to concurr unto and obey Hereupon presently without further debate for none at all scrâ—â—◠〈◊〉 the catholickness or lawfulness such scruples having been sufficiently 〈◊〉 before clear'd amongst all persons of reason and conscience as many as were at that meeting and had not subscribed at London put their hands to a clean copy of that which was before signed by the Nobility and Gentry at London and others that could not be present then subscribed in their Chambers Both these and those in all were eight Lords and twenty three Esquires Collonels and Gentlemen The Earl of Clanrickard The Earl of Castle haven The Lord of Gormanstown The Lord of Slane The Lord of Athenry The Lord of Brittas The Lord of Galmâ—y Henry Barnawel now Lord of Kingsland Sir Andrew Aylmer Sir Thomas Esmond Sir Richard Barnawel Philip fitz Gerrald Nicholas Darcy Francis Barnawal Sir Henry O Neale Nicholas White George Barnawal Richard Beling W. Talbot Iohn Walsh Michael Dormer Iohn Bellew of Wellistown Patrick Netervil Robert Netervil Charles White Coll. Walter Butler Coll. Thomas Bagnel Gerrald fitz Symons Robert Devoreux Coll. Iames Walsh Edmond Walsh Gerrald Fennel And being joyned to the London Subscribers of the Irish Nobility and Gentry they make in aâ— one hundred and twenty one whereof one and twenty Earls Viscounts and Barons XLIV But these Noblemen not thinking they had by their own only subscriptions done enough in this matter unles they had invited the rest of the Peers and Gentry of their communion where-ever in the Countrey abroad throughout Ireland to the like loyal concurrence framed the ensuing Letter and signed two and thirty copies of it one for every County in the Kingdom to get all the hands of the rest of the Catholick Noblemen and Gentlemen where-ever to the said Remonstrance Sirs THe desires we have to serve our King Countrey and Religion in all just ways gives you the trouble of this Letter Which is to let you know That after serious deliberation finding our selves and together with us all others of the Roman Catholick Nobility and Gentry of this Kingdom as well as the Clergy of it obliged by all the rules of Reason and tyes of Conscience in the present conjuncture especially to concurr even by subscription to the late Remonstrance and Protestation presented Last Summer to his Majesty by such of our Irish Roman Catholick Noblemen and Gentlemen as were then at London and subscribed it there and received so graciously by Him We have therefore this last week given a beginning here at Dublin to that concurrence by our own manual Subscriptions also to the same Remonstrance prefixing to it a Petition to His Grace the Duke of Ormonde Lord Lieutenant for â—iâ—veighâ—ng our said Concurrence and representing it to His Majesty That reflecting on the unsignificancy of a few hands or subscriptions for attaining those great and good ends â—e drive at by this loyal and Religious Declaration we thought it concerned as further to invite by special Letters all the rest of the Nobility and Gentry of our Communion in the several Provinces and Counties of this Kingdom to the like Subscriptions to be transmitted to us hither without delay Whereunto we have found our selves the rather bound that we certainly know it is expected from us all by his Majesty and by the Lord Lieutenant and that his Grace doth wonder why the example of the first Subscribers at London hath not been here at home more readily and frequently followed hitherto by the rest who are no less concerned And that we know moreover that by the neglect or delay this twelve months past of a more general Concurrence to a duty so expedient and necessary we have let pass already fair opportunities to reap very many advantages by it That we hope the same prudential Christian Catholick and obvious reasons which perswaded us and such others as before us did give the first example from London will prevail with you no less Being they import as much as the clearing of our holy Religion from the scandal of the most unholy tenets or positions that can be taught written or practised the assuring his Majesty evermore of our loyal thoughts hearts and hands for Him in all contingencies whatsoever and the opening a door to our own liberty and ease hereafter from the rigorous laws and penalties under which our selves and our Predecessors before us in this Kingdom of Ireland as other our fellow Subjects of the Roman Communion in England and Scotland have sadly groaned these last hundred years That as we believe you will not think we would for even these very same ends how great and good soever nor for any other imaginable swerve in the least title from the true pure unfeigned profession of the Roman Catholick Faith nor from the reverence or obedience due unto his Holiness the Bishop of Rome or the Catholick Church in general so we believe also you will rest satisfied with the plain evidence of the very words genuine sense total contexture and final scope of this Protestation and of every entire clause thereof that nothing therein no part nor the whole of it denies 〈◊〉 indeed at all reflects on the spiritual jurisdiction authority or power of either Pope or Church or any power whatsoever which we you or any other Catholicks in the world are bound by any law divine or humane or by the maximes of our known and common Faith or by the condition of our Communion to assert own or acknowledge the whole tenour of it asserting only the supream temporal power in the Prince to be independent from any but God alone and the subjection and allegiance or the fidelity and obedience either active or passive due to Him in temporal affairs to be indispensable by any power on earth either temporal or spiritual That finally we do upon consideration of all the premisses and what else your own reasons may deduce thence and give further as additional arguments very earnestly desire and pray your unanimous cheerfull and speedy subscriptions to the said Remonstrance and Protestation which we have sent along with this Letter and by the hands of whom we have likewise prayed to call such of you together as he may conveniently or go about to your several dwellings for that end And if any chance to refuse the signing of it which we hope none will to bring us a true list and exact account of such together with the signatures of the rest that the multitude may not lye under prejudices for the failing of some Which being all we have to trouble you with at present commending you to God we bid you heartily farewell Dublin this 4th of March 1662. Your very loving friends and humble Servants Castlehaven Audley Clancartie Carlingford Mountgaret Bryttas Clanrickarde Fingall Tirconnell Galmoye Slane XLV And questionless if these copies had been sent then as was design'd there had been all the hands of the Nobility and Gentry in the Kingdome to the Remonstrance before
confidently as if they had with them the most fully and clearly and satisfactorily Loyal Instruments could be framed even Instruments in every respect home to the point expected from them after a short Harrangus such as it was delivered by the Bishp of Kilfinuragh as the Congregations Chair-man presented to his Grace both the Original Parchment Roll opened and the other annexed Original Paper whereof before as they were signed by the proper hands of the Fathers But his Grace having received these Instruments and layed them by on his Table answered only in a very few words That after he had read and considered of their Petition and Instruments they should hear further from him And so his Grace dismissed those first Deputies of the Congregation It remains therefore now to end this Section that for the Readers fuller satisfaction I give here an exact Copy of both the foresaid Congregational Instruments with such Titles prefixed as the Originals have but first a Copy also of their Petition The Congregation's Petition delivered by the two aforesaid Bishops on June 16. 1666. To His Grace JAMES Duke of ORMOND LORD LIEVTENANT General and General Governour of Ireland The humble Petition of the Romish Catholick Clergy now met in the City of Dublin THE Petitioners do most humbly and thankfully acknowledge the favour your Grace hath done them in the allowance and permission of a Meeting in this City of Dublin at this time by which they have had the opportunity of a Free Conference together and the happiness to have concurred in a Remonstrance and Protestation of their Loyaltie to His Majesty wherein they resolve Inviolablie to continue which they beseech your Grace to accept from them and represent to His Majesty the rather that it was so unanimously agreed to as there was not one dissenting Voice in all their Number This is their prayer to your Grace for whom and whose Posterity they will as obliged always pray The Act of Recognition as I call it commonly to distinguish it from the former of others in 1661 or the Remonstrance and Protestation of Loyalty as they term it in their above Petition Signed by the National Congregation of the Irish Roman-Catholick Clergy in 1666 and delivered likewise June 16 by the same Bishops to His Grace as from and by direction of that Assembly To the King 's most Excellent Majesty CHARLES the Second King of Great Britain France and Ireland c. VVE Your Majesties Subjects the Roman-Catholick Clergy of the Kingdom of Ireland together assembled do hereby declare and solemnly protest before God and His Holy Angels That we own and acknowledge Your Majesty to be our true and lawful King Supreme Lord and undoubted Sovereign as well of this Realm of Ireland as of all other Your Majesties Dominions consequently we confess our selves bound in Conscience to be obedient to Your Majesty in all Civil and Temporal affairs as any Subject ought to be to his Prince and as the Laws of God and Nature require at our hands Therefore we promise That we will inviolably bear true Allegiance to Your Majesty Your lawful Heirs and Successors and that no power on earth shall be able to withdraw us from our duty herein And that we will even to the loss of our blood if occasion requires assert Your Majesties Rights against any that shall invade the same or attempt to deprive Your Self or Your lawful Heirs and Successors of any part thereof And to the end this our sincere Protestation may more clearly appear We further declare That it is not our Doctrine that Subjects may be discharged absolved or freed from the Obligation of performing their duty of true Obedience and Allegiance to their Prince much less may we allow of or pass as tolerable any Doctrine that perniciously and against the Word of God maintains That any private Subject may lawfully kill or murther the Anointed of God his Prince Wherefore pursuant to the deep apprehension we have of the abomination and sad consequences of its practice we do engage our selves to discover unto Your Majesty or some of Your Ministers any attempt of that kind Rebellion or Conspiracy against Your Majesties Person Crown or Royal Authority that comes to our knowledge whereby such horrid evils may be prevented Finally As we hold the Premises to be agreeable to good Conscience so we Religiously Swear the due observance thereof to our utmost and will Preach and Teach the same to our respective Flocks In witness whereof we do hereunto Subscribe the 15th day of June 1666. Edmund Archbishop of Ardmagh Primat of all Ireland Patrick Bishop of Ardagh Andrew Bishop of Kilfinuragh Procurator to the Lord Archbishop of Tuam and to the Reverend Fathers Richard Scis Vicar General of Killalla and Maurice Corghcar Vicar General of Aconry James Dempsy Vicar General Apostolick of Dubliâ— He might have added too and Vicar Capitulary of the Diocess of Kildare John Burk Vicar General Apostolick of Cashel Denis Harty Vicarius Apostolicus Laonensis Patricius Daly Vicarius Generalis Ardmachanus ac Procurator Rapotensis Oliver Desse Vic. Gen. Midensis Terence Fitz-Patrick Vicar General of Ossorie Robert Power Vicar General of Waterford and Lismore c. Dominick Roch Vicar General of Corck Connor Fogorty Proctor of Ardfert and Achdeo Nicolas Redmond Vicar General of Fernes Teig O Brien Dean of Lismore and Parson of Dungarvan John Deoran Proctor for Father Charles Nolan Vicar General of Laghlin Thomas Higgin Vicar General of Elphin Ronan Magin Vicar-General of Dromote James Phelan Doctor of Divinity Parson of Callan Dean of Ossory Protonotary Apostolical Thomas Lacy Substitute of Limmerick Father Francis Fitz Gerrald Proctor of the Vicar General of Cluon George Plunket Divine Daniel Kelly Vicar General of Cluonfert James Killine Vicar General Duacensis Edmund Teig Vicar General of Cloanmacnoise Owen O Coigly Procurator Derensis Patrick O Mulderig Vicarius Generalis Dun. Connor Thomas Fitz Symons Divine for the Province of Vlster Thady Brohy Divine for the Province of Leinster Doctor Angel Goulding Divine for the Province of Leinster John Nolan Master of Arts Divine for Leinster Dorby Doyle Batchelor of Divinity of the Province of Leinster Edmund O Deoran Magister Ordinis Melitensis Charles Horan Divine of the Diocess of Elphin in the Province of Connaught Constantine Duffy Vicar General of Clogher John Hannin Substitute and Official of Imly Fr Peter Walsh Reader of Divinity of St. Francis 's Order Procurator of the Catholick Clergy Andrew Bishop of Kilfinuragh Chairman Fr John Hart Provincial of the Order of Preachers and a Divine for the Province of Connaught Fr Stephen Lynch Provincial of the Order of St. Augustin and a Divine for Connaught Fr Antony Docharty Provincial of the Franciscans Andrew Sall Superiour of the Society of Jesus in Ireland Fr Thomas Dillon Vicar Provincial of the Discalceat Carmelits Fr Bernard Barry Lector Jubilate of the Order of S. Francis Fr John Brady Lector of Divinity Fr Dominick Martin of the Order 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
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
as well with His Grace as with His Majestie and His Majesties other great Ministers and for the rest of the Catholick people of Ireland that ease and connivence he could for what concerned the exercise of their Religion Nor onely that but as occasion offered by writing and printing and exhibiting to His Majestie Lord Lieutenant of Ireland Lord Chancellour of England and other great Ministers of State several papers and books in Print and otherwise of his own labours to move the performance of the Peace of 48. to the Catholicks of Ireland and to mind His Majestie of his justice to Innocents and of His mercy to Nocents But in the first place laboured opportunely and importunely till he prevailed at last to get all the great number of Priests released which had been in several places and Provinces of Ireland in restraint about six-score of them and a great many for several years before His Majesties happy Restauration Wherein he was so impartial to all that although he was offered several times the release of such of those Priests as he would pass his word for that they had been honest all along in the Royal cause during the late difference betwixt the Confederats of Ireland yet he modestly and patiently declined that savour and let those his own special friends suffer with the rest until His Majesties Gracious condescension and my Lord Lieutenants goodness looked indifferently upon them all with an eye of compassion and mercy upon hopes given His Majesty that they would all prove faithful Subjects evermore II. The year 60. and 61. being passed over till the winter came and the hopes of Roman Catholicks for what was moved in their behalf in the House of Lords at Westminster concerning the repeal of laws against them at least and in the first place of those are called Sanguinary being blasted in the bud and the example of the late Irish Rebellion and breach of both peaces in 46. and 48. by some or many of those of that Religion and Nation having besides other arguments and intrigues being made use of against such as moved for such repeal and the Parliament of England being adjourned or prorogued and that of Ireland then under the Lords Justices the Chancellour the Earls of Orrery and Montrath sitting and a great plott amongst the Irish Catholicks so falsly imposed upon them grounded on the no less false and vain pretence of a letter sent by one Priest to an other but contrived onely by a perfidious fanatick impostour as appeared soon after and that Parliament of Ireland however and Lords Justices upon this ground proceeding with strange and new severity against both Clergie and Layety of that Religion and some few of the Catholick Gentry and Clergie consulting together at Dublin of a remedy Sir Richard Barnewal Richard Beling Esq Thomas Tyrrel Esq Oliver Dese Vicar general of Meath Father James Fitz Simons Guardian of the Franciscans at Dublin and others it was resolved upon at last to Remonstrate their condition to His Majestie and Petition his just and merciful regard of them that suffered so unjustly Which accordingly the said Mr. Beling drew in the name of the Catholick Clergie of Ireland Because the design was chiefly imposed on them and upon their account the Layety suffered But forasmuch as he considered that a bare Remonstrance of their sufferings or a bare Petition of redress could not much avail a people that lately had acted as they had done in obedience to the Nuncio both he and the rest of those gentlemen with whom he consulted found it necessary by a Solemn Declaration of their principles in point of obedience in temporal things to obstruct the grand objection of The inconsistency of Catholick Religion and of a tolleration of it with the safety of a Protestant Prince or State Which was the reason that one of those Gentlemen remembring they had lately seen a printed Declaration of the Catholicks of England in their name exhibited in a long Petition to the Parliament at Westminster a little before or in the beginning of the commotions of those Kingdoms about the year 1640. and lighting on the book after diligent search wherein they had read it which is that of Father Cressy an English man and a Benedictine Monke sometime before Protestant Dean of Leighlin in Ireland entituled his Exomologesis or the motives of his conversion to the Catholick Church and having brought it to Mr. Beling he judging it very proper for the present matter and purpose of the Catholicks and Clergy of Ireland and much pleased to have such a precedent as that of men so learned and wary as the Catholicks of England for a business or Declaration of that kind extracted it word by word out of the said book pag 76. 77. and 78. Paris impression without any other change but of the Application to the King instead of the Parliament and of Ireland instead of England and inserted it in that Remonstrance which he then drew for his own Countrymen Which although it hath been often already and in several pieces of mine published in Print yet forasmuch as it was that which occasioned this general Congregation at Dublin of the said Irish Clergie in 66. five years after it was in their names exhibited to His Majestie at London and because peradventure many would consider the tenour of it when they come to read this present Treatise and other Treatises following to free them of a trouble to looke after those other pieces wherein it is I have thought fit to give them it here again to their hand To the KINGS most Excellent Majesty The humble Remonstrance Acknowledgement Protestation and Petition of the Roman Catholick Clergy of Ireland YOur Majesties faithful Subjects the Roman Catholick Clergy of your Majesties Kingdom of Ireland do most humbly Represent this their present state and deplorable Condition That being intrusted by the undispensable Commission of the King of Kings with the cure of Souls and the care of their Flocks in order to the Administration of Sacraments and Teaching the People that perfect obedience which for Conscience sake they are bound to pay to your Majesties Commands they are loaden with Calumnies and persecuted with Severity That being obliged by the Allegiance they owe and ought to swear unto your Majesty To reveal all conspiracies and practices against your Person and Royal Authority that come to their knowledge they are themselves clamour'd against as Conspirators plotting the destruction of the English among them without any ground that may give the least colour to so foul a crime to pass for probable in the judgment of any indifferent person That their Crimes are as numerous and divers as are the Inventions of their Adversaries and because they cannot with freedom appear to justifie their Innocency all the fictions and allegations against them are received as undoubted verities and which is yet more mischievous the Laity upon whose Consciences the character of Priesthood gives them an influence suffer
submission under their own hands writing and a new Provincial and Diffinitory chosen all of them Nuntiotists and all the Guardians likewise either titular or real made of that Party and in the last place Fifteen severe and publick Statutes voted and established for perpetual Laws against all the Anti-Nuntiotists the said Commissary Visitator confirm'd all and so discharged his duty to Rome which had him for those ends and no other Commission'd 4. That after the defeat of the foresaid Bishop of Clogher and the excommunication too of the rest of the Bishops and of their other assistants of the Clergy both Secular and Regular against all who should thenceforth obey or acknowledge the King's Lieutenant came to be generally known and the Lord Lieutenant had thereupon thought fit to withdraw out of the Kingdom and nevertheless and at the importunity of the more loyal part of the Nobility and Gentry having thought also fit to leave the Kings Authority in the hands of the truly loyal Marquess of Clanrickard a Roman Catholick yet even under this very Catholick Deputy the Nuntiotists not regarding neither him no more indeed then they did the Protestant Marquess of Ormond nor the common Enemy studied nothing more than how in the few places how in the very Mountains Boggs and Woods which only at last through their own disobedience and division were left them and that too but a little longer free if yet free from the Parliament Forces to persecute those other Clergymen who as well in their latter as former excommunication opposed them still but chiefly to persecute their more leading or more resolute men and above all others Father Peter Walsh who records this now to Posterity And that him the said Father Walsh they persecuted so maliciously inveterately continually and in many respects inhumanely â—oo throughout all Provinces Counties Places whither at any time he withdrew or wherever he sheltred himself from the common Enemy the Parliament Forces that at last in the year 1651. and then in a Provincial Synod held in the woods of Clanmalira in the Province of Leinster where he then was by chance they not only solemnly and by name denounc'd him excommunicated but interdicted even also the victualling Folks that should for as much as his money dare to suffer him enter into their houses or sell him meat or drink nay further that some of that very meeting though not by a publick Act encourag'd the looser Souldiery to kill him telling them it was lawful so to do being he was excommunicated as disobedient to and an Enemy of the Church What he suffered lately before at Kilkenny Limmerick Killaloe Galway Inishbofin c what hazards he run often in the very High-wayes Travelling were too long and not proper here to be related It sufficeth to let the Reader guess hence how it was about this time everywhere throughout Ireland with the generality of such loyal Ecclesiasticks as with him stood out so many furious shocks and weather'd so great and long and continual storms after the Royal Government began to decline in August 1649. but much more after the Lord Lieutenant had by Jamestown Excommunication been forc'd away for France about the end of the year 1650. And yet I must confess they were much weakned too before then by the loss of such numbers of them and of the holiest of them as were kill'd at Wexford * Richard Synot Paul Synot Francis Stafford Hamond Stafford John Esmond Peter Stafford c. all of them esteemed the most religious exemplar and indeed holy men of their Order in Ireland or at least equal to any whatsoever The first of them was often Guardian of several Convents amongs which was that of St. Isidore at Rome and Custos of the Province The second was even Legat from the Pope in Baâ—bary for many years Third Guardian of Wexford sometime and Secretary of the Province Fourth also Guardian of the same place and after an Hermit in an Island till he was commanded out of it by Father Caron Fifth likewise Guardian of the same Convent in his turn and of special gift in exercising Sixth like St. Bartholomew had by continual kneeling in Prayer the skin of his knees as hard as a Camels by the Parliament Forces when the Town was taken by storm and some also at Droghedagh and others elsewhere albeit the adverse Ecclesiasticks or Nuncio party cryed down those true and holy Martyrs for truly cursed and excommunicated persons and refused to pray for them as having condignly suffer'd death because forsooth obnoxious to the Nuncio's Excommunication they lived and dyed out of the Church And I must confess also that some others of their best ablest and holiest Fathers too at Waterford during the Siege thereof at Dublin in Prison and elsewhere in several parts of the Kingdom dyed of the great Plague which begun in the year 1649 and continued above Three years running over all parts and corners of the Island except onely the North. As for the Nuncio's unheard of proceedings against Valentine Brown and George Dillon at Galway such qualified persons the one Reader Jubilate of Divinity and Father of the Province as who had not only often been Guardian and Commissary thereof but also Minister Provincial above Twenty years before the other a Noble-man's son and then actual Guardian of the Town as he had formerly been Diffinitor and several times Guardian of some other Convents and both of them most virtuous and exemplar men how the Nuncio himself in person jointly with their own Provincial Thomas Makiernan suspended and both removed and reduced them to the communion of Laicks publickly before the People and this only for refusing to approve of his former Excommunication fulminated against the adherers to the Cessation of Arms concluded with the Baron of Inchiquin in May 1648 I say that as for this albeit so unjust so unheard of so uncanonical procedure wherein moreover the Nuncio himself denied them even a Copy of their sentence I will say nothing here because notwithstanding it and many other such of the said Provincial Makiernan against some others then and for some months before and after in such parts of the Kingdom where he and his Faction were rampant the opposers of the Censures adherers to the Cessation and Appeal and consequently also the said Valentine and George within some few months more got clearly the better every way of all their Adversaries albeit these advantages were lost again by such degrees and means as I have said before And for the same Reason I will not mention here Neither 1. The Provincial Chapter of the Franciscan Order at Rosserial in the year 1647. where at the Nuncio's beck and by his and the Vlster parties contrivement both Provincial Diffinitors Custos and all the Guardians generally throughout the whole Kingdom only a very few of these last excepted were chosen out of that sole Faction which had devoted it self to the said Nuncio and Owen O Neill for obstructing
my self and the general Cause even before the most partial and prepossessed of my Forraign Judges Fray Pedro Manero a Spaniard and Minister General of the whole Franciscan Order throughout the World ventur'd in September 1654. from London to Madrid though neither summon'd nor otherwise sent for And I could alledge not only the injustice and inhumanity of my Imprisonment for Nine weeks and four days in the Convent of St. Francis there with all other even the most uncanonical circumstantials of it and whole procedure concerning it but also the malicious and cruel endeavours used by those Irish Fathers that acted then and there in behalf of their whole Party either at home in Ireland or abroad in Forraign parts against me to force me even out of that Conventural Prison to an other incomparably worse i.e. to that of the Inquisition having to this end drawn a Petition to the Supream Inquisitor of Spain and gone about Madrid to get hands to their said Petition as they did in particular goe to the Lord of Louth and to Lieutenant General Richard Ferral both Irishmen and to Don Diego de La Torres and his Lady both Spaniards who had been because Don Diego had been Agent for His Catholick Majesty at Kilkenny in Ireland and known me very well when I appeared there publickly against the Popes Nuncio Many other circumstances of Injustice besides the substance of the grand Charge against me I could alledge And yet my having overcome all without yielding in any one tittle to my Enemies or made any kind of submission or admitted of or received directly or indirectly as much as a conditional absolution ad cautelam from the Church-censures which they but falsly alledg'd I had incurred And yet also my Commitment the second time to Prison there viz. after I had been for some weeks set free and wholly cleared from the personal Charges against my self nay my Commitment this time to a formal and horrible Prison indeed onely for expostulating with the above General Manero in the case or behalf of Father Caron and the other six or seven Fathers against whom so far absent unsummon'd unexamin'd unacquainted with and wholly ignorant of the matter and lying information the very same Manero procured His Catholick Majesties Letters to proscribe or banish them as is before said and for telling him to his face That in the said case he had neither behaved himself as a Father nor as a Judge And how my own constancy and truth and justice of what I said so opened this Prison also for me even the very next day yea without any application made by my self for being so delivered or set at liberty from it And how after this also immediately and notwithstanding all opposers I address'd my self personally with a large Petition to His Catholick Majesty not only in behalf of the said proscribed Fathers but even of all others of their way both Ecclesiasticks and the Lay-Nobility and Gentry of Ireland then exiled in any parts of His Catholick Maâ—esties Dominions and prevail'd therein so far as to obtain even the abovementioned Letter to Leopoldo to be revoked by His Catholick Maâ—esty And how notwithstanding I was set free from restraint not only my Adversaries but Manero himself endeavoured to stay me in Spain though Manero had a quite different end therein from that which they had he intending because of Cromwell's warring on Spain at that time to employ me to our Gracious King then forced out of France but they intending onely new afflictions to me by a new intervention of the Court of Rome in my case And how fearing this latter and having on some other accounts I mean other reasons which he could not answer or contradict with any colour procured my Licence from the said General Manero to retire to Biscay and Bilbao I procured a second Licence by Letters Patent from the Spanish Provincial of that Countrey to depart for Ireland taking Flanders and England in my way And moreover how being come to Flanders the second time although I had Friends enough of the Dutch of my own Order there I was notwithstanding within a few weeks warn'd to depart because they were not able to protect me from new Thunders and Prosecutions from Rome then again newly contriving against me And finally how therefore and because the Commissioners of Parliament with whose Pass I twice before departed who govern'd Ireland to whom I then writ for their third permission to return home being I was not suffer'd to live abroad any where safely refused me in plain terms and this because I also had so obstinately refused them to serve the Parliament I was necessitated for so many years after almost till the Kings most happy Restauration to shift and lurk in England the best way I could having but once in that interim gone to Paris for a month not daring then to stay not even there any longer All these things I say and many more which are omitted I could alledge as proofs of my own sufferings in that general Cause onely against the Nuncio as well abroad from 1652. to 1660 after that Ireland had been totally and utterly subdued by the Parliament as before at home from the year 1646. to the year 1652. For that also I can truly say that as it fared in those latter years viz. from August 1659. to the 1652. at home with any either chief Governour of the Kingdom or General of an Army or Colonel Captain or private Gentleman or other person with whomsoever I livâ—d or sojourned or who protected favoured or harboured me in that time of Tryal i. e. as it fared much the worse the zealous Nuntiotists looking even therefore the much more malignly upon every such which indeed was one of the chief causes moved me at last in the said year 1652. to write to the Commissioners of Parliament to Dublin and desire their Pass for departing the Kingdom out of some of their Havens even so it did after abroad and even also with Strangers or Forreigners and would much more if I had been so indiscreet as by making any great experiment either of their justice love or compassion to expose them for my sake to the uttermost of malice Nor truly was it my indiscretion of that kind or any way so much my own desire or inclination as matters stood in the winter of year 1650. after the Marquess of Ormond went away to France and Clanrickard took the Government as it was the extraordinary kindness of the Earl of Castlehaven then General under Clanrickard of the Munster Army that made me at that time stay with his Lordship as his Chaplain and Confessor For I well foresaw what happen'd thereupon viz. Terlagh O Brien the great Nuntiotist Bishop of Imly's coming to his Lordship at Limmerick and in behalf also of other Prelates of his way in that Province telling him plainly They would rend the Army from him if his Lordship dismissed not me immediately The same was the
but many of their Superiours amongst them had also discountenanced nay to their power even vexed and persecuted such of their underlings who had signed it and moreover had understood all the other practices of their Agents beyond Seas how I say notwithstanding all this the said Lord Lieutenant had hitherto and for their sakes who signâ—d most patiently expected an amendment of such errours in the rest and in the mean time extended even to the most ungrateful of the Dissentors and opposers all those very favours of Indulgence and connivance of Publick exercise of Religion which the Subscribers enjoy And how the Procurator himself had no way lessened his Zeal to endeavour by all means he could the continuance of those favours even to the very most ungrateful and malicious of his Adversaries in the grand contest Sixth reflected on the great variety of pretences which the dissenting both Superiours and Inferiours pleaded for so many years to excuse their non-concurrence and amongst or rather above all other excuses their desire and expectation of Licence for a National Assembly to consult of the equity of the demand See those either pretences or true cause Tract 1. Part. 1. Sect. 9. from Page 21. to Pag. 27. Where you find the Sixteenth of them to be this of a National Congregation desired Seventh was wholly taken up in the Merits of the main matter in controversie or the only chief end of their meeting viz. the Remonstrance and Subscription thereof And here the Procurator shewâ—d and at large dilated upon the Lawfulness and Orthodoxness of it in point of Conscience and both Christian and Catholick Religion even I mean as to those very causes of the said Remonstrance which was the Rock of Scandal because denying and renouncing all and every the branches and appendages of the pretended Papal Authority either by Divine or Human Right to depose the King c. or dispence with or declare against the Allegiance of Subjects or by Excommunication or otherwise to raise them to a Rebellion against His Majesty c. His Arguments against any such Papal Power and consequently for the said Lawfulness and Orthodoxness he derived evidently 1. From so many plain Declarations and express commands of Holy Scripture 2. From the unanimous consent of Holy Fathers interpreting those passages of Holy Scripture so and not otherwise for a whole Thousand years until Gregory the VII's Pontificat 3. From the Practice also as well as Theory of the Christian Church Universally for those ten whole centuries of years and consequently even from true Catholick Tradition 4. From the general opposition made even in all European Nations Kingdoms States Schools Universities and National Churches to the contrary positions even also in every age since the said Gregorie's days until this very present 5. Particularly from the known Assertions of the Gallican Church and Decisions too of the eight present Universities of France all unanimously condemning those self same contrary positions as impious wicked against the Word of God Heretical and more singularly yet from the six late Declarations of Sorbon May 8. 1663. Not to mention how Cardinal Perron by his fine circumventing speech in the general Assembly of the Three Estates of that Kingdom after the Murder of Henry Le Grand only endeavour'd these Positions should not be declared in formal Words Heretical 6. From the Practice of the Parliaments of Paris and Sicilian Monarchy too 7. From the Statuts of Provisors and Praemunire made so many Hundred years since by the Roman-Catholick Kings and Parliaments of England and Ireland even all the Lords Spiritual assenting especially those Statutes under Edward the III. and Richard the II. which declare the Crown of those Kingdoms to be Imperial and subject to none but God only 8. From the eminency and multitude of most learned Roman Catholick Writers even Scholasticks who all along these 600 years have in every Age expresly condemned and even both specifically and abundantly confuted those vain and wicked pretences set on foot first by Hildebrand 9. From the pitiful silliness unsignificancy and absurdity of all Bellarmin's Arguments for the other side arguments proving either nothing at all or certainly that which neither himself nor any not even of his very beloved Popes themselves would allow 10. And Lastly from the clearness of Natural Reason also in the cases and that I mean too whether the Revelations of Christianity be presupposed or no. From all such Topicks of convincing Reason and Authority I mean as well Divine as Human the Procurator deduced his own arguments for the above Lawfulness and Orthodoxness viz. of the Remonstrance and Subscription thereof notwithstanding any Bugbear of Roman Letters or Louain Censures to the contrary The eighth advanced hence to the consequential both expediency and necessity of their unanimous cheerful Subscription without further delay or regret being there was no other way or means to redeem themselves or their Church or to satisfie or appease the King or his Protestant People for what had been so publickly and vehemently acted in former times partly by them or at least many of them and partly by the rest of the Irish Clergy represented by them and acted even all along either in or immediatly after the very first Rebellion of the Irish Nation in October 1641. and in the unhappy Congregation of Waterford Anno 1641 against the first Peace and further in the year 1648 against the Cessation with Inchiquin and for the Censures of the Nuncio Lastly in the year 1650. and most unhappy Congregation of Jamestown against the second Peace no other way truly in the first place but of humble Submissive Penitential Petition begging pardon for so many former grievous Errors against all Laws Divine and Human. Nor indeed any other in the next place to allay the just suspicions and jealousies of their future demeanour but that of a sincere hearty Loyal Recognition of His Majesties Supream Temporal Independent Power Protestation of Obedience and Fidelity according to the Laws of the Land in all Temporal matters and all contingencies whatsoever and Renunciation also of all pretended Powers and false Doctrines to the contrary The Ninth was the conclusion of all in wishes and Prayers beseeching the Fathers by all that should be dear or Sacred to them to consider That nothing was desired or expected from them in either point but what certainly was more consonant to pure Christianity i. e. to the Doctrine of the Cross of Christ and therefore doubtless more holy than the contrary was or could possibly be 2. The sad fate which had perpetually and universally attended all Rebellions of those of their Religion however at so many several times and places entred into either in England Ireland or Scotland since the first separation under Henry the Eighth 3. Whether wise men ought not even in point of Prudence not only bid at last an eternal adieu to such both Principles and Practices as proved at all times and in all Countries
but in the margent of their Paper the three Propositions or those not inserted as they speak and give them truely word by word for what concerns the sense as they are in the French or Latin original and as applied by the Sorbone Faculty to themselves and French Monarch and as you have them here Fourth Proposition That the same faculty doth not approve nor ever did any propositions contrary to the French Kings authority or true liberties of the Gallican Church and Canons received in the same Kingdom for example that the Pope can depose Bishops against the said Canons Fifth Proposition That it is not the doctrine of the faculty that the Pope is above the general Council Sixth Proposition That it is not the doctrine or dogme of the faculty that the Pope without the consent of the Church is infallible After giving so these Propositions in the margent they proceed to a special observation of each and to shew either the impertinency or unsignificancy of such to their present purpose that is to any further assurance to our Gracious King of their fidelitie hereafter in the suspected contingencies or cases than hath been already given by them in the former three Propositions and in their Remonstrance taken at least joyntly together In truth were it so were those two general reasons true as they alleage them or were the proofs they give such as might be allowed for even but probable but yet withal to purpose I would my self before any if not approve yet at least not disprove a modest and rational excuse and save my self to boot some study and some paines But finding those general reasons and further specifical proofes and applications of them to be meer pretences only without either truth or colour of such to the purpose I found it an obligation on me to undeceive as farr as I can all such as are willing to be undeceived or not to be cheated by appearances and impostures And to this further end only that the peevish ill advised resolution and obstinacy of those leading men of the Roman Catholick Irish Clergie if any other such occasion be ever offered at any time hereafter as that was they had of late may no more pretend to impose on others on the account of such unreasonable reasons Wherefore now to come up close and joyn issue with them they must give me leave to tell here that when my Lord Lieutenant demanded in effect by his message sent in writing by Richard Beling Esq their Subscriptions to the three last as to the three former of Sorbone their own Procurator Father Peter Walsh gave them in their publick assembly and in his Speech then and there on the Subject both cleer and evident reasons at large for the pertinencie in our case or as to the points controverted of their Subscriptions to those three last And such cleer and evident reasons too as manifestly evict this further truth that neither Remonstrance nor former three Propositions could signifie any thing at all to the King of an assurance of their fidelitie hereafter if they decline as the case then stood the Subscription of those other three Propositions The sum of which reasons given so by me though not joyntly all together but separatly as occasion shall require I mean to give the Reader that I may not seem to obtrude my bare word on him for proof as I answer their following Paragraphs and particular distinct observations therein of each of the said three last Propositions or which is the same thing where I refute hereafter their specifical proofes of those two general pretences So that in this place I have only first to except in general against such general allegations of theirs Secondly to taxe the penman with unsincerity in wording those pretences against his own knowledge and conscience He knew very well that both himself and generalitie of the Congregation understood these three last Propositions to be many ways appertaining and very material also to the points controverted And no less understood that they had not already cleared sufficiently all scruples either by their former Remonstrance separatly or joyntly with those three first Propositions they had before subscribed And yet he would penn those his own and the said Congregations two general answers in these words Because we conceive them not any way appertaining to the points controverted And though we did we thought we had already sufficiently cleared c. Thirdly to mind the Reader that in my two former tracts I have proved evidently and at large that the Congregation neither had already cleared all Scruples nor thought they had so either by their former Remonstrance separatly or joyntly with the three first Propositions they had already subscribed And consequently that their second general reason or pretence being so already and more than abundantly refuted what must be moreover expected from me now is That without any further taking notice of or reflexion on that unsincerity of the pen-man I no less evidently refute his or their specifical proofes of the above first general reason or allegation whether he or they conceive it to be true or false though I will not altogether so confine my self as not to be at liberty where I find cause given by them in their prosecution to shew by other particular Instances different from those I have before given but as the Subject now in hand shall require that even their second general reason or allegation must be also false whether he or they conceived it to be so or no. But for the more ample satisfaction and lesser trouble of the Reader as I have purposed I repeat here in their own words their first specifical proof which takes up intirely the second paragraph of their Paper And as to the fourth they mean the 4th French Proposition above given We looked upon it as not material in our debate For either we should sign it as it was conceived in the French original copie and we thought it impertinent to talke of the French Kings authority the Gallican privileges and Canons from whence they derive their Immunities c. or that we should have inserted them mutatis nominibus the names being onely changed and then we conceived not what more we might have said than had been touched already positively in the Remonstrance neither do we admit any power derogatory to His Majesties authority rights c. yea more positively than doth the French proposition as may appear To pass by now their expression That they looked upon it c. or not to inquire whether it be true or false that they did verily so look upon that French Proposition as not material I consider the matter or proof in it self abstracting from their looke That fourth Proposition as by Sorbone applied to themselves and French King is in these words That the same Faculty doth not approve or ever did any propositions contrary unto the French Kings authority or true liberties of the Gallican Church and Canons
the said Oath making any such declaration or persuasion of or concerning the said Oath shall be taken and deemed as perjured and accordingly for that offence punished And it is likewise ordered That if any particular man have heretofore delivered or uttered or hereafter shall deliver or utter any opinion contrary to this Declaration that such party or parties being discovered shall be severely punished And all Superiors of the Secular and Regular Clergy are to cause all those under their power and rule to take the said Oath of Association within Three months next ensuing and thereof make Certificate to this House or the Assembly being adjourned or dissolved into the Supreme Council The Names as well of the Lords Spiritual and Temporal now present as the Names of the Lords of the Catholick Confederacy now absent by reason of impediments together with the Names of the Knights Citizens and Burgesses now members of the General Assembly aforesaid Hugo Ardmachan Fr Tho Dublin Tho Arch. Cassell Tho Midensis David Episcop Ossorens Boetius Episcop Elphin Patr Episcop Waterford Lysmorens Joan Episcop Laonens Malachias Arch. Tuamens Guliel Episcop Corke Cloine Joan Episcop Clonfartensis Edm. Episcop Laghlin Emer Episcop Down Connor Castlehaven Audley Antrym Mountgarrett Gormanstown Fingall Nettervill Mau de Rupe Fermay Muskery Ikereyn Trimlestone Glanmaliera Slane Donboyne Arthure Jueagh Cahir Boy Upper Ossory Castle Connel Lowth Brittas Edmund Butler Robert Grace Robert Shee James Duffe James Couly Edward Comerford Theo Butler Peter Dobbyn George Greene. Pierce Butler Edmund Kealy Rich Lawless Nich Halliwood Geo Blackny Edward Dowd Andrew Pallice Tho Preston James Cusack Martin Scurlock George King Christo Veldon N Plunkett Rich Berford Lawrence Hamon Tho Darcy Lawrence Dowdall Alexander Warren Pat Beetagh Walter Cruice Pat Nettervill Rob Talbott Morice Fitz-gerrald John Allyn Gerrald Fitz-gerrald Edward Dungan Nich Wogan Nich Sutton John Stanly Barnaby Bealing John Bellew Pat Plunkett Rich Barnewall Tho Fleming Pat Brian Rich Nettervil Tho Esmond Mich Barnewall James Bath Gerald Talbott Teig O Connor Stephen Fallon Francis Ferraill Rich Ferraill Brian Birne or Brine James Butler Walt Bagnall Edward Wall Tho Fitz-gerrald James Stafford William Stafford Walter Lacy. James Forlong John Cheevers Nich Halliwood Rich Wadding James Lewis Hugh Rochford Paul Duffe Terence Coghlane John Carroll Hubert Fox Owen Molloy William Birmingham John Carroll Pierce Crosby Florence Fitz-Patrick Arthure Cheevers George Cheevers Roger Moore Pierce Fitz-gerrald Terence Doyne James Daniel John Power Pat Goagh Rob Lumbard John Walsh Pierce Sherlock Matth Hoare Tho Walsh John Linch Thorlogh O Briane John Hoare Edmund Fitz-gerrald Donogh O Callaghan Dermott Mac Charty Daniel O Swyllevan Teig Mac Carty Morice Fitz-gerrald David Power Cormuck Mac Carty Donogh Mac Carty Donnel O Leary Henry Slensby John Gould Dermott Mac Carty Callaghan Mac Cahir Charles Mac Carty Tho Henes Daniel O Donevan Garrett Fitz-Morice Florence Mac Carty Rich Butler Tho Butler Rich Haly. William Young John Walsh Geoffery Barron Gerald Fennell R. Everard Lewis Walsh John Lacy. Pierce Creagh Tho Arthure Nich Halye John Halye Daniel O Brian Dermot O Brian Turlogh O Brian Rob Linch Dermot O Shaghnussy Rich Martyn Geoffry Brown Dominick Bodkin John Garvy Christoph French Theob Bodkyn John Brown James Callon Theob Burk John Brown James Callon Theob Burk Ambrose Plunkett Pat Goagh James Butler John Wise John Cantwell Pierce Butler Pierce Rowth Daniel Higgin Connor O Callaghan Artoge O Neill Rich Belling George Commin James mac Collo mac Daniel George St. Leger David Power Tho Ryan Phelim O Neill Turlogh O Neill Dominick Fanning Philip Purcell James Fleming Lawrence Fleming Edmund Power Tho Coce Tho Wadding Mulmore mac Philip O Reilly Turlogh O Boyle Henry Barnawall Mulmore mac Edmond O Reilly Philip mac Mulmore O Reilly Turlogh O Neill Gerratt Talbott James Preston James Purcell Robert Harpole Pat Brian John Baggott James mac Donnell Patrick Darcy Printed at Waterford by Tho Burke Printer to the Confederate Catholicks of Ireland An Oath in pursuance of the Oath of Association taken by the LORDS and Gentlemen met at KILKENNY the 20th of June 1648. and by the Supreme Council directed to be taken by all the CONFEDERATE CATHOLICKS I A. B. do swear and protest before God and his Saints and Angels That I will to the utmost of my power observe the Oath of Association maintain the Authority of the Supreme Council and the Government established by the General Assembly of the Confederate Catholicks of this Kingdom notwithstanding the present Excommunication issued forth by the Lord Nuncio and four Bishops against the Concluders Maintainers and Adherents of and unto the Cessation concluded with the Lord Baron of Inchiquin and notwithstanding any other Excommunication to be issued upon the same ground against which Excommunication and for those who issued it I do appeal unto His Holiness as the indifferent Judge And I do further swear That to the hazard of my life I will suppress and oppose any person or party that shall stand in Arms in opposition of the said Association So help me God To prevent any scruple to be made upon the branch of the Oath by us of late directed to be administred viz. notwithstanding the present Excommunication issued forth by the Lord Nuncio and four Bishops against the Concluders Maintainers and Adherents of and unto the Cessation concluded with the Lord Baron of Inchiquin and notwithstanding any other Excommunication to be issued upon the same ground although we hold it unnecessary to make any further explanation of our intentions than the words of the said Oath contain yet for the satisfaction of all men and to the intent no way may be left to carp at our actions nor any excuse of refusing it unto such as may take exceptions thereunto We do hereby declare That by the general word Excommunication we intend no other Excommunication than such as have been or shall be issued or inflicted by the Lord Nuncio or by the Clergy of this Land or any of them for or touching the said Cessation or grounded thereupon during or pending our Appeal Kilkenny Castle the 27th of June 1648. Westmeath Fingall Mountgarrett Nettervil Lew Glanmaliry Galmoy Athenry Tremelstown Donboyne Vpper Ossory Lucas Dillon Robuck Lynch Richard Barnawell Tho Nugent Richard Everard Patrick Nettervill Luke Fitz-Gerrald Richard Belling Patrick Goagh John Walsh Patrick Brian Gerratt Fennell Jefferie Browne Robert Devereux George Commin James Cusack Lawrence Dowdall William Hoare Maurice Fitz-Gerrald Robert Shee Marcus Cheevers Michael Dormer Thomas Rancâ—or Francis Dormer Michael Bolan Robert Meade Pierce Creagh Thomas Henes Walter Walsh Richard Strange Peter Sherlock Edmund Bryan Thomas Cantwell Walter Archer Printed at KILKENNY in the year of our LORD GOD 1648. The Lord Nuncio 's Excommunication c. Anno 1648. Nos Joannes Baptista Rinuccinus Dei Apostolicae sedis Gratia Archiepiscopus Princeps Firmanus ac in Regno Hiberniae Nuncius Apostolicus extraordinarius Nos Episcopi ad effectum de quo
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
otherwise contributing to them without 〈◊〉 necessity Further in pursuance of our said Declaration we do Excommunicate as above all those that will side and adhere to the Lord Marquess of Ormond against our said Declaration by bearing Arms for him or his Party by giving him any Subsidie Contribution monies or Intelligence or in any way strengthning securing advising or helping him or obeying his Commands against us or our right intentions herein We do likewise suspend respectively ab officio beneficio voce activa passiva gratiis indultis privilegiis quibuscunque all and singular Ecclesiastical persons Dignitaries Pastors Priests Chaplains either of the Army or private Families Regular and Secular and all other Ecclesiastical persons whatsoever that will give counsel or advice against hinderance or opposition to our said Sentence or Declaration And for further strengthning of these our Act and Acts Sentence and Result we do hereby reserve the Absolution from the above Excommunication and Censures to our selves or to others that will be particularly authorized by us Finally we command respectively as aforesaid sub iisdem penis Censuris all our Vnder Pastors Parish Priests Religious Convents and other Communalties that inter Missarum Solemnia or in publick Places and Sermons they publish this our present Declaration and Sentence of Excommunication and Suspension when and wheresoever they will be required so to do Given at Jamestown under our hand Aug. 12. 1650. Signed by H Ardmacan Jo Archiep. Tuam Jo Rapotens Eugen Kilmor Fran Aladen Nic Fernens Procurator Dublin Fr Anton. Clonmacnocens Walt Clonfert Procurator Leghlinens Fr. Artur Dunens Connor Procurator Dromorens Fr. Hugo Duacensis Fr. Gul de Burgo Provincialis Hiberniae Ordinis praedicat Jac Abbas de Conga Commiss generalis Canon reg S. Aug. Fr. Thom Keran Abbas de Duellio Carol Kelly S. Th. Doctor Decan Tuam Fr. Bernard Egan Procurator R. admodum P. Provincialis Fratrum Minorum Fr. Ricar O Kelly Procur Vic. Generalis Kildar Prior Rathbran Ord. Praedicat Thad Aeganus S. Th. D. Praepos Tuam Luc Plunket S. Th. D. Proton Apostolicus Rector Collegii de Kilecu exercitus Lageniae Capellan major Jo Doulaeus Juris Doc. Abbas de Kilmanagh unus ex Procuratoribus Capituli Cleri Tuam Gual Enos S. T. D. Protonot Apostolicus Thesaurarius Fernen Procurator Praepositi Ecclesiae Collegiatae Galviens And we the undernamed sitting at Galway with the Commissioners authorized by the Congregation held at Jamestown sexto Augusti currentis do concur with the above Sentence of Excommunication and Censures and withal do now make and firm the same as an Act of our own by our several Subscriptions Aug. 23. 1650. Thomas Cashel Jo Laonen Episcopus Edm. Limericen Rob Corgan Cluan Fr Terent. Immolacen Jac. Fallonus Vic. Apostolicus Acaden Fr Petrus Tiernanus Proc. Ministri Provincialis Fratrum Minorum THE SECOND APPENDIX CONTAINING I. The then Marquess now Duke of Ormond and then also Lord Lieutenant General and General Governour of the Kingdom of IRELAND HIS Long and Excellent Letter FROM KILCOLGAN The Second of December 1650. TO THE Lords and Gentlemen ASSEMBLED AT LOGHREOGH i. e. to the last GENERAL ASSEMBLY of all the THREE ESTATES of the whole Irish Nation which the Roman Catholicks there held before they were utterly subdued by the Parliament of England In full Answer To and clear DEMONSTRATION of the manifold CALUMNIES INJUSTICE and both Disloyal and Tyrannical USURPATION of the two last of those Publick Instruments given in the former APPENDIX and of the PRELATES and others who sign'd them II. The said GENERAL ASSEMBLIES PVBLICK ACT and DECLARATION at Loghreogh the 7th of December same year 1650. upon receipt of the above LETTER Printed in the Year M. DC LXXIII The Marquess of Ormond Lord Lieutenant of Ireland His Letter to Loghreogh against the Declaration and Excommunication of Jamestown 1650. AFter Our hearty Commendations Many of the Nobility and Gentry being there assembled by our Letters of the 24th of October last We presume two particulars will come under consideration with them The one His Majesties Declaration made in Scotland seeming to annul the Peace concluded in this Kingdom The other a Declaration and Excommunication contrived at Jamestown in August last by divers Bishops there met and published in September following according to their Order as is alledged by the Publishers Concerning the matter of the Declaration and Excommunication being the thing first come to knowledge here We shall set down the manner of their proceeding and examine the grounds of it plainly and truly But We are necessitated to be the more large in the discourse of it for that it will not easily be believed without clear proof that men of their Function professed Piety and supposed Wisdom would publish such high and bitter Things against Us as are contained in their Declaration and Excommunication but upon infallible grounds of Reason and Truth So that if we should say nothing of it or against it We might possibly in the judgment of some there to Posterity and in Forreign Countries stand convinced of the Calumnies thereby cast upon Us though to Us and to many others it be well known their Quarrel is not to Our Person but to the Authority placed in Us and the Profession We are of Both which they confess plainly enough in their Paper given to the Commissioners authorized by Us in pursuance of the Articles of Peace at Galway bearing date the 29th of October last as shall appear when We come to speak of that Paper For the better understanding of the manner of their proceeding in this business it is fit you be informed That upon Our observation and experience of the unhappy influence some of the Bishops and their Instruments with the help of their forgeries and calumnies which they never spare to invent and publish when they would withdraw the Subjects from obedience had gained upon the People but more especially in Corporate Towns and Cities and having had recent and particular experience of the obstinate disobedience of the City of Waterford and the interruption thereby given to the recovery of what Cromwel had gained in his march from Dublin till he came before that City and finding clearly that the entertainment We received there which We refer to the relation of the Lord Dillon Sir Lucas Dillon and Sir Richard Barnewall notwithstanding all our pains taken and hazards undergone to preserve that City proceeded from the labour of some of the Clergy We did by Letters of the 27th of February last past call to Lymerick as many Bishops as were within any convenient distance and there in presence of the Commissioners authorized by Us in pursuance of the Articles of Peace freely told them That without the People might be brought to have a full confidence in Us and yield a perfect obedience to Us and without the City of Lymerick might be persuaded to receive a Garrison and obey Our Orders it was