power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties Chief Governour or Governours for the time being all Treasons or Trayterous Conspiracies which I shall know or hear to be intended against His Majesty or any of them and I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God Nevertheless the said Lord Lieutenant doth not hereby intend that any thing in these Concessions contained shall extend or be construed to extend to the granting of Churches Church-livings or the exercise of Jurisdiction the Authority of the said Lord Lieutenant not extending so far Yet the said Lord Lieutenant is Authorized to give the said Roman Catholicks full assurance as hereby the said Lord Lieutenant doth give unto the said Roman Catholicks full assurance That they or any of them shall not be molested in the possession which they have at present of the Churches and Church-livings or of the exercise of their respective Jurisdictions as they now exercise the same until such time as His Majesty upon a full consideration of the desires of the said Roman Catholicks in a Free Parliament to be held in this Kingdom shall declare his further pleasure II. Item It is concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That a Free Parliament shall be held in this Kingdom within Six months after the date of these Articles of Peace or as soon after as Thomas Lord Viscount Dillon of Castelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghne Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or the major part of them will desire the same so that by possibility it may be held and that in the mean time and until the Articles in these presents agreed to be passed in Parliament be accordingly passed the same shall be as inviolably observed as to the matters therein contained as if they were Enacted in Parliament and that in case a Parliament be not called and held in this Kingdom within two years next after the date of these Articles of Peace then His Majesties Lord Lieutenant or other His Majesties chief Governour or Governours of this Kingdom for the time being will at the request of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or the major part of them call a GENERAL ASSEMBLY of the Lords and Commons of this Kingdom to attend upon the said Lord Lieutenant or other His Majesties chief Governour or Governours of this Kingdom for the time being in some convenient place for the better setling of the Affairs of the Kingdom And it is further concluded accorded and agreed by and between the said Parties That all matters that by these Articles are agreed upon to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament And that the said Acts so agreed upon and so to be passed shall receive no diminution or alteration here or in England Provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of His Majesties Protestant party or their Adherents or to any of His Majesties Roman Catholick Subjects party or their Adherents other than such things as upon this Treaty are concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and other than such matters as His Majesty will be graciously pleased to declare his further pleasure in to be passed in Parliament for the satisfaction of His Subjects and other than such things as shall be propounded to either or both Houses by His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being during the said Parliament for the advancement of His Majesties service and the peace of the Kingdom which Clause is to admit no Construction which may trench upon these Articles of Peace or any of them and that both Houses of Parliament may consider what they shall think convenient touching the Repeal or suspension of the Statute commonly called Poynings Act intituled An Act that no Parliament be holden in this Land until the Acts be certified into England III. Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of His Majesties Roman Catholick Subjects of this Kingdom or any of them sithence the 7th of August 1641. shall be vacated and that the same and all Exemplifications and other Acts which contain the memory of them be made void by Act to be past in the next Parliament to be held in this Kingdom and that in the mean time the said Acts or Ordinances or any of them shall be no prejudice to the said Roman Catholicks or any of them IV. Item It is also concluded accorded and agreed upon and His Majesty is likewise graciously pleased That all Indictments Attainders Outlawries in this Kingdom and all the Processes and other proceedings thereupon and all Letters Patents Grants Leases Custodiums Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or Outlawries sithence the 7th day of August 1641. in prejudice of the said Catholicks their Heirs Executors Administrators or Assigns or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assigns or any of them or the Widows of them or any of them and that to be done when the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or the major part of them shall desire the same so that by possibility it may be done and in
the mean time that no such Indictments Attainders Outlawries Processes or other proceedings thereupon nor any Letters Patents Grants Leases Custodiums Bonds Recognizances or any Record Act or Acts Office or Offices Inquisitions or any other thing depending upon or taken by reason of the said Indictments Attainders or Outlawries shall in any sort prejudice the said Roman Catholicks or any of them but that they and every of them shall be forthwith on perfection of these Articles restored to their respective possessions and hereditaments respectively provided that no man shall be questioned by reason hereof for measne rates or wastes saving wilful wastes committed after the first day of May last past V. Item It is likewise concluded accorded and agreed and His Majesty is graciously pleased that as soon as possibly may be all impediments which may hinder the said Roman Catholicks to sit or vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to sit or vote there shall be removed and that before the said Parliament VI. Item It is concluded accorded and agreed upon and His Majesty is further graciously pleased That all Debts shall remain as they were upon the 23d of October 1641. notwithstanding any disposition made or to be made by vertue or colour of any Attainders Outlawry Fugacy or other forfeiture and that no Disposition or Grant made or to be made of any such Debts by vertue of any Attainder Outlawry Fugacy or other forfeiture shall be of force and this to be passed as an Act in the next Parliament VII Item It is further concluded accorded and agreed upon and His Majesty is graciously pleased That for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Freeholders or reputed Freeholders as well of Connaught and County of Clare or Countrey of Thomond as of the Counties of Limerick and Tipperary the same to be secured by Act of Parliament according to the intent of the 25th Article of the Graces granted in the Fourth year of His Majesties Reign the tenour whereof for so much as concerneth the same doth ensue in these words viz. We are graciously pleased that for the securing of the Inhabitants of Connaught and Countrey of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against Vs and our Heirs and Successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by us our Heirs and Successors In which Act of Parliament so to be passed you are to take care that all tenures in capite and all Rents and Services as are now due or which ought to be answered unto Us out of the said Lands and Premises by any Letters Patents past thereof since the first year of King Henry the Eighth or found by any Office taken from the said first year of King Henry the Eighth until the One and twentieth of July 1615. whereby Our late dear Father or any His Predecessors actually received any profit by Wardship Liveries Primer-seizins Measne-rates Ousterlemaynes or Fines of Alienations without Licence be again reserved unto Us Our Heirs and Successors and all the rest of the Premises to be holden of our Castle of Athlone by Knights service according to our said late Fathers Letters notwithstanding any tenures in capite found for Us by office since the One and twentieth of July One thousand six hundred and fifteen and not appearing in any such Letters Patents or Offices within which Rule His Majesty is likewise graciously pleased That the said Lands in the Counties of Limerick and Tipperary be included but to be held by such Rents and Tenures only as they were in the fourth year of His Majesties Reign provided alwayes That the said Lords Knights Gentlemen and Freeholders or reputed Freeholders of the said Province of Connaught County of Clare and County of Thomond and Counties of Tipperary and Limerick shall have and enjoy the full benefit of such composition and agreement which shall be made with His most Excellent Majesty for the Court of Wards Tenures Respite and issues of homage any Clause in this Article to the contrary notwithstanding And as for the Lands within the Counties of Kilkenny and Wickloe unto which His Majesty was intituled by office taken or found in the time of the Earl of Strafford's Government in this Kingdom His Majesty is further graciously pleased That the state thereof shall be considered in the next intended Parliament where His Majesty will assent unto that which shall be just and honourable And that the like Act of Limitation of His Majesties Titles for the security of the Estates of His Subjects of this Kingdom be passed in the said Parliament as was Enacted in the One and twentieth year of His late Majesty King James's Reign in England VIII Item It is further concluded accorded and agreed upon and His Majesty is further graciously pleased That all incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Inns of Court in or near the City of Dublin or elsewhere as shall be thought fit by His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being And in case the said Inns of Court shall be erected before the first day of the next Parliament then the same shall be in such place as His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Castelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall think fit And that such Students Natives of this Kingdom as shall be therein may take and receive the usual degrees accustomed in any Inns of Court they taking the ensuing Oath viz. I A. B. do truly acknowledge profess testifie and declare in my Conscience before God and the World That our Sovereign Lord King CHARLES is lawful and rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty His Heirs and Successors and Him and Them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties Chief Governour
or Governours for the time being all Treasons or Trayterous Conspiracies which I shall know or hear to be intended against His Majesty or any of them and I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. And His Majesty is further graciously pleased That His Roman-Catholick Subjects may erect and keep Free-Schools for education of youth in this Kingdom any Law or Statute to the contrary notwithstanding and that all the matters assented unto in this Article be passed as Acts of Parliament in the said next Parliament IX Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That places of Command Honour Profit and Trust in His Majesties Armies in this Kingdom shall be upon perfection of these Articles actually and by particular instances conferred upon His Roman-Catholick Subjects of this Kingdom and that upon the distribution conferring and disposing of the places of Command Honour Profit and Trust in His Majesties Armies in this Kingdom for the future no difference shall be made between the said Roman-Catholicks and other His Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective merits and abilities And that all His Majesties Subjects of this Kingdom as well Roman-Catholicks as others may for His Majesties service and their own security arm themselves the best they may wherein they shall have all fitting encouragement And it is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That places of Command Honour Profit and Trust in the Civil Government of this Kingdom shall be upon passing of the Bills in these Articles mentioned in the next Parliament actually and by particular instances conferred upon His Majesties Roman-Catholick Subjects of this Kingdom and that in the distribution conferring and disposal of the places of Command Honour Profit and Trust in the Civil Government for the future no difference shall be made between the said Roman-Catholicks and other His Majesties Subjects but that such distribution shall be made with equal indifference according to their respective merits and abilities and that in the distribution of Ministerial offices or places which now are or hereafter shall be void in this Kingdom equality shall be used to the Roman-Catholick Natives of this Kingdom as to other His Majesties Subjects And that the command of Forts Castles Garrison Towns and other places of importance in this Kingdom shall be conferred upon His Majesties Roman-Catholick Subjects of this Kingdom upon perfection of these Articles actually and by particular instances and that in the distribution conferring and disposal of the Forts Castles Garrison Towns and other places of importance in this Kingdom no difference shall be made between His Majesties Roman-Catholick Subjects of this Kingdom and other His Majesties Subjects but that such distributions shall be made with equal indifference according to their respective merits and abilities and that until full settlement in Parliament Fifteen thousand Foot and Two thousand and five hundred Horse of the Roman-Catholicks of this Kingdom shall be of the standing Army of this Kingdom and that until full settlement in Parliament as aforesaid the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being and the said Thomas Lord Viscount Dillon of Costelloc Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires shall diminish or add unto the said number as they shall see cause from time to time X. Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That His Majesty will accept of the yearly Rent or annual Sum of Twelve thousand pounds sterl to be applotted with indifferency and equality and consented to be paid to His Majesty His Heirs and Successors in Parliament for and in lieu of the Court of Wards in this Kingdom Tenures in Capite Common Knights service and all other Tenures within the cognizance of that Court and for and in lieu of all Wardships Primer-seisins Fines Ousterlemaynes Liveries Intrusions Alienations Measne-rates Releases and all other Profits within the cognizance of the said Courts or incident to the said Tenures or any of them or Fines to accrue to His Majesty by reason of the said Tenures or any of them and for and in lieu of respites and issues of homage and fines for the same and the said yearly Rent being so applotted and consented unto in Parliament as aforesaid then a Bill is to be agreed on in the said Parliament to be passed as an Act for the securing of the said yearly Rent or annual Sum of Twelve thousand pounds to be applotted as aforesaid and for the extinction and taking away of the said Court and other matters aforesaid in this Article contained And it is further agreed That reasonable Compositions shall be accepted for Wardships fallen since the Three and twentieth of October One thousand six hundred forty and one and already granted and that no Wardship fallen and not granted or that shall fall shall be passed until the success of this Article shall appear and if His Majesty be secured as aforesaid then all Wardships fallen since the said Three and twentieth of October are to be included in the Agreement aforesaid upon Composition to be made with such as have Grants as aforesaid which Composition to be made with the Grantees since the time aforesaid is to be left to indifferent persons and the Umpirage to be the said Lord Lieutenant XI Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more proxies than two and that blank proxies shall be hereafter totally disallowed and that if such Noblemen or Peers of this Realm as have no Estates in this Kingdom do not within five years to begin from the conclusion of these Articles purchase in this Kingdom as followeth viz. a Lord Baron Two hundred pounds per annum a Lord Viscount Four hundred pounds per annum and an Earl Six hundred pounds per annum a Marquess Eight hundred pounds per annum and a Duke a Thousand pounds per annum shall lose
said Articles and before the said Publication shall not be accompted taken or construed or be Treason Felony or other offence to be excepted out of the said Act of Oblivion Provided likewise That the said Act of Oblivion shall not extend unto any person or persons that will not obey and submit unto the Peace concluded and agreed on by these Articles Provided further That the said Act of Oblivion or any in this Article contained shall not hinder or interrupt the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them to call to an account and proceed against the Council and Congregation and the respective Supreme Councils Commissioners General appointed hitherto from time to time by the Confederate Catholicks to manage their affairs or any other person or persons accomptable to an account for their respective Receipts and disbursments since the beginning of their respective employments under the said Confederate Catholicks or to acquit or release any arrears of Excises Customs or Publick Taxes to be accompted for since the Three and Twentieth of October 1641. and not disposed of hitherto to the Publick use but that the Parties therein concerned may be called to an account for the same as aforesaid by the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them the said Act or any thing therein contained to the contrary notwithstanding XIX Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That an Act be passed in the next Parliament prohibiting That neither the Lord Deputy or other chief Governour or Governours Lord Chancellor Lord High Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy Council or Judges of the Four Courts be Farmers of His Majesties Customs within this Kingdom XX. Item It is likewise concluded accorded and agreed and His Majesty is graciously pleased That an Act of Parliament pass in this Kingdom against Monopolies such as was Enacted in England 21 Jacobi Regis with a further Clause of Repealing of all Grants of Monopolies in this Kingdom and that Commissioners be agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them to set down the Rates for the custom and imposition to be laid on Aquavitae Wine Oyl Yearn and Tobacco XXI Item It is concluded accorded and agreed and His Majesty is graciously pleased That such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall be as soon as may be authorized by Commission under the Great Seal to regulate the Court of Castle-Chamber and such causes as shall be brought into and censured in the said Court XXII Item It is concluded accorded and agreed upon and His Majesty is graciously pleased That Two Acts lately passed in this Kingdom the one prohibiting the plowing with Horses by the Tail and the other prohibiting the burning of Oats in the straw be Repealed XXIII Item It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased For as much as upon application of Agents from this Kingdom unto His Majesty in the Fourth year of His Reign and lately upon humble suit made unto His Majesty by a Committee of both Houses of the Parliament of this Kingdom some order was given by His Majesty for redress of several Grievances and for so many of those as are not expressed in the Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of His Majesties said former directions for redresses therein that the same be afforded them yet so as for prevention of inconveniencies to His Majesties service that the warning mentioned in the Four and twentieth Article of the Graces in the Fourth year of His Majesties Reign be so understood that the warning being left at the persons Dwelling-houses be held sufficient warning and that as to the Two and twentieth Article of the said Graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in our English Courts But the Court of Wards being compounded for so much of the aforesaid Answer as concern warning and process shall be omitted XXIV Item It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased That Maritime Causes may be determined in this Kingdom without driving of Merchants or others to appeal and seek Justice elsewhere and if it shall fall out that there be cause of an Appeal the Party grieved is to appeal to His Majesty in the Chancery of Ireland and the Sentence thereupon to be given by the Delegates to be definitive and not to be questioned upon any further Appeal except it be in the Parliament of this Kingdom if the Parliament then shall be sitting otherwise not This to be by Act of Parliament And until the said Parliament the Admiralty and Maritime Causes shall be ordered and setled by the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them XXV Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That His Majesties Subjects of this Kingdom be eased of all Rents and increase of Rents lately
raised on the Commissioners defective Titles in the Earl of Strafford's Government This to be by Act of Parliament and that in the mean time the said Rents shall not be written for by any Process or increase of Rents or the payment thereof in any sort procured XXVI Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That by Act to be passed in the next Parliament all the arrears of interest money which did accrue or grow due by way of debt morgage or otherwise and yet not satisfied since the Three and twentieth of October 1641. until the perfection of those Articles shall be fully forgiven and be released And that for and during the space of Three years next ensuing no more shall be taken for use or interest of money than five pounds per Cent. And in cases of equality arising through disability occasioned by the distempers of these times the considerations of equity to be alike unto both Parties But as for Morgages contracted between His Majesties Roman-Catholick Subjects and others of that Party where entry hath been made by the Morgagers against Law and the condition of their Morgages and detained wrongfully by them without giving any satisfaction to the Morgagees or where any such Morgagers have made profit of the Lands Morgaged above Countrey charges yet answer no Rent or other consideration to the Morgagees the Parties grieved respectively to be left for relief to a course of equity therein XXVII Item It is further concluded accorded and agreed upon and His Majesty is further graciously pleased That immediately upon perfection of these Articles 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 shall be authorized by the said Lord Lieutenant to proceed in hear determine and execute in and throughout this Kingdom the ensuing particulars and all the matters thereupon depending and that such authority and other the authorities hereafter mentioned shall remain of force without revocation alteration or diminution until Acts of Parliament be passed according to the purport and intent of these Articles and that in case of death miscarriage disability to serve by reason of sickness or otherwise of any 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 His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being shall name and authorize another in the place of such as shall be so dead shall miscarry himself or be so disabled and that the same shall be such persons as shall be allowed of by the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them living And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall have power to applot raise and levy means with indifferency and equality by way of Excise or otherwise upon all His Majesties Subjects within the said Kingdom their Persons Estates and Goods towards the maintenance of such Army or Armies as shall be thought fit to continue and be in pay for His Majesties service the defence of the Kingdom and other the necessary publick charges thereof and towards the maintenance of the Forts Castles Garrisons and Towns of both or either Party other than such of the said Forts Garrisons and Castles as from time to time until there shall be a settlement in Parliament shall be thought fit by His Majesties chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them not to be maintained at the charge of the Publick Provided that His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being be first made acquainted with such Taxes Levies and Excises as shall be made and the manner of the levying thereof and that he approve the same And to the end that such of the Protestant Party as shall submit to the Peace may in the several Counties where any of their Estate lyeth have equality and indifferency in the Assessments and Levies that shall concern their Estates in the said several Counties It is concluded accorded and agreed upon and His Majesty is graciously pleased That in the directions which shall issue to any such County for the applotting subdividing and levying of the said Publick Assessments some of the said Protestant Party shall be joined with others of the Roman-Catholick Party to that purpose and for effecting that service And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall have power to Levy the Arrears of all Excise and all other Publick Taxes imposed by the Confederate Roman-Catholicks and yet unpaid and to call all Receivers and other Accomptants of all former Taxes and all Publick dues to a just and strict accompt either by themselves or by such as they or any seven or more of them shall name or appoint And that the said Lord Lieutenant or any other chief Governour or Governours of this Kingdom for the time being shall from time to time issue Commissions to such person and persons as shall be named and appointed by the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander
mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them for letting setting and improving the Estates of all such person and persons as shall adhere to any Party opposing His Majesties authority and not submitting to the Peace and that the profits of such Estates shall be converted by the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being to the maintenance of the Kings Army and other necessary charges until settlement by Parliament And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall have power to applot raise and levy means with indifferency and equality for the buying of Arms and Ammunition and for the entertaining of Frigots in such proportion as shall be thought fit by His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them the said Arms and Ammunition to be laid up in such Magazines and under the charge of such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them to be disposed of and the said Frigots to be employed for His Majesties service and the publick use and benefit of the Kingdom of Ireland And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall have power to applot raise and levy means with indifferency and equality by way of Excise or otherwise in the several Cities Corporate Towns Counties and parties of Counties now within the Quarters and only upon the Estates of the said Confederate Roman-Catholicks all such Sum and Sums of money as shall appear to the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them to be really due for and in the discharge of the Publick engagements of the said Confederate Catholicks incurred or grown due before the conclusion of these Articles And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall be authorized to appoint Receivers Collectors and all other Officers for such monies as shall be assessed taxed or applotted in pursuance of the Authorities mentioned in this Article and for the Arrears of all former Applotments Taxes and other Publick dues yet unpaid And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them in case of refractoriness or delinquency may distrain and imprison and cause such Delinquents to be distrained and imprisoned And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them make perfect Books of all such monies as shall be applotted raised and levied out of which Books they are to make several and respective Abstracts to be delivered under their hands or the hands of any seven or more of them to the several and respective Collectors which shall be appointed to levy and receive the same and that a Duplicate of the said Books under the hands of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them be delivered unto His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being whereby a present accompt may be given And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or them shall have power to call the Council and Congregation and the respective Supreme Councils and Commissioners General appointed hither to from time to time by the said Confederate Roman-Catholicks to manage their publick affairs and all other persons answerable to an accompt for all their Receipts and Disbursments since the beginning of their respective employments under the Confederate Roman Catholicks XXVIII Item It is concluded accorded and agreed by and between the said Parties and His Majesty is graciously pleased That for the preservation of the Peace and tranquility of the Kingdom the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of
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
until Recourse may be had thereunto as the said Lord Lieutenant shall appoint as aforesaid other than as to such and so many of them as to the chief Governour or Governours for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall be thought fit to be altered and then and in such case or in case of death fraud or misbehaviour or other alteration of any such person or persons then such other person or persons to be employed therein as shall be thought fit by the chief Governour or Governours for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them And where it shall appear that any person or persons who shall be found faithful to His Majesty hath Right to any of the offices or places about the said Customs whereunto he or they may not be admitted until settlement in Parliament as aforesaid that a reasonable compensation shall be afforded to such person or persons for the same XXXI Item As for and concerning His Majesties Rents payable at Easter next and from thenceforth to grow due until a settlement in Parliament It is concluded ordered and agreed upon by and between the said Parties and His Majesty is graciously pleased That the said Rents be not written for or levied until a full settlement in Parliament and in due time upon application to be made to the said Lord Lieutenant or other chief Governour or Governours of this Kingdom by the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them for remittal of those Rents the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being shall intimate their desires and the Reasons thereof to His Majesty who upon consideration of the present condition of this Kingdom will declare his gracious pleasure therein as shall be just and honourable and satisfactory to the reasonable desires of His Subjects XXXII Item It is concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased That the Commissioners of Oyer and Terminer and the Gaol-delivery to be named as aforesaid shall have power to hear and determine all Murthers Manslaughters Rapes Stealths Burning of Houses and Corn in Reek or Stack Robberies Burglaries forceable Entries detainers of Possessions and other Offences committed or done and to be committed and done since the first day of May last past until the first day of the next Parliament these present Articles or any thing therein contained to the contrary notwithstanding Provided that the authority of the said Commissioners shall not extend to question any person or persons for doing or committing any act whatsoever before the conclusion of this Treaty by vertue or colour of any Warrant or direction from those in Publick Authority among the Confederate Roman-Catholicks nor unto any act which shall be done after the perfecting and concluding of these Articles by vertue or pretence of any Authority which is now by these Articles agreed on Provided also that the said Commission shall not continue longer than the first day of the next Parliament XXXIII Item It is concluded ordered and agreed by and between the said Parties and His Majesty is further graciously pleased That for the determining such differences which may arise between His Majesties Subjects within this Kingdom and the prevention of inconvenience and disquiet which through want of due remedy in several cases may happen there shall be Judicatures established in this Kingdom and that the persons to be authorized in them shall have power to do all such things as shall be proper and necessary for them to do and that the said Lord Lieutenant 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 shall name the persons so to be authorized and do all other things incident unto and necessary for the setling of the said intended Judicature XXXIV Item At the instance humble suit and earnest desire of the General Assembly of the Confederate Roman-Catholicks It is concluded accorded and agreed upon That the Roman-Catholick Clergy of this Kingdom behaving themselves conformable to these Articles of Peace shall not be molested in the possessions which at present they have of and in the bodies scites and precincts of such Abbeys and Monasteries belonging to any Roman-Catholick within the said Kingdom until settlement by Parliament And that the said Clergy shall not be molested in the enjoying of such Pensions as hitherto since the Wars they enjoyed for their respective livelihood from the said Roman-Catholicks And the scites and precincts hereby intended are declared to be the body of the Abby one Garden and Orchard to each Abby if any there be and what else is contained within the Walls Mures or ancient Fences or Ditch that doth supply the Wall thereof and no more XXXV Item It is concluded accorded and agreed by and between the said Parties That as to all other the demands of the said Roman-Catholicks for or concerning all or any the matters proposed by them not granted or assented unto in and by the aforesaid Articles the said Roman-Catholicks be referred to His Majesties gracious Favour and further Concessions In witness whereof the said Lord Lieutenant for and on the behalf of His most Excellent Majesty to the one part of these Articles remaining with the said Roman-Catholicks hath put his Hand and Seal and Sir Richard Blake Knight in the Chair of the General Assembly of the said Roman-Catholicks by Order Command and unanimous Consent of the said Catholicks in full Assembly to the other part thereof remaining with the said Lord Lieutenant hath put his Hand and the Publick Seal hitherto used by the said
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 contentiâ— pietatis causa suscepta quà m 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 tâ—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
now resolv'd to hunt them to death they left no way untried direct indirect overt covert of truth and of lies of force and fraud of secret machinations and open violence They laid about them every where both abroad in other Countries of Europe and at home in His Majestie 's Dominions being every where back'd with the special authority of the Court of Rome and even here at London which may be thought stranger being assisted by the special ministry of those who pretended still to be nevertheless very loyal Subjects to the Crown of England But no where so effectually as in the Kingdom of Ireland where His Holiness made thirteen Prelates viz. four Archbishops and nine Bishops in a very short time * 1669. 1670. 1671. that is immediately upon and soon after the Duke of Ormond's removal from the Government of that Kingdom in that very nick of time and opportunity so long expected and so passionately desired by them of meer purpose for that very Apostolical work So dangerous a thing it is reputed at Rome for the Subjects to give their natural Prince any pledge of their Faith which the Pope cannot undo It is no less criminal in the esteem of that Court than if the triple Crown it self and Keys of Heaven and Peter's Chair i. e. all the authority of the Holy See and all the very essentials of the Papacy were invaded by it In opposition to this no less persecuted than Loyal Instrument there was after four years consultation another of quite different words matter ends and consequently fortune set up by a general consent or rather intrigue of the Adversaries And this other Instrument is it which at least occasionally makes up the other half of the whole subject of this Book as it is that which was the Remonstrance Act of Recognition or Formulary propounded in and approved and subscribed by the National Synod or Congregation of the Roman Catholick Clergy both Secular and Regular Archbishops Bishops Provincials of Orders Vicars General and other Divines of Ireland convened at Dublin and there continued from the eleventh to the twenty fifth of June 1666. Now this being the onely National Synod or Assembly of Roman-Catholick Ecclesiasticks that with licence or connivence from the lawful Magistracy hath been held in any of His Majesties Kingdoms at any time since Queen Mary's Reign Who would have thought but that this singular Grace of His Majesty should have produced and even extorted from them some sutable extraordinary demonstration of their Loyalty It appeared not in their said Remonstrance or Formulary which was so fallacious and delusory so void of any assurance or so much as a promise of that indispensable Obedience and Faith which we owe to His Majesty in all Temporal things according to the Laws of the Land nay which was so void of so much as a promise of such Obedience or Faith in any one Temporal thing whatsoever according to those Laws that it was in effect little less than an open profession of Disloyalty in the Contrivers of it And therefore no wonder it was not censur'd or condemn'd but rather approved and applauded in the Roman Court. And indeed there was no other to be expected from that Synod At the opening whereof it being propounded by a Subscriber of the persecuted Remonstrance and by many clear unanswerable Reasons both urg'd and evinc'd by him that they should desire His Majesties pardon to the Irish Clergy in general for their guilt or the guilt of such of them as were obnoxious to the Laws for their carriage in the late Rebellion and Civil Wars in which even many there present were known to have been deeply engaged the prevailing Party for the rest were silent refus'd not only to ask pardon but so much as to acknowledge that there was any need of it From the acknowledgment of which they were so far as in express words before all publickly to speak and answer That they knew none at all guilty of any Crime for any thing done in the War Nay when His Majesties Lieutenant the Duke of ORMOND at that time Lord Lieutenant General and General Governour of the Kingdom desired this of them at least that they would give His Majesty some assurance of their future obedience or peaceable demeanour upon any contingence either of Deposition or Excommunication by the Pope they refused even this without so much as putting it to the question It was more indeed than they thought fit to undertake for themselves But whatever their thoughts upon that or any other Subject were what I am now to re-mind you is That these two so different Formularies Remonstrances or Acts of Recognition whereof I have given hitherto that brief account which is proper in this place and all the Disputes concerning the former and all the Intrigues of the latter and all the material proper immediate Antecedents Concomitants and Consequents of both are equally the Subject of this present Book And that both of them equally concern although with different Aspects the Roman-Catholick Faith and Professors especially in these Kingdoms the former tending directly yea necessarily to the true advantage of that Religion but the latter by no less necessity of evident reason tending to the great disadvantage nay to the utter destruction of that which you hold dearer than your lives Without peradventure then you are universally so concern'd in the Subject of this Book as I have said and not only you but your Posterity after you and your Priests and your Nobles your Gentry and People your Peace and Quiet Religion Estates Liberty and Lives in short all your happiness and being in this World not to say also in the future If any yet doubt of this I desire him to look back and consider how many thundering Bulls have been issued from the Roman See at several times since the year 1535 some excommunicating others deposing our Princes and others even disposing of their Kingdoms and exposing them as a prey to Forreigners How many dangerous Invasions from abroad and rebellious Insurrections at home How many other treasonable Conspiracies and horrid Plots that followed those Papal sentences And all the ill success of such unchristian bloody undertakings the extinction of so many hundred illustrious Families the desolation of so many thousand ancient Houses the destruction of so many Myriads of poor harmless innocent People on every side and all the unspeakable miseries of the vanquish'd Party the pitiful Groans of surviving Heirs and the penitential Sobs of their dying Fathers for having under pretence of Catholick Religion or for any other cause whatsoever lifted up an armed hand against their Prince or his Laws I am deceived if these be not as many unanswerable demonstrations that you are without any doubt so universally and deeply concern'd in that Subject Whereunto if the penal Laws be added what can be desired more to evince even perceptibly to sense your great concernment therein All Roman-Catholicks universally without any
amongst the People and amongst all Catholicks both at home in Ireland and abroad in Forreign Countries for Sufferers in the Cause of God and Catholick Religion c all those and these Considerations I say at least jointly taken made the opposers come to such an height of Insolencies and Injuries against the Subscribers that such as were otherwise willing to subscribe kept back their hands as having not withall resolution or resignation enough to expose themselves to all the obloquies and calumnies of those fiery both ignorant and malicious opposing Zelots And from the last of all the five viz. my LORD LIEUTENANT's departure some of these unreasonable men did as unreasonably derive joy and gladness But gaudium Hypocritae instar puncti as Job sayes LXXXI FOR two other much contrary and no less unexpected Accidents happen'd in July following the same Year 1664. which in some measure altered their Joy and humbled their Pride 1. A Proclamation issued on the xi of July the same Year 1664. against some of the Ringleaders of those factiously dissenting and opposing persons commanding them upon other Accounts to appear at the Council Table 2. And soon after some others of them were upon some other Information or Suspition seized upon in the County of Cavan brought Prisoners to Dublin and committed to the Marshalsea But for the greater satisfaction of curious Readers I give here at length that Proclamation By the LORD DEPUTY and COUNCIL A PROCLAMATION Requiring Denis Magee Anthony Doghertie and others to appear personally at the Council Board OSSORY WHEREAS Information hath been given unto Vs by divers Gentlemen and others of the Popish Religion That several pretended Chapters have been and are to be soon called in several parts of this Kingdom and Meetings appointed by Persons disaffected to His MAJESTIES Government and to the Publick peace and quiet who take opportunities from those Assemblies to diffuse and spread abroad amongst the people of that Religion Seditious Doctrines to the great dissatisfaction of all those who are Peaceably and Loyally inclined And particularly that one Denis Magee doth by colour of a late Commission derived from the Bishop of Rome call himself and now acts as Commissary Visitor of the Order of the Franciscans in this Kingdom and by such illegal Authority doth summon Assemblies to be held suddenly for pernicious ends contrary to the known Laws of the Land and to the Peace and Quiet of the People And that John O Hairt who goes under the title of the Prior Provincial of the Dominicans Anthony Doghertie under the title of Minister Provincial of the Franciscans Jeoffry Gibbon as Prior Provincial of the Augustinians Joseph Sall under the title of Guardian of the Franciscans in Cashel Anthony Darcy Fryer Andrew Sall under the title of Superior of the mission of the Iesuits in this Kingdom and others under colour also of Authority derived from the Bishop of Rome go in Circuits and visit the several Provinces to the great Trouble and grief of the Well-affected even of their own Religion which practises and proceedings of the said persons are Offences of a high nature and are an exercising of Forreign Iurisdiction within this Kingdom and do render the Offenders and their Orders Assistants Comforters Abettors Procurers Maintainers Fautors Concealers and Counsellers lyable to the Dangers Penalties Pains and Forfeitures ordained and provided by the Laws and Statutes of this Kingdom and may tend if not seasonably prevented to the seducing of His Majesties good Subjects and to the disturbance of that peace and tranquillity which by the blessing of God upon His Majesties gracious Government this Kingdom now enjoyes in the belief whereof We are further confirmed by the proceedings of certain Fryers who have been lately Apprehended and now remain Prisoners at Dublin namely Thomas Mackiernan John Brady Anthony Gowan and others the like obstinate Seducers of His Majesties Subjects And therefore as it was an Act of Loyalty to His Majesty in those persons of the Popish Religion to give Vs the said Information so it was an Act of Prudence in them for their own safety and preservation that they who are Loyal to His Majesty a Duty due from them and from all his Subjects by the Laws of God and Nature might not be involved in the guilts of others who fail in that Duty nor incur the punishments by the Laws of the Land justly due to such Offenders And whereas We are desirous in Our tenderness of all His Majesties Subjects of that Religion who are dutifully and peaceably minded that they may be preserved from that Contagion and those Dangers which by the Contrivances and Seducements of the said Denis Magee John O Hairt Anthony Doghertie Jeoffry Gibbon Joseph Sall Anthony Darcy Andrew Sall and others of turbulent spirits are endeavoured Therefore as a Caution to them and all others We judge it fit to give them this Publick forewarning that so they may avoid the Dangers which by the Laws of the Land they may otherwise incut and do hereby in His Majesties Name strictly Charge and Command all persons of what condition soever That they or any of them do not presume to assist abet countenance or conceal any of the said persons in those unlawful doings and that they or any of them do not appear or come together upon any Summons Citation or Notice whatsoever from the said Denis Magee John O Hairt Anthony Doghertie Jeoffry Gibbon Joseph Sall Anthony Darcy Andrew Sall or from any of them or from any other exercising Forreign Iurisdiction in this Kingdom derived from the See of Rome or make any Collections or Contributions in money or otherwise for them or any of them or obey or observe any Rules or Orders or Directions issued or to be issued by them or by any of them as they will answer the contrary at their perils And these are likewise in His Majesties Name strictly to Charge and Command the said Denis Magee John O Hairt Anthony Doghertie Jeoffry Gibbon Joseph Sall Anthony Darcy and Andrew Sall upon their Duty of Allegiance to His Majesty to forbear any further proceedings by virtue of the said Forreign Authority upon their utmost perils And also to appear personally before Vs the Lord Deputy or other chief Governor or Governors of this Kingdom for the time being and Council at or before the 27th day of this present July to answer such matters as are to be objected against them in His Majesties behalf and not to depart without Our special Licence And in case they or any of them shall fail to appear as aforesaid then all Officers Civil and Military and all persons whatsoever whom it may concern are hereby Authorized and Required after the said 27th day of this present July to make diligent search and inquiry for the said Denis Magee John O Hairt Anthony Doghertie Jeoffry Gibbon Joseph Sall Anthony Darcy and Andrew Sall and wheresoever they or any of them that shall not appear as aforesaid shall be found
Magin one of Her Majesties Chaplains coming along with his Lordship and being present all the Discourse but none else besides the said Father Redmund Caron How this Discourse continued three hours from Ten a Clock in the morning to One in the Afternoon How therein after due Salutes the Procurator immediately gave his Lordship a full account of the occasion motives ends and effects too of the Remonstrance continuing his Speech for half an hour or thereabouts and concluding That being it was apparent enough that in the said Remonstrance or Act of Recognition and Petition thereunto annexed there was nothing but what was consonant to Christian Religion and as such maintain'd expresly even in our dayes and at that very present by the Gallican Church and Universities he could not but wonder much his Lordship and Cardinal Francis Barberin should write such Letters as they had to the Nobility Gentry and Clergy of Ireland against that innocent Formulary How the Internuncio answering That his Holiness had condemn'd it the Procurator replied That besides the Non-appearance of any such Papal condemnation it was plain enough his Holiness was misinformed not only concerning the occasion expediency necessity ends and use of that Instrument but the very matter also contained therein even as Paul the V. formerly in Anno 1606. in those of the Oath of Allegiance had been misinformed and consequently abused by Father Parsons the English Jesuite and by Cardinal Bellarmine and those other six or seven Theologues deputed by that Pope to report their sense of the said Oath of Allegiance made by King James by occasion of the Powder-plot Treason How hereupon the Internuncio with some anger rejoin'd shortly Ego informavi I am he that inform'd his Holiness and the Brocurator to him again near as shortly But with your good leave my Lord you have not rightly nor well informed giving withal his convincing Reasons How Father Caron adding to the Procurator's answer and in short desiring the Internuncio to point out the Proposition or Clause one or more in that Formulary against Catholick Faith and finally concluding and asserting the said Formulary to be in all parts and all respects intirely conformable to Christian Doctrine and Catholick Faith the Internuncio had no more to say but Vos ita censetis Sedes autem Apostolica aliter censet yea think so but the See Apostolick otherwise How when both Caron and Walsh had again replied That general Allegations without particular proof of the See Apostolick's sense were to no purpose That the original or at least authentick Copy should be produced That credit in such matters was not to be given not even to the Letters of the very Cardinals as both Civilians and Canonists do teach That the Popes own acknowledg'd private Letters in case there had been such have no binding force no nor even his Briefs or Bulls in the present or other such Controversies That the point of the Popes Infallibility was no matter of Christian or Catholick Faith That the See Apostolick Roman Court and Catholick Church of Christ were three different things finally that together with all now said the reverence and obedience to his Holiness did very well consist how I say this Replication being made the Internuncio looking no more as superciliously or high as he had till then begun to speak to Father Walsh after another manner i. e. moderately and by way rather of Entreaty and Prayer than Command or Empire How this was to desire the said Father Walsh to lay by thenceforward all thoughts of that Remonstrance and think rather of any other medium whereby to obtain His MAJESTIES gracious propension to look mercifully and favourably on the Clergy of Ireland notwithstanding any thing formerly acted by them How when Father Walsh had briefly answer'd That really he knew no means could serve that end without some such Act of Recognition as the Remonstrance was the Internuncio replied He himself then would propose one and how accordingly he did this viz. Sanctissimus Dominus meus c. My most Holy Lord sayes he shall issue a Bull to all the Irish commanding them under pain of Excommunication to be henceforth and continue faithful and obedient to the King How the Procurator saying presently hereunto That indeed my Lord is the medium which if accepted would make His MAJESTY a down-right Vassal to the Pope and a very King of Cards but I hope His MAJESTY hath some better and surer means to rely on for keeping that Kingdom in peace than any kind of Bull or other even Letters Patent from his Holiness the Internuncio presently again Then sayes he I propose this other medium viz. Sanctissimus Dominus meus c. My most Holy Lord shall grant and create as many Bishops and Archbishops for Ireland as His Majesty and His Vice-Roy or Lieutenant in Ireland the Duke of Ormond will desire and those very persons they shall fix upon and moreover shall empower those persons so created Prelates to dismiss and send away out of Ireland all Clergymen whatsoever whom they shall find to be disloyal to the King How moreover the said Procurator to this also replied That although it was much more specious than the former yet considering His MAJESTIES Religion and the Laws now as yet in force and other Affairs too it seem'd impracticable for the present That were His MAJESTY even of the Roman communion nay and being what He is there was nothing offered by this medium but what was and is His own by ancient Right I mean the naming of all Prelates and suffering no other such but of His own Nomination And for banishing Disturbers away That sure He could Himself do that without the help of either Pope or inferiour Bishops whenever he should find such Proscriptions necessary And further That if He could not at least by the Authority of His own Laws or must or would admit of the Popes Authority therein as necessary then surely he must also or would in so much and that an essential point of Temporal Sovereignty acknowledge His own dependance from a Forreign power which questionless He neither would nor could Therefore considering all this besides the strict Oath of Allegiance and Obedience which even such Archbishops and Bishops must before their Consecration take to the Pope and not they alone but all sorts of beneficed persons according to the present practice and Rules of the Roman Church or prescript of their Pontificals and other Canons and must take also even expresly against all those they call or esteem Hereticks the last proposed medium could be no medium at all not as much as any kind of way probable if the Remonstrance and all such other Recognitions were by the self-same Prelates and all other inferiour Irish Clergymen laid by Especially considering that the Oaths of Supremacy and Allegiance both Enacted by the municipal Laws here had been long since by the Popes and Court of Rome and by all their fast Friends or maintainers of
verbo complectar suppliciter significo Paternitati Vestrae Reverendissimae nolle Magistratum nostrum ullum admittere in Commissarium aut etiam Provincia Vicarium aut Ministrum Provincialem nisi talem qui fuerit Regi nostro ejusque Ministris gratus Ad satisfactionem alterius Partis nos hic congregati nominavimus duodecem personas ex solis Anglo-Hibernis supponentes quod unus vel alius esset positive gratus quo non obstante tandem resolutum est cum non sciremus quis foret positive gratus Gubernio neminem nominare Sed totum relinquere Prasentationi Curiae ne vel in minimo videamur velle Magistratum offendere Quare obnixe in Domino flexis genibus rogo Paternitatem vestram Reverendissimam quatenus quamprimum de tali ex Curia constiterit quod ipsum instituat in Commissarium seu Vicarium Provinciae ut Magistratui satisfiat tandem his litigiis finis imponatur videamusque semel Pacem in diebus nostris quod si aliquid interea superveniet a Reverendissimo Patre nostro Ministro Generali rogo quantocius securius mitti quia tunc etiam non parum temporis elabetur donec resciatur ex Curia an fuerit gratus qui mittendus est Quae omnia omni cum submissione offert rogat praesentat Paternitati vestrae Reverendissimae Reverendissime Pater Paternitatis vestrae Reverendissimae Servus Filius indignus Fr Antonius Docharty As for the Protestation or new Formulary of their own sent to me by that Diffinitory as you find it mention'd in their Letter to me you have it here following To the Kings most Excellent Majesty CHARLES II. The most humble Remonstrance Acknowledgment and Recognition of the Provincial Fathers of the Province Diffinitors and the rest of the Religious of the Order of St. Francis in Ireland WE do freely confess and declare in our Consciences Your Majesty to be our true and lawful King Supreme Lord and rightful Sovereign of this Realm of Ireland and of all other Your Majesties Dominions And therefore we acknowledge and confess our selves to be obliged under pain of Sin to obey Your Majesty in all civil and temporal Affairs as much as any other of Your Majesties Subjects respectively and as the Laws and Rules of Government in this Kingdom do require at our hands And that we will still acknowledge and perform to the uttermost of our Abilities our faithful Loyalty and true Allegiance to Your Majesty and That notwithstanding any power on earth pretended to the contrary be it spiritual or temporal or any sentence or declaration of what kind or quality soever given or pretended to be given or which hereafter shall be given or pretended to be given by any such power or by any authority spiritual or temporal proceeding or derived from any such pretended power against Your Majesties Rights or Royal Authority And we openly disavow and disclaim all Forreign power either spiritual or temporal inasmuch as it would or shall pretend to free discharge or absolve us from this obligation or shall any way give us leave or licence to raise Tumults bear Arms or offer any violence to Your Majesties Person Royal Authority and Rights or to the State or Government being all of us ready not only to discover and make known to Your Majesty and to Your Ministers all the Treasons made against Your Majesty or them which shall come unto our hearing but also to expose our Lives in the defence of Your Majesties Person Rights and Royal Authority as occasion will require and to resist with our best endeavours all Conspiracies and Attempts against Your Majesty be they framed or sent under what pretence or patronized by what Forreign power or authority soever And further we profess That all absolute Christian Princes and Supreme Governours of what Religion soever they be are Gods Lieutenants on earth in their own Dominions and that obedience is due to them according to the Laws of each Commonwealth respectively in all civil and temporal Affairs And therefore we do here protest against all Doctrine and Authority to the contrary And we do hold it impious and against the Word of God to maintain that any private Subject may kill or murther the Anointed of God his Prince though of a different Belief and Religion from his And we do abhor and detest the practice thereof as damnable and wicked Fr Antony Docharty Minister Provincial Ex parte Diffinitorii Fr James Cay Diffinitor Secretary of the Diffinitory O The place of the Seal In such very Form sealed with the great Seal of their Province and attested so as you see by the proper hand of their President and of their Secretary too in the name of the rest of that Diffinitory they sent me two original Duplicats of their said Protestation as of their own proper Remonstrance Acknowledgment and Recognition c. but without any either Preamble antecedent or Petition subsequent or other Complement or Address annexed besides those Letters to my self Another Paper also signed by them all was sent unto me by Father Gearnon from that meeting as all the other both Letters and Papers were by the Pacquet and Post For the truth is neither to him nor to any other of the more intelligent persons that were for the Remonstrance did any of all these either Letters or other Papers seem worthy of his toyle to come in person with them or even scarce to send them by the very Post However he did carefully send all those you have already seen and besides them this other protesting briefly in the word of Priests That none of them had by himself or other written any such matter as was contained in the Petition exhibited at Rome to the Cardinal Protector in the name or behalf of the Province of Ireland against Father Walsh Caron and rest of the Remonstrants Such was the effect in short of this other Paper as you shall see in their own words For having drawn a Copy of the said Petition upon one side of a Leaf and it as a true Copy authenticated by their Custos Custodum James Fitz-Simons their Provincial with his own hand on the other side of that same Leaf written in Latin as above and both himself and all the rest of the Diffinitory sign'd it as here now word by word Ego in verbo Sacerdotis protestor me nihil ex retroscriptis scripsisse aut scribi fecisse ad Eminentissimum D. Cardinalem Fr Antonius Docharty Minister Provincialis Idem ego testor Fr Petrus Gennor Diffinitor Fr Paulus Feranan Diffinitor idem testor Fr Antonius de Burgo Diffinitor idem testor Idem quod supra in verbo Sacerdotis protestor Fr Jacobus Caius Diffinitor Diffinitorii Secretarius But who sees not the equivocation or rather reservation and the cheat and insignificancy of this Paper 1. Because neither Thomas Makiernan nor Bonaventure O Mellaghlin two of the chief Anti-Remonstrant Fathers of the Diffinitory did sign it 2.
indeed I repented to have had any Communion with them especially the Primat 1. Because that whatever lye T.T. told me before yet he I mean the Primat brag'd that being offer'd to be admitted and introduced at Bruxels to kiss the Kings hand he plainly refused it nor ever did nor would hereafter at any time either kiss his hand or otherwise be presented to Him 2. That in the hearing of many whereof my self was one and at a publick treat or dinner he was even so carelesly passionate as to boast also That he had never been friend or well-willer to any of the four naming the King and his Two Brothers with the Marquess of Ormond nor would ever be 3. That to ingratiate himself and his party with Thurlo and the young Protector and to obtain favours and graces for them even with the exclusion of the Royal Party of the Irish Catholicks he amongst other arguments alledged That to the Contrivances Arms and Divisions made by Owen O Neil the State of England owed their present Possession of Ireland and that the same party of the Irish Natives ought to be not only on that account favour'd and trusted but because also they never had affection for the King or his Family 4. Finally that he writ Precepts under his Seal to all his Province of Ardmagh to pray for the health prosperity and establishment of the said Protector and State and Government of England and Ireland as they were then To which four I might have added that N. B. as soon as he understood of the Communication betwixt his other two Associats and me advised them presently to have me secured by a Warrant from Thurlo and that T.T. on my reasoning with himself in some case till I put him into passion threatned to my face and in great fury too before a certain Lady he would have me speedily fast enough by the heels Yet not this but the former four made me at last venture to acquaint my self with one of the Council of State and so contrive their sudden dismiss out of England back to France without other harm done them but that of an injunction to be immediatly gone at their peril And forc'd so away to France they were all three suddenly when they least expected it In France the Primat stays not but passes over thence immediately by Sea to Ireland and there accosts or sends to his old friends Collonel Theophilus Jones and his Brother Doctor Jones the Protestant Bishop of Clogher roames up and down in several Provinces of that Kingdome and so and by what else I know not the particulars gives occasion to those that knew him well to inform against him to the English Court in the Lowcountries then in the year 1659. and beginning of 1660 that he was endeavouring all he could to animate the Fanaticks and some other Protestants in Ireland against the coming in or admitting of the King to return or be restored at all and that he promised them to that end great assistance from or a conjunction of the stronger party of the Roman Catholick Irish Immediatly before His Majesties departure out of Holland for England Don Stephano de Gamarro then Spanish Embassador with the States is spoken to desiring his Excellency to inform the Court of Rome 1. of such a Bishop in Ireland who if taken must suffer by the Law 2. That His Majesty desired not to be put to the stress of signing the Warrant of his Execution 3. And therefore that even by commands from Rome he should be revoked immediatly out of Ireland Next Winter after the Kings happy Restauration and immediatly also after my Procuratorium signâ—d by the same Prelat in the first place and sent to me from Ireland I received from some in England a Duplicat of Commands sent from Rome to him for retiring on sight Upon receipt of these in Ireland he passes thence again to France writes to me from Roan a pittiful Letter both denying flatly the last Accusation to have been true and complaining that himself alone amongst the whole Irish Nation should be forc'd to mourn in those days of general Jubilee for His Majesties Restauration and therefore prays my Intercession for His Majesties unparallelâ—d Clemency and Mercy I returned him the most comfortable answer I could but withal advising him to patience for three years more as also assuring him that by that time I hoped my intercession for him should be effectual To Rome he goes writes to me once or twice from thence see Sect. 6. pag. 14. of the First Part and stays there till the beginning of the year 1665. when he returns back to France and writes and minds me of my promise And after some few exchanges more of Letters at last and according to my advice for addressing himself by Letter to his Grace the Duke of Ormond then Lord Lieutenant of Ireland he sent to me for the said Duke this following Letter of extraordinary great Repentance Submission and Prayer of Pardon from His Majesties mercy To his Excellency the Duke of ORMOND Lord Lieutenant General and General Governour of His Majesties Kingdom of IRELAND May it please your Excellency I Am the Publican standing a far off not daring to lift up mine eyes to the Heavens and your Grace but knocking my Breast humbly pray your Excellency be pleased to be favourable to me and make me partaker of His Majesties unparalle'ld mercies promising in the sight of God and his Angels that I will endeavour to comply in all points with his Soveraign Majesties most gracious Will and your Excellencies commands as far as shall become a modest faithful and thankful Subject If otherwise who am I but a Worm the reproach of Mankind the vilitie of the People a dead Dog a Flea And yet my gracious Lord Your Excellencies Most humble Servant Edmund Ardmach Paris Aug. 31. 1665. It is only to make the Reader understand first this Letter next some other passages hereafter which relate to a man of so great dignity in the Church and lastly what merits and considerations are most prevalent at Rome to procure the greatest Ecclesiastical preferments within His Majesties Dominions that I have given so large and particular account of this Prelate and not any hatred to or disesteem of his person or want of due veneration to his memory now that he is departed this life and I hope in a place of happiness and glory before this time I never had any private difference or quarrel with him in my life nor he with me for ought I know nay I found alwayes as some esteem and affection also in him for me so in my self I am sure no less to serve him where I could both unfeignedly and affectionately as I did all along for many years in all occasions And yet until the year 1669. a little before his death in France and his very last Letter thence to me I never knew of his having obliged me so much as he did hindring the
Ressort pour a la diligence de ses Substituts y estre pareillement leues publiees signifiees aux Professeurs de Theologie dudit Ressort a ce qu'aucun n'en pretende cause d'ignorance Faict en Parlement a Rennes le 21. Aoust 1663. We shall hereafter see those six above inserted Sorbon Declarations whether French or Latin as you have them here in both Languages out of the French Copy translated into English by the Fathers of our National Irish Assembly But for as much as it may peradventure be objected by some of the more unreasonably exceptious and contentious Irish That I ought rather to give here an exact Copy of the very and only Paris Impression it self in Latin of those Acts of that University than of any of them elsewhere in France Printed I thought fit to obstruct also herein such endless wranglers and give that which was transmitted in the said year 1663. immediatly from Paris to London Acta Parisiensia Declaratio Facultatis Theologicae Parisiensis per illius Deputatos Regi exhibita circa theses de Infallibilitate Papae OCtavo Maii die Ascensionis D. N. Jesu Christi convenerunt domini deputati de Mince Morel Betille de Breda Grandin Guyard Guischard Gabillon Coguelin Montgailard in domum Facultatis juxta decretum pridie in Congregatione Generali factum ut convenirent de iis quae Regi Christianissimo declaranda erant ex parte Facultatis per os Illustrissimi ac Reverendissimi D. Archiepiscopi Parisiensis designati cum Amplissimo Comitatu Magistrorum ejusdem Declarationes Facultatis Parisiensis factae apud Regem super quibusdam propositionibus quas non nulli voluerunt ascribere eidem Facultati I. NOn esse doctrinam Facultatis quod summus pontifex aliquam in temporalia Regis Christianissimi Authoritatem habet imo Facultatem semper obstitisse etiam iis qui indirectam tantummodo esse illam Authoritatem voluerunt II. Esse doctrinam Facultatis ejusdem quod Rex nullum omnino agnoscit nec habet in temporalibus superiorem praeter Deum eamque suam esse antiquam Doctrinam a qua nunquam recessura est III. Doctrinam Facultatis esse quod subditi fidem obedientiam Regi Christianissimo ita debent ut ab iis nullo pretextu dispensari possint IV. Doctrinam Facultatis esse non probare nec unquam probasse propositiones allas Regis Christianissimi Authoritati aut Germanis Ecclesiae Gallicanae libertatibus receptis in Regno Canonibus contrarias v. g. quod Summus Pontifex possit deponere Episcopos adversus eosdem Canones V. Doctrinam Facultatis non esse quod summus Pontifex sit supra Concilium Oecumenicum VI. Non esse doctrinam vel dogma Facultatis quod summus Pontifex nullo accedente Ecclesiae consensu sit infallibilis Ita de verbo ad verbum Acta Parisiis Impressa Regi exhibita Mense May 1663. For so word by word is the Printed Copy of the very Latin Paris Impression of these Acts and Six Declarations presented to His Most Christian Majesty in the month of May 1663. XIII THE Reader may now questionless expect an account from me of some either learned or at least prudential debate amongst the Fathers in so grave an Assembly upon so solemn a Message as you have before seen to them on such a Subject from the Duke of Ormond His Majesties Lord Lieutenant then of that Kingdom But I am sorry I can give none at all either of the one or other sort nay nor of any either learned or unlearned or prudential or imprudential because of no kind of debate on that Message For indeed they took no more notice of it than if none at all had been sent them the leading men the Prelats and their numerous and sure sticklers over-awing and silenceing presently any that seemed inclining to move for paying as much as any even due or civil respect in such matters to the Lord Lievtenant or as much as to dispute the equity of what their Cabal had privately before the Congregation sate resolved upon viz. not to comply with His Grace in any material point but to sign and present a new unsignificant Formulary of their own i. e. That prepared to their hands and utterly decline That which His Grace expected from them yea not to suffer any mention at all to be as much as once made in publick of the former Remonstrance So powerfully influential on them was their Prophetical opinion of wonders to be expected by and for themselves done in that wonderful year of 1666. Nor did they seem at all to consider they might be as well defeated of all such their vain worldly carnal hopes of Empire Glory Pomp which they drove at as the Apostles were when before receiving the Holy Ghost in fulness on the 5th day they put this vain question Domine si in tempore hoc restitues Regnum Israel But to leave animadvertions so it was indeed That the Fathers did not once debate not only not the heads of the Procurators Speech but not a word of the very Message from his Grace Albeit they considered how to gratifie the Procurator himself for what was past i. e. for the liberty they had now enjoyed for so many years since 1662. through his endeavours and oblige him also for the future to continue the like endeavours for them as their Procurator And indeed I had scarce been an hour abroad hard by them walking in a Garden to take the fresh air after my long speech which together with the heat of the room made me retire a little when Father Francis Fitz Gerrald a Franciscan one of the Members of that Congregation as Procurator for the Vicar General of the Diocess of Cluan a vacant See in the Province of Casâ—el came with pleasing news to flatter me as he thought telling me the Congregation had voted two thousand pounds sterling to be Levied of all the Clergy of the Kingdom by several gales to be payed me towards my expenses hereafter in carrying on as general Procurator the great affair of their liberty and freedom as till then I had the four last years Him at that time I only answered that was not the point to be either resolved or debated Soon after the Primat himself came forth to me where I continued alone walking And he also would with the same consideration have wrought me to a more plyant temper I answered him to this purpose My Lord you should have known me better then to think to amuse me with the news of any such prepostrous either motions or resolves There will be time enough to consider of such inferiour matters when you shall have first done your duty in order to the King to my Lord Lieutenant and Protestant State Council Parliament which are and ought to govern you under God in all temporal affairs nay your duty to your Native Country and Irish Nation your Church and Catholick Religion and when you shall consequently
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 â—â—ident I am sure all other judicious and knowing men even such as are â—iâ—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 〈◊〉 demâ—â— Patris tui 3 Reg. 18.18 qui â—ereliquistis mandata Domini secuti estis Bealim And 〈◊〉 that nâ—â— 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 â—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
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
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
the People should be deprived of the King's authority and the benefit of the Articles of Peace is apparent by this Declaration and Excommunication wherein they direct the People to return to their Association which is inconsistent with both and by the Answer of the Bishops at Galway to the Commissioners whereof We shall have occasion to speak hereafter And where they charge Us with Envy to the Nation for doing Our Duty to the King VVe hope to have given such proof of the contrary as hath satisfied the most interested men in the Nation And VVe conceive We could not have manifested Our affection to it by a more signal instance than by offering to leave His Majesties authority in the person of the Lord Marquess of Clanrickard and to withdraw Our Self to sollicite for Supplies when it was most probable they might be got finding that Our being a Protestant gave these Declarers some advantage to withdraw the People from their obedience to Us. Twelfth Article of the Declaration That his Excellency and the Lord Inchiquin when Enemies to the Catholicks being very active in unnatural execution 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 Thomond where no danger or the Enemy appeared spending â—heir 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 ANSWER We are not willing to look back so far as to the time when by His Majesties Command and Commission We bore Arms in the War against the Confederates but must justifie Our Self That We were never active in unnatural execution against them but have many times suffered much Calumny for Our desire of preserving many of them that fell into Our hands as some in that Assembly can witness who were by Our means preserved and if they think fit may testifie as much But if the Declarers oppose Our being active then to Our unactivity this last Summer as an argument of Our want of desire to oppose the Enemy We answer That in the time they mention We had free Election of Officers the absolute power of Dublin and other Garrisons where We caused the Souldiers to be continually exercised their Arms kept in order and could in a short time when We pleased have drawn the Army together and marched with it where We pleased Advantages which rendred the Victories We gained full as easie as those gotten by the Enemy against Us have been upon the like advantage on their part It is true That all this last Summer We and the Lord Inchiquin have continued in Connaught and Thomond where there was no Enemy But it is also true That We were not suffered to have the means of preparing an Army fit to seek or oppose an Enemy as We have set down in Our Letter of the second of August to the Bishops at Jamestown recited formerly upon another occasion And since they here mention the Lord Inchiquin with Us We think fit to mind divers in that Assembly to whom it is well known that many of the Bishops did long since upon several occasions declare That all their suspition and the suspition the People held of Us was by reason of the power the Lord Inchiquin had with Us. And that during his continuance in employment or the continuance of any of his Party in the Army it was not possible for them to remove that suspition out of the minds of the People But that if his Lordship were once out of Command and his Party removed they doubted not full and chearful obedience would be given Us. Hereupon his Lordship voluntarily withdrew himself from having to do with the conduct of the Army yet is he by these men charged for want of activity When his Lordship had thus waved his employment and his Party were gone off and that they had wrought the like distrust of the remainder of the Party that came off to Us from Dublin and other parts so that now We were forced likewise to send them away then they judged it a fit time for them to declare also against Us. Then divers Bishops and other Churchmen changed their note and dealt underhand with the Lord Inchiquin to stay in the Kingdom though We should go saying That the distrust and dislike of the People was only against Vs and not against him Then they fell first to call their meeting at Jamestown and then to publish this Declaration from which they were with-held for fear all the time the foresaid Parties were with Us. This We suspected would be the issue of their working away the Protestant Party and of all their promises Yet to leave them wholly without excuse and to satisfie some that believed better of them We consented to part with those men of whose courage and fidelity to His Majesty and affection to Us We had good experience and cast Our Self wholly upon the assurances these Bishops and others had so often and so solemnly made to Us of giving Us and procuring for Us all possible compliance and obedience the result whereof appears in their Declaration Yet it is very well known That whenever the Enemy drew towards the Shannon side We drew together all the men We could to the defence of the passages which otherwise the Enemy had gained And whatever Our play and merriment was We had certainly as great cause to grieve at the loss of a Kingdom to His Majesty as these Declarers who have not carried themselves so towards him as to expect a greater proportion of His favour than We. Thirteenth Article of the Declaration That his Excellency when prospering put no trust of places taken in into the hands of Catholicks as that of Drogheda Dundalk Trym 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 ANSWER In answer to this Article VVe say that Drogheda was put into the hands and trust of Sir Arthur Ashton a Roman-Catholick and that of the Souldiers and Officers of that Garrison the greater part were of that Religion That for Trym it was governed by Mr. Daniel O Neil who though a Protestant was yet a Native of this Kingdom and one that had manifested great affection to the Nation That the greater part of the Officers and Souldiers with him were Roman-Catholicks and that the Lord Viscount Dillon a Roman-Catholick had Command over the said Daniel O Neil For Dundalk it is known that place was given up
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
and criminal nature Fourthly That in the Month of September last there was published and declared in the Town of Galway a false scandalous and trayterous Excommunication and Declaration against any that should obey or adhere unto His Majesties Government and Authority in Us who are onely therewith trusted as Lord Lieutenant of this His Majesties Kingdom and another Power and Government without and against His Majesties said Government set up and practised and that the Mayor and Aldermen with a multitude of others of the said Corporation were present countenancing and abetting the said trayterous Excommunication and Declaration and do yet countenance and abett the same by entertaining relieving and cherishing the contrivers and publishers thereof Which by the Laws in force in this Land is High Treason Fifthly That in the said Month of September last or in the Month of October the Captain of the Guards of that Town commonly called the Captain of the young Men did make search for Us in the said Town as after a Criminal person or Fugitive thereby endeavouring to bring scorn and contempt upon Us and His Majesties Authority placed in Us. Lastly There were divers Sums of Money put aboard the Ship called the Seven Stars to be Transported out of the Kingdom without Licence there were Fells and divers other Commodities put aboard un-entred in the Custom-house for which Goods no Custom was paid to His Majesty Which were sufficient grounds to cause the said Ship and Goods to be seized on the Goods belonging to Merchants of Lymerick and Galway as was acknowledged in Letters from the Mayors of both Corporations desiring restitution Eleventh Reason The vast Sums of money and the stock of the people consumed more being spent to lose the Kingdom than the Enemy bestowed to conquer us not accompted for though often demanded doth disanimate the people to come again under His Government Answer For as much of this as concerns Us VVe have answered in Our Answer to the Declaration of the Bishops and shall onely add That VVe are neither by the Articles of Peace to accompt for Monies spent nor to bring any Receiver to accompt but that power is in the Commissioners by the 28th Article of the Peace Here again they take upon them to declare the sense of the People without Authority from them Twelfth Reason The event of War being uncertain if the Nation should be reduced to the condition of agreeing with the Enemy His Excellency were not a fit man to agree for the exercise of our Religion Churches Altars or any thing concerning the same Answer VVe acknowledge Our Self no fit person in any event of War to agree with the Enemy for the People committed by His Majesty to Our Government without Licence from His Majesty Conclusion The best way offered unto us in this pressing exigent for the union of the Nation and keeping them from agreeing with the Enemy is That the Marquess of Clanricard in whom according to the sense of the Congregation at Jamestown we desired the Kings Authority should be left before the coming of the King's Declaration may govern the Nation with the consent of all Parties and the King's Authority from the Lord Lieutenant which he conceives is in him until an Assembly and to that end that a free and lawful Assembly be made to sit to judge upon the Peoples preservation and to decree and order what shall be best and safest for the defence of the Nation touching the King's Authority to be kept over them the Peace to be asserted and made good or to renew the Association or any thing else they shall find best and most expedient To this we willingly submit For we never intended to hinder Assemblies or to give Law to the People All we endeavoured was to defend the Altars and Souls entrusted to us As we are of opinion the Souldier will follow the Marquess of Clanricard and the People obey him so will we contribute our best endeavours to this effect We further give assurance hereby That if a free and lawful Assembly upon due consideration of their own state and condition shall find it the best way for their safety and preservation to make agreement with the Enemy as we intend never by the Grace of God to grant away from us by an affirmative assent our Churches and Altars if forced from us we are blameless so will we not hinder the People from compounding with the Enemy for the safety of their Lives and Estates when no way of offence is appearing though upon such Agreement we see that we alone shall probably be the losers of Sees Estates Churches Altars Immunities and Liberties But in such Contracts with the Enemy if any shall happen which God avert we shall pray and conjure the Catholicks of Ireland that That of the Maccabees may be recorded of them to future Ages Erat enim pro uxoribus filiis itemque pro fratribus cognatis minor sollicitudo maximus vero primus pro sanctitate timor erat Templi This is the Answer delivered unto Us * * Understand the six Commissioners that undersign this Attestation the 5th of this instant November by the Bishops of Killalla Fearnes Kilmacduogh Clonfert Kilfenora and Dromore after several Conferences upon the Proposals made unto them at Galway the 7th of November 1650. SIGNED Gerald Fennell Rich Bellings Geffr Browne Lucas Dillon Rich Barnewall Rich Everard Answer Touching the wayes advised by them for preservation of the Nation it is also referred by Us unto the consideration of the Assembly We being disabled by the practises before set down to act any thing towards it in the way of opposition to the Enemy But where they say they never intended to hinder Assemblies or give Law to the People it is plain that they declared the People were not longer to obey Our orders who only even by the Articles of Peace had power to call an Assembly And if to give and take away Governours at their pleasure from the People as these men have done be not to give Law to them it is yet the highest Prerogative exercised by the Kings and States of the world And if they can no otherwise than by assuming this power endeavour to defend the Altars and Souls trusted to them the world hath long wanted the example given by them and the Apostles and primitive Bishops and Fathers of the Church have been wanting in example and precept The necessity inforcing this Declaration from Us and the reason why We have made it thus long and particular We have before given you And now that We are come to a Conclusion We desire that when you find We are any thing sharper in Our expressions than sutes with the Respects you have to these Prelates and other Clergymen you would then likewise consider the provocation they have given Us. And that as to compass their ends they have not forborn falsely to charge Us with the highest Crimes imaginable and with the greatest
defects and failings that can render a Man of Our condition and profession contemptible so it was in Our own defence necessary for Us to shew That this judgment was not given of Us by a grave Congregation of advised temperate and loyal persons but by factious rash violent and disloyal men assembled without Authority transported with Spleen Arrogance and Ambition taking advantage of the ill successes themselves are guilty of to declare things contrary to Truth and contrary to the sense and desire of many learned and pious men of their own profession that are born down and awed by their Tyranny the truth and justification of which judgment is disavowed by some who are mentioned in the Subscription as being obtruded on them by the major vote or done by their Procurators without their assent or knowledge To conclude We profess to the world That We have a high reverence to and esteem of the Character of Episcopacy even where We dissent from the Doctrine taught by those that bear it But if they shall lay aside the ingenuity the moderation the charity becoming their Function nay the humanity and civility becoming Men and that to Our personal defamation We conceive We may detect the faults of the persons and yet retain Our respect to the Function And so We bid you heartily farewel from Kilcolgan the second of December 1650. Your very loving Friend ORMOND For the Lords and Gentlemen assembled at Loghreogh These The General Assemblies Publick Act and Declaration dated at Loghreogh the 7th of December same year 1650. upon and some few dayes after receipt of the precedent Letter from the Marquess of ORMOND then Lord Lieutenant of Ireland WHereas the Archbishops and Bishops met at this Assembly have of their own free Accords for removing of Jealousies that any might apprehend of their proceedings Declared and Protested That by their Excommunication and Declaration at Jamestown in August last they had no other aim than the preservation of the Catholick Religion and People and did not purpose to make any Vsurpation on His Majesties Authority or on the Liberties of the People confessing it belongs not to their Jurisdiction so to do Vpon consideration of which their Declaration and Protestation and their professions to that purpose in this Assembly and of His EXCELLENCIES Letter dated the 16th of November last recommending unto us as the chief ends for which this Assembly was called the removing of all Divisions as the best way for our preservation We the Lords Spiritual and Temporal and Gentry met in this Assembly conceiving that there is no better foundation and ground for our Vnion than the holding to and obeying His Majesties Authority to which we owe and ought to pay all dutiful Obedience Do hereby Declare and protest That our Allegiance to His Majesty is so inherent in us that we cannot be withdrawn from the same nor is there any power or Authority in the Lords Spiritual or Temporal Gentry or People Clergy or Laity of the Kingdom that can alter change or take away His Majesties Authority we holding that to be the chief flower of the Crown and the support of the Peoples liberty Which We hereby Protest Declare and Avow and also do esteem the same essentially inviolably and justly due from us and the chiefest mean under God to uphold our union and preservation And do unanimously beseech His EXCELLENCY in His great affections to the advancement of His Majesties service and His hearty desires to this Nations preservation to which He hath relation of highest Concernments in Blood Alliance and Interest to leave that Authority with us in some person faithful to His Majesty and acceptable to the Nation To which person when made known unto us We will not only afford all due Obedience but will also offer and propose the best wayes and means that God will please to direct us to for preservation of His Majesties Rights and Peoples Interests and Liberties and for begetting ready Obedience in all places and persons to His Majesties Authority And we do further Declare That albeit after Droghedagh and all other places which were upon conclusion of the Peace in January 1648 in the enemies power in this Kingdom the Cities of Londonderry and Dublin onely excepted were in His EXCELLENCIES time of Government and Conduct thorough many hazards in His Person and loss in His Fortune reduced to His Majesties obedience God was pleased to bring us to the state and condition We are at present yet We are fully satisfied that His EXCELLENCY had faithful intentions and hearty affections to advance His Majesties interest and service in this Kingdom Logbreogh 7th Dec. 1650. By Command of the Assembly Richard Blake FINIS
on the other side or even calling for them by Summons or otherwise at any time before such prejudgment given or made This I say is it that both obliges and warrants me in all reason to except against them as incompetent Judges of me or my writings in that Cause i. e. to except against their individual persons but not against their Authority placed in other men of less interested or byass'd judgment Nor certainly will this Exception appear strange or ill-grounded to such as shall be pleased to turn over in this Book not only to the many divers Letters of Roman Cardinals and Bruxel Internuncio's written at several times and upon several occasions since the year 1661 to Ireland against the same Cause and me and the rest of the Remonstrants but also to the Louain Theological Faculty's Censure * Dated at Louain 1662 Dec. 29. against it i. e. against the Loyal Irish Remonstrance and Subscribers of iâ— I pass oâ—er wholly in silence at this time the Bull of Pope Alexander VII * Dated at Rome 1665 Aug. 27. in the former cause of the Appeal made anno 1648 to Innocent X by the then Supreme Council of the Roman-Catholick Confederates of Ireland from those wicked Censures of Interdict and Excommunication fulminated that year and in that Kingdom against them and all other Irish joining with or obeying them in the Cessation of Arms concluded with the Royal Party of Protestants I say fulminated therefore against them by the Archbishop and Prince of Fermo Joannes Baptista Rinuccinus Nuncio there from the foresaid Innocent X. though a very partial inconsiderate Bull grounded falsely and given directly against all the more Loyal Irish Catholicks and given so of meer purpose to make them receive absolution in forma Ecclesiae consueta and consequently to do publick Pennance for having return'd but onely so nigh their obedience to the late King of ever blessed Memory as a meer or bare Cessation of Arms in order to the preservation of His Majesties interest when their own could not subsist without it in that Kingdom And these being the Six Appendages of so many Questions going before concerning my own constancy or inconstancy in Religion you are now at liberty to determine as to that matter what you think fit So having by this time inlarged my self I hope sufficiently enough for the information of some conviction of others and satisfaction of all ingenuous lovers of Truth having discharged my Conscience and spoken my Mind touching all the three Motives that induced me to this Dedicatory Preface to you it remains that howsoever or whatsoever you judge of me or my carriage or my writings I nevertheless continue my due regard to your Benefit and conclude this Discourse as it almost begun and for the matter proceeded all along with re-minding you most affectionately of your own and your Posterities and your Religions great Concern both in the Loyal Cause I contend for and in those happy ends at which I drive Therefore in the Apostles words Before God and our Lord Jesus Christ who shall judge the quick and the dead at his appearing and his Kingdom by all the desires you have of your own and your Posterities living comfortably in this world as free-born Subjects in your Native Countrey and by all the hopes you have conceiv'd of enjoying that better Countrey with eternal life and rest in the world to come by all your zeal not only for the vindicating of your Religion from the scandal of Disloyalty Perjury Cruelty Inhumanity Tyranny c. both in Principles and Practices but of inviting also by taking away the grand Rock of scandal those of other Churches to save their Souls in the communion of yours or of the Roman-Catholick Church if indeed you believe there is no salvation for them otherwise and by all your godly wishes of a true understanding reconciliation union peace between all Churches professing the Name of Christ and more especially between His Majesties Protestant Subjects and your selves en fine by all that is Sacred and by all that is according to reason and grace desirable I conjure you that your selves mind as you ought that great Concern of your own and mind it both effectually and speedily without further delayes I beseech you as Christians and as Catholicks by the onely adorable name of the Holy Jesus whose Doctrine you should desire to follow above all things consider That his Kingdom was not of this world (a) John 18.36 That surely he gave neither to St. Peter himself nor to any other of his eleven or twelve Apostles separately nor even to all the same twelve or thirteen with Peter and Paul collectively taken any other sort of Kingdom or the Lieutenancy of any other Kingdom than what himself had in the dayes of his abode in flesh or as he was a mortal man before his Resurrection (b) See â—â—lâ—â—â—ius himself lib. 5. de Rom. Poâ—â—tiâ— c. 4 â—itt D. That the Keyes of Heaven and the Crowns of earthly Kingdoms import very different things That as his Father sent him (c) John 20.21 22 23. so he sent all the twelve with equal and with onely Commission to remit and retain sins viz. by his Power and by his Word and by his Sacraments but not to give or to take away Scepters or Crowns (d) Non eriâ—â—â— mortalia 〈◊〉 regna dat â—â—â—lestia by any means whatsoever That he commanded what is due to Caesar to be paid to Caesar as well as to God what is due to God (e) Matth. 22 23. That Paul the thirteenth Apostle and Vessel of Election in his Epistle to the Romans * Rom. 13.1 5. plainly declares That subjection to the supereminent secular powers which carry the Sword of Justice and receive Tributes is due from every Soul and that not onely out of fear of their Sword but for Conscience sake and for fear of hell and damnation it is due from every Soul among you even from those who are the most spiritual in profession even from those who are the most high in Spiritual or Ecclesiastical Function Priests Monks Bishops Archbishops nay were they Apostles were they Evangelists were they Prophets whosoever they were as Chrysostom spake * Chrysostom Hom. 23. in Epist Paul on this Text Rom. 1â— Omnis anima c. near Thirteen hundred years since on this very Text of the Apostle and in effect with Chrysostom all the Holy Fathers of the Christian Church before and after him for a Thousand years from the Apostles time until Gregory VII That Exemption from and much more Dominion over the said Powers ate inconsistent with Subjection to them in the same Temporal matters That other Divine right of Dominion either direct or indirect His present Holiness of Rome cannot justly pretend than what He derives from Christ by or through St. Peter nor other Humane right to any Kingdom than what the free consent of the Princes People and Municipal Laws
could moreover with the Apostle (i) Rom. 9.3 wish himself were accursed from Christ and with Moses pray to be blotted out of the Book (k) Exod. 32.32 My Lords Fathers and Gentlemen Your most humble and most devoted Servant in Christ Peter Walsh London Octob. 28. 1673. TO THE READER READER I Have but now amongst so many other Heads in my Epistle given the ends both intrinsick and extrinsick of all my Writings on the Subject of this Book And I suppose you also have already there observed those intrinsick ends to be no other than 1. A necessary defence of some important yea Evangelical Christian Truths and 2. A just vindication of some few honest men who are strangely persecuted for declaring signing and not retracting those very Truths Neither do I question but you have likewise there i. e. in the said Epistle seen and observ'd at large my onely chief extrinsick ends to be the Ease of Roman-Catholicks and the Peace of both Churches I say now with some remark my onely chief c. because I cannot deny but that whil'st I chiefly or finally aimed so far off at those greater ends of Ease and Peace I intended nevertheless to drive more immediately at the nearer and necessary either means or dispositions to attain them That is I would not onely in the first place drive at the convincing of the Roman-Catholick Clergy in general of Ireland how unreasonably their Representatives viz. the Fathers or Members of the National Congregation held at Dublin anno 1666 determin'd in their general concerns and how mightily if not even irrecoverably in our dayes the very name of Roman-Catholick is prejudiced in these Nations by that Irish Synod but I would also drive at the consequential preparing of them all with better principles affections and resolutions against their next Ecclesiastical and National Meeting if peradventure God in his great mercy shall vouchsafe to give them once more such an opportunity of doing themselves and others directed by them and their Religion above all that greatest right which they ought to do by correcting throughly what the former Dublin Congregation did amiss And this in truth of convincing and preparing so as I have now said the Roman-Catholick Clergy in general of Ireland was I must confess one of the more immediate ends of my writing this Book albeit still with due subordination to those other no less excellent than remote or even ultimate which I proposed to my self in this life As for the more immediate Contingencies also which in their kind really and properly occasion'd it I mean this present Work I can assure you on the word of an honest man they were no inclinations in me to scribling or publishing my own private sentiments nor were they any effects at all of prejudice or passion much less of malice on my side to any man or number party or faction of men But the unhappy counsels of the foresaid National Irish Congregation held at Dublin and the just demands of those who had lawful Authority to command me and the peculiar obligations on me as being Procurator of the whole Clergy both Secular and Regular of Ireland to satisfie in what I could all such demands were the immediate and concurring Contingencies that not only gave me occasion but even put me under a very great necessity of writing the Publick Transactions as well of as relating to and necessary for understanding fully the Intrigues of that Ecclesiastical Irish Synod But neither the Contingencies that occasioned nor the Ends that induced me to write are to my purpose now The design of this different Preface to thee Reader is to give briefly such other Advertisements as I think necessary and you will not I hope think superflubus concerning 1. The several Treatises of this Book their number method and some particular matters either examined throughly or but incidentally reflected on in them and 2. concerning also the several Appendixes annexed to the said Treatises Know therefore now that I. Immediately after the foresaid National Synod of Dublin was ended without having done any thing answerable to the end for which they were permitted to convene and sit with all freedom for fifteen dayes and after also the Provincial Chapter of the Franciscan Order was within another moneth both held for six or seven dayes together in the same place and with the same freedom and dissolved in the same manner without giving the State any satisfaction I took pen in hand and as it was expected from me writ those three small Treatises which make the Second Third and Fourth of this Book I writ them if not in answer at least to consider the vanity and shew the insignificancy of so many i. e. of three several Papers presented from the foresaid National Congregation to the then Lord Lieutenant of that Kingdom His Grace the Duke of Ormond Of which Papers two were subscribed by many hands but the third by none at all II. As in these Three later Treatises I related to a former although not then written viz. the First which you have now here in its due place so I did also to a Fifth and Sixth as following in the same Book These two last I intended should be on the Fifth and Sixth of the Six Sorbon Declarations of the year 1663. Because the foresaid Irish National Congregation refused to subscribe them applied c. albeit they had subscribed the first Three of the said Six of Sorbon and promised to subscribe all the Six 'T is true they declined also the signature of the Fourth of them But having by me then upon the subject of the same Fourth a Latin Treatise which I intended to publish separately by it it self least otherwise the Book should swell bigger than I would have it and considering also that for what concerned these Sorbon Declarations the grand Contest in that Dublin Synod was not concerning the Fourth but concerning only the Fifth and Sixth of them I confined my thoughts to the Design of Six Treatises only for this Book without farther addition III. I had no thoughts of lessening this number of Six Treatises until by writing the First Treatise I found that contrary to my expectation the bulk would swell too much if I should annex the said Fifth and Sixth because these alone would contain about Sixty sheets and that however I thought it necessary to add some other Appendixes IV. For these Considerations beside other I have abridg'd here the said first intended number of Six Treatises and do remit the Fifth and Sixth of them to another Tome Whereof I thought fit particularly to advertise thee good Reader because in the Second Third and Fourth Treatise or in some of them I am sure printed before I took this resolution I remit thee to the said Fifth and Sixth as if they did follow in this present Book V. Albeit the design of the First Treatise was onely to give a Narrative of matter of Fact c as you may see
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
six months were over and the Clergie had been ashamed of their own obstinacy and no less confounded at their own scarce credible inconsiderancy But it pleased God to dispose affaires so that His Grace the Lord Lieutenant albeit otherwise very desirous to see these letters take effect as he was timely acquainted with the drawing and signing of them yet as they were ready to be dispatch'd to the several Counties and most of them too by Noblemen considering the dangerous plot then in hand amongst those disloyal Fanaticks who were to seize the Castle of Dublin and thinking prudently that if any papers whatsoever were carried about at that time by the Catholicks for getting hands or subscriptions those wicked plotters and their party would misinterpret them and pretend thereby a plott or some dangerous conspiracy a preparing amongst the Papists whereby to excuse the better themselves for meeting frequently in armed troups by day or night and considering moreover what influence the Irish Clergie had in the late warrs on the Layety of their communion yea notwithstanding any former Oath and that the same might be again unless the Clergie themselves had subscribed His Grace was pleased for these reasons to countermand for that time and suspend ever since the sending about of those letters expecting it might be done more seasonably when the Clergie had signed first and questionless too expecting the Clergie would sign as soon as their pretence of not dareing to meet by Representatives in a general Congregation were layed aside though it happen'd otherwise as will appear in the second Part of this first Treatise XLVI However the Catholick Gentry or old proprietours of the County of Wexford and few survivours of the Cittizens of that Town expected no such invitation by letters from the Noblemen but without any other then that they had gathered out of The More Ample Account and their own reason having framed for themselves a suitable both Petition to the Lord Lieutenant and preamble to His Majesty subscribed the Remonstrance with about two hundred hands for they wanted only three of that number and sent it His Grace by Mr. William Stafford of Lambstown who took great pains in this business Which Instrument of theirs I would not omit to insert here at length as an eternal monument of their honest loyal hearts however they have been abused in the late warrs by some of their spiritual leaders though perhaps that too more out of ignorance and blind zeal then any malice and whatever or how sad soever their condition above most other Counties be ever since as it was then when they signed so freely of themselves yea notwithstanding the contrary endeavours used by some Clergiemen especially two Fathers of the Society to disswade them Whether those Fathers behaved themselves so undiscreetly out of any disaffection to the King or rather out of mistaken Religion and prepossession by such foolish arguments as they had learned in their own Schools or by reading Bellarmine Suamz or such other by ass'd writers or whether by special command or direction of their Superiours I knew not To His Grace the Duke of Ormond Lord Lieutenant General an General Governour of Ireland The Humble Petition of the Subscribers MOst humbly sheweth that they come with the same alacrity and cheerfulness to present to your Grace the ensueing Remonstrance and Protestation which some of their fellow Subjects of the Nobility and Gentry of this Kingdom not long since humbly laid at His Majecties Feet Who was graciously pleased to accept thereof And they with the same zeal acknowledging themselves to be bound in the same duty and indispensable tyes of obedience to His Majesty His Heirs and Successors in all temporal matters do humbly beseech your Grace that this their most hearty concurrence to the same faithful Protestation and humble Remonstrance may be made the more acceptable by your Graces conveyance thereof to His Majesty And they shall pray c. To the Kings Most Excellent Majesty The faithful Protestation and humble Remonstrance of the Roman Catholick Gentry of the County of Ireland WHereas a considerable part of the Roman Catholick Nobility and Gentry of Ireland by the name of the Roman Catholick Nobility and Gentry of Ireland presented to your most Excellent Majesty a sincere Protestation and humble Remonstrance intituled the faithful Protestation and humble Remonstrance of the Roman Catholick Nobility and Gentry of Ireland for divers substantial and solid reasons in the said faithful Protestation and humble Remonstrance ingenuously and conscientiously expressed and set forth Now we the said Roman Catholick Gentry of the said County of Wexford whose names are hereunto subscribed being members of the said Roman Catholick Gentry of Ireland being bound in Conscience and duty to own the said faithful Protestation and humble Remonstrance as well as our Countreymen first subscribing thereunto for the motives in the said faithful Protestation and humble Remonstrance expressed and in imitation of our said Countreymen and to avoid all jealousies and misopinions which may be concieved of our selves and of our Religion and feareing least we may be thought to vary from the said first Subscribers in doctrine in Religion or Religious Tenets do sincerely and truly without Equivocation or mental reservation in the sight of God and in the presence of your Majesty Acknowledg and confess your Majesty to be our true and lawful King Supream Lord and rightful Soveraign of this Realm of Ireland and of all other your Majesties Dominions and therefore we acknowledg and confess our selves to be obliged under pain of sin to obey your Majesty in all civil and temporal affairs as much as any other of your Majesties Subjects and as the laws and Rules of Government in this Kingdom do require at our hands and that notwithstanding any power or pretention of the Pope or Sea of Rome or any sentence or Declaration of what kind or quality soever given or to be given by the Pope his Predecessours or Successours or by any authority spiritual or temporal proceeding or derived from him or his Sea against your Majesty or Royal Authority we will still acknowledge and perform to the utmost of our abilities our faithful loyalty and true Allegiance to your Majesty And we openly disclaim and renounce all forraign power be it either Papal or Princely spiritual or temporal or us much as is may seem able or shall pretend to free discharge or absolve us from this Obligation or shall any way give us leave or licence to raise tumults bear Arms or offer any violence to your Majesties Person Royal Authority or to the State or Government being all of us ready not only to discover and make known to your Majesty or to your Ministers all the Treasons made against your Majesty or them which shall come to our hearing but also to loose our lives in the defence of your Majesties Person and Royal Authority and to resist with our best endeavours all conspiracies and attempts against
the King labours and watches for the defence not onely of Laicks but of Clerks also therefore not Laicks onely but also Clerks do give him that honour which is due to Kings according to the precept of the Apostle Peter Fear God honour the King 1. Pet. 2. Finally they pray for the King as the Apostle bids them 1. Timoth. 2. saying I desire therefore first of all things that obsecrations prayers postulations thankes-givings be made for all men for Kings and all that are in preheminence Nor onely do they power their prayers to God for Kings in general but say in specie in particular pro Rege N. vel pro Imperatore N. for our King N. or for our Emperour N. expressing their names First therefore what Bellarmine sayes here is that the King may exempt some part of his own people from some part of his own power or even from his own whole power And this he proves thus Because sayes he the King may bestow on some house or Citty an exemption or immunity from tributs What 's this to our question Doth an exemption from tributs work this effect that whoever is so exempted is no more bound to the Prince in any kind of subjection For this is the onely question We confess the priviledges given to Clerks to be greater then a sole exemption from tributs but we deny that Clerks therefore are totally manumised set free or exempted from their subjection to Princes But sayes Bellarmine it is the prerogative of a Prince to exact tribute as it is to command or judge or punish and therefore if he can remit the one why not the other A vast difference there is most eminent Cardinal It is indeed proper to or the prerogative of a Prince to exact tributes because none exact such but Princes or States which are the same thing here But it is also proper to a King to remit tributes because none else may and that by such remission he ceaseth not to be â—â—ince of the same persons or people or City to which tribute is so remitted and that it may also be expedient sometimes for his Principality to remit them Nay if Princes had universally remitted all kind of tribute to all the people of their Dominions as Nero thought to do and could and would content themselves and bear all the charges of the publick and defend it too with by and out of their own patrimony would they fall therefore from their Principality But it is no way proper to a King to remit to any in all things all kind of obedience or subjection to himself and yet still to be truly called and truly essentially or properly to be or to remain King of those very persons to whom such remission is made because the power of lording commanding judging punishing at least in some cases is the very essence of Principality so that the Prince cannot remit or quit this and withal continue Prince Nor doth Bellarmine help himself by saying that albeit the Prince may not exempt or set free all his people and still remain Prince yet he may some part of them For it is plain that he cannot any part and together be Prince or King of that part whereas it is of the very essence of a King to lord it over and command his whole Kingdom to provide for his whole Kingdom and to have all within his Kingdom Natives Forreigners Dwellers Sejourners Inmates Travellers c. of what degree or quality soever obnoxious or subject to his will and laws the good to be encouraged to be rewarded by him and malefactors to be coerced and punish'd also by him Nor indeed is he instituted King to govern any part or parts of his Kingdom but to govern the whole Kingdom And therefore it must be that if he exempt any part from subjection to himself which yet he cannot de jure without the consent of all the Estates of the Kingdom he must as well in order to such part cease to be King as he would in order to all if he had bestowed that plenary exemption upon all and every part of his Kingdom For I beseech you what rational man would perswade himself that for example the present French or Spanish Kings are absolute Kings respectively of all France or of all Spain or of all French and Spaniards if in the richest and fruitfullest Territories of all France there be four or five hundred thousand Frenchmen and so many French women and if double trebble or quadrubble that number be in the Spanish so exempt from the French and Spanish Kings Dominions and yet so diffused in every Province County City Corporation and the very Villages that nothing can be more and yet having moreover so much influence on the rest of the people that they can turn them which way they please Or how could for another examples sake either Henry the Eight in England or his Catholick Predecessors be justly called or stiled Kings of England if the Clerks of that Kingdom then almost innumerable and possessing as their own proper lands and goods wel-nigh the one entire moyety of it were not truly and properly subjects to the said Henry and to other his said Predecessors Secondly what Bellarmine sayes though by way of interrogation is That if some great King doth in the middle of his Kingdom free some one City or absolutely bestow it on another he may be notwithstanding said to be King of his whole Kingdom But I would fain know what our great Cardinal understands by these words Rex totius regni sui King of all his own Kingdom Doth he repute that City so exempted or so made free by that great King to be notwithstanding part of that very Kings own whole Kingdom If so our Cardinal recedes not only from truth but from common sense For I pray what is it else to be a King but to lord it over those or to command those of whom he is King Can Bellarmine himself deny the King to be Superiour in relation to those of whom he is King And yet himself teaches cont Barclaium cap. 13. that every Superiour may command his Inferiour omnis superior potest imperare inferiori suo Some indeed question how far or in what things the power of Kings extend to their people but none at all whether in any thing or even very many things it reach or command them But our Cardinal will have that City exempted to be no more subject in any thing to be no more commanded in any matter by that King Therefore he is no more King of it Nor doth it make any difference in the case that he protect or defend that Citty For it is one thing to be a Protector or Defender and an other to be King Who is it would say that the Kings of England or France were Kings of Holland and of the rest of the United Provinces at any time since the said Provinces rebelled against their own natural King albeit we know and it
West Yet I confess the first occasion of that writing of Innocent's to the Emperour of Constantinople or that which he intended or at least pretended finally to instruct or advise the Emperour in was very just viz that the same Emperour should beare a greater respect to the Patriarch of Constantinople then to make him sit at the left side of his foot-stool so contrary to the laudable custome of other Christian Emperours and Kings cum alij Reges Principes sayes he Archiepiscopis Episcopissuis sicut debent reverenter assurgant eis juxta sevenerabilem sedem assignent But for any thing else in that epistle of Innocent which relates either directly or indirectly to our present purpose I must confess I see nothing at all but what is quite contrary in his application to the sense to the belief and to the practise too of all Antiquity if peradventure you except not that onely passage where he sayes Quod autem sequitur Regi tanquam praecellenti non negamus quin praecellat Imperator in temporalibus illos dumtaxat qui ab eo suscipiunt temporalia Which yet I for my own part do not except because under the word dumtaxat there lyes much restriction nay and under the word or verb praecellat also Because that dumtaxat restraines the latitude of those who might or should be said in temporals or by reason of their temporals to be under the Emperour and subject and obedient to him to such onely who receave temporals to witt lands revenues or perhaps besides these onely some temporal jurisdiction and consequently excludes all other Clerks from subjection or obedience to the Emperour who receave no such temporals from him albeit they have the benefit of temporal protection from his laws and sword for this last is not by Innocents doctrine as to our present purpose accounted among such temporals as he speaks of here And because this praecellat by reason of its more abstract and more common signification of it self imports not as much as a praecellency in power authority or jurisdiction over those very same Clerks who receave even such temporals of Innocent from the Emperour But however this be of Innocent's meaning by these two words or wary manner of expression by them I am sure he declares his mind plainly in the rest or in his answers to and distinctions of the Emperour's arguments out of Scripture especially of the place out of Peter to be that Clerks are not by the law of God to be subject to the Emperour For the refutation of which answers or distinctions I remit the Reader to what I have said formerly at large out of the law of God and Nature for the subjection of Clerks and to what besides I said before at leingth in answer to Bellarmines arguments for the exemption of Clerks either by the law of God or man or nature Where albeit I have said nothing in particular to that place of Peter or to Innocents quibble upon it as not being vaâ—â—ed by Bellarmine himself and therefore not produced by him for himself yet I have given abundantly what may shew the impertinency of alleadging that place of Peter against me or that quibble of Innocent upon it or even any thing else said by the same Innocent well or ill either in this canon Solicitae benignitatis de Major obed or elsewhere and particularly in cap. Nâ—vit ille de Judicijs Which 〈◊〉 chapter I note particularly because the Catholick Bishop of Ferns alledges it singularly in a letter of his I have as very much relyed upon by the Irish Divines who live abroad in Spain and by them relyed upon as upon a strong argument for a power in the Pope to depose Kings at least ratione peccatâ— and consequently for the unlawfulness to sign our Remonstrance of 61. or 62. which cleerly and expresly disclaims and renounceth any such power in the Pope either upon the account of sin or any other whatsoever but onely in relation to such Kings as hold their Kingdoms in fee from him and who consequently are not absolute Soveraigns or not absolutely the supream Lords of their Kingdoms not even I mean in temporals nor hold of God immediately but of the Pope whom they themselves acknowledg to be the chief truly supream Lord of such Kingdoms though by human right onely But the truth is that no such deposing power in the Pope as to other Kings who do not acknowledg themselves to hold in fee from him can be gathered out of this cap. Nâ—vit ilâ—e de Iudicijs Where if strictly examined Innocent does no more sayes no more upon complaint made to the same Pope Innocent by a King of England against a King of France That he of France though admonished by him several times to keep the treaty sworn and peace agreed upon betwixt them and particularly in relation to the County of Poitiers which England held in fee from France and as agreed upon too by articles of the said treaty and peace mutually sworn did without any regard of his oath or any just cause endeavour to force in hostile manner that fee of Poitiers back again from the possession of the English where I say upon this complaint and for ought appears out of this canon in it self Novit ille de Iudiciis Innocent doth no more but write to the Clergie of France that he deputed a certain French Arch-bishop an other French Abbot to examine the matter of Fact and proceed thereupon to give sentence and besides this sayes no more in this chapter to any such purpose as the said Irish Divines alleadg him for but that the King of France being so Evangelically denounced to the Church according to that rule of the Gospel Si peccaverit in te frater tuus c dic Ecclesiae and complained of as a publick scandalous breaker of a just Peace and religious Oath he the said Innocent did not intend to judg of the Fee being the iudgment of this belong'd to the King of France but onely of the sin committed in the breach of peace and oath Non enim intendimus sayes he judicare de feudo cujus ad ipsum spectat judicium sed decernere de peccatâ— cujus ad nâ—s pertinet sine dubitatione censura quam in quemlibet exercere possumus debemus Now whether the said Irish Divines may hence and onely hence conclude their deposing power I mean as much as according to the judgment of the same Innocent himself alone I see nothing at all in all this which may force us to yeeld Innocent his Delegats might have observed all he prescribes herein or in that whole chapter and all which the Gospel allows to him or to the Church in the case that iâ— he and they might in case of such a publick sin in the French King of the Church's admonition and of his contumacy against such admonition have proceeded to excommunicate him evangelically that is might have deprived him
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
Infallibility of the Pope without a general Council no writings of His whatsoever though under his own hand and with his own name induce not a certainty of Faith or such an one in which there can be no falshood or errour I say nothing for the present of the other conditions they require to this that a Declaration of the Pope though by such a Decretal Epistle or Brief so promulgated and so directed to all the faithful of Christ though definitive too and in a matter of Faith oblige not per se of its own sole nature to assent or what restrictions they put as namely that neither the proems nor motives nor suppositions nor any reasons alledged are defined And that whenever the Bull is declarative onely and not constitutive also or as far as 't is only declarative if it relie on false grounds or reasons or any way uncertain or apparent only or only opinative or probable so far of necessity it is subject to the danger of errours and that the constitutive part of such a Bull grounded only upon such a declarative necessarily wants all manner of force to oblige any whatsoever at least those who clearly see the errour doubt or uncertainty For the present likewise I say nothing that these Divines require besides to the Infallibility of a Papal definition or to this that none may dissent that the Pope declare in express or equivalent words that the Article defined is an Article of Catholick faith and the contrary or contradictory heretical All these things I say and possibly more to this purpose I pass over in silence Yet there is a certain errour deceit or at least supposition not well grounded I have read and observ'd in several of your Lordships Letters to several people both here and in Ireland which I cannot let pass without a short animadversion It is That our Holy Father Alexander the VII did not think it necessary to give a new censure of our Protestation that being sufficient which had been made by former Popes since it appeared ours contained some things which were the same with the Propositions condemn'd heretofore by Paul the V. and lately by Innocent the X. But my Lord it does not appear that Paul the V. has condemn'd any one or more certain and determinate Propositions of the Oath of Allegiance as they call it or Fidelity prescrib'd by a Law of King James and the Parliament and Kingdom in his time For in the reference which you make to the judgment of Paul the V. you allude to Propositions contain'd in that Oath Nay it appears on the contrary out of the Letters of Paul the V. which are extant in Print and in form of a Brief directed onely to the Catholicks of England I question not for the present whether they were subreptitious or ever publish't or whether the due Solemnities of Law were observed it appears I say he never condemned any one or more in particular but onely in general terms after other matters of not going to the Churches Sermons and Rites of Protestants or Heterodox admonishes the Catholicks of England not to take that Oath or the like as is manifest by the very tenour of the first Brief dated at Rome the 10th of the Calends of Octob. 1606. in which only first Brief he speaks directly and by design against that Oath of it self And in particular this is manifest by the words of the same Pope in the same Brief which give the onely reason why he admonishes them not to take that Oath and why he tells them it ought perspicuously to appear to the English Catholicks out of the words of the Oath that such an Oath cannot be taken with the safety of Catholick faith and of their souls Since sayes he it contains many things which are manifestly contrary to faith and salvation For after these words and for these alone as the onely ground and reason of his Declaration and Admonition it follows immediately Therefore we admonish you that you wholly beware of taking this or the like Oaths Wherefore since it appears sufficiently by these words which assign his reason especially joyn'd with the tenour of the rest of the Brief from the beginning to the end that Paul the V. did not condemn all that was containâ—d in that Oath I say did not condemn all so much as in these general or any other terms of these Letters or at least since it does not only sufficiently but evidently appear that to his Holiness Alexander the VII it can not be known by those Letters nor indeed can be known at all for no man in his wits will say he can be certain of this otherwise than by those words and that Brief which in particular or whether any such of the Propositions contain'd in that Oath of Allegiance made by King James were censured by that Declaration nay not so much as which he desired or intended to censure and because 't is no less plain to any that shall exactly compare that Form of the Kings with ours that the Propositions are far different both in words and sense and that in that there be many more Propositions but fewer in ours that in that there is contain'd a formal Oath largely expressed and an Oath without all doubt strictly taken in some places assertory in others promissory for thrice at least if not four or five times they formally swear in that manner in that of the Kings but no Oath at all contained in ours not so much as largely taken no where in no part or Proposition from the beginning of the form to the end that 't is affirm'd in that and peradventure with the sacred tye of an Oath that there is in the Pope no power to depose Kings whereas ours for what concerns that particular expresses onely an act of the will and renounces such a power determining nothing either with or without an Oath of the Position in it self and taken in its own nature whether it be true or false or probable or not that in that some things are abjured as heretical in ours none that that binds under obligation of a promise sworn to to discover all Treasons ours declares onely a readiness of mind to discover them I say since it appears that all these things are most true and farther out of Parson's Letters in Withrington dated at Rome when they consulted there of condemning that Oath of K. James and farther also out of several Books of Bellarmine though under counterfeit names against the said Withâ—ington and other defenders of the said Oath that Paul the V. was only or chiefly moved to frame that Brief by which the Kings Oath is condemned by this reason because He had been persuaded though without any either sufficient or probable argument by Bellarmine himself and those other seven or eight Divines at Rome whom He had deputed to examine it that by that Oath was likewise deny'd the Primacy of the Pope and his power to excommunicate either Kings or their
opposite opinion of errour and so convince it that neither Walsh or other Subscribers or Divines who would otherwise except against it could have left them any thing of moment which in their own conscience they judged unsolved In which case nevertheless not to assent would be unlawful not for such Brief or Bull consider'd precisely of it self or in its own nature but because the truth is rendered manifest and the mind convincâ—t by arguments unavoidable which 't is evident are not necessarily requisite in such Letters These things are said according to the sense of those who are Patrons of the Papal Infallibility For otherwise we might recur to other Authors no less Catholick and truly Learned who in this or the like Controversie would without more ado openly reject all definitions of the Pope whatsoever made without the consent of a general Council though declared by Bull directed to all the faithful of Christ in whatever part of the world and who nevertheless were are and in that case too would be most dutiful observant sons of the Bishops of the Roman See as united by the holy band of Religion and the strict tye of whatever other Ecclesiastical communion But because what is said above is abundantly sufficient to answer the objection drawn from the judgment of his Holiness whether only pretended or true makes now no matter as far as it concerns our present case that is the coincidence or identity to use the School terms of some Propositions in our Protestation with those which some mistakingly would have condemnâ—d by Paul the V. in the Allegiance Oath of King James it is not for the present necessary to have any recourse to them Now for what relates to a like conformity suppos'd in the judgment alledged of our Holy Father Alexander betwixt some Propositions of our Protestation with others said to be condemned by Innocent X. of happy memory namely the three Negatives signed as is said by some Fifty English Catholicks of Quality to Cromwel to obtain some liberty for those of the Roman Catholick Faith the answer is much easier partly from what has already been said and partly from what will presently be alledged For Innocent did not publish that judgment of his by any Bull or Brief either to the Catholicks of England or any other so much as one particular man anywhere as far as has been heard to this day so much as by rumour But if any Decree were either made or projected of that matter in a Consistory of Cardinals with the assistance or by the command of Innocent and afterwards sent to Bruxels or Paris to the Nuncio's as there is a report of its being sent to the Nuncio of Paris nothing has been heard more of its publication but remainâ—d suppressed according to that report in the hands of that Nuncio Now whether it were so or no is no great matter nothing to purpose since according to Divines generally and Canonists too such Decrees fram'd in that manner and no otherwise declared do not force consent nor reach faith nor oblige any of the faithful to submission at least out of the Popes temporal State no not in a Controversie of far less moment as where there is no question of faith but only and it may be a just reformation of manners And yet 't were much more proper to attribute the care of such a reformation to the Pope alone I mean without the intervention of a general Council than of declaring the truths of Faith by an infallible judgment and definition such as it were unlawful for any man in any case to contradict Besides 't is a plain case that Cromwel was an Usurper a Traytor and a Tyrant all manner of wayes both in administration and title according to the twofold acception or sense of that word found generally amongst Divines and particularly in Suarez against the King of England And therefore that wise Pope might neither imprudently nor unjustly condemn such Propositions in that conjuncture of things or looking upon the immediate though extrinsecal end then in view namely of observing fidelity to a Tyrant Although we are to judge quite otherwise and according to the common doctrine of Orthodox Divines it be lawful to judge so in case He had not respect to that end but minded only the intrinsecal or even extrinsecal end which is limited by the Law or took the Propositions bare in themselves and abstracting from all bad ends Wherefore it does not appear to the Church of Christ nay to any particular men nor ever did authentically and legitimately that those negative Propositions were any way either by word or writing condemn'd by Innocent the X at least by him as Pope and speaking ex Cathedra Wherefore my Lord since there is no other condemnation of Innocent or Paul the V. to which his Holiness Pope Alexander could relate than those here mentioned and your Lordship objects nothing else and since those old arguments so often brought by Bellarmine Suarez Lessius c. as well under their own as borrowed names from some places and facts of former Popes though in their own cause and some appearances if they be appearances of Councils and scrap't together from false Reason and the Authority whether of some later Doctors or the ancient and holy Scriptures have by other famous men of the Church of Rome long since been weakned answered overthrown there remains to Walsh the same liberty of expostulating which devout men and men no less learned than holy have by their example in all Ages so often taught May your Lordship therefore cease to persecute Caron or Walsh May his Eminence Cardinal Barberin cease May you both cease and I beseech you by our Lord Jesus Christ who will judge both you and me at his terrible judgment Cease I say both of you to seduce the Clergy and People of Ireland You have laboured now these three years to corrupt them both You have endeavoured to tear again in pieces a Kingdom every way miserable You have bestirred your selves to your power to replant a most pernicious Errour but onely amongst either simple or mercenary people onely in one corner of the world with those of discretion and honesty you prevail not a jot In all Europe besides in Italy it self next the very temporal Patrimony of St. Peter which now for some Ages has been annex't to the Popedom onely by Humane not Ecclesiastical or Divine Right that is by the gift of Princes or favour of the People you lose your labour For the mask is now taken off and if I may conjecture of future things will be taken off more and more every day Which your Lordship himself if I be not deceived knows to be so true that you cannot be ignorant that in the rest of the world I mean those parts of it which are in the Catholick communion of the Roman Church this your or our question of the Popes pretended right over the Temporals of Kings whatever name it go
submission under their own hands writing and a new Provincial and Diffinitory chosen all of them Nuntiotists and all the Guardians likewise either titular or real made of that Party and in the last place Fifteen severe and publick Statutes voted and established for perpetual Laws against all the Anti-Nuntiotists the said Commissary Visitator confirm'd all and so discharged his duty to Rome which had him for those ends and no other Commission'd 4. That after the defeat of the foresaid Bishop of Clogher and the excommunication too of the rest of the Bishops and of their other assistants of the Clergy both Secular and Regular against all who should thenceforth obey or acknowledge the King's Lieutenant came to be generally known and the Lord Lieutenant had thereupon thought fit to withdraw out of the Kingdom and nevertheless and at the importunity of the more loyal part of the Nobility and Gentry having thought also fit to leave the Kings Authority in the hands of the truly loyal Marquess of Clanrickard a Roman Catholick yet even under this very Catholick Deputy the Nuntiotists not regarding neither him no more indeed then they did the Protestant Marquess of Ormond nor the common Enemy studied nothing more than how in the few places how in the very Mountains Boggs and Woods which only at last through their own disobedience and division were left them and that too but a little longer free if yet free from the Parliament Forces to persecute those other Clergymen who as well in their latter as former excommunication opposed them still but chiefly to persecute their more leading or more resolute men and above all others Father Peter Walsh who records this now to Posterity And that him the said Father Walsh they persecuted so maliciously inveterately continually and in many respects inhumanely â—oo throughout all Provinces Counties Places whither at any time he withdrew or wherever he sheltred himself from the common Enemy the Parliament Forces that at last in the year 1651. and then in a Provincial Synod held in the woods of Clanmalira in the Province of Leinster where he then was by chance they not only solemnly and by name denounc'd him excommunicated but interdicted even also the victualling Folks that should for as much as his money dare to suffer him enter into their houses or sell him meat or drink nay further that some of that very meeting though not by a publick Act encourag'd the looser Souldiery to kill him telling them it was lawful so to do being he was excommunicated as disobedient to and an Enemy of the Church What he suffered lately before at Kilkenny Limmerick Killaloe Galway Inishbofin c what hazards he run often in the very High-wayes Travelling were too long and not proper here to be related It sufficeth to let the Reader guess hence how it was about this time everywhere throughout Ireland with the generality of such loyal Ecclesiasticks as with him stood out so many furious shocks and weather'd so great and long and continual storms after the Royal Government began to decline in August 1649. but much more after the Lord Lieutenant had by Jamestown Excommunication been forc'd away for France about the end of the year 1650. And yet I must confess they were much weakned too before then by the loss of such numbers of them and of the holiest of them as were kill'd at Wexford * Richard Synot Paul Synot Francis Stafford Hamond Stafford John Esmond Peter Stafford c. all of them esteemed the most religious exemplar and indeed holy men of their Order in Ireland or at least equal to any whatsoever The first of them was often Guardian of several Convents amongs which was that of St. Isidore at Rome and Custos of the Province The second was even Legat from the Pope in Baâ—bary for many years Third Guardian of Wexford sometime and Secretary of the Province Fourth also Guardian of the same place and after an Hermit in an Island till he was commanded out of it by Father Caron Fifth likewise Guardian of the same Convent in his turn and of special gift in exercising Sixth like St. Bartholomew had by continual kneeling in Prayer the skin of his knees as hard as a Camels by the Parliament Forces when the Town was taken by storm and some also at Droghedagh and others elsewhere albeit the adverse Ecclesiasticks or Nuncio party cryed down those true and holy Martyrs for truly cursed and excommunicated persons and refused to pray for them as having condignly suffer'd death because forsooth obnoxious to the Nuncio's Excommunication they lived and dyed out of the Church And I must confess also that some others of their best ablest and holiest Fathers too at Waterford during the Siege thereof at Dublin in Prison and elsewhere in several parts of the Kingdom dyed of the great Plague which begun in the year 1649 and continued above Three years running over all parts and corners of the Island except onely the North. As for the Nuncio's unheard of proceedings against Valentine Brown and George Dillon at Galway such qualified persons the one Reader Jubilate of Divinity and Father of the Province as who had not only often been Guardian and Commissary thereof but also Minister Provincial above Twenty years before the other a Noble-man's son and then actual Guardian of the Town as he had formerly been Diffinitor and several times Guardian of some other Convents and both of them most virtuous and exemplar men how the Nuncio himself in person jointly with their own Provincial Thomas Makiernan suspended and both removed and reduced them to the communion of Laicks publickly before the People and this only for refusing to approve of his former Excommunication fulminated against the adherers to the Cessation of Arms concluded with the Baron of Inchiquin in May 1648 I say that as for this albeit so unjust so unheard of so uncanonical procedure wherein moreover the Nuncio himself denied them even a Copy of their sentence I will say nothing here because notwithstanding it and many other such of the said Provincial Makiernan against some others then and for some months before and after in such parts of the Kingdom where he and his Faction were rampant the opposers of the Censures adherers to the Cessation and Appeal and consequently also the said Valentine and George within some few months more got clearly the better every way of all their Adversaries albeit these advantages were lost again by such degrees and means as I have said before And for the same Reason I will not mention here Neither 1. The Provincial Chapter of the Franciscan Order at Rosserial in the year 1647. where at the Nuncio's beck and by his and the Vlster parties contrivement both Provincial Diffinitors Custos and all the Guardians generally throughout the whole Kingdom only a very few of these last excepted were chosen out of that sole Faction which had devoted it self to the said Nuncio and Owen O Neill for obstructing
where Pope Innocent the X. was to pass cryed to His Holiness against him Justitia Pater Sancte and together exhibited a Memorial accusing him not only in general of being a Correspondent of the English Hereticks Patron of Apostates Enemy to the Catholick King but in particular also of other several even the most infamous personal Crimes For albeit his own true innocency and strong belief thereof amongst the generality even of the great Ministers at Rome as also the inward guilt of those Calumniators and other the Diabolical contrivers of their malice soon dispersed both the raisers and contrivers and the cloud it self of infamy which they had so gathered and raised against him yet he took this procedure of his Countreymen so to heart that he carried the grief thereof with him not long after to his Grave And yet I must here tell my Reader that the onely true original motive of so vile an enterprize against him was no other but a Letter they understood to have been written out of Ireland to him in the year 1649. by the Marquess of Ormond then Lord Lieutenant of that Kingdom wherein he was desired That in pursuance of his other good offices for His King and Court he would take also special care thenceforth to see the abuses both of the Irish Clergy in general and particularly of those of his own Order rectified by more religious and loyal Superiours than those were that of late times had by their unchristian doctrine and bad example well nigh utterly ruin'd their Countrey and mightily scandal'd their Church And so having done with those Heads of some few particular instances which out of a far greater nay indeed prodigious number if all were known of those of persecution abroad I thought fit to give here as they occurr'd to remembrance now I proceed to the remainder of the more general causes of that paucity enquired after Wherefore you are now to observe 11. That in the year 1655. the said Nuntiotist party having as to the affairs of their own Countrey all power at Rome prevail'd at last with His Holiness then sitting in the Chair Alexander the VII to grant a Bull of extraordinary Delegation dated at Rome Aug. 27. 1655. directed to and for the most vehement and thorow-paced of all the Irish Bishops of the Nuncio's party then surviving except peradventure Antony Mageoghan the Franciscan Bishop formerly of Cluanmacnoise but now about this time Translated to Meath But it was supposed his own act to be left out of that Bull because not only that he foresaw the employment might prove in time if not invidious at least very odious but also that himself living then at Rome and indeed the onely Irish Bishop at that time there was the chief procurer of it However to these four viz. one of each either Temporal or Ecclesiastical Province of Ireland John sirnamed Cullenan if I be not mistaken Bishop of Raphoe in Vlster Walter Lynch Bishop of Cluanfert in Connaught Edmund Dempsy alias Deemusvy Bishop of Leghlin in Leinster and Robert Barry Bishop of Cork in Munster though all four even that very time as alwayes after till they all every one dyed living abroad in Banishment and wide enough dispersed and separated the first in Brussels second in Hungary third in Galicia or elsewhere in Spain and fourth at St. Malos in France to these four I say a plenary Apostolical power was delegated and given by the said Bull to reconcile and absolve in forma Ecclesiae consueta all Irish whatsoever that appearing penitent for having opposed the Nuncio in Ireland or consequently incurr'd his Censures would come to any of them humbly submit crave absolution and perform what the Delegate should impose This Bull although granted through several false Informations besides many more false suppositions as out of the very tenour thereof was and is manifest to such as knew the Transactions either of the grand Controversie at home in Ireland or of the prosecution of the Appeal at Rome but more especially granted through that of those two notoriously false informations 1. That the Nuncio had to his Excommunication and Interdict the concurrence of the lawful Delegates and Sub-delegates then of the other Irish Archbishops and Bishops in general 2. That Innocent the X. had rejected or condemned the Appeal as frivolous both which material falsities rendred that whole Bull void yet the foresaid John Bishop of Raphoe living then at Bruxels and entituling himself Vice-Primate of all Ireland by the advice of his factious Party in Flanders caused to be immediately Printed with a Preface or Admonition prefixed to it Ad populares Hibernos excommunicatos both in his own name and in that also of his other Three fellow Delegates but a Preface much yet more injurious false injurious and malicious too than the Bull it self as either in it self or as proceeding from the Informers Procurers or Framers of it considered For as for the Pope himself that granted it we must suppose neither injury nor falsity nor malice in him as to his grant but that injury only of granting any such Bull at the instance or upon the information of one side But for the admonishing Delegates or rather perhaps the onely one of them that in the name of all the rest prefixâ—d the said Preface or Admonition you may judge of their justice and charity and somewhat also of the whole of that excellent piece of theirs and may judge of all I say out of this one passage of it paraphrasing on the words in forma Ecclesiae consueta inserted in that Bull. Upon which words they speak thus Quinto denique ut alia omittam in eodem Brevi habetur poenitentes debere absolvi in forma Ecclesiae consueta ut scilicet denudatis scapulis virgas excipiant pro offensa admissa satisfaciant aliasque subeant poenas quae in Rituali Romano exprimuntur And yet that Bull although so plainly subreptitious and void and although moreover so paraphrased all along as tamquam ex ungue Leonem you may judge out of that one passage yet being Printed published and dispersed amongst all the Irish in all parts of Europe and not only in Flanders or at home in Ireland amongst the miserable but still divided both Ecclesiasticks and Laicks and in such a time and conjuncture of things when there was no hopes of better dayes for those against whom it was procured we must not wonder much if it and the other endeavours of the Publishers join'd with it made them but too too many Proselytes though rather for fear and out of despair than love or inward persuasion nor wonder if those Proselytes having purchased some little quiet though but little credit or trust thereby not even amongst their Adversaries were loth even after the Kings Restauration or by signing the Remonstrance to hazard that quiet any more until they were sure to be protected by the King and his Laws against the insulting power of Rome and malice of
the General Assembly of the Confederate Catholicks at Kilkenny during Petrus Franciscus Scarampus's Negotiation there from Pope Vrban the VIII and before Rinuccini came under Innocent he was created Bishop of Ferns In the year 1666 when the fatal Congregation of the Irish Clergy assembled at Waterford under the said Nuncio Rinuccini for rejecting as they did reject the first Peace he was Chancellor of that same Congregation Soon after this it was that I had the honour of some little personal acquaintance with him and that upon a very extraordinary occasion indeed viz. The Nuncio having presently after both possessed himself of all even the very Supreme temporal power of the Confederates and which was consequential no less suddenly design'd the utter ruine of the King's Lieutenant at Dublin resolved therefore to command away out of Dublin and all the English quarters every one of the Priests that lived there for the comfort of the Lay-Catholick inhabitants For besides many other motives the Nuncio had heard that all the chief if not every one of the Romish Priests remaining at Dublin especially Mark Rochford a Dominican Peter Darcy a Franciscan Thomas Quin a Jesuite three eminent men and famous Preachers with some five more being sent for had given the Lord Lieutenant under their hands That the Roman-Catholick Inhabitants of Dublin not only might but ought in conscience to fight in defence of that Town against the Nuncio's Army and to be in all such matters faithfully obedient to his Excellency Wherefore by command from the Nuncio but by whose contrivement I know not a small Committee of three was appointed viz. our present Bishop of Ferns Walter Enos Dr. of Divinity Author of the Book against the Peace of 1646. and my self to consider of and draw in writing a Formulary of precept and censures to command all the Romish Clergy Secular and Regular every one residing either in Dublin or elsewhere under the said Lord Lieutenants command or power to withdraw totally out of all such quarters and retire into those of the Catholick Confederates On this occasion and first of any time that I remember my judgment of and disaffection to the Nuncio's cause did appear to them For I not only opposed that design with unanswerable reasons and a plain assertion too that there was no power from Christ not even in the universal Church of Chirst to lay such a command on the said Clergymen or others in the case but also broke it utterly so that there was no more of any such general precept Within some few months after this Bishop * Having been also presently or at least soon after the rejection of the said Peace of 1666. made a Supreme Counsellor and Nicholas Plunket Esq as persons in all respects worthy of and answerable to the employment were sent Ambassadors to Rome from the Confederates to crave assistance from His Holiness Innocent X. for carrying on the War now that to please that Court they had rejected the first Peace though otherwise concluded with the King and even publish'd and accepted both at Dublin and Kilkenny However about the end of the year 1648 being return'd to Ireland bringing with them some holy reliques but no money and finding the affairs of the Confederates wholly altered the Nuncio and Owen O Neal's party worsted Inchiquin's Army declared for the King the Marquess of Ormond as the King 's Lieutenant living in his own Castle at Kilkenny a general Assembly of the Confederate Catholicks sitting in that Town and treating of and concluding a second peace with his Excellency the Nuncio retired or rather forc'd to flie as far off as Galway expecting only the issue of that general Assembly in a word the generality of the Nation crying for Peace with the Protestants of the Royal party the said two Ambassadors and consequently our Bishop of Ferns saw it was but reason to give immediately in person the best account they could of their Negotiation to those Estates assembled in whose name they were sent to Rome as only by Letters they did after to the Nuncio And if I be not mistaken that given to the Assembly did either hasten or facilitate the conclusion of the later Peace then concluded in 1648. This I remember well that after all Articles thereof had been agreed upon in the Assembly and that it was thought fit to call an Ecclesiastick Congregation of all the Prelates then at Kilkenny and some other Divines to give the Clergy in particular all the best satisfaction could be before all things had been finally determined and this Congregation sate my self being one of those Divines and our Bishop of Ferns placed in the Chair he spoke excellently well to allay the scruples of such Clergymen as seem'd to apprehend or made a Bugbear of the Nuncio's dissent nay and to that end amongst other Arguments produced a Copy of the Articles of Peace lately before concluded between the great Catholick Emperour of Rome and the Protestants of Germany Articles quitting even the very spiritual Jurisdiction of so many Churches to Lutherans and yet Articles granted by the said Emperour yea notwithstanding an express Protestation made by the Popes Nuncio against them and Peace founded on them The later Peace of Ireland being hereupon immediately concluded in pursuance of the Articles thereof our Bishop of Ferns was made and sate one of the Twelve Commissioners of Peace for the whole Catholick part of that Nation as who were to abide in the nature of a Council with the Lord Lieutenant until Parliament but invested with a greater power than that of bare Counsellors In that quality and while fortune smiled on the Royal Affairs in that Kingdom for Six months after the conclusion of the second Peace the Bishop seem'd constant enough to his new engagement But after the breach of Rathmines and so many other disasters which in the year Forty nine followed and that he with Sir Nicholas Plunket being sent special Commissioners from the Lord Lieutenant to Owen O Neill had upon Treaty brought in the Northern Army and yet nothing mended not even for so many Months after in the year 1650. but all things daily worse and worse either the common calamity of the Nation or special and particular of his own beloved Diocess of Ferns and County of Wexford the County so considerable indeed in the dayes of the Confederacy that it paid to the publick Threescore thousand pounds one year only had the strong Fort of Duncannon the great Towns of Wexford and Rosse besides so many other Corporations as together with the two Knights of the Shire made Eighteen Parliament and General Assembly men and the County moreover wherein as he seemed to have been for many years the only chief and principal leading man so whereby he was rendred throughout the whole Nation a man of more than ordinary credit and esteem when I say the Bishop saw so great a change both in the publick and his own private Affairs by the
fortune of War and division of minds had hapned he also thought fit to change parties and look back towards the old Confederacy and consequently to be as active as others in the unhappy Congregation of Bishops at Jamestown in the year 1650. signing both their Declaration against the King 's Lieutenant and Excommunication too against all that would any way obey his Excellency This remedy not proving either useful or proper but far more noxious and the Parliament Forces gaining thereby and by the Lord Lieutenant's departure so much ground that all seemâ—d very soon after to be in a desperate condition and the Marquess of Clanrickard by Ormond left Deputy for the King in pursuance of Monsieur St. Katherin's negotiation with him from the Duke of Lorrain having sent other Commissioners to Flanders to Treat with his said Highness of Lorrain provided they had first the King's consent our Bishop my Lord of Ferns also departs the Kingdom to sollicit aids from Catholick Princes but not otherwise authorized thereunto than by the Letters of private persons albeit otherwise some of them Bishops Coming to Paris and there denied access which he desired to His Majesty our Gracious King and attributing this affront to the Marquess of Ormond he takes it to heart and speaks and both writes and prints too a little piece wherein he reflects too severely and unjustly on him the said Marquess of Ormond Which if I mistake not was it that occasion d those Books written after at Paris in opposition and answer one to the other by Father John Ponce the zealous Nuntiotist Franciscan and Richard Belings Esq that no less Ormonist than known Royalist although in former times the first Legat to Rome from the Confederates and other Princes of Italy and the very man that occasion'd the sending of the Nuncio to Ireland The negotiation with the Duke of Lorrain having come to nothing and Limmerick and Galway surrendred and consequently soon after the whole Kingdom submitted to the Parliament of England the afflicted Bishop knowing that by reason of his having on his return from Rome immediately quitted the Nuncio party and both submitted to and promoted the Peace of 1648 and of his consequential being blasted ever since by the factious Irish at Rome as an Ormonist there could be no favourable reception or accomodation expected for him in that Court he shifts the best he can for himself in several places until at last the Archbishop of St. Jago in Galicia in Spain harbour'd him generously and bountifully according to his dignity and merits where continuing for some years and officiating as a Suffragan Bishop he begun a correspondence with me by Letters soon after His Majesties happy Restauration as together with his Lordship did the good Irish Father of the Society of Jesus Father William St. Leger and either by James Cusack a Secular Priest and Doctor of Divinity or by Father George Gould a Franciscan both which came from him directly and brought me Letters hither to London he sent me some writings of his own against Ferral's Book The Book as I have noted before which not only bastardizing all those Irish not descended of the more ancient Septs or Names that possess'd Ireland even before any Invasion either of English or Danes nor only in general involving all that later brood under the Title of wicked Politicians Anti-Catholicks c. but particularly and singularly falling on the Two Ambassadors yea and taxing them with having of set purpose all along betrayed the Nuncio and his cause the Book I say that by such precious Contents from the first line to the last of it both opened our good Bishop's eyes more then any other argument could to see clearly the ultimate designs of that Party which led him blindfold so long and so often especially at Waterford in 1646. and Jamestown in the year 1650. and if I be not very much out in my conjecture was at least partly either the cause or the occasion of his beginning so and desiring a correspondence with me then anno 1662. at London he himself remaining at St. Jago What followed after his first Letters to me i. e. after what Dr. Cusack one of the first Subscribers of the Remonstrance writ him back what he return'd in the year 1662. to this Doctor what to the Duke of Ormond and me in 1665 pro or con upon the Subject of the Remonstrance what to me again in May 1666. from St. Sebastian viz. after he had received the Indiction and presuming licence to return home had quitted his good condition at St. Jago what I to him in answer and finally what he replyed to me in July that same year from Paris will best appear out of the Bishops own Letters Whereof I give here as many as I judg'd material or useful to any design of this First Tome and much the rather because he is not only the onely Bishop yet alive of those of the Irish Nation that were made before Nuncio Rinuccini's time but the onely also that endeavoured to give the best reasons he could for himself or for his own dissent as to that expected or desired from him And I must say this besides that surely had he the writer of them had as good a cause and been as much conversant in the Gallican Theology which in the point controverted is that of the Primitive Fathers of Christianity as he is both a good Orator and laying the Affairs of Ireland aside a very pious and exemplar Prelate the Irish Nation generally had never been as unhappy as it is even at this present The Roman-Catholick Bishop of Fern's Letter from St. Jago 18 Junii 1662. To the Reverend James Cusack Doctor of Divinity at London SIR BY the four last Letters I had from you to which I have heretofore answered you demand from me two things to wit an approbation of a Protestation signed by L. B. of Dromore your self and other Divines of our Nation in that City and that I would give you a power to sign a Procuratorium Father Peter Walsh hath from the Clergy of Ireland whereunto Edmund Reilly Antony Geoghegan James Dempsy and others have consented as you write to me To the same I also willingly consent and do hereby impower you to sign in my 〈◊〉 the said Procuratorium but with this limitation the said Father Walsh shall do nothing for me nor in my name touching the above mentioned Protestation until he shall receive my own express sense and answer That Protestation seems a Rock to the Divines of our Nation in this Kingdom and they wonder ye there made so easie a work of it yet of your good intentions in illo facto most of them rest well satisfied persuading themselves there was a necessity of undeceiving the Prince and clearing our Clergy from black Calumnies but they differ from you in the judgment of the matter and lawfulness of the said Protestation Briefly the opinion of the Divines here as well of our Nation
Nation The message the Bishop of Dromore and Dr. Kelly Dean of Tuam brought from the Prelats to your Excellency maketh this manifest In what a lamentable condition the Kingdom was then how little thereof those faithful to the King had being driven all of us into a corner of one Province how unlike we were to recover what was lost or defend what we held no man knoweth better than your Grace The King was also then in the hands of the Scottish Presbiterians deadly enemies to the Catholicks of Ireland so as there was no access to his Majesty In the opinion of all there was need of a speedy cure for the Nation in danger or all was given for lost The Prelats that met at Jamestown had some Moneths before in the Congregation of Clonmacnois as your Grace knoweth well co-operated to the best of their power with your Excellency and made Ordinances for keeping the People in obedience under His Majesty and in Vnion with one another under your Government for there was fear the Enemy then Powerful would debauch them from their duty Our thoughts in Jamestown were the same we had in Clonmaknois and all of us aimed at the safety of all interests and represented as we then conceived to your Excellency the right expedient of setling all things the best way the times did then permit If we have not hit the remedy we had a good mind to do it without any mans prejudice Let therefore the World deal with us that walked bona fide as they do with Physitians who are not punished for missing the Cure when they have done their best endeavours and let those that are pleased to condemn the Fact at least excuse our intentions which excuseth us before God For these and other reasons I can alledge I am as I conceive able to clear my self from blame certain I am I had not the mind of incurring blame if questioned before an indifferent and well informed Judge unquestioned I cannot be justly Condemned If I shall say about the doings of Jamestown other then what I said which is the true dicta-men of my Soul I shall belye my self and betray my fame which is a sin before God Yet for all this I had rather in this particular and all other of this kind depend upon his Majesties Clemency and your Graces benignity than mine innocency My fault I will not be so great an Hypocrite as to excuse it committed against your Grace was a culpable Passion of speaking and writing severely of some of your doings after the Peace And for this none hath been more angry with me then my self none more afflicted for malice against your Person Dignity or any your Interest I am and have been ever free How this Scintilla of misunderstanding between your Grace and me was first inkindled and what persons suspitions and mistakes gave growth thereunto it skilleth not to speak in this place But I take God to witness I never writ a line until much provoked by the doings of some people More than I have said against my self no man is justly able to say Now if Augustus Cesar a Pagan did heartily pardon Lucius Cinna who resolved to kill him at the Altar offering Sacrifice will not your Grace a Christian freely forgive me for a Passion of Nature that is my only offence far different in blackness from Cynna's murthering mind My Lord a great Mind becometh a great Fortune and a great Clemency is the companion and greatest honour of both As your Grace hath the two first let the pardon I demand granted tell me you have the last and give me leave to speak freely to your Grace in Seneca's Language that to a great man many punishments are as dishonourable as many funerals to a Physitian Having ingeniously confessed all I can say against my self I have reason to expect your Grace's Pardon and Protection which I pray may be signified unto me by some one of your trusty Secretaries that I may know the waters of your anger are fallen My Lord where I am I am well looked upon and enjoy a subsistence competent and decent for quality whereas going home I have nothing before me for relieving me my Church and Lands being transferred to another hand most of all my friends are dead and gone a few worthy Gentlemen allied to me who have a willingness to subsist me live themselves in poverty and in great fear they will not be restored to their own Notwithstanding all those incommodities if my weak forces for I am afflicted with many sharp pangs of infirmity will serve me and that I may enjoy your Grace's Protection for discharging a trust God put upon me I am resolved to set forward Were it not for this reason of duty to God and love to my Flock your Grace may confidently believe my exile would be more pleasing than my Countrey God prosper and protect your Grace for which I have now for some years heartily prayed so wishing with a submissive kiss of your hand My Lord Your Graces most Obedient Humble Servant Nico. Fernensis St. James in Gallicia Septem 22. 1665. My Letter March 10. 1666. to my Lord of Ferns My Lord YOurs to myself of the 19. and to the Duke of the 22. of this present year 1665. I received about two moneths past from the bearer of them Mr. Archbold As likewise soon after came to my hands accidentally yours to Doctor Cusack though first open'd by a friend of his the said Doctor having dyed here some few days before to our great grief All which Letters the Duke read and discoursed with me upon but only read that part of yours to Doctor Cusack which related to himself and what you desired the Doctor to let His Grace understand Concerning your Letter to his Grace though you sent it me with a flying seal and liberty to deliver it or not and that I disliked your justification or at least too much Candor in the affairs of Jamestown as I told the bearer before I delivered it yet because of your remoteness and the long time past since you writ before and the uncertainty of hearing from you again in such haste as would be necessary I thought best to deliver it as it was and excuse you the best I could In brief you must write a more submissive Letter as to Jamestown affairs and such other publick actings in former times here and write the total change of your judgment in reference to all such matters And for my part my Lord I wonder much in the first place that your Lordship reflected not on the Laws of all Kingdoms in such cases or pretences whatsoever and on the general unanswerable reasons that can justifie all Rebellions on your account of a good end Non sunt facienda mala ut eveniant bona is an allowed and necessary Maxime in our Divinity And in the second no less wonder you considered not that as there is much difference betwixt a Physitian and an Emperick so
of giving the foresaid protestation of fidelity in more pleasing words was not wanting which yet are no way able or fit to remove the mischief But to those who having past the bounds of modesty after so many vain endeavours peradventure glory to have had this last success of the designed Assembly His Holiness doth threaten sore divine revenge if they turning from wicked thoughts do not abstain from such enterprises In the mean while I in the name of the whole Congregation set over your affairs do exhort you that the opinion of your fortitude and faith and the concern of your Salvation be above all things taken by you to heart and that you pay a grateful return of good offices to the Roman Church which hath begot you in Christ The rest is that you all hold for certain you are singularly beloved by our most Holy Lord who by prayers all set on fire with duty and Charity most earnestly begs of the most High God that you may from those unhappy thickets of briars and wild Forrests of danger be brought to the pastures of the Lord. Rome April 24. 1666. Your most loving in the Lord Francis Cardinal Barberin The second Letter or that which was from Rospigliosi dated at Brussels May 13. same year 1666. to the Clergy alone superscribed thus Reverendissimis ac Venerabilibus Dominis Episcopis Vicariis Sedium Vacantium reliquo Clero Hiberniae And proceeding thus Reverendissimi ac Venerabiles Domini PUritas Fidei Catholicae quae inter tot pericula aerumnas illaesa permansit in Regno Hiberniae efficit ut omnes Apostolici Administri merito habeant fideles illos pro dilectissimis Sanctae Sedis filiis tenerrimo effusoque studio erga res eorum afficiantur Ego qui non ex merito sed ex mera Sanctissimi Domini Nostri beneficentia eumdem characterem sustineo meaeque curae commissam habeo directionem negotiorum Vestri Regni sentio mihi adeo acriter praecordia convelli ut lachrymas continere nequeam dum perpendo Nationem illam quae caeteris hactenus illustre constantiae exemplum fuit cuivis temporali commodo praetulit semper conservationem orthodoxae Religionis divini cultus augmentum majorem gloriam Dei nunc versari in periculo ob insidias quorumdam a Patre Iniquitatis humani generis hoste seductorum contaminandi illam eamdem Fidem cujus splendorem per totum Orbem tot tam praeclare gestis hactenus conata est conservare augere Eo quidem tendit Juramentum ad quod subscribendum Valesius Caronus per varias technas satagunt persuadere Ecclesiasticos sicque illos facere Instrumenta causam Damnationis caeterorum Iste est finis ob quem tanto nisu promovent congressum Dubliniensem Et quamvis fingant se moveri zelo fidelitatis debitae Regi satis patet esse merum fucum ad bonos decipiendos quoniam abunde notvm est compertum omnibus quam firmiter radicatum in animo affectum reverentiam obedientiam habeant erga Serenissimam Majestatem suam ac ne optari quidem posse documenta ampliora iis quae hactenus exhibuerunt Et si quid praeterea tentant Valesius Caronus spectat non ad augendam fidelitatem Populorum erga Principem sed ad exterminandam puritatem Catholicae Religionis cujus destructivum est praefatum Juramentum consequenter ad cunctos fideles Hibernos in lachrymosam ac perpetuo deflendam erniciem detrudendos Quanto gravius est periculum tanto amplius meritum acquiret penes Omnipotentem Deum quicumque animo zeloso constanti suavique ac prudenti moderamine remedium opportunum attulerit imminenti periculo Neque possunt oves alio quam vestro praesidio defendi a morsu laetali pravae suggestionis quoniam ob eruditionem dignitatem Sacerdotalem vos praecipue venerantur suspiciunt eademque ratione tenemini earum saluti enixe sedulo consulere Igitur vos in visceribus Christi rogo obtestorque ut tot praesentes tot posteros vestros Conterraneos ab interitu ac casu irreparabili revocetis ne Christus Dominus in durissimo judicio iis qui praesunt faciendo districtam a vobis rationem indiligenter peractae villicationis exigat Nec plura addere operae praetium duco cum causa ipsa quae Dei Cultum Salutem Patriae honorem Generis vestri inseparabiliter attinet zelum vestrum per se incendat excitet adhortetur Finio igitur Altissimum orans ut vos gratia sua praeveniat sequatur ac bonis consiliis jugiter praestet esse intentos Bruxellis 13 May 1666. Reverendissimi ac Venerabiles Domini Vester Devotissimus Servus ad omnia officia paratissimus Jacobus Rospigliosi Abbas S. Mariae Internuncius Apostolicus The Superscription was Reverendissimis ac Veneralibus Dominis D. Episcopis Vicariis Sedium Vacantium reliquo Clero Hiberniae Rendered into English the Superscription in these words To the most Reverend Lords Bishops and the Venerable the Vicars of the vacant Sees and the rest of the Clergy of Ireland And the inner Contents as here Most Reverend Lords and Venerable Sirs THE purity of Catholick Faith which amongst so many dangers and tribulations remain'd without stain or spot in the Kingdom of Ireland makes all Apostolick Ministers to esteem those faithful deservedly the most beloved sons of the Holy See and to have a most tender and affectionate regard of all their Concerns I who through no merit of my own but out of the meer beneficence of our most Holy Lord bear the character of such a Minister and have the direction of the affairs of your Kingdom committed to my charge feel my bowels so grievously pull'd and torn in pieces that I cannot forbear weeping when I consider that Nation which to all other Nations hath been hitherto an illustrious example of constancy and which before all temporal advantages hath alwayes preferr'd the conservation of Orthodox Religion increase of Divine Worship and greater glory of God to be now in danger through the wiles of some seduced by the Father of iniquity the Foe of humane kind of contaminating that very Faith the splendor of which throughout the whole earth by so many and such glorious deeds it hath hitherto endeavoured to preserve and increase To that indeed tends the Oath to the subscribing of which Walsh and Caron by so many subtle arts labour to persuade the Churchmen and so make them Instruments and causes of the damnation of others That is the end for which they use such great endeavours to promote the Dublin Assembly And albeit they feign themselves moved out of zeal of fidelity due to the King yet this appears sufficiently to be but meer false dye to deceive the good because it is abundantly known and manifest to all what affection reverence and obedience and how firmly rooted in their very Souls towards His most Serene Majesty
been certainly informed that all Ireland were absolutely resolved to bid an eternal adieu to all or any Communion with the Roman Church and great Pontiff So much and so nearly to heart did they take that harmless that innocent profession of Allegiance though but in temporal things only made to a Protestant King of England by some and those too but a few respectively of the Roman Catholicks of Ireland As for any thing more of the said Primat Reilly to be observed in this present Section I remember no more but only 1 That as soon as the news of his arrival was bruted both Protestants and Roman Catholicks admired very much how he especially at such a time not only of War twixt England of one side and Holland and France of the other but also of all the three Estates of Ireland in Parliament at Dublin dared to venture home and appear even in that Capital City 2. That some few days before the then Lord Chancellour of England having intelligence of the said Primats landing secretly in England from Flanders and passing through England incognito to Ireland advertised the Lord Lieutenant thereof by that very Packet-boat by which Reilly landed to the end he should be taken the permission of his return having not been signified by his Grace to the said Lord Chancellour but by the next Packet after 3. That for the two Bishops Ardagh and Kilfinuran who till the Primats landing were the only chief in the Congregation and the former of them the only Bishop of the Province of Ardmagh the other the only of the Province of Cashil having withal the Bishop of Tuam's proxy they seemed not any way at all pleased with his arrival as neither did he seem to have much correspondence with or any great esteem for either of them 4. That as far as I could observe all along after during the other Thirteen days of their Session both he of them and they of him stood in some awe I mean as to any clearer declaration of their sentiments or inclinations either to satisfie the King or dissatisfie the Pope in that for which they were permitted to Convene Though withal I did then and do also at present firmly perswade my self out of what I did then my self both see and hear done in the publick Session That the said Ardmagh seemâ—d much more strongly inclin'd to give even full satisfaction as to the point of any Declaration which might concern either his future fidelity or Petition of Pardon for any matters whatsoever past then either Ardach or Kilfinuran whereof you shall have the true reason according to my best conjecture where I give my own judgment of the Congregation and leading Members thereof XI WHat we are now to consider is what happen'd or was done next day being the 13 of June and 3 of their Session but the very first day indeed wherein any material thing was spoke or said or delivered by any in order to the ends for which the Fathers were convened But an unlucky sudden and unexpected accident was like that very day without any further progress in the intended or at least pretended scope of this meeting to have utterly dissolved it and put a final but shameful period to all their designes For the House being sate and Speaker placed in his Chair the Primat last of all coming in bid the Chair-man viz. the Bishop of Kilfinuran leave the Chair as being due to him the said Primat saying withal that none should in his presence besides himself possess that seat The Chair-man refuses and contradicts and with him also not only the Bishop of Ardagh and the Vicar General or Apostolical of Dublin but many more nay most of all the House Whereupon arises a vehement hurry clamour tumult The Primat presently withdraws And all the Members of his Province of Ardmagh except one or two depart likewise following their Archbishop No sooner was he the said Primat gone with his followers then Ardagh Kilfinuran the Vicar Apostolick of Dublin and all their fast Partizans bale out vehemently for a Dissolution a departure every one to his own home There was nothing to be heard or seen but a loud din and some running to the door to keep it open others to shut it some encouraging taking and haleing one another by the hands to depart others crying Dissolve Dissolve and some on the other side praying intreating conjureing them to stay a little and think better of the scandalous Sequel I that found my self as much concern'd as any if not more than any one used all my utmost endeavours to hinder so sad a resolution At last converting my self to the two Bishops in the hearing of all the rest I took the liberty even also of sharp reproof but after I had seen that intreaties would not do with them who together with James Dempsy Vicar Apostolick of Dublin were the ringleaders of that so Scandalous and factious resolve And amongst or besides many other things I spoke out openly and plainly to them both That without comparison It had been less hurt they had both drop'd down dead in that very place than that the whole Irish Clergy yea and Laity also their whole Nation their Religion and Communion in general should be on such an occasion exposed to that eternal shame reproach and scorn amongst all Protestants which they must certainly have expected by continuing so mad so furious and desperate a resolution That sure they should have considered their meeting was not nor could be unknown as not unto the Protestant Councel of State so neither to the Parliament of all the three Protestant Estates of the Kingdom both of them at that very time sitting in that very Citty where a National Congregation of the Roman Catholick Clergy did so behave themselves That further they should also have considered how during all that very time that very hour of their so phrantick a transport Three Lay persons both of Quality and their own Nation and Religion also employed to them by his Grace the Lord Lieutenant of the Kingdom and sent by him on a special message to them were hard by expecting to be introduced And Lastly therefore that neither amongst Protestants nor Catholicks they could ever at any time wipe off the ignominious and even also barbarous stain if they persisted to say nothing of all other inconveniences and evils which must have been the consequence of so much not only rashness but also unmannerliness Netled at my freedom the Bishop of Ardach replies in a troubled angry mood and in these very words Quid tu Fratercule ita ad Episcopos But my return was obvious enough That the Case required it And that had there been no other reason as indeed many more were to oblige me thereunto but the very Contents of the publick Instrument signed even by him as well as by others whereby I was the general Procurator empowred with all Power Authority and even Jurisdiction too for the ends of the
Instrument I was more concernâ—d than any one person whatsoever of them all to hinder such a temerarious Resolution of Dissolving a Resolution occasioned indeed by that unlucky accident of the Primats challenging the Speakers Chair but after driven on so furiously and obstinately out of a far other design These reasons and consent of others wrought at last even the more Factions to some calm within the House while others of the more sober Party went forth to perswade the Primat And he suffering himself at last to be perswaded by reason returns fairly of himself and is content to leave the Chair to Kilfinuran a Declaration being first made by all that that Chair was no place nor seat of Dignity but of Ministry or Office only and that it was confessed the praeeminence of place belong'd of right to the Primat of Ardmagh before all the Clergy and Prelats of Ireland This unexpected tumult being so at last over and all things quiet the Gentlemen viz. Sir Nicholas Plunket Knight Sir Robert Talbot Barronet and John Walsh Esq who all three came from my Lord Lieutenant were introduced Being seated and having congratulated the Fathers so wonderful and happy a change under his Majesties Reign after those late and long dismal days of all kind of evil under Usurpers and even therefore a change questionless wrought by the powerful Arme of the High God alone since it gave them so much both liberty and security to sit there together in the Capital Citty of the Kingdom They Declared that they were sent from His Grace upon a special Errand to them but Commanded also by His Grace to read it to them out of Paper least peradventure some mistake should happen to be either of his words or sense delivered otherwise Which being in a few words declared by one of the said three Gentlemen viz. by Sir Nicholas Plunket I remember very well that presently after the third of them I mean John Walsh Esq who had informer times been as Sir Nicholas also was one of the Supream Council of the Roman-Catholick Confederates of Ireland stood up and read intelligibly twice over to the Congregation being all silent and very intent a paper containing exactly these following matters and words as the whole and only errand or message sent from His Grace at that time by those Gentlemen to the Fathers The Lord Lieutenants first Message to the Congregation THat it is too well known to divers persons in the present meeting of the Romish Clergy in this City of Dublin what attempts have been upon the Royal Authority in this Kingdom under colour of the pretended Authority Power and Jurisdiction of the Pope and how far those attempts prevailed in keeping many of the People from returning to their due obedience to the Crown and in withdrawing divers of those from it who were returned to it hath sufficiently appeared not only by the violation of the Peace granted them by His Majesties gracious Indulgence and Clemency but also of the Faith of the then Confederate Roman Catholicks by the instigation procurement and pretended Authority of Rinuccini the Popes Nuncio in the year 1646 and by the proceedings of the Titular Bishops at Jamestown in the year 1650. Secondly That divers of the Nobility and Gentry of Ireland and of the said Claergy in January and February 1661. calling to mind those attempts and the deplorable consequences thereof to the Crown and to themselves presented His Majesty with a Remonstrance and Protestation of their Loyalty to His Majesty and of their renunciation and detestation of any Doctrine or Power from whence such practises might be deduced To which Remonstrance and Protestation divers others of the Nobility and Gentry and most of the said Clergy Resident in this Kingdom have not yet subscribed although more then four years are effluxed since the same was first presented to His Maiesty Thirdly That the said Clergy whose example and incouragement the Laiety of their Profession may possibly expect have delayed their Subscriptions on pretence that they wanted the liberty of adviseing and consulting which they conceived necessary in a matter of so great importance which being now admitted to them with freedom and scourity It is expected that they should make use thereof for asserting and owning His Majesties Royal Authority to the satisfaction of all His Majesties good Subjects and to the particular advantage of the said Clergy themselves and those of their Religion and imploy the time that for that purpose will be allowed them which neither can nor need belong both in respect of the present conjuncture of Affairs and for that it may reasonably be presumed that in four years time the said Remonstrance and Protestation is sufficiently understood and may be speedily resolved upon By the Copy of this Message which I have out of the Secretaries Office delivered to me next day after by His Graces command or I mean by the Endorsement of that Copy it appears the said message was sent by advice also of these Lords of the Privy Council of Ireland the Lord Primat Lord Chancellor Lord Treasurer Earl of Arran Earl of Anglesey and Mr. Secretary Davis However the foresaid three Gentlemen having so delivered their message but left no Copy at all of the Paper and having also in a few words more from themselves particularly recommended to the Fathers that resolution upon and answer to the Lord Lieutenant's Message which might be in all points answerable to his Graces just expectation of their ready unanimous and chearful concurrence to that Remonstrance by their Manual Subscription thereof as of a truly Loyal Instrument or clear profession of true indispensable Allegiance to the King and well indeed might these very three Gentlemen exhort thereunto as having themselves had long before amongst others subscribed that very individual Formulary moreover having in the last place heartily wished likewise all other good Counsels prudent Resolutions and happy success to the Synod they took leave of the Synod they took leave and departed being conducted forth by some of the Prelats and other chief Men of the Congregation Those being departed and these returned and all seated as before the Procurator stood up and addressing himself first to the Chair-man then to the other Prelats and after to all the rest of the Fathers he made his first Speech to them principally indeed pursuing the Lord Lieutenantâ—s Message on the Subject or end of their Assembly but withal giveing as large and as full an account both of all his own actings in the quality of their Procurator for them the 6 years past i. e. ever since he had received in the year 1661. their Procuratorium to do so and as full also of the Original and procedure expediency and necessity conscienciousness and Catholickness of the Remonstrance and of the contrivance and disputes after nevertheless against it and subscribers of it as the weight and multiplicity of such matters required and as an hour or an hour and half would
but many of their Superiours amongst them had also discountenanced nay to their power even vexed and persecuted such of their underlings who had signed it and moreover had understood all the other practices of their Agents beyond Seas how I say notwithstanding all this the said Lord Lieutenant had hitherto and for their sakes who signâ—d most patiently expected an amendment of such errours in the rest and in the mean time extended even to the most ungrateful of the Dissentors and opposers all those very favours of Indulgence and connivance of Publick exercise of Religion which the Subscribers enjoy And how the Procurator himself had no way lessened his Zeal to endeavour by all means he could the continuance of those favours even to the very most ungrateful and malicious of his Adversaries in the grand contest Sixth reflected on the great variety of pretences which the dissenting both Superiours and Inferiours pleaded for so many years to excuse their non-concurrence and amongst or rather above all other excuses their desire and expectation of Licence for a National Assembly to consult of the equity of the demand See those either pretences or true cause Tract 1. Part. 1. Sect. 9. from Page 21. to Pag. 27. Where you find the Sixteenth of them to be this of a National Congregation desired Seventh was wholly taken up in the Merits of the main matter in controversie or the only chief end of their meeting viz. the Remonstrance and Subscription thereof And here the Procurator shewâ—d and at large dilated upon the Lawfulness and Orthodoxness of it in point of Conscience and both Christian and Catholick Religion even I mean as to those very causes of the said Remonstrance which was the Rock of Scandal because denying and renouncing all and every the branches and appendages of the pretended Papal Authority either by Divine or Human Right to depose the King c. or dispence with or declare against the Allegiance of Subjects or by Excommunication or otherwise to raise them to a Rebellion against His Majesty c. His Arguments against any such Papal Power and consequently for the said Lawfulness and Orthodoxness he derived evidently 1. From so many plain Declarations and express commands of Holy Scripture 2. From the unanimous consent of Holy Fathers interpreting those passages of Holy Scripture so and not otherwise for a whole Thousand years until Gregory the VII's Pontificat 3. From the Practice also as well as Theory of the Christian Church Universally for those ten whole centuries of years and consequently even from true Catholick Tradition 4. From the general opposition made even in all European Nations Kingdoms States Schools Universities and National Churches to the contrary positions even also in every age since the said Gregorie's days until this very present 5. Particularly from the known Assertions of the Gallican Church and Decisions too of the eight present Universities of France all unanimously condemning those self same contrary positions as impious wicked against the Word of God Heretical and more singularly yet from the six late Declarations of Sorbon May 8. 1663. Not to mention how Cardinal Perron by his fine circumventing speech in the general Assembly of the Three Estates of that Kingdom after the Murder of Henry Le Grand only endeavour'd these Positions should not be declared in formal Words Heretical 6. From the Practice of the Parliaments of Paris and Sicilian Monarchy too 7. From the Statuts of Provisors and Praemunire made so many Hundred years since by the Roman-Catholick Kings and Parliaments of England and Ireland even all the Lords Spiritual assenting especially those Statutes under Edward the III. and Richard the II. which declare the Crown of those Kingdoms to be Imperial and subject to none but God only 8. From the eminency and multitude of most learned Roman Catholick Writers even Scholasticks who all along these 600 years have in every Age expresly condemned and even both specifically and abundantly confuted those vain and wicked pretences set on foot first by Hildebrand 9. From the pitiful silliness unsignificancy and absurdity of all Bellarmin's Arguments for the other side arguments proving either nothing at all or certainly that which neither himself nor any not even of his very beloved Popes themselves would allow 10. And Lastly from the clearness of Natural Reason also in the cases and that I mean too whether the Revelations of Christianity be presupposed or no. From all such Topicks of convincing Reason and Authority I mean as well Divine as Human the Procurator deduced his own arguments for the above Lawfulness and Orthodoxness viz. of the Remonstrance and Subscription thereof notwithstanding any Bugbear of Roman Letters or Louain Censures to the contrary The eighth advanced hence to the consequential both expediency and necessity of their unanimous cheerful Subscription without further delay or regret being there was no other way or means to redeem themselves or their Church or to satisfie or appease the King or his Protestant People for what had been so publickly and vehemently acted in former times partly by them or at least many of them and partly by the rest of the Irish Clergy represented by them and acted even all along either in or immediatly after the very first Rebellion of the Irish Nation in October 1641. and in the unhappy Congregation of Waterford Anno 1641 against the first Peace and further in the year 1648 against the Cessation with Inchiquin and for the Censures of the Nuncio Lastly in the year 1650. and most unhappy Congregation of Jamestown against the second Peace no other way truly in the first place but of humble Submissive Penitential Petition begging pardon for so many former grievous Errors against all Laws Divine and Human. Nor indeed any other in the next place to allay the just suspicions and jealousies of their future demeanour but that of a sincere hearty Loyal Recognition of His Majesties Supream Temporal Independent Power Protestation of Obedience and Fidelity according to the Laws of the Land in all Temporal matters and all contingencies whatsoever and Renunciation also of all pretended Powers and false Doctrines to the contrary The Ninth was the conclusion of all in wishes and Prayers beseeching the Fathers by all that should be dear or Sacred to them to consider That nothing was desired or expected from them in either point but what certainly was more consonant to pure Christianity i. e. to the Doctrine of the Cross of Christ and therefore doubtless more holy than the contrary was or could possibly be 2. The sad fate which had perpetually and universally attended all Rebellions of those of their Religion however at so many several times and places entred into either in England Ireland or Scotland since the first separation under Henry the Eighth 3. Whether wise men ought not even in point of Prudence not only bid at last an eternal adieu to such both Principles and Practices as proved at all times and in all Countries
under His Majesty so unspeakably and irrecoverably destructive to those of their Communion but with much confidence and alacrity resolve to pursue evermore and try their Fortune hereafter in that at least more safe and holy way of undoubted Christianity of the Cross of Christ of peace and patience and suffering and love commended by the Son of God to his Disciples 4. That in the end of the year 1662 they had lost a very great and fair opportunity indeed not only of redeeming the ill opinion was held of them as to the points of Loyal inclinations by all their Protestant fellow Subjects but also of helping and mightily furthering even their whole Nation even their Lay people Nobility Gentry and very Commons too in their Temporal concerns and lost that first and best opportunity meerly out of the Caprice of some Ecclesiastical Ringleaders by refusing then to sign the Remonstrance when for signing such offere were made as they had cause enough since to repent they had not accepted and that if they did likewise neglect this second opportunity so unexpectedly offered them now in 1666 whether they should not rationally fear to be answerable to God for all the groans and sighs of a poor Nation like to be for ever after in our days rendred utterly and helplesly Calamitous by such a second neglect or rather wilful contempt of theirs or by them of the Providence and Mercy of God knocking at their doors favourable Fortune if twice rejected seldom or never returning the third time to negligent and ungrateful men 5. The terms of the Message now sent them and not so much by whom as from whom The termes or Tenour of it to be concerning their Subscription to that very individual Formulary of Recognition which above five years before had been to redeem and help them sign'd first at London by a considerable number of their own Country and Communion both Ecclesiasticks and Laicks and amongst both or each Order of them several yea many persons of the best quality and ability to discern of such matters which had been humbly presented to and graciously accepted by His Majesty which had been the true occasion and sole Instrument of ceasing immediately so great and fierce a Persecution under which they groan'd till then which after deservedly had the concurrence or Subscription of many others both of the Clergy Nobility and Gentry at home in Dublin but which nevertheless through the malice of Satan and suggestions of Men that regarded rather their own private either animosities or ambitious desires of Mitres or other Titles and Commissions from the Court of Rome than any Publicke good of their Country or Religion or than Truth or Justice or Honesty or Christian Peace hath been so contradicted by some malign'd by others persecuted by many and rejected or put off and delayed for point of Subscription to it by all the rest as no man could be ignorant of The Person from whom the said Message came to be as they all believed nor could but know the Lord Lieutenant General and General Governour of the Kingdom the Duke of Ormond even that very person that very Lord Lieutenant whom the great body of the Irish Clergy represented by them now had formerly in the years 1646 and 1650 even contrary also to publick Faith and the very Laws of Nations twice forc'd away out of the whole Kingdom yea and notwithstanding his being then at both times under His Majesty their chief Governour and Lord Lieutenant And therefore how much in all reason it concern'd them to give now a satisfactory answer to Him who was pleased out of his own Christian and Heroick Nature to pass by and forgive all such farmer indignities and misdeeds against himself and expect only from them a dutiful profession of their future Allegiance to His Majesty in Temporal things and a consequential Renunciation of dependency in such matters from any Forreign Power or Authority whatsoever This being the whole substance of that Formulary the Subscription of which His Grace expected from them 6. And Lastly That upon such answer depended wholly their own future welfare quiet peace safety being they could not otherwise than understand That as the said Lord Lieutenants Grace represented them on this occasion to His Majesty without any peradventure they were like to find themselves accordingly treated always after XII ON all and every of these Heads to such purpose in a very profound attentive silence of the whole Assembly did the Procurator speak with all becoming respect and dilate for at least an hour or more that day in one continued Oration Only he remembers to have been a little interrupted twice First by the Primat standing up and denying the six Sorbon Declarations of May 8. 1663. Secondly By Father Nicholas Nettervil one of the Fathers and two Divines of the Society of Jesus in that Congregation who soon after stood up likewise albeit scarce for one moment of time and excepting only in a few words against so great a Multitude of Catholick Writers alledg'd by the Procurator for the Doctrin of the Remonstrance but withal confidently saying those Authors were no more but two and one of them but a Schysmatical Historian the other but a Poet. I must confess it was no little cause of Admiration to me to meet with such objections from such men Objections that argued either extream ignorance even of the most publick matters or a desperat Resolution like that of those in Job described to be Rebelles lumini and to say to God Recede a nobis scientiam viarum tuarum nolumus However to the Primat I answered That if the Publick Gazets of all Countries in Europe and the great Alarum of Rome upon that very occasion in the year 1663 or if the consequent perswasion of all men together with his own experimental knowledge of such matters during his abode at Rome and Paris for so many years since did not convince him at least those very six Latin Declarations of Sorbon in Print together with His most Christian Majesties other annexed French Declarations and Commands likewise in Print as they were transmitted from Paris and brought out of France by the Reverend Father Thomas Harold who lived then in France when they were past and Published as he did for sixteen years before a Publick Professor and Teacher of Divinity in the Schools there ought to convince others especially it being evident to all men conversant in the Schools or Scholastical Authors That such was the Ancient Doctrin of the Parisian School and of their great famous Writers Masters Doctors Gerson Major Almain Joannes Parisiensis c from which their Successors never varied if not some few of them once in the time of the Guisian Ligue seduced by Bellarmine there personally amongst them incognito awed by the Power of a prevailing Faction and corrupted by promises from Rome and it being also no less known that His most Christian Majesty Lewis XIV and Pope Alexander VII were
that I my self had been much against the trouble of either presenting or writing it because I had clearly seen all along the stubborn unflexible resolution of the Demagogues and most of the inferiour Multitude who would hear no reason and consequently that it would have no effect upon such men of byass And yet after all that pressed by the reasons and importunities of many of those Loyal Subscribers of the former Remonstrance I drew that Letter for them and subscribed it too as one of them which I now give you here The Expostulatory Letter directed to the Chairman of the Congregation by such of the Ecclesiastical Subscribers of the former Remonstrance or of that of 1661 as were at Dublin and not Members of the Congregation delivered and read publickly a little before that National Meeting Dissolved Right Reverend and our very good Lord IT is notoriously known to the whole Kingdom That the present National Representative of the Irish Roman-Catholick Clergy is now convened in this Capital City of Ireland in order to their Signing a Remonstrance or Declaration and Promise of their future Loyal fidelity and obedience in all Temporal things whatsoever according to the Laws of the Land to our Dread Soveraign Charles the Second to the end That not only His Majesty nor only His Councils of State and Parliaments but also all other His Majesties Protestant Subjects of whatever different Religion Perswasion or Opinion as to the way of truly and rightly worshipping God may be throughly satisfied That the Roman Catholicks of Ireland even the most Reverend and Sacred Representative of all their Ecclesiasticks do now at last freely and conscientiously under their own proper hands in a publick Instrument profess themselves to be and even according to their divine Faith or true infallible Principles of right Christianity and of the Catholick Church to be as much obliged if not more in point of conscience to continue evermore faithfully subject and obedient in all such Temporal matters and according to all such Laws of the Land to His Majesty and lawful Successors in all contingencies that may happen as any other even of whatever Church or Sects either hold themselves bound or indeed by the Laws of God are otherwise bound to His Majesty or to any other their respective Soveraign Princes or States on Earth Nor is it less manifestly known how great and urgent the very special causes are which even of necessity require such a Remonstrance or Declaration and Promise or Protestation from this present Ecclesiastical Assembly For who is he can be ignorant of those just suspitions of an inclination to return again to disloyal both Principles and Practices under which the generality of Irish Catholicks Clergy and People do lye yet continually amongst their fellow Subjects of the Protestant Religion Or who indeed but knows the true source of those very great and not to be wondred at jealousies especially that which cannot be dried up in our days even the fresh memory of all that hath been so lately acted in Ireland against the Protestant Church and People by the Confederate Roman Catholicks of that Nation in the last unhappy Wars Nay who is not sensible of the miserable condition even at present of so many Thousands of our unfortunate Countreymen Or who sees not this condition is one fatal effect of that suspicion or rather as I should say of that firm perswasion amongst Protestants of the Disloyaltie of the Roman-Catholick Irish in general besides is it not as generally known How that to allay for the future that very suspicion lessen hereafter that very perswasion which hath even so lately i. e. since His Majesties happy Restauration blasted the hopes of so many thousands of our ancient Proprietors and so to vindicate their holy Religion from bearing any share in the blame of those unholy irreligious Practices of some however too too many Professors of it and consequently to obtain the ceasing of that severe Persecution commanded and effectually for some time continued by the Triumvirat in Ireland Anno 1660 a considerable number of Roman-Catholick Irish Ecclesiasticks then at London headed by a Bishop of the same Religion and Nation had in the same year thought it becoming their duty to God Allegiance to their Natural Prince Piety to their Countrey and the Character also of those who as the Sons of Peace desire Christian Peace and a fair friendly and faithful correspondence betwixt all His Majesties Subjects of whatever Church or Nation yea and not only thought it so becoming but after a serious debate conceived it both expedient and necessary To sign as accordingly they did sign a Remonstrance and Protestation of indispensable fidelity and obedience in all temporal matters whatsoever c or a Declaration and Promise of Loyalty indeed so full as might answer in all respects the end above mentioned And is it not likewise known That with the same Irish Ecclesiastick Subscribers of that Remonstrance the greatest and most considerable part by much of the Nobility and Gentry of our Nation at that time in London did joyn themselves and concurr even by the like subscription then or soon after in that very place besides many more also of the rest of the Nobility and Gentry at home in Ireland who next Winter and since have followed the same good example given first at London And to pass over at present how not only several more of the Irish as well Bishops as other learned Clergymen then abroad have much about the same time approved of that very Formulary of professing our Allegiance even some of them by their manual Subscriptions to it and how not only the English Noblemen advised and consulted with by the Irish Nobility at London concerning it have professed publickly in a great Assembly of the aforesaid Irish both Nobility and Gentry That were the case of the Irish theirs they and all the rest of the English Nobility and Gentry of the Roman Communion would willingly sign that Remonstrance in terminis and even sign it with their blood were this necessary but also how the English Chapter of the Roman-Catholick Secular Eeclesiasticks have in a Letter written on purpose by their command signed by their Dean Humphrey Ellice alias Doctor Waring and superscribed to the Bishop of Dromore signified clearly so much in effect of their own approving likewise the same Formulary or that very individual Remonstrance of ours We say that to pass at present all this over Is it not further as manifestly apparent how graciously that Instrument after the signature of it was received by His Majesty How immediately the Persecution in this Kingdom ceased by His Majesties express Command Nay how ever since both People and Clergy of our Communion have enjoyed the great tranquility and freedom in point of exercising our Religion and Functions which we have so gladly seen and which we so thankfully acknowledge to be still continued to us yea in a higher measure enjoyed by us at
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
propositions of this paper at large and with all clearness discharged our duty as to the three first of those fiâ— of Sorbon and that now remain only the three last 13. We declare further it is our unalterable resolution proceeding freely from the perswasion of a good Conscience and shall be ever with Gods grace First never to approve or practice according to any doctrine or positions which in particular or general assert any thing contrary to His Majesties Royal Rights or Prerogatives or those of his Crown annexed thereunto by such Laws of England or Ireland as were in force before the change under Henry the 8th And never consequently to approve of or practice by teaching or otherwise any doctrine or position that maintains any thing against the genuine liberties of the Irish Church of the Roman Communion as for example that the Pope can depose a Bishop against the Canons of the said Church Secondly not to maintain defend or teach that the Pope is above a General Council Thirdly also never to maintain defend or teach That the Pope alone under what consideration soever that is either of him as of a private person or Doctor or of him as of a publick Teacher and Superiour of the universal Church or as Pope is infallible in his definitions made without the consent approbation and reception of the said Church even we mean in his definitions made either in matters of discipline or in matters of faith whether by Briefs Bulls Decretal Epistles or otherwise 14. Lastly we declare it is our unalterable resolution and shall be alwayes by Gods grace That if the Pope should or shall peradventure be at any time hereafter perswaded by any persons or motives to declare in any wise out of a General Council or before the definition of a future General Council on the point or points against the doctrine of this or any other the above propositions in whole or in part or against our selves or any others for owning or subscribing them We though with all humble submission to his Holiness in other things or in all spiritual matters purely such wherein he hath power over us by spiritual commands according to the Canons received universally in the several Roman Catholick Churches of the world shall notwithstanding continue alwayes true and faithful to our Gracious King Charles the Second in all temporal things and contingencies whatsoever according to the true plain sincere and obvious meaning and doctrine of all and every the fourteen propositions of this paper and of every part or clause of them without any equivocation mental reservation or other evasion or distinction whatsoever and in particular without that kind of distinction which is made of a reduplicative and specificative sense wherein any such may be against the said obvious and sincere meaning and consequently vain and unconscionable in this matter QUERIES CONCERNING The LAWFULNESSE of the Present CESSATION AND OF THE CENSURES AGAINST ALL CONFEDERATES ADHERING unto it PROPOUNDED By the RIGHT HONOVRABLE the SUPREME COUNCIL to the most Reverend and most Illustrious DAVID Lord Bishop of OSSORY and unto other DIVINES WITH ANSWERS GIVEN and SIGNED by the said most Reverend PRELATE and DIVINES Printed at KILKENNY Anno 1648. And Re-printed Anno 1673. The Censure and Approbation of the most Illustrious and most Reverend Thomas Deasse Doctor of Divinity of the University of Paris and Lord Bishop of Meath I The undernamed having seriously perused and exactly examined the Answers made to the QUERIES by the Right Reverend Father in God David Lord Bishop of Ossory and by the Divines thereunto subscribing do esteem the same worthy to be published in Print to the view of the world as containing nothing either against God or against Caesar but rather as I conceive the Answerers in the first place do prove home and evidently convince the Excommunication and other Censures of the Lord Nuncio c. to have been groundless and void even of their own nature and before the Appeal and besides do manifestly convince that in case the Censures had not been such of their own nature yet the Appeal interposed suspends them wholly with their effects consequences and jurisdiction of the Judge or Judges c. And withal do solidly and learnedly vindicate from all blame the fidelity integrity and prudence of the Supreme Council in all their proceedings concerning the Cessation made with the Lord Baron of Inchiquin notwithstanding the daily increasing obloquies and calumnies of their malignant opposers In the second place the Answerers do sufficiently instruct the scrupulous and ignorant misled People exhorting them to continue in their obedience to Supreme Authority as they do in like manner confute and convince efficaciously the opposition of such obstinate and refractory persons as do presume to vilifie and tread under foot the Authority established in the Kingdom by the Assembly of the Confederate Catholicks And finally the Answerers dutifully and loyally do invite all true hearted Subjects to yield all due obedience to their Sovereign and to any other Supreme Civil Magistrate subordinate and representing the Sovereigns Supreme Authority according to the Law of God the Law of the Church and the Law of the Land Thomas Medensis Given at Kâ—lkenny Aug. 17. 1648. Another Approbation BY the perusal of this Treatise intituled Queries and Answers I am induced to concur with other eminent Surveyors thereof That it contains nothing contrary to approved Doctrine sound Faith or good Manners and therefore that behooveful use may be made thereof by such as love truth and sincerity 7. August 1648. Thomas Rothe Dean of St. Canie And Protonotary Apostolick c. Another Approbation HAving perused by Order of the Supreme Council the Queries propounded by the Supreme Council c. with Answers given them by the Right Reverend DAVID Lord Bishop of Ossory and other Divines and being required to deliver my sense of this work I do signifie That I find moving in the said Queries of Answers against Catholick Religion good Life or Manners but much for their advancement and great lights for the discovery of Truth I find by evident proofs declared that the Council in this affair of Cessation Appeal interposed against and other proceedings had with the Lord â—uncio and his adherents 〈◊〉 themselves with a due resentment of the general destruction of the Kingdom and with is true and knowing zeal of Loyalty for the maintenance of the Catholick Religion Justice lawful Authority the lives estates and rights of the Confedâ—ranâ—s I find by uncontroulable reasons proved That the Confederates cannot without worldly ignomity and Divine indignation fâ—ll from the said Cessation while the condition are performed and time expired I find lastly hence and by other irrefragable arguments That all and every of the Censures pronounced either by the Nuncio or any else against the Council or other Confederates upon this ground of concluding or adhering to the Cessation are unreasonable unconscionable invalid void and against Divine and Humane Laws
of Nature Scripture Nations and Canons of Holy Church This is the sense of James Talbot Doctor of Divinity Kilkenny Aug. 4. 1648. The Approbation of the Fathers of the Society of JESUS THE ensuing Answers to the Queries being learnedly and laboriously performed replenished with variety of both Moral and Divine Doctrine as the many Authors Canons and places of holy Scripture therein cited do abundantly manifest containing nothing contrary to Catholick Faith and Religion we judge most worthy to be published as an efficacious mean to remove scruples to satisfie each one and to settle the Consciences of all sorts Hen Plunket Superior of the Society of Jesus at Kilkenny Robert Bath of the same Society Christoph Maurice of the same Society Will St. Leger of the same Society Will Dillon of the same Society John Usher of the same Society Another Approbation BY Order from the Supreme Council I have perused these Queries with their Answers and do find nothing contrary to the Catholick Religion or good Manners nay rather that they contain very solid Doctrine well grounded upon the Holy Scriptures and authorized by the Doctors and Fathers of the Church and are most worthy the Press whereby the World may be satisfied and the most tender Consciences resolved in their groundless Scruples and many dangers removed the which unsatisfied might threaten ruine on a Catholick Commonwealth James Talbot Professor of Divinity Sometimes Visitator of St. Augustin's Order in Ireland c. Another Approbation HAving perused this Book of Queries and Answers made unto them by the most Reverend Father David Lord Bishop of Ossory and several Divines of most Religious and exemplar Life and eminent Learning I see nothing contrary to Faith or good Manners nay rather judge it a very solid and profitable work grounded on the Laws of Nature of God and of Nations confirmed by Councils taught and preached by the Holy Doctors and Fathers of the Church and most worthy to be Printed forthwith That to the world may appear the just and most conscionable carriage of the Supreme Council and their adherents in this Controversie about the Cessation and the unwarrantable and illegal proceedings of the Lord Nuncio and others of the Clergy and Laity who for ends repugnant to their Oath of Association seem disaffected to the English Government as it was even in Catholick times and wholly averse from any Peace or Settlement whereby our dread Sovereign Lord and King might be relieved from his present saâ—l condition Kilkenny 12. Aug. Fr Thomas Talbot One of Her Majesties Chaplains The Approbation of Divines of Saint Francis's Order VVE have diligently read this Work and seen in all pages and parts thereof Truth enfranchiz'd Ignirance enlightned the Councils present proceedings for the Cessation and against the Censures vindicated from injustice as the opposers of their Authority are convinced of sinful Disobedience and Perjury Kilkenny the 10th of August Sebastianus Fleming Thesaurarius Ecclesiae St. Patricii Dublin Fr Thomas Babe Fr Ludovick Fitz-Gerrald Fr Paul Synot Fr James De la Mare The Supreme Councils Letter to the most Illustrious and Reverend DAVID Lord Bishop of Ossory concerning the Assembling of Divines and returning his and their Result on the QVERIES FInding that to the great hinderance of the Publick quiet and the benefit of the Common Enemy the Lord Nuncio hath issued his Excommunication and thereby so far as in him lay distracted the Kingdom and divided the Nation notwithstanding that by our Appeal presented unto him the 4th of this Month his Graces further proceedings according to the Law are to be suspended Yet because it concerns the duty we owe the Kingdom to omit nothing that may remove the least scruple in any of the Confederate Catholicks by which he might avoid the visible breach of his Oath of Association by declining the Authority intrusted with us we have thought fit to let your Lordship know it is our pleasure and accordingly we pray your Lordship to assemble forthwith all the Secular and Regular Clergy and all other the able Divines now in this City together before you and to get their present Result upon the enclosed Propositions to be transmitted to us with all speed We know your Lordship so zealous a Patriot and so desirous of setling the Consciences of such few of your Flock as may haply be yet unsatisfied as you will use all possible expedition herein which is earnestly recommended to your Lordship by Kilkenny Castle 14. June 1648. Your Lordships very loving Friends Athenry Luk Dillon Rich Belling Patâ— Brian Joh Walsh Rob Devereux Gerald Fenell The QUERIES I. WHether any and if any what part of the Articles of the Cessation with the Lord of Inchiquin is against the Catholick Religion or just ground for an Excommunication II. Whether you hold the Appeal by uâ— made and interposed within the time limited by the Canon Law and Apostles being granted thereupon be a suspension of the Monitory Excommunication and Interdict and of the effects and consequences thereof and of any other proceedings or Censures in pursuance of the same III. Considering that the Propositions of the Lord Nuncio now Printed were offered by his Lordship as a mean whereby to make the Cessation conscionable whether our Answers thereunto likewise Printed are so short or unsatisfactory and wherein as they might afford just grounds for an Excommunication IV. Whether the opposing of the Cessation against the positive Order of the Council by one who hath sworn the Oath of Association be Perjury V. Whether if it shall be found That the said Excommunication and Interdict is against the Law of the Land as in Catholick time it was practised and which Laws by the Oath of Association all the Prelates of this Land are bound to maintain Can their Lordships notwithstanding and contrary to the positive Orders of the Supreme Council to the contrary countenance or publish the said Excommunication or Interdict VI. Whether a Dispensation may be given unto any Person or Parties of the Confederates to break the Oath of Association without the consent of the General Assembly who framed it as the Bond and Ligament of the Catholick Confederacy and Union in this Kingdom the alteration or dissolution whereof being by their Orders reserved only unto themselves VII Whether any persons of the Confederates upon pretence of the present proceedings of the Lord Nuncio may disobey the Order of the Supreme Council ANSWERS Made to the foresaid QUERIES BY THE Most Reverend Father in GOD DAVID Lord Bishop of Ossory and by the Divines The Preface in form of Letter directed to the Right Honourable the Supreme Council AS well in obedience to your Honours Commands as for satisfaction of our Consciences and guiding Souls committed to our Charge or clearing their Scruples and resolving such from Perplexities who come to us for their spiritual instruction We have seriously considered the Questions delivered us from your Lordships And having first proposed God before our eyes with firm resolutions
Law and Appeal had not been interposed yet must we hold that your Honours Appeal in your own behalf and in the name of all the Confederate Catholicks who did or do adhere unto your Honours having been so made within due time and after the form of Law tender'd with expression of reasonable causes therein for provoking to His Holiness and Apostles being demanded and granted though these Apostles are no other than Refutatories must notwithstanding suspend the Monitory or conditional Excommunication and Interdict with all their effects and consequences and all other proceedings of the Censurers in pursuance of the same It s plain by the Sacred Canons undoubted by the Doctrine of Divines and Canonists and clear by the very light of Reason which God hath given intelligent Souls Read cap. Praeterea 40. ext de appellatione cap. Si a Judic de appellat in 6. that we may pass over to shun tediousness many such places and you shall find nothing more plainly resolved in the Canons We have (a) Praeterea requisiti suimus si quis Judex ita protulerit sententiam Nisi empronio infra viginti dies satisfeceris te excommunicatum vel suspensum aut interdictum cognoscas Ille in quem fertur sententia medio tempore appellans ad diem statutum minime satisfecerit utrum ille taâ—i sententia ligetur aut interpositione Appellationis tutus existat Videtur autem nobis quod hujusmodi sententiam Appellationis obstaculum debeat impedire been demanded sayes Celestine the III. in cap. Praeterea in case a Judge pronounce sentence thus If you do not satisfie Sempronius within twenty dayes know that you are excommunicated suspended or interdicted and he against whom the sentence is given appealing in the mean time that is sometime within the twenty dayes makes no satisfaction to Sempronius at or before the day prefixed whether he to wit the party against whom the sentence was pronounced hath incurred the Censures as bound by the sentence or hath his Appeal interposed saved him harmless We think that the interposing of the Appeal hinders and takes away the force of the said sentence And thus sayes Glossa (b) Glossâ— in verb. impedire ita suspenditur sententia quae non dum tenet non enim tenet nisi extante conditione Ex quo autem reneret non suspenderetur ejus affectus c. on the word Impedire the sentence is suspended which doth yet bind or which is not yet of force he means until the time prefixed for admonition be expired and other conditions if any be as that was in this case of not satisfying performed for it is not binding until the condition be extant But if it were once binding its effect could not be suspended by an Appeal coming after c. Behold here our very case Our Judge or Judges the Lord Nuncio and his four Delegates as they are called though really it be much doubted whether the Congregation held last at Kilkenny gave them any such delegation to proceed with so much rigour against the whole body of the Kingdom to bring so much danger upon it and throw so much confusion sedition and wickedness into every corner and into the very intrals of the Confederates and this by abuse of Ecclesiastical Censures to bring scandal on the Church notwithstanding the Lord Nuncio with his four Delegates commanded the Supreme Council and their Adherents who embraced the Cessation to reject the said Cessation within or before nine dayes after the intimation of their command and likewise enjoined all others of the Confederates not to join with or consent to this Cessation otherwise declared the former excommunicated and interdicted if they fell not from it within that term prefixed and the later likewise in case they transgressed after they had got sufficient notice of their Lordships determination and Censures in this behalf The Supreme Council interposed an Appeal to His Holiness for themselves and for all the rest unto whom the Censures might be extended and tender'd it according to the form of and within the time prescribed by the Canons Is it not then consequent that these monitory and conditional Censures were by such an Appeal suspended It followeth manifestly if the judgment of Celestine was just or the Law doth not err In both monitory and conditional Censures In both an Appeal made before the dayes of admonition or allowed for deliberation were expired or before the condition was in being that is before a new transgression of the precept after sufficient notice had thereof no Appeal being interposed and after the dayes allowed for appearance were once past therefore in both cases the Appeal must have the like effect Videtur autem nobis quod hujusmodi sententiam Appellationis obstaculum debeat impedire Non enim tenet sayes (c) Celestinus in Praeterea supra Glossa ibid. Glossa nisi extante conditione c. ut supra The first branch of this second Querie and of our assertion in answering it being thus declared the next branch that is whether the effects and consequences of the Censures be likewise suspended is of easie resolution and the resolution of as easie proof For it is a known Maxim in the Canons That accessories do follow the principal cap. (d) Accessorium sequitur principale Dilectis filiis de appellat and it is certain That the Censures we speak of are the principal and that the effects and consequences are but accessories Wherefore the Censures being in themselves suspended by the Appeal the effects and consequences must be of necessity suspended And verily there is no difficulty may be moved in this point What effects and consequences of excommunication and interdict See at full in Tolet. l. 1. Bonifac. 8. in c. Si a Judice de Appellat in 6. But some controversie perhaps may arise about the third part of this Querie where it 's demanded Whether all other Censures or proceedings of the Lord Nuncio Delegates or others in pursuance of the former on the same ground are likewise suspended or hindered by the said Appeal yet even this branch is so cleared by cap. Si a Judice de Appellat in 6. that nothing more can be desired For in this Chapter Boniface the VIII both determines and declares That an Appeal once made the Judge from whom is no more Judge over the Appellant and that his Jurisdiction is suspended understand in the case and others thence following wherein the Appeal is made and that therefore the Appellant is not bound to appear before him If the Judge from whom be no more Judge if his Jurisdiction be suspended the Appeal being interposed if therefore the Appellant be not to appear before him what is more evident then That the said Appeal is a suspension of all other proceedings or Censures issued or to be issued in pursuance of the former or on the same ground from the Lord Nuncio and his Delegates or any other deriving Authority from them
no yet doubtless even the Lord Nuncio and Delegates will not deny but the causes expressed in the Appeal are probable or likely or such as if they can be proved to be true will be thought sufficient There is no man of judgment hath ever yet seen or will see the Appeal that can or will deny this And if so how could it be rejected in foro exteriori as unjust whereas it hath the conditions prescribed by the Doctors Canons and Glosses for a just Appeal the one to have been made in due time and the other to have expressed in it motives which may seem in facie Ecclesiae to be probable likely or such as being proved would be thought lawful For that of bona fides mentioned by some of the Divines is not required by them but only for securing the interiour Conscience of the Appellant and not for any thing might concern the exteriour Tribunal wherein judgment is not given of the interiour opinion or bona fides of the Appellant but of that which appears exteriourly as of the causes expressed in the Appeal c. which if secundum allegata probata they be found true the Judge ad quem to whom only it belongs will give sentence for the Appeal whether in the mean time the interiour opinion of the Appellant was a bona fides or no. For of the interiour God alone is Judge not the Church And this is the reason why the Canons and Glosses speaking of the reasonableness and justice of the causes which being expressed makes the Appeal just require only such motives as seem probable or true though in themselves they be not true or such as being proved to wit before the Judge ad quem would make the Appeal lawful and say nothing of the bona fides conceiving this to be impertinent and not belonging to the external Court of judgment which they do chiefly regard Yet because the bona fides of the Appellants may be sufficiently conjectured out of the probability likelihood or evidence of the motives expressed in the Appeal who can doubt that knows the state of Ireland and looks on our condition with an indifferent eye but the Council and Confederates had not only probable motives but even reasons in themselves and before the World most evidently just which necessitated them to make their address to His Holiness and throw themselves into His protection though for point of Conscience this was needless from the violent proceedings of the Lord Nuncio and his either Delegates or Sub-delegates as being for private ends opposite to the advancement of Religion and of the common Cause destructive of the Kingdom and illegally thwarting the Supreme Civil power of the Confederates by drawing the people in as much as in them lie to Sedition and Rebellion All which motives and many more your Honours expressed at large in your Appeal and their truth may be manifestly inferred out of our sad condition the great necessity the Countrey stood in of a Cessation and the no less utility might be derived from it for the Catholick Cause as your Honours of the Council declared in your said Appeal and we have shewed in our answer to the first Querie Unto which motives may yet be added according to the power for adding your Lordships reserved to your selves in your Appeal what is consequent out of them and out of other particulars expressed in the Appeal videlicet That your Honours and the rest of the Confederates were commanded on pain of Excommunication and Interdict not to adhere unto a Cessation concluded upon actually and from which neither you nor they could fall without omission of most vertuous acts Fidelity in performance of Promises Religion in sacred Oaths and Disobedience to Authority nor without commission of sinful acts unfaithfulness in Contracts Perjury in Oaths and disobedience to Authority From which likewise you could not fall without extremely endamaging and hazarding the Commonwealth by reason of the strength and multitude of enemies which that Cessation rejected would on all sides come upon us besides the judgments of God would hang over us for our perfidiousness (k) See both in Sacred and Prophane Histories the dreadful punishments that attended alwayes the breach of Publick Faith and Perfidiousness See in the 2d of Kings 2â— how Heaven pursued with vengeance the King and whole Kingdom of Israel for having broken Faith with the Gibeonites though no less than a Hundred years since the Covenant made with them Josh 9. yea and though in that Covenant the Gibeonites used subtlety and were by profession Infidels Were not the chosen people and Nation of God for this breach of Faith scourged with an universal Famine even in the dayes of holy King David propter Saul domum ejus sanguinum quia occidit Gabeonitas And notwithstanding so many Thousands starved to death by this Famine was the Divine wrath appeased until Seven of his Sons who brake the League were resigned over by King David to the pleasure of the offended Gibeonites and were Crucified alive by them upon a Mount before the face of God Et dedit eos in manus Gabaâ—nitorum qui cruc fierunt eos in monto coram Domino repropitiatus est Deus torrae post hac See in the 36 of Paralipâ—m the deplorable fate of the unfortunate King Sedecias and of his Kingdom for having contrary to promise made renounced his Allegiance broken League with and taken Arms against Nabuchadnezzaâ— the Monarch of Babylon A â—ege quoquo Nabuchadâ—â—sâ—â— recesserat qui adjuraverat eum per Deum Was not his Kingdom therefore utterly destroyed the holy City râ—zed the Temple of God burn'd the miserable King deprived of those eyes wherewith before he beheld the Covenant broken finally his Countrey planted with Aliens and both himself and the remainder of his people translated to Babylon for to lead the life of Slaves in a long Captivity of 70 years Yet Sedecias was drawn to this breach of Peace through causes no less specious than Nebuchadnezzar's Idolatry in Religion and Tyranny in his Government of the elect Nation of God See in Gregory Sceidius and in Knolls's Turkish History the formidable event of a Cessation or Ten years Truce broken formerly concluded 'twixt Vladislaus the Christian Catholick King of Hungary and Amwâ—ath the Turkish Monarch but broken by the Christian King soon after 't was published by the persuasions and overmuch importunity of part of the Clergy specially of Julian the Florentine Cardinal then Legate Apostolick in the Kingdom of Hungary who needs would dispense in the Oath interchangeably taken by Christians and Turks for observing the Cessation Alas how late came repentance when the poor Hurgâ—rians beheld their valiant and good Vladislaus slain before their faces in the Battel of Varra their Nobility slaughtered â—â—lian himself with oâ—her Authors of this misfortune all naked covered only with blood and yielding the ghost their Army ever before this faithless dealing victorious totally destroyed and
their or hinderance to annoy them Yet for ample satisfaction we further say to the first part of this Objection that as doubtless it concerns more nearly the Supreme Council to know the condition of the Countrey as who only were then and are yet entrusted with the Government were and are more often and more particularly inform'd so it belong'd and yet belongs to them of right to declare the ability or disability of the Countrey for War and the necessity and profit of either Cessation or Peace and consequently to conclude a Cessation and Peace or continue War we mean so far as the General Assembly furnisheth them with power as in this particular of concluding the present Cessation they have Unto which determination of theirs and unto all other in matters meerly civil such as this is where manifest sin doth not appear as in this business appears not the Lords Spiritual and both Clergies Regular and Secular are to obey as Subjects bound hereunto in Conscience and under mortal sin according to the consent of Holy Fathers and Divines where the matter is of moment and specially when it concerns the peace of the Commonwealth and allegiance to the Crown or Kingdom not to resist as Judges (q) See the Fathers and Expositors on Rom. 13.2 Oecumenius Theophilactus Augustine Ambrose Bernard with Cornelius a Lapide Omniâ— anima sayes Chrysostom potestatibus supereminentibus subdita su sive Apostolum sis sive Evangelista sive Propheta c. All other Fathers and Expositors together with Chrysostom understanding the same passage of St. Paul of obedience due to the Civil Magistrate and due unto them even by Churchmen With this sense of Fathers and Expositors all Catholick Divines agree See them together with Canon 〈◊〉 and Canons â—o this purpose in great numbers with Laymaâ— 1. l. 1. Tract 4. c. 13. and Becan in his Sum. Theol. de Leg. ham c. 6. qâ—â—i Nay that not only the Civil power obligeth thus indirectâ—y but also directly by their Laws or Commands Victoria Soto Medina and many others maintain However this be all confess that Cleâ—ks are bound in Conscience to obey the just Ordinances of the Commonwealth and undoubted it is that they are to be accounted just until manifestly they appear unjust That the Civil Laws and civil Commands of the Commonwealth or of the Civil Authority do bind Consciences to their performance under mortal sin if the thing commanded be of moment Vasquez teacheth d. 18. c. 4. and other with him Suar. l. 3. c. 27 n. 4. who are cited and followed by Becan in Sum. Theol. de Leg. hun c. 6 q. 3. n. â—i â—ii As for the second part of the said Objection it cannot be more cleared than it hath been by your Lordships in your printed answers to the Lord Nuncio 's Propositions and in your printed Declarations in pursuance of the said Answers in both which you declare unto the World and oblige your selves not to receive any other Peace but that which hath been agreed upon by the last Assembly and transmitted with the Agents unless peradventure the Kingdom and Assembly shall otherwise decree for the good of the Commonwealth Unto which Decree you are by Oath as other Confederates to conform and submit your own judgments And verily what could be more expected from your Lordships you are Confederates you took the Oath of Association you were thought worthy by both Estates Ecclesiastical and Temporal in a general Assembly to have the Kingdom put into your hands and the power of concluding a Cessation residing only in your breasts you were esteemed per consequence by the Nation to be men of honour wisdom and conscience finally what your Honours did in this business was through the vehement desires of the Provinces and known necessities of the Confederates and hath been likewise generally approved of and received by all the Catholick party in Ireland yea with joyes and thanks as the only mean of their preservation only a few refractories oppose it men without any rashness but with much grief we speak it who seem to have the evil of proper interest before their eyes unconscionable designs in their hearts and who have for such unworthy ends sufficiently discovered themselves enemies of all publick quiet and happiness of the Nation What the seditious Libellist Author of the Vindication who by that scurvy piece hath nothing served but much disserved the Nuncio here objects against the opinion we are to hold of your integrity and likewise against even your authority or power in signing the Cessation where he sayes 't was only concluded by a malignant infamous perjur'd Party of the Supreme Council by others inveigled by them and by some who officiously signed being no members of the Council this forged Calumny we say might be contemn'd and in regard it is so known to be a meer fiction of a Libellist not otherwise answered than that his Pen had too much gall and poyson and his matter neither rime nor reason Yet to undeceive the deceived if any be such and to prevent or take away the impression which perhaps the reading or hearing of this unknown detracter might give or hath given some simple Souls we thought fit to insert in this place two Acts of General Assemblies whereby this Impostor may be confounded The first is a Declaration made by the universal vote of the Kingdom in the year 1646. Febr. 2. vindicating these members of the Supreme Council from these aspersions of Perjury and Disloyalty then first endeavoured to be cast upon them by their Adversaries but now revived again from Hell by the Libellist in their negotiating with the Marquess of Ormond the rejected Peace The words of the Declaration are these And this Assembly do hereby likewise declare That the said Council Committee of Instructions and Commissioners of the Treaty have faithfully and sincerely carried and demeaned themselves in their said Negotiation pursuant and according to the trust reposed in them and gave thereof a due and acceptable account to this Assembly Given at Kilkenny the 2d day of February 1646. Surely this Declaration made after exact debate of the matter by the Lords Spiritual Temporal and Commons in a general Assembly of the whole Kingdom must be of more weight and power to persuade any reasonable creature than a passionate and obscure Libellists bare assertion At least the new and legal establishment of such members in their former dignity and government of the Kingdom notwithstanding all the opposition made and labours taken by their Adversaries to brand them with some character whereby to render them incapable must convince any judgment Is there any likelihood that a whole Nation in its Representative body the General Assembly and ever since in all its real parts in all Provinces Counties Cities Towns yea and Armies would have tyed themselves and sworn to obey them whom they had either proved or justly suspected not to have discharged the trust imposed or therefore had been
give their own way any other than extrinsecal probability even this extrinsecal probability now ceasing where the reasons to the contrary are so manifestly insoluble and an Errour with reverence still to their dignities proved in their proceedings and sentence for what concerns Conscience since they have no power to make it an Article of our Belief that the Cessation is against Conscience Nay this Controversie being wholly or principally depending on a question of Fact cannot by any power on earth be so defined Vid. Bellarm. supra but that it may be lawful to follow the contrary opinion which defends it to be conscionable The Third Querie answered TO the Third That your Lordships printed Answers to the Propositions of the Lord Nuncio are not so short or unsatisfactory in any point as they might afford just ground for an Excommunication The reasons of which resolution are apparent in our Answers to the two former Questions and likewise hence That the Lord Nuncio in his Propositions inserted nothing but what did meerly belong to the Civil Government wherein notwithstanding if any Errour could be declared to have been committed your Lordships were content upon manifestation thereof to amend it or else what was provided for sufficiently before those Propositions were offered The Fourth Querie answered THat whereas the Oath of Association tyes all the Confederates to be dutifully obedient and observant of your Lordships just Orders and Decrees and whereas in our Answer to the first Querie it is sufficiently proved That the present Cessation is most just and lawful and by consequence your Orders and Decrees commanding the Confederates to accept and obey the Cessation must be just it follows That disobedience to such your Lordships Commands in not adhering to the Cessation is Perjury The Fifth Querie answered THat if it shall be found that the Excommunication and Interdict of the Lord Nuncio is against the fundamental Laws of the Kingdom and which the Prelates have sworn by the Oath of Association to maintain it is not lawful for them to publish or countenance the said Censures contrary to your Lordships positive Orders Neither do we see how can any of the Prelates otherwise answer if they condemn not the Oath of Association of injustice and themselves of having done ill in taking or approving it The Sixth Querie answered Bonac tom â— d. 4. q. 1. pun ultim n. 8. citans Suar. c. 41. Sanch. l. 1. de Matr. dis 32. Filluc tra 23. c. 9. q. 10. nu 279. IT being the common sense of Divines that in an Oath lawfully taken for the good and profit of another none can dispense without his privity and consent unto whom it was sworn but in certain cases exprest by the Authors cited in the margent and the Oath of Association being in it self lawful and sworn to the Kingdom for the publick good of the Nation and of each Confederate in particular certainly a dispensation cannot be given to any person or parties of the Confederates to break the said Oath or to take away the obligation of it without the consent of the Assembly unto which by a special clause of the said Oath and this is to be well noted the alteration or dissolution of the Oath is reserved none of the cases excepted by Authors having place in this matter Wherefore if any other of what power soever though it were His Holiness did otherwise attempt to dispense with any of the sworn Confederates both the Dispenser and dispensed would hereby transgress the Law of God and incur the guilt of a mortal and most heinous crime Besides that such a dispensation would be of its own nature invalid void and no way securing for the future the Conscience of the dispensed and consequently this party dispensed withall must of necessity as often as he makes use of such a dispensation so many times commit a mortal sin the Dispenser likewise and without question participating by his first action of the same evils All and every branch and particular of which resolution followeth by necessary inference out of the common and certain doctrine of Classick Authors who without controversie teach That the obligation of a lawful Oath is in a weighty matter under mortal sin and de jure divino by the Law divine natural and positive and that even His Holiness cannot without a manifestly just cause Vid. Bonaci tract de legi disp 1. q. 2. pu 3. prop. 2. nu 14. 15. uâ—i citâ—t Reginal Sanch. Sal. Valeâ— Toâ—e Vasq Cajet Sylv. Nava Sotum c. dispense in any obligation of the Law divine and that if he should otherwise his dispensation would be in it self void sinful and no way securing the Conscience of the party dispensed withal Which doctrine they make evident with many strong and perspicuous reasons unnecessary to be now rehearsed and specially declare it out of Holy Scripture 2 Cor. 13.10 where St. Paul tells That Christ consigned his power unto the Prelates of the Church non in destructionem sed in aedificationem not for destruction but for edification But who sees not that this power would be abused for destruction and not for edification if on pretence of it and without a manifestly just cause dispensations should be granted in the Law divine positive and natural And who is it that looks on the Confederates and their present condition with an impartial eye but will conceive that there cannot be a just cause for dispensing with them or particulars of them in their Oath of Association or with them in their obedience due by the said Oath to the Government established First In regard the sole cause pretended is the Cessation made and observed with Inchiquyn which we have notwithstanding proved to have been lawful necessary profitable and much to the advancement of the Catholick cause were it obeyed by refractories and per consequence of the glory of God How then could it be a just cause for dispensing with any in the Oath of Association or in the obedience due by the said Oath to all Orders of the Supreme Council or all such Orders as do not manifestly appear to be sinful Secondly Because such a dispensation breeds Sedition stirs Rebellion commenceth a Civil War and divides the Confederates into Parties throws fire and blood into their very entrals and by their own hands finally weakens them so by these wayes of mutual enmities and hostilities as hereby in reason they should be thought to be exposed as a prey to the common enemy of our Religion specially their disability when they were entire being considered and the prime scope of their Confederacy which is the propagation and glory of Catholick Religion very unlikely to be attained but rather despaired of Is there any one knows Ireland but should in reason have persuaded himself That all these evils should have followed such a dispensation if God did not prevent them by a miracle and on miracles we are not S. Tho. Val. Sanch. Lessi
strong motives and moral certainties produced before in our Answer to the second Querie and which we may have to persuade us that the Supreme Council who are chiefly aimed at in this business had no such evil intentions Which together with all hitherto said being duly pondered by them who now seem so adverse to us in opinion but by them discharged a little of passion retyring into their Souls and looking with an eye of indifferency upon this difference we doubt not but they will acknowledge before God the truth of our Assertions and with how little reason but great hazard of eternal salvation they disobey the Commands of the Supreme Council on pretence of the present proceedings of the Lord Nuncio and we hope as we most heartily desire with all our Souls that they or at least such of them as have an affection to Loyalty and a true zeal of Gods cause will by their unfeigned and repentant submission to the Supreme Authority established by the Kingdom make happy these Answers labour'd as the shortness of time did permit for their conversion and satisfaction of all good Patriots by DAVID Bishop of OSSORY F John Roe Provincial of the Excal Carmelites Nicholas Taylor Doctor of Divinity William Shergoli Professor of Divinity Prebend of Houth and Vic. For. of Fingal Fr John Barnwall Lector of Divinity Fa Simon Wafer Lector of Divinity F Peter Walsh Lector of Divinity Luke Cowley Archdeacon of Ossory and Protonotary Apostolick Laurence Archbold Vic. For. in the Deaneries of Brea Tawney and Glandalagh F Christopher Plunket Guardian of St. Francis Convent in Dublin Fa John Dormer Guardian of St. Francis 's Order at Castle-dermot Fr Bonaventure Fitz-Gerald Guardian of Kildare F Laurence Matthews Preses of Carmel Kilken F Laur. a sancto Bernardo Paul Nash Prebend John Shee Prebend of Main James Sedgrave FINIS THE FIRST APPENDIX CONTAINING Some of those PUBLICK Instruments related unto PARTLY IN THE QUERIES AND PARTLY In several places of the precedent WORK or in the Four Treatises of this FIRST TO ME. VIZ. I. The Oath of Association or that which was the essential tye of the Roman-Catholick Confederates of Ireland as such according to that Form wherein it was taken or renewed in the year 1644. II. The Lord Nuncio's Excommunication and Interdict by him and his Fellow Delegates or Sub-Delegates fulminated on the 27th of May 1648. against the Adherers to the Cessation made with Inchiquin III. The Supreme Councils Appeal interposed on the 31 of May the same year to His Holiness Pope Innocent X. from the said Censures Nuncio and His Fellow Delegates c. IV. The Articles of the Second Peace or of that on the 27th of the following January same year 1648. according to the old English computation but the 7th of February 1649. according to the new Roman stile concluded betwixt His Majesty CHARLES I. and the Roman-Catholick Confederates of Ireland by James Marquess of Ormond Lord Lieutenant of Ireland and Special Commissioner for His Majesty in treating and concluding that Peace V. The Declaration of the Archbishops Bishops and other Irish Prelates at Jamestown 12 Aug. 1650. against the said Marquess Lord Lieutenant General and General Governour of Ireland wherein they assume to themselves the Regal Power restore again the Confederacy declare the said Marquess devested of all power c. VI. The Excommunication of the same date fulminated by the same Irish Archbishops Bishops and others against all persons whatsoever obeying any more or at any time thenceforth the said Marquess however the King 's Lieutenant Printed in the Year M.DC.LXXIII The Preamble to the Oath of Association WHEREAS the Roman-Catholicks of this Kingdom of Ireland have been enforced to take Arms for the necessary defence and preservation as well of their Religion plotted and by many foul practices endeavoured to be quite suppressed by the Puritan Faction as likewise of their Lives Liberties and Estates and also for the defence and safeguard of His Majesties Regal Power just Prerogatives Honour State and Rights invaded upon and for that it is requisite That there should be an unanimous Consent and real Union between all the Catholicks of this Realm to maintain the Premisses and strengthen them against their Adversaries It is thought fit by them That they and whosoever shall adhere unto their Party as a Confederate should for the better assurance of their adhering fidelity and constancy to the Publick Cause take the ensuing Oath The Oath of Association I A. B. do profess swear and protest before God and his Saints and Holy Angels That I will during life bear true Faith and Allegiance to my Sovereign Lord CHARLES by the Grace of God King of Great Britain France and Ireland and to His Heirs and lawful Successors and that I will to my power during my life defend uphold and maintain all His and their just Prerogatives Estates and Rights the power and priviledge of the Parliament of this Realm the fundamental Laws of Ireland the free exercise of the Roman-Catholick Faith and Religion throughout all this Land and the Lives just Liberties Possessions Estates and Rights of all those that have taken or shall take this Oath and perform the Contents thereof And that I will obey and ratifie all the Orders and Decrees made and to be made by the Supreme Council of the Confederate Catholicks of this Kingdom concerning the said Publick Cause And that I will not seek directly or indirectly any Pardon or Protection for any Act done or to be done touching the General Cause without the consent of the major part of the said Council And that I will not directly or indirectly do any Act or Acts that shall prejudice the said Cause but will to the hazard of my Life and Estate assist prosecute and maintain the same So help me God and his Holy Gospel By the General Assembly of the Confederate Catholicks of Ireland Kilkenny July 26. 1644. Upon full debate this day in open Court Assembly it is unanimously declared by the Lords Spiritual and Temporal and the Knights and Burgesses of this House That the Oath of Association as it is already penned of Record in this House and taken by the Confederate Catholicks is full and binding without addition of any other words thereunto And it is ordered That any person or persons whatsoever who have taken or hereafter shall take the said Oath of Association and hath or shall declare by word or actions or by persuasions of others That the said Oath or any Branch thereof doth or may admit any equivocation or mental reservation if any such person or persons be shall be deemed a breaker of his and their Oath respectively and adverse to the General Cause and as a Delinquent or Delinquents for such offence shall be punished And it is further ordered That the several Ordinaries shall take special care that the Parish-Priests within their respective Diocesses shall publish and declare That any person or persons who hath or shall take
their Votes in Parliament until such time as they shall afterwards acquire such Estates respectively and that none be admitted into the House of Commons but such as shall be estated and resident within this Kingdom XII Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That as for and concerning the independency of the Parliament of Ireland of the Parliament of England His Majesty will leave both Houses of Parliament in this Kingdom to make such Declaration therein as shall be agreeable to the Law of the Kingdom of Ireland XIII Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That the Council Table shall contain it self within its proper bounds in handled matters of State and weight fit for that place amongst which the Patents of Plantation and the Offices whereupon those Grants are founded are to be handled as matters of State and to be heard and determined by His Majesties Lord Lieutenant or other chief Governour or Governours for the time being and the Council publickly at the Council-Boord and not otherwise Titles between Party and Party grown after these Patents granted are to be left to the ordinary course of Law And that the Council Table do not hereafter intermeddle with common business that is within the cognizance of the ordinary Courts nor with the altering of possessions of Lands nor make nor use private Orders Hearings or References concerning any such matter nor grant any Injunctions or order for stay of any Suits in any Civil cause and that Parties grieved for or by reason of any proceedings formerly had there may commence their Suits and prosecute the same in any of His Majesties Courts of Justice or Equity for remedy of their pretended Rights without any restraint or interruption from His Majesty or otherwise by the chief Governour or Governours and Council of this Kingdom And that the proceedings in the respective Presidents Courts shall be pursuant and according to His Majesties printed Book of Instructions and that they shall contain themselves within the limits prescribed by that Book when the Kingdom shall be restored to such a degree of quietness as they be not necessarily inforced to exceed the same XIV Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further pleased That as for and concerning one Statute made in this Kingdom in the Eleventh year of the Reign of Queen Elizabeth intituled An Act for staying of Wool Flocks Tallow and other necessaries within this Realm And one other Statute made in the said Kingdom in the Twelfth year of the Reign of the said Queen intituled An Act _____ And one other Statute made in the said Kingdom in the Thirteenth year of the Reign of the said late Queen intituled An Explanation of the Act made in a Session of this Parliament for the staying of Wool Flocks Tallow and other Wares and Commodities mentioned in the said Act and certain Articles added to the same Act all concerning Staple or Native Commodities of this Kingdom shall be repealed if it shall be so thought fit in the Parliament excepting for Wool and Wool-fells and that such indifferent persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillen Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall be authorized by Commission under the great Seal to moderate and ascertain the rates of Merchandize to be exported or imported out of or into this Kingdom as they shall think fit XV. Item It is concluded accorded and agreed by and between the said Parties and His Majesty is graciously pleased That all and every person and persons within this Kingdom pretending to have suffered by offices found of several Countries Territories Lands and Hereditaments in the Province of Vlster and other Provinces of this Kingdom in or since the first year of King James's Reign or by attainders and forfeitures or by pretence or colour thereof since the said first year of King James or by other Acts depending on the said offices attainders and forfeitures may petition His Majesty in Parliament for relief and redress and if after examination it shall appear to His Majesty the said persons or any of them have been injured then His Majesty will prescribe a course to repair the person or persons so suffering according to justice and honour XVI Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That as to the particular cases of Maurice Lord Viscount de Rupe Fermoy Arthur Lord Viscount Jueagh Sir Edmond Fitz-Gerald of Cloungliffe Baronet Charles Mac Charthy Reagh Roger Moore Anthony Moore William Fitz-Gerard Anthony Lynch John Lacy Collo Mac Bryen Mac Mahon Donnel Costingen Edmond Fitz-Gerald of Ballimartyr Lucas Keatinge Theobald Roch Fitz-Myles Thomas Fitz-Gerald of the Vally John Bourke of Loghmaske Edmond Fitz-Gerald of Ballimullo James Fitz-William Gerald of Glysnan and Edward Sutton they may Petition His Majesty in the next Parliament whereupon His Majesty will take such consideration of them as shall be just and fit XVII Item It is likewise concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That the Citizens Freemen Burgesses and former Inhabitants of the City of Cork and Towns of Youghal and Dongarvan shall be forthwith upon perfection of these Articles restored to their respective Possessions and Estates in the said City and Towns respectively where the same extends not to the indangering of the Garrisons in the said City and Towns in which case so many of the said Citizens and Inhabitants as shall not be admitted to the present possession of their houses within the said City and Towns shall be afforded a valuable annual Rent for the same until settlement in Parliament at which time they shall be restored to those their possessions And it is further agreed and His Majesty is graciously pleased That the said Citizens Freemen Burgesses and Inhabitants of the said City of Cork and Towns of Youghal and Dongarvan respectively shall be enabled in convenient time before the next Parliament to be held in this Kingdom to choose and return Burgesses into the same Parliament XVIII Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That an Act of Oblivion be passed in the next Parliament to extend to all His Majesties Subjects of this Kingdom and their Adherents of all Treasons and offences Capital Criminal and Personal and other
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
otherwise contributing to them without 〈◊〉 necessity Further in pursuance of our said Declaration we do Excommunicate as above all those that will side and adhere to the Lord Marquess of Ormond against our said Declaration by bearing Arms for him or his Party by giving him any Subsidie Contribution monies or Intelligence or in any way strengthning securing advising or helping him or obeying his Commands against us or our right intentions herein We do likewise suspend respectively ab officio beneficio voce activa passiva gratiis indultis privilegiis quibuscunque all and singular Ecclesiastical persons Dignitaries Pastors Priests Chaplains either of the Army or private Families Regular and Secular and all other Ecclesiastical persons whatsoever that will give counsel or advice against hinderance or opposition to our said Sentence or Declaration And for further strengthning of these our Act and Acts Sentence and Result we do hereby reserve the Absolution from the above Excommunication and Censures to our selves or to others that will be particularly authorized by us Finally we command respectively as aforesaid sub iisdem penis Censuris all our Vnder Pastors Parish Priests Religious Convents and other Communalties that inter Missarum Solemnia or in publick Places and Sermons they publish this our present Declaration and Sentence of Excommunication and Suspension when and wheresoever they will be required so to do Given at Jamestown under our hand Aug. 12. 1650. Signed by H Ardmacan Jo Archiep. Tuam Jo Rapotens Eugen Kilmor Fran Aladen Nic Fernens Procurator Dublin Fr Anton. Clonmacnocens Walt Clonfert Procurator Leghlinens Fr. Artur Dunens Connor Procurator Dromorens Fr. Hugo Duacensis Fr. Gul de Burgo Provincialis Hiberniae Ordinis praedicat Jac Abbas de Conga Commiss generalis Canon reg S. Aug. Fr. Thom Keran Abbas de Duellio Carol Kelly S. Th. Doctor Decan Tuam Fr. Bernard Egan Procurator R. admodum P. Provincialis Fratrum Minorum Fr. Ricar O Kelly Procur Vic. Generalis Kildar Prior Rathbran Ord. Praedicat Thad Aeganus S. Th. D. Praepos Tuam Luc Plunket S. Th. D. Proton Apostolicus Rector Collegii de Kilecu exercitus Lageniae Capellan major Jo Doulaeus Juris Doc. Abbas de Kilmanagh unus ex Procuratoribus Capituli Cleri Tuam Gual Enos S. T. D. Protonot Apostolicus Thesaurarius Fernen Procurator Praepositi Ecclesiae Collegiatae Galviens And we the undernamed sitting at Galway with the Commissioners authorized by the Congregation held at Jamestown sexto Augusti currentis do concur with the above Sentence of Excommunication and Censures and withal do now make and firm the same as an Act of our own by our several Subscriptions Aug. 23. 1650. Thomas Cashel Jo Laonen Episcopus Edm. Limericen Rob Corgan Cluan Fr Terent. Immolacen Jac. Fallonus Vic. Apostolicus Acaden Fr Petrus Tiernanus Proc. Ministri Provincialis Fratrum Minorum THE SECOND APPENDIX CONTAINING I. The then Marquess now Duke of Ormond and then also Lord Lieutenant General and General Governour of the Kingdom of IRELAND HIS Long and Excellent Letter FROM KILCOLGAN The Second of December 1650. TO THE Lords and Gentlemen ASSEMBLED AT LOGHREOGH i. e. to the last GENERAL ASSEMBLY of all the THREE ESTATES of the whole Irish Nation which the Roman Catholicks there held before they were utterly subdued by the Parliament of England In full Answer To and clear DEMONSTRATION of the manifold CALUMNIES INJUSTICE and both Disloyal and Tyrannical USURPATION of the two last of those Publick Instruments given in the former APPENDIX and of the PRELATES and others who sign'd them II. The said GENERAL ASSEMBLIES PVBLICK ACT and DECLARATION at Loghreogh the 7th of December same year 1650. upon receipt of the above LETTER Printed in the Year M. DC LXXIII The Marquess of Ormond Lord Lieutenant of Ireland His Letter to Loghreogh against the Declaration and Excommunication of Jamestown 1650. AFter Our hearty Commendations Many of the Nobility and Gentry being there assembled by our Letters of the 24th of October last We presume two particulars will come under consideration with them The one His Majesties Declaration made in Scotland seeming to annul the Peace concluded in this Kingdom The other a Declaration and Excommunication contrived at Jamestown in August last by divers Bishops there met and published in September following according to their Order as is alledged by the Publishers Concerning the matter of the Declaration and Excommunication being the thing first come to knowledge here We shall set down the manner of their proceeding and examine the grounds of it plainly and truly But We are necessitated to be the more large in the discourse of it for that it will not easily be believed without clear proof that men of their Function professed Piety and supposed Wisdom would publish such high and bitter Things against Us as are contained in their Declaration and Excommunication but upon infallible grounds of Reason and Truth So that if we should say nothing of it or against it We might possibly in the judgment of some there to Posterity and in Forreign Countries stand convinced of the Calumnies thereby cast upon Us though to Us and to many others it be well known their Quarrel is not to Our Person but to the Authority placed in Us and the Profession We are of Both which they confess plainly enough in their Paper given to the Commissioners authorized by Us in pursuance of the Articles of Peace at Galway bearing date the 29th of October last as shall appear when We come to speak of that Paper For the better understanding of the manner of their proceeding in this business it is fit you be informed That upon Our observation and experience of the unhappy influence some of the Bishops and their Instruments with the help of their forgeries and calumnies which they never spare to invent and publish when they would withdraw the Subjects from obedience had gained upon the People but more especially in Corporate Towns and Cities and having had recent and particular experience of the obstinate disobedience of the City of Waterford and the interruption thereby given to the recovery of what Cromwel had gained in his march from Dublin till he came before that City and finding clearly that the entertainment We received there which We refer to the relation of the Lord Dillon Sir Lucas Dillon and Sir Richard Barnewall notwithstanding all our pains taken and hazards undergone to preserve that City proceeded from the labour of some of the Clergy We did by Letters of the 27th of February last past call to Lymerick as many Bishops as were within any convenient distance and there in presence of the Commissioners authorized by Us in pursuance of the Articles of Peace freely told them That without the People might be brought to have a full confidence in Us and yield a perfect obedience to Us and without the City of Lymerick might be persuaded to receive a Garrison and obey Our Orders it was
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-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
all that should feed help or adhere to Us are set down in their Declaration * See before page 65. in the former Appendix of Instruments where you have this Declaration at length both Preamble and Fifteen Articles thereof entirely and consequently without interposition of any other matter After which also you have there pag. 70. the Excommunication before mentioned of the 12th of August intituled A Declaration of the Archbishops Bishops and other Prelates and Dignitaries of the Regular and Secular Clergy of the Kingdom of Ireland against the continuance of His Majesties authority in the Marquess of Ormond Lord Lieutenant of Ireland for the misgovernment of the Subject and the ill conduct of His Majesties Army and the violation of the Articles of Peace at Jamestown in the Convent of the Friers Minors the 12th of August 1650. That in this Title they assume unto themselves a power to declare against the continuance of His Majesties authority where he hath placed it needs no further proof than the reading of it But whence they derive their pretence to this power We find not any where expressed nor by whom they are constituted Judges of the misgovernment of the People the ill conduct of His Majesties Army or of the violation of the Articles of Peace For the misgovernment of the People and ill conduct of His Majesties Army We acknowledge no earthly competent Judge of Us but His Majesty and the established Laws And for the violation of the Articles of Peace by the consent even of all those Bishops unless there be gotten amongst them some that opposed the Peace and joined with those that assisted the English Rebels as long as they could give them hire the trust of looking to the observance of the Articles of Peace was reposed by the General Assembly with whom the Peace was concluded in 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 Dr. Gerald Fennel Esquires as appears by the said Articles Whereby we suppose it is clear That as the Bishops have arrogated to themselves an unwarranted power to declare against the continuance of His Majesties authority where he hath placed it and to be Our Judges in the government of the People and conduct of the Army wherein VVe doubt whether their skill be answerable to their desire to try it so have they as unwarrantably taken upon them to judge what is or is not a violation of the Articles of Peace and in all they have endeavoured to invade and usurp both upon King and People bereaving the one of Royalty and the other of Freedom Now supposing they were the Monarchs they would be let the grounds of their Excommunication set forth in all that VVe have seen be duly examined and it will be found that their sentence is most unjust So that as their Tribunal is usurped their Judgment is erroneous VVe begin with the Preamble of the Declaration in these words Preamble of the Declaration 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 17th Jan. 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 the Second thereby 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 or His Queen or the Prince of Wales in condition to send any supplies 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 by the above Pacification obtained and thereby free 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 â—udge if this be not an undeniable argument of Loyalty The Peace being so concluded the Catholick Confederates came 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 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 Nation Which he began by violating the Peace in many parts thereof as may be clearly evidenced and made good to the world ANSWER Concerning their motives of taking up Arms in the year 1641 We shall say nothing But since they begin so high with their Narrative as the year 1641 it will not be amiss to mind them That betwixt that and the year 1648 there was by Authority from His Majesty and Our Ministration several Cessations and at length a Peace concluded with the Confederate Roman-Catholicks in the year 1646 which Peace was shamefully and perfidiously violated by the instigation and contrivement of most part of these Archbishops Bishops Prelates and others of the Secular and Regular Clergy and that not in slight and strained particulars such as We are now charged with by them but by coming with Two powerful Armies before the City of Dublin upon no provocation from Us unless they esteemed the continuance of a Cessation for about Three years with them and the bringing them a Peace to their own doors such a provocation as deserved their bending their united power against Us leaving other parts that neither had nor would have Peace or Cessation with them unmolested and at liberty to waste their quarters whil'st they devoured Ours and sought Our ruine This as a particular blotting their name and memory with the everlasting infamy of Perfidy Ingratitude and undeniable Disloyalty they have reason to leap over in their Preamble least they should awaken the Curses of those multitudes of People who being seduced into so horrid a violation of Publick Faith by their impious allurements and hellish Excommunications are thereby become desolate Widows helpless Orphans and miserable Exiles from the place of their birth and sustenance True it is That His late Majesty and His now Majesty then Prince of Wales overcoming
their just indignation with a pious compassion of their seduced People commanded Us over to treat and conclude a Peace with the Roman-Catholicks of this Kingdom In obedience whereunto and in humble imitation of Their great example forgetting the ungrateful usage We had met with We undertook the hazard of that Voyage and at length concluded the Peace in this Preamble mentioned We are unwilling to say any thing that might seem to lessen the Loyalty and affection of the Assembly that concluded the Peace nor is it to that end that We shall answer to these men That though His then Majesty was in restraint and His now Majesty and His Royal Mother not in condition to send Supplies and Relief into this Kingdom yet there wanted not apparent motives of advantage to induce the Roman-Catholicks to consent to the Peace which was thankfully acknowledged by a more authentick Representative of the Nation than these Archbishops Bishops c. and even by as many of them as really or from the teeth outward for such we find now there were that consented to it Upon what conditions the Confederate Roman-Catholicks could have agreed with those in this Declaration called the Parliament of England We know not nor do believe they are able to prove their Assertions if they be put to it Though if it should appear it were not to be wondred at That Usurpers and such as make almost as little Conscience of breaking Publick Faith as these Declarers are more liberal in the dispensation of their unlawful acquirings by way of brokeage than a just Monarch whose purpose it is to keep as well as it is in His power only to grant conditions to a People in the state the said Confederates were in Next in their Preamble they say That after the concluding of the Peace the Catholick Confederates came sincerely and chearfully under His Majesties authority in Vs plentifully providing vast Sums of money well nigh half a Million of English pounds By which they seem to insinuate first That all the Roman-Catholicks of Ireland came thus chearfully under His Majesties authority whereas Owen O Neill with his whole Army and divers of the County of Wickloe with others were and continued in Rebellion long after the conclusion of the Peace as is well known to many of the Declarers who were of their Party as also that our first work was to reduce places held by them lying in our way to Dublin as Mariborough Athy c. They mention next after Their providing plentifully vast Sums of money adding also these words viz. near half a Million of English pounds to have it believed We were set forth with such a Sum and all the following provisions of Corn and Ammunition though it is notoriously knovvn That for all the half Million of English pounds the Army We had brought together could not march from about Cloghgrenan till upon Our private credit We had borrovved Eight hundred English pounds of Sir James Preston which is yet owing him and for which We have lately written to you to see him satisfied by means whereof and of a little meal not yet paid for neither as We believe We took in Talbotstown Castle-Talbot and Kildare But there our money and meal failing us and having borrowed about One hundred pounds from Twenty several Officers to give the Souldiers sustenance We were forced to stay on the West-side of the Liffy and thereby lost an opportunity of engaging Jones who with a much less Force than Ours was drawn forth of Dublin as far as Johnstown And in what continual want the Army was from Our setting forth even to the defeat at Rathmines being about Three months is so notoriously known having during all that time been very meanly supplied in money and that in small and inconsiderable Sums as by the Receiver Generals accompts may appear that if We be to be blamed it is for undertaking an Expedition so meanly provided and which We can only answer with the necessity of attempting Dublin and those parts before they should receive Supplies out of England and upon discovery destroy such as were faithful to His Majesty and importuned Us daily to advance For Magazines of Corn Ammunition and materials for War the stores We found so inconsiderably furnished or rather so absolutely unfurnished that till We with the assistance of the Commissioners procured some supply thereof in Waterford Lymerick and Kilkenny it was not possible for Us either to reduce the Fort of Maribourough and Athy held by Owen O Neill's party nor to march as We did towards Dublin And for Ammunition We were forced to bargain with Patrick Archer and other Merchants for a supply thereof engaging the King's Customs and Tenths of Prizes else that want of Ammunition had absolutely hindred Our march nor is the said Archer yet satisfied for his Ammunition The Truth of this is referr'd to the knowledge of many there met who can witness with Us herein and in many other distresses and difficulties We met with for want of money which We cannot call to mind How much of this half Million of Pounds hath come in in money or been disposed of by Warrant from Us We leave to be cleared by the Receiver Generals accompts But We are confident it will not amount to the Tenth part of half a Million of Pounds In the next place they say We have frustrated the Opinion the Nation held of Our Fidelity Gallantry and Abilities and become the Author of losing the whole Kingdom to God King and Nation If the Nation held a greater opinion of Our Gallantry and Ability than there was cause for it We are sorry We came short of their expectation But whatever it pleased God to bestow on Us in those gifts We faithfully employed it in the Cause We undertook and have not at all failed their expectation in point of Fidelity nor are We therein the Author of losing the Kingdom to God King and Nation as these Declarers have Rhetorically expressed themselves How they make good to the World the last assertion of their Preamble viz. That We began the loss of the Kingdom by violating the Articles of Peace is next to be considered First Article of the Declaration 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 Twenty 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 Inchiquyn to Protestants and upon them consumed the substance of the Kingdom who most of them afterwards betrayed or desâ—rted us ANSWER How We have been furnished with the foresaid Sum of about half a Million of Pounds We have told you in Our Answer to the Preamble If they urge Our giving Commissions which they call Patents to Protestant Officers as a breach
of the Articles of Peace and had purposed to have made it good they should have set down the Article violated by it But they have been so used to have credit given to their words upon trust that whether what they say be true or false they are sure it will do their work and that and not Truth is the thing they aim at We confess to have given Commissions to many Protestant Officers and that they and their men were provided for as others of their respective conditions And VVe affirm That for their Fidelity Gallantry and Ability they deserved their Commissions and Pay full as well as any other of their respective conditions And it is not true That they or the most of them or any of them that VVe gave Commissions to did betray any place or person under their Command or ever deserted Us or the Cause VVe undertook True it is That We finding the desire and design of many of the People set on by the Declarers was to starve or otherwise destroy and break the remain of the Protestant Party that came to Us for these and other reasons hereafter to be expressed We permitted them in June or July last to make their conditions with the Enemy and so sent them away But that any one place was betrayed by any of those Protestants cannot be instanced nor that any more than about Three of them whereof one was a Major and the other two Lieutenants ever went away without Our Licence How many of them dyed valiantly doing their duty or that were cruelly put to death by the Enemy there are many amongst you that know Second Article of the Declaration That the Holts and Ports in Munster as Cork Kingsale and Youghal were put into the hands of faithless men of the Lord of Inchiquin's Party that betrayed those places to the Enemy to the utter undoing of the Kings interest in the whole Kingdom This good service they did His Majesty after soaking up the sweet and substance of the Catholick Subjects of Munster where it is remarkable upon making the Peace his Excellency would no way allow the Loyal Catholicks of Cork Youghal and Kingsale and other Garrisons to return to their own homes or houses ANSWER It is very well known That We put not the Holts or Ports in Munster into the hands of any but left them in the hands We found them as We had good reason to do those persons without capitulation having received Us as His Majesties Lieutenant And if any of them have betrayed those places as We conceive the Governours of Cork Kingsale and Youghal did not but were by others betrayed We are not reasonably chargeable with their Treachery and We believe they soaked as much of the sweet and substance of Munster and were as chargeable to that Province before as after the Peace Nor is it strange if they would not agree to a Peace that must have let in those that had been of a contrary Party to be Masters of the Holts they had before the Peace upon any occasion of their drawing forth till a full settlement of Parliament till when the Confederate Roman-Catholicks were to hold the Towns possessed by them But provision was made Articles of Peace in the 17th article See it before in the Appen of Instrum pag. 53. That such as were not admitted to re-inhabit the Towns for We understand divers were were to have the full benefit of their Houses and Estates in the said Towns or Garrisons So that what is remarkable in that in making the Peace We would not allow the return of those of Cork Youghal and Kingsale to their Houses We see not more than that as without they were debarred from it for a time neither the Army under the command of the Lord Inchiquin nor the then Inhabitants of the Towns would be drawn to submit to the Peace so as the Assembly being convinced thereof and of the great danger it might bring upon the Kingdom to have them oppose the Peace consented to the Article as it is expressed in the Book of the Articles of Peace But that which these Declarers would indeed have marked and collected out of their dark Note is That by this means these Towns were perhaps purposely given up by Us to the Rebels For as they have infected the People they know them so ready to make the worst construction of all events that they need not speak plainly to them Third Article of the Declaration Catholick Commanders instanced by the Commissioners of Trust according to the Pacification and thereupon by his Excellencies Commission receiving their Commands in the Army as Colonel Patrick Purcell Major General of the Army Colonel Piers fitz Gerald alias Mac 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 Neale Esq a Protestant and that of Commissary of the Horse to Sir William Vaughan Knight and after the said Sir William to Sir Thomas Armstrong Knight both Protestants ANSWER To this VVe have fully answered in Our Answer to the second Article of the pretended Grievances except the particular of Mr. Daniel O Neale who was not named in the said Article For your clearer satisfaction VVe have caused the said Article and Our Answer to be Transcribed as followeth Article viz. The second of those called the Grievances They say That notwithstanding it was by the said Articles * Articles of Peace See the 9th of them before in the Apoendix of Instrum pag. 49. provided That places of Command Honour Profit and Trust in His Majesties Army in this Kingdom should upon perfection of the Articles actually and by particular instances be conferred on the Roman-Catholick Subjects of this Kingdom and that for the future no difference should be made between the said Roman-Catholicks and other His Majesties Subjects in distribution of such places but that it would be indifferently and that the command of Forts Castles Garrisons Towns and other places of importance in this Kingdom should be upon perfection of the Articles by instances conferred on His Majesties Roman-Catholick Subjects in this Kingdom and that 15000 Foot and 2500 Horse of the Roman-Catholicks of this Kingdom should be of the standing Army of this Kingdom yet contrary thereunto were persons by instances vested in places of command in the Army upon perfection of the Articles soon after removed and others placed in their stead (a) As in the cases of Major General Purcell and Commissary Peirs fitz Gerald. That Commanders of Forts instanced upon Catholicks upon perfection of the Peace were soon after transferred to Protestants (b) As in the case of Capt. Thomas Roch in the Fort of Duncannon That His Majesties whole Army in this Kingdom did not consist of so much as was promised to the said Catholicks for their security And that of the number whereof His Majesties Army did
Play Drinking and Pleasure than a well ordered Camp of Souldiers Drogheda unrelieved was lost by storm with much bloodshed and the loss of the flower of Leinster VVexford lost much by the unskilfulness of a Governour of a young man vain and unadvised Rosse given up and that by his Excellencies order without any dispute by Colonel Luke Taaffe having within near upon 2500 Souldiers desirous to fight After that the Enemy made a Bridge over the River of Rosse a wonder to all men but understood by no man without any lett or interruption our Army lying within 7 or 8 miles to the place where Two hundred Musqueteers at Rosse Bercken being timely ordered had interrupted this stupendious Bridge and made the Enemy weary of the Town Carrick being betrayed by the Protestant Ward there our Army afterwards appearing before the place the Souldiers were commanded to fight against Walls and armed Men without Guns Ladders Petards Shovels Spades Pick-axes or other necessary materials being killed upon the place 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 Callan Fethard Cashell and other Corporations within the Province of Leinster and Munster and the Countrey about rendred Tributary Then followed the taking of Leighlin and Kilkenny then that of Clonmel where the Enemy met with gallantry loss and resistance Lastly Tecroghan and Catherlagh two great Pillars of Leinster shaken down that of Tecroghan to speak nothing for the present of other places was given up by orders VVaterford blocked is in a sad condition Duncannon the Key of the Kingdom unrelieved since the first of December is like to be given up and lost ANSWER For the improvidence of the conduct of the Army VVe shall only answer That it was as provident as VVe had means and skill to conduct it And for the misfortune VVe ascribe that to the good pleasure and justice of God But how far forth the disaster at Rathmines was shameful beyond any thing that ever hapned in the Christianity as they express themselves VVe refer you to the relation of what VVe have said upon that Subject in Our Answer thereunto in what concerns the same in the pretended Grievances and to the testimony of divers now there that were upon the place with Us. The Article of those Grievances and Our Answer are as followeth Article viz. the ...... of the pretended Grievances That the defeat of Rathmines given by the Rebels to His Majesties Army being far more numerous than the Rebels is by the People generally ascribed to the faithlessness ignorance and Cowardize of some of tht Officers of His Majesties said Army and that the People are the rather induced to believe the same sithence no search or inquiry was made by Court or Council of War of the deport of the said Officers of His Majesties said Army in their respective duties at Rathmines aforesaid Answer viz. To this Article of the said Grievances Concerning the defeat at Rathmines It is with that as with all misfortunes of that nature in VVar every man at his pleasure making himself Judge of the causes of them and many times without looking into or having knowledge of the true condition of the beaten Party deliver their judgments upon mistaken grounds and for the most part are guided by their passions either of Envy or Self-conceit of their own abilities to judge superciliously or maliciously of those actions whereunto they are willing strangers And this being a disadvantage whereunto all Commanders have been and ever will be subject VVe have no reason to expect an exemption from it and might therefore pass by this Grievance reserving Our Self for an accompt of Our actions till it were required from Us by him to whom only in this case VVe are obliged to render one But such is Our desire to satisfie those that are faithful to the Cause VVe have laboured in and may have been stumbled at that chance of VVar that VVe shall give them the reason and grounds of Our undertaking and of the supposed omission recited in what remains of these Grievances And first it is necessary it should be understood That a little before the time of that defeat the condition of affairs in this Kingdom stood thus The Province of Leinster Munster and Connaught were entirely reduced to His Majesties obedience except the City of Dublin and Ballysonnan which was block't up with a small number of Our men But in Vlster the Rebels there by the assistance of Owen O Neil and the interruption given to the Lord Viscount Mountgomery by the Scottish Clergy had raised the Siege of Londonderry and were become Masters of the Field About the same time also VVe had certain intelligence That Cromwel with a very strong Army a vast Sum of money and great plenty of all Provisions was ready shipt for this Kingdom And it was from good hands intimated unto Us That he purposed his descent in Munster and that he had there intelligence with some Governour of the Sea-Ports there Hereupon it was taken into consideration at a Council of VVar whether the blocking up of Dublin should be continued or whether VVe should not retire from thence to Drogheda Trym and the Garrisons adjacent and prepare Our Self for securing of Munster and making a defensive or offensive VVar as occasion should afterwards be offered And of this opinion VVe were the rather that it was there also concluded That the Lord President of Munster with a good Party of Our best Horse should go into Munster to secure it and that the very day VVe rose from Finglasse and marched to Rathmines Reynolds landed with 600 Horse and 1500 Foot Hereunto it was strongly objected That if VVe sent away Our heavy Cannon which VVe proposed should be done the more to facilitate an orderly Retreat the People would despair of the taking of Dublin That they would accompt all that was done as good as nothing unless that City were reduced That they would not consider that the City was to be reduced by distressing it by blocking up which might have securely been done the way VVe proposed but taking the matter to be given over and consequently despairing of the ease they expected by the total reduction of the Kingdom would grow more and more backward in their contribution and perhaps be seduced to a conjunction with Owen O Neil and a rejection of the Peace and His Majesties authority thereby established over them which even then We found was though underhand privately and under other pretences aimed at by some that since have taken advantage of the time to declare themselves without disguise It was also objected That unless Dublin were reduced before Cromwels landing with the Force and Treasure We were sure he had in readiness at the Water-side that
Kingdom Lastly That a present course be taken for means for Our support in proportion answerable to Our place yet with regard to the state of the Kingdom VVhich last VVe should not propose but that We are deprived of Our private Fortune whereupon We have solely subsisted ever since We came to the Kingdom To all which We expect your present Answer And so We bid you heartily farewell and remain at Enis the 23d of October 1650. Your very loving Friend ORMOND What more could in this case be offered by Us or upon what more necessary conditions We know not And that this Our offer was satisfactory to the said Commissioners appears by their Letter to Us in these words May it please Your Excellency YOur Lordships of the 23d of this instant we have received and therein to our unexpressible grief we find that His Majesty hath been induced to declare the Peace concluded in this Kingdom in the year 1648 to be void and that he is absolved therefrom taking for the principal grounds for such his Declaration the unlawfulness of the Act. And howbeit we cannot without a very feeling sense of the grief the Nation with just cause may entertain of the prejudice thereby brought upon them and the blemish cast upon those hearty endeavours of theirs to restore His Majesty to His former estate and power over His Subjects look upon those unexpected fruits of their blood and substance so chearfully spent in his service yet it greatly comforts us to understand that notwithstanding that Declaration by some undue means obtained from His Majesty Your Excellency is resolved by all the means that it shall please God to offer unto You and thorough all hazards in the behalf of this Nation to insist upon and assert that Peace and persist in so doing until Your Excellency and such as shall be entrusted and authorized by the Nation shall have free and safe access unto His Majesty And as to those Provisoes which are expressed as necessary conditions whereby His Majesties Authority which notwithstanding that Declaration we still do embrace and revere may be continued among us besides our general profession to act what lies in our power in the wayes of His Majesties service and to Your Excellencies satisfaction we do return the ensuing Answers And To the first Proviso concerning the revocation of those Acts Declaration and Excommunication issued by the Bishops met at Jamestown and the assurance demanded that nothing in that kind shall be attempted for the future we do humbly answer That Your Excellency to whom we have often expressed our resentment of such their proceedings may be confident we shall labour so far as in us lies to see Your Excellency satisfied in this particular and to that end we will all or some of us with Your Excellencies allowance and as You shall think fit repair to Galway to Treat with the Prelates upon this Subject To the second we humbly return as Answer That albeit we know that by those Censures of the Bishops met at Jamestown His Majesties Authority was invaded and an unwarranted Government set up contrary to the Laws of the Kingdom and that we are assured no Subject could be justly warranted by that Excommunication to deny obedience to His Majesties Authority in Your Excellency yet being of opinion that a publick Declaration of this kind in this conjuncture of affairs ought properly and would with more countenance and authority move from an Assembly than from us and that by such a publick Declaration now from us we would wholly obstruct the way to prevail with the Prelates to withdraw those Censures or act what is desired by the former Proviso and likewise endanger what union there is at present in opposing the Common Enemy and prejudice the hopes of a more perfect union for the future wherein the preservation of the Nation doth principally consist we do therefore humbly beseech Your Excellency to call upon an Assembly of the Nation from whom such a Declaration as may be effectual in this behalf and may settle those distractions can only proceed Yet if in the mean time and before the meeting of that Assembly those Censures now suspended shall be revived we will endeavour to suppress their influence upon the People by such a Declaration as shall become Loyal Subjects and men entrusted to see all due obedience paid to His Majesties Government over this Kingdom To the third we do humbly return as Answer That we shall at all times and in such manner as Your Excellency shall think fit to prescribe invite all or any His Majesties Roman-Catholick Subjects to such a Declaration which yet until we shall understand the Clergies sense upon the first Proviso we do humbly represent as fit for a time to be forborn To the fourth we humbly return as Answer That whatsoever Your Excellency shall find to be properly within our power and will direct to be done for procuring a free residence for Your person in any place you shall choose within the limits not possessed by the Rebels we shall readily obey Your Lordships Commands therein To the fifth we humbly return as Answer That upon debate with Your Excellency of the places fit to be Garrisoned and the number of men fit to be received thereunto we shall according to the Articles of Peace use our utmost endeavours to have such Garrison so agreed upon admitted To the last we humbly return as Answer That as we have at all times heretofore been ready and willing Your Excellencies charge should be supported out of the Revenue of the Kingdom so we are now very ready to concur in assigning any of the dues already accrued or such as shall grow due hereafter or to impose a new applotment upon the Subject towards Your Excellencies maintenance Thus humbly taking leave we remain Inis 24 Octob. 1650. Your EXCELLENCIES Most humble Servants N Plunket Ri Barnewall Ri Everard Gerald Fennell Arthunry Lucas Dillon Ric Bellings Geff Browne In pursuance of their desire expressed in the now recited Letter We gave way to their Treating with the Prelates at Galway Accordingly they went thither and proposed to the said Prelates the Revocation of their Declaration upon the motives expressed in these ensuing heads Proposals of the Commissioners of Trust made to the Committee of the Congregation the 29th of October 1650. and the Answers of the Committee I. FIrst They offered to our consideration part of a Letter of the Lord Lieutenant to them written at Enis the 23d of October last II. They shewed us the King 's Declaration made touching the Covenant and the disavowing the Peace and pursuant to that acquainted us with the condition of the Kingdom as in relation to the Kings party engaged to the Covenant and in relation to the Independents so as the onely seeming safety for the Nation is that of the Peace III. They desired to know from us what way we conceived remaineth that may tend best to the preservation of the Nation