their Votes in Parliament until such time as they shall afterwards acquire such Estates respectively and that none be admitted into the House of Commons but such as shall be estated and resident within this Kingdom XII Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That as for and concerning the independency of the Parliament of Ireland of the Parliament of England His Majesty will leave both Houses of Parliament in this Kingdom to make such Declaration therein as shall be agreeable to the Law of the Kingdom of Ireland XIII Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That the Council Table shall contain it self within its proper bounds in handled matters of State and weight fit for that place amongst which the Patents of Plantation and the Offices whereupon those Grants are founded are to be handled as matters of State and to be heard and determined by His Majesties Lord Lieutenant or other chief Governour or Governours for the time being and the Council publickly at the Council-Boord and not otherwise Titles between Party and Party grown after these Patents granted are to be left to the ordinary course of Law And that the Council Table do not hereafter intermeddle with common business that is within the cognizance of the ordinary Courts nor with the altering of possessions of Lands nor make nor use private Orders Hearings or References concerning any such matter nor grant any Injunctions or order for stay of any Suits in any Civil cause and that Parties grieved for or by reason of any proceedings formerly had there may commence their Suits and prosecute the same in any of His Majesties Courts of Justice or Equity for remedy of their pretended Rights without any restraint or interruption from His Majesty or otherwise by the chief Governour or Governours and Council of this Kingdom And that the proceedings in the respective Presidents Courts shall be pursuant and according to His Majesties printed Book of Instructions and that they shall contain themselves within the limits prescribed by that Book when the Kingdom shall be restored to such a degree of quietness as they be not necessarily inforced to exceed the same XIV Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further pleased That as for and concerning one Statute made in this Kingdom in the Eleventh year of the Reign of Queen Elizabeth intituled An Act for staying of Wool Flocks Tallow and other necessaries within this Realm And one other Statute made in the said Kingdom in the Twelfth year of the Reign of the said Queen intituled An Act _____ And one other Statute made in the said Kingdom in the Thirteenth year of the Reign of the said late Queen intituled An Explanation of the Act made in a Session of this Parliament for the staying of Wool Flocks Tallow and other Wares and Commodities mentioned in the said Act and certain Articles added to the same Act all concerning Staple or Native Commodities of this Kingdom shall be repealed if it shall be so thought fit in the Parliament excepting for Wool and Wool-fells and that such indifferent persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillen Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall be authorized by Commission under the great Seal to moderate and ascertain the rates of Merchandize to be exported or imported out of or into this Kingdom as they shall think fit XV. Item It is concluded accorded and agreed by and between the said Parties and His Majesty is graciously pleased That all and every person and persons within this Kingdom pretending to have suffered by offices found of several Countries Territories Lands and Hereditaments in the Province of Vlster and other Provinces of this Kingdom in or since the first year of King James's Reign or by attainders and forfeitures or by pretence or colour thereof since the said first year of King James or by other Acts depending on the said offices attainders and forfeitures may petition His Majesty in Parliament for relief and redress and if after examination it shall appear to His Majesty the said persons or any of them have been injured then His Majesty will prescribe a course to repair the person or persons so suffering according to justice and honour XVI Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That as to the particular cases of Maurice Lord Viscount de Rupe Fermoy Arthur Lord Viscount Jueagh Sir Edmond Fitz-Gerald of Cloungliffe Baronet Charles Mac Charthy Reagh Roger Moore Anthony Moore William Fitz-Gerard Anthony Lynch John Lacy Collo Mac Bryen Mac Mahon Donnel Costingen Edmond Fitz-Gerald of Ballimartyr Lucas Keatinge Theobald Roch Fitz-Myles Thomas Fitz-Gerald of the Vally John Bourke of Loghmaske Edmond Fitz-Gerald of Ballimullo James Fitz-William Gerald of Glysnan and Edward Sutton they may Petition His Majesty in the next Parliament whereupon His Majesty will take such consideration of them as shall be just and fit XVII Item It is likewise concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That the Citizens Freemen Burgesses and former Inhabitants of the City of Cork and Towns of Youghal and Dongarvan shall be forthwith upon perfection of these Articles restored to their respective Possessions and Estates in the said City and Towns respectively where the same extends not to the indangering of the Garrisons in the said City and Towns in which case so many of the said Citizens and Inhabitants as shall not be admitted to the present possession of their houses within the said City and Towns shall be afforded a valuable annual Rent for the same until settlement in Parliament at which time they shall be restored to those their possessions And it is further agreed and His Majesty is graciously pleased That the said Citizens Freemen Burgesses and Inhabitants of the said City of Cork and Towns of Youghal and Dongarvan respectively shall be enabled in convenient time before the next Parliament to be held in this Kingdom to choose and return Burgesses into the same Parliament XVIII Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That an Act of Oblivion be passed in the next Parliament to extend to all His Majesties Subjects of this Kingdom and their Adherents of all Treasons and offences Capital Criminal and Personal and other
omnibus Catholicis ad quos divertere contingerit in visceribus Jesu Christi Vale in Christo Jesu ora pro Nobis Datum Brugis Flandrorum in Conventu nostro Fratrum Minorum Recollectorum die .13 Mensis Februarii Anno 1659. sub me a Signatura officiique Sigillo majori Frater Antonius ab Oudenhoven qui supra O Locus Sigilli Ego infrascriptus admitto per omnia has Patentes Reverendissimi Commissarii Generalis quatenus vel si necessum sit eandem Licentiam facultatesque omnes consequentes de novo a meipso in quantum possum eidem V.A.P. Fatri Petro Valesio qui supra concedo In quer fidem subscribo in Conventu Montisfernandi hac Decima Feb. 1662. Frater Antonius Docharty Minister Pronuncialis Having done I laid these Original Patents down upon the Speakers or Chairmans Table before him as I did the two former Instruments And then desired the said Chairman or Prolocutor my Lord Bishop of Kilfinuran that if any could object any thing he should appear and speak without further delay But no man did against either any of these Instruments or my own Person or my Authority or what I did or what title of their general Procurator I used in Print or the ways I took or the good intentions I had all along to serve them and the Catholick Nation of Ireland On the contrary the Chairman returned me Complements of thanks and acknowledgments not only of my good intentions all along but of the highest obligations laid by me on all Irish Catholicks both Clergy and People c. Indeed against what I moved and so earnestly urged them to viz the controverted Remonstrance I remember the Primat spoke his own Resolution in these very words Father Walsh I know you are as good a Catholick as any of us and yet I declare to you that I will not sign that Remonstrance Wherein the Bishop of Ardagh did second him much more vehemently and passionately To the Primat the reply was in short That his reason had he given any might be shewn unreasonable and his understanding better informed but there was none but God and himself could rectifie his will As for Ardagh notwithstanding he gave no more reason for his passionate wilfulness then the Primat did yet because he bustled much more violently and confidently and withal unconstantly if not perfidiously I took the pains to expostulate with him a little more and expose him publickly to the whole Congregation pulling out and reading to them all that Letter of his from Seiz in France to his Brother Sir Nicholas Plunket which you had before Part. 1. Sect. Pag. And then demanding of him My Lord Can you deny this Letter to be written all along and signed by your own proper hand your own said very Brother Nicholas gave me it even this very Original which you see And since you cannot deny this Letter What is the reason you will not sign now what you have therein so approved by reason and argument under your own hand To this he answered but faintly and ridiculously too viz. That indeed although he could not deny that to be his own Letter yet he thought the Remonstrance which he so approved therein varied something from thence ever since controverted even from that which now was publickly read Therefore leaving Ardagh to find a better answer I turn'd to my Lord of Kilfinuran the Speaker himself and demanded of him likewise Whether his Lordships own self had not procured at St. Malos in France 1663. even the Subscription of about a dozen Irish Priests there at that time unto this very controverted Remonstrance or Copy thereof sent as it was thither in Print from London both in single sheets and in my own More Ample Account He could not deny it How then my Lord said I comes it to pass that you are now so much estranged from that you so much then approved Why so averse from it now We have says he no prejudice against nor aversion from it but we would be at liberty to make use of our own words for expressing our own sense Hereunto as soon as I had replyed again what you have before of wording or sense to be worded I converted my self to some others who were concern'd not to be as mute on that Subject as I had known they were continually since they sate the very first day I asked 1. The Provincial of the Franciscans Whether he himself had not under his own hand in a Letter dated at Multifernan in January 1662. S. V. to the Lord Lieutenant approved at large both the sense and words of the Remonstrance without any kind of exception 2. Father Oliver Desse the Vicar General of Meath Whether he was not of Council in contriving and sending that very individual Formulary unto me to London 3. Ronan Magin Vicar General of Dromore and Cornelius Fogorty D. V. I. two other Members present Whether they had not signâ—d that Instrument 4. The Jesuits also present whether they could deny that in the Winter of the said year 1662 their then Provincial Superiour Shelton together with his two Companions of the same Society Father Thomas Quin and Father John Talbot being for the Lord Lieutenant and introduced by my own self to his Grace and amongst other things demanded by his Grace what they had to say against the signing of the said Instrument they all every one answered They had nothing at all either of Heresie or Schism or other unlawfulness to object to it nay confessed ingenuously They apprehended not so much as a Venial Sin or Venial Transgression of any Law Divine or Human to be in it or in the signing of it though they themselves through fear of the Popes displeasure abstain'd and desired to be excused from signing it And whether the said three Fathers Shelton Quin and Talbot had not by such their answer moved so his Grace that he thereunto replyed in these very words The King shall continue King in spite of the Pope But neither to these Queries nor any other part of my discourse in prosecution of them or any of them was there a word return'd some of the persons concern'd especially the Franciscan Provincial hanging down their heads and the rest also by their silence acknowledging no less the truth of all I said than their own either prevarication or cowardliness Yet I must confess my remembrance of Father John Brady's standing up and speaking in his own concern and excusing himself where and when I taxed him particularly for having gone Anno 1662 Agent over the Seas to procure as he did the Censure of the Faculty Theological of Louain against the former and Loyal Formulary But verily he said nothing to satisfie any indifferent person being he so disingenuously protested there in publick that although he designedly went as he was indeed sent to Louain about that business yet he only desired the opinion of the Doctors there but never any Censure of that Remonstrance
power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties Chief Governour or Governours for the time being all Treasons or Trayterous Conspiracies which I shall know or hear to be intended against His Majesty or any of them and I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God Nevertheless the said Lord Lieutenant doth not hereby intend that any thing in these Concessions contained shall extend or be construed to extend to the granting of Churches Church-livings or the exercise of Jurisdiction the Authority of the said Lord Lieutenant not extending so far Yet the said Lord Lieutenant is Authorized to give the said Roman Catholicks full assurance as hereby the said Lord Lieutenant doth give unto the said Roman Catholicks full assurance That they or any of them shall not be molested in the possession which they have at present of the Churches and Church-livings or of the exercise of their respective Jurisdictions as they now exercise the same until such time as His Majesty upon a full consideration of the desires of the said Roman Catholicks in a Free Parliament to be held in this Kingdom shall declare his further pleasure II. Item It is concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That a Free Parliament shall be held in this Kingdom within Six months after the date of these Articles of Peace or as soon after as Thomas Lord Viscount Dillon of Castelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghne Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or the major part of them will desire the same so that by possibility it may be held and that in the mean time and until the Articles in these presents agreed to be passed in Parliament be accordingly passed the same shall be as inviolably observed as to the matters therein contained as if they were Enacted in Parliament and that in case a Parliament be not called and held in this Kingdom within two years next after the date of these Articles of Peace then His Majesties Lord Lieutenant or other His Majesties chief Governour or Governours of this Kingdom for the time being will at the request of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or the major part of them call a GENERAL ASSEMBLY of the Lords and Commons of this Kingdom to attend upon the said Lord Lieutenant or other His Majesties chief Governour or Governours of this Kingdom for the time being in some convenient place for the better setling of the Affairs of the Kingdom And it is further concluded accorded and agreed by and between the said Parties That all matters that by these Articles are agreed upon to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament And that the said Acts so agreed upon and so to be passed shall receive no diminution or alteration here or in England Provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of His Majesties Protestant party or their Adherents or to any of His Majesties Roman Catholick Subjects party or their Adherents other than such things as upon this Treaty are concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and other than such matters as His Majesty will be graciously pleased to declare his further pleasure in to be passed in Parliament for the satisfaction of His Subjects and other than such things as shall be propounded to either or both Houses by His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being during the said Parliament for the advancement of His Majesties service and the peace of the Kingdom which Clause is to admit no Construction which may trench upon these Articles of Peace or any of them and that both Houses of Parliament may consider what they shall think convenient touching the Repeal or suspension of the Statute commonly called Poynings Act intituled An Act that no Parliament be holden in this Land until the Acts be certified into England III. Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of His Majesties Roman Catholick Subjects of this Kingdom or any of them sithence the 7th of August 1641. shall be vacated and that the same and all Exemplifications and other Acts which contain the memory of them be made void by Act to be past in the next Parliament to be held in this Kingdom and that in the mean time the said Acts or Ordinances or any of them shall be no prejudice to the said Roman Catholicks or any of them IV. Item It is also concluded accorded and agreed upon and His Majesty is likewise graciously pleased That all Indictments Attainders Outlawries in this Kingdom and all the Processes and other proceedings thereupon and all Letters Patents Grants Leases Custodiums Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or Outlawries sithence the 7th day of August 1641. in prejudice of the said Catholicks their Heirs Executors Administrators or Assigns or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assigns or any of them or the Widows of them or any of them and that to be done when the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or the major part of them shall desire the same so that by possibility it may be done and in
the mean time that no such Indictments Attainders Outlawries Processes or other proceedings thereupon nor any Letters Patents Grants Leases Custodiums Bonds Recognizances or any Record Act or Acts Office or Offices Inquisitions or any other thing depending upon or taken by reason of the said Indictments Attainders or Outlawries shall in any sort prejudice the said Roman Catholicks or any of them but that they and every of them shall be forthwith on perfection of these Articles restored to their respective possessions and hereditaments respectively provided that no man shall be questioned by reason hereof for measne rates or wastes saving wilful wastes committed after the first day of May last past V. Item It is likewise concluded accorded and agreed and His Majesty is graciously pleased that as soon as possibly may be all impediments which may hinder the said Roman Catholicks to sit or vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to sit or vote there shall be removed and that before the said Parliament VI. Item It is concluded accorded and agreed upon and His Majesty is further graciously pleased That all Debts shall remain as they were upon the 23d of October 1641. notwithstanding any disposition made or to be made by vertue or colour of any Attainders Outlawry Fugacy or other forfeiture and that no Disposition or Grant made or to be made of any such Debts by vertue of any Attainder Outlawry Fugacy or other forfeiture shall be of force and this to be passed as an Act in the next Parliament VII Item It is further concluded accorded and agreed upon and His Majesty is graciously pleased That for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Freeholders or reputed Freeholders as well of Connaught and County of Clare or Countrey of Thomond as of the Counties of Limerick and Tipperary the same to be secured by Act of Parliament according to the intent of the 25th Article of the Graces granted in the Fourth year of His Majesties Reign the tenour whereof for so much as concerneth the same doth ensue in these words viz. We are graciously pleased that for the securing of the Inhabitants of Connaught and Countrey of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against Vs and our Heirs and Successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by us our Heirs and Successors In which Act of Parliament so to be passed you are to take care that all tenures in capite and all Rents and Services as are now due or which ought to be answered unto Us out of the said Lands and Premises by any Letters Patents past thereof since the first year of King Henry the Eighth or found by any Office taken from the said first year of King Henry the Eighth until the One and twentieth of July 1615. whereby Our late dear Father or any His Predecessors actually received any profit by Wardship Liveries Primer-seizins Measne-rates Ousterlemaynes or Fines of Alienations without Licence be again reserved unto Us Our Heirs and Successors and all the rest of the Premises to be holden of our Castle of Athlone by Knights service according to our said late Fathers Letters notwithstanding any tenures in capite found for Us by office since the One and twentieth of July One thousand six hundred and fifteen and not appearing in any such Letters Patents or Offices within which Rule His Majesty is likewise graciously pleased That the said Lands in the Counties of Limerick and Tipperary be included but to be held by such Rents and Tenures only as they were in the fourth year of His Majesties Reign provided alwayes That the said Lords Knights Gentlemen and Freeholders or reputed Freeholders of the said Province of Connaught County of Clare and County of Thomond and Counties of Tipperary and Limerick shall have and enjoy the full benefit of such composition and agreement which shall be made with His most Excellent Majesty for the Court of Wards Tenures Respite and issues of homage any Clause in this Article to the contrary notwithstanding And as for the Lands within the Counties of Kilkenny and Wickloe unto which His Majesty was intituled by office taken or found in the time of the Earl of Strafford's Government in this Kingdom His Majesty is further graciously pleased That the state thereof shall be considered in the next intended Parliament where His Majesty will assent unto that which shall be just and honourable And that the like Act of Limitation of His Majesties Titles for the security of the Estates of His Subjects of this Kingdom be passed in the said Parliament as was Enacted in the One and twentieth year of His late Majesty King James's Reign in England VIII Item It is further concluded accorded and agreed upon and His Majesty is further graciously pleased That all incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Inns of Court in or near the City of Dublin or elsewhere as shall be thought fit by His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being And in case the said Inns of Court shall be erected before the first day of the next Parliament then the same shall be in such place as His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Castelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall think fit And that such Students Natives of this Kingdom as shall be therein may take and receive the usual degrees accustomed in any Inns of Court they taking the ensuing Oath viz. I A. B. do truly acknowledge profess testifie and declare in my Conscience before God and the World That our Sovereign Lord King CHARLES is lawful and rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty His Heirs and Successors and Him and Them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties Chief Governour
or Governours for the time being all Treasons or Trayterous Conspiracies which I shall know or hear to be intended against His Majesty or any of them and I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. And His Majesty is further graciously pleased That His Roman-Catholick Subjects may erect and keep Free-Schools for education of youth in this Kingdom any Law or Statute to the contrary notwithstanding and that all the matters assented unto in this Article be passed as Acts of Parliament in the said next Parliament IX Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That places of Command Honour Profit and Trust in His Majesties Armies in this Kingdom shall be upon perfection of these Articles actually and by particular instances conferred upon His Roman-Catholick Subjects of this Kingdom and that upon the distribution conferring and disposing of the places of Command Honour Profit and Trust in His Majesties Armies in this Kingdom for the future no difference shall be made between the said Roman-Catholicks and other His Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective merits and abilities And that all His Majesties Subjects of this Kingdom as well Roman-Catholicks as others may for His Majesties service and their own security arm themselves the best they may wherein they shall have all fitting encouragement And it is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That places of Command Honour Profit and Trust in the Civil Government of this Kingdom shall be upon passing of the Bills in these Articles mentioned in the next Parliament actually and by particular instances conferred upon His Majesties Roman-Catholick Subjects of this Kingdom and that in the distribution conferring and disposal of the places of Command Honour Profit and Trust in the Civil Government for the future no difference shall be made between the said Roman-Catholicks and other His Majesties Subjects but that such distribution shall be made with equal indifference according to their respective merits and abilities and that in the distribution of Ministerial offices or places which now are or hereafter shall be void in this Kingdom equality shall be used to the Roman-Catholick Natives of this Kingdom as to other His Majesties Subjects And that the command of Forts Castles Garrison Towns and other places of importance in this Kingdom shall be conferred upon His Majesties Roman-Catholick Subjects of this Kingdom upon perfection of these Articles actually and by particular instances and that in the distribution conferring and disposal of the Forts Castles Garrison Towns and other places of importance in this Kingdom no difference shall be made between His Majesties Roman-Catholick Subjects of this Kingdom and other His Majesties Subjects but that such distributions shall be made with equal indifference according to their respective merits and abilities and that until full settlement in Parliament Fifteen thousand Foot and Two thousand and five hundred Horse of the Roman-Catholicks of this Kingdom shall be of the standing Army of this Kingdom and that until full settlement in Parliament as aforesaid the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being and the said Thomas Lord Viscount Dillon of Costelloc Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires shall diminish or add unto the said number as they shall see cause from time to time X. Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That His Majesty will accept of the yearly Rent or annual Sum of Twelve thousand pounds sterl to be applotted with indifferency and equality and consented to be paid to His Majesty His Heirs and Successors in Parliament for and in lieu of the Court of Wards in this Kingdom Tenures in Capite Common Knights service and all other Tenures within the cognizance of that Court and for and in lieu of all Wardships Primer-seisins Fines Ousterlemaynes Liveries Intrusions Alienations Measne-rates Releases and all other Profits within the cognizance of the said Courts or incident to the said Tenures or any of them or Fines to accrue to His Majesty by reason of the said Tenures or any of them and for and in lieu of respites and issues of homage and fines for the same and the said yearly Rent being so applotted and consented unto in Parliament as aforesaid then a Bill is to be agreed on in the said Parliament to be passed as an Act for the securing of the said yearly Rent or annual Sum of Twelve thousand pounds to be applotted as aforesaid and for the extinction and taking away of the said Court and other matters aforesaid in this Article contained And it is further agreed That reasonable Compositions shall be accepted for Wardships fallen since the Three and twentieth of October One thousand six hundred forty and one and already granted and that no Wardship fallen and not granted or that shall fall shall be passed until the success of this Article shall appear and if His Majesty be secured as aforesaid then all Wardships fallen since the said Three and twentieth of October are to be included in the Agreement aforesaid upon Composition to be made with such as have Grants as aforesaid which Composition to be made with the Grantees since the time aforesaid is to be left to indifferent persons and the Umpirage to be the said Lord Lieutenant XI Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more proxies than two and that blank proxies shall be hereafter totally disallowed and that if such Noblemen or Peers of this Realm as have no Estates in this Kingdom do not within five years to begin from the conclusion of these Articles purchase in this Kingdom as followeth viz. a Lord Baron Two hundred pounds per annum a Lord Viscount Four hundred pounds per annum and an Earl Six hundred pounds per annum a Marquess Eight hundred pounds per annum and a Duke a Thousand pounds per annum shall lose
offences of what nature kind or quality soever in such manner as if such Treasons or offences had never been committed perpetrated or done That the said Act do extend to the Heirs Children Kindred Executors Administrators Wives Widows Dowagers and Assigns of such of the said Subjects and their Adherents who dyed on before or since the Three and twentieth of October 1641. That the said Act do relate to the first day of the next Parliament That the said Act do extend to all Bodies Politick and Corporate and their respective Successors and unto all Cities Burroughs Counties Baronies Hundreds Towns Villages Tythings and every of them within this Kingdom for and concerning all and every of the said offences or any other offence or offences in them or any of them committed or done by His Majesties said Subjects or their Adherents or any of them before in or since the Three and Twentieth of October 1641. Provided this Act shall not extend to be construed to pardon any offence or offences for which any person or persons have been convicted or attainted of Record at any time before the Twenty third day of October in the year of our Lord One thousand six hundred forty and one That this Act shall extend to Piracies and all other offences committed upon the Sea by His Majesties said Subjects or their Adherents or any of them That in this Act of Oblivion words of Release Acquittal and Discharge be inserted That no person or persons Bodies Politick or Corporate Counties Cities Burroughs Baronies Hundreds Towns Villages Tythings or any of them within this Kingdom included within the said Act be troubled impeached sued inquieted or molested for or by reason of any offence matter or thing whatsoever comprized within the said Act And the said Act shall extend to all Rents Goods and Chattles taken detained or grown due to the Subjects of the one party from the other since the Three and twentieth of October One thousand six hundred forty and one to the date of these Articles of Peace and also to all Customs Rents Arrears of Rents Prizes Recognizances Bonds Fines Forfeitures Penalties and to all other Profits Perquisites and Dues which were due or did or should accrue to His Majesty on before or since the Three and twentieth of October One thousand six hundred forty and one until the perfection of these Articles And likewise to all Measne-rates Fines of what nature soever Recognizances Judgments Executions thereupon and penalties whatsoever and to all other profits due to His Majesty since the said Three and twentieth of October and before until the perfection of these Articles for by reason or which lay within the survey or cognizance of the Court of Wards And also to all respites issues of homage and Fines for the same Provided this shall not extend to discharge or remit any of the Kingâ—s debts or subsidies due before the said Three and twentieth of October 1641. which were then or before levied or taken by the Sheriffs Commissioners Receivers or Collectors and not then or before accompted for or since disposed to the Publick use of the said Roman-Catholick Subjects but that such persons may be brought to accompt for the same after full settlement in Parliament and not before unless by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them the said Lord Lieutenant shall otherwise think fit Provided that such barbarous and inhumane Crimes as shall be particularized and agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunric Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them as to the Actors and Procurers thereof be left to be tryed and adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them And that the power of the said Commissioners shall continue only for Two years next ensuing after the date of their Commission which Commission is to issue within six months after the date of these Articles Provided also that the Commissioners to be agreed on for tryal of the said particular Crimes to be excepted shall hear order and determine all cases of Trust where relief may or ought in equity to be afforded against all manner of persons according to the equity and circumstances of every such cases and His Majesties chief Governour or Governours and other Governours and Magistrates for the time being and all His Majesties Courts of Justice and other His Majesties Officers of what condition or quality soever be bound and required to take notice of and pursue the said Act of Oblivion without pleading or suit to be made for the same And that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other precept for concerning or by reason of any matter cause or thing whatsoever released forgiven discharged or to be forgiven by the said Act under pain of Twenty pounds sterl And that no Sheriff or other Officer do execute any such Writ Process Summons or Precept and that no Record Writing or memory do remain of any offence or offences released or forgiven or mentioned to be forgiven by this Act and that all other Causes usually inserted in Acts of General pardon or oblivion enlarging His Majesties grace and mercy not herein particularized be inserted and comprized in the said Act when the Bill shall be drawn up with the exceptions already expressed and none other Provided alwayes that the said Act of Oblivion shall not extend to any Treason Felony or other offence or offences which shall be committed or done from or after the date of these Articles until the first day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in pursuance of these Articles of Peace agreed upon or any Act or Acts which shall be done by vertue colour or pretence of the Power or Authority used or exercised by and amongst the Confederate Roman-Catholicks after the date of the
said Articles and before the said Publication shall not be accompted taken or construed or be Treason Felony or other offence to be excepted out of the said Act of Oblivion Provided likewise That the said Act of Oblivion shall not extend unto any person or persons that will not obey and submit unto the Peace concluded and agreed on by these Articles Provided further That the said Act of Oblivion or any in this Article contained shall not hinder or interrupt the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them to call to an account and proceed against the Council and Congregation and the respective Supreme Councils Commissioners General appointed hitherto from time to time by the Confederate Catholicks to manage their affairs or any other person or persons accomptable to an account for their respective Receipts and disbursments since the beginning of their respective employments under the said Confederate Catholicks or to acquit or release any arrears of Excises Customs or Publick Taxes to be accompted for since the Three and Twentieth of October 1641. and not disposed of hitherto to the Publick use but that the Parties therein concerned may be called to an account for the same as aforesaid by the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them the said Act or any thing therein contained to the contrary notwithstanding XIX Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That an Act be passed in the next Parliament prohibiting That neither the Lord Deputy or other chief Governour or Governours Lord Chancellor Lord High Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy Council or Judges of the Four Courts be Farmers of His Majesties Customs within this Kingdom XX. Item It is likewise concluded accorded and agreed and His Majesty is graciously pleased That an Act of Parliament pass in this Kingdom against Monopolies such as was Enacted in England 21 Jacobi Regis with a further Clause of Repealing of all Grants of Monopolies in this Kingdom and that Commissioners be agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them to set down the Rates for the custom and imposition to be laid on Aquavitae Wine Oyl Yearn and Tobacco XXI Item It is concluded accorded and agreed and His Majesty is graciously pleased That such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall be as soon as may be authorized by Commission under the Great Seal to regulate the Court of Castle-Chamber and such causes as shall be brought into and censured in the said Court XXII Item It is concluded accorded and agreed upon and His Majesty is graciously pleased That Two Acts lately passed in this Kingdom the one prohibiting the plowing with Horses by the Tail and the other prohibiting the burning of Oats in the straw be Repealed XXIII Item It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased For as much as upon application of Agents from this Kingdom unto His Majesty in the Fourth year of His Reign and lately upon humble suit made unto His Majesty by a Committee of both Houses of the Parliament of this Kingdom some order was given by His Majesty for redress of several Grievances and for so many of those as are not expressed in the Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of His Majesties said former directions for redresses therein that the same be afforded them yet so as for prevention of inconveniencies to His Majesties service that the warning mentioned in the Four and twentieth Article of the Graces in the Fourth year of His Majesties Reign be so understood that the warning being left at the persons Dwelling-houses be held sufficient warning and that as to the Two and twentieth Article of the said Graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in our English Courts But the Court of Wards being compounded for so much of the aforesaid Answer as concern warning and process shall be omitted XXIV Item It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased That Maritime Causes may be determined in this Kingdom without driving of Merchants or others to appeal and seek Justice elsewhere and if it shall fall out that there be cause of an Appeal the Party grieved is to appeal to His Majesty in the Chancery of Ireland and the Sentence thereupon to be given by the Delegates to be definitive and not to be questioned upon any further Appeal except it be in the Parliament of this Kingdom if the Parliament then shall be sitting otherwise not This to be by Act of Parliament And until the said Parliament the Admiralty and Maritime Causes shall be ordered and setled by the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them XXV Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That His Majesties Subjects of this Kingdom be eased of all Rents and increase of Rents lately
raised on the Commissioners defective Titles in the Earl of Strafford's Government This to be by Act of Parliament and that in the mean time the said Rents shall not be written for by any Process or increase of Rents or the payment thereof in any sort procured XXVI Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That by Act to be passed in the next Parliament all the arrears of interest money which did accrue or grow due by way of debt morgage or otherwise and yet not satisfied since the Three and twentieth of October 1641. until the perfection of those Articles shall be fully forgiven and be released And that for and during the space of Three years next ensuing no more shall be taken for use or interest of money than five pounds per Cent. And in cases of equality arising through disability occasioned by the distempers of these times the considerations of equity to be alike unto both Parties But as for Morgages contracted between His Majesties Roman-Catholick Subjects and others of that Party where entry hath been made by the Morgagers against Law and the condition of their Morgages and detained wrongfully by them without giving any satisfaction to the Morgagees or where any such Morgagers have made profit of the Lands Morgaged above Countrey charges yet answer no Rent or other consideration to the Morgagees the Parties grieved respectively to be left for relief to a course of equity therein XXVII Item It is further concluded accorded and agreed upon and His Majesty is further graciously pleased That immediately upon perfection of these Articles the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires shall be authorized by the said Lord Lieutenant to proceed in hear determine and execute in and throughout this Kingdom the ensuing particulars and all the matters thereupon depending and that such authority and other the authorities hereafter mentioned shall remain of force without revocation alteration or diminution until Acts of Parliament be passed according to the purport and intent of these Articles and that in case of death miscarriage disability to serve by reason of sickness or otherwise of any the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being shall name and authorize another in the place of such as shall be so dead shall miscarry himself or be so disabled and that the same shall be such persons as shall be allowed of by the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them living And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall have power to applot raise and levy means with indifferency and equality by way of Excise or otherwise upon all His Majesties Subjects within the said Kingdom their Persons Estates and Goods towards the maintenance of such Army or Armies as shall be thought fit to continue and be in pay for His Majesties service the defence of the Kingdom and other the necessary publick charges thereof and towards the maintenance of the Forts Castles Garrisons and Towns of both or either Party other than such of the said Forts Garrisons and Castles as from time to time until there shall be a settlement in Parliament shall be thought fit by His Majesties chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them not to be maintained at the charge of the Publick Provided that His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being be first made acquainted with such Taxes Levies and Excises as shall be made and the manner of the levying thereof and that he approve the same And to the end that such of the Protestant Party as shall submit to the Peace may in the several Counties where any of their Estate lyeth have equality and indifferency in the Assessments and Levies that shall concern their Estates in the said several Counties It is concluded accorded and agreed upon and His Majesty is graciously pleased That in the directions which shall issue to any such County for the applotting subdividing and levying of the said Publick Assessments some of the said Protestant Party shall be joined with others of the Roman-Catholick Party to that purpose and for effecting that service And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall have power to Levy the Arrears of all Excise and all other Publick Taxes imposed by the Confederate Roman-Catholicks and yet unpaid and to call all Receivers and other Accomptants of all former Taxes and all Publick dues to a just and strict accompt either by themselves or by such as they or any seven or more of them shall name or appoint And that the said Lord Lieutenant or any other chief Governour or Governours of this Kingdom for the time being shall from time to time issue Commissions to such person and persons as shall be named and appointed by the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander
mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them for letting setting and improving the Estates of all such person and persons as shall adhere to any Party opposing His Majesties authority and not submitting to the Peace and that the profits of such Estates shall be converted by the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being to the maintenance of the Kings Army and other necessary charges until settlement by Parliament And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall have power to applot raise and levy means with indifferency and equality for the buying of Arms and Ammunition and for the entertaining of Frigots in such proportion as shall be thought fit by His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them the said Arms and Ammunition to be laid up in such Magazines and under the charge of such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them to be disposed of and the said Frigots to be employed for His Majesties service and the publick use and benefit of the Kingdom of Ireland And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall have power to applot raise and levy means with indifferency and equality by way of Excise or otherwise in the several Cities Corporate Towns Counties and parties of Counties now within the Quarters and only upon the Estates of the said Confederate Roman-Catholicks all such Sum and Sums of money as shall appear to the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them to be really due for and in the discharge of the Publick engagements of the said Confederate Catholicks incurred or grown due before the conclusion of these Articles And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall be authorized to appoint Receivers Collectors and all other Officers for such monies as shall be assessed taxed or applotted in pursuance of the Authorities mentioned in this Article and for the Arrears of all former Applotments Taxes and other Publick dues yet unpaid And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them in case of refractoriness or delinquency may distrain and imprison and cause such Delinquents to be distrained and imprisoned And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them make perfect Books of all such monies as shall be applotted raised and levied out of which Books they are to make several and respective Abstracts to be delivered under their hands or the hands of any seven or more of them to the several and respective Collectors which shall be appointed to levy and receive the same and that a Duplicate of the said Books under the hands of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them be delivered unto His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being whereby a present accompt may be given And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or them shall have power to call the Council and Congregation and the respective Supreme Councils and Commissioners General appointed hither to from time to time by the said Confederate Roman-Catholicks to manage their publick affairs and all other persons answerable to an accompt for all their Receipts and Disbursments since the beginning of their respective employments under the Confederate Roman Catholicks XXVIII Item It is concluded accorded and agreed by and between the said Parties and His Majesty is graciously pleased That for the preservation of the Peace and tranquility of the Kingdom the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of
Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall for the present agree upon such persons who are to be authorized bay Commission under the Great Seal to be Commissioners of the Peace Oyer and Terminer Assizes and Gaol-delivery in and throughout the Kingdom to continue during pleasure with such power as Justices of the Peace Oyer and Terminer Assizes and Gaol-delivery in former times of Peace have usually had which is not to extend unto any crime or offence committed before the first of May last past and to be qualified with power to hear and determine all Civil Causes coming before them not exceeding Ten pounds Provided that they shall not meddle with Titles of Lands Provided likewise the authority of such Commissioners shall not extend to question any person or persons for any Shipping Cattel or Goods heretofore taken by either Party from the other or other injuries done contrary to the Articles of Cessation concluded by and with the said Roman-Catholick Party in or since May last but that the same shall be determined by such indifferent persons as the Lord Lieutenant with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall think fit to the end that speedy and equal justice may be done to all Parties grieved And the said Commissioners are to make their Estreats as accustomed in time of Peace and shall take the ensuing Oath viz. YOV shall Swear That as Justice of the Peace Oyer and Terminer Assizes and Gaol-delivery in the Counties of A. B. C. in all Articles of the Commission to you directed you shall do equal Right to the Poor and to the Rich after your cunning and wit and power and after the Laws and Customs of the Realm and in pursuance of these Articles And you shall not be of Council of any quarrel hanging before you And the Issues Fines and Anerciaments which shall happen to be made and all Forfeitures which shall happen before you you shall cause to be entred without any concealment or imbezling and truly send to the Court of Exchequer or to such other place as His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom shall appoint until there may be access unto the said Court of Exchequer You shall not let for gift or other cause but well and truly you shall do your office of Justice of the Peace Oyer and Terminer Assizes and Gaol-delivery in that behalf And that you take nothing for your office of Justice of the Peace Oyer and Terminer Assizes and Gaol-delivery to be done but of the King and Fees accustomed And you shall not direct or cause to be directed any Warrant by you to be made to the Parties but you shall direct them to the Sheriffs and Bayliffs of the said Counties respectively or other the Kings Officers or Ministers or other indifferent persons to do execution thereof So help you God c. And that as well in the said Commission as in all other Commissions and Authorities to be issued in pursuance of these present Articles this Clause shall be inserted viz. That all Officers Civil and Martial shall be required to be aiding and assisting and obedient unto the said Commissioners and other persons to be authorized as abovesaid in the execution of their respective powers XXIX Item It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased That His Majesties Roman Catholick Subjects do continue the possession of such of His Majesties Cities Garrisons Towns Forts and Castles which are within their now Quarters until settlement by Parliament and to be commanded ruled and governed in chief upon occasion of necessity as to the Martial and Military affairs by such as His Majesty or His chief Governour or Governours of this Kingdom for the time being shall appoint and the said appointment to be by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them And His Majesties chief Governour or Governours is to issue Commissions accordingly to such persons as shall be so named and appointed as aforesaid for the executing of such Command Rule or Government to continue until all the particulars in these present Articles agreed on to pass in Parliament shall be accordingly passed only in case of death or misbehaviour such other person or persons to be appointed for the said Command Rule and Government to be named and appointed in the place or places of him or them who shall so dye or misbehave themselves as the chief Governour or Governours for the time being by the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall think fit and to be continued until settlement in Parliament as aforesaid XXX Item It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased That all Customs and Tenths of Prizes belonging to His Majesty which from the perfection of these Articles shall fall due within this Kingdom shall be paid in to His Majesties Receipt or until recourse may be had thereunto in the ordinary legal way unto such person or persons and in such place and places and under such Comptrollers as the Lord Lieutenant shall appoint to be disposed of in order to the defence and safety of the Kingdom and the defraying of other the necessary publick Charges thereof for the ease of the Subjects in other their Levies Charges and Applotments And that all and every person and persons who are at present entrusted and employed by the said Roman-Catholicks in the Entries Receipts Collections or otherwise concerning the said Customs and Tenths of Prizes do continue their respective employments in the same until full settlement in Parliament accomptable to His Majesties Receipts or
until Recourse may be had thereunto as the said Lord Lieutenant shall appoint as aforesaid other than as to such and so many of them as to the chief Governour or Governours for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall be thought fit to be altered and then and in such case or in case of death fraud or misbehaviour or other alteration of any such person or persons then such other person or persons to be employed therein as shall be thought fit by the chief Governour or Governours for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them And where it shall appear that any person or persons who shall be found faithful to His Majesty hath Right to any of the offices or places about the said Customs whereunto he or they may not be admitted until settlement in Parliament as aforesaid that a reasonable compensation shall be afforded to such person or persons for the same XXXI Item As for and concerning His Majesties Rents payable at Easter next and from thenceforth to grow due until a settlement in Parliament It is concluded ordered and agreed upon by and between the said Parties and His Majesty is graciously pleased That the said Rents be not written for or levied until a full settlement in Parliament and in due time upon application to be made to the said Lord Lieutenant or other chief Governour or Governours of this Kingdom by the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them for remittal of those Rents the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being shall intimate their desires and the Reasons thereof to His Majesty who upon consideration of the present condition of this Kingdom will declare his gracious pleasure therein as shall be just and honourable and satisfactory to the reasonable desires of His Subjects XXXII Item It is concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased That the Commissioners of Oyer and Terminer and the Gaol-delivery to be named as aforesaid shall have power to hear and determine all Murthers Manslaughters Rapes Stealths Burning of Houses and Corn in Reek or Stack Robberies Burglaries forceable Entries detainers of Possessions and other Offences committed or done and to be committed and done since the first day of May last past until the first day of the next Parliament these present Articles or any thing therein contained to the contrary notwithstanding Provided that the authority of the said Commissioners shall not extend to question any person or persons for doing or committing any act whatsoever before the conclusion of this Treaty by vertue or colour of any Warrant or direction from those in Publick Authority among the Confederate Roman-Catholicks nor unto any act which shall be done after the perfecting and concluding of these Articles by vertue or pretence of any Authority which is now by these Articles agreed on Provided also that the said Commission shall not continue longer than the first day of the next Parliament XXXIII Item It is concluded ordered and agreed by and between the said Parties and His Majesty is further graciously pleased That for the determining such differences which may arise between His Majesties Subjects within this Kingdom and the prevention of inconvenience and disquiet which through want of due remedy in several cases may happen there shall be Judicatures established in this Kingdom and that the persons to be authorized in them shall have power to do all such things as shall be proper and necessary for them to do and that the said Lord Lieutenant by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall name the persons so to be authorized and do all other things incident unto and necessary for the setling of the said intended Judicature XXXIV Item At the instance humble suit and earnest desire of the General Assembly of the Confederate Roman-Catholicks It is concluded accorded and agreed upon That the Roman-Catholick Clergy of this Kingdom behaving themselves conformable to these Articles of Peace shall not be molested in the possessions which at present they have of and in the bodies scites and precincts of such Abbeys and Monasteries belonging to any Roman-Catholick within the said Kingdom until settlement by Parliament And that the said Clergy shall not be molested in the enjoying of such Pensions as hitherto since the Wars they enjoyed for their respective livelihood from the said Roman-Catholicks And the scites and precincts hereby intended are declared to be the body of the Abby one Garden and Orchard to each Abby if any there be and what else is contained within the Walls Mures or ancient Fences or Ditch that doth supply the Wall thereof and no more XXXV Item It is concluded accorded and agreed by and between the said Parties That as to all other the demands of the said Roman-Catholicks for or concerning all or any the matters proposed by them not granted or assented unto in and by the aforesaid Articles the said Roman-Catholicks be referred to His Majesties gracious Favour and further Concessions In witness whereof the said Lord Lieutenant for and on the behalf of His most Excellent Majesty to the one part of these Articles remaining with the said Roman-Catholicks hath put his Hand and Seal and Sir Richard Blake Knight in the Chair of the General Assembly of the said Roman-Catholicks by Order Command and unanimous Consent of the said Catholicks in full Assembly to the other part thereof remaining with the said Lord Lieutenant hath put his Hand and the Publick Seal hitherto used by the said
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
For in the same very order and with the same Titles they subscribed themselves with their own hands under the very original Remonstrance I give them here with this Advertisement to the Reader That the four first signed likewise at London before the Procurator came for Ireland three of them indeed a pretty while after the publication in print of the Remonstrance with the other twenty four London-Subscribers but the first of all I mean Father Bartholomew Stritch together with those other twenty four printed Fathers and should therefore have made up the twenty fift of those formerly printed names Whereof I confess I did not my self take notice till of late looking over the original and by meer chance comparing it with the printed copy When also I found another mistake of the Printers in putting Bartholomew Bellew instead of Patrick Bellew For Patrick Bellew who is now parish Priest of Dundalke was he that subscribed amongst those very first 25. The names of the Clergie-men Seculars or Regulars that besides the first 24. subscribed the Remonstrance of 61. either at London or Dublin or elswhere in Ireland Bartholomew Strich Sacerd. Fr. George Goulde of S. Fran. Ord. Conf. and Preach Cajetanus Macharius V. I. D. et Protonotarius Fr. Thomas Talbot Almonier to the Queen Dowager Fr. Valen. Brown Read Iubilate of Divin and Commissary of the Fran. in Conaght Fr. James Fitz Symons Guardian of the Fran. at Dublin and Custos of the Province of Ireland Fr. Lawrence Tankard of S. Fran. Ord. Conf. and Preac Fr. Patrick Porter of S. Fran. Ord. Conf. and Preach Fr. Nicholas Fitz Symons of S. Fran. Ord. Conf. and Preach Fr. Valentin Cruia of S. Fran. Ord. Conf. and Preach Fr. John Reynolds of the Ord. of S. Dominick Conf. Preac Gen. and Notary Apostolick Fr. John Scurlock of the Ord. of S. Dominick Prior of Drogheda Fr. Nicholas Archbold of the Ord. of S. Fran. Conf. and Preach Fr. Phillip Codd of S. Fran. Ord. Conf. and Preach Fr. Christopher Plunket of S. Fra. Ord. Preses of Clane Lawrence Archbold olim Vic. Gen. of Dublin and Rector of Laragh Bryan John Murtagh Doct. of Divinity Vicar of Athlone c. Bartholomew Read Doct. of Divin c. Tho. Kenny Sac. et Theolog. Edmund Smith Sacerd. Fr. James Shiele of S. Fran. Ord. Conf. and Preach Denis Ferrail Parish Priest of Mastrim Theolog. Fr. Lawrence Cullen of S. Domincks Ord. Conf. Fr. Bonaventura Darcy of S. Fran. Ord. Conf. Fr. Patrick Carre of S. Fran. Ord. Guardian of Carrigfergus Fr. Iames Tute of S. Fran. Ord. and Guardian of Feorus Fr. Francis Coppinger of S. Fran. Ord. Read Gen. of Divinity and Guard of Corke Fr. Patrick Wesly of S. Fran. Ord. Guardian of Trim. Iohn Muldoon Prior. Insulae Sanctorum Vic. de Cashil et Rathclin Fr. Anthony Fitz gerrald of S. Fran. Ord. Read of Divinity Fr. Iames Turnor of S. Fran. Ord. Conf. Fr. Patrick Euers of S. Fran. Ord. Conf. Fr. Christopher Dillon Ord. Carmel Calceatorum nunc in Hibernia Senior et Prior Conventus de Cultrack Fr. Ludovick Fitz Gerald of S. Fran. Ord. Preses of Kildare Ronan Maginn Dean of Dromore and Doctor of Divinity Fr. Clemens Bern of S. Dominicks Ord. Prior de Villanova Fr. Didacus Bern of S. Fran. Ord. Fr. George Coddan of S. Fran. Ord. Read Gen. of Divinity and Missionary Apostolical Fr. Anthony Dalaghan of S. Fran. Ord. Guard of Killihy Fr. Thomas Harrold of S. Fran. Ord. Read Iubilate of Divinity Fr. Francis Dillon of S. Fran. Ord. Guardian of Ballimote Fr. Columbanus Gernon of S. Fran. Ord. Conf. and Preach Fr. Iohn Dondon of S. Fran. Ord. Guardian of Limerick Fr. Iames Tute Iunior of S. Fran. Ord. Read of Divinity Fr. Anthony Molloy of S. Fran. Ord. Read of Divinity And a further advertisement is That notwithstanding the letter to my Lord Lieutenant from the now late but then actual Minister Provincial of the Franciscans in Ireland Father Anthony Docharty of which letter you shall see after some few Sections a true copy wherein he signifies his own plenary approbation of concurrence to the said Remonstrance as to all parts words and even according to the very sense and exposition of the Author whom he supposeth to be Father Peter Walsh yet for as much as he to this day would not subscribe the original nay refused to do so now very lately I do not rank him among the Subscribers As I neither do for many reasons whereof hereafter the Bishop of Killfinuran though so earnest and active for it at first in St Maloes in France by getting the subscriptions of others Nor likewise for some of the same or like reasons do I name amongst them the Bishop of Ardach albeit I have in his own hand-writing all along his Letter to his Brother Sr. Nicholas Pluncket not only or simply approving it but by arguments deduced from the doctrine of St. Paul in holy Scripture and from the practice of the primitive Christians and the several degrees of obedience taught even by Neoterick Divines proving sufficiently nay and abundantly the catholickness and lawfulness of it XVI In the next place and as soon as the Procuratour had with so good success tryed this first attempt made this first breach and consequently atleast in some degree or measure broke the grand Ligue and shewed they were not invincible nor the chief contrivers of it so absolutely and generally powerful as they made account themselves to be his care was to write to some of the most eminent persons among them in the several Provinces and first of all to the most Reverend Bishop of Meath Anthony Mageoghegan of St. Francis Order as likewise to the Vicar Apostolick of Dublin for Leinster to others in Munster Connaught and Vlster for the respective Secular Clergy in those parts as also to the Provincial Superiours of Regular Orders for the Religious under their Government or Direction But understanding of two Provincial Assemblies or Chapters intermedia as they are called of the Dominican and Franciscan Orders in two different places in Connaght that of the Dominicans in Vachtirhiry and the other of the Franciseans in Muintircheany he writ special Letters to each by members of those Assemblies but late and known Subscribers to the Franciscans by Father James Fitz Simons above named Guardian of that Order at Dublin and Custos of their Province to the Dominicans by Father Iohn Reynolds the above likewise named of the same Order and Secretary of their said Meeting By which Letters he gave them notice of his arrival and seriously minded them of that which should be their greatest concern in their Assemblyes And how that laying aside all further delayes they should now at last resolve after so long a time even full seven or eight months since they with the rest of the Clergy of Ireland were specially invited by and even by his printed Book The more ample Account to a necessary concurrence with those had given
Caesar we are tyed to clear if from imputation and professing it also a Rule that we will follow in our affections it seems altogether inexcusable if we startle at any engagement within the verge of Regality wherein our Allegiance is payable And therefore in the Circumstances you seemed to stand in to free the Holy Catholique Faith on one side from obloquies and redeem your selves from calumnies and on the other to relieve the Layety under your charge from heavy pressures and further to open a dore to your liberty of Religion we must needs judge you have performed the Office of good Pastours both in framing and subscribing your Allegiance to the Prince to hold forth to the whole whole world your Religion pure and spotless your Allegiance built on a basis immoveable and your selves well resolved Subjects For our parts we would be glad to runn into those occasions even with the hazard of our lives or the loss of our last drop of blood to worke out our freedom from the severity of our penal laws much more would we think it happy to gain it with the renounce of an Opinion which justly brings a jealousie upon us from our Prince and fellow Subjects and in the judgement of the chief Assertours of it of no greater note then to bring along with it the pains of Damnation to those of their party that speak preach or print it as appears by a written paper have published by themselves Wherefore that you may see how we stand affected were this Declaration of yours tendred us by Authority in lieù of what otherwise we lye under we should willingly embrace it considering it as well singles out the loyal Subject from those of the bad Principle as reduces the erroneous into the number of penitents My Lord The Apostolical advice to give none the least offence in our Ministry but to preserve our selves blameless to all sorts of people and the Church of God is the sole pardon I can plead for this entrench upon your patience well knowing your imployments speak you a follower of the Apostles by being a Servant to all persons in all things not seeking your own but the Countryes profit that they may be saved in which common concerne I shall be ever ready to runn your Lordships ways being subject to the laws of the same holy Church and Dread Soveraign whom God long preserve whose most loyal Subject I will ever remain and My Lord Your Lordships most humble servant in Christ Iesu Humphry Ellice Dean of the Chapter London October 18th 1662. XXII Much about this time also William Burgat Vicar General of Imly and Custos as they call him of the Diocess of Limerick came from the Province of Munster to Dublin of purpose to speak to the Procuratour about his own and the common affairs of all the Clergie both of that and the Province of Connaght For this Gentleman hearing in August before that the Procuratour was arrived from London writt him presently a very civil letter expressing much loyalty to the King and affection to the Lord Lieutenant And his letter was seconded with a good character given of him then to the Procuratour by persons of Interest and knowledg in that Province of Munster the Earl of Clancarty and Iohn Walsh Esq By that letter the said Father Burgat let the Procuratour know himself had been deputed some three or four years past in the Protectors tyranny and by the Clergie of that Province as entire Agent for themselves to Rome about their Ecclesiastical affairs and by those of the Province of Connaght also joyned in commission with an other one Doctor Cegan for themselves That money to bear his charges could not be had until about that time of His Majesties most fortunat Restauration That seeing the great and happy change he demurr'd on the matter until the Earl of Clancarty's first comming to Ireland That having communicated unto his Lordship what he intended he was advised by the said Earl not to stirr till he had seen and been advised by Father Walsh the Procuratour And that therefore he vehemently now desired to meet him about Kilkenny or where else he would appoint But the Procuratour having answer'd with desires of his comming to Dublin and meeting there Father Burgat came at last along to Dublin Where notwithstanding the Procuratour spent much time informing him for 6. dayes consequently of the causes and ends of the Remonstrance and that the said Father Burgat averred constantly that he neither found any thing in it could not be justly owned nor heard any in his own Province hitherto speaking otherwise or one word against it yet whether perverted by such obstinate persons of the Dublin Clergie as he conversed with daily then or whether byass'd by his own former intrigues and principles received at first and retayned still after from his Bishop when alive Terlagh O Brien a Prelate of too much violent zeal for the Nuncius's quarrel and further yet by his pretensions at Rome and his entended journey thither he would not sign at all then or there at Dublin pretending for excuse that being he came from the whole Province of Munster to be informed he would have the greater power to perswade them all generally if he returned back without preingagement and the less if otherwise Desiring nevertheless the Procuratour to write by him to the chief Vicar General or Apostolical as they call him Iohn Burk of Cashil to be communicated to the rest concerning that matter of the Remonstrance and their subscription Which the Procuratour did but never had answer from either For it seems Mr. Burgat who by all means declined nay expresly refused to be presented to my Lord Lieutenant though invited often to it by the Procuratour because my Lord so lately had seen his letter and heard that good character of him given by my Lord Clancarty and Mr. Iohn Walsh and was commission'd as above by two Provinces judg'd it better for his own private ends to have nothing to do in that business at least not to appear for it Which was the reason also he did not acquiesce to so many pregnant reasons given him by the Procuratour against his undertaking such a journey to Rome at least as an Agent or publick person representing both or either of those Provinces Albeit he was so farre convinced by such reasons as to promise the Procuratour he would only go as farre as Paris to leave there some youths at School and thence return immediately with purpose to alleadg new and probable difficulties met with and so excuse himself to the Clergie that had employed and given him money which otherwise he must have restored back and yet not so neither or by only restoring their money without going over Seas excused himself with any colour being they so long depended of him But in this promise also he failed For he went along to Rome and there sollicited ever since and lost both his money and time without
compassing as yet any of his designs XXIII Likewise about the same time the R. R. Father in God Iohn Burk the Catholick Archbishop of Tuam very aged infirm and sickly and looked upon as not able to live one year longer came unexpectedly from St. Maloes and in my Lord Lieutenants absence arrived at Dublin privatly accompanied with father Thomas Quin the Jesuit and another of that Society in whose power and under whose directions this aged venerable Prelate wholy was The Procurator having done his first respects of visit to his Lordship desired to know his cause of venturing so confidently without acqainting first and having by some way addressed himself to my Lord Lieutenant and understood of some connivence for his return Minded him of the carriage and proceedings all along of the Clergy and especially of the Bishops of Waterford and Iames-stown That although his Lordship carried himself fairly and loyally in opposing the Nuncio even to his face at Galway and forced open the Church there which the Nuncio would have to observe his Interdict other Censures that he had sided all along with the Cessation supream Council at Kilkenny in that business and further too in concluding the second Peace yet he could not forget how he sullied all his former glory by his after unfortunate sitting and concurring at Iames-stown with other Bishops to those disloyal Declarations made there That he had not since by any publick or private application to His Majesty or Lord Lieutenant or by submission and repentance declared to either washed of the stain of that scandalous horrid transgression nor given any assurance of his more loyal carriage hereafter That yet both were of absolute necessity from a Prelate of highest rank such too as for example and for the satisfaction of God and men should be publick That he should therefore petition for himself and by his example induce the rest of the Irish Clergy to do the like and most humbly beg pardon for the time past and for the future sign that Remonstrance whereof to that end he had in France from London a sufficient account All which and much more to this purpose the Procurator humbly and earnestly minded him of even sometime in the presence of the above Father William Burgat Vicar General of Imly The good Archbishop heard him all out both attentively and patiently enough without sign of displeasure but return'd no other answer then That he was now so broken with age and many diseases of body that his mind also or understanding was no more of any kind of strength or capable to discern what he was to do in that or other things That he was for the matter dead already That he ventured this journey from France by Sea all along for otherwise he could not of purpose only to die and lye down at rest in his grave native soil That he would not have been to bold as to land at Dublin but that he supposed my Lord Lieutenant away thence in the Countrey at that time as it happened and that he might be carried away privatly to his own Province of Connaght without any further noise of his arrival or knowledge thereof given to my Lord Lieutenant And that being his Grace the Lord Lieutenant was now returned to Town he desired the Procurator should most humbly present his most submissive respects and make that true Apology for him of the design of his coming and desire of being connived at for so short a time as he had to drag a miserable life and end it by a death more welcome which he daily expected But the Procurator saw well enough that how infirm soever this good Archbishop was in body yet he had still sufficient apprehension and this excuse proceeded from the Fathers by whom he was led of late in all things perswading themselves his behaving himself so would give both countenance and authority enough amongst Catholicks not to themselves alone but to all others of the Clergy in denying or opposing a subscription which he had so declined That his name or extraction and his known affection sometimes formerly to the King and English Interest we 〈…〉 himself sufficiently of entertaining other scruples in that matter then those of religion and reverence to the See Apostolick And his quality of Archbishop and the only then of that Nation and Religion at home and the only moreover known to have formerly declared against the Nuncio would be a strong confirmation thereof at least might be a very probable excuse for all others of inferior degree until he had declared himself on the point All which and the use thereof notwithstanding the Procurator did well enough perceive and foresee yet he could not help having done his own duty But however advised this good Archbishop to retire as he did immediatly in a litter to Connaght where he remains ever since guided still by the same Fathers as wholly in their power The sequel whereof shall be seen hereafter in its proper place or second Part of this Narrative XXIV The Procurator therefore and by several other arguments seeing now certainly where the first obstruction to a further progress lay which should be removed and seeing that albeit the Fathers of the Society were but a very few in Ireland and most of them in or near Dublin yet their correspondency both at home and abroad especially at Rome was look't upon by most of the Pretendents in or Dependents of that Court and their own confidence withall in themselves was great partly because they had so dexterously behaved themselves in the Nuncio's quarrel that as they were perswaded much could not be objected to them on that account and partly for other causes and for that in particular of their extraction generally as for that also of some powerful Relations of some of them and albeit he saw well enough at the same time what influence the example of the Dublin Clergy in general both Parish-priests and Religious Orders of which Orders there he had only yet won the Franciscans and two of the Dominicans but none at all of the Augustinians Carmelits Cappuccins or Jesuits no more then he had none of the Parish-priests who were four or five and together with the said Regulars made fifty Priests or there abouts in that City albeit I say the Procurator saw well enough what influence the example of the Dublin Clergy in general would have upon the rest abroad in other parts of the Kingdom and that it would be to no great purpose but altogether vain to expect a concurrence from these if those had refused even there where the Lord Lieutenant and Council and Parliament sate and where notwithstanding the Dissenters had as much favour or freedom tolleration or connivence or whatever else you call it as the Subscribers and that on the other side the Dissenters had the advantage of the Subscribers at Rome and with the Generals of Orders beyond Seas of whose special favour
amongst the People and amongst all Catholicks both at home in Ireland and abroad in Forreign Countries for Sufferers in the Cause of God and Catholick Religion c all those and these Considerations I say at least jointly taken made the opposers come to such an height of Insolencies and Injuries against the Subscribers that such as were otherwise willing to subscribe kept back their hands as having not withall resolution or resignation enough to expose themselves to all the obloquies and calumnies of those fiery both ignorant and malicious opposing Zelots And from the last of all the five viz. my LORD LIEUTENANT's departure some of these unreasonable men did as unreasonably derive joy and gladness But gaudium Hypocritae instar puncti as Job sayes LXXXI FOR two other much contrary and no less unexpected Accidents happen'd in July following the same Year 1664. which in some measure altered their Joy and humbled their Pride 1. A Proclamation issued on the xi of July the same Year 1664. against some of the Ringleaders of those factiously dissenting and opposing persons commanding them upon other Accounts to appear at the Council Table 2. And soon after some others of them were upon some other Information or Suspition seized upon in the County of Cavan brought Prisoners to Dublin and committed to the Marshalsea But for the greater satisfaction of curious Readers I give here at length that Proclamation By the LORD DEPUTY and COUNCIL A PROCLAMATION Requiring Denis Magee Anthony Doghertie and others to appear personally at the Council Board OSSORY WHEREAS Information hath been given unto Vs by divers Gentlemen and others of the Popish Religion That several pretended Chapters have been and are to be soon called in several parts of this Kingdom and Meetings appointed by Persons disaffected to His MAJESTIES Government and to the Publick peace and quiet who take opportunities from those Assemblies to diffuse and spread abroad amongst the people of that Religion Seditious Doctrines to the great dissatisfaction of all those who are Peaceably and Loyally inclined And particularly that one Denis Magee doth by colour of a late Commission derived from the Bishop of Rome call himself and now acts as Commissary Visitor of the Order of the Franciscans in this Kingdom and by such illegal Authority doth summon Assemblies to be held suddenly for pernicious ends contrary to the known Laws of the Land and to the Peace and Quiet of the People And that John O Hairt who goes under the title of the Prior Provincial of the Dominicans Anthony Doghertie under the title of Minister Provincial of the Franciscans Jeoffry Gibbon as Prior Provincial of the Augustinians Joseph Sall under the title of Guardian of the Franciscans in Cashel Anthony Darcy Fryer Andrew Sall under the title of Superior of the mission of the Iesuits in this Kingdom and others under colour also of Authority derived from the Bishop of Rome go in Circuits and visit the several Provinces to the great Trouble and grief of the Well-affected even of their own Religion which practises and proceedings of the said persons are Offences of a high nature and are an exercising of Forreign Iurisdiction within this Kingdom and do render the Offenders and their Orders Assistants Comforters Abettors Procurers Maintainers Fautors Concealers and Counsellers lyable to the Dangers Penalties Pains and Forfeitures ordained and provided by the Laws and Statutes of this Kingdom and may tend if not seasonably prevented to the seducing of His Majesties good Subjects and to the disturbance of that peace and tranquillity which by the blessing of God upon His Majesties gracious Government this Kingdom now enjoyes in the belief whereof We are further confirmed by the proceedings of certain Fryers who have been lately Apprehended and now remain Prisoners at Dublin namely Thomas Mackiernan John Brady Anthony Gowan and others the like obstinate Seducers of His Majesties Subjects And therefore as it was an Act of Loyalty to His Majesty in those persons of the Popish Religion to give Vs the said Information so it was an Act of Prudence in them for their own safety and preservation that they who are Loyal to His Majesty a Duty due from them and from all his Subjects by the Laws of God and Nature might not be involved in the guilts of others who fail in that Duty nor incur the punishments by the Laws of the Land justly due to such Offenders And whereas We are desirous in Our tenderness of all His Majesties Subjects of that Religion who are dutifully and peaceably minded that they may be preserved from that Contagion and those Dangers which by the Contrivances and Seducements of the said Denis Magee John O Hairt Anthony Doghertie Jeoffry Gibbon Joseph Sall Anthony Darcy Andrew Sall and others of turbulent spirits are endeavoured Therefore as a Caution to them and all others We judge it fit to give them this Publick forewarning that so they may avoid the Dangers which by the Laws of the Land they may otherwise incut and do hereby in His Majesties Name strictly Charge and Command all persons of what condition soever That they or any of them do not presume to assist abet countenance or conceal any of the said persons in those unlawful doings and that they or any of them do not appear or come together upon any Summons Citation or Notice whatsoever from the said Denis Magee John O Hairt Anthony Doghertie Jeoffry Gibbon Joseph Sall Anthony Darcy Andrew Sall or from any of them or from any other exercising Forreign Iurisdiction in this Kingdom derived from the See of Rome or make any Collections or Contributions in money or otherwise for them or any of them or obey or observe any Rules or Orders or Directions issued or to be issued by them or by any of them as they will answer the contrary at their perils And these are likewise in His Majesties Name strictly to Charge and Command the said Denis Magee John O Hairt Anthony Doghertie Jeoffry Gibbon Joseph Sall Anthony Darcy and Andrew Sall upon their Duty of Allegiance to His Majesty to forbear any further proceedings by virtue of the said Forreign Authority upon their utmost perils And also to appear personally before Vs the Lord Deputy or other chief Governor or Governors of this Kingdom for the time being and Council at or before the 27th day of this present July to answer such matters as are to be objected against them in His Majesties behalf and not to depart without Our special Licence And in case they or any of them shall fail to appear as aforesaid then all Officers Civil and Military and all persons whatsoever whom it may concern are hereby Authorized and Required after the said 27th day of this present July to make diligent search and inquiry for the said Denis Magee John O Hairt Anthony Doghertie Jeoffry Gibbon Joseph Sall Anthony Darcy and Andrew Sall and wheresoever they or any of them that shall not appear as aforesaid shall be found
Instrument I was more concernâ—d than any one person whatsoever of them all to hinder such a temerarious Resolution of Dissolving a Resolution occasioned indeed by that unlucky accident of the Primats challenging the Speakers Chair but after driven on so furiously and obstinately out of a far other design These reasons and consent of others wrought at last even the more Factions to some calm within the House while others of the more sober Party went forth to perswade the Primat And he suffering himself at last to be perswaded by reason returns fairly of himself and is content to leave the Chair to Kilfinuran a Declaration being first made by all that that Chair was no place nor seat of Dignity but of Ministry or Office only and that it was confessed the praeeminence of place belong'd of right to the Primat of Ardmagh before all the Clergy and Prelats of Ireland This unexpected tumult being so at last over and all things quiet the Gentlemen viz. Sir Nicholas Plunket Knight Sir Robert Talbot Barronet and John Walsh Esq who all three came from my Lord Lieutenant were introduced Being seated and having congratulated the Fathers so wonderful and happy a change under his Majesties Reign after those late and long dismal days of all kind of evil under Usurpers and even therefore a change questionless wrought by the powerful Arme of the High God alone since it gave them so much both liberty and security to sit there together in the Capital Citty of the Kingdom They Declared that they were sent from His Grace upon a special Errand to them but Commanded also by His Grace to read it to them out of Paper least peradventure some mistake should happen to be either of his words or sense delivered otherwise Which being in a few words declared by one of the said three Gentlemen viz. by Sir Nicholas Plunket I remember very well that presently after the third of them I mean John Walsh Esq who had informer times been as Sir Nicholas also was one of the Supream Council of the Roman-Catholick Confederates of Ireland stood up and read intelligibly twice over to the Congregation being all silent and very intent a paper containing exactly these following matters and words as the whole and only errand or message sent from His Grace at that time by those Gentlemen to the Fathers The Lord Lieutenants first Message to the Congregation THat it is too well known to divers persons in the present meeting of the Romish Clergy in this City of Dublin what attempts have been upon the Royal Authority in this Kingdom under colour of the pretended Authority Power and Jurisdiction of the Pope and how far those attempts prevailed in keeping many of the People from returning to their due obedience to the Crown and in withdrawing divers of those from it who were returned to it hath sufficiently appeared not only by the violation of the Peace granted them by His Majesties gracious Indulgence and Clemency but also of the Faith of the then Confederate Roman Catholicks by the instigation procurement and pretended Authority of Rinuccini the Popes Nuncio in the year 1646 and by the proceedings of the Titular Bishops at Jamestown in the year 1650. Secondly That divers of the Nobility and Gentry of Ireland and of the said Claergy in January and February 1661. calling to mind those attempts and the deplorable consequences thereof to the Crown and to themselves presented His Majesty with a Remonstrance and Protestation of their Loyalty to His Majesty and of their renunciation and detestation of any Doctrine or Power from whence such practises might be deduced To which Remonstrance and Protestation divers others of the Nobility and Gentry and most of the said Clergy Resident in this Kingdom have not yet subscribed although more then four years are effluxed since the same was first presented to His Maiesty Thirdly That the said Clergy whose example and incouragement the Laiety of their Profession may possibly expect have delayed their Subscriptions on pretence that they wanted the liberty of adviseing and consulting which they conceived necessary in a matter of so great importance which being now admitted to them with freedom and scourity It is expected that they should make use thereof for asserting and owning His Majesties Royal Authority to the satisfaction of all His Majesties good Subjects and to the particular advantage of the said Clergy themselves and those of their Religion and imploy the time that for that purpose will be allowed them which neither can nor need belong both in respect of the present conjuncture of Affairs and for that it may reasonably be presumed that in four years time the said Remonstrance and Protestation is sufficiently understood and may be speedily resolved upon By the Copy of this Message which I have out of the Secretaries Office delivered to me next day after by His Graces command or I mean by the Endorsement of that Copy it appears the said message was sent by advice also of these Lords of the Privy Council of Ireland the Lord Primat Lord Chancellor Lord Treasurer Earl of Arran Earl of Anglesey and Mr. Secretary Davis However the foresaid three Gentlemen having so delivered their message but left no Copy at all of the Paper and having also in a few words more from themselves particularly recommended to the Fathers that resolution upon and answer to the Lord Lieutenant's Message which might be in all points answerable to his Graces just expectation of their ready unanimous and chearful concurrence to that Remonstrance by their Manual Subscription thereof as of a truly Loyal Instrument or clear profession of true indispensable Allegiance to the King and well indeed might these very three Gentlemen exhort thereunto as having themselves had long before amongst others subscribed that very individual Formulary moreover having in the last place heartily wished likewise all other good Counsels prudent Resolutions and happy success to the Synod they took leave of the Synod they took leave and departed being conducted forth by some of the Prelats and other chief Men of the Congregation Those being departed and these returned and all seated as before the Procurator stood up and addressing himself first to the Chair-man then to the other Prelats and after to all the rest of the Fathers he made his first Speech to them principally indeed pursuing the Lord Lieutenantâ—s Message on the Subject or end of their Assembly but withal giveing as large and as full an account both of all his own actings in the quality of their Procurator for them the 6 years past i. e. ever since he had received in the year 1661. their Procuratorium to do so and as full also of the Original and procedure expediency and necessity conscienciousness and Catholickness of the Remonstrance and of the contrivance and disputes after nevertheless against it and subscribers of it as the weight and multiplicity of such matters required and as an hour or an hour and half would
Of their own Kings being of an other Communion and of their own not being maintained by His Majesty and by his Laws in either jurisdiction or Possession of any benefices c They ought the rather give his Majesty and all his Protestant People that satisfaction was justly demanded of them for clearing their Religion from the scandal of such unwarrantable Positions by signing the contrary of those which not disowned by them must consequently and even justly too keep them perpetually under those Laws and penalties whereof they complained and that it mattered not a Pin for the truth of those Three Sorbon Declarations applyed c or the justice and lawfulness of signing them so applyed whether our Gracious Kingâ—s Religion were Orthodox or not because they concern'd not all either his Religion or Communion as every one might see by reading them but abstracted wholly from both and certainly as much at least every one of them as any of the three first which they had already subscribed or were preparing to subscribe nay that the two last of all viz. the Fifth and sixth had no kind of relation to the King of England or Clergy of Ireland more then to the French or Spanish Kings and their National Churches That what other reasons or arguments I made use of then to confute those evasions or other allegations whatsoever of the aforesaid both Chairman and Father Nettervil and to perswade the rest of the Congregation you may see at large in the French Treatise which of purpose answers their Paper of Reasons whereof presently That to do all the right I can to the other two of the last Committee sent me during my short recess from the Congregation those I mean who together with the aforesaid Father Nicholas Nettervil in behalf of the Congregation offered me That they i. e. the same whole Congregation would sign all the Six Sorbon Propositions I must declare that Father John Talbot though a Jesuit being one of those two and Doctor Angel Golding the other of them seconded me on the Point and in my own hearing and presence both earnestly and vehemently pressed the Fathers to make good what they had promised i. e. to sign unanimously the Six Sorbon Declarations applyed though what the said two Members did or how they carried themselves in my absence I do not know certainly but suppose the best of them That notwithstanding all the reasons which were given by me or them or any other if indeed any other spoke to that purpose of signing those Three last Declarations for I remember not that any other did at least concernedly or to purpose while I stay'd in the House that day I was no sooner withdrawn as my custome was every day to withdraw for a time of purpose to leave the Fathers at the more liberty to conclude after I had spoken all I thought fit then the Factious Multitude without any further reasoning but with their own blind passions and privat interests i. e. expectations of preferment from the Court of Rome hurried on by the above either notable French Agents or at least not very Loyal Subjects the Chairman and Nettervil to whom you may well adde the Bishop of Ardagh bear down immediately the other side and vote no Subscription at all of those three last Sorbon Declarations That nevertheless at the same time they order a Committee to draw up their Reasons or Motives i. e. the most specious pretences they thought might be fixed upon for excusing their not Subscribing those Three last to be together with a new Petition from them presented to His Grace the Lord Lieutenant That the remainder of this 18th day of the Monteh yea and the whole nineteenth following was chiefly imployed in drawing and agreeiog on the said Reasons or Motives and a new Petition to be annexed That all being at last agreed upon and assented to by the Congregation Father John Burk Vicar General Apostolick of Cashel and Father Cornelius Fogorty Doctor Vtriusque Juris as he Subscribes himself were deputed to present the said paper of Reasons and Petition to the Lord Lieutenant but without so much as any one hand at all Subscribed to either that Paper or this Petition That these two Fathers hoping as it would seem to have the better success in their Negotiation i. e. to impose on the Lord Lieutenant His Grace the Duke of Ormond if they could have access to His Grace without the Procurators introduction of them or knowledge of their going For the Procurator understanding what the Congregation voted in his absence on the 18th day in the evening came not at them any more that or next day or even until the 21. or if he did thought not fit to stay long or concern himself to know what besides they had resolved upon and Cornelius Fogorty building also his hopes partly upon the honour he had himself formerly at Paris had of some little acquaintance there with the then Marquess of Ormond as also upon his fellow Deputy Messenger John Burks being Chaplain as he pretended to the Right Honourable and truly vertuous Lady Thurles so nearly related to His Grace that I say these two Fathers who upon such hopes thrust themselves rather then they were out of any choice put on this employment as it appeared after not at all speaking nor acquainting the Procurator with their Message or intention got some other person to go along with them to His Grace not in the Kings Castle but then diverting himself with some Noblemen in the Bouling-green near the place where the Congregation sate and on the 20th of June but tenth day of that Assembly present His Grace with the said Petition and other annexed Paper of their Reasons why c. Both which exactly copied follow here The Congregations Second Petition or that on June 20. 1666 presented by John Burk and Cornelius Fogerty To His Grace the Lord Duke of ORMOD LORD LIEUTENANT of Ireland The humble Petition of the Roman Catholick Clergy of Ireland SHeweth That your Petitioners have of late Subscribed and presented to your Grace a Remonstrance manifesting the obligations of duty and Loyalty which your Petitioners do and ever shall owe unto their Soveraign Lord the King and withal subscribed Three Propositions which they humbly conceived did conduce unto a further setting forth of the Principles of their Loyaltie thereby endeavouring to give your Grace all possible satisfaction and as touching the Three Propositions sent unto them for to be Subscribed they now return the annexed of the Motives why they did not sign them from your Graces further satisfaction hoping it may meet the success they wish for It is therefore the most humble Request of your Petitioners That your Grace will be favourably pleased to dismiss them and the rather because most of them have not wherewithal to defray so long and chargeable Attendance in this City And your Petitioners shall Pray The Paper of Reasons why c. presented at the same time by
Princes and Interests Kilfinuragh conscious to himself how highly he had deserved this reproof returns not a word in answer but very much dejected quits his Chair and coming towards me only says that he was content to leave it since I would have it so I who never thought of any such matter or to presume to bid him leave his Place answered That because he had already done his worst even all the mischief he could have design'd by sitting in that Chair he should for my part sit therein as he pleased or the Fathers continued their present Congregation And that I had no other end in expostulating with his Lordship so plainly and publickly too than that I might in such matters both discharge my own Conscience to God and man and have as many witnesses also of such performance of my duty as there were Members present in this National Assembly Which contest between the Chairman and me being over not to mention here what more besides I told and freely then did speak to all the Fathers in general a clean copy was produced again of the Three first Sorbon Declarations applyed c to be signed and accordingly was then sign'd even as I my self did then also think by every individual Member of the Congregation in order to be presented to His Grace the Lord Lieutenant because the former Copy presented to Him together with their Remonstrance had been sign'd only by three of their hands viz the Primat's Chairman's and Secretaries and because that even His Grace had in his last message to them taken notice how all the same hands which had subscribed their Parchment Roll of Recognition were not put unto their Paper of three Propositions c delivered at the same time And this was all wherein this National Irish Council would comply with His Grace And yet in this very matter how unconsiderable soever they all would not nor did comply For on a later and better scrutiny that is by comparing more exactly all the hands or names subscribed to their parchment Roll of Recognition with all those subscribed to this other Instrument of Three Propositions I find nine of the former number wanting in this viz 1. Andrew Bishop of Kilfinuragh the Chairman 2. John O Hart Provincial of the Dominicans 3. Andrew Sall the Provincial or Superiour of all the Jesuits in Ireland 4. Nicholas Nettervil the Jesuit Doctor of Divinity 5. Bernardinus Barry the Franciscan Reader Jubilat of Divinity 6. John Brady of the same Order and Professor too of Divinity he that formerly was Agent in procuring the Censure of the Louain Faculty Theological against the first Remonstrance or that of the year 1661. 7. Christopher Dillon the Augustinian Professor Jubilat of Divinity 8. John Welden Cappuccin 9. James Dowdal Cappuccin 'T is true that the first of these Nine viz. Kilfinuragh was one of the three that signd the former Copy of the three first Sorbon Propositions delivered together with the Parchment Roll to His Grace the Lord Lieutenant But so was the Primat and so also was the Secretary and yet those two are found subscribed to this second Paper of the same Propositions Now whether out of change of judgment or design Kilfinuragh subscribed not the same Second Paper as well as they I know not However supposing the best of him yet we find without any peradventure the other eight not complying so much as in this inconsiderable particular Amongst which eight or nine as you please I must singularly taken otice how Father Nicholas Nettervil the Jesuit Doctor of Divinity is one yea notwithstanding that he himself as I have said before was the very first who as the mouth of the Committee sent to perswade me offered even to my self That the whole Congregation would sign all the Six Declarations yea also notwithstanding that after his return from France and Flanders whether the Congregation being dissolved he went in the year 1667 to Ireland even himself told me that he had been persecuted and mortified by his own Order viz. the Jesuits in France and even to the loss or deprivation of his Divinity Chair at Amiens where he had taught in the Colledge of the Society punished for having concurred with the Congregation at Dublin to the signature of those Declarations of Sorbon although more singularly for having approved in that Assembly the Sixth Declarations which Sixth is only against the Popes Infallibility and that he was forced after to go to Brussels of purpose to satisfie in these matters the then Internuncio now Cardinal Rospigliosi But as you have seen already he deserved rather to be rewarded by the Roman Court for having jugled so as he did nay contrary to his own offer and promise fallen off presently and both opposed stifly the signing of the Three last and not concurred at all with those who signed the Three former albeit I must confess I my self thought otherwise a long time of him for what concerns these Three But on a more exact scrutiny and review of the names subscribed I found at last my own errour in that Which I have thought fit to remark here singularly because I would ingenuously confess my own mistake elsewhere in this Book Tract 3. pag. 29. where I relate this Gentlemans Subscription to the aforesaid Three former Propositions of Sorbon because when I writ and Printed that Third Treatise for I did both write and Print it before this First Treatise yet in hand I never once suspected at all but those who had signed the Parchment Roll of Recognition did also the other Paper of the Three First Sorbon Propositions and I had both seen and read his name to that Parchment Roll as you also your self may see in the Printed Copy thereof which you have already page But in this other now following though an exact Copy of the very Original Paper of those Three former Propositions which was on the 22 day of June generally signed by the Congregation and consequently of all the hands or names subscribed thereunto I am sure you will not find any Father Nicolas Nettervil The Paper of the Three first of the Six Declarations of Sorbon as applyed c. which was and as it was generally by the Congregation i. e. by all those hands indeed wherewith it was subscribed on the 22 of June 1663. Certain Propositions of the Roman Catholick Clergy of Ireland being the same of the Faculty of Sorbon and other Universities and received by most Parliaments of France in the year 1663. I. WE the undernamed do hereby declare That it is not our Doctrine that the Pope hath any Authority in Temporal affairs over our Soveraign Lord King Charles the Second yea we promise that we shall still oppose them who shall assert any Power either direct or indirect over Him in Civil or Temporal Affairs II. That it is our Doctrine That our gracious King Charles the Second is so Absolute and independent that he doth not acknowledge nor hath in Civil and
Temporal affairs any Power above Him under God and that to be our constant Doctrine from which we shall never recede III. That it is our Doctrine That we Subjects owe so natural and just obedience unto our King that no Power under any pretext soever can either dispence with or free us of the same Edmund Archbishop of Ardmagh Primat of all Ireland Patrick Bishop of Ardagh James Dempsy Vicar General Apostolick of Dublin Dominick Roch Dean and Vicar General of Corck Denis Harty Vicarius Apostolicus Laonensis Oliver Desse Vicar General of Meath John Burk Vicar General of Cashel Patricius Daly Vicarius Generalis of Ardmagh and Procurator Rapotensis Robert Power Dean of Waterford and Vicar General of Waterford and Lismore John Hannin Substitute of Imly James Phelan Doctor of Divinity Parson of Callan Dean of Ossory Protonotary Apostolical Connor Fogorty Proctor of Ardfert and Achdeo Teig O Brien Dean of Lismore and Parson of Dungarvan Angel Goulding Doctor of Divinity Thomas Higgin Chanter and Vicar General of Elphin Edmund Teig Vicar General of Cloanmacnoise Thady Brohy Divine Thomas Lacy Substitute of Limmerick George Plunket Divine Ronan Magin Vicar General of Dromore James Killine Vicar General of Killmaduogh Daniel Kelly Vicar General of Cluonfert Thomas Fitz Symons Divine for the Province of Vlster Patrick O Mulderig Vicarius Generalis Dun. Connor Constantine Duffy Vicar General of Clogher John Nolan Divine Charles Horan Divine of the Dioces of Elphin in the Province of Connaught Father Francis Fitz Gerrald Lector of Divinity and Procurator of the Vicar General of Cluon John Deoran Proctor for Father Charles Nolan Vicar General of Laghlin Owen O Coigly Edmund Deoran Terence Fitz-Patrick Vicar General of Ossorie Dorby Doyle Batchelor of Divinity Nicolas Redmond Vicar General of Fernes Fr Peter Walsh Reader of Divinity of St. Francis 's Order Procurator of the Catholick Clergy John Talbot of the Society of Jesus Fr Antony Docharty Minister Provincial Fr Thomas Dillon Vicar Provincial of the Discalceat Carmelits F. Henry Burgate Divine of the Order of Preachers Fr Matthew Nangle Carmelit Discalceat Fr Stephen Lynch Provincial of the Order of St. Augustin Fr Dominick Martin of the Order of S. Augustin Lector of Moral Divinity Definitor and Prior of Dublin F. Christopher Bath Divine for the Order of S. Dominick Fr John Warren Discalceat Carmelit Nicolas Redmond Secretary Amongst which names although you find John Talbot of the Society of Jesus and Angel Golding Doctor of Divinity the two joyn'd in the same Committee with Father Nettervil sent by the Congregation to offer me their Subscription of all the Six Declarations of Sorbon as applyed c yet you see neither Nicholas Nettervil himself nor his Provincial Superiour of Ireland Andrew Sall nor indeed any of all the nine before named or noted by me not to have signed these or any other Paper containing the said Propositions only Kilfinuragh excepted who sign'd the former containing them although not this However on the 23 of June which was next day following at night I as desired by the Congregation waited on the Bishop of Ardagh and John Burk Vicar General Apostolick of Cashil to the Kings Castle Where after His Grace had receiv'd them in the usual manner privately in his Closet the Bishop both presented His Grace with the Original of the above Paper Subscribed by so many Hands as you see and endeavoured to say somewhat though indeed he said nothing to purpose in excuse of the Congregation's not subscribing the other three or the Fourth Fifth and Sixth of those Declarations of Sorbon as applyed withal entreating That His Grace would be pleased to represent those two publick Instruments of the Congregation to His Majesty Which was in effect all this Bishop and his fellow Commissioner John Burk at or by this last Address from the Congregation either said to or desired of His Grace save only That John Burk as confidently and briskly as if he had himself in a high measure deserved to be singularly looked upon added That now all was done and being to return to the good Lady Thurles the Duke of Ormond Lord Lieutenants Mother to whom he had the honour to be Chaplain he was ready to receive His Graces Commands to her and prayed he might have even that additional honour too His Grace answered in a very few words first as to their joynt desire in behalf of the Congregation That he would represent to His Majesty both themselves and their Instruments as they deserved and then to Father Burk in particular That says he if you be my Mothers Chaplain I must provide for her a fitter and better Chaplain than you This was all he answered for I was present all the while and so dismist them immediately Which if they had not been very stupid or dull might at least considering his three former messages to their Congregation have been sufficient arguments to them of His Grace's being throughly unsatisfied with their Instruments and both themselves and Congregation from which they were sent to Him XIX I had almost utterly forgot the account I intended to give of an expostulary Application or address made a day or two before this to the Congregation by such of the Ecclesiastical Subscribers of the former and famed Remonstrance of the year 1661 as were then at Dublin and were not Members of this National Congregation For I have observed before that besides my self there were only Three of the former Remonstrants or Subscribers of that Formulary of 1661 who sate in this Synod Yet forasmuch as all the rest were much concerned several of them came partly from near and partly too from remote parts of the Kingdom not only in Leinster but even from Mounster Connaught and Vlster besides those lived constantly in Dublin it self to see the issue of this National meeting These concerned Fathers amongst whom several even of the very best and most learned Churchmen of Ireland were understanding every day well enough especially from the Procurator what the debates consultations results were and consequently how the Congregation not only declined wholly the former Remonstrance but even refused so much as to suffer it to be debated by a Colledge of their own Divines though otherwise Members and even Antiremonstrant Members sitting and Voting in the House and fearing the issue of such unreasonable and unjust proceedings would prove at last very fatal to the Clergy and Catholicks of Ireland in general thought fit on this occasion to discharge once more in the best way they could their own duty to the Publick by an Expostulatory Letter from them and signed by them all to the Congregation but directed only to the Chairman the Bishop of Kilfinuragh yet to be read by Him publickly to all the Assembly What date it bore I have not in my Copy nor can remember though I remember very well it was delivered and read publickly in the House a little before the House Dissolved as I remember also
shall answer God and such truth also as leaves him nothing to reply nor any thing at all to justifie this although conditional yet no less injurious than suspicious reflection if intended so by him or construed so by any other For although I had the honour of some little personal acquaintance in my youth with that most illustrious and most Reverend Person Iansenius himself at Lovain about some 29 years past when he was first assumed from being a Doctor of that Vniversity to the Bishoprick of Ipres being as yet but Elect onely in which quality he was pleased to honour my Philosophical publick disputes there with his presence in St. Anthony of Padua's Colledge having to that end first presented his Lordship with my Theses and Dedication to himself and although I had been soon after studying my Divinitie in the same Colledge throughly acquainted with those opinions now called Iansenisme De gratia Sufficiente et efficaâ—i c however this was by accident onely and in the writings onely too of that same Colledge and in the School dictates as they are called of that other very Reverend and learned man Father John Barnewel a little before publick professor of Divinity there and a while after Provincial of the Franciscans in Ireland Uncle to the present Lord of Trimle-stown which he defended publickly and in print though not ad mentem Scoti but Sti. Augustini and in that very Colledge some years before Iansenius was ever known or thought to write of that Subject and which also the same Father Barnewell did by the advice of that other most Reverend and learned Father of the same Order the founder of thâ— Colledge by his mediation with the Spanish Court that great Augustinianâ— Florentius Conrius he that writt de Statu parvulorum then titulary Arch-Bishop of Tuam in Ireland living in that Colledge the greatest Augustinian of the age and by whom Iansenius was indoctrinated first in those principles as they say and although moreover just when I had ended my course of Divinity in that School I was one of the very first though by meer accident onely too that ever saw and read that worke so famous now called Augustinus Iansenij for I read it in albis before it was bound and as it came from the Lovain-press about the year as I take it 1640. and although further I was curious enough to understand all the intrigues of those opinions both then and after they came soon after to publick debate in Rome and as often too ever since as I heard the great contest for or against them under the three Popes Vrban Innocent and Alexander and as farr or as much as I could heare of at so great distance or know the said contests yet I declare conscientiously before God and man 1. That I was never from the first day to this present any further concerned for Iansenius or all or any of his or the said opinions or against him or them either for the Anti-Iansenians than every or any other the most indifferent Roman Catholick in the world should be or was Nor any further at all than to know what was or might be said on both sides without any further inward prejudices of or to either than what I did or should understand the Catholick Church did or would entertain 2. That nevertheless I have always been for my own private interiour sentitiments inclined more to follow the way of sufficient grace even before any determination of Vrban Innocent or Alexander though without condemning in my own private judgement the contrary 3. That for external conformity or submission I have been alwayes resolved and am at this present as I should be in such perplexed abstruse controversies where there is no evidence on either side to acquiese in the determination of the great Pontiff unless peradventure and until a general Council truely such declare the contrary to whose determination as in all other matters of Catholick faith being bound to submit both inwardly and outwardly so in this I must and ought and will by the grace of God if ever any such Council happen to be held in our days 4. That for those Iansenists who have submitted externally to the determinations of those three great Pontiffs for what concerns the point of doctrine and are further absolutely resolved to submit both externally and internally in such and all other points or matters of Faith to the final definitions of a general Council truely such and for ought I understand all those are called Iansenists have submitted so and are so resolved I hold not them to be Hereticks at all whether those opinions attributed to Iansenius or them be Heresies or no that is onely material Heresies or no according to the phrase of the School Because to be a Heretick inwardly inward pertinacie in the judgement or will against the known faith of the Catholick Church is required and obstinacy against the sole determination of the Pope not knowing it to be withal the Church's is not sufficient as to be outwardly such outward pertinacy in words or demeanour 5. That although or if these Iansenists have been already condemned of Heresie by three Popes that is if those opinions of theirs be condemned or declared by so many Popes to be Heresies which yet implyes no declaration of the Iansenists to be or against them as Hereticks no more than did St. Cyprians doctrine of rebaptisation though declared an Heresie in it self conclude him to be an Heretick yet consequently to the Catholick doctrine of the fallibility of Popes in all kind of matters even in those of Divine belief and even those too properly and purely such we are not upon that sole account of being condemned or declared so by these Popes alone or together with their Congregation of Divines or Prelates at Rome or any other of that particular City or Diocess obliged either inwardly or outwardly to beleive them therefore infallibly such that is infallibly to beleive those opinions to be Herâ—â—es in themselves materially nor upon any other account also for what relates to extrinsecal authority besides holy Scripture evident in the points at least evident according the general and unanimous interpretation of holy Fathers but that of knowing them to be reputed and beleeved infallibly such by the Catholick or universal Church or declared such by a general Council its lawful supream Representative Which notwithstanding warrants not those Iansenists not any other to oppose or contradict those declarations of those three Popes at least in the point of doctrine and in the senâ—e the declarations were made until a general Council be convened but leaves them for their infallible directour in point of a Divine belief to another cruely certain and infallible rule indeed the declaration or consent of the Catholick Church however that be certainly and infallibly known by a general Council or otherwise 6. And lastly That I never had nor have this day nor will hereafter with Gods grace any other
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
â—â—â—â—ives with them therein As to those distrusts and jealousies of the People occasioned as you say for want of success in services the sense of their Sufferings and their apprehensions for want of redress of their Grievances we answer That both the want of Success and the sense of their Sufferings whether from the Enemy or the Souldier cannot so reasonably be attributed to any humane cause as to the want of Garrisoning the Army in principal Towns and Cities Wherein We cannot yet are vail nor ever could till by the Enemies lying at one 〈◊〉 of a Town We were not without articling and conditioning permitted to put such men as We could the get in at the other end For for want of Garrisoning the Army and by being forced to quarter it at large it was not possible to have them exercised their Arms kept in order nor they under necessary Discipline Which when they were to be brought together rendred them worse than so many new raised men by how much they had contracted a licentious liberty and habit of rapine and disobedience Nor could We prevent the fraud in Musters or reasonably exact a strict accompt from Officers of men so scattered who when they should be employed upon service were forced or pretending a necessity wherein We could not disprove them to range the Countrey to get in the means that should enable them to serve As to their apprehension for want of redress to their Grievances We understand not what Grievances are thereby meant unless those delivered unto Us by the Archbishop of Tuam on the first of April For other Grievances though We long expected and desired them We never saw save a Paper given to Us on the 13th of March at Lymerick which for the forgery false calumny and other misbecoming passages contained in it was as such disavowed by the Clergy then met And to those given us on the first of April we return herewith such Answers as considering the generality of them is possible for Us to give We have already with the advice of the Commissioners and as we believe with the approbation of such of the Bishops as were present appointed the Earl of Castlehaven to command the Forces in Leinster And in Munster with like advice and approbation We have employed Colonel David Roch to command for a necessary Expedition besides there alwayes is upon the place one general Officer that will readily receive and employ any that shall be prevailed with to take Arms as is promised And in case We find fitting obedience and reception from the City of Lymerick We shall in person be ready to receive and conduct such Forces in the said Province In Vlster We have in pursuance to the Agreement made with that Province given Commission to the Bishop of Clogher and in Connaught the Lord Marquess of Clanricard commands the Army We know no use to which any money raised upon the People hath been employed but to the maintenance of the Forces if you do We shall desire to be therein informed to the end that any past misapplication thereof may be examined and punished and the like prevented in future To conclude We seriously recommend to your consideration the wayes of procuring such obedience to His Majesty and His Authority in the general and particularly from the City of Lymerick as may enable and encourage Us with honour and hope of success according to Our desire to use Our utmost industry and encounter all hazards for the defence of this Kingdom and Nation against the Tyranny that will certainly be exercised upon them and the unsupportable slavery they will be subject unto if the Rebels prevail And so We bid you heartily farewell from Loghreogh May 1. 1650. Your very loving Friend ORMOND Since the writing hereof We have received a Message by a Committee and delivered by our very good Lord the Lord Viscount Taaffe whereunto We cannot return unto you other Answer than what is contained in this Letter till we shall receive your resolution thereupon which We desire may be with expedition For the Archbishops Nobility Bishops the Commissioners authorized by Vs in pursuance of the Articles of Peace and others assembled at Loghreogh These May it please Your Excellency WE find by Your Lordships Letters of the first of this instant in answer to ours of the last of April that Your Excellency conceives we did endeavour by applying the expression of the word misunderstanding to the deportment of the City of Lymerick to excuse them which no way was our intention Although we may not deny but in so distracted a condition as the Kingdom is at present we would be glad to avoid exasperating a City so considerable and of that importance for carrying on of His Majesties service as is Lymerick and to interpose our selves to conserve so useful a place in Your Excellencies good opinion whiles there were hope left us that they might be brought to a clear apprehension of the danger hanging over them and a due sense of the benefit they are to expect from the offers made unto them as well towards their own preservation as the advancement of His Majesties service Neither can any man more feelingly than we resent their personal disrespects towards Your Excellency whil'st You were lastly in that City whereof we have in our Letters now ready to be sent by a Committee employed by us to that Corporation taken notice and do hope they will by their deportment hereafter merit to have it understood that it proceeded from ignorance rather than malice And concerning the garrisoning that City such of the Clergy as have here met of late and the Commissioners of Trust have written very effectually to them and employed two of the said Commissioners thither to sollicite their compliance to Your Excellency and to represent unto them the danger and prejudice that would ensue their refractoriness And though it hath not taken that effect with them which was expected yet we humbly offer unto Your Excellency That a second Essay is to be made and Your Excellencies further positive Commands sent thither for the garrisoning of that place as shall be judged necessary to be seconded by our Letters and some of the Clergy and Commissioners to be sent thither Whereunto if they will not listen we will as much as in us lies in our respective degrees and qualities and according to our respective powers so far as shall be thought fit and necessary upon consideration had of what hath been proposed hitherto and past between Your Excellency the Commissioners of Trust and them concerning the garrisoning of the said City co-operate to reclaim them and bring them to a perfect obedience humbly desiring That what resolutions soever shall be taken by that City yet that Your Excellency would be pleased not to impute it to any disaffection in us or want of zeal in this Nation to advance His Majesties service And in regard the transacting of this business may take up some time it
is humbly desired That Your Excellency will be pleased to apply Your immediate care to the forwarding of the service and setling of affairs in the other parts of the Kingdom answerable to the present danger and condition wherein it is that there may be some visible opposition to the growing power of the Enemy Thus humbly taking leave we remain Loghreogh May 2. 1650. Your EXCELLENCIES Most humble Servants Tho Gashell Jo Archiep. Tuamen Dillon Mountgarret Netervill Muskery Fr Hugo Duacensis Fr Anto. Clonmaâ—â—osensis Episcopus Athunry Ro Corcagensis Cluanen Upper Ossory Lucas Dillon Nich Plunâ—â—â— R Everard Ter O Neill Geffry Browne Gerald Fennel R Bellings For his Excellency the Lord Marquess of Ormond Lord Lieutenant General of Ireland These The substance of all which on their part as also the results of the consultations of that Assembly you see were deep professions of Loyalty to His Majesty Respect to Us and a resolution to endeavour Our satisfaction in what We desired To which effect the Archbishop of Tuam and Sir Lucas Dillon were employed to Lymerick with pressing Letters to persuade that Corporation to receive a Garrison and obey Our Orders By these reiterated professions We were induced to alter Our purpose of quitting the Kingdom and to dismiss a Frigat which to Our great charge We had bought and fitted for Our Transportation The Archbishop and Sir Lucas Dillon soon after returned from Lymerick with an imperfect kind of return to their Negotiation yet such as gave Us hopes that Lymerick would be brought to more reason upon further endeavours and our nearer residence Wherein We laboured with all Our industry but in vain till about the 12th of June last when We thought by a Letter and Message We received from the Mayor that we should be permitted to put a Garrison into that City as by the Copy of his Letter and Our Answer appears May it please your Excellency THE City-Council have given me in Command to signifie and humbly to offer unto Your Excellency That it was expected by them that You would being so near this City yesterday bestow a visit upon it the which is no way doubted had been done by Your Excellency if Your greater Affairs did not hinder You from the same and yet do expect when those are over Your Excellency will be pleased to step hither to settle the Garrison here the which without Your presence cannot be as is humbly conâ—eived so well done or with that expedition as our necessity requires the particulars whereof we refer to Alderman Peirs Creagh and Alderman John Bourke their relation to whom we desire Credence may be given by Your Excellency and humbly to believe that I will never fail to be Your EXCELLENCIES Most humble Servant Jo Creagh Mayor Lymerick Lymerick 12 Junii 1650. For His Excellency the Lord Lieutenant General and General Governour of Ireland AFter Our hearty Commendations We have received your Letters of this dayes date by the conveyance of Alderman Peirs Creagh and heard what Alderman John Bourke and he had to say as from that Corporation In Answer whereunto We imparted some particulars unto them wherein We expect satisfaction Which if you send Us to the Rendezvous to morrow where We intend to be We shall visit that City and employ Our uttermost endeavours in setling the Garrison necessarily desired thither both for the defence and satisfaction of that City And so We bid you heartily farewell from Clare the 12th of June 1650. Your very loving Friend ORMOND To Our very loving Friend the Mayor of the City of Limerick These THE PARTICULARS I. To be received in like manner and with such respect as LORD LIEUTENANTS heretofore alwayes have been II. To have the Command of the Guards the giving of the Word and Orders in the City III. That there be Quarter provided within the City for such Guards of Horse and Foot as I carry in who are to be part of the Garrison whereof a List shall be given at the Rendezvous When upon this invitation We came near to the Gates the Aldermen employed to invite Us thither were sent out to Us to let Us know of a Tumult raised in the City by a Fryer one Father Woolfe and some others against Our coming in and a dissuasion of Our coming till that Tumult should be quieted Hereupon in hope to have brought the Corporation to a sense and performance of their duty We writ the following Letter to the Mayor viz. AFter Our hearty Commendations According to Our promise in Our Letter of the 12th of this Month from Clare We came yesterday to the Rendezvous with intent to have gone into that City for the purpose desired by you in your Letter of the same dayes date But upon Our coming to the place We received a message from you by Alderman Peirs Creagh and Alderman John Bourke importing That you consented to all We had formerly proposed to you except the admittance of Our Guards Thereupon We returned the said Messengers with answer That We intended not the drawing in of Our Guards out of any mistrust We had of the Loyalty of the Magistrates of that City to His Majesty or of their Affection to Us but for the Dignity of the place We hold and to prevent any popular Tumult that might be raised by desperate uninterested persons against Us or the Civil Government of that City whereunto We had cause to fear some loose People might by false and frivolous suggestions be too easily instigated And to take away all possibility of suspition from the most jealous that We could have any other end to the prejudice of that City the Guards We proposed were but One hundred Foot and Fifty Horse and those to consist entirely of those of your own Religion and such as by having been constantly of your Confederacy are interested in all the benefits of the Articles of Peace To this We received no positive Reply but in an uncertain manner were told by the said Aldermen of some uproar raised by a Fryer in opposition to the desires and intentions of the Mayor and principal Citizens touching Our coming thither Whereupon We thought not fit to subject His Majesties authority placed in Us to a possibility of being affronted by a wild rabble of mean People but rather to expect the issue of more setled Councils Wherein We hope will be taken into consideration not only by what power you were first made a Corporation and by whose protection you have since flourished but also what solid foundation of safety other than by receiving the defence We offer is or can be discovered to you by the present disturbers of your quiet To conclude We expect your present answer That in case We be encouraged to proceed in the wayes VVe have laid down of serving the King and preserving that City from the Tyranny of the Rebels VVe may immediately apply Our Self thereunto or failing in Our desires therein We may apply Our Self and the Forces We have
all that should feed help or adhere to Us are set down in their Declaration * See before page 65. in the former Appendix of Instruments where you have this Declaration at length both Preamble and Fifteen Articles thereof entirely and consequently without interposition of any other matter After which also you have there pag. 70. the Excommunication before mentioned of the 12th of August intituled A Declaration of the Archbishops Bishops and other Prelates and Dignitaries of the Regular and Secular Clergy of the Kingdom of Ireland against the continuance of His Majesties authority in the Marquess of Ormond Lord Lieutenant of Ireland for the misgovernment of the Subject and the ill conduct of His Majesties Army and the violation of the Articles of Peace at Jamestown in the Convent of the Friers Minors the 12th of August 1650. That in this Title they assume unto themselves a power to declare against the continuance of His Majesties authority where he hath placed it needs no further proof than the reading of it But whence they derive their pretence to this power We find not any where expressed nor by whom they are constituted Judges of the misgovernment of the People the ill conduct of His Majesties Army or of the violation of the Articles of Peace For the misgovernment of the People and ill conduct of His Majesties Army We acknowledge no earthly competent Judge of Us but His Majesty and the established Laws And for the violation of the Articles of Peace by the consent even of all those Bishops unless there be gotten amongst them some that opposed the Peace and joined with those that assisted the English Rebels as long as they could give them hire the trust of looking to the observance of the Articles of Peace was reposed by the General Assembly with whom the Peace was concluded in Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Dr. Gerald Fennel Esquires as appears by the said Articles Whereby we suppose it is clear That as the Bishops have arrogated to themselves an unwarranted power to declare against the continuance of His Majesties authority where he hath placed it and to be Our Judges in the government of the People and conduct of the Army wherein VVe doubt whether their skill be answerable to their desire to try it so have they as unwarrantably taken upon them to judge what is or is not a violation of the Articles of Peace and in all they have endeavoured to invade and usurp both upon King and People bereaving the one of Royalty and the other of Freedom Now supposing they were the Monarchs they would be let the grounds of their Excommunication set forth in all that VVe have seen be duly examined and it will be found that their sentence is most unjust So that as their Tribunal is usurped their Judgment is erroneous VVe begin with the Preamble of the Declaration in these words Preamble of the Declaration THE Catholick People of Ireland in the year 1641. forced to take up Arms for the defence of Holy Religion their Lives and Liberties the Parliament of England having taken a resolution to extinguish the Catholick Faith and pluck up the Nation root and branch a powerful Army being prepared and designed to execute their black rage and cruel intention made a Peace and published the same 17th Jan. 1648 with James Lord Marquess of Ormond Commissioner to that effect from His Majesty or from His Royal Queen and Son Prince of Wales now Charles the Second thereby manifesting their Loyal thoughts to Royal Authority This Peace or Pacification being consented to by the Confederate Catholicks when His Majesty was in restraint and neither He or His Queen or the Prince of Wales in condition to send any supplies or relief to them when also the said Confederate Catholicks could have agreed with the Parliament of England upon as good or better conditions for Religion and the Lives Liberties and Estates of the People than were by the above Pacification obtained and thereby free themselves from the danger of any Invasion or War to be made upon them by the power of England where notwithstanding the Pacification with His Majesty they were to dispute and fight with their and His Enemies in the Three Kingdoms Let the world â—udge if this be not an undeniable argument of Loyalty The Peace being so concluded the Catholick Confederates came sincerely and chearfully under His Majesties authority in the person of the said Marquess of Ormond Lord Lieutenant of Ireland plentifully providing vast Sums of monies well nigh half a Million of English pounds besides several Magazines of Corn with a fair Train of Artillery great quantity of Powder Match Ammunition with other materials for War After His Excellency the Lord Lieutenant frustrating the expectation the Nation had of his Fidelity Gallantry and Ability became the Author of almost losing the whole Kingdom to God King and Nation Which he began by violating the Peace in many parts thereof as may be clearly evidenced and made good to the world ANSWER Concerning their motives of taking up Arms in the year 1641 We shall say nothing But since they begin so high with their Narrative as the year 1641 it will not be amiss to mind them That betwixt that and the year 1648 there was by Authority from His Majesty and Our Ministration several Cessations and at length a Peace concluded with the Confederate Roman-Catholicks in the year 1646 which Peace was shamefully and perfidiously violated by the instigation and contrivement of most part of these Archbishops Bishops Prelates and others of the Secular and Regular Clergy and that not in slight and strained particulars such as We are now charged with by them but by coming with Two powerful Armies before the City of Dublin upon no provocation from Us unless they esteemed the continuance of a Cessation for about Three years with them and the bringing them a Peace to their own doors such a provocation as deserved their bending their united power against Us leaving other parts that neither had nor would have Peace or Cessation with them unmolested and at liberty to waste their quarters whil'st they devoured Ours and sought Our ruine This as a particular blotting their name and memory with the everlasting infamy of Perfidy Ingratitude and undeniable Disloyalty they have reason to leap over in their Preamble least they should awaken the Curses of those multitudes of People who being seduced into so horrid a violation of Publick Faith by their impious allurements and hellish Excommunications are thereby become desolate Widows helpless Orphans and miserable Exiles from the place of their birth and sustenance True it is That His late Majesty and His now Majesty then Prince of Wales overcoming
Navigation the great support of Ireland quite beaten down his Excellency disheartning the Adventurers Vndertakers and Owners as Captain Antonio and others favouring Hollanders and other Aliens by reversing Judgments legally given and indefinitely concluded before his coming to Authority By which depressing of maritime affairs and not providing for an orderly and good Tribunal of Admiralty we have hardly a Bottom left to transmit a Letter to His Majesty or any other Prince ANSWER Here again VVe are charged in general with disheartning Adventurers Undertakers and Owners and no man named but Captain Antonio nor the particular wherein he was disheartned set down We are further charged with reversing of Judgments legally given and definitively concluded before Our coming to Authority but no particular Judgment so reversed is or indeed can be instanced So that all VVe can answer to this part is That it is not true and for what remains That VVe placed the power of Admiralty in this Kingdom according to the Assemblies instance and from time to time gave Commissions to such persons as the Commissioners desired in several parts to hear and determine maritime causes Sixth Article of the Declaration The Church of Cloine in our possession at the time of making the Peace violently taken from Vs by the Lord Inchiquin contrary to the Articles of Peace no Justice or Redress was made upon Application or Complaint ANSWER For Answer to this VVe refer you to Our Answer to the first Article of the pretended Grievances which Article and Answer are as followeth Article viz. The first of those called the Grievances First They have not been suffered to enjoy the Churches and Church-livings which in the time of the perfection of the Articles of Peace they possessed but were after the said Articles made and perfected put forth expelled and still kept out of possession of divers Parish-Churches and their Tythes and Livings and even of some of the Cathedral Churches and many of the Prelates and Pastors hindred from exercising of their respective Jurisdictions and Functions amongst their Flocks and Grants made of some of their Bishopricks and their Livings which sithence the War or the greatest part of it hath been and yet is in the possession of the Catholick Bishops to Protestant Bishops and notwithstanding the Prelates and Clergy in the Counties of Cork and Waterford where chiefly those Grievances happened have made suit for remedy yet have they obtained no redress in their suits nor have they say the Commissioners of Trust in whom the last General Assembly of the Confederate Catholicks of this Nation which concluded the said Peace put their confidence for procuring an effectual compliance with the said Articles and seeing in no point they should be violated or broken in this so important a point concerning the Church given effectual furtherance for recovering their right to the said Prelates and Clergy Answer viz. To that first Article of those called the Grievances First We deny that they if thereby be meant the Roman-Catholick Clergy were not suffered to enjoy the Churches and Church-livings which at the time of perfecting the Articles of Peace they possessed or that by the Articles of Peace they ought to possess And as to the instances made in the Margent the composers of this Article do very well know That their possession of those Churches and Church-livings were flatly denied by the Protestant Clergy And it is very well known to the Commissioners who followed that business with diligence and earnestness enough That We never refused nor delayed to afford them any just means of bringing that Controversie to a final end till at length by Treachery and the Rebels power the Things controverted were lost to both Parties Nor was there any Complaint made unto Us since the conclusion of the Peace till now that the Romish Prelates or Pastors or any of them have been hindred from exercising their respective Jurisdictions and Functions amongst their Flocks except one Complaint made of the Governour of Dungarvan wherein We were ready to have given such Redress upon hearing all Parties as should have been found fit if the said Complaint had been prosecuted We know of no Grant made by His Majesty of any Bishoprick whatsoever since the conclusion of the Peace nor can We find any Article of the Peace that restrains His Majesty from making such Grants so the Roman-Catholick Bishops be not thereby dispossessed of what they were possessed of upon conclusion of the Peace until His Majesty declare His pleasure in a Free Parliament in this Kingdom And whatever His Majesty might intend to declare the making of Protestant Bishops could be no anticipation thereof to the prejudice of the Roman-Catholicks since Bishops are held essentially necessary to the exercise of the Religion of the Church of England Seventh Article of the Declaration That Oblations Book-monies Interments and other Obventions in the Counties of Cork Waterford and Kerry were taken from the Roman-Catholick Priests and Pastors by the Ministers without any redress or restitution ANSWER For this We answer That it was conceived by the Ministers herein mentioned that where they had possession of the Church-livings the Obventions here mentioned were also due to them But whether it were or not sure We are there was never any Complaint made to Us in this particular till Our coming to Tecroghan after the loss of Droghedagh and that within a very little time after before the truth of the Allegation could be examined the Towns of Munster revolted and the business was so decided at least if any difference of this kind continued in the County of Kerry which was longer held We never after Our being at Tecroghan heard of it that We remember Eighth Article of the Declaration That the Catholick Subjects of Munster lived in a slavery under the Presidency of the Lord Inchiquin those being their Judges that before were their Enemies and none of the Catholicks Nobility or Gentry admitted to that Tribunal ANSWER To this VVe answer That no complaint of any such slavery imposed by the said Lord President or Presidency was made to Us but on the contrary That upon his Lordships instance VVe directed Our Letters to him to swear and admit of the Council of that Province the Lord Viscount Roch of Fermoy the Lord Viscount Muskery Major General Patrick Purcell Lieutenant Colonel Gerard fitz Morrice and others all which were written unto by the Lord President to come to him to be sworn accordingly whereof the Lord Muskery Major General Patrick Purcell and Lieutenant Colonel Fitz Morrice were sworn but the rest not coming according to the Letters could not be sworn Ninth Article of the Declaration The conduct of the Army was improvident and unfortunate nothing happened in the Christianity more shameful than the disaster at Rathmines near Dublin where his Excellency as it seemed to ancient Travellers and men of Experience who view'd all kept rather a Mart of Wares a Tribunal of Pleadings or a great Inne of
Play Drinking and Pleasure than a well ordered Camp of Souldiers Drogheda unrelieved was lost by storm with much bloodshed and the loss of the flower of Leinster VVexford lost much by the unskilfulness of a Governour of a young man vain and unadvised Rosse given up and that by his Excellencies order without any dispute by Colonel Luke Taaffe having within near upon 2500 Souldiers desirous to fight After that the Enemy made a Bridge over the River of Rosse a wonder to all men but understood by no man without any lett or interruption our Army lying within 7 or 8 miles to the place where Two hundred Musqueteers at Rosse Bercken being timely ordered had interrupted this stupendious Bridge and made the Enemy weary of the Town Carrick being betrayed by the Protestant Ward there our Army afterwards appearing before the place the Souldiers were commanded to fight against Walls and armed Men without Guns Ladders Petards Shovels Spades Pick-axes or other necessary materials being killed upon the place 500 Souldiers valiantly fighting Yet near Thomas-town our Souldiers being of tryed Foot two to one and well resolved were forbidden to fight in the open Field having advantage of ground against the Enemy to the utter disheartning of the Souldiers and People After this the Enemy came like a Deluge upon Callan Fethard Cashell and other Corporations within the Province of Leinster and Munster and the Countrey about rendred Tributary Then followed the taking of Leighlin and Kilkenny then that of Clonmel where the Enemy met with gallantry loss and resistance Lastly Tecroghan and Catherlagh two great Pillars of Leinster shaken down that of Tecroghan to speak nothing for the present of other places was given up by orders VVaterford blocked is in a sad condition Duncannon the Key of the Kingdom unrelieved since the first of December is like to be given up and lost ANSWER For the improvidence of the conduct of the Army VVe shall only answer That it was as provident as VVe had means and skill to conduct it And for the misfortune VVe ascribe that to the good pleasure and justice of God But how far forth the disaster at Rathmines was shameful beyond any thing that ever hapned in the Christianity as they express themselves VVe refer you to the relation of what VVe have said upon that Subject in Our Answer thereunto in what concerns the same in the pretended Grievances and to the testimony of divers now there that were upon the place with Us. The Article of those Grievances and Our Answer are as followeth Article viz. the ...... of the pretended Grievances That the defeat of Rathmines given by the Rebels to His Majesties Army being far more numerous than the Rebels is by the People generally ascribed to the faithlessness ignorance and Cowardize of some of tht Officers of His Majesties said Army and that the People are the rather induced to believe the same sithence no search or inquiry was made by Court or Council of War of the deport of the said Officers of His Majesties said Army in their respective duties at Rathmines aforesaid Answer viz. To this Article of the said Grievances Concerning the defeat at Rathmines It is with that as with all misfortunes of that nature in VVar every man at his pleasure making himself Judge of the causes of them and many times without looking into or having knowledge of the true condition of the beaten Party deliver their judgments upon mistaken grounds and for the most part are guided by their passions either of Envy or Self-conceit of their own abilities to judge superciliously or maliciously of those actions whereunto they are willing strangers And this being a disadvantage whereunto all Commanders have been and ever will be subject VVe have no reason to expect an exemption from it and might therefore pass by this Grievance reserving Our Self for an accompt of Our actions till it were required from Us by him to whom only in this case VVe are obliged to render one But such is Our desire to satisfie those that are faithful to the Cause VVe have laboured in and may have been stumbled at that chance of VVar that VVe shall give them the reason and grounds of Our undertaking and of the supposed omission recited in what remains of these Grievances And first it is necessary it should be understood That a little before the time of that defeat the condition of affairs in this Kingdom stood thus The Province of Leinster Munster and Connaught were entirely reduced to His Majesties obedience except the City of Dublin and Ballysonnan which was block't up with a small number of Our men But in Vlster the Rebels there by the assistance of Owen O Neil and the interruption given to the Lord Viscount Mountgomery by the Scottish Clergy had raised the Siege of Londonderry and were become Masters of the Field About the same time also VVe had certain intelligence That Cromwel with a very strong Army a vast Sum of money and great plenty of all Provisions was ready shipt for this Kingdom And it was from good hands intimated unto Us That he purposed his descent in Munster and that he had there intelligence with some Governour of the Sea-Ports there Hereupon it was taken into consideration at a Council of VVar whether the blocking up of Dublin should be continued or whether VVe should not retire from thence to Drogheda Trym and the Garrisons adjacent and prepare Our Self for securing of Munster and making a defensive or offensive VVar as occasion should afterwards be offered And of this opinion VVe were the rather that it was there also concluded That the Lord President of Munster with a good Party of Our best Horse should go into Munster to secure it and that the very day VVe rose from Finglasse and marched to Rathmines Reynolds landed with 600 Horse and 1500 Foot Hereunto it was strongly objected That if VVe sent away Our heavy Cannon which VVe proposed should be done the more to facilitate an orderly Retreat the People would despair of the taking of Dublin That they would accompt all that was done as good as nothing unless that City were reduced That they would not consider that the City was to be reduced by distressing it by blocking up which might have securely been done the way VVe proposed but taking the matter to be given over and consequently despairing of the ease they expected by the total reduction of the Kingdom would grow more and more backward in their contribution and perhaps be seduced to a conjunction with Owen O Neil and a rejection of the Peace and His Majesties authority thereby established over them which even then We found was though underhand privately and under other pretences aimed at by some that since have taken advantage of the time to declare themselves without disguise It was also objected That unless Dublin were reduced before Cromwels landing with the Force and Treasure We were sure he had in readiness at the Water-side that
the People should be deprived of the King's authority and the benefit of the Articles of Peace is apparent by this Declaration and Excommunication wherein they direct the People to return to their Association which is inconsistent with both and by the Answer of the Bishops at Galway to the Commissioners whereof We shall have occasion to speak hereafter And where they charge Us with Envy to the Nation for doing Our Duty to the King VVe hope to have given such proof of the contrary as hath satisfied the most interested men in the Nation And VVe conceive We could not have manifested Our affection to it by a more signal instance than by offering to leave His Majesties authority in the person of the Lord Marquess of Clanrickard and to withdraw Our Self to sollicite for Supplies when it was most probable they might be got finding that Our being a Protestant gave these Declarers some advantage to withdraw the People from their obedience to Us. Twelfth Article of the Declaration That his Excellency and the Lord Inchiquin when Enemies to the Catholicks being very active in unnatural execution against us and shedding the blood of poor Priests and Churchmen have shewed little of action since this Peace but for many months kept themselves in Connaught and Thomond where no danger or the Enemy appeared spending â—heir time as most men observed in Play Pleasure and great merriment while the other parts of the Kingdom were bleeding under the Sword of the Enemy This was no great argument of sense or grief in them to see a Kingdom lost to His Majesty ANSWER We are not willing to look back so far as to the time when by His Majesties Command and Commission We bore Arms in the War against the Confederates but must justifie Our Self That We were never active in unnatural execution against them but have many times suffered much Calumny for Our desire of preserving many of them that fell into Our hands as some in that Assembly can witness who were by Our means preserved and if they think fit may testifie as much But if the Declarers oppose Our being active then to Our unactivity this last Summer as an argument of Our want of desire to oppose the Enemy We answer That in the time they mention We had free Election of Officers the absolute power of Dublin and other Garrisons where We caused the Souldiers to be continually exercised their Arms kept in order and could in a short time when We pleased have drawn the Army together and marched with it where We pleased Advantages which rendred the Victories We gained full as easie as those gotten by the Enemy against Us have been upon the like advantage on their part It is true That all this last Summer We and the Lord Inchiquin have continued in Connaught and Thomond where there was no Enemy But it is also true That We were not suffered to have the means of preparing an Army fit to seek or oppose an Enemy as We have set down in Our Letter of the second of August to the Bishops at Jamestown recited formerly upon another occasion And since they here mention the Lord Inchiquin with Us We think fit to mind divers in that Assembly to whom it is well known that many of the Bishops did long since upon several occasions declare That all their suspition and the suspition the People held of Us was by reason of the power the Lord Inchiquin had with Us. And that during his continuance in employment or the continuance of any of his Party in the Army it was not possible for them to remove that suspition out of the minds of the People But that if his Lordship were once out of Command and his Party removed they doubted not full and chearful obedience would be given Us. Hereupon his Lordship voluntarily withdrew himself from having to do with the conduct of the Army yet is he by these men charged for want of activity When his Lordship had thus waved his employment and his Party were gone off and that they had wrought the like distrust of the remainder of the Party that came off to Us from Dublin and other parts so that now We were forced likewise to send them away then they judged it a fit time for them to declare also against Us. Then divers Bishops and other Churchmen changed their note and dealt underhand with the Lord Inchiquin to stay in the Kingdom though We should go saying That the distrust and dislike of the People was only against Vs and not against him Then they fell first to call their meeting at Jamestown and then to publish this Declaration from which they were with-held for fear all the time the foresaid Parties were with Us. This We suspected would be the issue of their working away the Protestant Party and of all their promises Yet to leave them wholly without excuse and to satisfie some that believed better of them We consented to part with those men of whose courage and fidelity to His Majesty and affection to Us We had good experience and cast Our Self wholly upon the assurances these Bishops and others had so often and so solemnly made to Us of giving Us and procuring for Us all possible compliance and obedience the result whereof appears in their Declaration Yet it is very well known That whenever the Enemy drew towards the Shannon side We drew together all the men We could to the defence of the passages which otherwise the Enemy had gained And whatever Our play and merriment was We had certainly as great cause to grieve at the loss of a Kingdom to His Majesty as these Declarers who have not carried themselves so towards him as to expect a greater proportion of His favour than We. Thirteenth Article of the Declaration That his Excellency when prospering put no trust of places taken in into the hands of Catholicks as that of Drogheda Dundalk Trym c. and by this his diffidence in Catholicks and by other his actions and expressions the Catholick Army had no heart to fight or to be under his Command and feared greatly if he had mastered the Enemy and with them the Commissioners of Trust or the greater part of them and many Thousands of the Kingdom also feared he would have brought the Catholick Subjects and their Religion to the old slavery ANSWER In answer to this Article VVe say that Drogheda was put into the hands and trust of Sir Arthur Ashton a Roman-Catholick and that of the Souldiers and Officers of that Garrison the greater part were of that Religion That for Trym it was governed by Mr. Daniel O Neil who though a Protestant was yet a Native of this Kingdom and one that had manifested great affection to the Nation That the greater part of the Officers and Souldiers with him were Roman-Catholicks and that the Lord Viscount Dillon a Roman-Catholick had Command over the said Daniel O Neil For Dundalk it is known that place was given up
the Kingdom and no demonstration could be made how the Kingdom could be preserved under Our Government that then the said Declaration should be published It is further expressed in the said Order That VVe being sollicited to the effect aforesaid with urgent reasons absolutely denied to consent thereunto and that VVe neither did nor could demonstrate unto them any way of preserving the remainder of the Kingdom under Our Government and therefore according to the Trust reposed in them by the said Congregation they did publish the said Declaration denouncing to all Archbishops Bishops c. This is all VVe observe in this Order of Publication more than is contained in the Declaration at Jamestown VVhat We have to answer in this Order for Publication is briefly this They held it fit VVe should quit the Kingdom and depute the King's Authority with some person or persons of Trust that is pleasing to them We refuse so to do upon their advice giving them some reasons why We refuse and promising them more if they would at a free Conference hear them For not following this advice without refuting the Reasons We gave for Our not going and without hearing or so much as asking what other reasons those were which We were unwilling to write and yet would tell them at a free Conference by which caution they might imagine they were of moment they proceded to their Declaration and Excommunication Here though We have formerly touched it let it be observed That having several times and upon several occasions offered to leave the Kingdom and to depute the Kings authority not to disparage the Nation with the onely person in all respects fit for it and a Roman-Catholick This was not accepted of but We are made believe the Lord of Inchiquin being removed from any charge of the Army and the Protestant Party gone there remained no further distrust or dislike of Us and that then all obedience would be given Us. All this and whatever else they advised being done on Our part Our Frigat which lay in Ire-Connaught whence We might have securely gone being sent away and the Harbours blocked up by the Rebels ships they impose upon Us to effect an impossibility namely to go out of the Kingdom without means of Transportation or else as far in them lies We are rendred infamous throughout the world and to all Ages by their defamatory Libel Whatever Our demerit had been and if We were the faithless the negligent the every way unworthy person they have described Us to be certainly they cannot free themselves from the guilt of so mean and base a Treachery Let it be next considered That if when a company of Bishops or a Congregation of Archbishops Bishops c have a mind to set up themselves or any others as Governours over the Kingdom and this power they assume at least in the interval of Assemblies and have now twice practised it and the Governour appointed by Royal Authority or when that is absent which should never be supposed by a just Representative of the Nation will not give them room by quitting the Government he is placed in at their desire without direction from the Power whence he derives his Authority or without unavoidable necessity inforcing him if We say for his not doing a thing so contrary to the Trust reposed in him to the sense of those intrusted by the People as the Commissioners of Trust were and contrary to the sense of the most interested persons of the Kingdom the foresaid company of Bishops or Congregation may therefore with impunity deliver all men to Satan that shall feed help or adhere to him it is in this case easie to discover that Bishops or a Congregation thus doing do aim at and will if so permitted easily compass the Supreme Temporal Power If it be said They only do it upon evident necessity for the preservation of the People in apparent hazard of being lost and that in this case only of so absolute necessity they pretend to such power and when informed or convinced will lay it down to the King or Assembly We believe no King or State careful of their own preservation will allow they have this power even in this case For instance if the Bishops or Congregation of both Clergies of the Kingdom of Naples or of any Signiory under the State of Venice should pretend to a power upon any necessity whatsoever whereof the said Bishops and Congregation to be Judges of discharging the Subjects of the King of Spain from obeying the Vice-Roy of Naples or the Subjects of any Signiory under the State of Venice from obeying the Governour of any such Signiory appointed by the State directing them in the mean time to observe and obey such Form of Government as the said Congregation should prescribe till it should be otherwise ordered by the said King or State VVe suppose it would not pass for Orthodox Doctrine in that Roman-Catholick Kingdom or State That a Congregation is qualified with such power Nor would the necessity of their so doing nor yet the sanctity of their function or persons protect them from severe punishment That Our Kings Prerogative in that particular is as great in this Kingdom as the King of Spains in Naples or that of the State of Venice in any Signiory of theirs it is Treason to deny as it is to affirm That in this particular such a Congregation here hath more authority than a like Congregation in that Kingdom or State But these men have not only in this case exceeded whatever at any time or in any place was pretended to by any of their Function but had less ground if less might be for such a pretension than any others For here in a solemn Assembly of the Nation a Peace was concluded most of the Bishops signing this Declaration were actually there consenting to the Peace and all the Congregation either at or after the conclusion of the Peace subscribed to it So that by the general consent of the Congregation first or last Thomas Lord Viscount Dillon Donnogh Lord Viscount Muskery c were to look to the performance of the Articles of Peace and thereby had greater pretence to be proper Judges of the violation of the said Articles than this Congregation Yet without consulting them they publish this Declaration and fulminate their Excommunication against any that should adhere to Us among other things for pretended violations of the Peace and would not by the said Commissioners be persuaded to retract it VVhere they say We neither did nor could demonstrate unto them any way of preserving the remainder of the Kingdom under Our Government it was a question never asked of Us either by the Bishop of Dromore and Dr. Charles Kelly who brought Us the message or by the Bishops of Cork and Clonfert that were sent to Us for Our Answer or indeed by any other If such a question had been moved to Us VVe should doubtless have answered That the most probable
find no succour or countenance from any Catholick Prince of the Church or Laity he governing but reproach and disgrace Answer We believe that no Prince or State that could not be induced to succour or countenance this Nation being under obedience to their natural King will succour or countenance it if it suffer it self to be seduced into Rebellion upon the motives suggested by these men and their Brethren which were to give evil example to their own Subjects and hazard the quiet of their Kingdoms or States Sixth Reason That the Souldiers by the ill success of his conduct have not the heart to fight under him and so we shall be lost if we come to fighting Seventh Reason We find the People generally in great fear to be lost under his Government and are of opinion That the greater part of the People will agree with the Parliament if the Authority were continued in him despairing of defence under him Answer To these We have answered elsewhere * * From page 109. to page 115. in this Discourse Eighth Reason That we declared against him having the King's Authority out of no spleen or malice against his person so save us God but for the fear we had upon good deliberation of the utter ruine and destruction of the Nation under his Government and that now finding no reasons or wayes of preservation by him we may not with reason be induced to alter our opinion especially the Kings authority being not in him Answer We cannot sufficiently wonder That men having no spleen or malice to our person have yet been so Transported by their desire to have a Governour to their mind as to asperse us with so many untruths as they have been detected of in this Discourse Or why if their charity be such as they speak of they chose not rather to deal freely with Us in private when VVe so often provoked them to it than to join with others to keep Us here against Our inclination as if it were on purpose to send Us away irrecoverably blasted in Honour and Reputation by their publick Declaration Ninth Reason That those two considerable Corporations remaining are at great distance with his Excellency for giving Commissions to take away their Goods and other Reasons and are thought to be resolved not to submit to him though they resolve to appear as in their intentions and actions they conceive they are faithful to the Crown and to the Kings authority obedient if placed in another person Answer As to the Commissions here mentioned to be given by Us against Lymerick the many provocations disobediences affronts and challenges of dues by the Commissioners applotted on them required much more at Our hands than VVe did VVhich you will find by the ensuing Discourse though therein VVe are necessitated to re-assume in part what VVe formerly said of the demeanour of that City That VVe having for a long time observed the great disadvantage His Majesties service in the conduct of the VVar hath been subject unto for want of Garrisoning the Army in the principal Cities and Towns of this Kingdom whereby the Army could not but be undisciplin'd and unfit for action the Countrey where VVe have been forced to quarter them at large burthened and destroyed and the said Cities and Towns on the defence whereof depended the preservation of the Kingdom with the lives liberties and fortunes of all His Majesties good Subjects therein in apparent hazard of being lost upon the approach of an Enemy as by sad experience hath been verified in the loss of some places of importance for the want of the seasonable admitting into them of fitting Governours and Garrison Souldiers VVe did on the 14th of January last propose unto the Commissioners authorized by Us in pursuance of the Articles of Peace That then immediately Lymerick and other places should be strongly Garrison'd and Fortifi'd and in pursuance of the said Articles VVe offer'd unto them the names of three persons of the Roman-Catholick Religion that out of them they might choose one for the Command of Lymerick But the Plague increasing at Kilkenny together with the necessity of dissolving the meeting then there and for other important Reasons the Election of a Governour of the said City of Lymerick was deferred to the end that at Our coming thither VVe might in the manner prescribed by the Articles of Peace make choice of such a Person and Garrison as might be at once fit for so important a Charge and beyond all possibility of being lyable to just Exception from that Corporation We leave it to the Commissioners and others that then attended Us to witness what pains We there took to satisfie those of that City in the necessity of their speedy receiving a Governour and Garrison in relation to all the interests that can be of value with any people what Our patience was in passing by many disrespects and marks of an unworthy distrust put upon us there as particularly the Officer commanding the City Guards neither came to Us for orders nor imparted any to Us That no Officer of the Army nor any other person could without special leave and that hardly obtained from the Mayor be admitted to come to Us to receive Our commands and directions for resisting the Rebels than by this means prevailing in the County of Lymerick and other places and That the Lord Viscount Kilmallock a Peer of the Realm and an Officer of the Army was We being upon the place restrained of his liberty for no other reason than for quartering by Our orders for one Night some few Horse under his Command in the liberties of the City When thorough such their deportment We despaired of persuading them to the wayes leading to their proper safety and also judged it far beneath the honour of Our Master to remain any longer in a place where such Affronts were put upon His Authority intrusted with Us We determined to remove from thence to Loghreogh appointing the said Commissioners and as many of the Roman-Catholick Bishops as were within any convenient distance to meet Us there on the 19th of March Where being met We declared unto them the necessity of Garrisoning that City and gave them some notice of Our resentment of Our usage there yet sparingly in hope that by their means they might be brought to consent to what was so necessary for their own preservation and in time to a better understanding of their duty to His Majesties Authority Whereupon the said Commissioners by two of their number directed very pressing and rational Letters to that Corporation to the effect proposed by Us offering to them their choice of five persons for the Martial Government of that City all of the Roman-Catholick Religion of considerable interest in the Kingdom and of unblemished Reputation And the Bishops do affirm That they accompanied those Letters with others from themselves persuading that obedience should be given to what was required by Us with the advice and consent of