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

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THE History Vindication OF The Loyal Formulary or Irish Remonstrance So Graciously Received by His MAJESTY Anno 1661. AGAINST All CALUMNIES and CENSURES IN SEVERAL TREATISES WITH A True Account and Full Discussion of the Delufory Irish Remonstrance and other Papers Framed and Insisted on By the National Congregation at Dublin Anno 1666 And Presented to His MAJESTIES then Lord Lieutenant of that Kingdom the Duke of ORMOND But Rejected by HIS GRACE To which are added THREE APPENDIXES Whereof the Last contains The Marquess of Ormond Lord Lieutenant of Ireland His LONG EXCELLENT LETTER Of the Second of December 1650. In Answer to both the DECLARATION and EXCOMMUNICATION of the Bishops c. at Jamestown THE AUTHOR Father Peter Walsh of the Order of St. Francis Professor of Divinity Melior est contenti● pietatis causa suscepta quàm vitiosa concordia Greg. Nazianz. Orat. 1. pro Pace Printed Anno M.DC.LXXIV TO THE CATHOLICKS OF ENGLAND IRELAND SCOTLAND And all other DOMINIONS UNDER His Gracious Majesty CHARLES II. My Lords Fathers and Gentlemen HOw customary soever amongst Writers both ancient and modern sacred and profane the Dedication of Books hath been as well sometimes only to desire patronage as at other times gratefully to acknowledge benefits yet I do ingenuously confess it was nor this nor that end nor indeed any private regard whatsoever made me after some debate with my self resolve at last upon a Dedicatory Address to the most illustrious name of British and Irish Catholiks that name of names and most glorious of titles so peculiarly challeng'd and zealously contended for by you as the proper inheritance of those in this famous Empire of Great Brittaine that continue in Ecclesiastical Communion with the Catholick Bishop of old Rome What induced me to this Dedication or rather what required it as a duty of me was your undenyable concern above others in the subject or matters treated in this Book and indeed whole design of it even that very publick and great concern of yours appearing all along to be so proper so intrinsick nay so essential to the Book it self and if I may speake freely that very concern of yours the most universal and most considerable of any can be thought of at present by you To evidence your being every one so concern'd I think there needs no more than to consider what the said subject is It is 1. in general the old and fatal Controversie of late again much more unreasonably and vehemently if not more unhappily too then at any time before renewed amongst his Majesties Roman Catholick Subjects especially those of Ecclesiastical Function about the nature measures and obligation of Allegiance due to His Majesty from them in meer temporal things only And 2. in particular it is for one moyety or principal part thereof the Loyal Formulary of remonstrating promising and protesting indispensable Faith and Obedience to our Gracious King Charles the Second in all civil and temporal t●ings whatsoever according to the Laws of the Land or of His Kingdoms respectively Which Formulary was first conceived and agreed upon in the Reign of His Majesties Father of glorious Memory about five and thirty years since by the Roman Catholicks of England or at least some leading persons of them but more lately viz. after His present Majesties happy Restauration and more effectually too was espoused by considerable numbers of those of Ireland for many evident Reasons The chief Reason was the rather by that means to induce His Sacred Majesty to command the ceasing of a rigorous persecution which was then * 1661. actually on foot in that Kingdom under the Triumvirat of Sir Maurice Eustace Lord Chancellor and the Earls of Orrery and Mountrath against all Roman Catholicks universally without distinction or exception of any After much both private and publick debate about this Formulary in the years 1661 and 1662 it not only was subscribed at several times and places by the proper hands of threescore and ten of their Clergy whereof a Bishop was one and a hundred sixty four of their chiefest Lay Nobility Gentry and Proprietors whereof one and twenty were Peers viz. seven Earls nine Viscounts and five Barons but immediately after the first Subscription at London anno 1661. was solemnly presented to and graciously accepted by His Majesty And I suppose they that had any dislike of it in those dayes were well enough pleased with their shares of the success which was His Majesties effectual countermanding the winds and tempest of persecution throughout Ireland and his gracious smiling on the distressed Catholicks both People and Clergy of that Island This honest Formulary now commonly called the Irish Remonstrance so necessarily and piously espoused thus by so many good Patriot-Subscribers as a conscientious Christian full and satisfactory profession of the duty which by all Laws divine and humane they as well as all other Subjects owe His Majesty against all pretences of the Pope to the contrary was even for that very cause i. e. for being so Christianly honest and sincerely loyal soon after traduced and impugned by sundry Ecclesiasticks of the Roman Communion and chiefly by many of those Irish who had received most benefit by it These good men were not content by their reproaches and calumnies to make it odious at home but also dealt so by their disloyal Arts and powerful Friends in other Countries that they got it to be censur'd and condemn'd in formal terms as unlawful detestable sacrilegious yea in effect as schismatical and heretical by the publick Censures of the Lovain Theological Faculty and publick Letters also both of the Bruxell-Internuncio's De Vecchii and Rospigliosi and of the Roman Cardinals De propaganda Fide under the presidency of Cardinal Francis Barbarin himself though amongst other his many titles at Rome stiled Protector of England Having thus gotten the face of Authority on their side they have not ceased ever since for twelve years to the present 1673 but especially these five or six last years have in a most furious manner proceeded even with all the vilest arts of malicious Cabals Conspiracies Plots Libels and an Impostor Commissary and a forged Commission and all the most lying slanders imaginable to persecute and defame the few remaining constant Ecclesiastical Subscribers They have kept them in continual chace with all the greatest and all the most illegal most uncanonical extent of an abused Power with monitories citations depositions excommunications denunciations and even publick affixion or posting of them Of which extremely unjust and scandalous procedures against men no way contumacious as I have sufficiently proved * Vid. Hibernica Valesii Tert. Part. Epist Prim. ad Haroldum there was no cause in nature that appeared or was pretended but a manifest design to force them to renounce their Allegiance to the King by retracting their Subscriptions When they had found them of proof against these attempts under colour of Law they broke out into rage and being
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-pl●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
Dignities and Offices whereby they constituted the said Father Walsh their Agent and Procurator to His Majesty and great Ministers to kiss His Majesties hands in their behalf and name c. Giving him moreover all the power authority and jurisdiction they could to act for them and the rest of the Clergy and Catholicks of Ireland and to do all things he should find expedient in order to obtain what favours His Majesty should think fit by connivence or otherwise for the exercise of their Religion and to save them from persecution on that account To which Instrument of Procuration many others afterwards did subscribe and put their Seals as soon as they saw it in particular the Bishop of Dromore and the Bishop of Ardagh with their own hands and the Bishop of Ferns by his proxy and special Commission from Spain to that end That the rest of the chief Superiours of the Clergy in other parts of Ireland did not the reason was given that the times then when it was done and sent to London were such as no Messenger would undertake to go about with the Instrument and to meet together it was impossible and all thought it sufficient for all that the Primate and those other Bishops and Vicars General had already done it especially whereas it was known that the Primate himself drew that Instrument Which I thought fit to insert here word by word as it is in the original writing To the end some persons who are yet unsatisfied in this matter may see what warrant the said Procurator had from the Clergy themselves to act for them and urge them far more yet then he hath to do themselves right In Dei nomine Amen Sciant vniversi per praesentes quod nos qui huic instrumento Procuratorio subscripfimus eligendum duximus sicut per praesentes eligimus nominamus facimus et constituimus Reverendum admodum et venerabilem virum Fratrem Patrem Petrum Valesium Ordinis Sti Francisci Recollectum S. Theologiae Lectorem c. nostrum Procuratorem Agentem et negotiorum Actorem et Gestorem ut nostro omnium nomine et vice osculetur Sacras manus Serenissimi Domini Regis nostri Caroli II. congratuleturque ejus felici et faustae inaugurationi et ingressui in sua Regna Monarchiam et Imperium Eidemque Serenissimo Domino Regi vota et preces nostras humiliter offerat et praesentet et coram sua Sacra Majestate Judicibus Commissionariis Delegatis et Ministris quibuscumque ab eodem Serenissimo nostro Rege ad id deputatis aut deputandis proponat agat sollicitet et promoveat causam Catholicorum et libertatis sive tollerantiae exercitii Religionis Catholicae in hoc regno Hiberniae Vt saltem procuret nobis eas conditiones favores et gratias quae in Articulis Pacis et Reconciliationis an 1648. compositae ratae et confirmatae inter Excellentissimum Dominum Marchionem Ormoniae et Confederatos Catholicos pactae et promissae nobis fuerunt omniaque alia proponat agat et concludat nostro omnium nomine quae in ordine ad dictam sollicitationem et Agentiam necessaria aut conducibilia fuerint Proinde damus eidem venerabili et Rdo. admodum Patri omnem potestatem Authoritatem et Iurisdictionem in quantum possumus aut debemus ut ad debitum effectum perducat pacem tranquillitatem et quietem Religionis Catholicae in hoc Regno Rogantes ut eidem credentia et fides abundé in omnibus habeâtur In quorum fidem has signaturis et sigillis nostris muniri fecimus Primo Jan. 1660. In the name of God Amen Be it known to all men by these presents that we who have subscribed this Procuratory Instrument have thought fit to elect as we do by these presents elect name make and constitute the very Reverend man Father Peter Walsh Recollect of the Order of St. Francis and Reader of holy Theology c. our Procurator Agent Actor and Doer of our affairs that in all our names and place he may kiss the Sacred hands of our most Serene Lord and King Charles the Second and congratulate his happy and fortunate inauguration and ingress into his Kingdoms Monarchy and Empire and that he may humbly offer and present unto the same most Serene Lord and King our vows and prayers and that before his Sacred Majesty Judges Commissioners and Delegats and other Ministers soever deputed already or hereafter to be deputed by the same our most Serene King he may propound act sollicit and promote the cause of Catholicks and of the liberty or tolerancy of exercise of Catholick Religion in this Kingdom of Ireland That at least he may procure to us those conditions favours and graces which in the Articles of Peace and Reconciliation in the year 1648. compounded ratified and confirmed betwixt the most excellent Lord Marquess of Ormond and the Catholick Confederats were conditioned for and promised to us And that he may propound act and conclude in all our names all other things which in order to the said sollicitation and Agency shall be necessary or conducing Therefore we give the same venerable and very Reverend Father all power authority and jurisdiction as much as we can or ought that he may bring to a good issue the peace tranquillity and quiet of Catholick Religion in this Kingdom praying that credence and beleef may be given him abundantly in all things In witness whereof we have strengthned these with our subscriptions and Seals 1. of Ian. 1660. Edmundus Archiepiscopus Ardmachanus totius Hiberniae Primas Fra. Antonius Episcopus Medensis Fra. Oliverus Episcopus Dromorensis Patricius Episcopus Ardaghadensis 1665. Cornelius Gaffneus Vic. Gen. Ardachaden Oliverus Dese Vic. Gen. Medensis Ego Jacobus Cusacus S. Theologiae D. fretus authoritate et commissione speciali Rmi D. Nicholai Episcopi Fernensis huic instrumento Procuratorio ejusdem Illmi ac Rmi D. Episcopi nomine subscribo die 8. Sep. 1662. Iacobus Dempsy Vic. Apostolicus Dublinensis c. Fra Ioannes Scurlog Ord. Praedicatorum Fra. Barnabas Barnewallus Ord. Capucinerum Fra Paulus Brownus Carmelita Discalocatus When the said Peter Walsh had in the same month of Ian. 1660. according to the English stile for it was 61. according to the Roman received this Instrument at London by the hands of the Reverend Father Antony Gearnon of St. Francis's Order and shewed it immediately to my Lord Lieutenant although as he expected he was soundly checked by His Grace for daring to receive such an Instrument from such men that is men as to the generality and chief of them formerly and lately too so charactered as they were for being in their inclinations and carriage very much disaffected to His Majesties interests and very obnoxious to the laws yet he ceased not ever after upon all good opportunities to act for them and all the rest of the Irish Clergie of their communion indifferently and without any distinction and endeavour to worke their peace
nation should highly rejoyce the miraculous Restauration of Charles the Second their natural King their only deliverer from the hard and intollerable durance and tyranny which they so many years have suffered in his absence under the suppressions of an Vsurped power and the Irish Clergie doth hold themselves by double obligation so to do first by the tye of natural subjection to their most gracious and lawful Prince secondly that they may vindicate themselves from the innumerable calumnies and lyes whereby they are misrepresented unto the King and his Ministers most falsely suggested to them that they intend to raise rebellion and tumults Wherefore we the whole body of the Dominican Friers unanimously that it may appear to the world with what sincerity of mind and purity of intension we are inclined to our Soveraign Charles the Second following the steps of our predecessors and fully satisfied in our conscience first do render most hearty thanks unto the King of Kings for the miraculous Restauration of His Sacred Majesty to His hereditarie Kingdoms and will ever pray that the same divine power and providence that established Him in his own right may give him long time happily to raign and govern And for manifestation of our fidelity to Him we do protest before God Angels and Men without any equivocation or mental Reservation our Soveraign Charles the Second to be the true and lawful King and Supream Lord of Ireland and therefore that we are in conscience and under pain of Highly offending God to obey our said Soveraign in all civil and temporal affairs no less then any of our function to their respective Princes in Europe And do further more protest that we know no external power that can absolve us from this Religious obligation no more than other Subjects of the like function with us from the like obligation in Spain France or Germany or any elswhere Finally we execrate abjure and renounce that not Catholick pernicious doctrine That any Subject may Kill or Murthen his King by himself or any other though differing with him in Religion nay we protest the contrary saying that all Subjects are bound to manifest all rebellious and machinations against their Kings person His Kingdom at State to the King or his Magistrate which we do hereby promise to do And this protestation of our fidelity we the aforesaid body of the Order of St. Dominick in Ireland do freely offer to His most meek and clement Majesty and prostrate under His Sacred ●ee we pray he may be pleased to accept this our protestation and to defend and deliver us fr●● the oppression of our persecutors for our profession is to fear and follow him who in the Gospel commands to give unto God his due and to Cesar his and we will always pray for His Royal Majesty his Queen and the blessing of a happy posterity Dated the 15th of October 1662. F. Iohn Hart Provincial F. Lawrence Kelly Diffinitor F. I. Burgate Deffinitor F. Eugius Coigly Diffinitor F. Richard Maddin Diffinitor F. Dionisius a Hanreghan F. Constant de Annunciatione Kyeffe F. William Bourke F. Cornelius Googhegan F. Felix Conuer F. Patrick Dulehanty F. Thomas Philbin F. Ioanner Baptista Bern F. Ge●ot de martiribus Ferral F. Michael Fulam F. Goruldfitz Gerrald F. Abtonius Kenogan F. Clement Berae F. Batricius Doyre F. Charles Dermo●● F. Dominick Fedrall F. Daniel Nolanus F. William O Meran F. Iohn Tyny F. Tadeus mac Don●ogh XVIII As concerning the Letter which this Dominican Provincial Father Iohn O Hart sent then by the same bearer and of the same date to the Procuratour although it was civil enough and a complement of thanks for minding his Order of their duty and further desires both of recommending them and their cause to His Grace and of hearing from him more often all particulars yet was it withal positive enough in declaring they could not or would not do more in that business than what they had now by their letter to the Duke and Remonstrance enclosed therein Nor indeed was it ever at any time before or after to this day expected by the Procuratour they would heartily or freely do any more because he knew very well in what hands the Government of that Order was or who were Provincials Definitors and Local Priors of their Province then and for many years puff and how unanimous they were all in the Nuncio's time and for him and his quarrel and ever since for the Censures and against any kind of peace with the Royal party only four or five excepted who yet had not the courage to mutter against the rest if not in private cornes Father Marke Rochford Oliver Darey Ioseph Langton Peter Nangle and because he know they gloried particularly and mightily in their however unfortunate unity therein having suffered no division amongst themselves but runn altogether one way for ought appeared so little did they consider that unity in evil is a curse from God and because he further knew certainly how they were touch'd to the very quick and took it to heart extreamly that any at all of theirs though but three only Father Scurlog Reynolds and Scully to whom since is added Father Clemens Birne had subscribed the Remonstrance and consequently saw themselves now in some degree begun to be divided In which judgment of them in general that it may be seen the Procuratour was not deceived but their violence made known to the end it may find some check hereafter I must not pass over in silence how they left no stone unremoved to vex the patience of those three or four subscribers and force them to a recantation exclaiming against them every where discountenancing them in every thing even against the rules not of their own Order only but of the common Canons of the Church and Christian charity also threatning to deprive them of active and passive voice in all elections and by actual instances thwarting in such Father Scurlog and Reynolds making one man of purpose to decline and vex them Priour of three Convents together at one time against the very Papal Canons cap. Vnum Abbatim 21. q. 1. ex Concilio Agathensi c. 57. Nay denying not licence only or a dispensation or indulgence to Reynolds in case of sickness to eat flesh but even an absolution of his sins on St. Dominicks eve because and only because he would not retract as it was in plain tearms told himself then and even by him that so denyed it his own local Prior in the City of Dublin And yet with more uncivil and barbarous usage to a Priest and from the chief Superiour Provincial in his visitation boxing an other on the face on that account only For they never did nor could taxe him nor any of those few other subscribers with any other kind of misdemeanour Finally removeing all such Friars to other Convents from being under the direction or command of Father Clement Prior of Newtown in Vlster of purpose or because he
orbem absolvere possit Et propterea dogma illud quod asserit quemque posse suum Regem quod sit disparis Religionis aut fidei Romano Catholicae contrariae e medio tollere aut contra illum arma movere ut impium Sacris Scripturis vetitum detestor abhominor Ac proinde teneo ac profiteor esse cuivis boni Catholici Subditi officium omnes Conspirationes clandestinas machinationes ad Rebellionem tendentes Regi aut sub illo Magistratui competenti aut Consiliario quamprimum aperire indicare neque ita facturum juro profiteor Ad quod maxime Divinum illud Oraculum Reddite Caesari quae sunt Caesaris Deo quae sunt Dei me invitat imo firmiter obligat In quorum omnium singulorum fidem ac robur his ego proptia manu subscripsi Pat Daly J. V. D. Octavo Maii 1663. THat Nation must be very barbarous and altogether a stranger to the Law of Nature which does not love dread and reverence Kings see over them by God which does not esteem the Name and Majesty of a King to be embraced and worshipped in Temporals next to God as a thing glorious yea even divine Wherefore there is a duty incumbent upon all the Irish but especially upon those who serve at the Altar and have the charge of instructing others to manifest with what and how great joy they celebrate the most happy Inauguration of our Illustrious Monarch and His Return to possess the Government of His Ancestors Why should not I therefore as it becomes all others likewise wish all happiness and prosperity to our most successful Prince who has snatch't these Nations and above others His Ireland out of the jaws of cruel Tyrants under whose barbarous yoke they have hitherto groaned Since it is far from Christian piety to do or think otherwise But having heard that many have a suspition there are several of our Order in this Kingdom who endeavour to raise intestine Sedition yea and aspire to get Forreign Forces to make a Rebellion against the Sacred Majesty of the King I cannot nor ought I to conceal with what observance love and sincerity of mind I am ready to yield Obedience and wish Prosperity to my most victorious King and how I am ready to bind my self by Oath faithfully to perform the same Wherefore I do most Religiously acknowledge and affirm in the word of a Priest sincerely and without all equivocation disguise or mental reservation That our most Illustrious King CHARLES the Second is Lord of this Kingdom of Ireland and of all other His Majesties Realms and Dominions by a true legitimate and hereditary Right and that I will obey him in all matters Temporal and Civil most faithfully I and deservedly and that there is no power under Heaven which can absolve me from this Oath of Allegiance more than those of my Function who are Subjects of the Princes of Germany Spain or other Nations throughout the World And therefore I detest and abhor the Opinion as impious and forbidden by the Holy Scriptures which maintains That any one may kill His King or take up Arms against Him because He is of a different Religion or of a Belief contrary to the Roman Catholick Faith Wherefore I assert and profess That it is the duty of every good and Catholick Subject forthwith to detect and discover to the King or to some competent Magistrate under him or to a Privy Counsellor all Conspiracies and clandestine Machinations tending to Rebellion and I swear and profess that I my self will so do Whereunto that Divine Oracle give unto Caesar the things that are Caesars and unto God the things that are Gods does chiefly invite and firmly bind me To give strength and credit to all and every of these I have subscribed with mine own hand Pat Daly J. V. D. 10 May 1663. Where you see nothing at all home to any purpose much less to that of the Remonstrance of 1661. And indeed this good man alledges now being the year 1668. it was therefore the general Congregation of the Irish Clergy at Dublin and in 1666. did not would not Subscribe the Remonstrance of 1661. because Father P. Walsh declared publickly in the said Congregation That Remonstrance tyed them to stand by the King against even the very Pope himself in person invading any of His MAJESTIES Dominions with an Army and even in case too the pretence and intent also of such Invasion were only and purely to Re-establish Catholick Religion and to restore Catholick Proprietors to those Estates whereof they have been so lately dispossessed by force of Arms or which have been more lately yet invested in others by those several Acts of Parliament we have seen pass since the Kings Restauration But whether or no the said Father Peter Walsh descended then to such a case expresly and publickly in any of his several Speeches to that Congregation yet I am sure he hath sufficiently demonstrated in the _____ page of this First Part and elsewhere often the lawfulness and justice and even the necessity also of such engagement and sense of the Remonstrance at least as to a promise of passive obedience even in such very case to the King Nay and also as to active obedience and positive fighting for the King and themselves and for the natural and civil being of all the people of these Dominions even also in case of such an Invasion or of any made even with previous manifestoes of such a pure intention because no mortal man could without divine special and extraordinary Revelation know certainly that to be the real inward intention whatever the verbal outward of manifestoes should be and because of the nature of Conquest and Wars wherein a thousand Accidents may intervene which may wholly change the first intention or design A Third Paper or form of a Declaration and given the DUKE by the Lord Birmingham April 8. same Year 1664. VVE acknowledge and profess that it 's our Tenet and Opinion That we are by the Laws of God bound under pain of sin to observe inviolably and perform publick Faith with all manner of persons of whatever profession in Religion they be and to be as true obedient and loyal to our Sovereign Lord and King CHARLES the Second King of this Realm of Ireland and other His Dominions as any of His Subjects and that accordingly we will bear Him during our lives true Faith and Allegiance in as dutiful and obedient manner as the Laws of this Kingdom do require from us And if the Pope of Rome or any other person either Ecclesiastical or Temporal shall either by force of Excommunication Sentence of Deposition or by any other wayes or means attempt any thing to His prejudice That we will in opposition thereunto and in defence and maintenance of His Person Crown and Government expose our Lives and Fortunes if need be All which we Religiously swear to observe and that no
confidently as if they had with them the most fully and clearly and satisfactorily Loyal Instruments could be framed even Instruments in every respect home to the point expected from them after a short Harrangus such as it was delivered by the Bishp of Kilfinuragh as the Congregations Chair-man presented to his Grace both the Original Parchment Roll opened and the other annexed Original Paper whereof before as they were signed by the proper hands of the Fathers But his Grace having received these Instruments and layed them by on his Table answered only in a very few words That after he had read and considered of their Petition and Instruments they should hear further from him And so his Grace dismissed those first Deputies of the Congregation It remains therefore now to end this Section that for the Readers fuller satisfaction I give here an exact Copy of both the foresaid Congregational Instruments with such Titles prefixed as the Originals have but first a Copy also of their Petition The Congregation's Petition delivered by the two aforesaid Bishops on June 16. 1666. To His Grace JAMES Duke of ORMOND LORD LIEVTENANT General and General Governour of Ireland The humble Petition of the Romish Catholick Clergy now met in the City of Dublin THE Petitioners do most humbly and thankfully acknowledge the favour your Grace hath done them in the allowance and permission of a Meeting in this City of Dublin at this time by which they have had the opportunity of a Free Conference together and the happiness to have concurred in a Remonstrance and Protestation of their Loyaltie to His Majesty wherein they resolve Inviolablie to continue which they beseech your Grace to accept from them and represent to His Majesty the rather that it was so unanimously agreed to as there was not one dissenting Voice in all their Number This is their prayer to your Grace for whom and whose Posterity they will as obliged always pray The Act of Recognition as I call it commonly to distinguish it from the former of others in 1661 or the Remonstrance and Protestation of Loyalty as they term it in their above Petition Signed by the National Congregation of the Irish Roman-Catholick Clergy in 1666 and delivered likewise June 16 by the same Bishops to His Grace as from and by direction of that Assembly To the King 's most Excellent Majesty CHARLES the Second King of Great Britain France and Ireland c. VVE Your Majesties Subjects the Roman-Catholick Clergy of the Kingdom of Ireland together assembled do hereby declare and solemnly protest before God and His Holy Angels That we own and acknowledge Your Majesty to be our true and lawful King Supreme Lord and undoubted Sovereign as well of this Realm of Ireland as of all other Your Majesties Dominions consequently we confess our selves bound in Conscience to be obedient to Your Majesty in all Civil and Temporal affairs as any Subject ought to be to his Prince and as the Laws of God and Nature require at our hands Therefore we promise That we will inviolably bear true Allegiance to Your Majesty Your lawful Heirs and Successors and that no power on earth shall be able to withdraw us from our duty herein And that we will even to the loss of our blood if occasion requires assert Your Majesties Rights against any that shall invade the same or attempt to deprive Your Self or Your lawful Heirs and Successors of any part thereof And to the end this our sincere Protestation may more clearly appear We further declare That it is not our Doctrine that Subjects may be discharged absolved or freed from the Obligation of performing their duty of true Obedience and Allegiance to their Prince much less may we allow of or pass as tolerable any Doctrine that perniciously and against the Word of God maintains That any private Subject may lawfully kill or murther the Anointed of God his Prince Wherefore pursuant to the deep apprehension we have of the abomination and sad consequences of its practice we do engage our selves to discover unto Your Majesty or some of Your Ministers any attempt of that kind Rebellion or Conspiracy against Your Majesties Person Crown or Royal Authority that comes to our knowledge whereby such horrid evils may be prevented Finally As we hold the Premises to be agreeable to good Conscience so we Religiously Swear the due observance thereof to our utmost and will Preach and Teach the same to our respective Flocks In witness whereof we do hereunto Subscribe the 15th day of June 1666. Edmund Archbishop of Ardmagh Primat of all Ireland Patrick Bishop of Ardagh Andrew Bishop of Kilfinuragh Procurator to the Lord Archbishop of Tuam and to the Reverend Fathers Richard Scis Vicar General of Killalla and Maurice Corghcar Vicar General of Aconry James Dempsy Vicar General Apostolick of Dubli● He might have added too and Vicar Capitulary of the Diocess of Kildare John Burk Vicar General Apostolick of Cashel Denis Harty Vicarius Apostolicus Laonensis Patricius Daly Vicarius Generalis Ardmachanus ac Procurator Rapotensis Oliver Desse Vic. Gen. Midensis Terence Fitz-Patrick Vicar General of Ossorie Robert Power Vicar General of Waterford and Lismore c. Dominick Roch Vicar General of Corck Connor Fogorty Proctor of Ardfert and Achdeo Nicolas Redmond Vicar General of Fernes Teig O Brien Dean of Lismore and Parson of Dungarvan John Deoran Proctor for Father Charles Nolan Vicar General of Laghlin Thomas Higgin Vicar General of Elphin Ronan Magin Vicar-General of Dromote James Phelan Doctor of Divinity Parson of Callan Dean of Ossory Protonotary Apostolical Thomas Lacy Substitute of Limmerick Father Francis Fitz Gerrald Proctor of the Vicar General of Cluon George Plunket Divine Daniel Kelly Vicar General of Cluonfert James Killine Vicar General Duacensis Edmund Teig Vicar General of Cloanmacnoise Owen O Coigly Procurator Derensis Patrick O Mulderig Vicarius Generalis Dun. Connor Thomas Fitz Symons Divine for the Province of Vlster Thady Brohy Divine for the Province of Leinster Doctor Angel Goulding Divine for the Province of Leinster John Nolan Master of Arts Divine for Leinster Dorby Doyle Batchelor of Divinity of the Province of Leinster Edmund O Deoran Magister Ordinis Melitensis Charles Horan Divine of the Diocess of Elphin in the Province of Connaught Constantine Duffy Vicar General of Clogher John Hannin Substitute and Official of Imly Fr Peter Walsh Reader of Divinity of St. Francis 's Order Procurator of the Catholick Clergy Andrew Bishop of Kilfinuragh Chairman Fr John Hart Provincial of the Order of Preachers and a Divine for the Province of Connaught Fr Stephen Lynch Provincial of the Order of St. Augustin and a Divine for Connaught Fr Antony Docharty Provincial of the Franciscans Andrew Sall Superiour of the Society of Jesus in Ireland Fr Thomas Dillon Vicar Provincial of the Discalceat Carmelits Fr Bernard Barry Lector Jubilate of the Order of S. Francis Fr John Brady Lector of Divinity Fr Dominick Martin of the Order of
remit the Reader to such other Books and other places also in this same Book where he may find as much satisfaction as can be desired To clear in all respects whatsoever that very matter i. e. To evince as clear as the Sun shines in his brightest meridian glory That not even so much as that very species or kind of Apostasie which is or ought to be only grounded on the sin of disobedience or contumacy against some lawful Commands or Summons can be with any justice or truth objected to Me and Caron or to either of us No not even now in the year 1673 to me alone though I confess that I have my self alone since the 20th of September 1669 at several times opposed but Canonically opposed three several Citations or Summons and Commands at the instance and by the procurement of the late Bruxel-Internuncio Airoldi and other Roman Ministers abroad and their Irish Emissaries both abroad in other Countries and at home in Ireland but of purpose to suppress utterly the doctrine of the Remonstrance sent one after another from beyond Seas yea and from the lawful or acknowledged General Superiours of my own Order enjoining me under pain of Excommunication ipso facto latae to appear before them in Forreign Countries and within the term of time peremptorily prefix'd by them So much here by occasion of that second friendly Advertisement given me by my Lord of Ferns or of that great Romans having termed Me and Caron Apostates and whose Letter terming us so my Lord of Ferns did see although otherwise to treat here of that matter was I know Forreign enough to the main scope of my third Appendage which had been sufficiently treated before And therefore now There remains only the fourth and last of all the Appendages viz. A Paper of Animadversions given to the Lord Lieutenant and His Grace's Commands laid on the Procurator Upon or by occasion of which Paper I have no more to say but 1. That when the Commissioners of the National Congregation had presented His Grace the Lord Lieutenant their new Remonstrance or new Recognition and His Grace taking time to consider and examine throughly the import thereof had shewed it to such Lords of the Kings Privy Council in that Kingdom whom He thought fit to consult in that affair before He gave His Answer to the Congregation which long'd very much to know whether He would accept thereof as satisfactory one of the said Lords viz. the Earl of Anglesey then Vice-Treasurer of Ireland now at the writing hereof Lord Privy Seal in England drew briefly some material Animadversions upon it shewing its insignificancy and unsatisfactoriness in or as to the main points wherein the Fathers should have declared themselves 2. That soon after they i. e. that Congregation had dissolved His Grace was pleased to tell me of that Paper of Animadversions and together give me the very Original of which Original as I have it by me still so I give here a true exact Copy viz. Animadversions on the Remonstrance or Protestation of the Romish Clergy of Ireland subscribed the 15th day of June 1666. WE Your Majesties Subjects His Majesties satisfaction is the pretence of both these Remonstrances of this and of the former presented by Peter Walsh the Procurator of the Romish Clergy of Ireland 1661. If the former had not been in some degree satisfactory in England it had not been offered to their Subscriptions here Therefore in differing from that they must design either to offer more which is not pretended or less which will not be enough or only to alter the expression But as to that it is not probable that they would put themselves to any stress to find out better words to signifie their meaning than those which have already obtained some acceptance It may therefore be more than suspected that they decline that first Remonstrance because it is not lyable to so many reserves and uncertainties as they would have it and they will have another of their own which is more subject to what interpretations they shall please to put upon it The truth of which Conjecture is too evident by these following particulars differing from the former Remonstrance Undoubted Sovereign Seems to signifie only him who exercises Supreme Authority but the rightful Sovereign as it is expressed in the former is he who ought to exercise that Authority As any Subject ought to be to his Prince The Pope often pretending Authority directly or indirectly over Princes in Temporal affairs this expression secures not our King of their obedience against the pretensions of the Pope And as the Laws of God and Nature require I living in Ireland will obey the great Turk as far as the Laws of God and Nature require but the former Protesters will obey King Charles as far as the Laws and Government of this Kingdom require The Laws of God and Nature are general to all Mankind and every Rebel pretends to an observation of them They design not obedience to a particular King who will not regulate it by the particular constitution of his Kingdom We will inviolably bear true Allegiance That is in their own sense as far as the Laws of God and Nature require Some make the Pope Judge of the former but every man makes himself Judge of the latter The King must please both to be sure of these men No Power on Earth shall be able to withdraw us from our duty herein This is little significant seeing their duty is tryable only by the Laws of God and Nature of which the Pope and themselves are Judges But if they intend really to oppose any design of the Pope against the King why do they not say they will do it in that Paper which pretends to secure His Majesty in that particular Their obedience to the Pope is that which makes the jealousie of their disobedience to the King Therefore to clear themselves they should have renounc'd the Popes Authority as it may be opposite to the Kings If they dare not name opposition to him how can it be expected that they will oppose him And how careful they are not to give offence to the Pope we see by their clear leaving out almost the whole Paragraph in the former Remonstrance which secures particularly against his Vsurpations If they say they decline naming him in bare respect to him it seems they prefer their Complement beyond their duty but if that be it why then do they name him in their Subscriptions to the first Proposition of the faculty of Sorbon We will to the loss of our blood assert Your Majesties Rights But they are still no more than the Laws of God and Nature allows you The Laws of the Kingdom are insignificant It is not our Doctrine that Subjects may be discharged c. But doth their Doctrine condemn and anathematize such practises Or do they condemn and anathematize that Doctrine Do they condemn the Doctrine of Suarez Bellarmine Mariana Salmeron Becanus
of so many former abroad in other parts of Europe since Gregory the 7th so manifest in History force not a confession of all this from F. N. N or if the very nature of the positions in themselves and the judgment of all judicious and ingenuous men of the world prevail not with him to confess that a general decision and resolve of the Roman Catholick Clergy in Ireland as well against the Popes pretence of infallibility as against his other of a power for deposing the King and raising at pleasure his Subjects in rebellion and against both absolutely and positively be not one of the most rational wayes to hinder the disturbance of King and Countrey as from such Clergie-men and others of their Communion and Nation and if the denyal of such decision and resolve against either pretence especially against this of infallibility since it is plain that if the Pope be admitted infallible his deposing power must necessarily and instantly follow because already and manifoldly declared by several Popes if I say this denyal convince not the denyers and such denyers as the said Congregation in this Country and Conjuncture of a design or desire or pleasure or contentedness to leave still the roots or seeds of new disturbances of both King and Countrey in the hearts of their beleevers and if I say also F. N. N. himself will not upon more serious reflection acknowledge all this to be true and ●●ident I am sure all other judicious and knowing men even such as are ●i●interested wholy in the quarrel and not his partisans will That finally what I have to say is That whosoever is designed by him to be per stringed in or by this last pretence of furthering this dispute to the disturbance of both King and country may answer F. N. N. what the Prophet Elias did Achab on the like occasion Non ego turbavi Israel sic 〈◊〉 dem●● Patris tui 3 Reg. 18.18 qui ●ereliquistis mandata Domini secuti estis Bealim And 〈◊〉 that n●● such person alone who ever chiefly perhaps intended nor his few other associates only perstringed likewise by F. N. N. and congregation in this perclose of their Paper but the poor afflicted Church of Ireland generally as it compriseth all beleevers of both sorts and sexes Ecclesiastical and Lay-persons of the Roman Communion nay but the Catholick Church of Christ universally throughout the world hath cause enough already and will I fear have much more yet to say as well to him and the Congregation as to all such other preposterous defenders of her interests what Iacob said to Simeon and Levi Gen. 34.30 upon the sack of Sichem Turbastis me ●diosum fecistis me Chananaeis Pherezaeis habitatoribus terrae hujus And more I have not to say here on this subject of infallibility But leave the Reader that expects more on that question or this dispute in it self directly and as it abstracts from the present indirect consideration to turn over to the last Treatise of this Book Where he shall find more at large and directly to that purpose what I held not so proper for this place Though I confess it was the paper of those unreasonable reasons the answers to which I now conclude here that gave me the first occasion to add that sixth and last piece as upon the same occasion I have the fifth also immediately following this fourth Only I must add by way of good advice to F. N. N That if he or the Congregation or both or any for them will reply to these answers or to what I have before said in my second or third Treatise on their Remonstrance and three first Propositions or even in my first though a bare Narrative only and matter of notorious fact related and if they will have such reply to be home indeed it cannot be better so than by their signing the 15. following Propositions Which to that purpose I have my self drawn and had publickly debated for about a moneth together in another but more special Congregation of the most learned men of this Kingdom and their own Religion held even in that very house where the former sate and immediatly after they were dissolved The Fourteen PROPOSITIONS of F. P. W. Or the doctrine of Allegiance which the Roman Catholick Clergie of Ireland may with a safe Conscience and at this time ought in prudence to subscribe unanimously and freely as that onely which can secure His Majestie of them as much as hand or subscription can and that onely too which may answer the grand objection of the inconsistency of Catholick Religion and by consequence of the toleration of it with the safety of a Protestant Prince or State 1. Prop. HIS Majestie CHARLES the Second King of England is true and lawful King Supream Lord and rightful Soveraign of this Realm of Ireland and of all other His Majesties Dominions and all the Subjects or people as well Ecclesiastick as Lay of His Majesties said Kingdoms or Dominions are obliged under pain of sin to obey His Majestie in all Civil and Temporal affairs 2. His said Majestie hath none but God alone for Superiour or who hath any power over him Divine or Human Spiritual or Temporal Direct or indirect ordinary or extraordinary de facto or de jure in his temporal rights throughout all or any of his Kingdoms of England Ireland Scotland and other Dominions annexed to the Crown of England 3. Neither the Pope hath nor other Bishops of the Church joyntly or severally have any right or power or authority that is warrantable by the Catholick Faith or Church not even in case of Schisme Heresie or other Apostacy nor even in that of any private or publick oppression whatsoever to deprive depose or dethrone His said Majestie or to raise his Subjects whatsoever of His Majesties foresaid Kingdoms or Dominions in Warr Rebellion or Sedition against him or to dispense with them in or absolve them from the tye of their sworn Allegiance or from that of their otherwise natural or legal duty of obedient faithful Subjects to His Majestie whether they be sworn or not 4. Nor can any sentence of deprivation excommunication or other censure already given or hereafter to be given nor any kind of Declaration dispensation or even command whatsoever proceeding even from the Pope or other spiritual authority of the Church warrant His Subjects or any of them in conscience to rebel or to lessen any way His said Majesties said Supream Temporal and Royal rights in any of his said Kingdoms or Dominions or over any of his people 5. It is against the doctrine of the Apostles and practice of the primitive Church to pretend that there is a natural or inhere at right in the people themselves as Subjects or members of the civil common-wealth or of a civil Society to take arms against their Prince in their own vindication or by such means to redress their own either pretended or true grievances
Confederates fallen to such an ebb and sad condition our two most flourishing Armies defeated and brought to nothing our quarters over-run by four several Enemies burnt wasted and for no less than a third part of what was ours intirely even last year now made tributary our own Forces of the Vlster Army devouring what was left by the Common Enemy and in Hostile wise destroying all places which by others were untouch't and which before this Cruelty were able to and really did support the most considerable proportions of the charges of War our Exchequer hence both empty and altogether hopeless to get in monies from a Countrey so totally exhausted and so lamentably ruined our expectations of great Sums and helps from beyond Seas being turn'd to wind smoke and despair for any thing hath yet appeared or if some little quantity be come it being feared that it should be given for maintaining sides and supporting Factions against the Government as we have seen in effect proved no common Granaries for the Publick and but very small store of grain with any private persons in so great a dearth of Corn as Ireland hath not seen in our memory and so cruel a Famine which hath already killed Thousands of the poorer sort and therefore no possibility to keep an Army in the field though no other want had been but that of bread and if Enemies were as hitherto coming on us from the four Winds lastly so much dissention such distance and such malignant hatred 'twixt our selves within the body of the Confederates as the wiser sort did not without cause conceive to be too ominous and to weaken us no less than could the strongest Army of our Enemies an ebb so low and a condition so sad of the Confederates that according to humane hopes there was no likelihood without a Cessation with some one Party they might subsist this Summer either by a defensive War in all the Provinces or an offensive in one and a defensive in the rest Yet by the Cessation they might be so enabled that according to much probability Religion might be planted this season where Heresie is most insolent and powerful of any place in the Kingdom For if that Party of the Confederates which now opposeth the Cessation were obedient and together with the Forces of the Marquess of Clanrickard drawn by this Cessation from a Neuter to a Confederate or at least to a social War against His Majesties Enemies and of the Lords Taffe Preston and Inchiquin nay should Inchiquin stay at home and give no help but only forbear annoying us should we say the foresaid Lords and Forces march against the Scots and Dublin who sees not but by the help of this Cessation Faith and Religion might in many places be planted this Summer on the ruines of Heresie And hence it is That Thirdly it is clear The Cessation is so far from disadvantaging Religion as there could hardly be a better way thought of to further it Whence followeth That not only necessity which hath been now declared but also utility or great advantage gotten by it for the Cause doth warrant it since by the Articles Inchiquin himself with his victorious Army is bound to display these Colours for us which so many times we groaned to see against us More indeed than the nature of a Cessation draweth along with it and if it be taken together with the former benefit of the second and fifth Article and with the care had that the Lord of Inchiquin's Protestant Party should not enjoy the like benefit or liberty of either their Function or Religion in our quarters more it is plain to the honour and profit of our Faith than the greatest and most Catholick Kings and Emperours performed in the like occasions Certainly we know the King of Spain hath to pass over the present Peace so long expected and so much spoken of almost in our own memory concluded a Truce of Twelve years with the Hollanders (r) Auctarium Chron. ad annal Barronii ad an 1609. and yet no such liberty obtained for the Catholick Religion within their quarters Nay we know That the most powerful and most virtuous Charles the V. King of Spain and Emperour of Germany though his Kingdoms were so vast his Forces both at Sea and Land so great his Treasures so inexhaustible and himself so victorious yet to provide for the safety of his Estate rather than to hazard too much with the Hereticks of Germany (s) Idem ad an 1547. 1552. was contented to give them by express Article and Act of Parliament the free exercise of their Religion and Function even of that Religion which was presented by the Lutherans and is called Confessio Augustana throughout all Germany (t) Yet liberty of Religion is the very worst of evils most repugnant to and destructive of Catholick Faith and of all Civil Government and only out of meer necessity to be permitted Becan in Su● de fid Haer. ser c. 16. q. 4. con 2. 3. by vertue of which Act and of other such Acts made by his Successors the Lutherans and Catholicks on several hours use their Rites in the same Churches in many Towns of Germany c. even to this present day We know moreover That Matthias Caesar (u) Knolls in his Turk Hist in Ach● Gospar Landorp in the year 1606. articled with the Protestant rebellious Hungarians That from thenceforth it should be lawful for every man throughout the Kingdom of Hungary to have the free use of his Religion and to believe what he would And in the year 1609. for to purchase his own peace and safety of his Empire gave free exercise of Religion and delivered the University of Prague to the rebellious Sectaries on the 12th of July and several Churches in Austria and Moravia to the Hereticks then in Arms (x) See at large in the Turkish History in Achmat fol. 1290. the pacification made with the Protestant States of Moravia and Austria and fol. 1295. the pacification made with the Bohemians on the 12th of March We know lastly That Henry the III. King of France was constrained through the dangers otherwise threatning his State to condescend to a worse Peace than any of these mentioned with the Huguenots at large set down in Surius (y) Surius ad an 1576. And that Henry the IV. seeing his Flour-de-lucis thrown into a Labyrinth of Troubles by the same Hereticks to provide for the good of his Kingdom by quietness confirmed unto them their liberty of Religion gave stipends to their Ministers out of the Publick Treasury and certain strong holds as a pledge for performance Yet no Censures issued against these Catholick Princes or Subjects for such Agreements no Declaration made by His Holiness or by the Clergy against them but Churches open to them alwayes and Sacraments administred Which questionless could not be if His Holiness if the Prelates of those Kingdoms if the Clergy and Universities did
hisce subscripsimus Kilkenniae 28 Januarii 1648. Jo Archiepiscopus Tuamen Fran Aladen Ed Limericensis THE ARTICLES OF PEACE Made and Concluded by his Excellency JAMES LORD Marquess of Ormond LORD LIEUTENANT GENERAL AND General Governour of His Majesties Kingdom of Ireland on the behalf of His Majesty WITH THE GENERAL ASSEMBLY of the Roman-Catholicks of the said Kingdom on the behalf of His Majesties Roman-Catholick Subjects of the same Re-printed in the Year M.DC.LXXIII BY THE LORD LIEVTENANT GENERAL AND General Governour Of the Kingdom of IRELAND ORMONDE VVHEREAS Articles of Peace are made concluded accorded and agreed upon by and between Vs JAMES Lord Marquess of Ormond Lord Lieutenant General and General Governour of His Majesties Kingdom of Ireland by vertue of the Authority wherewith We are entrusted for and on the behalf of His Most Excellent Majesty of the one part and the General Assembly of the Roman-Catholicks of the said Kingdom for and on the behalf of His Majesties Roman-Catholick Subjects of the same on the other part A true Copy of which Articles of Peace is hereunto annexed We the Lord Lieutenant do by this Proclamation in His Majesties Name publish the same and do in His Majesties Name strictly charge and command all His Majesties Subjects and all others inhabiting or residing within His Majesties said Kingdom of Ireland to take notice thereof and to render due Obedience to the same in all the parts thereof And as His Majesty hath been induced to this Peace out of a deep sense of the miseries and calamities brought upon this His Kingdom and People and out of a hope conceived by His Majesty that it may prevent the further effusion of His Subjects Blood redeem them out of all the miseries and calamities under which they now suffer restore them to all quietness and happiness under His Majesties most gracious Government deliver the Kingdom in general from those Slaughters Depredations Rapines and Spoils which alwayes accompany a War encourage the Subjects and others with comfort to betake themselves to Trade Traffick Commerce Manufacture and all other things which uninterrupted may increase the wealth and strength of the Kingdom beget in all His Majesties Subjects of this Kingdom a perfect unity amongst themselves after the too long continued division amongst them So His Majesty assures Himself that all His Subjects of this His Kingdom duly considering the great and inestimable benefits which they may find in this Peace will with all duty render due Obedience thereunto And We in His Majesties Name do hereby declare That all persons so rendring due Obedience to the said Peace shall be protected cherished countenanced and supported by His Majesty and His Royal Authority according to the true intent and meaning of the said Articles of Peace Given at Our Castle of Kilkenny the Seventeenth day of January 1648. GOD SAVE THE KING ARTICLES of Peace made concluded accorded and agreed upon by and between his Excellency JAMES Lord Marquess of Ormond Lord Lieutenant General and General Governour of His Majesties Kingdom of Ireland for and on the behalf of His Most Excellent Majesty by vertue of the Authority wherewith the said Lord Lieutenant is intrusted on the one part And the GEMERAL ASSEMBLY of the Roman Catholicks of the said Kingdom for and on the behalf of His Majesties Roman Catholick Subjects of the same on the other part HIS Majesties Roman Catholick Subjects as thereunto bound by Allegiance Duty and Nature do most humbly and freely acknowledge and recognize their Sovereign Lord King Charles to be lawful and undoubted King of this Kingdom of Ireland and other His Highness Realms and Dominions And His Majesties said Roman Catholick Subjects apprehending with a deep sense the sad condition whereunto His Majesty is reduced as a further humble Testimony of their Loyalty do declare That they and their Posterity for ever to the uttermost of their power even to the expence of their blood and fortunes will maintain and uphold His Majesty His Heirs and lawful Successors their Rights Prerogatives Government and Authority and thereunto freely and heartily will render all due obedience OF which faithful and loyal Recognition and Declaration so seasonably made by the said Roman Catholicks His Majesty is graciously pleased to accept and accordingly to own them his loyal and dutiful Subjects and is further graciously pleased to extend unto them the following graces and securities I. IMprimis It is concluded accorded and agreed upon by and betweeen the said Lord Lieutenant for and on the behalf of His most Excellent Majesty and the said General Assembly for and on the behalf of the said Roman Catholick Subjects And His Majesty is graciously pleased that it shall be Enacted by Act to be past in the next Parliament to be held in this Kingdom That all and every the Professors of the Roman Catholick Religion within the said Kingdom shall be free and exempt from all Mulcts Penalties Restraints and Inhibitions that are or may be imposed upon them by any Law Statute Usage or Custom whatsoever for or concerning the free exercise of the Roman Catholick Religion And that it shall be likewise Enacted That the said Roman Catholicks or any of them shall not be questioned or molested in their Persons Goods or Estates for any matter or cause whatsoever for concerning or by reason of the free exercise of their Religion by vertue of any Power Authority Statute Law or Usage whatsoever And that it shall be further Enacted That no Roman Catholick in this Kingdom shall be compelled to exercise any Religion Form of Devotion or Divine Service other than such as shall be agreeable to their Conscience and that they shall not be prejudiced or molested in their Persons Goods or Estates for not observing using or hearing the Book of Common Prayer or any other Form of Devotion or Divine Service by vertue or colour of any Statute made in the second year of Queen Elizabeth or by vertue or colour of any other Law Declaration of Law Statute Custom or Usage whatsoever made or declared to be made or declared And that it shall be further Enacted That the Professors of the Roman Catholick Religion or any of them be not bound or obliged to take the Oath commonly called the Oath of Supremacy expressed in the Statute of Secundo Eliz. cap. 10. or in any other Statute or Statutes and that the said Oath shall not be tendred to them and that the refusal of the said Oath shall not redound to the prejudice of them or any of them they taking the Oath of Allegiance in haec verba viz. I A. B. do truly acknowledge profess testifie and declare in my Conscience before God and the World That our Sovereign Lord King CHARLES is lawful and rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty His Heirs and Successors and Him and Them will defend to the uttermost of my
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 ●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
the Kingdom and no demonstration could be made how the Kingdom could be preserved under Our Government that then the said Declaration should be published It is further expressed in the said Order That VVe being sollicited to the effect aforesaid with urgent reasons absolutely denied to consent thereunto and that VVe neither did nor could demonstrate unto them any way of preserving the remainder of the Kingdom under Our Government and therefore according to the Trust reposed in them by the said Congregation they did publish the said Declaration denouncing to all Archbishops Bishops c. This is all VVe observe in this Order of Publication more than is contained in the Declaration at Jamestown VVhat We have to answer in this Order for Publication is briefly this They held it fit VVe should quit the Kingdom and depute the King's Authority with some person or persons of Trust that is pleasing to them We refuse so to do upon their advice giving them some reasons why We refuse and promising them more if they would at a free Conference hear them For not following this advice without refuting the Reasons We gave for Our not going and without hearing or so much as asking what other reasons those were which We were unwilling to write and yet would tell them at a free Conference by which caution they might imagine they were of moment they proceded to their Declaration and Excommunication Here though We have formerly touched it let it be observed That having several times and upon several occasions offered to leave the Kingdom and to depute the Kings authority not to disparage the Nation with the onely person in all respects fit for it and a Roman-Catholick This was not accepted of but We are made believe the Lord of Inchiquin being removed from any charge of the Army and the Protestant Party gone there remained no further distrust or dislike of Us and that then all obedience would be given Us. All this and whatever else they advised being done on Our part Our Frigat which lay in Ire-Connaught whence We might have securely gone being sent away and the Harbours blocked up by the Rebels ships they impose upon Us to effect an impossibility namely to go out of the Kingdom without means of Transportation or else as far in them lies We are rendred infamous throughout the world and to all Ages by their defamatory Libel Whatever Our demerit had been and if We were the faithless the negligent the every way unworthy person they have described Us to be certainly they cannot free themselves from the guilt of so mean and base a Treachery Let it be next considered That if when a company of Bishops or a Congregation of Archbishops Bishops c have a mind to set up themselves or any others as Governours over the Kingdom and this power they assume at least in the interval of Assemblies and have now twice practised it and the Governour appointed by Royal Authority or when that is absent which should never be supposed by a just Representative of the Nation will not give them room by quitting the Government he is placed in at their desire without direction from the Power whence he derives his Authority or without unavoidable necessity inforcing him if We say for his not doing a thing so contrary to the Trust reposed in him to the sense of those intrusted by the People as the Commissioners of Trust were and contrary to the sense of the most interested persons of the Kingdom the foresaid company of Bishops or Congregation may therefore with impunity deliver all men to Satan that shall feed help or adhere to him it is in this case easie to discover that Bishops or a Congregation thus doing do aim at and will if so permitted easily compass the Supreme Temporal Power If it be said They only do it upon evident necessity for the preservation of the People in apparent hazard of being lost and that in this case only of so absolute necessity they pretend to such power and when informed or convinced will lay it down to the King or Assembly We believe no King or State careful of their own preservation will allow they have this power even in this case For instance if the Bishops or Congregation of both Clergies of the Kingdom of Naples or of any Signiory under the State of Venice should pretend to a power upon any necessity whatsoever whereof the said Bishops and Congregation to be Judges of discharging the Subjects of the King of Spain from obeying the Vice-Roy of Naples or the Subjects of any Signiory under the State of Venice from obeying the Governour of any such Signiory appointed by the State directing them in the mean time to observe and obey such Form of Government as the said Congregation should prescribe till it should be otherwise ordered by the said King or State VVe suppose it would not pass for Orthodox Doctrine in that Roman-Catholick Kingdom or State That a Congregation is qualified with such power Nor would the necessity of their so doing nor yet the sanctity of their function or persons protect them from severe punishment That Our Kings Prerogative in that particular is as great in this Kingdom as the King of Spains in Naples or that of the State of Venice in any Signiory of theirs it is Treason to deny as it is to affirm That in this particular such a Congregation here hath more authority than a like Congregation in that Kingdom or State But these men have not only in this case exceeded whatever at any time or in any place was pretended to by any of their Function but had less ground if less might be for such a pretension than any others For here in a solemn Assembly of the Nation a Peace was concluded most of the Bishops signing this Declaration were actually there consenting to the Peace and all the Congregation either at or after the conclusion of the Peace subscribed to it So that by the general consent of the Congregation first or last Thomas Lord Viscount Dillon Donnogh Lord Viscount Muskery c were to look to the performance of the Articles of Peace and thereby had greater pretence to be proper Judges of the violation of the said Articles than this Congregation Yet without consulting them they publish this Declaration and fulminate their Excommunication against any that should adhere to Us among other things for pretended violations of the Peace and would not by the said Commissioners be persuaded to retract it VVhere they say We neither did nor could demonstrate unto them any way of preserving the remainder of the Kingdom under Our Government it was a question never asked of Us either by the Bishop of Dromore and Dr. Charles Kelly who brought Us the message or by the Bishops of Cork and Clonfert that were sent to Us for Our Answer or indeed by any other If such a question had been moved to Us VVe should doubtless have answered That the most probable
the guilt of Sacriledge to refix their signatures which can be no less even formally than to say That the Remonstrance in it self is sacrilegious But that virtually and consequentially they judge it also to be either Heretical or Schismatical no other proof is requisite besides that where they say That moreover it contains some things repugnant to the sincere profession of the Catholick Religion For whoever sayes so of any form must virtually and consequentially say the same form is either Heretical or Schismatical or both because all judicious learned persons know very well That no things are repugnant to the sincere profession of Catholick Religion but such things as imply Heresie or Schism or both Secondly You are to consider That in their first and long original unpublish'd Censure the Louain Divines gave these four chief grounds which I have hitherto impugned in well nigh a Hundred sheets and gave them I say for their own grounds of alledging those two pretended Causes or Reasons and of their consequent Censure so as above of our Remonstrance as unlawful detestable sacrilegious c. And consequently you are to consider That being those four chief grounds of theirs are so clearly and utterly and universally ruined by me hitherto their said two pretended Causes or Reasons which had no subsistence but in those grounds must also be no less universally clearly and utterly ruined and by further consequence so likewise no less universally clearly and utterly must their said Censure be being this depends wholly on those two Reasons or Causes and these on the four grounds Thirdly You are to consider yet more particularly the grand Temerity against Prudence Falsity against Truth Injury against Justice and Scandal against Charity of this Censure by reflecting first on those Reasons or Causes given in and for it and secondly on the sense of each of those words adjectives or epithets of it and by comparing both these epithets and those causes to the several parts clauses or propositions of the Remonstrance it self analyzed into propositions or even to the whole Remonstrance as comprising all together without any such Analysts understanding now by the Remonstrance that part of it which only is in dispute the Act of Recognition with the Declarations Renunciations c. therein contained and the Petitionary address thereunto annexed To which purpose I desire the judicious learned Reader to look back to the 7 8 and 9th page of this First Part and read there once more attentively that our Remonstrance from first to last and then analyse or resolve it I mean resolve those Recognitions Declarations Renunciations Promises c. and Petitionary addresses all therein contained and analyse or resolve all into so many particular distinct propositions as they are fit or may be resolved into and after this to apply those two Reasons or Causes and each and all those adjectives or epithets of the above Louain Censure to each proposition severally nay and to all at last jointly taken And to the same purpose I desire him to consider that in no part of the Remonstrance nor in the whole taken together any obedience is promised or acknowledged or confessed to be due to our Sovereign Charles the Second or any other Temporal Prince but that which is in Civil and Temporal Affairs only and none at all in spiritual things nor in any kind of spiritual thing For so is the obedience it promises acknowledges or confesseth as due to our gracious King in His own Dominions by all his own Subjects whether Protestants or Catholicks and as due to all other absolute Princes and Supreme Governors within their own respective Dominions also and by their own respective Subjects so I say is that obedience most signally expressed and determined in formal words and in two several passages of this Remonstrance to all Civil and Temporal Affairs adding further yet and in signal formal words too that it be in such meer Civil and Temporal Affairs not universally or absolutely in all cases according to the arbitrary will or pleasure of the Prince Charles the Second but as the Laws and Rules of Government in such things in this Kingdom do require at our hands and to other such Supreme independent Princes or Magistrates according to the Laws of each Commonwealth respectively Whence any judicious Reader may conclude at least if he have read what I have hitherto so diffusely writ of the subjection of all even Clergy-men to the Supreme Temporal Magistrate in Temporal things That the Divines of Louain did most rashly falsly injuriously and scandalously suppose their first Cause or Reason of their Censure viz. That our Remonstrance contains a promise of a more ample Obedience than Secular Princes can exact from their Catholick Subjects or their Subjects make unto them For I have demonstrated at large before that by the Law of God and Nature and by the Laws of man as well these are Ecclesiastical as Civil all men are bound to pay such obedience to their respective Kings or Supreme Magistrates And if they are so bound to pay it sure the Prince may especially when he sees Reason for it require a promise or an acknowledgment or confession or declaration of it from them and they make such promise acknowledgment c. And I am sure too that our Prince had much Reason then when that Remonstrance was made and hath yet still to expect such even a most formal promise and declaration from the Romish Clergy of Ireland and they no less to make it to Him To the same purpose yet of seeing further into the Temerity Falsity Injury and Scandal of the said Louain Censure the Reader may be pleased to reflect again once more and no less particularly on their abovesaid second Supposition Cause or Reason of it as you have seen that Louain Faculty in this their short Censure which we now handle express that second Cause viz. That moreover it contains some things repugnant to the sincere profession of Catholick Religion and I desire the good Reader to apply this and compare it either to all the propositions jointly taken or to every one severally of our Remonstrance and then judge whether I have not just Reason to complain of them and tax them as I do that this which they suppose in the second place is most rashly falsly injuriously and scandalously supposed or alledged by them as a Cause or Reason of their Censure For what can be more rash false injurious and scandalous than to condemn or censure a pure and meer Acknowledgment Confession Declaration or promise of Loyalty or of Allegiance Fidelity and Obedience to our Rightful and Supreme Lord and Sovereign and a promise of such in meer Temporal things made to Him by His own natural Catholick Subjects and made in a publick Remonstrance wherein those of England as well nay antecedently to as those of Ireland joyn'd than I say to condemn or censure such a publick Instrument of such a great Body containing of the