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

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no yet doubtless even the Lord Nuncio and Delegates will not deny but the causes expressed in the Appeal are probable or likely or such as if they can be proved to be true will be thought sufficient There is no man of judgment hath ever yet seen or will see the Appeal that can or will deny this And if so how could it be rejected in foro exteriori as unjust whereas it hath the conditions prescribed by the Doctors Canons and Glosses for a just Appeal the one to have been made in due time and the other to have expressed in it motives which may seem in facie Ecclesiae to be probable likely or such as being proved would be thought lawful For that of bona fides mentioned by some of the Divines is not required by them but only for securing the interiour Conscience of the Appellant and not for any thing might concern the exteriour Tribunal wherein judgment is not given of the interiour opinion or bona fides of the Appellant but of that which appears exteriourly as of the causes expressed in the Appeal c. which if secundum allegata probata they be found true the Judge ad quem to whom only it belongs will give sentence for the Appeal whether in the mean time the interiour opinion of the Appellant was a bona fides or no. For of the interiour God alone is Judge not the Church And this is the reason why the Canons and Glosses speaking of the reasonableness and justice of the causes which being expressed makes the Appeal just require only such motives as seem probable or true though in themselves they be not true or such as being proved to wit before the Judge ad quem would make the Appeal lawful and say nothing of the bona fides conceiving this to be impertinent and not belonging to the external Court of judgment which they do chiefly regard Yet because the bona fides of the Appellants may be sufficiently conjectured out of the probability likelihood or evidence of the motives expressed in the Appeal who can doubt that knows the state of Ireland and looks on our condition with an indifferent eye but the Council and Confederates had not only probable motives but even reasons in themselves and before the World most evidently just which necessitated them to make their address to His Holiness and throw themselves into His protection though for point of Conscience this was needless from the violent proceedings of the Lord Nuncio and his either Delegates or Sub-delegates as being for private ends opposite to the advancement of Religion and of the common Cause destructive of the Kingdom and illegally thwarting the Supreme Civil power of the Confederates by drawing the people in as much as in them lie to Sedition and Rebellion All which motives and many more your Honours expressed at large in your Appeal and their truth may be manifestly inferred out of our sad condition the great necessity the Countrey stood in of a Cessation and the no less utility might be derived from it for the Catholick Cause as your Honours of the Council declared in your said Appeal and we have shewed in our answer to the first Querie Unto which motives may yet be added according to the power for adding your Lordships reserved to your selves in your Appeal what is consequent out of them and out of other particulars expressed in the Appeal videlicet That your Honours and the rest of the Confederates were commanded on pain of Excommunication and Interdict not to adhere unto a Cessation concluded upon actually and from which neither you nor they could fall without omission of most vertuous acts Fidelity in performance of Promises Religion in sacred Oaths and Disobedience to Authority nor without commission of sinful acts unfaithfulness in Contracts Perjury in Oaths and disobedience to Authority From which likewise you could not fall without extremely endamaging and hazarding the Commonwealth by reason of the strength and multitude of enemies which that Cessation rejected would on all sides come upon us besides the judgments of God would hang over us for our perfidiousness (k) See both in Sacred and Prophane Histories the dreadful punishments that attended alwayes the breach of Publick Faith and Perfidiousness See in the 2d of Kings 2● how Heaven pursued with vengeance the King and whole Kingdom of Israel for having broken Faith with the Gibeonites though no less than a Hundred years since the Covenant made with them Josh 9. yea and though in that Covenant the Gibeonites used subtlety and were by profession Infidels Were not the chosen people and Nation of God for this breach of Faith scourged with an universal Famine even in the dayes of holy King David propter Saul domum ejus sanguinum quia occidit Gabeonitas And notwithstanding so many Thousands starved to death by this Famine was the Divine wrath appeased until Seven of his Sons who brake the League were resigned over by King David to the pleasure of the offended Gibeonites and were Crucified alive by them upon a Mount before the face of God Et dedit eos in manus Gaba●nitorum qui cruc fierunt eos in monto coram Domino repropitiatus est Deus torrae post hac See in the 36 of Paralip●m the deplorable fate of the unfortunate King Sedecias and of his Kingdom for having contrary to promise made renounced his Allegiance broken League with and taken Arms against Nabuchadnezza● the Monarch of Babylon A ●ege quoquo Nabuchad●●s●● recesserat qui adjuraverat eum per Deum Was not his Kingdom therefore utterly destroyed the holy City r●zed the Temple of God burn'd the miserable King deprived of those eyes wherewith before he beheld the Covenant broken finally his Countrey planted with Aliens and both himself and the remainder of his people translated to Babylon for to lead the life of Slaves in a long Captivity of 70 years Yet Sedecias was drawn to this breach of Peace through causes no less specious than Nebuchadnezzar's Idolatry in Religion and Tyranny in his Government of the elect Nation of God See in Gregory Sceidius and in Knolls's Turkish History the formidable event of a Cessation or Ten years Truce broken formerly concluded 'twixt Vladislaus the Christian Catholick King of Hungary and Amw●ath the Turkish Monarch but broken by the Christian King soon after 't was published by the persuasions and overmuch importunity of part of the Clergy specially of Julian the Florentine Cardinal then Legate Apostolick in the Kingdom of Hungary who needs would dispense in the Oath interchangeably taken by Christians and Turks for observing the Cessation Alas how late came repentance when the poor Hurg●rians beheld their valiant and good Vladislaus slain before their faces in the Battel of Varra their Nobility slaughtered ●●lian himself with o●her Authors of this misfortune all naked covered only with blood and yielding the ghost their Army ever before this faithless dealing victorious totally destroyed and