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A67437 The history & vindication of the loyal formulary, or Irish remonstrance ... received by His Majesty anno 1661 ... in several treatises : with a true account and full discussion of the delusory Irish remonstrance and other papers framed and insisted on by the National Congregation at Dublin, anno 1666, and presented to ... the Duke of Ormond, but rejected by His Grace : to which are added three appendixes, whereof the last contains the Marquess of Ormond ... letter of the second of December, 1650 : in answer to both the declaration and excommunication of the bishops, &c. at Jamestown / the author, Father Peter Walsh ... Walsh, Peter, 1618?-1688.; Ormonde, James Butler, Duke of, 1610-1688. Articles of peace.; Rothe, David, 1573-1650. Queries concerning the lawfulnesse of the present cessation. 1673 (1673) Wing W634; ESTC R13539 1,444,938 1,122

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do what he was directed from Ireland he delivered the several papers to my Lord Lieutenant and both humbly and earnestly beseeched His Grace to consider of them and present the case to His Majestie and particularly that Remonstrance acknowledgement protestation and petition of the Clergie Then which scarce could any thing more be expected from them for the future whatever they or any of them had been formerly But his Grace two days after returned this answer That the Remonstrance or Declaration or Protestation therein inserted although it might well in some things be made more full and more satisfactory yet however it might be useful were it not onely a bare paper without any subscription or hand to own it Whereunto the Procuratour had no more to say but that likely they in whose behalf it was thought it enough himself should own it in their name and that the times were such in Ireland as they could not scarce three of them meet together and most of their Bishops were abroad in other Countries in exile whom to consult particularly either at home or abroad would require a longer time then the present sufferings of the generallity at home without some speedy commiseration of them could bear That in the mean time until the rest might be acquainted with the exception against it for not being signed those few of that Clergie then at London come from several parts thither which were about 30 in all and one of their Bishops amongst them would he doubted not own and signe it for themselves whereby His Majestie and Grace might see it was no forgery or imposture That he hoped the rest would when they had an opportunity to meet do the same generally And yet that although himself had as His Grace knew a general power from them under their hands and Seals to act for them all nevertheless forasmuch as this was a very special business and that he had no special Commission from them to sign this Instrument or such a special Declaration of their doctrine and conscience and because he had formerly so much experience of the diversity of their affections inclinations and interest 's in a point of this nature and of the awe they or many of them stood in or would stand in of the Court of Rome and of their dependencies thence which their titular pretensions there continued evermore he dared not venture upon owning or subscribing it in all their names though he was ready to do it in his own even as their Procuratour but still not owning a special Commission herein from them And yet hoped with all that so much affliction at home and their exile abroad for so many years under the late Usurpers had made them all wiser by this time then to scruple at the signing of a Declaration so Catholick in it self so just and necessary from them and a Declaration moreover which tyed them to no more then they were bound unto before by all the laws of God and man without any such Declaration or subscription whatsoever if perhaps we except not under the notion of such laws those Papal Canons onely however rejected by all Christians that are not subject to the Pope in his temporal principality and as well by right reason and Christian Religion condemned as indeed such declaration and subscription was chiefly intended against such III. In pursuance of this discourse and to clear as well as might be then and there at London that rational exception of His Grace a meer Paper not signed by any the Procuratour having acquainted the Catholick Bishop of Dromore then at London and such others of the Irish Clergie there with it and with the whole business and storm lately raised in Ireland against all the Catholicks on pretence of that forged letter they met together two several days at the said Procuratours chamber about 30 of them and with the Bishop four and twenty more signed the said humble Remonstrance the other 4 or 5 excusing themselves onely on pretence of inconveniency or unexpediency and such like not at all of any unlawfulness or uncatholickness in the Declaration or any thing els in the whole Paper as they declared there publickly The Nobility and Gentry also of Ireland in great number at London at that time found themselves no less concerned in this matter And therefore after having for eight weeks consequently together in several meetings publickly debated it and consulted also some eminent persons of the English Catholick Nobility and that also in a publick meeting where the same English Noblemen declared their approbation of it and having fitted for themselves an other preamble and Petition subscribed the same Declaration word by word as those of their Clergie had and presented it to His Majestie by a special Committee sent from themselves and by the hands of the Earl of Tirconel The original of which signed by 97. hands the said Earl keeps as he was entrusted with it by His Majestie who most graciously received it and kept a clean copy with himself as he had that formerly of their Clergie-men Soon after both were published in Print in distinct sheets with an advertisement to the Reader from the Procuratour under that of the Clergie which was perclosed with an invitation not onely to the rest of the Irish Clergie wheresoever but to all those of both English Scots and Welch of that function and Religion to concurre in the same or like to wipe off their holy faith and communion the scandal of such unholy principles in point of government and obedience which had so much prejudiced them and their predecessours for a whole age and reduced them to those miseries under which they groaned so long But in regard those 4. or 5. dissentors with such others English or Irish Clergie men either at London or other places as approved their unreasonable opposition made use of their exceptions and several arguments whereon they grounded their allegations of unexpediency or inconveniency the Procuratour found it necessary to give in P●int and in a little book which he called The More Ample Account c. not onely the occasion of transmitting from Ireland that Remonstrance but the grounds at large which concluded both the expediency and necessity incumbent on the Clergie of Ireland in particular and above all others to subscribe it with answers to all the exceptions made till that time by the dissentors And by occasion of the last of them enlarged himself on those arguments which evidently shew by reason Scripture Fathers practise of primitive Christians and by answers to all the grand objections to the contrary that it is in no kind of contingency lawful or just in Subjects to take arms on any pretext whatsoever against the Prince or Laws or in any kind of case wherein the municipal laws of the land do not warrant them Which being addressed and by an Epistle prefixed to all the several Arch-bishops Bishops Vicars General Provincials of Regular Orders Abbots Priors Guardians Rectors
the mean time that no such Indictments Attainders Outlawries Processes or other proceedings thereupon nor any Letters Patents Grants Leases Custodiums Bonds Recognizances or any Record Act or Acts Office or Offices Inquisitions or any other thing depending upon or taken by reason of the said Indictments Attainders or Outlawries shall in any sort prejudice the said Roman Catholicks or any of them but that they and every of them shall be forthwith on perfection of these Articles restored to their respective possessions and hereditaments respectively provided that no man shall be questioned by reason hereof for measne rates or wastes saving wilful wastes committed after the first day of May last past V. Item It is likewise concluded accorded and agreed and His Majesty is graciously pleased that as soon as possibly may be all impediments which may hinder the said Roman Catholicks to sit or vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to sit or vote there shall be removed and that before the said Parliament VI. Item It is concluded accorded and agreed upon and His Majesty is further graciously pleased That all Debts shall remain as they were upon the 23d of October 1641. notwithstanding any disposition made or to be made by vertue or colour of any Attainders Outlawry Fugacy or other forfeiture and that no Disposition or Grant made or to be made of any such Debts by vertue of any Attainder Outlawry Fugacy or other forfeiture shall be of force and this to be passed as an Act in the next Parliament VII Item It is further concluded accorded and agreed upon and His Majesty is graciously pleased That for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Freeholders or reputed Freeholders as well of Connaught and County of Clare or Countrey of Thomond as of the Counties of Limerick and Tipperary the same to be secured by Act of Parliament according to the intent of the 25th Article of the Graces granted in the Fourth year of His Majesties Reign the tenour whereof for so much as concerneth the same doth ensue in these words viz. We are graciously pleased that for the securing of the Inhabitants of Connaught and Countrey of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against Vs and our Heirs and Successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by us our Heirs and Successors In which Act of Parliament so to be passed you are to take care that all tenures in capite and all Rents and Services as are now due or which ought to be answered unto Us out of the said Lands and Premises by any Letters Patents past thereof since the first year of King Henry the Eighth or found by any Office taken from the said first year of King Henry the Eighth until the One and twentieth of July 1615. whereby Our late dear Father or any His Predecessors actually received any profit by Wardship Liveries Primer-seizins Measne-rates Ousterlemaynes or Fines of Alienations without Licence be again reserved unto Us Our Heirs and Successors and all the rest of the Premises to be holden of our Castle of Athlone by Knights service according to our said late Fathers Letters notwithstanding any tenures in capite found for Us by office since the One and twentieth of July One thousand six hundred and fifteen and not appearing in any such Letters Patents or Offices within which Rule His Majesty is likewise graciously pleased That the said Lands in the Counties of Limerick and Tipperary be included but to be held by such Rents and Tenures only as they were in the fourth year of His Majesties Reign provided alwayes That the said Lords Knights Gentlemen and Freeholders or reputed Freeholders of the said Province of Connaught County of Clare and County of Thomond and Counties of Tipperary and Limerick shall have and enjoy the full benefit of such composition and agreement which shall be made with His most Excellent Majesty for the Court of Wards Tenures Respite and issues of homage any Clause in this Article to the contrary notwithstanding And as for the Lands within the Counties of Kilkenny and Wickloe unto which His Majesty was intituled by office taken or found in the time of the Earl of Strafford's Government in this Kingdom His Majesty is further graciously pleased That the state thereof shall be considered in the next intended Parliament where His Majesty will assent unto that which shall be just and honourable And that the like Act of Limitation of His Majesties Titles for the security of the Estates of His Subjects of this Kingdom be passed in the said Parliament as was Enacted in the One and twentieth year of His late Majesty King James's Reign in England VIII Item It is further concluded accorded and agreed upon and His Majesty is further graciously pleased That all incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Inns of Court in or near the City of Dublin or elsewhere as shall be thought fit by His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being And in case the said Inns of Court shall be erected before the first day of the next Parliament then the same shall be in such place as His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Castelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall think fit And that such Students Natives of this Kingdom as shall be therein may take and receive the usual degrees accustomed in any Inns of Court they taking the ensuing Oath viz. I A. B. do truly acknowledge profess testifie and declare in my Conscience before God and the World That our Sovereign Lord King CHARLES is lawful and rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty His Heirs and Successors and Him and Them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties Chief Governour
raised on the Commissioners defective Titles in the Earl of Strafford's Government This to be by Act of Parliament and that in the mean time the said Rents shall not be written for by any Process or increase of Rents or the payment thereof in any sort procured XXVI Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That by Act to be passed in the next Parliament all the arrears of interest money which did accrue or grow due by way of debt morgage or otherwise and yet not satisfied since the Three and twentieth of October 1641. until the perfection of those Articles shall be fully forgiven and be released And that for and during the space of Three years next ensuing no more shall be taken for use or interest of money than five pounds per Cent. And in cases of equality arising through disability occasioned by the distempers of these times the considerations of equity to be alike unto both Parties But as for Morgages contracted between His Majesties Roman-Catholick Subjects and others of that Party where entry hath been made by the Morgagers against Law and the condition of their Morgages and detained wrongfully by them without giving any satisfaction to the Morgagees or where any such Morgagers have made profit of the Lands Morgaged above Countrey charges yet answer no Rent or other consideration to the Morgagees the Parties grieved respectively to be left for relief to a course of equity therein XXVII Item It is further concluded accorded and agreed upon and His Majesty is further graciously pleased That immediately upon perfection of these Articles the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires shall be authorized by the said Lord Lieutenant to proceed in hear determine and execute in and throughout this Kingdom the ensuing particulars and all the matters thereupon depending and that such authority and other the authorities hereafter mentioned shall remain of force without revocation alteration or diminution until Acts of Parliament be passed according to the purport and intent of these Articles and that in case of death miscarriage disability to serve by reason of sickness or otherwise of any the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being shall name and authorize another in the place of such as shall be so dead shall miscarry himself or be so disabled and that the same shall be such persons as shall be allowed of by the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them living And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall have power to applot raise and levy means with indifferency and equality by way of Excise or otherwise upon all His Majesties Subjects within the said Kingdom their Persons Estates and Goods towards the maintenance of such Army or Armies as shall be thought fit to continue and be in pay for His Majesties service the defence of the Kingdom and other the necessary publick charges thereof and towards the maintenance of the Forts Castles Garrisons and Towns of both or either Party other than such of the said Forts Garrisons and Castles as from time to time until there shall be a settlement in Parliament shall be thought fit by His Majesties chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them not to be maintained at the charge of the Publick Provided that His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being be first made acquainted with such Taxes Levies and Excises as shall be made and the manner of the levying thereof and that he approve the same And to the end that such of the Protestant Party as shall submit to the Peace may in the several Counties where any of their Estate lyeth have equality and indifferency in the Assessments and Levies that shall concern their Estates in the said several Counties It is concluded accorded and agreed upon and His Majesty is graciously pleased That in the directions which shall issue to any such County for the applotting subdividing and levying of the said Publick Assessments some of the said Protestant Party shall be joined with others of the Roman-Catholick Party to that purpose and for effecting that service And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall have power to Levy the Arrears of all Excise and all other Publick Taxes imposed by the Confederate Roman-Catholicks and yet unpaid and to call all Receivers and other Accomptants of all former Taxes and all Publick dues to a just and strict accompt either by themselves or by such as they or any seven or more of them shall name or appoint And that the said Lord Lieutenant or any other chief Governour or Governours of this Kingdom for the time being shall from time to time issue Commissions to such person and persons as shall be named and appointed by the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander
THE History Vindication OF The Loyal Formulary or Irish Remonstrance So Graciously Received by His MAJESTY Anno 1661. AGAINST All CALUMNIES and CENSURES IN SEVERAL TREATISES WITH A True Account and Full Discussion of the Delufory Irish Remonstrance and other Papers Framed and Insisted on By the National Congregation at Dublin Anno 1666 And Presented to His MAJESTIES then Lord Lieutenant of that Kingdom the Duke of ORMOND But Rejected by HIS GRACE To which are added THREE APPENDIXES Whereof the Last contains The Marquess of Ormond Lord Lieutenant of Ireland His LONG EXCELLENT LETTER Of the Second of December 1650. In Answer to both the DECLARATION and EXCOMMUNICATION of the Bishops c. at Jamestown THE AUTHOR Father Peter Walsh of the Order of St. Francis Professor of Divinity Melior est contenti● pietatis causa suscepta quàm vitiosa concordia Greg. Nazianz. Orat. 1. pro Pace Printed Anno M.DC.LXXIV TO THE CATHOLICKS OF ENGLAND IRELAND SCOTLAND And all other DOMINIONS UNDER His Gracious Majesty CHARLES II. My Lords Fathers and Gentlemen HOw customary soever amongst Writers both ancient and modern sacred and profane the Dedication of Books hath been as well sometimes only to desire patronage as at other times gratefully to acknowledge benefits yet I do ingenuously confess it was nor this nor that end nor indeed any private regard whatsoever made me after some debate with my self resolve at last upon a Dedicatory Address to the most illustrious name of British and Irish Catholiks that name of names and most glorious of titles so peculiarly challeng'd and zealously contended for by you as the proper inheritance of those in this famous Empire of Great Brittaine that continue in Ecclesiastical Communion with the Catholick Bishop of old Rome What induced me to this Dedication or rather what required it as a duty of me was your undenyable concern above others in the subject or matters treated in this Book and indeed whole design of it even that very publick and great concern of yours appearing all along to be so proper so intrinsick nay so essential to the Book it self and if I may speake freely that very concern of yours the most universal and most considerable of any can be thought of at present by you To evidence your being every one so concern'd I think there needs no more than to consider what the said subject is It is 1. in general the old and fatal Controversie of late again much more unreasonably and vehemently if not more unhappily too then at any time before renewed amongst his Majesties Roman Catholick Subjects especially those of Ecclesiastical Function about the nature measures and obligation of Allegiance due to His Majesty from them in meer temporal things only And 2. in particular it is for one moyety or principal part thereof the Loyal Formulary of remonstrating promising and protesting indispensable Faith and Obedience to our Gracious King Charles the Second in all civil and temporal t●ings whatsoever according to the Laws of the Land or of His Kingdoms respectively Which Formulary was first conceived and agreed upon in the Reign of His Majesties Father of glorious Memory about five and thirty years since by the Roman Catholicks of England or at least some leading persons of them but more lately viz. after His present Majesties happy Restauration and more effectually too was espoused by considerable numbers of those of Ireland for many evident Reasons The chief Reason was the rather by that means to induce His Sacred Majesty to command the ceasing of a rigorous persecution which was then * 1661. actually on foot in that Kingdom under the Triumvirat of Sir Maurice Eustace Lord Chancellor and the Earls of Orrery and Mountrath against all Roman Catholicks universally without distinction or exception of any After much both private and publick debate about this Formulary in the years 1661 and 1662 it not only was subscribed at several times and places by the proper hands of threescore and ten of their Clergy whereof a Bishop was one and a hundred sixty four of their chiefest Lay Nobility Gentry and Proprietors whereof one and twenty were Peers viz. seven Earls nine Viscounts and five Barons but immediately after the first Subscription at London anno 1661. was solemnly presented to and graciously accepted by His Majesty And I suppose they that had any dislike of it in those dayes were well enough pleased with their shares of the success which was His Majesties effectual countermanding the winds and tempest of persecution throughout Ireland and his gracious smiling on the distressed Catholicks both People and Clergy of that Island This honest Formulary now commonly called the Irish Remonstrance so necessarily and piously espoused thus by so many good Patriot-Subscribers as a conscientious Christian full and satisfactory profession of the duty which by all Laws divine and humane they as well as all other Subjects owe His Majesty against all pretences of the Pope to the contrary was even for that very cause i. e. for being so Christianly honest and sincerely loyal soon after traduced and impugned by sundry Ecclesiasticks of the Roman Communion and chiefly by many of those Irish who had received most benefit by it These good men were not content by their reproaches and calumnies to make it odious at home but also dealt so by their disloyal Arts and powerful Friends in other Countries that they got it to be censur'd and condemn'd in formal terms as unlawful detestable sacrilegious yea in effect as schismatical and heretical by the publick Censures of the Lovain Theological Faculty and publick Letters also both of the Bruxell-Internuncio's De Vecchii and Rospigliosi and of the Roman Cardinals De propaganda Fide under the presidency of Cardinal Francis Barbarin himself though amongst other his many titles at Rome stiled Protector of England Having thus gotten the face of Authority on their side they have not ceased ever since for twelve years to the present 1673 but especially these five or six last years have in a most furious manner proceeded even with all the vilest arts of malicious Cabals Conspiracies Plots Libels and an Impostor Commissary and a forged Commission and all the most lying slanders imaginable to persecute and defame the few remaining constant Ecclesiastical Subscribers They have kept them in continual chace with all the greatest and all the most illegal most uncanonical extent of an abused Power with monitories citations depositions excommunications denunciations and even publick affixion or posting of them Of which extremely unjust and scandalous procedures against men no way contumacious as I have sufficiently proved * Vid. Hibernica Valesii Tert. Part. Epist Prim. ad Haroldum there was no cause in nature that appeared or was pretended but a manifest design to force them to renounce their Allegiance to the King by retracting their Subscriptions When they had found them of proof against these attempts under colour of Law they broke out into rage and being
You may at the very first hearing of this Proposal plainly discover their design to be no other than by such indirect means of cunning delayes under pretence of filial reverence forsooth to hinder you for ever from professing at least to any purpose i. e. in a sufficient manner or by any sufficient Formulary that loyal obedience you owe to his Majesty and to the Laws of your Country in all Affairs of meer temporal concern This you cannot but judge to be their drift unless peradventure you think them to be really so frantick as to perswade themselves That from Julius Caesar or his Successor Octavian after the one or the other had by arms and slaughter tyrannically seized the Commonwealth any one could expect a free and voluntary restitution of the People to their ancient Liberty or which is it I mean and is the more unlikely of the two That from Clement the Tenth now sitting in the Chair at Rome or from his next or from any other Successor now after six hundred years of continual usurpation in matters of highest nature and now also after the Lives of about fourscore Popes one succeeding another since Hildebrand or Gregory the Seventh his Papacy and since the Deposition of the Emperor Henry the Fourth by Him in the year of Christ 1077 any one should expect by a paper-Petition or paper-Address to obtain the restoring or manumising of the Christian World Kingdoms States and Churches to their native rights and freedom or that indeed it could be other than ridiculous folly and madness to expect this And yet certainly thi● must be the natural consequent of the Popes or present Papal Courts giving you licence to sign such a publick Instrument as will do your selves and Religion right amongst his Majesties Protestant Subjects or as even amongst your selves will satisfie the more ingenuous loyal and intelligent Persons Thus at last in so many several Paragraphs in all eighteen I have given at large those farther and more particular thoughts of mine relating both to the proper causes and proper remedies of those Evils which as you so much complain lie so heavy on you as Papists to wit the rigorous Sanctions of the penal Laws c. And consequently I have given you those conceptions whereof I said also before not only That without peradventure you may find them to be right if you please to examine things calmly with unprejudic●d reading and coolely with unbyassed reason but also That beside your great concern above others in the peculiar Subject of the Book it was my desire to speak directly and immediately to your selves all that moved me to make this consecratory Address to you as esteeming the knowledge of such matters to be for your great advantage and withall considering a Dedicatory Epistle as the fittest place in which I might present them to your view A third motive yet and this the onely other if in effect it be another of this Dedication was my further desire of choosing you as the fittest Judges of such a Work seeing you are the only Professors amongst all those of so many different Churches in these Kingdoms who peculiarly derive your Faith from that of Old Rome which will still be famous throughout the World For although I thought it excusable not to importune you for Patronage to a Book whose Nativity is I know not which very hard or very easie to calculate nevertheless I held it but reasonable to submit wholly to your judgment the Book it self and the Subject therein handled or the Controversie 'twixt the persecuted Remonstrants of the year 1661 of one side and their persecuting Antagonists of the other In which judgment of yours I have the more reason to be concern'd for both That this and some other Books or Tracts of mine already printed and publish'd besides some other well nigh ready for the Press as well in English as in Latin do in that cause wholly decline the Authoritative ●udgment of His Holiness and consequently of all His suspected Ministers and all other suspected Delegates whatsoever as holding them in that Controversie not to be competent Judges but criminal Parties and knowing that not only in common reason and equity but also by the express Canons of the Catholick Church they cannot be Parties and Judges in the same cause with authority to bind others Therefore until His Holiness or His subordinate Ministers Officials or Delegates under Him in point of or in order to such Authoritative Judgment be pleased to proceed Canonically against me and other Remonstrants i. e. to proceed against us in a Regular Judicatory or Tribunal and in a Regular way that is by giving us indifferent Judges and a place of safety to appear in and both beyond all exception according to the Canons of the Universal Church I and my said Fellow-sufferers the few remaining constant Remonstrators must be in a high measure concern'd in that other I think more excellent kind of judgment which is common to you and to all judicious sober conscientious Men a judgment not of authority or power to bind others but of discretion and reason to direct your selves in order to that opinion you are to hold of and communication you may have with us after you have throughly and seriously ponder●d the merits of our Cause and the proceedings of those who would make themselves even against all the Rules of Reason and all the Canons too of the Christian Church our Authoritative Judges in that very Cause in which they are the principal Parties However though I cannot for my own part otherwise choose than be somewhat sollicitous for the succes● while it is a meer future contingency yet I hope and am almost confident That my integrity and constancy in the Roman-Catholick Religion shall be vindicated against all Aspersions and Misconstructions when I Appeal to you for Justification whose Censure would be the most grievous that can befall me For in truth I do so Appeal to you in this very passage most humbly and earnestly demanding of you 1. Whether in those two grand Controversies one succeeding another the former that of the Nuncio Rinuccini's Ecclesiastical Censures of Interdict and Excommunication in the Kingdom of Ireland (e) an 1648. against all the Adherers to the Cessation concluded by the Confederate Catholicks with the then Baron now or late Earl of Inchiquin who had then declared for the late King the later of the Remonstrance presented to His Majesty (f) an 1661 ● since His Happy Restauration in both which I have ever since continually engaged against the Roman Courts designs on the Supreme Temporal power of these Kingdoms Whether I say my Sermons or my Books my Doctrine or my Practice in the Concerns of either Controversie can be justly tax'd with so much as one tittle or one action against that Roman-Catholick Faith which you all together with the Roman-Catholick World abroad believe as necessary to Salvation 2. Or seeing there is not so much as any
said Articles and before the said Publication shall not be accompted taken or construed or be Treason Felony or other offence to be excepted out of the said Act of Oblivion Provided likewise That the said Act of Oblivion shall not extend unto any person or persons that will not obey and submit unto the Peace concluded and agreed on by these Articles Provided further That the said Act of Oblivion or any in this Article contained shall not hinder or interrupt the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them to call to an account and proceed against the Council and Congregation and the respective Supreme Councils Commissioners General appointed hitherto from time to time by the Confederate Catholicks to manage their affairs or any other person or persons accomptable to an account for their respective Receipts and disbursments since the beginning of their respective employments under the said Confederate Catholicks or to acquit or release any arrears of Excises Customs or Publick Taxes to be accompted for since the Three and Twentieth of October 1641. and not disposed of hitherto to the Publick use but that the Parties therein concerned may be called to an account for the same as aforesaid by the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them the said Act or any thing therein contained to the contrary notwithstanding XIX Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That an Act be passed in the next Parliament prohibiting That neither the Lord Deputy or other chief Governour or Governours Lord Chancellor Lord High Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy Council or Judges of the Four Courts be Farmers of His Majesties Customs within this Kingdom XX. Item It is likewise concluded accorded and agreed and His Majesty is graciously pleased That an Act of Parliament pass in this Kingdom against Monopolies such as was Enacted in England 21 Jacobi Regis with a further Clause of Repealing of all Grants of Monopolies in this Kingdom and that Commissioners be agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them to set down the Rates for the custom and imposition to be laid on Aquavitae Wine Oyl Yearn and Tobacco XXI Item It is concluded accorded and agreed and His Majesty is graciously pleased That such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall be as soon as may be authorized by Commission under the Great Seal to regulate the Court of Castle-Chamber and such causes as shall be brought into and censured in the said Court XXII Item It is concluded accorded and agreed upon and His Majesty is graciously pleased That Two Acts lately passed in this Kingdom the one prohibiting the plowing with Horses by the Tail and the other prohibiting the burning of Oats in the straw be Repealed XXIII Item It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased For as much as upon application of Agents from this Kingdom unto His Majesty in the Fourth year of His Reign and lately upon humble suit made unto His Majesty by a Committee of both Houses of the Parliament of this Kingdom some order was given by His Majesty for redress of several Grievances and for so many of those as are not expressed in the Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of His Majesties said former directions for redresses therein that the same be afforded them yet so as for prevention of inconveniencies to His Majesties service that the warning mentioned in the Four and twentieth Article of the Graces in the Fourth year of His Majesties Reign be so understood that the warning being left at the persons Dwelling-houses be held sufficient warning and that as to the Two and twentieth Article of the said Graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in our English Courts But the Court of Wards being compounded for so much of the aforesaid Answer as concern warning and process shall be omitted XXIV Item It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased That Maritime Causes may be determined in this Kingdom without driving of Merchants or others to appeal and seek Justice elsewhere and if it shall fall out that there be cause of an Appeal the Party grieved is to appeal to His Majesty in the Chancery of Ireland and the Sentence thereupon to be given by the Delegates to be definitive and not to be questioned upon any further Appeal except it be in the Parliament of this Kingdom if the Parliament then shall be sitting otherwise not This to be by Act of Parliament And until the said Parliament the Admiralty and Maritime Causes shall be ordered and setled by the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them XXV Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That His Majesties Subjects of this Kingdom be eased of all Rents and increase of Rents lately