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
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
of Orders had by the direction of that Court sent many Letters and Instructions and by their procurement also the University of Louain had given their Theological Censure against those Remonstrators and the Remonstrance it self some early enough and others at several times after all along from the year 1661. for seven or eight years more continually yet until they knew for certain that the Duke of Ormond who took that matter and the protection of the said Remonstrants to heart was totally removed from the Government of Ireland and matters as to that affair also of the Remonstrance wholly altered or not look't upon here in England at Court they never attempted to proceed further But then immediately as knowing and finding their seconds both in Ireland and England what engine have they not made use of to destroy those Remonstrators and suppress their wicked Heresie What numerous Orcations of Archbishops Bishops Vicars Apostolical Provincials of Regular Orders c. for and in Ireland and of men by inclination or for interest or out of ignorance or some perhaps out of all three professed sworn devoted Anti-Remonstrants What Citations Depositions and Excommunications What Denunciations and Affixions of the Remonstrants or the chief of them Nay what other hellish inventions too by the Italianated Engineers here at home against the same impious Hereticks forsooth that deny the Pope to be either Dominus Deus noster Papa or King of the world or as much as Supreme Lord of poor Ireland Nor have the Roman Courtiers failed in timing not even this their last persecution from the year 1669. to this present 1673. against those men For therein also they have prospered yea it would seem they have had here at home even from great men in power all furtherance and favours to prosper so i. e. to oppress and suppress utterly those Remonstrators nay and the very doctrine of that Remonstrance certainly much beyond either my expectation or opinion in the year 1661. when I had it sign'd and presented to and was also so graciously accepted by His Majesty though not against my then also expresly resolved preparation of mind and resignation of soul and constancy of heart and exhortation to others too as you may see evidently in my More Ample Account pag. 45. 48 49. and against all such even extraordinary contingencies or persecutions even I mean from either or any side whatsoever Court of Rome or Court of England or both My good Angel some secret instinct from God I doubt not having even then so particularly both forewarnâ—d and forearm'd me against all such future events how improbable soever they seem'd to be then and my own reason also telling me from the beginning the Roman Court would leave no stone unremoved to work the Court of England against me and my Friends and that very Formulary too however this last of the Formulary might seem impossible if not peradventure to those only who are reported to have a constant Council sitting to reconcile contradictions and render impossibilities possible quia filii hujus Saeculi prudentiores filiis lucis in generatione sua sunt Luc. 14.8 Hitherto whatever I intended either by anticipation or otherwise in prosecuting of my Answers to the first Querie put in the beginning of this Section As for the second Querie there viz. How it came to pass that those few Remostrants professing so as they should and ought their Allegiance to the King in all Temporal Affairs and onely in such Affairs have been nevertheless as they are even at present therefore and onely therefore by their Adversaries at home though otherwise Fellow-subjects without any fear or shame so vehemently obstinately and openly opposed yea to their power persecuted needs but little to be said here if any thing after or besides what you have already in the First Part Sect. ix from page 21. to 27. where you have Sixteen several Allegations of the Anti-Remonstrants to excuse themselves though all and each fully answered in the Tenth Section immediately following and beginning page 27. And therefore at present I will in answer to that second Querie add here to those former Allegations That the said Anti-Remonstrants being sure of all the authority power and favour of the Court of Rome both to back them in such not only their opposition but persecution yea and to reward them in due time with Mitres and all other Dignities Benefices Offices extraordinary Missions Commissions Faculties c. each one proportionably to his degree zeal and merit in behaving himself manfully against those Remonstrants those Vnderminers forsooth of the Holy See they were also both encouraged and assured by private Agents and other Friends at His Majesties Court That even also this very Court of England should be made for them ere long and against the Remonstrators And that in the mean time surely and however they behaved themselves they should fare no worse than the great body of Protestant Nonconformists overspreading the Three Nations And lastly That there should never be any difference or distinction made by any future favourable Edict Statute Law or otherwise in England or Ireland betwixt any two Parties of Roman-Catholicks however either of them the one way or other well or ill principled in order to the Pope or King Besides they were told by some disaffected cunning Lawyers their Friends That the Lord Lieutenant dared not own the urging them to sign the Remonstrance much less the forcing them by any kind of punishment to allow or approve thereof because there was no Law for doing so that Formulary it self not being legal nor in any wise taken notice of in Law but varying in many respects from the Oaths of Supremacy and Allegiance That the tendring of these legal Oaths indeed the Lord Lieutenant might by Law justifie and according to Law punish the refusers of them but that nevertheless he would be wary enough to tender these lest he should meet with a general repulse and have no thanks neither in the Court of England for his zeal Moreover there wanted not leading men amongst them who albeit they laugh'd in their sleeves at the Cheats of the Roman and Louain Censures procured against the Remonstrance and acknowledg'd ingenuously there was nothing in that Formulary against either Catholick Revelation or Religion or indeed in any point so against conscience or justice that people might not if they pleased to renounce their own liberty without any sin subscribe their names to it yet after all were as zealously and even inwardly both affected and principled for the freedom of their Native Countrey from a Forreign yoke for such they call the English Rule there as ever Judas Galilaeus Acts 5. was in former times for his own beloved Countrey of Palestine to free it from subjection to the Roman Eagles Men that holding as mean an opinion of all kind of Papal pretences either from divine or humane right to the Temporal Monarchy I say not either of the whole Earth or
to suffer themselves to be carried on or hold to such rash resolves but to consider more seriously and maturely what the consequences might be For said I as to the First Either you intend to give the Lord Lieutenant full satisfaction by comprising plainly in your new Formulary the whole sense of the former Remonstrance or you do not intend any such matter but only to present him with some unsignificant Formulary not reaching home the points in controversie If the former to what purpose then would you vary from the words of that Remonstrance not only signed allready by a Bishop by so many other Divines and by so great a number also of the Nobility and Gentry all of your own Church and Communion but so solemnly presented to so graciously accepted by his Majesty so much to your ease and quiet hitherto promoted and so much also desired by His Majesty and Lord Lieutenant to have your further concurrence to it by your Manual Signature Do you intend to render your selves not without cause suspected by changing that form to work a Schysm amongst those of your own Communion and Nation To condemn all those who have Sign'd the first Formulary Do not you see it lawful for you in point of Conscience and Religion to approve what hath been done already for your ease by so many Noble Learned good Patriots but unlawful for them to fall from the justification of it Must the supercilious ungrounded Letters of Roman Courtiers or unconscionable unchristian ignorant censures of a Forreign University have such power amongst you Must Passion or even a mistaken interest rule you that are the Priests of God and carry you headlong to Schysm Besides consider the Lord Lieutenant will understand very well how it must follow That if in deference to the Roman Dictators you change as much as the words only of that Forme upon the same ground you must fall from the sense also when they shall presently send their next Letters condemning what you have done Lastly consider it is not against the words of the Remonstrance as any way less reverential that the Roman Court is or hath been hitherto incensed as you may see even in Cardinal Barberin's last Letters of April 24. this same year 1666 where he acknowledges the Remonstrance couch'd in bland oribus verbis but against the sense so that if you intend to give the sense of it in other words you must nevertheless incur their indignation If the later Do you think the Lord Lieutenant after so many years experimental knowledge of the meaning and purpose of such other several unsatisfactory Forms offered to him to decline that one which was and is satisfactory will not apprehend wherein you come short or think you he understands not English words or the material sense of them as well as you Think you that none of his Council can should himself not perceive the defectiveness Or think you that I my self could or ought to dissemble your imposing on His Grace if none else could see the Imposture But to what purpose do I question what you intend I know it Fathers And know you intend a Formulary coming short even in sense of all and each the very material passages of the Remonstrance even a Formulary that signifies nothing at all for His Majesties or Graces or Councils or Parliaments or even any particular persons either Protestants or Catholicks satisfaction as to the controverted points And therefore know 't will be rejected And what think you will the consequence be What in this conjuncture of publick affairs Erit novissimus error pejor priore And you will be certainly looked upon as men of profligate Principles and Designs and in due time also both considered and adjudged as men not worthy either of Protection or other Commiseration and not you alone but all the Clergy both Secular and Regular obeying you Nay which is yet more lamentable the very Lay-people observing you will be looked upon as men carried on blind-fold to or at least fitted and prepared for all pernicious designs when you are pleased to give the Signal As to the Second resolve or answer to my Second Querie concerning a Petition for Pardon I asked them whether they had forgotten the general either Rebellion or Insurrection which they pleased to call it of the year 1641 or the National Congregation of the Clergy Regular and Secular at Waterford under the Nuncio in the year 1646 or the other at Jamestown An. 1650 even after the Nuncio's departure or who in the mean time or rather indeed all along from 1641 to the year 1648 fought against both the Laws and those who had not only the Laws but the Kings especial Commission or who had been for the Nuncio's Censures against the Cessation who against both Peaces who for a Forreign Protectour who for the alienation of the Crown who for the design of Mac Mahon the Irish Jesuits Printed Book of Killing not only all the Protestants but even all such of the Roman Catholicâ— Irish who stood for the Crown of England and Rights of the King to Ireland and for choosing an Irish Native for their King Eligite vobis Regem vernaculum I asked them further did they indeed know none at all of the Irish Clergy yet surviving none of that very Congregation guilty of any of those matters or of any part of the Blood spilt in the late unhappy Wars or thought they it needless indeed to ask pardon of the King for such men in general or did they not know there was no Act of Indempnity yet for any such at least Clergy-men And then added Alas Fathers what a reproach will the very Presbyterians of Scotland whom you esteem the worst sort of Hereticks be unto you They have throughout all their Synods and Classes both unanimously and justly too agreed to beg the Kings Pardon and accordingly have beg'd and obtained it for their former actings And I have my self read their Petitions to that purpose in Print You that esteem your selves the only Saints for a holy Apostolical Religion will you come short of them in your duty Take heed Fathers that if you persist in your inconsiderate resolution I may not properly and truly for this very cause say to you that which our Saviour did in the Gospel to his own Countrymen the Jews who were yet the only people entrusted with the Oracles of God Amen dico vobis quoniam publicani peccatores precedent vos in Regnum Dei And here I expostulated again with the Bishop of Ardagh even before all the Fathers for his contrivance or at least very strange mistake both of my intention and words when I delivered my sense to his Lordship some two days before the Assembly sate first concerning such a Petition from them And repeated there in publick what passed between him and me on that Subject as you have it before at large Sect. 9. pag. 640. From hence I returned again to the former Subject of the
my self and other friends against all both Forreign Censures and Home Impostures I had in truth some regard of vindicating my self and all those persuaded by or associated with me either in signing or adhering to the foresaid Remonstrance and consequently too of vindicating even that Formulary it self from the no less malicious than both scandalous and false aspersion of unlawful detestable sacrilegious yea schismatical and heretical with which our Adversaries branded us And if I had not had that consideration in some degree of my self and Friends I had been as unsatisfied with my own heart as ever any of my Adversaries were with any of my Books For I think every honest man is bound in Conscience to defend himself and Friends especially his own and their good name wherein and as far as he justly may cum moderamine inculpatae tutelae And I am persuaded no man will be so rash or impudent as to reprove me for thinking so But withall I do protest in the presence of God it was not any such or other whatsoever private consideration or regard of my self or said Friends that was the chiefest or strongest motive I had to put Pen to Paper in any of the foresaid now hereafter following Treatises or in any other Treatise or Part or even addition of other Appendages to all the Treatises of this present Book but that more publick regard of the more common and universal good of the Irish Nation and Catholick Religion which I have signified before And so I perclose here at last this Second Part and consequently as to both Parts the whole First Treatise Which Treatise the necessary Theological Disputes against the four grounds of the Censure of Louain for an Hundred sheets together in the First Part have made so long albeit I confess the pure Historical Sections are even of themselves long enough But the next following Three Treatises will in some measure by their shortness compensate the former length For they are proportionably as short as may be and yet as long as their several Subjects require them to be having nothing Historical in them and but a strict and pure partly Theological and partly Rational Examination of the import and weight of those foremention'd three several Papers of the National Congregation and yet even that such an Examination too as in many or rather most material places doth suppose the reading of this First Treatise or of some things diffusely treated therein Which is the reason they needed not be longer than they are What I think will seem most wanting in them to the Readers ease must be That they have no Marginal nor any other sort of Remissions directing to the Sections or Pages of this First Treatise where some of the Publick Instruments or other matters related unto are given or handled at large But I could not help that being I was necessitated to write and print them before I had written a word of this And a diligent or curious Reader may quickly help himself at least by turning to the Table THE SECOND TREATISE CONTAINING Exceptions against the form or protestation of Allegiance subscribed and presented the 16. of June 1666. to His Grace the Duke of Ormonde Lord Lieutenant General and General Governour of Ireland by such of the Irish Clergie of of the Roman Communion as convened at Dublin the 11th of the said month and year and dissolved the 25th thereof FIrst they varied in this form not only as to single words but to entire clauses and their sense in the most material parts from the former protestation subscribed by those others of the said Clergie and of the Nobility and Gentry at London in 61. And varied so of set purpose as openly appeared upon the contradictory question and debate for fourteen dayes together in their publick Assembly that they might be free from all tyes of duty faith obedience and acknowledgment or recognition of His Majesties power over them or their own obligation to obey him in all cases and contingencies wherein Bellarmine Suarez Santarellus Mariana or any other such later or former Writers maintain the lawfulness of the deposition of Kings by the Popes or peoples authority and the lawfulness also of the Rebellion of the people against Princes deposed so or excommunicated and denounced by the Prelats of the Church And that they should not be convinced to have disclaimed any wise either clearly and expresly or equivalently and by consequence in the general pretence of a power in the Pope or Church by divine immediate right spiritual or temporal or mixt of both either direct or indirect to depose all kind of Princes at least such as they account as Hereticks in the Christian Religion and to absolve their Subjects or declare them absolved from all kind of Allegiance at least in the extraordinary or even ordinary cases of such as they likewise account or esteem Apostacie Heresie Schisme or other tyrannical or sinful administration or either true or pretended oppression of the people nor convinced also to have disclaimed even in those other meerly humane titles or rights which the Popes have so often pretended and still do and which many or most of that Irish Clergie as likewise the present faculty of Lovaine Divines in their late censure of the former Remonstrance procured by the Agency and sollicitation of some of the said Irish Clergie and by the vehement interposition of the late Internuntio at Bruxels the Italian Abbot of Mount-Royal Hieronimus De Vecchiis do peculiarly and stiffely maintain to the Realmes of England and Ireland to wit those of donation submission feudatary title and forfeiture Or which are the same those argued from the either true or pretended Bull of Adrian the fourth to Henry the second concerning the Kingdom of Ireland and those likewise argued from the famed resignation of the Crowns or Soveraignties of both Kingdoms by King John to Innocent the Third or to his Legat Pandulphus at Dover and from the payment of Peter-pence Secondly And to come to the particulars of this change or variation and and I mean it in the material parts only And not to take any notice though it is fit there should be some of the changing the Epithet or Adjective Rightful first Line of the said former Protestation of 61. into that of undoubted in this of 66. for one may be an undoubted Soveraign De facto though not De jure rightful but an Usurper Or may be in fact or possession undoubted Soveraign though another should be in deed and so acknowledged as to right the true King and Soveraign Nor yet to take any notice of altering those other three words under pain of sin second Line of the said former printed Remonstrance into those in Conscience albeit the doctrine and practice of equivocation so common to and so mightily insisted upon amongst them and yet further the positive exceptions of some of their party even at London some four years since against those very words and