Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall for the present agree upon such persons who are to be authorized bay Commission under the Great Seal to be Commissioners of the Peace Oyer and Terminer Assizes and Gaol-delivery in and throughout the Kingdom to continue during pleasure with such power as Justices of the Peace Oyer and Terminer Assizes and Gaol-delivery in former times of Peace have usually had which is not to extend unto any crime or offence committed before the first of May last past and to be qualified with power to hear and determine all Civil Causes coming before them not exceeding Ten pounds Provided that they shall not meddle with Titles of Lands Provided likewise the authority of such Commissioners shall not extend to question any person or persons for any Shipping Cattel or Goods heretofore taken by either Party from the other or other injuries done contrary to the Articles of Cessation concluded by and with the said Roman-Catholick Party in or since May last but that the same shall be determined by such indifferent persons as the Lord Lieutenant with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall think fit to the end that speedy and equal justice may be done to all Parties grieved And the said Commissioners are to make their Estreats as accustomed in time of Peace and shall take the ensuing Oath viz. YOV shall Swear That as Justice of the Peace Oyer and Terminer Assizes and Gaol-delivery in the Counties of A. B. C. in all Articles of the Commission to you directed you shall do equal Right to the Poor and to the Rich after your cunning and wit and power and after the Laws and Customs of the Realm and in pursuance of these Articles And you shall not be of Council of any quarrel hanging before you And the Issues Fines and Anerciaments which shall happen to be made and all Forfeitures which shall happen before you you shall cause to be entred without any concealment or imbezling and truly send to the Court of Exchequer or to such other place as His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom shall appoint until there may be access unto the said Court of Exchequer You shall not let for gift or other cause but well and truly you shall do your office of Justice of the Peace Oyer and Terminer Assizes and Gaol-delivery in that behalf And that you take nothing for your office of Justice of the Peace Oyer and Terminer Assizes and Gaol-delivery to be done but of the King and Fees accustomed And you shall not direct or cause to be directed any Warrant by you to be made to the Parties but you shall direct them to the Sheriffs and Bayliffs of the said Counties respectively or other the Kings Officers or Ministers or other indifferent persons to do execution thereof So help you God c. And that as well in the said Commission as in all other Commissions and Authorities to be issued in pursuance of these present Articles this Clause shall be inserted viz. That all Officers Civil and Martial shall be required to be aiding and assisting and obedient unto the said Commissioners and other persons to be authorized as abovesaid in the execution of their respective powers XXIX Item It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased That His Majesties Roman Catholick Subjects do continue the possession of such of His Majesties Cities Garrisons Towns Forts and Castles which are within their now Quarters until settlement by Parliament and to be commanded ruled and governed in chief upon occasion of necessity as to the Martial and Military affairs by such as His Majesty or His chief Governour or Governours of this Kingdom for the time being shall appoint and the said appointment to be by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them And His Majesties chief Governour or Governours is to issue Commissions accordingly to such persons as shall be so named and appointed as aforesaid for the executing of such Command Rule or Government to continue until all the particulars in these present Articles agreed on to pass in Parliament shall be accordingly passed only in case of death or misbehaviour such other person or persons to be appointed for the said Command Rule and Government to be named and appointed in the place or places of him or them who shall so dye or misbehave themselves as the chief Governour or Governours for the time being by the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall think fit and to be continued until settlement in Parliament as aforesaid XXX Item It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased That all Customs and Tenths of Prizes belonging to His Majesty which from the perfection of these Articles shall fall due within this Kingdom shall be paid in to His Majesties Receipt or until recourse may be had thereunto in the ordinary legal way unto such person or persons and in such place and places and under such Comptrollers as the Lord Lieutenant shall appoint to be disposed of in order to the defence and safety of the Kingdom and the defraying of other the necessary publick Charges thereof for the ease of the Subjects in other their Levies Charges and Applotments And that all and every person and persons who are at present entrusted and employed by the said Roman-Catholicks in the Entries Receipts Collections or otherwise concerning the said Customs and Tenths of Prizes do continue their respective employments in the same until full settlement in Parliament accomptable to His Majesties Receipts or
not to be hoped that We could do any thing considerable against the Rebels and We desired them if they had a mistrust of Us or dislike of Our Government that they would clearly let us know it telling them That such was Our desire of the Peoples preservation that there was nothing within Our power consistent with Our duty to the KING and sutable to Our Honour that We would not do at their desire for that end Withall letting them see that Our continuance with the name and not the power of Lord Lieutenant could bring nothing but ruine upon the Nation and dishonour upon Us so that in effect we propounded either that they would procure Us due obedience or propose some other way by Our quitting the Kingdom how it might be preserved In answer whereunto they gave Us many expressions of respect and affection and promised to endeavour the procuring of the obedience We desired then also giving Us a Paper containing some Advices or Propositions for the future conduct of Affairs All which seemed to Us to imply their desire of Our continuance in the Government and their compliance with Us though in that particular of erecting a Privy Council their itch to have a hand in the Civil and Martial Affairs was and is apparent by the ensuing Copy thereof 13th of March 1649. Remedies proposed to His EXCELLENCY for removing the Discontents and Distrusts of the People and for advancing His MAJESTIES Service presented by such of the Clergy as met at Lymerick the 8th of March 1649 and the Commissioners of Trust I. HAving joined our selves in this meeting upon Your EXCELLENCIES Summons and in compliance with Your pleasure in delivering our Sense how any life might be conserved in this gasping Kingdom The following Considerations we thought fit to be represented to Your Excellency II. It is generally thought That most of the present Distresses of the Kingdom did proceed from the want of a Privy Council as ever it was accustomed heretofore to assist the Government of this Land in War and Peace We conceive it essentially necessary That such a Council be framed of the Peers and others Natives of the Kingdom as well Spiritual as Temporal to fit with Your Excellency daily and determine all weighty Affairs of the Countrey by their counsel The Commissioners of Trust being onely entrusted for the due observation of the Articles of Peace had not the authority of Counsellors and the affairs that intrench most upon the matters of State of the Kingdom were not their study or charge III. That there be an exact Establishment of the Forces forthwith setled and agreed on directing what numbers the Army of the Kingdom shall consist of Horse and Foot what each Province shall bear what number each Regiment Troop and Company shall consist of and laying down such Rules that no payments be made but according to the number of Forces that shall be visible and extant for service and the said Establishment to be forthwith put in Execution and the said Army once established and made certain not to be multiplied or exceeded other than by solemn further establishment to be made with the consent and concurrence of the Commissioners of Trust if there be cause for it And in that Establishment a certain and sure course be taken That all the Forces have the same assurance and the like equality of payment for all the Army And in that Establishment all preventions possible to be be set down for avoiding the burthening of the People with Thorough-fare Delinquency or Free-quarter or any other Forces than those continued in the Establishment and none to have Command but in one capacity and to serve in the head of that Command otherwise not to be in Command And in the said Establishment considering the necessity the Kingdom it reduced unto the burthen of General Officers or other burthens that may be spared or not found necessary to be put by and the Kingdom at present eased thereof IV. That on the composure of that Army and on Garrisoning of places necessary to be Garrisoned exact wariness be used That none against whom just exception may be taken or who by any probability considering all circumstances cannot so well be confided in as others of this Nation be either of the number whereof those established Forces shall consist or be put or continued in Garrison V. That several places are Garrison'd without the consent or concurrence of the Commissioners of Trust It is proposed That the Forces placed in such Garrisons be forthwith removed and withdrawn and not Garrison'd but by consent of the Commissioners of Trust and that none be placed in such Garrisons but such as the Commissioners of Trust will consent to be placed therein And for particular instance of this Grievance the Castle of Clare Clonraud Ballingary and Bunratty are instanced and what else are of that nature the Commissioners of Trust are to represent and instance forthwith and see redress afforded therein to the Peoples satisfaction if any such be of that nature VI. That it is a great cause of jealousie and mistrust among the People That where Catholicks were setled or understood to be setled in some of the greatest employments of Trust in the Army they have been notwithstanding removed and put by for avoiding of those causes and grounds of mistrust the Catholicks so setled or understood to be setled in such employments are desired to be forthwith restored VII That for satisfaction of the People who in the many disorders of these times see no face of justice exercised among them a Judicature be erected according to the Articles of Peace wherein all Causes without limit between Party and Party may be heard and determined and that Judges of Assize go Circuit twice each year at least and over and besides this that some persons as Justices of Peace in quarter-Quarter-Sessions or otherwise be entrusted in each County to whom the Inhabitants of each such County may have their applications for Redress against Oppressions and Extortions hapning within that County and for Debts and other Complaints not exceeding Ten pounds This will free Your Excellency from the trouble of those multitudes of Complaints that come before You for want of other Judicatures and will leave Your Lordship the time entire to be disposed in the Consults of the State Affairs for the better management of the War and other the great Affairs that may concern the better Government of the Kingdom these being of so high a nature and so much tending to the Peoples preservation as no other matter or causes should be interposed that might give any interruption thereunto VIII That to the very great grievance and dissatisfaction of the People the Receiver General hath failed to altar his Accompts concerning the â—â—st Sums of Money levied from the People since the 17th of January 1648. though the same hath been long expected and the grievances from the Agents of Counties long foreslowed in expectation of those accompts It is
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
would be not to exempt them but in effect to make them to be no members at all As for that reason of diversity which Bellarmine hath given As it is unnecessary that all the Citizens pay tribute or that all bear arms to defend the Republick who sees not also that it argues no diversity no difference at all in the simile For in the natural body it is not necessary that all the members walke that all see that all hear c. But it is sufficient both in the natural body and in the civil that every member so attend perform that duty unto which it is ordained or applyed that all in common do still in the same body and under the same head what they are enjoyned or destined to Let Bellarmine therefore let his disciples abstain hereafter from such absurd Paradoxes What man of found reason hath ever yet in his own soul inwardly perswaded himself that a King may not de jure King it over that is govern by direction and coercion those of whom he is King nor a head the members of its own body But our Cardinal denye here that from the contrary position and practice any perturbations of the common-wealth should arise because that albeit the King may not coerce transgressing Clerks yet the Bishops may and will To this because I have said enough already I onely saâ— now that to assent this power of coercion of Clerks to Bishops for lay crimes or those committed in meer temporal or civil matters and deny it to King were nothing els in effect but to rayse Bishops from their Office Ministry Episcopal to the power and Dignity Royal of Kings and then consequently to make but meer Ciphers of the Kings themselves For I demand of Bellarmine or of his Schollars why were Kings instituted or to what end their power if it was not to govern the Republick to provide for the peace and safety of all the people of what condition or profession soever Lay or Ecclesiastick and to provide for the security and tranquility of all by punishing and rewarding indifferently according to the respective merits or demerits of every individual But our Cardinal snatches away from Kings this proper function of Kings and gives it to Bishops whereas it is notwithstanding certain that neither can the common-wealth be quiet if Clerks do violate the laws resign themselves over to sedition and yet may not be de jure therefore punished curbed or any way restrained by Kings For who sees not consequently that neither de jure can the King contain his Provinces in peace nor compel his people to live together within the bounds of honesty equity or justice And who sees not consequently also but that the very politick peace nay the very politick being of the common-wealth must depend of the will of the Bishops to whom onely the light of governing of licencing or restraining Clerks our good Cardinal will have to belong that by the severity of their Episcopal censures or other judgments they may as they will coerce the nocent and thereby and in so much pacifie the troubles of the Republick or as they please too permit all wickedness and all the most enormours horrid crimes of Sedition and Rebellion to extinguish quite the face and being of a Republick How farre more piously Christianly and rationally too had Bellarmine taught and writt that by the favour and priviledg given by Kings the Clergie are not subject to any other Judicatory but to one composed of Ecclesiastical judges yet so that as well those very Judges as the criminal Clerks be subject still to and not exempt from the supream Royal power of the King who gave subordinate power to those very Ecclesiastical Judicatories in temporal things nay and in spiritual too for what belongs to corporal or civil coercion and who as the supream temporal Prince may command prohibit and provide that no person of what condition or profession soever breake the peace of his Kingdom and who also may when there is just cause take cognizance of and judg as well what ever delinquent Clerks as the very Ecclesiastical judges of those Clerks To that of Hermannus the Colen Archbishop I will say that Bellarmine writes so of this matter as he may be refuted with that jeer wherewith a certain Boor pleasantly checked a great Bishop as he rode by with a splendid pompous train The story is that a country clown having first admired and said this pomp was very unlike that of the Apostles to whom Bishops did succeed and some of the Bishops train answering that this Bishop was not only a successor of the Apostles but also Heir to a rich Lordship and that moreover he was a Duke and a Prince too the clown replied but if God sayes he condemn the Duke and Prince to eternal fire what will become of the Bishop Even so doth Bellarmine write as that servant spoke that this Hermannus whom Charles the V. summon'd to appear was not only an Archbishop but a Prince also of the Empire And even so do I say and replye with the country swain when the Emperour judged this Prince of the Empire did he not I pray judge the Archbishop too But you will say that though indeed he judged the Archbishop yet not as an Archbishop but as a Prince of the Empire Let it be so For neither do I nor other Catholick Opposers of Bellarmine in this matter intend or mean or at least urge or press now that Clerks as Clerks are subject to the coercion or direction of Kings but as men but as Citizens and politick parts of the body Politick which kind of authority as Bellarmine confesses Charles the V. both acknowledg'd in and vindicated to the Emperour Of whose piety what Bellarmine adds is to no purpose For it is not denyed that it becomes good Princes to leave that is to commit the causes of Clerks how great and weighty or criminal soever to Ecclesiastical Judges if it stand with the safety or good hic nunc of the Commonwealth that such causes be discussed before such Judges And yet I must tell the Defenders of Bellarmine that if they please to consult the Continuator of Baronius the most reverend and most Catholick Bishop Henricus Spondenus ad an Christi 1545. they will find that upon complaint of the Catholick Clergy and University also of Colen to as well the Emperour Charles the V. as the Pope Pavl the III. against the said Archbishop as by the advice of Bueer introducing Heresie and licenceing the Preachers of it in that City and Diocess and that at their instance petitioning for help redress in that matter against the said Hermannus it was that the said Emperour Charles the V. did in the Diet of Wormes the said year and about the end of Iune by his Letters or Warrant signed and sealed summon the said Archbishop to appear before him within thirty dayes either by himself in his own proper person or by
this following now as a distinct one and as in order my third And I frame it thus Whatever natural civil or politick supream right and authority of civil direction and civil coercion of all and every person or persons whatsoever of the politick Commonwealth as such may be necessary for the preservation of the being and peace of the whole is by the law of nature it self to be attributed to and asserted or allowed in the same Commonwealth as such and consequently in the supream politick Head of it as such whether this Head be one single person by nature or an aggregation of many persons together by policy But the natural civil or politick supream right and authority of civil direction and civil coercion of all Clergiemen whatsoever living under or in any politick Commonwealth as such is necessary for the preservation of the being and peace of the whole Ergo the natural civil or politick supream right and authority of civil direction and civil coercion of all Clergiemen whatsoever living under or in any politick Commonwealth as such is by the law of nature it self to be attributed to and asserted or allowed in the same Commonwealth and consequently in the supream politick Head of it whether this head be one single person by nature or an aggregation of many persons together by policy The Major besides that it is proved already by and in the prosecution of my former argument where I alledged that maxime or principle allowed by all men and which in reason must be so allowed by all men viz. That every well or rightly establish'd civil Commonwealth must by the law of nature have in it self as such and consequently in its politick Head as such too that natural or civil authority over all the parts and members which may sufficiently enable the whole to attain the proper natural and civil ends of the whole and of all such parts as parts both joyntly and severally these ends being the civil peace quiet justice and comfortable secure living of all together I say the Major besides its being already proved so is further proved by this other maxime which even Suarez himself l. 3. de Primatu sum Pontif. c. 1. n. 4. allows and alledgeth for certain and for evident in natural reason Quod humana natura non possit esse destituta remediis ad suam conservationem necessariis That humane nature cannot be destitute of sufficient right and authority to do those things which are necessary for its own preservation in a peaceable and just way of living Now it is clear enough that the civil direction and civil coercion of all persons whatsoever living within the Dominions of the Commonwealth while they live there is necessary for its preservation And the Major is further also proved by a third maxime or principle which Morl. hath in Empor jur 1. p. tit 2. de legibus num 20. vers .. Quia cum regnum To wit this Cui regnum conceditur necessario omnia censentur concessa sine quibus regnum gubernari non potest To whom a Kingdom is given all things that is to say all right and authority which are necessary for the well governing of it are supposed to be given And yet who sees not this principle could not be true if that Major also were not true For whatever is necessary for the preservation of the being and peace of the Commonwealth is also necessary for the wel-governing of it As for the Minor I have abundantly proved it also before in the prosecution of my second argument And of the conclusion to follow the premisses necessarily there is no man will doubt It remains therefore that for an appendix of these arguments grounded on pure natural reason for the subjection of Clergiemen to or which is the same thing against their exemption from the supream civil coercive power in temporal causes to conclude this Section I shew by natural reason also that the very temporal Princes themselves how otherwise supream soever could not cannot by any law right authority or power given them by God or Man exempt from themselves that is from their own supream civil and even coercive power the Clergiemen of their own Dominions whiles I mean such Clergiemen remain of or in their Dominions and acknowledge themselves or indeed be inferiours and subjects to the same Princes or otherwise that these Princes be either acknowledged by them or otherwise truly and legally be their natural or proper legal Princes But for as much as Bellarmine hath in the often quoted 35. chap. l. contra Barclaium as being mightily startled by this position roused himself again and laid about him no less mightily to ruine it then he had to ruine that other which denied the Pope himself any such power of exempting Clerks from the same temporal Princes I will to avoid here some labour of repetition first give our learned Cardinals arguments against it and then consequently my own proofs for it in the solution of those arguments Ad quintam propofitionem sayes he quae erat non potuisse Principes supremos eximere Clericos a sua Regia potestate respondemus id manifestè falsum esse Nam etiamsi non possit summus Princeps c. To the fift proposition sayes Bellarmine which was that supream Princes could not exempt Clerks from their own Royal power I answer that it is manifestly false For albeit the supream Prince may not exempt all that live in his Kingdom from his own power unless he resign his Principality yet he may exempt some part of his people from some part of his power or even from all parts of his power and at the same time be both truly said and remain still a Prince For it is proper to a supream Prince to exact tribute from the people subject to him as the Apostle teaches Rom. 13. For it is therefore sayes he you pay tributes for they are the Ministers of God serving unto this purpose And yet the King may free such as he please from tributs For it is said 1. of Kings or of Samuel cap. 17. whoever shall kill the Philisthine the King shall enrich him with great riches and shall make his Father's house free from tributes in Israel Even so if some great King do free some one Citty amidst his Kingdom or bestow it absolutely on some body it will not be therefore consequent that he may not be said to be King of his whole Kingdom especially if he still protect and defend that Citty and that the Cittizens thereof do freely observe the laws of his Kingdom So therefore too might Kings exempt from their own Royal power the Clerks living in their Kingdom and yet be said to be and truly be kings not onely of Laicks but also of Clerks who freely observe their politick laws and who being Actors referre or deferre the causes they have with Laicks to their Royal tribunals and acquiesce to their judgment or sentence in such causes And because
its Clients in Ireland or elsewhere 12. That further in or about the year 1658. Richard Ferral an Irish Capuccin did present at Rome to the Congregation of Cardinals de propaganda Fide the wicked Book attributed to him The Book of Lyes of Malice and of the very grand mystery of all mischief and of the very original inveterate and fatal division no less unhappily than cursedly renewed so often these 500 years and last of all by this Firebrand 'twixt those of the meer or more ancient Irish extraction and those of the latter or as they are called of the ancient English Conquerours of that Kingdom under Henry the II. or after in the following Ages And the Book presented of purpose to be as a standing Rule or Module to the said Congregation for governing thenceforward the affairs of Ireland as shewing them in effect and plainly enough 1. That no Families not even of the very eldest English extraction in Ireland how Catholick soever in their formal profession were to be trusted with any Prelacies or other at least chief offices in governing the Clergy either Secular or Regular 2. Declaring in express terms all such to be wicked Politicians addicted wholly to the Protestant Kings and State of England 3. On that account falling also fouly even both upon the Right Reverend Nicholas French Bishop of Ferns and Sir Nicholas Plunket although formerly both of them in such esteem with and so beloved of the Nuncio that they were his Darlings and the two Embassadors recommended so specially by him as by his approbation sent from the Irish Confederates to Rome in the year 1646. And 4. suggesting further That none of those either Bishops or others Secular or Regular who had at any time opposed the Nuncio or Owen O Neill and his Army the onely Catholick Army with this Author ought to have permission from Rome to return home lest they should again corrupt the People and hinder them from the new Catholick Confederacy which the Author so expresly drives at therein Now that such a Book so plainly discovering to the world what the ultimate designs of the Irish Nuncio Party had been still from the beginning and continued yet so to be even in the general desolation of Ireland should be so received and countenanced by that Congregation of Cardinals at Rome as it was then and so indeed that it seem'd in effect to have been their Rule both some years before it was heard of publickly and after too for some other years could not but make the small remainder of the Appellant or peaceable Irish Clergy to despair utterly It is true indeed that now since the years 1668. the Court of Rome seems not so much to regard that National distinction which hath been the old bane of Ireland these 500 years But to their own purpose the Romans have nevertheless effectually regarded even so lately and do still and will evermore while they can a far more advantagious to themselves and much more underminingly dangerous to the rights of the Crown of England and peace of the People not only of Ireland but of other Nations subject to the Imperial Crown of England They have lately made some of English and other Forreign Extraction such as Ferral counts them to be even some of those very Families whom this Author expresly and specifically maligns in the highest degree and have lately I say made some of them even Bishops and Archbishops but nevertheless upon full assurance that they have been alwayes and would hereafter unalterably continue fixâ—d even in all respects to all the very temporal interests and pretences of the great Pontiff And they have thereby impos'd on the generality of those who consider no more but bare names and know not the Romans have only seem'd at present for a time only and some few persons only to have quitted that so odious and invidious charge of that national and fatal distinction and this onely too because it was of no more use to them at least not of so much universal use in the present conjuncture The Romans far more politick than Ferral had seen by experience of how great use a few Prelates of that extraction which he decryes had been to them in Ireland even upon the very first insurrection in Octob. 1641. and much more both in forming the Confederacy at Kilkenny _____ in 1642 and in rejecting the first peace at Waterford in 1646. and in opposing the Cessation first and second peace after in 1648 and finally in the fatal meetings of the Archbishops Bishops and other Ecclesiasticks at Jamestown and Galway in 1650 to overthrow again the said second Peace The Romans knew full well the argument was derived from the conjunction of some few eminent Ecclesiasticks of that extraction with those others albeit the only Catholicks in the said Ferral's Book and the great and effectual use indeed was made in Ireland of that argument to persuade the men of Arms and other Laicks Noblemen Gentlemen and all sorts of that same English or other Forreign extraction For the argument was this in short If said those onely Catholicks it had been lawful in point of Religion or Conscience to oppose the first taking of Arms or the following Confederacy or the rejection of the first Peace or the Censures against the Cessation following or Owen O Neill's holding out so long even against this second Peace or at last the Declaration and Excommunication of the Bishops against that very second Peace or if these matters look'd finally upon the setting up a native of the more ancient Irish extraction or bringing in a Forreign Prince or quitting any due Allegiance to the King of Great Britain then surely Thomas Flemming Archbishop of Dublin Thomas Walsh of Cashel Robert Barry Bishop of Cork Comerford of Waterford Nicholas French of Ferns c. and so many other good men also even of the inferiour Clergy Regular and Secular of that extraction whose name or relations cannot pretend to a foot of Land or House to inhabit in Ireland but by or from the Crown and Laws of England had never join'd with those others And this was the argument that in Ireland was more useful to the ends both of the Romans and first Irish either Insurrecters or Opposers of the following Cessation or Peace than any other than even the very unjust designs of the Lords Justices Parsons and Borlacy yea also than any strength after of those very first or grand designers of the meer or more ancient Irish extraction For it is well known that these had never signified any thing considerable in any of the foresaid undertakings but had been crush'd presently if the English Colonies persuaded by that argument had not join'd with and supported them As even it is no less and even consequentially known by experience that any one Prelate or Churchman at least of parts and repute extracted from the old English stock both hath been heretofore and is at present more able to work
in defence of that Formulary and Subscription thereof according to the best and clearest dictates of his inward Conscience without having ever at any time since entertained the least thought of fear doubt or scruple of any errour sin or unlawfulness either in doing so or in not retracting what he had so done If not sayes he only in or as to some sharp words or not so respectful expressions against my Superiour the Pope if peradventure and wheresoever in my Writings or Books any such words or expressions are or by others may be apprehended to be For such unnecessary circumstantials of words any way savouring of passion I beg God heartily forgiveness But for other matters whatsoever that belong necessarily to the substance of the Doctrine I never had nor can have any remorse of Conscience because I believe it to be the Doctrine of our Saviour Christ by whose blessed merits I hope to be saved and before whose Tribunal I am now to appear And then in the fourth and last place converting himself to me and desiring me to sit by him on the Bed-side and I acordingly sitting there he further declared his Conscience to be That I was bound in Conscience to prosecute still even after his death that matter and continue that defence or advancement of that Doctrine which in his life-time I had for so many years and notwithstanding so much contradiction maintain'd So much truly of that learned modest pious man and so much I mean and such testimony given by himself at Deaths door of his own conscientiousness all along in that quarrel for which my Lord of Ferns great Roman termed him Apostate I can declare with as much assurance and confidence as any thing of my self And were it to purpose the like I could relate of another both learned person and illustrious Prelate too viz. Thomas Dese quondam Bishop of Meath and a Doctor of Paris who likewise in former times i. e. in the unhappy War-time had been no less engaged with me in the great Controversie against the Nuncio Rinuccini and all his Partizans and Censures of Interdict and Excommunication which great Controversie because it all was concerning the independency of the Supreme Temporal power as such from the Church in meer Temporal maâ—ters must consequently in effect have been the same with this other about the Remonstrance Of that excellent Bishop so much persecuted for several years by the rest of his contemporary Irish Bishops for not approving the Rebellion of the year 1641 as lawful in point of Conscience I could relate how when I had of purpose come to visit his Lordship on his death-bed in the Town of Galway and Colledge or House of the Jesuites there and then this was if I remember well when the Parliament Forces were of one side blocking up that Town and however I am sure it was much about the year 1650 or 1651. his Lordship taking me by the hand before all those were present declared in like manner his Conscience as Father Caron did many years after For although his Lordships every individual word then as to the bare literal sound I cannot at this distance of time exactly remember yet I am certain he spake the sense of these words Father Walsh I am heartily glad to see you before I dye that you may hear the Declaration of a dying man as you had his approbation when he was more like to live For I now declare That I have purely out of the internal sentiments of my Soul approved at large under my hand your Book of Queries That were it to be done again I would do it because I learned no other Doctrine from the Catholick Church on the subject of that Book but what is therein clearly asserted And therefore that especially as to that matter I now depart in peace of Conscience to appear at the great Tribunal where nevertheless I hope for mercy not for any justice of my own but through the merits of our common Lord and Saviour Jesus Christ This death-bed Declaration of this Learned man and constantly vertuous Prelate I could alledge with as great assurance as I could Father Carons were it to purpose to alledge either in this place against the foresaid great Roman who termed Me and Caron Apostates And yet I think it may be to some purpose if I tell him as I do now That the death-bed judgment of even only two such learned pious men so delivered to my self had more weight and strength to confirm me in my own former resolutions than the reviling terms of Two thousand even the very greatest Romans written or spoken by them in the dayes or time of their corporal health and worldly pomp and on the subject in controversie betwixt us could shall or ought to have for deterring me from or at all weakning me in the profession and defence of the Christian Doctrine I have learned from my youth and learn'd from the Catholick Church I mean on that same subject However and because I know or at least may rationally think such Romans and others too who have reviled me and Caron in such manner by terming us Apostates meant certainly to charge us with that which is properly commonly or usually imported amongst the vulgar by the abstract Apostacy taken in an infamous sense and some certain respect or species thereof and that nevertheless they only or at least principally and fixedly intend to charge us not in the first or second but third respect before given or third degree or rather indeed properly third species of Apostacy i. e. from the Regular Institute of St. Francis c. as likewise that so high a charge against us they ground solely upon our not appearing beyond Seas when summon'd by the Belgick Commissary General c. as if we had by such non-appearance yea notwithstanding any reason to the contrary forfeited and fallen utterly from that Regular Obedience whereunto by solemn Vow we tyed our selves and consequently turn'd Apostates ab Ordine Regulari or ab Instituto Religioso Divi Francisci and yet not only because this is not the proper place to handle that matter but also because the whole Third Part of my Latin Work intituled Hibernica c and my late printed Letter also in Latin ad Haroldum or to Father Harold are written chiefly to clear us from any sinful disobedience or contumacy in the case and by consequence from such Apostacy for without such disobedience or contumacy it is clear that such Apostacy as grounded only on sinful disobedience must of necessity vanish and further yet because I have some eight years since in my second long Letter to the Bruxel-Internuncio Hieronymus de Vecchiis which Letter may be seen Translated into English in this very Book Treat 1. Part. I. pag. 538. and from thence to pag. 555. sufficiently treated of the very subject therefore I will not give my self any further new and needless trouble on that same point again in this place but
Roman-Catholicks the 17th day of January 1648 and in the 24th year of the Reign of Our Sovereign Lord CHARLES by the Grace of God King of Great Britain France and Ireland c. ORMONDE The DECLARATION intituled thus A Declaration Of the Archbishops and other Prelates and Dignitaries of the Secular and Regular Clergy of the Kingdom of Ireland AGAINST The continuance of His MAJESTIES Authority in the person of the Marquess of ORMOND Lord Lieutenant of Ireland for the misgovernment of the Subject the ill Conduct of His MAJESTIES Army and the violation of the Articles of Peace Dated at Jamestown in the Convent of the Fryers Minors August 12. 1650. THE Catholick People of Ireland in the year 1641. forced to take up Arms for the defence of Holy Religion their Lives and Liberties the Parliament of England having taken a resolution to extinguish the Catholick Faith and pluck up the Nation root and branch a powerful Army being prepared and designed to execute their black rage and cruel intention made a Peace and published the same the 17th of January 1648 with James Lord Marquess of Ormond Commissioner to that effect from His Majesty or from His Royal Queen and Son Prince of Wales now CHARLES II. hereby manifesting their Loyal thoughts to Royal Authority This Peace or Pacification being consented to by the Confederate Catholicks when His Majesty was in restraint and neither He nor His Queen or Prince of Wales in condition to send any supply or relief to them when also the said Confederate Catholicks could have agreed with the Parliament of England upon as good or better conditions for Religion and the Lives Liberties and Estates of the People than were obtained by the above Pacification and thereby freed themselves from the danger of any Invasion or War to be made upon them by the Power of England where notwithstanding the Pacification with His Majesty they were to dispute and fight with their and his Enemies in the Three Kingdoms Let the World judge if this be not an undeniable Argument of Loyalty This Peace being so concluded the Catholick Confederates ran sincerely and chearfully under His MAJESTIES Authority in the person of the said Marquess of Ormond Lord Lieutenant of Ireland plentifully providing vast sums of Monies well nigh half a Million of English pounds besides several Magazines of Corn with a fair Train of Artillery great quantity of Powder Match Ammunition with other Materials for War After his Excellency the said Lord Lieutenant frustrating the expectation the Nation had of his Fidelity Gallantry and Ability became the Author of almost losing the whole Kingdom to God King and Natives which he began by violating the Peace in many parts thereof as may be clearly evidenced and made good to the World I. FIrst The foresaid Catholicks having furnished his Excellency with the aforesaid Sum of Money which was sufficient to make up the Army of Fifteen thousand Foot and Two thousand five hundred Horse agreed upon by the Peace for the preservation of the Catholick Religion our Sovereigns interest and the Nation his Excellency gave Patents of Colonels and other Commanders over and above the party under the Lord Baron of Inchiquin to Protestants and upon them consumed the substance of the Kingdom who most of them afterwards betrayed or deserted us II. That the Holds and Ports of Munster as Cork Youghal Kingsale c. were put in the hands of faithless men of the Lord of Inchiquin's Party that betrayed these places to the Enemy to the utter endangering of the KING's interest in the whole Kingdom This good service they did His MAJESTY after soaking up the sweet and substance of His Catholick Subjects of Munster where it is remarkable That upon making the Peace his Excellency would no way allow His Loyal Catholick Subjects of Cork Youghal Kingsale and other Garrisons to return to their own Homes or Houses III. Catholick Commanders instanced by the Commissioners of Trust according to the Pacification and hereupon by his Excellencies Commission receiving their Commands in the Army as Colonel Patrick Purcel Major General of the Army and Colonel Peirce Fitz-Gerald alias Mr. Thomas Commissary of the Horse were removed without the consent of the said Commissioners and by no demerit of the Gentlemen and the said places that of Major General given to Daniel O Neil Esq a Protestant and that of Commissary of the Horse to Sir William Vaughan Knight and after the said Sir William â—s death to Sir Thomas Armstrong Knight both Protestants IV. A Judicature and legal way of administring Justice promised by the Articles of Peace was not performed but all process and proceedings done by Paper Petitions and thereby private Clerks and other corrupt Ministers inrich't the Subject ruined and no Justice done V. The Navigation the great support of Ireland quite beaten down his Excellency disheartning the Adventurers Undertakers and Owners as Captain Antonio and others favouring Hollanders and other Aliens by reversing of Judgments legally given and definitively concluded before his Commissioners Authority By which depressing of Maritime affairs and not providing for an orderly and good Tribunal of Admiralty we have hardly a Bottom left to transmit a Letter to His Majesty or any other Prince VI. The Church of Cloine in our possession at the time of making the Peace violently taken from us by the Lord of Inchiquin contrary to the Articles of Peace no Justice nor redress was made upon Application or Complaint VII That Oblations Book monies Interments and other Obventions in the Counties of Cork Waterford and Kerry were taken from the Catholick Priests and Pastors by the Ministers without any redress or restitution VIII That the Catholick Subjects of Munster lived in slavery under the Presidency of the Lord of Inchiquin these being their Judges that before were their Enemies and none of the Catholick Nobility or Gentry admitted to be of the Tribunal IX The Conduct of the Army was improvident and unfortunate Nothing hapned in Christianity more shameful than the disaster at Rathmines near Dublin where his Excellency as it seemed to ancient Travellers and men of experience who viewed all kept rather a Mart of Wares a Tribunal of Pleadings or a great Inne of Play Drinking and Pleasure than a well ordered Camp of Souldiers Droghedagh unrelieved was lost by storm with much bloodshed and the loss of the flower of Leinster Wexford lost much by the unskilfulness of a Governour a young man vain and unadvised Ross given up and that by his Excellencies order without any dispute by Colonel Luke Taffe having within near upon 2500 Souldiers desirous to fight After that the Enemy make a Bridge over the River of Ross a wonder to all men and understood by no man without any let or interruption our Forces being within Seven or eight Miles to the place where 200 Musqueteers at Rossberkine being timely ordered had interrupted this stupendious Bridge and made the Enemy weary of the Town Carrig being betrayed by the
Protestants Warde there our Army afterwards appearing before the place the Souldiers were commanded to fight against the Walls and armed men without great Guns Ladders Petards Shovels Spades Pickaxes or other necessaries there being kill'd upon the place above 500 Souldiers valiantly fighting Yet near Thomas-town our Souldiers being of tryed Foot two to one and well resolved were forbidden to fight in the open Field having advantage of ground against the Enemy to the utter disheartning of the Souldiers and People After this the Enemy came like a deluge upon Calan Featbard Cashel Killmalock and other Corporations within the Provinces of Leinster and Munster and the Countrey about rendred Tributary Then followed the taking of Laghlin and Kilkenny then that of Clonmel where the Enemy met with gallantry loss and resistance Lastly Ticrohan and Catharlough two great pillars of Leinster shaken down that of Ticrohan to speak nothing for the present of all other places was given up by orders Waterford block't in is in a sad condition Dunkannon the key of the Kingdom unrelieved since the first of December is like to be given up and lost X. That the Prelates after the numerous Congregation at Cloanmacnoise where they made Declarations for the Kings great advantage after printed and after many other laborious meetings and consultations with the expressions of their sincerity and earnestness were not allowed by his Excellency to have employed their power and best diligence towards advancing the Kings interest but rather suspected and blamed as may appear by his own Letter to the Prelates then at Jamestown written August 2d And words were heard to fall from him dangerous as to the persons of some Prelates XI That his Excellency represented to His Majesty some parts of this Kingdom disobedient which absolutely deny any such disobedience by them committed and thereby procured from His MAJESTY a Letter to withdraw his own person and the Royal Authority if such disobediences were multiplied and to leave the people without the benefit of the Peace This was the reward his Excellency out of his envy to a Catholick Loyal Nation prepared for our Loyalty and Obedience sealed by the shedding of our blood and the loss of our substance XII That his Excellency and the Lord of Inchiquin when enemies to the Catholicks being very active in unnatural executions against us and shedding the blood of poor Priests and Churchmen have shewed little of action since this Peace but for many months kept themselves in Connaught and Thumond where no danger or the Enemy appeared spending their time as most men observed in play pleasure and great merriment while the other parts of the Kingdom were bleeding under the Sword of the Enemy This was no great argument of sense or grief in them to see a Kingdom lost to His MAJESTY XIII That his Excellency when prospering put no trust of places taken in into the hands of Catholicks as that of Droghedagh Dundalk Trim c. and by this his diffidence in Catholicks and by other his actions and expressions the Catholick Army had no heart to fight or to be under his command and feared greatly if he had mastered the Enemy and with them the Commissioners of Trust or the greater part of them and many Thousands of the Kingdom also feared he would have brought the Catholick Subjects and their Religion to the old slavery XIV We will not speak of many Corruptions and Abuses as passing of a Custodium upon the Abby of Killbegaine worth in past years to the Confederates well nigh 400 l. per annum to Secretary Lane for 40 l. or thereabouts per annum nor of many other such like to Daniel O Neil and others at an under-value to the great prejudice of the Publick XV. We do also notifie to the Catholicks of the Kingdom most of the above Grievances and breaches of the Peace being delivered to the Commissioners of Trust in February last that the Clergy and Laity receiving redress or justice the discontent of the Subject might be removed no amendment appeared after eight months effluxed but the evil still continued that occasioned the ruine of the Nation And we also protest to the whole World having done our best we have no power to remove the jealousies and fears of the People Besides the above Injuries and violation of the Articles of the Peace against Religion the Kings interest and the Nation nothing appearing before the eyes of the People but desolation waste burning and the destruction of the Kingdom three parts of four thereof being come under contribution to the Enemy Cities Towns and strong holds taken from them Altars pulled down Churches lost Priests killed and banished Sacraments and Sacrifices and all things holy profaned and almost utterly extinguished Armies and great numbers of Souldiers by them maintained and the Enemy not fought withall those that would fight for them born down and those that would betray them cherished and advanced finally no visible Army or defence appearing they are come to despair of recovering what is lost or defending what they hold and some inclining for safety of their lives and estates do compound with the Parliament persuading themselves no safety can be to any living under the Government of the LORD LIEUTENANT attended by fate and disaster For prevention of these evils and that the Kingdom may not be utterly lost to His MAJESTY and His Catholick Subjects this Congregation of Archbishops Bishops and other Prelates and Dignitaries of both Clergies of this Kingdom found our selves bound in Conscience after great deliberation to declare against the continuance of His Majesties Authority in the person of the said Lord Marquess of Ormond premitting this Protestation to the world That we had never come to such Declaration but that we and the People of this Kingdom generally despair of the Kingdoms recovery under his Government as hereby we do declare as well in our own names and behalf as in the names and behalf of the rest of the Catholicks of this Kingdom against him the said Marquess of Ormond having by his misgovernment ill Conduct of His Majesties Army and the breach of Publick Faith with the People in several particulars of the Articles of the Peace rendered himself uncapable of continuing that great Trust any longer being questionable before His Majesty for the said injuries and ill Government to which effect we will join with other members of this Kingdom in drawing a Charge against him and we hereby manifest to the People they are no longer obliged to obey the Orders and Commands of the said Lord Marquess of Ormond but are until a General Assembly of the Nation can be conveniently called together unanimously to serve against the common Enemy for the defence of the Catholick Religion His Majesties interest their Liberties Lives and Fortunes in pursuance of the Oath of Association and to observe and obey in the mean time the form of Government the said Congregation shall prescribe until it be otherwise ordered by an
prosecute Our determination to run all possible hazards for the Kings service and the preservation of the Nation We received from you the abovementioned Propositions which how far they may be conducible to that end We know not but do wish what We are able to do for your satisfaction and the satisfaction of the People upon them may have the effect aimed at and that with the speed necessary for your and their preservation II. To the second We do not understand how the most of the present distresses of the Kingdom could proceed from the want of a Privy Council nor considering the State of the Kingdom the power intrusted with the Commissioners their abilities and how freely We communicate with them things of greatest importance how the framing of such a Council can advantage the management of the War which is now the only matter of State And that consisting only of provision to be made for an Army and the employing that Army to the best advantage is or may be as well done by the advice and assistance of the said Commissioners as by any Council of State who will have no power to raise men or to provide for them and to whom designs upon the Enemy are no further to be communicated than We shall think fit And with such We shall as readily acquaint the Commissioners and as soon be advised by them as any other We can think of the rather that We know none upon whose faith and judgment we may more safely depend nor that can better assist Us in any thing they shall be advised with by reason of their knowledge of the ability and burthen of the Kingdom which We doubt the state of most men considered cannot but be increased by a Privy Council For these Reasons We think not fit unnecessarily to presume upon doing a thing for which We neither have power nor president Yet rather than there should be any thing wanting that is in Our power to satisfie the People let the particular Acts that Privy Counsellors have heretofore done and are now necessary be instanced and as far forth as they shall appear necessary and fit We shall qualifie persons free from just exception with such powers III. All this Proposition is assented unto and as far forth as concerns Us shall be observed and immediately put in execution save that if it be intended the Commissioners should give their consent to what particular Officers should be established We conceive that a power wherewith they are not qualified by the Articles nor fit for Us to bind Our Self or any other chief Governour unto And for the not multiplying or exceeding the numbers to be fixed upon but by further solemn establishment We consent unto it as far as the same is agreeable to the Articles of Peace IV. To be explained what is intended by exact wariness or what is understood by probable circumstances V. The too punctual observation of this Proposition hath been of worse consequence than the particulars complained of have been And We expect that if the Articles of Peace be found destructively strict in this point they may be dispensed with and not only Our Self but whoever commands a considerable Party of the Army upon any Expedition may have power to Garrison any place he shall conceive necessary without consulting any man VI. This is to be explained as to particulars and then such answer shall be given as is fit and agreeable to the power given Us by His Majesty and the Articles of Peace VII We have been alwayes ready to comply with this Proposition and have more than once made offer of it witness the Commissioners and are still ready to perform what in this point We are obliged unto by the Articles of Peace VIII This Proposition is assented unto and was never hindred by Us save as to the disposing of money wherein We insist upon and shall conform Our Self to the Articles of Peace and could wish that others besides the Receiver General accomptable for great Sums of money both before and since the Peace had been or might be brought to accompt for the ease of the Kingdom IX We are ready to do justice unto the Countrey and upon the Offenders mentioned in this Proposition in such manner and with such assistance as is usual and requisite in like cases and to that effect We desire that particulars may be instanced X. To be Explained XI VVe acknowledge this Proposition to be pursuant to the Letter of the Articles of Peace and that by unavoidable necessity it hath been infringed and VVe affirm that in the case the Kingdom is the strictness thereof must be dispensed with or othewise certain provision made for the Army else no service can be done Signed ORMOND To which Answers they took no exception but as being satisfied with them made the following Declaration in their own names and the names of their Brethren the rest of the Bishops of the Kingdom The Declaration of the undernamed Bishops in the name of themselves and the rest of the Bishops convoked at Lymerick as deputed by them presented to His Excellency the Lord Marquess of Ormond LORD LIEUTENANT for His MAJESTY and General Governour of Ireland c. MAY it please Your Excellency to be informed That we are very sensible of the Jealousies and Suspitions conceived of us as was intimated unto us that we believe arising from some disaffected and misunderstanding persons that spare not to give ill characters of us as if these deplorable times wherein our Religion King and Countrey are come to the vertical point of their total ruine and destruction it should be imagined by any that we behave our selves like sleeping Pastors in no wayes contributing our best endeavours for the preservation of the People which ought to be more dear unto us than any other worldly thing that may be thought of Wherefore as well for the just vindication of our own reputation against such undeserved aspersions as for future testimony of our sincerity and integrity to endeavour alwayes the safety of the People and to manifest to Your Excellency as the Kings Majesties Lieutenant and chief Governour of this Kingdom that no labour or care of ours hath been or shall be wanting to proceed effectually to any Proposals You will please to make known unto us that may conduce to those ends We thought it therefore fit to present this Declaration of our real intentions in the name of our selves and the rest of our Brethren the Archbishops and Bishops of this Kingdom whereby we avow testifie declare and protest before God and the World That since our general meeting at Cloanmacnoise or there we have omitted nothing that did occur unto us tending to the advancement of His Majesties interest and the good of the Kingdom generally but have there and then ordered and decreed all things to us appertaining or which was in our power necessarily conducing to the publick conservation of His Majesty and His Subjects interest And also
pay We neither know when or where it was or who had more The manner of Mr. Daniel O Neal â—s coming into Command was thus he had taken great pains in bringing his Uncle General Owen O Neil to submit to the Peace and His Majesties Government so did he effectually labour after that work was effected to bring the Vlster Army to Our assistance when Cromwel was in his march from Dublin towards Wexford Owen O Neil being sick the Army was conducted by Lieutenant-General Farrel and Major-General Hugh O Neil but when it joined with the Leinster Munster and Connaught Forces and some English and Scottish Horse and Foot We found great difficulty how to distribute Orders with satisfaction to all these Parties the Vlster Party being unwilling to receive them by Major-General Purcell and the rest were as unwilling to receive them by Major-General Hugh O Neil But all Parties were content to receive them from Daniel O Neil and by him they were distributed and Major-General Purcell was sent into Munster where he had and exercised a Command in chief in the absence of superiour Officers nor was his Commission annulled or a new one of his place given to any other to this day So that if the displacing him or any other Officer without the consent of the Commissioners had been a breach of the Articles of Peace as it is not there is no Truth in the Affirmation that he was displaced Fourth Article of the Declaration A Judicature and legal way of administring Justice promised by the Articles of Peace was not performed but all process and proceedings done by Paper-petitions and thereby private Clerks and other corrupt Ministers enriched the Subjects ruined and no Justice done ANSWER For Answer to this We refer you to Our Answer to the Third Article of the said pretended Grievances Which Article and Answer are as followeth Article viz. The Third of those called the Grievances That whereas it was by the said Articles concluded there should be Judicatures raised and established in this Kingdom for doing of Justice and legal determining of differences and controversies arising betwixt His Majesties Subjects Articles of Peace art 13. see pag. 49. of the Append. of Instrum and that the Council-Table should onely meddle with matters of State and should not intermeddle with common business within the cognizance of the ordinary Courts nor with altering possession of Land nor make nor use private Orders Hearings or References concerning any such matters c. and the proceeding in the respective presidency Courts should be pursuant and according to His Majesties printed Book of Instructions and that they should contain themselves within the limits prescribed by that Book when the Kingdom should be restored to such a degree of quietness as they be not necessarily enforced to exceed the same Yet the People generally complain the said Judicatures have not been raised nor any other way prescribed for the determining of such controversies but the Council Table or rather the Lord Lieutenant alone and the Presidency or President alone took to them cognizance of all Causes and arbitrarily on Paper Petitions determined all Causes extrajudicially even to the altering of possessions and in consequence thereof to the determination of Titles and right of inheritance And though the present disuse of the Law as aforesaid is in the peoples mouth a heavy grievance at the present yet will Posterity have just cause to tell abroad That in the not erecting Inns of Court in pursuance of the said Articles of Peace through which to convey to them the knowledge of the Law See the Articles of Peace art 8. before in the Appen of Instrum pag. 49. they are given up to ignorance of government obedience or property And though the Province of Munster was not since January last in such absolute tranquility as before the War yet did not the state of it require a transgression of his Majesties said Book of Instructions which yet was violated in the practice of that Court by the Commissioners there intrusted being generally uninterested in the Kingdom in blood or fortune and all Protestants by reason whereof the less indifferency in matters relative to Religion was afforded to the Catholicks ANSWER Art the 8. ibid. By the Articles of Peace Judicatures were to be raised and Judges named by the advice and with the consent of the Commissioners For which purpose VVe sent to His Majesty for leave to make and use a great Seal which as soon as VVe had received VVe caused a great Seal to be made and were at all times ready to have agreed with the Commissioners what kind of Judicatures to raise and with what persons to have supplied them as will not be denied by the said Commissioners Which may suffice for Us to answer to that particular We acknowledge That according to the necessary power at all times invested in the chief Governour or Governours of this Kingdom VVe have received many Petitions and to the best of Our understanding have made just and equal Orders and References upon them and have also upon Certificate of the ablest men VVe could find finally determined some of them but never to the alteration of possession unless perhaps upon clear proof of forcible intrusions by violence contrary to all the Rules of Law and Reason Which if VVe had not done during the want of Judicatures every mans power would have been his Judge in his own cause What the Presidency or President have done irregularly or contrary to the Articles of Peace they shall be brought to answer when they or he shall be particularly charged That Inns of Court have not been erected according to the Articles of Peace Posterity may tell as loud as they please but if they have Schools to learn English enough to read the Articles of Peace they will find that His Majesty was only to enable the Natives of this Kingdom to erect one or more Inns of Court in or near the City of Dublin or elsewhere as should be thought fit by His Majesties Lord Lieutenant or other chief Governour or Governours for the time being Whereby by the scope of the Article which is for removing of incapacities it is plain the said Inns of Court were not to be erected at His Majesties charge And sure no man will have the impudence to say That VVe who had the honour to govern under His Majesty did give the least interruption to the erecting of them or that ever it was proposed to Us to give way to the erection of the said Inns. Whereof VVe confess there was never more need if their property be to instruct the People in their duty of obedience to Government with this addition That to charge Us with want of doing Justice without instancing the particular cases wherein VVe failed thereby taking from Us the means to vindicate Our Self from so high a Crime is sutable to the justice and practises of these Declarers Fifth Article of the Declaration The
Navigation the great support of Ireland quite beaten down his Excellency disheartning the Adventurers Vndertakers and Owners as Captain Antonio and others favouring Hollanders and other Aliens by reversing Judgments legally given and indefinitely concluded before his coming to Authority By which depressing of maritime affairs and not providing for an orderly and good Tribunal of Admiralty we have hardly a Bottom left to transmit a Letter to His Majesty or any other Prince ANSWER Here again VVe are charged in general with disheartning Adventurers Undertakers and Owners and no man named but Captain Antonio nor the particular wherein he was disheartned set down We are further charged with reversing of Judgments legally given and definitively concluded before Our coming to Authority but no particular Judgment so reversed is or indeed can be instanced So that all VVe can answer to this part is That it is not true and for what remains That VVe placed the power of Admiralty in this Kingdom according to the Assemblies instance and from time to time gave Commissions to such persons as the Commissioners desired in several parts to hear and determine maritime causes Sixth Article of the Declaration The Church of Cloine in our possession at the time of making the Peace violently taken from Vs by the Lord Inchiquin contrary to the Articles of Peace no Justice or Redress was made upon Application or Complaint ANSWER For Answer to this VVe refer you to Our Answer to the first Article of the pretended Grievances which Article and Answer are as followeth Article viz. The first of those called the Grievances First They have not been suffered to enjoy the Churches and Church-livings which in the time of the perfection of the Articles of Peace they possessed but were after the said Articles made and perfected put forth expelled and still kept out of possession of divers Parish-Churches and their Tythes and Livings and even of some of the Cathedral Churches and many of the Prelates and Pastors hindred from exercising of their respective Jurisdictions and Functions amongst their Flocks and Grants made of some of their Bishopricks and their Livings which sithence the War or the greatest part of it hath been and yet is in the possession of the Catholick Bishops to Protestant Bishops and notwithstanding the Prelates and Clergy in the Counties of Cork and Waterford where chiefly those Grievances happened have made suit for remedy yet have they obtained no redress in their suits nor have they say the Commissioners of Trust in whom the last General Assembly of the Confederate Catholicks of this Nation which concluded the said Peace put their confidence for procuring an effectual compliance with the said Articles and seeing in no point they should be violated or broken in this so important a point concerning the Church given effectual furtherance for recovering their right to the said Prelates and Clergy Answer viz. To that first Article of those called the Grievances First We deny that they if thereby be meant the Roman-Catholick Clergy were not suffered to enjoy the Churches and Church-livings which at the time of perfecting the Articles of Peace they possessed or that by the Articles of Peace they ought to possess And as to the instances made in the Margent the composers of this Article do very well know That their possession of those Churches and Church-livings were flatly denied by the Protestant Clergy And it is very well known to the Commissioners who followed that business with diligence and earnestness enough That We never refused nor delayed to afford them any just means of bringing that Controversie to a final end till at length by Treachery and the Rebels power the Things controverted were lost to both Parties Nor was there any Complaint made unto Us since the conclusion of the Peace till now that the Romish Prelates or Pastors or any of them have been hindred from exercising their respective Jurisdictions and Functions amongst their Flocks except one Complaint made of the Governour of Dungarvan wherein We were ready to have given such Redress upon hearing all Parties as should have been found fit if the said Complaint had been prosecuted We know of no Grant made by His Majesty of any Bishoprick whatsoever since the conclusion of the Peace nor can We find any Article of the Peace that restrains His Majesty from making such Grants so the Roman-Catholick Bishops be not thereby dispossessed of what they were possessed of upon conclusion of the Peace until His Majesty declare His pleasure in a Free Parliament in this Kingdom And whatever His Majesty might intend to declare the making of Protestant Bishops could be no anticipation thereof to the prejudice of the Roman-Catholicks since Bishops are held essentially necessary to the exercise of the Religion of the Church of England Seventh Article of the Declaration That Oblations Book-monies Interments and other Obventions in the Counties of Cork Waterford and Kerry were taken from the Roman-Catholick Priests and Pastors by the Ministers without any redress or restitution ANSWER For this We answer That it was conceived by the Ministers herein mentioned that where they had possession of the Church-livings the Obventions here mentioned were also due to them But whether it were or not sure We are there was never any Complaint made to Us in this particular till Our coming to Tecroghan after the loss of Droghedagh and that within a very little time after before the truth of the Allegation could be examined the Towns of Munster revolted and the business was so decided at least if any difference of this kind continued in the County of Kerry which was longer held We never after Our being at Tecroghan heard of it that We remember Eighth Article of the Declaration That the Catholick Subjects of Munster lived in a slavery under the Presidency of the Lord Inchiquin those being their Judges that before were their Enemies and none of the Catholicks Nobility or Gentry admitted to that Tribunal ANSWER To this VVe answer That no complaint of any such slavery imposed by the said Lord President or Presidency was made to Us but on the contrary That upon his Lordships instance VVe directed Our Letters to him to swear and admit of the Council of that Province the Lord Viscount Roch of Fermoy the Lord Viscount Muskery Major General Patrick Purcell Lieutenant Colonel Gerard fitz Morrice and others all which were written unto by the Lord President to come to him to be sworn accordingly whereof the Lord Muskery Major General Patrick Purcell and Lieutenant Colonel Fitz Morrice were sworn but the rest not coming according to the Letters could not be sworn Ninth Article of the Declaration The conduct of the Army was improvident and unfortunate nothing happened in the Christianity more shameful than the disaster at Rathmines near Dublin where his Excellency as it seemed to ancient Travellers and men of Experience who view'd all kept rather a Mart of Wares a Tribunal of Pleadings or a great Inne of
thorough the good affection to His Majesty of divers Officers and Souldiers rather than forced by Siege or otherwise with some of whom We conceived it fit to leave the charge thereof What actions or expressions of Ours they were that disheartned the Roman-Catholicks to fight or be under Our Command is not here set down So that VVe can no otherwise answer to this than that VVe never did any such action or let fall any such expression but were indifferent in Our actions and expressions of civility and respect to all the Officers of the Army VVhat these Catholicks and many Thousands of the People with the Commissioners of Trust or the greater part of them might Fear if We had mastered the Kingdom VVe are not to answer for But if they feared VVe would in case We had mastered the Kingdom have infringed any of the Articles of Peace their fear was unjust and groundless nor have VVe ever before heard there was such a fear in them Fourteenth Article of the Declaration We will not speak of many Corruptions and Abuses as passing a Custodium upon the Abby of Kilbeggan worth in past years to the Confederates well nigh 400 l. per annum to Secretary Lane for 40 l. or thereabouts per annum not of many other such like to Daniel O Neil and others at an under-value to the great prejudice of the Publick ANSWER To this We answer That they have in Truth no reason to speak of any particular Corruptions and Abuses in this Article generally mentioned that which they instance in Secretary Lane's having a Custodium of Kilbeggan being so false that he never had any thing to do with it If they had had a truer instance VVe suppose they would not have spared to make use of it What Daniel O Neil had they set not down nor till they do are We able to answer it Fifteenth Article of the Declaration We do also notifie unto the Catholicks of the Kingdom most of the above Grievances and breaches of the Peace being delivered to the Commissioners of Trust in February last that the Clergy and Laity receiving redress and justice the discontent of the Subject ought to be removed no amendment appeared after eight months effluxed but the evil still continued that occasioned the ruine of the Nation and we also protest to the whole World having done our best we have no power to remove the jealousies and fears of the People ANSWER If these abovementioned pretended Grievances whereof most are disproved and some confessed and proved to be no breaches of the Peace were delivered to the Commissioners of Trust in February last We never saw them till September after the meeting at Jamestown in August last And if hereby be meant that Paper of pretended Grievances without Title or Subscription whereunto We have sent you Our Answers We never saw them till the 17th of August last The Conclusion of the Declaration Besides the above injuries and violation of the Articles of the Peace against Religion the Kings interest and the Nation nothing appearing before the eyes of the People but desolation waste burning and the destruction of the Kingdom three parts of four thereof being come under Contribution to the Enemy Cities Towns and strong Holts taken from them Altars pulled down Churches lost Priest killed and banished Sacraments Sacrifice and all things holy profaned and almost wholly extinguished Armies and great numbers of Souldiers by them maintained and the Enemy not fought withal those that would fight for them born down and those that would betray them cherished and advanced Finally no visible Army or defence appearing they are come to a despair of recovering what is lost or defending what they hold and some inclining for the safety of their Lives and Estates do compound with the Parliament persuading themselves no safety can be to any under the Government of the Lord Lieutenant attended by fate and disaster For prevention of those evils and that the Kingdom may not be lost to His Majesty and His Catholick Subjects this Congregation of Archbishops and other Prelates and Dignitaries of both Clergies of this Kingdom found our selves bound in Conscience after great deliberation to declare against the continuance of His Majesties Authority in the person of the said Marquess of Ormond premitting this Protestation to the World That we had never come to such Declaration but that we and the People of this Kingdom generally despair of the Kingdoms recovery under his Government as hereby we do declare as well in our own names and behalf as in the names and behalf of the rest of the Catholicks of this Kingdom against him the said Marquess of Ormond having by his misgovernment ill conduct of His Majesties Army and the breach of Publick Faith with the People in several particulars of the Articles of Peace rendred himself incapable of continuing that great trust any longer being questionable before His Majesty for the foresaid injuries and ill government to which effect we will join with other members of this Kingdom in drawing a charge against him And we do hereby manifest to the People They are no longer obliged to obey the Orders and Commands of the said Lord Marguess of Ormond but are until a General Assembly of the Nation can be conveniently called together unanimously to serve against the Common Enemy for defence of the Catholick Religion His Majesties interests their liberties lives and fortunes in pursuance of the Oath of Association and to observe in the mean time the Form of Government the said Congregation shall prescribe until it be otherwise ordered by an Assembly or until upon application to His Majesty he settle the same otherwise And we do fulminate the annexed Excommunication of one date with this Declaration against all opposers of the same Declaration All ye good Christians that shall read this our Declaration forced from us by the affliction and disasters of distressed Ireland be pleased to know that we well understand the present condition of this Nation is more inclining to ruine and despair than recovery yet will we relie upon the mercy of God who can and will take off from us the heavy judgments of his Anger War and Plague if we shall amend our wicked lives and lean like little ones upon the arms of his mercy As we cry to Heaven for remedy let us confess with tears our sins saying with the Prophet Isaiah Cecidimus quasi folium universi iniquitates nostrae quasi ventus abstulerant nos Non est qui invocet nomen tuum Domine non est qui consurgat teneat te Abscondisti faciem tuam a nobis allisisti nos in manu iniquitatis nostrae This language from the heart will reconcile Heaven unto us quiescet ira Dei erit placabilis super nequitia populi sui Though this Nobleman hath left us nothing but weakness want and desolation and that the Enemy is rich strong and powerful God is stronger and can help us