clearest both Texts and Reasons imaginable Of all which manifold Authorities of Reason Gospel Humane Laws and Canons having had sufficient knowledge when I engaged in the Controversie and more when for so engaging and for that only I was so strangely prosecuted by Summons Censures c I thought that even my duty to you and the regard I was bound to have of your common interest required of me to make the best use I could of that knowledge in order to your publick good as well on the one hand to assert your and my both Native and Christian right against them that invaded it by those unlawful proceedings as also on the other hand to shew at least in one instance the untruness of that Proposition whereof depends and wherein lies the whole stress of the grand Objection against you which if I be not much deceived is in substance this viz. That for any Roman-Catholick Priest holding firmly to all and every the Articles of Faith undoubtedly believed or at least own'd as such amongst all Roman-Catholicks universally and observing all other duties required of him by the Canons received generally in the National Churches of that Religion it is impossible to be in all cases or contingencies whatsoever indispensably or unalterably obedient and faithful to a Protestant Prince or Kingdom or Government not even in so much as in all meer Civil or Temporal things onely according to the Laws of the Land especially if the Pope command him to the contrary under pain of Excommunication Now as I have behaved my self hitherto I am sure I have manifestly enough proved the untruth of that Proposition and by consequence for as much as pertains to me have really answer'd the grand Objection deducible from it And so have not a few other Irish Priests even all those who together with me suffered very much for many years in the former Cause of the Nunoio or in this latter of the Remonstrance or in both and have not as to either condemn'd or contradicted themselves hitherto by any unworthy submission though at last compellâ—d to silence and in other matters forced to desert me and to submit to their Adversaries Nor do I at all doubt but rather am certain there are this day within England above Five hundred Native Priests beside a great many more in Ireland however at present weathering out the storm so fully resolved for the future in their own persons and cases likewise to disprove that Proposition and to satisfie the Objection built thereon That if His MAJESTY and both Houses of PARLIAMENT may be graciously pleased to try them once with an Act of Grace after a hundred years punishment and to take off I say not any other Incapacity but onely that of living in their Native Countrey that when at home they have satisfied the State they may not be driven abroad to beg or starve and be there exposed to all the rage and violence of the Roman Court they will by a publick Instrument signed under all their hands declare as amply and clearly and heartily against all the foresaid new Doctrines and Practises and all other whatsoever groundless vain pretences of Rome as I have done or as that Act shall require and will be ready to renew that Assurance as oft as shall be required and even to expose their Lives if need be in defence of it notwithstanding any Declarations Precepts or Censures of the Pope to the contrary Third Appendage relating to the Sixth Querie That I know and cannot but mind you of what the Roman-Catholicks of these Kingdoms have lost even since the King 's most happy Restauration by not being advised by Church-men of honest principles in point of His Majesties independent Power and the Subjects indispensable Obedience to Him in all Civil or Temporal things according to the Laws of the Land They have lost three fair opportunities of being not only eased of all their pressures from the penal Statutes but rendred as happy as they could in reason desire or even wish under a Protestant King and Government The first opportunity was offered them in England in the year 1661 when it was earnestly and strongly moved in their behalf in the House of Lords to Repeal the Sanguinary Laws in the first place and a Hill was drawn up to that purpose The second and third were in Ireland the former in the year 1662 when a discontented Party of the Adventurers and Souldiers there had laid their design for surprizing the King's Castle at Dublin and the latter in the year 1666 when we were in the first War with Holland and near to it with France and the Irish National Congregation of the Roman-Catholick Clergy was by occasion of that War suffered to convene at Dublin in order to assure the King of their fidelity How happy the Roman-Catholicks in general might have been if they had taken time by the forelock in any of those three opportunities especially in the first may be easily understood And how unhappy their neglect or wilfulness hath proved to themselves I cannot but with grief of heart consider The rather because I was my self the onely man employed first to the Roman-Catholick Clergy both of England and Ireland on the foresaid occasions to prepare them against any obstruction from themselves of the favours intended towards them and that nothing else was required on the first occasion from those in England but their being ready to take the Oath of Allegiance onely as in the Statute 3 Jacobi His Majesty being then inclined to have dispens'd with them for the Oath of Supremacy nor in the second and third occasion was any thing required from those of Ireland more than their Signing the Loyal Remonstrance or Formulary which had been Sign'd before in the year 1661 by some of their own Ecclesiastical Brethren and so considerable number of their Nobility and Gentry For my own part I am morally certain that if those fair opportunities had not been slighted or if either the one or the other condition had been embraced you should not have seen in your dayes any such tryal of men for bearing office as that you complain of so much now a renouncing of the Doctrine or Tenet of Transubstantiation according to the late Act of the Parliament of England And I am no less certain that had you hearkned to the advice of any of those many virtuous learned Church-men amongst you who have as much true zeal according to knowledge even for the splendor of Catholick Religion and as much true reverence for and obedience to His Holiness as according to Reason or Christianity they can have and withall are truly well affected and rightly principled as to that faith and obedience which they and you all owe by the Laws of God and man to the Temporal Government you had neither slighted any of those good opportunities nor neglected to embrace either of those two most reasonable conditions Fourth Appendage but relating to all the Queries generally
Kilfinuran On the xviii a third Message to the Congregation Burk and Fogerty on the xx present a second Petition to the Lord Lieutenant with a Paper of Reasons why the Fathers would not sign the other three Sorbon Declarations as applied c. The Lord Lieutenant's Answer being reported they or at least the chief of them are startled desire more time to sit and deliberate obtain it and yet conclude at last in the Negative Dr. Daly's exception Letter to them from the Subscribers of the first Remonstrance On the xxv their last sitting was Wherein the Procurator tells them first of the Lord Lieutenant's positive Commands to dissolve Next contradicts the relation of Ardagh Then refuses their offer both of Money and commendatory Letters In the fourth place gives a large account of the famed wonder-working Priest James Finachty Lastly moves for and procures their condemnation of two Books the one of C. M. the Jesuite and the other of R. F. the Cappuccin Some other passages relating to the Lord Lieutenant and Bishops which happen'd immediately after the Congregation was dissolv'd The Procurator's judgment of this Congregation leading Members thereof and of their several interests and ends After their dissolution the Doctrine of Allegiance in fifteen several Propositions debated for a whole Month by a Select number of Divines A Paper of Animadversions given to the Lord Lieutenant and his Graces commands laid on the Procurator I. IN September 1665. the Duke of Ormond then Lord Lieutenant of Ireland having landed at Waterford passed to Kilkenny and there continuing some Weeks Father Patrick Maginn one of Her Majesties Chaplains who had from England as I noted before waited on his Grace to take that good opportunity of crossing the Sea safely came from Kilkenny to Dublin some Weeks before his Grace but in order to a further Journey to see his Friends in the North of Ireland Being come to Dublin and the Procurator Father Peter Walsh who was about that time also landed from Holy-head giving him a visit for their acquaintance and some small friendship lately before contracted in England Father Patrick offered his own endeavours to work his Countreymen of the North to a Subscription of the Remonstrance hoping thereby to make them and consequently the rest of the Roman-Catholick Irish more capable of His Majesties future Favours and abate somewhat of the rigour of the Court of Claims pursuing the new Explanatory Act which the Lord Lieutenant had then brought with him from the King and Council of England to pass in this Parliament of Ireland In particular he promised to persuade his own Brother Ronan Maginn a Priest Doctor of Divinity bred in Italy and then by a Roman Bull or Papal Dean of Dromore to subscribe and that him and Dr. Patrick Daly Vicar-General of Ardmagh and under the Archbishop Edmund Reilly a banish'd man living then in France Judge Delegate of that whole Province he would bring to Dublin to confer with the Procurator in order to a general Subscription Pursuant to his promise Father Patrick being immediately departed to the North persuades Dr. Daly to come to Dublin as likewise he brought in his own company his Brother Ronan And indeed Ronan after some Weeks conference with the Procurator and study of such Books as he had from him especially Father Caron's Remonstrantia Hibernorum at last having fully satisfied his own judgment did both freely and heartily Subscribe But for Dr. Daly he was still where he formerly was viz. at the desires of a National Synod or Congregation before he could resolve See the First Part Sect. IX pag. 27. num 16. and Sect. X. pag. 40. num 16. and Sect. XVI pag. 48. near the bottom where you have not only those desires of a National Congregation urg'd anno 1662. by the Bishop of Meath by the Vicar Apostolical of Dublin and some other such Vicars too from several parts of Ireland but also in the above page 40 and page 50. the Procurator's answer at large shewing the unreasonableness of those desires then However now or in the year 1665. the Procurator seeing no remedy i. e. no other way to cure their obstinacy thought fit at last to try this by condescending to their demand What reasons induced him now to yield herein more than before were these 1. That the Primate of Ardmagh Edmund Reilly and the Bishop of Ferns Nicholas French such leading men especially the one in the North and the other in Leinster if not all over Ireland seemâ—d by their frequent Letters from beyond Seas to the Procurator desirous to come home upon any reasonable account and submission also to His Majesty and to the Lord Lieutenant for past offences in the time of War and not to disallow but rather allow of the Remonstrance and not they alone but also the Bishop of Kilfinuran 2. That now His Majesty having been engaged in a War both with Holland and France some of the discontented Irish had been tampering with France for creating new Troubles in Ireland either by an Invasion or Insurrection or rather both and that the exiled Bishops if returned home although on pretence only of such a Congregation their very coming home so whatever otherwise they intended really would much weaken and discountenance any such either hostile or rebellious design being the end of such a Meeting was generally and evidently known out of the very Letters of Indiction to be no other than to assure the King of their indispensable fidelity in all cases and after-times 3. That the doctrine of the Remonstrance and good opinion of that Formulary had even at home in Ireland many more Favourers and Abettors now in 1665. than it had some three years before many even learned and pious Churchmen out of several parts of Ireland though not called upon having since that time come of purpose freely and affectionately to Dublin to sign it besides those of the Nobility and Gentry and some others too of the Commons as you may see page 47. 95. and 99. of the First Part of this First Treatise where also page 13. you may see the Bishop of Ardagh then in 1665. at home in Ireland approving it under his hand from Seez in France Dec. 2. 1662. in his Letter to Sir Nicholas Plunket and page 93. Father Antony Docharty Minister Provincial of the Franciscan Order in Ireland likewise under his own hand to the Lord Lieutenant concurring to it 4. That by this time the Procurator himself who chiefly promoted that work had as by many others endeavours so in a special manner by his then late Reply to the Person of Quality not onely endeared himself to the Nation in general but even to many of his former opposers amongst them and much confounded the most malicious and inveterate of those who were his old profess'd enemies upon the Nuncio's account or that of his writings and actings against the Nuncio and Owen O Neill's party 5. That in all likelihood if the Congregation were held
power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties Chief Governour or Governours for the time being all Treasons or Trayterous Conspiracies which I shall know or hear to be intended against His Majesty or any of them and I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God Nevertheless the said Lord Lieutenant doth not hereby intend that any thing in these Concessions contained shall extend or be construed to extend to the granting of Churches Church-livings or the exercise of Jurisdiction the Authority of the said Lord Lieutenant not extending so far Yet the said Lord Lieutenant is Authorized to give the said Roman Catholicks full assurance as hereby the said Lord Lieutenant doth give unto the said Roman Catholicks full assurance That they or any of them shall not be molested in the possession which they have at present of the Churches and Church-livings or of the exercise of their respective Jurisdictions as they now exercise the same until such time as His Majesty upon a full consideration of the desires of the said Roman Catholicks in a Free Parliament to be held in this Kingdom shall declare his further pleasure II. Item It is concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That a Free Parliament shall be held in this Kingdom within Six months after the date of these Articles of Peace or as soon after as Thomas Lord Viscount Dillon of Castelloe 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 Callaghne Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or the major part of them will desire the same so that by possibility it may be held and that in the mean time and until the Articles in these presents agreed to be passed in Parliament be accordingly passed the same shall be as inviolably observed as to the matters therein contained as if they were Enacted in Parliament and that in case a Parliament be not called and held in this Kingdom within two years next after the date of these Articles of Peace then His Majesties Lord Lieutenant or other His Majesties chief Governour or Governours of this Kingdom for the time being will at the request of 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 the major part of them call a GENERAL ASSEMBLY of the Lords and Commons of this Kingdom to attend upon the said Lord Lieutenant or other His Majesties chief Governour or Governours of this Kingdom for the time being in some convenient place for the better setling of the Affairs of the Kingdom And it is further concluded accorded and agreed by and between the said Parties That all matters that by these Articles are agreed upon to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament And that the said Acts so agreed upon and so to be passed shall receive no diminution or alteration here or in England Provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of His Majesties Protestant party or their Adherents or to any of His Majesties Roman Catholick Subjects party or their Adherents other than such things as upon this Treaty are concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and other than such matters as His Majesty will be graciously pleased to declare his further pleasure in to be passed in Parliament for the satisfaction of His Subjects and other than such things as shall be propounded to either or both Houses by His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being during the said Parliament for the advancement of His Majesties service and the peace of the Kingdom which Clause is to admit no Construction which may trench upon these Articles of Peace or any of them and that both Houses of Parliament may consider what they shall think convenient touching the Repeal or suspension of the Statute commonly called Poynings Act intituled An Act that no Parliament be holden in this Land until the Acts be certified into England III. Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of His Majesties Roman Catholick Subjects of this Kingdom or any of them sithence the 7th of August 1641. shall be vacated and that the same and all Exemplifications and other Acts which contain the memory of them be made void by Act to be past in the next Parliament to be held in this Kingdom and that in the mean time the said Acts or Ordinances or any of them shall be no prejudice to the said Roman Catholicks or any of them IV. Item It is also concluded accorded and agreed upon and His Majesty is likewise graciously pleased That all Indictments Attainders Outlawries in this Kingdom and all the Processes and other proceedings thereupon and all Letters Patents Grants Leases Custodiums Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or Outlawries sithence the 7th day of August 1641. in prejudice of the said Catholicks their Heirs Executors Administrators or Assigns or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assigns or any of them or the Widows of them or any of them and that to be done when 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 the major part of them shall desire the same so that by possibility it may be done and in
the mean time that no such Indictments Attainders Outlawries Processes or other proceedings thereupon nor any Letters Patents Grants Leases Custodiums Bonds Recognizances or any Record Act or Acts Office or Offices Inquisitions or any other thing depending upon or taken by reason of the said Indictments Attainders or Outlawries shall in any sort prejudice the said Roman Catholicks or any of them but that they and every of them shall be forthwith on perfection of these Articles restored to their respective possessions and hereditaments respectively provided that no man shall be questioned by reason hereof for measne rates or wastes saving wilful wastes committed after the first day of May last past V. Item It is likewise concluded accorded and agreed and His Majesty is graciously pleased that as soon as possibly may be all impediments which may hinder the said Roman Catholicks to sit or vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to sit or vote there shall be removed and that before the said Parliament VI. Item It is concluded accorded and agreed upon and His Majesty is further graciously pleased That all Debts shall remain as they were upon the 23d of October 1641. notwithstanding any disposition made or to be made by vertue or colour of any Attainders Outlawry Fugacy or other forfeiture and that no Disposition or Grant made or to be made of any such Debts by vertue of any Attainder Outlawry Fugacy or other forfeiture shall be of force and this to be passed as an Act in the next Parliament VII Item It is further concluded accorded and agreed upon and His Majesty is graciously pleased That for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Freeholders or reputed Freeholders as well of Connaught and County of Clare or Countrey of Thomond as of the Counties of Limerick and Tipperary the same to be secured by Act of Parliament according to the intent of the 25th Article of the Graces granted in the Fourth year of His Majesties Reign the tenour whereof for so much as concerneth the same doth ensue in these words viz. We are graciously pleased that for the securing of the Inhabitants of Connaught and Countrey of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against Vs and our Heirs and Successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by us our Heirs and Successors In which Act of Parliament so to be passed you are to take care that all tenures in capite and all Rents and Services as are now due or which ought to be answered unto Us out of the said Lands and Premises by any Letters Patents past thereof since the first year of King Henry the Eighth or found by any Office taken from the said first year of King Henry the Eighth until the One and twentieth of July 1615. whereby Our late dear Father or any His Predecessors actually received any profit by Wardship Liveries Primer-seizins Measne-rates Ousterlemaynes or Fines of Alienations without Licence be again reserved unto Us Our Heirs and Successors and all the rest of the Premises to be holden of our Castle of Athlone by Knights service according to our said late Fathers Letters notwithstanding any tenures in capite found for Us by office since the One and twentieth of July One thousand six hundred and fifteen and not appearing in any such Letters Patents or Offices within which Rule His Majesty is likewise graciously pleased That the said Lands in the Counties of Limerick and Tipperary be included but to be held by such Rents and Tenures only as they were in the fourth year of His Majesties Reign provided alwayes That the said Lords Knights Gentlemen and Freeholders or reputed Freeholders of the said Province of Connaught County of Clare and County of Thomond and Counties of Tipperary and Limerick shall have and enjoy the full benefit of such composition and agreement which shall be made with His most Excellent Majesty for the Court of Wards Tenures Respite and issues of homage any Clause in this Article to the contrary notwithstanding And as for the Lands within the Counties of Kilkenny and Wickloe unto which His Majesty was intituled by office taken or found in the time of the Earl of Strafford's Government in this Kingdom His Majesty is further graciously pleased That the state thereof shall be considered in the next intended Parliament where His Majesty will assent unto that which shall be just and honourable And that the like Act of Limitation of His Majesties Titles for the security of the Estates of His Subjects of this Kingdom be passed in the said Parliament as was Enacted in the One and twentieth year of His late Majesty King James's Reign in England VIII Item It is further concluded accorded and agreed upon and His Majesty is further graciously pleased That all incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Inns of Court in or near the City of Dublin or elsewhere as shall be thought fit by His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being And in case the said Inns of Court shall be erected before the first day of the next Parliament then the same shall be in such place as 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 Castelloe 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 shall think fit And that such Students Natives of this Kingdom as shall be therein may take and receive the usual degrees accustomed in any Inns of Court they taking the ensuing Oath viz. I A. B. do truly acknowledge profess testifie and declare in my Conscience before God and the World That our Sovereign Lord King CHARLES is lawful and rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty His Heirs and Successors and Him and Them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties Chief Governour
said Articles and before the said Publication shall not be accompted taken or construed or be Treason Felony or other offence to be excepted out of the said Act of Oblivion Provided likewise That the said Act of Oblivion shall not extend unto any person or persons that will not obey and submit unto the Peace concluded and agreed on by these Articles Provided further That the said Act of Oblivion or any in this Article contained shall not hinder or interrupt 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 call to an account and proceed against the Council and Congregation and the respective Supreme Councils Commissioners General appointed hitherto from time to time by the Confederate Catholicks to manage their affairs or any other person or persons accomptable to an account for their respective Receipts and disbursments since the beginning of their respective employments under the said Confederate Catholicks or to acquit or release any arrears of Excises Customs or Publick Taxes to be accompted for since the Three and Twentieth of October 1641. and not disposed of hitherto to the Publick use but that the Parties therein concerned may be called to an account for the same as aforesaid by 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 Act or any thing therein contained to the contrary notwithstanding XIX Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That an Act be passed in the next Parliament prohibiting That neither the Lord Deputy or other chief Governour or Governours Lord Chancellor Lord High Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy Council or Judges of the Four Courts be Farmers of His Majesties Customs within this Kingdom XX. Item It is likewise concluded accorded and agreed and His Majesty is graciously pleased That an Act of Parliament pass in this Kingdom against Monopolies such as was Enacted in England 21 Jacobi Regis with a further Clause of Repealing of all Grants of Monopolies in this Kingdom and that Commissioners 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 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 set down the Rates for the custom and imposition to be laid on Aquavitae Wine Oyl Yearn and Tobacco XXI Item It is concluded accorded and agreed and His Majesty is graciously pleased That 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 shall be as soon as may be authorized by Commission under the Great Seal to regulate the Court of Castle-Chamber and such causes as shall be brought into and censured in the said Court XXII Item It is concluded accorded and agreed upon and His Majesty is graciously pleased That Two Acts lately passed in this Kingdom the one prohibiting the plowing with Horses by the Tail and the other prohibiting the burning of Oats in the straw be Repealed XXIII Item It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased For as much as upon application of Agents from this Kingdom unto His Majesty in the Fourth year of His Reign and lately upon humble suit made unto His Majesty by a Committee of both Houses of the Parliament of this Kingdom some order was given by His Majesty for redress of several Grievances and for so many of those as are not expressed in the Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of His Majesties said former directions for redresses therein that the same be afforded them yet so as for prevention of inconveniencies to His Majesties service that the warning mentioned in the Four and twentieth Article of the Graces in the Fourth year of His Majesties Reign be so understood that the warning being left at the persons Dwelling-houses be held sufficient warning and that as to the Two and twentieth Article of the said Graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in our English Courts But the Court of Wards being compounded for so much of the aforesaid Answer as concern warning and process shall be omitted XXIV Item It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased That Maritime Causes may be determined in this Kingdom without driving of Merchants or others to appeal and seek Justice elsewhere and if it shall fall out that there be cause of an Appeal the Party grieved is to appeal to His Majesty in the Chancery of Ireland and the Sentence thereupon to be given by the Delegates to be definitive and not to be questioned upon any further Appeal except it be in the Parliament of this Kingdom if the Parliament then shall be sitting otherwise not This to be by Act of Parliament And until the said Parliament the Admiralty and Maritime Causes shall be ordered and setled by the said 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 XXV Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That His Majesties Subjects of this Kingdom be eased of all Rents and increase of Rents lately
amongst the same Protestants to perswade themselves that however in our neighbouring Catholick Kingdoms the Article of Transubstantiation and the Doctrine of the Bishop of Rome's universal Monarchy or of his both spiritual and temporal supreme Jurisdiction do not walk hand in hand together yet amongst the generality of Roman Catholicks in these Nations it hath been otherwise continually these last hundred years and is at present whether in the mean time this proceed out of Ignorance or Interest or both XIII That thus at last the only true both original and continual causes on our side of all the severe Laws and of all the other grievous misfortunes and miseries past and present which we complain of and groan under as peculiar to the Professors of the Roman Catholick Religion in these Nation appearing to be and really being such as I have hitherto discoursed none can be so short sighted or so unapprehensive as not without further discourse to understand likewise the only Christian and proper efficacious remedy of all the said evils for what I mean concerns the future and our own endeavours and concurrence with God and man to help our selves For certainly nothing can be more obvious to reason than that since our own either formal or virtual express or tacit owning of so many uncatholick Positions and so many unchristian practises by our continual refusing to disown them or either of them in any sufficient manner or as we ought by any proper Test hath been of our side hitherto the only immediate cause of all our woes and especially of all those legal Sanctions which upon due reflection do without doubt render our best condition even at present anxious it must follow That the only proper true and efficacious remedy on our side also must be at last our own free and unanimous and hearty and conscientious disowning of all and every the said erroneous Positions and wicked practises even by such a publick full and clear Instrument or Declaration and Oath as may satisfie all Protestants of our utter Aversness and Enmity to all Rebellious Doctrines and Practises whatsoever especially to those which tend to the maintaining of any kind of temporal Dominion or Jurisdiction direct or indirect or even any spiritual Power or Authority which may have the effect of such temporal in the Pope or See of Rome over his Majesty or any of his Majesties Subjects or at all within the Realms of England Ireland or Scotland or within any of the other Dominions acknowledging his Majesty even in any case of contingency imaginable especially in case of either true or only pretended Apostacy Heresie Schism c. and such publick Instrument Declaration and Oath so full and clear even also against all equivocations and both mental and vocal evasions whatsoever to be in your name together with your Petition most humbly presented to the King and Parliament some time this present Session by your sufficient Representatives the Roman Catholick Lords or such of them as will be pleased to take these matters to heart XIV That when in such manner as you ought you have performed that duty which you have so long owed to God and the King to your Country and Religion to the Christian Church in general and all mankind and amongst them to your selves and your posterity after you and when you have thereby done your part to disarm all the anger of the Presses and to silence all the clamor of Pulpits and put an effectual stop to a thousand new Invectives and ten thousand more Sermons preparing to incense the Protestant people against you i. e. when by such a publick Instrument or solemn Declaration and Religious Oath of the generality of your Nobles Ecclesiasticks and Gentry you shall have quite rendred unsignificant their I know not which more affrighting or bewitching Theme quite destroyed their Common place and no less effectually than clearly answered their only grand Objection against your Liberty viz. That of The inconsistence of the safety of a Protestant Prince or State or Kingdom or People with Liberty in the same Dominions given to Roman-Catholick Subjects and consequently when by doing so you shall have done your selves all the greatest right you can think of viz. you shall have conform'd to the inward dictates of a good Conscience wiped off from your holy Religion the outward scandal of most wicked Principles yielded to victorious Truth wheresoever you behold her and which is and must be consequential when you shall have thus after a tedious contest of above a hundred years advanced on your side the first considerable step to meet half way the Right Reverend Prelates and other learned Teachers of the Church of England in order to a happy reconciliation at last of the remaining differences then may you confidently expect from their side also i. e. from his most Gracious Majesty and the great Wisdom and Piety of both Houses of Parliament all that ease relaxation indulgence peace kindness love which by any men dissenting yet in so many other points from the Religion established by Law can be in reason expected even a Repeal at least of all the Sanguinary and Mulctative Laws For to expect an equality in all priviledges with those that are of the Protestant Church until God be pleased to bring you nearer them or them to you than in a meer profession how real and cordial and universal or comprehensive soever of Allegiance to the King in Temporal or Civil Affairs only I say till that day come which we pray for it will I believe seem unreasonable to your selves to expect that equality with them which they were not to expect of you if you had the power in your hands and they were in your condition How can they in reason expect so much favour as they now shew us if they retain any memory of former times and consider the now prevailing Party amongst us and Papal Constitutions even at this present governing that Party at least in relation to such as are reputed Hereticks or Schismaticks by the Consistory at Rome XV. That of those Ecclesiasticks who as the English Opposers of the Oath of Allegiance or the Irish Persecutors of the Loyal Remonstrance shall endeavour to persuade your continuing alwayes Rigid Papalins maugre Heaven and Earth and to stifle any motion or thought of giving a Protestant Prince or Parliament any more satisfaction in the principal point either of Consistence or Inconsistence c than your selves or your Predecessors have given hitherto some of them are naturally averse to the Crown of England and would be so though it were as entirely devoted now to the See of Rome as it was at Dover when King â—ohn laid it there at the Legat's feet others are daily expectants of Mitres and Titles and Bulls and Dignities from that City of Fortune others have already taken the Formal or Ceremonial possession of their now most Illustrious and most Reverend Lordships and these also have already at their Consecration
one tittle or any one action hitherto alledg'd against me as such other than what is in effect and substance my Assertion or Vindication of the Supreme Temporal Sovereignty of the Crowns of these Kingdoms i. e. of their being in all Temporals and all Contingencies whatsoever independent from any but God alone and therefore in Temporals no way dependent from the Pope either by divine or humane right Whether any person may on such ground call in question the sincerity of my believing or professing as I ought all the undoubted Articles of the Roman-Catholick Faith 3. And seeing there was never yet any other matter not even by my greatest Persecutors at any time objected articled oâ— pretended against me beside that i. e. besides my former opposing the Nuncio's Censures and my later promoting the Remonstrance and my endeavours in both against the pretences of the Roman Bishops to the Crowns of England Ireland Scotland c Whether it may in any wise be said or thought by unbyassed learned men That I have given any real ground for the vile detraction of those who treat me every way as if I had been a desertor of the Church 4. Nay Whether considering first The nature of those two grand Controversies wherein I have so freely engaged against all the power of the Roman Court abroad and all the endeavours of the Nuncio's Party and Antiremonstrant Clergy at home secondly The most grievous manifold and continual persecutions I suffered in both Causes one while by Suspensions and Deprivations another while by Excommunications then by Imprisonment in a Forreign Countrey even as far off as Spain and then again by new Thunders of Ecclesiastical Censures and by scandalous Declarations and posting of my Name besides other frequent enterprizes on several occasions against both my Liberty and Life thirdly My continuing constant in both Causes even all along to this very day even also then and that not only once happening when I had no support in this World but my own Conscience of suffering i. e. my own certain knowledge of my suffering onely for Righteousness sake nay then also when some of my chiefest Adversaries laboured with all their powerful malice even here at London to compel me and spared not to speak openly that either they would compel me to renounce the Roman-Catholick Church and declare my self an Heretick or they would make me submit to the Roman Court in the latter of these two Causes viz. that of the Loyal Remonstrance it being the onely matter then prosecuted against me fourthly Their failing nevertheless to this present in obtaining their will of me in either the one or other Whether I say considering all this whereof besides many men I am sure the All-seeing God is witness it be not more likely That no kind of prejudice against the Roman-Catholick Faith or Church but a true and powerful zeal according to knowledge for the primitive Christian purity of both is it that hath set me against those opinions and practices flowing in the corruption of latter Ages from the Roman Court which have shaken Religion divided Christendom and brought a scandal upon Faith as if it were to be supported or advanced by the wrath and rage of men by Rebellion and Slaughter by Subversion of Government and Confusion of the World so making it a ground of jealousie to Magistrates and diverting peaceable and charitable Souls from that union which ought to be amongst the Disciples of Christ 5. Also whether it may not by rational men be at least charitably believed That I would not so often at several times and upon several occasions since first I engag'd in either Controversie especially in the last have refused many Preferments in my own Order have rejected many tempting proffers too even of Episcopal dignity in my own Countrey have also particularly and lately in the National Synod or Congregation held at Dublin anno 1666 and that in publick before all the Fathers refused to yield by any means to their pressing offer not only of all the best Commendatory Letters that could be drawn on Paper in my behalf both to His Holiness Himself who then was and the Cardinal Patron and the Congregation de Propaganda and all other Ministers of the Roman Court as many as were concern'd in the Affairs of Ireland but also of a yearly and very considerable Salary too by general Applotment amounting as they esteemed or computed it in Three years to Two thousand pound English money and in lieu of all these offers have deliberately chosen to run the manifest hazard of undergoing and accordingly since to have in very deed undergone all the vexatious infamy of Ecclesiastical Censures in my own Church Order and Countrey and all the further Evils not only of some at least consequential hardships but of many black Calumnies many bitter Reproaches yea and some yet more inhumane Machinations of cruel men even here in England these four last years since 1669 Whether I say it may not by rational men be and be at least charitably believed That I would not have rejected freely all those tempting offers and in lieu of them voluntarily chosen to lie under all these Sufferings for any thing less than the keeping a good Conscience and the preserving the honour of Christian Catholicism untainted at least in some Priests and Religious men of the Roman-Catholick Religion in these Nations and the justifying my self and those of my way the few Irish constant Remonstrants with such others who communicate with them Loyal Subjects to our Prince the King of England and the winning also for the good of Catholicks in general upon His Majesties Councils Parliaments and all good Protestant people by our peaceable Conversation and Faithfulness amidst all our Sufferings from every side notwithstanding any difference from the Protestant Church in some few Articles of Religion Whereas such other Church-men of the Roman Communion as by their practises or principles have formerly shewn themselves and still appear to continue Enemies to the Supreme Temporal Government of these Kingdoms may in all reason expect the severest Laws to be edg'd against them by Authority under which it will be sad to suffer as evil doers 6. Lastly Whether it had not been very much for the advantage of Roman-Catholicks in general and their Religion in this Monarchy That these last hundred years they had been indoctrinated onely and wholly guided as to their Consciences by such Roman-Catholick Priests and Church-men as are of my principles in relation to the Temporal Powers independence from Rome and the indispensable obedience of Subjects in Civil matters and both the injustice and invalidity or nullity of Ecclesiastical Censures pronounced against either Prince or People or Priests for maintaining these not onely Rational but Christian Principles or asserting any of all their necessary Antecedents Consequents or Concomitants And now my Lords Fathers and Gentlemen to your impartial judgment on all and each of these Queries I do with due
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
unanimously in Tyr-Oen's Rebellion against the self-same heretical Queen as they call'd her not to mention here any way His Breve to Tyr-Owen himself (h) Dated in January the said year of His Popedom but of Christ 1601. And the Theological Judgment of the two famous Universities of Castile Salamanca and Valladolid (i) The former at Salamanca dated the second of February 1603. albeit the Jesuits Colledge there begun and Signed it before on the seventh of March 1602. the latter dated at Valadolid the eighth of March 1603. both justifying the lawfulness of Tyr-Oen and his Associates their taking Arms against the Queen and condemning as guilty of mortal sin all the other Roman-Catholick Irish that obeyed the Queen and fought against them for Her Majesty And the two several Breves of Paul V. (k) The first dated at St. Marks in Rome sub annulo Piscatoris x. Cal. Octob. 1606 and the second next year after which was the third of his Papacy dated likewise there at St. Marks on the 23d of August in the second and third year of His Papacy and both Breves directed to the Catholicks of England against the Oath of Allegiance made by King James in Parliament a little time before And lastly the other two several Breves of Vrban VIII (l) And that dated at St. Peters at Rome under the Signet of the Fisher May 30. 1626. whereof one was in like manner to the Catholicks of England exhorting them to lose their lives rather than be drawn to take noxium illud illicitum Anglicanae fidelitatis Juramentum quo non solum id agitur ut fides Regi servetur sed ut sacrum universae Ecclesiae sceptrum eripiatur Vicariis Dei omnipotentis c. that pernicious and unlawful Oath of Allegiance of England which His Predecessor of happy memory Paul V had condemned as such The other was that Bull or Breve of Plenary Indulgence (m) Dated 1643. May 25. given yet more lately to all the Roman-Catholicks of Ireland who had join'd in the Rebellion there begun in the year 1641 even that very Bull I mean which the Person of Quality objects in his Answer to P. W. Besides all these Publick Instruments and many more I omit of Paper and Parchment and Hands and Seals which are not denied nor can be on any sufficient ground witness in the second place all the no less unchristian than unhappy effects of these very Bulls Breves Judgments and Indulgences Particularly witness first the Rebellion of the Lincolnshire Twenty thousand men under that sturdy Monk Doctor Mackerel alias Captain Cobler and immediately after their suppression the much more terrible Insurrection of Forty thousand Yorkshire and other Northern men formed into a complete Army and even provided with a Train of Artillery calling themselves the Holy and Blessed Pilgrimage or the Pilgrimage of Grace and both Rebellions raised on pretence of Religion against Henry VIII (n) Two Rebellions in the year 1537. against Henry VIII Two more against King Edward VI. Several other in England and Ireland against Q. Elizabeth in the year 1537. Next those other two great Bodies of Northern and Western Roman-Catholick Zealots against his son King Edward VI and the latter marching into the Field with a Crucifix under a Canopy which instead of an Altar was set in a Cart accompanied with Crosses and Candlesticks and Banners and Holy Bread and Holy Water c. Then the unfortunate Earls of Northumberland and Westmerland with all their Adherents drawn so temerariously into the Field at Cliflord Moore not far from Wetherby in the West-riding of Yorkshire against their lawful Queen Elizabeth Then the Earls of Desmond Tyr-Oen Tyrconnel the Viscount Baltinglasse O Docharty and so many other Septs and Names as at several times Rebelled against Her in Ireland and from first to last continued there a long and doubtful War against Her Then the Invincible Armada (o) Spanish Invasion 1588. or Spanish Invasion in the memorable year 1588 besides those more private Plots of Parry Babington Savage Cullen Lopez Squire York and others to take away Her Life by Sword or Poyson Then against King James not only in Scotland (p) The armed Confederacy of several Earls in the year 1592. and while He was only King of Scotland the armed Confederacy of the Earls of Montrosse Bothwell Crawford Arrol Huntley Anguss the Lairds of Kinfawns of Fintrie and others in the year 1592 by the advice and at the sollicitation of the Jesuits Hay Creighton Abircrumby Tyrie but in England (q) Gunpowder-Treason Nov. 5. 1605. after coming to that Crown also both against Him and all the Three Estates of that Kingdom in Parliament assembled the most Execrable design of the Powder-plâ—t Traytors on the Fifth of November 1605 besides other Designs and less famed Contrivances formerly both in England and Scotland against His own Person Liberty and Life Lastly Under King Charles I of Glorious Memory the Universal Rebellion or Insurrection which you please to call it of all the Roman-Catholicks of Ireland (r) The Irish Rebellion 1641. a very few excepted against His said Maiesties Laws Authority and Deputies of that Kingdom in 1641 their Confederacy formed and War continued by them for so many years after and even Two several Peaces (s) The first Peace in the year 1646 and the second in the year 1648. with His Majesties LORD LIEUTENANT in that interim so scandalously violated by the prevailing Party amongst them To all which matters of Fact of both kinds relating only to the proper and even latter as well affairs as times of these Kingdoms of England Ireland and Scotland if we please to add the strictest Oath of Fidelity that can be imagined which all even our own Archbishops Bishops and Abbots do and must take at their Consecration that I may pass over now in silence not only the other Oath which all Beneficed Church-men whatsoever that have Collation or Institution by Bull from His Holiness nay all graduated Lawyers and Physitians do likewise take but also the false and yet both practical and general interpretation of the solemn vow of Obedience which all even our very Regulars do make there can be nothing more desired to shew That we need not go higher up than our own Dayes and our Fathers nor farther off than the peculiar Concerns of these very Nations to instance both manifestly and abundantly such practises as in all respects are answerable to the very worst of those Principles to which they relate VIII That notwithstanding the great multitude of Roman-Catholick Writers and greater authority of other Patrons of the same Church viz. the Roman Bishops themselves commonly these last 600 years maintaining even the very highest Enormities of the now related both Principles and Practises yet even continually since the very first time that any 〈◊〉 in those Principles or any lawfulness in those Practices hath been asserted either by Pope Hildebrand Himself
submission most heartily and freely appeal That you may determine for what concerns you of the truth or falsity likelihood or unlikelihood of that worst of Scandals viz. Desertion of my Order and Religion wherewith I have been frequently asperst on several occasions as in former times even Twenty years ago by some of the Nuncio's Faction so of late during all these four last years by others of the Anti-remonstrants especially by some Church-men who so little consider their holy Function that they seem to have lost all regard to Truth and Honesty and do not boggle at the shame of being daily found in manifest Forgeries so they may but do their work to serve themselves by it or to rid out of their way any person who they fear may obstruct their ambition i. e. their design of confounding all again if they alone cannot otherwise command all Onely I shall further beg as to this matter that before you determine of it you would be pleased to read over these following Appendages First Appendage relating to the Fourth Querie That in regard of the times places and occasions I lived in and employments I had and Books and persons I conversed with of every side and my own both curiosity and concern to understand matters aright and to see into their genuine causes I may without vanity say of my self That I have had more than common opportunities to know the Doctrines and Practises of the Roman Court what they are and how hurtful how pernicious to these Kingdoms and to the Roman-Catholick Religion And that ever since I came to see into these things at least ever since I gave my self to a serious and full consideration of those principles and wayes which was about Twenty seven years since upon occasion given me by that Faction I have most heartily abhor'd and at all times and upon all occasions protested against them and the more I have known of them still the more I have seen cause to detest and to protest against them as I do at this day Second Appendage relating to the Fifth Querie That I can and do appeal to God Himelf That next after the regard of not wounding mortally my own Conscience by a manifest desertion of Truth and equivalent profession of such Errours as I know certainly to be against the Doctrine of the Catholick Church and Gospel of Christ the chiefest motive I had for bearing up constantly so long a time against all Censures Precepts Monitories Denunciations Affixions Decrees and other grievous concomitant Persecutions in the often mention'd Cause of the Loyal Formulary was the regard of not doing you all the Roman-Catholicks of His Majesties Three Kingdoms the greatest injury that I could possibly do you or perhaps any man of my degree by confessing the grand Objection against you to be insoluble For I saw clearly That if either the temptation of preferment to Offices and Dignities or the tryal of punishment by Censures and Calumnies and all their Consequents at the pleasure of some Grandees at Rome should have had that influence on me as to make me in effect absolutely to renounce my Allegiance to the King by retracting the Subscription of my hand to that Instrument professing it in meer Temporal things onely the Argument thence derivable must have been obvious to any judicious knowing Protestant inclin'd to do you a prejudice as soon and as often as the Parliament sate and were moved in your Concerns Such an Argument I mean as urged home by a good Orator would even before indifferent Judges give much colour to that grand Objection viz. The inconsistence in these Nations 'twixt the safety of a Protestant Government and the giving of Liberty to Roman-Catholicks by repealing the penal Laws yet in force against them In substance it would have been alledg'd That the Roman-Catholicks at least for the generality of them would be alwayes right or wrong directed by their Priests That their Priests are most of them on the Popes side in this Controversie And if any of them be so hardy to oppose his usurpations there is no trusting of them for there is no reason to expect that any of them will stand to his principles and hold out For Example they might have instanced in unworthy me if I had fallen off after so long and such manifold tryals of my constancy for Twenty years past and after so many and so great obligations to persevere until the end of my life This and much more would in all probability I am sure might in all reason be alledg'd to make that great Objection hold against you had I hitherto submitted to the dictates or pleasure of the Roman Court in either Cause But it is not my business here to open more at large or press more home this Argument with all the aggravating circumstances both such as are fresh in memory and such as might be derived from the memory of former times My purpose was to hint it onely as believing this enough to shew you the reasonableness of that second Motive I had for holding out so constantly in such a Cause and in the very manner I did all along against so numerous and so dangerous Adversaries especially seeing that very manner of my holding out so or of defending my self the best I could against them was and is authorized not only by the Divine Laws of Nature and Christianity but also most expresly and clearly by the positive Constitutions of men even of Roman-Catholicks viz. the fundamental Laws of England and Ireland not to speak now of other Catholick Nations of Europe so many Hundred years since Enacted by the Roman-Catholick Princes and Parliaments of these Kingdoms against all Forreign Citations or Summons from a Forreign Power beyond the Seas and also the Ecclesiastical Canons of the Catholick Church throughout the World nay of the very Papal Canons themselves forbidding in express terms Judicia Vltramarina (a) Vid. S. Cyprian Epist 55. ibi Statutum esse omnibus nobis c. Concil Affrican Episcop 217. inter quos Divus Augustinus erat Can. 92. relatum pariter in Cad Can. Eccles Affric Can. 125. Synod ad Coelest Item 3. q. 6. haecce capita viz. Ibi. Vltra Si quis Clericus Peregrina Qui crimen q. 9. cap. Nec extra Item cap. Nonnulli de Rescrip Item Stat. General Barchinonensia Ord. Min. cap. 6. §. 1. num 1. 2. ubi Patres rationem habent illius naturalis Canonum aequitatis and expresly decreeing against many other special Injustices and Nullities on other grounds in the late procedure against me (b) If you would see more Quotations both of the Canon and Civil Law against every particular Injustice committed in Summoning me to appear beyond Seas and which do justifie in all respects my procedure in not obeying such Summons you may consult my Latin Epistle to Harold pag. 6 7. besides my Latin Hibernica Third Part and you will find a very great abundance of the
Procurator and his maintaining or asserting The Diffusive Church onely to be Infallible proved false 69 c. Their fourth Allegation in the same manner proved false 76. Their other impertinent or unconcluding Allegations considered but more especially at large their example or precedent of Mattathias and the Maccabees against Antiochus 79 c. Their Latin Postscript considered 83. Three several Formularies of a profession of Allegiance made by them and a fourth offered 85 86 87. The Provincial and Diffinitory of the Franciscans dealt with at Multifernan by the Procurator to Sign the Remonstrance delay and why 69 90. They before with some others disclaimed the Remonstrance by a Publick Instrument and sent an Agent to Flanders to get it condemn'd 91. Nevertheless Father Antony O Docharty Provincial of the Franciscans gives privately under his hand to the Procurator a Paper of Permission for those of his Order to subscribe the Remonstrance and approves it himself in his Letter to the Duke of Ormond Lord Lieutenant 93. And yet he carried not himself in that matter of the Remonstrance or approbation of it either before or after in any wise candidly or sincerely much less constantly ib. Nobility and Gentry at Dublin Sign the Remonstrance and write to all the Counties of Ireland to invite them to a concurrence 95 96. The Lord Lieutenant countermands the sending about any of the many Duplicats of this Circular Letter and why 97. Gentry of the County of Wexford and Citizens of that Town Sign the Remonstrance Pag. 98 c. Censure and Condemnation of the Remonstrance by the Faculty of Divines at Louain 102. Letter of Father James de Riddere a Dutch-man and Commissary General over the Franciscan Order in the Provinces as well of the Low-Countries and some of those of Upper Germany as those of England Ireland Scotland Denmark to Father Redmund Caron Citing him and the rest of the Irish Franciscan Subscribers of the Remonstrance to appear at Rome or Bruxels 104. Father Caron's brief Reply from London 105. Father Walsh the Procurator's more diffuse Reply expostulating the case with the said Commissary at large out of the Canons and Reason 106. from thence to 115. The said Commissary General 's brief Answer to the Procurator 115. Act of a National Congregation of Forreign Franciscans but wherein nevertheless were present Representatives for the Franciscan Provinces of England and Ireland against the Irish Franciscan Subscribers of the Remonstrance and the same Act kept private 116. The four grounds of the Louain Censure 117. Answer to the first of them 118. To the second 119. To the third 124. To the fourth 143. and from thence to 436. Seal of Confession to a Priest in what cases and how far binding treated of at large from 124 to 142. Ecclesiastical Immunity or the Exemption of Ecclesiasticks from the Coercive Lawful and Christian Authority of the Supreme Civil Magistrate not to be proved either by Divine Law Positive 148. Or from the Divine Law Natural i. e. Law of Nature 163. Or from the Civil Law 182. Or from the Canon Law 195. That 't is in the power either of Pope or Church to grant such Exemption not probable by Reason 217. No such Exemption de facto made by any Pope 230. On the contrary That the Clergy is not exempted from the very coercive power of the Supreme Temporal even Lay-Magistrate proved first by Theological Arguments 243. Next by Holy Scripture 272. Then by the interpretation or sense of the same Holy Scripture as delivered by the Holy Fathers even Popes themselves in their Commentaries 300. In the fourth place by the practice as well of Holy Popes as of other Holy Fathers 314. In the fifth by the practice consequently of Christian Princes 345. Lastly by the very Canons even Papal of the Catholick Church 364. Remaining Objections answerâ—d 374. The Doctrine of Marsilius de Padua and Joannes de Janduno examined at large and compared c. 375. and from thence to 399 though this latter page be Printed falsely and 379 put instead of 399. The great Argument for the Exemption of Ecclesiastical persons c. derived from St. Thomas of Canterbury â—s opposition to King Henry II and from his Martyrdom c. treated at large from 399 to 436. The sixteen Customs or Laws opposed by that Holy man 407 408 409. The ancient municipal Laws of England concerning the punishment of Church-men for Murder Felony c viz. the Laws of the Saxon Danish and Norman Kings before Henry II or those of Inas Alured Ethelred Edgar Edmund Guthrun Ethelstan Canutus S. Edward William the Conqueror Henry I and King Stephen 414 415 416 417. Four several Answers to the foresaid grand Argument The First of them 418. Second 424. Third 430. Fourth Pag. 431. The Author relies or onely or principally on the two first Answers 431. St. Thomas of Canterbury why justly esteemed a Martyr 418 and from thence to 431. The heighth and amplitude of Exemption for Clerks i. e. Church-men in England formerly And it no less complain'd of 436. Contemporary Authors of good Repute condemn St. Thomas of Canterbury 433 434. St. Thomas of Canterbury vindicated from Treason 437. and from thence to 462. The LXXVII Section out of all the former Thirteen or Fourteen Sections upon or concerning Ecclesiastical Immunity infers the final conclusion of all and consequently and very particularly justifies the Irish Remonstrance of the year 1661 against the Louain Censure by four several Arguments or Syllogisms 463 and from thence to 487. Return to the relation of pure matter of Fact 488. Paper given by Gerrot Moor Esq to the Lord Lieutenant 489. A second Paper given by Patrick Daly Vicar-General of Ardmagh 490. A third Paper given by James Dempsy Vicar-Apostolical of Dublin and Capitulary of Kildare 492. Five Reasons why the Anti-remonstrants grew very insolent about June 1644. 493. A Proclamation issued by the Lord Deputy together with another accident allayes their Insolence 494. Two Letters the one from the Provincial the other from the Diffinitory of the Franciscans sitting at Multifernan to the Procurator 498. Their Letter to the Belgick Commissary General 499. The Procurator's Letter to the said Commissary 500. Cardinal Francis Barberin's Letter and Memorial therein inclosed to the said Commissary against the Procurator Father Caron and rest of the Franciscan Remonstrants with the same Commissaries Answer to the Cardinal 505 506. That Commissaries Letter answering Sir Patrick O Moledy 509. Internuncio de Vecchiis Conference with and verbal Message by Father Gearnon to Caron and Walsh 510. The Procurator's Conference at London with the said Belgick Apostolical Internuncius Hieronymus de Vecchiis 511. The same Internuncio 's Letter to Father Matthew Duff alias Lyons 513. His Letter also to Father Bonaventure O Bruodin 515. Observations on the Letters of de Vecchiis and other Roman-Ministers 516. The three Negative Articles of England with the Roman-Catholick Subscribers both Lay-men and Church-men 522 523. Doctor
as well with His Grace as with His Majestie and His Majesties other great Ministers and for the rest of the Catholick people of Ireland that ease and connivence he could for what concerned the exercise of their Religion Nor onely that but as occasion offered by writing and printing and exhibiting to His Majestie Lord Lieutenant of Ireland Lord Chancellour of England and other great Ministers of State several papers and books in Print and otherwise of his own labours to move the performance of the Peace of 48. to the Catholicks of Ireland and to mind His Majestie of his justice to Innocents and of His mercy to Nocents But in the first place laboured opportunely and importunely till he prevailed at last to get all the great number of Priests released which had been in several places and Provinces of Ireland in restraint about six-score of them and a great many for several years before His Majesties happy Restauration Wherein he was so impartial to all that although he was offered several times the release of such of those Priests as he would pass his word for that they had been honest all along in the Royal cause during the late difference betwixt the Confederats of Ireland yet he modestly and patiently declined that savour and let those his own special friends suffer with the rest until His Majesties Gracious condescension and my Lord Lieutenants goodness looked indifferently upon them all with an eye of compassion and mercy upon hopes given His Majesty that they would all prove faithful Subjects evermore II. The year 60. and 61. being passed over till the winter came and the hopes of Roman Catholicks for what was moved in their behalf in the House of Lords at Westminster concerning the repeal of laws against them at least and in the first place of those are called Sanguinary being blasted in the bud and the example of the late Irish Rebellion and breach of both peaces in 46. and 48. by some or many of those of that Religion and Nation having besides other arguments and intrigues being made use of against such as moved for such repeal and the Parliament of England being adjourned or prorogued and that of Ireland then under the Lords Justices the Chancellour the Earls of Orrery and Montrath sitting and a great plott amongst the Irish Catholicks so falsly imposed upon them grounded on the no less false and vain pretence of a letter sent by one Priest to an other but contrived onely by a perfidious fanatick impostour as appeared soon after and that Parliament of Ireland however and Lords Justices upon this ground proceeding with strange and new severity against both Clergie and Layety of that Religion and some few of the Catholick Gentry and Clergie consulting together at Dublin of a remedy Sir Richard Barnewal Richard Beling Esq Thomas Tyrrel Esq Oliver Dese Vicar general of Meath Father James Fitz Simons Guardian of the Franciscans at Dublin and others it was resolved upon at last to Remonstrate their condition to His Majestie and Petition his just and merciful regard of them that suffered so unjustly Which accordingly the said Mr. Beling drew in the name of the Catholick Clergie of Ireland Because the design was chiefly imposed on them and upon their account the Layety suffered But forasmuch as he considered that a bare Remonstrance of their sufferings or a bare Petition of redress could not much avail a people that lately had acted as they had done in obedience to the Nuncio both he and the rest of those gentlemen with whom he consulted found it necessary by a Solemn Declaration of their principles in point of obedience in temporal things to obstruct the grand objection of The inconsistency of Catholick Religion and of a tolleration of it with the safety of a Protestant Prince or State Which was the reason that one of those Gentlemen remembring they had lately seen a printed Declaration of the Catholicks of England in their name exhibited in a long Petition to the Parliament at Westminster a little before or in the beginning of the commotions of those Kingdoms about the year 1640. and lighting on the book after diligent search wherein they had read it which is that of Father Cressy an English man and a Benedictine Monke sometime before Protestant Dean of Leighlin in Ireland entituled his Exomologesis or the motives of his conversion to the Catholick Church and having brought it to Mr. Beling he judging it very proper for the present matter and purpose of the Catholicks and Clergy of Ireland and much pleased to have such a precedent as that of men so learned and wary as the Catholicks of England for a business or Declaration of that kind extracted it word by word out of the said book pag 76. 77. and 78. Paris impression without any other change but of the Application to the King instead of the Parliament and of Ireland instead of England and inserted it in that Remonstrance which he then drew for his own Countrymen Which although it hath been often already and in several pieces of mine published in Print yet forasmuch as it was that which occasioned this general Congregation at Dublin of the said Irish Clergie in 66. five years after it was in their names exhibited to His Majestie at London and because peradventure many would consider the tenour of it when they come to read this present Treatise and other Treatises following to free them of a trouble to looke after those other pieces wherein it is I have thought fit to give them it here again to their hand To the KINGS most Excellent Majesty The humble Remonstrance Acknowledgement Protestation and Petition of the Roman Catholick Clergy of Ireland YOur Majesties faithful Subjects the Roman Catholick Clergy of your Majesties Kingdom of Ireland do most humbly Represent this their present state and deplorable Condition That being intrusted by the undispensable Commission of the King of Kings with the cure of Souls and the care of their Flocks in order to the Administration of Sacraments and Teaching the People that perfect obedience which for Conscience sake they are bound to pay to your Majesties Commands they are loaden with Calumnies and persecuted with Severity That being obliged by the Allegiance they owe and ought to swear unto your Majesty To reveal all conspiracies and practices against your Person and Royal Authority that come to their knowledge they are themselves clamour'd against as Conspirators plotting the destruction of the English among them without any ground that may give the least colour to so foul a crime to pass for probable in the judgment of any indifferent person That their Crimes are as numerous and divers as are the Inventions of their Adversaries and because they cannot with freedom appear to justifie their Innocency all the fictions and allegations against them are received as undoubted verities and which is yet more mischievous the Laity upon whose Consciences the character of Priesthood gives them an influence suffer
excuse their great dependence from the Ordinaries and Secular Clergy as to their future admission to the respective Districts or Diocesses and their establishment for houses in the Countrey Besides that they were but a very few and inconsiderable in respect of others That however their judgment affection or extraction lead them yet this cause alone might be sufficient for their excuse not to subscribe without encouragment by example from the Ordinaries And yet it is very well known that several of them as likewise of the other more ancient Orders laboured earnestly and mightily that there should be no such encouragment or example at all from Ordinaries or any other Whereof the reason is very obvious Because the later any religious Institution is and the newer in any Catholick Countrey the greater dependence it must have and the more support it wants from Rome Which those three last Orders amongst us were so far from putting to any hazard to be lost by subscription that they would assure themselves of it more and more by the greatest opposition they could make in favour of all pretences for the holy See and thereby also be sure to continue their yearly pensions of Missionaries such of them I mean as are pensionaries upon the account of mission as several are 9. That above all the Jesuits yet more particularly found themselves concern'd on this particular account that so many great and famous Writers of their Society and by consequence the whole Society it self had been all along these fourscore years at least throughly engaged to maintain the contrary doctrine and practises 10. That on the other side the Secular Clergy pretended there was no signing for themselves before the Regulars concurr'd who as being commonly the best Divines and Preachers and many in number and changeable from County to County and from one Diocess and Province to another at their Superiours will and in most parts in greater esteem with the lay people then the Secular Clergy would if not concurring with them cast such an aspersion on them as would be able to render them infamous and contemptible amongst their own Parishioners upon account of so specious a pretence amongst ignorant people as the renouncing the Papal power and acknowledging the King to be Supream Head of the Church would amount unto For so many and very many too of both Secular and Regular Clergy gave out to the common sort against their own knowledge and conscience the Subscribers mean'd and did by that Remonstrance of 61. representing it as the same thing with the Oath of Supremacy which Roman Catholicks generally have refused this hundred years and therefore lay under so many incapacities and other penalties Nay some of those Clergy-men did not stick to say and swear too they would sooner take the Oath of Supremacy than subscribe that Remonstrance And yet it is very clear those Gentlemen understand neither or if they do either that certainly they are out as to both in their explications of them as far as from East to West For in the sense wherein the sons of the Protestant Churches of England and Ireland take the Oath of Supremacy they acknowledge no spiritual Supremacy purely such or any such spiritual Headship or supream Government-ship in the King in any causes or things what soever even temporal so far are they from acknowledging such in causes or things Ecclesiastical or Spiritual not even in those which are by extrinsecal denomination only called Ecclesiastical or Spiritual but only a Supream Politick Civil or Temporal Head-ship or Government-ship in all things whatsoever by the power of the material Sword and this of this Sword over all persons generally as well Church-men as others Which sense is very Catholick and owned in relation to their Kings and 〈…〉 temporal Governours by all Catholicks in France Spain Germany Poland Italy 〈◊〉 wheresoever in the world Nor do they intend to deny by the 〈◊〉 Oath in the negative â—â—me any power purely spiritual to the Pope or other even 〈◊〉 Prelate 〈◊〉 that power only which 〈…〉 â—â—â—â—ugnant to that supâ—â—â—◠〈◊〉 temporal or politick Government-ship be not said to be such as indeed it cannot justly And on the other side it is plain the Remonstrance o◠〈…〉 not a word or clause either defectâ—â—◠〈◊〉 directly or by any kind of consequence importing the 〈◊〉 wherein the Roman Catholicke have refused â—â—therto the â—â—nd Oath of Supremacy 〈◊〉 this sense is no other than 〈…〉 by the universality of the words or signs 〈◊〉 the affirmative and negative 〈◊〉 the Roman Catholick Vulgar understands ever also a spiritual Privacy or Supremacy purely such to be attributed to the King and denied to the Pope and other Bishops in those Dominions albeit this sense be plainly repugnant to the very Confession of Faith in the 〈◊〉 articles of the Prâ—â—estâ—â—â— Church England and Ireland and to those others of Queen Elizabeth in her Injuctions authorized and owned even by Parliament Now it is no less manifest and out of all controversie amongst such as do but even lead singly over the Protestation of 61. that there us not a word in it 〈◊〉 â—biâ—â—ting any such to the King or denying it to the Pope or intending at all any such thing nor indeed any thing else but what is allowed and approved by the doctrine and practice of all the Catholick world abroad iâ— peradventure the present Roman Court not the Roman Church be not excepted and the few sticklers for it although against the sense and inclination of all the wise and moderate Popes even I mean too such as governed that See in these latter times But however this be or be not such was the pretence of many for not concurring by their subscriptions albeit they confess'd withal the Remonstrance very catholick in it self And for this pretence or the scandal raised against the Remonstrance of renouncing the Pope or importing the same with the Oath of Supremacy besides the malicious or wilful stumbling of some at one word in it not construed or taken with the words immediatly following restraining that word as all men of never so little reason or sense must allow it ought to be I know not but the reprinting of the single sheet of that Remonstrance at London by some of purpose to gain by selling it when all the first Edition was immediately bought and the reprinting of it with a false Title cryed and sold so up and down the Streets which false Title imported the renouncing of the Pope by the Popish Clergy of Ireland whether I say this occasioned not at first that aspersion amongst some ignorant people I know not though I am sure it could not amongst the Clergy on Layety either that read the paper it self or what was therein contained 11. That some also of the leading men had a special pick to it only because advanced by the Procurator by whose means they would not even desire the freest exercise of their Religion because he had been all
them as he knowes would otherwise endeavour to do me ill Offices at Rome and render me the more unservicable there and at home after to His Majestie and your Grace I confess My Lord this reservedness argues some weakness or fearfulness in me and yet I cannot help it otherwise at present or until at least we have some further certainty of the Popes silence then we have yet then by assuring your Grace in the faith of a Christian that I will during life observe most religiously in the whole latitude words and sence of it according to the explication of the Author unto me that Protestation And indeed my Lord I can assure your Grace further that it is no new Iudgement nor new affection of my Soul that works in me now but that which I have had these many years past been very much inclined to and which moreover the sufferings of my Predecessors and unfortunate family I am of ever since Henry the 8. for the Crown of England hath in some measure made natural to me For the rest my Lord I have begd of the bearer that he would from time to time let me know your Graces pleasure and Commands and let your Grace know that I will have all those under my charge as farr as I can have power with them to continue their devotions and vowes to God for his most Sacred Majesty and your Grace and that whatever others do I will ever joyn with such as are most devoted to your Grace as My Lord your Graces Most faithful most obsequious and most affectionate Servant Anthony Docharty Minister Provincial of the Franciscans This letter I thought fit to insert because the said late Provincial of the Franciscans for now he is out of his Office carried not himself as to that matter of the Remonstrance either before or after the said letter so candidly and sincerely as would become a person of his place For he notwithstanding all his wariness being suspected by many that he had subscribed and demanded by them whether he had would never own any such thing that I may say no more and thereby rendred his said concurrence altogether unsignificant as to any use could be made thereof His denyal was grounded I suppose hereon that he had not subscribed the individual paper of the original Remonstrance which most others had And peradventure this equivocation had been harmless if it had stayed there or there were not further ill consequences of such equivocation But it was otherwise as his end in both subscribing and denying was for his own private concerns without any regard of the publick and was only to save his own stake with both sides however were a looser Yet this much I will say for him that after this he writt earnestly over Seas to hinder all he could any censures or proceedings against the Subscribers albeit in some of his letters to that purpose he condemned them himself Nor indeed was it agreable to his purpose of dissembing with both parties to do other haveing been himself the principal in sending before the above named Father Iohn Brady to procure censures against the Remonstrance in it self and by consequence against the first publick and printed Subscribers of it And he could not but know that in all likelyhood he had done his worke by that time as indeed he did all he could do However this be I think it not amiss to mind those Franciscan Fathers of that meeting at Multiferum of their unreasonable obstinacy when they remember the following letter of His Grace to the Procuratour as he was on his journey thether which they themselves there did both see and read the Procuratour having so thought fit to answer their pretence of not subscribing on this account That they were not yet satisfied His Majesty or Lord Lieutenant expected any such matter from them but on the contrary were told it was only the Procuratours desire and worke to engage others as deep as himself for his own sake only or to bring himself off the better at Rome by the multitude concurring with him For Mr. Peter Walsh Sir Dublin 26. Jan. 1662. COnsidering how well His Majesty received the Subscriptions to the Protestation presented to him in England I do a little wonder that the example hath not been more readily and frequently followed here than for ought I can hear from you it hath been I have no end in wishing it should than that those of loyal and peaceable dispositions may thereby be distinguished from others for their own advantage Yet any prudent person will believe the Subscribers are more like to find it than the Refusers I desire to know who have already subscribed since your arrival in this Kingdom and who have refused to subscribe And so I rest Your very affectionate Friend Ormonde XLIII Soon after the Procurator had return'd to Dublin from this meeting at Multifernan and the Bishop of Meath Anthony Mageoghegan led wholy by those Fathers had on pretence of the sharpness of the season excused himself by Letter from another meeting with him in his return and when he considered there was no more to be done with or expected from the Generality of the Irish Church-men at least for some time or until they had a general Congeregation by advice of some persons of quality he desired the prime Noblemen and Gentlemen then at Dublin and who had not been at London when the Remonstrance was agitated and subscribed there by such as at that time were there to meet at my Lord Clanriâ—kards of purpose to receive satisfaction in that business whereof there was so much talk amongst all people and to discharge their own duty what ever the Ecclesiasticks did Being met the Lord Birmingham as a most rational and most candid person obiected all he had from others to the Procurator as if all had proceeded from him only But the Earl of Tirconel being present as he was most instrumental both in this meeting and in so many others held at London formerly about the Remonstrance to forward it cleared the Procurator fully for what was done at London declaring that the concurrence of the Nobility and Gentry was wholly and solely their own act originally mentioned by the Earls of Glancarty Carlingford and himself and seconded in very good earnest home by the Earl of Inchiquin some English Catholick Noblemen having of purpose come to their meeting where they declared the joynt approbation of the Catholicks of England and that were the case of the Irish theirs they would most freely and heartily subscribe that very individual Remonstrance with the Preamble and Petition without any change And for the Procurators endeavours to perswade the Clergy in Ireland since his arrival the above Letter of His Grace produced there to my Lord Birmingham and the â—eâ—â— did satisfie them no less fully that he did herein but what he ought and was his Majesties and Lord Lieutenants desire and was both expediâ—â—â— and necessary for all concern'd
at the meeting at London which was before that of Clarendon or Northampton So that as Baronius or Spondanus out of him or both say it was to excuse his own King that Neubrigensis fixes on this of our holy Archbishops denyal to deliver to legal punishment those criminal Clerks as on the onely cause of the following tragedy being it was so specious a cause on the Kings side to quarrel with the Archbishop even so I cannot but say that I think these two great Annalists have of purpose albeit without sufficient ground contradicted Neubrigensis to excuse the Saint even also in this very particular instance as well as in all other of the difference being such a demand must appear to most men on first sight to be but very just on the Kings side and consequently that the denyal of it must on the Archbishops side appear to the same men at least too too rigid if not unjust as to the matter in it self though I for my own part verely believe the Saint apprehended it farr otherwise nay am certain he did as I am also at least very probably perswaded that he apprehended it so upon very just grounds and very true even in themselves objectively But however this matter be of the sole cause and because it is not much material to my main purpose whether of the two Neubrigensis or Baronius out of those other Authors speaks most exactly of that or if it be any way or in any degree material that surely Baronius's observation of others causes to have proceeded must be for me and though to help Neubrigensis as likewise to illustrate the matter in it self a little more I can add Hoveden ad an 1163. where he writes thus Eodem anno gravis discordia orta est inter Regem Angliae Thomam Cantuariensem Archiepiscopum de Ecclesiasticis dignitatibus quas idem Rex Anglorum tuebare minuere conâ—batur Archiepiscopus ille leges dignitates Ecclesiasticas modis omnibus illibatas conservare nitebatur Rex enim volebat praesbyteros diaconos subdiaconos alios Ecclesiae Rectores si comprehensi fuissent in latrocinio vel muâ—dra vel felonia vel iniqua combustione vel in his similibus ducere ad secuâ—ariâ— examina punire sicut laicum Contra quod Archiepiscopus dicebat quod si clericus insacris ordinibus constitutus vel quilibet alius Rector Ecclesiae calumniatus fuerit de aliqua re per viros Ecclesiasticos in curia Ecclesiastica debet judicari si convictus fuerit ordines suos amittere sic alienatus ab efficio Beneficio Ecclesiastico si postea fâ—ris fecerit secundum voluntatem Regis Bailivorum suorum judicetur therefore now Secondly you are to observe the progress of this great jealousy of the Kings whatever the sole first cause of it was and you are to observe it also out of Baronius who takes it from Robertus or Heribertus one of the said four Authors of the Acts viz that in the same year of Christ 1163. the same King Henry the Second being mightily incensed against our holy Archbishop of Canterbury and convening at London both him and rest of the Bishops of England and urging vehemently that such criminal Clerks as those before mentioned should after canonical punishment inflicted on them in the Ecclesiastical Court be delivered nevertheless to the secular Court our said holy Archbishop and not he alone but all the other Bishops unanimously and flatly refused to do so That hereupon the King being wholly enraged as seeing them all to a man so unanimous against him in that point demanding of them whether they would observe his royal customs consuetudines suas Regias they all having first consulted together and every one apart being demanded so apart answered they would with this caution Salvo ordine suo That when the King urged them to promise absolutely that they would without any such caution onely Thomas answered that when they had formerly sworn allegiance and fidelity to him Vitam scilicet membrum honorem terrenum salvo ordine suo in this earthly Honour the Royal customs were comprehended and that they would not oblige themselves in any other form to their observance then in that wherein they had formerly sworn That although Hilary Bishop of Chester seeing the King more and more incensed vehemently by reason of such their unanimous answer did without advising with the rest change that contentious caution into these other two words bona fide promising that himself would observe the Royal customs bona fide yet the King was nothing at all appeased but rejected him also with contumely and after many altercations departed full of anger and indignation from London without saluting any one of all the Bishops That matters continueing thus for some time next year after which was 1164. Thomas of Canterbury being much importuned by the reasons and desires of many Bishops and Abbots to conform himself in the controverted point to the Kings pleasure one of the Abbots having also told him that Pope Alexander himself when he had heard of these altercations had given way to and licenced such their conformity Thomas I say being perswaded at last by such arguments accoasted the King and promised him that he would alter the word or the caution which gave so much offence to His Majesty in that which related to his Royal customs or to the form of their oath for observing those customs That the King being hereby somewhat appeased and withal desirous that such alteration should be made publickly in Parliament or in a general Assembly of all the three Estates summon'd the same three Estates Lords spiritual Temporal and Commons or Magistrates as Baronius calls them to meet at Clarendon this very year 1164. and upon the thirtyth of Jan. That this great Assembly being sate and the King urging the performance of what was so promised Thomas apprehending again mightily that such performance might prejudice Ecclesiastical Immunity fell back from his promise nor could ever be brought on to it again or to acquiesce to the King either by any threatnings or by any blandishments of his untill at last moved by the continual intreaties prayers geniculations tears of as well the Bishops as of others of the Clergie and Nobility and by the present danger of prison banishment death represented by them to him he chose rather sayes Baronius to obey them then him that is he chose rather to be perswaded by them then by him and however this be acquiesced at last and first of all and in the presence of all the Bishops and whole Parliament swore to observe the Royal customs bona fide omitting and suppressing the contentious caution or words Salvo ordine and that immediatly after him all and singular the other Bishops every one a part for himself took the same oath and in the very self same tearms or form And you are to observe here how Roger Hoveden a
contemporary English man though Latin Writer and who might therefore have known the truth and was most likely to have writ but what he thought was the truth especially in a matter of such consequence being he is reputed to be a sincere Historian and as such quoted often by Baronius himself tels us in his Annals that S. Thomas and the other Bishops had Pope Alexander's consent to swear in that form however Baronius deny it for this reason forsooth that Alexander being some time after this accoasted by S. Thomas when he fled out of England and presented with the heads of those were called the Royal customs did soundly check him for ever having upon any tearms sworn to observe them That after this Parliament or great Council of Clarendon was broke up and upon S. Thomas his departure from the Court there it happening sayes Baronius out of a certain Supplement annexed to the Acts of S. Thomas that he was grievously rebuked by his Cross-bearer as having by such his carriage and oath betrayed the libertyes of the Church the Saint immediatly and most deeply sigh'd repenting what he did therein and presently also dispatch'd an express to Alexander craving an absolution and purposing in the mean while to abstain from all both Pontifical and sacerdotal office and ministery and that to his letter the Pope return'd him an other full of comfort whereby also after commanding him to confess his sins to a discreet Priest he absolved him from the said oath That when the King had heard how the Archbishop fell off the second time and refused to sign and seal the agreement of Clarendon according as it was there also agreed that he should sign and seal it nay and that he refused to stand at all to his oath whether seal'd or not seal'd being much more bitterly exasperated then ever he sent Embassadours to Alexander and to desire particularly two things of him viz. 1. that the Legantine Power Apostolick used to be entrusted to the Archbishop of Canterbury should be given for the time to the Archbishop of York and that his own Holyness would be pleased to confirm the foresaid Royal customs That Alexander upon this embassy finding himself in streights on each side that is on the point either of alienating for ever from himself that Kings good affections to whom nevertheless he owed so much for benefits receaved formerly on of granting his desire to the prejudice of the Church or Church liberty thought fit to use this mean for saving all viz. to bestow that Legantine power on the Archbishop of York whereby to satisfie the King in some degree and yet to deny him the confirmation of those Royal customs that the Church might not suffer writing withall at the same time to the Archbishop of Canterbury our S. Thomas and exhorting him earnestly that by all means he should endeavour to observe and please the King always and in all things Salva honestate Ecclesiastici â—rdinâ— That in a conjuncture wherein by other letters of a later date this Pope Alexander had restrained so that Legantine power of the Archbishop of York that he should have no power at all over Thomas of Canterbury's person or Diocess or to exempt the Suffragans of Canterbury from obeying him still as their own proper Metropolitan in all Metropolitical rights thereby frustrated the Kings great design in desiring that Legation for York being this design was no other but to get Thomas canonically deposed wherein the King being therefore in earnest angry even with the Pope himself had rendered the said Legaâ—tine Commission useless to all other lesser purposes now that the Pope had so rendred it to the said great purpose that I say in this conjuncture Thomas of Canterbury with the rest of the Bishops being called by the King to Northampton to give aâ— account of the revenues of the vacant Churches which he had while he was Chancellour administred and being accordingly brought to a strict account of these revenews and after demanding the advice of the rest of the Bishops when he had heard most of them advising that either he should renounce and give up his Archbishoprick or obey the King in all things having desired time to consider till next day and having also early on that next day celebrated the Mass of St. Stephen the Protomartyr as preparing himself for martyrdom which on that very day he hoped to suffer having carryed secretly about himself the most Sacred Hoast according to ancient custom but publickly carrying in his own hands his own Archiepiscopal cross and going in this manner to the Palace he was both scorn'd and derided by his own Suffragan Bishops and was by them and by others also of the Kings Council and as they saâ—e in Council condemned by a sentence of deposition as a perjured man and one disloyal to the King because he refused to stand to his former promise and oath to observe the Royal customs That S. Thomas having there in presence pleaded his own cause and shewed that when he was against his own will drawn by the King to the Church or Archbishoprick of Canterbury he was at that very time of his election and promotion declared by the King to be freed of and absolved from all tyes of the Court and further declining the judgment as well of the King as of his Council and appealing to the Pope and declaring also that he did by no means quit or give up his own Archiepiscopal See he reserved the further and universal cognizance of his whole cause to the See Apostolick of Rome to which he there also and then summon'd his fellow Bishops for having chosen rather to obey men then God that presently departing Court but loaden with contumelies and reproaches of Courtiers he soon after fled or parted the Kingdom for Flanders and to an Abbey of Monks called S. Bertin's in the Citty of S. Omers whence writing to the Pope of all things done and of his Appeal and flight he obtained from his Holyness an abrogation of all such proceedings against him That on the other side while all his other lesser Adversaries in England decryed him as a fugitive the King above all being wonderfully enraged sent the Archbishop of York and other Bishops of England to Alexander to accuse Thomas and to desire his Holyness to send a Legat a Latere to England to judg of the cause depending twixt him and Thomas provided also he sent Thomas in person back to be judg'd in England That albeit these Episcopal Embassadours press'd this matter vehemently in the name of their King and even to threats of Schysme on his behalf yet the Pope thought not fit to deliver so innocent a man to such cruel Adversaries but rather that he should be expected as he was called to be judg'd by himself that is by his own Holyness in their presence and that they refusing this offer of the Pope or not content with this answer departed with much indignation
upon his landing all the Ports being by the Archbishop of York Bishop of Lendon and Bishop of Salisbury's directions beset with Souldiers his baggage was narrowly search'd of purpose to seize on all his Bulls and letters from the Pope it is manifest I say that presently after this affront when or assoon as he was come to Canterbury the Kings Ministers sollicited by the said Bishops of York London and Salisbury who were then also come to Canterbury of purpose to vex Thomas declared unto him in the Kings name that he should absolve the Bishops who were suspended and excommunicated by the Pope because what was so done against them redounded to the Kings injury and to the subversion of the customs of the Kingdom That to this declaration or demand Thomas answered first Non esse judicis inferioris soluere sententiam superioris that it was not the part of an inferiour judg to solve the sentence of a superiour And secondly answer'd when others more urgently press'd him and threatned him in the Kings behalf that for the peace of the Church and reverence he boare to the King he would run the hazard of giving absolution to those Bishops so they would swear in forma Ecclesia in the then usual form of the Church to obey the commands of the great Pontiff That hereupon when the rest of the Bishops began to yield as not thinking it safe to oppose themselves to the Church and impugne the Apostolical sanctions for the preservation of the customs of the Kingdom the man enemy of peace sayes Spondanus out of Baronius and author and propagator of all dissention from the very beginning of the troubles the Archbishop of York disswaded them advising that they should rather go to the King without whose consent sayes he such an oath could not be taken That following this advice they all immediatly crossed the Sea to the King then as yet in France and adding sin to sin sayes Baronius or his Epitomizer Spâ—ndanus sent messengers back to the young King in England â—â—o should perswade him That Thomas had sought to depose his Majesty That finally with the Father King Henry the Second himself having been otherwise before ill enough affected to Thomas though lately so as we have seen reconciled those ill advisers wrought so much by their accusations that wholy transported with rage he was heard often to let fall those fatal complaints and curses of all who had been bred with him whom he had so favoured and advanced that none of all would riâ— him of one Priest who so troubled the Kingdom and sought to despoyle him of his Royal Dignity And therefore also what is the scope of this fourth observation is manifest viz that notwithstanding the grand quarrel which continueâ— so long was about those 16. Heads of laws or customs yet the more immediat motive of the Saints death was onely that his refusal of giving absolution to those censur'd Bishops after the King was reconciled to him without any condition of tying him to the observation of the said Heads nay rather with express promise made by the King to the Pope and his said last Legats that he would no more urge their observance For as the said Baronius and Spondanus tel the particulars of this last motive out of the often mention'd Acts of his life and out of the 73. epistle of S. Thomas himself which was his last to Pope Alexander as they relate also out of the same Acts and other Historians and epistles of the Saint all other particulars given by me in this fift observation so they tell us out of the same Acts wherein as to this now all other Histories agree how the Courtiers being much moved to indignation against Thomas by these words of the King four of them conspiring the death of Thomas and immediatly therefore sayling into England and being come to Canterbury and with their swords drawn on the 29. of Dec. 1170. scarce a month after the Saint was return'd from his long exile then there broke violently into the Church when and where the good Archbishop was at evening prayers with his Monks and other Clerks and furiously calling for him by his name and the Saint hereupon being come towards them mildly and after reproving the Sextons for endeavouring to shut the Church doors and to keep out these murtherers saying that the Church was not to be kept or defended after the manner of camps non esse Ecclesiam castrorum more custodiendam telling the murtherers he was ready to suffer death for God and for asserting justice and the liberty of the Church and commanding them under excommunication not to hurt any other of his either Monk Clerk or Laick and lastly bowing down his head as in prayer and recommending himself and the cause of the Church to God to the blessed Virgin to the holy Patrons of that his own particular Church of Canterbury and to S. Denis by name and in this Christian posture expecting the fatal strokes he received them withall constancy whereby in an instant his bloud and brain mixed together with his dead trunk covered the sacred pavement Whence appears undoubtedly that whatever the former differences were twixt the King and our Saint the sole immediat later difference and onely cause of those fatal exclamations of the Kings which made or occasioned those four unfortunate gentlemen to commit so prodigious a Sacriledg was his above recited refusal of absolution to York and the other censur'd Bishops unless they would promise in forma Ecclesiae consueta to stand to the judgment of the Pope Fiftly you are to observe how it is so farr from appearing out even of Baronius or Spondanus that S. Thomas of Canterbury did break or would breake with the King or have any difference at all with him upon every of the above 16. Heads individually separatly taken as it is certain on the contrary 1. That even Pope Alexander himself even in a publick consistory where also Thomas himself was present allowed of the six last as tollerable 2. That the same Pope writing in the year 1169. epist 11. and epist 30. to the said King Henry the Second and his Bishops of England even then when the contest was in the very height took notice onely of two points in as much as he onely therein admonish'd the King most earnestly to suffer that the vacant Churches might be provided for by canonical election of Bishop and commanded the Bishops to excommunicate all both receivers and givers of lay investitures and to see that all such persons should be effectually shâ—nned by all the faâ—â—â—â— 3. That Polydore Virgiâ— in Henric. 2. â— XIII Histor Angl. tels us expresly and pâ—ainly that the grands or chief caâ—â—e of S. Thomas of Canterburys so great and long contest with his King Henry the second was that he observed this King daily advancing such Priests to Ecclesiastical dignities and even Bishopricks as were leâ—â— deserving and doing so as the King pleaded
the death of St. Thomas of Canterbury and by the Saxon Danish Norman laws of England all along till Henry the Second himself 's own raigne and until after this controversie happen'd criminal Clerks even guilty of murder were to be judg'd and punish'd only by the Court Ecclesiastical â—ay that not only by the same laws all Clergiemen 〈…〉 all crimes whatsoever to be judg'd only by the Bishops but that all the very 〈◊〉 of the Church were â—â—all causes whatsoever to be adjudg'd only in the Church of Ecclesiastical Tribunals nor should have recourse to those were by way of distinction commonly called the Kings Courts but only in default of justice done according to law in the Courts of the Church Which being in or as to both differences the law of England contrary to which iâ— both differences oâ— cases Henry the Second would have forced St. Thomas and no other law of God or Man commanding St. Thomas to submit to the King in either as the case stood not even that of St. Paul 13. to the Romans because St. Thomas had in both as in all his other differences the sublimer â—oâ—â—ers in the law of the land for himself who sees not that St. Thomas needed not for his own justification in either differences pretend either the positive law of God or the natural law of God or the law of Nations or the Imperial law or even any Church law or Papal law or Canon for the exemption of criminal Clergiemen from the secular Courts when he denyed to deliver up the two criminal Clerks or when he refused to sign or seal that second Head of Henry the Second's customes which second head was such as subjected all Clergie-men in all kind of causes civil criminal mixt spiritual and temporal to the cognizance of the Kings even ordinary lay Judges and Courts as you may see by turning to and reading over again in my fourth Observation that second Head of those 16 And who seeâ— not but he might at the same time without any contradiction inconsequence oâ— contrariety maintain that still it was true that abstracting from the laws of England then as yet 〈◊〉 because not legally repealed all Clerks in England were by the laws of â—eason and laws of God and doctrine of the Fathers and many Canons too of Popes and Councils subject in all temporal causes both civil and criminal to the lay civil Courts and Judges of Henry the Second Nay who sees not but for any thing alledg'd or known out of the Histories of either his life or death or martyrdome or canonization or miracles or invocation of him after as a glorious martyrized Saint and even martyrized only too if you please in meer defence of the Church liberties and immunities who sees not I say but that notwithstanding any thing hitherto so alledg'd out of all or any of those Histories he not only might be but was rigidly and constantly of this judgement and opinion especially being these Histories tell us in one instance that when he was so much pressed to sign to those 16. Heads as the royal customes of Henry the First he doubted they were no such customes of Henry the First or were no customes at all and therefore chiefly and only fell off after swearing them and would not sign or seal them at all as was desired and expected from him albeit his Cross-bearer's check did forward his repentance for having sworn Sed cum descriptas consuetudines sayes Parker himself in the life of our Saint perlegisset Thomas for when he swore to observe them he did not see them in writing nor were they digested at all into heads and therefore he only swore in general to observe those customes which Henry the Second called â—nitas consâ—â— tudines his Grandfathers customes and royal customes â—ulâ—â—â—◠〈…〉 an ill â—um quaedam inter consuetudines essent habendae itâ—â— diem deliâ—â—◠〈…〉 sigillum chirographum adhiberet petiit and whereas also he could not be ignorant of the laws both Imperial which he had studied and of the laws of England where he lived and judged so long as Chancellor Or who sees not briefly that that there is no contradiction that a most rigid 〈◊〉 Bishop should dye for the rights of the Clergie and be therefore a Marâ—â—◠〈◊〉 yet acknowledge all those rights or at least many or some of them 〈◊〉 â—â—â—ch he dyed as for example that of exemption came to the Clergie from the meer civil or municipal and politick just laws of the land and only from such laws of the land and not by any means immediatly from any other law divine or humane of nature or Nations or of the Church Pope or Emperour if not in so much only as the laws of God and nature approve all just laws of every land 〈◊〉 they be repealed by an equal authority no that which made them Finally who sees not also that notwithstanding all this or notwithstanding the municipal laws of England were for St. Thomas in every particular of his said manifold opposition to his King or that by the same laws the English Clergie had such exemptions from secular Courts yet St. Thomas might have been of this opinion also and perswasion at the same time and was so too most rigidly and constantly for ought appears to the contrary out of the Acts of his life or other Historians that as by no other laws of God or man or reason so neither by those very laws of England either himself or any other Clergieman was exempt from the supream civil coercive power or even could be exempt during their being subjects or their acknowledging to be so or their living in the quality of subjects 1. Because the very name and nature of subjection draws along with it and either essentially or at least necessary implyes this which is to be subject to the supream coercive power at least in some cases and some contingencies 2. Because that if both himself and all other Ecclesiastical Judges and Bishops taking the Pope himself too in the number did fail in their duty of punishing Clerks notoriously scandalously and dangerously criminal or that if the criminal Clerks themselves would not according to the law of the land submit to the sentence and punishment prescribed into them by the Bishops or if even also the Bishops themselves were altogether guilty of the same crimes or patronizers of the criminals and would not amend or satisfie of themselves without any peradventure t is evident that the supream civil coercive power might and ought in such cases to proceed against them by plain force and corporal coâ—rcion cuia salus populi suâ—rema lex esto 3. Because the power whereby S. Thomas himself and all other Bishops and Ecclesiastical Judges proceeded in a compulsory way to any civil or corporal coercion of criminal Clerks against the will of the same Clerks as to seizing their persons imprisoning them whiping them taking away their temporal goods confining them
Philippus de Eleemosyna missus a latere Alexandri summi Pontificis Cardinalium omnium ad pacem faciendam inter Regem Archiepiscopum Cantuariensem per quem summus Pontifex omnes Cardinales mandaverunt Cantuariensi Archiepiscopo ut ipse pacem cum Domino suo Rege Angliae faceret leges suas sine aliqua exceptione custodiendas promitteret Nor are we much to wonder that either Popes of Rome or Bishops of England for peace's sake and upon new occasions should after the days of St. Thomas of Canterbury either connive at or concurr to or at least not oppose the legal repealing of the former municipal laws of England and of their own Ecclesiastical canons too if any had been in that point of jurisdiction or exemption of criminal Clerks from or subjection of them to even the ordinary secular judicatories at least in some cases and criminal cases too being they had and had in the very case of such enormous crimes of Clerks as murder theft malefice a precedent so auncient and of such great authority in the Catholick Church as that I have given in my LXIX Section out of the first Council of Matisconum held in the year 532. where the auncient Fathers and Bishops who composed that Council do in express tearms and in their 7. canon leave such Clerks or rather suppose them still left to secular justice as were guilty or accused of murder theft or malefice For that 7. canon is in these words Vt nullus Clericus de qualibet causa extra discussionem Episcopi suia seculari judice injuriam patiatur aut custodiae deputetur Quod si quicumque Iudex absque criminali cuasa id est homicidio furto aut maleficio facere fortasse praesumpserit quamdiu Episcopo loci illius visum fuerit ab Ecclesiae liminibus arceatur Besides that they had the precedent of all the Bishops of the world both in the Eastern and Western Church under the Roman Empire who all for so many hundred years of Christian Religion established by law submitted to the civil laws of the Roman and Christian Emperours by which laws until Frederick the Seconds laws Clerks were subjected in all criminal causes to the very inferiour lay judges As for the case of treason against the person of the Prince or rebellion against the State or Commonwealth it was never in any Country not even England nor at any time as much as thought on to be exempted from lay cognizance or punishment at least when the King pleased to proceed by extraordinary commission And yet also I confess that such repealing Statuts Customs or both whatever they were under Edward the Second or any former or later King from Henry the Second to Edward the Third made so a municipal law of England suffered again some chang or some amendment in favour of the Clergie in the year 1344. under King Edward the Third in a Parliament held by him at Westminster For so Matthew Parker tels us expresly in his Antiquitates Britannicae pag. 236. in his life of Ioannes Stratford Archbishop of Canterbury Rex Gallum sayes he feroci Marte expilans postquam biennio bellum gessisset exercitu in castris relicto in Angliam reversus est Westmonasterii Parlamentum tenuit In eo Clerus ei concessit decimas triennales Rex Clero vicissim concessit quod nullus Archiepiscopus vel Episcopus coram Iusticiariis Regis judicium subeat nisi Rex hoc nominatim specialiter praeceperit Tum quod nullus Clericus coram Iusticiariis Regis judicium sustineat sive ad ipsius Regis sive alicujus partis instantiam si se submittat Clericatui dicat se membrum Ecclesiae sanctae nec debere ipsis Iustitiariis respondere Quod si quis Clericus de bigamia accusetur de eo non fore permissum Iustitiariis inquirere sed mittatur curiae Christianae Which same Author Matthew Parker tels us further thus pag. 244. in the life of Simer Istippe Archbishop of Canterbury that the same Archbishop Islippe obtained further from the same King Edward the Third and in an other Parliament held by him at Westminster in the five and twentieth year of his Raign and of Christ an 1351. a more ample redress of the grievances of the Clergie from the oppressions of the lay Judges and other the Kings Ministers Archiepiscopus deinde a Rege proceribus in Parliamento obtinuit ut legum ac libertatis Ecclesiasticae oppressiones quibus Clericorum status diu afflictus fuit statuta tollerentur Quo impetrato cum Clerici permulti privilegio Clericali abutentes quam plurima flagitia perpetrarent Rege proceribus id flagitantibus ab Archiepiscopo suisque Suffraganeis statutum est ut Clerici de capitalibus criminibus testibus probationibus suave confessione convicti Episcopalibus perpetuò carceribus mancipati ad pristinum locum aut ordinem numquam restituantur ne ordini Clericali scandalum generetur sed perpetuam agentes paenitentiam quarta sexta feriis in sabbathis pane doloris aqua angustiae semel in die caeteris diebus pane tenuissima cerevisia dominico autem die pane cerevisia legumine tantummodò nutriantur And further yet the same Author Matthew Parker pag. 279. in the life of Henricus Chicheley Archbishop of Canterbury tels us how the Clergie holding a Synod under the said Chicheley in Edward the Fift's Raign an Dom. 1420 and having granted that King a Tenth Clerus a Rege vicissim impetravit Ne hospitii sui pro victualibus provisores Clericorum bona aut possessiones attingerent Deinde ut Clerici in foro Regio capitalium crimmum postulati datis fidejusseribus judicio sisti carceribus liberentur Tertio ut Presbiteri castrati felonum id est homicidarum paenis afficerentur And finally the same Author and Protestant Archbishop of Canterbury Matthew Parker tels pag. 298. in the life of Ioannes Mortâ—n Archbishop of Canterbury under Henry the Seventh an Dom. 1487 how upon occasion of a Rebellion in England against the said Henry the Seventh and of the abuse of Sanctuaries of the priviledg of Sanctuaries especially of that of Colchester by some of the Rebels who for a time sheltering their lives in them yet when they found a fit opportunity started out often to do mischief then return'd again how I say upon this occasion the former priviledg of the very Sanctuaries was lessened by law before which law a Bull also was procured from Pope Innocent who then sate declaring that such criminals should be by the lay power extracted out of Sanctuary Lataque ex illa Papali Bulla lex est sayes Parker ut asylis inscripti si homicidia furta incendia sacrilegia depopulationes agrâ—rum Regni aut Regis proditiones postea commiserint inde ejecti vi laica ducantur ad supplicium All which several changes of or concerning the Immunities of Churchmen and Churches in England
and Religious did subscribe which was purposely made to secure the Lay-Gentlemen that supposing they might enjoy the freedom of their Religion they might lawfully renounce the practice of these Articles which makes the case far different both to the one and the other they conceived you intended to deny and destroy the probability of that Opinion which they think it necessary for their ends to maintain And therefore to keep their hold and conserve their pretended right they framed this Decree in hugger mugger and kept it private Their chief motive is acknowledged in the Decree it self Least it should be said hereafter that his Holiness did approve or connive at the Subscription to such Articles as were prejudicial to his Pontificial greatness The same was also expresly intimated to the Popes Nuncio here it being signified unto him there should be no legal publication of it no more then there had been at Rome nor consequently sure did they intend it should oblige Nay even they themselves would esteem him a very Fool that would lose his Estate or venture his Life for the maintenance of this Opinion or Decree Your Negative Answers to these Articles are to be understood according to your and the Proposers intentions that is to renounce the practice of them and profess them to be no part of your Faith and Religion which I believe the very Court of Rome doth not pretend witness Cardinal Peron who after he had often averred in his Oration to the Nobles of France in the year 1615. that the Doctrine of the Pope's power to depose Heretical Kings and absolve their Subjects from their obedience was only Problematical And in particular That the Catholicks of England were obliged to obey King James then reigning In his other Oration to the third Sâ—â—te who urged and pressed to have the contrary Doctrine received as a fundamental Law of the Kingdom and as holy true and conformable to the Word of God having used all possible Arguments to dissuade them from this design and learnedly labouring to shew a greater probability for the affirmative part He concludes towards the end of his Speech That the Pope doth tolerate and suffer the contrary Opinion to be held so it be only maintained as Problematical in matter of Faith that is saith he so it be not proposed as necessary to Faith nor the Opposite declared as contrary to the Word of God impious and detestable Besides this Decree is given against the Negative Subscribers to unpublished Articles without any information or knowledge of the original Instrument whereunto you Priests did subscribe nay without calling any of you to Account but only in the Air against the Negative Subscription supposed to be done they know not where nor how contrary to the ordinary forms of our Law avd Justice But every man who hath negotiated in the Court of Rome can tell you That these Congregational Decrees are generally made by a few Cardinals and Prelates who to speak modestly little know upon what grounds and principles the abstruse Sequels of Faith are to be resolved They say in this They have consulted Divines that is perhaps some few Forreign Regulars whose Interests lie wholly in that Court depending immediately of it and exempted by his Holiness from the ordinary and divine Hierarchical Government of the Church who knowing nothing of the Affairs nor of the Circumstance of the Question were not like to deliver any other Opinion than what their great Patrons would have them I wish with all my heart That with the loss of my blood I could blot out the belief of all experienced men that nothing but Interest and Faction are prevalent in the Court of Rome It is now in every mans mouth that understands the Affairs of the World that they seek their own ends not the publick good Finally I remark that they chiefly direct their Decree to the Superiours of their exempted Emissaries no mention made of the Bishop or Clergy who are the only lawful and Canonical publishers with the permission and consent of the State or Civil Magistrates of any true authentical spiritual Command Truly if such a Decree had been sent hither and so illegally proclaimed it would have been presently condemned to be burnt by the hands of the Hangman In a word I see nothing capable to beget a Scruple nor that ought to hinder any Catholick from Subscribing to the Articles as you have done Nor shall I easily persuade my self that any wise and experienced man will shrink from so just an Act. If your State King or Parliament will suffer and tolerate you to live quietly under them which I wonder such able men should boggle at I shall quickly provide and help you with such advice from the most learned and most vertuous Divines of Europe as will make your Ecclesiastical Government an example to all other States and Kingdoms your Neighbours And still conserving all due Respect and spiritual Obedience to the See of Rome you shall free your selves from all unnecessary and unfit dependance of the Roman Court wherein I shall furnish you with the resolutions of such Questions as will open the eyes of all your unexperienced and tender conscienced Countrey-men who have not had perhaps the means to discern and distinguish their due and unnecessary obedience from a superfluous and unjust obsequiousness And which shall withall make appear to all the Christian World the now well near Fourscore years hard and unfatherly dealing of the Court of Rome over the poor persecuted and distressed Catholicks of England Let it therefore be your constant endeavour to give the King State or Parliament full satisfaction and assurance of your fidelity to the Civil and Political government of your Kingdom whatsoever it shall be which may most certainly stand with the integrity of your Religion and Consciences For the rest fear nothing trust to the justice of your Cause which you may assuredly believe will not want support For my particular according to my poor Ability you shall ever find me Your most loving Brother in Christ And obedient Servant T.H. From Paris this 2d of April 1648. By which two several Papers the written and the printed the Reader may understand fully what he shall find hereafter answered by me in the year 1664. to the foresaid Internuncio de Vecchiis concerning his Allegation or pretence of Innocent the X's having condemned these Negatives and consequently our Remonstrance as for one part thereof coincident with or virtually contain'd in them Fourth and last Observation is concerning that signal crafty admonition which the same de Vecchiis gave as you have before seen to Father Bruodin in these words Signanter ut sic refutetuâ— illud Jura nentum ne tamen Regii Ministri ansam accipiant in Catholicos saeviendi eosque tamquam Regia Dominationi quia ab Ecclesia defecerit infestos puniendi If I be not much mistaken de Vecchiis would have the Anti-Remonstrants use all kind of other false Arguments to
been certainly informed that all Ireland were absolutely resolved to bid an eternal adieu to all or any Communion with the Roman Church and great Pontiff So much and so nearly to heart did they take that harmless that innocent profession of Allegiance though but in temporal things only made to a Protestant King of England by some and those too but a few respectively of the Roman Catholicks of Ireland As for any thing more of the said Primat Reilly to be observed in this present Section I remember no more but only 1 That as soon as the news of his arrival was bruted both Protestants and Roman Catholicks admired very much how he especially at such a time not only of War twixt England of one side and Holland and France of the other but also of all the three Estates of Ireland in Parliament at Dublin dared to venture home and appear even in that Capital City 2. That some few days before the then Lord Chancellour of England having intelligence of the said Primats landing secretly in England from Flanders and passing through England incognito to Ireland advertised the Lord Lieutenant thereof by that very Packet-boat by which Reilly landed to the end he should be taken the permission of his return having not been signified by his Grace to the said Lord Chancellour but by the next Packet after 3. That for the two Bishops Ardagh and Kilfinuran who till the Primats landing were the only chief in the Congregation and the former of them the only Bishop of the Province of Ardmagh the other the only of the Province of Cashil having withal the Bishop of Tuam's proxy they seemed not any way at all pleased with his arrival as neither did he seem to have much correspondence with or any great esteem for either of them 4. That as far as I could observe all along after during the other Thirteen days of their Session both he of them and they of him stood in some awe I mean as to any clearer declaration of their sentiments or inclinations either to satisfie the King or dissatisfie the Pope in that for which they were permitted to Convene Though withal I did then and do also at present firmly perswade my self out of what I did then my self both see and hear done in the publick Session That the said Ardmagh seemâ—d much more strongly inclin'd to give even full satisfaction as to the point of any Declaration which might concern either his future fidelity or Petition of Pardon for any matters whatsoever past then either Ardach or Kilfinuran whereof you shall have the true reason according to my best conjecture where I give my own judgment of the Congregation and leading Members thereof XI WHat we are now to consider is what happen'd or was done next day being the 13 of June and 3 of their Session but the very first day indeed wherein any material thing was spoke or said or delivered by any in order to the ends for which the Fathers were convened But an unlucky sudden and unexpected accident was like that very day without any further progress in the intended or at least pretended scope of this meeting to have utterly dissolved it and put a final but shameful period to all their designes For the House being sate and Speaker placed in his Chair the Primat last of all coming in bid the Chair-man viz. the Bishop of Kilfinuran leave the Chair as being due to him the said Primat saying withal that none should in his presence besides himself possess that seat The Chair-man refuses and contradicts and with him also not only the Bishop of Ardagh and the Vicar General or Apostolical of Dublin but many more nay most of all the House Whereupon arises a vehement hurry clamour tumult The Primat presently withdraws And all the Members of his Province of Ardmagh except one or two depart likewise following their Archbishop No sooner was he the said Primat gone with his followers then Ardagh Kilfinuran the Vicar Apostolick of Dublin and all their fast Partizans bale out vehemently for a Dissolution a departure every one to his own home There was nothing to be heard or seen but a loud din and some running to the door to keep it open others to shut it some encouraging taking and haleing one another by the hands to depart others crying Dissolve Dissolve and some on the other side praying intreating conjureing them to stay a little and think better of the scandalous Sequel I that found my self as much concern'd as any if not more than any one used all my utmost endeavours to hinder so sad a resolution At last converting my self to the two Bishops in the hearing of all the rest I took the liberty even also of sharp reproof but after I had seen that intreaties would not do with them who together with James Dempsy Vicar Apostolick of Dublin were the ringleaders of that so Scandalous and factious resolve And amongst or besides many other things I spoke out openly and plainly to them both That without comparison It had been less hurt they had both drop'd down dead in that very place than that the whole Irish Clergy yea and Laity also their whole Nation their Religion and Communion in general should be on such an occasion exposed to that eternal shame reproach and scorn amongst all Protestants which they must certainly have expected by continuing so mad so furious and desperate a resolution That sure they should have considered their meeting was not nor could be unknown as not unto the Protestant Councel of State so neither to the Parliament of all the three Protestant Estates of the Kingdom both of them at that very time sitting in that very Citty where a National Congregation of the Roman Catholick Clergy did so behave themselves That further they should also have considered how during all that very time that very hour of their so phrantick a transport Three Lay persons both of Quality and their own Nation and Religion also employed to them by his Grace the Lord Lieutenant of the Kingdom and sent by him on a special message to them were hard by expecting to be introduced And Lastly therefore that neither amongst Protestants nor Catholicks they could ever at any time wipe off the ignominious and even also barbarous stain if they persisted to say nothing of all other inconveniences and evils which must have been the consequence of so much not only rashness but also unmannerliness Netled at my freedom the Bishop of Ardach replies in a troubled angry mood and in these very words Quid tu Fratercule ita ad Episcopos But my return was obvious enough That the Case required it And that had there been no other reason as indeed many more were to oblige me thereunto but the very Contents of the publick Instrument signed even by him as well as by others whereby I was the general Procurator empowred with all Power Authority and even Jurisdiction too for the ends of the