to concurr unto and obey Hereupon presently without further debate for none at all scrâ—â—◠〈◊〉 the catholickness or lawfulness such scruples having been sufficiently 〈◊〉 before clear'd amongst all persons of reason and conscience as many as were at that meeting and had not subscribed at London put their hands to a clean copy of that which was before signed by the Nobility and Gentry at London and others that could not be present then subscribed in their Chambers Both these and those in all were eight Lords and twenty three Esquires Collonels and Gentlemen The Earl of Clanrickard The Earl of Castle haven The Lord of Gormanstown The Lord of Slane The Lord of Athenry The Lord of Brittas The Lord of Galmâ—y Henry Barnawel now Lord of Kingsland Sir Andrew Aylmer Sir Thomas Esmond Sir Richard Barnawel Philip fitz Gerrald Nicholas Darcy Francis Barnawal Sir Henry O Neale Nicholas White George Barnawal Richard Beling W. Talbot Iohn Walsh Michael Dormer Iohn Bellew of Wellistown Patrick Netervil Robert Netervil Charles White Coll. Walter Butler Coll. Thomas Bagnel Gerrald fitz Symons Robert Devoreux Coll. Iames Walsh Edmond Walsh Gerrald Fennel And being joyned to the London Subscribers of the Irish Nobility and Gentry they make in aâ— one hundred and twenty one whereof one and twenty Earls Viscounts and Barons XLIV But these Noblemen not thinking they had by their own only subscriptions done enough in this matter unles they had invited the rest of the Peers and Gentry of their communion where-ever in the Countrey abroad throughout Ireland to the like loyal concurrence framed the ensuing Letter and signed two and thirty copies of it one for every County in the Kingdom to get all the hands of the rest of the Catholick Noblemen and Gentlemen where-ever to the said Remonstrance Sirs THe desires we have to serve our King Countrey and Religion in all just ways gives you the trouble of this Letter Which is to let you know That after serious deliberation finding our selves and together with us all others of the Roman Catholick Nobility and Gentry of this Kingdom as well as the Clergy of it obliged by all the rules of Reason and tyes of Conscience in the present conjuncture especially to concurr even by subscription to the late Remonstrance and Protestation presented Last Summer to his Majesty by such of our Irish Roman Catholick Noblemen and Gentlemen as were then at London and subscribed it there and received so graciously by Him We have therefore this last week given a beginning here at Dublin to that concurrence by our own manual Subscriptions also to the same Remonstrance prefixing to it a Petition to His Grace the Duke of Ormonde Lord Lieutenant for â—iâ—veighâ—ng our said Concurrence and representing it to His Majesty That reflecting on the unsignificancy of a few hands or subscriptions for attaining those great and good ends â—e drive at by this loyal and Religious Declaration we thought it concerned as further to invite by special Letters all the rest of the Nobility and Gentry of our Communion in the several Provinces and Counties of this Kingdom to the like Subscriptions to be transmitted to us hither without delay Whereunto we have found our selves the rather bound that we certainly know it is expected from us all by his Majesty and by the Lord Lieutenant and that his Grace doth wonder why the example of the first Subscribers at London hath not been here at home more readily and frequently followed hitherto by the rest who are no less concerned And that we know moreover that by the neglect or delay this twelve months past of a more general Concurrence to a duty so expedient and necessary we have let pass already fair opportunities to reap very many advantages by it That we hope the same prudential Christian Catholick and obvious reasons which perswaded us and such others as before us did give the first example from London will prevail with you no less Being they import as much as the clearing of our holy Religion from the scandal of the most unholy tenets or positions that can be taught written or practised the assuring his Majesty evermore of our loyal thoughts hearts and hands for Him in all contingencies whatsoever and the opening a door to our own liberty and ease hereafter from the rigorous laws and penalties under which our selves and our Predecessors before us in this Kingdom of Ireland as other our fellow Subjects of the Roman Communion in England and Scotland have sadly groaned these last hundred years That as we believe you will not think we would for even these very same ends how great and good soever nor for any other imaginable swerve in the least title from the true pure unfeigned profession of the Roman Catholick Faith nor from the reverence or obedience due unto his Holiness the Bishop of Rome or the Catholick Church in general so we believe also you will rest satisfied with the plain evidence of the very words genuine sense total contexture and final scope of this Protestation and of every entire clause thereof that nothing therein no part nor the whole of it denies 〈◊〉 indeed at all reflects on the spiritual jurisdiction authority or power of either Pope or Church or any power whatsoever which we you or any other Catholicks in the world are bound by any law divine or humane or by the maximes of our known and common Faith or by the condition of our Communion to assert own or acknowledge the whole tenour of it asserting only the supream temporal power in the Prince to be independent from any but God alone and the subjection and allegiance or the fidelity and obedience either active or passive due to Him in temporal affairs to be indispensable by any power on earth either temporal or spiritual That finally we do upon consideration of all the premisses and what else your own reasons may deduce thence and give further as additional arguments very earnestly desire and pray your unanimous cheerfull and speedy subscriptions to the said Remonstrance and Protestation which we have sent along with this Letter and by the hands of whom we have likewise prayed to call such of you together as he may conveniently or go about to your several dwellings for that end And if any chance to refuse the signing of it which we hope none will to bring us a true list and exact account of such together with the signatures of the rest that the multitude may not lye under prejudices for the failing of some Which being all we have to trouble you with at present commending you to God we bid you heartily farewell Dublin this 4th of March 1662. Your very loving friends and humble Servants Castlehaven Audley Clancartie Carlingford Mountgaret Bryttas Clanrickarde Fingall Tirconnell Galmoye Slane XLV And questionless if these copies had been sent then as was design'd there had been all the hands of the Nobility and Gentry in the Kingdome to the Remonstrance before
day of the Congregation the Fathers being assembled to hear from their Commissioners Kilfinuragh and Ardagh an account of their last Address on Saturday night to the Lord Lieutenant the Procurator gives them His Grace's positive Commands to dissolve that morning Ardagh on the other side endeavours to make them believe I know not what and misrepresents His Grace's words He is by the Procurator immediately and publickly to his face opposed in his relation 704. That matter being over the Primat seconded by Father Oliver Deesse Vicar-General of Meath and others stands up and in behalf of the House offers the second time to the Procurator Two thousand pounds sterl to bear his Charges for the next three years to come And when the Procurator had on such account refused to receive any money from them the Primat with the rest desires him to receive the said Sum at least for his re-imbursement of what he had already expended in their service the five years past He offers besides all kind of commendatory Letters from the Congregation to the Court of Rome in behalf of the said Procurator All which the Procurator thanking them first refuses and why 705. Three several matters of importance moved then by the Procurator to the Congregation 706. On the First viz. concerning not only Publick Prayers for both the Spiritual and Temporal prosperity of the King but moreover a due observance amongst them and their respective Flocks the Roman-Catholick People of the Publick dayes of Humiliation or Fasts and Prayers which the King or His subordinate chief Governours of Ireland should thenceforth command all His Subjects to observe the Procurator discourses at large 706 707 708 709. On the Second viz. concerning the famed wonder-working Priest Father James Fienachty he discourses far more largely in the Account given by him then of the said Father Fienachty to the Congregation 710. and from thence to 735. On the third viz. concerning two Books written by two Irish Churchmen the one a Jesuit the other a Cappuccin against the Rights of the Crown of England in or to Ireland he discourses 736. and from thence to 742. What the Fathers determined on the first of those three matters 709. What on the second 739. What on the third and last of them 741. The Secretary of the Congregation his Letter to the Procurator from Rosse of the 7th of July viz. a Fortnight after the Congregation had been dissolved 742. The Congregation dissolved ib. Lord Lieutenant's Declaration of the experience he had for twenty years of the Roman-Catholick Irish Prelates made to Ronan Magin Vicar-General of Dromore and to the Procurator the very same morning the Congregation dissolved 743. His Grace commands the Procurator to tell the Bishops of Ardagh and Kilfinuragh He would speak to them before they departed the Town and why 744. Kilfinuragh removes his Lodging flies out of Town and privily out of the whole Kingdom though he might have stayed without any hazard there having been no harm intended to him 744 747 748. The Lord Lieutenant understanding that Kilfinuragh could not be found sent William Sommers to leave an Order at the Lodgings both of the Primat and Ardagh in case he could meet neither at home enjoining them not to part out of Town without His Grace's leave 744. Within a few dayes more He sends the Procurator to tell the Primat of some dangerous Intelligence come against him from beyond Sea Soon after the said Primat is put under a Guard but within a very little time more according to his own election sent safely away through England from Dover to Callice in France 746. Ardagh freed from all Confinement ib. Both he and all the rest of the Members of the Congregation even after 't was ended and however they carried themselves in it were free to depart whithersoever they pleased and live where they would in Ireland onely the Primat excepted and he also excepted onely because of the positive information come against him out of Spain from the English Ambassador there Pag. 747 749. The Procurator's judgment of the said National Congregation leading Members thereof and of their several interests and ends 749 750 751. How presently after that National Congregation had dissolved the Doctrine of Allegiance in those Fifteen several Propositions or Paragraphs which you find in this Book immediately after the end of the Fourth Treatise pag. 80 81 82 83. was debated for a Month by a number of Divines convening daily at Dublin and in the same place where the foresaid National Congregation sate 752 753 754 755. The Names of the Divines that debated so the said Fourteen Propositions 755. Animadversions on and Answers to two passages of a late Letter viz. of the 6th of Octob. 1669. from the Bishop of Ferns at Gaunt to the Procurator at London The former passage this Father Peter Walsh is said to have used fraud and force in the Congregation of the Clergy at Dublin anno 1666 and that he kept an Anti-Congregation of his own Faction I saw a Relation sent over of that I saw also severe Lines of a great Cardinal to that purpose The latter this viz. It was ill taken by all That after Cardinal Franciscus Barberinus 's Letter in His Holinesse's Name to the Clergy he viz. Father Peter Walsh no way lowr'd his Sail but remained obstinate and insolent I likewise saw a great mans Letter I mean a Roman termed him and Caron Apostates 756 757 758 759 760 761. The Death-bed Declaration of the said Reverend Learned and Pious Father Redmund Caron ib. Another likewise but of the Right Reverend Father in God that excellent man Judicious Prelate and Loyal Subject Thomas Desse Lord Bishop of Meath who dyed at Galway in the year 1651. 670. A Paper of Animadversions on the insignificant Remonstrance of the foresaid National Congregation written by the Right Honourable the Earl of Anglesey now Lord Privy Seal and by himself given to the Lord Lieutenant 762. The Lord Lieutenant's commands on that occasion to the Procurator These and some remembrances also of other matters relating to the said Earl of Anglesey i. e. of some kind indulgent words upon a certain occasion spoken by his Lordship of the former and Loyal even Ecclesiastical Remonstrators and of his further intentions relating to them declared to His Grace the Duke of ORMOND then Lord Lieutenant were at least one moyety of the most immediate inducements the Author i. e. the said Procurator had to write this Book 763 764 c. In the Second Treatise Which contains Exceptions against the Remonstrance of the National Congregation c. THE National Irish Congregation varied in their Remonstrance of the year 1666 not only as to single words but as to entire clauses and their sense in the most material parts from the former Protestation subscribed by those others of the Irish Clergy and of the Nobility also and Gentry at London in the year 1661 S. V. And varied so of set purpose
as well with His Grace as with His Majestie and His Majesties other great Ministers and for the rest of the Catholick people of Ireland that ease and connivence he could for what concerned the exercise of their Religion Nor onely that but as occasion offered by writing and printing and exhibiting to His Majestie Lord Lieutenant of Ireland Lord Chancellour of England and other great Ministers of State several papers and books in Print and otherwise of his own labours to move the performance of the Peace of 48. to the Catholicks of Ireland and to mind His Majestie of his justice to Innocents and of His mercy to Nocents But in the first place laboured opportunely and importunely till he prevailed at last to get all the great number of Priests released which had been in several places and Provinces of Ireland in restraint about six-score of them and a great many for several years before His Majesties happy Restauration Wherein he was so impartial to all that although he was offered several times the release of such of those Priests as he would pass his word for that they had been honest all along in the Royal cause during the late difference betwixt the Confederats of Ireland yet he modestly and patiently declined that savour and let those his own special friends suffer with the rest until His Majesties Gracious condescension and my Lord Lieutenants goodness looked indifferently upon them all with an eye of compassion and mercy upon hopes given His Majesty that they would all prove faithful Subjects evermore II. The year 60. and 61. being passed over till the winter came and the hopes of Roman Catholicks for what was moved in their behalf in the House of Lords at Westminster concerning the repeal of laws against them at least and in the first place of those are called Sanguinary being blasted in the bud and the example of the late Irish Rebellion and breach of both peaces in 46. and 48. by some or many of those of that Religion and Nation having besides other arguments and intrigues being made use of against such as moved for such repeal and the Parliament of England being adjourned or prorogued and that of Ireland then under the Lords Justices the Chancellour the Earls of Orrery and Montrath sitting and a great plott amongst the Irish Catholicks so falsly imposed upon them grounded on the no less false and vain pretence of a letter sent by one Priest to an other but contrived onely by a perfidious fanatick impostour as appeared soon after and that Parliament of Ireland however and Lords Justices upon this ground proceeding with strange and new severity against both Clergie and Layety of that Religion and some few of the Catholick Gentry and Clergie consulting together at Dublin of a remedy Sir Richard Barnewal Richard Beling Esq Thomas Tyrrel Esq Oliver Dese Vicar general of Meath Father James Fitz Simons Guardian of the Franciscans at Dublin and others it was resolved upon at last to Remonstrate their condition to His Majestie and Petition his just and merciful regard of them that suffered so unjustly Which accordingly the said Mr. Beling drew in the name of the Catholick Clergie of Ireland Because the design was chiefly imposed on them and upon their account the Layety suffered But forasmuch as he considered that a bare Remonstrance of their sufferings or a bare Petition of redress could not much avail a people that lately had acted as they had done in obedience to the Nuncio both he and the rest of those gentlemen with whom he consulted found it necessary by a Solemn Declaration of their principles in point of obedience in temporal things to obstruct the grand objection of The inconsistency of Catholick Religion and of a tolleration of it with the safety of a Protestant Prince or State Which was the reason that one of those Gentlemen remembring they had lately seen a printed Declaration of the Catholicks of England in their name exhibited in a long Petition to the Parliament at Westminster a little before or in the beginning of the commotions of those Kingdoms about the year 1640. and lighting on the book after diligent search wherein they had read it which is that of Father Cressy an English man and a Benedictine Monke sometime before Protestant Dean of Leighlin in Ireland entituled his Exomologesis or the motives of his conversion to the Catholick Church and having brought it to Mr. Beling he judging it very proper for the present matter and purpose of the Catholicks and Clergy of Ireland and much pleased to have such a precedent as that of men so learned and wary as the Catholicks of England for a business or Declaration of that kind extracted it word by word out of the said book pag 76. 77. and 78. Paris impression without any other change but of the Application to the King instead of the Parliament and of Ireland instead of England and inserted it in that Remonstrance which he then drew for his own Countrymen Which although it hath been often already and in several pieces of mine published in Print yet forasmuch as it was that which occasioned this general Congregation at Dublin of the said Irish Clergie in 66. five years after it was in their names exhibited to His Majestie at London and because peradventure many would consider the tenour of it when they come to read this present Treatise and other Treatises following to free them of a trouble to looke after those other pieces wherein it is I have thought fit to give them it here again to their hand To the KINGS most Excellent Majesty The humble Remonstrance Acknowledgement Protestation and Petition of the Roman Catholick Clergy of Ireland YOur Majesties faithful Subjects the Roman Catholick Clergy of your Majesties Kingdom of Ireland do most humbly Represent this their present state and deplorable Condition That being intrusted by the undispensable Commission of the King of Kings with the cure of Souls and the care of their Flocks in order to the Administration of Sacraments and Teaching the People that perfect obedience which for Conscience sake they are bound to pay to your Majesties Commands they are loaden with Calumnies and persecuted with Severity That being obliged by the Allegiance they owe and ought to swear unto your Majesty To reveal all conspiracies and practices against your Person and Royal Authority that come to their knowledge they are themselves clamour'd against as Conspirators plotting the destruction of the English among them without any ground that may give the least colour to so foul a crime to pass for probable in the judgment of any indifferent person That their Crimes are as numerous and divers as are the Inventions of their Adversaries and because they cannot with freedom appear to justifie their Innocency all the fictions and allegations against them are received as undoubted verities and which is yet more mischievous the Laity upon whose Consciences the character of Priesthood gives them an influence suffer
compassing as yet any of his designs XXIII Likewise about the same time the R. R. Father in God Iohn Burk the Catholick Archbishop of Tuam very aged infirm and sickly and looked upon as not able to live one year longer came unexpectedly from St. Maloes and in my Lord Lieutenants absence arrived at Dublin privatly accompanied with father Thomas Quin the Jesuit and another of that Society in whose power and under whose directions this aged venerable Prelate wholy was The Procurator having done his first respects of visit to his Lordship desired to know his cause of venturing so confidently without acqainting first and having by some way addressed himself to my Lord Lieutenant and understood of some connivence for his return Minded him of the carriage and proceedings all along of the Clergy and especially of the Bishops of Waterford and Iames-stown That although his Lordship carried himself fairly and loyally in opposing the Nuncio even to his face at Galway and forced open the Church there which the Nuncio would have to observe his Interdict other Censures that he had sided all along with the Cessation supream Council at Kilkenny in that business and further too in concluding the second Peace yet he could not forget how he sullied all his former glory by his after unfortunate sitting and concurring at Iames-stown with other Bishops to those disloyal Declarations made there That he had not since by any publick or private application to His Majesty or Lord Lieutenant or by submission and repentance declared to either washed of the stain of that scandalous horrid transgression nor given any assurance of his more loyal carriage hereafter That yet both were of absolute necessity from a Prelate of highest rank such too as for example and for the satisfaction of God and men should be publick That he should therefore petition for himself and by his example induce the rest of the Irish Clergy to do the like and most humbly beg pardon for the time past and for the future sign that Remonstrance whereof to that end he had in France from London a sufficient account All which and much more to this purpose the Procurator humbly and earnestly minded him of even sometime in the presence of the above Father William Burgat Vicar General of Imly The good Archbishop heard him all out both attentively and patiently enough without sign of displeasure but return'd no other answer then That he was now so broken with age and many diseases of body that his mind also or understanding was no more of any kind of strength or capable to discern what he was to do in that or other things That he was for the matter dead already That he ventured this journey from France by Sea all along for otherwise he could not of purpose only to die and lye down at rest in his grave native soil That he would not have been to bold as to land at Dublin but that he supposed my Lord Lieutenant away thence in the Countrey at that time as it happened and that he might be carried away privatly to his own Province of Connaght without any further noise of his arrival or knowledge thereof given to my Lord Lieutenant And that being his Grace the Lord Lieutenant was now returned to Town he desired the Procurator should most humbly present his most submissive respects and make that true Apology for him of the design of his coming and desire of being connived at for so short a time as he had to drag a miserable life and end it by a death more welcome which he daily expected But the Procurator saw well enough that how infirm soever this good Archbishop was in body yet he had still sufficient apprehension and this excuse proceeded from the Fathers by whom he was led of late in all things perswading themselves his behaving himself so would give both countenance and authority enough amongst Catholicks not to themselves alone but to all others of the Clergy in denying or opposing a subscription which he had so declined That his name or extraction and his known affection sometimes formerly to the King and English Interest we 〈…〉 himself sufficiently of entertaining other scruples in that matter then those of religion and reverence to the See Apostolick And his quality of Archbishop and the only then of that Nation and Religion at home and the only moreover known to have formerly declared against the Nuncio would be a strong confirmation thereof at least might be a very probable excuse for all others of inferior degree until he had declared himself on the point All which and the use thereof notwithstanding the Procurator did well enough perceive and foresee yet he could not help having done his own duty But however advised this good Archbishop to retire as he did immediatly in a litter to Connaght where he remains ever since guided still by the same Fathers as wholly in their power The sequel whereof shall be seen hereafter in its proper place or second Part of this Narrative XXIV The Procurator therefore and by several other arguments seeing now certainly where the first obstruction to a further progress lay which should be removed and seeing that albeit the Fathers of the Society were but a very few in Ireland and most of them in or near Dublin yet their correspondency both at home and abroad especially at Rome was look't upon by most of the Pretendents in or Dependents of that Court and their own confidence withall in themselves was great partly because they had so dexterously behaved themselves in the Nuncio's quarrel that as they were perswaded much could not be objected to them on that account and partly for other causes and for that in particular of their extraction generally as for that also of some powerful Relations of some of them and albeit he saw well enough at the same time what influence the example of the Dublin Clergy in general both Parish-priests and Religious Orders of which Orders there he had only yet won the Franciscans and two of the Dominicans but none at all of the Augustinians Carmelits Cappuccins or Jesuits no more then he had none of the Parish-priests who were four or five and together with the said Regulars made fifty Priests or there abouts in that City albeit I say the Procurator saw well enough what influence the example of the Dublin Clergy in general would have upon the rest abroad in other parts of the Kingdom and that it would be to no great purpose but altogether vain to expect a concurrence from these if those had refused even there where the Lord Lieutenant and Council and Parliament sate and where notwithstanding the Dissenters had as much favour or freedom tolleration or connivence or whatever else you call it as the Subscribers and that on the other side the Dissenters had the advantage of the Subscribers at Rome and with the Generals of Orders beyond Seas of whose special favour
Green and Preston and last of all the most laborious and learned Latin Work In fol. of Father â—edmond Caron entituled Remonstrantia â—â—bernorum which is to be had in Dublin at Mr. Dancer the Booksellers in Castlestreet and which alone may serve for all the rest And then a Gods name such of them as pretend scruple in point of conscience if any of them do yet for I am perswaded certainly it is no more but a bare pretence and I know there are scarce any that alledge even such pretence or any thing at all of conscientiousness in the matter but meer temporal considerations let them determine as conscience not as worldly and mistaken interests shall direct them XXXVI Now to return whence I have so long digressed Soon after â—â—e said papers received and the former answered in writing as you have seen and the latter by word of mouth as you find here upon several occasions the Procurator being somewhat earnest with Father Shelton the then Superiour of the Society for his final resolution because some others of that very Society desired him to be so earnest alledging their own delayes was that only of knowing his resolution pro or con and promising they would themselves even in case of his denyal subscribe nevertheless immediatly Father Shelton having first convoked to Dublin from several parts such as he thought fit to consult with came at last to the Procurators Chamber and without further debate about the merits of the cause told him briefly and positively they would not subscribe that Form nor any other determining the main Question that is any disowning a power in the Pope to depose the King or absolve his Subjects from their allegiance in temporal affairs because said he this was a matter of right controverted 'twixt two great Princes Yet they would frame one of their own and such as became them to subscribe Upon which he departed But the Gentleman that accompanied him one of his own Society Father Iohn Talbot who had often before treated of the same matter and promised his own concurrence with several others of his Order whatever the Superiour did told the Procurator in his ear as they were parting that Father Shelton had not rightly delivered the result of the rest But nevertheless being soon after demanded the performance of his own former and free promise excused himself also until he had seen or known it was expected by my Lord Lieutenant himself that they should subscribe of that their subscription was required or desired by his Grace and not by the Procurator only Wherein desiring further to be satisfied the said Superiour Father Shelton and with him two more of the Society Father Thomas Quin and Father Iohn Talbot being called upon waited on his Grace having first sent to the Procurator their own Form or that which they would subscribe even this you have here The Jesuits first Remonstrance Declaration or Protestation of Allegiance AS we do acknowledge King Charles the Second to be our true and lawful King and rightful Soveraign of Ireland and all His Majesties Dominions So we confess our selves to be in conscience obliged to obey His Majesty in all civil and temporal affairs and notwithstanding diversity of Religion in Him and us We protest we are and during life shall be as loyal to his Majesty as any of his Subjects whatsoever and as either in Spain or France the Catholick Subjects are to their respective Kings and will be ready to detect and discover to His Majesty and to his Ministers whatsoever Treasons or Conspiracies shall come to our knowledge yea and expose if need be our lives in defence of his Majesties Person and Royal Authority and that by no Power on Earth whether Spiritual or Temporal we shall be moved to recede from any point of this our Allegiance and we further from our hearts detest for impious Doctrine and against the Rules of all Christianity to averr That any Subject can murther his Anointed King or Prince though of a different Faith and Religion and much more we abhorr as damnable the practice of that wicked assertion But being told by the Procurator it signified a meer nothing not even as much as a bare absolute or positive acknowledgment of the King to be King much less any thing of the cases controverted as that of the Popes pretended power to depose the King or even of his actual procedure to a deposition excommunication dispensation with or absolution of Subjects from their Allegiance whether he have such power or not they changed that their first Form and prepared this other which themselves delivered my Lord on the 4th of December 62. The Procurator being present and Father Quin speaking first as one formerly known to his Grace and one to that sign'd with seven other Catholick Divines of Dublin the lawfulness and tye upon Catholicks to resist the Irish Forces headed by the Nuncio when the Confederats rejected the peace of 46. and were drawn to besiege Dublin The tenor of their second form was this The Jesuits second Remonstrance Declaration or Protestation of Allegiance WE acknowledge His Majesty King Charles the Second to be our true and lawful King supream Lord and rightful Soveraign of this Realm of Ireland and all other His Majesties Dominions We acknowledge our selves bound in Conscience to obey his Majesty in all civil and temporal affairs and notwithstanding the diversity of Religion in Him and us we engage that during life we shall be as loyal to his Majesty as any of his Subjects whatsoever and as either in Spain or France the Catholick Subjects are or ought to be to their respective Kings and shall be ready to expose if occasion shall require our lives in defence of His Majesties Person and Royal Authority and no power on earth shall move us to recede from any point of this our Allegiance We shall be ready to detect and discover to his Majesty and his Ministers whatsoever Treasons or Conspiracies against his said Majesty shall come to our knowledge We detest from our very hearts that impious doctrine which averreth that any Subject can murther his anointed King or Prince though of different judgment in religion and we abhorr the damnable practice of that wicked assertion Their answer was then from his Grace that he would consider of it next morning That if it came short of the printed one as to the substance or sense they could expect no benefit thereby That it was in vain to use any distinctions or reservations That when he thought fit to act in this matter as the Kings Lieutenant he should not repute any person worthy of his Majesties protection that would not acknowledge the Royal Power independant from any but God alone That notwithstanding Father Quin insisted so much on the loyalty of his own Order in the late controversies and wars of Ireland yet he could not forget how the chief person of them Father Robert Nugent was a great Mathematician at Killkea when
Scripture teacheth the truth of that maxime as I have taken it Lex Christi neminem privat jure dominioque suo For if there be a latitude or liberty once given to mince these temporal rights without an express or certain warrant in that law it self of Christ it must be consequent that according to the caprichiousness or wilfulness of any either ignorant or interessed person the beleevers may be deprived now of one and then of another and at last of all kinds of civil rights under pretext forsooth of their submitting all to the pleasure of the Church by their profession of Christianity being that without such express warrant caution or provision there can be no reason given why of one more then of another or even why of one more then of all Having thus laid and demonstrated my first proposition or major of this my first argument I assume this other proposition for my minor But there was a natural or meer civil temporal or politick jurisdiction power authority or dominion which amounted to a coercive power in all temporal causes in every supream temporal Prince for example in Constantine the Great over all Christians whatsoever Laicks or Clerks living within his or their dominions before he or they became Christian in re vel in voto or by a perfect entire submission to the laws of Christianity and there is no such formal or virtual caution or provision in the law of Christ for the exemption of Clerks and after his or their such entire submission neither he nor they did expresly or tacitly and equivalently of their own accord devest themselves of or quit that power not even I mean in order to any Clerks whatsoever so living still within his or their dominions Ergo The same natural and meer civil temporal or politick jurisdiction power authority and dominion which amounts to a coercive power in all temporal causes over the same Christians whatsoever Laicks and Clerks living within his or their dominions remained in them and him after he or they were so become Christians The conclusion follows evidently the premisses being once admitted And of the premisses the minor only remains to be proved Which yet although having three parts into the first of Clerks to have been subject in politick matters to the supream coercive power of heathen Princes appears already and sufficiently demonstrated in my former Sections where I solved all the arguments of Bellarmine to the contrary from the laws divine either positive or natural and from the laws of Nations too and shall yet more positively and abundantly appear out of my very next immediatly following LXIII and LXIV Sections where by authorities of Scriptures and expositions of those very Scripture places by holy Fathers and by examples or practice according to such expositions I treat this matter and prove this first part of this Minor at large Nay and shall appear too most positively and abundantly out of my second and third arguments of reason either Theological or Natural either ad hominem or not ad hominem but abstracting from all concessions ab homine which follow in this very present Section And therefore to save my self the trouble of too much repetition I remit the Reader to those other Sections and arguments the rather that Bellarmine himself never scrupled in his first editions of his controversies nor ever until he saw himself in his old age beaten from all his other retreats by the writings of other Catholick Divines Canonists against him and consequently the rather that this matter of this first part of my foresaid Minor is now so little controverted that scarce any can be found of such impudence as to deny it notwithstanding Bellarmine's illgrounded chang◠or opposition in his old age whereof more presently And as to the second part of no such formal or virtual caution or provision in the law of Christ for the exemption of Clerks the very self same Sections which demonstrate the first part do also this But for the third or last part of this Minor which was that after their conversion to Christianity Princes did not quit or devest themselves of this supream coercive power of or over Clerks c I need not say more here or elswhere then I have before in answering Bellarmine's arguments out of the civil laws of Emperours Section LX. And nothing els but alleadg the known general and continual challenge of all Christian supream civil Magistrats Emperours Kings Princes and States to this very day of that supream coercive power of Clerks in all politick matters and their actual practice accordingly at their pleasure and when occasion requireth Notwithstanding all this evidence Bellarmine strugles like a bird in a cage For though he had not this argument framed against him dilated upon at full as I have heer but onely pressed by that bare maxime Lex Christi neminem privat jure dominioque suo objected to him by William Barclay he answers thus contra Barclaium cap. XXXIIII It is true sayes he the law of Christ deprives no man of his right and dominion proprié perise quasi hoo ipsum intendat nisi aliquis culpa sua privari mereatur properly and intentionally or that of it self or of its own nature it deprives no man so as intending to deprive him so if not in case of demerit when a man through his own fault deserves to be deprived of his right or dominion Yet when it raises laymen to a higher order such as that is of Clerks we must not wonder that consequently it deprives Princes of the right or dominion they had over such men whiles in a condition much inferiour Nor are there examples wanting in other things as well prophane as sacred 1◠The King rayses a private man till then subject to an Earl and rayses him I say to a Principality It must be confess'd this Earl is consequently deprived of his Lordship or dominion which till then he had over this man nay perhaps further even subjected consequently to this very man whose Lord he was so late The Pope rayses an ordinary or simple Priest to a Metropolitane a Priest subject otherwise to a Suffragan Bishop and by such creation without any injury to this Bishop or Suffragan places consequently such a Priest in a Metropolitical power of command over even the very Ordinary under whom he was immediately before A unbelieving heathen or infidel husband had the right of a her band to and dominion over his infidel wife she is converted to the Christian Faith he remaining still an unbeliever And the law of Christ doth without injury deprive him of all right evermore too that woman if she please Even so by a marriage done or contracted by words of the present time a Christian husband acquires a right to such a Christian wife and yet if she before consummation please to ascend to or embrace a higher and holier state of life or that of a Votress in a Cloyster within the tearm of
at the meeting at London which was before that of Clarendon or Northampton So that as Baronius or Spondanus out of him or both say it was to excuse his own King that Neubrigensis fixes on this of our holy Archbishops denyal to deliver to legal punishment those criminal Clerks as on the onely cause of the following tragedy being it was so specious a cause on the Kings side to quarrel with the Archbishop even so I cannot but say that I think these two great Annalists have of purpose albeit without sufficient ground contradicted Neubrigensis to excuse the Saint even also in this very particular instance as well as in all other of the difference being such a demand must appear to most men on first sight to be but very just on the Kings side and consequently that the denyal of it must on the Archbishops side appear to the same men at least too too rigid if not unjust as to the matter in it self though I for my own part verely believe the Saint apprehended it farr otherwise nay am certain he did as I am also at least very probably perswaded that he apprehended it so upon very just grounds and very true even in themselves objectively But however this matter be of the sole cause and because it is not much material to my main purpose whether of the two Neubrigensis or Baronius out of those other Authors speaks most exactly of that or if it be any way or in any degree material that surely Baronius's observation of others causes to have proceeded must be for me and though to help Neubrigensis as likewise to illustrate the matter in it self a little more I can add Hoveden ad an 1163. where he writes thus Eodem anno gravis discordia orta est inter Regem Angliae Thomam Cantuariensem Archiepiscopum de Ecclesiasticis dignitatibus quas idem Rex Anglorum tuebare minuere conâ—batur Archiepiscopus ille leges dignitates Ecclesiasticas modis omnibus illibatas conservare nitebatur Rex enim volebat praesbyteros diaconos subdiaconos alios Ecclesiae Rectores si comprehensi fuissent in latrocinio vel muâ—dra vel felonia vel iniqua combustione vel in his similibus ducere ad secuâ—ariâ— examina punire sicut laicum Contra quod Archiepiscopus dicebat quod si clericus insacris ordinibus constitutus vel quilibet alius Rector Ecclesiae calumniatus fuerit de aliqua re per viros Ecclesiasticos in curia Ecclesiastica debet judicari si convictus fuerit ordines suos amittere sic alienatus ab efficio Beneficio Ecclesiastico si postea fâ—ris fecerit secundum voluntatem Regis Bailivorum suorum judicetur therefore now Secondly you are to observe the progress of this great jealousy of the Kings whatever the sole first cause of it was and you are to observe it also out of Baronius who takes it from Robertus or Heribertus one of the said four Authors of the Acts viz that in the same year of Christ 1163. the same King Henry the Second being mightily incensed against our holy Archbishop of Canterbury and convening at London both him and rest of the Bishops of England and urging vehemently that such criminal Clerks as those before mentioned should after canonical punishment inflicted on them in the Ecclesiastical Court be delivered nevertheless to the secular Court our said holy Archbishop and not he alone but all the other Bishops unanimously and flatly refused to do so That hereupon the King being wholly enraged as seeing them all to a man so unanimous against him in that point demanding of them whether they would observe his royal customs consuetudines suas Regias they all having first consulted together and every one apart being demanded so apart answered they would with this caution Salvo ordine suo That when the King urged them to promise absolutely that they would without any such caution onely Thomas answered that when they had formerly sworn allegiance and fidelity to him Vitam scilicet membrum honorem terrenum salvo ordine suo in this earthly Honour the Royal customs were comprehended and that they would not oblige themselves in any other form to their observance then in that wherein they had formerly sworn That although Hilary Bishop of Chester seeing the King more and more incensed vehemently by reason of such their unanimous answer did without advising with the rest change that contentious caution into these other two words bona fide promising that himself would observe the Royal customs bona fide yet the King was nothing at all appeased but rejected him also with contumely and after many altercations departed full of anger and indignation from London without saluting any one of all the Bishops That matters continueing thus for some time next year after which was 1164. Thomas of Canterbury being much importuned by the reasons and desires of many Bishops and Abbots to conform himself in the controverted point to the Kings pleasure one of the Abbots having also told him that Pope Alexander himself when he had heard of these altercations had given way to and licenced such their conformity Thomas I say being perswaded at last by such arguments accoasted the King and promised him that he would alter the word or the caution which gave so much offence to His Majesty in that which related to his Royal customs or to the form of their oath for observing those customs That the King being hereby somewhat appeased and withal desirous that such alteration should be made publickly in Parliament or in a general Assembly of all the three Estates summon'd the same three Estates Lords spiritual Temporal and Commons or Magistrates as Baronius calls them to meet at Clarendon this very year 1164. and upon the thirtyth of Jan. That this great Assembly being sate and the King urging the performance of what was so promised Thomas apprehending again mightily that such performance might prejudice Ecclesiastical Immunity fell back from his promise nor could ever be brought on to it again or to acquiesce to the King either by any threatnings or by any blandishments of his untill at last moved by the continual intreaties prayers geniculations tears of as well the Bishops as of others of the Clergie and Nobility and by the present danger of prison banishment death represented by them to him he chose rather sayes Baronius to obey them then him that is he chose rather to be perswaded by them then by him and however this be acquiesced at last and first of all and in the presence of all the Bishops and whole Parliament swore to observe the Royal customs bona fide omitting and suppressing the contentious caution or words Salvo ordine and that immediatly after him all and singular the other Bishops every one a part for himself took the same oath and in the very self same tearms or form And you are to observe here how Roger Hoveden a
such Authorities as are truly unanswerable nor to such Reasons as are truly demonstrative no not then when they had not a word to reply not even the most learned and most resolute of them I mean and I mean them also too when sate together in the most general Congregation of their Representatives Behold the cause wherefore several of the more leading and more intriguing of them and long before the said general Congregation was held finding upon one side an absolute necessity on themselves to offer at least some kind of Remonstrance of their Loyalty that they might not seem to disown their being Subjects and on the other intending not to come home to the Contents of that of 1661. so Censured by the Divines of Louain and by the several Letters of the Internuncio of Flanders and of Cardinal Francis Bellarmine most earnestly and manifoldly attempted and this too by the mediation of several persons of Quality and Honour both Lords and Ladies of their own Religion and some too of the Protestant to persuade his Grace my LORD LIEUTENANT to be content with and accept of such a Remonstrance as they would frame for themselves being as they pretended they desired this favour not to decline the substance of Father Walshe's Remonstrance as they call'd it but to give it in their own Language for the Reasons elsewhere already given in this Book And behold the cause also why though his GRACE did as often condescend to their desire in that behalf as they made it by others or even by themselves yet having to that purpose received several Papers from them besides those given before as from the Dominicans and Jesuites and no two of all agreeing fully either in words or substance much less any of all coming home in all parts to the substance of that of 1661. which by all means they declined his GRACE considering also they were but particular persons or particular Orders at most and such as could not undertake for other persons and Orders of the Irish Clergy to concur with them in these Forms offered by them how short soever of that know Formulary which was still a Bugbear to them all indifferently answered every of them They came short of their pretended offers That he clearly saw it was not against the words only but against both words and substance or sense of Father Walshe's Remonstrance they excepted And that being this substance or sense to the full and in all parts of it was necessary from them he could not but expect their Subscription to that very Remonstrance which His MAJESTY had already and so graciously accepted of as being sign'd so freely and affectionately presented by a considerable number both of the Irish Clergy and of the Irish Nobility and Gentry because although perhaps some of them intended in some measure to come near the substance or sense of that His MAJESTY so received yet there must be some mystery still in varying from it besides that there would be no end in giving way to such variety and that none of those who perhaps meant well in other words could or would engage the rest should approve of what they offered in such words much less subscribe to it The Papers so offered and presented to His GRACE besides those other you have seen already of the Dominicans pag. 56. and of the Jesuites pag. 84 85 and 86. are these following A Paper given or delivered to the DUKE by Colonel Gerrot Moore 27 March 1664. as said he the substance of that which the Romish Clergy were ready to Subscribe and Declare But I say it appear'd after in their general Congregation of 1666. at Dublin as you may see in the Second Part of this First Treatise and in the Second and Third Treatise of this Book they were far enough from being ready to Subscribe or Declare any such Thing or Paper how even short soever or not home enough to the point I Engage my self to expose my life if occasion shall require in Defence of His Majesties Person and Royal Authority against any Prince Person or Power Spiritual or Temporal Forreign or Domestick that shall invade or disturb even by Sedition or Rebellion His Majesties Rights Person Authority or Government and hereunto I engage my self to be truly faithful notwithstanding any sentence of Deposition Excommunication Censure Declaration Absolution or Dispensation whatsoever I likewise abhor and detest from my very Soul the Position fathered without any just grounds upon Roman Catholicks That Faith is not to be kept with a People of a different judgment in Religion from them Another Paper or form of a Latin Declaration or Protestation offered by Patrick Daly Doctor of the Civil and Canon Law Vicar General of Armagh and Judge Delegate of the Province of Armagh to be Subscribed by himself as given also by himself to the LORD LIEUTENANT on the 7th of April 1664. the Earl of Clancarty and Lord Birmingham being present GEntem illam nimis barbaram imo a lege naturae omnino alienam esse oportet quae non Reges a Deo sibi impositos amant vereantur revereantur qui Regium nomen Majestatem ut rem augustam plane divinam non secundum ipsum Deum in temporalibus amplectendum esse censeant colendum Hybernis igitur omnibus incumbit sed iis praecipue qui Altari inserviunt aliorum instructionem susceperint manifestare quo quantoque gaudio auspicantissimam Serenissimi nostri Monarchae maugurationem ejusque reditum ad capescendum Majorem Imperium concelebrent Hinc ego ut alios omnes decet faelicissimo nostro Principi qui has Gentes prae aliis suam Hyberniam ex faucibus crudelium Tyrannorum quorum sub immani jugo hactenus gemuere eripuit cur non fausta omnia prospeta voveam cum longe a Christiana pietate absit aliter vel facere vel sentire At cum audierim apud multos suspiciorem suboriri viros nonnullos nostri ordinis in hoc Regno esse qui intestinas Seditiones moliri imo vires externas ad Rebellandum contra Sacram Regis Majestatem afcistere conentur aspirent celare nec possum nec debeo qua observantia quo amore animi finceritate in inctissimi mei Regis obedientiam prosperitatem rerar quomodoque ad id fideliter praestandum vel Sacramento paratus sum me addicere Itaque sincere sine omni aequivocatione fuco aut mentis reservatione Sanctissime in me recipio in verbo Sacerdotis affirmo Serenissimum Regem nostrum Carolum secundum vero legitimo haereditario jure huic Regno Hiberniae aliis omnibus suis Regnis ditionibus dominari meque in omnibus temporalibus civilibus illi fidelissime merito obtemperaturum nullamque sub Coelo esse potestatem quae me ab hoc Sacramento fidelitatis plus quam Subditos meae functionis Principum Germaniae Hispaniae aut aliarum Nacionum per universum Christianum
the Twelve Catholick Commissioners of Peace That Owen O Neill or his Commissioners insisted positively on that Article And I remember very well That hereupon the Council Board I mean those Twelve Catholick Commissioners of Peace at Kilkenny acquainted immediately David Roth Bishop of Kilkenny alias of Ossory and Patrick Plunket Bishop of Ardagh the only Bishops then in Town and my self as the third man with what on the subject had been written by the foresaid Bishop of Ferns and Sir Nicholas That they withal desired us to consult together and give them our resolution on the point or what answer we thought fitting to return That we did accordingly consult and in regard of the fatal conjuncture and consequent necessity for the Publicks sake to yield almost to any terms and because that a general Absolution and this ad cautelam onely implyed no acknowledgment of guilt on our side or of justice or validity of the Censures on the other did consent of our part unto the said Article so cautiously and restringently as here to be framed All this I remember very well but withal my own extreme regret in yielding herein or even I mean as much as with such caution and restriction because I clearly saw what would follow And yet because I also knew That if I had resisted and the Treaty thereupon chanc'd to be either broken or delayed I alone at least principally should have born all the blame and odium of whatever dismal consequences I consented so as I have said Nay rather because I likewise knew that as matters happen'd to be then whatever I did resolve the Commissioners had not resolution enough to resist I yielded so though with very much inward reluctance yea notwithstanding I say all that very caution and restriction used by me for I my self alone was the first Author or Suggester of it upon the debate But however my either inward thoughts or outward expressions were on that subject nothing of this nature can be clearer to me than that the said Twelve Commissioners their want of resolution to oppose that Article was the very immediate original spring whence flowed all the other following breaches and the several degrees of their Ecclesiastical Party's declination and consequently also of that of their Laick Party's the other side preaching loudly everywhere and with much advantage amongst the vulgar though otherwise falsly as to the thing in it self that it could be no less than inward guilt made the Anti-Nuntiotists yield to the Petition of an Absolution from the Pope whereby as this side lost daily much of their reputation amongst the populace so that other gained more and more credit From thence i. e. from that weakness of yielding in the said Twelve Commissioners of Peace flowed the vapouring and passionate Threats of Clogher against me and to my own face immediately after at Kilkenny which I touch'd before albeit I did well enough with him then having presently but withal civilly desired him to withdraw out of that House where I had authority and to tell the Commissioners I had done so From thence the manifest injustice of the National Congregation of the Bishops of both sides met and held at Cluanmacnoise that very Winter of the year 1649. soon after Owen O Neill's Army was upon conditions come in to my Lord Lieutenant Owen O Neill himself their General being dead immediately after the Articles signed wherein the Nuntiotist party prevailing Father Thomas Makiernan the late and great Nuntiotist Provincial of the Franciscans was received as Provincial to sit and vote notwithstanding that he had been so lately i. e. some months before by Father Redmund Caron Judge Delegate from the highest power general then in the Franciscan Order beyond Seas canonically and sententially both deposed and excommunicated yea notwithstanding that Father Caron himself being also present in the said Congregation interceded on that account and by such arguments too as were unanswerable against his reception to mention nothing at present how the said sentences of Caron against Makiernan were soon after confirmed also beyond Seas at Gant and by the General Delegant the Right Reverend General Commissary Petrus Marchantius himself From thence further proceeded that presently after this the said Father Caron Commissary and Judge Delegate was meerly Hector'd to the yielding up some of his obedient Convents to the absolute disposal of this Makiernan Nay that Rome within some further time understanding of this regaining of ground in Ireland by the Nuntiotist Party commanded Daniel a Dungo as I have said before to revoke Father Caron and institute in his place Fildeus But most particularly it was from thence flowed the boldness and impudence of procuring that subreptitious and injurious Bull of Alexander the VII a Bull not of a general and conditional absolution ad cautelam onely as was consented unto by the foresaid Commissioners but for such particular and penitential absolutions as both supposed absolutely the Censures contracted and was required also to be in forma Ecclesiae consueta performed And generally in a word it was from thence that all evils whatsoever flowed which at any time after 1649. did in any place fall upon the Royal Party of Irish Ecclesiasticks until they were at last utterly sunk A fate that certainly attended all others of them as soon as the numerous and resolute body of the Franciscans that appeared so eminently and couragiously leading them on had been and by such means and degrees as we have seen broken in shivers and reduced almost to nothing Where I cannot but observe the worldly prudence of the Court of Rome that attempted not the revocation of Caron and annullation of all his Acts or the substitution of another i. e. of a known and zealous Nuntiotist in his place until they had been sure the Civil Government had fainted and the Nuncio Party was grown head-strong enough to back their new Commission and support their new Commissary Fildeus whiles he proceeded not only contrary to all Church Canons and Statutes of his own Order but by plain force and violence also against those Loyal persons of his Order that should dare oppose him in any thing And the like prudence observed by them in that Bull of Alexanders which as being of far greater i. e. more general and perpetual consequence they would never grant until the year 1654. By which time they persuaded themselves it was impossible the King or His Royal Party should ever return or be in any such condition as might encourage their reflection on the manifest injustice and encroachment of that Bull so directly and plainly overthrowing all the props of Allegiance to His Majesty amongst the Roman-Catholicks of Ireland The like also in effect and as to their main ends albeit they saw the Scene of Affairs in these Kingdoms somewhat altered they have pursued against the Irish Remonstrants now lately since His Majesties happy Restauration For albeit the Internuncio's of Bruxels and Cardinal Barberin and some Generals
and strong Castle of Carrigfergus I found left but by whom I know not in my Chamber at Dublin a Packet of Letters endorsed to my self Opening them I found not a word to my self but fair Copies onely of some three Letters one from Cardinal Barberin and two more from Rospigliosi to others in Ireland or rather indeed to all the Clergy of Ireland exhorting them to stand manfully against Caron and me and my intended design of the National Congregation Each of those Papers had in the Frontispiece written Copia vera and as I knew after they had been written or copied out so by the hand or pen of Abbot Claudius Agretti then Secretary to the Bruxels-Internuncio Rospigliosi as he was before to de Vecchiis the former and continued after to Airoldi the present Internuncio Within a few dayes more a Friend tells me there was a young Dominican Father by name Christopher O Ferrail lately landed from Flanders Louain and Bruxels with some extraordinary message and letters of importance to the Clergy and that some Nights he lay in one Bed with his own Provincial John O Hairt a known zealous Anti-Remonstrant keeping very close consultation together After a day or two more Father Mark Brown a Franciscan then lately come from Spain and by the Minister General delegated as Commissary Visitator of all his Order in Ireland came of purpose also to my Chamber to let me know and see as a great secret some Copies of Letters lately sent from Bruxels and dispersed now both in Town and Countrey to prevent the Convention of the Fathers Having seen and heard so many particulars of this Forreign design of Rome I found it my duty to acquaint my Lord Lieutenant both with it and all the particulars of it as I did And in truth if at any time or in any conjuncture I should be mindful of the obligation incumbent on me not only as a Subject in general nor only besides as one that sign'd the Remonstrance and consequently obliged my self also by my own hand not to conceal such matters but as one moreover on whose sincerity in particular the said Lord Lieutenant depended nay on whom His Majesty had in July 1662. at Hampton Court when I had the honour on my departure then for Ireland to kiss His Majesties hand laid His express command That I should not deceive in any thing or frustrate the Duke of Ormonds His Lord Lieutenant's expectation if I say at any time or in any conjuncture of publick Affairs I should have been effectually mindful of my duty in acquainting his Grace with such pernicious designs it must have been then when His Majesty had open War with some Neighbours abroad was on ill terms with others had the Irish at home very ill satisfied and the Tories every day starting out grown numerous and under Colonel Costelogh even big with expectations from abroad and of a more general insurrection at home and when also the Duke himself expected that National meeting as at hand In all other matters or those I mean which related not to the safety of the Crown or peace of the People I have at all times been careful enough and even as wary and charitable and just also as cap. would have me Vid. Theodoret l. 1. cap. xi and all others at least Clergymen be in concealing the personal imperfections if any I had known of other Clergymen But if I had concealed any such ill designs undermining the safety of His Majesties Crown or peace of the Kingdom I had done like a bad Christian worse Priest false Remonstrant disloyal Subject and the very worst of Hypocrites Nay and done that which by consequence must in time have reflected on and highly prejudiced His Majesties Roman-Catholick Subjects especially the Irish in general For if I had been so treacherously perjured even also against my own very manual signature who is so dull as not to understand the use would be made thereof by all knowing Protestants upon any fit occasion to prejudice Catholicks who not this obvious inference viz. That if I who had writ and preach'd so much had suffered so much for and been tryed so much in the point of Loyalty and besides had been the leading man of all the Subscribers to that publick Instrument which particularly binds to discover all such dangerous designs or practices should nevertheless upon new considerations fail in that duty then certainly there could be no reason to repose thenceforth any more or believe at all not even any protestation whatsoever of any Priest continuing in the Roman-Catholick Religion And yet I must let my Reader know That all the while I did nothing in that or any such matter which I did not alwayes and in all due occasions both publickly and privately own as well to the National Congregation when they were sate as to other either less solemn meetings or particular persons of the Irish Clergy as themselves could not but see that not only I but all other Subscribers besides our being otherwise obliged had even bound our selves particularly by our own manual Subscription to do No sooner had my Lord Lieutenant those notices then he sends to apprehend the foresaid Express Christopher Ferrail in his Father Mr. Bryan Ferrail's house at Dublin and being apprehended commits him to Proudfort's Castle On the 7th of June a Committee of His Majesties Privy Council viz. the Earl of Roscommon Earl of Anglesey Sir Paul Davys Sir Robert Forte and Sir James Ware examin'd him and again the second time on the 9th of the same month The originals of both Examinations subscribed as well by Ferrail himself as by the said Lords of the Committee I have at present in my custody though I confess there is not much material in either save only that Ferral confess'd 1. That he received from the Apostolick Internuncio of Flanders Jacobus Rospigliosi Letters for the Bishop of Ardagh Patrick Plunket wherein there was enclosed another from Cardinal Francis Barberin to the Clergy of Ireland 2. That from the same Internuncio he received a third Letter written by himself as Barberin had been to the said Irish Clergy in general 3. That the Internuncio had read all to him before they had been seal'd up in a Packet 4. That the Contents of all were about warning that Clergy to take heed of swearing Allegiance to their King that it might not be to the prejudice of their own Faith 5. That the Internuncio told him he would send other Letters by the Post to a friend in Ireland least he should miscarry 6. That having parted Brussels May 13 or 14. Stylo Novo and landed at Dublin about a fortnight after he delivered all those Letters to the foresaid Bishop of Ardagh those of them to the Clergy in general having been with flying Seals open The first of the two Examinations being brought to the Lord Lieutenant his Grace was pleased to send for me on the eighth of June and shewing me the Paper bid
me go presently tell the Bishop all and that he must be sent for that very Evening but without any design or intention to harm him and therefore should not be frighted if he should see Sir William Flour Lieutenant Collonel of the Regiment of Guards come in a Coach to call for him at his Brothers Sir Nicholas Plunket's house When I had accordingly out of hand visited the Bishop delivered my message and told him the confession of Ferral under his own hand the good Prelat seem'd to be in a strange perplex'd and fearful confusion But desiring my advice and I telling him there was no way like truth and that dealing candidly there would be no further jealousie of or reflection upon him he goes into a corner of his Chamber brings thence all the Letters shews them me and withal prays me not to let others know that he delivered them understand after he had done so indeed to the Lord Lieutenant I was scarce parted when Sir William Flour came in the dusk of the Evening called for the Bishop and desiring his company in the Coach led him without notice taken by any to the Kings Castle and Lord Lieutenant there to whose Excellencies own hands the Bishop delivered immediatly all the said original Letters with their own proper Endorsements and Seals both of the Internuncio and Cardinal Behold Reader how or by what means I came to have in my custody now those very originals whereof you shall see presently the true copies For as soon as my Lord Lieutenant and Council had perused and seriously considered of them His Grace was pleased to commit them to my custody but withal telling me that they were the only first arguments which perswaded the Earl of Anglesey and some other Lords of the Council I was no cheat nor the controversie twixt the Remonstrants and Antiremonstrants a deceipt or trick but a real difference twixt the Loyally and Disloyally principled or affected Irish That Anglesey with many others until themselves had seized and examined Ferral and seen those Letters with the proper Hands and Seals to them delivered so by Ardagh had been of opinion that Peter Walsh pretended a difference where there was none but rather indeed all of both sides agreed to deceive the Protestants and he to be the chief Actor therein And that now even the Earl of Anglesey himself in particular was so convinced of the contrary that he declared he would himself be thenceforth for repealing all the penal Laws in order to those downright honest Remonstrants and all others who should thenceforward freely and heartily joyn with them by subscribing that very Instrument and like them standing to it constantly against all the censures and other Decrees Plots and Procedures of Rome Now to the tenour of these Letters I give it first according to the original in that Language wherein they were written i. e. in Latin next rendred in English Cardinal Francis Barberins Letter from Rome April 24. 1666. to the Clergy and Catholicks of Ireland superscribed thus Praestantissimis Viris Clero Catholicis Regni Hiberniae Praestantissimi Viri QUadrienium jam pene fluxit ex quo Sanctissimus Dominus noster pro sua erga Vos dilectione meis literis vos admonuit saluti velâ—rae imminere periculum a falsis fratribus Cumque maxime averet audire laqueum contritum esse vos liberatos nuntius tristis affertuâ— conventum inter vos esse tertio Idibus Junii Coetum Dublinii cogi ad deliberandum de subscribendo illi protestationi quae fidelitatis titulum praeferens fidei Catholicae astruit adversantia Jussit ergo Sanctitas sua vos per me serio commonefieri ne fidelitatem civilem cum obedientia sedi Apostolicae debita confundatis neve in vestrum induci animum patiamini Regi parere non posse illum qui Romano Pontifici morem gerit cum immo nihil ad Regum Auctoritatem firmandam magis conferat quam in subditis fidele erga Pontificiam Auctoritatem obsequium Et sane quae Lex Monarchico Regimini adeo favet quam Catholica Quae justam Regibus subjectionem praecipit adeo arcte quam illa quae obedire Praepositis suis aperte jubet In hac igitur constantes estote nec vestri animi robur tentet aut labefactet jactatus timor nec fallant decipulae hostis humani generis cui utpote quae sunt multiplices nocendi artes illa non defuit fidelitatis obtestationem blandioribus verbis attemperandi quae tamen apta nullatenus sunt ad perniciem avertendam Illis vero qui verecundiae limites transgressi post tot irritos conatus extremum tandem successum hunc designati Conuentus habuisse fortasse gloriantur Sanctitas sua divinam interminatur ultionem nisi se a pravis cogitationibus avocantes ab hujusmodi tentamentis abstineant Vos interim totius Congregationis vestris negotiis praepositae nomine hortor vestrae ut fortitudinis fidei existimatio vestraque salus vobis potissimum cordi sit gratam ut vicem Romanae Ecclesiae quae in Christo vos genuit rependatis Reliquum est ut pro certo omnes habeatis Vos unice diligi a Sanctissimo Domino Nostro qui ab infelicibus vepretis saltibus ad Domini pascua vos traduci a Deo optimo Maximo incensis officio charitate precibus exposcit Romae Aprilis 24. 1666. Vester Amantissimus in Domino Franciscus Cardinalis Barberinus Rendred into English the Superscription thus To the most Excellent men the Clergy and Catholicks of the Kingdom of Ireland And inner Tenour thus Most excellent Men FOur years now are almost past since our most Holy Lord out of his love to you hath by my Letters admonished you of dangers to your Salvation which are impending from fals Brethren And when he mightily desired to hear news of the snare broken and you delivered behold the sad tidings come of your having agreed amongst your selves that a Congregation shall be held at Dublin on the third of the Ides of June for deliberating on the point of subscribing that Protestation which making shew of the Title of fidelity asserts things contrary to the Catholick Faith Wherefore his Holiness hath commanded that by me you be seriously admonished not to confound civil fidelity with the obedience due to the See Apostolick nor suffer it to enter into your Souls that he cannot be truly obedient to the King who doth this duty to the Roman Pontiff whereas indeed nothing can more conduce to establish the Authority of Kings than in their Subjects a faithful obsequiousness to the Pontiffical Authority And indeed what Law doth so favour the Monarchical Government as the Catholick What doth so strictly command subjection as that which openly enjoyns all to obey their Superiours Be therefore constant in this Law nor let the traps of the enemy of human kind deceive you to which enemy as to whom the manifold Arts of harming are present that
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
to proffer so much in writing by a publcik Act of their Congregation i. e. by signing the paper to that purpose offered them to be signed unless besides other prejudices and evils which their proceedings hitherto must if not remedied by new Resolves bring of necessity on all the Roman-Catholick both Clergy and People represented or lead by them they intend also to sowe the seeds of a perpetual scandalous and fatal Schism amongst that very Clergy and People These being the heads of what we think necessary to be so debated and our desires and Petition of a Committee and Conference to such end being no other than we likewise think every indifferent Person will hold to be very reasonable in the present circumstances we have moreover thought fit to assure the Fathers That in case they convince us by reason or argument which may take with any judicious indifferent Person we shall most freely and resignedly submit to them in all and every of the controverted Points So little are we byassed against that Light which God hath imprinted on every rational Soul nay on the contrary so resolved are we to hold perpetually to the best of our knowledge to the Rule of Christian Belief which we conceive to be now or as to us and all other faithful men living the Holy Scriptures of God as they are interpreted by the constant unanimous universal Tradition of the Church and Doctrine of all the Holy Fathers even for Ten whole entire Ages of Christianity until the days and Vsurpation of Gregory the VII But if notwithstanding all and particularly so fair an offer the Congregation shall which God forbid suffer themselves to be either misguided or over-awed and over-ruled still by those persons amongst them who seek not the good of either Nation or Religion but their own peculiar worldly interest every one of them and this even knowingly to the prejudice of Evangelical truth and Propagation or Confirmation of both Schismatical and Heretical Errours or if to pleasure such persons the Congregation will not condescend to a desire so earnest and reasonable a Petition so equitable and humble for such a necessary Committee and Conference this Letter will at least bear us witness that of our part and to our power we have done what became us for preventing those evils which we mightily fear and are almost certainly perswaded the bad counsels and further designs of some leading persons amongst them will at last bring upon the Nation in general Whether in the mean time the Congregation it self can avoid the Censure of all understanding men whether even of those who otherwise might be the most fiery pretending Zealots for the Church and Pope may be worth the considering We mean when it shall be made publickly known That such a National Assembly of Ecclesiasticks would neither frame a Remonstrance of their own satisfactory to the King in point of professing their Allegiance to him for the future in meer Temporal things nor at all joyn or concur in that of others which was indeed in all respects satisfactory and as such already accepted by His Majesty and was also by not a small number of both Ecclesiasticks and Layicks of their own Countrey and Religion and amongst these and those many persons too not only considerable for other qualifications but for their Learning and judgment who even Principally to do them all the good lay in their power had freely and conscientiously signed the former Remonstrance nor yet no not even on the contradictory question would shew their Lawful exceptions or indeed any at all against the former nor even do so much as suffer it to be debated 'twixt a Committee of their own and another of the Subscribers of it no nor so much as to be debated in their own House or elsewhere by their own Divines alone whether it contain'd any Errour or any other cause of Lawful exception nor finally no not to prevent all those otherwise impending evils especially the very worst of them viz. a manifest scandalous and fatal Schism amongst the Catholick Clergy and consequently People too of this Nation the setting up or continuing of Altar against Altar would so much as testifie under their hands or by a publick Act of their House what they themselves professed there in word That they had in truth no exception against either that former Remonstrance or the Subscribers of it We say it may be worth the considering whether when all those matters and whatever else pertains unto them shall be made publick to the World this National Congregation of Roman-Catholick Irish Ecclesiasticks can avoid the heavy Censure of any understanding man Nay whether all understanding men who shall and when they shall read a perfect and full relation of all and particularly of this our present both hearty and humble Petition and withal of the Congregation's declining still nevertheless to come to such an issue will not judge That the same Fathers and together with them all other our Antagonists both at home and abroad Natives and Forreigners yield up the Cause justifie us and condemn themselves that refuse a Tryal so equitable in it self and so heartily and humbly desired of them by us This is all we have to say or pray at present save only That your Lordship may be pleased either by your self or some other Member of the House to read publickly in the House to all the rest of the Prelats and Fathers there Assembled this Letter of our Expostulation with and Petition to them all in general being it is only to this purpose directed to your Lordship as their Chairman Wherefore concluding we heartily wish your Lordship and them our Right Reverend good Lords and Venerable Fathers and wish them in their final Resolves before they dissolve the efficacious influence of the All-powerful Spirit of God which strongly and sweetly works all the good Resolves of men And so with much affection and all due respect we kiss your sacred hands Right Reverend and our very good Lord your Lordship 's most humble Servants Secular Priests Laurence Archbold Bartholomew Read Dominicans Fr. Clement Birn Fr. John Reynolds All Franciscans Fr. Valentine Brown Fr. Peter Walsh Fr. Anthony Gearnon Fr. Francis Coppinger Fr. Thomas Harold Fr. Christopher Plunket Fr. James Tuit Fr. Patrick Carr. Fr. Laurence Tankard Fr Thomas Talbot Fr. Mathew Duff F. James Fitz Gerrald Fr. Anthony Saul Fr. Valentine Cruiz What the qualifications or Titles were of these Subscribers you may see Treat 1. partly pag. 9. and partly pag. 47. In both which places they amongst others subscribe their names with their respective qualifications or Titles to the former Remonstrance some amongst the first Subscribers in England and others after amongst those who signed in Ireland Yet I confess there is one amongst them whose subscription was not valued nor desired by any of the rest but rather declined yea and had been absolutely refused by them if they had known how to refuse it prudently
in defence of that Formulary and Subscription thereof according to the best and clearest dictates of his inward Conscience without having ever at any time since entertained the least thought of fear doubt or scruple of any errour sin or unlawfulness either in doing so or in not retracting what he had so done If not sayes he only in or as to some sharp words or not so respectful expressions against my Superiour the Pope if peradventure and wheresoever in my Writings or Books any such words or expressions are or by others may be apprehended to be For such unnecessary circumstantials of words any way savouring of passion I beg God heartily forgiveness But for other matters whatsoever that belong necessarily to the substance of the Doctrine I never had nor can have any remorse of Conscience because I believe it to be the Doctrine of our Saviour Christ by whose blessed merits I hope to be saved and before whose Tribunal I am now to appear And then in the fourth and last place converting himself to me and desiring me to sit by him on the Bed-side and I acordingly sitting there he further declared his Conscience to be That I was bound in Conscience to prosecute still even after his death that matter and continue that defence or advancement of that Doctrine which in his life-time I had for so many years and notwithstanding so much contradiction maintain'd So much truly of that learned modest pious man and so much I mean and such testimony given by himself at Deaths door of his own conscientiousness all along in that quarrel for which my Lord of Ferns great Roman termed him Apostate I can declare with as much assurance and confidence as any thing of my self And were it to purpose the like I could relate of another both learned person and illustrious Prelate too viz. Thomas Dese quondam Bishop of Meath and a Doctor of Paris who likewise in former times i. e. in the unhappy War-time had been no less engaged with me in the great Controversie against the Nuncio Rinuccini and all his Partizans and Censures of Interdict and Excommunication which great Controversie because it all was concerning the independency of the Supreme Temporal power as such from the Church in meer Temporal maâ—ters must consequently in effect have been the same with this other about the Remonstrance Of that excellent Bishop so much persecuted for several years by the rest of his contemporary Irish Bishops for not approving the Rebellion of the year 1641 as lawful in point of Conscience I could relate how when I had of purpose come to visit his Lordship on his death-bed in the Town of Galway and Colledge or House of the Jesuites there and then this was if I remember well when the Parliament Forces were of one side blocking up that Town and however I am sure it was much about the year 1650 or 1651. his Lordship taking me by the hand before all those were present declared in like manner his Conscience as Father Caron did many years after For although his Lordships every individual word then as to the bare literal sound I cannot at this distance of time exactly remember yet I am certain he spake the sense of these words Father Walsh I am heartily glad to see you before I dye that you may hear the Declaration of a dying man as you had his approbation when he was more like to live For I now declare That I have purely out of the internal sentiments of my Soul approved at large under my hand your Book of Queries That were it to be done again I would do it because I learned no other Doctrine from the Catholick Church on the subject of that Book but what is therein clearly asserted And therefore that especially as to that matter I now depart in peace of Conscience to appear at the great Tribunal where nevertheless I hope for mercy not for any justice of my own but through the merits of our common Lord and Saviour Jesus Christ This death-bed Declaration of this Learned man and constantly vertuous Prelate I could alledge with as great assurance as I could Father Carons were it to purpose to alledge either in this place against the foresaid great Roman who termed Me and Caron Apostates And yet I think it may be to some purpose if I tell him as I do now That the death-bed judgment of even only two such learned pious men so delivered to my self had more weight and strength to confirm me in my own former resolutions than the reviling terms of Two thousand even the very greatest Romans written or spoken by them in the dayes or time of their corporal health and worldly pomp and on the subject in controversie betwixt us could shall or ought to have for deterring me from or at all weakning me in the profession and defence of the Christian Doctrine I have learned from my youth and learn'd from the Catholick Church I mean on that same subject However and because I know or at least may rationally think such Romans and others too who have reviled me and Caron in such manner by terming us Apostates meant certainly to charge us with that which is properly commonly or usually imported amongst the vulgar by the abstract Apostacy taken in an infamous sense and some certain respect or species thereof and that nevertheless they only or at least principally and fixedly intend to charge us not in the first or second but third respect before given or third degree or rather indeed properly third species of Apostacy i. e. from the Regular Institute of St. Francis c. as likewise that so high a charge against us they ground solely upon our not appearing beyond Seas when summon'd by the Belgick Commissary General c. as if we had by such non-appearance yea notwithstanding any reason to the contrary forfeited and fallen utterly from that Regular Obedience whereunto by solemn Vow we tyed our selves and consequently turn'd Apostates ab Ordine Regulari or ab Instituto Religioso Divi Francisci and yet not only because this is not the proper place to handle that matter but also because the whole Third Part of my Latin Work intituled Hibernica c and my late printed Letter also in Latin ad Haroldum or to Father Harold are written chiefly to clear us from any sinful disobedience or contumacy in the case and by consequence from such Apostacy for without such disobedience or contumacy it is clear that such Apostacy as grounded only on sinful disobedience must of necessity vanish and further yet because I have some eight years since in my second long Letter to the Bruxel-Internuncio Hieronymus de Vecchiis which Letter may be seen Translated into English in this very Book Treat 1. Part. I. pag. 538. and from thence to pag. 555. sufficiently treated of the very subject therefore I will not give my self any further new and needless trouble on that same point again in this place but
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
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
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
offences of what nature kind or quality soever in such manner as if such Treasons or offences had never been committed perpetrated or done That the said Act do extend to the Heirs Children Kindred Executors Administrators Wives Widows Dowagers and Assigns of such of the said Subjects and their Adherents who dyed on before or since the Three and twentieth of October 1641. That the said Act do relate to the first day of the next Parliament That the said Act do extend to all Bodies Politick and Corporate and their respective Successors and unto all Cities Burroughs Counties Baronies Hundreds Towns Villages Tythings and every of them within this Kingdom for and concerning all and every of the said offences or any other offence or offences in them or any of them committed or done by His Majesties said Subjects or their Adherents or any of them before in or since the Three and Twentieth of October 1641. Provided this Act shall not extend to be construed to pardon any offence or offences for which any person or persons have been convicted or attainted of Record at any time before the Twenty third day of October in the year of our Lord One thousand six hundred forty and one That this Act shall extend to Piracies and all other offences committed upon the Sea by His Majesties said Subjects or their Adherents or any of them That in this Act of Oblivion words of Release Acquittal and Discharge be inserted That no person or persons Bodies Politick or Corporate Counties Cities Burroughs Baronies Hundreds Towns Villages Tythings or any of them within this Kingdom included within the said Act be troubled impeached sued inquieted or molested for or by reason of any offence matter or thing whatsoever comprized within the said Act And the said Act shall extend to all Rents Goods and Chattles taken detained or grown due to the Subjects of the one party from the other since the Three and twentieth of October One thousand six hundred forty and one to the date of these Articles of Peace and also to all Customs Rents Arrears of Rents Prizes Recognizances Bonds Fines Forfeitures Penalties and to all other Profits Perquisites and Dues which were due or did or should accrue to His Majesty on before or since the Three and twentieth of October One thousand six hundred forty and one until the perfection of these Articles And likewise to all Measne-rates Fines of what nature soever Recognizances Judgments Executions thereupon and penalties whatsoever and to all other profits due to His Majesty since the said Three and twentieth of October and before until the perfection of these Articles for by reason or which lay within the survey or cognizance of the Court of Wards And also to all respites issues of homage and Fines for the same Provided this shall not extend to discharge or remit any of the Kingâ—s debts or subsidies due before the said Three and twentieth of October 1641. which were then or before levied or taken by the Sheriffs Commissioners Receivers or Collectors and not then or before accompted for or since disposed to the Publick use of the said Roman-Catholick Subjects but that such persons may be brought to accompt for the same after full settlement in Parliament and not before unless 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 Lord Lieutenant shall otherwise think fit Provided that such barbarous and inhumane Crimes as shall be particularized and 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 Athunric 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 as to the Actors and Procurers thereof be left to be tryed and adjudged by such indifferent Commissioners as shall 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 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 And that the power of the said Commissioners shall continue only for Two years next ensuing after the date of their Commission which Commission is to issue within six months after the date of these Articles Provided also that the Commissioners to be agreed on for tryal of the said particular Crimes to be excepted shall hear order and determine all cases of Trust where relief may or ought in equity to be afforded against all manner of persons according to the equity and circumstances of every such cases and His Majesties chief Governour or Governours and other Governours and Magistrates for the time being and all His Majesties Courts of Justice and other His Majesties Officers of what condition or quality soever be bound and required to take notice of and pursue the said Act of Oblivion without pleading or suit to be made for the same And that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other precept for concerning or by reason of any matter cause or thing whatsoever released forgiven discharged or to be forgiven by the said Act under pain of Twenty pounds sterl And that no Sheriff or other Officer do execute any such Writ Process Summons or Precept and that no Record Writing or memory do remain of any offence or offences released or forgiven or mentioned to be forgiven by this Act and that all other Causes usually inserted in Acts of General pardon or oblivion enlarging His Majesties grace and mercy not herein particularized be inserted and comprized in the said Act when the Bill shall be drawn up with the exceptions already expressed and none other Provided alwayes that the said Act of Oblivion shall not extend to any Treason Felony or other offence or offences which shall be committed or done from or after the date of these Articles until the first day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in pursuance of these Articles of Peace agreed upon or any Act or Acts which shall be done by vertue colour or pretence of the Power or Authority used or exercised by and amongst the Confederate Roman-Catholicks after the date of the
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
considering also their promise in their said Letter recited that the Bishop and Dr. Charles Kelly should clearly deliver unto Us their thoughts and good intentions and the declaration of their sincere hearts By all VVe have written VVe desire to let you see how unhandsomly to say no more VVe have been dealt withal by those Bishops that when upon Our observation of the backwardness of the Towns to give Us obedience VVe applied Our Self with so much freedom to them who VVe and VVe believe by this time you are satisfied obstructed it instead of dealing plainly with Us as VVe so often desired them they would have held Us on with promises of great endeavours on their part to procure Us obedience and so continued seemingly well satisfied with Us till unprovoked by any thing from Us they break forth with their dreadful Excommunication when both in the County of Lymerick and Athlone the Rebels were endeavouring to force a passage VVhat an invasion these proceedings of theirs is upon the Regal power is not now to the purpose to declare But whether in them there be any usurpation upon the freedom of the Nobility and Commons is fit for you to consider The injustice of this kind of dealing VVe suppose is by this time plain enough to you It remains to shew you even by their own actions That supposing them to have proceeded by full warrant and upon just ground yet their rashness is not excusable as appears in that as they hastily denounced their Excommunication on the 15th of September so was it more wisely suspended by the same men on the 16th following in the Lord Marquess of Clanrickard's Camp VVhether so dreadful a weapon as they make that sentence be thus to be play'd with to make Rebels sport VVe leave to the examination of those that are in some respects more concerned than VVe are But that their allegation of the Peoples aversion to Our government is but a Cloak to cover their own fond Ambition to govern them or rather to bring them to confusion is manifest For as by their Excommunication they are forced to confess against all their Protestations That indeed they labour to bring them to such an aversion so by being forced immediately unsought by Us to suspend it they acknowledge they have not fully compleated their work As is more evident by these following Letters from the Bishop of Clonfert and Dr. Charles Kelly to the Officers of the Army under the command of the Lord Marquess of Clanrickard and from the Bishops of Raphoe Killala and Fearnes to the Earl of Westmeath and other Officers Sirs YEsterday We have received an Express from the rest of our Congregation at Galway bearing their sense to suspend the effects of the Excommunication proclaimed by their Orders till the service of Athlone be performed fearing on the one side the dispersion of the Army and on the other having received most certain intelligence of the Enemies approach unto that place with their full force and number of fighting men and thereupon would have us concur with them in suspending the said Excommunication As for our part we do judge that suspension unnecessary and full of inconveniencies which we apprehend may ensue because the Excommunication may be obeyed and the service not neglected if People were pleased to undertake the service in the Clergies name without relation to the Lord of Ormond or any that may take his part yet fearing the censure of singularity in matters of so high a strain against us or to be deemed more forward in excommunicating than others also fearing the weakness of some which we believe the Congregation feared we are pleased to follow the major vote and against our own opinion concur with them and do hereby suspend the said Censure as above Provided alwayes That after that service performed or the service be thought unnecessary by the Clergy or when the said Clergy will renew it it shall be presently incurred as if the said Suspension had never been interposed And so we remain Your affectionate loving Friends in Christ Jesus Walter B. Clonfert Charles Kelly Corbeg Sept. 16. 1650. Our very good Lords and Sirs THE Colonels Mr. Alexander Mac Donnel Bryen O Neill and Randal Mac Donnel like obedient Children of Holy Church have offered themselves to put up for the Clergy and that before Publication of the Declaration and Excommunication God will bless their good intentions They go now to join with you on this side of the Shannon and by making one Body to put forward our cause This is the best way we can think of to encourage the well-affected and curb the malignant and obstinate The Lord Bishop of Killaloe being taken Prisoner by the Lord Lieutenant the Cavaliers would have had him forthwith hanged if his Excellency had given way thereunto His Excellency is giving Patents to as many Catholicks as are Excommunication-proof Ireland is an accursed Countrey that hath so many rotten members Though things go hard with us God will bring the work to a good end When you meet with those Colonels confer of what service to take in hand Est periculum in mora Praying to God to protect you in your wayes we remain Your very loving Friends Joan Rapotensis Fran Alâ—â—â—usis Nich Fernensis Galway Sept. 21. 1650. To our very good Lords the Earl of Westmeath the Lords Bishops of Leghlin Cloanmacnoise and Dromore Sir James Preston Knight Colonel Bryen Mac Phelim Colonel Lewis Moore Colonel Arthur Fox and the rest of the Commanders of the Leinster Forces By which expressions it appears That however their practises found Subjects fit to be wrought upon in the Cities and Towns and some loose people in the Countrey addicted to Rebellion and Rapine for such are all those they have still esteemed obedient Children of Holy Church yet had they not power to draw together any considerable Party to set up their new Government only they were able to hinder the established Government from opposing the Enemy To conclude this Head Would any man that had never so little care of a Peoples welfare or foresight of what tended plainly to their destruction have set them loose from all Government Civil and Martial at such a time when a potent Enemy was in the Field and never tell them when they should follow or obey If it be said they made provision for it in their Declaration it will readily be answered That they are only thereby directed to return to their Association and until a General Assembly of the Nation can be conveniently called together unanimously to serve against the Common Enemy But under what conduct they are to seek from a Congregation In the mean time if those with Us in the County of Clare and under the Lord Marquess of Clanrickard had obeyed this wild direction or taken occasion to disperse the Rebels had passed the River of Shannon at both ends and spoiled both Assembly and Congregation The grounds of their proceeding to an Excommunicating of
it was to be feared he would be able to corrupt many of the English Which considering the Treasure he brought with him and the want We were in might as reasonably be apprehended as that Owen O Neil and his Party should have become mercenary to Sir Charles Coote Persuaded by these Arguments delivered by the whole Council of War We were resolved to continue before Dublin and to endeavour to approach near unto it to the end to take from them within the conveniency of Grazing betwixt Our Camp and their Works Which if it had been effected their Horses being 1200 must in Three dayes have starved and then the benefit of the Sea would have been with much ease taken from them Which would so much have discouraged all their Souldiers that it was probable they would in a few dayes more have forc't their Officers to a Treaty and surrender of the City It was then conceived that Baggatrath was the fittest place to be fortified But before We gave order for it We sent the Earl of Castlehaven General Preston Sir Arthur Ashton and Major General Purcell to view it who returned unto Us approving the place as in all respects fit for Our purpose We then gave the Major General order to command thither in the beginning of the Night 1500 Foot with materials to fortifie which was the number advised to be sent by those persons that had seen it In the morning at day-break We went thither and finding the Work not advanced to Our expectation found fault therewith The Major General told Us That he was so misguided from the Camp thither which was not an English mile that he came not to the place till an hour before day Yet such was the natural strength of the place that being helped with a few hours work We conceived it might very well be made good against any attempt of the Enemy But the better to secure it We put the whole Army in Arms and appointed it to be drawn down near Baggatrath shewing every General Officer where his charge was and appointing the drawing down some Cannon to an eminency of ground commanding the same and some of the Fields leading from Dublin thither And then having been up all Night partly in writing of dispatches and to be in the better readiness in case the Enemy upon discovering Our men marching should sally We retired to take a little rest which was about Nine of the Clock About Ten We wakened with the noise of shot and before We could get on Horse-back Our 1500 men were beaten out of Baggatrath and soon after was Sir William Vaughan kill'd and the Horse with him routed Whereupon all those in the left wing except Our Brother's and Colonel Miles Reylye's Regiments ran away without once facing the Enemy and as was alledged which We have not heard disproved against their Officers uttermost endeavour In short The Rebels gained Field after Field till they came up to the Ordnance and thence into the Rear of Us standing in a Field with a Party of Foot commanded by Colonel Gifford who gave very good fire upon them for awhile but upon discovery of another Party of the Rebels marching up to their Front some called for Quarter others threw down their Arms and some continued shooting Then We quit the Field and endeavoured but in vain several times to rally the Horse These are the grounds for continuing the blocking of Dublin and this is briefly as much of the manner of the defeat as We were witness of and can readily call to mind That His Majesties Army on that side the River attempted by the Rebels was far more numerous than the Rebels is not true for the Rebels were effectually 4000 Foot and 1200 Horse and the Army encamped at Rathmines was not stronger in Horse or Foot We deny not but that the defeat may reasonably be ascribed to the Faithlessness Negligence Ignorance or Cowardize of some of the Officers and Souldiers Nor have We ever read or heard of any defeat given where the encountering numbers were near upon equal but the defeat was ascribed to one or more of these failings And yet it is for the most part found difficult and many times unfit to fix the blame where it may most justly be placed But that the Peoples belief of this is fortified for that no search or inquiry hath since been made by a Court or Council of War of the deportment of the Officers is an argument sutable to the malice and misconstruction all Our actions have met with If the Officers were not fit for the employments given them they were yet of those instanced to Us by the General Assembly And if new raised men under expertless Officers accompanied with a general want of all things necessary for support offence and defence have been beaten by a like or less number of old well armed experienced and continually garrisoned Souldiers the wonder is not great nor the accident rare even in this Kingdom and where We have commanded the prevailing Party If We could have had the freedom in election of Officers and power to have garrisoned them and their Souldiers where We might have overlooked them and caused them to have been exercised as We have alwayes in vain desired it might yet have pleased God to have disposed of the Victory as He did but then We might more justly than now have been charged with a failure on Our part But to return to what follows and clear the next Objections it will be necessary that We set down what We did presently after that defeat When We found it impossible after Twelve miles riding to head any considerable number of the scattered Horse and that as fast as VVe could rally them they broke from Us VVe immediately directed Our Letters to those VVe had left on Finglasse side of Dublin and that had not that day seen the Enemy being the Lord Dillons Sir Thomas Armstrongs the Lord Moores and Lieutenant Colonel Purdons Regiments of Horse Colonel Warrens Colonel Walles and Colonel Michael Byrnes Regiments of Foot to march immediately the one half to Drogheda and the other half to Trym for the security of those places and went Our Self to Kilkenny to rally what VVe could of the Army and to raise what new Forces VVe should be able This was accordingly done and the day seven-night after the defeat VVe marched out of Kilkenny with what strength of Horse VVe could make to relieve Drogheda before which Jones was sate down Upon Our approach to Trym with about 300 Horse which was all We could in that time rally he raised his Siege and We went into Drogheda During Our being there Cromwel landed with his Army on or about the 15th of August not a full Fortnight after the defeat of Rathmines It was then plain We were to be on the defensive part of the War and that he would draw forth suddenly to recover those places We had gained And first We were assured he purposed to attempt