Procurator and his maintaining or asserting The Diffusive Church onely to be Infallible proved false 69 c. Their fourth Allegation in the same manner proved false 76. Their other impertinent or unconcluding Allegations considered but more especially at large their example or precedent of Mattathias and the Maccabees against Antiochus 79 c. Their Latin Postscript considered 83. Three several Formularies of a profession of Allegiance made by them and a fourth offered 85 86 87. The Provincial and Diffinitory of the Franciscans dealt with at Multifernan by the Procurator to Sign the Remonstrance delay and why 69 90. They before with some others disclaimed the Remonstrance by a Publick Instrument and sent an Agent to Flanders to get it condemn'd 91. Nevertheless Father Antony O Docharty Provincial of the Franciscans gives privately under his hand to the Procurator a Paper of Permission for those of his Order to subscribe the Remonstrance and approves it himself in his Letter to the Duke of Ormond Lord Lieutenant 93. And yet he carried not himself in that matter of the Remonstrance or approbation of it either before or after in any wise candidly or sincerely much less constantly ib. Nobility and Gentry at Dublin Sign the Remonstrance and write to all the Counties of Ireland to invite them to a concurrence 95 96. The Lord Lieutenant countermands the sending about any of the many Duplicats of this Circular Letter and why 97. Gentry of the County of Wexford and Citizens of that Town Sign the Remonstrance Pag. 98 c. Censure and Condemnation of the Remonstrance by the Faculty of Divines at Louain 102. Letter of Father James de Riddere a Dutch-man and Commissary General over the Franciscan Order in the Provinces as well of the Low-Countries and some of those of Upper Germany as those of England Ireland Scotland Denmark to Father Redmund Caron Citing him and the rest of the Irish Franciscan Subscribers of the Remonstrance to appear at Rome or Bruxels 104. Father Caron's brief Reply from London 105. Father Walsh the Procurator's more diffuse Reply expostulating the case with the said Commissary at large out of the Canons and Reason 106. from thence to 115. The said Commissary General 's brief Answer to the Procurator 115. Act of a National Congregation of Forreign Franciscans but wherein nevertheless were present Representatives for the Franciscan Provinces of England and Ireland against the Irish Franciscan Subscribers of the Remonstrance and the same Act kept private 116. The four grounds of the Louain Censure 117. Answer to the first of them 118. To the second 119. To the third 124. To the fourth 143. and from thence to 436. Seal of Confession to a Priest in what cases and how far binding treated of at large from 124 to 142. Ecclesiastical Immunity or the Exemption of Ecclesiasticks from the Coercive Lawful and Christian Authority of the Supreme Civil Magistrate not to be proved either by Divine Law Positive 148. Or from the Divine Law Natural i. e. Law of Nature 163. Or from the Civil Law 182. Or from the Canon Law 195. That 't is in the power either of Pope or Church to grant such Exemption not probable by Reason 217. No such Exemption de facto made by any Pope 230. On the contrary That the Clergy is not exempted from the very coercive power of the Supreme Temporal even Lay-Magistrate proved first by Theological Arguments 243. Next by Holy Scripture 272. Then by the interpretation or sense of the same Holy Scripture as delivered by the Holy Fathers even Popes themselves in their Commentaries 300. In the fourth place by the practice as well of Holy Popes as of other Holy Fathers 314. In the fifth by the practice consequently of Christian Princes 345. Lastly by the very Canons even Papal of the Catholick Church 364. Remaining Objections answerâ—d 374. The Doctrine of Marsilius de Padua and Joannes de Janduno examined at large and compared c. 375. and from thence to 399 though this latter page be Printed falsely and 379 put instead of 399. The great Argument for the Exemption of Ecclesiastical persons c. derived from St. Thomas of Canterbury â—s opposition to King Henry II and from his Martyrdom c. treated at large from 399 to 436. The sixteen Customs or Laws opposed by that Holy man 407 408 409. The ancient municipal Laws of England concerning the punishment of Church-men for Murder Felony c viz. the Laws of the Saxon Danish and Norman Kings before Henry II or those of Inas Alured Ethelred Edgar Edmund Guthrun Ethelstan Canutus S. Edward William the Conqueror Henry I and King Stephen 414 415 416 417. Four several Answers to the foresaid grand Argument The First of them 418. Second 424. Third 430. Fourth Pag. 431. The Author relies or onely or principally on the two first Answers 431. St. Thomas of Canterbury why justly esteemed a Martyr 418 and from thence to 431. The heighth and amplitude of Exemption for Clerks i. e. Church-men in England formerly And it no less complain'd of 436. Contemporary Authors of good Repute condemn St. Thomas of Canterbury 433 434. St. Thomas of Canterbury vindicated from Treason 437. and from thence to 462. The LXXVII Section out of all the former Thirteen or Fourteen Sections upon or concerning Ecclesiastical Immunity infers the final conclusion of all and consequently and very particularly justifies the Irish Remonstrance of the year 1661 against the Louain Censure by four several Arguments or Syllogisms 463 and from thence to 487. Return to the relation of pure matter of Fact 488. Paper given by Gerrot Moor Esq to the Lord Lieutenant 489. A second Paper given by Patrick Daly Vicar-General of Ardmagh 490. A third Paper given by James Dempsy Vicar-Apostolical of Dublin and Capitulary of Kildare 492. Five Reasons why the Anti-remonstrants grew very insolent about June 1644. 493. A Proclamation issued by the Lord Deputy together with another accident allayes their Insolence 494. Two Letters the one from the Provincial the other from the Diffinitory of the Franciscans sitting at Multifernan to the Procurator 498. Their Letter to the Belgick Commissary General 499. The Procurator's Letter to the said Commissary 500. Cardinal Francis Barberin's Letter and Memorial therein inclosed to the said Commissary against the Procurator Father Caron and rest of the Franciscan Remonstrants with the same Commissaries Answer to the Cardinal 505 506. That Commissaries Letter answering Sir Patrick O Moledy 509. Internuncio de Vecchiis Conference with and verbal Message by Father Gearnon to Caron and Walsh 510. The Procurator's Conference at London with the said Belgick Apostolical Internuncius Hieronymus de Vecchiis 511. The same Internuncio 's Letter to Father Matthew Duff alias Lyons 513. His Letter also to Father Bonaventure O Bruodin 515. Observations on the Letters of de Vecchiis and other Roman-Ministers 516. The three Negative Articles of England with the Roman-Catholick Subscribers both Lay-men and Church-men 522 523. Doctor
Copy of the Original sent from the foresaid Rospigliosi to Patrick Dempsy alias O Deemusuy an Irish Priest and Prefect then of the Irish Colledge at Lile in Flanders and all of them against the meeting or convening of the Fathers at Dublin and against the Remonstrance 642 643. by mistake of the Printer printed 647. Rospigliosi's Letter dated at Brussels 3d of May 1666 to Father Patrick Dempsy Prefect of the Irish Seminary at Lile 647. The same Rospigliosi's Letter dated 20th May 1666 to Edmund Reilly Archbishop of Ardmagh and Primat of all Ireland 648. Item his Letter dated 24th of May 1666 to Martin Bishop of Ipres ib. Item the same Bishop of Ipres his Letter dated 27th of May 1666 to the said Primat 649. What may be seen by all these Letters ib. On the third day of the Congregation the Primat being entered a great dispute and sudden Tumult also followed about Precedency and the Chair The Primat withdraws whom all the Members of the North i. e. of his Archiepiscopacy follow and depart the House The rest of the leading Factionists cry out loudly for a dissolution of the House The Procurator intercedes and with the help of some few other well-meaning men appeases the Tumult and brings back the Primat with the Members of his Province 650 651. This Tumult being over Sir Nicholas Plunket Knight Sir Robert Talbot Baronet and John Walsh Esq who waited all the time of the Tumult in a Garden hard by are introduced who being seated and all silent declare they came from the Lord Lieutenant and immediately one of them at the desire of the rest stands up and reads out of a Paper not Sign'd by any their Message though not with this or other Title or Superscription much less Subscription 656. Nine several Heads of the Procurator's Speech to the Congregation after the foresaid Gentlemen departed 653 654 655 656 657. He was interrupted twice in his Speech once by the Primat and once by Father Nicholas Nettervil the Jesuit What they objected and what he replied 657 658. The present French King Lewis XIII's Declaration in French concerning or upon the six late Declarations of the Divines of Paris 8th of May 1663 against the Papal ungrounded pretences and those six Sorbon or Paris Theological Declarations both in Latin and French together with the pursuance of the same matter by the Parliament of Renmes from 659 to 663. The Fathers being strangely prepossess'd with Forreign Intelligences and their own Prophetical Dreams and hopes of Wonders in that wonderful year 1666 slight so much the Lord Lieutenant's Message that notwithstanding also whatsoever the Procurator had spoken so largely home to them on that Subject or Message they did not once debate it or put it to the question whether they should 664. Yet they took into consideration and resolved to gratifie the Procurator himself with a contribution of Two thousand pounds but he takes no notice thereof ibid. His Expostulation privately with the Primat for his carriage so contrary to the conditions of the permission sent him by Letters to Paris for coming home The Primat denies the receipt of any such Letter Whereupon the Procurator is more amazed and presses him home with Arguments sufficiently evincing the contrary 665. The Procurator being after this inform'd of the desperate resolution of the Fathers neither to Petition for pardon to the Irish Clergy for any matter formerly passed in the Wars nor to comply with the Lord Lieutenant's desire of their concurrence to a Subscription of the Remonstrance so graciously accepted by His Majesty in the year 1661 S. V. enters the Congregation on the fourth day of their sitting and desires the Speaker a positive Answer from the House to two Queries Their Answers and his Replies at large before all the Fathers 666 667 c. The said Remonstrance of the year 1661 S. V. together with the Procurator's Instrument of Procuration and his Obediential Letters or Patents from the Superiours both General and Provincial of his own Order publickly read in the Congregation The Procurator desires after they were read that if any one there could object any thing he should stand up and speak None does but several ask him pardon publickly before all for having spoken against him confessing their fault and ignorance in speaking formerly to his prejudice 668 669 670 671 672. The Chairman return'd thanks What the Primat spoke then and what the Procurator answer'd him ib. What the Bishop of Ardagh answer'd to the First Querie concerning a Petition to the King for pardon to the Clergy c. And what the Procurator replyed 670 672. The Primat introduc'd that night to the Lord Lieutenant and the Heads of the Lord Lieutenant's Speech to him What also was objected to or answer'd in that presence by the Primat concerning the conditions written to him to Paris of his permission for coming back to Ireland from France 673 674. Lord Lieutenant's second Message to the Congregation by Richard Belings Esq on the fifth day of the said Congregation ib. Procurator's Speech to the Congregation after that Gentleman's departure 675. The Chairman viz. the Bishop of Kilfinuragh answering the Procurator in behalf of the House declares their reason i. e. their pretence for not Signing the former Remonstrance or that of the year 1661. S. V. The medium thereupon offered by the Procurator viz. a certain other Paper of some ten Lines to be Sign'd by them 675. Their Demagogues would not consent 676. The Procurator urges then earnestly that at least a Committee of the more select Divines of the House should be appointed to consider and report to the House matter of Divinity and Conscience But the Bishop of Ardagh cryes out furiously No Divines Away with the Divines Out with the Divines and his more numerous Faction sitting on the Lower Forms to second him fall to clapping of Hands and stamping with their Feet The severe reproof given them by the Procurator when the noise was over Pag. 676. The Procurator declares to them he would withdraw himself wholly from them And accordingly doth withdraw and why ib. Two several Committees one after another sent to him from the Congregation to desire his return The second of them consisted onely of three viz. Father Nicholas Nettervil Father John Talbot both of the Society and Father Angel Golding a Secular Priest and Doctor of Divinity who lay themselves at last on their knees a long time entreating his return and offer that the Congregation would Sign all the Six late Declarations of Sorbon or Paris as applied to His Majesty and themselves 677. Answer of the Procurator to their desires and offers who in like manner kneel'd to them 677 678. Next morning which was the Sixteenth of the Month and Sixth day of the Congregation an additional message and offer was by the Bishop of Ardagh delivered to the Procurator And what the answer and issue was 679 680. By the Lord Lieutenant's command partly and partly
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
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
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
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
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
until Recourse may be had thereunto as the said Lord Lieutenant shall appoint as aforesaid other than as to such and so many of them as to the chief Governour or Governours for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall be thought fit to be altered and then and in such case or in case of death fraud or misbehaviour or other alteration of any such person or persons then such other person or persons to be employed therein as shall be thought fit by the chief Governour or Governours for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them And where it shall appear that any person or persons who shall be found faithful to His Majesty hath Right to any of the offices or places about the said Customs whereunto he or they may not be admitted until settlement in Parliament as aforesaid that a reasonable compensation shall be afforded to such person or persons for the same XXXI Item As for and concerning His Majesties Rents payable at Easter next and from thenceforth to grow due until a settlement in Parliament It is concluded ordered and agreed upon by and between the said Parties and His Majesty is graciously pleased That the said Rents be not written for or levied until a full settlement in Parliament and in due time upon application to be made to the said Lord Lieutenant or other chief Governour or Governours of this Kingdom by the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them for remittal of those Rents the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being shall intimate their desires and the Reasons thereof to His Majesty who upon consideration of the present condition of this Kingdom will declare his gracious pleasure therein as shall be just and honourable and satisfactory to the reasonable desires of His Subjects XXXII Item It is concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased That the Commissioners of Oyer and Terminer and the Gaol-delivery to be named as aforesaid shall have power to hear and determine all Murthers Manslaughters Rapes Stealths Burning of Houses and Corn in Reek or Stack Robberies Burglaries forceable Entries detainers of Possessions and other Offences committed or done and to be committed and done since the first day of May last past until the first day of the next Parliament these present Articles or any thing therein contained to the contrary notwithstanding Provided that the authority of the said Commissioners shall not extend to question any person or persons for doing or committing any act whatsoever before the conclusion of this Treaty by vertue or colour of any Warrant or direction from those in Publick Authority among the Confederate Roman-Catholicks nor unto any act which shall be done after the perfecting and concluding of these Articles by vertue or pretence of any Authority which is now by these Articles agreed on Provided also that the said Commission shall not continue longer than the first day of the next Parliament XXXIII Item It is concluded ordered and agreed by and between the said Parties and His Majesty is further graciously pleased That for the determining such differences which may arise between His Majesties Subjects within this Kingdom and the prevention of inconvenience and disquiet which through want of due remedy in several cases may happen there shall be Judicatures established in this Kingdom and that the persons to be authorized in them shall have power to do all such things as shall be proper and necessary for them to do and that the said Lord Lieutenant by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall name the persons so to be authorized and do all other things incident unto and necessary for the setling of the said intended Judicature XXXIV Item At the instance humble suit and earnest desire of the General Assembly of the Confederate Roman-Catholicks It is concluded accorded and agreed upon That the Roman-Catholick Clergy of this Kingdom behaving themselves conformable to these Articles of Peace shall not be molested in the possessions which at present they have of and in the bodies scites and precincts of such Abbeys and Monasteries belonging to any Roman-Catholick within the said Kingdom until settlement by Parliament And that the said Clergy shall not be molested in the enjoying of such Pensions as hitherto since the Wars they enjoyed for their respective livelihood from the said Roman-Catholicks And the scites and precincts hereby intended are declared to be the body of the Abby one Garden and Orchard to each Abby if any there be and what else is contained within the Walls Mures or ancient Fences or Ditch that doth supply the Wall thereof and no more XXXV Item It is concluded accorded and agreed by and between the said Parties That as to all other the demands of the said Roman-Catholicks for or concerning all or any the matters proposed by them not granted or assented unto in and by the aforesaid Articles the said Roman-Catholicks be referred to His Majesties gracious Favour and further Concessions In witness whereof the said Lord Lieutenant for and on the behalf of His most Excellent Majesty to the one part of these Articles remaining with the said Roman-Catholicks hath put his Hand and Seal and Sir Richard Blake Knight in the Chair of the General Assembly of the said Roman-Catholicks by Order Command and unanimous Consent of the said Catholicks in full Assembly to the other part thereof remaining with the said Lord Lieutenant hath put his Hand and the Publick Seal hitherto used by the said
considering also their promise in their said Letter recited that the Bishop and Dr. Charles Kelly should clearly deliver unto Us their thoughts and good intentions and the declaration of their sincere hearts By all VVe have written VVe desire to let you see how unhandsomly to say no more VVe have been dealt withal by those Bishops that when upon Our observation of the backwardness of the Towns to give Us obedience VVe applied Our Self with so much freedom to them who VVe and VVe believe by this time you are satisfied obstructed it instead of dealing plainly with Us as VVe so often desired them they would have held Us on with promises of great endeavours on their part to procure Us obedience and so continued seemingly well satisfied with Us till unprovoked by any thing from Us they break forth with their dreadful Excommunication when both in the County of Lymerick and Athlone the Rebels were endeavouring to force a passage VVhat an invasion these proceedings of theirs is upon the Regal power is not now to the purpose to declare But whether in them there be any usurpation upon the freedom of the Nobility and Commons is fit for you to consider The injustice of this kind of dealing VVe suppose is by this time plain enough to you It remains to shew you even by their own actions That supposing them to have proceeded by full warrant and upon just ground yet their rashness is not excusable as appears in that as they hastily denounced their Excommunication on the 15th of September so was it more wisely suspended by the same men on the 16th following in the Lord Marquess of Clanrickard's Camp VVhether so dreadful a weapon as they make that sentence be thus to be play'd with to make Rebels sport VVe leave to the examination of those that are in some respects more concerned than VVe are But that their allegation of the Peoples aversion to Our government is but a Cloak to cover their own fond Ambition to govern them or rather to bring them to confusion is manifest For as by their Excommunication they are forced to confess against all their Protestations That indeed they labour to bring them to such an aversion so by being forced immediately unsought by Us to suspend it they acknowledge they have not fully compleated their work As is more evident by these following Letters from the Bishop of Clonfert and Dr. Charles Kelly to the Officers of the Army under the command of the Lord Marquess of Clanrickard and from the Bishops of Raphoe Killala and Fearnes to the Earl of Westmeath and other Officers Sirs YEsterday We have received an Express from the rest of our Congregation at Galway bearing their sense to suspend the effects of the Excommunication proclaimed by their Orders till the service of Athlone be performed fearing on the one side the dispersion of the Army and on the other having received most certain intelligence of the Enemies approach unto that place with their full force and number of fighting men and thereupon would have us concur with them in suspending the said Excommunication As for our part we do judge that suspension unnecessary and full of inconveniencies which we apprehend may ensue because the Excommunication may be obeyed and the service not neglected if People were pleased to undertake the service in the Clergies name without relation to the Lord of Ormond or any that may take his part yet fearing the censure of singularity in matters of so high a strain against us or to be deemed more forward in excommunicating than others also fearing the weakness of some which we believe the Congregation feared we are pleased to follow the major vote and against our own opinion concur with them and do hereby suspend the said Censure as above Provided alwayes That after that service performed or the service be thought unnecessary by the Clergy or when the said Clergy will renew it it shall be presently incurred as if the said Suspension had never been interposed And so we remain Your affectionate loving Friends in Christ Jesus Walter B. Clonfert Charles Kelly Corbeg Sept. 16. 1650. Our very good Lords and Sirs THE Colonels Mr. Alexander Mac Donnel Bryen O Neill and Randal Mac Donnel like obedient Children of Holy Church have offered themselves to put up for the Clergy and that before Publication of the Declaration and Excommunication God will bless their good intentions They go now to join with you on this side of the Shannon and by making one Body to put forward our cause This is the best way we can think of to encourage the well-affected and curb the malignant and obstinate The Lord Bishop of Killaloe being taken Prisoner by the Lord Lieutenant the Cavaliers would have had him forthwith hanged if his Excellency had given way thereunto His Excellency is giving Patents to as many Catholicks as are Excommunication-proof Ireland is an accursed Countrey that hath so many rotten members Though things go hard with us God will bring the work to a good end When you meet with those Colonels confer of what service to take in hand Est periculum in mora Praying to God to protect you in your wayes we remain Your very loving Friends Joan Rapotensis Fran Alâ—â—â—usis Nich Fernensis Galway Sept. 21. 1650. To our very good Lords the Earl of Westmeath the Lords Bishops of Leghlin Cloanmacnoise and Dromore Sir James Preston Knight Colonel Bryen Mac Phelim Colonel Lewis Moore Colonel Arthur Fox and the rest of the Commanders of the Leinster Forces By which expressions it appears That however their practises found Subjects fit to be wrought upon in the Cities and Towns and some loose people in the Countrey addicted to Rebellion and Rapine for such are all those they have still esteemed obedient Children of Holy Church yet had they not power to draw together any considerable Party to set up their new Government only they were able to hinder the established Government from opposing the Enemy To conclude this Head Would any man that had never so little care of a Peoples welfare or foresight of what tended plainly to their destruction have set them loose from all Government Civil and Martial at such a time when a potent Enemy was in the Field and never tell them when they should follow or obey If it be said they made provision for it in their Declaration it will readily be answered That they are only thereby directed to return to their Association and until a General Assembly of the Nation can be conveniently called together unanimously to serve against the Common Enemy But under what conduct they are to seek from a Congregation In the mean time if those with Us in the County of Clare and under the Lord Marquess of Clanrickard had obeyed this wild direction or taken occasion to disperse the Rebels had passed the River of Shannon at both ends and spoiled both Assembly and Congregation The grounds of their proceeding to an Excommunicating of
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
deny the King to be above His Parliament answer'd 46. and from thence to 53. Disparity shewn of one side between the Independency of the Royal Power from the Parliament and Dependency of the Papal from the Church and of the other between the Independency of a General Councils power from the Pope and the Dependency of the Parliaments from the King 50 51 52. The two last Paragraphs of their Paper at length concerning the Sixth Gallican or Sorbon Declaration which is against the pretended Infallibility of the Pope 53. In which two Paragraphs after first they had mistated the Question and after so many disguises and windings the sum of what the Congregation would say is That the foresaid Sixth Gallican Sorbon or Parisian Declaration viz. it denying the Infallibility of the Pope is impertinent odious unprofitable unfit to be disputed in Ireland relates to Jansenism is suspected to be under-hand furthered by some of that way and finally tends to the disturbance of both King and Countrey 52. This whole sum and every particular thereof answered in order from the said p. 53. to the last of the Treatise viz. p. 59. The five Propositions of Jansenius which are called Jansenism 77. Finally That to Father N.N. the Composer of the foresaid Paper of Reasons and by occasion of the very last words of that Paper viz. these to the disturbance of both King and Countrey the Procurator may answer what the Prophet Elias did to Achab Non ego turbavi Israel sed tu domus Patris tui qui dereliquistis mandata Domini sequuti estis Baalim Nay that the Catholick Church of Christ especially in Ireland as it comprises all both Ecclesiasticks and Laicks of either Sex hath already cause enough and will I fear have much more yet to say as well to him and the Congregation as to all other such preposterous Defenders of Her Interests what Jacob said to Simeon and Levi Turbastis me odiosum fecistis Chananaeis Pherezeis habitatoribus terrae hujus IMmediately after the end of the Fourth Treatise you may find the Fourteen Propositions * A further account of these Fourteen Propositions c. See Treatise I. Part II. pag. 752. of Father Peter Walsh or the Doctrine of Allegiance c. 80 81 82 83. WHat the Contents are of the First Appendix viz. the Kilkenny Book of Queries and Answers c you may easily guess by the Queries themselves in all Seven which are to be seen together Pag. 111. though falsely printed p. 11. which is immediately before the Preface OF the Contents of the next Appendix which in the Print is called by mistake the First Appendix but should be the Second and is indeed the Appendix containing Six Publick Instruments you need no Abridgment here because the very Title-page sufficiently gives one BVt of the Contents of the Third or last Appendix viz. the Marquess of Ormond Lord Lieutenant of Ireland His Letter c because that Letter contains One and thirty Leaves and a great variety of matters of highest importance viz. all the great differences and causes of them which happened 'twixt the Roman-Catholick Archbishops and Bishops nay and some refractory Cities and Towns in Ireland of one side and His Excellency on the other from the Conclusion of the later Peace or that of the year 1648 till His forc'd departure to France from Kilcolgan in the latter end of the year 1650. I have upon after-thoughts and for the greater satisfaction of the Reader given here some few and the more general Heads as followeth The cause why His Excellency writes against the Declaration and Excommunication of the Prelates at Jamestown Pag. 75. The obstinate Disobedience of the City of Waterford ib. By His Letters of the 27th of February 1649 S. V. He calls to Limmerick as many Bishops as were within any convenient distance ib. Eleven Proposals offered to His Excellency on the 13th of March 1649 S. V. as so many Remedies for removing the Discontents and Distrusts of the People and for advancing His Majesties service presented by such of the Clergy as met at Limmerick the 8th of March 1649. S. V. and the Commissioners of Trust 76 77 78. His Excellency finding no effect of their Promises but that the City of Limmerick continued in their refusal to receive a Garrison c. Adjourns that meeting from Limmerick to Loghreogh about the 19th of the said March whither also by His Letters He desires all the rest of the Bishops of the Kingdom to come promising to give them there an answer to their Paper of Remedies or Proposals 79. His Excellencies Answers in Ten Heads to the Proposals 79 80 81. A Declaration of the Bishops by way of Letter to His Excellency dated at Loghreogh 28th of March 1650 and Signed by John Archbishop of Tuam Walter Bishop of Clonfert Francis Bishop of Killala Robert Bishop of Cork and Cluam and Hugh Bishop of Kilmaduach 81 82. His Excellencies Reflections on this Letter And another meeting of all the Bishops together with the Commissioners of Trust besides divers others of the Nobility and many Gentlemen of Quality appointed by His Excellency to be held at the same Town of Loghreogh on the 25th of April then following 83. This Conventions Letter to His Excellency dated at Loghreogh ult April 1650 and Sign'd by Two and Twenty hands 84. His Excellencies Answer dated Loghreogh May 1. 1650. 85 86. The Conventions Reply by another Letter to His Excellency dated at Loghreogh May 2d 1650 and Sign'd by Eighteen Hands 87 By the reiterated professions of Loyalty and Obedience in all the precedent Letters his Excellency was induced to alter his purpose of quitting the Kingdom c. 88. Mayor of Limmerick's Letter the 12th of June 1650 to his Excellency inviting him thither to settle a Garrison And his Excellencies Answer with three particulars imparted by him to the Messengers that came from Limmerick 88 89. When upon the said invitation of the Mayors his Excellency came near to the City Gates the two Aldermen employed formerly to invite him thither were now sent out to let him know of a Tumult raised in the City by a Fryer one Father Woolfe * He was a Dominican and as it is said the very same man who in the year 1646 when the King's Herald at Arms even before the Mayor and Aldermen all standing by in their Formalities was proclaiming the Peace of that year raised a furious tumult of the Rascal-multitude and with them even himself also being in his Monastical Habit in the Head of them pelting a showre of stones at the Herald put an end to that Peace or rather obstructed all Peace in that City and by example of that strong City in the whole Kingdom and some others against his coming in Pag. 89. His Excellencies Letter of the 14th of June on this occasion to the Mayor in hope to bring the Corporation to a sense and performance of their duty ib. But
compassing as yet any of his designs XXIII Likewise about the same time the R. R. Father in God Iohn Burk the Catholick Archbishop of Tuam very aged infirm and sickly and looked upon as not able to live one year longer came unexpectedly from St. Maloes and in my Lord Lieutenants absence arrived at Dublin privatly accompanied with father Thomas Quin the Jesuit and another of that Society in whose power and under whose directions this aged venerable Prelate wholy was The Procurator having done his first respects of visit to his Lordship desired to know his cause of venturing so confidently without acqainting first and having by some way addressed himself to my Lord Lieutenant and understood of some connivence for his return Minded him of the carriage and proceedings all along of the Clergy and especially of the Bishops of Waterford and Iames-stown That although his Lordship carried himself fairly and loyally in opposing the Nuncio even to his face at Galway and forced open the Church there which the Nuncio would have to observe his Interdict other Censures that he had sided all along with the Cessation supream Council at Kilkenny in that business and further too in concluding the second Peace yet he could not forget how he sullied all his former glory by his after unfortunate sitting and concurring at Iames-stown with other Bishops to those disloyal Declarations made there That he had not since by any publick or private application to His Majesty or Lord Lieutenant or by submission and repentance declared to either washed of the stain of that scandalous horrid transgression nor given any assurance of his more loyal carriage hereafter That yet both were of absolute necessity from a Prelate of highest rank such too as for example and for the satisfaction of God and men should be publick That he should therefore petition for himself and by his example induce the rest of the Irish Clergy to do the like and most humbly beg pardon for the time past and for the future sign that Remonstrance whereof to that end he had in France from London a sufficient account All which and much more to this purpose the Procurator humbly and earnestly minded him of even sometime in the presence of the above Father William Burgat Vicar General of Imly The good Archbishop heard him all out both attentively and patiently enough without sign of displeasure but return'd no other answer then That he was now so broken with age and many diseases of body that his mind also or understanding was no more of any kind of strength or capable to discern what he was to do in that or other things That he was for the matter dead already That he ventured this journey from France by Sea all along for otherwise he could not of purpose only to die and lye down at rest in his grave native soil That he would not have been to bold as to land at Dublin but that he supposed my Lord Lieutenant away thence in the Countrey at that time as it happened and that he might be carried away privatly to his own Province of Connaght without any further noise of his arrival or knowledge thereof given to my Lord Lieutenant And that being his Grace the Lord Lieutenant was now returned to Town he desired the Procurator should most humbly present his most submissive respects and make that true Apology for him of the design of his coming and desire of being connived at for so short a time as he had to drag a miserable life and end it by a death more welcome which he daily expected But the Procurator saw well enough that how infirm soever this good Archbishop was in body yet he had still sufficient apprehension and this excuse proceeded from the Fathers by whom he was led of late in all things perswading themselves his behaving himself so would give both countenance and authority enough amongst Catholicks not to themselves alone but to all others of the Clergy in denying or opposing a subscription which he had so declined That his name or extraction and his known affection sometimes formerly to the King and English Interest we 〈…〉 himself sufficiently of entertaining other scruples in that matter then those of religion and reverence to the See Apostolick And his quality of Archbishop and the only then of that Nation and Religion at home and the only moreover known to have formerly declared against the Nuncio would be a strong confirmation thereof at least might be a very probable excuse for all others of inferior degree until he had declared himself on the point All which and the use thereof notwithstanding the Procurator did well enough perceive and foresee yet he could not help having done his own duty But however advised this good Archbishop to retire as he did immediatly in a litter to Connaght where he remains ever since guided still by the same Fathers as wholly in their power The sequel whereof shall be seen hereafter in its proper place or second Part of this Narrative XXIV The Procurator therefore and by several other arguments seeing now certainly where the first obstruction to a further progress lay which should be removed and seeing that albeit the Fathers of the Society were but a very few in Ireland and most of them in or near Dublin yet their correspondency both at home and abroad especially at Rome was look't upon by most of the Pretendents in or Dependents of that Court and their own confidence withall in themselves was great partly because they had so dexterously behaved themselves in the Nuncio's quarrel that as they were perswaded much could not be objected to them on that account and partly for other causes and for that in particular of their extraction generally as for that also of some powerful Relations of some of them and albeit he saw well enough at the same time what influence the example of the Dublin Clergy in general both Parish-priests and Religious Orders of which Orders there he had only yet won the Franciscans and two of the Dominicans but none at all of the Augustinians Carmelits Cappuccins or Jesuits no more then he had none of the Parish-priests who were four or five and together with the said Regulars made fifty Priests or there abouts in that City albeit I say the Procurator saw well enough what influence the example of the Dublin Clergy in general would have upon the rest abroad in other parts of the Kingdom and that it would be to no great purpose but altogether vain to expect a concurrence from these if those had refused even there where the Lord Lieutenant and Council and Parliament sate and where notwithstanding the Dissenters had as much favour or freedom tolleration or connivence or whatever else you call it as the Subscribers and that on the other side the Dissenters had the advantage of the Subscribers at Rome and with the Generals of Orders beyond Seas of whose special favour
had no power in any contingency whatsoever to excommunicate him for continuing so in his loyalty Because that otherwise he binds himself against his own conscience to oppose a lawful power lawfully acting in some case which may possibly happen That on the other side if they did not mean really and conscientiously and sufficiently too as to the form of words to declare and oblige themselves as to matter of fact or in all contingencies whatsoever to to be loyal to the King notwithstanding any sentence of deposition excommunication or other declaration whatsoever c. then it was to no kind of purpose for the King or his Lieutenant to receive any Form at all from them That it should be argument enough to any States-men or other persons whatsoever of even but ordinary understanding that their meaning was not good just or honest if they pursued their design of leaving some starting holes for themselves or others as they had hitherto in in their several forms That finally no man that knew any thing of their School-divinity especially concerning the Popes infallibility and their maximes of extrinsecal probability was so blind as not to see their purpose in declining a declaration and protestation against the matter of right and that it was to no other then to have a sufficient reserve for themselves before the world in case his Holiness should point-blanck determine definitively for himself that question of right and upon that account condemn the printed Remonstrance of 61. and to no other at all then that they might be able then to speak confidently they had therefore even upon the contradictory question denied to declare against any such pretended power in his Holiness and to say consequently that now his Holiness having defined that power to be in himself and pursuant thereunto deposed the King or excommunicated his people for obeying him they also were quit of all obligation by any Remonstrance of their own which therefore they framed so as not to oblige them by its tenour in such a case But all these reasons were lost on the Fathers nay even on him that had as the Procurator thought very sincerely and faithfully promised so often to subscribe even the Remonstrance of 61. in terminis nay and after he had not only heard from the Duke 's own mouth so much of His Graces earnestness in that business but seen moreover within a while after His Graces Letter written all by his own hand to the Procurator on that subject which Letter I shall give presently upon another occasion XXXVIII This ill advised carriadge and strange obstinacy of those Fathers did not a little perplex and grieve the Procuratour both in respect of themselves and himself and the cause too For he had a particular kindness to some of them nay to their whole Order generally in Ireland for the great communication intimacy and frendship formerly betwixt their leading men and him at Kilkenny in the controversies of the Confederats and Lord Nuncio Which he manifested sufficiently in his panegyrick of St. Ignatius their Founder delivered by him in their Chappel in that town and at their own instance in the year 48. And therefore he was now so much concern'd in them for their own sakes because he foresaw that if they would pursue this obstinate resolution it would in time reflect heavily upon them all in Ireland and confirm those that managed the State there in as great prejudices as those were held generally in England these fourscore years against the Fathers of the Society in particular For his own too he was so much concern'd because when the Remonstrance was first at London graciously received by His Majesty and consequently not doubted of to prove in time by the subscription of it very instrumental to prevaile with His Majestie for some ease and some quiet and protection to the subscribers and when notwithstanding some talke was there about some Jesuits opposeing a great Minister of State bid the Procuratour not to trouble himself at all with any thoughts of perswading the Jesuits to it because said he of the wicked and perfidious principles of that Order generally in their Morals being such as they elude all tyes and duties and so elude such that there is no faith to be given to their subscriptions and because that notwithstanding so great prejudices against them yet the Procuratour singled out the carriadge and represented it of those in Ireland whereof he told the experiences he had from that was said to be of the Fathers of that Society in England in former or later times and hereby perswaded that Illustrious person to hope better of the Irish Fathers and lay all prejudices aside for some time against them until he had seen the issue For the cause in hand also because he foresaw what influence this example of their however unreasonable obstinate carriadge would have on the rest of the Dublin both Regular and Secular Clergiemen and these and those both joyntly and severally on all the rest of the Kingdom not that the Iesuits in Ireland have any thing singular in them either for number or learning being in both inferiour at present to several other Orders even of the Irish Religious men but for the repute of wariness had of them and for their more frequent correspondencies with their General at Rome to which they are tyed above all other Religions and for the great power their General is supposed to have with His Holines and consequently for the dependence many of the Irish Clergie who pretend at Rome have of the Fathers here who transmit their letters and recommend their pretensions XXXIX In January following 42. or 43. according the several stiles of England and Rome the Procuratour together with Father James Fitz Simons Guardian of the Franciscans at Dublin and Father Anthony Gearnâ—n of the same Order went to Multifernan in Westmeath and mett there with the very principal heads of the whole intrigue against the Remonstrance who came thether also from several parts of purpose to meet him These were Father Anthony Docharty then actually Minister Provincial of the Franciscans throughout the Kingdom Thomas Makiernan Brian Mac Egan Bonaventure Mellaghlin all three formerly since the troubles of Ireland begun haveing by succession borne at several times the same Office and Peter Gennor then Guardian of that place and Definitor Father Francis Ferral who was of late also Provincial of that Order and most earnest against the Remonstrance and as leading as any they had if not more and their chief Divine and should have been of that meeting came not because of a fit of the gout sorely upon him But as being within 8 miles to them they had his advice and mind These having been the men that lead all the dance and not of late in this matter only but many years before in all other affairs who had sent an express Agent over Seas to get the Remonstrance condemn'd at Rome and by forreign Vniversities
but give my Reader this advertisement also That even with such questions both the infallibility of the Catholick Roman Church and the religious and rational piety also of that very Church in venerating and invoking him may subsist Because her infallibility regards other matters as I have said before and because her veneration and invocation of this or that Saint in particular whose sanctity on earth and glory in heaven is not revealed unto her otherwise or taught by clear Scripture or constant Tradition from the beginning doth and must of necessity alwayes imply as to such I mean who see no evident miracles or who are not throughly convinced of such this tacit condition That he or she whom they invoke be in glory and because also moral certainty from humane faith may ground a religious and pious practice as no certainty at all but meer probability of natural grounds may be sufficient to enact a binding law or sanction even also in order to piety and because moreover the prayers of the faithful to Saints whether they invoke them in recto or in obliquo regard principally and without any comparison but that of an infinit disproportion God himself and are terminated in him alone and so farre only regard the Saints as they are in his favour grace and glory and so far only as he is pleased we should either venerat or invoke them So that if in any kind of contingency it may happen that the Church be deceived in her opinion which in this matter depends of humane testimonies and humane knowledge apprehension or sense it cannot be therefore said that her practice is either impious or irreligious or indeed any way foolish Not impious or irreligious for the reasons hitherto given of the tacit condition and primary termination of the worship and prayer nor foolish being she hath grounds enough of and for a moral humane certainty or firm adhesion of such humane belief or perswasion to the material object of her understanding by reason of the formal object of her assent in such matters this formal object being in part the most credible testimonies of other men and in part also at least sometimes the evidence of sense And so I have done at last with all my answers to the fourth and grand and very last of all those I call'd remaining objections and have done also with all my observations and advertisements to the Reader concerning this matter of Thomas of Canterbury Only for a final perclose and for the greater satisfaction yet of the more curious Reader I will add here two appendixes The one is brief and concerning the height or amplitude whereunto the exemption of some persons and some crimes from the civil Judicatories in England grew For at last it came to be such that not only the criminal Clerks themselves however guilty of what crime you please but also the very most enormous lay criminals when their crimes had relation to or had been committed against a Clerk that is when they had impiously and execrably murdred any Clerk Priest or even Bishop or Archbishop were exempted from the secular power but understand you this conformably to my doctrine before were sent to Rome to receive such pennance as the Pope should be pleased to inflict and thereby were absolutely freed of all other punishment that is of any which the civil power and the civil or municipal laws did use or inflict for murder All which to have been so in England for some time is so true that not even any of those very most impious four murtherers of St. Thomas of Canterbury himself though a long time after remaining peaceably and publickly altogether in the village of Cnaresburc in the West of England and at the house of Hugh de Mâ—roville who was himself one of the four murtherers and Lord of that Town or Village of Cnaresburc was at all enquired after by the lay Judges nor as much as touch'd or proceeded against in any wise by them but suffer'd to depart peaceably to Rome when themselves saw that all men and women shun'd their company and that none would either speak or eat with them nor even the very dogs taste of their relicks or fragments whence they were sent by Pope Alexander to do pennance at Jerusalem where finally living a penitential life by his command in Manic nigro they dyed and were buried without the gate of the Temple with this inscription Hic iacent miseri qui martyrizaverunt Beatum Thomam Archiepiscopum Cantuaâ—iensem And yet is so true that immediatly or at least very soon after the dayes or death of St. Thomas of Canterbury Richard Archbishop also of Canterbury either he that was the Saints immediat Successor or he at least who was the Sixt after him in that See for both were Richards and this last was called Richardus Magnus and sate as I take it in the dayes of Henry the Third and I have not leasure now to see which of them it was nor is it material much to set down here which complain'd of the abuse and complain'd thus most grievously of it as you may read in Petrus Blesensis and in his seventy third Epistle to the Bishops of England Clerici vel Episcopi occisores Romam mittuntur sayes he euntesque in deliciis cum plenitudine Apostolicae gratiae majore delinquendi audacia revertuntur Taltum vindictam excessuum Dominus Rex sibi vindicat sed nos eam nobis damnabiliter reservamus atque liberam praebentes impunitatis materiam in sauces nostras Laicorum gladios provocamus Ignominiosum est quod pro capra vel ovicula gravior pro sacerdote occiso paeâ—a remissior irrogatur Where also you see this good Archbishop acknowledging in formal words not only a double inconvenience arising from such exemptions and reservations but in effect also and expresly enough acknowledging that the King did upon one side justly challenge to his own say Courts the punishment of such criminals and that on the other side the Bishops did as damnably that is unjustly reserve them to their own ecclesiastical cognizance only The other appendix is a redection upon their impiety and inhumanity who wel-nigh four hundred years after the death of St. Thomas of Canterbury and in the general sack of all the Churches and holy places in England but more especially of those which were more eminent and rich and yet more particularly of the three excellently glorious monuments the first of Alban the Protomartyr of Great Brittain under Dioclesion the Emperour the second of St. Edmond that Christian Saxon King and martyr too as who was killed by the Pagans in odium fidei and the third of St. Thomas of Canterbury perswaded Henry the eight to have a process formed against him I mean Thomas of Canterbury in a Court of Justice and perswaded this King accordingly and effectually though otherwise ridiculously enough to have him declared guilty of high Treason and yet perswaded this King to have an
D.V.J. Vicar-General of Ardmagh James Dempsy Vicar-Apostolical of Dublin and Capitulary of Kildare and Oliver Dese Vicar-General or Capitulary of Meath It being further and upon the motion of the said Dr. Daly agreed betwixt them before the Signature that all the Letters should be by one express Messenger delivered into the proper hands of each and every Prelate or person respectively concern'd and that the said Messenger should appear at and on the first day of the National Congregation to make affidavit there in publick against any that should perhaps fail to appear in his own person or by his lawful proxy As for the Vicars-General or Capitulary of other vacant Sees besides the Metropolitical or Archiepiscopal the summoning of them was left to the Metropolitans and Apostolical Vicars of such Metropolitical Sees as had no Bishops living or residing in that Kingdom And so was the fixing or naming of the Divines who were to assist and vote also in Congregation left to the discretion of the respective Ordinaries and Provincial Superiours All which and whatever else belongs to this matter will be better understood out of the tenour of the Indiction or letter of Intimation To which purpose I give here a true Copy of that was sent to John Burk Archbishop of Tuam who was the onely Archbishop then at home in Ireland though decrepid if not bedrid I am sure when he landed at Dublin from S. Malâ—'s in the year 1662. he was not able to go otherwise to Connaught but in a Litter An original Duplicat of the Letter inviting him and by him the Vicars-General Apostolical or Capitulary of the vacant Sees of his Province viz. Cluanfert Elphin Killala and Killmaduaoh for Mayo is of late by prescription annexed to Tuam I have with me still and word by word as followetth Most Reverend and our very good Lord HAving met here though accidentally and upon other occasions some being in before and others of late come to this Town we thought it nevertheless our greatest Concern to consult together think upon and find out some expedient the best we could and as far as in us lies to procure some ease and some peace or liberty to the Catholicks in general of this Nation and more especially to the Ecclesiasticks for what relates to the publick and free exercise or toleration of Catholick Religion to all and use of their functions to the Clergy And when we had seriously considered all the causes of both our fears and hopes in the present conjuncture and what passed in relation to us since our good Kings happy Restauration and what is continually ever since and even at present expected from us as withal the suspitions we lie under still especially the greater part if not the generality of our Ecclesiasticks and what causes we or many or some at least of us have or are thought to have given for such prejudicial Opinions as yet harboured by those in power against us and how we conceive our selves and all other Pastors of their respective Flocks bound in Conscience to do what they or we may with a safe Conscience to wash away all evil stains or scandals from our communion and profession and that this is pleasing to God and by consequence must be to his Church in general and therefore how we further conceive our selves and all the rest of the Irish Clergy bound to remove by all just wayes the jealousies entertained of us out of His Majesties and my Lord Lieutenants breasts We resolved at last to write to the respective Lords-Bishops Vicars-Apostolick and General as likewise to all the Provincial Superiours of Regular Orders humbly and earnestly intimating unto all as we do by these presents to your Lordship in particular our sense of the expediency and necessty of a general meeting of the said Lords-Bishops Vicars-Apostolick and General and of the said Provincial Superiours all by themselves personally such as may or such as may not by their Proctors sufficiently instructed and authorized to conclude what the major part shall agree upon for giving His Majesty those rational assurances of our future fidelity to Him in all Temporal causes and contingencies whatsoever which we may And our further sense of ten such persons only out of each Province whether Prelates or Proctors or Divines Commissioned by the respective Prelates and Vicars-Apostolick or General So that the whole number of the Convocation exceed not Forty only the Superiours Provincial added to that number and two Divines more with each of these Provincials Intimating further our sense of the place and day we have found necessary to fix upon which is Dublin and the 11th of June next year of our Lord being 1666. desiring all most earnestly and in particular and above all others your Lordship to concur with our sense in all these porticulars and that your Lordship and all the rest will believe we had sufficient grounds for each As also assuring all that shall there and then meet of the above Prelates Vicars Superiours Proctors or other Divines that they shall be free to come and return again to their respective places And that we have no other end herein but the general good And therefore that we for our own parts shall not fail with Gods good pleasure to meet at the said place and day and at the residence of the Parish-Priest of St. Owens Church Which being all we have to say in writing on this Subject we pray your Lordship may be pleased to communicate this Letter to your own Suffragants or Vicars-Apostolick and General of your Province to whom in particular we thought it needless to write otherwise than by this to your Lordship and them all Yet earnestly entreat them and every one of them hereby and by your Lordships power with and influence upon them to concur with us and bring their number for that Province to the said place and at the said day And so we heartily commend your Lordship and them all to the protection of God and most holy direction of his Spirit in all things Dublin Nov. 18. 1665. Your Lordships Most humble and most affectionate Servants Patrick Ardagh Pat Daly Vic Ardmachanus ac Totius Provinciae Judex delegatus Oliverus Desse Vic Ger. Miden Claun Ja Dempsy Vic Applicus Dub Capitularis Kild Such another was subscribed and endorsed to Dr. Owen O Swiny Bishop of Kilmore who had been questionless for many years before bedrid and unable to exercise very scarce any part of his Function And yet besides Tuam and Ardagh was the onely Bishop of the Roman Communion then at home in Ireland For Antony MaGeoghegan the late Bishop of Meath who was the first that in his several Letters to the Procurator in the year 1662. pretended as his onely excuse for not signing the Remonstrance and gave his earnest desires of a National Congregation to be held first viz. to consult of the lawfulness or expediency of such signing was now dead A third Letter also the
the General Assembly of the Confederate Catholicks at Kilkenny during Petrus Franciscus Scarampus's Negotiation there from Pope Vrban the VIII and before Rinuccini came under Innocent he was created Bishop of Ferns In the year 1666 when the fatal Congregation of the Irish Clergy assembled at Waterford under the said Nuncio Rinuccini for rejecting as they did reject the first Peace he was Chancellor of that same Congregation Soon after this it was that I had the honour of some little personal acquaintance with him and that upon a very extraordinary occasion indeed viz. The Nuncio having presently after both possessed himself of all even the very Supreme temporal power of the Confederates and which was consequential no less suddenly design'd the utter ruine of the King's Lieutenant at Dublin resolved therefore to command away out of Dublin and all the English quarters every one of the Priests that lived there for the comfort of the Lay-Catholick inhabitants For besides many other motives the Nuncio had heard that all the chief if not every one of the Romish Priests remaining at Dublin especially Mark Rochford a Dominican Peter Darcy a Franciscan Thomas Quin a Jesuite three eminent men and famous Preachers with some five more being sent for had given the Lord Lieutenant under their hands That the Roman-Catholick Inhabitants of Dublin not only might but ought in conscience to fight in defence of that Town against the Nuncio's Army and to be in all such matters faithfully obedient to his Excellency Wherefore by command from the Nuncio but by whose contrivement I know not a small Committee of three was appointed viz. our present Bishop of Ferns Walter Enos Dr. of Divinity Author of the Book against the Peace of 1646. and my self to consider of and draw in writing a Formulary of precept and censures to command all the Romish Clergy Secular and Regular every one residing either in Dublin or elsewhere under the said Lord Lieutenants command or power to withdraw totally out of all such quarters and retire into those of the Catholick Confederates On this occasion and first of any time that I remember my judgment of and disaffection to the Nuncio's cause did appear to them For I not only opposed that design with unanswerable reasons and a plain assertion too that there was no power from Christ not even in the universal Church of Chirst to lay such a command on the said Clergymen or others in the case but also broke it utterly so that there was no more of any such general precept Within some few months after this Bishop * Having been also presently or at least soon after the rejection of the said Peace of 1666. made a Supreme Counsellor and Nicholas Plunket Esq as persons in all respects worthy of and answerable to the employment were sent Ambassadors to Rome from the Confederates to crave assistance from His Holiness Innocent X. for carrying on the War now that to please that Court they had rejected the first Peace though otherwise concluded with the King and even publish'd and accepted both at Dublin and Kilkenny However about the end of the year 1648 being return'd to Ireland bringing with them some holy reliques but no money and finding the affairs of the Confederates wholly altered the Nuncio and Owen O Neal's party worsted Inchiquin's Army declared for the King the Marquess of Ormond as the King 's Lieutenant living in his own Castle at Kilkenny a general Assembly of the Confederate Catholicks sitting in that Town and treating of and concluding a second peace with his Excellency the Nuncio retired or rather forc'd to flie as far off as Galway expecting only the issue of that general Assembly in a word the generality of the Nation crying for Peace with the Protestants of the Royal party the said two Ambassadors and consequently our Bishop of Ferns saw it was but reason to give immediately in person the best account they could of their Negotiation to those Estates assembled in whose name they were sent to Rome as only by Letters they did after to the Nuncio And if I be not mistaken that given to the Assembly did either hasten or facilitate the conclusion of the later Peace then concluded in 1648. This I remember well that after all Articles thereof had been agreed upon in the Assembly and that it was thought fit to call an Ecclesiastick Congregation of all the Prelates then at Kilkenny and some other Divines to give the Clergy in particular all the best satisfaction could be before all things had been finally determined and this Congregation sate my self being one of those Divines and our Bishop of Ferns placed in the Chair he spoke excellently well to allay the scruples of such Clergymen as seem'd to apprehend or made a Bugbear of the Nuncio's dissent nay and to that end amongst other Arguments produced a Copy of the Articles of Peace lately before concluded between the great Catholick Emperour of Rome and the Protestants of Germany Articles quitting even the very spiritual Jurisdiction of so many Churches to Lutherans and yet Articles granted by the said Emperour yea notwithstanding an express Protestation made by the Popes Nuncio against them and Peace founded on them The later Peace of Ireland being hereupon immediately concluded in pursuance of the Articles thereof our Bishop of Ferns was made and sate one of the Twelve Commissioners of Peace for the whole Catholick part of that Nation as who were to abide in the nature of a Council with the Lord Lieutenant until Parliament but invested with a greater power than that of bare Counsellors In that quality and while fortune smiled on the Royal Affairs in that Kingdom for Six months after the conclusion of the second Peace the Bishop seem'd constant enough to his new engagement But after the breach of Rathmines and so many other disasters which in the year Forty nine followed and that he with Sir Nicholas Plunket being sent special Commissioners from the Lord Lieutenant to Owen O Neill had upon Treaty brought in the Northern Army and yet nothing mended not even for so many Months after in the year 1650. but all things daily worse and worse either the common calamity of the Nation or special and particular of his own beloved Diocess of Ferns and County of Wexford the County so considerable indeed in the dayes of the Confederacy that it paid to the publick Threescore thousand pounds one year only had the strong Fort of Duncannon the great Towns of Wexford and Rosse besides so many other Corporations as together with the two Knights of the Shire made Eighteen Parliament and General Assembly men and the County moreover wherein as he seemed to have been for many years the only chief and principal leading man so whereby he was rendred throughout the whole Nation a man of more than ordinary credit and esteem when I say the Bishop saw so great a change both in the publick and his own private Affairs by the
present affair of the National Assembly the Primate writ to me from Paris how himself had sent him the letters of Indiction and how he i. e. Kilfinuran had soon after come to Paris and remain'd there a whole month incognito seeing only the Nuncio Apostolick viz. to receive instructions and some few others whom he could trust but not him that sent him the Indiction 7. That his carriage after upon his landing and in the Congregation did shew he rather was glad there should be such a National meeting of the Irish Clergy at the time and place appointed than not Because that the Parliament also of the Kingdom being to sit there at Dublin and at the same time and consequently a numerous concourse even of all other Irish besides the members of the Congregation to be seen there and then without any fear or danger and a great prospect also into the War with Holland by that very time expected he could not desire a better opportunity either to understand the thoughts of his Countreymen generally or infuse his own into them Which very reason I doubt not prevail'd also with the Primate although I confess there was otherwise but very little either friendship or correspondence betwixt those two Prelates nay scarce any at all betwixt the Primate and any of all the rest of the surviving Prelates VII THE next in order amongst the Irish Clergy to be considered is William Burgat a Secular Priest Vicar-general or Capitulary of the Diocess of Imly and Custos also as they call'd him of the Diocess of Limmerick both in the Province of Cashel or Munster but residing or abiding at that time and since the year 1663. at Rome as the sole Agent in that Court for the Clergy of Munster and half Agent too therein for the Clergy of the Province of Tuam or Connaught one Dr. Dowly being partner with him in his Agency for this latter Of him who is now since the year 1669. made Archbishop of Cashel I have spoken somewhat before Part I. Sect. xxii pag. 56. What is proper now is to give you his Letter without date from Rome to the Primate at Paris The original whereof was after the Primate's landing at Dublin on the 15th of June 1666. delivered to the Duke of Ormond then Lord Lieutenant of Ireland and that very night given me by his Grace Out of it the Reader may understand how and by whom those Thundring Letters by an Express from that Court which you shall have in the two next Sections were procured to hinder the intended Congregation or at least to frustrate the ends of it if they came not time enough to prevent or totally hinder the very meeting it self of the Fathers upon any account whatsoever Father William Burgat's Letter from Rome to Primate Reilly at Paris in or about the month of March 1666. concerning the intended National Congregation of the Irish Clergy at Dublin in June 1666. My Lord I Suppose Dr. Brenan informs your Illustrissimo of passages here from time to time which I omit to do to avoid troublesom repetitions That meeting intended in Ireland ill taken His Holiness therewith acquainted willed a Congregation to be thereupon as Cardinal Patron told me not yet had Monfroni tells me some Letters they will soon dispatch to hinder the same Yesterday I acquainted him with those Reasons your Illustrissimo writes in yours to Dr. Brenan for not going to Flanders which he took very well and approved expressing the intent to be to avoid jealousies in the present conjuncture of Affairs which to do your Illustrissimo his resolution for Britain seem'd most opportune and promised upon occasion he would acquaint His Holiness therewith Though they promise something will be soon done in setling our Hierarchy yet I am of opinion they will expect to see what effects the present great preparations and negotiations over all Christendom will begin to produce By their recklesness of the Affairs of unhappy Ireland suffered them to grow to that intricacy as now it seems irksom they hear of them and upon the least shadow of reason are apt to put them by I did in the beginning of February last acquaint Monfroni with the intended meeting in Ireland for then I had notice thereof but he made no matter of it neither when your Lordship sent a Copy of the Summons delivered him by Dr. Brenan till many days after stirred by Albrici he acquainted His Holiness with the business and do verily believe he had some check for he passionately complained even to me that your Illustrissimo did much forget in not sending something authentical or writing to himself or the Congregation and of me also to others in that I did not repair homewards with that settlement you heard of whereby I may help to prevent such inconveniencies but I think I have at long running satisfied him and am sure have others of greater note of my deportment therein You see my Lord in what condition the Concerns of miserable Ireland be God in his great mercy look upon us and send what most to his own glory and good of his Church The rest were onely private business and salutes to Friends After which he subscribes thus My Lord Your Illustrissimo 's most humble And faithful Servant Will Burgate This Letter needs no Comment to shew how Father Burgate did busie himself at Rome either to prevent and wholly hinder that National Congregation from being i. e. meeting at all or at least to frustrate the intended scope thereof Nor any to shew the great Alarm taken by that Court upon the news since His Holiness commanded a special Congregation of Cardinals to be held thereupon of purpose as indeed was soon after held But Father Burgate must be excused since by and through such his endeavours he aimed at the Archbishoprick of Cashel which he obtain'd after as a reward of his zeal for the holy See and for the consequential alienation of His Majestieâ—s Subjects from the Faith and Obedience they owe Him at least in Temporals And upon the same ground must Dr. Brenan also be excused since he was no less ambitious of a Mitre and hath now that of Waterford which had he not been known a zealous Anti-Remonstrant though otherwise not known at all in Ireland then he had never obtained from that Court VIII BEfore I give the result of that Roman Congregation of Cardinals or Letters of those appointed thereby to write to Ireland the pleasure of His Holiness and said Cardinals it is not amiss to shew first how or by what means I came to know see and have also in my custody those very original Letters which they took so much care of by an Express from Bruxels and from the then Internuncio of Bruxels now Cardinal Rospigliosi It was about Mid-May 1666. that very time when the Lord Lieutenant had been absent from Dublin some few dayes in the North of Ireland to reduce as he did the rebellious Garrison of the Town
in the late Rebellion or civil War which you please to call it or even to speak one word for so much as a general Petition to be exhibited to his Majesty imploring His Majesties gracious Pardon No there was no crime at all committed by all or any of the Roman Catholick Clergy of Ireland not even at any time nor in any occasion or matter happened since Octob. 23. 1641 if we must believe the Bishop of Ardagh Patrick Plunker pleading for them so in express terms and the tacit approbation of his words by the Universal silence of that Assembly nam qui tacet consentire videtur according to the rule of the Canon Law But who can believe either and not rather be hence convinced that God in his just indignation had suffered those Fathers to be for their punishment so strangely infatuated against all reason common sense the knowledge of all People and their own interest too For certainly and too too notoriously so they were all along in all their affairs during the fifteen days they sate but in this particular above any other even to astonishment However the Congregation being that evening adjourned to the next morning as soon as it was late and dusky having first prepared his way I went along with the Primat to the Kings Castle where my Lord Lieutenant received him privately in his Closet none being present besides me After salutes his Grace having first placed this greatest Roman Catholick Preâ—â—â—t of Ireland by him on a seat using him also with all other civil respect which the difference of Religion and reason of State could allow entertain'd him with a short but pithy material excellent Speech or rather lesson indeed It continued about a quarter of an hour And I must confess that in my life to my remembrance I never heard so much to the purpose said either so short or so well with so much weight and gravity not only not from any Lay-person to a Church-man but not even from an Ecclesiastick to any even Laick Nor was my judgement herein single The Primat himself confessed so much even openly too next morning before the whole Congregation as soon as they were sate and some occasion was offered him to speak before them of what the Lord Lieutenants Grace had recommended to them Nay he confessâ—d it also in these very Latin words Tanquam Angelus Del loquutus est mihi rendred in English Like an Angel of God he spake unto me What the heads were may be easily guessed out of what is said before both of the Primat himself and other matters hitherto in this Second part And the words I have lost because the Paper which contain'd them Yet I remember 1. They began exactly thus You know very well it was not for your good deeds the Pope created you titular Primat of Ardmagh 2. That all the while the Lord Lieutenants Grace continued speaking the Primat never as much as once lifted up his eyes but bare headed as the Lord Lieutenant also was held them still immoveably cast down and in truth behav'd himself because so conscious to himself as like a guilty penitent Transgressor admitted to the presence of his Lord as any could 3. That when His Grace the Lord Lieutenant either asked or minded him of what conditions I had proposed for his safe return and writ to himself to France he denied again that he had received that Letter 4. That I repeated thereupon in that presence of both the same Arguments I had the day before to the Primat alone to shew the unlikelihood of this excuse or at least my extream wonder at such a chance having nevertheless let fall some other words of purpose to lessen all I could before his Grace the Lord Lieutenant this weakness of the Primats answer 5. That his said Grace notwithstanding he saw clearly enough it was a meer story yet seemed not once in the least moved not as much as to reply one word on that or other subject to contristate or afflict him more but with much civility and obliging kindness recommended to him to improve the present opportunity in the Congregation for his own and Clergies and Countries best advantage and endeavour not only to rectifie but in some measure to satisfie for whatever had been not well done at any time before and so dismissed this Prelat very much satisfied with his gracious reception These are the heads of what I remember occurred or passed betwixt His Grace and this Primat then being the only time they conferred or saw one another And yet I must here take notice to the Reader That soon after the Congregation had been dissolved the Primats own Vicar General Doctor Patrick O Daly together with an other Priest of his Diocess lately then come from Paris told my self each of them at the same time with me at Dublin they had themselves severally heard from the said Primats own mouth That indeed he had in Paris before he came away thence received that Letter of mine which he so lately denyed both to me and to the Lord Lieutenant to have received but that he dared not acknowledge it either to the Duke or me or any other should tell because he then might be justly called in question for other matters if he signed not the controverted Remonstrance which yet partly through fear of the Court of Rome and partly too for other causes he neither dared nor would sign XV. THE next day being the fifteenth of June and fifth of the Congregations sitting the Lord Lieutenant having sufficiently understood their little sense of the only end for which he permitted them to meet and further how some of them had endeavoured to highten a false report of his intentions to depart suddenly out of Town of purpose to pretend they wanted time to consult or deliberate and so excuse themselves if they gave not full satisfaction it being consequently alledged they could not with safety continue their sitting when his Grace were so departed and for this reason they were better immediately sign the Instrument prepared to their hands viz. the insignificant one of which before and which you shall see in the next Section and then without further hazard of themselves Dissolve his Grace therefore thought fit to send them by Richard Bellings Esq a second Message to be read as it was this day read to them out of a written paper publickly and exactly word by word as here followeth after the Title The LORD LIEUTENANT's Second Message to the Congregation THat I understand it is reported I intend in a few days to leave this City and that it is thence apprehended by those of the Romish Clergy now met here that they may not have time to consider of and conclude upon the business for which their meeting is permitted namely for Subscribing to the Remonstrance and Protestation subscribed and presented to His Majesty in January and February 1661 by divers of the Nobility Gentry and Romish Clergy Whereupon I think
conveniently be However bid him be ready and let him know we shall be ready for him within two or three days Thus my Lord Lieutenant Much about that same time Father Finachty sent and came also himself to let me know he had now stayed six whole weeks in town expecting that Licence and occasion adding that he could stay no longer for it but would depart to Connaught if not suddenly granted He withal soon after and early in the morning sends me word that he would say Mass privately in my lodging and accordingly comes and says in a private Oratory I had there my self serving him at Mass When he had done and was come down and sate at a fire for 't was Winter and cold weather ready to drink his mornings draught with a toast which was a preparing for him there he complaining of weakness and drowth by reason of the continual sweat every night whereunto he had been for some days before and then subject in comes to that same room unexpectedly Sir William Petit Knight a learned acute Physitian and great Traveller and with him an other ingenious young Gentleman Mr. Robert Southwel * * He is now Sir Robert Southwel Knight and one of the Clerks of the Council at White-Hall hath been moreover lately Envoy Extraordinary both to Portugal Castile as last of all to Flanders likewise for some years a Traveller in other parts of Europe both of them Protestants and both of my acquaintance I having known nothing of their coming or cause thereof did think they only came to see my self as at least Mr. Southwel used sometimes to do But it appeared after that Sr. William Petit was commanded by the Lord Lieutenant to go together with one Doctor Yarner an other Protestant Physitian and find me out and tell me how the sick persons were now in town and all other matters ready of their side and bid me therefore give notice thereof to Father Finachty that he might fix his day his place and company he would have present of his side Now because Sr. William could not meet then with Doctor Yarner he brought along with him Mr. Southwel who both could shew him the way to my Lodgings and was willing enough to come upon such an occasion which suspended the thoughts of many This was the cause of their coming as my Lord Lieutenant himself told me after at night for they did not as being surprized with a suddain curiosity when they saw one with me and that to their question asking me aside who it was I answered he was a person they would perhaps desire to be acquainted with even the famed Wonder-working Priest Father James Finachty For I had no sooner told them so then without any further reply or Ceremony they both go to the fire where he sate and sitting down by him who seemed at first to take no great notice of them Sir William Petty being next him begins to speaks to him in this manner or at least I am sure to this purpose Father I have of a long time heard much of you and lately much more than formerly For my own part I am on this occasion and for what concerns Religion as a piece of white Paper You may write in my Soul what you please as to the way of worshipping God if you attest that way by plain Miracle And therefore if you do by your Prayer remove this Wart which you see on my finger and thereupon shewed that finger of his hand and the Wart thereon I will presently declare my self of your Religion So soon as I had heard Sir William out I thought it high time for me to interpose as knowing his acuteness in Philosophy and Father Finachty's dulness even in matters of Divinity And therefore I desired Sir William to consider better of what he proposed and how unsutable it was to the ordinary custom we read of Saints invoking God and applying themselves immediately to him for a favour above nature to such as desired their intercession This was or only or doubtless customarily to ease them and cure them of some disease or evil which was an affliction to them and could otherwise have no help for it in their own power That this Wart could not be said to be such because either he could easily remove it by many sorts of natural applications known well to himself or if he could not that yet it brought neither pain nor deformity nor other inconveniency with it And therefore such demand of his side and such attempt of Father Finachty could be no less in either than a manifest temptation of God even that kind of sin which Divines with much reason teach to be very mortal in it self and abominable to God Besides let me tell you Sir William said I adding to what I now immediately related that unless you bring along with you a great Faith in God and very pious disposition of your Soul you can expect no Wonders to be done for your sake not even there where otherwise the subject matter could not be denyed to be fit enough Read St. Mark the Evangelist * * Et non polerat ibi virtutem ullam facere nisi paucos infirmos impositis manibus curavit mirabatur propter incredulitatem eorum Marc. 6. vers 5. 6. c. 6. and you shall find that not even our Saviour Christ himself could work Wonders in his own Country where the people were incredulous and that he therefore admired their incredulity to be such as hindred him This I added purposely because I would forestall his further tempting of that weak man Father Finachty and obviate his consecutions to be drawn from any failure he should peradventure see And it indeed together with what I said before made Sir William so considerative that he not only quitted insisting on the removal of his Wart but desired to read that Chapter and passage in Mark which I alledged and accordingly did presently read it even in the Protestant English Bible which I called for of purpose to satisfie him Which being over he recollects himself again and attacks anew Father Finachty telling him That he had in truth an infirmity was very troublesome to him I am purblind Father says he I can read at such or such a distance very near my eyes but cannot a word at any other wherein others do If you will cure me of this troublesome infirmity I shall humbly and religiously acknowledge as I ought Gods both merciful and wonderful hand therein I had by chance walked over towards the Window on the other side of the room when and as soon as Sir William had ended these few words of his later proposal But sooner then I was half way returned back I saw Father Finachey first standing up then saying to Sir William Let us try and then also immediately advancing a few steps and kneeling his back being turned to them and his face to the wall and consequently by private prayer to
and the design of it I added nevertheless That by my consent he should not sign it until at least his publick Tryal were over for said I if you should fail therein of doing those wonderful Cures you have offered to do before all the World here in confirmation of the Roman Church to be the onely true Church of Christ either you your self peradventure or certainly some others for you would be apt to impute such your failure wholly and absolutely to such your signature had this preceded or been And therefore at present laying aside all thoughts of that matter of the Remonstrance consider much rather what more nearly concerns your self now I mean your appearing in publick to morrow if you please and in that manner you your self have desired and to work those wonders you have offered For this Evening have I received at last my Lord Lieutenant's signification of His own plenary consent and final resolution and of all other the materials being ready for you to work upon whensoever and wheresoever you will at any hour and place in this Town and without any kind of further delay being it may be too morrow if you think fit His Grace having further this same Evening told me those two Gentlemen you saw here in the morning and would practise upon one of them and have failed in doing him any good were sent by Him of purpose to let me know so much that I might give you notice thereof as likewise that he you have so practised on being a Doctor of Physick is he that together with another Protestant Doctor also of Physick is to bring the sick men to the place you shall choose and be present to bear testimony of your miraculous Curing those sick persons if God concur with your endeavours to Cure them I had no sooner mentioned this matter of Licence and all preparations ready so for his publick Tryal of skill but the poor Gentleman discovered even in his countenance his inward anguish and extreme trouble Whereby and however clearly by what he then said and after did it appeared sufficiently he never expected that Licence or to be suffered by the State to come to such publick Tryal For presently he answer'd That for this time he could not stay but must go next day for Connaught That there were in Town some Horses returning that way which as belonging to Friends of his were offered to him whereby to save charges That besides he was not nor had now for some dayes been very current in health or strength of body because of a great sweat coming on him commonly at night which weakned him much and that being he must labour mightily in Exorcizing and Praying to Cure those sick persons effectually in case he should appear in Publick for such end and that good health and great strength of body was requisite for such labour he thought it necessary to look first to the recruiting of his health and strength That when after being some time in the air of his own Countrey in Connaught he had by experience found himself throughly recovered he would be ready whensoever I called him to appear at Dublin and for my Lord Lieutenant's satisfaction yea and that also of all both Protestants and Catholicks to perform then what he had indeed lately and freely offered but what nevertheless now he thought necessary to decline for a little time As soon as I had heard him out I know not whether he himself was more troubled than I. Which made me reply to this purpose Father Finachty you cannot but remember how seriously and often these six whole Weeks past even from the very first moment you motion'd to me your desires of such a publick Tryal I have dehorted you Nor can forget my reasons given and freedom used to dissuade you from so rash not only attempt but proposal Nor likewise how on the other side you notwithstanding all have continually to this very day partly by your self and partly by messages by some other friends urged and pressed and importuned me to get you this Licence nay nor how before this present hour and speech of yours I never understood from you that you intended not really to stand to what you so freely and only of your self offered by me to and beg'd of His Grace the Lord Lieutenant And now that His Grace hath of his part condescended to all your demands will you on such pitiful pretences decline of yours to perform Have you no more regard of your own credit no more even of the Catholick Cause which you so expose in this Country to contempt and laughter What 's become of your extraordinary Zeal What of your wonderful confidence in your own Wonder-working virtue As for your motives or pretences to depart presently who is it think you will not laugh at them Besides if those you have given be all how easie is it to remove them All and each I will my self remedy if you please to stay and stand by what you have offered I will then whatever issue your endeavours have procure you a Horse for Connaught notwithstanding you lose this offered to you now nor shall you want another for your Servant if you have any And for the want of health and strength which you complain of and to recover both albeit every one sees you strong and healthy that you eat and drink and sleep well go abroad without fear of being ill yea and Exorcize and Practice every day on such diseased persons as come to you privately and consequently see not your sweating some nights or some hours hath been hitherto any argument of your want of health or strength to hinder you from appearing in publick on such an occasion specially which you have your self so vehemently pursued yet however to make you more vigorous and better prepared in all respects especially by recollecting your inward thoughts and all other motions of your Soul you shall have for as long as you will this Chamber and that Closet with the books in it and the private Oratory above your head and a Servant to attend you and meat and drink and Physick too if you please and whatever else even company or loanliness until you find your self recruited perfectly wherein you think your self decayed and I will in the mean time both excuse you and put off the day of the publick appearance till then Which if you refuse and rather choose to expose your self immediatly to a long journey of a hundred miles in foul wayes and sharp weather who can but see you are not sick at all nor apprehend any danger from your sweating humour And then consider also that men are not such dolts as to be perswaded that your vehemence of balling or blowing or boxing is it that can miraculously cure or that such a Supernatural gift as you pretend to have must depend on your bodily health in case you wanted both But if notwithstanding all these considerations and proffers too I now make you
to what I expected and I think expresly desired too But whether he mistook or not I found not that the Copy which he about a Fortnight after sent me answer'd my expectation wholly in any point save only in that concerning those two Books their decree consent or sense against Father Finachty being not mention'd therein and but very little of what I drove at in my discourse on the first Head concerning our obligation to observe religiously both Feasts and Fasts and other spiritual holy duties enjoin'd by the King For that Copy you have here exactly in this following Letter of his from Ross 7 July 1666 to me at Dublin Very Reverend Father IN compliance to your last speech with me I here insert such acts as I have writ though I may not say they are formal ones by reason they were not seriously digested and couched by select Committees but only upon the motions and allowance of the House for my memories sake pen'd by me they being not the principal scope of that meeting Primo Electus est Prolocutor Roverendissimus D. Andraeas Finiboren Episcopus Electus est Secretarius Nicolaus Redmond Vic. Gen. Fernen Secundo Statutum est quod nihil in presente Convocatione quoad Vocationem Sessionem Praecedentiam vel Subscriptionem actum cedat in praejudicium alicujus cujuscunque dignitatis aut instituti in futurum Tertio Statutum est ut quilibet Sacerdos saecularis cujusvis Ordinis Regularis singulis diebus dominicis festis specialiter omnibus diebus quibus vel a Rege vel Pro-Rege preces publicae indicuntur fundat certas preces Laicos similiter facere moneat Pro foelice successu Serenissimi Regis nostri Caroli Secundi Regina totiusque domus Regiae necnon Excellentissimi Domini Jacobi Ducis Ormoniae familiae ejus Quarto Liber inscriptus C. M. alias Cornelio sienti antehac Galviae a Clero Kilkenniae a Supremo Concilio Confaederatorum condemnatus ignis datus est ita etiam in hoc coetu condemnatus igne cremari dignus judicatus est Quare omnibus singulis utriusque Cleri qui librum istum penes se habent vel alibi inventum repererint praecipitur ut illum ad suos respective Superiores deferant in ignem conjici faciant Quinto Similiter fiat de libro attributo Ricardo Ferrall Capucino Sexto Quicunque Sacerdos Saecularis deprehensus fuerit distinctiones facere inter Provincias Provincias inter modernos antiquos Hibernos pro prima vice qua de hoc crimine convictus fuerit solvat quinque solidos pro secunda viginti pro tertia fuspendatur ad beneplacitum Ordinarii Septimo Quicunque Regularis cujusvis Ordinis de eodem crimine convictus fuerit pro prima vice ad quinque dies pane aqua idque super nudam terram vescatur pro secunda decem pro tertia voce activa passiva privetur ad beneplacitum sui Superioris Octavo Quicunque deprehensus fuerit circumferre unam Remonstrantiam falso Franciscanis impositam qua non solum temporalis sed omnis etiam spiritualis potestas Regi tribuitur * * It seems hereby that some malicious persons had instead of the true Remonstrance subscribed by the Irish Divines Nobility and Gentry at London in 1661. S.V. forged another and shewed it to many of purpose to persuade them that this false one was the Remonstrance which Peter Walsh presented to the King and would persuade all others to sign aut etiam Remonstrantiam modo ab hoc coetu compositam Pro-Regi exhibitam falsificare praesumpserit falsariorum paenis subjaceat This much with my love and service to your Reverence and the rest of that Seraphical Family there I take leave and rest Very Reverend Father Your affectionate Friend and Servant Nico Redmond Rosse 7 Julii 1666. However i. e. whether this Father Secretary gave me fully or truly all these Acts or no what is more to my main purpose is to let my Readers know That presently after I had ended my Discourse on the last of the foresaid three Heads and the Fathers had delivered their Sense and Censures by common consent they dissolved the Chairman having pronounced the ordinary dismiss Ite in pace And so we see at last this National Congregation ended XXIII VVHat remains therefore to see also this long Treatise ended is to give here in one entire and the last Section thereof 1. Those other passages relating to the Lord Lieutenant and Bishops which happen'd immediately after the Congregation was dissolved 2. The Procurator 's judgment of this Congregation leading Members thereof and of their several interests and ends 3. How after their dissolution the doctrine of Allegiance in Fifteen several complex Propositions or short Paragraphs was debated for a whole month by a select number of Divines 4. And last of all The Paper of Animadversions given to the Lord Lieutenant and His Grace 's Commands laid on the Procurator These are now the only remaining Appendages What I have to say of the first of them is That as soon as the Fathers had so dissolved as we have seen before every one preparing to depart the Town to their several homes Father Ronan Magin * He is Brother to Father Patrick Maginn the QUEENS Chaplain a Roman or Italian Doctor of Divinity i. e. graduated so abroad though otherwise an Irish man Dean and Vicar-general of Dromore and one too who had some time before the Congregation sate signed the Controverted Remonstrance of the year 1661 desired me to go with him to the Kings Castle and Lord Lieutenant there that he might have the honour of kissing His Graces hands and receiving His Commands before he had departed home to his Diocess I willingly yielded the rather that my own duty required I should my self however wait that morning on His Grace to give Him an account of the Congregations being dissolv'd and I was glad to have some one of the Members present when I gave it because my further duty required I should therein let His Grace understand what other matters had been treated of that Morning before the Fathers dissolved Being therefore both together admitted by His Grace in to his Closet and I giving that account and amongst or before other matters how I was necessitated to oppose the Bishop of Ardagh to his face before all the Fathers in that either through wilfulness or dulness he had so strangely misrepresented in publick to the whole Congregation His Graces answer to him and his Fellow-Commissioner and thereby endeavoured to amuse the Fathers and make them hug their own stubbornness and his and his Cabals unhappy contrivances that which mightily grieved me then to hear and was never since upon any due occasions out of my mind and therefore thought fit to take special notice of here is what His Grace thereupon with very great feeling declared viz. That sayes he these Twenty years I had to do
to such particular or specifical cases But those three foresaid Propositions of the said Congregation are such as as do not so descend by clear express words from which there can be no exception or evasion and of which there can be no distinction according to the present School-divinity of Bellarmine or Suarez or such others to the particular or specifical cases about which the controversie is and the said Congregation being the Proposers have been expresly desired by the King or his Lieutenaut in his Name or by his Authority to descend so in their Remonstrance or Propositions to such cases and they have expresly and obstinatly too refused to descend so or to such particular or specifical cases and yet they are a people whom he hath already by experience and his Father before him found in several publick Instances manifestly disloyal and even perfidious in the highest nature could be Therefore those three foresaid Propositions of the said Congregation are not sufficient in this age as from them for giving assurance to the King of their future loyalty Or thus If the foresaid three Propositions of Sorbon applied by the said Congregation to the King of Great Britain and Ireland and to themselves and rest of his Roman Catholick Subjects of Ireland be in the judgement of the chief Divines and leading men of that Congregation lyable rationally all circumstances weighed to such constructions as I have said hitherto they have already made and will hereafter make of the words to such as they please and when they find it opportune and if notwithstanding they have been expresly and often desired even by his Majesties Lieutenant and for his Majesties assurance of them to descend by clearer and more expressive words to the particular cases wherein the doubt was or would be yet of their future loyalty they all and their Agents for them even to his own face after long consultation for so many dayes expresly refused to descend so or assure his Majesty by those or any other additional Propositions of their future faithful carriage in such particular or specifical cases or I mean to assure His Majesty under their hands and by words comprehending expresly and specifically those very cases then it must follow evidently that they were both absolutly and obstinatly resolved to give no more assurance by the foresaid three Propositions no more satisfaction by them to the King or his great Ministers in coming home to the point or to the particular or specifical cases wherein their loyalty might be and was and is with reason doubted of than they had given before in their Remonstrance as I have in my Exceptions layd open their meaning in and by it But the foresaid three Propositions of Sorbon applied by the said Congregation c. are in the judgment of the chief Divines and leading-men of that Congregation lyable rationally all circumstances considered to such constructions as I have said hitherto c. and notwithstanding they have been expresly and often desired even by His Majesties Lieutenant and for His Majesties assurance of them to descend by clearer c. they all c. expresly refused to descend so c. Therefore it must evidently follow that they were both absolutely and obstinatly resolved to give no more assurance c. I see not I confess what their best or worst Sophisters can say that may ridd them out of the Briars And for the first I think verily none of them that understands reason will have the confidence to speake a word to the matter of either of the premisses the Major being such as in morals and in a Country where such disputes are and so many great and sad experiences relating to the matter of it may be well accounted of the nature and assume the name of that which Logicians call or tearm propositionem per se notam And the Congregation of the Clergie of Ireland at Waterford under the Lord Nunciu's presidencie withal the Decrees and consequents thereof against the peace of 46. and the meeting of the Bishops at james-James-town and their declarations and decrees there against the peace of 48. and all other consequents of that meeting evidently prove the Minor As for the illation and form or frame of the whole I give them leave to consult with Aristotle in his first figure and fourth moode To the second I beleive indeed they will peradventure attempt some kind of answer but such a one notwithstanding as will not abide the tryal They will perhaps denie the Minor as to the first part if they with any kind of colour denie any thing or make any answer at all to either Minor Major or conclusion They will say the foresaid propositions are not lyable rationally to such constructions c. And they must consequently disavow those abstractions distinctions c and therefore say also consequently that I impose on them And this is all they can say with any kind of colour though a very bad one But for conviction of the first branch of this answer I appeal to all judicious Readers of Bellarmines several pieces on this Subject both of those in his own proper name set forth and of those also in other mens and to the daily practice of the Schools and besides to so many other printed authors of Bellarmine's way and brethren that stiffly maintain the doctrine of equivocation and mental reservation And for the conviction of the second branch I appeal even unto Father N. N. the chief speaker and interpreter as a divine of the sense of that Congregation though he was not chaire-man and the very first proposer and to my self also of the said propositions of Sorbon even of all the six to be signed by them though of purpose only to decline the approbation or signature of onely one proposition offered them by me as I have observed in my Narrative Nay and for the conviction of this second branch of such answer I appeal to the whole Congregation and even to all and singular the members thereof whither it be not true that really they denied all along and even on the contradictory question to approve the propositions parts or clauses of the former Remonstrance that I mean of 61. Which in plain tearms disclaims and renounces any power in the Pope to deprive or depose the King or to raise his Subjects in Rebellion c by virtue of any sentence of Excommunication Deprivation Deposition or Declaration or in any other manner soever or under what pretext soever and whether they denied not to declare that there was nothing contained in that Remonstrance of 61. that might be deemed Heretical Schismatical or sinful and whether it was not upon the sole account of such particulars therein contained they did so and whether it was not therefore because they could not approving it pretend any latitude for the former evasions interpretations abstractions exceptions distinctions reservations equivocations for as much as the expressions of that were too plain and
of the Articles of Peace and had purposed to have made it good they should have set down the Article violated by it But they have been so used to have credit given to their words upon trust that whether what they say be true or false they are sure it will do their work and that and not Truth is the thing they aim at We confess to have given Commissions to many Protestant Officers and that they and their men were provided for as others of their respective conditions And VVe affirm That for their Fidelity Gallantry and Ability they deserved their Commissions and Pay full as well as any other of their respective conditions And it is not true That they or the most of them or any of them that VVe gave Commissions to did betray any place or person under their Command or ever deserted Us or the Cause VVe undertook True it is That We finding the desire and design of many of the People set on by the Declarers was to starve or otherwise destroy and break the remain of the Protestant Party that came to Us for these and other reasons hereafter to be expressed We permitted them in June or July last to make their conditions with the Enemy and so sent them away But that any one place was betrayed by any of those Protestants cannot be instanced nor that any more than about Three of them whereof one was a Major and the other two Lieutenants ever went away without Our Licence How many of them dyed valiantly doing their duty or that were cruelly put to death by the Enemy there are many amongst you that know Second Article of the Declaration That the Holts and Ports in Munster as Cork Kingsale and Youghal were put into the hands of faithless men of the Lord of Inchiquin's Party that betrayed those places to the Enemy to the utter undoing of the Kings interest in the whole Kingdom This good service they did His Majesty after soaking up the sweet and substance of the Catholick Subjects of Munster where it is remarkable upon making the Peace his Excellency would no way allow the Loyal Catholicks of Cork Youghal and Kingsale and other Garrisons to return to their own homes or houses ANSWER It is very well known That We put not the Holts or Ports in Munster into the hands of any but left them in the hands We found them as We had good reason to do those persons without capitulation having received Us as His Majesties Lieutenant And if any of them have betrayed those places as We conceive the Governours of Cork Kingsale and Youghal did not but were by others betrayed We are not reasonably chargeable with their Treachery and We believe they soaked as much of the sweet and substance of Munster and were as chargeable to that Province before as after the Peace Nor is it strange if they would not agree to a Peace that must have let in those that had been of a contrary Party to be Masters of the Holts they had before the Peace upon any occasion of their drawing forth till a full settlement of Parliament till when the Confederate Roman-Catholicks were to hold the Towns possessed by them But provision was made Articles of Peace in the 17th article See it before in the Appen of Instrum pag. 53. That such as were not admitted to re-inhabit the Towns for We understand divers were were to have the full benefit of their Houses and Estates in the said Towns or Garrisons So that what is remarkable in that in making the Peace We would not allow the return of those of Cork Youghal and Kingsale to their Houses We see not more than that as without they were debarred from it for a time neither the Army under the command of the Lord Inchiquin nor the then Inhabitants of the Towns would be drawn to submit to the Peace so as the Assembly being convinced thereof and of the great danger it might bring upon the Kingdom to have them oppose the Peace consented to the Article as it is expressed in the Book of the Articles of Peace But that which these Declarers would indeed have marked and collected out of their dark Note is That by this means these Towns were perhaps purposely given up by Us to the Rebels For as they have infected the People they know them so ready to make the worst construction of all events that they need not speak plainly to them Third Article of the Declaration Catholick Commanders instanced by the Commissioners of Trust according to the Pacification and thereupon by his Excellencies Commission receiving their Commands in the Army as Colonel Patrick Purcell Major General of the Army Colonel Piers fitz Gerald alias Mac Thomas Commissary of the Horse were removed without the consent of the said Commissioners and by no demerit of the Gentlemen and the said places that of Major General given to Daniel O Neale Esq a Protestant and that of Commissary of the Horse to Sir William Vaughan Knight and after the said Sir William to Sir Thomas Armstrong Knight both Protestants ANSWER To this VVe have fully answered in Our Answer to the second Article of the pretended Grievances except the particular of Mr. Daniel O Neale who was not named in the said Article For your clearer satisfaction VVe have caused the said Article and Our Answer to be Transcribed as followeth Article viz. The second of those called the Grievances They say That notwithstanding it was by the said Articles * Articles of Peace See the 9th of them before in the Apoendix of Instrum pag. 49. provided That places of Command Honour Profit and Trust in His Majesties Army in this Kingdom should upon perfection of the Articles actually and by particular instances be conferred on the Roman-Catholick Subjects of this Kingdom and that for the future no difference should be made between the said Roman-Catholicks and other His Majesties Subjects in distribution of such places but that it would be indifferently and that the command of Forts Castles Garrisons Towns and other places of importance in this Kingdom should be upon perfection of the Articles by instances conferred on His Majesties Roman-Catholick Subjects in this Kingdom and that 15000 Foot and 2500 Horse of the Roman-Catholicks of this Kingdom should be of the standing Army of this Kingdom yet contrary thereunto were persons by instances vested in places of command in the Army upon perfection of the Articles soon after removed and others placed in their stead (a) As in the cases of Major General Purcell and Commissary Peirs fitz Gerald. That Commanders of Forts instanced upon Catholicks upon perfection of the Peace were soon after transferred to Protestants (b) As in the case of Capt. Thomas Roch in the Fort of Duncannon That His Majesties whole Army in this Kingdom did not consist of so much as was promised to the said Catholicks for their security And that of the number whereof His Majesties Army did
the said Commissioners To all which they returned Answers to these employed to them wherein in direct violation of the Articles of Peace whereunto they were obliged and which was proclaimed in their City they presumed to propose the raising of new Forces of their own choosing what men to receive how and whence they should be supported by whom their means should be raised and collected into whose hands it should be put and in short wholly omitting to declare any thing concerning a Governour assumed to themselves all the power in that City that by His Majesty is placed in Us and by the Articles of Peace in the Commissioners These Propositions coming to Us before Our meeting with the Commissioners at Athlone VVe directed Our Letter of the 9th of April to those employed to them with direction to impart it to the Corporation In these Our Letters We manifested Our dislike to such parts of their presumption as tended to a dangerous distinction and dividing of the Nation and to the diminution of His Majesties power even as the same is for a time in some things limited by the Articles of Peace and added to their choice of government the Lord Marquess of Clanricard But in their Propositions which might be understood to proceed only from a fear of being overburthenâ—d for the want of the punctual payment of the men that should be admitted VVe gave them assurance of satisfaction as far as in Us lay And the Commissioners being at Athlone and made acquainted with their Answers did again propose unto them some things nearer to their own sense But all their forbearings condescentions and mild persuasions have produced in them no other effect than an obstinate and peremptory persistance in their disobedience with an aggravation of it by their rejecting six persons free from all just exception and presuming to offer three of their own naming to Our Election After this followed the breaking open of Our Trunks of Papers there the forcing of the stores of Corn laid up for His Majesties Army and therein some Corn belonging to Our Self and disposing of all to such uses as they thought fit All which VVe passed by until that Murtagh O Bryen going unto that City with his Regiment and being there received and continued contrary to Our orders to multiply his affronts unto Us which rendred him the more acceptable to that City came forth with the said men into the County of Clare and drive away the Cattle of divers of the Inhabitants of the Countrey who had formerly paid their Contribution unto such as were appointed to receive it Upon whose sufferance and complaint thereof VVe sent Our order unto the Mayor of Lymerick to send to Us the said Murtagh O Bryen in the condition of a Prisoner by a party of Horse and Foot that VVe sent thither to receive him To the Commander of which party VVe gave order to seize upon the Cattle of the said City and in case obedience would not be given to Our said Warrant to drive them away The Officer did accordingly seize upon the said Cattle but could get no other answer than that the Mayor would send Us his answer which came not to Us at least in a week after neither did it then shew any thing of obedience the substance of it being That the government of that City was committed to Major General Hugh O Neil and therefore that he would not intermeddle therein Whereas they made the Governour a Cypher and suffered him to act nothing but what they pleased who returned Us that answer unto Our Command unto him to send Us the said Murtagh O Bryen Prisoner And whether the least of the said Offences deserved not worse usage than Lymerick had from Us at least if all did not let any indifferent or moderate men judge What ground We had for giving the like Commissions against Galway will presently be spoken of That the purpose of those Corporations was not to submit unto Us is doubtless well known to and infused into them by those Bishops and their Instruments whom we admit not as competent Judges of the faithful actions of those places to the Crown Tenth Reason That no Forreign Nation Will Trade with Vs under His Government for the hard usage of Captain Antonio and other Owners and Adventurers and especially of the Hollander the Owner of the Ship called the Seven Stars and so we must soon give up to the Enemy for want of Ammunition Answer Part of this is answered in Our Answer to the Fifth Article of their Declaration As to the ground of seizing the Hollander here mentioned it was amongst others for these Reasons First For that the Corporation of Galway this last Summer did unwarrantably assume to its self the power of Judicature in maritime Affairs and that the Mayor for that time being with what assistance We know not adjudged and accordingly disposed of a Ship and her Lading as Prize notwithstanding Our inhibition to him at that time and Our requiring him to shew upon what pretence he assumed such power there being upon the place proper Judges deriving Authority from His Majesty to give judgment in such cases and notwithstanding that even in the time of Confederacy the like power was never assumed by them but all Prizes were adjudged by Commission from the Supreme Council of the Confederate Catholicks Secondly That notwithstanding We some time the last Summer having first made tender of Farming the Customs to the said Corporation and they refusing it Farmed the same to certain persons who were at a day long since in part of payment of the Customs to have delivered Us a good proportion of Ammunition wherewith to defend this His Majesties Kingdom and People against the Rebels yet the said Corporation pretending there was money due of the Loan-money promised by them in the beginning of the year before which they can never make good as appears by their backwardness to come to accompt gave or suffered violent interruption to be given to the said Farmers in receiving the benefit of their said bargain and notwithstanding their application to the Mayor and Our Letters in their favour there was no redress given them nor punishment inflicted on the disturbers Whereby We have wanted the Ammunition contracted for and lost many opportunities of service against the Rebels and many places were taken by them for want of the said Ammunition and the remaining part of the Kingdom in apparent hazard of becoming a prey to the said Rebels Thirdly That the said Corporation when it appeared necessary to Us to the Lord Marquess of Clanricard their Governour and to the Commissioners authorized in pursuance of the Articles of Peace that for the defence thereof a Garrison and Governour should be placed in the said Town refused and do still refuse to receive any such Garrison or Governour as by the Articles of Peace they were and are to receive Which is a breach of the said Peace and disobedience of a high
I had for some time intended concerning Father Finachty which was to inquire particularly of all the most judicious and knowing both Ecclesiasticks and Laicks throughout the several Diocesses of Ossory or Kilkenny Leighlin Kildare and Dublin where the said Finachty had some two years before in the time of his pass or permission publickly in his great meetings practised what he could and to enquire I say of them all what they knew or believed of him or his miracles or had seen done by him that should persuade them either the one way or other Therefore I did presently enquire all I could first at Kilkenny next in the Diocess of Leighlin then in that of Kildare fourthly in the Diocess of Dublin it self abroad in the Countrey all in my way back to that Capital City and in the last place within that same Metropolitical City again the second time and much more exactly than before Having in eight or nine dayes or thereabouts ended this enquiry and reflecting on the sum of what I found thereby I found my self as little satisfied as if not much more unsatisfied than before What troubled me most was That all the Church-Fathers whether Regulars of what Order soever or Secular Parish-Priests to whom I spake on the Subject and I speak to a great many having visited them of purpose for that end even every one of them seem'd against Finachty Others when I spoke of him shaking their heads and shrugging their shoulders Others in plain terms calling him a grand Impostor and covetous Wretch assuring me he did in effect no other thing really but what he did for himself i. e. Cheat all the World receive all was offer'd him in any place by some well-meaning but deluded People both rich and poor viz. Horses Watches Gold Silver pieces of woollen and linnen Cloth c. which said they argued him not to be a man of so much as ordinary either grace or vertue much less of extraordinary holiness or miraculous gifts Others and and to instance one viz. Father Dominick Dempsy a venerable old and experienced Franciscan of known repute affirming to me in the Convent of Clane That the said Finachty's very pretence of Exercising and dispossessing Devils was to their knowledge a lying Cheat of his own That his custom was to get a multitude together in some open field and there being encircled by them while every one of the simpler sort looked on him as an undoubted Wonder-worker to single out before them all some young Maid then to say she had been possessed by the Devil and if she denied it to box her and bang her lustily until she being so confounded before the People and to be rid of the shame by yielding to him had confessed what he pleased and answer'd all his Interrogatories as he would and led her himself to the answer during his Exorcising of her That he had done so hard by at Downadea where Sir Andrew Alymer lives within Two miles of the said Franciscan Convent of Clane and That one Maid so abused by him there came to my self to confession very soon after sayes the above Father Dominick accusing her self penitently That to be rid as soon as she could of the shame of being continued so publick a spectacle where every one believed him rather than her she had against her own knowledge and check of Conscience acknowledged her self possessed by the Devil and sufferâ—d him to practise on her as such even there publickly before the whole multitude and said what ever else he would have her say to his further Interrogatories and so abused all the People too whereas truly in her life she had never been troubled with Devil or other evil but was perfectly in health both of body and mind As for the Lay-persons some few I met that cryed him up and others that decryed him down as much In the Diocess of Leighlin a Gentlewoman told me in the presence of several others That she had her self gone Thirty mile to see him practice at Downadea aforesaid but if he came again to the Countrey she would not go Thirty paces nay nor over the Threshold to see his Miracles so little had she of cause in what she had already seen to believe any truth in them or expect any wonders from him Yet being come to the Lady Dongans at Castle-town and Lady Whites at Leixlip both places in the Diocess of Dublin and wherein Finachty had in his perambulatory Circuit appeared and practised I found the Ladies and other Gentlewomen had entertained a better opinion of him For some of those of Castle-town affirmed to me That he had with them there and themselves being present restored a Cripled man to going and a Blind man to seeing And some also of those of Leixlip told me That with themselves in that Town he had throughly quieted a Woman that before his coming was either possessed or mad as who did sometimes walk even on the very ridge of the Roofs of Houses Yet I must confess the Parish-Priest of Castle-town Father Gerrot Kevanagh seemed not throughly satisfied of the miraculousness of what was done there For sayes he to me Father Finachty used other help than that of Exorcising Praying Touching or bare Crossing He lay down upon and stretch'd out by pure force the knees of the Cripple so that he seem'd by pure force to have stretch'd his sinews or removed the impediment whatever it was that hinder'd him before from going and with his fingers too he forcibly opened the eye-lids of the blind man Besides sayes he neither the one nor the other was perfectly Cured by him whatever the means were the Blind saw not clearly nor did the Cripple go not even then at all so strongly and confidently but rather so as if he were to relapse again very soon as we have seen he hath already for the matter And this to the best of my remembrance was what the said Father Kevanagh told me at Castle-town as of his own knowledge for he said himself was present and saw all was done and the manner and method of doing whatever was done at Castle-town At last when I came to Dublin and there also enquired I found as little satisfaction or rather less for any matter done there by Father Finachty though still in Town since his late arrival and practising daily in one place or other I found the Protestants laughing to scorn all our Allegations of late Miracles in our Church Nay Dr. Loftus told me They had been once on a resolution to bring Finachty in to the Bishops Court for a Wizard or an Impostor and that himself had put them off till he had first spoken to me or at least until my Lord Lieutenant's return And from the Roman-Catholick Churchmen I understood that in those few dayes of my absence they themselves both Seculars and Regulars in a meeting held by them of purpose the Vicar-General Apostolick being present had been upon a debate to forbid Finachty
any further practice in that Town yea to command him away as an Impostor or at least a Brain-sick man and that only at the earnest intercession of some few not to give thereby more advantage to Protestants they had forborn to put such thoughts in execution against him Yea Father James Tully a Franciscan and Connarght man both Nuntiotist and Anti-remonstrant living there told me himself was the onely man that strenuously interposed not for any opinion he had of Finachty's Gifts or Miracles but for the foresaid Reason chiefly and that he alone hindred that Decree which was earnestly press'd by others especially the Fathers of the Society Moreover I found that the Franciscan Convent whereof the Guardian and others mostly had subscribed the Remonstrance were the chiefest if not the onely men amongst all the Clergy whether Regular or Secular of that Capital City that shewed him most countenance as who several times had entertainâ—d him civilly and suffered him to practise publickly in their house Whether they did so out of any inward belief or great opinion they had of his Wonder-working gifts or whether only yielding to the Reports come from London or above all whether because they thought he had still especially in other remote parts of the Kingdom a great interest in the common people and knew themselves and the rest of their Fellow-subscribers to have been by some Anti-remonstrants strangely malign'd amongst the Vulgar and that his Authority also had been made use of to hurt them and therefore by Civilities towards him even where the greatest Anti-remonstrants were his greatest opposites and persecutors they would engage him now to be thenceforth of their side or whether for all these Reasons together or other whatsoever I know not But so it was that they were at that time his only publick Friends of the whole Dublin Clergy And so it was also that a young Protestant Irish Gentlewoman by name Mrs. Agnes ......... having come to him in their House when he was practising there was as her self gave out and both they and she after told my self Cured by him of some kind of inward pain in one of her limbs but which I do not remember now though I remember it was not visible to others and was thereupon reconciled to the Roman Church having confessed to one of the Priests of that House and received the Sacrament of Christs body there What this wrought on her might signifie I leave to the judgment of others But it was the onely miraculous Cure whereof as done there or at all in this Town in my absence I had even so much certainty given me as I tell here Hitherto my Lords and Fathers you have the sum of all which in so many years I heard of this good man from others as likewise of my own endeavours to know as well as I could from others the truth of matter of Fact concerning him What follows and that indeed I would be finally and principally at in this account is from my own certain knowledge even from that of my own eyes and ears and conversation with him here during five or six Weeks immediately after ending my said last enquiries For next day in the morning I went and found him out where I understood him to be at Father Ailmer's a Secular Priest's Chappel in St. Owens Arch where he was in the Vestry preparing to vest himself for the Altar I sent in my name and being admitted found him alone on his knees After salutes and sitting down together the introduction to our discourse was my saying I doubted not he had by report heard somewhat of me as I had of him very much albeit the subjects of talking of us had been very different He answer'd 'T was true Then I told him of my great longing for many years and that much greater of late to see him and be satisfied by himself of the grounds of such contrary relations concerning him And so proceeded from the first reports of him seen by me in a Letter to London from Ireland in the Protector 's dayes to the contradiction thereof by Father Mellaghlin thence to the Lord Lieutenant's Commands to me thence to my first inquisition at Dublin thence to Mr. Belings and Mr. Brown's relation thence to my Lord Clancarty's thence to that of his having learned his faculty of Exorcising from old Father Moor the Jesuit whose servant he had been thence to my ceasing from any further inquisition for that time thence to the late reports of such manifold miraculous Cures at London thence to what Father Plunket the Carmelite had told me at Kilkenny viz. of his failing now of late after his Landing where he practised publickly at the Earl of Fingalls thence to my own last inquisition through several Diocesses abroad in the Countrey as I returned and finally thence to what I heard since my coming to Town I ripped up and told him clearly all whatever I had heard either of the one or other side for him or against him Yet withal assuring him I did so without any prejudice of my own part and only to be satisfied by himself as being persuaded he would tell me but truth and being resolved to believe his own relation of himself Telling him besides That partly for his own sake and partly for my own but principally for that of the publick of Catholick Religion and the Professors thereof both Clergy and People of Ireland though more especially the Clergy I desired this favour and candor of him being he himself could but know my employment and that by reason thereof an account of him would be expected from me by the Lord Lieutenant and that moreover I could assure him he had been severely proceeded against even in publick Court ere then by the Protestant Officials had they not had some little regard of me or at least expected the Lord Lieutenants pleasure at his return This was the sum of what I spoke to him before he gave me his answers and spoke in truth with as much sincerity as ever I did any thing in my life And therefore I was inwardly much troubled when I found not the satisfaction in some of them which I expected For the substance of his Answers was 1. That he had formerly as he thought the general good opinion and approbation of the Clergy 2. That of late the Jesuits were the men who chiefly both in England and here since his Landing opposed him 3. That he never said any such thing as by my relation the Earl of Clancarty reported of him to me nay never to any or upon any occasion denied the gracious gift of God to himself for curing whatever even the most natural Diseases or Evils 4. That he learned no such matter as the knowledge of Exorcizing or other whatsoever of that Father Moor the Jesuit nor had been at any time his servant 5. That whatever he had formerly or lately done either in Ireland or England was all done by him as Gods Instrument