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
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
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
with these Irish Bishops I never found any of them either to speak the truth or to perform their promise to me only the Bishop of Clogher excepted for during the little time he lived after his submission to the Peace and Commission received from me I cannot charge him No could I choose but be mightily troubled when I heard from His Graces own mouth and on that occasion and before another witness too such a character of so many Roman-Catholick Prelates even all the Archbishops and Bishops of the whole Nation being Five or six and twenty or thereabouts For I know there was no man alive had reason or the opportunities and occasions to know them better than he did no man that try'd them more to the quick even in the weightiest matters could be and I knew very much of their failings my self and was no less certain even by the experimental knowledge I my self likewise for so many years ever since 1648. had of His Graces veracity That he spoke his own inward Conscience in that testimony how general and pungent soever and therefore I concluded That surely he must have very much prejudice against a Religion or Church that was chiefly and generally throughout a whole Nation governed by such spiritual Guides And this Conclusion which I derived then presently was it that so much troubled me when I heard him speak that his testimony and withall observed not only his action or gesture viz. how at the same time he laid his hand on his breast but even his religious asseveration in these other words As I am a Christian premitted to the said either testimony or whatever else you please to call it whether Declaration Answer Observation or Complaint Of which action and asseveration I took indeed the more special notice then and now again do take here that I never observed him before or after on any occasion whatsoever to have averr'd or denied any thing in that manner i. e. either with any such laying of his hand on his breast or any such calling his Christianity to witness as neither in truth with any other kind of Oath As for the rest not only my trouble but my wonder for I did also wonder much those Irish Bishops generally could have been such men had been very much less even at that very time had I before seen his long and excellent Letter of all the Transactions 'twixt him and those Bishops but for two years only i. e. from the year 1648. to the 29th of October in 1650. written by Him as Lord Lieutenant of Ireland from Kilcolgan the second of December 1650 to the last General Assembly of the Three Roman-Catholick Estates of that Nation which very Letter I do now for the reasons given in my Preface communicate to publick view in Print annexing it by way of Appendix to this present Work or First Tome in the end thereof But to leave this digression of my own thoughts or passions and return to the prosecution of what besides speaking of his remembrance of matters past the Lord Lieutenant gave me of His Commands upon the foresaid occasion of my relating how the Bishop of Ardagh had to the Fathers misreported His Grace's answer what I am now to tell is That His Grace even at that very time commanded me to go presently to the said Bishop of Ardagh and to the Bishop of Kilfinuragh the Chairman too and let them know from Him That He would speak to them both together before they left the Town For he took the said misreporting of His answer so much to heart That He was resolved not only to expostulate with them for that disingenuity but even to rebuke them for it in presence of half a dozen Noblemen and Gentlemen of their own communion to the end he might have Witnesses enough and such men too against whom those Bishops could take no exception and so dismiss them free to stay or go whithersoever they would And this and no other was the design of that Command given me as even himself declared then But Kilfinuragh it seems too conscious to himself all along for the design he drove and carried in the Congregation prevented this Message by shifting presently his Lodgings as soon as the House dissolved For so Father John Burk the Vicar-General Apostolick of Cashil another great Intriguer though in all things else dull enough told me just as I was in my way to find Kilfinuragh out as moreover he told me it was to no purpose for me to seek that Bishop because he was either by that time out of Town or would suddenly be and that in the mean time if he was not already gone he would not have the place of his retirement known Which being related to the Lord Lieutenant His Grace presently sends Mr. William Summers chief Clerk in Secretary Lane's Office to the Bishop of Ardaghs Lodgings at his brother Sir Nicholas Plunket's house and not to him only but to the Primate also where he lodged with an express Command to them both not to stir out of Town till further orders this Messenger being further directed That in case he found them not within he should leave that Command at their Lodging to be notified to them immediately on their return Which being accordingly received by them and their trouble thereat signified to me I went to see them both and quieted their trouble by letting them know what the occasion and end of it was that there was no further hurt intended them or either of them but that of a bare verbal expostulation that after such they should be as free to go where they pleased as before and that in the mean time there was no hardship in their restraint which allowed them the liberty of a great City and Suburbs and pleasant Fields on every side thereof Yet the Primate whether more conscious to himself for any late design than Ardagh I know not was so fearful to transgress That from that day he never once dared to walk abroad into the Fields lest it should be interpreted a breach of his duty or of that Command laid on him Within a few dayes the Lord Lieutenant parting for some weeks to Kilkenny before His departure sends for me and tells me He had somewhat more to say to the Primate than I knew yet And then commands Sir George Lane Knight His Grace's chief Secretary to lead me into His Closet and shew me that part of a certain Letter which concern'd the said Primate Reilly Sir George did so and therein shews and reads to me how the Earl of Sandwich Ambassador for the Crown of England in Spain had inform'd thence That as he passed through Gallicia to Madrid the Roman-Catholick Irish Bishop of Ferns inform'd him of Edmund Reilly the Roman-Catholick Archbishop and Primate of Ardmagh's being gone to Ireland from France and with a real purpose and out of meer design to raise the Irish again into Rebellion or at least to prepare for it by all
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
all that should feed help or adhere to Us are set down in their Declaration * See before page 65. in the former Appendix of Instruments where you have this Declaration at length both Preamble and Fifteen Articles thereof entirely and consequently without interposition of any other matter After which also you have there pag. 70. the Excommunication before mentioned of the 12th of August intituled A Declaration of the Archbishops Bishops and other Prelates and Dignitaries of the Regular and Secular Clergy of the Kingdom of Ireland against the continuance of His Majesties authority in the Marquess of Ormond Lord Lieutenant of Ireland for the misgovernment of the Subject and the ill conduct of His Majesties Army and the violation of the Articles of Peace at Jamestown in the Convent of the Friers Minors the 12th of August 1650. That in this Title they assume unto themselves a power to declare against the continuance of His Majesties authority where he hath placed it needs no further proof than the reading of it But whence they derive their pretence to this power We find not any where expressed nor by whom they are constituted Judges of the misgovernment of the People the ill conduct of His Majesties Army or of the violation of the Articles of Peace For the misgovernment of the People and ill conduct of His Majesties Army We acknowledge no earthly competent Judge of Us but His Majesty and the established Laws And for the violation of the Articles of Peace by the consent even of all those Bishops unless there be gotten amongst them some that opposed the Peace and joined with those that assisted the English Rebels as long as they could give them hire the trust of looking to the observance of the Articles of Peace was reposed by the General Assembly with whom the Peace was concluded in Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Dr. Gerald Fennel Esquires as appears by the said Articles Whereby we suppose it is clear That as the Bishops have arrogated to themselves an unwarranted power to declare against the continuance of His Majesties authority where he hath placed it and to be Our Judges in the government of the People and conduct of the Army wherein VVe doubt whether their skill be answerable to their desire to try it so have they as unwarrantably taken upon them to judge what is or is not a violation of the Articles of Peace and in all they have endeavoured to invade and usurp both upon King and People bereaving the one of Royalty and the other of Freedom Now supposing they were the Monarchs they would be let the grounds of their Excommunication set forth in all that VVe have seen be duly examined and it will be found that their sentence is most unjust So that as their Tribunal is usurped their Judgment is erroneous VVe begin with the Preamble of the Declaration in these words Preamble of the Declaration THE Catholick People of Ireland in the year 1641. forced to take up Arms for the defence of Holy Religion their Lives and Liberties the Parliament of England having taken a resolution to extinguish the Catholick Faith and pluck up the Nation root and branch a powerful Army being prepared and designed to execute their black rage and cruel intention made a Peace and published the same 17th Jan. 1648 with James Lord Marquess of Ormond Commissioner to that effect from His Majesty or from His Royal Queen and Son Prince of Wales now Charles the Second thereby manifesting their Loyal thoughts to Royal Authority This Peace or Pacification being consented to by the Confederate Catholicks when His Majesty was in restraint and neither He or His Queen or the Prince of Wales in condition to send any supplies or relief to them when also the said Confederate Catholicks could have agreed with the Parliament of England upon as good or better conditions for Religion and the Lives Liberties and Estates of the People than were by the above Pacification obtained and thereby free themselves from the danger of any Invasion or War to be made upon them by the power of England where notwithstanding the Pacification with His Majesty they were to dispute and fight with their and His Enemies in the Three Kingdoms Let the world â—udge if this be not an undeniable argument of Loyalty The Peace being so concluded the Catholick Confederates came sincerely and chearfully under His Majesties authority in the person of the said Marquess of Ormond Lord Lieutenant of Ireland plentifully providing vast Sums of monies well nigh half a Million of English pounds besides several Magazines of Corn with a fair Train of Artillery great quantity of Powder Match Ammunition with other materials for War After His Excellency the Lord Lieutenant frustrating the expectation the Nation had of his Fidelity Gallantry and Ability became the Author of almost losing the whole Kingdom to God King and Nation Which he began by violating the Peace in many parts thereof as may be clearly evidenced and made good to the world ANSWER Concerning their motives of taking up Arms in the year 1641 We shall say nothing But since they begin so high with their Narrative as the year 1641 it will not be amiss to mind them That betwixt that and the year 1648 there was by Authority from His Majesty and Our Ministration several Cessations and at length a Peace concluded with the Confederate Roman-Catholicks in the year 1646 which Peace was shamefully and perfidiously violated by the instigation and contrivement of most part of these Archbishops Bishops Prelates and others of the Secular and Regular Clergy and that not in slight and strained particulars such as We are now charged with by them but by coming with Two powerful Armies before the City of Dublin upon no provocation from Us unless they esteemed the continuance of a Cessation for about Three years with them and the bringing them a Peace to their own doors such a provocation as deserved their bending their united power against Us leaving other parts that neither had nor would have Peace or Cessation with them unmolested and at liberty to waste their quarters whil'st they devoured Ours and sought Our ruine This as a particular blotting their name and memory with the everlasting infamy of Perfidy Ingratitude and undeniable Disloyalty they have reason to leap over in their Preamble least they should awaken the Curses of those multitudes of People who being seduced into so horrid a violation of Publick Faith by their impious allurements and hellish Excommunications are thereby become desolate Widows helpless Orphans and miserable Exiles from the place of their birth and sustenance True it is That His late Majesty and His now Majesty then Prince of Wales overcoming
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
the first example by subscription of their loyal principles And that they should not think of any other form but of that already subscribed or at least of none which came not home as fully as that in all respects as to the sense if they would needs alter the words The Bishop of Meath by Letters of the 6. of October 62. and the Vicar Apostolick of Dublin by his also of 27. of September 62. and some other Vicars General from several parts answered the Procurator with complements only and put offs to a General or National meeting of the Clergy which they pretended to desire as they further pretended a necessity that the Procurator should prevail with His Grace the Lord Lieutenant for his permission and this too under his Graces hand for such a meeting not giving any assurance or promise at all as much as of their own endeavours of a general or as much as of their own particular concurrence to that was demanded of them if such a licence could be obtained The Franciscan Chapter seemed to be to little concern'd in that business that they did not as much as treat once or debate in publick of it Only their Provincial Father Docharty after private communication with some of them writ back to the Procurator that he and others of the most leading men would meet him after Christmass in a place near Miâ—â—â—ferâ—an in Westâ—â—â—li some fourty miles from Dublin to conferre of that matter and other things XVII But the Dominicans though to no great purpose debated it publickly in their said Chapter Father Iohn Reynolds the bearer of Father Walshes Letter to them having first declared to his Provincial there That himself and some others of his Order had already subscribed The opposition was fierce and violent of most especially of some on pretence that the doctrine of the Remonstrance was point-blanck contrary to the position of St. Thomas of Aquin the Angelical Doctor and Director of al their Schools and whose doctrine their Masters had sworn to maintain And the said Father Reynolds found none to second himself but Father Clemens Birne Prior of Villanova or Newtowne an old Monastery in Ulster and County of Downe who there declared himself positively and one more besides the Prior of Slige Father Felix Conox who likewise but timorously declared that he saw no evil in that Remonstrance The result was to frame one of their own Albeit the Franciscans complained soon after of them grievously therefore or as attributing that form they pitched on there to their Dominicans Order or making use thereof as such which was none of theirs but framed by the Franciscans as intended for and in the behalf of themselves But however this be or be not I am sure the contest was ridiculous For this new form signified a meer nothing whoever was Author thereof And yet this Chapter of the Dominicans although told so publickly there by some of their own members would needs flatter themselves and hope to abuse my Lord Lieutenant with it as if His Grace did not understand English words or knew not how to distinguish twixt general unsignificant expressions and those special ones were proper to come to the purpose Wherein least they should be mistaken as they were told they were at last they came to this final issue That in case my Lord Lieutenant would not accept of this their new form and that His Grace would peremptorily expect their subscription to the Remonstrance sign'd at London their Provincial Prior Iohn O Hart should by common consent of all the Chapter be impowered to call together after their dissolution and when the Dukes answer were known four Priors of the next adjacent Convents Father Felix Connor Prior of Sligo Father Richard Madan Prior of Porâ—umna Father William Burke Magister Theologiae Prior of Rathbranum Father Iohn Birn Prior of Roscommon and together with these four to determine of their subscriptions to the first Remonstrance and finally to resolve pro or con whether they should subscribe that or no And that all the rest of the Religious of that Order in Ireland should effectually conform to such their determination whatever it should be Hereupon they framed signed and sent their Letter and Remonstrance inclosed therein by the said Father Reynolds to His Grace and their Provincial another from himself in all their behalf to the Procurator But out of too much wariness and because they foresaw their said letter or Remonstrance would not be acceptable as not comming at all to the purpose and dwelling only in generals and unsignificant expressions and having no real purpose as their carriage ever since proved sufficiently they had not to come at any time thereafter unless by compulsion and fear to any other truly material they would not annex to their several names their several titles of Priourships or of the places or Convents whence they had their denomination and where they resided fearing that if they had they might be looked after and found out the more easily their own conscience or knowledge of their own resolution making them so to apprehend fear where there was no fear at all as the Psalmist sayes The tenour to a word of both or of their said letter subscribed only by 〈◊〉 hands in the behalf of the rest and Remonstrance therein enclosed but subscribed by them all who were 24 besides the said Father Iohn Reynold who singled himself in that of such application or subscription from them because he had already for himself and those others of his way done much better I give here as I will hereafter all other the several though alike unsignificant Remonstrances offered by others that the Reader may throughly see the intrigue and satisfie himself by knowing so many particulars of it For his Grace the Duke of Ormond Lord Lieutenant general c. Gracious Sir LEast our silence in this desired and most happy time wherein his Sacred Majesties Subjects strive to manifest their loyaltie unto their natural King and Soveraign Charles the Second should draw upon us any suspicion prejudicial unto our Loyaltie to him or give waye to his sometimes and still our adversaries to brand us with the vile spott of any disloyaltie we the whole body of St. Dominicks Order in Ireland do present unto your Grace the inclosed Remonstrance ready to seal and sign the same with our dearest blood most humbly desiring it may be as favourably accepted by your Grace as cordially presented by those who will never cease to pray for your Grace his good preservation and prosperitie Gracious Sr. Your Graces humble Servants F. Iohn Hart Provincial F. Lawrence Kelly Diffinitor F. I. Burgate Diffinitor F. Eugenius Coigly Diffinitor F. Richardus Maddin Diffinitor October the 15. 1662. The humble Remonstrance of the Dominican Friers in Ireland WHereas the Divine natural and human law dictates that all Subjects should heartily congratulate the prosperity and felicity of their natural King it is most just that all the Irish
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
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 Lay-people of the same extraction to any design of such nature than a whole Hundred if not than a Thousand of the other could or can Which being well enough known to the Roman Court is it indeed and no other consideration at all of justice or equity in the case hath made that Court as sometimes informer dayes when the carrying on of their designs requir'd it so lately again since the year 1668. seemingly for some part and only for the present occasion and necessity decline Ferral's advice in that one point of such a National distinction so universally taken or observed without any discretion But to leave this digression how useful soever and come to a conclusion of all I would be at to answer the first Querie proposed in the beginning of this Section you are now in the last place to observe what did and must have followed or been annexed to so many other causes or so many other previous influential and effectual both dispositions and predeterminations viz. 13. That while those Loyal Irish Ecclesiasticks who in the grand Controversie with the Nuncio declared and stood firmly against him were every day more and more wasting and decaying at home since the coming in of Owen O Neill â—s Party about the end of the year 1649. but much more also abroad since they had been forc'd to Forreign Countries on the other side the Nuncio Party both Regular and Secular not only at home for the generality of them preserved themselves from the undistinguishing Sword of the Parliament Souldiery by retiring still into the fastnesses of the Countrey Boggs and Woods and Mountains in their own quarters when the former as being most of them Natives and Inhabitants of the Cities Corporations and other the more civilized Champion Countries seized first by the Parliament could not or would not do so but abroad in other Countries recruited mightily as having all the Superiours of their Faction and all the Irish Monasteries and Seminaries in their possession and all the authority and power of the Court of Rome to favour them and recruited so mightily I say by a young Frye of their own inclinations received into the Monasteries Colledges and Seminaries bred and brought up throughly paced in their Principles than ordered Priests Professors Confessors Preachers c. and after that besides very many of the old ones their masters sent home as so many Apostles into Ireland one after another as soon as there seem'd any quiet or harbour for them there even many of them before the King had been restored but in far greater numbers immediately after His Restauration Behold Reader in Thirteen several Heads and most of them complex and all mark'd or distinguish'd by so many arithmetical numbers in the margin a final full and satisfactory Answer to the former of the two Queries you have in the beginning of this incidental or occasional Section that former being in effect this How it came to pass that so many Irish Ecclesiasticks of the Roman Communion both appeared and prevail'd so as they did against the Pope â—s Nuncio in Ireland and all his Party and Censures in the year 1648. and yet now for so many years after His Majesties happy Restauration of so great a Body as at least 2000 Irish Ecclesiasticks at home in Ireland Sixty nine onely have been found to appear professing openly as much as in Temporals their due Allegiance to His Majesty by Signing the Loyal Irish Remonstrance presented to His Majesty in the year 1661 For although I have of purpose and to avoid too much prolixity omitted many things more which might have been truly and materially said in answer yet I am sure I have said enough here to inform any rational indifferent person how or by what means that which is demanded or enquir'd after came to pass on either side and how so great a change of the Irish Clergy happen'd in Fourteen years from 1648. to 1662. for in this year 1662. the grand opposition which continues ever since against the Remonstrance begun And have given enough of the true motives occasions causes and degrees of that change And further yet have said enough to persuade any indifferent man that the whole of those very motives occasions means causes and degrees of either side may be reduced to or referr'd as springing from one of these two more general causes 1. The Civil Magistrates Authority Power Sword being careful and vigorous and executive in supporting and protecting those Ecclesiasticks that stood firmly for it against the usurpations and encroachments of Rome and likewise in prosecuting and punishing all other Ecclesiasticks who being meer dependents of and Emissaries from the Roman Court were manifestly known to undermine the Civil Power and Magistracy 2. The same Temporal Magistrates or Governours being grown careless or remiss therein or having not force or strength enough left to execute and having at last through Gods unsearchable pleasure or permission been utterly disabled ruined and come to be no more if not in title only the Magistrate or Governour The former is sufficiently grounded in what you have before from number the 1. to number the 6. And albeit the latter even as to all Parts be also in the following numbers or paragraphs abundantly shewn yet I think it not amiss to give more particularly yet of the First Part and perhaps Second too thereof the very first original and manifest proof whence all the rest followed which I my self as having been singularly concern'd have observed when it was but yet under deliberation It is and was the weakness of our Temporal Government in yielding in the year 1648. to Owen O Neill and Bishop of Clogher's demand as the first preliminary Article of their Treaty with the Marquess of Ormond then His Majesties Lieutenant of Ireland That all who had opposed the Nuncio's Censures or in their behalf the Twelve Roman-Catholick Commissioners of Peace should humbly Petition the Pope for a general Absolution from the said Censures Indeed Ferral sayes in his Book to the Congregation de propaganda it was absolutely the very first of the Articles concluded then by Owen O Neill's Party without mentioning whether it was only preliminary or otherwise This much I know That when after the fatal breach at Rathmines and taking of Droghedagh by storm and the revolt of the Sea Ports in Munster and the march to and storm and surprizal of Wexford by Cromwel and consequently after Owen O Neill's further application to the Parliament of England had been rejected and the Cessation with him notwithstanding his service to them had expired that when I say in this conjuncture the Lord Lieutenant then Marquess of Ormond had sent the Bishop of Ferns and Sir Nicholas Plunket as Commissioners to offer Conditions to and treat and conclude with Owen O Neill and the Army and Party till then siding with him these two Commissioners writ back to Kilkenny and either to his Excellency or to the rest of those called
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
of giving the foresaid protestation of fidelity in more pleasing words was not wanting which yet are no way able or fit to remove the mischief But to those who having past the bounds of modesty after so many vain endeavours peradventure glory to have had this last success of the designed Assembly His Holiness doth threaten sore divine revenge if they turning from wicked thoughts do not abstain from such enterprises In the mean while I in the name of the whole Congregation set over your affairs do exhort you that the opinion of your fortitude and faith and the concern of your Salvation be above all things taken by you to heart and that you pay a grateful return of good offices to the Roman Church which hath begot you in Christ The rest is that you all hold for certain you are singularly beloved by our most Holy Lord who by prayers all set on fire with duty and Charity most earnestly begs of the most High God that you may from those unhappy thickets of briars and wild Forrests of danger be brought to the pastures of the Lord. Rome April 24. 1666. Your most loving in the Lord Francis Cardinal Barberin The second Letter or that which was from Rospigliosi dated at Brussels May 13. same year 1666. to the Clergy alone superscribed thus Reverendissimis ac Venerabilibus Dominis Episcopis Vicariis Sedium Vacantium reliquo Clero Hiberniae And proceeding thus Reverendissimi ac Venerabiles Domini PUritas Fidei Catholicae quae inter tot pericula aerumnas illaesa permansit in Regno Hiberniae efficit ut omnes Apostolici Administri merito habeant fideles illos pro dilectissimis Sanctae Sedis filiis tenerrimo effusoque studio erga res eorum afficiantur Ego qui non ex merito sed ex mera Sanctissimi Domini Nostri beneficentia eumdem characterem sustineo meaeque curae commissam habeo directionem negotiorum Vestri Regni sentio mihi adeo acriter praecordia convelli ut lachrymas continere nequeam dum perpendo Nationem illam quae caeteris hactenus illustre constantiae exemplum fuit cuivis temporali commodo praetulit semper conservationem orthodoxae Religionis divini cultus augmentum majorem gloriam Dei nunc versari in periculo ob insidias quorumdam a Patre Iniquitatis humani generis hoste seductorum contaminandi illam eamdem Fidem cujus splendorem per totum Orbem tot tam praeclare gestis hactenus conata est conservare augere Eo quidem tendit Juramentum ad quod subscribendum Valesius Caronus per varias technas satagunt persuadere Ecclesiasticos sicque illos facere Instrumenta causam Damnationis caeterorum Iste est finis ob quem tanto nisu promovent congressum Dubliniensem Et quamvis fingant se moveri zelo fidelitatis debitae Regi satis patet esse merum fucum ad bonos decipiendos quoniam abunde notvm est compertum omnibus quam firmiter radicatum in animo affectum reverentiam obedientiam habeant erga Serenissimam Majestatem suam ac ne optari quidem posse documenta ampliora iis quae hactenus exhibuerunt Et si quid praeterea tentant Valesius Caronus spectat non ad augendam fidelitatem Populorum erga Principem sed ad exterminandam puritatem Catholicae Religionis cujus destructivum est praefatum Juramentum consequenter ad cunctos fideles Hibernos in lachrymosam ac perpetuo deflendam erniciem detrudendos Quanto gravius est periculum tanto amplius meritum acquiret penes Omnipotentem Deum quicumque animo zeloso constanti suavique ac prudenti moderamine remedium opportunum attulerit imminenti periculo Neque possunt oves alio quam vestro praesidio defendi a morsu laetali pravae suggestionis quoniam ob eruditionem dignitatem Sacerdotalem vos praecipue venerantur suspiciunt eademque ratione tenemini earum saluti enixe sedulo consulere Igitur vos in visceribus Christi rogo obtestorque ut tot praesentes tot posteros vestros Conterraneos ab interitu ac casu irreparabili revocetis ne Christus Dominus in durissimo judicio iis qui praesunt faciendo districtam a vobis rationem indiligenter peractae villicationis exigat Nec plura addere operae praetium duco cum causa ipsa quae Dei Cultum Salutem Patriae honorem Generis vestri inseparabiliter attinet zelum vestrum per se incendat excitet adhortetur Finio igitur Altissimum orans ut vos gratia sua praeveniat sequatur ac bonis consiliis jugiter praestet esse intentos Bruxellis 13 May 1666. Reverendissimi ac Venerabiles Domini Vester Devotissimus Servus ad omnia officia paratissimus Jacobus Rospigliosi Abbas S. Mariae Internuncius Apostolicus The Superscription was Reverendissimis ac Veneralibus Dominis D. Episcopis Vicariis Sedium Vacantium reliquo Clero Hiberniae Rendered into English the Superscription in these words To the most Reverend Lords Bishops and the Venerable the Vicars of the vacant Sees and the rest of the Clergy of Ireland And the inner Contents as here Most Reverend Lords and Venerable Sirs THE purity of Catholick Faith which amongst so many dangers and tribulations remain'd without stain or spot in the Kingdom of Ireland makes all Apostolick Ministers to esteem those faithful deservedly the most beloved sons of the Holy See and to have a most tender and affectionate regard of all their Concerns I who through no merit of my own but out of the meer beneficence of our most Holy Lord bear the character of such a Minister and have the direction of the affairs of your Kingdom committed to my charge feel my bowels so grievously pull'd and torn in pieces that I cannot forbear weeping when I consider that Nation which to all other Nations hath been hitherto an illustrious example of constancy and which before all temporal advantages hath alwayes preferr'd the conservation of Orthodox Religion increase of Divine Worship and greater glory of God to be now in danger through the wiles of some seduced by the Father of iniquity the Foe of humane kind of contaminating that very Faith the splendor of which throughout the whole earth by so many and such glorious deeds it hath hitherto endeavoured to preserve and increase To that indeed tends the Oath to the subscribing of which Walsh and Caron by so many subtle arts labour to persuade the Churchmen and so make them Instruments and causes of the damnation of others That is the end for which they use such great endeavours to promote the Dublin Assembly And albeit they feign themselves moved out of zeal of fidelity due to the King yet this appears sufficiently to be but meer false dye to deceive the good because it is abundantly known and manifest to all what affection reverence and obedience and how firmly rooted in their very Souls towards His most Serene Majesty
the Irish have and that greater arguments hereof than those they have already given may not even be wished for And if any thing besides Walsh and Caron do attempt it looks not towards strengthning the fidelity of the People to their Prince but towards exterminating the Purity of Catholick Religion whereof the foresaid Oath is destructive and consequently towards forcing all the faithful Irish to deplorable and ever to be lamented ruine By how much the more grievous the danger is by so much the greater will his merit be with Almighty God whoever shall by means of a zealous and constant resolution and of a sweet and prudent moderation bring a timely and fit remedy against so great and imminent a danger Nor can the sheep by any others help or care but yours be defended from the deadly bite of wicked suggestion because for your erudition and sacerdotal dignity they venerate and esteem you chiefly and for the same reason you are bound to look diligently and earnestly to their salvation Wherefore in the bowels of Christ I pray and beseech you that so many yet surviving so many of their posterity hereafter to come your Countreymen you revoke and keep from death and irrecoverable destruction least Christ our Lord in his most regorous judgment even that which must be expected by all those placed over others may require of you a strict account of your Stewardship indiligently performed To add more I do not think it worth the while whereas the cause it self which to the service of God safety of your Countrey honour of your Extraction is seperably tyed doth of it self exhort excite and inflame your zeal I conclude therefore praying the most High that he may with his Grace both prevent and follow you and work with you so that you may always be intent to good Counsels Bruxels May 13. 1666. Most Reverend Lords and Venerable Sirs Your most Devoted Servant and most ready for all offices James Rospigliosi Abbot of S. Mary Internuncius Apostolical Third of these Letters or the said Internuncio Rospigliosi's to the Bishop of Ardagh but to be communicated to the Bishop of Kilfinuram and to all the Vicars Apostolical and Capitulary of the Kingdom superscribed thus Reverendissimo Domino Domino Episcopo Ardachadensi Then proceeding thus Reverendissime Domine EX adjunctis Eminentissimi Cardinalis Barberini ac ex proprio zelo Reverendissima Dominatio Vestra cognoscet quam gravis ac damnosa futura sit Catholicae Religioni subscriptio protestationis propositae a Valesio Carono ac indictus in eum finem ipsorum opera Conventus Dublinii Et quamvis hoc pessimum in Ecclesiam Sanctam consilium conentur palliare specioso praetextu obsequii ac fidelitatis erga Regem apparet esse merum fucum seducendis animabus adinventum cum certum sit ipsum Christiani nomen requirere ut qui eo gloriantur in praedicta fidelitate non solum Religiosi sint exacti sed caeteris exemplo praeluceant nec dubitandum sit unumquemque quo parius Religionem Orthodoxam coluerit eo observantiorem fore Regiae dominationis quemadmodum Hiberni ipsi hactenus plane testatum fecerant Partes Reverendissimae Dominationis Vestrae sunt id serio inculcare omnibus ratione numeris Episcopalis sibi a Christo Domino per ejus in terris Vicarium impositi ac curare ne ejus Conterranci sinceritatem fidei quam inter acerrimas persequutiones illibatam servarunt nunc primum juramento praedicto adulterent Et sane si secus eos facere contingat facile malevoli nunc apud Posteros id detorquebunt in culpam tepiditatem eorum quj Regimen Ecclesiasticum obtinebant uti vice versa novum sibi meritum coram Deo totaque Natione acquiret si sua cura Authoritate conatus falsorum fratrum subverterit Censeo quidem me Reverendissimae Dominationis Vestrae ornamento existimationi dignitati consulere dum haec ipsi propono Dignabitur praesentem Eminentissimi Cardinalis epistolam communem facere etiam Reverendissimo Finniborensi si degat in Regno ad eum enim non scribo quia extra morari dubito pariterque Dominis Vicariis Apostolicis ac Capitularibus Regni quibus commode poterit Reverendissimae Dominationis Vestrae responsum expecto ea anxietate qua facile me teneri credet tamquam Ministrum Apostolicum câ—i res Hiberniae incumbunt tamquam Catholicum quo solo nomine tenemur omnes proximorum saluti in vigilare Hac occasione Reverendissimae D. Vestrae in eius merita cultum in obsequium propensionem addicens diutissimam apprecor sospitatem Bruxellis May 13. 1666. Reverendissimae D. Vestrae Devotissimus Servus Jacobus Rospigliosius Abbas S. Mariae Internuncius Aplicus Rendred in English Most Reverend Lord OVT of the annexed of Cardinal Barberin's and your proper Zeal your Lordship will know how grievous and hurtful to Catholick Religion the Subscription of that protestation proposed by Walsh and Caron and the Assembly to that end through their endeavours summon'd to be held at Dublin will be And albeit this their worst of counsels against Holy Church they labour to cloak under the specious pretext of obedience and fidelity towards the King it appears to be meer paint invented for the seduction of Souls whereas it is certain the very name of a Christian requires that such as glory therein be in the said fidelity not only Religious and exact but even exemplars enlightning others nor can it be doubted that by how much more purely any one shall devote himself to Orthodox Religion by so much he shall the better observe His Majestie 's Royal Dominion as the very Irish themselves have hitherto made fully manifest Your most reverend Lordships Province it will be to inculcat that seriously unto all by reason of the Episcopal Character from Christ our Lord by his Vicar in Earth imposed on you and to take care that your Countrey-men do not now first by the foresaid Oath adulter at the sincerity of Faith which amidst most cruel Persecutions they preserved spotless And indeed if it should happen them to do otherwise the malevolent will easily both now and in after ages lay the blame thereof on the neglect and lukewarmness of those who had the Ecclesiastical Government as on the other side you will purchase to your self new merits before God and that whole Nation If by your care and Authority you subvert the endeavours of fals Brethren Which things while I propound to you I think truly that I have a special regard of your esteem honour and dignity You may be pleased also to communicate both this and the annexed of the most Eminent Cardinal to the most Reverend Kilfunaran if he be in the Kingdom for I write not to him because I doubt whether he be not in other parts abroad and likewise to such of the Masters Vicars Apostolical and Capitulary of the Kingdom as you may commodiously Your most Reverend
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
certainly whether any thing we give them works it nor whether some of them had not recovered as well though we had given them nothing at all Now these matters not being known to or at least not reflected on by vulgar understandings and the vulgar sort of people having never so much as once imagined them it happens by course that when a man is cryed up for a Holy Miraculous man if one of a Thousand nay if one of ten thousand poor diseased persons chance but to recover or amend after or at least immediately after his praying over him or her though all the rest be never the better yet that one persons recovery must be ascribed to the holy mans Miraculous gift and it must be withal want of Faith or other sanctifying dispositions in all others that were not cured and no want of power in the holy man was it that hindred their cure All which Father Finachty having by experience found to be true and the advantage to himself of so great a vulgar Errour to be considerable we must not wonder at his desire of rendezvousing still in large Fields and the vastest numbers he can of poor sickly people to environ him though we cannot but extreamly wonder at the confidence of his late offer to the Lord Lieutenant as we hear Thus he the said Sir William Petit. And so leaving me the foresaid book of Necromancy for a day or two to peruse it through at my leasure he and Mr. Southwel parted without so much as once saluting or bidding Good-morrow to or taking at all any further notice of Father Finachty though sitting still at the fire in the same room but in truth regarding them as little or at least seeming not to regard them nor be at all concern'd in them or their talk for he could not but hear every word This upon Sir William Petit was the last experiment I saw of that good Father's gift For as you shall now presently hear when matters came to an issue he would not stand to the grand Tryal however by himself proposed and mightily importun'd all along untill this very day And yet I declare in my Conscience That I would not of my own part not even that day nor even I mean after his aforesaid ineffectual attempt on Sir William entertain any fixed prejudice against him though I could not wholly banish or free my self of some unsetled imaginations But having fairly expected the last issue which I met with partly that very night and partly yea for what remained throughly and wholly next morning I had I must confess no further power to suspend my own inward even fixed and positive judgment Wherein nevertheless whether I had reason of my side may be judg'd by others considering what follows now to end this prolix account After these Gentlemen had departed I sent for the Guardian of the Franciscan Convent James Fitz-Symons to keep company at Dinner with Father Finachty in my own Chamber where I Treated him the most civilly I could till Evening Then I desired him to go with Father Fitz-Symons to Supper at the Franciscan Convent where he was both expected and much respected too Thither said I will I come to you about Supper-time and bring you my Lord Lieutenant's final resolution for His Grace promised me I should have it this very night without any further delay And in truth my Lord Lieutenant was as good as His promise For having at my relation of that mornings work smiled first then pleasantly said That sure Finachty was a mad man to go and practise on a Purblind man at last coming to be serious He told me those two Gentlemen both Physitians viz. Sir William Petit Knight and Dr. Abraham Yarner in whose place Mr. Southwel went had been sent of purpose by Him to give me notice of all things being ready for Father Finachty's publick Tryal of his miraculous gift even as himself desired to the end I might give him notice thereof and that he viz. Finachty should fix on the Chappel or place and give them notice of such place the next day or as soon as he pleased that they might bring their sick men with them and see the issue But when I answer'd That Finachty complained of his having been stayed too long even whole six Weeks and that now Winter being come and he too not perfectly well he was therefore desirous to be gone home to Connaught Nay then sayes my Lord he is certainly an Impostor if having put Vs to all this trouble he will now be gone without doing any thing or abiding that publick Test himself so earnestly desired I had nothing to reply but that His Grace should know further next morning And therefore having taken leave I went directly to the Convent Where finding Father Finachty at Supper with the Community who respected him very much I thought not fit to tell or mind him then of such matters which I feared might lessen his satisfaction in the Company or their Treat given him Yet I judg'd it not inconvenient to speak to him familiarly and by way only of divertisement something of the no less opposed than famed Remonstrance being the Company that entertain'd him then were all Remonstrants i. e. Subscribers of that controverted Formulary and being also that as I had been formerly told by some there was great use made amongst the common People of his vogue to cry down that Formulary and Ecclesiastical Subscribers thereof amongst whom the Franciscans lay under the greatest share of malicious detractions so I suspected this perhaps might prove to be the last opportunity I should have of speaking to him before Company of any such or other matter whatsoever For these Reasons I put him briefly the question Whether in all his either peregrinations or retirements he had heard of the Remonstrance And if so What himself thought thereof His answer was That he had often heard of it but had never seen it and therefore now desired a sight thereof After Supper when he and all the Fathers had withdrawn to another Room it was brought him and he read it leisurely and distinctly every Clause thereof in presence of all the Fathers approving each in particular and when he had done all to the end affirming that he wonder'd any man of understanding should condemn or oppose or deny the subscribing it Whereupon I only then and there told him I was very glad of his approbation thereof and satisfaction he found in it hoping he would thenceforth endeavour to disabuse others in a matter of that consequence But presently after taking leave there when I had him home to my own Lodgings for he had all day before design'd to lodge with me that night and accordingly did go and lodge with me and after some other little divertisement when we were together alone in my own Chamber he taking occasion to speak to me again of the Remonstrance and â—â—â—ther to please me or no I do not know both applauding it
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
otherwise contributing to them without 〈◊〉 necessity Further in pursuance of our said Declaration we do Excommunicate as above all those that will side and adhere to the Lord Marquess of Ormond against our said Declaration by bearing Arms for him or his Party by giving him any Subsidie Contribution monies or Intelligence or in any way strengthning securing advising or helping him or obeying his Commands against us or our right intentions herein We do likewise suspend respectively ab officio beneficio voce activa passiva gratiis indultis privilegiis quibuscunque all and singular Ecclesiastical persons Dignitaries Pastors Priests Chaplains either of the Army or private Families Regular and Secular and all other Ecclesiastical persons whatsoever that will give counsel or advice against hinderance or opposition to our said Sentence or Declaration And for further strengthning of these our Act and Acts Sentence and Result we do hereby reserve the Absolution from the above Excommunication and Censures to our selves or to others that will be particularly authorized by us Finally we command respectively as aforesaid sub iisdem penis Censuris all our Vnder Pastors Parish Priests Religious Convents and other Communalties that inter Missarum Solemnia or in publick Places and Sermons they publish this our present Declaration and Sentence of Excommunication and Suspension when and wheresoever they will be required so to do Given at Jamestown under our hand Aug. 12. 1650. Signed by H Ardmacan Jo Archiep. Tuam Jo Rapotens Eugen Kilmor Fran Aladen Nic Fernens Procurator Dublin Fr Anton. Clonmacnocens Walt Clonfert Procurator Leghlinens Fr. Artur Dunens Connor Procurator Dromorens Fr. Hugo Duacensis Fr. Gul de Burgo Provincialis Hiberniae Ordinis praedicat Jac Abbas de Conga Commiss generalis Canon reg S. Aug. Fr. Thom Keran Abbas de Duellio Carol Kelly S. Th. Doctor Decan Tuam Fr. Bernard Egan Procurator R. admodum P. Provincialis Fratrum Minorum Fr. Ricar O Kelly Procur Vic. Generalis Kildar Prior Rathbran Ord. Praedicat Thad Aeganus S. Th. D. Praepos Tuam Luc Plunket S. Th. D. Proton Apostolicus Rector Collegii de Kilecu exercitus Lageniae Capellan major Jo Doulaeus Juris Doc. Abbas de Kilmanagh unus ex Procuratoribus Capituli Cleri Tuam Gual Enos S. T. D. Protonot Apostolicus Thesaurarius Fernen Procurator Praepositi Ecclesiae Collegiatae Galviens And we the undernamed sitting at Galway with the Commissioners authorized by the Congregation held at Jamestown sexto Augusti currentis do concur with the above Sentence of Excommunication and Censures and withal do now make and firm the same as an Act of our own by our several Subscriptions Aug. 23. 1650. Thomas Cashel Jo Laonen Episcopus Edm. Limericen Rob Corgan Cluan Fr Terent. Immolacen Jac. Fallonus Vic. Apostolicus Acaden Fr Petrus Tiernanus Proc. Ministri Provincialis Fratrum Minorum THE SECOND APPENDIX CONTAINING I. The then Marquess now Duke of Ormond and then also Lord Lieutenant General and General Governour of the Kingdom of IRELAND HIS Long and Excellent Letter FROM KILCOLGAN The Second of December 1650. TO THE Lords and Gentlemen ASSEMBLED AT LOGHREOGH i. e. to the last GENERAL ASSEMBLY of all the THREE ESTATES of the whole Irish Nation which the Roman Catholicks there held before they were utterly subdued by the Parliament of England In full Answer To and clear DEMONSTRATION of the manifold CALUMNIES INJUSTICE and both Disloyal and Tyrannical USURPATION of the two last of those Publick Instruments given in the former APPENDIX and of the PRELATES and others who sign'd them II. The said GENERAL ASSEMBLIES PVBLICK ACT and DECLARATION at Loghreogh the 7th of December same year 1650. upon receipt of the above LETTER Printed in the Year M. DC LXXIII The Marquess of Ormond Lord Lieutenant of Ireland His Letter to Loghreogh against the Declaration and Excommunication of Jamestown 1650. AFter Our hearty Commendations Many of the Nobility and Gentry being there assembled by our Letters of the 24th of October last We presume two particulars will come under consideration with them The one His Majesties Declaration made in Scotland seeming to annul the Peace concluded in this Kingdom The other a Declaration and Excommunication contrived at Jamestown in August last by divers Bishops there met and published in September following according to their Order as is alledged by the Publishers Concerning the matter of the Declaration and Excommunication being the thing first come to knowledge here We shall set down the manner of their proceeding and examine the grounds of it plainly and truly But We are necessitated to be the more large in the discourse of it for that it will not easily be believed without clear proof that men of their Function professed Piety and supposed Wisdom would publish such high and bitter Things against Us as are contained in their Declaration and Excommunication but upon infallible grounds of Reason and Truth So that if we should say nothing of it or against it We might possibly in the judgment of some there to Posterity and in Forreign Countries stand convinced of the Calumnies thereby cast upon Us though to Us and to many others it be well known their Quarrel is not to Our Person but to the Authority placed in Us and the Profession We are of Both which they confess plainly enough in their Paper given to the Commissioners authorized by Us in pursuance of the Articles of Peace at Galway bearing date the 29th of October last as shall appear when We come to speak of that Paper For the better understanding of the manner of their proceeding in this business it is fit you be informed That upon Our observation and experience of the unhappy influence some of the Bishops and their Instruments with the help of their forgeries and calumnies which they never spare to invent and publish when they would withdraw the Subjects from obedience had gained upon the People but more especially in Corporate Towns and Cities and having had recent and particular experience of the obstinate disobedience of the City of Waterford and the interruption thereby given to the recovery of what Cromwel had gained in his march from Dublin till he came before that City and finding clearly that the entertainment We received there which We refer to the relation of the Lord Dillon Sir Lucas Dillon and Sir Richard Barnewall notwithstanding all our pains taken and hazards undergone to preserve that City proceeded from the labour of some of the Clergy We did by Letters of the 27th of February last past call to Lymerick as many Bishops as were within any convenient distance and there in presence of the Commissioners authorized by Us in pursuance of the Articles of Peace freely told them That without the People might be brought to have a full confidence in Us and yield a perfect obedience to Us and without the City of Lymerick might be persuaded to receive a Garrison and obey Our Orders it was
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
was betrayed by the Protestant Ward that was in it surprized indeed it was so the endeavour of recovering that place was not under Our immediate conduct We going that day it was attempted with a Party to Waterford But who it was that importuned the falling on of the men so unprovided Sir Lucas Dillon and others there present as We have heard are able to inform you And for not fighting at Thomas-town it is here set down as if the Officers and Souldiers had proposed some such thing and were absolutely forbidden or refused leave or to be led on by Us to fight Which is a malicious and false suggestion For never any such motion was made to Us by any Officer or Souldier nor indeed could be for before the Enemy were drawn up that morning on the Top of the Hill on the other side of the water over against Thomas-town We were by a false Alarum drawn towards Kilkenny as is set down in Our Answer to the pretended Grievances as is well known to Mr. Patrick Bryen and others We believe there assembled Here again the Declarers must be beholding to their ancient Travellers to make it good That it is an advantage of ground to have a Bridge to pass by Three or Four in a Front in the sight of an Enemy and a steep Hill to ascend to the charge of an Enemy drawn up in order on the Top of the Hill for thus it is very well known is the scituation of Thomas-town and the Hill whereon the Enemy drew up after We were drawn away to Kilkenny as is aforesaid The rest of this Article is a passionate enumeration of the Enemies subsequent success wherein the Declarers and their Instruments have more to answer for than We as We were a greater loser than many of them put together But how We become chargeable with the loss of any place in Leinster since We put the whole management of the affairs of that Province into other hands especially of Catherlogh commanded by a Bishop Dromore We much wonder And if We had not proof of these mens prodigious faculty in framing and venting Untruths We should admire at their shameless impudence in saying Tecroghan was given up by order and their affirming it with this parenthesis viz. to speak nothing for the present of other places insinuating That if they would they are able to tell of many other places given up by Our order when they might have been longer held For so this Declaration being framed against Us must and they desire it should be understood Which is so foul so unchristian and so uncharitable a way of proceeding That it would make one believe they rather conjured for the spirit of the Father of Lyes than invoked the assistance of the Holy Ghost to assist when they framed this Declaration VVhat endeavour there was used to relieve Tecroghan and how it was given up there are many there met that are able to witness especially the Lord Marquess of Clanrickard Sir Luke Fitz Gerald and Sir Robert Talbot the then Governour of that place who is able to declare perhaps to produce all the orders he received from Us concerning it Tenth Article of the Declaration That the Prelates after the numerous Congregation at Cloanmacnoise where they made Declarations for the Kings great advantage after printed and after many other laborious meetings and consultations with the expressions of their sincerity and earnestness were not allowed by his Excellency to have employed their power and best diligence towards advancing the Kings interest but rather suspected and blamed as may appear by his own Letter to the Prelates then at Jamestown written August 2d and words were heard to fall from him dangerous as to the persons of some Prelates ANSWER That which VVe complain of is That notwithstanding their continual Declarations of Loyalty to His Majesty and their sincerity and earnestness to advance His service and interest they have continually by themselves and their known instruments practised the direct contrary The Copy of Our Letter of Aug. 2d sent them to Jamestown is before recited upon another occasion And VVe believe there is nothing contained in that Letter but is well known to be Truth and will be justified by many of best Quality in that Assembly What the words were which were heard to fall from Us dangerous to the persons of some Prelates when VVe are particularly charged with them VVe shall deny nothing that is Truth In the mean time let it be judged if VVe had such a desire of doing them hurt in their persons whether in the person of the Bishop of Killaloe who signed this Declaration VVe had not in Our power a subject whereon to have manifested Our disposition to revenge Whom yet the Bishops in a Letter of theirs to the Earl of Westmeath the Bishop of Leghlin and others which Letter is before recited upon another occasion do acknowledge to have been preserved by Our means though in the said Letter they untruly charge those they call Cavaliers with any attempt or purpose of doing the said Bishops person any further prejudice than to apprehend him and bring him before Us. Eleventh Article of the Declaration That his Excellency represented to His Majesty some parts of this Kingdom disobedient which absolutely deny any disobedience by them committed and thereby procured from His Majesty a Letter to withdraw his own Person and the Royal Authority if such disobediences were multiplied and to leave the People without the benefit of the Peace This was the reward his Excellency out of his envy to a Catholick Loyal Nation prepared for Our Loyalty and Obedience sealed by the shedding of our blood and the loss of our substance ANSWER VVe acknowledge to have represented to His Majesty That divers places in this Kingdom were in disobedience to His Authority And that there were and are such places is a Truth as well known to these Declarers as any work is known to the Workman that made it Which to have concealed from His Majesty had been to have betrayed the Trust by him reposed in Us and to have taken upon Our Self the blame due to them We also acknowledge to have humbly desired His Majesties leave to withdraw Our own Person out of the Kingdom in case those disobediences were multiplied Which having received and those disobediences being multiplyed VVe had withdrawn Our Self from being an idle witness of the loss of the Kingdom and the ruine of many of Our Friends had not divers of these Declarers several times but more especially at Loghreogh dissuaded Us from going and promised to do their uttermost endeavour to procure Us the obedience VVe desired without which it was plain to all men VVe could attempt nothing for the preservation of the Kingdom with hope of success But VVe were not so bold as to direct His Majesty to remove His Authority or how else to dispose of it as the Declarers are But how really VVe know not troubled they are that