nation should highly rejoyce the miraculous Restauration of Charles the Second their natural King their only deliverer from the hard and intollerable durance and tyranny which they so many years have suffered in his absence under the suppressions of an Vsurped power and the Irish Clergie doth hold themselves by double obligation so to do first by the tye of natural subjection to their most gracious and lawful Prince secondly that they may vindicate themselves from the innumerable calumnies and lyes whereby they are misrepresented unto the King and his Ministers most falsely suggested to them that they intend to raise rebellion and tumults Wherefore we the whole body of the Dominican Friers unanimously that it may appear to the world with what sincerity of mind and purity of intension we are inclined to our Soveraign Charles the Second following the steps of our predecessors and fully satisfied in our conscience first do render most hearty thanks unto the King of Kings for the miraculous Restauration of His Sacred Majesty to His hereditarie Kingdoms and will ever pray that the same divine power and providence that established Him in his own right may give him long time happily to raign and govern And for manifestation of our fidelity to Him we do protest before God Angels and Men without any equivocation or mental Reservation our Soveraign Charles the Second to be the true and lawful King and Supream Lord of Ireland and therefore that we are in conscience and under pain of Highly offending God to obey our said Soveraign in all civil and temporal affairs no less then any of our function to their respective Princes in Europe And do further more protest that we know no external power that can absolve us from this Religious obligation no more than other Subjects of the like function with us from the like obligation in Spain France or Germany or any elswhere Finally we execrate abjure and renounce that not Catholick pernicious doctrine That any Subject may Kill or Murthen his King by himself or any other though differing with him in Religion nay we protest the contrary saying that all Subjects are bound to manifest all rebellious and machinations against their Kings person His Kingdom at State to the King or his Magistrate which we do hereby promise to do And this protestation of our fidelity we the aforesaid body of the Order of St. Dominick in Ireland do freely offer to His most meek and clement Majesty and prostrate under His Sacred â—ee we pray he may be pleased to accept this our protestation and to defend and deliver us frâ—â— the oppression of our persecutors for our profession is to fear and follow him who in the Gospel commands to give unto God his due and to Cesar his and we will always pray for His Royal Majesty his Queen and the blessing of a happy posterity Dated the 15th of October 1662. F. Iohn Hart Provincial F. Lawrence Kelly Diffinitor F. I. Burgate Deffinitor F. Eugius Coigly Diffinitor F. Richard Maddin Diffinitor F. Dionisius a Hanreghan F. Constant de Annunciatione Kyeffe F. William Bourke F. Cornelius Googhegan F. Felix Conuer F. Patrick Dulehanty F. Thomas Philbin F. Ioanner Baptista Bern F. Geâ—ot de martiribus Ferral F. Michael Fulam F. Goruldfitz Gerrald F. Abtonius Kenogan F. Clement Berae F. Batricius Doyre F. Charles Dermoâ—â— F. Dominick Fedrall F. Daniel Nolanus F. William O Meran F. Iohn Tyny F. Tadeus mac Donâ—ogh XVIII As concerning the Letter which this Dominican Provincial Father Iohn O Hart sent then by the same bearer and of the same date to the Procuratour although it was civil enough and a complement of thanks for minding his Order of their duty and further desires both of recommending them and their cause to His Grace and of hearing from him more often all particulars yet was it withal positive enough in declaring they could not or would not do more in that business than what they had now by their letter to the Duke and Remonstrance enclosed therein Nor indeed was it ever at any time before or after to this day expected by the Procuratour they would heartily or freely do any more because he knew very well in what hands the Government of that Order was or who were Provincials Definitors and Local Priors of their Province then and for many years puff and how unanimous they were all in the Nuncio's time and for him and his quarrel and ever since for the Censures and against any kind of peace with the Royal party only four or five excepted who yet had not the courage to mutter against the rest if not in private cornes Father Marke Rochford Oliver Darey Ioseph Langton Peter Nangle and because he know they gloried particularly and mightily in their however unfortunate unity therein having suffered no division amongst themselves but runn altogether one way for ought appeared so little did they consider that unity in evil is a curse from God and because he further knew certainly how they were touch'd to the very quick and took it to heart extreamly that any at all of theirs though but three only Father Scurlog Reynolds and Scully to whom since is added Father Clemens Birne had subscribed the Remonstrance and consequently saw themselves now in some degree begun to be divided In which judgment of them in general that it may be seen the Procuratour was not deceived but their violence made known to the end it may find some check hereafter I must not pass over in silence how they left no stone unremoved to vex the patience of those three or four subscribers and force them to a recantation exclaiming against them every where discountenancing them in every thing even against the rules not of their own Order only but of the common Canons of the Church and Christian charity also threatning to deprive them of active and passive voice in all elections and by actual instances thwarting in such Father Scurlog and Reynolds making one man of purpose to decline and vex them Priour of three Convents together at one time against the very Papal Canons cap. Vnum Abbatim 21. q. 1. ex Concilio Agathensi c. 57. Nay denying not licence only or a dispensation or indulgence to Reynolds in case of sickness to eat flesh but even an absolution of his sins on St. Dominicks eve because and only because he would not retract as it was in plain tearms told himself then and even by him that so denyed it his own local Prior in the City of Dublin And yet with more uncivil and barbarous usage to a Priest and from the chief Superiour Provincial in his visitation boxing an other on the face on that account only For they never did nor could taxe him nor any of those few other subscribers with any other kind of misdemeanour Finally removeing all such Friars to other Convents from being under the direction or command of Father Clement Prior of Newtown in Vlster of purpose or because he
is due to them according to the Laws of each Commonwealth respectively in all Civil and Temporal Affairs And therefore we do herâ— protest against all Doctrine and Authority to the contrary And we do hold it â—â—â—ious and against the Word of God to maintain That any private Subject may â—ill or murther the Anointed of God his Prince though of a different Belief and â—â—ligion from his And we abhor and detest the practice thereof as damnable and wicked After which Act of Recognition and Appendages of it you have immediately in the same Instrument this Petitionary Address These being the Tenents of our Religion in point of Loyalty and Submission to Your Majesties Commands and our dependance of the See of Rome no way intrenching upon that perfect Obedience which by our Birth by all Laws divine and humane we are bound to pay to Your Majesty our natural and lawful Sovereign we humbly beg prostrate at Your Majesties feet that you would be pleased to protect us from the severe persecution we suffer meerly for our profession in Religion leaving those that are or hereafter shall be guilty of other Crimes and there have been such in all Times as well by their Pens as by their Actions to the punishment prescribed by the Law Having so given all I would have the Reader to take notice of here previously or before I come to an issue on the Point for proving my above Minor that is for proving that in our Remonstrance there is nothing at all contained but a bare acknowledgment confession c. of the Supreme Temporal power to be in the respective Lay Supreme or absolute Princes within their own Dominions and of obedience to be due to them in all Temporal affairs by all their own respective Subjects albeit I confess that for my present purpose of proving my said Minor I have not so dilated as I did in my second Advertisement but for that other end I there expressed for whether in the said Act of Recognition there be an Oath virtually or formally contain'd or not it matters not to my purpose of shewing or proving that no more nor ought else is therein contain'd or acknowledg'd but the meer Temporal Supreme power of the Prince in Temporal Affairs and obedience of the Subjects in the same Temporal Affairs Now therefore to demonstrate clearly that nothing else but such power and such obedience is therein acknowledged confessed c. nor by consequence any other disclaimed renounced abhorred detested or protested against but what doth not subsist with that power in the Prince and that obedience in the Subjects who sees not first that there are no more but Nine periods or clauses with perfect periods in the said Act of Recognition from the first word of it to the last immediately before the Petitionary Address And that in none at all of all these Nine either separately or jointly taken there is other power than such meer Temporal or Civil acknowledg'd in the King or in any other Temporal Prince or other Obedience Loyalty or Fidelity but such as is in Temporal things only acknowledg'd to be due from Subjects to their Prince And secondly or consequently too who sees not there is not in any of the said clauses either separately or jointly taken any other power disclaimed in or renounced or abhorred or detested or protested or declared against as being or as pretended to be in any other Pope or Prince or Church or People but that only which is inconsistent with His Majesties Supreme Temporal power only And that there is not any other obedience likewise declared against but that obedience only which is inconsistent with the obedience of Subjects in Temporal things to their own respective Supreme Temporal Princes For taking these Nine periods or clauses or parts of the said Act of Recognition and considering them first each apart separately what I say will be evident to any man that hath sense and reason The first period is in these words We do acknowledge and confess Your Majesty to be our true and lawful King Supreme Lord and rightful Sovereign of this Realm of Ireland and of all other Your Majesties Dominions Sure here is no word or words importing signifying or attributing to King Charles any power but that which His true and lawful Kingship Supreme Lordship and Rightful Sovereignty requires to be in him And therefore not any power but that which is meerly Temporal for his said Kingship Lordship and Sovereignty require no other 'T is true the Protestants or those of the Protestant Church of England who are not in communion with Rome or the Roman Bishop and who take that Oath they call the Oath of Supremacy do understand the Kings Royal power to extend it self to as well Spiritual as Temporal things and persons and consequently by the words Supreme Lord if in an Oath framed by themselves and for themselves or to be by themselves taken or subscribed might understand that themselves I say by such words and Oath would attribute to the King such a Supreme Lordship and consequently such a Supreme power as extended to as well Spiritual things and persons as to meer Temporal things Yet it is also true 1. That this hath nothing to do with the signification of the words Supreme Lord as used by Catholicks in a Remonstrance drawn by Catholicks and only for Catholicks to sign 2. That these words Supreme Lord especially as used to a secular Prince signifie not either by their proper native signification as imposed originally or used by knowing men nor by or in even the vulgar acception of them any other Supreme Lordship but that of a meer temporal worldly politick or Civil Supreme power of the Sword and not at all any spiritual of the Word or Sacraments of the Christian Religion 3. That the Sons of the Protestant Church of England however by their Oath of Supremacy they attribute to or acknowledge in the King a Supremacy that is a Supreme power over all or in all as well spiritual things and spiritual persons as in or over all temporal things and persons yet by that Supremacy or Supreme power they understand no spiritual power at all either of the Word Sacraments or Faith or of any other matter whatsoever but a meer Temporal Civil or Politick power of the material Sword And therefore it is plain That neither in the Catholick or Protestant meaning of the words of this first Period any other power is or may be understood but a meer Temporal power Supreme acknowledged in the King And therefore also it 's no less plain that by the said words or sense of them it cannot be said the Remonstrance or Subscribers of it do either formally or virtually or any way at all consequentially ascribe to the King any kind of spiritual Supremacy or Supremacy of spiritual power but of meer Temporal and Politick power or do at all as much as by any kind of rational consequence deny the pure spiritual
Magin one of Her Majesties Chaplains coming along with his Lordship and being present all the Discourse but none else besides the said Father Redmund Caron How this Discourse continued three hours from Ten a Clock in the morning to One in the Afternoon How therein after due Salutes the Procurator immediately gave his Lordship a full account of the occasion motives ends and effects too of the Remonstrance continuing his Speech for half an hour or thereabouts and concluding That being it was apparent enough that in the said Remonstrance or Act of Recognition and Petition thereunto annexed there was nothing but what was consonant to Christian Religion and as such maintain'd expresly even in our dayes and at that very present by the Gallican Church and Universities he could not but wonder much his Lordship and Cardinal Francis Barberin should write such Letters as they had to the Nobility Gentry and Clergy of Ireland against that innocent Formulary How the Internuncio answering That his Holiness had condemn'd it the Procurator replied That besides the Non-appearance of any such Papal condemnation it was plain enough his Holiness was misinformed not only concerning the occasion expediency necessity ends and use of that Instrument but the very matter also contained therein even as Paul the V. formerly in Anno 1606. in those of the Oath of Allegiance had been misinformed and consequently abused by Father Parsons the English Jesuite and by Cardinal Bellarmine and those other six or seven Theologues deputed by that Pope to report their sense of the said Oath of Allegiance made by King James by occasion of the Powder-plot Treason How hereupon the Internuncio with some anger rejoin'd shortly Ego informavi I am he that inform'd his Holiness and the Brocurator to him again near as shortly But with your good leave my Lord you have not rightly nor well informed giving withal his convincing Reasons How Father Caron adding to the Procurator's answer and in short desiring the Internuncio to point out the Proposition or Clause one or more in that Formulary against Catholick Faith and finally concluding and asserting the said Formulary to be in all parts and all respects intirely conformable to Christian Doctrine and Catholick Faith the Internuncio had no more to say but Vos ita censetis Sedes autem Apostolica aliter censet yea think so but the See Apostolick otherwise How when both Caron and Walsh had again replied That general Allegations without particular proof of the See Apostolick's sense were to no purpose That the original or at least authentick Copy should be produced That credit in such matters was not to be given not even to the Letters of the very Cardinals as both Civilians and Canonists do teach That the Popes own acknowledg'd private Letters in case there had been such have no binding force no nor even his Briefs or Bulls in the present or other such Controversies That the point of the Popes Infallibility was no matter of Christian or Catholick Faith That the See Apostolick Roman Court and Catholick Church of Christ were three different things finally that together with all now said the reverence and obedience to his Holiness did very well consist how I say this Replication being made the Internuncio looking no more as superciliously or high as he had till then begun to speak to Father Walsh after another manner i. e. moderately and by way rather of Entreaty and Prayer than Command or Empire How this was to desire the said Father Walsh to lay by thenceforward all thoughts of that Remonstrance and think rather of any other medium whereby to obtain His MAJESTIES gracious propension to look mercifully and favourably on the Clergy of Ireland notwithstanding any thing formerly acted by them How when Father Walsh had briefly answer'd That really he knew no means could serve that end without some such Act of Recognition as the Remonstrance was the Internuncio replied He himself then would propose one and how accordingly he did this viz. Sanctissimus Dominus meus c. My most Holy Lord sayes he shall issue a Bull to all the Irish commanding them under pain of Excommunication to be henceforth and continue faithful and obedient to the King How the Procurator saying presently hereunto That indeed my Lord is the medium which if accepted would make His MAJESTY a down-right Vassal to the Pope and a very King of Cards but I hope His MAJESTY hath some better and surer means to rely on for keeping that Kingdom in peace than any kind of Bull or other even Letters Patent from his Holiness the Internuncio presently again Then sayes he I propose this other medium viz. Sanctissimus Dominus meus c. My most Holy Lord shall grant and create as many Bishops and Archbishops for Ireland as His Majesty and His Vice-Roy or Lieutenant in Ireland the Duke of Ormond will desire and those very persons they shall fix upon and moreover shall empower those persons so created Prelates to dismiss and send away out of Ireland all Clergymen whatsoever whom they shall find to be disloyal to the King How moreover the said Procurator to this also replied That although it was much more specious than the former yet considering His MAJESTIES Religion and the Laws now as yet in force and other Affairs too it seem'd impracticable for the present That were His MAJESTY even of the Roman communion nay and being what He is there was nothing offered by this medium but what was and is His own by ancient Right I mean the naming of all Prelates and suffering no other such but of His own Nomination And for banishing Disturbers away That sure He could Himself do that without the help of either Pope or inferiour Bishops whenever he should find such Proscriptions necessary And further That if He could not at least by the Authority of His own Laws or must or would admit of the Popes Authority therein as necessary then surely he must also or would in so much and that an essential point of Temporal Sovereignty acknowledge His own dependance from a Forreign power which questionless He neither would nor could Therefore considering all this besides the strict Oath of Allegiance and Obedience which even such Archbishops and Bishops must before their Consecration take to the Pope and not they alone but all sorts of beneficed persons according to the present practice and Rules of the Roman Church or prescript of their Pontificals and other Canons and must take also even expresly against all those they call or esteem Hereticks the last proposed medium could be no medium at all not as much as any kind of way probable if the Remonstrance and all such other Recognitions were by the self-same Prelates and all other inferiour Irish Clergymen laid by Especially considering that the Oaths of Supremacy and Allegiance both Enacted by the municipal Laws here had been long since by the Popes and Court of Rome and by all their fast Friends or maintainers of
doth not swerve from the square of Sacred Canons from the consent of great Divines and Canonists from the practice of most Catholick Nations and amongst the rest of England before the Schism without controulment of the Clergy nay we are undoubtedly possessed the Law of Nature which is above all Canons doth approve and command it so strictly as we cannot otherwise answer the Trust reposed in us when by our negligence herein the Lives and Fortunes of the Confederate Catholicks would be exposed to most inevitable and evident danger Given at Kilkenny Castle the Third day of June 1648. and in the Four and twentieth year of the Reign of our Sovereign Lord CHARLES by the Grace of God King of Great Britain France and Ireland Mountgarret Athunry Donboyne Lucas Dillon Rob Linch Rich Barnewall Rich Everard Rich Bellings Patr Gough John Walsh Gerrald Fennell Patrick Brian Robert Deuereax George Commin GOD SAVE THE KING 6. That next Winter following the General Assembly of all the Three Estates of the Confederates being conven'd from all parts of the Kingdom at Kilkenny in order to conclude the Second Peace or it called the Peace of 1648. with His Majesties Lord Lieutenant and great Commissioner the then Marquess now Duke of Ormond as they did indeed before that year ended conclude it they took into their special care to second the foresaid publick Declaration of the Supreme Council and that by another as publick of their own fix'd up publickly to the great Gate as the manner was of their Assembly-house and to several other places in Town under the hand of their Speaker Sir Richard Blake In which Assembly Declaration and Act the Estates amongst other things took notice first of the designs of the rebellious Clergymen especially Regulars who even contrary to the Oath of Association took part with the Nuncio Owen O Neill and others proscrib'd by publick and lawful Authority to hold meetings and celebrate even Provincial Chapters in the woody mountainous boggy or other unaccessible places possess'd by Owen O Neill and that too partly nay principally of purpose to proceed against those other good and loyal Churchmen who for His Majesties service obeyed the Supreme Authority of the Confederates yea to displace and deprive them of their respective local Superiourships Guardianships or other offices and to name Malignants in their stead And therefore in the next place they strictly commanded all such rebellious Out-lawed Ecclesiasticks of what dignity or title or office soever at their utmost peril not to hold any kind of Meeting or Chapter upon any account whatsoever And Thirdly also they no less strictly enjoin'd all and every the loyal Ecclesiasticks and on their Allegiance to the King and likewise at their utmost peril commanded them not to assemble with nor receive or obey any Summons Orders Precepts Sentences Institutions Destitutions Statutes c. of or from all or any of the adverse party but to continue their respective offices and other matters as formerly until His Holiness or other general Superiours beyond Seas should upon or after full information send persons duly qualified and empower'd to rectifie all abuses and punish in their way according to their demerits those fire-brands of rebellion and civil War 7. That accordingly all Ecclesiasticks adhering to and obeying the said Supreme Authority behaved themselves but more especially those of the Franciscan Order being they were above others concern'd forasmuch as Father Thomas Makiernan their Minister Provincial and his Diffinitory all and every of them declared Enemies to and by the said Supreme Authority had within Owen O Neill's Quarters presumed to hold a Chapter or Congregation intermedia as they call it and therein authoritatively as much as in them lay displaced all the loyal Guardians throughout the whole Province and order'd Malignants to succeed them 8. That by such means used and care taken that year 1648. the loyal Ecclesiasticks of Ireland then came to be and continue still so numerous until they got the upper hand in all parts even amongst the common people and quite run down their Adversaries and so for what belongâ—d to them enabled the very same foresaid Supreme Council and General Assembly to reduce that Irish Nation once more unto their due obedience to His Majesty by treating and concluding as they did within a few Months after the second Peace or that of 1648. with His Majesties foresaid great Commissioner 9. That after this Peace concluded and the Government thereby placed in and executed by the said Commissioner the Duke of Ormond as under the King Lord Lieutenant those same loyal Ecclesiasticks having in all respects the same countenance and protection from his Excellency which was before given them by the Confederate Council and Assembly witness in particular among an hundred other examples which I could alledge Father Redmund Caron come and sent from Flanders as upon the Letters and Complaints of the foresaid Council and Assembly delegated by the Highest power general then of the Franciscan Order the most Reverend Peter Marchant of purpose to reform the abuses of his Order in Ireland and either to reduce or depose the rebellious Provincial and Diffinitory they I mean the above loyal Ecclesiasticks encreased daily more and more both in number strength and credit until the two Sieges of Londonderry and Dublin had been raised and the fate of Rathmines happen'd and Cromwel with a great Army landed and the strong Sea-towns of Munster betrayed and Droghedagh and Wexford stormed and Rosse taken and the repulse at Carrig and the treachery at Waterford and Owen O Neill with his Forces being rejected by the Parliament of England condition'd but too late with and submitted to the Lord Lieutenant and Owen O Neil dying at the very time the Bishop of Clogher Ewer mâ—â— Mahoâ— made General of the same Northern Army Then it was that the Nuntio party of the Ecclesiasticks being on the late submission mix'd with the Royalists reassum'd new courage and gain'd ground by sowing new divisions and playing over again their former Game Then that after the Appeal to Innocent the Tenth sent to and prosecuted at Rome by Father John Roe Provincial of the Irish Carmelites the same Nuntio partty first began to speak big and Triumph also in that Court the said Father Roe without any satisfaction or positive answer being forced to leave off his prosecution and depart if not steal away privily viz. when the news of Rathmineâ— and the consequences thereof had been with so much gladness and excess of joy come to and proclaimed in Rome Then it was that all means and devices had been ordered there to make use of the present occasion of the Royals Powers declining in Ireland for either the reduction or destruction of the Anti-Nuntiotist Irish Ecclesiasticks as being the time expected when these could have but little or no support from a tottering Government a Government undermin'd hourly by its own seeming friends and therefore even professed Subjects and at the same
fortune of War and division of minds had hapned he also thought fit to change parties and look back towards the old Confederacy and consequently to be as active as others in the unhappy Congregation of Bishops at Jamestown in the year 1650. signing both their Declaration against the King 's Lieutenant and Excommunication too against all that would any way obey his Excellency This remedy not proving either useful or proper but far more noxious and the Parliament Forces gaining thereby and by the Lord Lieutenant's departure so much ground that all seemâ—d very soon after to be in a desperate condition and the Marquess of Clanrickard by Ormond left Deputy for the King in pursuance of Monsieur St. Katherin's negotiation with him from the Duke of Lorrain having sent other Commissioners to Flanders to Treat with his said Highness of Lorrain provided they had first the King's consent our Bishop my Lord of Ferns also departs the Kingdom to sollicit aids from Catholick Princes but not otherwise authorized thereunto than by the Letters of private persons albeit otherwise some of them Bishops Coming to Paris and there denied access which he desired to His Majesty our Gracious King and attributing this affront to the Marquess of Ormond he takes it to heart and speaks and both writes and prints too a little piece wherein he reflects too severely and unjustly on him the said Marquess of Ormond Which if I mistake not was it that occasion d those Books written after at Paris in opposition and answer one to the other by Father John Ponce the zealous Nuntiotist Franciscan and Richard Belings Esq that no less Ormonist than known Royalist although in former times the first Legat to Rome from the Confederates and other Princes of Italy and the very man that occasion'd the sending of the Nuncio to Ireland The negotiation with the Duke of Lorrain having come to nothing and Limmerick and Galway surrendred and consequently soon after the whole Kingdom submitted to the Parliament of England the afflicted Bishop knowing that by reason of his having on his return from Rome immediately quitted the Nuncio party and both submitted to and promoted the Peace of 1648 and of his consequential being blasted ever since by the factious Irish at Rome as an Ormonist there could be no favourable reception or accomodation expected for him in that Court he shifts the best he can for himself in several places until at last the Archbishop of St. Jago in Galicia in Spain harbour'd him generously and bountifully according to his dignity and merits where continuing for some years and officiating as a Suffragan Bishop he begun a correspondence with me by Letters soon after His Majesties happy Restauration as together with his Lordship did the good Irish Father of the Society of Jesus Father William St. Leger and either by James Cusack a Secular Priest and Doctor of Divinity or by Father George Gould a Franciscan both which came from him directly and brought me Letters hither to London he sent me some writings of his own against Ferral's Book The Book as I have noted before which not only bastardizing all those Irish not descended of the more ancient Septs or Names that possess'd Ireland even before any Invasion either of English or Danes nor only in general involving all that later brood under the Title of wicked Politicians Anti-Catholicks c. but particularly and singularly falling on the Two Ambassadors yea and taxing them with having of set purpose all along betrayed the Nuncio and his cause the Book I say that by such precious Contents from the first line to the last of it both opened our good Bishop's eyes more then any other argument could to see clearly the ultimate designs of that Party which led him blindfold so long and so often especially at Waterford in 1646. and Jamestown in the year 1650. and if I be not very much out in my conjecture was at least partly either the cause or the occasion of his beginning so and desiring a correspondence with me then anno 1662. at London he himself remaining at St. Jago What followed after his first Letters to me i. e. after what Dr. Cusack one of the first Subscribers of the Remonstrance writ him back what he return'd in the year 1662. to this Doctor what to the Duke of Ormond and me in 1665 pro or con upon the Subject of the Remonstrance what to me again in May 1666. from St. Sebastian viz. after he had received the Indiction and presuming licence to return home had quitted his good condition at St. Jago what I to him in answer and finally what he replyed to me in July that same year from Paris will best appear out of the Bishops own Letters Whereof I give here as many as I judg'd material or useful to any design of this First Tome and much the rather because he is not only the onely Bishop yet alive of those of the Irish Nation that were made before Nuncio Rinuccini's time but the onely also that endeavoured to give the best reasons he could for himself or for his own dissent as to that expected or desired from him And I must say this besides that surely had he the writer of them had as good a cause and been as much conversant in the Gallican Theology which in the point controverted is that of the Primitive Fathers of Christianity as he is both a good Orator and laying the Affairs of Ireland aside a very pious and exemplar Prelate the Irish Nation generally had never been as unhappy as it is even at this present The Roman-Catholick Bishop of Fern's Letter from St. Jago 18 Junii 1662. To the Reverend James Cusack Doctor of Divinity at London SIR BY the four last Letters I had from you to which I have heretofore answered you demand from me two things to wit an approbation of a Protestation signed by L. B. of Dromore your self and other Divines of our Nation in that City and that I would give you a power to sign a Procuratorium Father Peter Walsh hath from the Clergy of Ireland whereunto Edmund Reilly Antony Geoghegan James Dempsy and others have consented as you write to me To the same I also willingly consent and do hereby impower you to sign in my 〈◊〉 the said Procuratorium but with this limitation the said Father Walsh shall do nothing for me nor in my name touching the above mentioned Protestation until he shall receive my own express sense and answer That Protestation seems a Rock to the Divines of our Nation in this Kingdom and they wonder ye there made so easie a work of it yet of your good intentions in illo facto most of them rest well satisfied persuading themselves there was a necessity of undeceiving the Prince and clearing our Clergy from black Calumnies but they differ from you in the judgment of the matter and lawfulness of the said Protestation Briefly the opinion of the Divines here as well of our Nation
how I conceived their signing those Declarations of Sorbon might be of good use And since they were absolutely upon a new unsignificant Formulary of their own without taking notice of his Graces two former messages how the said Sorbon Declarations signed by them freely and unanimously might in great part supply the defects of their Formulary How what remained after to be supplyed might be done in a distinct Schedule which I had prepared by me to be signed by them after they all had once concurred in signing those Declarations of Sorbon if indeed they would sign all six that distinct Schedule being such as interpreted the meaning of their new Formulary of Recognition to be That they intended therein to bind themselves to continue according to the Laws of the Land faithful and obedient to the King even in all contingencies whatsoever especially of Excommunication fulminated by the Pope against the King or themselves for being obediently faithful to His Majesty as likewise to protest not only against all and every equivocation and both Mental and Vocal reservation but all Doctrines also whatsoever contrary to the true honest plain and obvious meaning or sense of the words of their said Formulary or Act of Recognition Finally how I believed there would be less difficulty in getting them to sign these matters in a distinct Schedule than to insert them in their beloved Formulary and truly no difficulty at all if once they had sign'd the six Sorbon Declarations as they offered already to me by their Committee After all which at large reported and declared I told his Grace That I knew they intended to sign their said Formulary or Act of Recognition that very day and present it at night to his Grace That notwithstanding I absented my self from them of purpose to try whether by such my absence they might be any thing the more brought to reason or to do that which was for their own advantage yet being they had so earnestly and by so many messages and that offer also of signing those six Sorbon Declarations desired my return and being moreover they were now on the point of concluding what they intended wherein it was hard or somewhat unseemly for me to single my self from them to no purpose I prayed his Graces either commands or advice as to that of my return once more to and concurring with them wherein I saw they concluded any thing Lawful how unsatisfactory or unsufficient soever otherwise it might peradventure be as to the main point in controversie or that principally expected from them And that His Grace would be pleased to give the most favourable reception he could to such persons as were to come that night from the Fathers with their Act of Recognition c. and promise them his Answer thereupon after he had taken a day or two for considering the Contents of such Instruments as they presented to him And such indeed was the only end of my going that morning to the Lord Lieutenant being continually sollicitous even during my recess from and distance or difference with the Congregation how nevertheless to do them all the good offices I could with his Grace and in one way or other to prevail with them also to do themselves and poor Clergy and People too represented by them that right in some measure at least which became the Priests of God to do now at last for a Nation rendred hitherto the most miserable of any in Europe and rendred such by their endevours and misdemeanours only And I dare say His Grace also had as real desires of their doing themselves and rest of their Nation and Religion that very same right as I had or could have whereof I am sure they themselves had very many clear Arguments but I a hundred more In pursuance of which on this very occasion of my address or discourse this morning or of my prayer not only of his advice to my self as to the point of my returning or not returning to the Fathers but of a favourable reception of the Deputies at night His Grace both commanded me to return to the Congregation and promised that reception of the Deputies which I desired yea notwithstanding that he knew as fully and throughly as I did how they had so temerariously and unworthily yea almost incredibly slighted both his former messages to them Wherefore as well in obedience to his Graces commands as in compliance with the Fathers and not to single or estrange my self wholly from them in any thing at all wherein I might comply but give them all the satisfaction I could about evening I returned and entred unexpectedly to their House even just then when they were signing a great Parchment Roll containing their new unsignificant Formulary or Act of Recognition As soon as they saw me entred their chief Leaders both welcom'd me and exprest extraordinary much contentment at my return even their Chairman himself leaving his Chair and coming some steps forward to embrace me twixt his arms as he did then telling me what they were upon and shewing the publick Instrument of Recognition they were signing and withal how together with it they had for my satisfaction prepared an other distinct Paper containing the three first of those six Sorbon Declarations which three or Paper containing them as the only of those six which seem'd to them to concern their Allegiance to the King they would then likewise presently subscribe to be together with their said Parchment Roll of Recognition presented to the Lord Lieutenant finally praying that I would concur with them in each and now after all I had all along till the present so obligingly done for them not to desert them in any respect or thing but prepare a good favourable and gracious reception for those who intended as deputed by and from the Congregation to wait on the Lord Lieutenant's Grace that night with the foresaid publick Instruments viz. the Bishop of Ardagh and himself the Chairman and that I would not only prepare their such reception but accompany also and introduce them to His Grace at such hour as I thought fit or should be appointed by His Grace When I had heard out all I answered in short That I never intended really either to seperate from or be wanting to them in whatsoever I might be useful That my late and short recess was only for their good viz. thereby to occasion their further and better enquiry into the defects of the Formulary they intended to present and their supplying those defects That although I returned not at the desire or upon the proposals of any of their several Committees sent unto me yet I begun to hope well of them when the second Committee they sent offered to me their intended Subscription of those six Sorbon Declarations That thereupon I waited on my Lord Lieutenant and informing His Grace of all the differences and whatever else passed betwixt either the Congregation it self or their said Committees and me made special use
remit the Reader to such other Books and other places also in this same Book where he may find as much satisfaction as can be desired To clear in all respects whatsoever that very matter i. e. To evince as clear as the Sun shines in his brightest meridian glory That not even so much as that very species or kind of Apostasie which is or ought to be only grounded on the sin of disobedience or contumacy against some lawful Commands or Summons can be with any justice or truth objected to Me and Caron or to either of us No not even now in the year 1673 to me alone though I confess that I have my self alone since the 20th of September 1669 at several times opposed but Canonically opposed three several Citations or Summons and Commands at the instance and by the procurement of the late Bruxel-Internuncio Airoldi and other Roman Ministers abroad and their Irish Emissaries both abroad in other Countries and at home in Ireland but of purpose to suppress utterly the doctrine of the Remonstrance sent one after another from beyond Seas yea and from the lawful or acknowledged General Superiours of my own Order enjoining me under pain of Excommunication ipso facto latae to appear before them in Forreign Countries and within the term of time peremptorily prefix'd by them So much here by occasion of that second friendly Advertisement given me by my Lord of Ferns or of that great Romans having termed Me and Caron Apostates and whose Letter terming us so my Lord of Ferns did see although otherwise to treat here of that matter was I know Forreign enough to the main scope of my third Appendage which had been sufficiently treated before And therefore now There remains only the fourth and last of all the Appendages viz. A Paper of Animadversions given to the Lord Lieutenant and His Grace's Commands laid on the Procurator Upon or by occasion of which Paper I have no more to say but 1. That when the Commissioners of the National Congregation had presented His Grace the Lord Lieutenant their new Remonstrance or new Recognition and His Grace taking time to consider and examine throughly the import thereof had shewed it to such Lords of the Kings Privy Council in that Kingdom whom He thought fit to consult in that affair before He gave His Answer to the Congregation which long'd very much to know whether He would accept thereof as satisfactory one of the said Lords viz. the Earl of Anglesey then Vice-Treasurer of Ireland now at the writing hereof Lord Privy Seal in England drew briefly some material Animadversions upon it shewing its insignificancy and unsatisfactoriness in or as to the main points wherein the Fathers should have declared themselves 2. That soon after they i. e. that Congregation had dissolved His Grace was pleased to tell me of that Paper of Animadversions and together give me the very Original of which Original as I have it by me still so I give here a true exact Copy viz. Animadversions on the Remonstrance or Protestation of the Romish Clergy of Ireland subscribed the 15th day of June 1666. WE Your Majesties Subjects His Majesties satisfaction is the pretence of both these Remonstrances of this and of the former presented by Peter Walsh the Procurator of the Romish Clergy of Ireland 1661. If the former had not been in some degree satisfactory in England it had not been offered to their Subscriptions here Therefore in differing from that they must design either to offer more which is not pretended or less which will not be enough or only to alter the expression But as to that it is not probable that they would put themselves to any stress to find out better words to signifie their meaning than those which have already obtained some acceptance It may therefore be more than suspected that they decline that first Remonstrance because it is not lyable to so many reserves and uncertainties as they would have it and they will have another of their own which is more subject to what interpretations they shall please to put upon it The truth of which Conjecture is too evident by these following particulars differing from the former Remonstrance Undoubted Sovereign Seems to signifie only him who exercises Supreme Authority but the rightful Sovereign as it is expressed in the former is he who ought to exercise that Authority As any Subject ought to be to his Prince The Pope often pretending Authority directly or indirectly over Princes in Temporal affairs this expression secures not our King of their obedience against the pretensions of the Pope And as the Laws of God and Nature require I living in Ireland will obey the great Turk as far as the Laws of God and Nature require but the former Protesters will obey King Charles as far as the Laws and Government of this Kingdom require The Laws of God and Nature are general to all Mankind and every Rebel pretends to an observation of them They design not obedience to a particular King who will not regulate it by the particular constitution of his Kingdom We will inviolably bear true Allegiance That is in their own sense as far as the Laws of God and Nature require Some make the Pope Judge of the former but every man makes himself Judge of the latter The King must please both to be sure of these men No Power on Earth shall be able to withdraw us from our duty herein This is little significant seeing their duty is tryable only by the Laws of God and Nature of which the Pope and themselves are Judges But if they intend really to oppose any design of the Pope against the King why do they not say they will do it in that Paper which pretends to secure His Majesty in that particular Their obedience to the Pope is that which makes the jealousie of their disobedience to the King Therefore to clear themselves they should have renounc'd the Popes Authority as it may be opposite to the Kings If they dare not name opposition to him how can it be expected that they will oppose him And how careful they are not to give offence to the Pope we see by their clear leaving out almost the whole Paragraph in the former Remonstrance which secures particularly against his Vsurpations If they say they decline naming him in bare respect to him it seems they prefer their Complement beyond their duty but if that be it why then do they name him in their Subscriptions to the first Proposition of the faculty of Sorbon We will to the loss of our blood assert Your Majesties Rights But they are still no more than the Laws of God and Nature allows you The Laws of the Kingdom are insignificant It is not our Doctrine that Subjects may be discharged c. But doth their Doctrine condemn and anathematize such practises Or do they condemn and anathematize that Doctrine Do they condemn the Doctrine of Suarez Bellarmine Mariana Salmeron Becanus
truely declare it is not their or it is not our Doctrine though in an other sense they cannot nor intended so to do And for to justifie this declaration distinction or equivocation they will according to the principles of equivocating Divines readily make use of that passage or words of our Saviour in the Gospel mea doctrina non est mea sed ejus qui mifit me Patris And yet when they shall find it for their advantage they will no less readily acknowledge that their intention also was to declare by those words that what follows is not the doctrine of even those very Doctors or Popes nor consequently of the Church And yet will acknowledge too this much without any prejudice to their own opinion or judgment in the points controverted and without holding themselves obliged by this Declaration understood as it ought or may not to practice accordingly For all they say in this first part of that first Proposition is We the under-named 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 They will here presently when they please and shall think fit have recourse to the several meanings of the word Authority And without any necessity of using the distinction which yet is obvious enough and frequent with them of authority in fact and authority of right they will say although not with the Doctors of Lovaine in their censure of the Remonstrance of 61. that they declare it is not the doctrine of the Romae Church that the Pope hath any authority which is purely or meerly temporal or even humane at all or by humane right ways or title acquired over the King in his temporal Affairs And that neither hath he any Divine or Spiritual which is ordinary over him in such or which at his pleasure may at all times and in all cases dispose of the Kings Temporals And after this or notwithstanding any thing here declared they will say with Bellarmine that all the most supream right or authority challenged by Popes to depose Princes and dispose of their Temporals is entire and safe enough For this grand Authority indeed they have or challenge thereunto universally is not in the rank of temporals nor in the order of humane Authorities but in that of wholy spiritual and purely divine and supernatural Is not ordinary but extraordinary or as Innocent the 3d. speaks casual only that is in some particular great and extraordinary cases or emergencies and this too ratione peccati alone as the same Innocent further saith And consequently they will say that by any such general though negative Declaration or by a Declaration in such general words only or against any Authority in general to be in the Pope this very specifical this extraordinary casual spiritual celestial divine Authority in such great unusual contingencies must never be thought to be declared against according to the maxime of Lawyers and Law before given in my Exceptions to their Remonstrance For which saying they will further yield this reason That without any such specifical meaning intended their said Declaration or Proposition may be useful to shut out of doors the Popes humane pretences or pretences of meer humane right said to have been acquired and by the present Faculty of Lovaine maintained to continue still in force to these Kingdoms by donation submission prescription feudatary title and forfeiture And that such Declaration or one against such humane pretences in particular to his Majesties Kingdoms of England or Ireland nay and Scotland too was enough to be expected from them by his Majesty without putting them to the stress of resolving on that other supereminent divine pretence and which really is to all other at least christian Kingdoms in the world or all those of other Kings and in such extraordinary cases as well as to his Majestie 's They have yet in store a third explication equivocation distinction but as fallacious as if not more than any of these two already given And I call it a third way of evasion though as to the first part of it and as to the matter in it self of that first part however the words be different it varyes not or but very little from what is already said in effect It does in indeed in the second Part as will be seen They will as occasion requires or they find it expedient say nothing of the first on the words our doctrine nor of the second on the words authority in temporal affairs But when they come to Soveraign Lord King Charles the Second they will instantly tell you as Logicians or Sophisters of their specificative and reduplicative sense And that these words bear it And that the cause it self and the conjuncture of circumstances make their recourse to this kind of distinction very lawful They will therefore when they please to proceed a third way allow it is not the doctrine not even of the Catholick Church that the Pope hath any authority not even spiritual or divine in temporal affairs over our Soveraign Lord King Charles the Second they will I say allow this Proposition or this part of that first complex Proposition but allow it only in sensu reduplicative in the reduplicative sense or as the reduplication falls on these last words Our Soveraign Lord King Charles the Second In the specificative they will deny it and withal deny it was their meaning what ever the Sorbonists meaned by the like to their own King to declare at any time or by that Proposition that the Pope had not some authority in temporal affairs over our King considered as a Criminal or Sinner though in such not any over him considered only as our Soveraign Lord and King Charles the Second They will further say that while the Pope himself or people or both joyntly suffer or tollerat Charles the Second as King the Pope hath no authority in temporal affairs over him But yet when he finds it convenient and necessary in any of those great extraordinary emergencies not to tollerat him any longer he may by his divine authority in such cases depose and deprive him of all his temporals together and transfer the right of them to another and this by way of Jurisdiction over his person as a criminal and sinner not over his person as a King not criminal or sinful They will further say and though I meaned it hitherto as the second part of this third way yet it may be also and is a fourth way of explication or evasion that allowing it not to be the doctrine of the Church that the Pope hath any Authority of Jurisdiction Power or Superiority properly such in temporal affairs over the King considered either in the reduplicative or specificative sense and allowing too that themselves intended to declare so much by the said former part of their first Proposition yet the last refuge is alwayes open A Power and Authority in the
hisce subscripsimus Kilkenniae 28 Januarii 1648. Jo Archiepiscopus Tuamen Fran Aladen Ed Limericensis THE ARTICLES OF PEACE Made and Concluded by his Excellency JAMES LORD Marquess of Ormond LORD LIEUTENANT GENERAL AND General Governour of His Majesties Kingdom of Ireland on the behalf of His Majesty WITH THE GENERAL ASSEMBLY of the Roman-Catholicks of the said Kingdom on the behalf of His Majesties Roman-Catholick Subjects of the same Re-printed in the Year M.DC.LXXIII BY THE LORD LIEVTENANT GENERAL AND General Governour Of the Kingdom of IRELAND ORMONDE VVHEREAS Articles of Peace are made concluded accorded and agreed upon by and between Vs JAMES Lord Marquess of Ormond Lord Lieutenant General and General Governour of His Majesties Kingdom of Ireland by vertue of the Authority wherewith We are entrusted for and on the behalf of His Most Excellent Majesty of the one part and the General Assembly of the Roman-Catholicks of the said Kingdom for and on the behalf of His Majesties Roman-Catholick Subjects of the same on the other part A true Copy of which Articles of Peace is hereunto annexed We the Lord Lieutenant do by this Proclamation in His Majesties Name publish the same and do in His Majesties Name strictly charge and command all His Majesties Subjects and all others inhabiting or residing within His Majesties said Kingdom of Ireland to take notice thereof and to render due Obedience to the same in all the parts thereof And as His Majesty hath been induced to this Peace out of a deep sense of the miseries and calamities brought upon this His Kingdom and People and out of a hope conceived by His Majesty that it may prevent the further effusion of His Subjects Blood redeem them out of all the miseries and calamities under which they now suffer restore them to all quietness and happiness under His Majesties most gracious Government deliver the Kingdom in general from those Slaughters Depredations Rapines and Spoils which alwayes accompany a War encourage the Subjects and others with comfort to betake themselves to Trade Traffick Commerce Manufacture and all other things which uninterrupted may increase the wealth and strength of the Kingdom beget in all His Majesties Subjects of this Kingdom a perfect unity amongst themselves after the too long continued division amongst them So His Majesty assures Himself that all His Subjects of this His Kingdom duly considering the great and inestimable benefits which they may find in this Peace will with all duty render due Obedience thereunto And We in His Majesties Name do hereby declare That all persons so rendring due Obedience to the said Peace shall be protected cherished countenanced and supported by His Majesty and His Royal Authority according to the true intent and meaning of the said Articles of Peace Given at Our Castle of Kilkenny the Seventeenth day of January 1648. GOD SAVE THE KING ARTICLES of Peace made concluded accorded and agreed upon by and between his Excellency JAMES Lord Marquess of Ormond Lord Lieutenant General and General Governour of His Majesties Kingdom of Ireland for and on the behalf of His Most Excellent Majesty by vertue of the Authority wherewith the said Lord Lieutenant is intrusted on the one part And the GEMERAL ASSEMBLY of the Roman Catholicks of the said Kingdom for and on the behalf of His Majesties Roman Catholick Subjects of the same on the other part HIS Majesties Roman Catholick Subjects as thereunto bound by Allegiance Duty and Nature do most humbly and freely acknowledge and recognize their Sovereign Lord King Charles to be lawful and undoubted King of this Kingdom of Ireland and other His Highness Realms and Dominions And His Majesties said Roman Catholick Subjects apprehending with a deep sense the sad condition whereunto His Majesty is reduced as a further humble Testimony of their Loyalty do declare That they and their Posterity for ever to the uttermost of their power even to the expence of their blood and fortunes will maintain and uphold His Majesty His Heirs and lawful Successors their Rights Prerogatives Government and Authority and thereunto freely and heartily will render all due obedience OF which faithful and loyal Recognition and Declaration so seasonably made by the said Roman Catholicks His Majesty is graciously pleased to accept and accordingly to own them his loyal and dutiful Subjects and is further graciously pleased to extend unto them the following graces and securities I. IMprimis It is concluded accorded and agreed upon by and betweeen the said Lord Lieutenant for and on the behalf of His most Excellent Majesty and the said General Assembly for and on the behalf of the said Roman Catholick Subjects And His Majesty is graciously pleased that it shall be Enacted by Act to be past in the next Parliament to be held in this Kingdom That all and every the Professors of the Roman Catholick Religion within the said Kingdom shall be free and exempt from all Mulcts Penalties Restraints and Inhibitions that are or may be imposed upon them by any Law Statute Usage or Custom whatsoever for or concerning the free exercise of the Roman Catholick Religion And that it shall be likewise Enacted That the said Roman Catholicks or any of them shall not be questioned or molested in their Persons Goods or Estates for any matter or cause whatsoever for concerning or by reason of the free exercise of their Religion by vertue of any Power Authority Statute Law or Usage whatsoever And that it shall be further Enacted That no Roman Catholick in this Kingdom shall be compelled to exercise any Religion Form of Devotion or Divine Service other than such as shall be agreeable to their Conscience and that they shall not be prejudiced or molested in their Persons Goods or Estates for not observing using or hearing the Book of Common Prayer or any other Form of Devotion or Divine Service by vertue or colour of any Statute made in the second year of Queen Elizabeth or by vertue or colour of any other Law Declaration of Law Statute Custom or Usage whatsoever made or declared to be made or declared And that it shall be further Enacted That the Professors of the Roman Catholick Religion or any of them be not bound or obliged to take the Oath commonly called the Oath of Supremacy expressed in the Statute of Secundo Eliz. cap. 10. or in any other Statute or Statutes and that the said Oath shall not be tendred to them and that the refusal of the said Oath shall not redound to the prejudice of them or any of them they taking the Oath of Allegiance in haec verba 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
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
Roman-Catholicks the 17th day of January 1648 and in the 24th year of the Reign of Our Sovereign Lord CHARLES by the Grace of God King of Great Britain France and Ireland c. ORMONDE The DECLARATION intituled thus A Declaration Of the Archbishops and other Prelates and Dignitaries of the Secular and Regular Clergy of the Kingdom of Ireland AGAINST The continuance of His MAJESTIES Authority in the person of the Marquess of ORMOND Lord Lieutenant of Ireland for the misgovernment of the Subject the ill Conduct of His MAJESTIES Army and the violation of the Articles of Peace Dated at Jamestown in the Convent of the Fryers Minors August 12. 1650. 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 the 17th of January 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 II. hereby 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 nor His Queen or Prince of Wales in condition to send any supply 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 obtained by the above Pacification and thereby freed 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 judge if this be not an undeniable Argument of Loyalty This Peace being so concluded the Catholick Confederates ran 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 said 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 Natives which he began by violating the Peace in many parts thereof as may be clearly evidenced and made good to the World I. FIrst The foresaid Catholicks having furnished his Excellency with the aforesaid Sum of Money which was sufficient to make up the Army of Fifteen thousand Foot and Two thousand five hundred Horse agreed upon by the Peace for the preservation of the Catholick Religion our Sovereigns interest and the Nation his Excellency gave Patents of Colonels and other Commanders over and above the party under the Lord Baron of Inchiquin to Protestants and upon them consumed the substance of the Kingdom who most of them afterwards betrayed or deserted us II. That the Holds and Ports of Munster as Cork Youghal Kingsale c. were put in the hands of faithless men of the Lord of Inchiquin's Party that betrayed these places to the Enemy to the utter endangering of the KING's interest in the whole Kingdom This good service they did His MAJESTY after soaking up the sweet and substance of His Catholick Subjects of Munster where it is remarkable That upon making the Peace his Excellency would no way allow His Loyal Catholick Subjects of Cork Youghal Kingsale and other Garrisons to return to their own Homes or Houses III. Catholick Commanders instanced by the Commissioners of Trust according to the Pacification and hereupon by his Excellencies Commission receiving their Commands in the Army as Colonel Patrick Purcel Major General of the Army and Colonel Peirce Fitz-Gerald alias Mr. Thomas Commissary of the Horse were removed without the consent of the said Commissioners and by no demerit of the Gentlemen and the said places that of Major General given to Daniel O Neil Esq a Protestant and that of Commissary of the Horse to Sir William Vaughan Knight and after the said Sir William â—s death to Sir Thomas Armstrong Knight both Protestants IV. A Judicature and legal way of administring Justice promised by the Articles of Peace was not performed but all process and proceedings done by Paper Petitions and thereby private Clerks and other corrupt Ministers inrich't the Subject ruined and no Justice done V. The Navigation the great support of Ireland quite beaten down his Excellency disheartning the Adventurers Undertakers and Owners as Captain Antonio and others favouring Hollanders and other Aliens by reversing of Judgments legally given and definitively concluded before his Commissioners 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 VI. The Church of Cloine in our possession at the time of making the Peace violently taken from us by the Lord of Inchiquin contrary to the Articles of Peace no Justice nor redress was made upon Application or Complaint VII That Oblations Book monies Interments and other Obventions in the Counties of Cork Waterford and Kerry were taken from the Catholick Priests and Pastors by the Ministers without any redress or restitution VIII That the Catholick Subjects of Munster lived in slavery under the Presidency of the Lord of Inchiquin these being their Judges that before were their Enemies and none of the Catholick Nobility or Gentry admitted to be of the Tribunal IX The Conduct of the Army was improvident and unfortunate Nothing hapned in Christianity more shameful than the disaster at Rathmines near Dublin where his Excellency as it seemed to ancient Travellers and men of experience who viewed 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 Droghedagh unrelieved was lost by storm with much bloodshed and the loss of the flower of Leinster Wexford lost much by the unskilfulness of a Governour a young man vain and unadvised Ross given up and that by his Excellencies order without any dispute by Colonel Luke Taffe having within near upon 2500 Souldiers desirous to fight After that the Enemy make a Bridge over the River of Ross a wonder to all men and understood by no man without any let or interruption our Forces being within Seven or eight Miles to the place where 200 Musqueteers at Rossberkine being timely ordered had interrupted this stupendious Bridge and made the Enemy weary of the Town Carrig being betrayed by the
and us IV. They proposed that an Vnion cannot be had or preserved for preservation of the Nation without keeping the King's Authority among us for that many of those considerable will instantly make their conditions with the Enemy the Kings Authority being taken away and that there is no hopes of leaving that Authority with us but by revoking the Excommunication and the Declaration for it will not be left by the Lord Lieutenant or undergone by Clanricard but on those terms Whether there is ground for the sense of the Commissioners delivered in and upon these heads We leave to themselves to make good and to the event that shall follow the refusal of the Prelates to hearken or assent to the Proposals of the said Commissioners But finding that in the Reasons given by the said Prelates for their refusal and in the Advices they give for the union and preservation of the Nation they have repeated some of those things wherewith VVe were formerly unjustly charged by them and have framed new objections against Us VVe shall take a particular view of each of them and as far forth as VVe conceive Our Self concerned shall give Answers to them though VVe had reason to hope That if the offer VVe made should not meet with the success VVe desired that yet so affectionate a manifestation of Our love to the Nation transporting Us to an overture of reconciliation with those that had so much injured Us would not have given ground for repeating of old and casting new Aspersions upon Us. Answers of the Committee to the Proposals of the Commissioners before recited First Article The abovementioned Letter was read containing his Excellencies undertaking for asserting the Peace and his demands of two Provisoes to that end Where we observe his Excellency informed His Majesty of certain disobediences and affronts put upon the Kings Authority and consequently suggested matter to His Majesty of making His Declaration against the Peace Answer VVe have in Our Answer * * Pag. 115. to the 11th Article of their Declaration answered to this Introduction and Our Letter out of which they make this Collection is but newly recited * * Pag. to which VVe refer them Second Article We have perused the King 's Declaration disavowing of the late Peace And are of opinion for ought to Vs appearing That the King hath thereby withdrawn His Commission and Authority from the Lord Lieutenant This is clearly proved out of a branch of the said Declaration taking away and nulling all Commissions granted by him In that Declaration the King will have no friends but the friends of the Covenant Hence it is evidently inferred That His Majesties Authority is taken away from the Lord Lieutenant unless he be a friend to the Covenant as we conceive he is not But if he be he is not our friend nor to be trusted by us in having authority over us In the same Declaration the Irish Nation as bloody Rebels are cast from the protection of the Kings Laws and Royal Favours It may not therefore be presumed That He would have His Authority kept over such a Nation to govern them We do join with you in that you represent to wit there is no safety to be expected from Covenanters or Independents for the Catholick Religion or this Nation If that of the Peace be proved the onely safety we are for it However we conceive the benefit thereof is due to us having made no breach of our part Answer Here they readily declare their opinion concerning His Majesties having recalled Our Commission and take pains to prove it by an unavoidable dilemma or that at least We are not their Friend nor to be Trusted by them and by another strong Argument they endeavour to prove His Majesty would not have His Authority at all kept over this Nation VVhen by this means they have as they think shewed it impossible That the Peace can be continued which they know it cannot without the continuance of the Kings Authority then they say if the Peace be proved the onely safety they are for it and that however they conceive the benefit thereof is due to them having made no breach on their part If they would make it their business to seek for Arguments to keep the Kings Authority over them they might perhaps find many and these as convincing as those they have found to dispute it out of the Kingdom as The Conclusion and Ratification of the Peace here by vertue of His Authority precedent to the Declaration seeming to annul it the certainty that He was in a free condition when he gave the said Authority and ratified the Peace concluded by it and The question that may be made whether he was so when he declared against it and lastly That by the Articles of Peace He is obliged to continue His Authority here from which obligation no Declaration at least importuned from Him by His Subjects of Scotland can free Him or take from this Nation who have no dependence on Scotland the benefit of the Agreement made by His Majesty with them Upon these grounds it was That until His Majesty had been fully informed in all that had passed here and declared his free sense upon it We offered to justifie the lawfulness of concluding the Peace and the continuing validity of it to those that had not forfeited their interest in it if We might have had the concurrence of these Bishops and obedience in the places by the strength and means whereof it might have been justified And surely this was an offer not meriting the scorn and bitterness wherewith it was rejected If they that contrived this Paper have made no breach of the Peace on their part We have lost much labour in the forepassed discourse But We believe We have proved they have made many and those the highest it was possible to make And sure they must be very partial on their own side if they think the benefit of a thing they reject is due to them Third Article Something of our sense concerning what way may tend best to the Nations preservation we will say beneath and do offer our clear intentions before God to join with you and all men in what will be found the best and safest way to such preservation Answer This is onely a profession which requires no Answer from Us. Fourth Article We are of opinion and did ever think all our endeavours should be employed to keep the Kings Authority over us But when His Majesty throweth away the Nation from His protection as Rebels withdrawing His own Authority we cannot understand this mystery of preserving the same with us and over us or how it may be done Whereas you say That many of those considerable will instantly make their conditions with the Enemy if the King 's Authority be taken away by himself as by His Declaration it is and not driven away by the Subject in such case when the People may not hold it likely they
amongst the same Protestants to perswade themselves that however in our neighbouring Catholick Kingdoms the Article of Transubstantiation and the Doctrine of the Bishop of Rome's universal Monarchy or of his both spiritual and temporal supreme Jurisdiction do not walk hand in hand together yet amongst the generality of Roman Catholicks in these Nations it hath been otherwise continually these last hundred years and is at present whether in the mean time this proceed out of Ignorance or Interest or both XIII That thus at last the only true both original and continual causes on our side of all the severe Laws and of all the other grievous misfortunes and miseries past and present which we complain of and groan under as peculiar to the Professors of the Roman Catholick Religion in these Nation appearing to be and really being such as I have hitherto discoursed none can be so short sighted or so unapprehensive as not without further discourse to understand likewise the only Christian and proper efficacious remedy of all the said evils for what I mean concerns the future and our own endeavours and concurrence with God and man to help our selves For certainly nothing can be more obvious to reason than that since our own either formal or virtual express or tacit owning of so many uncatholick Positions and so many unchristian practises by our continual refusing to disown them or either of them in any sufficient manner or as we ought by any proper Test hath been of our side hitherto the only immediate cause of all our woes and especially of all those legal Sanctions which upon due reflection do without doubt render our best condition even at present anxious it must follow That the only proper true and efficacious remedy on our side also must be at last our own free and unanimous and hearty and conscientious disowning of all and every the said erroneous Positions and wicked practises even by such a publick full and clear Instrument or Declaration and Oath as may satisfie all Protestants of our utter Aversness and Enmity to all Rebellious Doctrines and Practises whatsoever especially to those which tend to the maintaining of any kind of temporal Dominion or Jurisdiction direct or indirect or even any spiritual Power or Authority which may have the effect of such temporal in the Pope or See of Rome over his Majesty or any of his Majesties Subjects or at all within the Realms of England Ireland or Scotland or within any of the other Dominions acknowledging his Majesty even in any case of contingency imaginable especially in case of either true or only pretended Apostacy Heresie Schism c. and such publick Instrument Declaration and Oath so full and clear even also against all equivocations and both mental and vocal evasions whatsoever to be in your name together with your Petition most humbly presented to the King and Parliament some time this present Session by your sufficient Representatives the Roman Catholick Lords or such of them as will be pleased to take these matters to heart XIV That when in such manner as you ought you have performed that duty which you have so long owed to God and the King to your Country and Religion to the Christian Church in general and all mankind and amongst them to your selves and your posterity after you and when you have thereby done your part to disarm all the anger of the Presses and to silence all the clamor of Pulpits and put an effectual stop to a thousand new Invectives and ten thousand more Sermons preparing to incense the Protestant people against you i. e. when by such a publick Instrument or solemn Declaration and Religious Oath of the generality of your Nobles Ecclesiasticks and Gentry you shall have quite rendred unsignificant their I know not which more affrighting or bewitching Theme quite destroyed their Common place and no less effectually than clearly answered their only grand Objection against your Liberty viz. That of The inconsistence of the safety of a Protestant Prince or State or Kingdom or People with Liberty in the same Dominions given to Roman-Catholick Subjects and consequently when by doing so you shall have done your selves all the greatest right you can think of viz. you shall have conform'd to the inward dictates of a good Conscience wiped off from your holy Religion the outward scandal of most wicked Principles yielded to victorious Truth wheresoever you behold her and which is and must be consequential when you shall have thus after a tedious contest of above a hundred years advanced on your side the first considerable step to meet half way the Right Reverend Prelates and other learned Teachers of the Church of England in order to a happy reconciliation at last of the remaining differences then may you confidently expect from their side also i. e. from his most Gracious Majesty and the great Wisdom and Piety of both Houses of Parliament all that ease relaxation indulgence peace kindness love which by any men dissenting yet in so many other points from the Religion established by Law can be in reason expected even a Repeal at least of all the Sanguinary and Mulctative Laws For to expect an equality in all priviledges with those that are of the Protestant Church until God be pleased to bring you nearer them or them to you than in a meer profession how real and cordial and universal or comprehensive soever of Allegiance to the King in Temporal or Civil Affairs only I say till that day come which we pray for it will I believe seem unreasonable to your selves to expect that equality with them which they were not to expect of you if you had the power in your hands and they were in your condition How can they in reason expect so much favour as they now shew us if they retain any memory of former times and consider the now prevailing Party amongst us and Papal Constitutions even at this present governing that Party at least in relation to such as are reputed Hereticks or Schismaticks by the Consistory at Rome XV. That of those Ecclesiasticks who as the English Opposers of the Oath of Allegiance or the Irish Persecutors of the Loyal Remonstrance shall endeavour to persuade your continuing alwayes Rigid Papalins maugre Heaven and Earth and to stifle any motion or thought of giving a Protestant Prince or Parliament any more satisfaction in the principal point either of Consistence or Inconsistence c than your selves or your Predecessors have given hitherto some of them are naturally averse to the Crown of England and would be so though it were as entirely devoted now to the See of Rome as it was at Dover when King â—ohn laid it there at the Legat's feet others are daily expectants of Mitres and Titles and Bulls and Dignities from that City of Fortune others have already taken the Formal or Ceremonial possession of their now most Illustrious and most Reverend Lordships and these also have already at their Consecration
clearest both Texts and Reasons imaginable Of all which manifold Authorities of Reason Gospel Humane Laws and Canons having had sufficient knowledge when I engaged in the Controversie and more when for so engaging and for that only I was so strangely prosecuted by Summons Censures c I thought that even my duty to you and the regard I was bound to have of your common interest required of me to make the best use I could of that knowledge in order to your publick good as well on the one hand to assert your and my both Native and Christian right against them that invaded it by those unlawful proceedings as also on the other hand to shew at least in one instance the untruness of that Proposition whereof depends and wherein lies the whole stress of the grand Objection against you which if I be not much deceived is in substance this viz. That for any Roman-Catholick Priest holding firmly to all and every the Articles of Faith undoubtedly believed or at least own'd as such amongst all Roman-Catholicks universally and observing all other duties required of him by the Canons received generally in the National Churches of that Religion it is impossible to be in all cases or contingencies whatsoever indispensably or unalterably obedient and faithful to a Protestant Prince or Kingdom or Government not even in so much as in all meer Civil or Temporal things onely according to the Laws of the Land especially if the Pope command him to the contrary under pain of Excommunication Now as I have behaved my self hitherto I am sure I have manifestly enough proved the untruth of that Proposition and by consequence for as much as pertains to me have really answer'd the grand Objection deducible from it And so have not a few other Irish Priests even all those who together with me suffered very much for many years in the former Cause of the Nunoio or in this latter of the Remonstrance or in both and have not as to either condemn'd or contradicted themselves hitherto by any unworthy submission though at last compellâ—d to silence and in other matters forced to desert me and to submit to their Adversaries Nor do I at all doubt but rather am certain there are this day within England above Five hundred Native Priests beside a great many more in Ireland however at present weathering out the storm so fully resolved for the future in their own persons and cases likewise to disprove that Proposition and to satisfie the Objection built thereon That if His MAJESTY and both Houses of PARLIAMENT may be graciously pleased to try them once with an Act of Grace after a hundred years punishment and to take off I say not any other Incapacity but onely that of living in their Native Countrey that when at home they have satisfied the State they may not be driven abroad to beg or starve and be there exposed to all the rage and violence of the Roman Court they will by a publick Instrument signed under all their hands declare as amply and clearly and heartily against all the foresaid new Doctrines and Practises and all other whatsoever groundless vain pretences of Rome as I have done or as that Act shall require and will be ready to renew that Assurance as oft as shall be required and even to expose their Lives if need be in defence of it notwithstanding any Declarations Precepts or Censures of the Pope to the contrary Third Appendage relating to the Sixth Querie That I know and cannot but mind you of what the Roman-Catholicks of these Kingdoms have lost even since the King 's most happy Restauration by not being advised by Church-men of honest principles in point of His Majesties independent Power and the Subjects indispensable Obedience to Him in all Civil or Temporal things according to the Laws of the Land They have lost three fair opportunities of being not only eased of all their pressures from the penal Statutes but rendred as happy as they could in reason desire or even wish under a Protestant King and Government The first opportunity was offered them in England in the year 1661 when it was earnestly and strongly moved in their behalf in the House of Lords to Repeal the Sanguinary Laws in the first place and a Hill was drawn up to that purpose The second and third were in Ireland the former in the year 1662 when a discontented Party of the Adventurers and Souldiers there had laid their design for surprizing the King's Castle at Dublin and the latter in the year 1666 when we were in the first War with Holland and near to it with France and the Irish National Congregation of the Roman-Catholick Clergy was by occasion of that War suffered to convene at Dublin in order to assure the King of their fidelity How happy the Roman-Catholicks in general might have been if they had taken time by the forelock in any of those three opportunities especially in the first may be easily understood And how unhappy their neglect or wilfulness hath proved to themselves I cannot but with grief of heart consider The rather because I was my self the onely man employed first to the Roman-Catholick Clergy both of England and Ireland on the foresaid occasions to prepare them against any obstruction from themselves of the favours intended towards them and that nothing else was required on the first occasion from those in England but their being ready to take the Oath of Allegiance onely as in the Statute 3 Jacobi His Majesty being then inclined to have dispens'd with them for the Oath of Supremacy nor in the second and third occasion was any thing required from those of Ireland more than their Signing the Loyal Remonstrance or Formulary which had been Sign'd before in the year 1661 by some of their own Ecclesiastical Brethren and so considerable number of their Nobility and Gentry For my own part I am morally certain that if those fair opportunities had not been slighted or if either the one or the other condition had been embraced you should not have seen in your dayes any such tryal of men for bearing office as that you complain of so much now a renouncing of the Doctrine or Tenet of Transubstantiation according to the late Act of the Parliament of England And I am no less certain that had you hearkned to the advice of any of those many virtuous learned Church-men amongst you who have as much true zeal according to knowledge even for the splendor of Catholick Religion and as much true reverence for and obedience to His Holiness as according to Reason or Christianity they can have and withall are truly well affected and rightly principled as to that faith and obedience which they and you all owe by the Laws of God and man to the Temporal Government you had neither slighted any of those good opportunities nor neglected to embrace either of those two most reasonable conditions Fourth Appendage but relating to all the Queries generally
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
that they might be free from all tyes of Duty Faith Obedience and Acknowledgment or Recognition of His Majesties Authority over them c. 1. This general Exception proved manifoldly viz. 1. By four several Instances of such Variation 2. By two notable Observations added to those Instances 3. By examining all and every of the several parts periods or clauses of their said Remonstrance and what their meaning in each must be and consequently by discovering all their subtlety of Ampliations Restrictions Abstractions Constractions Modifications Equivocations Reservations in fine all their Evasions and Subterfuges yea their beloved distinctions as well of Fact and Right as of the reduplicative and specificative sense 4. By Eighteen special Exceptions All from pag. 1. to 20 or last of this Second Treatise First special Instance of such variation and most material change 2. Second special Instance thereof 3. Third special Instance 13. Fourth and last Instance 14. These Instances back'd with two notable Observations more First Observation 16. Second Observation 17. One passage of their Remonstrance examined 2 3 5. Another 4. Two more 6. A Fifth 7. Sixth passage 8. Seventh 9. Their Conclusion 10. And after all the very beginning of their Remonstrance however it be in these words We Your Majesties Subjects the Roman-Catholick Clergy of Ireland together assembled do hereby declare and solemnly protest before God and his Holy Angels That we own and acknowledge Your Majesty to be our true and lawful King Supreme Lord and undoubted Sovereign as well of this Realm of Ireland as of all other His Majesties Dominions This very specious beginning and these very words I say as proceeding from the said National Congregation and as relating to all as well the Clauses inserted after as those purposely omitted is and are evidently proved to signifie a meer nothing 10 11. Eighteen special Exceptions against the said Remonstrance of the National Congregation 18 19 20. In the Third Treatise Which considers the Three first Sorbon Propositions as applied and published by the Dublin Congregation THere can be no more assurance of the present or future faith of those Congregational Subscribers from their Subscriptions to the said three Propositions added to their Remonstrance than was before intended by them in or could be from their sole Remonstrance taken according to or in that sense of theirs declared and proved to be theirs in the former Treatise Pag. 21. The unreasonable obstinacy of the Congregation as well in framing their said Remonstrance as in applying their said three Propositions both manifestly and manifoldly appears 23. First and second Argument to prove this ib. Third Argument which is ab intrinseco 24. The said three Sorbon Propositions applied c. 25. Four several Explications of the first of those three Sorbon Propositions and all those Explications own'd by the chief Divines of that Congregation ib. First Exposition 25. Second and Third 26. The Fourth and last 29. Expositions questionless even each or every of them able to â—â—ict from any man this confession that for neither of both parâ—s or both together the first Proposition adds nothing at all to their Remonstrance Pag. 30. Their second Proposition lyable to the same Exceptions Abstractions Reservations Equivocations and even Distinctions of the reduplicative and specificative sense ib. Their third Proposition also how specious soever yet as from them is wholly insignificant as being subject especially to the distinctions of the reduplicative and specificative sense of fact and of right of humane or temporal and divine or spiritual yea of ordinary and extraordinary c. 31. Third Argument in form 30. Proofs that the three Sorbon Propositions both in themselves and as applyed by the foresaid Congregation are lyable rationally to such Constructions 33. Fourth and Fifth Argument 34. An Evasion obviated 35. The Parisian Censure of Sanctarellus at length 35 36. Confirm'd by the seven other Vniversities of France 38. In the Fourth Treatise Containing Answers to the Reasons why the Congregation would not Sign any of the three latter of the Six Sorbon Declarations c. THeir Title might not ungroundedly be turn'd to this other The Jesuits Reasons unreasonable Pag. 39. The three rejected Propositions or Declarations 40. The first Paragraph of their Paper of Reasons c. contains the first or rather onely general Reason alledg'd by the Congregation for rejecting them ib. That general Reason is in effect either the Impertinency of all and each of the said Fourth Fifth and Sixth of the Six late Sorbon Declarations to assure His Majesty of Great Britain of the future Allegiance of the Irish or is the insignificancy of the same three later Propositions to assure Him any more or better of the Irish Clergies Fidelity than His Majesty might have been by their two former Instruments viz. their Remonstrance and their three first of the said six Sorbon Propositions ib. The end which the Author hath in answering as well that first or rather onely indeed but no less false than general Reason as all the rest following I confess pretended but in truth likewise very false specifical Reasons or rather pretended specifical Proofs of the foresaid general one viz. by Induction of particulars ib. The second Paragraph of their Paper i. e. the first of their specifical Reasons or Proofs viz. That they look'd upon the Fourth Proposition of Sorbon as not material in their debate For c answer'd by demonstrating the contrary as to every point of their Allegations 41 42 43 44. Particularly their speaking these words We conceive not c. in their general Reason and in their said first specifical these other words We look'd upon it c. so much in truth against their own certain knowledge and therefore Conscience answered 40 41. And their horned Argument or Dilemma answer'd 42. And their saying that they conceive not what more they might have said thaâ— hath been touch't already positively in their Remonstrance answer'd 43. They might in terminis applying the said Fourth to themselves have said That we do not approve nor ever shall any Propositions contrary unto our Kings Authority or true Liberties of the Irish Church and Canons received in the same Kingdom for example That the Pope can depose Bishops against the same Canons 41. And more at large discoursed upon Pag. 43. And their saying That they admit not any Power derogatory to His Majesties Authority answered 44 45. Third Paragraph of their Paper containing their next two specifical Reasons or Proofs and Arguments for their general one and for what particularly I mean concerns the Fifth Sorbon Declaration viz. their alledging first That whether the Pope or a General Council be above or not above c. is a School Question of Divinity which they thought not material to their affairs to talk of secondly That they conceive it not only impertinent but dangerous c. in the consequence to deny the Pope to be above a General Council for then it would follow that they must
neither that nor his offer to put himself into the City when Ireton was encamped before it could prevail with them 30. The Proceedings of the Bishops about this time i. e. their clandestine Assembly at Jamestown of their own meer motion and power without any licence approbation permission or knowledge of his Excellency ib. The Letter dated 24th of July 1650 and Signed by Thomas Flemming Archbishop of Dublin and John Burk Archbishop of Tuam to his Excellency which shews what kind of Assembly that of Jamestown was like to be ib. His Excellencies Answer from Roscommon to that Letter 2d of August that year 91. He leaves it to the judgment of the General Assembly of Loghreogh to which he writes Whether the most absolute Monarch of Christendom could after a more Kingly manner have required the advice of his Subjects or with a more negligent State have promised gracious Answers than these two Archbishops did from and to him in their said Letter 92. His Answer to the said two Archbishops produced the expressions you will find in a Letter of the whole Congregation it self to his Excellency from Jamestown dated 10th of August 1650 and subscribed by them which was also a Letter of Credence viz. to be given by his Excellency to the Bishop of Dromore and Dr. Charles Kelly 92. Particulars of the Message sent from the said Congregation by the Bishop of Dromore and Dr. Charles Kelly to his Excellency and by these Messengers or Commissioners delivered on the 13th of August 1650. 93. Neither by this Message nor the Letter of Credence of the 10th of August could any imagine that the satisfaction the Prelates do seemingly promise in both to give should be their Declaration against his Person and Authority and their Excommunication too against any that would feed help or adhere unto him both dated 11th and 12th of August the very next dayes after they had sent the above-recited both Letter and Message 93 94 96. His Excellencies Answer from Loghreogh on the 31 of August same year to the Prelates met at Jamestown i. e. to their said Letter of Credence 94. His Answer also to the particulars of the Message 95. The unhandsomness first injustice next and lastly the rashness of their said both Declaration and Excommunication 96. What not only an invasion these proceedings of the Bishops is upon the Regal Power but usurpation also on the freedom of the Nobility and Commons is fit for the General Assembly of all the Three Estates viz. then sitting at Loghreogh to consider ib. Letters from the Bishop of Clonfert and Doctor Charles Kelly to the Officers of the Army under the command of the Lord Marquess of Clanrickard and from the Bishops of Raphoe Killala and Fearns to the Earl of Westmeath and other Officers 96 97. Reflections on these Letters ib. The grounds of the Congregations or the Jamestown Assemblies proceeding to an Excommunicating of all that should feed help or adhere to his Excellency the Kings Lieutenant of that Kingdom are set down in their Declaration 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 Fryarâ— Minors the 12th of August 1650. 98. Reflections on this Title Pag. 98. Now supposing they were the Monarchs they would be and let the grounds of their Excommunication set forth by them be duly examined it will be found that their sentence is most unjust So that as their Tribunal is usurped their Judgment is erroneous ib. The Preamble of their Declaration and His Excellencies Answer to that Preamble 99 100. First Article of their Declaration and his Answer 101. Second Article and its Answer 102. Third Article and its Answer 102 103 104. Fourth Article and its Answer 105 106. Fifth Sixth Seventh and Eighth Article with his Answers 107 108 109. Ninth Article which is concerning the conduct of the Army ib. Answer at large to this Ninth Article 109 110 111 112 113 114. Tenth and Eleventh Article and Answers to them 115. Twelfth Article and the Answer thereunto 116. Thirteenth Fourteenth and Fifteenth Article with Answers to them 117 118. Conclusion of the Declaration 119. The Names of those who Subscribed this Declaration both at Jamestown and Galway 119 120 121 122 123. His Excellency having on the 13th of October the same year 1650 received in Print His Majesties Declaration made in Scotland against the Peace concluded in 1648 with the Irish he assembles the Commissioners of Trust on the 23d of October shews them the said Declaration made by His Majesty and by their advice and consent issues his Letters of the 24th of October for the meeting of the Assembly * This was the Assembly unto which His Excellency writ this long and excellent Letter whereof I give here the Heads understand you a General or National of all the Three Estates of the Roman-Catholicks of Ireland at Loghreogh on the 15th of November that same year 1650. He writes also on the foresaid 23d of October his Letter dated at Inis to the said Commissioners of Trust assuring them he would stand by the Irish Nation for maintaining to them the said Peace of 1648 until they could have free access to His Majesty provided they of their part did four things Whereof the first is That in the mean time all the Acts Declarations and Excommunications against him and the People obeying him issued by the Bishops met at Jamestown the former August be revoked by the same Bishops c. See that Letter at length 124. This offer with all the four necessary conditions annexed to it was satisfactory to the said Commissioners of Trust as appears by their Letter of the 24th of Octob. dated at Inis to His Excellency which you may read 125 126. In compliance with their desire expressed in their said Letter His Excellency gave way to their Treating with the Prelates at Galway ib. Proposals accordingly made the 29th of October 1650 by the same Commissioners to the Committee of Bishops at Galway And His Excellencies brief Animadversions upon those Proposals if not rather in general upon the Answers made by the said Committee of Bishops 127. Those Answers themselves in terminis of the Committee to the said Commissioners of Trust in Four Articles together with His Excellencies Replies to each of them 127 128 129. After the said Four Articles of their Answers the Bishops resolve thus in express terms viz. Upon consideration of the whole matter we may not consent with safety of Conscience to the Provisoes of Revoking our Declaration and Excommunication demanded by His Excellency or granting any assurance to Him or the Commissioners of Trust for not attempting
Dignities and Offices whereby they constituted the said Father Walsh their Agent and Procurator to His Majesty and great Ministers to kiss His Majesties hands in their behalf and name c. Giving him moreover all the power authority and jurisdiction they could to act for them and the rest of the Clergy and Catholicks of Ireland and to do all things he should find expedient in order to obtain what favours His Majesty should think fit by connivence or otherwise for the exercise of their Religion and to save them from persecution on that account To which Instrument of Procuration many others afterwards did subscribe and put their Seals as soon as they saw it in particular the Bishop of Dromore and the Bishop of Ardagh with their own hands and the Bishop of Ferns by his proxy and special Commission from Spain to that end That the rest of the chief Superiours of the Clergy in other parts of Ireland did not the reason was given that the times then when it was done and sent to London were such as no Messenger would undertake to go about with the Instrument and to meet together it was impossible and all thought it sufficient for all that the Primate and those other Bishops and Vicars General had already done it especially whereas it was known that the Primate himself drew that Instrument Which I thought fit to insert here word by word as it is in the original writing To the end some persons who are yet unsatisfied in this matter may see what warrant the said Procurator had from the Clergy themselves to act for them and urge them far more yet then he hath to do themselves right In Dei nomine Amen Sciant vniversi per praesentes quod nos qui huic instrumento Procuratorio subscripfimus eligendum duximus sicut per praesentes eligimus nominamus facimus et constituimus Reverendum admodum et venerabilem virum Fratrem Patrem Petrum Valesium Ordinis Sti Francisci Recollectum S. Theologiae Lectorem c. nostrum Procuratorem Agentem et negotiorum Actorem et Gestorem ut nostro omnium nomine et vice osculetur Sacras manus Serenissimi Domini Regis nostri Caroli II. congratuleturque ejus felici et faustae inaugurationi et ingressui in sua Regna Monarchiam et Imperium Eidemque Serenissimo Domino Regi vota et preces nostras humiliter offerat et praesentet et coram sua Sacra Majestate Judicibus Commissionariis Delegatis et Ministris quibuscumque ab eodem Serenissimo nostro Rege ad id deputatis aut deputandis proponat agat sollicitet et promoveat causam Catholicorum et libertatis sive tollerantiae exercitii Religionis Catholicae in hoc regno Hiberniae Vt saltem procuret nobis eas conditiones favores et gratias quae in Articulis Pacis et Reconciliationis an 1648. compositae ratae et confirmatae inter Excellentissimum Dominum Marchionem Ormoniae et Confederatos Catholicos pactae et promissae nobis fuerunt omniaque alia proponat agat et concludat nostro omnium nomine quae in ordine ad dictam sollicitationem et Agentiam necessaria aut conducibilia fuerint Proinde damus eidem venerabili et Rdo. admodum Patri omnem potestatem Authoritatem et Iurisdictionem in quantum possumus aut debemus ut ad debitum effectum perducat pacem tranquillitatem et quietem Religionis Catholicae in hoc Regno Rogantes ut eidem credentia et fides abundé in omnibus habeâtur In quorum fidem has signaturis et sigillis nostris muniri fecimus Primo Jan. 1660. In the name of God Amen Be it known to all men by these presents that we who have subscribed this Procuratory Instrument have thought fit to elect as we do by these presents elect name make and constitute the very Reverend man Father Peter Walsh Recollect of the Order of St. Francis and Reader of holy Theology c. our Procurator Agent Actor and Doer of our affairs that in all our names and place he may kiss the Sacred hands of our most Serene Lord and King Charles the Second and congratulate his happy and fortunate inauguration and ingress into his Kingdoms Monarchy and Empire and that he may humbly offer and present unto the same most Serene Lord and King our vows and prayers and that before his Sacred Majesty Judges Commissioners and Delegats and other Ministers soever deputed already or hereafter to be deputed by the same our most Serene King he may propound act sollicit and promote the cause of Catholicks and of the liberty or tolerancy of exercise of Catholick Religion in this Kingdom of Ireland That at least he may procure to us those conditions favours and graces which in the Articles of Peace and Reconciliation in the year 1648. compounded ratified and confirmed betwixt the most excellent Lord Marquess of Ormond and the Catholick Confederats were conditioned for and promised to us And that he may propound act and conclude in all our names all other things which in order to the said sollicitation and Agency shall be necessary or conducing Therefore we give the same venerable and very Reverend Father all power authority and jurisdiction as much as we can or ought that he may bring to a good issue the peace tranquillity and quiet of Catholick Religion in this Kingdom praying that credence and beleef may be given him abundantly in all things In witness whereof we have strengthned these with our subscriptions and Seals 1. of Ian. 1660. Edmundus Archiepiscopus Ardmachanus totius Hiberniae Primas Fra. Antonius Episcopus Medensis Fra. Oliverus Episcopus Dromorensis Patricius Episcopus Ardaghadensis 1665. Cornelius Gaffneus Vic. Gen. Ardachaden Oliverus Dese Vic. Gen. Medensis Ego Jacobus Cusacus S. Theologiae D. fretus authoritate et commissione speciali Rmi D. Nicholai Episcopi Fernensis huic instrumento Procuratorio ejusdem Illmi ac Rmi D. Episcopi nomine subscribo die 8. Sep. 1662. Iacobus Dempsy Vic. Apostolicus Dublinensis c. Fra Ioannes Scurlog Ord. Praedicatorum Fra. Barnabas Barnewallus Ord. Capucinerum Fra Paulus Brownus Carmelita Discalocatus When the said Peter Walsh had in the same month of Ian. 1660. according to the English stile for it was 61. according to the Roman received this Instrument at London by the hands of the Reverend Father Antony Gearnon of St. Francis's Order and shewed it immediately to my Lord Lieutenant although as he expected he was soundly checked by His Grace for daring to receive such an Instrument from such men that is men as to the generality and chief of them formerly and lately too so charactered as they were for being in their inclinations and carriage very much disaffected to His Majesties interests and very obnoxious to the laws yet he ceased not ever after upon all good opportunities to act for them and all the rest of the Irish Clergie of their communion indifferently and without any distinction and endeavour to worke their peace
under all the crimes thus falsly imputed to them it being their Adversaries principal design That the Irish whose Estates they enjoy should be reputed persons unfit and no way worthy any Title to your Majesties mercy That no wood comes amiss to make Arrows for their Destruction for as if the Roman Catholick Clergie whom they esteem most criminal were or ought to be a society so perfect as no evil no indiscreet person should be found amongst them they are all of them generally cryed down for any crime whether true or feigned which is imputed to one of them and as if no words could be spoken no Letter written but with the common consent of all of them the whole Clergie must suffer for that which is laid to the charge of any particular person amongst them We know what Odium all the Catholick Clergie lies under by reason of the Calumnies with which our Tenents in Religion and our Dependence upon the Popes Authority are aspersed And we humbly beg your Majesties pardon to vindicate both by the ensueing Protestation which we make in the sight of Heaven and in the presence of your Majesty sincerely and truly without equivocation or mental reservation We do acknowledge and confess your Majesty to be our true and lawful King Supream Lord and rightfull Soveraign of this Realm of Ireland and of all other your Majesties Dominions And therefore we acknowledge and confess our selves to be obliged under pain of Sin to obey your Majesty in all civil and temporal affairs as much as any other of your Majesties Subjects and as the Laws and Rules of Government in this Kingdom do require at our hands And that notwithstanding any power or pretension of the Pope or Sea of Rome or any sentence or declaration of what kind or quality soever given or to be given by the Pope His Predecessors or Successors or by any Authority Spiritual or Temporal proceeding or derived from Him or his Sea against your Majesty or Royal Authority We will still acknowledge and perform to the uttermost of our abilities our faithful Loyalty and true Allegiance to your Majesty And we openly disclaim and renounce all forreign Power be it either Papal or Princely Spiritual or Temporal in as much as it may seem able or shall pretend to free discharge or absolve us from this Obligation or shall any way give us leave or license to raise tumults bear arms or offer any violence to your Majesties Person Royal Authority or to the State or Government Being all of us ready not only to discover and make known to your Majesty and to your Ministers all the Treasons made against your Majesty or Them which shall come to our hearing but also to lose our Lives in the defence of your Majesties Person and Royal Authority and to resist with our best endeavours all conspiracies and attempts against your Majesty be they framed or sent under what pretence or patronized by what forreign power or authority soever And further we profess that all absolute Princes and Supream Governours of what Religion soever they be are Gods Lieutenants on Earth and that obedience is due to them according to the laws of each Commonwealth respectively in all Civil and Temporal affairs And therefore we do here protest against all Doctrine and Authority to the contrary And we do hold it impious and against the word of God to maintain that any private Subject may kill or murther the Anointed of God his Prince though of a different belief and Religion from his And we abhor and detest the practice thereof as damnable and wicked These being the Tenents of our Religion in point of loyalty and submission to your Majesties Commands and our Dependence of the Sea of Rome no way intrenching upon that perfect Obedience which by our Birth by all laws divine and humane we are bound to pay to your Majesty our natural and lawful Soveraign We humbly beg prostrate at your Majesties feet That you would be pleased to protect us from the severe persecution we suffer meerly for our profession in Religion leaving those that are or hereafter shall be guilty of other Crimes and there have been such in all times as well by their Pens as by their Actions to the punishment prescribed by the Law Fr. Oliver Dâ—arcy Bishop of Dromore Fr. George Dillon of S. Fran. Ord. Guardian of the Irish Franciscans at Paris Fr. Philip Roch of S. Fran. Ord. Reader Gen. of Divinity Fr. Anthony Gearnon of S. Fran. Ord. one of Her Majesties the Queen Mothers Chapl. Fr. Iohn Everard of S. Fran. Ord. Conf. and Preac Fr. Anthony Nash of S. Fran. Ord. Conf. and Preac Fr. William Lynch of S. Fran. Ord. Conf. Fr. Nicholas Sall of S. Fran. Ord. Conf. and Preac Iames Cusack Doctor of Divinity Cornelius Fogorty Protonot Apost and Doctor of the Civil and Canon Law Daniel Dougan Divine Fr. Henry Gibbon of S. Aug. Ord. Conf. and Preac Fr. Redmund More of S. Dom. Ord. Conf. and Preac Bartholomew Bellew Dennis Fitz Ranna Bartholomew Flemming Fr. Redmund Caron of S. Fran. Ord. Reader jubilate of Divinity Fr. Simon Wafre of the same Order Reader of Divinity Fr. Iames Caverley of S. Fran. Ord. Conf. and Preac Fr. Iohn fitz Gerrald of S. Fran. Ord. Conf. and Preac Fr. Theobald Burk of S. Fran. Ord. Conf. and Preac Fr. Matthew Duff of S. Fran. Ord. Conf. and Preac Fr. Peter Geoghegan of S. Fran. Ord. Conf. and Preac Fr. Peter Walsh of S. Fran. Ord. Reader of Div. and Procurator of the Roman Catholick Clergy both Secular and Regular of Ireland This paper without any hands to it for the gentlemen that consulted of and drew it in this form did not then reflect on the necessariness of any subscription to it and if they had they saw the storm so great and furious raised suddenly against those men chiefly who should have subscribed it that it was impossible for them to meet even for any such or other end soever and yet the making of such address to His Majestie could not be delayed so as to send about to search for them where they could not be met with singly one by one but after too much time therefore I say this paper without any hands to it was delivered immediately to Father James Fitz Simons residing and hiding himself the best he could at Dublin to be sent together with the Proclamation of the Lords Justices and ordinances of Parliament and the forged letter of Mac Dermot the Priest and their own discoveries of the imposture to the above Father P. W. then at London as Procuratour of the Clergie to be presented by him to His Majestie and Lord Lieutenant and was accordingly sent and delivered him by the Earl of Fingale who had then some occasions of his own to goe for England Which the Procurator had no sooner received then after communicating all to some others of the Irish Clergy and Gentry then at London and press'd by them all to
of that which we do and ever acknowledged to be his birth-right God give those poore wretches under oppression in Ireland true patience to be aâ— out their misery with a constant memory of their duty to his Divine Majesty that permits their affliction and their King that haply cannot yet binder it conveniently As soon as I have answer from the rest of the Prelates to your request I will write to your Lordship of our resolution In the mean time I assure your Lordship that the Letter I answer now is the only I received from you since you departed France but that all notwithstanding I am My Lord Your Lordships affectionate and humble Servant Johannes Archiepiscopus Tuamensis Dinan 30. Ian. 1662. VII The opposers of the Remonstrance therefore relyed wholy on their endeavours with the two Bishops that lived at home in Ireland Anthony Ma. Geoghegan Bishop of Meath since that time dead and Doctor Owen Swiny Bishop of Killmore alive still and besides these upon the Generality of the Vicars-General of Ireland whom they had known formerly to have been for the Nuntio and for the same reason upon the Provincials of the three more numerous Regular Orders the Franciscans Dominicans and Augustinians and for the lesser and latter Orders they made sure account of them in the crowd and on other accounts which shall hereafter be given Upon all these men and upon the endeavours of those of their affection and Countrey at Lovaine to work against that Remonstrance with the then Internuncius of Bruxels Hieronimus de Veechiis who had from the Pope a kind of superintendency over Irish affairs and by his means at Rome the grand opposers of the said Remonstrance built all their hopes to thwart it and render it uneffectual and unsignificant though to their own ruine not upon any reason or arguments against either the catholickness or usefulness of it Nor were they deceived in their hopes or mistaken in their measures though withal fortunate in misfortune For in Iuly 1662. this Internuncio writ two several Letters against it and the Subscribers one to the Bishop of Dromore and another to Father Francis Lyons alias Matthew Duff of St. Francis's Order which two Letters came accidentally unsealed to my Lord Chancellour of Englands hands And several others to others in Ireland of some of which I have the copies and of some too the very originals In all which he signifieth by direction as he sayes from his Holiness and from the Congregation de propaganda the said Remonstrance to contain propositions co-incident with those condemned by Paul the V. long since and lately by Innocent the Tenth And therefore needs no new censure against it As in one I have my self the original directed to one Father Bonaventure Brodin of St. Francis Order 7th October 63. he sayes That Valesian Instrument or Formula as he calls it of Allegiance can do more hurt to the Church of God than all former persecutions of Hereticks Quam quaevis anteacta Hereticarum persecutio But for the Readers more ample satisfaction I give here word by word the letter of the said Internuncio whereof at first copies were dispersed with so much diligence and conveyed privately from hand to hand throughout all the parts and corners of this Kingdome Reverende in Christo Pater Petiit a me Paternitas tua quid resolutum fuerit Romae circa Declarationem seu Protestationem incipientem Your Majesties faithful Subjects et desinentem prescribed by the law Serenissimo Angliae Regi oblatam ac ab aliquot Ecclesiasticis Hibernis subscriptam Quocirca desiderio vestro optime satisfactum censui si quae eâ de re nuper ex mandato Sanctissimi Domini Nostri ad me scripta sunt vobis ommunicem nempe post diligentem discussionem in variis Eminentissimorum Cardinalium et Theologorum congressibus factam deprehensam esse protestationem illam instar repullulantis hydrae continere propositiones convenientes cum aliis a fede apostoliea olim reprobatis fignanter a faelicis mem riae Paulo V. per constitutionem in forma Brevis et nuper anno 1648. in Congregatione specialiter commissa ab Innocentio X. Proinde Sanctissimus Dominus censuit opus modo non esse nisi ut id ipsum declaretur Nobisque mandavit bane ejus mentem omnibus testatam facere ut publice pateat eandem protestationem ac subscriptiones appositas a Sanctitate sua non solum non approbatas fuisse sed neque permissas aut per conniventiam toleratas imo graviter indoluisse quod per exemplum Ecclesiasticorum tracti sint in eundem errorem Nobiles seculares ejusdem regni Hiberniae quorum protestationem ac subscriptiones pariter reprobat juxta praemissam ferâ—nam idque ad eximendas Catholicorum conscientias a dolo et errore quo circumveniuntur Non intendit tamen per hoc ullo modo Sanctissimus Dominus Catholicos avertere a praestanda serenissimo Regi suo sincerè et ex animo fidelitate illa quae religionem supremo Regum Regi debitam câ—mitatur et condecerat imo potius monet et hortatur ut ea fidelitate reliquis subditis examplo praeluceant tanquam illi qui inter tenebras ambulent in luce Haec quidem sunt quae ad me de toto hoc negotio scribi jussit Sanctissimus Dominus Eadem poterit Paternitas Tua communicare omnibus suis ut de rei veritate atque indubitata Sanctitatis suae meniâ— reddantur certiores Tuis demum sacraficiis me ex aninto commendo Bruxellis 21. July 1662. Studiosissimus in Domino Hieronimus Abbas Montis Regalis Reverend Father in Christ Your Paternity hath desired from me what hath been resolved at Rome concerning the Declaration or Protestation beginning your Majesties faithful Subjects and ending prescribed by the law presented to the most Serene King of England and subscribed by some Irish Ecclesiasticks Wherefore I thought I shall very well satisfie your desires if I communicate to you what hath been written thereupon by command of our most holy Lord. To witt that after diligent discussion in several meetings of the most eminent Cardinals and Divines that Protestation hath been found like the returning Hydra to contain propositions agreeing with others heretofore condemned by the Sea Apostolick particularly by Paul the fift of happy memory by a constitution in form of Brief and lately in the year 1648. in a Congregation purposely held to that end by Innocent the X. And hence it is that the most holy Lord hath thought no more necessary now but that this very thing should be declared And commanded us to testifie unto all this his mind to the end it may appear publickly that the said Protestation subscriptions added have not only not been approved by His Holiness but not as much as permitted or even by connivence tollerated yea that he hath grievously ressented that by the example of Ecclesiasticks the secular Nobles of the foresaid Kingdom of Ireland
have been drawn into the same errour whose protestation and subscriptions he doth in like manner condemn according to the above form and this to deliver the consciences of Catholicks from the fraud and errour wherewith they are circumvented Yet The Most Holy Lord by no means intends hereby to avert the Catholicks from observing that fidelity to their most Serene King sincerely and from their Soules which may accompany and adorn the Religion due to the supream King of Kings nay He doth rather admonish and exhort that in that fidelity they enlighten other Subjects by their example as people that walk in light amidst darkness And these truly are what The Most Holy Lord commanded to be written to me of this whole business The same your Reverence may communicate to all your own that they may be rendered certain of the truth of this matter and undoubted mind of His Holyness In fine to your Sacrifices I commend my self from Bruxels 21. July 1662. most studious in the Lord Hierom Abbot of Mount Royal. The Reader may take notice here that in such copies of this letter as came authenticated by Claudius Agretti Secretary to the above Internuncius there was a title prefixed and that title was this Censura â—mi Domini Nostri Alexandri VII nec non et Eminentissimorum Cardinalium et Theologorum congregatorum circa Protestationem R. P. Fratris Petri Valesii After this or together with it comes an other letter of the 8. of the same month and year to the Nobility and Gentry of Ireland from Rome and from a person of farre greater authority and no less eminency then Cardinal Francis Barberin which he writes in the name of the whole Congregation de propaganda or as President thereof against the same Remonstrance and subscription of it Whereof albeit I could never see the original yet certain I am the copy which I give here is a true one and that letter not forged at all because the Cardinal himself owned it to the Provincial of the Franciscans of England Father la Croix being in the general Chapter of the said Order at Rome 1664. Although his Eminency who was there and then President of the said Chapter as Protectour of that Order and by special Commission from his Holyness would not have the Irish Franciscans who subscribed the Remonstrance proceeded against therefore as the same Father la Croix told my self nor would at all have that matter debated against them or spoke of there That letter endorsed thus To the Noble-men of Ireland you have here Ad Praestantes Viros Hiberniae Praestantes Viri Si ullo unquam tempore is qui vos vnicè diligit Sanctissimus omnium Fidelium Parens aerumnosum rerum vestrarum statum doluit hoc potissimum dolet quo vobis non modò ab exteris timendum esse cernit verùm etiam a domesticis nec non ab ipsis Fratribus cavendum Panditur siquidem malum non ab Aquilone tantùm verùm etiam unde spirare debuerat aura spiritus Sancti ventus nunc perflat vrens Erroris Magistri fiunt qui se veritatis discipulos asserunt utque fidelitatem Regi ostentent fidem corrumpunt Illud vero praecipue mirum accidit eos edidisse Protestationem iis conceptam verbis quibus solùm fidem Catholicam violarent nec quicquam in terris assequerentur quod ipsa integra fidelitate obtinere non possent Quis enim audeat inficias ire a Catholica Fide debitam non foveri in Principes obedientiam cùm ex Evangelico Praecepto quae Caesaris Caesarâ— et quae Dei sunt Deo per-aequè reddere teneantur Cùm ergo fidem profitentur consona non loquuntur Sed quam excusationem praetexere possunt illi qui cum sic subscripserunt non nullis propositionibus Principi fidelitatem testantibus olim a sede Apostolica Damnatis bonam fidem aut inculpatam ignorantiam causari non possunt Quis pudor Ecclesiastici ordinis eos cernere erroris Antesignanos per quos caeteri erant erudiendi Sanctissimi Pontificis anxit animum sal infatuatum effudisse fatuitatem atque eos qui praelucere debuerant tenebras induxisse Qui ergo a subscriptionum ejusmodi contagione se immunes servarunt caveant omninò ne in foveom a caecis ductoribus trohantur sanemque doctrinam sustineant Qui stat videat ne cadat Qui verò infaliciter prolapsi sunt impigre emergere satagant et iidem nosse sciant ac tenere quod Pater aequè Sanctissimus ac amantissimus monendo porrigit dexteram Conjuncti denique omnes in pacis vinculo eum Regi morem gerant quem ingenua fides docet Ego interim totius Congregationis negotiis vestris Prapositae nomine cuncto vobis prospera adprecor simulque hortor ut quam in fidei candore tuendo exhibuistis fortissimi pectoris constantiam eandem teneatis sciatisque Catholicos omnes Hibernos a Sanctissimo Domino nostro in Visceribus Jesu Christi amari eundemque summo vestrum omnium salutis ac tranquilliatis desiderio teneri extoto eorde et charitate in Domino Datum Rome die 8. Julii 1662. Addictissimus Franciscus Barberinus Noble Sirs If ever at any time He who most intirely loves you The Most Holy Father of all the faithful hath grieved for the afflicted condition of your affairs now is the time that most of all he is grieved wherein he sees you are not only to fear from those abroad but even be on your guard from your very Domesticks nay from your very Brethren For the evil is approaching not from the North only but even even thence a burning winde blowes whence the gentle breathings of the holy Ghost should have come They are made Masters of errour who give themselves for disciples of truth and to shew their fidelity to the King they destroy Faith In which procedure of theirs that is chiefly to be admired that they published a Protestation in such terms whereby they may be said to have only violated the Catholick Faith and gained nothing on earth which they might not have obtained that very Faith remaining entire For who dares deny that by the Catholick Faith due obedience unto Princes is cherished whereas by Evangelical precept every man is bound to yeeld to Caesar what is Caesars and to God what is Gods when therefore they study to render themselves faithful to the King they prevail herein least of all when they speake nothing agreeable to that Faith they profess But what excuse can they pretend who when to testifie their Allegiance to the Prince they have subscribed their names to some propositions condemned heretofore by the Apostolick Sea cannot alleadge for themselves either a good conscience or inculpable ignorance in doing so What shame is it to the Ecclesiastical Order to behold them the Leaders into Errour by whom others should have been instructed Verily it hath vexed the Soul of the most Holy Pontiff to consider the unsavoury salt to have
powred forth unsavouriness and those who should have enlightned others to have brought darkness on them Wherefore such as have kept themselves free from subscriptions or from this kind of infectious disease let them by all means beware they be not drawn into the pitt by their blind leaders and let them uphold the doctrine that is sound Who stands let him take heed he fall not But for such as are unhappily fallen let them rise without delaye And let them know so much as to acknowledg and take hold of that Right hand which their as well most Holy as most loving Father stretches forth in admonishing them Finally let all of you joyned together in the bond of peace yield those respects to the King which true Faith teaches In the mean time I in the name of the whole Congregation appointed overseers of your affairs do wish all things may be prosperous no you and withal exhort you to retain the same constancy of most valorous Resolutions which you have manifested in defending the purity of Religion That you beleive also that all Irish Catholicks are beloved in the bowels of Christ by our most Holy Lord and that his Holyness is even from his whole heart and out of that charity which is from God possessed with the greatest desires of the health and tranquillity of you all Given at Rome the 8. of July 1662. Your most addicted Francis Barbarine VIII Soon after the date of these Letters of Cardinal Francis Barbarine and of the Bruxels Internuntio Hieronimus de Veccbiis the Lord Lieutenant being come for Ireland and the Procurators duty bringing him thither after he had answered the man in the dark in the behalf of the Irish in general and in relation to their temporal Estates and had also in the Clergies name made his gratulatory address first to both their Majesties the King and Queen and next to the Lord Lieutenant also when His Grace had the second time that great charge of the Lieutenancy of Ireland put upon him and being arrived at Dublin and being commanded by His Grace to endeavour presently the subscriptions of those at home in the Countrey the first opposition he found was that of fine words and offers of money for his pains taken hitherto for them and three hundred pounds therefore if he would prevail with His Grace to accept of their subscriptions to another form such as themselves would frame because that signed at London was odious in the Court of Rome as lessening the authority of the most holy Father But when they found him unalterable and that he told them positively it was unworthy of them to move any such thing and of him to listen to it besides that they were much deceived in their judgment of His Grace or of the matter in it self as if it depended of the Procurator to perswade or disswade His Grace therein or as if His Grace did not sufficiently understand the consequence of any the least material change or the sense of English words and what imported or not the King or States security as from them presently he understands of a late and general resolution taken by all the Heads of the Clergy not to sign at all that Remonstrance nor suffer any under their respective charges to sign it And further understands that besides the three Provincials of the Franciscans Dominicans and Augustinians a little before his landing met at Dublin and entred into a confederacy together against it Anthony Mageoghegan Bishop of Meath and the Provincial of the Franciscans by name Anthony Docharty and besides him Thomas ma Kiernan Francis Ferral and others of the same Order with some Vicars General of the North had signed an Instrument and sent an express messenger one Father John Brady with it over Seas to procure Letters and Censures against the Remonstrance Subscribers That moreover Father Peter Aylmer a little before made Curat of St. Owens at Dublin aspiring further to be made Bishop or at least Vicar Apostolick for having lately been so eminent an opposer of the Remonstrances at London abusing the people with telling them though most falsely the Sorbonists were against it grounding himself only for this vain report upon simple letters from another Irish Priest at Paris a man as ignorant as himself and who seemed to know as little what the Parisians taught or taught not as himself that I say this Father Aylmer made himself very instrumental for such ambitious ends to encourage which he needed not the said Bishop of Meath and the said Father Dempsy Vicar General of Dublin and all others of both Secular and Regular Clergy to resolve absolutely against it Wherein he had the more credit that they were told he had lately been my Lord Aubignyes Confessor at Whitehall and surely therefore knew the King did not expect any such paper or subscription from them nor the Duke either but that as he and they gave out all was the Procurators own contrivance and importunity to further that wherein himself had once engaged That further they saw such as were even at Court and in the daily sight of His Majesty and greatest Ministers of State the Queens own Chaplins those that were natives of England and Ireland were not as much as once called to for their subscription And yet none other of that Clergy in such favour as they Nay that both the grand Almoners of both Queens the Lord Aubigny and Abbot Montague both of them so great and so considerable and the first so near in blood to His Majesty and both looked upon at least the former in a fair way to the greatest dignities in the Catholick Church next the Papacy that both those said they were known to be averse from it But I must advertise the Reader that although use was made of such arguments suggested by the said Father Aylmer some others whom I know very well yet the same Gentlemen could not but know as well then and all others have been long since or at least are now at last throughly convinced of this truth That it was both His Majesties my Lord Lieutenants earnest desires by His Majesties express positive directions to him The Irish Clergie should sign that Remonstrance as an argument of their purpose and firm resolution to be more faithful to Him hereafter than the generality of them had proved to his Father the same Lord Lieutenant heretofore in the late Warrs of that Country That Father Welsh their own Procuratour though zealous enough for the lawfulness Catholickness expediency and necessity also of such signature by them yet had never urged any when once he perceived their general opposition had not His Grace told him of His Majesties pleasure in the case and not seen withall the consequents of their refusal or delay would prove in time very prejudicial both to themselves and the Lay People instructed by them and that such their subscription must have been the only medium to procure them that
hereafter and had already the Roman Courtiers would not did not except against the words but sense And that however if they would insist only on the words not sense and that they would choose rather not to speak English with the Catholicks of England and those too of their own Clergy Nobility and Gentry who subscribed their sense in such a form of words the Procurator doubted not to prevail with His Grace so far as a condescension to or permission of their wording their own sense would amount unto provided this came home to the same thing or sense of the former Which yet he feared nay saw clearly it would not As he was certainly perswaded by many arguments they intended alwayes to decline the question of right or authority or power either divine or humane in the Pope to depose the King or dispense with or absolve his Subjects from their Allegiance but only at most and at best to engage themselves to be true to the King whether the Pope had any such or no and without mentioning any thing at all of that pretence or declining it otherwise expresly or tacitly Wherein the Procurator was not deceived as shall hereafter in its proper place appear 15. To that of the Kings or Lord Lieutenants desire of their subscription as yet not appearing to them it was answered they had many sufficient arguments publick and notorious for a whole twelve-month pass'd of His Majesties and Lieutenants both being very well pleased with what was done and very desirous of what was not yet done That both very graciously accepted of their subscriptions who had given the first example both of Clergy Nobility and Gentry and no less concernedly expected the concurrence of the rest That it was unreasonable in them to stand upon the Kings or his Lieutenants desiring them to petition or make other necessary or expedient application in their own proper concerns That they could not be ignorant the laws required from them under great penalties other kinds of Declarations and Oathes besides which the King or his Ministers would not think it reasonable to urge them to any but withal such as they know the Oathes of Supremacy and that of Allegiance in the Statute of King Iames were Oathes which they would a thousand times more hardly digest and that they should think themselves happy to be esteemed and accounted hereafter loyal Subjects by not expecting the Kings desire much less command but by offering of themselves in lieu of those such a Declaration as they might subscribe without scruple And yet notwithstanding he could assure them that for a greater conviction of their inexcusable delayes and beating them from this retreat also and for discovering their intentions clearly before the face of the Sun they should see ere long under his Graces own proper hand-writing if nothing else would serve what without any ground left to reply would clear this objection Which as hereafter will appear they did both see and read too themselves with their own eyes in the original writing 16. For their put off to a general meeting of the whole Clergy of the Nation both Secular and Regular or of Representatives out of every Diocess and Order They were minded first of the issue of all such ever since 41. and more especially of that of 42. at Kilkenny where the General Confederacy was first established as by common and authoritative consent however most of them were thereto necessitated by the Proclamations and other severe proceedings at Dublin but singularly above all of the Congregation at Waterford against the Peace of 46. and of that other at Jamestown against the Peace of 48. And they were told those had given little encouragment to the Lord Lieutenant to licence or connive at any such National meeting until he had first some better arguments of their being changed in their principles and affections then they had given yet by so many long demurs and so many unreasonable reasons pretences and excuses and so much unwillingness reluctancy and opposition to a bare Declaration of their loyal resolutions for after-times That hence it might be rationally gathered they desired such a meeting of purpose only to oppose hereafter with the greater authority or colour of it that profession of their duty That without asking the Lord Lieutenants licence permission or connivence they met frequently in Diocesan Synods and Provincial Chapters to determine those things which themselves had a mind to and no way related to any thing would please either His Majesty or State or to the publick peace of the Country or security thereof nay sent from one Diocess and one Province to another to consult and determine the means of opposing such a duty or profession of it And so they might for a good end with less danger at least nay without any at all if they were so minded convene securely without acquainting His Grace at least without insisting on a pasport or safe conduct or other licence or permission under his hand as they unreasonably demanded In a word that this pretence and resolution of theirs of not signing that Instrument or other such without such a meeting was in the consequence thereof the most dangerous and pernicious they could alleadge or entertain being already as they were all generally satisfied of the lawfulness or Catholickness of the profession expected For what could be more dangerous in any Kingdom or State or human Society of a body politick of any people Civil or Ecclesiastick then that they would put the profession of their Allegiance to votes and would not therein or thereof determine any thing but at the pleasure of their fellow Subjects how averse soever to the State or King and to the laws even the most necessary and just in temporal affairs or what more dangerous then that there should be by necessary consequence as many Kings or Supream commanders of Allegiance of a people in a Kingdom as there are amongst the Secular Clergy Arch-bishops Bishops or Vicars Apostolick or General ruling the Parish Priests respectively subordinate to them And amongst the Regular Clergy as many such as there are Provincial Superiours who command their Priours Guardians Rectours likewise respectively subordinate nay as many too as there are such Local Superiours commanding those under their immediat direction And yet that being met alltogether every one must depend of every one in resolving whether he wil be a true Subject to his Prince or State from which he expects protection and to which by the laws of God and man he should own subjection That for these reasons and to prevent further inconvenience and obstruct all those jealousies and suspicions which a National Congregation insisted on or a licence permission or connivence to convene so insisted upon would certainly raise they would much better decline the thoughts of any such or other whatsoever meetings or dependencies one from another but from their own conscience and knowledge of both the expediency and necessity of
the first example by subscription of their loyal principles And that they should not think of any other form but of that already subscribed or at least of none which came not home as fully as that in all respects as to the sense if they would needs alter the words The Bishop of Meath by Letters of the 6. of October 62. and the Vicar Apostolick of Dublin by his also of 27. of September 62. and some other Vicars General from several parts answered the Procurator with complements only and put offs to a General or National meeting of the Clergy which they pretended to desire as they further pretended a necessity that the Procurator should prevail with His Grace the Lord Lieutenant for his permission and this too under his Graces hand for such a meeting not giving any assurance or promise at all as much as of their own endeavours of a general or as much as of their own particular concurrence to that was demanded of them if such a licence could be obtained The Franciscan Chapter seemed to be to little concern'd in that business that they did not as much as treat once or debate in publick of it Only their Provincial Father Docharty after private communication with some of them writ back to the Procurator that he and others of the most leading men would meet him after Christmass in a place near Miâ—â—â—ferâ—an in Westâ—â—â—li some fourty miles from Dublin to conferre of that matter and other things XVII But the Dominicans though to no great purpose debated it publickly in their said Chapter Father Iohn Reynolds the bearer of Father Walshes Letter to them having first declared to his Provincial there That himself and some others of his Order had already subscribed The opposition was fierce and violent of most especially of some on pretence that the doctrine of the Remonstrance was point-blanck contrary to the position of St. Thomas of Aquin the Angelical Doctor and Director of al their Schools and whose doctrine their Masters had sworn to maintain And the said Father Reynolds found none to second himself but Father Clemens Birne Prior of Villanova or Newtowne an old Monastery in Ulster and County of Downe who there declared himself positively and one more besides the Prior of Slige Father Felix Conox who likewise but timorously declared that he saw no evil in that Remonstrance The result was to frame one of their own Albeit the Franciscans complained soon after of them grievously therefore or as attributing that form they pitched on there to their Dominicans Order or making use thereof as such which was none of theirs but framed by the Franciscans as intended for and in the behalf of themselves But however this be or be not I am sure the contest was ridiculous For this new form signified a meer nothing whoever was Author thereof And yet this Chapter of the Dominicans although told so publickly there by some of their own members would needs flatter themselves and hope to abuse my Lord Lieutenant with it as if His Grace did not understand English words or knew not how to distinguish twixt general unsignificant expressions and those special ones were proper to come to the purpose Wherein least they should be mistaken as they were told they were at last they came to this final issue That in case my Lord Lieutenant would not accept of this their new form and that His Grace would peremptorily expect their subscription to the Remonstrance sign'd at London their Provincial Prior Iohn O Hart should by common consent of all the Chapter be impowered to call together after their dissolution and when the Dukes answer were known four Priors of the next adjacent Convents Father Felix Connor Prior of Sligo Father Richard Madan Prior of Porâ—umna Father William Burke Magister Theologiae Prior of Rathbranum Father Iohn Birn Prior of Roscommon and together with these four to determine of their subscriptions to the first Remonstrance and finally to resolve pro or con whether they should subscribe that or no And that all the rest of the Religious of that Order in Ireland should effectually conform to such their determination whatever it should be Hereupon they framed signed and sent their Letter and Remonstrance inclosed therein by the said Father Reynolds to His Grace and their Provincial another from himself in all their behalf to the Procurator But out of too much wariness and because they foresaw their said letter or Remonstrance would not be acceptable as not comming at all to the purpose and dwelling only in generals and unsignificant expressions and having no real purpose as their carriage ever since proved sufficiently they had not to come at any time thereafter unless by compulsion and fear to any other truly material they would not annex to their several names their several titles of Priourships or of the places or Convents whence they had their denomination and where they resided fearing that if they had they might be looked after and found out the more easily their own conscience or knowledge of their own resolution making them so to apprehend fear where there was no fear at all as the Psalmist sayes The tenour to a word of both or of their said letter subscribed only by 〈◊〉 hands in the behalf of the rest and Remonstrance therein enclosed but subscribed by them all who were 24 besides the said Father Iohn Reynold who singled himself in that of such application or subscription from them because he had already for himself and those others of his way done much better I give here as I will hereafter all other the several though alike unsignificant Remonstrances offered by others that the Reader may throughly see the intrigue and satisfie himself by knowing so many particulars of it For his Grace the Duke of Ormond Lord Lieutenant general c. Gracious Sir LEast our silence in this desired and most happy time wherein his Sacred Majesties Subjects strive to manifest their loyaltie unto their natural King and Soveraign Charles the Second should draw upon us any suspicion prejudicial unto our Loyaltie to him or give waye to his sometimes and still our adversaries to brand us with the vile spott of any disloyaltie we the whole body of St. Dominicks Order in Ireland do present unto your Grace the inclosed Remonstrance ready to seal and sign the same with our dearest blood most humbly desiring it may be as favourably accepted by your Grace as cordially presented by those who will never cease to pray for your Grace his good preservation and prosperitie Gracious Sr. Your Graces humble Servants F. Iohn Hart Provincial F. Lawrence Kelly Diffinitor F. I. Burgate Diffinitor F. Eugenius Coigly Diffinitor F. Richardus Maddin Diffinitor October the 15. 1662. The humble Remonstrance of the Dominican Friers in Ireland WHereas the Divine natural and human law dictates that all Subjects should heartily congratulate the prosperity and felicity of their natural King it is most just that all the Irish
certain that ever since the chief leading men of that Order conforming themselves further to all such directions as they receive from their Colledg or Convent of Irish Dominicans at Lovain as those of that Colledg to what they themselves procure from Rome and transmit to Ireland have been in all parts of this Kingdom very insolent and violent all of them in private discourse amongst all sorts of men decrying the Remonstrance and Subscribers of it if not as unlawful and heretical yet certainly against the Interest of the Pope Country and Religion and some of them preaching publickly at altars against both in the vilest and impudentest manner telling the people they should rather abide all evils suffer death it self then approve of such a form pursuant to the late Priour of Dublin but now of Naas Father M. Fullam's attestation under his own hands writing in a letter to one of his own Order Father John Scurlog that he would for his own part sooner take the Oath of Supremacy To such a degree of folly and frenzy their malice to the Subscribers drove them Which was the cause that especially in Connaght and Vlster they spared not to asperse the whole Order of Franciscans as well those had not yet subscribed as those did amongst the common people with defection from the See Apostolick because the Procuratour and greatest number of Subscribers and maintainers of that form are Franciscans and those tollerated by and countenanced or at least not proceeded against by their chief Superiours and to the end they might by such scandals raised of the Franciscans be themselves esteemed the Champions of the Great Pontiff in Ireland and both lessen the credit of others and gain to boot their benefactors Which was next that of pretensions at Rome and distractions at home against the peace of the Country and establishment of the King the only marke they shott at XX. Wherein they had the Augustinian Order who are twixt threescore and fourscore in this Kingdom but most of them in Connaght their unalterable and no less in so much unconscionable Associats I mean as to the generality of them For I do not involue every individual of them in such unworthy intrigues though I can say that not as much as one of this Augustinian Order hath for so many years since 61. though several of them very home reason'd with by the Procuratour himself any way declared his or their moderation in this matter so farre they were all from subscription excepting only that one Gentleman of theirs Father Gibbon who subscribed at London amongst the other 25. there And can say this much too of them that Father Martin French their late Priour at Dublin hath acknowledg'd there some 3. or 4. years since they were the Order of all others that ledd the Van of opposition by common consent or decree in a chapter held by them in 62. and in Connaght a little before those others of the Dominicans or Franciscans were held which was to them as it proved since like the laws of Medes and Persians irrevocable untransgressable without any regard of any other laws either of man or God positive or natural XXI About the same time the Procuratour had the above answers of the Dominican and Franciscan Chapters or Provincials he received from England by letter from the Bishop of Dromore bearing date the 18th of October the said year 62. another letter therein enclosed which was to the said Bishop from the Dean and in behalf of the Chapter of the English secular Clergie For those have a certain select number how many they are I do not exactly remember but I think about 28. composing their Chapter which represents and gives orders to all that Clergie wherever dispersed in England and Wales making a farre greater number for they were about 600. in Cromwels time sufficient learned and loyally affected all of them to the King Which enclosed letter of the English Dean and Chapter the Bishop sent the Procuratour as it was of purpose written to answer without place of reply an other pretended scruple of some of the Irish Clergie that they had not seen any approbation of the Remonstrance or concurrence from the Clergie of England though specially and by name invited to it by the Procuratours printed Advertisement annexed to the Remonstrance and by his book or The More Ample Account which he soon after publish'd amongst them at London The original being shewed by the Procuratour convinced all that would be convinced by reason for it was that you have here in the copy For the Right Reverend Father in God Oliver Lord Bishop of Dromore Right Reverend Father in God c. ALthough it be a chief point of Christian duty to be passive even in injustices without reply yet is that patience scarce profitable though with the gaine of private vertue where the publique receives prejudice And for this reason do I give your Lordship this trouble for understanding from persons of Quality that I and the rest of my Brethren of the Chapter are reported to obstruct the subscriptions of the Irish Clergie to the Declaration of Allegiance here exhibited to His Majestie as upon this score that being desired to joyn with you in it we refused it as both imprudent and unjust and by that refusal of our concurrence gave occasion to divers of the Irish Clergie to do the like by which we seem to be a block in the way to that freedom of Conscience which we would gladly purchase with our blood We humbly begg this favour of your Lordship that as you are best able to cleer us in this point that our concurrence was never required nor were we privy to your business the circumstances of our conditions being different from yours so your Lordship being assured of our judgment would please to signifie it where it may undeceive the over-credulous My Lord I have spoke with our Brethren concerning this business and find them so farre from censuring your draught or proceed in that protestation that as we know it destructive to Soveraign Majestie to be dependent in Regalities so we take it derogative to good Subjects to deny him the power Absolute in Temporalities And therefore being taught by the law of God to give him obedience indispensable we cannot but judge in that you runn along with your duty As for the expressions passing a censure upon the contrary tenets as some peradventure may think them too severe we could wish the circumstances of affairs in these His Majesties Kingdoms could have declared them impertinent but considering this age overrun with disloyaltie and even amongst those of our Holy Catholique Faith some to our great grief have been too active under colour of bad principles it cannot but be necessary to declare those principles no other then the Cockle of wicked doctrine sowed by the Enemy of mankind to the prejudice of Christianity which being a law of an absolute Rectitude in setting right our duties to God and
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
Green and Preston and last of all the most laborious and learned Latin Work In fol. of Father â—edmond Caron entituled Remonstrantia â—â—bernorum which is to be had in Dublin at Mr. Dancer the Booksellers in Castlestreet and which alone may serve for all the rest And then a Gods name such of them as pretend scruple in point of conscience if any of them do yet for I am perswaded certainly it is no more but a bare pretence and I know there are scarce any that alledge even such pretence or any thing at all of conscientiousness in the matter but meer temporal considerations let them determine as conscience not as worldly and mistaken interests shall direct them XXXVI Now to return whence I have so long digressed Soon after â—â—e said papers received and the former answered in writing as you have seen and the latter by word of mouth as you find here upon several occasions the Procurator being somewhat earnest with Father Shelton the then Superiour of the Society for his final resolution because some others of that very Society desired him to be so earnest alledging their own delayes was that only of knowing his resolution pro or con and promising they would themselves even in case of his denyal subscribe nevertheless immediatly Father Shelton having first convoked to Dublin from several parts such as he thought fit to consult with came at last to the Procurators Chamber and without further debate about the merits of the cause told him briefly and positively they would not subscribe that Form nor any other determining the main Question that is any disowning a power in the Pope to depose the King or absolve his Subjects from their allegiance in temporal affairs because said he this was a matter of right controverted 'twixt two great Princes Yet they would frame one of their own and such as became them to subscribe Upon which he departed But the Gentleman that accompanied him one of his own Society Father Iohn Talbot who had often before treated of the same matter and promised his own concurrence with several others of his Order whatever the Superiour did told the Procurator in his ear as they were parting that Father Shelton had not rightly delivered the result of the rest But nevertheless being soon after demanded the performance of his own former and free promise excused himself also until he had seen or known it was expected by my Lord Lieutenant himself that they should subscribe of that their subscription was required or desired by his Grace and not by the Procurator only Wherein desiring further to be satisfied the said Superiour Father Shelton and with him two more of the Society Father Thomas Quin and Father Iohn Talbot being called upon waited on his Grace having first sent to the Procurator their own Form or that which they would subscribe even this you have here The Jesuits first Remonstrance Declaration or Protestation of Allegiance AS we do acknowledge King Charles the Second to be our true and lawful King and rightful Soveraign of Ireland and all His Majesties Dominions So we confess our selves to be in conscience obliged to obey His Majesty in all civil and temporal affairs and notwithstanding diversity of Religion in Him and us We protest we are and during life shall be as loyal to his Majesty as any of his Subjects whatsoever and as either in Spain or France the Catholick Subjects are to their respective Kings and will be ready to detect and discover to His Majesty and to his Ministers whatsoever Treasons or Conspiracies shall come to our knowledge yea and expose if need be our lives in defence of his Majesties Person and Royal Authority and that by no Power on Earth whether Spiritual or Temporal we shall be moved to recede from any point of this our Allegiance and we further from our hearts detest for impious Doctrine and against the Rules of all Christianity to averr That any Subject can murther his Anointed King or Prince though of a different Faith and Religion and much more we abhorr as damnable the practice of that wicked assertion But being told by the Procurator it signified a meer nothing not even as much as a bare absolute or positive acknowledgment of the King to be King much less any thing of the cases controverted as that of the Popes pretended power to depose the King or even of his actual procedure to a deposition excommunication dispensation with or absolution of Subjects from their Allegiance whether he have such power or not they changed that their first Form and prepared this other which themselves delivered my Lord on the 4th of December 62. The Procurator being present and Father Quin speaking first as one formerly known to his Grace and one to that sign'd with seven other Catholick Divines of Dublin the lawfulness and tye upon Catholicks to resist the Irish Forces headed by the Nuncio when the Confederats rejected the peace of 46. and were drawn to besiege Dublin The tenor of their second form was this The Jesuits second Remonstrance Declaration or Protestation of Allegiance WE acknowledge His Majesty King Charles the Second to be our true and lawful King supream Lord and rightful Soveraign of this Realm of Ireland and all other His Majesties Dominions We acknowledge our selves bound in Conscience to obey his Majesty in all civil and temporal affairs and notwithstanding the diversity of Religion in Him and us we engage that during life we shall be as loyal to his Majesty as any of his Subjects whatsoever and as either in Spain or France the Catholick Subjects are or ought to be to their respective Kings and shall be ready to expose if occasion shall require our lives in defence of His Majesties Person and Royal Authority and no power on earth shall move us to recede from any point of this our Allegiance We shall be ready to detect and discover to his Majesty and his Ministers whatsoever Treasons or Conspiracies against his said Majesty shall come to our knowledge We detest from our very hearts that impious doctrine which averreth that any Subject can murther his anointed King or Prince though of different judgment in religion and we abhorr the damnable practice of that wicked assertion Their answer was then from his Grace that he would consider of it next morning That if it came short of the printed one as to the substance or sense they could expect no benefit thereby That it was in vain to use any distinctions or reservations That when he thought fit to act in this matter as the Kings Lieutenant he should not repute any person worthy of his Majesties protection that would not acknowledge the Royal Power independant from any but God alone That notwithstanding Father Quin insisted so much on the loyalty of his own Order in the late controversies and wars of Ireland yet he could not forget how the chief person of them Father Robert Nugent was a great Mathematician at Killkea when
the Nuntio came to besiege Dublin That he covld not understand why they declined a subscriptien to the Remonstrance signed presented to and received already at London by his Majesty whereas themselves now confess'd for they did so in his own presence it was very lawful and Catholick and could not be even as much as a venial sin for any to sign it That finally notwithstanding all he would not advise such wise men as they were what they had to do but knew what himself was to do which was to observe his own Masters directions And if they thought fitter to observe another Master that is him they called their General and is at Rome still to command or direct them what he please from the Pope they were to look to that and run the hazzard Wherefore and forasmuch too as within a few dayes more they understood by several wayes that his Grace having seriously considered of that second Form of theirs declared it in many points unsatisfactory they form'd yet a third adding somewhat more to the former but abstracting still both from any expression comprehending in terminis the Pope and from any likewise that might engage them not to decline the question or position of Right or that which asserts a power in the Pope or Church in some cases to depose the King and absolve his Subjects from their Allegiance being obstinately resolved to declare and engage only against matters of fact and this too with as many exceptions equivocations abstractions distinctions reservations as the words of this third Form would bear and the Divinity of their Casuists would allow The Jesuits third Remonstrance Declaration or Protestation of Allegiance WE the undernamed do acknowledge his Majesty King Charles the Second to be our true and lawful King supream Lord and right Soveraign of this Realm of Ireland and all other his Majesties Dominions We acknowledge our selves bound in conscience to obey his Majesty in all civil and temporal affairs and notwithstanding the diversity of Religion in Him and us we engage our selves that during life we shall be as loyal to his Majesty as any of his Subjects whatsoever And we engage our selves to expose our Lives if occasion shall require in defence of his Majesties Person and royal Authority and that no sentence of deposition excommunication or any other censure whatsoever shall mâ—ve us to recede from any point of this our engagement of Allegiance and Duty We engage our selves to detect and discover to his Majesty and his Ministers whatsoever Treasons and Conspiracies against his Majesty or Governours shall come to our knowledge We detest from our hearts that impious doctrine which averreth that any Subject can murther or kill his anointed King or Prince though of a different judgement in Religion and we abhorr the damnable practice of that wicked assertion All which we swear religiously to observe according to the common and usual signification of the words without equivocation or mental reservation So help us God This third Form they offered and delivered my Lord by some friend of theirs within a few dayes after they had given the second by themselves But they found here also that his Grace understood English as well as themselves and that it was for some other purpose then that of a bare change or complement of words they strove so mightily to decline the printed Form of 61. being they would not in so many changes come near the material sense thereof notwithstanding they laboured so much to perswade others they never had any exception against the sense but against the words only as not being reverential enough because forsooth the Pope though only by this highest title of his office or dignity was express'd therein and because of the words disclaim and renounce which yet signified only as there a disclaim or renunciation of that ill grounded pretence of power in his Holiness to depose the King or licence his Subjects to take arms against Him But this exception against such words was found at last not to be The Exception but a real one indeed against the sense in whatever terms express'd XXXII The Fathers having found all their three several changes to no purpose one of them whom the Procurator esteemed still very much came to him and offered to change the fourth time their Form and express in particular the Pope so they were not required to meddle with the question of right But the Procurator answered they went too long already about the bush That if they mean'd really and conscientiously and sufficiently too as to the form of words to declare and oblige themselves as to matter of fact or in all contingencies whatsoever and notwithstanding any sentence of deposition deprivation suspension or excommunication against the King or his Liege-people and notwithstanding any other declaration whatsoever or dispensation with or absolution of the said people from their allegiance upon what pretext soever civil or religions temporal or spiritual to continue alwaies true and loyal Subjects to him who is now their King to Charles the Second and to his lawful Heirs and Successors they should not scruple neither in point of conscience or worldly interest to disclaim and renounce in plain express terms any such pretended power in the Pope That for what belong'd to conscience nothing was clearer then that they had the same warrant to renounce the power which they had to renounce obedience to it in all kind of contingencies whatsoever because it is impossible there should be a power in the Pope to command them and they in no case bound to take notice of or obey it For as it is a maxime that Frustra est potentia quae non reduciter ad actum so it is another maxime that Frustra est potentia mandandi si non sit obligatio parendi There can be no act of a commanding power but vain if there be no case wherein it is to be obeyed That for matter of interest or worldly regard of favour or disfavour they might be sure it would be the same thing at Rome to renounce that power and to renounce all obedience to it for ever nay the latter a farr greater guilt before God and man if the Romans or others understood the Fathers scrupled at the former and swallowed the latter because the latter without a persuasion of the former cannot be less then folly or sacriledge whether the swearers intend to perform or not That Bellarmine himself their own great Patron tells them so much in his Writings against Widdrington where he disputes against the Oath of Allegiance and proves enough to this purpose though very little to his own but however concludes truly that 't is impossible a man should swear without sacriledge that notwithstanding any excommunication or other sentence from the Pope against the King or his people he would alwayes continue a loyal Subject to the King in opposition to the Popes commands and yet not be perswaded at the same time the Pope
six months were over and the Clergie had been ashamed of their own obstinacy and no less confounded at their own scarce credible inconsiderancy But it pleased God to dispose affaires so that His Grace the Lord Lieutenant albeit otherwise very desirous to see these letters take effect as he was timely acquainted with the drawing and signing of them yet as they were ready to be dispatch'd to the several Counties and most of them too by Noblemen considering the dangerous plot then in hand amongst those disloyal Fanaticks who were to seize the Castle of Dublin and thinking prudently that if any papers whatsoever were carried about at that time by the Catholicks for getting hands or subscriptions those wicked plotters and their party would misinterpret them and pretend thereby a plott or some dangerous conspiracy a preparing amongst the Papists whereby to excuse the better themselves for meeting frequently in armed troups by day or night and considering moreover what influence the Irish Clergie had in the late warrs on the Layety of their communion yea notwithstanding any former Oath and that the same might be again unless the Clergie themselves had subscribed His Grace was pleased for these reasons to countermand for that time and suspend ever since the sending about of those letters expecting it might be done more seasonably when the Clergie had signed first and questionless too expecting the Clergie would sign as soon as their pretence of not dareing to meet by Representatives in a general Congregation were layed aside though it happen'd otherwise as will appear in the second Part of this first Treatise XLVI However the Catholick Gentry or old proprietours of the County of Wexford and few survivours of the Cittizens of that Town expected no such invitation by letters from the Noblemen but without any other then that they had gathered out of The More Ample Account and their own reason having framed for themselves a suitable both Petition to the Lord Lieutenant and preamble to His Majesty subscribed the Remonstrance with about two hundred hands for they wanted only three of that number and sent it His Grace by Mr. William Stafford of Lambstown who took great pains in this business Which Instrument of theirs I would not omit to insert here at length as an eternal monument of their honest loyal hearts however they have been abused in the late warrs by some of their spiritual leaders though perhaps that too more out of ignorance and blind zeal then any malice and whatever or how sad soever their condition above most other Counties be ever since as it was then when they signed so freely of themselves yea notwithstanding the contrary endeavours used by some Clergiemen especially two Fathers of the Society to disswade them Whether those Fathers behaved themselves so undiscreetly out of any disaffection to the King or rather out of mistaken Religion and prepossession by such foolish arguments as they had learned in their own Schools or by reading Bellarmine Suamz or such other by ass'd writers or whether by special command or direction of their Superiours I knew not To His Grace the Duke of Ormond Lord Lieutenant General an General Governour of Ireland The Humble Petition of the Subscribers MOst humbly sheweth that they come with the same alacrity and cheerfulness to present to your Grace the ensueing Remonstrance and Protestation which some of their fellow Subjects of the Nobility and Gentry of this Kingdom not long since humbly laid at His Majecties Feet Who was graciously pleased to accept thereof And they with the same zeal acknowledging themselves to be bound in the same duty and indispensable tyes of obedience to His Majesty His Heirs and Successors in all temporal matters do humbly beseech your Grace that this their most hearty concurrence to the same faithful Protestation and humble Remonstrance may be made the more acceptable by your Graces conveyance thereof to His Majesty And they shall pray c. To the Kings Most Excellent Majesty The faithful Protestation and humble Remonstrance of the Roman Catholick Gentry of the County of Ireland WHereas a considerable part of the Roman Catholick Nobility and Gentry of Ireland by the name of the Roman Catholick Nobility and Gentry of Ireland presented to your most Excellent Majesty a sincere Protestation and humble Remonstrance intituled the faithful Protestation and humble Remonstrance of the Roman Catholick Nobility and Gentry of Ireland for divers substantial and solid reasons in the said faithful Protestation and humble Remonstrance ingenuously and conscientiously expressed and set forth Now we the said Roman Catholick Gentry of the said County of Wexford whose names are hereunto subscribed being members of the said Roman Catholick Gentry of Ireland being bound in Conscience and duty to own the said faithful Protestation and humble Remonstrance as well as our Countreymen first subscribing thereunto for the motives in the said faithful Protestation and humble Remonstrance expressed and in imitation of our said Countreymen and to avoid all jealousies and misopinions which may be concieved of our selves and of our Religion and feareing least we may be thought to vary from the said first Subscribers in doctrine in Religion or Religious Tenets do sincerely and truly without Equivocation or mental reservation in the sight of God and in the presence of your Majesty Acknowledg and confess your Majesty to be our true and lawful King Supream Lord and rightful Soveraign of this Realm of Ireland and of all other your Majesties Dominions and therefore we acknowledg and confess our selves to be obliged under pain of sin to obey your Majesty in all civil and temporal affairs as much as any other of your Majesties Subjects and as the laws and Rules of Government in this Kingdom do require at our hands and that notwithstanding any power or pretention of the Pope or Sea of Rome or any sentence or Declaration of what kind or quality soever given or to be given by the Pope his Predecessours or Successours or by any authority spiritual or temporal proceeding or derived from him or his Sea against your Majesty or Royal Authority we will still acknowledge and perform to the utmost of our abilities our faithful loyalty and true Allegiance to your Majesty And we openly disclaim and renounce all forraign power be it either Papal or Princely spiritual or temporal or us much as is may seem able or shall pretend to free discharge or absolve us from this Obligation or shall any way give us leave or licence to raise tumults bear Arms or offer any violence to your Majesties Person Royal Authority or to the State or Government being all of us ready not only to discover and make known to your Majesty or to your Ministers all the Treasons made against your Majesty or them which shall come to our hearing but also to loose our lives in the defence of your Majesties Person and Royal Authority and to resist with our best endeavours all conspiracies and attempts against
Sir James Ware hath of an Irish King long before the English conquest whether the story be true or false to have gone to Rome out of devotion and layd down or offered up his Crown at St. Peters shrine Which if it had given a real title to the Pope or that See it must follow that the Bishop and See of Winchester hath as much great just certain and lawful to the Kingdoms of England Denmarke and all those others by inheritance or conquest belonging sometimes to Canutus For this devout King did no less there after he had checked the vain flattery of his Courtiers when upon a day sitting on the shore and the tyde coming in and they calling him Lord of Lands and Seas he commanding the floud not to advance and being not obeyed by the Waves but wett to some purpose presently and directly went to the Cathedral of Winchester and there offered up to God his Crown laying it on the high altar with resolution never more to put it on his head but acknowledg him the only Soveraign King of Sea and Land who commanded that little Wave to wet him And the only Original pretence of the Popes or See Apostolique's human right to England was the donation or submission of King Iohn to Innocent the thirds Legat at Dover Cardinal Pandulphus But who is so ignorant in Divinity as to pretend a right acquired by such a donation or submission were it absolutely certain as yet even Polidore Virgil himself seems to think it not to be forasmuch as he writes of it upon report onely Both law and reason tell us that a King cannot without consent of His Kingdom alien at the title thereof And Histories tell us that King Iohn who was an Usurper too for a long time at least made that donation or submission or whatever you call it directly against the Kingdom so farre he was from having the consent of his Peers people or Parliament That Henry the 3d. the Kingdom of England soon after the troubles were appeased expresly protested against it protested so even by their express Embassadour to that purpose the Archbishop of Canterbury even before in the presence of the General Councel of Lyons See Walsingame ad an 1245. and Harpsfield ad Sec. 14. c. 5. That so many laws made by all the three estates in Parliament under Edward the third and Richard the second which declare England to be an Empire and the King thereof to acknowledg no other on Earth above him but God alone did protest against it And the prescriptions of five entire ages confirm without all controule these protestations So that the Lovain Divines could not on coole and sober reflection but Judge this first ground either as to the first Original or continuance of it to be all composed of sand either as to England or Ireland or both For the same arguments are equally of force against that pretended gift of the Irish Monarch being that if we declined the likeness of it in all points or as to his intention of a reverential true acknowledgment of Gods power only or of a tye of himself and his Crown to be alwayes militant for the faith and confession of St. Peter or of a donary only of his bare Crown as to the materials of it not of the politick rights and power signified thereby to the Church of that holy Apostle or if we granted as we do not by any means That this Irish Monarch intended absolutely as much as in him to give up all the temporal Soveraignty of Ireland to that holy See yet whereas it appears not by any kind of Allegation History or Scroll that he was commission'd by the Provincial Kings or by the States of the Kingdom to do so such intention of his or such oblation donation or subjection as proceeding thence or made by him amounts to a meer nothing For no man gives that so as thereby to transferre a right which he is not empower'd by the laws to give As for the Bull or Bulls granted by Adrian the IV. to Henry the second for either the Lordship or Kingship for both were granted or at least are pretended to have been granted as may be seen in those copies extant in Baronius they are to no purpose at all in this matter Because if those we read in that great Annalist be true and not subreptitious or counter fit it is manifest out of the very tenour of them they are wholly grounded upon errour because the only ground alleadg'd in them for the Popes right to dispose of Ireland is That al Ilands on which the Sun of Justice that is Christian Religion did shine belonged to the See of Peter But whence this title came to the Ilands a lone more then to the continent nothing at all is pretended in those Bulls nor by any for them other then a meer forged imposture of donation by Constantine the great who yet is known to have never had the least footing in Ireland * As it is known that c. Constantinus d. 96. in Gratian. is not onely a meer Palea but speaks as well of the whole continent of Europe as of the Ilands For to pretend as a ground of them or of such donation or the right to make it Bellarmines indirect power in the Pope over the temporals of all Kings in ordine ad spiritualia besides that the restriction in the said Bulls to the Ilands alone and no extension to the Continent ruines this pretence or allegation it cannot be made use of by the Lovain Divines to justifie this first ground of their censure which is only meer humane right and that of Bellarmine is Divine as derived or pretended to be derived from Christ himself immediately But I confess the Lovain Divines were wary enough to decline this least they should bring on themselves a more dangerous censure from their own King and raise the power and just indignation of all Kings States and people even of their own communion to punish their temerity LIV. Nor can their next ground any whit more justifie their Censure The power of binding and loosing which the Catholick Churches of the Roman communion throughout the world acknowledge in the Pope or Church is that only which binds sinners in their sins or in just Ecclesiastical and meerly spiritual censures by denying them absolution from either clave non errante and that besides which enables them to lay binding commands or make binding laws Ecclesiastical and purely spiritual not against the laws of God and Canons of the Vniversal Church but conformable to both for the suppression of vice and furtherance of virtue And is that only which looseth sinners by absolving them in due circumstances from both sins and censures and further by dispensing with them sine prejudicio tertii in vowes or Oathes made to God alone or in other Obligations arising from the Canons of the Church only where a third person is not concern'd in point of
this great Prince And so we are at least throughly quitt even for matter of example And so I have also done with my sixth and last of all those considerations or of all those points on which I have said before in the beginning of my animadversions of or answers to the third ground of the Censure it had much better become our masters of Lovaine Doctors of Divinity and of so grave and so judicious a Faculty as that of Lovaine should be to reflect seriously before they had precipitated so temerariously and injuriously and even erroneously to boot to censure that Remonstrance of 61. on this ground of its pretended promise or tye on Confessors to break the Sacred Seal of Confession The nullity and falsity of which pretence or ground although I knew that my very first consideration of all the six had sufficiently evinced yet I would ex superabundanti and to clear this matter in all particulars and to instruct others more fully give all the rest albeit unnecessary amongst men of reason to vindicate in this behalf or any other that Remonstrance LX. I onely to end all whatever I intended to say on this occasion further add it is a confirmation of what I have said before in my first consideration that if our sticklers at home for the Lovaine Censure in this behalf or if the opposers of the said Remonstrance of 61. on account of obliging Confessors to break the Sacred Seal of Confession will continue still their malicious clamours against it on this account finding all other accounts to stand them in no stead though I be sure they find this very same to stand them in as little as any of all they must confess themselves consequently obliged to clamour no less nay more against the Remonstrance of 66. whereof hereafter I will treat at large even that of the Dublin Congregation of that year even that of the general Representatives of the whole Clergie of Ireland even that of their Archbishops Bishops Provincials Vicars general Divines altogether For if the former of 61. be quarreld at for expressing onely the readiness of the subscribers of it to reveal c. and for expressing such readiness without any express engagement or any at all in other express tearms then these two words being ready words of their own proper strict signification not engageing at all the subscribers to reveal or that they will discover actually but at most a present preparation or disposition of mind to discover c certainly this passage of the Remonstrance of 66. wherein there is an express engagement or one in express words that they will or shall discover c. must be in reason as much at least if not more quarreld at on that account Wherefore pursuant c. we do engage our selves to discover unto your Majesty or some of your Ministers any attempt of that kind rebellion or conspiracy against your Majesties person Crown or Royal authority that comes to our knowledge For here is the same general notion of knowledge without any express distinction of it without any express reservation or exception of that knowledge which is had in confession as indeed there should not be any either express or tacit thereof more then is in the former Remonstrance of 61. LXI To the fourth and last ground of that Censure of Lovaine against this Remonstrance of 61 their pretence of its renouncing Ecclesiastical Immunity or of subjecting Clergiemen against Ecclesiastical Immunity to the cognizance and punishment of the civil Magistrate The Procurator and other subscribers answer'd 1. That there is not a syllable in that Remonstrance which may seem to any man of reason to say either formally or virtually expresly or tacitly That Churchmen have not or ought not to have either by the laws of man civil or Ecclesiastical or by the laws of God positive or natural any such immunity or exemption either for their goods or persons from the cognizance or punishment of the subordinate inferiour civil Courts Magistrates or Judges I mean any such immunity or exemption as the Catholick Faith or Catholick Church teacheth as out of Scripture or out of Tradition or even as by virtue of any canon or custome obliging as much as the very Churchmen to assert or maintain it or not to renounce or disacknowledge it not even in some cases or some Countreys where the civil or municipal laws are contrary to such canon or such custome as for example England and Ireland where this last century of years the laws and customs are known to be so much altered from that they perhaps have formerly been in this matter That the acknowledgment of the King to be our King and our supream Lord too or the acknowledgment of his absolute independent supremacy in all temporals within his own Dominions concluds neither formally nor virtually a disacknowledgment or even the least renunciation of any kind of real true pro-per Ecclesiastical Immunity acknowledg'd by other parts or people or Churches or Churchmen in the world even in the most Catholick Countries No more certainly then doth the like acknowledgment known to be made by word and by writing by all Catholick French Spanish Venetian German c Clergiemen to their own respective Kings Emperours States conclude that they disacknowledg or renounce thereby or by any other means that which they call or acknowledg to be Ecclesiastical Immunity or Exemption amongst themselves That as little doth the acknowledging our selves bound under pain of sin to obey His Majesty in all civil and temporal affairs as much as any other of His Majesties Subjects and as the laws and rules of Government in this Kingdom require at our hands that I say as little doth this acknowledging such obligation draw along with it by either formal or virtual consequence our disacknowledging or renouncing our right or pretence to any true real or proper Ecclesiastical Immunity or Exemption If we have indeed or can have or ought to have any such right or pretence of right in the case For such obligation and such acknowledgment of it can and does very well consist evermore with a challenge or claim to all kinds of true and proper Ecclesiastical Immunity or exemption whether that challenge or claim be well or ill grounded in the case being it is very well known that other His Majesties Subjects are not bound under pain of sin to obey His Majesty by an active obedience always not even in all civil and temporal affairs but either by an active or passive only And being it is no less known that the laws and rules of Government in this Kingdom require no more at their hands even in all civil and temporal affairs then to be so obedient as either to do that freely which they prescribe or patiently and without resistance to abide the penalties of the same laws and of His majesties pleasure And being moreover it is evident of it self that a Priest can without making any resistance patiently christianly
it is ordinary with all kind of people to speak so of all things happened to themselves or others sin only excepted God will have it so or God hath ordained so And yet no man will be so foolish as to gather out of such expressions that people mean to say there was a positive law of God or law of his known to us for the doing or being of things so or so Otherwise what a numberless infinity of positive laws of God must we assert which the world never yet heard of and such as never any one of all have been yet in Scripture or Tradition For Symmachus finally that which is alledged out of him or his Roman Synod concerns not the present dispute and at most and at best signifies no more then the sense of that Provincial Council speaking to Symmachus and their sense too delivered only in an ordinary way of speech not in any Canon and even this very speech against only the pretence of the Praetorian Praefect of Odoacer to make a law yet without the consent of the Church-men or of the Bishops and other Priests though with a good intention for the preservation of the Church-lands and Revenues and Goods or to hinder any Sale or Mortage of them by the very Bishops of Rome it self even for what concern'd them or their own peculiar See in that City In this case it was the Fathers of that Council spoke thus after they had caused the Instrument or Law of the said Praetorian Praefect or of Basilius to be read by Hormisda the Deacon Licet secundum prosecutionem venetabilium fratrum nostrorum Laurentii Eulalii Cresconii Maximi vel Stephani nec apud nos incertum habetur hanc ipsam scripturam nullius esse momenti verum tamen etiamsi aliqua posset ratione subsistere modis omnibus in Sindali Conventu provida Beatudinis Vestrae sententia enervari conveniebat in irritum deduci ne in exemplum remaneret praesumendi quibuslibet Laicis quamvis religiosis vel pâ—tentibus in quacunque ciuitate quolibet modo aliquid decernere de Ecclesiasticis facultatibus quarum solis sacerdotibus disponendi indiscusse a Deo cura commissa decetur Where it is plain 1. That nothing is said or mean'd of the exemption of the persons of Church-men from the supream temporal power 2. That they neither signifie as much as their Goods or Lands to be exempt from that same power supream but only secundum subjectam materiam to be exempt so far from the subordinat Magistrate that no disposition could be made of the Church-lands or Goods or no provision either for the Church by such inferiour Magistrates how powerful or even religious and well meaning soever without the consent of the Bishops and Priests themselves 3. That much less do the Fathers of this Council signifie their lands or goods not to be subject to any publick taxes or which is it I mean do not signifie that God hath appointed their lands or goods should be exempt from all publick taxes tributes customs c. For the disposing of the Revenues or other goods of the Church to be indistinctly committed by God to Priests and that Priests should be notwithstanding lyable to publick contributions out of such Revenues or Goods for the publick necessities of the common-wealth are things very compatible in reason And here is nothing said by these Fathers to the contrary Besides we know that whatever may be said of that law so published by Basilius the Pretor or whether by the express command of Odoacer no man will deny that both the Pope and other Italian Bishops had reasons sufficient to move them not to regard it much as being made either by an Usurper or an enemy to the Emperour and who yet dared not take on himself the name of Emperour and moreover forasmuch as at that time that very same Usurper or Enemy Odoacer with whose authority it was made or published by Basilius was devested by Theodorick nay dead when the Fathers held that Synod and forasmuch too as in the same law that same Odâ—acer would have usurped also the election of the Pope to himself as Baronius and Spondanus have ad annum Christi 457. But however this be or be not it is evident here is not a sâ—llable for the exemption of Church-men or Clerks as to their persons and in criminal cause and that too by the positive law of God from the supream civil or coercive power And it is no less evident although my present purpose require not my animadaversion hereof That meer Lay-men Kings and Lords and Knights and Burgesses and Squires and Boores and even all masters of Families whatsoever in such contreys as have the laws of property might in a like or unlike controversie 'twixt themselves and the Clergy if the Clergy alone should attempt to make laws for disposing of their estates without their own consent might I say with very much right truth answer the Clergy as the Fathers did the Layety here or thus I mean mutatis mutandis verum tamen etiamsi aliqua c. provida Majestatis vestrae sententia eneruari conveniebat in iâ—ritum deduci ne in exemplum remaneret quibuslibet Ecclesiasticis c. aliquid decernere de laicis facultatibus quarum solis laicis disponendi indiscussè a Deâ— cura commissa dâ—cetur And yet none of them would be therefore constrained or necessitated in point of reason to prove or to suppose a positive law of God for their own exemption as much as to their goods from the Clergy The civil or municipal laws or customs of men and which indeed are those only that make meum and tuum in the world in such a case would be ground enough for them to say that God committed the disposing of their own estates to themselves alone and not to the Clergy To wit for as much as by his general or special providence he had such or such civil laws made and for as much as he commands generally in holy Scripture as natural reason also tells us we must observe all kind of humane Ordinances of the supream civil Power and States we live in which imply no sin Therefore Symmachus and his Council are as vainly alledged by Bellarmine for a positive law of God for the exemption of Clergymen c. as any of those other Popes or Councils And therefore too from first to last I conclude against this most eminent Cardinal that indeed there is not any such positive law of God at least in our case that is for the exemption of the persons of Clergymen in criminal causes from the supream civil coercive power of supream temporal Princes no such positive I say as yet revealed unto us either by holy Scripture or by any Tradition For these arguments which I now have so answered are all he doth or can pretend for such a positive law of God from either albeit I confess he speaks not expresly of Tradition nor also
and of allowing a competent prerogative to celestial favors that is to persons or places which by extrinsecal denomination are divine or which have that Celestial favor to be specially dedicated to the service of God But is there no other difference to be made no other prerogative to be given but an exemption so general from the supream civil power Besides our Cardinal himself confesses that Iustinian spake these words of the material Churches as he made that law for them onely not at all for the persons of Churchmen but as long as they were in those Churches albeit he made several other laws in favour of their persons also whether in or out of the most sacred Churches Of which last sort of laws more presently in the next Section So that any right collection either out of the former priviledg of Constantine or out of these later words of Iustinian signifies nothing at all to prove a custom amongst Christians forsuch exemption as Bellarmine would have amongst them as flowing from nature 2. For his second argument or similitude who sees not that as Divines and Philosophers too confess as the argument which is à simili is the very worst and most unconcluding sort of argument if it run not upon all four as they speak so this here of this great Cardinal is very lame in that respect For the difference is so wide and so great 'twixt both that we know evidently and by daily experience that the body can act nothing at all not as to natural sensation or vegetation but as a meer dead trunk a carkass without the soul nor act any thing at all rationally or freely without the direction of that superiour portion of the soul which is by some called the spirit and we know no less evidently that the lay civil Magistrate both supream and subordinat can act both rationally freely and honestly too without nay and often also against the direction of those we call the meer spiritual Magistrates or of any kind of ecclesiastical persons That the one may be and hath not seldom been without the other that is the former without the latter and yet compleat and perfect as to its own proper functions And the latter may erre and hath often err'd involving it self in politick matters out of its own sphere when the former did not But we see the natural body cannot as much as be without the soul So that for Bellarmine to assume this simile is to argue from a very lame similitude and expect this ordinary answer to the like similitudo non currit quattuor pedibus Besides I must advertise the Reader that he abuses him again by taking it in the abstract of one side Whereas if it did or could signifie any thing he should have taken it in the concrete of both sides that is made the simile 'twixt the soul and body of one side and the lay Magistrate or lay Judges and the spiritual persons of Clerks or Ecclesiastical Superiours on the other and not have assumed on this side the civil power and spiritual power only in the abstract For it is very well known these as such act not at all either of them And moreover that this argument or simile did it prove any thing as we have seen it doth not proves not only the exemption of Clergy-men from all lay-power and in all causes and matters whatsoever nor a co-ordination only in temporal matters but also and in all imaginable even the most worldly matters of any kind a super-ordination or an absolute dominion of Church-men over all the lay-persons even the most supream Monarchs on Earth To which purpose although Bellarmine presses this very same argument elsewhere dei Roman Pontif. l. 5. cap. 6. however against his other main purpose which is to give the Pope alone a power to dethrone Kings and this simile would give this very power to every Diocesan Bishop nay to the inferiour Ghostly Fathers or Parish-priests of every King yet no man I hope will be any more so foolish as to believe him or be perswaded by so lame a simile having both evidence of Reason Scripture and Tradition to the contrary as will appear hereafter in some of the following Sections on this very point we now handle Lastly I must advertise the Reader that he is not to be amused with a greater excellency of the spiritual power in it self or in its own nature or even in the end for which it was given this end being wholy supernatural such as must be that which is to a life of grace in this world and of glory in the next and which the meer lay civil or temporal power as such only hath not nor can pretend The greater excellency of one calling or profession cannot warrant the professors of it to subject to their own commands all or any other persons that profess a calling of less excellency as may be seen by daily experience in all the several professions or trades in the world Nor is it consequent by any discourse of natural reason that because one sort of men are of greater dignity as to their callings they cannot be subjected in many things or matters by the King to the command of others who are otherwise of much inferiour dignity or perhaps of none at all Nay we see daily and by ten thousand practices that Lords Marquesses Dukes must in many things obey and receive commands from very poor mean persons of no kind of titles otherwise but that of their present office and that too of the very meanest offices not seldom And must it be against natural reason that because the King of all Kings the Lord of life and death of all creatures hath out of his mercy and for the eternal ends of his mercy to all people given a certain ministery or even dignity the greatest that can be to some sort of men and this also for the service of other men in a certain calling which belongs to their spirits or souls onely they might not have been or they have not actually been subjected to other men though not so dignified in that special ministery and subjected I mean to such in other matters onely which concern their natural and civil being onely as a civil society of men living in this world We see by a thousand experiences daily that many who are very fit for one sort of command or calling are very unfit for the other And we know that the spiritual function alone to be discharged well requires the whole man And we know also that spiritual men or Clerks must notwithstanding their Clerk-ship remain always men that is involved by a thousand occasions in affairs which belong directly and properly to the temporal government of things belonging to the body alone Must it be against natural reason that God should not have exempted them in such matters from the Governours that are proper for such matters Or must it not be rather according to natural reason that in such
extended them to other Kingdoms and that besides they were after approved of and received by the Bishops of such other Kingdoms That neither Gratian's insertion of them into the body of his Decretum nor the publication of his Decretum as such by the approbation authority or command of Popes makes them hoc ipso to be extended or of more binding authority in the nature of laws then they were before such insertion publication or approbation command or authority or makes them hoc ipso to be laws for the Catholick Church but onely to be more authentick whereas we know there are a thousand authorities alleadged by Gratian which are not therefore binding laws to the Church Thirdly that whatever may be said of Inferiour lay Judicatories judgments or Judges nothing at all can be with any kind of colour inferr'd hence against the supream of the Emperour himself in any matters whatsoever laws or canons whereby his power may be conceived whether right or wrong to be any way limited Because the supream extraordinary and absolute judgment of the Prince is never understood never signified by or comprised under the general notion or common use of these words secularia judicia as the Prince himself is not understood by the general or common name of a Judge or of a secular Iudge being these words or the like according to the common use or meaning signifie onely such as are such by special office and not him at all who by a supereminent power creats both these and all other even much higher Officials For it is a rule among both Civilians and Canonists That the words of any Canons Institutions or other laws whatsoever though Canons or laws of priviledg must be stâ—â—cti juris and strictae interpretati nis where otherwise a very great inconvenience must follow or where they derogate to a former uncontroverted right of any third person and much more when by any other interpretation they derogate to the supream authority either spiritual in the Pope or temporal in the Emperour and most of all when they ruine and quite destroy either in relation to their subjects being that in so much they are purely odious though in other points where no such prejudice is they are purely favourable And Odia restringi favores autem convenit ampliari is a rule of the very Canon law in Sexto Now who sees not there can be nothing more inconvenient in it self and more odious to Princes then that so vast a number of both men and women living within their Kingdoms and going under the name and title of their Subjects should yet be exempted wholly from their even supream royal power and in all cases whatsoever civil or criminal Pursuant to the former rule is that other which Felinus hath cap. uit de sanâ—nia Quoties species a â—â—â—it aliquid generi numquam appellatione generis venit species Now Iu â—ex secularis and judicium seculare is a genus Rex Imperator c. and judicium supremum Regium or judicium supremum imperiale is a species And pursuant also to both rules is the doctrine of that celebrious late Doctor of Paris Andreas Duuallius de suprema Rom. Pontif. in Ecclesiam potestate part 2. q. 4. p. 264. where notwithstanding his being so great and known a stickler against the ancient School of Paris for the Pope in too many things yet he writeth thus Notum est nomine Cleric rum c. It is manifest that in any odious matter Bishops are not comprehended under the name of Clerks nor sometimes in the same matter â—ther Religious men under the name of Mâ—nks neque similiter nomine Dominorum Reges nor likewise Kings under the name of Landlords Govern us or Lords in regard of the height and Majesty of the Royal dignity c. And finally pursuant to the said rules and their meaning or scope it is that we read the same or the like other exceptions and of several other particulars from a comprehension under general notions in Armilla verb. Abbas n. XI verb. Clericus n. 2. verb. sacerdos n. 1. Sayrus tom 1. l. 3. c. 33. Navarr tom 2. commentar in cap. Finali de simâ—nia n. 5. Silvester verb. excommunicatio 19. n. 82. Parag. Quadragesima tertia Innâ—centius in can sedes Apostolica de Rescriptis Moreover as it is a general maxime That in a general concession or priviledge how general soever the words be such things are not to be understood as granted which evident reason tell us that in all probability the Prince or Pope or other Legislator or graunter of such concession or priviledge would not grant by any means if he had reflected or thought on it in particular so it must be as general a rule That in a general prohibition of any law or Canon and how general soever the words be such things are not prohibited which if reflected on in particular right reason tells us that in all probability it could not have been the intention of the makers of such a law or Canon to prohibit them Out of all which it is evident enough that no Divine or Canonist may conclude from the prohibition of this Council of Agde or of this Canon of it or of this second part of the said Canon that the Fathers comprehended or intended to comprehend the supream absolute and extraordinary judgment of Kings or Emperours under the general notions of secularia judicia but onely such as were commonly understood by such those I mean of subordinate inferiour Iudicatories and from which there might be upon rational grounds and by the concession or permission of their Prince or custom of the Country even at that very time wherein these Fathers lived an exemption of Clerks For who is so bereaved of common sense as to say that the Councils of Christian Bishops in those days would be so high or unreasonable or rather so mad as to prohibit Clerks not to appear at all before the King Emperour or other supream Magistrate though called upon and expresly commanded to appear before them which yet these Fathers must be said to have decreed in this Canon or second part of it if Bellarmines allegation of it be to his main purpose here of Exemption of the Clerks by this Canon from even the supream civil coercive power or if it be against mine here also which is that no Canon hath ever yet so exempted them not even this of Agde or which is the same the same thing if secularia judicia in this Canon reach even to the very supream of the Emperour or other King and in all cases and causes temporal civil or criminal whatsoever But if Bellarmine or any other for him see no absurdity in granting this to have been the meaning of this ancient though onely Provincial Synod of a few Bishops of Guien onely he must pardon me for not joyning with him in so hard a censure or opinion of such scandalous consequence of any Catholick Coucil especially so
Ecclesiastical Immunity or Exemption by such his proceedings What therefore might be the cause of his desiring or accepting such a Bull if the story of it be true we may easily conteive to be of one side King Philips inexorable rigour I will not say cruelty first in excluding so many thousand religious and sacred men from all pardon and grace and next in pursuing and destroying them as irreconciliable enemies when he might have made them very tractable Subjects and on the other the Popes pretence of even the temporal Soveraignty or supream Lordship of the Country and Kingdom of Portugal as having been made tributary to the Church of Rome by Alphonsus the first Duke and King thereof according to Baronius ad annum Christi 1144. and the proceedings after of several Popes against some Kings of Portugal upon that ground by excommunicating and deposing some instituting others in their place and by exacting of them yearly at first agreed upon under Lucius the II. four ounces of Gold and after that four Marks of Gold under Alexander the IV. as an acknowledgement of his being the supream Lord of it or of its being held in Fee from the Bishops of Rome King Philip therefore to establish himself against the titles of so many other pretendents to that Crown thought it the safest way when he had done his work to make all sure with the Pope for after-times and get himself acknowledged King of Portugal even by him who pretended to be supream Lord of the Fee Though otherwise it be apparent also in Baronius that the Kings of Portugal did acknowledge so much dependence from the Kings of Castile as being bound to appear at their Court when called upon and give them three hundred Souldiers to serve against the Moors amounts unto But this could be no prejudice to a former independent and supream right of Popes to Portugal if there was any such especially whereas the same Barnius makes Castile it self feudatary to nay all Spain (a) Baron ad an Christiâ—â—â— â—01 〈◊〉 1703 the property of the of See Rome as likewise he doth in several places of his Annals all the Kingdoms of Christendome not even France (b) ad an 702. it self excepted And therefore nothing can be concluded from King Philips admission of this Bull but either his remorse of having abused that power God gave him over those religious men or used it in so much more like a Tyrant then a King unless peradventure he perswaded himself upon evident grounds they would never be true to him or his wariness in seeming so the more observant of the Pope in all things according to the maximes of Campanella while he drove at the universal Monarchy But however this be or not its plain enough out of his so publick refusal in the face of the Kingdoms of Portugal and Castile and in that publick Assembly of all the Estates amongst which the Ecclesiastical was the chief and out of his so long and severe prosecution and persecution of those Monks for three whole years till he destroyed them all and out also of the silence even by the Ecclesiasticks themselves of that argument of exemption when the occasion to alledge it was the greatest might be offered at any time and finally out of his receiving continually the most holy Sacraments of the Church all that time without any reprehension or objection made to him by the Church of so publick and so scandalous and so bloody and sacrilegious violation of her pretended nearest and dearest laws I say it is plain enough out of all that whatever the story be of that Bull or whatever the true or pretended motives of King Philip to accept of it neither his own Subjects of Spain or Portugal Clerks or Laicks nor those of other Churches or Kingdoms either Princes or people nor even the Prelats or Pope himself that was then did any way so regard the suppositions or even admonitions comminations nay or even actual censures of other Popes in their Bulla caenae or otherwise as to think perswade themselves that a true obliging canon or law either of God or Man of the State or Church or even as much as of the Pope himself could be concluded thence for any real or true exemption of Clerks from the supream civil power in criminal causes And so I have done with Bellarmines voluit As for his other saying above That hitherto only Hereticks have contradicted this kind of Exemption even this so extraordinary and extravagant exemption of all Clerks in all temporal causes whatsoever civil or criminal from the supream civil and coercive power I remit the Reader to the next following Section saving one where he shall see a farr other sort of Doctors then Hereticks to contradict it even Austins and Hieroms and Chrysostoms and Gregories nay the whole Catholick Church in all ages until these later and worser times wherein the contest was raised first and again renewed by some few Popes and their Partizans against the supream temporal power of Emperours Kings and States Only you are to take notice here Good Reader That 't is but too too familiar with our great Cardinal to make Hereticks only the opposers of such private or particular but false opinions or doctrines of his own as he would impose as the doctrines of the Catholick Church on his undiscerning Readers as on the other side to make the most notorious Arch-hereticks to be the patrons of such other doctrines as himself opposes and would fright his Readers from how well and clearly soever grounded in Scriptures Fathers Councils Reason Which is the very true genuine cause wherefore he gives us where he treats of such questions so exact a list of those chief and most notorious Hereticks who held against him on the point and gives them also in the very beginning of his chapter or controversie whatever it be As in this of Ecclesiastical Exemption besides what I have quoted now out of his book against Barclay cap. 35. he tells us l. de Cleric c. 28. First in general that very many Hereticks contend that all Clerks of what soever degree are de jure â—â—vin by the law of God or by the same law ought to be subject to the secular power both in paying tributes and in judicial proceedings or causes Secondly that Marsilius de Padua and Ioannes de Ianduno though Catholick Lawyers to Lodâ—uick of Bauer the Emperour but esteemed Hereticks by Bellarmine because some tenets of theirs were condemned by Iohn the XXII Pope of that name taught that not even our Sauiour himself was free from tribute and that what he did Mat. 17. when he payed the didrachme or tribute money he did not freely without any obligation to do so but necessarily that is to satisfie the obligation he had on him to do so Thirdly that Iâ—hn Calvin l. 4. Institut c. 11. Parag. 15. teaches that all Clerks ought to be subject to the laws and tribunals of secular Magistrats excepting
Scripture teacheth the truth of that maxime as I have taken it Lex Christi neminem privat jure dominioque suo For if there be a latitude or liberty once given to mince these temporal rights without an express or certain warrant in that law it self of Christ it must be consequent that according to the caprichiousness or wilfulness of any either ignorant or interessed person the beleevers may be deprived now of one and then of another and at last of all kinds of civil rights under pretext forsooth of their submitting all to the pleasure of the Church by their profession of Christianity being that without such express warrant caution or provision there can be no reason given why of one more then of another or even why of one more then of all Having thus laid and demonstrated my first proposition or major of this my first argument I assume this other proposition for my minor But there was a natural or meer civil temporal or politick jurisdiction power authority or dominion which amounted to a coercive power in all temporal causes in every supream temporal Prince for example in Constantine the Great over all Christians whatsoever Laicks or Clerks living within his or their dominions before he or they became Christian in re vel in voto or by a perfect entire submission to the laws of Christianity and there is no such formal or virtual caution or provision in the law of Christ for the exemption of Clerks and after his or their such entire submission neither he nor they did expresly or tacitly and equivalently of their own accord devest themselves of or quit that power not even I mean in order to any Clerks whatsoever so living still within his or their dominions Ergo The same natural and meer civil temporal or politick jurisdiction power authority and dominion which amounts to a coercive power in all temporal causes over the same Christians whatsoever Laicks and Clerks living within his or their dominions remained in them and him after he or they were so become Christians The conclusion follows evidently the premisses being once admitted And of the premisses the minor only remains to be proved Which yet although having three parts into the first of Clerks to have been subject in politick matters to the supream coercive power of heathen Princes appears already and sufficiently demonstrated in my former Sections where I solved all the arguments of Bellarmine to the contrary from the laws divine either positive or natural and from the laws of Nations too and shall yet more positively and abundantly appear out of my very next immediatly following LXIII and LXIV Sections where by authorities of Scriptures and expositions of those very Scripture places by holy Fathers and by examples or practice according to such expositions I treat this matter and prove this first part of this Minor at large Nay and shall appear too most positively and abundantly out of my second and third arguments of reason either Theological or Natural either ad hominem or not ad hominem but abstracting from all concessions ab homine which follow in this very present Section And therefore to save my self the trouble of too much repetition I remit the Reader to those other Sections and arguments the rather that Bellarmine himself never scrupled in his first editions of his controversies nor ever until he saw himself in his old age beaten from all his other retreats by the writings of other Catholick Divines Canonists against him and consequently the rather that this matter of this first part of my foresaid Minor is now so little controverted that scarce any can be found of such impudence as to deny it notwithstanding Bellarmine's illgrounded chang◠or opposition in his old age whereof more presently And as to the second part of no such formal or virtual caution or provision in the law of Christ for the exemption of Clerks the very self same Sections which demonstrate the first part do also this But for the third or last part of this Minor which was that after their conversion to Christianity Princes did not quit or devest themselves of this supream coercive power of or over Clerks c I need not say more here or elswhere then I have before in answering Bellarmine's arguments out of the civil laws of Emperours Section LX. And nothing els but alleadg the known general and continual challenge of all Christian supream civil Magistrats Emperours Kings Princes and States to this very day of that supream coercive power of Clerks in all politick matters and their actual practice accordingly at their pleasure and when occasion requireth Notwithstanding all this evidence Bellarmine strugles like a bird in a cage For though he had not this argument framed against him dilated upon at full as I have heer but onely pressed by that bare maxime Lex Christi neminem privat jure dominioque suo objected to him by William Barclay he answers thus contra Barclaium cap. XXXIIII It is true sayes he the law of Christ deprives no man of his right and dominion proprié perise quasi hoo ipsum intendat nisi aliquis culpa sua privari mereatur properly and intentionally or that of it self or of its own nature it deprives no man so as intending to deprive him so if not in case of demerit when a man through his own fault deserves to be deprived of his right or dominion Yet when it raises laymen to a higher order such as that is of Clerks we must not wonder that consequently it deprives Princes of the right or dominion they had over such men whiles in a condition much inferiour Nor are there examples wanting in other things as well prophane as sacred 1◠The King rayses a private man till then subject to an Earl and rayses him I say to a Principality It must be confess'd this Earl is consequently deprived of his Lordship or dominion which till then he had over this man nay perhaps further even subjected consequently to this very man whose Lord he was so late The Pope rayses an ordinary or simple Priest to a Metropolitane a Priest subject otherwise to a Suffragan Bishop and by such creation without any injury to this Bishop or Suffragan places consequently such a Priest in a Metropolitical power of command over even the very Ordinary under whom he was immediately before A unbelieving heathen or infidel husband had the right of a her band to and dominion over his infidel wife she is converted to the Christian Faith he remaining still an unbeliever And the law of Christ doth without injury deprive him of all right evermore too that woman if she please Even so by a marriage done or contracted by words of the present time a Christian husband acquires a right to such a Christian wife and yet if she before consummation please to ascend to or embrace a higher and holier state of life or that of a Votress in a Cloyster within the tearm of
the King labours and watches for the defence not onely of Laicks but of Clerks also therefore not Laicks onely but also Clerks do give him that honour which is due to Kings according to the precept of the Apostle Peter Fear God honour the King 1. Pet. 2. Finally they pray for the King as the Apostle bids them 1. Timoth. 2. saying I desire therefore first of all things that obsecrations prayers postulations thankes-givings be made for all men for Kings and all that are in preheminence Nor onely do they power their prayers to God for Kings in general but say in specie in particular pro Rege N. vel pro Imperatore N. for our King N. or for our Emperour N. expressing their names First therefore what Bellarmine sayes here is that the King may exempt some part of his own people from some part of his own power or even from his own whole power And this he proves thus Because sayes he the King may bestow on some house or Citty an exemption or immunity from tributs What 's this to our question Doth an exemption from tributs work this effect that whoever is so exempted is no more bound to the Prince in any kind of subjection For this is the onely question We confess the priviledges given to Clerks to be greater then a sole exemption from tributs but we deny that Clerks therefore are totally manumised set free or exempted from their subjection to Princes But sayes Bellarmine it is the prerogative of a Prince to exact tribute as it is to command or judge or punish and therefore if he can remit the one why not the other A vast difference there is most eminent Cardinal It is indeed proper to or the prerogative of a Prince to exact tributes because none exact such but Princes or States which are the same thing here But it is also proper to a King to remit tributes because none else may and that by such remission he ceaseth not to be â—â—ince of the same persons or people or City to which tribute is so remitted and that it may also be expedient sometimes for his Principality to remit them Nay if Princes had universally remitted all kind of tribute to all the people of their Dominions as Nero thought to do and could and would content themselves and bear all the charges of the publick and defend it too with by and out of their own patrimony would they fall therefore from their Principality But it is no way proper to a King to remit to any in all things all kind of obedience or subjection to himself and yet still to be truly called and truly essentially or properly to be or to remain King of those very persons to whom such remission is made because the power of lording commanding judging punishing at least in some cases is the very essence of Principality so that the Prince cannot remit or quit this and withal continue Prince Nor doth Bellarmine help himself by saying that albeit the Prince may not exempt or set free all his people and still remain Prince yet he may some part of them For it is plain that he cannot any part and together be Prince or King of that part whereas it is of the very essence of a King to lord it over and command his whole Kingdom to provide for his whole Kingdom and to have all within his Kingdom Natives Forreigners Dwellers Sejourners Inmates Travellers c. of what degree or quality soever obnoxious or subject to his will and laws the good to be encouraged to be rewarded by him and malefactors to be coerced and punish'd also by him Nor indeed is he instituted King to govern any part or parts of his Kingdom but to govern the whole Kingdom And therefore it must be that if he exempt any part from subjection to himself which yet he cannot de jure without the consent of all the Estates of the Kingdom he must as well in order to such part cease to be King as he would in order to all if he had bestowed that plenary exemption upon all and every part of his Kingdom For I beseech you what rational man would perswade himself that for example the present French or Spanish Kings are absolute Kings respectively of all France or of all Spain or of all French and Spaniards if in the richest and fruitfullest Territories of all France there be four or five hundred thousand Frenchmen and so many French women and if double trebble or quadrubble that number be in the Spanish so exempt from the French and Spanish Kings Dominions and yet so diffused in every Province County City Corporation and the very Villages that nothing can be more and yet having moreover so much influence on the rest of the people that they can turn them which way they please Or how could for another examples sake either Henry the Eight in England or his Catholick Predecessors be justly called or stiled Kings of England if the Clerks of that Kingdom then almost innumerable and possessing as their own proper lands and goods wel-nigh the one entire moyety of it were not truly and properly subjects to the said Henry and to other his said Predecessors Secondly what Bellarmine sayes though by way of interrogation is That if some great King doth in the middle of his Kingdom free some one City or absolutely bestow it on another he may be notwithstanding said to be King of his whole Kingdom But I would fain know what our great Cardinal understands by these words Rex totius regni sui King of all his own Kingdom Doth he repute that City so exempted or so made free by that great King to be notwithstanding part of that very Kings own whole Kingdom If so our Cardinal recedes not only from truth but from common sense For I pray what is it else to be a King but to lord it over those or to command those of whom he is King Can Bellarmine himself deny the King to be Superiour in relation to those of whom he is King And yet himself teaches cont Barclaium cap. 13. that every Superiour may command his Inferiour omnis superior potest imperare inferiori suo Some indeed question how far or in what things the power of Kings extend to their people but none at all whether in any thing or even very many things it reach or command them But our Cardinal will have that City exempted to be no more subject in any thing to be no more commanded in any matter by that King Therefore he is no more King of it Nor doth it make any difference in the case that he protect or defend that Citty For it is one thing to be a Protector or Defender and an other to be King Who is it would say that the Kings of England or France were Kings of Holland and of the rest of the United Provinces at any time since the said Provinces rebelled against their own natural King albeit we know and it
West Yet I confess the first occasion of that writing of Innocent's to the Emperour of Constantinople or that which he intended or at least pretended finally to instruct or advise the Emperour in was very just viz that the same Emperour should beare a greater respect to the Patriarch of Constantinople then to make him sit at the left side of his foot-stool so contrary to the laudable custome of other Christian Emperours and Kings cum alij Reges Principes sayes he Archiepiscopis Episcopissuis sicut debent reverenter assurgant eis juxta sevenerabilem sedem assignent But for any thing else in that epistle of Innocent which relates either directly or indirectly to our present purpose I must confess I see nothing at all but what is quite contrary in his application to the sense to the belief and to the practise too of all Antiquity if peradventure you except not that onely passage where he sayes Quod autem sequitur Regi tanquam praecellenti non negamus quin praecellat Imperator in temporalibus illos dumtaxat qui ab eo suscipiunt temporalia Which yet I for my own part do not except because under the word dumtaxat there lyes much restriction nay and under the word or verb praecellat also Because that dumtaxat restraines the latitude of those who might or should be said in temporals or by reason of their temporals to be under the Emperour and subject and obedient to him to such onely who receave temporals to witt lands revenues or perhaps besides these onely some temporal jurisdiction and consequently excludes all other Clerks from subjection or obedience to the Emperour who receave no such temporals from him albeit they have the benefit of temporal protection from his laws and sword for this last is not by Innocents doctrine as to our present purpose accounted among such temporals as he speaks of here And because this praecellat by reason of its more abstract and more common signification of it self imports not as much as a praecellency in power authority or jurisdiction over those very same Clerks who receave even such temporals of Innocent from the Emperour But however this be of Innocent's meaning by these two words or wary manner of expression by them I am sure he declares his mind plainly in the rest or in his answers to and distinctions of the Emperour's arguments out of Scripture especially of the place out of Peter to be that Clerks are not by the law of God to be subject to the Emperour For the refutation of which answers or distinctions I remit the Reader to what I have said formerly at large out of the law of God and Nature for the subjection of Clerks and to what besides I said before at leingth in answer to Bellarmines arguments for the exemption of Clerks either by the law of God or man or nature Where albeit I have said nothing in particular to that place of Peter or to Innocents quibble upon it as not being vaâ—â—ed by Bellarmine himself and therefore not produced by him for himself yet I have given abundantly what may shew the impertinency of alleadging that place of Peter against me or that quibble of Innocent upon it or even any thing else said by the same Innocent well or ill either in this canon Solicitae benignitatis de Major obed or elsewhere and particularly in cap. Nâ—vit ille de Judicijs Which 〈◊〉 chapter I note particularly because the Catholick Bishop of Ferns alledges it singularly in a letter of his I have as very much relyed upon by the Irish Divines who live abroad in Spain and by them relyed upon as upon a strong argument for a power in the Pope to depose Kings at least ratione peccatâ— and consequently for the unlawfulness to sign our Remonstrance of 61. or 62. which cleerly and expresly disclaims and renounceth any such power in the Pope either upon the account of sin or any other whatsoever but onely in relation to such Kings as hold their Kingdoms in fee from him and who consequently are not absolute Soveraigns or not absolutely the supream Lords of their Kingdoms not even I mean in temporals nor hold of God immediately but of the Pope whom they themselves acknowledg to be the chief truly supream Lord of such Kingdoms though by human right onely But the truth is that no such deposing power in the Pope as to other Kings who do not acknowledg themselves to hold in fee from him can be gathered out of this cap. Nâ—vit ilâ—e de Iudicijs Where if strictly examined Innocent does no more sayes no more upon complaint made to the same Pope Innocent by a King of England against a King of France That he of France though admonished by him several times to keep the treaty sworn and peace agreed upon betwixt them and particularly in relation to the County of Poitiers which England held in fee from France and as agreed upon too by articles of the said treaty and peace mutually sworn did without any regard of his oath or any just cause endeavour to force in hostile manner that fee of Poitiers back again from the possession of the English where I say upon this complaint and for ought appears out of this canon in it self Novit ille de Iudiciis Innocent doth no more but write to the Clergie of France that he deputed a certain French Arch-bishop an other French Abbot to examine the matter of Fact and proceed thereupon to give sentence and besides this sayes no more in this chapter to any such purpose as the said Irish Divines alleadg him for but that the King of France being so Evangelically denounced to the Church according to that rule of the Gospel Si peccaverit in te frater tuus c dic Ecclesiae and complained of as a publick scandalous breaker of a just Peace and religious Oath he the said Innocent did not intend to judg of the Fee being the iudgment of this belong'd to the King of France but onely of the sin committed in the breach of peace and oath Non enim intendimus sayes he judicare de feudo cujus ad ipsum spectat judicium sed decernere de peccatâ— cujus ad nâ—s pertinet sine dubitatione censura quam in quemlibet exercere possumus debemus Now whether the said Irish Divines may hence and onely hence conclude their deposing power I mean as much as according to the judgment of the same Innocent himself alone I see nothing at all in all this which may force us to yeeld Innocent his Delegats might have observed all he prescribes herein or in that whole chapter and all which the Gospel allows to him or to the Church in the case that iâ— he and they might in case of such a publick sin in the French King of the Church's admonition and of his contumacy against such admonition have proceeded to excommunicate him evangelically that is might have deprived him
at the meeting at London which was before that of Clarendon or Northampton So that as Baronius or Spondanus out of him or both say it was to excuse his own King that Neubrigensis fixes on this of our holy Archbishops denyal to deliver to legal punishment those criminal Clerks as on the onely cause of the following tragedy being it was so specious a cause on the Kings side to quarrel with the Archbishop even so I cannot but say that I think these two great Annalists have of purpose albeit without sufficient ground contradicted Neubrigensis to excuse the Saint even also in this very particular instance as well as in all other of the difference being such a demand must appear to most men on first sight to be but very just on the Kings side and consequently that the denyal of it must on the Archbishops side appear to the same men at least too too rigid if not unjust as to the matter in it self though I for my own part verely believe the Saint apprehended it farr otherwise nay am certain he did as I am also at least very probably perswaded that he apprehended it so upon very just grounds and very true even in themselves objectively But however this matter be of the sole cause and because it is not much material to my main purpose whether of the two Neubrigensis or Baronius out of those other Authors speaks most exactly of that or if it be any way or in any degree material that surely Baronius's observation of others causes to have proceeded must be for me and though to help Neubrigensis as likewise to illustrate the matter in it self a little more I can add Hoveden ad an 1163. where he writes thus Eodem anno gravis discordia orta est inter Regem Angliae Thomam Cantuariensem Archiepiscopum de Ecclesiasticis dignitatibus quas idem Rex Anglorum tuebare minuere conâ—batur Archiepiscopus ille leges dignitates Ecclesiasticas modis omnibus illibatas conservare nitebatur Rex enim volebat praesbyteros diaconos subdiaconos alios Ecclesiae Rectores si comprehensi fuissent in latrocinio vel muâ—dra vel felonia vel iniqua combustione vel in his similibus ducere ad secuâ—ariâ— examina punire sicut laicum Contra quod Archiepiscopus dicebat quod si clericus insacris ordinibus constitutus vel quilibet alius Rector Ecclesiae calumniatus fuerit de aliqua re per viros Ecclesiasticos in curia Ecclesiastica debet judicari si convictus fuerit ordines suos amittere sic alienatus ab efficio Beneficio Ecclesiastico si postea fâ—ris fecerit secundum voluntatem Regis Bailivorum suorum judicetur therefore now Secondly you are to observe the progress of this great jealousy of the Kings whatever the sole first cause of it was and you are to observe it also out of Baronius who takes it from Robertus or Heribertus one of the said four Authors of the Acts viz that in the same year of Christ 1163. the same King Henry the Second being mightily incensed against our holy Archbishop of Canterbury and convening at London both him and rest of the Bishops of England and urging vehemently that such criminal Clerks as those before mentioned should after canonical punishment inflicted on them in the Ecclesiastical Court be delivered nevertheless to the secular Court our said holy Archbishop and not he alone but all the other Bishops unanimously and flatly refused to do so That hereupon the King being wholly enraged as seeing them all to a man so unanimous against him in that point demanding of them whether they would observe his royal customs consuetudines suas Regias they all having first consulted together and every one apart being demanded so apart answered they would with this caution Salvo ordine suo That when the King urged them to promise absolutely that they would without any such caution onely Thomas answered that when they had formerly sworn allegiance and fidelity to him Vitam scilicet membrum honorem terrenum salvo ordine suo in this earthly Honour the Royal customs were comprehended and that they would not oblige themselves in any other form to their observance then in that wherein they had formerly sworn That although Hilary Bishop of Chester seeing the King more and more incensed vehemently by reason of such their unanimous answer did without advising with the rest change that contentious caution into these other two words bona fide promising that himself would observe the Royal customs bona fide yet the King was nothing at all appeased but rejected him also with contumely and after many altercations departed full of anger and indignation from London without saluting any one of all the Bishops That matters continueing thus for some time next year after which was 1164. Thomas of Canterbury being much importuned by the reasons and desires of many Bishops and Abbots to conform himself in the controverted point to the Kings pleasure one of the Abbots having also told him that Pope Alexander himself when he had heard of these altercations had given way to and licenced such their conformity Thomas I say being perswaded at last by such arguments accoasted the King and promised him that he would alter the word or the caution which gave so much offence to His Majesty in that which related to his Royal customs or to the form of their oath for observing those customs That the King being hereby somewhat appeased and withal desirous that such alteration should be made publickly in Parliament or in a general Assembly of all the three Estates summon'd the same three Estates Lords spiritual Temporal and Commons or Magistrates as Baronius calls them to meet at Clarendon this very year 1164. and upon the thirtyth of Jan. That this great Assembly being sate and the King urging the performance of what was so promised Thomas apprehending again mightily that such performance might prejudice Ecclesiastical Immunity fell back from his promise nor could ever be brought on to it again or to acquiesce to the King either by any threatnings or by any blandishments of his untill at last moved by the continual intreaties prayers geniculations tears of as well the Bishops as of others of the Clergie and Nobility and by the present danger of prison banishment death represented by them to him he chose rather sayes Baronius to obey them then him that is he chose rather to be perswaded by them then by him and however this be acquiesced at last and first of all and in the presence of all the Bishops and whole Parliament swore to observe the Royal customs bona fide omitting and suppressing the contentious caution or words Salvo ordine and that immediatly after him all and singular the other Bishops every one a part for himself took the same oath and in the very self same tearms or form And you are to observe here how Roger Hoveden a
Reason which should govern or direct their particular Actions as well in order to themselves as to others and should foresee what might be objected False against Truth because so manifestly against both the Divine revealed Truths of Christian Religion and against those evidences also of natural Reason given by me before against the fourth ground of the same Louain Divines Injurious against Justice because against the most considerable right can be of all Princes States and People and even of the Clergy too if considered aright And in the highest degree may be Scandalous against Charity because in the highest degree may be harming the name and same of their Christian Catholick Neighbours and of so vast a multitude of them and because also not only of endangering in the highest degree inasmuch as in them lay even the very Temporal safety of so great a number of all the poor Catholicks in the British Monarchy and the peace of the King of Englands Dominions but further yet of raising against and casting and continuing on the Roman Religion it self in general or wheresoever professed the greatest hatred and blackness and hideousness and horrour may be and because too consequently of continuing still the chief cause of the grand Schism in Europe by keeping still that Block of stumbling and Rock of Scandal in the way of all Sects whatsoever which above any other hinders them from thinking of a Return to their Mother Church whereby to save their Souls in the Unity and Truth of the Catholick Church Than which I am sure nothing can be either more highly or more properly and strictly scandalous As for the Minor of the Syllogism being the last part of it which sayes that the second or short Censure of Louain judges our Remonstrance to be unlawful detestable sacrilegious c. is so manifest that it cannot be disputed since you read it so in that very Censure it self the former part only which sayes also and where it sayes That our Remonstrance contains only in effect word and sense an Acknowledgment only of a meer Supreme Temporal power in the Supreme Politick Magistrate and a promise of Obedience and Fidelity in meer Temporal things to the same Power and Magistrate remains to be made here no less manifest and to be made so manifest by analysing resolving and taking in pieces the whole frame of the Act of Recognition and all the Appendages of it whereof the dispute is or may be whether it contains any things besides such Temporal power in the Magistrate and such Obedience and Faith in Temporal things in the Subjects or by considering every clause of it one after another apart and the relations of one to another and to the whole and of the whole to each For there can be no other way to demonstrate this former part of the Minor And this is an easie way ad oculum and will save the Reader some labour of turning to the 7 8 and 9 pages where the whole Remonstrance is wherein that Act of Recognition and those other Appendages of it are inserted Yet before I come to an issue on this point the Reader is to be Advertised First That in that publick Instrument which hath these six or seven years past occasioned so many Differences or Disputes or rather renewed them having for Title The humble Remonstrance Acknowledgment Protestation and Petition of the Roman Catholick Clergy of Ireland it which in this distinction of words and proper strict sense of them as distinct is and ought to be understood by the word Remonstrance as in this Title so distinguish'd is not that which is at all controverted For that which is so understood is only the Representation of their then present sad and deplorable condition or of such grievances persecution suspition calumnies and odium under which for their Religion they lay then amongst their Protestant Fellow Subjects in Ireland Secondly That that which is and ought to be understood by the word Acknowledgment properly and strickly taken as in this Title signifying somewhat distinct from the meaning of the former word Remonstrance is no other than that which in the same Title is imported also by the word Protestation with this only difference That the whole Act of Recognition with all its Clauses and Appendages may be and is properly and truly an acknowledgment and confession both of the Supreme civil or Temporal power and of that obedience as above And that the very same whole Act of Recognition or Acknowledgment is in the Title called a Protestation partly because the Remonstrants or Subscribers do about the end of the same Act of Recognition formally or in formal express words Protest against all Doctrine and Authority to the contrary of that which they acknowledge confess c. in that very Act of Recognition and partly too because that having done in the former part of that publick Instrument with the Representation of their Grievances in general then and immediately before they begin their said Recognition they speak thus We know what odium all the Catholick Clergy lies under by reason of the Calumnies with which our Tenents in Religion and our dependance upon the Popes Authority are aspersed and we humbly beg Your Majesties pardon to vindicate both by the ensuing Protestation which we make in the sight of Heaven and in the presence of Your Majesty sincerely and truly without equivocation or mental reservation and partly also because by the word Protestation any publick Testimony whether it be by an Oath or not may be truly and properly understood And therefore I confess ingenuously that within the whole Act of Recognition separately taken from the rest of that Instrument there is no Protestation at all understanding by the word Protestation that kind of Testimony which is by oath For indeed there is no oath at all either formal or virtual in the whole Act so taken separately or in any Clause or Appendage of it so taken And yet I confess too that is or may well be understood to be either a formal or at least a virtual oath which is in the passage immediately antecedent or going before that Act. But this oath imports no more then that the Remonstrants or Subscribers do so antecedently swear or protest in the sight of Heaven that they do sincerely and truly without equivocation or mental reservation acknowledge confess disclaim renounce declare promise profess protest hold abhor and detest whatever they acknowledge confess c. in their following Declaration or said Act of Recognition And therefore by no meâ—â— imports that they swear their Acknowledgment Confession Renunciation c. are made conformably to the objective truth of Things or Laws in themselves For Example They swear not nor protest at all in the sight of Heaven That our Sovereign King Charles the Second is Lawful and Rightful King Supreme Lord c. or I mean that He is so according to the verity of Things and Laws in themselves but only that they
do acknowledge and confess Him to be so So that their said oath formal or virtual if an oath at all immediately going before or premised to the Act of Recognition doth not fall upon the verity of Things as in themselves objectively or upon the conformity of their words or of their sentiments to the things Objects or Laws as in their true Nature but only on the conformity of their outward or verbal Acknowledgments Confessions Renunciations Promises Resolutions c. to their own inward thoughts and hearts Which I thought fit to Note here for their sake who pretend for a Reason of not subscribing that it is not just they should swear that which is controverted or may be controverted or that they should swear that which they cannot otherwise know but by probable Arguments or swear that either formally or virtually which is in debate twixt great Divines As for Example That the Pope cannot de jure dethrone or depose our King for this Position must be virtually supposed by the Subscribers of our Remonstrance For their sake I say it is I give this Advertisement here That there is no kind of oath formal or virtual in that Act of Recognition or in any Clause or Appendage of it and that the antecedent Proposition in the sight of Heaven or oath if it be an oath immediately going before it falls only on the conformity of their words to their mind that is signifies only That however the Things Objects Laws c. be in their own nature yet the Subscribers do sincerely and truly without equivocation or mental reservation acknowledge and confess renounce disclaim protest detest abhor c. so and so And yet I confess they cannot honestly or conscientiously do so or profess or subscribe so unless at the same time they persuade themselves of the absolute certainty or at least of the undoubted probability of all such Positions as are either formally contained in or virtually supposed by the said Act of Recognition or in or by all or any of the Clauses and Appendages of the same Act and unless they resolve also at the same time never to change their opinion in that or concomitant Resolution to be ever accordingly faithful to the King For otherwise by doing so or professing or subscribing so the Subscribers must be guilty before God of most grievous sins against both God and the King that is first of Perjury by calling Heaven to witness their sincere profession of that which either they do not believe or persuade themselves at all that they ought by any means to profess or if they persuade themselves that they ought or might without sin profess they do not resolve in their heart to perform what in word they promise at least virtually for the future and in the second place of Hypocrisie or of the most horrid odious scandalous and dangerous dissimulation and deception may be of the very King Himself and in a matter of highest concernment to His Majesty and all His People And I say yet that without such persuasion and resolution the Subscribers must be guilty of such enormous sins let the Protestation it self and in it self objectively taken be admitted by all sides to be in all respects the most Christian Catholick and Conscientious hath ever yet been framed Because that according to the Rule of the great Apostle Paul to the Romans chap. 14. vers 22. Omne autem quod non est ex fide peccatum est whatever is done or professed or promised contrary to the dictate of ones own inward conscience must be to him a sin be it otherwise in it self and according to the very Law of God himself the most holy action profession or promise can be Whereof to give here a further Reason is as needless as it is obvious to all knowing men That our inward practical dictate is and must be to us the measure and very next Rule of our Actions Dictamen practicum regula proxima humanorum actuum And that although our conforming our selves to it be not sufficient alwayes or at all times to render our Actions just as when it is not just in it self according to the objective Truth of Things or Laws in themselves yet our varying from it in our Actions is abundantly sufficient to render our Actions unjust evil and vicious quia bonum ex integra causa malum ex quocunque defectu Thirdly And consequently the Reader is to be Advertised That to save him the trouble of turning back to the beginning of this Book I give here word by word all that Act of Recognition otherwise called the Protestation of our Remonstrance and the Petition following it immediately concerning both which Recognition and Petition or some passages of both or either all the Controversie and Censure of Louain is For without any interjection presently after the last passage given before in my second Advertisement of the Remonstrance of what or of that odium the Irish Clergy lay under that Instrument thereof proceeds thus and begins continues and ends the Act of Recognition thus WE do acknowledge and confess Your Majesty to be our true and lawful King Supreme Lord and Rightful Sovereign of this Realm of Ireland and of all other Your Majesties Dominions And therefore we acknowledge and confess our selves to be obliged under pain of Sin to obey Your Majesty in all Civil and Temporal Affairs as much as any other of Your Majesties Subjects and as the Laws and Rules of Government in this Kingdom do require at our hands And that notwithstanding any power or pretension of the Pope or See of Rome or any Sentence or Declaration of what kind or quality soever given or to be given by the Pope his Predecessors or Successors or by any Authority Spiritual or Temporal proceeding or derived from him or his See against Your Majesty or Royal Authority we will still acknowledge and perform to the uttermost of our Abilities our faithful Loyalty and true Allegiance to Your Majesty And we openly disclaim and renounce all Forreign Power be it either Papal or Princely Spiritual or Temporal inasmuch as it may seem able or shall pretend to free discharge or absolve us from this Obligation or shall any way give us leave or licence to raise Tumults bear Arms or offer any violence to Your Majesties Person Royal Authority or to the State or Government Being all of us ready not only to discover and make known to Your Majesty and to Your Ministers all the Treasons made against Your Majesty or Them which shall come to our hearing but also to lose our Lives in the defence of Your Majesties Person and Royal Authority and to resist with our best endeavours all Conspiracies and Attempts against Your Majesty be they framed or sent under what pretence or patronized by what Forreign Power or Authority soever And further we profess that all absolute Princes and Supreme Governors of what Religion soever they be are Gods Lieutenants on earth and that Obedience
orbem absolvere possit Et propterea dogma illud quod asserit quemque posse suum Regem quod sit disparis Religionis aut fidei Romano Catholicae contrariae e medio tollere aut contra illum arma movere ut impium Sacris Scripturis vetitum detestor abhominor Ac proinde teneo ac profiteor esse cuivis boni Catholici Subditi officium omnes Conspirationes clandestinas machinationes ad Rebellionem tendentes Regi aut sub illo Magistratui competenti aut Consiliario quamprimum aperire indicare neque ita facturum juro profiteor Ad quod maxime Divinum illud Oraculum Reddite Caesari quae sunt Caesaris Deo quae sunt Dei me invitat imo firmiter obligat In quorum omnium singulorum fidem ac robur his ego proptia manu subscripsi Pat Daly J. V. D. Octavo Maii 1663. THat Nation must be very barbarous and altogether a stranger to the Law of Nature which does not love dread and reverence Kings see over them by God which does not esteem the Name and Majesty of a King to be embraced and worshipped in Temporals next to God as a thing glorious yea even divine Wherefore there is a duty incumbent upon all the Irish but especially upon those who serve at the Altar and have the charge of instructing others to manifest with what and how great joy they celebrate the most happy Inauguration of our Illustrious Monarch and His Return to possess the Government of His Ancestors Why should not I therefore as it becomes all others likewise wish all happiness and prosperity to our most successful Prince who has snatch't these Nations and above others His Ireland out of the jaws of cruel Tyrants under whose barbarous yoke they have hitherto groaned Since it is far from Christian piety to do or think otherwise But having heard that many have a suspition there are several of our Order in this Kingdom who endeavour to raise intestine Sedition yea and aspire to get Forreign Forces to make a Rebellion against the Sacred Majesty of the King I cannot nor ought I to conceal with what observance love and sincerity of mind I am ready to yield Obedience and wish Prosperity to my most victorious King and how I am ready to bind my self by Oath faithfully to perform the same Wherefore I do most Religiously acknowledge and affirm in the word of a Priest sincerely and without all equivocation disguise or mental reservation That our most Illustrious King CHARLES the Second is Lord of this Kingdom of Ireland and of all other His Majesties Realms and Dominions by a true legitimate and hereditary Right and that I will obey him in all matters Temporal and Civil most faithfully I and deservedly and that there is no power under Heaven which can absolve me from this Oath of Allegiance more than those of my Function who are Subjects of the Princes of Germany Spain or other Nations throughout the World And therefore I detest and abhor the Opinion as impious and forbidden by the Holy Scriptures which maintains That any one may kill His King or take up Arms against Him because He is of a different Religion or of a Belief contrary to the Roman Catholick Faith Wherefore I assert and profess That it is the duty of every good and Catholick Subject forthwith to detect and discover to the King or to some competent Magistrate under him or to a Privy Counsellor all Conspiracies and clandestine Machinations tending to Rebellion and I swear and profess that I my self will so do Whereunto that Divine Oracle give unto Caesar the things that are Caesars and unto God the things that are Gods does chiefly invite and firmly bind me To give strength and credit to all and every of these I have subscribed with mine own hand Pat Daly J. V. D. 10 May 1663. Where you see nothing at all home to any purpose much less to that of the Remonstrance of 1661. And indeed this good man alledges now being the year 1668. it was therefore the general Congregation of the Irish Clergy at Dublin and in 1666. did not would not Subscribe the Remonstrance of 1661. because Father P. Walsh declared publickly in the said Congregation That Remonstrance tyed them to stand by the King against even the very Pope himself in person invading any of His MAJESTIES Dominions with an Army and even in case too the pretence and intent also of such Invasion were only and purely to Re-establish Catholick Religion and to restore Catholick Proprietors to those Estates whereof they have been so lately dispossessed by force of Arms or which have been more lately yet invested in others by those several Acts of Parliament we have seen pass since the Kings Restauration But whether or no the said Father Peter Walsh descended then to such a case expresly and publickly in any of his several Speeches to that Congregation yet I am sure he hath sufficiently demonstrated in the _____ page of this First Part and elsewhere often the lawfulness and justice and even the necessity also of such engagement and sense of the Remonstrance at least as to a promise of passive obedience even in such very case to the King Nay and also as to active obedience and positive fighting for the King and themselves and for the natural and civil being of all the people of these Dominions even also in case of such an Invasion or of any made even with previous manifestoes of such a pure intention because no mortal man could without divine special and extraordinary Revelation know certainly that to be the real inward intention whatever the verbal outward of manifestoes should be and because of the nature of Conquest and Wars wherein a thousand Accidents may intervene which may wholly change the first intention or design A Third Paper or form of a Declaration and given the DUKE by the Lord Birmingham April 8. same Year 1664. VVE acknowledge and profess that it 's our Tenet and Opinion That we are by the Laws of God bound under pain of sin to observe inviolably and perform publick Faith with all manner of persons of whatever profession in Religion they be and to be as true obedient and loyal to our Sovereign Lord and King CHARLES the Second King of this Realm of Ireland and other His Dominions as any of His Subjects and that accordingly we will bear Him during our lives true Faith and Allegiance in as dutiful and obedient manner as the Laws of this Kingdom do require from us And if the Pope of Rome or any other person either Ecclesiastical or Temporal shall either by force of Excommunication Sentence of Deposition or by any other wayes or means attempt any thing to His prejudice That we will in opposition thereunto and in defence and maintenance of His Person Crown and Government expose our Lives and Fortunes if need be All which we Religiously swear to observe and that no
their pretences for all both spiritual and temporal Jurisdiction condemn'd as both unlawful in point of Conscience and as Heretical too So that from first to last this second medium would prove in effect only a medium to fortifie the Popes pretences and set all Irish Catholicks loose from any kind of tye of Allegiance to the King But more especially their Clergy being it is known that every Clergy-man of the Roman Communion is either by solemn vow or promise or oath and by the tye also of so many other both general and particular Canons and Statutes tyed and fast enough bound already to the Pope And yet this medium would have them not bound at all unto the King by any as much as a simple Declaration of their Allegiance or a simple promise to continue or prove hereafter obedient or Loyal Subjects to His MAJESTY Finally how after these Answers it being One a Clock the Conference ended without other Conclusion or Agreement Now what opinion this Internuncio de Vecchiis entertained or had after this Conference of the said Fathers Caron and Walsh I know not certainly But have been told he said this much of them to Father Philip Howard with whom he went that day to Dinner That they seemed not to him as if they did pretend or intend any Schism or Sect. However I am sure that at least before that Conference his Lordship seemed by his Letters against the Formulary and Authors or promoters of it to have endeavoured mightily they should have been otherwise thought of amongst the Roman Catholicks of Ireland One of those Letters you have before in the vii Section 16 page of this First Part. And now for your further satisfaction in this point I add here two more whereof the first was to Father Matthew Duff one of the first Franciscan Subscribers of the Formulary at London and one the said Internuncio had by commerce of Letters and otherwise some acquaintance with formerly Which was the reason the Procurator Father Walsh desired him when the said Formulary first came out in Print to send a Copy of it to this Lord Internuncio to Bruxels and by Letter to sound his judgment thereof As he did also desire the Lord Bishop of Dromore at the same time and to the same end to write The Internuncio answered both in two distinct Letters the very Originals whereof I my self had in my custody But desired after by the said Lord of Dromore to give them to the Chancellor of England I did so reserving only Copies to my self The Copy of that to the Bishop I have lost as I did likewise mislay that of the other And therefore could not give either in their due place But now finding by chance amongst my Papers the Copy of the other to Father Duff alias Lyons I give it here hoping also to have for my Latin work both those very Originals Internuncio de Vecchiis's Latin Letter to Father Matthew Duff against the Formulary or Remonstrance Reverende in Christo Pater PRiores vestras litteras cum charâ—â—s Anglicis recepi eisque non respondi quod praeviderem quidem non tamen plene scirem mentem Sanctissimi Domini Nostri Interim professionis vestrae formula Romam delata est mature illic discussa atque omnino reprobata Scribit sua Sanctitas illam sibi gravissime displicere esse intollerabilem cum qua nullatenus possit conveniri Atque hoc vult omnibus insinuatum consonat enim Professioni quam olim admodum doluit ac damnavit Paulus V. Pontifex nuper denuo Innocentius decimus Porro Regiae Majestati Sua Sanctitas a vobis deferri vult omne officii fidei atque obedientiae genus vos istbic esse vult istarum erga Regem virtutum exemplar etiam ipsis Hereticis atque ita in loco tenebroso lumen mnndi Admodum sentit admiratur sua Sanctitas a vobis Sacerdotibus atque Religiosis manasse originem ex qua etiam Laici Nobiles sunt in hanc professionem inducti Quocirca aliud non possum quam rogare Deum omnipotentem ur vos illuminet doceatque viam qua sic Regi reddatis quae sunt Regis ut Deo non auferatis quae sunt Dei Bruxellis 22. Julii 1662. Paternitatis Vestrae Amantissimus in Domino Hieronymus de Vecchiis c. In English thus Reverend Father in Christ YOur former Letters with the English Papers I have received but not answer'd because that although I did indeed foresee yet I did not fully know the mind of our most holy Lord. In the mean while the Formulary of your profession was brought to Rome maturely there discussed and utterly disallowed His Holiness writes it to displease himself most grievously to be in it self intolerable and such as cannot in any manner be allowed And his pleasure is that this be insinuated or made known unto all For it the said Formulary agrees with that Profession which heretofore hath so much grieved and was condemned by Pope Paul the V and lately again by Innocent the X. And yet withall it is his Holiness 's pleasure That you do pay to Royal Majesty all kind of Duty Faith and Obedience and his Will is that you be there of these vertues towards the King exemplars even to the very Hereticks and so in a place of darkness be the light of the World His Holiness very exceedingly both resents and admires That from you Priests and Regular persons the very first off-spring should proceed whence also the Lay Nobility and Gentry have been induced to this profession Wherefore I can do no other than pray the Almighty God that he enlighten you and teach you the way whereby you may so render to the King what belongs to the King that you take not from God what belongs to God Bruxels 22. July 1662. Your Paternities Most loving in the Lord Hierom de Vecchiis c. The second Letter was in the year following by the same Internuncio written to Father Bonaventure alias Flann O or â—â—â—ac Bruodin to Paris at the said Father's return to Ireland whereof I have the very Original given me at Dublin by himself that very or I am sure at least next year upon his Landing there from France Of him you have before in the beginning of this Work Sect. xii page 42. and Sect. xxxi page 70. sequenâ—thus a further account This Letter is word by word thus Reverende in Christo Pater AMicissimas Paternitatis Vestrae Parisiis 20. lapsi datas accepi quibus nunciat se iterum Hiberniam cogitare Quocirca faelicissimum ipsi iter exopto ac Facultates Missionarii Apostolici transmitto Quod autem subjungit de periculo confusionis in eo Regno occasione Visitatoris proxime instituendi vellem me particularius desuper informaret ut re plene intellecta consulere opportune possem Nil mihi occurrit quod Paternitati Vestrae in praesens commendem Summa autem in eo est ut Conterraneos suos tam
the Franciscan Order in Flanders James de Riddere but also the then present Theological Faculty of Louain were really desired no Reason whatever was pretended but even contrary to all Reason expected an absolute and blind submission However the Procurator Father Peter Walsh was very unwilling to give amongst his own Countreymen against himself or Formulary this advantage viz. that upon or notwithstanding such a specious invitation he would not dare abide the test or go I mean to Flanders to confer with his own Superiours and those Divines of Louain who had so briskly censured the same Formulary He apprehended the false and scandalous consecutions would be thence deduced and both loudly and largely in every part of Ireland amongst all sorts of people cryed and spread by the Anti-Remonstrants viz. That had not Walsh and Caron suspected their own strength to justifie the Formulary and consequently the unsoundness of it in point of Catholick Religion they had never bogled at appearing in Flanders Behold the true genuine cause wherefore Father Walsh resolved at any rate or risk whatsoever to go himself alone when Father Caron would not provided nevertheless he had their permission at Court by whose mediation and persuasion he had both obtain'd already the quiet which the Clergy and people of Ireland at that present did enjoy and expected much more yet for the future or had at least His MAJESTIES Licence And indeed partly with the most specious Reasons he could offer and partly also by too much importunity he obtain'd at last the Duke of ORMOND then LORD LIEUTENANT of Ireland his consent But when the matter came to the Lord Chancellor and others it was wholly obstructed yea notwithstanding my Lord Aubigny's joint and earnest sollicitation even for four or five Weeks this Noble man also being as earnest therein as concern'd to oblige thereby the said Internuncio and Court of Rome wherein he was about that time a Pretendant And yet the Lord Chancellor would send no other but this very Lord Aubigny to both Walsh and Caron declaring to them from the King it was His MAJESTIES pleasure and express commands to them they should not stir out of His MAJESTIES Dominions And to Father Walsh moreover That the Chancellor would speak to himself on that Subject Who when he appeared before his Lordship heard himself to some purpose ratled for entertaining any such thought And I remember very well that his Lordship said to me amongst many other things That I was rash and foolish to think they would perform any faith or promise with me yea notwithstanding I had all the safe Conducts I could wish both de Vecchiis's and Carracens's too the Spanish Governour then That he was certain had they now once more got me into their hands they would together with the Remonstrance and all the consequents of it call to mind what I had formerly acted against the Nuncio Rinuccini and therefore would never let me return nor And that sure I could not by any promise expect more safety than Huss did from the Emperour's Pass-port nor surely from the present Ministers of the Court of Rome more honesty or sincerity than he by a fiery and deadly experience found in the Council of Constance Lastly his conclusion was a repetition of His MAJESTIES former Commands to me by my Lord Aubigny Then which I must confess as I also before God protest it to be true I do not remember that in my life I received any Command with more regret so earnestly desirous was I then to appear in Flanders and confer with those Divines of Louain who so temerariously Censured the Formulary and Subscribers of it And so troubled I was with the apprehension of what Lyes and Scandals my Adversaries would derive from my not going thither Which and to speak also plainly my further sense under my own hand 's writing to the said Internuncio de Vecchiis was the reason I writ him immediately in Latin this following Letter being an exact Translation of the Latin My Lord HAving understood from Father Gearnon what your Lordship was pleased either to communicate or object or otherwise to give him in charge to be told to Father Caron and me of your Lordships desire of seeing us the said Caron and Walsh at Brussels to the end we might confer with our Superiours and other Divines about the Form of the late Protestation and having withall soon after seen your most civil Letter to the same Father Caron inviting him particularly to Brussels and inviting him as well for the foresaid end as for that other also of removing the difficulties that hinder as yet his being instituted Commissary Visitator of the Province of Ireland which difficulties your Lordship sayes have their total rise from the said Form as the onely Rock of Scandal I resolved presently to use my utmost endeavours for satisfying your Lordships desire and that your most civil invitation should not be in vain And therefore have these five whole Weeks past minded onely a Licence or Permission to depart as my Lord Aubigny can witness and likewise press'd it very earnestly as well with the Vice-Roy of Ireland as with the Chancellor of England For without their privity and good will and much less without His MAJESTIES consent or permission it could not be lawful for us or either of us in this or like case to depart Nor would even your Lordship if I be not much deceived think it expedient we should whereas any kind of dispute conference or even change either in the sense or words of that Form would be to no purpose without their previous consent who must of necessity be assured by that very Form or some other such Catholick and just I mean and which they shall think sufficient to their own purpose of the future Loyalty of Subjects in matters relating to the temporal peace of the Kingdom and who if they be not so assured will give no hopes at all of that liberty for the Clergy or people of Ireland which these poor Creatures do with so much longing expect And indeed the most excellent Vice-Roy assented first But when the matter was broke to the KING and Chancellor it seemed of greater moment than to be so soon determined Wherefore having further till the first of February expected His MAJESTIES Royal Pleasure being at last sent for by my Lord Chancellor and appearing at his house after much debate to and fro near two whole hours partly upon your Lordships Letter to Father Caron which the Chancellor then was pleased to hear me read and partly upon other papers and passages relating to the subject of that your Letter I nevertheless heard to my very great grief even there and then my self present and from his own very mouth pronounced That neither Caron nor I nor any other should go on such an Errand or depart for any such end because this were as much as to subject a thing in it self wholly certain and the regal and
him either direct or indirect as they speak and that either spiritual or temporal or mixt depose all Kings whatsoever at least such as are Christians but above all such as are Hereticks or believers of Hereticks and may depose them at least casually as Innocent the Third speaks that is for sin or by occasion of their sin or may at least depose them for some kinds of horrid sins or lastly for evil Government or unfitness or uncapableness to govern as the foolish Assertion is of some late smattering Divines flattering Parasites of the great Pontiff For indeed although from the very first time I understood any thing of Theological positions relating to the Civil or Lay and Ecclesiastical or Church-powers which the more ancient Divines and many too of the very Scholasticks have excellently well distinguished as Gerson Almainus Occam and others it never once entered my Soul to repute the great Pontiff alone without a Council Oecumenical to be a competent Judge in this Controversie as I never since or before either believed Him to be infallible or unerrable but in such a General Synod only and only too in defining there with their concurrence Articles or matters of Faith yet even in his sole judgment as in that of the Primary Bishop and Universal Patriarch Doctor Father and spiritual Superiour of all Christians I have alwayes thought fit to acquiesce for the peace of the Church until a General Council be assembled I mean if or when he declares that his judgment as Pope not as a particular Doctor and further if it evidently appears not to contain an Error against the Christian Faith once and all along till then delivered and lastly if or when it is in matters purely belonging to that very Faith Wherewith notwithstanding is well consistent and compatible That I Religiously acknowledge his fulness of Apostolical power in spirituals and my own absolute subjection to Him in such as I do indeed and as I am specially bound to by the Rule of St. Francis I profess most devoutly acknowledge both This only follows out of what is before said That if from the appearance of Caron or Walsh at Bruxels your Lordship hoped for a Refixion of their Signatures you have invited them to no purpose Or you thought peradventure of some kind of modification or change of the said Form either as to the sense or to the words or both If to the sense you would without any peradventure lose both your oyle and pains Since it is very true and certain That hitherto no reason no motive proposed to those from whom we do expect the benefit of that Protestation could prevail with them to admit not even in the least any manner of variation in the sense for what concerns the substantial parts of a declaration and promise of fidelity indispensable by any mortal and of an acknowledgment of the Kings MAJESTIES power Supreme in Temporals to depend of God alone and of no other kind of power on earth Spiritual or Temporal or mixt of both whatsoever But if to the words the same sense in substance still retained they have already granted that Or lastly perhaps you thought of Treating with us of some other wayes or means whereby the Romish Clergy of the Kingdom of Ireland may be restored to His MAJESTIES Favour notwithstanding that the foresaid Form be laid by for ever and not only that Form but all and every or any other Form Oath Protestation or Declaration whatsoever of Allegiance And truly I could with all my heart wish there might be any such Expedients proposed or such as would be grateful to His MAJESTY and prime Counsellors of State But that any such may or such as will suffice without a publick Declaration Protestation or Oath of fidelity for the future I do for my part wholly despair So deeply hath the remembrance of the Troubles raised amongst the Catholicks of Ireland against the King and Crown and Peace of that Countrey in the late Wars by the Lord Nuntio Rinuccini and by his too too zealous sticklers of the Irish Clergy fixed its Roots And so powerful to break open again and make the old sore fester anew your Lordships endeavours and contrivements for so they call here your Admonitions and Cautions and much more yet those of the most eminent Cardinal Francis Barberine in so many several Epistles of both to the Clergy Nobility and Gentry of Ireland on the subject of our Protestation have been Epistles sent to no other end say they but to alienate once more that Nation and Kingdom from the duty of Subjects For if this were not your design their demand is Why should you seek for knots in the smoothest bulrush Whatever your Lordships intention was or whichsoever of these three things you resolved to propose to Caron or Walsh or both had they appeared at Brussels I see not wherefore being they are stayed at London it may not be as well proposed unto them and by mutual Commerce of Letters treated as happily nay far more happily and speedily too I mean as to any reasonable point than if they had been at Brussels Wherefore by the wounds of the crucified God I beseech your Lordship may be pleased to deal fairly and candidly with us and with the rest of the Irish Clergy and write the single Proposition or Clause any one or more if perhaps more then one seem such to you or your Divines which may be said undoubtedly to be against faith or salvation or which may render the Subscribers guilty of Sacriledge as your Doctors of Louain have Censured the Form in general And that you may be pleased to fix on such Proposition or Propositions Clause or Clauses not by the Rule of any variable sentence of some Opiners but by that of the infallible sense of all Believers by that of the constant doctrine of the Church and by that of the divine persuasion of all People Kingdoms and Nations that are in communion with the Roman See and Bishop Which if your Lordship cannot do or if you cannot according to this Rule single out of that Form any one Proposition or Clause or more such that may be lyable to Censure let I beseech you the most holy Father permit a miserable people communicating with and obeying Him in spirituals redeem themselves by lawful and honest means from the severity of Laws which make them drag a life of hardship and slavery clear the suspition of disloyal principles and practices otherwise most justly conceived of them and wipe off as well as they can and wash away that blemish which renders even Catholick profession in it self very odious Nor verily can it be esteemed just much less pious and the Church ought to be very pious in governing That the most Holy Father should by Censures and Threats or such other means either by Letters or by Messengers compel or drive any people or persons at least who live without the bounds of his own proper temporal Jurisdiction
verbo complectar suppliciter significo Paternitati Vestrae Reverendissimae nolle Magistratum nostrum ullum admittere in Commissarium aut etiam Provincia Vicarium aut Ministrum Provincialem nisi talem qui fuerit Regi nostro ejusque Ministris gratus Ad satisfactionem alterius Partis nos hic congregati nominavimus duodecem personas ex solis Anglo-Hibernis supponentes quod unus vel alius esset positive gratus quo non obstante tandem resolutum est cum non sciremus quis foret positive gratus Gubernio neminem nominare Sed totum relinquere Prasentationi Curiae ne vel in minimo videamur velle Magistratum offendere Quare obnixe in Domino flexis genibus rogo Paternitatem vestram Reverendissimam quatenus quamprimum de tali ex Curia constiterit quod ipsum instituat in Commissarium seu Vicarium Provinciae ut Magistratui satisfiat tandem his litigiis finis imponatur videamusque semel Pacem in diebus nostris quod si aliquid interea superveniet a Reverendissimo Patre nostro Ministro Generali rogo quantocius securius mitti quia tunc etiam non parum temporis elabetur donec resciatur ex Curia an fuerit gratus qui mittendus est Quae omnia omni cum submissione offert rogat praesentat Paternitati vestrae Reverendissimae Reverendissime Pater Paternitatis vestrae Reverendissimae Servus Filius indignus Fr Antonius Docharty As for the Protestation or new Formulary of their own sent to me by that Diffinitory as you find it mention'd in their Letter to me you have it here following To the Kings most Excellent Majesty CHARLES II. The most humble Remonstrance Acknowledgment and Recognition of the Provincial Fathers of the Province Diffinitors and the rest of the Religious of the Order of St. Francis in Ireland WE do freely confess and declare in our Consciences Your Majesty to be our true and lawful King Supreme Lord and rightful Sovereign of this Realm of Ireland and of all other Your Majesties Dominions And therefore we acknowledge and confess our selves to be obliged under pain of Sin to obey Your Majesty in all civil and temporal Affairs as much as any other of Your Majesties Subjects respectively and as the Laws and Rules of Government in this Kingdom do require at our hands And that we will still acknowledge and perform to the uttermost of our Abilities our faithful Loyalty and true Allegiance to Your Majesty and That notwithstanding any power on earth pretended to the contrary be it spiritual or temporal or any sentence or declaration of what kind or quality soever given or pretended to be given or which hereafter shall be given or pretended to be given by any such power or by any authority spiritual or temporal proceeding or derived from any such pretended power against Your Majesties Rights or Royal Authority And we openly disavow and disclaim all Forreign power either spiritual or temporal inasmuch as it would or shall pretend to free discharge or absolve us from this obligation or shall any way give us leave or licence to raise Tumults bear Arms or offer any violence to Your Majesties Person Royal Authority and Rights or to the State or Government being all of us ready not only to discover and make known to Your Majesty and to Your Ministers all the Treasons made against Your Majesty or them which shall come unto our hearing but also to expose our Lives in the defence of Your Majesties Person Rights and Royal Authority as occasion will require and to resist with our best endeavours all Conspiracies and Attempts against Your Majesty be they framed or sent under what pretence or patronized by what Forreign power or authority soever And further we profess That all absolute Christian Princes and Supreme Governours of what Religion soever they be are Gods Lieutenants on earth in their own Dominions and that obedience is due to them according to the Laws of each Commonwealth respectively in all civil and temporal Affairs And therefore we do here protest against all Doctrine and Authority to the contrary And we do hold it impious and against the Word of God to maintain that any private Subject may kill or murther the Anointed of God his Prince though of a different Belief and Religion from his And we do abhor and detest the practice thereof as damnable and wicked Fr Antony Docharty Minister Provincial Ex parte Diffinitorii Fr James Cay Diffinitor Secretary of the Diffinitory O The place of the Seal In such very Form sealed with the great Seal of their Province and attested so as you see by the proper hand of their President and of their Secretary too in the name of the rest of that Diffinitory they sent me two original Duplicats of their said Protestation as of their own proper Remonstrance Acknowledgment and Recognition c. but without any either Preamble antecedent or Petition subsequent or other Complement or Address annexed besides those Letters to my self Another Paper also signed by them all was sent unto me by Father Gearnon from that meeting as all the other both Letters and Papers were by the Pacquet and Post For the truth is neither to him nor to any other of the more intelligent persons that were for the Remonstrance did any of all these either Letters or other Papers seem worthy of his toyle to come in person with them or even scarce to send them by the very Post However he did carefully send all those you have already seen and besides them this other protesting briefly in the word of Priests That none of them had by himself or other written any such matter as was contained in the Petition exhibited at Rome to the Cardinal Protector in the name or behalf of the Province of Ireland against Father Walsh Caron and rest of the Remonstrants Such was the effect in short of this other Paper as you shall see in their own words For having drawn a Copy of the said Petition upon one side of a Leaf and it as a true Copy authenticated by their Custos Custodum James Fitz-Simons their Provincial with his own hand on the other side of that same Leaf written in Latin as above and both himself and all the rest of the Diffinitory sign'd it as here now word by word Ego in verbo Sacerdotis protestor me nihil ex retroscriptis scripsisse aut scribi fecisse ad Eminentissimum D. Cardinalem Fr Antonius Docharty Minister Provincialis Idem ego testor Fr Petrus Gennor Diffinitor Fr Paulus Feranan Diffinitor idem testor Fr Antonius de Burgo Diffinitor idem testor Idem quod supra in verbo Sacerdotis protestor Fr Jacobus Caius Diffinitor Diffinitorii Secretarius But who sees not the equivocation or rather reservation and the cheat and insignificancy of this Paper 1. Because neither Thomas Makiernan nor Bonaventure O Mellaghlin two of the chief Anti-Remonstrant Fathers of the Diffinitory did sign it 2.
submission under their own hands writing and a new Provincial and Diffinitory chosen all of them Nuntiotists and all the Guardians likewise either titular or real made of that Party and in the last place Fifteen severe and publick Statutes voted and established for perpetual Laws against all the Anti-Nuntiotists the said Commissary Visitator confirm'd all and so discharged his duty to Rome which had him for those ends and no other Commission'd 4. That after the defeat of the foresaid Bishop of Clogher and the excommunication too of the rest of the Bishops and of their other assistants of the Clergy both Secular and Regular against all who should thenceforth obey or acknowledge the King's Lieutenant came to be generally known and the Lord Lieutenant had thereupon thought fit to withdraw out of the Kingdom and nevertheless and at the importunity of the more loyal part of the Nobility and Gentry having thought also fit to leave the Kings Authority in the hands of the truly loyal Marquess of Clanrickard a Roman Catholick yet even under this very Catholick Deputy the Nuntiotists not regarding neither him no more indeed then they did the Protestant Marquess of Ormond nor the common Enemy studied nothing more than how in the few places how in the very Mountains Boggs and Woods which only at last through their own disobedience and division were left them and that too but a little longer free if yet free from the Parliament Forces to persecute those other Clergymen who as well in their latter as former excommunication opposed them still but chiefly to persecute their more leading or more resolute men and above all others Father Peter Walsh who records this now to Posterity And that him the said Father Walsh they persecuted so maliciously inveterately continually and in many respects inhumanely â—oo throughout all Provinces Counties Places whither at any time he withdrew or wherever he sheltred himself from the common Enemy the Parliament Forces that at last in the year 1651. and then in a Provincial Synod held in the woods of Clanmalira in the Province of Leinster where he then was by chance they not only solemnly and by name denounc'd him excommunicated but interdicted even also the victualling Folks that should for as much as his money dare to suffer him enter into their houses or sell him meat or drink nay further that some of that very meeting though not by a publick Act encourag'd the looser Souldiery to kill him telling them it was lawful so to do being he was excommunicated as disobedient to and an Enemy of the Church What he suffered lately before at Kilkenny Limmerick Killaloe Galway Inishbofin c what hazards he run often in the very High-wayes Travelling were too long and not proper here to be related It sufficeth to let the Reader guess hence how it was about this time everywhere throughout Ireland with the generality of such loyal Ecclesiasticks as with him stood out so many furious shocks and weather'd so great and long and continual storms after the Royal Government began to decline in August 1649. but much more after the Lord Lieutenant had by Jamestown Excommunication been forc'd away for France about the end of the year 1650. And yet I must confess they were much weakned too before then by the loss of such numbers of them and of the holiest of them as were kill'd at Wexford * Richard Synot Paul Synot Francis Stafford Hamond Stafford John Esmond Peter Stafford c. all of them esteemed the most religious exemplar and indeed holy men of their Order in Ireland or at least equal to any whatsoever The first of them was often Guardian of several Convents amongs which was that of St. Isidore at Rome and Custos of the Province The second was even Legat from the Pope in Baâ—bary for many years Third Guardian of Wexford sometime and Secretary of the Province Fourth also Guardian of the same place and after an Hermit in an Island till he was commanded out of it by Father Caron Fifth likewise Guardian of the same Convent in his turn and of special gift in exercising Sixth like St. Bartholomew had by continual kneeling in Prayer the skin of his knees as hard as a Camels by the Parliament Forces when the Town was taken by storm and some also at Droghedagh and others elsewhere albeit the adverse Ecclesiasticks or Nuncio party cryed down those true and holy Martyrs for truly cursed and excommunicated persons and refused to pray for them as having condignly suffer'd death because forsooth obnoxious to the Nuncio's Excommunication they lived and dyed out of the Church And I must confess also that some others of their best ablest and holiest Fathers too at Waterford during the Siege thereof at Dublin in Prison and elsewhere in several parts of the Kingdom dyed of the great Plague which begun in the year 1649 and continued above Three years running over all parts and corners of the Island except onely the North. As for the Nuncio's unheard of proceedings against Valentine Brown and George Dillon at Galway such qualified persons the one Reader Jubilate of Divinity and Father of the Province as who had not only often been Guardian and Commissary thereof but also Minister Provincial above Twenty years before the other a Noble-man's son and then actual Guardian of the Town as he had formerly been Diffinitor and several times Guardian of some other Convents and both of them most virtuous and exemplar men how the Nuncio himself in person jointly with their own Provincial Thomas Makiernan suspended and both removed and reduced them to the communion of Laicks publickly before the People and this only for refusing to approve of his former Excommunication fulminated against the adherers to the Cessation of Arms concluded with the Baron of Inchiquin in May 1648 I say that as for this albeit so unjust so unheard of so uncanonical procedure wherein moreover the Nuncio himself denied them even a Copy of their sentence I will say nothing here because notwithstanding it and many other such of the said Provincial Makiernan against some others then and for some months before and after in such parts of the Kingdom where he and his Faction were rampant the opposers of the Censures adherers to the Cessation and Appeal and consequently also the said Valentine and George within some few months more got clearly the better every way of all their Adversaries albeit these advantages were lost again by such degrees and means as I have said before And for the same Reason I will not mention here Neither 1. The Provincial Chapter of the Franciscan Order at Rosserial in the year 1647. where at the Nuncio's beck and by his and the Vlster parties contrivement both Provincial Diffinitors Custos and all the Guardians generally throughout the whole Kingdom only a very few of these last excepted were chosen out of that sole Faction which had devoted it self to the said Nuncio and Owen O Neill for obstructing
amongst their miserable Relations or were actual Prisoners to the Parliament or peradventure expected at least some of them a better opportunity to go if they could not stay That if I say for so long time at home after Rathmines Fate matters went so ill with all those were against the Nuncio and his censures and Owen O Neil and were for the Cessation Appeal Peace Ormond and consequently for the King much more ill must all things have gone after and accordingly did go with them abroad in all Forraign Countries of the Roman Communion and in all places and amongst all people wheresoever the Roman Court had any jurisdiction power authority or influence Their fellow exiles of the Nuncio party however Countrey-men and many of them also neighbours and kinsfolks having their hearts hardned against any commiseration and their understandings not at all as it would seem enlightned by so many and such prodigious calamities so lately befallen their common Countrey and themselves proved even in those Forraign Parts as cruel foes to them as when at home or rather yet far more cruel even in very deed as cruel as Tygers In Spain Portugal France Flanders Germany Italy nay as far as Hungary wheresoever any of the Appellants those peaceable but unfortunate Irishmen were retired to live and die in Peace if they could the Nuntiotist's who were in far greater numbers every where dispersed and well entertained yea and of far more credit also as having the speciousness of a Papal Nuntio's cause against Hereticks and recommendations of Rome and consequently of all other both Forraign Bishops and General Superiours of Orders to gain them credit informing the Natives and possessing them with sundry abominable wicked lies not only to hinder those more then afflicted men from any kind of harbour entertainment relief or even Almes given to the miserablest of beggars but also to perswade all the said Natives even to persecute them as Ormonians enemes of their own Countrey Antinuntiotists Antipapists Anticatholicks excommunicat persons favourers of Hereticks and in plain terms at last both Schismaticks and Hereticks too themselves The great plotters furtherers encouragers actors of all such evil and inhuman designs against them next after some of the Nuntiotist exiled Bishops and Paul King at Rome and Dionisius Masarius Dean of Firmo but at that time Secretary also at Rome to the Congregation of Cardinals de propaganda Fide as he had formerly been the chief man with his Lord the Nuncio in Ireland were in general the three Irish Franciscan Cloysters and Colledges the first in Louain second at Prague in Bohemia third in Rome and the Dominican Irish Colledge at Louain too and besides these all other the several Seminaries of the Irish Secular Priests and Students in Flanders France Spain and Portugal In all which as the exiled Nuntiotists had good reception so the other side had none at all both the natural inclination and worldly interests of such persons as even all along the time of the War in Ireland and much more after possessed these Colledges and Seminaries rendring the very name of Antinuntiotists odious to them Besides that the Divinity Principles commonly taught in their Schools entituled the Pope to the temporals of all the World and not only to Ireland or England c. though more especially to these and such other Countries whose Kings or chief Governours fell off from acknowledging the Holy See and consequently that the very intellect of such possessors of those Houses at least generally taking them was wholly prepossest against that name rendred so odious To descend to particular instances of those Antinuntiotists that found by sad experience in their own persons how cruel their foresaid opposite brethren were abroad and made others also be were it my design here I could manifoldly For to pass over now so may young Fathers and Students Nicholas Archbold Christopher Plunket Thomas Shortal John Shortal c. at Louain and so many others elsewhere albeit the ornament of their Colledges yet about the Year 1650 turned out of the Colledges only because they had either a little before studied under Father Walsh at Kilkenny or for some other cause or jealousie had been but suspected to be Ormonians I could name but too too many even of the more ancient known and esteemed honest men against whom being exiled to Forraign Parts the greatest malice of the Nuntiotists displayed it self though in several places and Countries openly professedly and only on account of their having approved by signature under their hands my Book of Queries Printed at Kilkenny in 1648. though only a Book against the Nuncio's censures and for the Appeal of the Supreme Council to Pope Innocent the Tenth and amongst them particularly Father John Barnwal of St. Francis's Order Reader of Divinity denyed even so little as one nights lodging in the Count of Louain and Father _____ Brown the Carmelit sufficiently vexed by those of his own Order Laurence Archbold lately before Vicar General of the Archbishoprick of Dublin and Doctor _____ Taylor two secular Priests so much malign'd in France of purpose to hinder them even from any kind of livelihood or charity of strangers and Father Laurence Tankard shut up in the Prison of Ara caeli at Rome I could also name Redmund Caron Reader of Divinity the late Commissary of his Order in Ireland Anthony Gearnon Matthias Barnwal Anthony Conmeus Reader of Divinity Morice Fitz Gerrald Francis Dillon all of them qualified and good men of the Franciscan Order all of them living religiously in their several Convents in the Low-countries except only Francis Dillon who continued still in France and Anthony Gearnon that was at all adventures return'd to his mission in Ireland by permission of his General Superiour and I could tell how all these were used in the Year 1653. that is how by a notoriously and manifoldly both false and wicked information sent expresly and purposely from Rome by two furios Zealots the one an Irishman the other an Italian against them to the Spanish General of the Franciscans Fray Pedro Manero at Madrid in Spain they were all immediately thereupon by a special Letter even from his Catholick Majesty himself to the Archduke Leopoldo at Brussels ordered to be Banished presently and perpetually out of all and every of the Dominions of the Spanish Monarchy the true and only cause indeed though not represented to his Catholick Majesty nor perhaps to Manero being that they also either maintain'd or were known to be for the Doctrine and cause which that Book asserted Nor doth it lessen the malice of their Adversaries that the information being found in all particulars very false that sentence was suspended I could moreover and without any question name the Author of that Book i. e. my self as who partly on that very occasion I mean of that Letter for Banishing sent to Leopoldo signified to me being returned from Ireland to London by Father Caron from Flanders and partly to justifie
of Orders had by the direction of that Court sent many Letters and Instructions and by their procurement also the University of Louain had given their Theological Censure against those Remonstrators and the Remonstrance it self some early enough and others at several times after all along from the year 1661. for seven or eight years more continually yet until they knew for certain that the Duke of Ormond who took that matter and the protection of the said Remonstrants to heart was totally removed from the Government of Ireland and matters as to that affair also of the Remonstrance wholly altered or not look't upon here in England at Court they never attempted to proceed further But then immediately as knowing and finding their seconds both in Ireland and England what engine have they not made use of to destroy those Remonstrators and suppress their wicked Heresie What numerous Orcations of Archbishops Bishops Vicars Apostolical Provincials of Regular Orders c. for and in Ireland and of men by inclination or for interest or out of ignorance or some perhaps out of all three professed sworn devoted Anti-Remonstrants What Citations Depositions and Excommunications What Denunciations and Affixions of the Remonstrants or the chief of them Nay what other hellish inventions too by the Italianated Engineers here at home against the same impious Hereticks forsooth that deny the Pope to be either Dominus Deus noster Papa or King of the world or as much as Supreme Lord of poor Ireland Nor have the Roman Courtiers failed in timing not even this their last persecution from the year 1669. to this present 1673. against those men For therein also they have prospered yea it would seem they have had here at home even from great men in power all furtherance and favours to prosper so i. e. to oppress and suppress utterly those Remonstrators nay and the very doctrine of that Remonstrance certainly much beyond either my expectation or opinion in the year 1661. when I had it sign'd and presented to and was also so graciously accepted by His Majesty though not against my then also expresly resolved preparation of mind and resignation of soul and constancy of heart and exhortation to others too as you may see evidently in my More Ample Account pag. 45. 48 49. and against all such even extraordinary contingencies or persecutions even I mean from either or any side whatsoever Court of Rome or Court of England or both My good Angel some secret instinct from God I doubt not having even then so particularly both forewarnâ—d and forearm'd me against all such future events how improbable soever they seem'd to be then and my own reason also telling me from the beginning the Roman Court would leave no stone unremoved to work the Court of England against me and my Friends and that very Formulary too however this last of the Formulary might seem impossible if not peradventure to those only who are reported to have a constant Council sitting to reconcile contradictions and render impossibilities possible quia filii hujus Saeculi prudentiores filiis lucis in generatione sua sunt Luc. 14.8 Hitherto whatever I intended either by anticipation or otherwise in prosecuting of my Answers to the first Querie put in the beginning of this Section As for the second Querie there viz. How it came to pass that those few Remostrants professing so as they should and ought their Allegiance to the King in all Temporal Affairs and onely in such Affairs have been nevertheless as they are even at present therefore and onely therefore by their Adversaries at home though otherwise Fellow-subjects without any fear or shame so vehemently obstinately and openly opposed yea to their power persecuted needs but little to be said here if any thing after or besides what you have already in the First Part Sect. ix from page 21. to 27. where you have Sixteen several Allegations of the Anti-Remonstrants to excuse themselves though all and each fully answered in the Tenth Section immediately following and beginning page 27. And therefore at present I will in answer to that second Querie add here to those former Allegations That the said Anti-Remonstrants being sure of all the authority power and favour of the Court of Rome both to back them in such not only their opposition but persecution yea and to reward them in due time with Mitres and all other Dignities Benefices Offices extraordinary Missions Commissions Faculties c. each one proportionably to his degree zeal and merit in behaving himself manfully against those Remonstrants those Vnderminers forsooth of the Holy See they were also both encouraged and assured by private Agents and other Friends at His Majesties Court That even also this very Court of England should be made for them ere long and against the Remonstrators And that in the mean time surely and however they behaved themselves they should fare no worse than the great body of Protestant Nonconformists overspreading the Three Nations And lastly That there should never be any difference or distinction made by any future favourable Edict Statute Law or otherwise in England or Ireland betwixt any two Parties of Roman-Catholicks however either of them the one way or other well or ill principled in order to the Pope or King Besides they were told by some disaffected cunning Lawyers their Friends That the Lord Lieutenant dared not own the urging them to sign the Remonstrance much less the forcing them by any kind of punishment to allow or approve thereof because there was no Law for doing so that Formulary it self not being legal nor in any wise taken notice of in Law but varying in many respects from the Oaths of Supremacy and Allegiance That the tendring of these legal Oaths indeed the Lord Lieutenant might by Law justifie and according to Law punish the refusers of them but that nevertheless he would be wary enough to tender these lest he should meet with a general repulse and have no thanks neither in the Court of England for his zeal Moreover there wanted not leading men amongst them who albeit they laugh'd in their sleeves at the Cheats of the Roman and Louain Censures procured against the Remonstrance and acknowledg'd ingenuously there was nothing in that Formulary against either Catholick Revelation or Religion or indeed in any point so against conscience or justice that people might not if they pleased to renounce their own liberty without any sin subscribe their names to it yet after all were as zealously and even inwardly both affected and principled for the freedom of their Native Countrey from a Forreign yoke for such they call the English Rule there as ever Judas Galilaeus Acts 5. was in former times for his own beloved Countrey of Palestine to free it from subjection to the Roman Eagles Men that holding as mean an opinion of all kind of Papal pretences either from divine or humane right to the Temporal Monarchy I say not either of the whole Earth or
to acknowledge Charles the Second to be within his own Dominions either King at all or Supream Lord in Temporals independently from the Pope or to teach maintain assert or believe that his Roman Catholick Subjects are notwithstanding any Papal Power or pretence and notwithstanding any sentence either of excommunication or deposition from such Papal Power bound under pain of Sin as much as any Protestants to obey his Majesty in all Civil and Temporal affairs according to or as far as the Laws of the Land require obedience from them in such Temporal matters For this Doctrine or acknowledgment of the Remonstrance and only this in substance is all the danger and is only it also that made Caron Walsh and other Subscribers to lye under the infamous title of false Brethren And truly that nothing else or more in effect is in the Protestation or Remonstrance which so strangly allarum'd them at Rome you see demonstrated particularly and diffusely Part. 1. Sect. LXXVII from Pag. 462. to Pag. 487. That very Section which concludes the whole discourse against the Divines of Louain 8. That it is no less pleasant i. e. ridiculous to see the same Cardinal further tell the Irish he was commanded by his Holiness to admonish them seriously not to confound civil obedience with that other due to the Apostolick See and by civil obedience he means that which is or shall be paid in Civil or Temporal things to the King Now is not this a very wise admonition or rather pretty cheat of confounding words where the Cardinal dares not speak his mind plainly or sincerely at all Did ever Caron Walsh or other of the Subscribers or could they indeed by the Remonstrance intend to confound both obediences or that which is universally due in all Temporal or Civil affairs to the King according to the Laws and that which is to the Pope only in some Spiritual or Ecclesiastical matters according to the Canons Nay doth not the Remonstrance profess only the former to the King leaving and that expresly too the latter as due to the Pope And were not therefore the Irish or the Remonstrants they that of one side perfectly distinguished those obediences but the Cardinal and his Associats they of the other that horribly confounded the Spiritual with the Civil Nay that made the Spiritual swallow up at one gulp the whole Civil that would have no kind of obedience at all not even in meer temporals or Civil things paid our King by us and consequently have him to be no King by our good will if not precarious and dependent for his Crown from the Pope otherwise why the Remonstrance so dangerous so pernicious so damnable so adverse to Catholick Faith so destructive to Eternal Salvation It only acknowledges Civil obedience due to him and consequently his Kingship only in Temporals If such bare acknowledgment be so wicked and uncatholick at Rome then it must be such also to say that Charles the Second is in any true sense at all our King But we must pardon the Cardinals phrasing his mind being he dared not speak all out plainly or clearly and must give him leave rather to speak meer nonsense all along now or at least nothing but false and ridiculous suppositions and even as such known to himself For I beseech what else doth the second part of his admonition here to the Irish import or signifie what this I mean neve in vestrum induet animum patiamini Regi partre non posse qui Romano Pontifici morem gerit As if Caron Walsh or any others had at any time or upon any account whatsoever or at least on some endeavoured to perswade the Irish they could not be obedient to the King while they acknowledge any veneration of dependence from or obedience to the Pope in such Spiritual matters as properly belong to his Holiness according to the Canons Then which supposition nothing can be more false Indeed it is very true and evident also that none can be truly or really faithful to the King who pays that obedience to the Roman Pontiff which Cardinal Barberin means here but not sufficiently expresses if not to his own Cabal by his morem gerit As for his reason or assertion added in these other words Cum immo nihil ad Regum Authoritatem firmandam magis conferat quam in subditis fidele erga Pontificiam Auctoritatem obsequium it is no less evidently fals then we manifestly know out of History That such faithful obsequiousness to the Popes as he means hath but too too often armed the Subjects against their even both Christian and Catholick Princes Kings Emperours nay the very Sons against their Loyal Fathers and again others against these very Sons though crowned with Imperial Diadems And for his two Queries immediatly following viz. these Et sane quae Lex Monarchico Regimini adeo favet quam Catholica Quae justam Regibus subjectionem precipit adeo arcte quam illa quae obedire Praepositis suis aperte jubet Certainly nothing could be more either fallaciously or impertinently demanded to his purpose The true Catholick i. e. Christian Law equally favours all kinds of lawful Governments where ever lawfully introduced and established whether Monarchical Aristocratical or Democratical And the Gospel of Christ delivered by the Apostles Peter and Paul equally commands obedience to the Supream Civil Power without any distinction of the Power placed in one man or in many for the Apostles speak sometimes in the singular number and at other times in the plural Nay in the very place the Cardinal here alludes unto out of Paul which is Obedite praepofitis vestris subiacete eis Ipsi enim pervigilant quasi rationem pro animabus vestris reddituri is in the Plural And yet who sees not withal how impertinently this place is alluded unto here by the Cardinal Heb. 13.17 as making any jot for obedience to the meer Lay or Civil Power being the Praepositi spoken of in it by Paul are onely the meer Ecclesiastical and Spiritual Officers or Ministers Besides would not the Cardinal change his application if he were to speak on the present Subject to the State either of Venice or Genua or other Common-wealths in Italy And yet after all I confess that his pretended but very false Religion or Law Catholick I mean that of his Congregation and Court as to the controverted point favours more indeed only his Monarchical Government and his indeed only Independent Monarch both Spititual and temporal on Earth the great Roman Pontiff under whom in his Doctrine all other Princes and States are but petty precarious Vicars and favours that more I say then any other Law But can or ought therefore such a Mystery impose on us to perswade any against Caron or Walsh or their fellow-Subscribers or the Instrument it self which they Subscribed nay can it indeed lull a sleep Supream Temporal Princes or States 9. That hence appears I might with much reason
both examin what he means by his In hac where immediatly after his said excellent arguments he advises the Irish in these terms In hac igitur constantes estote nec vestri animi robur tentet aut labefactet jactatus timor c. but also retort on himself his decipulae hostis humani generis c. and tell that as he meanâ— not the true Catholick Law but that of the Court of Rome only so it is himself and his Associats that have been catch'd in the decipulae of and prompted by the inimicus homo qui superseminavit Zizania in agrotritici when he and they for maintaining their own Usurpation and Pride writ so many uncatholick and unchristian Letters to lead Captive again the miserable Irish and praecipitate them indeed to both Temporal and Eternal Destruction 10. That by his following threats of Divine Vengeance from the most Holy Father against those he says were past the bounds of modesty as also by so many other expressions not only both in this Letter and former too in the year 1662. of the Cardinals but in those also of the three Bruxels Internuncios one after another De Veccii Rospigliosi and the present Airoldi originally and truly indeed may be seen whence the great storm at last of Citations Excommunications Denunciations Depositions c. against me and my friends have proceeded especially since the year 1669. to this present 1673. But it is well they have not at Rome that true Divine Vengeance at their will And well that in such matters I owe them no obedience not even by vow or otherwise And best of all that I can be both in foro Dei in foro Ecclesia of the Faith and Communion of the true Catholick and Apostolick Church even Roman also if this new Epithet must come in to the Creed without being in such matters of the pretended Catholick either Communion or Faith of the Roman Court 11. And Lastly that Rospigliosi's Convulsion fitts and commiserating tears his either true or counterfeit weeping and all his flattering Oratory that follows must of necessity make even the most serious and sober man to smile when he considers an Apostolick Minister seeking to impose on the World endeavouring by such lying Arts and notoriously false suppositions finely worded to perswade more knowing men then himself to continue in errour For the truth is that neither he nor Barberin nor Congregation nor Pope himself could have with all their Letters or Arguments or Prayers or Tears perswaded any one of the very most seeming Bigots of the Irish Clergy to such vain and fals and pernicious Opinions as the Remonstrance renounceth if the Irish proprietors had been restored and the penal Laws against Catholicks in general repealed and no access visible for the said Ecclesiasticks to any Church-preferment Benefice or even titular Office or Dignity but as in former Catholicks times when the Laws of Praemunire were universally and strictly observed But those things not being so we must not wonder much if the less consciencious and more ambitious leading men joyn'd with others amongst them naturally desirous of a total change made use of those Letters both to fright the honester and lesser party of the otherwise well-affected well-principled and to amuse the Populace too of their communion with the Authority of the Court of Rome and great Pontiff himself as if the Catholick Religion and Faith had been really and truly invaded by the Remonstrance and the Anti-remonstrants therefore ought to be excused for their opposition of it IX AND yet they saw well enough that all they could say of that nature was not sufficient to excuse them from meeting together in the National Congregation Besides their Intelligencers at Dublin had not after Ferrals landing time enough to send Coppies of the Cardinals and Internuncius's Letter to all parts of the Kingdom where the persons concern'd were all of them at that very time preparing for their journey to Dublin Therefore on the 9th of June being Saturday and most of the Fathers come from several parts and the Bishop of Ardagh though very much contrary to my former expectation of him fallen on a sudden from his former Professions and the Bishop of Kilfinuran who a few days before was landed out of France and he with some others having conferr'd notes together behold a strange contrivance of the same Ardagh to prevent and hinder that i. e. the Meeting which those Letters could not For on that evening he accosts several of the Fathers come to town and tells them my chief design in giving way first unto and next in promoting so much the National Meeting was only or at least partly to get them all to sign a Petition to the King or Lord Lieutenant acknowledging themselves and all the rest of the Roman Catholick Clergy Regular and Secular of Ireland to be Traytors and Rebels Which proceeding from a Bishop that always till then was reputed my friend and the only Bishop too that sign'd the Letters of Indiction could not chuse but startle such as knew me not throughly however in it self otherwise incredible But so it was notwithstanding and so upon a sudden the false report like a watch word pass'd from one to another and the Motion both and Exhortation was no less sudden and rash like that in the Book of Kings ad tentoria tua O Israel every one to his own home and not as much as to stay in Town for Monday the 11th of June and consequently not as much as to meet at all in any such National Congregrtion While some were running to and fro relating that imposture and many encouraging one another to depart others that believed it not came to me and told me thereof and of the design And then it was that I first concluded absolutely that Ardagh had sold himself to Rome for a new Translation which by Oliver Plunket his Kinsman he had sollicited in that Court for some years And yet I could not but wonder that a Bishop should have so little Conscience before God or so little care of himself before men as to be the Author of such a Calumny though a calumny more ridiculous in it self than injurious to me For as soon as I heard it and gave a true account of what pass d twixt the Bishop and me which might have given occasion to that forgery it vanish'd and no man believed a word of it In short the occasion was this and no other but this Either the very morning of that Ninth of June or a day or two before visiting this Bishop of Ardagh and falling into a discourse with his Lordship of the method fit to be taken by the Fathers when assembled I said that in my opinion the Fathers should in the first place depute some of their body to acquaint His Grace with their being Assembled then to render humble thanks for His Majesties permission of or connivence at their meeting and together also to present a
but many of their Superiours amongst them had also discountenanced nay to their power even vexed and persecuted such of their underlings who had signed it and moreover had understood all the other practices of their Agents beyond Seas how I say notwithstanding all this the said Lord Lieutenant had hitherto and for their sakes who signâ—d most patiently expected an amendment of such errours in the rest and in the mean time extended even to the most ungrateful of the Dissentors and opposers all those very favours of Indulgence and connivance of Publick exercise of Religion which the Subscribers enjoy And how the Procurator himself had no way lessened his Zeal to endeavour by all means he could the continuance of those favours even to the very most ungrateful and malicious of his Adversaries in the grand contest Sixth reflected on the great variety of pretences which the dissenting both Superiours and Inferiours pleaded for so many years to excuse their non-concurrence and amongst or rather above all other excuses their desire and expectation of Licence for a National Assembly to consult of the equity of the demand See those either pretences or true cause Tract 1. Part. 1. Sect. 9. from Page 21. to Pag. 27. Where you find the Sixteenth of them to be this of a National Congregation desired Seventh was wholly taken up in the Merits of the main matter in controversie or the only chief end of their meeting viz. the Remonstrance and Subscription thereof And here the Procurator shewâ—d and at large dilated upon the Lawfulness and Orthodoxness of it in point of Conscience and both Christian and Catholick Religion even I mean as to those very causes of the said Remonstrance which was the Rock of Scandal because denying and renouncing all and every the branches and appendages of the pretended Papal Authority either by Divine or Human Right to depose the King c. or dispence with or declare against the Allegiance of Subjects or by Excommunication or otherwise to raise them to a Rebellion against His Majesty c. His Arguments against any such Papal Power and consequently for the said Lawfulness and Orthodoxness he derived evidently 1. From so many plain Declarations and express commands of Holy Scripture 2. From the unanimous consent of Holy Fathers interpreting those passages of Holy Scripture so and not otherwise for a whole Thousand years until Gregory the VII's Pontificat 3. From the Practice also as well as Theory of the Christian Church Universally for those ten whole centuries of years and consequently even from true Catholick Tradition 4. From the general opposition made even in all European Nations Kingdoms States Schools Universities and National Churches to the contrary positions even also in every age since the said Gregorie's days until this very present 5. Particularly from the known Assertions of the Gallican Church and Decisions too of the eight present Universities of France all unanimously condemning those self same contrary positions as impious wicked against the Word of God Heretical and more singularly yet from the six late Declarations of Sorbon May 8. 1663. Not to mention how Cardinal Perron by his fine circumventing speech in the general Assembly of the Three Estates of that Kingdom after the Murder of Henry Le Grand only endeavour'd these Positions should not be declared in formal Words Heretical 6. From the Practice of the Parliaments of Paris and Sicilian Monarchy too 7. From the Statuts of Provisors and Praemunire made so many Hundred years since by the Roman-Catholick Kings and Parliaments of England and Ireland even all the Lords Spiritual assenting especially those Statutes under Edward the III. and Richard the II. which declare the Crown of those Kingdoms to be Imperial and subject to none but God only 8. From the eminency and multitude of most learned Roman Catholick Writers even Scholasticks who all along these 600 years have in every Age expresly condemned and even both specifically and abundantly confuted those vain and wicked pretences set on foot first by Hildebrand 9. From the pitiful silliness unsignificancy and absurdity of all Bellarmin's Arguments for the other side arguments proving either nothing at all or certainly that which neither himself nor any not even of his very beloved Popes themselves would allow 10. And Lastly from the clearness of Natural Reason also in the cases and that I mean too whether the Revelations of Christianity be presupposed or no. From all such Topicks of convincing Reason and Authority I mean as well Divine as Human the Procurator deduced his own arguments for the above Lawfulness and Orthodoxness viz. of the Remonstrance and Subscription thereof notwithstanding any Bugbear of Roman Letters or Louain Censures to the contrary The eighth advanced hence to the consequential both expediency and necessity of their unanimous cheerful Subscription without further delay or regret being there was no other way or means to redeem themselves or their Church or to satisfie or appease the King or his Protestant People for what had been so publickly and vehemently acted in former times partly by them or at least many of them and partly by the rest of the Irish Clergy represented by them and acted even all along either in or immediatly after the very first Rebellion of the Irish Nation in October 1641. and in the unhappy Congregation of Waterford Anno 1641 against the first Peace and further in the year 1648 against the Cessation with Inchiquin and for the Censures of the Nuncio Lastly in the year 1650. and most unhappy Congregation of Jamestown against the second Peace no other way truly in the first place but of humble Submissive Penitential Petition begging pardon for so many former grievous Errors against all Laws Divine and Human. Nor indeed any other in the next place to allay the just suspicions and jealousies of their future demeanour but that of a sincere hearty Loyal Recognition of His Majesties Supream Temporal Independent Power Protestation of Obedience and Fidelity according to the Laws of the Land in all Temporal matters and all contingencies whatsoever and Renunciation also of all pretended Powers and false Doctrines to the contrary The Ninth was the conclusion of all in wishes and Prayers beseeching the Fathers by all that should be dear or Sacred to them to consider That nothing was desired or expected from them in either point but what certainly was more consonant to pure Christianity i. e. to the Doctrine of the Cross of Christ and therefore doubtless more holy than the contrary was or could possibly be 2. The sad fate which had perpetually and universally attended all Rebellions of those of their Religion however at so many several times and places entred into either in England Ireland or Scotland since the first separation under Henry the Eighth 3. Whether wise men ought not even in point of Prudence not only bid at last an eternal adieu to such both Principles and Practices as proved at all times and in all Countries
Ressort pour a la diligence de ses Substituts y estre pareillement leues publiees signifiees aux Professeurs de Theologie dudit Ressort a ce qu'aucun n'en pretende cause d'ignorance Faict en Parlement a Rennes le 21. Aoust 1663. We shall hereafter see those six above inserted Sorbon Declarations whether French or Latin as you have them here in both Languages out of the French Copy translated into English by the Fathers of our National Irish Assembly But for as much as it may peradventure be objected by some of the more unreasonably exceptious and contentious Irish That I ought rather to give here an exact Copy of the very and only Paris Impression it self in Latin of those Acts of that University than of any of them elsewhere in France Printed I thought fit to obstruct also herein such endless wranglers and give that which was transmitted in the said year 1663. immediatly from Paris to London Acta Parisiensia Declaratio Facultatis Theologicae Parisiensis per illius Deputatos Regi exhibita circa theses de Infallibilitate Papae OCtavo Maii die Ascensionis D. N. Jesu Christi convenerunt domini deputati de Mince Morel Betille de Breda Grandin Guyard Guischard Gabillon Coguelin Montgailard in domum Facultatis juxta decretum pridie in Congregatione Generali factum ut convenirent de iis quae Regi Christianissimo declaranda erant ex parte Facultatis per os Illustrissimi ac Reverendissimi D. Archiepiscopi Parisiensis designati cum Amplissimo Comitatu Magistrorum ejusdem Declarationes Facultatis Parisiensis factae apud Regem super quibusdam propositionibus quas non nulli voluerunt ascribere eidem Facultati I. NOn esse doctrinam Facultatis quod summus pontifex aliquam in temporalia Regis Christianissimi Authoritatem habet imo Facultatem semper obstitisse etiam iis qui indirectam tantummodo esse illam Authoritatem voluerunt II. Esse doctrinam Facultatis ejusdem quod Rex nullum omnino agnoscit nec habet in temporalibus superiorem praeter Deum eamque suam esse antiquam Doctrinam a qua nunquam recessura est III. Doctrinam Facultatis esse quod subditi fidem obedientiam Regi Christianissimo ita debent ut ab iis nullo pretextu dispensari possint IV. Doctrinam Facultatis esse non probare nec unquam probasse propositiones allas Regis Christianissimi Authoritati aut Germanis Ecclesiae Gallicanae libertatibus receptis in Regno Canonibus contrarias v. g. quod Summus Pontifex possit deponere Episcopos adversus eosdem Canones V. Doctrinam Facultatis non esse quod summus Pontifex sit supra Concilium Oecumenicum VI. Non esse doctrinam vel dogma Facultatis quod summus Pontifex nullo accedente Ecclesiae consensu sit infallibilis Ita de verbo ad verbum Acta Parisiis Impressa Regi exhibita Mense May 1663. For so word by word is the Printed Copy of the very Latin Paris Impression of these Acts and Six Declarations presented to His Most Christian Majesty in the month of May 1663. XIII THE Reader may now questionless expect an account from me of some either learned or at least prudential debate amongst the Fathers in so grave an Assembly upon so solemn a Message as you have before seen to them on such a Subject from the Duke of Ormond His Majesties Lord Lieutenant then of that Kingdom But I am sorry I can give none at all either of the one or other sort nay nor of any either learned or unlearned or prudential or imprudential because of no kind of debate on that Message For indeed they took no more notice of it than if none at all had been sent them the leading men the Prelats and their numerous and sure sticklers over-awing and silenceing presently any that seemed inclining to move for paying as much as any even due or civil respect in such matters to the Lord Lievtenant or as much as to dispute the equity of what their Cabal had privately before the Congregation sate resolved upon viz. not to comply with His Grace in any material point but to sign and present a new unsignificant Formulary of their own i. e. That prepared to their hands and utterly decline That which His Grace expected from them yea not to suffer any mention at all to be as much as once made in publick of the former Remonstrance So powerfully influential on them was their Prophetical opinion of wonders to be expected by and for themselves done in that wonderful year of 1666. Nor did they seem at all to consider they might be as well defeated of all such their vain worldly carnal hopes of Empire Glory Pomp which they drove at as the Apostles were when before receiving the Holy Ghost in fulness on the 5th day they put this vain question Domine si in tempore hoc restitues Regnum Israel But to leave animadvertions so it was indeed That the Fathers did not once debate not only not the heads of the Procurators Speech but not a word of the very Message from his Grace Albeit they considered how to gratifie the Procurator himself for what was past i. e. for the liberty they had now enjoyed for so many years since 1662. through his endeavours and oblige him also for the future to continue the like endeavours for them as their Procurator And indeed I had scarce been an hour abroad hard by them walking in a Garden to take the fresh air after my long speech which together with the heat of the room made me retire a little when Father Francis Fitz Gerrald a Franciscan one of the Members of that Congregation as Procurator for the Vicar General of the Diocess of Cluan a vacant See in the Province of Casâ—el came with pleasing news to flatter me as he thought telling me the Congregation had voted two thousand pounds sterling to be Levied of all the Clergy of the Kingdom by several gales to be payed me towards my expenses hereafter in carrying on as general Procurator the great affair of their liberty and freedom as till then I had the four last years Him at that time I only answered that was not the point to be either resolved or debated Soon after the Primat himself came forth to me where I continued alone walking And he also would with the same consideration have wrought me to a more plyant temper I answered him to this purpose My Lord you should have known me better then to think to amuse me with the news of any such prepostrous either motions or resolves There will be time enough to consider of such inferiour matters when you shall have first done your duty in order to the King to my Lord Lieutenant and Protestant State Council Parliament which are and ought to govern you under God in all temporal affairs nay your duty to your Native Country and Irish Nation your Church and Catholick Religion and when you shall consequently
in the late Rebellion or civil War which you please to call it or even to speak one word for so much as a general Petition to be exhibited to his Majesty imploring His Majesties gracious Pardon No there was no crime at all committed by all or any of the Roman Catholick Clergy of Ireland not even at any time nor in any occasion or matter happened since Octob. 23. 1641 if we must believe the Bishop of Ardagh Patrick Plunker pleading for them so in express terms and the tacit approbation of his words by the Universal silence of that Assembly nam qui tacet consentire videtur according to the rule of the Canon Law But who can believe either and not rather be hence convinced that God in his just indignation had suffered those Fathers to be for their punishment so strangely infatuated against all reason common sense the knowledge of all People and their own interest too For certainly and too too notoriously so they were all along in all their affairs during the fifteen days they sate but in this particular above any other even to astonishment However the Congregation being that evening adjourned to the next morning as soon as it was late and dusky having first prepared his way I went along with the Primat to the Kings Castle where my Lord Lieutenant received him privately in his Closet none being present besides me After salutes his Grace having first placed this greatest Roman Catholick Preâ—â—â—t of Ireland by him on a seat using him also with all other civil respect which the difference of Religion and reason of State could allow entertain'd him with a short but pithy material excellent Speech or rather lesson indeed It continued about a quarter of an hour And I must confess that in my life to my remembrance I never heard so much to the purpose said either so short or so well with so much weight and gravity not only not from any Lay-person to a Church-man but not even from an Ecclesiastick to any even Laick Nor was my judgement herein single The Primat himself confessed so much even openly too next morning before the whole Congregation as soon as they were sate and some occasion was offered him to speak before them of what the Lord Lieutenants Grace had recommended to them Nay he confessâ—d it also in these very Latin words Tanquam Angelus Del loquutus est mihi rendred in English Like an Angel of God he spake unto me What the heads were may be easily guessed out of what is said before both of the Primat himself and other matters hitherto in this Second part And the words I have lost because the Paper which contain'd them Yet I remember 1. They began exactly thus You know very well it was not for your good deeds the Pope created you titular Primat of Ardmagh 2. That all the while the Lord Lieutenants Grace continued speaking the Primat never as much as once lifted up his eyes but bare headed as the Lord Lieutenant also was held them still immoveably cast down and in truth behav'd himself because so conscious to himself as like a guilty penitent Transgressor admitted to the presence of his Lord as any could 3. That when His Grace the Lord Lieutenant either asked or minded him of what conditions I had proposed for his safe return and writ to himself to France he denied again that he had received that Letter 4. That I repeated thereupon in that presence of both the same Arguments I had the day before to the Primat alone to shew the unlikelihood of this excuse or at least my extream wonder at such a chance having nevertheless let fall some other words of purpose to lessen all I could before his Grace the Lord Lieutenant this weakness of the Primats answer 5. That his said Grace notwithstanding he saw clearly enough it was a meer story yet seemed not once in the least moved not as much as to reply one word on that or other subject to contristate or afflict him more but with much civility and obliging kindness recommended to him to improve the present opportunity in the Congregation for his own and Clergies and Countries best advantage and endeavour not only to rectifie but in some measure to satisfie for whatever had been not well done at any time before and so dismissed this Prelat very much satisfied with his gracious reception These are the heads of what I remember occurred or passed betwixt His Grace and this Primat then being the only time they conferred or saw one another And yet I must here take notice to the Reader That soon after the Congregation had been dissolved the Primats own Vicar General Doctor Patrick O Daly together with an other Priest of his Diocess lately then come from Paris told my self each of them at the same time with me at Dublin they had themselves severally heard from the said Primats own mouth That indeed he had in Paris before he came away thence received that Letter of mine which he so lately denyed both to me and to the Lord Lieutenant to have received but that he dared not acknowledge it either to the Duke or me or any other should tell because he then might be justly called in question for other matters if he signed not the controverted Remonstrance which yet partly through fear of the Court of Rome and partly too for other causes he neither dared nor would sign XV. THE next day being the fifteenth of June and fifth of the Congregations sitting the Lord Lieutenant having sufficiently understood their little sense of the only end for which he permitted them to meet and further how some of them had endeavoured to highten a false report of his intentions to depart suddenly out of Town of purpose to pretend they wanted time to consult or deliberate and so excuse themselves if they gave not full satisfaction it being consequently alledged they could not with safety continue their sitting when his Grace were so departed and for this reason they were better immediately sign the Instrument prepared to their hands viz. the insignificant one of which before and which you shall see in the next Section and then without further hazard of themselves Dissolve his Grace therefore thought fit to send them by Richard Bellings Esq a second Message to be read as it was this day read to them out of a written paper publickly and exactly word by word as here followeth after the Title The LORD LIEUTENANT's Second Message to the Congregation THat I understand it is reported I intend in a few days to leave this City and that it is thence apprehended by those of the Romish Clergy now met here that they may not have time to consider of and conclude upon the business for which their meeting is permitted namely for Subscribing to the Remonstrance and Protestation subscribed and presented to His Majesty in January and February 1661 by divers of the Nobility Gentry and Romish Clergy Whereupon I think
particular cases either of Excommunication or the pretended exemption of Clergymen or Condemnation of the contrary Doctrines c. in which and against all which the former Remonstrance was home enough moreover also considering the several Distinctions which they had learned from Bellarmin Suarez Molina c. to evade any kind of tye on Sophisters in special cases from those so general Declarations of Sorbon in which Distinctions I doubted not the Proposer himself Father Nettervil was more than sufficiently conversant therefore I saw nothing yet proposed to satisfie me because nothing at all which I could undertake to be any way sufficient or fit to be moved unto the Lord Lieutenant as a medium to assure his Grace and His Majesty of their future fidelity hereafter in all contingencies or indeed in any of those contingencies wherein their fidelity might be tryed home to the quick and I was resolved my self not for any intreaties or even specious offers whatsoever to be found or prove treacherous to the Trust reposed in me either by one or other side by His Majesty or by the Clergy or prove unanswerable to that expectation which either the Catholick Church and Irish Nation or the Lord Lieutenant and Protestant State or People should or might have of the honesty and integrity of a Priest of the Roman Church so particularly and singularly looked upon as I had now been for many years both formerly and of late in such publick Transactions as I had been engaged in And being for the above considerations I saw nothing in this new Proposal which accepted by me could of my side answer that trust or expectation their Paternities must excuse from me returning to the Assembly upon that account barely or without further satisfaction given to my own more material proposals made to them To this purpose when I had answered they i.e. those three Fathers laid themselves presently to their knees at my feet begging of me by all that was dear or sacred not to persist in my Resolution but to yeild to their request in this one particular I must confess that although I was somewhat moved by this kind of unexpected either humility or importunity of such men both friends and Priests and otherwise too in their Profession so well qualified besides that they represented then the whole Congregation and although I did likewise at the same instant uncover and kneel with them praying them to rise but not herein prevailing until they had spent all their Rhetorick and tyred themselves and me for a long time yet recollecting all my strength of reason against this extraordinary attack of humility importunity and friendship I resolved them at last plainly and flatly That I found still a necessity on me which they had not so much as gone about by any rational argument to take away not to be weakned to a condescention in this case albeit I would be otherwise perswaded by them and by them especially above others to any matter wherein Reason or Conscience or Justice or Equity or even regard of the Publick good of that very Congregation that sent them would suffer me to be indifferent And therefore I prayed them to return to the Congregation with this answer of mine adding only thereunto That however so soon as the Congregation had performed what they now offered i. e. signed those six Sorbon Declarations or Propositions applyed to themselves mutatis mutanais notwithstanding I returned not to them yet I would consider how to make the best use I could of this offer and such their Subscription or performance of it Whereupon we rose up of each side they departed and I walked alone melancholy enough What the final issue was upon the report they made to the Congregation of my answer will appear soon XVI BUT in the mean time you must know That the very next morning which was the 16. of the moneth and sixth of the Congregation a third Message with an additional offer from the Congregation was delivered me by the Bishop of Ardagh himself though indeed a very unsignificant both message and offer yet such a one as I expected by him In short his Lordship having come where he had been told I was then he desired me to walk to a private room where he might talk more freely and communicate to me what he had in charge from the Fathers And being so withdrawn he shews me a draught of a Paper which the Congregation would sign for my own proper satisfaction When I had perâ—ifed it I found it contained no more in effect then a Testimony of theirs That I had not been Author of the controverted Remonstrance and that for the rest I had had very good intentions all along in whatever I did Therefore my â—â—swer to his Lordship was very short and no other than That I needed no such testimony of theirs for either point That had I been the Author of that Loyal Formulary I had rather gloried therein than either denied oâ— excused my being so That I had both God and my own Conscience to beare witness to my good intentions who were the only infallible witnesses of the interiour and had moreover my writings nay and other works also to give men who can judge of the exteriour stronger arguments and much clearer evidences of my good intentions all along for my Religion and Nation since first I appeared in Publick affairs or controversies in the year 1646 than any paper Testimony of the Congregation might give Moreover that the question or point in difference twixt the Congregation and me was not of the Author of the Remonstrance nor of my intentions nor even of any Testimony of theirs to be given me or any other And Lastly That his Lordship therefore must excuse me not only from listning to any unsignificant proposal of that kind nor only from accepting any such but from accepting either such or not such Testimonials from them Whereupon having restored his paper to him we parted he to the Congregation and I to the Kings Castle What he did with the Fathers we shall see hereafter As for my going to the Castle it was for no other end than to inform his Grace the Lord Lieutenant of all that passed both that morning and former day How I had solemnly and purposely withdrawn from the Fathers and wherefore Of their Committees sent to me and offer by them of signing the six Sorbon Declarations What these Declarations were what they imported as from well meaning men what on the other side as from Sophisters and Juglers versed in Equivocation Reservation both Mental and Vocal and many other subtilties of School distinctions especially what from such as on the contradictory question refused to descend to the case of Excommunication as neither would they to those other of Apostacy Heresie pretence of Tyrannical Government or oppression of the People either in their Religions or Civil Rights or of other Sins of the Governour or even of unfitness c. And nevertheless
confidently as if they had with them the most fully and clearly and satisfactorily Loyal Instruments could be framed even Instruments in every respect home to the point expected from them after a short Harrangus such as it was delivered by the Bishp of Kilfinuragh as the Congregations Chair-man presented to his Grace both the Original Parchment Roll opened and the other annexed Original Paper whereof before as they were signed by the proper hands of the Fathers But his Grace having received these Instruments and layed them by on his Table answered only in a very few words That after he had read and considered of their Petition and Instruments they should hear further from him And so his Grace dismissed those first Deputies of the Congregation It remains therefore now to end this Section that for the Readers fuller satisfaction I give here an exact Copy of both the foresaid Congregational Instruments with such Titles prefixed as the Originals have but first a Copy also of their Petition The Congregation's Petition delivered by the two aforesaid Bishops on June 16. 1666. To His Grace JAMES Duke of ORMOND LORD LIEVTENANT General and General Governour of Ireland The humble Petition of the Romish Catholick Clergy now met in the City of Dublin THE Petitioners do most humbly and thankfully acknowledge the favour your Grace hath done them in the allowance and permission of a Meeting in this City of Dublin at this time by which they have had the opportunity of a Free Conference together and the happiness to have concurred in a Remonstrance and Protestation of their Loyaltie to His Majesty wherein they resolve Inviolablie to continue which they beseech your Grace to accept from them and represent to His Majesty the rather that it was so unanimously agreed to as there was not one dissenting Voice in all their Number This is their prayer to your Grace for whom and whose Posterity they will as obliged always pray The Act of Recognition as I call it commonly to distinguish it from the former of others in 1661 or the Remonstrance and Protestation of Loyalty as they term it in their above Petition Signed by the National Congregation of the Irish Roman-Catholick Clergy in 1666 and delivered likewise June 16 by the same Bishops to His Grace as from and by direction of that Assembly To the King 's most Excellent Majesty CHARLES the Second King of Great Britain France and Ireland c. VVE Your Majesties Subjects the Roman-Catholick Clergy of the Kingdom of Ireland together assembled do hereby declare and solemnly protest before God and His Holy Angels That we own and acknowledge Your Majesty to be our true and lawful King Supreme Lord and undoubted Sovereign as well of this Realm of Ireland as of all other Your Majesties Dominions consequently we confess our selves bound in Conscience to be obedient to Your Majesty in all Civil and Temporal affairs as any Subject ought to be to his Prince and as the Laws of God and Nature require at our hands Therefore we promise That we will inviolably bear true Allegiance to Your Majesty Your lawful Heirs and Successors and that no power on earth shall be able to withdraw us from our duty herein And that we will even to the loss of our blood if occasion requires assert Your Majesties Rights against any that shall invade the same or attempt to deprive Your Self or Your lawful Heirs and Successors of any part thereof And to the end this our sincere Protestation may more clearly appear We further declare That it is not our Doctrine that Subjects may be discharged absolved or freed from the Obligation of performing their duty of true Obedience and Allegiance to their Prince much less may we allow of or pass as tolerable any Doctrine that perniciously and against the Word of God maintains That any private Subject may lawfully kill or murther the Anointed of God his Prince Wherefore pursuant to the deep apprehension we have of the abomination and sad consequences of its practice we do engage our selves to discover unto Your Majesty or some of Your Ministers any attempt of that kind Rebellion or Conspiracy against Your Majesties Person Crown or Royal Authority that comes to our knowledge whereby such horrid evils may be prevented Finally As we hold the Premises to be agreeable to good Conscience so we Religiously Swear the due observance thereof to our utmost and will Preach and Teach the same to our respective Flocks In witness whereof we do hereunto Subscribe the 15th day of June 1666. Edmund Archbishop of Ardmagh Primat of all Ireland Patrick Bishop of Ardagh Andrew Bishop of Kilfinuragh Procurator to the Lord Archbishop of Tuam and to the Reverend Fathers Richard Scis Vicar General of Killalla and Maurice Corghcar Vicar General of Aconry James Dempsy Vicar General Apostolick of Dubliâ— He might have added too and Vicar Capitulary of the Diocess of Kildare John Burk Vicar General Apostolick of Cashel Denis Harty Vicarius Apostolicus Laonensis Patricius Daly Vicarius Generalis Ardmachanus ac Procurator Rapotensis Oliver Desse Vic. Gen. Midensis Terence Fitz-Patrick Vicar General of Ossorie Robert Power Vicar General of Waterford and Lismore c. Dominick Roch Vicar General of Corck Connor Fogorty Proctor of Ardfert and Achdeo Nicolas Redmond Vicar General of Fernes Teig O Brien Dean of Lismore and Parson of Dungarvan John Deoran Proctor for Father Charles Nolan Vicar General of Laghlin Thomas Higgin Vicar General of Elphin Ronan Magin Vicar-General of Dromote James Phelan Doctor of Divinity Parson of Callan Dean of Ossory Protonotary Apostolical Thomas Lacy Substitute of Limmerick Father Francis Fitz Gerrald Proctor of the Vicar General of Cluon George Plunket Divine Daniel Kelly Vicar General of Cluonfert James Killine Vicar General Duacensis Edmund Teig Vicar General of Cloanmacnoise Owen O Coigly Procurator Derensis Patrick O Mulderig Vicarius Generalis Dun. Connor Thomas Fitz Symons Divine for the Province of Vlster Thady Brohy Divine for the Province of Leinster Doctor Angel Goulding Divine for the Province of Leinster John Nolan Master of Arts Divine for Leinster Dorby Doyle Batchelor of Divinity of the Province of Leinster Edmund O Deoran Magister Ordinis Melitensis Charles Horan Divine of the Diocess of Elphin in the Province of Connaught Constantine Duffy Vicar General of Clogher John Hannin Substitute and Official of Imly Fr Peter Walsh Reader of Divinity of St. Francis 's Order Procurator of the Catholick Clergy Andrew Bishop of Kilfinuragh Chairman Fr John Hart Provincial of the Order of Preachers and a Divine for the Province of Connaught Fr Stephen Lynch Provincial of the Order of St. Augustin and a Divine for Connaught Fr Antony Docharty Provincial of the Franciscans Andrew Sall Superiour of the Society of Jesus in Ireland Fr Thomas Dillon Vicar Provincial of the Discalceat Carmelits Fr Bernard Barry Lector Jubilate of the Order of S. Francis Fr John Brady Lector of Divinity Fr Dominick Martin of the Order of
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
I was my self present in the Congregation when this Letter was therein publickly read Sed canebatur surdis They had before obstinately resolved against all reason The Miracles and Revolutions they expected from the year 1666 their Forraign Intelligence and expectations and their lying Prophecies at home together with so many other vain perswasions of their own fixed them unalterable Whence it was That they neither did nor would give other answer to this Letter Subscribed by so many than what they had before given to my self alone viz. That none should speak any more against the former Remonstrance or those who subscribed and held to it still But how well they and their partizans have performed this verbal promise the Second Tome of this Work shall discover The truth is their Cabal never once intended to perform Whereof because I then also had been throughly perswaded by unanswerable and clear arguments in reply to their Answer I thought fit to say as I did accordingly before them all and both immediatly and publickly there in the place That both I my self and all the rest not only of those who subscribed the above Letter but all others of the former Remonstrants where ever dispersed throughout the Kingdom in whose behalf as well as their own such as were present in town had so subscribed that Expostulatory Letter would be at last necessitated to declare and would accordingly declare against them to the people even also at the Altars and from the Pulpits by laying the Sin of Schism besides the true causes too of all other evils threatning and impending over the Nation and Religion at their door if they on their side did not exactly perform their promise and perform it effectually by silencing all the malicious and ignorant traducers of the former Remonstrance and Subscribers of it Yet I must confess that although I did then really so intend as I spake and was not at all by any one of the Fathers either publickly in that Congregation expostulated with or privately there or elsewhere that I could hear even so much as murmured of for that my freedom in declaring what I had so resolved for all such future contingencies nevertheless upon after thoughts of taking more prudential ways i. e. ways of less noise and no scandal and yet I knew St. Bernard's Maxime Melius est ut scandalum oriatur quam veritas relinquatur I did while I remain'd in Ireland i. e. till May 1669 however provoked manifoldly in too too many instances both refrain my self and hinder all other Subscribers of the former Remonstrance from declaring so or speaking in Church or Chappel at the Altar or in the Pulpit any word or matter against them or any of them yea notwithstanding I had been many times and on several occasions mightily importuned to the contrary and that also by very good and vertuous men XX. BUT to return to the Bishop of Ardagh and Vicar General Apostolick of Cashel these two last Commissioners employed by the Congregation to His Grace the Duke of Ormond Lord Lieutenant General c of Ireland I must now tell my Reader That on Monday morning the 25 of June and 15th and last of our National Congregation the Fathers being Assembled to hear what their said Commissioners could report of their success on the former Saturday night upon delivering their last signed Paper and pleading their excuse for other matters to His Grace the Procurator gives them His Grace's positive commands to Dissolve that morning and retire to their respective homes telling them withal That His Grace found no satisfaction in any of their Addresses The Bishop of Ardagh on the other side endeavours to make them believe That His Grace did seem fully satisfied with their Remonstrance or Act of Recognition and other Paper of the Three first Sorbon Propositions delivered at the same time nay and that His Grace even in express terms had promised to represent unto His Maiesty these two Instruments as satisfactory i. e. as containing fully all those Declarations of Allegiance or Fidelity and Obedience which could be expected from any Roman-Catholicks whatsoever subject to His Majesty But the Procurator considering this to be the last time the Congregation was to meet and seeing no remedy but that he must either suffer the Fathers to dissolve and depart with so false and noxious too a Perswasion or must oppose this Prelat even to his face chooseth what any honest man especially of his place and trust would in such case And therefore tells the Fathers how himself having been present all the while at both times when the Lord Lieutenant spoke either to the said Bishop of Ardagh and Father John Burk Vicar General of Cashel on the 23 of June at night or before to the same Ardagh and Kilfinuragh on the 16 of the same moneth could and must assure the Congregation That His Grace did neither at the one or other time give any kind of ground for this relation viz of His seeming to have been satisfied with their said Addresses or instruments and of promising to represent them as satisfactory c. That on the contrary he gave ground enough by his short and sharp answers and by his severe countenance shewed to the last Commissioners viz. the foresaid Bishop of Ardagh and Vicar General of Cashel on Saturday night the 23 that he was extreamly unsatisfied That all the ground the Bishop could pretend for his relation made clear against him being that when he desired His Grace would be pleased to represent their said Instruments to His Majesty the answer made him by His Grace had been in these words only I will represent them as they deserve And that men of reason or judgment who knew in what manner His Grace had spoken these words what he said to Burk immediately after and how without further Ceremony nay with all other manifest signs of displeasure He dismissed them might easily see the Bishop had either strangly forgotten what he saw and heard or more strangely mistaken contraries one for an other This matter of the Procurators opposing to that relation made by Ardagh being over the Primat stands up and after some few words to the Chairman turning himself to the Procurator tells him what the Congregation had resolved upon in his behalf Viz. That in regard of his pains already taken for and many obligations put upon the the Roman-Catholick People of the Nation and of his great expences too for so many years past since he was made Procurator in the year 1660 as likewise considering that neither his future pains nor future expences in serving and obliging much more yet the same people by continuing and worthily discharging his office of Procurator for them with the King and His Majesties great Ministers of State could be less than thitherto both had been The Lords and rest of the Fathers of the Congregation partly to provide for their own concerns and partly to shew the most effectual signs they could
before the said Oath in 1641 or in 1642 there had never been any full and free submission or consent of the old Irish Natives yet C. M. was in this very point perversly and wickedly out in his foresaid Book because first published and printed by him in the year 1645 that is even after he had manifestly and manifoldly known of that very Oath of Association which was the only essential tye of the Roman-Catholick Irish Confederates as such as I think out of that his own very Book pag. 101. may appear he had where he tells us of the first though he there call it the last General or National Assembly of the Confederates begun at Kilkenny Oct. 24. ann 1642. and continued there above two Months i. e. to the Ninth of January next following whereon it was dissolv'd nay tells and gives some of the very Laws Enacted there in their Module of Government if I be not mistaken though Laws in truth contradicting his unjust erroneous bloody cruel both principles and designs yea consequentially overthrowing both his Disputation and Exhortation in all their parts 14. And lastly That being all these things were notoriously known it became the Fathers of this National Congregation by a publick Act of their own to condemn immediately to the fire so damnable a Book As to and of the other Book or that of Richard Ferral the Irish Cappucin for to him only the common vogue attributes it because what I spoke to the Fathers was the same in substance which upon another occasion I have before related pag. 504 I remit the Reader back again to that place And being I have said much already there of the subject and design of this Book of Ferrals as in effect concurring to the same end with the former of Mahony I will only add here 1. That this of Ferrals though presented to the Cardinals not before but much about the year 1658. I am sure not heard of till then by others most concern'd particularly drives at restoring the former late Confederacy of the then surviving Roman-Catholicks of Ireland but principally if not only of those of the more ancient or as they are call'd meer Irish Septs the Author having represented at large all those other Irish or as they are by him and his party nick-nam'd by way of contempt English-Irish Gauls Forreigners Saxons c. and rendred them as unworthy to be trusted in so holy a League because descended from the old English Conquerors 2. That in this so particular and indeed principal design of his it would seem he had an Eye to the Declaration and Excommunication of the Roman-Catholick Irish Archbishops Bishops and other Prelates at Jamestown in Connaught 12 of August 1650. not only against the then King's Lord Lieutenant General and General Governour of Ireland the then Marquess now Duke of ORMOND by devesting Him of all power but for the former Confederacy by restoring it as much as in them lay and commanding others that it should be effectually restored And would seem likewise he knew well enough and related to what the Committee of the said Congregation I mean the Committee of Bishops sitting at Galway even after that Congregation was dissolv'd thought fit to answer the Proposals made by the Commissioners of Trust on the 29 of October the same year 1650 wherein the said Committee insisted chiefly upon the Nations returning to the Confederacy See in the end of this Tome in the Appendix of Instrum pag. 65 c. the said Declaration and pag. 70. the annexed Excommunication Item in the second Appendix or in that other of the Marquess of ORMOND's long and excellent Letter pag. 128 and 129 the said Answer of that Committee of Bishops 3. That both the Address and Title of this Book of Ferrals is this and no other Ad Sacram Congregationem de Propaganda Fide Hic Authores modus eversionis Catholicae Religionis in Hibernia recensentur aliquot remedia pro conservandis reliquiis Catholicae Religionis Gentis proponuntur After which immediately he begins his Book of indeed very false information and as wicked advice in too too many particulars to the said Congregation of Cardinals thus Hibernia quae olim Scotia Insula Sanctorum dicebatur c. 4. That although as I have also in this present Work elsewhere noted the Reverend Father John Lynch i. e. the Author of Cambrensis Eversus had learnedly and fully under the name of Eudoxius Alithinologus answerâ—d that perverse writing first in his Alithinologia printed anno 1664 and under this Title viz. Alithinologia sive Veridica Responsio ad Invectivam mendaciis fallaciis calumniis imposturis faetam in plurimos Antistites Proceres omnis ordinis Hibernos a R. P. R. F. C. Congregationi de propaganda fide Anno Domini 1659. exhibitam and then again in his Supplementum Alithinologiae yet nevertheless or rather the more I thought it became me to move their Paternities to the same condemnation from them this Piece also which I had already desired of the former of Mahony's Having to such purpose as hitherto discoursed to the Fathers on both these Books and so concluded not only what I had to say on the third and last Head but whatever I intended to say of all the three Heads or Articles They decreed unanimously i. e. nemine contradicente the burning of both Books And I remember that one of the Cappuccins related if not there I am sure elsewhere even to my self for I do not exactly or certainly now remember the day or place That the very General Chapter of the Cappuccins themselves beyond Seas had condemn'd both Ferral's said Book and himself too But whether any one either in that Congregation then or at any other time declared That the Clergy at or of Galway i. e. any General or National nay or Provincial Diocesan or Local Assembly of Irish Clergymen had formerly at Galway or even elsewhere condemn'd Mahony's Book I do not remember at all General or National I am sure held at Galway I am sure none did because I know there was no kind of National Assembly held there in my dayes for the National Synod which the Nuncio had summon'd thither when he was in opposition to the Supreme Council was hinder'd by the same Council Whereof I thought fit to advertise the Reader because I am now to give the Congregation's Secretary's Father Nicholas Redmond the Vicar General of Fern's account by Letter to my self of the Acts of the said Congregation For when the Congregation was dissolved or at least upon dissolving I desir'd him to give me or at least send me soon a perfect Copy of their Acts. And I confess I desired this chiefly to see whether what I desired in point of each of the last three Heads whereof I gave now for substance the same account I gave the Fathers on that last day if not hour of their sitting had been inserted in their publick Acts according
to what I expected and I think expresly desired too But whether he mistook or not I found not that the Copy which he about a Fortnight after sent me answer'd my expectation wholly in any point save only in that concerning those two Books their decree consent or sense against Father Finachty being not mention'd therein and but very little of what I drove at in my discourse on the first Head concerning our obligation to observe religiously both Feasts and Fasts and other spiritual holy duties enjoin'd by the King For that Copy you have here exactly in this following Letter of his from Ross 7 July 1666 to me at Dublin Very Reverend Father IN compliance to your last speech with me I here insert such acts as I have writ though I may not say they are formal ones by reason they were not seriously digested and couched by select Committees but only upon the motions and allowance of the House for my memories sake pen'd by me they being not the principal scope of that meeting Primo Electus est Prolocutor Roverendissimus D. Andraeas Finiboren Episcopus Electus est Secretarius Nicolaus Redmond Vic. Gen. Fernen Secundo Statutum est quod nihil in presente Convocatione quoad Vocationem Sessionem Praecedentiam vel Subscriptionem actum cedat in praejudicium alicujus cujuscunque dignitatis aut instituti in futurum Tertio Statutum est ut quilibet Sacerdos saecularis cujusvis Ordinis Regularis singulis diebus dominicis festis specialiter omnibus diebus quibus vel a Rege vel Pro-Rege preces publicae indicuntur fundat certas preces Laicos similiter facere moneat Pro foelice successu Serenissimi Regis nostri Caroli Secundi Regina totiusque domus Regiae necnon Excellentissimi Domini Jacobi Ducis Ormoniae familiae ejus Quarto Liber inscriptus C. M. alias Cornelio sienti antehac Galviae a Clero Kilkenniae a Supremo Concilio Confaederatorum condemnatus ignis datus est ita etiam in hoc coetu condemnatus igne cremari dignus judicatus est Quare omnibus singulis utriusque Cleri qui librum istum penes se habent vel alibi inventum repererint praecipitur ut illum ad suos respective Superiores deferant in ignem conjici faciant Quinto Similiter fiat de libro attributo Ricardo Ferrall Capucino Sexto Quicunque Sacerdos Saecularis deprehensus fuerit distinctiones facere inter Provincias Provincias inter modernos antiquos Hibernos pro prima vice qua de hoc crimine convictus fuerit solvat quinque solidos pro secunda viginti pro tertia fuspendatur ad beneplacitum Ordinarii Septimo Quicunque Regularis cujusvis Ordinis de eodem crimine convictus fuerit pro prima vice ad quinque dies pane aqua idque super nudam terram vescatur pro secunda decem pro tertia voce activa passiva privetur ad beneplacitum sui Superioris Octavo Quicunque deprehensus fuerit circumferre unam Remonstrantiam falso Franciscanis impositam qua non solum temporalis sed omnis etiam spiritualis potestas Regi tribuitur * * It seems hereby that some malicious persons had instead of the true Remonstrance subscribed by the Irish Divines Nobility and Gentry at London in 1661. S.V. forged another and shewed it to many of purpose to persuade them that this false one was the Remonstrance which Peter Walsh presented to the King and would persuade all others to sign aut etiam Remonstrantiam modo ab hoc coetu compositam Pro-Regi exhibitam falsificare praesumpserit falsariorum paenis subjaceat This much with my love and service to your Reverence and the rest of that Seraphical Family there I take leave and rest Very Reverend Father Your affectionate Friend and Servant Nico Redmond Rosse 7 Julii 1666. However i. e. whether this Father Secretary gave me fully or truly all these Acts or no what is more to my main purpose is to let my Readers know That presently after I had ended my Discourse on the last of the foresaid three Heads and the Fathers had delivered their Sense and Censures by common consent they dissolved the Chairman having pronounced the ordinary dismiss Ite in pace And so we see at last this National Congregation ended XXIII VVHat remains therefore to see also this long Treatise ended is to give here in one entire and the last Section thereof 1. Those other passages relating to the Lord Lieutenant and Bishops which happen'd immediately after the Congregation was dissolved 2. The Procurator 's judgment of this Congregation leading Members thereof and of their several interests and ends 3. How after their dissolution the doctrine of Allegiance in Fifteen several complex Propositions or short Paragraphs was debated for a whole month by a select number of Divines 4. And last of all The Paper of Animadversions given to the Lord Lieutenant and His Grace 's Commands laid on the Procurator These are now the only remaining Appendages What I have to say of the first of them is That as soon as the Fathers had so dissolved as we have seen before every one preparing to depart the Town to their several homes Father Ronan Magin * He is Brother to Father Patrick Maginn the QUEENS Chaplain a Roman or Italian Doctor of Divinity i. e. graduated so abroad though otherwise an Irish man Dean and Vicar-general of Dromore and one too who had some time before the Congregation sate signed the Controverted Remonstrance of the year 1661 desired me to go with him to the Kings Castle and Lord Lieutenant there that he might have the honour of kissing His Graces hands and receiving His Commands before he had departed home to his Diocess I willingly yielded the rather that my own duty required I should my self however wait that morning on His Grace to give Him an account of the Congregations being dissolv'd and I was glad to have some one of the Members present when I gave it because my further duty required I should therein let His Grace understand what other matters had been treated of that Morning before the Fathers dissolved Being therefore both together admitted by His Grace in to his Closet and I giving that account and amongst or before other matters how I was necessitated to oppose the Bishop of Ardagh to his face before all the Fathers in that either through wilfulness or dulness he had so strangely misrepresented in publick to the whole Congregation His Graces answer to him and his Fellow-Commissioner and thereby endeavoured to amuse the Fathers and make them hug their own stubbornness and his and his Cabals unhappy contrivances that which mightily grieved me then to hear and was never since upon any due occasions out of my mind and therefore thought fit to take special notice of here is what His Grace thereupon with very great feeling declared viz. That sayes he these Twenty years I had to do
the arts he could This was the substance of what Sir George Lane shewed me for the words I remember not as neither do I know nor did I enquire from whom the said Letter shewn me was or whether it was Sandwich's own Letter or the Secretary of States at London or any others What is more material to know is That presently after having return'd to my Lord Lieutenant in the Gallery His Grace commanded me to go directly to the said Primate and tell him what was shewn me and all the particulars and how therefore he must be under a Guard of Souldiers but withall to bid him not to be thereat frighted nor startled but to bear all patiently for a few dayes that there was no further hurt intended towards him but to keep him from hurting others by too much liberty that no less than to be so restrained might be expected where and when such an information was come and finally that within a very little time he should be sent back safely from whence he came last I must confess this Errand was not welcome to me by reason chiefly of the mention which I must have made therein of the Bishop of Ferns for whom I had much respect and kindness For I well foresaw the Primate would if ever they met challenge and charge him with the said Information and thereby in all likelihood add to the afflictions of that already too much afflicted Prelate being he was still abroad an Exile and consequently in some degree or way depending of the favour of the Roman Court and Ministers or at least concern'd mightily not to raise anew their anger against him especially after he had in hopes to be admitted to return home quitted the good condition he had in Gallicia from the Archbishop of St. Diego and come to Flanders where the Bruxels Internuncio was able at any time to hinder him even from the charity of the very Prelates But on the other side I considered not only the necessity of obeying in such a matter the King's Lieutenant but the equity also of my own letting the Primate know all even in case I were not commanded seeing I say matters come to that pass Otherwise he would questionless and others for him would have misrepresented me or perhaps which was yet worse the Lord Lieutenant Himself as who had a mind or design to entrap him the Primate Archbishop or at least had without any cause made him Prisoner This and no other consideration whatsoever was it made me not only tell himself what I was commanded but others also what I had so told himself though with inward grief still for being so necessitated to a relation which I feared might some way prejudice the good Bishop of Ferns though withall I well enough saw at the same time that nothing could be proved against him Canonically there where I feared he might be so prejudiced or hurt as on the other side that some conjuncture might happen when so dutiful an Information given by him to the Kings Ambassadour in Forreign Parts might advantage him at home as truly I think it ought However when I told all to the Primate notwithstanding I first prepared him to constancy and tranquility of mind as well as I could his countenance altered and he seem'd almost besides himself upon hearing the intelligence come from the Ambassador but the mention of a Guard quite dejected him Which made me cheer him with all possible assurances that he should suffer no more than a few dayes very civil restraint Whereupon he presently removed his Lodging to a better Air and there expected the Guard of Souldiers which accordingly was put there on him but observing him with much respect and hindring no person whatsoever man or woman of any degree to visit and stay with him as long and as many together as they or he pleased as neither him even to say Mass to them or exercise other Priestly or Episcopal Function I was my self daily with him to keep him in heart though all I did or said to that purpose could not altogether free him of frightful apprehensions until he found by his own clear experiment the performance of all my words even to a tittle And that he found in this manner According to the Lord Lieutenant's order left to the Privy Council upon his departure to Kilkenny they within about a week or at most fortnight after sent for the Archbishop or Primate Prisoner to be brought before them Where appearing he though much contrary or at least beyond his own frightful imaginations found himself not so much as in any kind of point whatsoever examined so far was he from hearing a word of his confinement to the Kings Castle the best and most favourable doom himself believed did attend him from them not so much as look'd upon severely but only told first they had orders to dismiss or rather send him safely as a banish'd man into any Roman-Catholick Countrey he pleased out of the Kings Dominions and then in the next place briefly and obligingly ask'd Whether he would choose to go to France and if so Whether by long Sea or through England told withall he should have his own choice He answering That he would choose to pass through England to France the Lords of the Council bid him then be ready to ship with the first convenience telling him They would send one with him to the Secretary of State at London who I mean the Secretary would take care for his farther safe passage to and transportation from Dover as also that the person who should accompany him should not be at his charge at all but should have from them whereby to defray his own charges All which being declared by the Lords of the Council they dismiss'd him civilly back to his Lodgings The person they fixed upon to wait on him to London was the City Major one Stanley who accordingly had Forty pounds from the Council to bear his own charges As soon as the wind served and the Primate was ready they went both to Rings-end where I my self was daily with them till they ship'd As soon as they came to London however the Primate feared even his own shadow there especially because the Parliament of England was then sitting yet he found no other there also than a full performance of what he was promised at Dublin For without any examination or question he was thence fairly dismiss'd under the keeping of the same Stanley to Dover and there ship'd by Stanley for Calais where he Landed safely went to Louain and thence writ to me that he was dealt with truly fairly and civilly in every particular as I had promised him he should be Stanley also and the Primat's own servant being returned to Dublin the former from England and the other from Flanders assured me of all the particulars of the Primat's Journey through England What became of Kilfinuragh and Ardagh the other two Bishops and the one playing least in sight and
c. in this particular They do not say they do From performing their duty of true Obedience and Allegiance to their Prince But what Obedience and Allegiance they adjudge to be a duty and true they do not declare but leave that under the uncertainty of their own interpretation That any private Subject The King is not secured by this against either Pope or against any private Subject that may be employed to that horrid work by any pretended Authority for then he ceaseth to be a private Person The Anointed of God If the Pope Excommunicates him and deposes him will they accompt him still the Anointed of God or his Prince They have not yet told us so in this Remonstrance So that this specious Protestation of Duty falls very much shorter of the former Remonstrance and is so doubtfully exprest that it lookt rather like a fallacy to deceive the Prince than any clear asserted Loyalty to found thereon any confidence of their Obedience 3. That withall at the same time and by occasion of shewing me these Animadversions His Grace told me That being the Lords of the Council who saw that new Remonstrance and other Papers presented from the Congregation upon first sight so clearly discerned their Juggle it became me to give throughly and clearly all Exceptions at large which might or ought in reason be made against the same Remonstrance and Act of Recognition and moreover to give candidly the true import of the three first Sorbon Declarations as applied and sign'd by the Congregation or as proceeding from them as likewise to give a full and clear and satisfactory Answer to the said Congregation's third Paper or that containing their Reasons why they sign'd not the three last of those late six Sorbon Declarations 4. That in obedience to such His Graces Commands for I took such intimations for sufficient Commands from Him I put my self presently to write the three next following Treatises of this Book or the Second Third and Fourth thereof viz. answering so exactly the number of material Papers given by or presented as from the Congregation to His Grace Which Papers were only three for I look not on their Petitions as any way material 5. That besides the bare motive of obeying His Grace I had these other strong inducements to write on that Subject First I consider'd That by my being backward or if I did shew my self backward in such a matter occasion might be thence taken and peradventure justly too by the foresaid Lords of the Council and consequently by all others of their communion to suspect me also and together with me even all other Subscribers of the former Remonstrance how otherwise Loyal soever Next I remembred what my Lord Lieutenant was pleased some few dayes before to tell me of the Earl of Anglesey's new Sentiments i. e. better opinion of and more favourable inclinations to the Subscribers of the First Remonstrance than his Lordship had formerly had viz. How the said Earl having seen the originals of the late Letters come from the Court of Rome i. e. from Cardinal Francis Barberin and the then Internuncio of Burgundy and Low-countries James Rospigliosi now Cardinal Rospigliosi against the said former Remonstrance and Subscribers thereof had thereupon declared to His Grace the Lord Lieutenant 1. That himself was now at last by the said Letters fully convinced That that former Remonstrance and Controversie about it was no Juggle that Peter Walsh the chief promoter of it was no Cheat but rather on the contrary that indeed the Controversie was real and the Subscribers of that first Formulary as many of them as bore up constantly and unalterably against the Court of Rome in that point were in truth honest for so much And 2. therefore that he for his own part would be thenceforth for repealing the sanguinary and mulctative Laws in order to such constant Professors and unalterable performers of their due Allegiance to the King in all Temporal things whatsoever according to the Laws of the Land Now when I remembred this of my Lord Anglesey I then also consider'd further nay persuaded my self That the more clearly and ingenuously I declared my self on that Subject of the Remonstrance according to my own inward Conscience but regulated still by the unerring Rule of Holy Scripture and Universal Tradition besides natural Reason in the case the more also I should at least of my part really and effectually serve the Roman-Catholicks both Clergy and People of Ireland whose true common good next unto the discharge of a good Conscience and the glory of God by the defence of Truth I alwayes proposed to my self as at least one of the chiefest ends in this World of all my labours For I doubted not but with the blessing of God what I was then to write and now have on that Subject would in time reduce many even of as well the most ignorant as most obstinate of them i. e. some to a right understanding of the principles of Christianity and Reason others to a better compliance with what in truth they understand already but through depravation of will and byas of private interest will not seem or confess they understand Nor doubted but I would confirm many more in that which they themselves already both understand and will according to their own coolest thoughts and more natural inclinations and yet after all were like to be as indeed they have lately been under strong temptations to renounce for ever both And however these matters depending on these or those Irish Clergymen themselves do or prove I must confess I never once question'd then nor do at present but that I should by my writings on that Subject not only continue but encrease those good inclinations which I had already then â—nderstood to be in the foresaid Earl of Anglesey and not in him only but in many other Moderate Noble and Illustrious persons of the Protestant Church for repealing the sanguinary and mulctative Laws in order to such persons of the Roman-Catholick Church as have already or shall hereafter capacitate themselves for so great a favour and I know they all every one may do so without quitting one article word or syllable of the Roman-Catholick Religion as professed in any other Countrey of that same Religion abroad in the world In fine I at least hoped very much to see in my own dayes even the very unexpected fruits of such good inclinations in those illustrious moderate persons that really commiserate the case not only of all such Roman-Catholick Priests of those Dominions as only for their declared Loyal principles and affections to the King are persecuted continually in their own Church and yet not protected by his Laws but likewise of so many Thousands of poor innocent well-principled and well-affected Laicks men and women who sometimes smart by and alwayes lie under the severity of the same Laws And yet after all I will not deny but I had some consideration also of defending
protestation and promoters of any other short and unsignificant one as to the points controverted and the chief speakers for and interpreters of this in their congregation and Committees have declared themselves very conversant should serve them in such cases to shew there would be no kind of tye on them And those last words too That comes to our knowledge or the single word comes importing only in rigor and strictness of speech and sense such conspiracies only as came at that present time for it is a verb of the then present time as they would perhaps interpret it would help to free them of further scruple being they as it may be well thought and rationally suspected of equivocators of purpose omitted or changed the words of the former protestation of 61. relating to this point which were in the future tense and thus which shall come to our hearing into these of the present which comes c. To what more or better purpose then is their final addition and conclusion of all their specious promises which they give thus Finally as we hold the premises to be agreeable to a good conscience so we religiously swear the due observance thereof to our utmost and will teach and preach the same to our respective flocks in testimony whereof we have hereunto subscribed c. There would be no other observance due but that which remains after so many distinctions and evasions And if that secures the King of them let any rational indifferent man be judge And even that if it signifie any kind of thing at all would not be due if the Pope declared against the duty thereof for they were dissolved for their peremptory refusal to give under their hands that they would stand to their Remonstrance in case the Pope should declare against it All which rightly considered makes me in the conclusion of the second instance reflect a little back on the very first beginning of their Remonstrance their owning or acknowledging of the King in these words We your Majesties Subjects the Roman Catholick Clergie of Ireland together assembled do hereby declare and Solemnly protest before God and his holy Angels that we own and acknowledge your Majestie to be our true and lawful King supream Lord and undoubted Soveraign as well of this Realm of Ireland as of all other your Majesties Dominions From well meaning men sincere and plain or from such as intend heartily to shutt their eyes and thoughts to all subtle interpretations reservations abstractions school-distinctions and equivocations or in an age time Country and circumstances wherein and by very many of those very Remonstrants and upon the contradictory question the Popes pretences as well by Divine as by humane right to the very temporal supream power of the Crowns of England and Ireland had not been by reason of their own either publick or private discontents or interests so stiffely maintained though in private only these four years past and is to this very day from such well-meaning men I say and in another age that form of Recognition might perhaps be sufficient But as the case stands at present not at all The Divines on whose explication they chiefly relie are so conversant in Bellarmine and Suarez and their distinctions and meanings and sophistry that as I have already above observed as the word undoubted is not home enough from them to the point so neither are those other our true and lawful King They will say first when they find it convenient That one may be their true and lawful King though an Usurper Yet as Richard the Third was he may be in fact and possession only or by presumption or provision only of the temporary Law of the Land their true and lawful King but not so according to the rules of right-reason and Justice prescribed by the eternal Laws of God and Nature which are above all the laws of man And they will yet further â—ay That although they now admit or would in their conscience admit Charles the Second to be their true and lawful King according to all kind of Laws both of God and man yet he might or may in these cases they exempt from the general rule cease hereafter to be any more their true and lawful King and cease I mean to be so without and against his own consent and himself yet living and even still possessing his Fathers Throne to wit in the cases of the sentences of Deposition or of Excommunication of the people for obeying or acknowledging him the right being transferred to another And they will moreover say that he may be their true and lawful King in actu primo or as to the habit or essence of regal rights but not in actu secundo not as to the exercise of any Jurisdiction over them of which exercise he may as Bellarmine and Suarez and such other Patrons of that way both Divines and Canonists affirm be deprived by a bare Excommunication of him or injunction laid on his people not to obey him being in such a case absolved from all tyes even of sworn Allegiance according to the express Canons of several Popes in the very body of the Canon Law Can. Nos sanctorum and Can. Juratos 15. q. 6. and Can. Absolutos Extra De Haereticis by Gregory the Seventh and Gregory the Ninth as the foresaid Patrons of that way interpret or understand these Canons As for their owning him their Supream Lord which indeed amongst men of the golden age were enough to shew their denial of his Majesties sub-ordination in his Temporals to any other besides God alone even in any case imaginable yet now in this age and this conjuncture and after so many Books written by Roman Catholicks on both sides pro con for and against the Oath of Allegiance that I mean enacted by law under King James some fifty years since and after so much contradiction of late and these four years past all along of the Remonstrance of 61. and by reason of the Letters and Censures procured from Bruxels Rome and Lovain from both the Inter-nuncius's at Bruxels from Cardinal Francis Barbarin both now of late at Rome in the moneths of April and May 66. as before in the moneth of July 62. and from the Faculty Theological at Lovain in the moneth of December the same year 62. in the procurement of which Letters and Censures some of the Members of this very Congregation had been chief Actors and Agents and because this very Congregation by the great influence of some of them on the rest would choose rather to run any hazzard loose all their hopes of prevailing with his Majesty for the greatest good their Country and Religion expected from him that which they and their Predecessors so mightily longed for these hundred years would rather I say loose all the present fair hopes thereof then not conform to such Letters and Censures which yet are in substance and effect against that plain obvious meaning amongst honest men of
those words our Supream Lord and further because of the genius and temper and so many several interests of the men that composed that Congregation and Interests also though in some or many respects divided yet all through pre-occupation ignorance and a perverse obstinacy conspiring together in the main of not speaking their conscience plainly either pro or con for these reasons I say this acknowledgment from them and in these words alone of the Kings Supremacy in Temporals or to speak more properly as I would fain to the purpose of the Kings temporal Supremacy or supream politick and civil Power with the Sword corporal or carnal if I may so speak over all persons subject to him and in all causes indifferently wherein corporal force or co-action is used is lyable to as many deceitful evasions and interpretations as any of the former in that recognition or of those that follow after in their confessions or promises And yet herein they need not find out any way that hath not been chalked before them by some of their sophistical Predecessors these sixty years It is but to pursue their steps and tell the people as several of their chief Speakers and Interpreters have already by clear expressions given sufficient cause to expect they will when they find it convenient that he is acknowledged Supream for the present but not so for the future That both for the present and future he may be acknowledged Supream but their meaning may be and is That he is and may be so de facto not de jure in fact only in actual possession and by force only not by right That he may be so by right also but by such right only as the laws of the Land can or do give him not by such right as the laws of the Church may much less by that right which the laws of God and nature have not given him in those contingencies above Finally as they leave themselves a latitude by the former answers notwithstanding this recognition of Supream in those bare words only or any thing else in this Remonstrance to maintain alwayes the saâ—rilegiousness of the Remonstrance of 61. I speak according to the Censure of the Lovaine Divines of that Remonstrance of 61. and even upon their grounds of humane right which the Popes pretend to the kingdoms of England and Ireland and which those Divines of Lovaine assert unto the See of Rome viz. Those of a pretended submission donation prescription feudatary title given and forfeiture made so they retain the like notwithstanding this acknowledgement here notwithstanding all said before and after To maintain no less stiffely when they shall think fit the other pretended but divine Supream both Temporal and Spiritual right of Popes as well to the Realms of England and Ireland as to all and over all at least Christian Kingdoms and Kings in the world For they will and may say according to their principles which they flatly denied to quit by any sufficient expression or indeed rather denied to meddle with at all or declare themselves in any manner on the point according to such I say they will plead when they shall think it may be done prudently That they do not here acknowledge the King their Supream Lord but in relation only to or in rank and order only of such Lords as are meerly temporal not by any means absolutely or without such relation not at all in relation to such Lords as have a power absolutely divine or supernatural and is composed by God himself both of temporal and spiritual natural and supernatural and is immediatly given by Him to them over the whole earth at least the parts of it that are Christian and also at least in some extraordinary cases Of the emergencie of which cases that they themselves alone I mean such Lords are Judges appointed by Him and that such Lords are the Popes only and certainly they will say And consequently that by no general acknowledgement of a meer temporal â—upremacy in a King by a Catholick it can be presumed he any way intended to relate to that divine spiritual supernatural extraordinary Attribute Power or Supremacy of the Popes even in temporal matters or intended any way to deny it For it is a maxim with Canonists that in a general expression is not to be understood that which the Expressor would not specifically grant were it demanded of him in specie much less that which being demanded of him specifically he of set purpose refuses to express it so though he write not under his hand that specifical demand or denial but passes both by I will say nothing at present of the relative or comparative form of this recognition which they choose rather then that positive and absolute one of the former Remonstrance of 61. Though I be sure that that of 61. being absolute and positive for it is worded thus We do acknowledge and confess your Majesty to be our true and lawful King supream Lord and rightful Soveraign of this Realm of Ireland and of all other your Majesties Dominions puts us not to an inquiry after the manner or measure of the truth lawfulness rightfulness or supremacy of his Titles of his Kingship Lordship or Soveraignty over or to all his other Dominions or those are called his besides Ireland as this of the Congregation must them that please to understand it by the rules of Sophistry or Subtilty Whereby they gave cause to suspect they would have their own relative or comparative form understood by such as listed to understand or interpret it so when they found it could be done prudently For they would have their 's not to be positive at all but relative as you see in their own words which say only thus We acknowledge your Majesty to be our true and lawful King supream Lord and undoubted Soveraign as well of this Realm of Ireland as of all other your Majesties Dâ—minions Now the Querie is how well they acknowledge or would have others to acknowledge him True and lawful King supream Lord and undoubted Soveraign of all other his Majesties Dominions How well of Tangier Jamaica or France c And if his Majesties title to these or either of them be uncertain with them or by many or some of them not accounted good or just at all whether by this relative form they choose of purpose they declare or acknowledge his title to Ireland to be any better The liberty they leave themselves by their manner of expression here to have recourse for interpretation when they please to their logical Sophistry and make this acknowledgement sometimes and to some persons a modal Proposition at other times and to other persons a Proposition not modal but only de extremo modificato gives them the trouble to answer these Queries As in the impartial understanding Reader it and what is here said thereupon may work this perswasion That notwithstanding this their kind of owning and acknowledging his Majesty they are still
proper to Him or indeed by any word or words sufficiently as from them comprehending Him Third Exception That by their form of Recognition in this Remonstrance they do not positively or absolutely but at most and at best relatively conditionally and modally acknowledge Charles the Second to be their true and lawful King supream Lord and undoubted Soveraign of Ireland Fourth Exception That neither according to this relative conditional or modal recognition of this Remonstrance it acknowledges Charles the Second to be rightful King of Ireland which yet the former did but this latter not leaving so the Subscribers elbow-room to play fast and loose with their distinctions and say they so acknowledge Him King of Ireland de facto only or only at most by that presumptive right which is from humane Laws in force not by that which is the true right only and is only derived from the Laws of God or Nature or Canons of the Church Fifth Exception That by the title of supream Lord in this Remonstrance as from that Congregation must not be understood a Supremacy of Lordship not subordinat in Temporals to the pretended both temporal and spiritual supream Lord of the whole Earth or at least of the whole Christian Earth Nor which is the same thing a Supremacy of independence in Temporals at least in all cases from any but God alone But only such a a Supremacy in Temporals as ordinarily excludes Subordination in power to or dependence in such from any of his own People or even from altogether in most cases and in ordinary cases also from the Pope or Church though not from the Church Pope or People in some extraordinary contingencies Sixth Exception That consequently the profession of their being His Majesties Subjects made here by the Congregation signifies no more but a subjection answerable to such a Lordship and such a Kingship And yet further such subjection as obliges them not to acknowledge themselves thereby or by the Laws of God or canons of the Church bound under pain of sin to obey Him or by such laws or canons bound under any pain to obey Him as much as other Subjects ought or as much as the Laws of the Land or humane rules of Government in this Kingdom require at their hands Seventh Exception That as from them it doth not bind them not to acknowledge and assert alwayes what they or any of them at any time hitherto have contended for or do contend or at least pretend that they contend for even at this present their divine or celestial their extraordinary and casual as well positive as negative supream temporal power or pretended power of the Pope over in or to the kingdoms of Ireland England c. as well as over all other Kingdoms Empires States and as well and as truly and properly over their Temporals as over Spirituals at least ratione peccati or in ordine ad spiritualia Eighth Exception That as from them it does not sufficiently exclude dis-acknowledge or disown the Popes even meer humane pretences or pretences of meer humane right by Donation Submission Prescription Peter-peace Feudatary title given or Forfeiture made c. to the temporal Supremacy or supream temporal King-ship Lord-ship or supream power of Goverment ship of England Ireland c. in some cases as being in such cases legally devolved to him and by him to be disposed of at his pleasure to whom he will Ninth Exception That as from them it no way binds them or any else to disown the Popes pretended lawful power either divine or humane for dethroning deposing or depriving the King or binds them any way to dis-allow of the pretended just and lawful execution if any should happen of such power or pretended power by Excommunication and actual denunciation of such Censure and of all the penalties annexed by Papal constitutions or by other sentence or declaration or by any other means whatsoever Nor as from them binds them or any other not to obey the Pope in such matters and disobey the King Nay nor both to disown him as a King and fight against him as a Tyrant and as a Tyrant too as well by title as by administration according to the doctrine of Suarez Def. Fidei Cath. L. 6. C. 4. de formâ Juram Tenth Exception That as from them and pursuant to their meaning by the title or word Supream it professes not against that other seditious doctrine of a pretended natural and inherent right or power in the people themselves not as a Church of Christ but as a natural temporal politick and civil society of men to dethrone or depose the King by virtue thereof when or if they shall on rational grounds or grounds seeming such to themselves judge it necessary for their own preservation or doing themselves right where they think themselves oppressed and the complaints are general A power indeed were it true as the Authors of this doctrine pretend it to be the only supream or that is only and simply and properly such or at least is more truly and properly such then that attributed by this Remonstrance to the King though not according to Bellarmine and those of his way to be compared at all to that of the Pope which alwaies must be the superlatively supream over all Eleventh Exception That as from them it binds them not nor any other not to approve of the practice of that wicked maxime which avers it lawful in some case for Subjects to murther or to kill not only their Prince of a different Religion from theirs but even their Prince of the same true Catholick Religion with them Twelfth Exception That as from them it doth not bind them to acknowledge the Kings either Coercive or directive power of themselves Or That they or any other Clergy-men are bound under pain of sin to submit by a passive obedience to the coercion or by an active obedience conform to the direction of any meer Lay Magistrate or Prince how supream or rightful soever or of his Laws not even in things otherwise indifferent or not prohibited by the Laws of God nor even in things not prohibited by the Canons of the Church if not peradventure to such Lay-Princes only and such laws of theirs if there be indeed any such as are particularly and specially priviledged by the Pope And consequently does not bind them to condemn or disown that most wickedly dangerous Aphorisme attributed to Emanuel Sa in some of his Editions but certainly necessarily and evidently derived from Bellarmine and Suarez c. That in relation to any meer Lay-Prince or King or State Clergy-men cannot be said in any case whatsoever to be guilty of high Treason or of that horrid crime of Laesae Majestatis or of defying denying or lessening Majesty Thirteenth Exception That in case the Pope should declare this Remonstrance of theirs to be uncatholick or unlawful or any way unsafe in point of conscience as to those very small inconsiderable acknowledgments or promises
Infidels and heretical Princes disturbing the publick peace tending to the ruine of Kingdoms and Republicks diverting Subjects from the obedience due to their Soveraigns and precipitating them into faction rebellion sedition and even to commit Parricides on the sacred persons of their Princes The Rectors Deans Proctors Batchelors and whole Vniversity have made this Decree That the sacred Faculty of Theology ought highly to be commended for having given a judgment so pious so religious so wholsome against so wicked and dangerous a Doctrine for having so opportunely held forth to the whole Church but especially to all France the clear light of ancient and orthodox Doctrine for having so gloriously followed the illustrious generosity of their Predecessors and performed a task not only becoming their particular profession to defend the truth but deserving the imitation even of the whole Vniversity it self And to obstruct altogether the very entrance of this new and pernicious doctrine and cause all those who now are or hereafter shall be members of this Vniversity or merit promotion to any degree therein to remember for ever to form and regulate their opinions according to the judgments pronounced by that sacred Faculty and keep at utmost distance from the doctrine so justly proscribed and that every one in particular may fly detest and abhor it and as well in publick as privat combat confute and convince its falsity They do decree that in the next solemn procession as also annually in the Assembly for the procession general immediatly after opening the Schools in the month of October this censure shall publickly be read by the Proctor of the University the first business nothing to intervene and recorded in the Registers of each Faculty and Nation and that two Copies hereof written and signed by the hand of the Clerk of the sacred F-culty of Theologie shall be kept in the common Records of the University and the like number be sent as soon as may be to all Superiours of Colledges and Houses to the end all possible care and diligence be used to secure all those who frequent or reside in the said Colledges from the corruption and poyson of this pernicious doctrine and that they never give way that any person whatsoever presume to say or do any thing contrary to what has so wisely been determined and ordained by that sacred Faculty If any Doctor Professor Master of Arts or Scholler resist and disobey or go about in any sort by word or writing on any cause or pretence whatsoever to offer at the least attempt or make the least opposition against this so laudable and legal a censure let him for a note of infamy and ignominy be expelled and deprived of his degree faculty and rank by a sentence that may for ever cut off all hope of admittance Quintaine Scribe of the University The like Decrees and censures have been made and past on the same occasion and against the same doctrine that the Pope can punish Kings with temporal punishments depose or deprive them of their Kingdoms or Estates c. and have been publickly enacted by these other several Universities following as appears too out of the foresaid Collection of Divers Acts c. By the Vniversity of Caen assembled in the Convent of St. Francis 7. May 1626. By the Vniversity of Rheims the four Faculties being assembled in the Chappel of St. Patrice 18th May 1626. By the Vniversity of Tholouze the Rector and professors of all the Faculties being assembled in St. Thomas's School at the Dominicans 23. May 1626. By the Vniversity of Poitiers assembled at the Dominicans 26. June 1626. By the Vniversity of Valence assembled in the great Hall 14. July 1626. By the Vniversity of Burdeaux assembled at the Carms 16. July 1626. By the Vniversity of Bourges all the Deans and Doctâ—rs-Regent of all the Faculties assembled by the Rector 25. November 1626. By all which the said doctrine was condemned as false erroneous contrary to the word of God pernicious seditious and detestable And so I conclude this my third Treatise or my considerations of the foresaid three Sorbon-propositions as applied by the Congregation to our own gracious King and themselves or Catholick Clergy and people of Ireland Or which is the same thing my considerations of what the said three single Propositions do signifie as from them and as to any further or clearer assurance of their fidelity hereafter to the King or Government in the cases controverted than that was they had before signified by the former paper of their Remonstrance alone without any such additional propositions Now to their third or last paper I mean that of their reasons given to my Lord Lieutenant why they would not subscribe the other three or the three last of those six of Sorbon applyed mutatis mutandis to our King and them selves THE FOURTH TREATISE CONTAINING Answers To the reasons presented in writing to His Grace the Twentieth of June 1666. by Father John Bourk Vicar General of Cashil and Father Cornelius Fogarty D. V. I. in behalf of and by Commission from the Congregation The title of the said writing or reasons being The reasons why we the Roman Catholick Clergie signed not the other three propositions But no hand or Subscription either of Secretary Speaker or any other not even of those very Commissioners that delivered it unto the Paper BEcause that writing is somewhat long and I have already given it intirely and consequently word by word in my first Treatise or Narrative where the Reader may turn to it I will onely take it here by pieces as I have in my second Treatise their Remonstrance And having little to say to the title nor else but what I hope will appear in the procedure and conclusion of these answers which is that I might as justly prefix to this Treatise of mine as a Gentleman in England since the Kings Restoration did to a piece of his own this other title The Jesuits reasons unreasonable and that Father N. N. of the Society can tell his Clients the misterie of such prefixion or application as who hath been as well the chief contriver of those reasons as he was next the Chairman the grand obstructer of the Subscriptions unto I mean the three last propositions I observed their said writing consists of five Paragraphs Whereof the first though short enough truly yet comprehends in general their reasons The following other four are only to prove by induction and by special instance of their rejected propositions and consideration of them what is said so in general is that first Paragraph Which Paragraph therefore they begin and conclude in those words Because we conceive them not any way appertaining to the points controverted And though we did we thought we had already Sufficiently cleared all scruples either by our former Remonstrance seperatly or jointly with the first three propositions we had already subscribed But to make us believe or conceive these reasons as reasonable they give first
in temporal things only As may be seen in many Instances and particularly in those more immediatly relating to the Catholick Subjects of the King of Great Britain the proceedings of Paul the Fifth anâ—â— 1606. against the Oath of Allegiance enacted by King Iames and of Innocent the Tenth against the three negative propositions of the English Catholicks and the both former and latter Letters also of Cardinal French Barberin as President of the congregation De propagandi Fide and of Hieronimus de Vicâ—â—â—is and Iacobus Rospigliosi as Internuncius's of Bruxels or Low-countries and Super-intendents of the affairs of Ireland against the Irish Remonstrance of 61. That both clergie and people of the Roman communion of Ireland have been this long time and are yet as to the generality or far greater part of them so principled by the chief leaders and superiours of that Clergie that whether out of ignorance or a mistaken interest or a wilful inclination they are content to be hurried away into any perswasion that hath the approbation of his Holyness at least for as much as belongs to the regulating of their conscience and instructing them in point of Faith For they are taught to believe him infallible So that till their Clergie that is the chief in authority amongst the same Clergy declare against this doctrine of the Popes infallibility there needs no more besides a rational or seeming opportunity to put all the quiet and peace of the Kingdom in hazzard again notwithstanding any kind of Remonstrance Oath or other Declarations of Loyalty but some cunning Emissary pretending a Brief Bull or other Letter from his Holyness and letting both Clergy and people or either know the contents are against all their said Remonstrances or Declaration for being loyal to the King in such or such cases and that the cases are now in being That these four points being previously and seriously considered I do with all my heart desire to joyn issue with Father N. N. on the main debate here and leave that quaerie to all prudent men to judge whether the Universities of France saying or declaring doctrinally and by a publick Instrument That it is not their doctrine that the Pope withouâ— the consent of the Church is infallible whether I say this or the like Declaration as to and against that doctrine touched our scope or no Or which is the same thing and must be and certainly is understood the quaerie in our case whether it touched or concerned not the scope which was really the Kings and my Lord Lieutenants and either was really or at least pretendedly the Congregations That the said Congregation should say and subscribe the foresaid sixth declaration or proposition applyed to themselves and give it plainly thus under their hands It is not our doctrine that the Pope without the consent of the Church is infallible That because it is too apparent out of the very nature of the things and signification of the words and clearness in both that all prudent knowing men of the world even the very members of that Congregation even such as were most averse cannot when they consider well these four points but answer this quoerie and judge and determine this matter against Father N. N. and therefore acknowledge against his first pretence the pertinency of that sixth proposition of the Sorbonists And because Father N. N. did himself see this very well notwithstanding the mist he raised by his unnecessary discourse of Jansenists to hinder the sight of others and so well saw this that he flyes instantly to other pretences which are in effect if I understand him unnecessariness odiousness unprofitableness c. and the strongest of all if it were true the disturbance of both King and Country which pretences yet for some part he so delivers as if he would seem according to his manner unwilling to be understood and yet so too that in the prosecution he presently returns again to his former of impertinency and then finally concludes all his either weak or false pretences in this manner and words but in the Congregations name still and I confess they owned the paper We are loath that forgein Catholick Nations should think we treat of so odious and unprofitable a question in a country where we have neither Vniversity nor Iansenist amongst us if not perhaps some few particulars whom we conceive under-hand to further this dispute to the disturbance of both King and Country I must now tell him that in the next place and to his next pretence of vnnecessariness which I understand to be tacitly intimated or implyed virtually in that conditional expression and put off of his where immediatly after he leaves it to all prudent men to judge whether the 6th Proposition toucheth our scope or no he wards the blow which he saw ready for him but wards it after his manner that is with no real defence but certain and manifest equivocation of words which you have there If they think it doth let them know that we should not hold the Popes infallibility if he did define any thing against the obedience we owe our Prince I say I must now tell Father N. N. the answers to this pretence also and to all that is either formally or virtually said therein are both cleer and obvious First That if he would be understood to speake here sincerly without deceipt fraud equivocation or imposture and to the purpose too there is implicantia in adjecto The Congregation and himself contradict in effect what he would have them be understood to speake so here in words For they refused to own the doctrine of the Popes infallibility even I mean in relation to the allegiance of the Subject and power of the Prince and trouble themselves and others with their vain pretences for not dis-owning it Nay and were so obstinatly resolved on this point that therefore they were dissolved and would be so dissolved notwithstanding they knew very well the State would be on this account very ill satisfied with the whole Clergie How is it then possible that Father N. N. without manifest contradiction in the whole procedure speaks his conscience here if he intends to speake without equivocation to plain sincere men and speake that which is commonly understood amongst such men by such words Secondly That if he would not be understood so but on the contrary as he ought and what really and onely he intends in his mind pursuant to his and their principles and proceedings he sayes nothing at all here to shew the unnecessariness of subscribing this 6th Proposition Because that if the Pope should for example define their Remonstrance or three first propositions or any part or clause of either contained Heresie or some what uncatholick or unlawful and against their eternal Salvation or some obedience not due to the Prince but to the Pope onely and that this were of Catholick faith without which none can be saved and that notwithstanding such definition the King or
of so many former abroad in other parts of Europe since Gregory the 7th so manifest in History force not a confession of all this from F. N. N or if the very nature of the positions in themselves and the judgment of all judicious and ingenuous men of the world prevail not with him to confess that a general decision and resolve of the Roman Catholick Clergy in Ireland as well against the Popes pretence of infallibility as against his other of a power for deposing the King and raising at pleasure his Subjects in rebellion and against both absolutely and positively be not one of the most rational wayes to hinder the disturbance of King and Countrey as from such Clergie-men and others of their Communion and Nation and if the denyal of such decision and resolve against either pretence especially against this of infallibility since it is plain that if the Pope be admitted infallible his deposing power must necessarily and instantly follow because already and manifoldly declared by several Popes if I say this denyal convince not the denyers and such denyers as the said Congregation in this Country and Conjuncture of a design or desire or pleasure or contentedness to leave still the roots or seeds of new disturbances of both King and Countrey in the hearts of their beleevers and if I say also F. N. N. himself will not upon more serious reflection acknowledge all this to be true and â—â—ident I am sure all other judicious and knowing men even such as are â—iâ—interested wholy in the quarrel and not his partisans will That finally what I have to say is That whosoever is designed by him to be per stringed in or by this last pretence of furthering this dispute to the disturbance of both King and country may answer F. N. N. what the Prophet Elias did Achab on the like occasion Non ego turbavi Israel sic 〈◊〉 demâ—â— Patris tui 3 Reg. 18.18 qui â—ereliquistis mandata Domini secuti estis Bealim And 〈◊〉 that nâ—â— such person alone who ever chiefly perhaps intended nor his few other associates only perstringed likewise by F. N. N. and congregation in this perclose of their Paper but the poor afflicted Church of Ireland generally as it compriseth all beleevers of both sorts and sexes Ecclesiastical and Lay-persons of the Roman Communion nay but the Catholick Church of Christ universally throughout the world hath cause enough already and will I fear have much more yet to say as well to him and the Congregation as to all such other preposterous defenders of her interests what Iacob said to Simeon and Levi Gen. 34.30 upon the sack of Sichem Turbastis me â—diosum fecistis me Chananaeis Pherezaeis habitatoribus terrae hujus And more I have not to say here on this subject of infallibility But leave the Reader that expects more on that question or this dispute in it self directly and as it abstracts from the present indirect consideration to turn over to the last Treatise of this Book Where he shall find more at large and directly to that purpose what I held not so proper for this place Though I confess it was the paper of those unreasonable reasons the answers to which I now conclude here that gave me the first occasion to add that sixth and last piece as upon the same occasion I have the fifth also immediately following this fourth Only I must add by way of good advice to F. N. N That if he or the Congregation or both or any for them will reply to these answers or to what I have before said in my second or third Treatise on their Remonstrance and three first Propositions or even in my first though a bare Narrative only and matter of notorious fact related and if they will have such reply to be home indeed it cannot be better so than by their signing the 15. following Propositions Which to that purpose I have my self drawn and had publickly debated for about a moneth together in another but more special Congregation of the most learned men of this Kingdom and their own Religion held even in that very house where the former sate and immediatly after they were dissolved The Fourteen PROPOSITIONS of F. P. W. Or the doctrine of Allegiance which the Roman Catholick Clergie of Ireland may with a safe Conscience and at this time ought in prudence to subscribe unanimously and freely as that onely which can secure His Majestie of them as much as hand or subscription can and that onely too which may answer the grand objection of the inconsistency of Catholick Religion and by consequence of the toleration of it with the safety of a Protestant Prince or State 1. Prop. HIS Majestie CHARLES the Second King of England is true and lawful King Supream Lord and rightful Soveraign of this Realm of Ireland and of all other His Majesties Dominions and all the Subjects or people as well Ecclesiastick as Lay of His Majesties said Kingdoms or Dominions are obliged under pain of sin to obey His Majestie in all Civil and Temporal affairs 2. His said Majestie hath none but God alone for Superiour or who hath any power over him Divine or Human Spiritual or Temporal Direct or indirect ordinary or extraordinary de facto or de jure in his temporal rights throughout all or any of his Kingdoms of England Ireland Scotland and other Dominions annexed to the Crown of England 3. Neither the Pope hath nor other Bishops of the Church joyntly or severally have any right or power or authority that is warrantable by the Catholick Faith or Church not even in case of Schisme Heresie or other Apostacy nor even in that of any private or publick oppression whatsoever to deprive depose or dethrone His said Majestie or to raise his Subjects whatsoever of His Majesties foresaid Kingdoms or Dominions in Warr Rebellion or Sedition against him or to dispense with them in or absolve them from the tye of their sworn Allegiance or from that of their otherwise natural or legal duty of obedient faithful Subjects to His Majestie whether they be sworn or not 4. Nor can any sentence of deprivation excommunication or other censure already given or hereafter to be given nor any kind of Declaration dispensation or even command whatsoever proceeding even from the Pope or other spiritual authority of the Church warrant His Subjects or any of them in conscience to rebel or to lessen any way His said Majesties said Supream Temporal and Royal rights in any of his said Kingdoms or Dominions or over any of his people 5. It is against the doctrine of the Apostles and practice of the primitive Church to pretend that there is a natural or inhere at right in the people themselves as Subjects or members of the civil common-wealth or of a civil Society to take arms against their Prince in their own vindication or by such means to redress their own either pretended or true grievances
of Nature Scripture Nations and Canons of Holy Church This is the sense of James Talbot Doctor of Divinity Kilkenny Aug. 4. 1648. The Approbation of the Fathers of the Society of JESUS THE ensuing Answers to the Queries being learnedly and laboriously performed replenished with variety of both Moral and Divine Doctrine as the many Authors Canons and places of holy Scripture therein cited do abundantly manifest containing nothing contrary to Catholick Faith and Religion we judge most worthy to be published as an efficacious mean to remove scruples to satisfie each one and to settle the Consciences of all sorts Hen Plunket Superior of the Society of Jesus at Kilkenny Robert Bath of the same Society Christoph Maurice of the same Society Will St. Leger of the same Society Will Dillon of the same Society John Usher of the same Society Another Approbation BY Order from the Supreme Council I have perused these Queries with their Answers and do find nothing contrary to the Catholick Religion or good Manners nay rather that they contain very solid Doctrine well grounded upon the Holy Scriptures and authorized by the Doctors and Fathers of the Church and are most worthy the Press whereby the World may be satisfied and the most tender Consciences resolved in their groundless Scruples and many dangers removed the which unsatisfied might threaten ruine on a Catholick Commonwealth James Talbot Professor of Divinity Sometimes Visitator of St. Augustin's Order in Ireland c. Another Approbation HAving perused this Book of Queries and Answers made unto them by the most Reverend Father David Lord Bishop of Ossory and several Divines of most Religious and exemplar Life and eminent Learning I see nothing contrary to Faith or good Manners nay rather judge it a very solid and profitable work grounded on the Laws of Nature of God and of Nations confirmed by Councils taught and preached by the Holy Doctors and Fathers of the Church and most worthy to be Printed forthwith That to the world may appear the just and most conscionable carriage of the Supreme Council and their adherents in this Controversie about the Cessation and the unwarrantable and illegal proceedings of the Lord Nuncio and others of the Clergy and Laity who for ends repugnant to their Oath of Association seem disaffected to the English Government as it was even in Catholick times and wholly averse from any Peace or Settlement whereby our dread Sovereign Lord and King might be relieved from his present saâ—l condition Kilkenny 12. Aug. Fr Thomas Talbot One of Her Majesties Chaplains The Approbation of Divines of Saint Francis's Order VVE have diligently read this Work and seen in all pages and parts thereof Truth enfranchiz'd Ignirance enlightned the Councils present proceedings for the Cessation and against the Censures vindicated from injustice as the opposers of their Authority are convinced of sinful Disobedience and Perjury Kilkenny the 10th of August Sebastianus Fleming Thesaurarius Ecclesiae St. Patricii Dublin Fr Thomas Babe Fr Ludovick Fitz-Gerrald Fr Paul Synot Fr James De la Mare The Supreme Councils Letter to the most Illustrious and Reverend DAVID Lord Bishop of Ossory concerning the Assembling of Divines and returning his and their Result on the QVERIES FInding that to the great hinderance of the Publick quiet and the benefit of the Common Enemy the Lord Nuncio hath issued his Excommunication and thereby so far as in him lay distracted the Kingdom and divided the Nation notwithstanding that by our Appeal presented unto him the 4th of this Month his Graces further proceedings according to the Law are to be suspended Yet because it concerns the duty we owe the Kingdom to omit nothing that may remove the least scruple in any of the Confederate Catholicks by which he might avoid the visible breach of his Oath of Association by declining the Authority intrusted with us we have thought fit to let your Lordship know it is our pleasure and accordingly we pray your Lordship to assemble forthwith all the Secular and Regular Clergy and all other the able Divines now in this City together before you and to get their present Result upon the enclosed Propositions to be transmitted to us with all speed We know your Lordship so zealous a Patriot and so desirous of setling the Consciences of such few of your Flock as may haply be yet unsatisfied as you will use all possible expedition herein which is earnestly recommended to your Lordship by Kilkenny Castle 14. June 1648. Your Lordships very loving Friends Athenry Luk Dillon Rich Belling Patâ— Brian Joh Walsh Rob Devereux Gerald Fenell The QUERIES I. WHether any and if any what part of the Articles of the Cessation with the Lord of Inchiquin is against the Catholick Religion or just ground for an Excommunication II. Whether you hold the Appeal by uâ— made and interposed within the time limited by the Canon Law and Apostles being granted thereupon be a suspension of the Monitory Excommunication and Interdict and of the effects and consequences thereof and of any other proceedings or Censures in pursuance of the same III. Considering that the Propositions of the Lord Nuncio now Printed were offered by his Lordship as a mean whereby to make the Cessation conscionable whether our Answers thereunto likewise Printed are so short or unsatisfactory and wherein as they might afford just grounds for an Excommunication IV. Whether the opposing of the Cessation against the positive Order of the Council by one who hath sworn the Oath of Association be Perjury V. Whether if it shall be found That the said Excommunication and Interdict is against the Law of the Land as in Catholick time it was practised and which Laws by the Oath of Association all the Prelates of this Land are bound to maintain Can their Lordships notwithstanding and contrary to the positive Orders of the Supreme Council to the contrary countenance or publish the said Excommunication or Interdict VI. Whether a Dispensation may be given unto any Person or Parties of the Confederates to break the Oath of Association without the consent of the General Assembly who framed it as the Bond and Ligament of the Catholick Confederacy and Union in this Kingdom the alteration or dissolution whereof being by their Orders reserved only unto themselves VII Whether any persons of the Confederates upon pretence of the present proceedings of the Lord Nuncio may disobey the Order of the Supreme Council ANSWERS Made to the foresaid QUERIES BY THE Most Reverend Father in GOD DAVID Lord Bishop of Ossory and by the Divines The Preface in form of Letter directed to the Right Honourable the Supreme Council AS well in obedience to your Honours Commands as for satisfaction of our Consciences and guiding Souls committed to our Charge or clearing their Scruples and resolving such from Perplexities who come to us for their spiritual instruction We have seriously considered the Questions delivered us from your Lordships And having first proposed God before our eyes with firm resolutions
are to be alledged (o) This only and no more for what concerns this matter can be deduced out of c. Pastoralis §. verum de appellat cap. Legitima eod Gloss § Legitima in 6. c. Romana eod §. quod si objiciatur Glossa ibid. §. Vera Nota insuper c. cum appellat eod See all this confirmed by c. Interposra de appellationibus extr where it appears sufficiently though it be for the contrary opinion produced that the validity of an Appeal is to be proved before the Judge ad quem For the case of the said Chapter is One appealed who expressed only a probable cause in his appeal The question was whether it were sufficient for the Appellant to prove before the Judge to whom that his cause was probable although perhaps not true And it was resolved That he ought to prove it to be both probable and true unless he offered of his own accord to prove this truth before the Judge from whom and yet was not heard for in this case it is enough he prove before the Judge ad quera that the cause of his Appeal was probable though not true In which question and answer made by the Pope there is not a word for the adversaries but much to our purpose as appears by the Glosse partly and partly by these words nisi hoc se offerens probaturem c. Whence is gathered that he had no obligation to prove it before the Judge a quo but what was done by him was of his own accord not by any tye of the Law At least we may confidently say that nothing may be inferred against us out of this Chapter Nay this Text speaks in case the Appellant even before he enters his Appeal do offer to prove his allegations to be true and not after the Appeal is made as appears in the Glosse there and by the Glossa of cap. Si a Judic verb. teneris de appellat in 6. ibi per Dominic which the common pâ—actice proveth Whence further is manifest that there is no obligation by this Chapter to prove before the Judge a quo the truth of the appeal since questionless before in given in there can be no such obligation therein and before the Judge from whom though not their truth to be proved before him or that when the Judge is refused or excepted against or to speak the terms of the Law when there is a recusation of him not an Appeal that then the recusatorie exceptions are to be proved before Arbiters given by the Judge and chosen by common consent of the Plaintiff and Defendant It is in this case of recusation that cap. cum speciali de appellat extra and cap. Legitima eod tit in 6. speak and not in case of Appeal which is far different from the former It is true that the Judge a quo hath so many dayes allowed him by the Canons to consider what kind of apostles he is to give and that in admitting or rejecting the Appeal he doth in so much ex animi sui opinione out of his own private opinion judge of its probability or improbability yet followeth it not hence that he giveth any juridical or binding sentence or judgment of the Causes obliging either before God or the World the Conscience of the Appellant For the giving of the apostles is nothing else but a bare answer to the Appeal which the Law permits him to give either dimissory or refutatory that is either admitting or rejecting the Appeal either right or wrong but at his own peril if he give not a right answer and admit the Appeal when it is from a just and probable grievance and hath in it expressed probable Causes the Law providing likewise for the liberty and safety of the Appellant that whatsoever answer this be he is not bound to conform himself to it if it be to his disadvantage since he hath once lawfully appealed or with expression of reasonable Causes and since this Judge from whom hath no power to summon him nor to examine Witnesses nor to form any Process concerning the lawfulness or unlawfulness of the Causes expressed which power notwithstanding for to summon examine form a Process must be supposed in him that is the proper Judge and can give a binding sentence of the lawfulness or unlawfulness of the Appeal Whence followeth that they say nothing to purpose who object That the Lord Nuncio and Bishops did not conceive such pressing necessity for concluding the Cessation or such great profit to arise thence which are the prime reasons alledged in the Appeal for excepting against the Censures but rather that it was fixed on with intention to bring in the late rejected Peace and for other consequences following that business and consequently that they conceived no truth in the Causes alledged For in case we did grant their suspitions to be true before God as they are not yet nothing hence may be inferr'd for disproving the lawfulness of the Appeal in foro exteriori wherein only they proceed since they cannot deny but the Causes alledged are such as if they can be proved they ought to be thought lawful and since they are not to be Judges herein as hath been now seen by so many Canons Glosses and Reasons and lastly since we are bona fide persuaded of the probability if not evidence of our motives nay though we had no bona fides interiourly but only seemed exteriourly to have it And verily this Answer satisfieth (p) This great opposition and seeming alteration of judgment in the Lord Nuncio must be very strange to such as know that it appears out of Letters and Messages from his Lordship to the Council which are on Record how his Lordship about the first of March when there was but a bare report of a Cessation to be made with the Parliamentary Scots desired the Council that business to wit the Cessation with the Scots should go on for that he expected a blessing thence not only to this but also to other Kingdoms Nay a little before Inchiquyn was declared for His Majesty did not he approve a Cessation to be made even with him What is the reason of so much desire expressed for making a Cessation with the Parliamentary Scots rather than with Inchiquyn or others or why with I chiquyn himself when he was for the Parliament and not much more now when he is for the King Neither doth the Lord Nuncio's answer seem in any wise to satisfie where he sayes in another of his Letters to excuse this that his intention in his former Letters or Messages was to have an accomodation or league made with him not a Cessation For who is it conceives not that a Cessation of Arms with Sectaries must be conscionable even by the Lord Nuncio's own concession and no just ground for Excommunication if an Accomodation or League be lawful since the Cessation of its own nature brings along withâ—t less communication with
the Judge cannot proceed to the execution of his sentence and by the Canons and Glosses he is no Judge he hath no jurisdiction he cannot examine or call in question the causes of the Appeal neither is the Appellant bound to answer his summons Certainly if he could proceed to the execution of the sentence he might summon him and examine the causes of the Appeal both because that the examination of these causes might make him alter his sentence which was in it self perhaps wholly unjust and because it is therefore said he might proceed to this execution inasmuch as it is supposed he lost no part of his jurisdiction by the interposition of the Appeal since he gave only refutatories If therefore he have in this case a plenary jurisdiction over the Appellant why cannot he summon him concerning the causes of the Appeal or why is not the Appellant in this case bound to obey him It cannot be said That the Laws exempt the Appellant in this particular from him for the very prime Text which can be alledged for this to wit cap. Si a Judice de Appellat in 6. exempts him likewise in all other cases and declares the Judge to be no more Judge over the Appellant And if they say being reduced to extremities that the Judge a quo may call in question even the causes of the Appeal and judge them then they engage themselves against all the Canons Glosses and Doctors and against all their reasons whereof that is insoluble which we have before produced in the Glosse of cap. Sollicitudinem extr de Appellat verb. Episcopus posset where we have seen the question propounded why the Judge a quo might not be a competent Judge of the Appeal and answered it is therefore because that the Appellant is exempt from his jurisdiction by expression of a probable cause in his Appeal as from a Party suspected in regard the Law presumes that he would still give sentence in favour of his jurisdiction and of his former acts or sentences which all reason persuades us he would do For who is that upon unjust grounds would give sentence against any and upon his just Appeal give him only refutatory apostles would not also give sentence against him in the causes of the Appeal for maintenance of his own jurisdiction and righteousness or perhaps in prosecution of his former ignorance corruption malice or spleen if the Law did enable him with power to be Judge in this case Whence further would follow That the Subject would be often remedilesly exposed to the tyranny of every unjust and partial Judge This very same is a reason most sufficient and discovered unto us by the light of nature why we must hold that it lies not in the Judges breast to disannul just Appeals by giving refutatories whether it be granted or denied that he is Judge of the causes For otherwise an ignorant corrupt or malicious Judge notwithstanding his most illegal proceedings might overthrow at his pleasure the most reasonable and necessary Appeals in the World innocency might be oppressed without remedy and all injustice and tyranny maintained if we say the Judge for having given refutatories might proceed to execution during the said just Appeal for the execution may be an evil irrecoverable by any address might be made after as indeed it would be in our case were it allowed Which how repugnant it is to the very Law of Nature and to the intention and aim of Holy Canons who doth not see It was this convincing reason we may justly think made Glossa in cap. Licet de sentent Excom in 6. maintain our assertion in the like case where the Judge gave only apostles refutatories Which is the second argument we make use of to remove this Block whereat some seem to stumble For though the words of Glossa be not the very Text of the Law yet no man can deny but in such a business they are a sufficient president for us and no man can deny who is versed in Canons or Canonists but this very Glosse is next after the Text of esteem and of more authority than Forty Doctors who should maintain the contrary if they produced not the express Letter of the Law to the contrary or some Glosse as clearly for the opposite assertion as this for ours or at least some reason convincing a natural equity for the adverse opinion None of which as we are sure they could not as yet produce so we are confident they shall never be able hereafter to produce The words of the foresaid Glosse are Put the case I was convented before an Ecclesiastical Judge against whom I alledged some declinatory exception perhaps that he was the Kinsman of my adversary or I alledged some dilatory exception The Judge would not admit my exception but declared that notwithstanding any such he would proceed in the principal Whereupon I appealed in writing expressing a reasonable cause in my Appeal and desired with due instance that he would give me apostles He gave me refutatories prefixing withal a time to proceed before him in the principal But I appeared not the day appointed Wherefore he excommunicated me as contumacious 'T is certain that if the cause inserted in my Appeal be true I am not excommunicated (r) Glossa in cap. Licet de sent excom in 6. Pone casum quod fui conventus coram Judice Ecclesiastico coram quo proposui aliquam exceptionem declinatoriam forte quod erat consanguincus adversarii mei vel aliquam exceptionem dilatoriam posui Judex noluit admittere istam exceptionem sed pronunciavit quod ea non obstante procederet in principali unde appellavi in scriptis legitime expressa causa rationabili in mea appellatione petii cum debita instantia ut daret mihi apostolos qui dedit resutatorios assignando mihi terminum ad procedendum coram ipso in principali qua die non comparui Ideo tanquam contumaciem me excommunicavit Certum est quod si causa inserta in mea appellatione sit vera non sum excommunicatus Behold here our very case of an Appeal interposed and only apostles refutatorie granted which refutatories notwithstanding the Gloss affirms it is certain That the Appellant was not bound by the sentence of Excommunication issued against him if the causes expressed in his Appeal were true that is lawful and reasonable for appealing How may it therefore be denied but a just Appeal exempts the Appellant from the power and jurisdiction of the Judge from whom though this Judge do not admit his Appeal but only give refutatories and even the worst King of refutatories for such were the apostles mention'd in this Glosse otherwise this Excommunication of our Glosse would oblige the Appellant And how may it be that any will hereafter stumble at this block of the Lord Nuncio's apostles refutatories given as an Answer to the Councils Appeal or think That these apostles could hinder their just
otherwise contributing to them without 〈◊〉 necessity Further in pursuance of our said Declaration we do Excommunicate as above all those that will side and adhere to the Lord Marquess of Ormond against our said Declaration by bearing Arms for him or his Party by giving him any Subsidie Contribution monies or Intelligence or in any way strengthning securing advising or helping him or obeying his Commands against us or our right intentions herein We do likewise suspend respectively ab officio beneficio voce activa passiva gratiis indultis privilegiis quibuscunque all and singular Ecclesiastical persons Dignitaries Pastors Priests Chaplains either of the Army or private Families Regular and Secular and all other Ecclesiastical persons whatsoever that will give counsel or advice against hinderance or opposition to our said Sentence or Declaration And for further strengthning of these our Act and Acts Sentence and Result we do hereby reserve the Absolution from the above Excommunication and Censures to our selves or to others that will be particularly authorized by us Finally we command respectively as aforesaid sub iisdem penis Censuris all our Vnder Pastors Parish Priests Religious Convents and other Communalties that inter Missarum Solemnia or in publick Places and Sermons they publish this our present Declaration and Sentence of Excommunication and Suspension when and wheresoever they will be required so to do Given at Jamestown under our hand Aug. 12. 1650. Signed by H Ardmacan Jo Archiep. Tuam Jo Rapotens Eugen Kilmor Fran Aladen Nic Fernens Procurator Dublin Fr Anton. Clonmacnocens Walt Clonfert Procurator Leghlinens Fr. Artur Dunens Connor Procurator Dromorens Fr. Hugo Duacensis Fr. Gul de Burgo Provincialis Hiberniae Ordinis praedicat Jac Abbas de Conga Commiss generalis Canon reg S. Aug. Fr. Thom Keran Abbas de Duellio Carol Kelly S. Th. Doctor Decan Tuam Fr. Bernard Egan Procurator R. admodum P. Provincialis Fratrum Minorum Fr. Ricar O Kelly Procur Vic. Generalis Kildar Prior Rathbran Ord. Praedicat Thad Aeganus S. Th. D. Praepos Tuam Luc Plunket S. Th. D. Proton Apostolicus Rector Collegii de Kilecu exercitus Lageniae Capellan major Jo Doulaeus Juris Doc. Abbas de Kilmanagh unus ex Procuratoribus Capituli Cleri Tuam Gual Enos S. T. D. Protonot Apostolicus Thesaurarius Fernen Procurator Praepositi Ecclesiae Collegiatae Galviens And we the undernamed sitting at Galway with the Commissioners authorized by the Congregation held at Jamestown sexto Augusti currentis do concur with the above Sentence of Excommunication and Censures and withal do now make and firm the same as an Act of our own by our several Subscriptions Aug. 23. 1650. Thomas Cashel Jo Laonen Episcopus Edm. Limericen Rob Corgan Cluan Fr Terent. Immolacen Jac. Fallonus Vic. Apostolicus Acaden Fr Petrus Tiernanus Proc. Ministri Provincialis Fratrum Minorum THE SECOND APPENDIX CONTAINING I. The then Marquess now Duke of Ormond and then also Lord Lieutenant General and General Governour of the Kingdom of IRELAND HIS Long and Excellent Letter FROM KILCOLGAN The Second of December 1650. TO THE Lords and Gentlemen ASSEMBLED AT LOGHREOGH i. e. to the last GENERAL ASSEMBLY of all the THREE ESTATES of the whole Irish Nation which the Roman Catholicks there held before they were utterly subdued by the Parliament of England In full Answer To and clear DEMONSTRATION of the manifold CALUMNIES INJUSTICE and both Disloyal and Tyrannical USURPATION of the two last of those Publick Instruments given in the former APPENDIX and of the PRELATES and others who sign'd them II. The said GENERAL ASSEMBLIES PVBLICK ACT and DECLARATION at Loghreogh the 7th of December same year 1650. upon receipt of the above LETTER Printed in the Year M. DC LXXIII The Marquess of Ormond Lord Lieutenant of Ireland His Letter to Loghreogh against the Declaration and Excommunication of Jamestown 1650. AFter Our hearty Commendations Many of the Nobility and Gentry being there assembled by our Letters of the 24th of October last We presume two particulars will come under consideration with them The one His Majesties Declaration made in Scotland seeming to annul the Peace concluded in this Kingdom The other a Declaration and Excommunication contrived at Jamestown in August last by divers Bishops there met and published in September following according to their Order as is alledged by the Publishers Concerning the matter of the Declaration and Excommunication being the thing first come to knowledge here We shall set down the manner of their proceeding and examine the grounds of it plainly and truly But We are necessitated to be the more large in the discourse of it for that it will not easily be believed without clear proof that men of their Function professed Piety and supposed Wisdom would publish such high and bitter Things against Us as are contained in their Declaration and Excommunication but upon infallible grounds of Reason and Truth So that if we should say nothing of it or against it We might possibly in the judgment of some there to Posterity and in Forreign Countries stand convinced of the Calumnies thereby cast upon Us though to Us and to many others it be well known their Quarrel is not to Our Person but to the Authority placed in Us and the Profession We are of Both which they confess plainly enough in their Paper given to the Commissioners authorized by Us in pursuance of the Articles of Peace at Galway bearing date the 29th of October last as shall appear when We come to speak of that Paper For the better understanding of the manner of their proceeding in this business it is fit you be informed That upon Our observation and experience of the unhappy influence some of the Bishops and their Instruments with the help of their forgeries and calumnies which they never spare to invent and publish when they would withdraw the Subjects from obedience had gained upon the People but more especially in Corporate Towns and Cities and having had recent and particular experience of the obstinate disobedience of the City of Waterford and the interruption thereby given to the recovery of what Cromwel had gained in his march from Dublin till he came before that City and finding clearly that the entertainment We received there which We refer to the relation of the Lord Dillon Sir Lucas Dillon and Sir Richard Barnewall notwithstanding all our pains taken and hazards undergone to preserve that City proceeded from the labour of some of the Clergy We did by Letters of the 27th of February last past call to Lymerick as many Bishops as were within any convenient distance and there in presence of the Commissioners authorized by Us in pursuance of the Articles of Peace freely told them That without the People might be brought to have a full confidence in Us and yield a perfect obedience to Us and without the City of Lymerick might be persuaded to receive a Garrison and obey Our Orders it was
not to be hoped that We could do any thing considerable against the Rebels and We desired them if they had a mistrust of Us or dislike of Our Government that they would clearly let us know it telling them That such was Our desire of the Peoples preservation that there was nothing within Our power consistent with Our duty to the KING and sutable to Our Honour that We would not do at their desire for that end Withall letting them see that Our continuance with the name and not the power of Lord Lieutenant could bring nothing but ruine upon the Nation and dishonour upon Us so that in effect we propounded either that they would procure Us due obedience or propose some other way by Our quitting the Kingdom how it might be preserved In answer whereunto they gave Us many expressions of respect and affection and promised to endeavour the procuring of the obedience We desired then also giving Us a Paper containing some Advices or Propositions for the future conduct of Affairs All which seemed to Us to imply their desire of Our continuance in the Government and their compliance with Us though in that particular of erecting a Privy Council their itch to have a hand in the Civil and Martial Affairs was and is apparent by the ensuing Copy thereof 13th of March 1649. Remedies proposed to His EXCELLENCY for removing the Discontents and Distrusts of the People and for advancing His MAJESTIES Service presented by such of the Clergy as met at Lymerick the 8th of March 1649 and the Commissioners of Trust I. HAving joined our selves in this meeting upon Your EXCELLENCIES Summons and in compliance with Your pleasure in delivering our Sense how any life might be conserved in this gasping Kingdom The following Considerations we thought fit to be represented to Your Excellency II. It is generally thought That most of the present Distresses of the Kingdom did proceed from the want of a Privy Council as ever it was accustomed heretofore to assist the Government of this Land in War and Peace We conceive it essentially necessary That such a Council be framed of the Peers and others Natives of the Kingdom as well Spiritual as Temporal to fit with Your Excellency daily and determine all weighty Affairs of the Countrey by their counsel The Commissioners of Trust being onely entrusted for the due observation of the Articles of Peace had not the authority of Counsellors and the affairs that intrench most upon the matters of State of the Kingdom were not their study or charge III. That there be an exact Establishment of the Forces forthwith setled and agreed on directing what numbers the Army of the Kingdom shall consist of Horse and Foot what each Province shall bear what number each Regiment Troop and Company shall consist of and laying down such Rules that no payments be made but according to the number of Forces that shall be visible and extant for service and the said Establishment to be forthwith put in Execution and the said Army once established and made certain not to be multiplied or exceeded other than by solemn further establishment to be made with the consent and concurrence of the Commissioners of Trust if there be cause for it And in that Establishment a certain and sure course be taken That all the Forces have the same assurance and the like equality of payment for all the Army And in that Establishment all preventions possible to be be set down for avoiding the burthening of the People with Thorough-fare Delinquency or Free-quarter or any other Forces than those continued in the Establishment and none to have Command but in one capacity and to serve in the head of that Command otherwise not to be in Command And in the said Establishment considering the necessity the Kingdom it reduced unto the burthen of General Officers or other burthens that may be spared or not found necessary to be put by and the Kingdom at present eased thereof IV. That on the composure of that Army and on Garrisoning of places necessary to be Garrisoned exact wariness be used That none against whom just exception may be taken or who by any probability considering all circumstances cannot so well be confided in as others of this Nation be either of the number whereof those established Forces shall consist or be put or continued in Garrison V. That several places are Garrison'd without the consent or concurrence of the Commissioners of Trust It is proposed That the Forces placed in such Garrisons be forthwith removed and withdrawn and not Garrison'd but by consent of the Commissioners of Trust and that none be placed in such Garrisons but such as the Commissioners of Trust will consent to be placed therein And for particular instance of this Grievance the Castle of Clare Clonraud Ballingary and Bunratty are instanced and what else are of that nature the Commissioners of Trust are to represent and instance forthwith and see redress afforded therein to the Peoples satisfaction if any such be of that nature VI. That it is a great cause of jealousie and mistrust among the People That where Catholicks were setled or understood to be setled in some of the greatest employments of Trust in the Army they have been notwithstanding removed and put by for avoiding of those causes and grounds of mistrust the Catholicks so setled or understood to be setled in such employments are desired to be forthwith restored VII That for satisfaction of the People who in the many disorders of these times see no face of justice exercised among them a Judicature be erected according to the Articles of Peace wherein all Causes without limit between Party and Party may be heard and determined and that Judges of Assize go Circuit twice each year at least and over and besides this that some persons as Justices of Peace in Quarter-Sessions or otherwise be entrusted in each County to whom the Inhabitants of each such County may have their applications for Redress against Oppressions and Extortions hapning within that County and for Debts and other Complaints not exceeding Ten pounds This will free Your Excellency from the trouble of those multitudes of Complaints that come before You for want of other Judicatures and will leave Your Lordship the time entire to be disposed in the Consults of the State Affairs for the better management of the War and other the great Affairs that may concern the better Government of the Kingdom these being of so high a nature and so much tending to the Peoples preservation as no other matter or causes should be interposed that might give any interruption thereunto VIII That to the very great grievance and dissatisfaction of the People the Receiver General hath failed to altar his Accompts concerning the â—â—st Sums of Money levied from the People since the 17th of January 1648. though the same hath been long expected and the grievances from the Agents of Counties long foreslowed in expectation of those accompts It is
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
will not agree with the Parliament for not having it We are of opinion the best remedy the King 's Authority being taken away as was said of meeting this inconvenience of the Peoples closing with the Parliament is returning to the Confederacy as was intended by the Nation in case of breach of the Peace of His Majesties part This will keep an union amongst us if men will not be precipitantly guilty of breach of their Oath of Association which Oath by two solemn Orders of two several Assemblies is to continue binding if any breach of the Articles should happen of His Majesties part The King 's Authority and the Lord Lieutenants Commission being recalled by the Declaration abovesaid we are of opinion the Lord Lieutenant hath no such Authority to leave If we must expose Lives and Fortunes to the hazard of fighting for making good that Peace seeing the danger and prejudice is alike to defend that or get a better Peace why should we bound our selves within the limits of those Articles so disavowed Answer To this VVe answer That if they were alwayes of opinion all their endeavours should be employed to keep the King's Authority over them their Declaration and Excommunication is a strange way of manifesting that opinion which Declaration and Excommunication bears date before His Majesties Declaration wherein they say He throweth away the Nation as Rebels So that whatever His Majesty hath done in withdrawing His Authority it is apparent their endeavour to drive it away was first in time In their advice of returning to the Confederacy appears the scope of their dilemma's and arguments against the continuance of the King's Authority over them which that they may be sure to be rid of they say VVe have not Authority to leave Their Reasons why in Conscience they cannot consent to the revocation of their Declaration and Excommunication follow Vpon consideration of the whole matter we may not consent with safety of Conscience to the Provisoes of revoking our Declaration and Excommunication demanded by his Excellency or granting any assurance to him or the Commissioners of Trust for not attempting the like in the future and that for many Reasons especially for First Reason That the King's Authority is not in the Lord Lieutenant nor power in us to confer a new Authority on him being also destructive to the Nation to continue it in him and preservative if in another And that was our sense when we declared against the King's Authority in his person Answer The King's Authority was to Us when the Declaration and Excommunication was framed by them they acknowledge And that it is still in Us notwithstanding His Majesties said Declaration VVe are able to make good if We could find it of advantage to His service or the safety of His good Subjects But that they confess It is not in them to confer a new Authority upon us is one of the few Truths they have set down Yet why they may not pretend to give as well as take away Authority and why they may not to Us as well as to others We know not They further say It is destructive to the Nation if continued in Vs and preservative if in another and this they say was their sense when they declared against the King's Authority in Our person We would gladly know what We have done to change their sense since the time that by their many professions formerly recited they seemed to be of another opinion If it be for doing little or nothing We believe We have made it appear they are principally guilty of Our being out of action That it will be preservative to the Nation to have Authority to govern it in another We shall be glad to be convinced in the event Second Reason We much fear we should lose the few Churches remaining under his Government as we lost under him all the Churches of the Cities of Waterford and Kilkenny and the Towns of Wexford Rosse Clonmel Cashel Fethard Kilmallock c. In this agreeing with the Maccabees Maximus vero primus pro sactitate timâ—r exat templi Answer The loss of the places mentioned here is answered elsewhere We shall only add That as Cashel was lately deserted by some of those these men esteem obedient Children of Holy Church so the same men could neither be persuaded nor forced into Kilkenny when they had orders for it and by that means both places were lost Third Reason His Excellency having declared at Cork That he will maintain during his life the Protestant Religion according to the example of the best Reformed Churches which may be the same in substance with the Oath of Covenant for ought we know we may not expect from him defence of the Catholick Religion Answer Whatever We declared at Cork in this particular was before the conclusion of the Treaty of Peace and was published in Print and then well known to many of these Bishops So that they ought then to have been aware how they had concluded a Peace with one that had made such a Declaration rather than now after almost Two years to make it a ground of breaking the Peace What Our opinion is of the Covenant or the best Reformed Churches We hold not Our Self obliged to declare Resolved We were to defend the Peace concluded by Us in all the parts of it Which We have faithfully endeavoured to do and should still have endeavoured it if We had not been interrupted affronted and wholly disabled therein by the contrivement of those very Bishops their Brethren and Instruments Fourth Reason The scandal over all the world to make choice of one of a different Religion especially in Rome where His Holiness in His Agreement or Articles with the Queen of England had a Catholick Governour granted though not performed And we do fear the scourges of War and Plague that have fallen so heavy upon us are some evidences of Gods anger against us for putting Gods Causes and Churches under such a hand whereas that Trust might have been managed in a Catholick hand under the King's authority Answer Now at length they are come plainly to shew the true ground of their Exception to Us which they have endeavoured all the while to disguise under the personal scandals they have endeavoured to cast upon us They are afraid of scandal at Rome for making choice as they call it as if they might choose their Governours of one of a different Religion If this be allowed them why they may not next pretend to the same fear of scandal for having a King of a different Religion and to the power of choosing one of their own Religion We know not Touching any agreement made between the Queen of England and His Holiness for a Governour for this Kingdom We have never heard of any such and We are most confident That in the agreement and consequently in the want of performance Her Majesty is falsely aspersed by the framers of this Paper Fifth Reason That we shall
and criminal nature Fourthly That in the Month of September last there was published and declared in the Town of Galway a false scandalous and trayterous Excommunication and Declaration against any that should obey or adhere unto His Majesties Government and Authority in Us who are onely therewith trusted as Lord Lieutenant of this His Majesties Kingdom and another Power and Government without and against His Majesties said Government set up and practised and that the Mayor and Aldermen with a multitude of others of the said Corporation were present countenancing and abetting the said trayterous Excommunication and Declaration and do yet countenance and abett the same by entertaining relieving and cherishing the contrivers and publishers thereof Which by the Laws in force in this Land is High Treason Fifthly That in the said Month of September last or in the Month of October the Captain of the Guards of that Town commonly called the Captain of the young Men did make search for Us in the said Town as after a Criminal person or Fugitive thereby endeavouring to bring scorn and contempt upon Us and His Majesties Authority placed in Us. Lastly There were divers Sums of Money put aboard the Ship called the Seven Stars to be Transported out of the Kingdom without Licence there were Fells and divers other Commodities put aboard un-entred in the Custom-house for which Goods no Custom was paid to His Majesty Which were sufficient grounds to cause the said Ship and Goods to be seized on the Goods belonging to Merchants of Lymerick and Galway as was acknowledged in Letters from the Mayors of both Corporations desiring restitution Eleventh Reason The vast Sums of money and the stock of the people consumed more being spent to lose the Kingdom than the Enemy bestowed to conquer us not accompted for though often demanded doth disanimate the people to come again under His Government Answer For as much of this as concerns Us VVe have answered in Our Answer to the Declaration of the Bishops and shall onely add That VVe are neither by the Articles of Peace to accompt for Monies spent nor to bring any Receiver to accompt but that power is in the Commissioners by the 28th Article of the Peace Here again they take upon them to declare the sense of the People without Authority from them Twelfth Reason The event of War being uncertain if the Nation should be reduced to the condition of agreeing with the Enemy His Excellency were not a fit man to agree for the exercise of our Religion Churches Altars or any thing concerning the same Answer VVe acknowledge Our Self no fit person in any event of War to agree with the Enemy for the People committed by His Majesty to Our Government without Licence from His Majesty Conclusion The best way offered unto us in this pressing exigent for the union of the Nation and keeping them from agreeing with the Enemy is That the Marquess of Clanricard in whom according to the sense of the Congregation at Jamestown we desired the Kings Authority should be left before the coming of the King's Declaration may govern the Nation with the consent of all Parties and the King's Authority from the Lord Lieutenant which he conceives is in him until an Assembly and to that end that a free and lawful Assembly be made to sit to judge upon the Peoples preservation and to decree and order what shall be best and safest for the defence of the Nation touching the King's Authority to be kept over them the Peace to be asserted and made good or to renew the Association or any thing else they shall find best and most expedient To this we willingly submit For we never intended to hinder Assemblies or to give Law to the People All we endeavoured was to defend the Altars and Souls entrusted to us As we are of opinion the Souldier will follow the Marquess of Clanricard and the People obey him so will we contribute our best endeavours to this effect We further give assurance hereby That if a free and lawful Assembly upon due consideration of their own state and condition shall find it the best way for their safety and preservation to make agreement with the Enemy as we intend never by the Grace of God to grant away from us by an affirmative assent our Churches and Altars if forced from us we are blameless so will we not hinder the People from compounding with the Enemy for the safety of their Lives and Estates when no way of offence is appearing though upon such Agreement we see that we alone shall probably be the losers of Sees Estates Churches Altars Immunities and Liberties But in such Contracts with the Enemy if any shall happen which God avert we shall pray and conjure the Catholicks of Ireland that That of the Maccabees may be recorded of them to future Ages Erat enim pro uxoribus filiis itemque pro fratribus cognatis minor sollicitudo maximus vero primus pro sanctitate timor erat Templi This is the Answer delivered unto Us * * Understand the six Commissioners that undersign this Attestation the 5th of this instant November by the Bishops of Killalla Fearnes Kilmacduogh Clonfert Kilfenora and Dromore after several Conferences upon the Proposals made unto them at Galway the 7th of November 1650. SIGNED Gerald Fennell Rich Bellings Geffr Browne Lucas Dillon Rich Barnewall Rich Everard Answer Touching the wayes advised by them for preservation of the Nation it is also referred by Us unto the consideration of the Assembly We being disabled by the practises before set down to act any thing towards it in the way of opposition to the Enemy But where they say they never intended to hinder Assemblies or give Law to the People it is plain that they declared the People were not longer to obey Our orders who only even by the Articles of Peace had power to call an Assembly And if to give and take away Governours at their pleasure from the People as these men have done be not to give Law to them it is yet the highest Prerogative exercised by the Kings and States of the world And if they can no otherwise than by assuming this power endeavour to defend the Altars and Souls trusted to them the world hath long wanted the example given by them and the Apostles and primitive Bishops and Fathers of the Church have been wanting in example and precept The necessity inforcing this Declaration from Us and the reason why We have made it thus long and particular We have before given you And now that We are come to a Conclusion We desire that when you find We are any thing sharper in Our expressions than sutes with the Respects you have to these Prelates and other Clergymen you would then likewise consider the provocation they have given Us. And that as to compass their ends they have not forborn falsely to charge Us with the highest Crimes imaginable and with the greatest
my Lord Lieutenant would challenge the Congregation or Clergie and mind them of their said publick Remonstrance declarations oathes and ingagements and with this very passage I consider now and consequently require obedience in those very cases defined so by the Pope Father N. N. and his associats needed not according to their principles be put to any streight for answer but presently and consequently to his and their said principles and proceedings all along even in that very Congregation and notwithstanding this very present intimation declaration reason resolution or evasion rather and illusion but call it what you please would confess they said indeed amongst other things in their paper of reasons that they should not hold the Popes infallibility if he did define any thing against the obedience they owe to their Prince but nevertheless would say withal they declared not what obedience is due when or wherein Or that any obedience is due when the Prince is at least nominatim declared an Heretick or excommunicat by the Pope Much less when he is by the Pope or by the people or by the sentence of either deposed or as much as suspended from administration for his ill government And since it is manifest if they will not contradict their own principles and proceedings all along which yet they have refused to do that such would be their exposition in such a case of this passage here in their paper of reasons what prudent knowing man in the world sees not they say nothing at all by this imposture against that which they do and must intend to speak against thereby if they intend any thing consequently nothing against the necessariness nothing for the unnecessariness of subscribing the 6th proposition or declaration against the Popes infallibility nothing to our purpose here against even a limited infallibility in him or against his infallibility as relating to their obedience due to the Prince and I mean also that obedience onely which is payed the Prince in temporal things alone or in such due unto him but so due notwithstanding as the Prince himself and his laws for such temporal things and all honest people too understand it due without abstraction exception restriction distinction equivocation or mental reservation for this inconsequence is cleer and manifest out of the very tearms We let all prudent men know that we should not hold the Popes infallibility if he should define any thing against the obedience we owe to our Prince in some cases or some things before he be by the Pope declared nominatim an Heretick an Excommunicat a Tirant an Usurper c or before he be either by Pope or people or by the sentence of either deposed or suspended Therefore its needless or not to the present purpose here that we disown or subscribe against his infallibility when or if he defines and as much as he defines it to be of Catholick faith that in such other cases as those of Apostacie Heresie Schisme Tyranny Usurpation Excommunication deposition suspension we owe in temporal things no obedience to such a Prince And yet this is all that Father N. N. sayes and means here if he say and mean truely so much as I am inclined to perswade my self he doth though I know withal he may be yet questioned for his meaning in these words our Prince as likewise what he really intends by the word should where he sayes we should not hold c. Thirdly That it implyes again a manifest contradiction to hold the Pope infallible in defining all matters controverted whither they be of the Catholick faith or no and yet not to hold his infallibility in defining this question whether Subjects in our condition and of our communion under such a Prince be bound to obey him in temporal things in such and such cases For this very question is mightily controverted even by Catholick Divines on both sides and hath been ever since Gregorie the 7th Fourthly That if Father N. N. his meaning here be grounded on these two suppositions first That by the law of God there is some obedience we owe to our Prince secondly That it is impossible the Pope should define any thing against the law of God and if Father N. N. will say consequently It was therefore the Congregation might have declared they should not hold the Pope's infallibility if he did define c. because they held it absolutly impossible the Pope would so define or define any thing against the obedience they owe their Prince and withal held it lawful for themselves in case of one impossibility supposed by others to resolve themselves conditionally on another as impossible as that quia ex vno impossibili sequitur aliud yet Father N. N. will find himself in this way too contradict his own and the Congregations principles videlicet such principles as he and they follow taken out of Bellarmine and other authors of his way as well in point of the doctrine of the Popes infallibility in general as of his power in particular not onely to depose Princes in such and such cases but to exempt all Clergie-men from owing any obedience at all or in any kind of case to any other Prince but himself alone And therefore further N. N. must not be thought to have said any thing here to any real purpose until he and the Congregation plainly renounce those principles which yet they have not For as in those principles or maxims the former supposition is false at least as relating to the Congregation or to any Clergie-men so it will be answered that granting the second yet according to the doctrine of the Popes infallibility both he and the Congregation and all others too must acquiesce in the Popes exposition or declaration of the law of God and beleive hereafter though against their own former dictates that this or that whatever it be is not against the law of God when or if the Pope declares it is not As according to their further doctrine of the Popes power of the Keyes for binding and loosing or of dispensing they must also believe that in case the Pope himself had declared that before his exemption or dispensation they owed obedience to the temporal Prince in some cases according to the law of God yet if his Holyness once exempt their persons as he hath already or dispense with them or with their obedience in those very cases wherein we now supposed he had formerly declared them bound by the law of God to obedience as he pretends he may nay and often too hath already in the like they owe no further any For so the Glossator avowed by the Rota Romana sayes that the Pope may dispense against the Apostle against the old Testament against the 4. Evangelist's against the law of God Gloss in canon lector dist 39. et in cap. Proposuit de concess Prebend in canon a nobis in verb. Exemptis de decimis And so sayes Bellarmine lib. 4. de Roman Pontifice cap. 5. that
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
Assembly or until upon application to His Majesty He settle the same otherwise And we do fulminate the annexed Excommunication of one date with this Declaration against all the opposers of the same Declaration All ye good Christians and Catholicks that shall read this our said Declaration forced from us by the affliction and disaster of distressed Ireland be pleased to know that we well understand the present condition of this Nation is more inclining to ruine and despair than recovery yet will we relie upon the mercy of God who can and will take off from us the heavy judgment of his Anger War and Plague if we shall amend our wicked lives and lean like little ones upon the arms of his mercy As we cry to him for remedy let us confess with tears our sins saying with the Prophet Isaiah Cecidimus quasi folium universi iniquitares nostrae quasi ventus abstulerunt nos non est qui invocet nomen tuum Domine non est qui consurgat teneat te Abscondisti faciem tuam a nobis allisisti nos in manu iniquitatis nostrae This language from the heart will reconcile Heaven to us Et quiescet ira Dei erit placabilis super nequitia populi sui Though this Nobleman-hath left us nothing but weakness and want and desolation and that the Enemy is rich strong and powerful God is stronger and can help us and for his own Name-sake will deliver us Dominus Eliae the God of Wonders and Miracles erit etiam nunc apud Hibernos if our faith prove strong and our actions sound and sincere We will conclude with St. Paul that Ocean of Wisdom and Doctor of Nations Si Deus pro nobis quis contra nos quis accusabit adversus electos Dei Deus est qui justificat quis est qui condemnet quis ergo nos separabit a charitate Christi Tribulatio an angustia an fames an nuditas an periculum an persecurio an gladius sed in bis omnibus superamus propter eum qui dilexit nos Let nothing separate you from that burning charity of Christianity and God will ever preserve protect and bless you H Ardmacan Jo Archiep. Tuam Jo Rapotens Eugen Kilmer Fran Aladen Nic Fernens Procurator Dublin Fr Anton. Clonmacnocens Walt Clonfer Procurator Leghlinens Fr. Artur Dunens Connor Procurator Dromorens Fr. Hugo Duacensis Fr. Cul de Burgo Provincialis Hiberniae Ordinis praedicat Jac Abbas de Conga Commiss generalis Canon reg S. Aug. Fr. Thom Keran Abbas de Duellio Carol Kelly S. Th. Doctor Decan Tuam Fr. Bernard Egan Procurator R. admodum P. Provincialis Fratrum Minorum Fr. Ricar O Kelly Procur Vic. Generalis Kildar Prior Rathbran Ord. Praedicar Thad Aeganus S. Th. D. Praepos Tuam Lue Plunket S. Th. D. Proton Apostolicus Rector Collegii de Kilecu exercims Lagenâ—â— Capellan major Jo Doulatus Juris Doc Abbas de Kilmanagh 〈◊〉 ex Procuratoribus Capituli Cleri Tuam Gual Enos S. T. D. Protonot Apostolicus Thesaurarius Fernen Procurator Praepositi Ecclesiae Collegiaâ—â—e Galviens And we the undernamed sitting at Galway with the Committee authorized by the Congregation held at Jamestown 6. Augusti currentis do concur with the above Archbishops Bishops and other Prelates and Dignitaries in the above Declaration and withal do now make and firm the same as an Act of our own by our several Subscriptions this 23d of August 1650. Thomas Cashel J. Laonen Episcopus Edmun. Limiricen Rob. Corcag Cluan Fr Teren. Immolacen Jac Fallon Vic. Apostolicus Acaden The Excommunication mentioned in the above Declaration See the Latin Formulary of this Excommunication as likewise that of the fâ—rmer Declaration in Father Ponciu's Vindiciae Eversae the Excommunication pag. 253. num 149. but the Declaration before pag. 236. num 148. WHEREAS we the underwritten Archbishops Bishops and other Prelates and Dignitaries sitting in this our present Congregation at Jamestown with the consent and approbation of the rest through the dangers of these distracted times now absent upon the sad deplorable condition of this Kingdom brought unto the last ebb that may be imagined and after sad and serious consultations had of the desperate Affairs thereof seeing no other humane way possible to put some life unto this sad gasping Kingdom but by our Counsels Co-operation and Industry as is the common sense of all our Folks who look upon us as their only sanctuary and relief against the dangers hovering on them menacing no less than the total ruine of our Nation judging our selves thereunto obliged by the Laws of God and Nature and by our Pastoral charge and in pursuance of an Oath solemnly taken by all the Prelates Noblemen and Gentlemen that were of the Grand Committee upon concluding the Peace in case of not performing the Articles thereof to continue the Association and Union of the Confederate Catholicks and to do all Acts preservative of the same by vertue of which Oath the Prelates so sworn are authorized and bound to renew and maintain the said Union and Association therefore we have endeavoured to apply to those extreme Maladies the best Salves and Remedies to us now appearing and consequently therefore issued our Declaration Yet fearing as God forbid that any irrational perverse or misled person might give any rubs and disobedience to our said Declaration we have unanimously consented and assented to draw out and unsheath the most fearful Sword of Excommunication as we do by these presents against all such wicked Imps of Satan in manner and form as followeth BY vertue of the power given us by our Saviour Jesus Christ and by his Holy Catholick Roman Church and See Apostolick as Pastors and Fathers of your Souls having first invoked the Grace of the Holy Spirit of God and having his fear before our eyes so that we aim at nothing but his Honour and Glory the exaltation of his true Faith and the preservation of his forlorn Kingdom with his Majesties interest therein after mature deliberation and sitting together We have and do by these presents Anathematize and Excommunicate with the maior Excommunication ipso facto to be incurred without expecting any further sentence And we do hereby separate from the body and communication of the Faithfull and deliver unto the power of Satan any person or persons of what quality or preheminence soever that will presume by Words Writing Force or Arms privately or publickly by themselves or others to oppose or disobey our present Declaration or any part thereof We do likewise Excommunicate as above all the Advisers Relievers Abetters and furtherers of those that will directly or indirectly infringe violate or countervene our present Sentence or Declaration Furthermore We do Excommunicate and Anathematize all our unnatural Patriots and others of our Flocks that will adhere to the Common Enemy of God King and Countrey or will any wayes help assist abet or 〈…〉 by bearing Arms for or with them or