being employed in such it was unlawful for them to relinquish the Town Corporation City and go to the Prince's Court or elswhere to take their pleasure or even to go to the warrs or turn souldiers They must have continually kept their station at home to attend their publick charge or when they should be called thereunto Whence it is that the title of that law was thus conceived in the Code De Decurionibus filiis eorum qui Decuriales habentur quibus modis a fâ—rtuna curiae liberentur And that Princes beleeved they had highly priviledg'd the Clergie when they had freed them from wardships guardianships collectorships and all other such publick civil offices or which is the same thing from all nominations and susceptions from all curial employments whatsoever Behold here that most plenary exemption immunitatem plenissimam which Constantine would have the Clerks enjoy And who sees not moreover that Theodâ—sius and Valentinian or that law of theirs alleadg'd by Bellarmine out of Theodosians Code l. ultima de Episc Cleric where the words are these Clericos quos indiscretion ad seculares Iudices debere deduci infansius praesumptor dixerat Episcopali audientiae reservamus Fas enim non est ut divini muneris Ministri temporalium potestatum subdantur arbitriâ— who sees not I say that Bellarmine labours in vain in quoting these Emperours or this law of theirs For if even our learned Cardinal himself did but consider That that law was onely for confirming and asserting those priviledges which the Emperours themselves gave the Churches as is evident out of this other passage and those other genuin words of that very law ut quiâ—quid a Divis Principibus constitutum est vel quae singuli quique Antistites pro causes Ecclesiasticis impetrarunt sub paena sacrilegii jugi solidata aeternitate serventur himself also could not but be perswaded that those former words fas non est spoken
sayes right and speaks truth for so much yet sayes no more by adding congruentes then he had before by the word necessariae But if by leges congruentes laws congruent he mean laws which many or most Churchmen conceive or perhaps others too esteem of as much conducing to the splendour of the Church and execution of her commands or of other former or after laws but not as necessary to either then without doubt or in such meaning of this word congruent the proposition universally taken is in it self absolutely or simply false Because neither Pope nor Church can on any such pretext make laws to the prejudice of the civil rights of others without their own consent albeit laws which may otherwise conduce very much to the splendour and majesty of the Church nay and also not seldom to the greater perfection of holiness amongst the people For as the spiritual power â— in its own kind ordained by God and obliged to provide carefully for the observance of all the laws of God so is the temporal power also in its own kind both ordained by the same God and likewise obliged to see a due observance of the same laws of God And as notwithstanding this equal tye on the temporal power you cannot conclude it may enact laws in meer and pure ecclesiastical or spiritual Church matters although beleeving at the same time nay knowing such matters and such laws in such matters to conduce very much not to the greatness only of it self in the nature of a temporal power and to a more effectual observance of its own proper laws but to the better observance also of the very known laws of God himself so neither can you conclude that for the like end the power Ecclesiastical may at pleasure enact laws in temporal or civil matters In the making of laws by either part there is no difference in that For though it be true the Power Ecclesiastical be not bound to obey the temporal when this commands any thing against the commands of God nay that in such case the spiritual power may substract all its own proper and purely spiritual commodities or benefits from the Temporal it is also true that in like manner the Temporal is not bound to obey the spiritual when by laws or edicts of the Pope or Church invaded in its own proper temporal rights nay and that if necessary it may deprive the Ecclesiastical of all temporal commodities during such invasion or until the errour be corrected effectually When therefore any law or rather canon Ecclesiastical entrenches on the temporal power though under pretext of a spiritual advantage as for example when it prescribes or circumscribes or lessens the temporal jurisdiction which by the law of God was allowed or when it prescribes in the point of politick affairs or civil customs or manner of living civilly such prescriptions must not be acknowledged as proceeding from the true spiritual power but onely from the pleasure and sanction of spiritual or Ecclesiastical persons not acting in so much by any kind of power in them Ecclesiastical or not Ecclesiastical other then a meer usurped power but acting so as the true temporal power the secular Princes and Magistrats may oppose and correct them whereas in temporal matters or in any matters purely civil which are not necessary to salvation at least where the civil rights acquired already to a third and acquired without any injustice are taken away without the consent of such third person or of the supream civil Magistrat and civil laws by which onely all civil rights are confirmed or infirmed given at first or changed after it is most certain the Church can do nothing oblige no man without the temporal powers concurrence Otherwise who sees not that if the power Ecclesiastical make a law for levelling estates amongst the Layety or a law commanding every secular person that hath any goods to bestow every year on the poor the one entire half of his profits nay actually the one entire half of his lands for pious uses who sees not I say but that such law must in conscience bind all men Nay and should it make an other law too for appointing holy devout Churchmen to be superintendents or Stewards under the Pope in every Parish to dispose of all the goods of laymen to more holy uses then the laymen themselves do at present But if neither Soto nor any other Divine or Canonist nor Bellarmine himself nor any sticklers for his opinions will have the confidence to attribute the power of making such laws to the Church notwithstanding that such laws if submitted unto duely executed might questionless be esteemed by some or many or most or all Churchmen and by most of other men also to be very congruent for the greater splendour of the Church and more holy perfect observation of the Gospel and if to the Church they will deny such a power and deny it on that account only which I have presently given how can they but consequently deny to the same Church a power of making laws for exempting all Clerks from Princes without the consent of Princes Is not this a law made in a temporal matter and a matter unnecessary to salvation Was not the temporal subjection of the persons of Clerks or their subjection to Princes in temporal matters a meer temporal duty which sometime at least they owed to Princes Was not the right Princes had to govern and punish them a meer temporal right Was it not formerly acquired and legally settled from the beginning in Princes How then could the Princes be deprived thereof without their own consent by any law of the Church Or if so why not also of their other temporal rights and of their other Subjects and of their Lands c Or could not the makers of such pretend motives of piety and of the greater glory of God and greater splendour of the Church of God for making them and for proving them to be congruent Nay do we not know they pretend such motives to assert the temporal Monarchy of the whole earth to the Pope as if having it de facto or de jure and even without any such laws Why therefore may not they proportionable motives for his making in every Kingdom Province County Barrony City Parish Village Lieutenants of his own Ecclesiastical Function and consequently motives of congruency to transferr all the very individual otherwise temporal or civil rights of lay-men to Churchmen and so further consequently exempt all kind of lay-men as well as Clergiemen from the Jurisdiction of meer lay Judge if not of such as the Pope himself alone would make Judges But forasmuch as Dominick Soto notwithstanding so much evidence against even the congruency of Ecclesiastical exemption from all kind of civil Power or rather against his ill consequences deduced from his congruency must also affirm such Exemption to be necessary let us consider his five mediums to prove this whereof the three
the King labours and watches for the defence not onely of Laicks but of Clerks also therefore not Laicks onely but also Clerks do give him that honour which is due to Kings according to the precept of the Apostle Peter Fear God honour the King 1. Pet. 2. Finally they pray for the King as the Apostle bids them 1. Timoth. 2. saying I desire therefore first of all things that obsecrations prayers postulations thankes-givings be made for all men for Kings and all that are in preheminence Nor onely do they power their prayers to God for Kings in general but say in specie in particular pro Rege N. vel pro Imperatore N. for our King N. or for our Emperour N. expressing their names First therefore what Bellarmine sayes here is that the King may exempt some part of his own people from some part of his own power or even from his own whole power And this he proves thus Because sayes he the King may bestow on some house or Citty an exemption or immunity from tributs What 's this to our question Doth an exemption from tributs work this effect that whoever is so exempted is no more bound to the Prince in any kind of subjection For this is the onely question We confess the priviledges given to Clerks to be greater then a sole exemption from tributs but we deny that Clerks therefore are totally manumised set free or exempted from their subjection to Princes But sayes Bellarmine it is the prerogative of a Prince to exact tribute as it is to command or judge or punish and therefore if he can remit the one why not the other A vast difference there is most eminent Cardinal It is indeed proper to or the prerogative of a Prince to exact tributes because none exact such but Princes or States which are the same thing here But it is also proper to a King to remit tributes because none else may and that by such remission he ceaseth not to be â—â—ince of the same persons or people or City to which tribute is so remitted and that it may also be expedient sometimes for his Principality to remit them Nay if Princes had universally remitted all kind of tribute to all the people of their Dominions as Nero thought to do and could and would content themselves and bear all the charges of the publick and defend it too with by and out of their own patrimony would they fall therefore from their Principality But it is no way proper to a King to remit to any in all things all kind of obedience or subjection to himself and yet still to be truly called and truly essentially or properly to be or to remain King of those very persons to whom such remission is made because the power of lording commanding judging punishing at least in some cases is the very essence of Principality so that the Prince cannot remit or quit this and withal continue Prince Nor doth Bellarmine help himself by saying that albeit the Prince may not exempt or set free all his people and still remain Prince yet he may some part of them For it is plain that he cannot any part and together be Prince or King of that part whereas it is of the very essence of a King to lord it over and command his whole Kingdom to provide for his whole Kingdom and to have all within his Kingdom Natives Forreigners Dwellers Sejourners Inmates Travellers c. of what degree or quality soever obnoxious or subject to his will and laws the good to be encouraged to be rewarded by him and malefactors to be coerced and punish'd also by him Nor indeed is he instituted King to govern any part or parts of his Kingdom but to govern the whole Kingdom And therefore it must be that if he exempt any part from subjection to himself which yet he cannot de jure without the consent of all the Estates of the Kingdom he must as well in order to such part cease to be King as he would in order to all if he had bestowed that plenary exemption upon all and every part of his Kingdom For I beseech you what rational man would perswade himself that for example the present French or Spanish Kings are absolute Kings respectively of all France or of all Spain or of all French and Spaniards if in the richest and fruitfullest Territories of all France there be four or five hundred thousand Frenchmen and so many French women and if double trebble or quadrubble that number be in the Spanish so exempt from the French and Spanish Kings Dominions and yet so diffused in every Province County City Corporation and the very Villages that nothing can be more and yet having moreover so much influence on the rest of the people that they can turn them which way they please Or how could for another examples sake either Henry the Eight in England or his Catholick Predecessors be justly called or stiled Kings of England if the Clerks of that Kingdom then almost innumerable and possessing as their own proper lands and goods wel-nigh the one entire moyety of it were not truly and properly subjects to the said Henry and to other his said Predecessors Secondly what Bellarmine sayes though by way of interrogation is That if some great King doth in the middle of his Kingdom free some one City or absolutely bestow it on another he may be notwithstanding said to be King of his whole Kingdom But I would fain know what our great Cardinal understands by these words Rex totius regni sui King of all his own Kingdom Doth he repute that City so exempted or so made free by that great King to be notwithstanding part of that very Kings own whole Kingdom If so our Cardinal recedes not only from truth but from common sense For I pray what is it else to be a King but to lord it over those or to command those of whom he is King Can Bellarmine himself deny the King to be Superiour in relation to those of whom he is King And yet himself teaches cont Barclaium cap. 13. that every Superiour may command his Inferiour omnis superior potest imperare inferiori suo Some indeed question how far or in what things the power of Kings extend to their people but none at all whether in any thing or even very many things it reach or command them But our Cardinal will have that City exempted to be no more subject in any thing to be no more commanded in any matter by that King Therefore he is no more King of it Nor doth it make any difference in the case that he protect or defend that Citty For it is one thing to be a Protector or Defender and an other to be King Who is it would say that the Kings of England or France were Kings of Holland and of the rest of the United Provinces at any time since the said Provinces rebelled against their own natural King albeit we know and it
other ARTICLES proposed to the Catholicks of England whereunto it was required they should subscribe their negative Answers whereby it might be understood they profess that there is nothing contained in these three Articles which doth necessarily belong to the Catholick Faith and Religion insomuch that they may and will abjure if it be thought needful the practice and execution of them all I. THat the Pope or Church hath power to absolve any person or persons from their obedience to the Civil and Political Government established or to be established in this Nation in Civil and Political Affairs II. That by the Command or Dispensation of the Pope or Church it if lawful to kill destroy or do any injury to any person or persons living within the Kings Dominions because that such a person or persons are accused condemned censured or excommunicated for Error Schism or Heresie III. That it is lawful in it self or by dispensation from the Pope to break promise or oath made to any of the aforesaid persons under pretence that they are Hereticks Fifty English Catholick Gentlemen have subscribed Negative answers to these three Articles upon certain conditions secretly agreed upon for the good and free exercise of the Catholick Religion they being assured by divers Priests both Seculars and Regulars under their Hand-writings that it was lawful for them so to do Which since a Congregation in Rome hath ordained and decreed was not nor is not lawful Whereupon a Priest writeth out of England to his friend a Doctor of Divinity of Paris and sends him a Copy of this Congregational Decree earnestly desiring him that he will let him freely know his sentiment and opinion in this business Which Doctors answer to the question here followeth Most dear Brother in Christ HAving seriously considered the three Articles you sent me with their little Preface which you say contains in brief the substance of what was intended both by the proposers and your selves I cannot refuse neither in charity nor friendship to give you my opinion concerning your Subscription thereunto Yet being unwilling you should relie upon my private and particular judgment in a matter of such moment I have consulted with several great and learned men of our Nation but especially some of the most ancient and learned Doctors of Divinity of our Faculty here whose constant sentiments are that not only in their Opinion your Act is lawful just and true but that it is also the general and universal belief of all the learned and judicious men of this Kingdom So that I see not upon what grounds you need fear or apprehend the Censures which the Decree of the Congregation in Rome pretends you have incurred Were your Kingdom or State setled and that your liberty depended only upon your giving assurance of your fidelity I should easily procure you such sovereign Antidotes against your timorous apprehensions and such publick Declarations of your duty in this kind as that none but either weakly scrupulous or busily factious would be any whit moved at the interessed proceedings of the Court of Rome Methinks you should not be ignorant how such Decrees of those Congregations are slighted and rejected in the Supreme Courts of this Kingdom by the most learned and most vertuous Secular Judges of the Christian world Even those who bear the most dutiful Respect to his Holiness as well Seculars as Regulars will openly profess That the Cabals and Interests of the Court of Rome are now so generally known that the Decrees of their Congregations are scarcely taken notice of out of the Popes Territories We had not many months ago such a Decree sent hither from Rome to the Pope's Nuncio against a late Book called Les grandeurs de L'eglise Romaine which because the Popes Nuncio would have published and dispersed throughout the Kingdom having obtained licence from the King to it The Kings Advocate General Mr. Talon a man worthy of his place made a learned Speech in open Parliament without any relation or interest to the Doctrine of the Book against the admittance of such Decrees wherein he remarked very well the different nature and quality of these Congregational Decrees which were never received nor acknowledged as legal and authentical in France from th Bulls of his Holiness as Head of the Church And this Speech was immediately confirmed an ratified by a judgment given by this renowned Senate and so the publication of the Decree was hindered and suppressed There was likewise in the year 1625. a seditious Book written by one Garasse a Jesuite but bearing no name entituled Admonitio ad Regem secretly dispersed up and down in this City which was condemned by a general Synod of the Clergy of this Kingdom then assembled in this Town wherein the indispensable duty and obedience of Catholick Subjects to an heretical and even to a persecuting King or State was particularly declared and avouched You may see the words themselves pag. 12. Quare id ipsum c. Given at Paris in the general Assembly of the Clergy the 13th of Decemb. 1625. Whereupon one Sanctarellus an Italian Jesuite was caused to write a Book in approbation of the Pope's temporal authority to depose Kings and Princes and to absolve their Subjects from their obedience which was presently censured by our Faculty of Divinity and the affirmative Doctrine of your first Article which is your chief difficulty and other such like Positions were improved and condemned as new false erroneous contrary to the Word of God c. Given in the Sorbon the 1st of April 1626. Hereupon four of the most famous Jesuites of France then residing Superiours in their Colledges here were sent to the Parliament and being demanded their Opinions in this point they confirmed and ratified this Censure under their hands professing farther That they did and would consent and adhere to what the Sorbon had or should declare in this or any other matter of Doctrine I could send you the particulars of these and many such like proceedings here being partly in Print partly upon publick Record but I conceive it needless at least for the present However the Court of Rome's pretensions to Secular and Temporal power over Kings and Commonwealths are now grown out of date nor was it ever authorized but by the execution of it The Origine of the Pope's authority in Temporal Affairs is well enough known The great piety and respect to the See of Rome of divers ancient Emperors Kings and Princes have made them receive their Crowns and Diadems from his Sacred hands and cast their Swords and Scepters at his Saintly feet Others have made use of the Pope's swaying power to settle themselves in their usurped Monarchies and Princedoms Not any versed in Ecclesiastical History but knows the particulars of these Truths But to come back to your Decree I perceive that the Authors of it looking only upon tht Negative answers to the bare Articles without the Preface or separated Instrument whereunto you Priests
at Dublin as he was resolved it should be or not be at all and in such a publick conjuncture when the discontents of the ancient Proprietors were so general and so known the Tories in great Numbers and several Provinces out and headed by Colonel Costelogh in Connaught War with Holland and France and consequently when the generality of the Roman-Catholicks of Ireland but more especially of their Ecclesiasticks who had for so many years of late opposed with so much heat that I may not say malice so innocent a profession of their Allegiance to the King lay under great jealousies and suspitions that in all likelihood I say the members convening in such a conjuncture would be more wary now than at other times to increase or strengthen those jealousies by refusing to subscribe any Formulary professing Allegiance and Obedience onely in meer temporal and civil things according to the Laws of the Land 6. And lastly that however they would resolve yet they could no longer abuse the people with their till then ordinary excuse viz. That indeed they never refused to sign any Remonstrance of their Allegiance or Fidelity and Obedience in meer temporals to the King but only delayed their signature to that presented at London until a National Assembly debated it to see whether any more was therein contained And these indeed were the true genuine reasons as that of Father Patrick Maginn's offer was the immediate occasion of the Procurator's yielding at last to the pretended desires of a National Congregation albeit so much against his former both resolution and ratiocination as you have seen already page 50. Therefore to come to the speediest issue could be of his new determination he invited to a conference in his own Chamber in Dublin the Bishop of Ardagh Patrick Plunket the Vicar Apostolick of Dublin and Capitulary of Kildare James Dempsy the Vicar-General of Meath Oliver Dese and the foresaid Vicar-General and Judge Delegate of the North Patrick Daly For they had also come then to Dublin about their several occasions the Bishop only excepted who lived constantly in Town with his Brother Sir Nicholas Plunket notwithstanding the next part of his Diocess of Ardagh had been forty Miles or thereabouts from Dublin Being met together the Procurator told them he had at last obtained the Lord Lieutenant's permission for them and rest of the Heads of the Irish Clergy of the Roman Communion to assemble in a National Congregation for deliberating and resolving together on the point of a general signature of the Remonstrance Whereunto he added all convenient Arguments to move them to that Resolve had been so long expected from them Telling them withal the place of their meeting must be that capital and populous City because there whether from all parts of the Kingdom people of all sorts came in such great numbers especially in Term or Parliament time and the Parliament was then to meet again suddenly they might come and assemble with less noise or notice taken of them than would be in any other place That he would assure them from any danger both in their coming continuing together and return whatever they concluded That he had prepared a Letter of Indiction or rather invitation of all concern'd to sit in the Congregation for them to sign and had a Messenger ready to send with such Letters all about the Kingdom to every one who should be summon'd And finally That it seem'd to him expedient as matters stood they should delay that general Congregation no further than to next Candlemas or Hilary Term being three months off which might be time enough for the Fathers to prepare themselves and come from all Parts to it With this Speech of the Procurator all seem'd well pleased onely the foresaid Father Dempsy excepted For he could not but betray both in his looks and words his inward reluctance against any such meeting for such an end in any place or time whatsoever But the Procurator having produced his own several Letters written in 1662. pressing earnestly for such a National Congregation he had no more to say onely he excepted for some dayes against the place Herein also he was at last over-rul'd much against his will for he urgâ—d mightily it should not be in Dublin nor any City nor near any such but in some remote place far from the Court and all garrison'd Towns and Fortresses But in this also he was over-ruled not being able to answer any thing to the reasons of the other side and his ends in making and so long and earnestly insisting on this unreasonable exception being too apparent Now there remain'd onely the time to be discussed Against which both he and Daly with him excepted as being for the season of the year inconvenient And Daly added That the Lent time and from thence till Ascension was the harvest of the Clergy when they gather'd their subsistence for the whole year And that the Bishops and Vicars both Apostolical and Capitulary of the vacant Sees kept their Diocesan Synods commonly 'twixt Easter and May. Whence and because Horse-meat would be then scarce they insisted upon the xi of June as a time when the weather being warm and grass of some growth they might Travel with more conveniency These Reasons appearing also both to the Bishop and Vicar-General of Meath very probable and specious the Procurator thought fit to yield in so much to their judgment And yet he was not void of Jealousies of a latent design i. e. That by so long a delay the exceptors against the time would give themselves and their Friends beyond Sea time enough to procure Letters from Rome against any such meeting and thereby frustrate the Indiction And that besides they might within that time rationally judge of the success of the War and accordingly guide themselves when or if assembled in June However not thinking fit to frame his Jealousies into an Objection he consented the Indiction should be for the xi of June next following in the year 1666. So at last all things having been after two or three dayes conference in the Procurator's Lodging unanimously concluded betwixt those four chief Superiours of the Clergy and him he produced his rough draught of the Indiction leaving it to them to add or alter therein what they thought fit And they having perused and debated it would not did not either add or change not even as much as one word or tittle but desired it should be ingross'd without addition or alteration Which being done I mean as many fair Copies thereof prepared as there were Archbishops Bishops and Vicars Apostolick or General of vacant Metropolitan or Archiepiscopal Sees and as many more yet as there were Provincial Superiours of Regular Orders to be summoned or invited mutatis mutandis therein viz. according to the different dignities or offices of such Prelates and other Superiours all the Copies were at last sign'd by those four above specified namely Patrick Bishop of Ardagh Patrick Daly
their Votes in Parliament until such time as they shall afterwards acquire such Estates respectively and that none be admitted into the House of Commons but such as shall be estated and resident within this Kingdom XII Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That as for and concerning the independency of the Parliament of Ireland of the Parliament of England His Majesty will leave both Houses of Parliament in this Kingdom to make such Declaration therein as shall be agreeable to the Law of the Kingdom of Ireland XIII Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That the Council Table shall contain it self within its proper bounds in handled matters of State and weight fit for that place amongst which the Patents of Plantation and the Offices whereupon those Grants are founded are to be handled as matters of State and to be heard and determined by His Majesties Lord Lieutenant or other chief Governour or Governours for the time being and the Council publickly at the Council-Boord and not otherwise Titles between Party and Party grown after these Patents granted are to be left to the ordinary course of Law And that the Council Table do not hereafter intermeddle with common business that is within the cognizance of the ordinary Courts nor with the altering of possessions of Lands nor make nor use private Orders Hearings or References concerning any such matter nor grant any Injunctions or order for stay of any Suits in any Civil cause and that Parties grieved for or by reason of any proceedings formerly had there may commence their Suits and prosecute the same in any of His Majesties Courts of Justice or Equity for remedy of their pretended Rights without any restraint or interruption from His Majesty or otherwise by the chief Governour or Governours and Council of this Kingdom And that the proceedings in the respective Presidents Courts shall be pursuant and according to His Majesties printed Book of Instructions and that they shall contain themselves within the limits prescribed by that Book when the Kingdom shall be restored to such a degree of quietness as they be not necessarily inforced to exceed the same XIV Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further pleased That as for and concerning one Statute made in this Kingdom in the Eleventh year of the Reign of Queen Elizabeth intituled An Act for staying of Wool Flocks Tallow and other necessaries within this Realm And one other Statute made in the said Kingdom in the Twelfth year of the Reign of the said Queen intituled An Act _____ And one other Statute made in the said Kingdom in the Thirteenth year of the Reign of the said late Queen intituled An Explanation of the Act made in a Session of this Parliament for the staying of Wool Flocks Tallow and other Wares and Commodities mentioned in the said Act and certain Articles added to the same Act all concerning Staple or Native Commodities of this Kingdom shall be repealed if it shall be so thought fit in the Parliament excepting for Wool and Wool-fells and that such indifferent persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillen Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall be authorized by Commission under the great Seal to moderate and ascertain the rates of Merchandize to be exported or imported out of or into this Kingdom as they shall think fit XV. Item It is concluded accorded and agreed by and between the said Parties and His Majesty is graciously pleased That all and every person and persons within this Kingdom pretending to have suffered by offices found of several Countries Territories Lands and Hereditaments in the Province of Vlster and other Provinces of this Kingdom in or since the first year of King James's Reign or by attainders and forfeitures or by pretence or colour thereof since the said first year of King James or by other Acts depending on the said offices attainders and forfeitures may petition His Majesty in Parliament for relief and redress and if after examination it shall appear to His Majesty the said persons or any of them have been injured then His Majesty will prescribe a course to repair the person or persons so suffering according to justice and honour XVI Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That as to the particular cases of Maurice Lord Viscount de Rupe Fermoy Arthur Lord Viscount Jueagh Sir Edmond Fitz-Gerald of Cloungliffe Baronet Charles Mac Charthy Reagh Roger Moore Anthony Moore William Fitz-Gerard Anthony Lynch John Lacy Collo Mac Bryen Mac Mahon Donnel Costingen Edmond Fitz-Gerald of Ballimartyr Lucas Keatinge Theobald Roch Fitz-Myles Thomas Fitz-Gerald of the Vally John Bourke of Loghmaske Edmond Fitz-Gerald of Ballimullo James Fitz-William Gerald of Glysnan and Edward Sutton they may Petition His Majesty in the next Parliament whereupon His Majesty will take such consideration of them as shall be just and fit XVII Item It is likewise concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That the Citizens Freemen Burgesses and former Inhabitants of the City of Cork and Towns of Youghal and Dongarvan shall be forthwith upon perfection of these Articles restored to their respective Possessions and Estates in the said City and Towns respectively where the same extends not to the indangering of the Garrisons in the said City and Towns in which case so many of the said Citizens and Inhabitants as shall not be admitted to the present possession of their houses within the said City and Towns shall be afforded a valuable annual Rent for the same until settlement in Parliament at which time they shall be restored to those their possessions And it is further agreed and His Majesty is graciously pleased That the said Citizens Freemen Burgesses and Inhabitants of the said City of Cork and Towns of Youghal and Dongarvan respectively shall be enabled in convenient time before the next Parliament to be held in this Kingdom to choose and return Burgesses into the same Parliament XVIII Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That an Act of Oblivion be passed in the next Parliament to extend to all His Majesties Subjects of this Kingdom and their Adherents of all Treasons and offences Capital Criminal and Personal and other
Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall for the present agree upon such persons who are to be authorized bay Commission under the Great Seal to be Commissioners of the Peace Oyer and Terminer Assizes and Gaol-delivery in and throughout the Kingdom to continue during pleasure with such power as Justices of the Peace Oyer and Terminer Assizes and Gaol-delivery in former times of Peace have usually had which is not to extend unto any crime or offence committed before the first of May last past and to be qualified with power to hear and determine all Civil Causes coming before them not exceeding Ten pounds Provided that they shall not meddle with Titles of Lands Provided likewise the authority of such Commissioners shall not extend to question any person or persons for any Shipping Cattel or Goods heretofore taken by either Party from the other or other injuries done contrary to the Articles of Cessation concluded by and with the said Roman-Catholick Party in or since May last but that the same shall be determined by such indifferent persons as the Lord Lieutenant with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall think fit to the end that speedy and equal justice may be done to all Parties grieved And the said Commissioners are to make their Estreats as accustomed in time of Peace and shall take the ensuing Oath viz. YOV shall Swear That as Justice of the Peace Oyer and Terminer Assizes and Gaol-delivery in the Counties of A. B. C. in all Articles of the Commission to you directed you shall do equal Right to the Poor and to the Rich after your cunning and wit and power and after the Laws and Customs of the Realm and in pursuance of these Articles And you shall not be of Council of any quarrel hanging before you And the Issues Fines and Anerciaments which shall happen to be made and all Forfeitures which shall happen before you you shall cause to be entred without any concealment or imbezling and truly send to the Court of Exchequer or to such other place as His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom shall appoint until there may be access unto the said Court of Exchequer You shall not let for gift or other cause but well and truly you shall do your office of Justice of the Peace Oyer and Terminer Assizes and Gaol-delivery in that behalf And that you take nothing for your office of Justice of the Peace Oyer and Terminer Assizes and Gaol-delivery to be done but of the King and Fees accustomed And you shall not direct or cause to be directed any Warrant by you to be made to the Parties but you shall direct them to the Sheriffs and Bayliffs of the said Counties respectively or other the Kings Officers or Ministers or other indifferent persons to do execution thereof So help you God c. And that as well in the said Commission as in all other Commissions and Authorities to be issued in pursuance of these present Articles this Clause shall be inserted viz. That all Officers Civil and Martial shall be required to be aiding and assisting and obedient unto the said Commissioners and other persons to be authorized as abovesaid in the execution of their respective powers XXIX Item It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased That His Majesties Roman Catholick Subjects do continue the possession of such of His Majesties Cities Garrisons Towns Forts and Castles which are within their now Quarters until settlement by Parliament and to be commanded ruled and governed in chief upon occasion of necessity as to the Martial and Military affairs by such as His Majesty or His chief Governour or Governours of this Kingdom for the time being shall appoint and the said appointment to be by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them And His Majesties chief Governour or Governours is to issue Commissions accordingly to such persons as shall be so named and appointed as aforesaid for the executing of such Command Rule or Government to continue until all the particulars in these present Articles agreed on to pass in Parliament shall be accordingly passed only in case of death or misbehaviour such other person or persons to be appointed for the said Command Rule and Government to be named and appointed in the place or places of him or them who shall so dye or misbehave themselves as the chief Governour or Governours for the time being by the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall think fit and to be continued until settlement in Parliament as aforesaid XXX Item It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased That all Customs and Tenths of Prizes belonging to His Majesty which from the perfection of these Articles shall fall due within this Kingdom shall be paid in to His Majesties Receipt or until recourse may be had thereunto in the ordinary legal way unto such person or persons and in such place and places and under such Comptrollers as the Lord Lieutenant shall appoint to be disposed of in order to the defence and safety of the Kingdom and the defraying of other the necessary publick Charges thereof for the ease of the Subjects in other their Levies Charges and Applotments And that all and every person and persons who are at present entrusted and employed by the said Roman-Catholicks in the Entries Receipts Collections or otherwise concerning the said Customs and Tenths of Prizes do continue their respective employments in the same until full settlement in Parliament accomptable to His Majesties Receipts or
Protestants Warde there our Army afterwards appearing before the place the Souldiers were commanded to fight against the Walls and armed men without great Guns Ladders Petards Shovels Spades Pickaxes or other necessaries there being kill'd upon the place above 500 Souldiers valiantly fighting Yet near Thomas-town our Souldiers being of tryed Foot two to one and well resolved were forbidden to fight in the open Field having advantage of ground against the Enemy to the utter disheartning of the Souldiers and People After this the Enemy came like a deluge upon Calan Featbard Cashel Killmalock and other Corporations within the Provinces of Leinster and Munster and the Countrey about rendred Tributary Then followed the taking of Laghlin and Kilkenny then that of Clonmel where the Enemy met with gallantry loss and resistance Lastly Ticrohan and Catharlough two great pillars of Leinster shaken down that of Ticrohan to speak nothing for the present of all other places was given up by orders Waterford block't in is in a sad condition Dunkannon the key of the Kingdom unrelieved since the first of December is like to be given up and lost X. That the Prelates after the numerous Congregation at Cloanmacnoise where they made Declarations for the Kings great advantage after printed and after many other laborious meetings and consultations with the expressions of their sincerity and earnestness were not allowed by his Excellency to have employed their power and best diligence towards advancing the Kings interest but rather suspected and blamed as may appear by his own Letter to the Prelates then at Jamestown written August 2d And words were heard to fall from him dangerous as to the persons of some Prelates XI That his Excellency represented to His Majesty some parts of this Kingdom disobedient which absolutely deny any such disobedience by them committed and thereby procured from His MAJESTY a Letter to withdraw his own person and the Royal Authority if such disobediences were multiplied and to leave the people without the benefit of the Peace This was the reward his Excellency out of his envy to a Catholick Loyal Nation prepared for our Loyalty and Obedience sealed by the shedding of our blood and the loss of our substance XII That his Excellency and the Lord of Inchiquin when enemies to the Catholicks being very active in unnatural executions against us and shedding the blood of poor Priests and Churchmen have shewed little of action since this Peace but for many months kept themselves in Connaught and Thumond where no danger or the Enemy appeared spending their time as most men observed in play pleasure and great merriment while the other parts of the Kingdom were bleeding under the Sword of the Enemy This was no great argument of sense or grief in them to see a Kingdom lost to His MAJESTY XIII That his Excellency when prospering put no trust of places taken in into the hands of Catholicks as that of Droghedagh Dundalk Trim c. and by this his diffidence in Catholicks and by other his actions and expressions the Catholick Army had no heart to fight or to be under his command and feared greatly if he had mastered the Enemy and with them the Commissioners of Trust or the greater part of them and many Thousands of the Kingdom also feared he would have brought the Catholick Subjects and their Religion to the old slavery XIV We will not speak of many Corruptions and Abuses as passing of a Custodium upon the Abby of Killbegaine worth in past years to the Confederates well nigh 400 l. per annum to Secretary Lane for 40 l. or thereabouts per annum nor of many other such like to Daniel O Neil and others at an under-value to the great prejudice of the Publick XV. We do also notifie to the Catholicks of the Kingdom most of the above Grievances and breaches of the Peace being delivered to the Commissioners of Trust in February last that the Clergy and Laity receiving redress or justice the discontent of the Subject might be removed no amendment appeared after eight months effluxed but the evil still continued that occasioned the ruine of the Nation And we also protest to the whole World having done our best we have no power to remove the jealousies and fears of the People Besides the above Injuries and violation of the Articles of the Peace against Religion the Kings interest and the Nation nothing appearing before the eyes of the People but desolation waste burning and the destruction of the Kingdom three parts of four thereof being come under contribution to the Enemy Cities Towns and strong holds taken from them Altars pulled down Churches lost Priests killed and banished Sacraments and Sacrifices and all things holy profaned and almost utterly extinguished Armies and great numbers of Souldiers by them maintained and the Enemy not fought withall those that would fight for them born down and those that would betray them cherished and advanced finally no visible Army or defence appearing they are come to despair of recovering what is lost or defending what they hold and some inclining for safety of their lives and estates do compound with the Parliament persuading themselves no safety can be to any living under the Government of the LORD LIEUTENANT attended by fate and disaster For prevention of these evils and that the Kingdom may not be utterly lost to His MAJESTY and His Catholick Subjects this Congregation of Archbishops Bishops and other Prelates and Dignitaries of both Clergies of this Kingdom found our selves bound in Conscience after great deliberation to declare against the continuance of His Majesties Authority in the person of the said Lord Marquess of Ormond premitting this Protestation to the world That we had never come to such Declaration but that we and the People of this Kingdom generally despair of the Kingdoms recovery under his Government as hereby we do declare as well in our own names and behalf as in the names and behalf of the rest of the Catholicks of this Kingdom against him the said Marquess of Ormond having by his misgovernment ill Conduct of His Majesties Army and the breach of Publick Faith with the People in several particulars of the Articles of the Peace rendered himself uncapable of continuing that great Trust any longer being questionable before His Majesty for the said injuries and ill Government to which effect we will join with other members of this Kingdom in drawing a Charge against him and we hereby manifest to the People they are no longer obliged to obey the Orders and Commands of the said Lord Marquess of Ormond but are until a General Assembly of the Nation can be conveniently called together unanimously to serve against the common Enemy for the defence of the Catholick Religion His Majesties interest their Liberties Lives and Fortunes in pursuance of the Oath of Association and to observe and obey in the mean time the form of Government the said Congregation shall prescribe until it be otherwise ordered by an
â—â—â—â—ives with them therein As to those distrusts and jealousies of the People occasioned as you say for want of success in services the sense of their Sufferings and their apprehensions for want of redress of their Grievances we answer That both the want of Success and the sense of their Sufferings whether from the Enemy or the Souldier cannot so reasonably be attributed to any humane cause as to the want of Garrisoning the Army in principal Towns and Cities Wherein We cannot yet are vail nor ever could till by the Enemies lying at one 〈◊〉 of a Town We were not without articling and conditioning permitted to put such men as We could the get in at the other end For for want of Garrisoning the Army and by being forced to quarter it at large it was not possible to have them exercised their Arms kept in order nor they under necessary Discipline Which when they were to be brought together rendred them worse than so many new raised men by how much they had contracted a licentious liberty and habit of rapine and disobedience Nor could We prevent the fraud in Musters or reasonably exact a strict accompt from Officers of men so scattered who when they should be employed upon service were forced or pretending a necessity wherein We could not disprove them to range the Countrey to get in the means that should enable them to serve As to their apprehension for want of redress to their Grievances We understand not what Grievances are thereby meant unless those delivered unto Us by the Archbishop of Tuam on the first of April For other Grievances though We long expected and desired them We never saw save a Paper given to Us on the 13th of March at Lymerick which for the forgery false calumny and other misbecoming passages contained in it was as such disavowed by the Clergy then met And to those given us on the first of April we return herewith such Answers as considering the generality of them is possible for Us to give We have already with the advice of the Commissioners and as we believe with the approbation of such of the Bishops as were present appointed the Earl of Castlehaven to command the Forces in Leinster And in Munster with like advice and approbation We have employed Colonel David Roch to command for a necessary Expedition besides there alwayes is upon the place one general Officer that will readily receive and employ any that shall be prevailed with to take Arms as is promised And in case We find fitting obedience and reception from the City of Lymerick We shall in person be ready to receive and conduct such Forces in the said Province In Vlster We have in pursuance to the Agreement made with that Province given Commission to the Bishop of Clogher and in Connaught the Lord Marquess of Clanricard commands the Army We know no use to which any money raised upon the People hath been employed but to the maintenance of the Forces if you do We shall desire to be therein informed to the end that any past misapplication thereof may be examined and punished and the like prevented in future To conclude We seriously recommend to your consideration the wayes of procuring such obedience to His Majesty and His Authority in the general and particularly from the City of Lymerick as may enable and encourage Us with honour and hope of success according to Our desire to use Our utmost industry and encounter all hazards for the defence of this Kingdom and Nation against the Tyranny that will certainly be exercised upon them and the unsupportable slavery they will be subject unto if the Rebels prevail And so We bid you heartily farewell from Loghreogh May 1. 1650. Your very loving Friend ORMOND Since the writing hereof We have received a Message by a Committee and delivered by our very good Lord the Lord Viscount Taaffe whereunto We cannot return unto you other Answer than what is contained in this Letter till we shall receive your resolution thereupon which We desire may be with expedition For the Archbishops Nobility Bishops the Commissioners authorized by Vs in pursuance of the Articles of Peace and others assembled at Loghreogh These May it please Your Excellency WE find by Your Lordships Letters of the first of this instant in answer to ours of the last of April that Your Excellency conceives we did endeavour by applying the expression of the word misunderstanding to the deportment of the City of Lymerick to excuse them which no way was our intention Although we may not deny but in so distracted a condition as the Kingdom is at present we would be glad to avoid exasperating a City so considerable and of that importance for carrying on of His Majesties service as is Lymerick and to interpose our selves to conserve so useful a place in Your Excellencies good opinion whiles there were hope left us that they might be brought to a clear apprehension of the danger hanging over them and a due sense of the benefit they are to expect from the offers made unto them as well towards their own preservation as the advancement of His Majesties service Neither can any man more feelingly than we resent their personal disrespects towards Your Excellency whil'st You were lastly in that City whereof we have in our Letters now ready to be sent by a Committee employed by us to that Corporation taken notice and do hope they will by their deportment hereafter merit to have it understood that it proceeded from ignorance rather than malice And concerning the garrisoning that City such of the Clergy as have here met of late and the Commissioners of Trust have written very effectually to them and employed two of the said Commissioners thither to sollicite their compliance to Your Excellency and to represent unto them the danger and prejudice that would ensue their refractoriness And though it hath not taken that effect with them which was expected yet we humbly offer unto Your Excellency That a second Essay is to be made and Your Excellencies further positive Commands sent thither for the garrisoning of that place as shall be judged necessary to be seconded by our Letters and some of the Clergy and Commissioners to be sent thither Whereunto if they will not listen we will as much as in us lies in our respective degrees and qualities and according to our respective powers so far as shall be thought fit and necessary upon consideration had of what hath been proposed hitherto and past between Your Excellency the Commissioners of Trust and them concerning the garrisoning of the said City co-operate to reclaim them and bring them to a perfect obedience humbly desiring That what resolutions soever shall be taken by that City yet that Your Excellency would be pleased not to impute it to any disaffection in us or want of zeal in this Nation to advance His Majesties service And in regard the transacting of this business may take up some time it
considering also their promise in their said Letter recited that the Bishop and Dr. Charles Kelly should clearly deliver unto Us their thoughts and good intentions and the declaration of their sincere hearts By all VVe have written VVe desire to let you see how unhandsomly to say no more VVe have been dealt withal by those Bishops that when upon Our observation of the backwardness of the Towns to give Us obedience VVe applied Our Self with so much freedom to them who VVe and VVe believe by this time you are satisfied obstructed it instead of dealing plainly with Us as VVe so often desired them they would have held Us on with promises of great endeavours on their part to procure Us obedience and so continued seemingly well satisfied with Us till unprovoked by any thing from Us they break forth with their dreadful Excommunication when both in the County of Lymerick and Athlone the Rebels were endeavouring to force a passage VVhat an invasion these proceedings of theirs is upon the Regal power is not now to the purpose to declare But whether in them there be any usurpation upon the freedom of the Nobility and Commons is fit for you to consider The injustice of this kind of dealing VVe suppose is by this time plain enough to you It remains to shew you even by their own actions That supposing them to have proceeded by full warrant and upon just ground yet their rashness is not excusable as appears in that as they hastily denounced their Excommunication on the 15th of September so was it more wisely suspended by the same men on the 16th following in the Lord Marquess of Clanrickard's Camp VVhether so dreadful a weapon as they make that sentence be thus to be play'd with to make Rebels sport VVe leave to the examination of those that are in some respects more concerned than VVe are But that their allegation of the Peoples aversion to Our government is but a Cloak to cover their own fond Ambition to govern them or rather to bring them to confusion is manifest For as by their Excommunication they are forced to confess against all their Protestations That indeed they labour to bring them to such an aversion so by being forced immediately unsought by Us to suspend it they acknowledge they have not fully compleated their work As is more evident by these following Letters from the Bishop of Clonfert and Dr. Charles Kelly to the Officers of the Army under the command of the Lord Marquess of Clanrickard and from the Bishops of Raphoe Killala and Fearnes to the Earl of Westmeath and other Officers Sirs YEsterday We have received an Express from the rest of our Congregation at Galway bearing their sense to suspend the effects of the Excommunication proclaimed by their Orders till the service of Athlone be performed fearing on the one side the dispersion of the Army and on the other having received most certain intelligence of the Enemies approach unto that place with their full force and number of fighting men and thereupon would have us concur with them in suspending the said Excommunication As for our part we do judge that suspension unnecessary and full of inconveniencies which we apprehend may ensue because the Excommunication may be obeyed and the service not neglected if People were pleased to undertake the service in the Clergies name without relation to the Lord of Ormond or any that may take his part yet fearing the censure of singularity in matters of so high a strain against us or to be deemed more forward in excommunicating than others also fearing the weakness of some which we believe the Congregation feared we are pleased to follow the major vote and against our own opinion concur with them and do hereby suspend the said Censure as above Provided alwayes That after that service performed or the service be thought unnecessary by the Clergy or when the said Clergy will renew it it shall be presently incurred as if the said Suspension had never been interposed And so we remain Your affectionate loving Friends in Christ Jesus Walter B. Clonfert Charles Kelly Corbeg Sept. 16. 1650. Our very good Lords and Sirs THE Colonels Mr. Alexander Mac Donnel Bryen O Neill and Randal Mac Donnel like obedient Children of Holy Church have offered themselves to put up for the Clergy and that before Publication of the Declaration and Excommunication God will bless their good intentions They go now to join with you on this side of the Shannon and by making one Body to put forward our cause This is the best way we can think of to encourage the well-affected and curb the malignant and obstinate The Lord Bishop of Killaloe being taken Prisoner by the Lord Lieutenant the Cavaliers would have had him forthwith hanged if his Excellency had given way thereunto His Excellency is giving Patents to as many Catholicks as are Excommunication-proof Ireland is an accursed Countrey that hath so many rotten members Though things go hard with us God will bring the work to a good end When you meet with those Colonels confer of what service to take in hand Est periculum in mora Praying to God to protect you in your wayes we remain Your very loving Friends Joan Rapotensis Fran Alâ—â—â—usis Nich Fernensis Galway Sept. 21. 1650. To our very good Lords the Earl of Westmeath the Lords Bishops of Leghlin Cloanmacnoise and Dromore Sir James Preston Knight Colonel Bryen Mac Phelim Colonel Lewis Moore Colonel Arthur Fox and the rest of the Commanders of the Leinster Forces By which expressions it appears That however their practises found Subjects fit to be wrought upon in the Cities and Towns and some loose people in the Countrey addicted to Rebellion and Rapine for such are all those they have still esteemed obedient Children of Holy Church yet had they not power to draw together any considerable Party to set up their new Government only they were able to hinder the established Government from opposing the Enemy To conclude this Head Would any man that had never so little care of a Peoples welfare or foresight of what tended plainly to their destruction have set them loose from all Government Civil and Martial at such a time when a potent Enemy was in the Field and never tell them when they should follow or obey If it be said they made provision for it in their Declaration it will readily be answered That they are only thereby directed to return to their Association and until a General Assembly of the Nation can be conveniently called together unanimously to serve against the Common Enemy But under what conduct they are to seek from a Congregation In the mean time if those with Us in the County of Clare and under the Lord Marquess of Clanrickard had obeyed this wild direction or taken occasion to disperse the Rebels had passed the River of Shannon at both ends and spoiled both Assembly and Congregation The grounds of their proceeding to an Excommunicating of
thorough the good affection to His Majesty of divers Officers and Souldiers rather than forced by Siege or otherwise with some of whom We conceived it fit to leave the charge thereof What actions or expressions of Ours they were that disheartned the Roman-Catholicks to fight or be under Our Command is not here set down So that VVe can no otherwise answer to this than that VVe never did any such action or let fall any such expression but were indifferent in Our actions and expressions of civility and respect to all the Officers of the Army VVhat these Catholicks and many Thousands of the People with the Commissioners of Trust or the greater part of them might Fear if We had mastered the Kingdom VVe are not to answer for But if they feared VVe would in case We had mastered the Kingdom have infringed any of the Articles of Peace their fear was unjust and groundless nor have VVe ever before heard there was such a fear in them Fourteenth Article of the Declaration We will not speak of many Corruptions and Abuses as passing a Custodium upon the Abby of Kilbeggan worth in past years to the Confederates well nigh 400 l. per annum to Secretary Lane for 40 l. or thereabouts per annum not of many other such like to Daniel O Neil and others at an under-value to the great prejudice of the Publick ANSWER To this We answer That they have in Truth no reason to speak of any particular Corruptions and Abuses in this Article generally mentioned that which they instance in Secretary Lane's having a Custodium of Kilbeggan being so false that he never had any thing to do with it If they had had a truer instance VVe suppose they would not have spared to make use of it What Daniel O Neil had they set not down nor till they do are We able to answer it Fifteenth Article of the Declaration We do also notifie unto the Catholicks of the Kingdom most of the above Grievances and breaches of the Peace being delivered to the Commissioners of Trust in February last that the Clergy and Laity receiving redress and justice the discontent of the Subject ought to be removed no amendment appeared after eight months effluxed but the evil still continued that occasioned the ruine of the Nation and we also protest to the whole World having done our best we have no power to remove the jealousies and fears of the People ANSWER If these abovementioned pretended Grievances whereof most are disproved and some confessed and proved to be no breaches of the Peace were delivered to the Commissioners of Trust in February last We never saw them till September after the meeting at Jamestown in August last And if hereby be meant that Paper of pretended Grievances without Title or Subscription whereunto We have sent you Our Answers We never saw them till the 17th of August last The Conclusion of the Declaration Besides the above injuries and violation of the Articles of the Peace against Religion the Kings interest and the Nation nothing appearing before the eyes of the People but desolation waste burning and the destruction of the Kingdom three parts of four thereof being come under Contribution to the Enemy Cities Towns and strong Holts taken from them Altars pulled down Churches lost Priest killed and banished Sacraments Sacrifice and all things holy profaned and almost wholly extinguished Armies and great numbers of Souldiers by them maintained and the Enemy not fought withal those that would fight for them born down and those that would betray them cherished and advanced Finally no visible Army or defence appearing they are come to a despair of recovering what is lost or defending what they hold and some inclining for the safety of their Lives and Estates do compound with the Parliament persuading themselves no safety can be to any under the Government of the Lord Lieutenant attended by fate and disaster For prevention of those evils and that the Kingdom may not be lost to His Majesty and His Catholick Subjects this Congregation of Archbishops and other Prelates and Dignitaries of both Clergies of this Kingdom found our selves bound in Conscience after great deliberation to declare against the continuance of His Majesties Authority in the person of the said Marquess of Ormond premitting this Protestation to the World That we had never come to such Declaration but that we and the People of this Kingdom generally despair of the Kingdoms recovery under his Government as hereby we do declare as well in our own names and behalf as in the names and behalf of the rest of the Catholicks of this Kingdom against him the said Marquess of Ormond having by his misgovernment ill conduct of His Majesties Army and the breach of Publick Faith with the People in several particulars of the Articles of Peace rendred himself incapable of continuing that great trust any longer being questionable before His Majesty for the foresaid injuries and ill government to which effect we will join with other members of this Kingdom in drawing a charge against him And we do hereby manifest to the People They are no longer obliged to obey the Orders and Commands of the said Lord Marguess of Ormond but are until a General Assembly of the Nation can be conveniently called together unanimously to serve against the Common Enemy for defence of the Catholick Religion His Majesties interests their liberties lives and fortunes in pursuance of the Oath of Association and to observe in the mean time the Form of Government the said Congregation shall prescribe until it be otherwise ordered by an Assembly or until upon application to His Majesty he settle the same otherwise And we do fulminate the annexed Excommunication of one date with this Declaration against all opposers of the same Declaration All ye good Christians that shall read this our Declaration forced from us by the affliction and disasters of distressed Ireland be pleased to know that we well understand the present condition of this Nation is more inclining to ruine and despair than recovery yet will we relie upon the mercy of God who can and will take off from us the heavy judgments of his Anger War and Plague if we shall amend our wicked lives and lean like little ones upon the arms of his mercy As we cry to Heaven for remedy let us confess with tears our sins saying with the Prophet Isaiah Cecidimus quasi folium universi iniquitates nostrae quasi ventus abstulerant nos Non est qui invocet nomen tuum Domine non est qui consurgat teneat te Abscondisti faciem tuam a nobis allisisti nos in manu iniquitatis nostrae This language from the heart will reconcile Heaven unto us quiescet ira Dei erit placabilis super nequitia populi sui Though this Nobleman hath left us nothing but weakness want and desolation and that the Enemy is rich strong and powerful God is stronger and can help us
way of preserving the remainder of the Kingdom was by the chearful submission of the Cities Towns and People to the rightful authority placed over them And if the Congregation or as many of them as are now there should be put to shew a more probable way or to quit the Kingdom it is possible it might be fit for them to think of their voyage as it might in such case be reasonably hoped the Kingdom might be preserved Thus have VVe gone through and answered all that VVe could ever see or hear objected against Us by the Congregation and acquainted you by what steps they have proceeded to their Declaration and Excommunication VVherein VVe have recited their own words and related their own actions so truly that they cannot if they would deny any part of what We have set down as theirs and therein also We have been the more particular because it is doubtful whether We shall ever have another opportunity of vindicating Our Self from false aspersions cast upon Our person and actions It remains that We say something of His Majesties Declaration in Scotland As soon as We had received the said Declaration and were assured it was no forgery of the Rebels to seduce the People which We confess for some time We suspected We assembled the Commissioners authorized in pursuance of the Articles of Peace and intrusted by the Assembly in behalf of this Kingdom to look to the performance of the said Articles and on the 23d of October delivered to them the printed Copy of His Majesties said Declaration which We had received the 13th of October believing it a necessary discharge of Our Self towards this Nation seasonably and freely to impart to those so highly trusted by them a matter so nearly concerning them and with the advice and consent of the said Commissioners We issued Our Letters of the 24th of October for the meeting of an Assembly at Logbreogh on the 15th of November We also writ to the said Commissioners this following Letter AFter Our hearty Commendations Having lately received assurance That His Majesty hath been induced to declare the Peace concluded in this Kingdom in the year 1648 by vertue of Authority from His late Majesty of ever glorious Memory as also from His Majesty now Reigning to be void and that he is absolved therefrom We have thought it necessary for the vindication of Our own Honour freely to declare unto You as well what hath passed from Us to His Majesty that might give any colour for such a Declaration as what Our resolution is thereupon It is very true That from time to time We endeavoured to give His Majesty a true account of His affairs committed to Our charge in general and that therein We could not omit informing him of divers Affronts put upon His Authority by means whereof and the disobediences of the remaining Towns if persisted in VVe were in despair of doing him any considerable service or of defending the Kingdom from the Rebels But in all Our dispatches VVe were careful that His Majesty should understand that the Nobility and greater part of the Gentry continued faithful to His Majesty obedient to His Authority and worthy of His favour and protection VVhether any of these dispatches have come to His Majesties hands or if they have whether before or since his making his Declaration against the Peace VVe know not But VVe find that His Majesties Declaration is principally grounded upon the unlawfulness of concluding the Peace with this Nation and the breaches on the part of the Nation are mentioned but in general terms and by the bye So that however the affronts put upon His Authority have been many and obstinately persisted in to this day and that in such places whereupon evidently depends the preservation or loss of the whole Kingdom to the Rebels whereof VVe have several times given notice unto you and followed the wayes advised by you for reclaiming the said places without any success yet considering the Declaration gained from His Majesty is without hearing what could be said by the Nation in their own defence and such as involves it generally without exception in the guilt of Rebellion and that even those that have with greatest insolence invaded the Royal authority and endeavoured to withdraw the People from their Allegiance do yet pretend that they will make their complaint against Us to His Majesty thereby impyling That they will submit to His judgment We have thought fit to let you know That notwithstanding the said Declaration by some undue means obtained from His Majesty We are resolved by the means it shall please God to offer unto Us and thorough all hazards in behalf of this Nation to insist upon and assert the lawfulness of the conclusion of the Peace by vertue of the foresaid Authorities and that the said Peace is still valid of force and binding to His Majesty and all His Subjects And herein We are resolved by the help of God to persist until both We and such as shall in that behalf be entrusted and authorized by this Nation shall have free and safe access unto His Majesty and until upon mature and unrestrained consideration of what may on all sides be said he shall have declared His Royal pleasure upon the foresaid Affronts put upon His Authority Provided alwayes First That in the mean time and immediately all the Acts Declarations and Excommunications issued by the Bishops met at Jamestown in August last whereby the People are forbidden to obey Us as Lord Lieutenant be by them revoked and such assurance as shall be agreed on by Us and you the Commissioners authorized in pursuance of the Articles of Peace given by them That they nor any of them shall attempt the like for the future and that they shall contain themselves within the bounds prescribed by the Articles of Peace whereunto they are Parties Secondly That it be immediately declared by you That the said Declarations Excommunications and other proceedings of the said Bishops is an unwarranted usurpation upon His Majesties just Authority and in them a violation of the Peace and that in case they shall not give the assurance before expressed or having given it shall not observe the same that you will endeavour to bring the offenders to condign punishment pursuant unto and as is prescribed by the Laws of the Kingdom as disturbers of the Peace of the Kingdom and obstructers of the means of preserving the same Thirdly That a like Declaration be made by all that derive authority from His Majesty Civil or Martial and by the respective Mayors Aldermen Common-Councils Burgesses and all other Magistrates in all the Corporations of the Kingdom Fourthly That VVe be admitted to make Our free and safe residence in any place VVe shall choose within the limits not possessed by the Rebels Fifthly That VVe immediately be admitted to Garrison such places and in such manner according to the Articles of Peace as VVe shall find necessary for the defence of the
will not agree with the Parliament for not having it We are of opinion the best remedy the King 's Authority being taken away as was said of meeting this inconvenience of the Peoples closing with the Parliament is returning to the Confederacy as was intended by the Nation in case of breach of the Peace of His Majesties part This will keep an union amongst us if men will not be precipitantly guilty of breach of their Oath of Association which Oath by two solemn Orders of two several Assemblies is to continue binding if any breach of the Articles should happen of His Majesties part The King 's Authority and the Lord Lieutenants Commission being recalled by the Declaration abovesaid we are of opinion the Lord Lieutenant hath no such Authority to leave If we must expose Lives and Fortunes to the hazard of fighting for making good that Peace seeing the danger and prejudice is alike to defend that or get a better Peace why should we bound our selves within the limits of those Articles so disavowed Answer To this VVe answer That if they were alwayes of opinion all their endeavours should be employed to keep the King's Authority over them their Declaration and Excommunication is a strange way of manifesting that opinion which Declaration and Excommunication bears date before His Majesties Declaration wherein they say He throweth away the Nation as Rebels So that whatever His Majesty hath done in withdrawing His Authority it is apparent their endeavour to drive it away was first in time In their advice of returning to the Confederacy appears the scope of their dilemma's and arguments against the continuance of the King's Authority over them which that they may be sure to be rid of they say VVe have not Authority to leave Their Reasons why in Conscience they cannot consent to the revocation of their Declaration and Excommunication follow Vpon consideration of the whole matter we may not consent with safety of Conscience to the Provisoes of revoking our Declaration and Excommunication demanded by his Excellency or granting any assurance to him or the Commissioners of Trust for not attempting the like in the future and that for many Reasons especially for First Reason That the King's Authority is not in the Lord Lieutenant nor power in us to confer a new Authority on him being also destructive to the Nation to continue it in him and preservative if in another And that was our sense when we declared against the King's Authority in his person Answer The King's Authority was to Us when the Declaration and Excommunication was framed by them they acknowledge And that it is still in Us notwithstanding His Majesties said Declaration VVe are able to make good if We could find it of advantage to His service or the safety of His good Subjects But that they confess It is not in them to confer a new Authority upon us is one of the few Truths they have set down Yet why they may not pretend to give as well as take away Authority and why they may not to Us as well as to others We know not They further say It is destructive to the Nation if continued in Vs and preservative if in another and this they say was their sense when they declared against the King's Authority in Our person We would gladly know what We have done to change their sense since the time that by their many professions formerly recited they seemed to be of another opinion If it be for doing little or nothing We believe We have made it appear they are principally guilty of Our being out of action That it will be preservative to the Nation to have Authority to govern it in another We shall be glad to be convinced in the event Second Reason We much fear we should lose the few Churches remaining under his Government as we lost under him all the Churches of the Cities of Waterford and Kilkenny and the Towns of Wexford Rosse Clonmel Cashel Fethard Kilmallock c. In this agreeing with the Maccabees Maximus vero primus pro sactitate timâ—r exat templi Answer The loss of the places mentioned here is answered elsewhere We shall only add That as Cashel was lately deserted by some of those these men esteem obedient Children of Holy Church so the same men could neither be persuaded nor forced into Kilkenny when they had orders for it and by that means both places were lost Third Reason His Excellency having declared at Cork That he will maintain during his life the Protestant Religion according to the example of the best Reformed Churches which may be the same in substance with the Oath of Covenant for ought we know we may not expect from him defence of the Catholick Religion Answer Whatever We declared at Cork in this particular was before the conclusion of the Treaty of Peace and was published in Print and then well known to many of these Bishops So that they ought then to have been aware how they had concluded a Peace with one that had made such a Declaration rather than now after almost Two years to make it a ground of breaking the Peace What Our opinion is of the Covenant or the best Reformed Churches We hold not Our Self obliged to declare Resolved We were to defend the Peace concluded by Us in all the parts of it Which We have faithfully endeavoured to do and should still have endeavoured it if We had not been interrupted affronted and wholly disabled therein by the contrivement of those very Bishops their Brethren and Instruments Fourth Reason The scandal over all the world to make choice of one of a different Religion especially in Rome where His Holiness in His Agreement or Articles with the Queen of England had a Catholick Governour granted though not performed And we do fear the scourges of War and Plague that have fallen so heavy upon us are some evidences of Gods anger against us for putting Gods Causes and Churches under such a hand whereas that Trust might have been managed in a Catholick hand under the King's authority Answer Now at length they are come plainly to shew the true ground of their Exception to Us which they have endeavoured all the while to disguise under the personal scandals they have endeavoured to cast upon us They are afraid of scandal at Rome for making choice as they call it as if they might choose their Governours of one of a different Religion If this be allowed them why they may not next pretend to the same fear of scandal for having a King of a different Religion and to the power of choosing one of their own Religion We know not Touching any agreement made between the Queen of England and His Holiness for a Governour for this Kingdom We have never heard of any such and We are most confident That in the agreement and consequently in the want of performance Her Majesty is falsely aspersed by the framers of this Paper Fifth Reason That we shall
find no succour or countenance from any Catholick Prince of the Church or Laity he governing but reproach and disgrace Answer We believe that no Prince or State that could not be induced to succour or countenance this Nation being under obedience to their natural King will succour or countenance it if it suffer it self to be seduced into Rebellion upon the motives suggested by these men and their Brethren which were to give evil example to their own Subjects and hazard the quiet of their Kingdoms or States Sixth Reason That the Souldiers by the ill success of his conduct have not the heart to fight under him and so we shall be lost if we come to fighting Seventh Reason We find the People generally in great fear to be lost under his Government and are of opinion That the greater part of the People will agree with the Parliament if the Authority were continued in him despairing of defence under him Answer To these We have answered elsewhere * * From page 109. to page 115. in this Discourse Eighth Reason That we declared against him having the King's Authority out of no spleen or malice against his person so save us God but for the fear we had upon good deliberation of the utter ruine and destruction of the Nation under his Government and that now finding no reasons or wayes of preservation by him we may not with reason be induced to alter our opinion especially the Kings authority being not in him Answer We cannot sufficiently wonder That men having no spleen or malice to our person have yet been so Transported by their desire to have a Governour to their mind as to asperse us with so many untruths as they have been detected of in this Discourse Or why if their charity be such as they speak of they chose not rather to deal freely with Us in private when VVe so often provoked them to it than to join with others to keep Us here against Our inclination as if it were on purpose to send Us away irrecoverably blasted in Honour and Reputation by their publick Declaration Ninth Reason That those two considerable Corporations remaining are at great distance with his Excellency for giving Commissions to take away their Goods and other Reasons and are thought to be resolved not to submit to him though they resolve to appear as in their intentions and actions they conceive they are faithful to the Crown and to the Kings authority obedient if placed in another person Answer As to the Commissions here mentioned to be given by Us against Lymerick the many provocations disobediences affronts and challenges of dues by the Commissioners applotted on them required much more at Our hands than VVe did VVhich you will find by the ensuing Discourse though therein VVe are necessitated to re-assume in part what VVe formerly said of the demeanour of that City That VVe having for a long time observed the great disadvantage His Majesties service in the conduct of the VVar hath been subject unto for want of Garrisoning the Army in the principal Cities and Towns of this Kingdom whereby the Army could not but be undisciplin'd and unfit for action the Countrey where VVe have been forced to quarter them at large burthened and destroyed and the said Cities and Towns on the defence whereof depended the preservation of the Kingdom with the lives liberties and fortunes of all His Majesties good Subjects therein in apparent hazard of being lost upon the approach of an Enemy as by sad experience hath been verified in the loss of some places of importance for the want of the seasonable admitting into them of fitting Governours and Garrison Souldiers VVe did on the 14th of January last propose unto the Commissioners authorized by Us in pursuance of the Articles of Peace That then immediately Lymerick and other places should be strongly Garrison'd and Fortifi'd and in pursuance of the said Articles VVe offer'd unto them the names of three persons of the Roman-Catholick Religion that out of them they might choose one for the Command of Lymerick But the Plague increasing at Kilkenny together with the necessity of dissolving the meeting then there and for other important Reasons the Election of a Governour of the said City of Lymerick was deferred to the end that at Our coming thither VVe might in the manner prescribed by the Articles of Peace make choice of such a Person and Garrison as might be at once fit for so important a Charge and beyond all possibility of being lyable to just Exception from that Corporation We leave it to the Commissioners and others that then attended Us to witness what pains We there took to satisfie those of that City in the necessity of their speedy receiving a Governour and Garrison in relation to all the interests that can be of value with any people what Our patience was in passing by many disrespects and marks of an unworthy distrust put upon us there as particularly the Officer commanding the City Guards neither came to Us for orders nor imparted any to Us That no Officer of the Army nor any other person could without special leave and that hardly obtained from the Mayor be admitted to come to Us to receive Our commands and directions for resisting the Rebels than by this means prevailing in the County of Lymerick and other places and That the Lord Viscount Kilmallock a Peer of the Realm and an Officer of the Army was We being upon the place restrained of his liberty for no other reason than for quartering by Our orders for one Night some few Horse under his Command in the liberties of the City When thorough such their deportment We despaired of persuading them to the wayes leading to their proper safety and also judged it far beneath the honour of Our Master to remain any longer in a place where such Affronts were put upon His Authority intrusted with Us We determined to remove from thence to Loghreogh appointing the said Commissioners and as many of the Roman-Catholick Bishops as were within any convenient distance to meet Us there on the 19th of March Where being met We declared unto them the necessity of Garrisoning that City and gave them some notice of Our resentment of Our usage there yet sparingly in hope that by their means they might be brought to consent to what was so necessary for their own preservation and in time to a better understanding of their duty to His Majesties Authority Whereupon the said Commissioners by two of their number directed very pressing and rational Letters to that Corporation to the effect proposed by Us offering to them their choice of five persons for the Martial Government of that City all of the Roman-Catholick Religion of considerable interest in the Kingdom and of unblemished Reputation And the Bishops do affirm That they accompanied those Letters with others from themselves persuading that obedience should be given to what was required by Us with the advice and consent of