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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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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
of giving the foresaid protestation of fidelity in more pleasing words was not wanting which yet are no way able or fit to remove the mischief But to those who having past the bounds of modesty after so many vain endeavours peradventure glory to have had this last success of the designed Assembly His Holiness doth threaten sore divine revenge if they turning from wicked thoughts do not abstain from such enterprises In the mean while I in the name of the whole Congregation set over your affairs do exhort you that the opinion of your fortitude and faith and the concern of your Salvation be above all things taken by you to heart and that you pay a grateful return of good offices to the Roman Church which hath begot you in Christ The rest is that you all hold for certain you are singularly beloved by our most Holy Lord who by prayers all set on fire with duty and Charity most earnestly begs of the most High God that you may from those unhappy thickets of briars and wild Forrests of danger be brought to the pastures of the Lord. Rome April 24. 1666. Your most loving in the Lord Francis Cardinal Barberin The second Letter or that which was from Rospigliosi dated at Brussels May 13. same year 1666. to the Clergy alone superscribed thus Reverendissimis ac Venerabilibus Dominis Episcopis Vicariis Sedium Vacantium reliquo Clero Hiberniae And proceeding thus Reverendissimi ac Venerabiles Domini PUritas Fidei Catholicae quae inter tot pericula aerumnas illaesa permansit in Regno Hiberniae efficit ut omnes Apostolici Administri merito habeant fideles illos pro dilectissimis Sanctae Sedis filiis tenerrimo effusoque studio erga res eorum afficiantur Ego qui non ex merito sed ex mera Sanctissimi Domini Nostri beneficentia eumdem characterem sustineo meaeque curae commissam habeo directionem negotiorum Vestri Regni sentio mihi adeo acriter praecordia convelli ut lachrymas continere nequeam dum perpendo Nationem illam quae caeteris hactenus illustre constantiae exemplum fuit cuivis temporali commodo praetulit semper conservationem orthodoxae Religionis divini cultus augmentum majorem gloriam Dei nunc versari in periculo ob insidias quorumdam a Patre Iniquitatis humani generis hoste seductorum contaminandi illam eamdem Fidem cujus splendorem per totum Orbem tot tam praeclare gestis hactenus conata est conservare augere Eo quidem tendit Juramentum ad quod subscribendum Valesius Caronus per varias technas satagunt persuadere Ecclesiasticos sicque illos facere Instrumenta causam Damnationis caeterorum Iste est finis ob quem tanto nisu promovent congressum Dubliniensem Et quamvis fingant se moveri zelo fidelitatis debitae Regi satis patet esse merum fucum ad bonos decipiendos quoniam abunde notvm est compertum omnibus quam firmiter radicatum in animo affectum reverentiam obedientiam habeant erga Serenissimam Majestatem suam ac ne optari quidem posse documenta ampliora iis quae hactenus exhibuerunt Et si quid praeterea tentant Valesius Caronus spectat non ad augendam fidelitatem Populorum erga Principem sed ad exterminandam puritatem Catholicae Religionis cujus destructivum est praefatum Juramentum consequenter ad cunctos fideles Hibernos in lachrymosam ac perpetuo deflendam erniciem detrudendos Quanto gravius est periculum tanto amplius meritum acquiret penes Omnipotentem Deum quicumque animo zeloso constanti suavique ac prudenti moderamine remedium opportunum attulerit imminenti periculo Neque possunt oves alio quam vestro praesidio defendi a morsu laetali pravae suggestionis quoniam ob eruditionem dignitatem Sacerdotalem vos praecipue venerantur suspiciunt eademque ratione tenemini earum saluti enixe sedulo consulere Igitur vos in visceribus Christi rogo obtestorque ut tot praesentes tot posteros vestros Conterraneos ab interitu ac casu irreparabili revocetis ne Christus Dominus in durissimo judicio iis qui praesunt faciendo districtam a vobis rationem indiligenter peractae villicationis exigat Nec plura addere operae praetium duco cum causa ipsa quae Dei Cultum Salutem Patriae honorem Generis vestri inseparabiliter attinet zelum vestrum per se incendat excitet adhortetur Finio igitur Altissimum orans ut vos gratia sua praeveniat sequatur ac bonis consiliis jugiter praestet esse intentos Bruxellis 13 May 1666. Reverendissimi ac Venerabiles Domini Vester Devotissimus Servus ad omnia officia paratissimus Jacobus Rospigliosi Abbas S. Mariae Internuncius Apostolicus The Superscription was Reverendissimis ac Veneralibus Dominis D. Episcopis Vicariis Sedium Vacantium reliquo Clero Hiberniae Rendered into English the Superscription in these words To the most Reverend Lords Bishops and the Venerable the Vicars of the vacant Sees and the rest of the Clergy of Ireland And the inner Contents as here Most Reverend Lords and Venerable Sirs THE purity of Catholick Faith which amongst so many dangers and tribulations remain'd without stain or spot in the Kingdom of Ireland makes all Apostolick Ministers to esteem those faithful deservedly the most beloved sons of the Holy See and to have a most tender and affectionate regard of all their Concerns I who through no merit of my own but out of the meer beneficence of our most Holy Lord bear the character of such a Minister and have the direction of the affairs of your Kingdom committed to my charge feel my bowels so grievously pull'd and torn in pieces that I cannot forbear weeping when I consider that Nation which to all other Nations hath been hitherto an illustrious example of constancy and which before all temporal advantages hath alwayes preferr'd the conservation of Orthodox Religion increase of Divine Worship and greater glory of God to be now in danger through the wiles of some seduced by the Father of iniquity the Foe of humane kind of contaminating that very Faith the splendor of which throughout the whole earth by so many and such glorious deeds it hath hitherto endeavoured to preserve and increase To that indeed tends the Oath to the subscribing of which Walsh and Caron by so many subtle arts labour to persuade the Churchmen and so make them Instruments and causes of the damnation of others That is the end for which they use such great endeavours to promote the Dublin Assembly And albeit they feign themselves moved out of zeal of fidelity due to the King yet this appears sufficiently to be but meer false dye to deceive the good because it is abundantly known and manifest to all what affection reverence and obedience and how firmly rooted in their very Souls towards His most Serene Majesty
Instrument I was more concern●d than any one person whatsoever of them all to hinder such a temerarious Resolution of Dissolving a Resolution occasioned indeed by that unlucky accident of the Primats challenging the Speakers Chair but after driven on so furiously and obstinately out of a far other design These reasons and consent of others wrought at last even the more Factions to some calm within the House while others of the more sober Party went forth to perswade the Primat And he suffering himself at last to be perswaded by reason returns fairly of himself and is content to leave the Chair to Kilfinuran a Declaration being first made by all that that Chair was no place nor seat of Dignity but of Ministry or Office only and that it was confessed the praeeminence of place belong'd of right to the Primat of Ardmagh before all the Clergy and Prelats of Ireland This unexpected tumult being so at last over and all things quiet the Gentlemen viz. Sir Nicholas Plunket Knight Sir Robert Talbot Barronet and John Walsh Esq who all three came from my Lord Lieutenant were introduced Being seated and having congratulated the Fathers so wonderful and happy a change under his Majesties Reign after those late and long dismal days of all kind of evil under Usurpers and even therefore a change questionless wrought by the powerful Arme of the High God alone since it gave them so much both liberty and security to sit there together in the Capital Citty of the Kingdom They Declared that they were sent from His Grace upon a special Errand to them but Commanded also by His Grace to read it to them out of Paper least peradventure some mistake should happen to be either of his words or sense delivered otherwise Which being in a few words declared by one of the said three Gentlemen viz. by Sir Nicholas Plunket I remember very well that presently after the third of them I mean John Walsh Esq who had informer times been as Sir Nicholas also was one of the Supream Council of the Roman-Catholick Confederates of Ireland stood up and read intelligibly twice over to the Congregation being all silent and very intent a paper containing exactly these following matters and words as the whole and only errand or message sent from His Grace at that time by those Gentlemen to the Fathers The Lord Lieutenants first Message to the Congregation THat it is too well known to divers persons in the present meeting of the Romish Clergy in this City of Dublin what attempts have been upon the Royal Authority in this Kingdom under colour of the pretended Authority Power and Jurisdiction of the Pope and how far those attempts prevailed in keeping many of the People from returning to their due obedience to the Crown and in withdrawing divers of those from it who were returned to it hath sufficiently appeared not only by the violation of the Peace granted them by His Majesties gracious Indulgence and Clemency but also of the Faith of the then Confederate Roman Catholicks by the instigation procurement and pretended Authority of Rinuccini the Popes Nuncio in the year 1646 and by the proceedings of the Titular Bishops at Jamestown in the year 1650. Secondly That divers of the Nobility and Gentry of Ireland and of the said Claergy in January and February 1661. calling to mind those attempts and the deplorable consequences thereof to the Crown and to themselves presented His Majesty with a Remonstrance and Protestation of their Loyalty to His Majesty and of their renunciation and detestation of any Doctrine or Power from whence such practises might be deduced To which Remonstrance and Protestation divers others of the Nobility and Gentry and most of the said Clergy Resident in this Kingdom have not yet subscribed although more then four years are effluxed since the same was first presented to His Maiesty Thirdly That the said Clergy whose example and incouragement the Laiety of their Profession may possibly expect have delayed their Subscriptions on pretence that they wanted the liberty of adviseing and consulting which they conceived necessary in a matter of so great importance which being now admitted to them with freedom and scourity It is expected that they should make use thereof for asserting and owning His Majesties Royal Authority to the satisfaction of all His Majesties good Subjects and to the particular advantage of the said Clergy themselves and those of their Religion and imploy the time that for that purpose will be allowed them which neither can nor need belong both in respect of the present conjuncture of Affairs and for that it may reasonably be presumed that in four years time the said Remonstrance and Protestation is sufficiently understood and may be speedily resolved upon By the Copy of this Message which I have out of the Secretaries Office delivered to me next day after by His Graces command or I mean by the Endorsement of that Copy it appears the said message was sent by advice also of these Lords of the Privy Council of Ireland the Lord Primat Lord Chancellor Lord Treasurer Earl of Arran Earl of Anglesey and Mr. Secretary Davis However the foresaid three Gentlemen having so delivered their message but left no Copy at all of the Paper and having also in a few words more from themselves particularly recommended to the Fathers that resolution upon and answer to the Lord Lieutenant's Message which might be in all points answerable to his Graces just expectation of their ready unanimous and chearful concurrence to that Remonstrance by their Manual Subscription thereof as of a truly Loyal Instrument or clear profession of true indispensable Allegiance to the King and well indeed might these very three Gentlemen exhort thereunto as having themselves had long before amongst others subscribed that very individual Formulary moreover having in the last place heartily wished likewise all other good Counsels prudent Resolutions and happy success to the Synod they took leave of the Synod they took leave and departed being conducted forth by some of the Prelats and other chief Men of the Congregation Those being departed and these returned and all seated as before the Procurator stood up and addressing himself first to the Chair-man then to the other Prelats and after to all the rest of the Fathers he made his first Speech to them principally indeed pursuing the Lord Lieutenant●s Message on the Subject or end of their Assembly but withal giveing as large and as full an account both of all his own actings in the quality of their Procurator for them the 6 years past i. e. ever since he had received in the year 1661. their Procuratorium to do so and as full also of the Original and procedure expediency and necessity conscienciousness and Catholickness of the Remonstrance and of the contrivance and disputes after nevertheless against it and subscribers of it as the weight and multiplicity of such matters required and as an hour or an hour and half would
power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties Chief Governour or Governours for the time being all Treasons or Trayterous Conspiracies which I shall know or hear to be intended against His Majesty or any of them and I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God Nevertheless the said Lord Lieutenant doth not hereby intend that any thing in these Concessions contained shall extend or be construed to extend to the granting of Churches Church-livings or the exercise of Jurisdiction the Authority of the said Lord Lieutenant not extending so far Yet the said Lord Lieutenant is Authorized to give the said Roman Catholicks full assurance as hereby the said Lord Lieutenant doth give unto the said Roman Catholicks full assurance That they or any of them shall not be molested in the possession which they have at present of the Churches and Church-livings or of the exercise of their respective Jurisdictions as they now exercise the same until such time as His Majesty upon a full consideration of the desires of the said Roman Catholicks in a Free Parliament to be held in this Kingdom shall declare his further pleasure II. Item It is concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That a Free Parliament shall be held in this Kingdom within Six months after the date of these Articles of Peace or as soon after as Thomas Lord Viscount Dillon of Castelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghne Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or the major part of them will desire the same so that by possibility it may be held and that in the mean time and until the Articles in these presents agreed to be passed in Parliament be accordingly passed the same shall be as inviolably observed as to the matters therein contained as if they were Enacted in Parliament and that in case a Parliament be not called and held in this Kingdom within two years next after the date of these Articles of Peace then His Majesties Lord Lieutenant or other His Majesties chief Governour or Governours of this Kingdom for the time being will at the request of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or the major part of them call a GENERAL ASSEMBLY of the Lords and Commons of this Kingdom to attend upon the said Lord Lieutenant or other His Majesties chief Governour or Governours of this Kingdom for the time being in some convenient place for the better setling of the Affairs of the Kingdom And it is further concluded accorded and agreed by and between the said Parties That all matters that by these Articles are agreed upon to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament And that the said Acts so agreed upon and so to be passed shall receive no diminution or alteration here or in England Provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of His Majesties Protestant party or their Adherents or to any of His Majesties Roman Catholick Subjects party or their Adherents other than such things as upon this Treaty are concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and other than such matters as His Majesty will be graciously pleased to declare his further pleasure in to be passed in Parliament for the satisfaction of His Subjects and other than such things as shall be propounded to either or both Houses by His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being during the said Parliament for the advancement of His Majesties service and the peace of the Kingdom which Clause is to admit no Construction which may trench upon these Articles of Peace or any of them and that both Houses of Parliament may consider what they shall think convenient touching the Repeal or suspension of the Statute commonly called Poynings Act intituled An Act that no Parliament be holden in this Land until the Acts be certified into England III. Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of His Majesties Roman Catholick Subjects of this Kingdom or any of them sithence the 7th of August 1641. shall be vacated and that the same and all Exemplifications and other Acts which contain the memory of them be made void by Act to be past in the next Parliament to be held in this Kingdom and that in the mean time the said Acts or Ordinances or any of them shall be no prejudice to the said Roman Catholicks or any of them IV. Item It is also concluded accorded and agreed upon and His Majesty is likewise graciously pleased That all Indictments Attainders Outlawries in this Kingdom and all the Processes and other proceedings thereupon and all Letters Patents Grants Leases Custodiums Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or Outlawries sithence the 7th day of August 1641. in prejudice of the said Catholicks their Heirs Executors Administrators or Assigns or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assigns or any of them or the Widows of them or any of them and that to be done when the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or the major part of them shall desire the same so that by possibility it may be done and in
or Governours for the time being all Treasons or Trayterous Conspiracies which I shall know or hear to be intended against His Majesty or any of them and I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. And His Majesty is further graciously pleased That His Roman-Catholick Subjects may erect and keep Free-Schools for education of youth in this Kingdom any Law or Statute to the contrary notwithstanding and that all the matters assented unto in this Article be passed as Acts of Parliament in the said next Parliament IX Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That places of Command Honour Profit and Trust in His Majesties Armies in this Kingdom shall be upon perfection of these Articles actually and by particular instances conferred upon His Roman-Catholick Subjects of this Kingdom and that upon the distribution conferring and disposing of the places of Command Honour Profit and Trust in His Majesties Armies in this Kingdom for the future no difference shall be made between the said Roman-Catholicks and other His Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective merits and abilities And that all His Majesties Subjects of this Kingdom as well Roman-Catholicks as others may for His Majesties service and their own security arm themselves the best they may wherein they shall have all fitting encouragement And it is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That places of Command Honour Profit and Trust in the Civil Government of this Kingdom shall be upon passing of the Bills in these Articles mentioned in the next Parliament actually and by particular instances conferred upon His Majesties Roman-Catholick Subjects of this Kingdom and that in the distribution conferring and disposal of the places of Command Honour Profit and Trust in the Civil Government for the future no difference shall be made between the said Roman-Catholicks and other His Majesties Subjects but that such distribution shall be made with equal indifference according to their respective merits and abilities and that in the distribution of Ministerial offices or places which now are or hereafter shall be void in this Kingdom equality shall be used to the Roman-Catholick Natives of this Kingdom as to other His Majesties Subjects And that the command of Forts Castles Garrison Towns and other places of importance in this Kingdom shall be conferred upon His Majesties Roman-Catholick Subjects of this Kingdom upon perfection of these Articles actually and by particular instances and that in the distribution conferring and disposal of the Forts Castles Garrison Towns and other places of importance in this Kingdom no difference shall be made between His Majesties Roman-Catholick Subjects of this Kingdom and other His Majesties Subjects but that such distributions shall be made with equal indifference according to their respective merits and abilities and that until full settlement in Parliament Fifteen thousand Foot and Two thousand and five hundred Horse of the Roman-Catholicks of this Kingdom shall be of the standing Army of this Kingdom and that until full settlement in Parliament as aforesaid the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being and the said Thomas Lord Viscount Dillon of Costelloc Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires shall diminish or add unto the said number as they shall see cause from time to time X. Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That His Majesty will accept of the yearly Rent or annual Sum of Twelve thousand pounds sterl to be applotted with indifferency and equality and consented to be paid to His Majesty His Heirs and Successors in Parliament for and in lieu of the Court of Wards in this Kingdom Tenures in Capite Common Knights service and all other Tenures within the cognizance of that Court and for and in lieu of all Wardships Primer-seisins Fines Ousterlemaynes Liveries Intrusions Alienations Measne-rates Releases and all other Profits within the cognizance of the said Courts or incident to the said Tenures or any of them or Fines to accrue to His Majesty by reason of the said Tenures or any of them and for and in lieu of respites and issues of homage and fines for the same and the said yearly Rent being so applotted and consented unto in Parliament as aforesaid then a Bill is to be agreed on in the said Parliament to be passed as an Act for the securing of the said yearly Rent or annual Sum of Twelve thousand pounds to be applotted as aforesaid and for the extinction and taking away of the said Court and other matters aforesaid in this Article contained And it is further agreed That reasonable Compositions shall be accepted for Wardships fallen since the Three and twentieth of October One thousand six hundred forty and one and already granted and that no Wardship fallen and not granted or that shall fall shall be passed until the success of this Article shall appear and if His Majesty be secured as aforesaid then all Wardships fallen since the said Three and twentieth of October are to be included in the Agreement aforesaid upon Composition to be made with such as have Grants as aforesaid which Composition to be made with the Grantees since the time aforesaid is to be left to indifferent persons and the Umpirage to be the said Lord Lieutenant XI Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more proxies than two and that blank proxies shall be hereafter totally disallowed and that if such Noblemen or Peers of this Realm as have no Estates in this Kingdom do not within five years to begin from the conclusion of these Articles purchase in this Kingdom as followeth viz. a Lord Baron Two hundred pounds per annum a Lord Viscount Four hundred pounds per annum and an Earl Six hundred pounds per annum a Marquess Eight hundred pounds per annum and a Duke a Thousand pounds per annum shall lose
offences of what nature kind or quality soever in such manner as if such Treasons or offences had never been committed perpetrated or done That the said Act do extend to the Heirs Children Kindred Executors Administrators Wives Widows Dowagers and Assigns of such of the said Subjects and their Adherents who dyed on before or since the Three and twentieth of October 1641. That the said Act do relate to the first day of the next Parliament That the said Act do extend to all Bodies Politick and Corporate and their respective Successors and unto all Cities Burroughs Counties Baronies Hundreds Towns Villages Tythings and every of them within this Kingdom for and concerning all and every of the said offences or any other offence or offences in them or any of them committed or done by His Majesties said Subjects or their Adherents or any of them before in or since the Three and Twentieth of October 1641. Provided this Act shall not extend to be construed to pardon any offence or offences for which any person or persons have been convicted or attainted of Record at any time before the Twenty third day of October in the year of our Lord One thousand six hundred forty and one That this Act shall extend to Piracies and all other offences committed upon the Sea by His Majesties said Subjects or their Adherents or any of them That in this Act of Oblivion words of Release Acquittal and Discharge be inserted That no person or persons Bodies Politick or Corporate Counties Cities Burroughs Baronies Hundreds Towns Villages Tythings or any of them within this Kingdom included within the said Act be troubled impeached sued inquieted or molested for or by reason of any offence matter or thing whatsoever comprized within the said Act And the said Act shall extend to all Rents Goods and Chattles taken detained or grown due to the Subjects of the one party from the other since the Three and twentieth of October One thousand six hundred forty and one to the date of these Articles of Peace and also to all Customs Rents Arrears of Rents Prizes Recognizances Bonds Fines Forfeitures Penalties and to all other Profits Perquisites and Dues which were due or did or should accrue to His Majesty on before or since the Three and twentieth of October One thousand six hundred forty and one until the perfection of these Articles And likewise to all Measne-rates Fines of what nature soever Recognizances Judgments Executions thereupon and penalties whatsoever and to all other profits due to His Majesty since the said Three and twentieth of October and before until the perfection of these Articles for by reason or which lay within the survey or cognizance of the Court of Wards And also to all respites issues of homage and Fines for the same Provided this shall not extend to discharge or remit any of the King●s debts or subsidies due before the said Three and twentieth of October 1641. which were then or before levied or taken by the Sheriffs Commissioners Receivers or Collectors and not then or before accompted for or since disposed to the Publick use of the said Roman-Catholick Subjects but that such persons may be brought to accompt for the same after full settlement in Parliament and not before unless by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them the said Lord Lieutenant shall otherwise think fit Provided that such barbarous and inhumane Crimes as shall be particularized and agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunric Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them as to the Actors and Procurers thereof be left to be tryed and adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them And that the power of the said Commissioners shall continue only for Two years next ensuing after the date of their Commission which Commission is to issue within six months after the date of these Articles Provided also that the Commissioners to be agreed on for tryal of the said particular Crimes to be excepted shall hear order and determine all cases of Trust where relief may or ought in equity to be afforded against all manner of persons according to the equity and circumstances of every such cases and His Majesties chief Governour or Governours and other Governours and Magistrates for the time being and all His Majesties Courts of Justice and other His Majesties Officers of what condition or quality soever be bound and required to take notice of and pursue the said Act of Oblivion without pleading or suit to be made for the same And that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other precept for concerning or by reason of any matter cause or thing whatsoever released forgiven discharged or to be forgiven by the said Act under pain of Twenty pounds sterl And that no Sheriff or other Officer do execute any such Writ Process Summons or Precept and that no Record Writing or memory do remain of any offence or offences released or forgiven or mentioned to be forgiven by this Act and that all other Causes usually inserted in Acts of General pardon or oblivion enlarging His Majesties grace and mercy not herein particularized be inserted and comprized in the said Act when the Bill shall be drawn up with the exceptions already expressed and none other Provided alwayes that the said Act of Oblivion shall not extend to any Treason Felony or other offence or offences which shall be committed or done from or after the date of these Articles until the first day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in pursuance of these Articles of Peace agreed upon or any Act or Acts which shall be done by vertue colour or pretence of the Power or Authority used or exercised by and amongst the Confederate Roman-Catholicks after the date of the
said Articles and before the said Publication shall not be accompted taken or construed or be Treason Felony or other offence to be excepted out of the said Act of Oblivion Provided likewise That the said Act of Oblivion shall not extend unto any person or persons that will not obey and submit unto the Peace concluded and agreed on by these Articles Provided further That the said Act of Oblivion or any in this Article contained shall not hinder or interrupt the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them to call to an account and proceed against the Council and Congregation and the respective Supreme Councils Commissioners General appointed hitherto from time to time by the Confederate Catholicks to manage their affairs or any other person or persons accomptable to an account for their respective Receipts and disbursments since the beginning of their respective employments under the said Confederate Catholicks or to acquit or release any arrears of Excises Customs or Publick Taxes to be accompted for since the Three and Twentieth of October 1641. and not disposed of hitherto to the Publick use but that the Parties therein concerned may be called to an account for the same as aforesaid by the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them the said Act or any thing therein contained to the contrary notwithstanding XIX Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That an Act be passed in the next Parliament prohibiting That neither the Lord Deputy or other chief Governour or Governours Lord Chancellor Lord High Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy Council or Judges of the Four Courts be Farmers of His Majesties Customs within this Kingdom XX. Item It is likewise concluded accorded and agreed and His Majesty is graciously pleased That an Act of Parliament pass in this Kingdom against Monopolies such as was Enacted in England 21 Jacobi Regis with a further Clause of Repealing of all Grants of Monopolies in this Kingdom and that Commissioners be agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them to set down the Rates for the custom and imposition to be laid on Aquavitae Wine Oyl Yearn and Tobacco XXI Item It is concluded accorded and agreed and His Majesty is graciously pleased That such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall be as soon as may be authorized by Commission under the Great Seal to regulate the Court of Castle-Chamber and such causes as shall be brought into and censured in the said Court XXII Item It is concluded accorded and agreed upon and His Majesty is graciously pleased That Two Acts lately passed in this Kingdom the one prohibiting the plowing with Horses by the Tail and the other prohibiting the burning of Oats in the straw be Repealed XXIII Item It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased For as much as upon application of Agents from this Kingdom unto His Majesty in the Fourth year of His Reign and lately upon humble suit made unto His Majesty by a Committee of both Houses of the Parliament of this Kingdom some order was given by His Majesty for redress of several Grievances and for so many of those as are not expressed in the Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of His Majesties said former directions for redresses therein that the same be afforded them yet so as for prevention of inconveniencies to His Majesties service that the warning mentioned in the Four and twentieth Article of the Graces in the Fourth year of His Majesties Reign be so understood that the warning being left at the persons Dwelling-houses be held sufficient warning and that as to the Two and twentieth Article of the said Graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in our English Courts But the Court of Wards being compounded for so much of the aforesaid Answer as concern warning and process shall be omitted XXIV Item It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased That Maritime Causes may be determined in this Kingdom without driving of Merchants or others to appeal and seek Justice elsewhere and if it shall fall out that there be cause of an Appeal the Party grieved is to appeal to His Majesty in the Chancery of Ireland and the Sentence thereupon to be given by the Delegates to be definitive and not to be questioned upon any further Appeal except it be in the Parliament of this Kingdom if the Parliament then shall be sitting otherwise not This to be by Act of Parliament And until the said Parliament the Admiralty and Maritime Causes shall be ordered and setled by the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them XXV Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That His Majesties Subjects of this Kingdom be eased of all Rents and increase of Rents lately
raised on the Commissioners defective Titles in the Earl of Strafford's Government This to be by Act of Parliament and that in the mean time the said Rents shall not be written for by any Process or increase of Rents or the payment thereof in any sort procured XXVI Item It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased That by Act to be passed in the next Parliament all the arrears of interest money which did accrue or grow due by way of debt morgage or otherwise and yet not satisfied since the Three and twentieth of October 1641. until the perfection of those Articles shall be fully forgiven and be released And that for and during the space of Three years next ensuing no more shall be taken for use or interest of money than five pounds per Cent. And in cases of equality arising through disability occasioned by the distempers of these times the considerations of equity to be alike unto both Parties But as for Morgages contracted between His Majesties Roman-Catholick Subjects and others of that Party where entry hath been made by the Morgagers against Law and the condition of their Morgages and detained wrongfully by them without giving any satisfaction to the Morgagees or where any such Morgagers have made profit of the Lands Morgaged above Countrey charges yet answer no Rent or other consideration to the Morgagees the Parties grieved respectively to be left for relief to a course of equity therein XXVII Item It is further concluded accorded and agreed upon and His Majesty is further graciously pleased That immediately upon perfection of these Articles the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires shall be authorized by the said Lord Lieutenant to proceed in hear determine and execute in and throughout this Kingdom the ensuing particulars and all the matters thereupon depending and that such authority and other the authorities hereafter mentioned shall remain of force without revocation alteration or diminution until Acts of Parliament be passed according to the purport and intent of these Articles and that in case of death miscarriage disability to serve by reason of sickness or otherwise of any the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being shall name and authorize another in the place of such as shall be so dead shall miscarry himself or be so disabled and that the same shall be such persons as shall be allowed of by the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them living And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunrie Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall have power to applot raise and levy means with indifferency and equality by way of Excise or otherwise upon all His Majesties Subjects within the said Kingdom their Persons Estates and Goods towards the maintenance of such Army or Armies as shall be thought fit to continue and be in pay for His Majesties service the defence of the Kingdom and other the necessary publick charges thereof and towards the maintenance of the Forts Castles Garrisons and Towns of both or either Party other than such of the said Forts Garrisons and Castles as from time to time until there shall be a settlement in Parliament shall be thought fit by His Majesties chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them not to be maintained at the charge of the Publick Provided that His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being be first made acquainted with such Taxes Levies and Excises as shall be made and the manner of the levying thereof and that he approve the same And to the end that such of the Protestant Party as shall submit to the Peace may in the several Counties where any of their Estate lyeth have equality and indifferency in the Assessments and Levies that shall concern their Estates in the said several Counties It is concluded accorded and agreed upon and His Majesty is graciously pleased That in the directions which shall issue to any such County for the applotting subdividing and levying of the said Publick Assessments some of the said Protestant Party shall be joined with others of the Roman-Catholick Party to that purpose and for effecting that service And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall have power to Levy the Arrears of all Excise and all other Publick Taxes imposed by the Confederate Roman-Catholicks and yet unpaid and to call all Receivers and other Accomptants of all former Taxes and all Publick dues to a just and strict accompt either by themselves or by such as they or any seven or more of them shall name or appoint And that the said Lord Lieutenant or any other chief Governour or Governours of this Kingdom for the time being shall from time to time issue Commissions to such person and persons as shall be named and appointed by the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander
mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them for letting setting and improving the Estates of all such person and persons as shall adhere to any Party opposing His Majesties authority and not submitting to the Peace and that the profits of such Estates shall be converted by the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being to the maintenance of the Kings Army and other necessary charges until settlement by Parliament And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall have power to applot raise and levy means with indifferency and equality for the buying of Arms and Ammunition and for the entertaining of Frigots in such proportion as shall be thought fit by His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them the said Arms and Ammunition to be laid up in such Magazines and under the charge of such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them to be disposed of and the said Frigots to be employed for His Majesties service and the publick use and benefit of the Kingdom of Ireland And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall have power to applot raise and levy means with indifferency and equality by way of Excise or otherwise in the several Cities Corporate Towns Counties and parties of Counties now within the Quarters and only upon the Estates of the said Confederate Roman-Catholicks all such Sum and Sums of money as shall appear to the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them to be really due for and in the discharge of the Publick engagements of the said Confederate Catholicks incurred or grown due before the conclusion of these Articles And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them shall be authorized to appoint Receivers Collectors and all other Officers for such monies as shall be assessed taxed or applotted in pursuance of the Authorities mentioned in this Article and for the Arrears of all former Applotments Taxes and other Publick dues yet unpaid And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them in case of refractoriness or delinquency may distrain and imprison and cause such Delinquents to be distrained and imprisoned And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them make perfect Books of all such monies as shall be applotted raised and levied out of which Books they are to make several and respective Abstracts to be delivered under their hands or the hands of any seven or more of them to the several and respective Collectors which shall be appointed to levy and receive the same and that a Duplicate of the said Books under the hands of the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or more of them be delivered unto His Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being whereby a present accompt may be given And that the said Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Gerald Fennel Esquires or any seven or them shall have power to call the Council and Congregation and the respective Supreme Councils and Commissioners General appointed hither to from time to time by the said Confederate Roman-Catholicks to manage their publick affairs and all other persons answerable to an accompt for all their Receipts and Disbursments since the beginning of their respective employments under the Confederate Roman Catholicks XXVIII Item It is concluded accorded and agreed by and between the said Parties and His Majesty is graciously pleased That for the preservation of the Peace and tranquility of the Kingdom the said Lord Lieutenant and the said Thomas Lord Viscount Dillon of
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
moneo quatenus abstinere sibi complaceat a tali dispositione cum illa cederet in detrimentum Religionis Catholicae ipsiusmet Ordinis detrimentum Confido quod Paternitas Vestra devotas suas considerationes circa rem hanc habebit Quapropter illam nolo fortius premere expectans quidnam factum fuerit dum interea temporis Dominum Deum rogo ut ipsi assistat cum sua sancta gratia Romae xi Novembris 1664. Franciscus Cardinalis Barberinus In a Postscript the Cardinal added with his own proper hand thus Non possum credere quod Paternitas Vestra de tali subjecto cogitaverit Sed bene mihi persuadeo quod non deputabit illum quia sic requirit servitium Dei In English thus Very Reverend Father WHat great confusion would arise out of the Commissioning Father Redmund Caron or any other of that Faction is on the behalf of the Province of Ireland represented unto me as may be seen at large in the Memorial hereunto annex'd Wherefore I do vehemently admonish you to abstain from any such disposition because it would redound to the detriment not only of Catholick Religion but of your very Franciscan Order I do confide much that your Paternity will devote some of your considerations to this matter Which is the reason I will not urge more strongly at present but expect what your self will do herein while in the interim I beseech the Lord God to assist you with his holy grace Rome xi Novemb. 1664. Postscript also rendred in English thus I cannot believe that your Paternity hath thought of any such subject But I well enough persuade my self that you will not depute him viz. Father Caron because the service of God requires you should not The Memorial in Latin Eminentissime ac Reverendissime Domine EX parte Provinciae Hiberniae Ordinis Fratrum Minorum strictioris observantiae humiliter exponitur Dominationi Vestrae Eminentissimae Fratrem Petrum Valesium ejusdem Provinciae instituti Filium cum suis adhaerentibus conari obtinere a Patre Jacobo Riddere Commissario Nationali Belgico patentes pro Patre Raymundo Carono suo complice ut tamquam Commissarius Visitator visitare possit istam Provinciam non obstante quod per alium Visitatorem legitime institutum Provincia illa jam sit visitata sed ad instantiam praedicti Patris Valesii ipse legitimus Visitator Minister Provincialis cum multis aliis Religiosis sit carceri ab Haereticis mancipatus eo quod Protestationi iniquae a praenominato Valesio suis consociis contra authoritatem Pontificiam editae subscribere non voluerunt Unde omni qua par est submissione supplicatur Dominationi Vestrae Eminentissimae ut dignetur praecipere supradicto Commissario Nationali ut nullatenus similes patentes Patri Raymundo Caron aut ulli alteri ejusdem factionis concedere aut illis ulla ratione favere audeat quandoquidem id summopere vergit in Catholicae Fidei detrimentum quam Deus optimus c. The same Memorial or Petition rendred in English thus Most Eminent and Reverend Lord ON the behalf of the Province of Ireland of St. Francis's Order 't is humbly shewn to your most Eminent Lordship That Fr. Peter Walsh a Son of the same Province and Order does with his Adherents endeavour to obtain from Father James Riddere the Belgick Commissary National Patents for Father Redmund Caron his Companion that he the said Redmund as Commissary Visitator may visit the said Province notwithstanding that the same Province be already visited by another Visitor lawfully instituted and that at the instance of the said Father Walsh even this Visitor himself and Minister Provincial with many other Religious be clap't in Prison by the Hereticks because they would not subscribe the wicked Protestation published by the said Walsh and his Consorts against the Papal Authority Wherefore with all due submission it is supplicated to your most Eminent Lordship That you vouchsafe to command the said National Commissary that by no means he give such Patents either to Father Redmund Caron or to any other of the same Faction nor in any other manner dare to favour them whereas it would mightily harm the Catholick Faith which the Lord God c. De Riddere the Commissaries Answer in Latin to the Cardinal Eminentissime ac Reverendissime Domine Protector noster EXistenti mihi in anxietate magna ad bene resolvendum contra istos Protestantes Hibernos qui videntur omnino Provinciam suam velle perdere destruere mediis illicitis irreligiosis utendo in finem ut aliquis ex ista factione fiat istius Provinciae Visitator supervenit paterna Dominationis Vestrae Eminentissimae mihi multum consolatoria quae revera me non parum fortificavit ad concludendum resolutionem meam conceptam in Universitate Louaniensi ac in aliis partibus consultatam Ministroque Generali per litteras communicatam quae erat fixa manebit quod scilicet nullus istiusmodi Factionis umquam a me alicui rei applicetur multo minus Commissarius Visitator designaretur ob detrimentum quod exinde Religioni Catholicae quin Ordini nostro accidere posset sicuti ex nunc videmus quam temerarie Visitatorem Assistentem suum a me delegatos missos simul Patrem Provincialem aliosque timoratos Patres qui illos a me requisiverant incarcerarunt illosque coeperunt ad petendum admittendum Patrem Raymundum Caronum Commissarium Visitatorem Provinciae suae deputandumque aliquem ad me pro hujusmodi approbatione qui tamen necdum advenit aut comparuit Ego sane ex parte mea in hac materia me conformabo paterno judicio consilio Eminentissimae Dominationis Vestrae cujus benevolentiae benignitati debitas gratias humiliter refero pro honore quem ex mandatis suis recipio rogans omnipotentem Deum ut personam Eminentissimae Dominationis Vestrae ad multos annos conservet pro bono publico suae Ecclesiae Ordinis nostri sicuti omnes indigemus Mechliniae 18. Decembris 1664. Eminentissima ac Reverendissimae Dominationis Vestrae Humillimus ac devotissimus Servus Frater James de Riddere The same Answer in English Most Eminent and Reverend Lord our Protector AT my being in great anxiety how to resolve well against those Irish Protestants who seem to design the utter ruine and destruction of their Province by using unlawful and irreligious means to get one of their Faction to be made Visitor of that same Province your most Eminent Lordships Paternal Letter so comfortable to me came to my hands This Letter truly did not a little strengthen me for concluding my preconceived resolution even that resolution which was before consulted in the Vniversity of Louain and other places and withal by Letters communicated to the Minister General which also was and shall remain fixed viz. That none of that Faction shall ever at any time be applied by me to any Function
in many Countries or Counties solemnly Dedicated Blessed and Hallowed even some common Wells or Springs abroad in the Fields giving the said Wells special Titles in imitation of the more famed ancient and commonly esteemed Miraculous Wells in this Kingdom of Ireland those I mean of St. Brigid in Connaught and St. John Baptist neer Dublin whether People go in Pilgrimage and that his admirers did not scruple to affirm he had by his Blessing communicated to the said Wells of his own or dedicated by him part of his own efficacious and supernatural wonder working virtue to cure all diseases 3. That however being encouraged by and relying on his Pass he had proceeded thus as in Triumph of one side of the Kingdom out of Connaught to Munster and from Thurles in Munster down to Leinster till he came within five miles to Dublin received in all places entertained reverenced honoured admired not only by the common People but by the Gentry Nobility Knights Lords Ladies and Clergy too and by many also presented with gifts which he never refused 4. That at Cluansillach five miles from Dublin the last of any place so near the Capital City where his Miraculous Scenes were for that time presented a vast number both out of the City and adjacent Countries throng'd about him so that some of them were troden almost to death 5. That from thence he returned back to his own Countrey by an other way than that he came by but and especially where ever he saw a great Multitude practising still as his manner and delight was to practise in the open fields amongst great Multitudes dispossessing of Devils from such as he himself alone was pleased to judge Possessed and curing too or at least both pretending and attempting to cure all other diseases by praying and exorcising and touching and crossing and stroaking and some times also for some diseases by blowing vehemently and laboriously too into the ears of the diseased party 6. And Lastly that some Protestants also having gone of purpose to see him others of them really to desire his helping hand but others only to be satisfied by seeing what good or not he did to any there wanted not amongst them nay and amongst the very Catholicks too both men and women some persons or rather indeed too too many returned extreamly unsatisfied looking unto all his feats as meer cheats and Imposture while others cryed up several of them for true and great Miracles and that from the former dissatisfied persons the information given to the Lord Lieutenant had proceeded But notwithstanding all my earnest inquisition I could not meet with any either Ecclesiastick or Laick that would assure me of so much as any one cure himself had seen done and which himself verely esteemed Miraculous nay nor that would assure me he verily believed the report of others in relation to such miraculous Cures said to have been done by that good Father save only still Geoffry Brown and Richard Bellings two grave Gentlemen Esquires known Catholicks of very good repute throughout the Kingdom both for Religion and discretion and their publick emploiments too amongst the late Confederates yea and the former a Counsellor at Law and even a Galway-man of the same Country with Father Finachty and the latter albeit a Leinster man yet one who had purposely gone to the said Father's last great appearance at Cluansillach near Dublin to be cured by him of the Gout Being told those two Gentlemen of my own old acquaintance could say much of him and that they held him in great veneration I visited them of purpose to be informed as they did me often on other accounts and being not only sure they would tell me truth but having a great opinion of their judgment knowing they were no Bigots and perswaded too that neither of them especially the Lawyer could be too lightly credulous I prayed them to tell me what they could say of their own knowledge Mr. Bellings answered That himself was perswaded in his conscience Father Finachty had a wonderful gift from God of curing by exorcisms and prayers But when I asked him again what he had found thereof by his own experience for said I you have been with him at Cluansillach and touched upon and prayed for by him there and yet you have had the Gout once or twice since as ill as ever at any time before to this he could say nothing but that he thought his own relapse not so altogether painful as before and that 't was hardly possible so many others who said they were cured by him would lye or dissemble and however that what Geoffry Brown had with his own eyes beheld and would assure me if I enquired of him was able to convince any man Whereupon I went to Mr. Brown desiring the particulars from his own mouth And he in truth gave me this account viz That some years past six or seven or thereabouts in Cromwels time when the said Father Finachty began first to be cryed up he had himself been present when in a wood in Connaught whether a multitude of about Two or three hundred came to the Father he had cured a Cripple who for many years before had been publickly known in Galway to have been always a Cripple going upon all four only having two low Crutches not above half a foot high under his two hands and as such living at the Augustinians of Galway even eight years at least and until they were destroyed when the Town yielded to the Parliament Forces That that Miraculous cure was all done not only in his own presence and in that of the aforesaid whole Multitude but in this manner viz That the Cripple being lay'd down at the feet of the Father he the same Father Prayed and Exorcized and Sign●d him with the Cross all over and at last bid him get up and when the Criple did not bid one of the Assistants who was a Lay-brother of either the Augustinian or Franciscan Order I remember not now exactly which to raise him up by strength from his Crutches and hold him stretched up and by force to continue him so for a time That the Lay-brother who was a strong man did as he was directed and thereupon the Cripple cryed out vehemently he was in torture and was not able to continue so standing and kept stretched out by force That then Father Finachty bid him to be let down as before on his low crutches and then again Prayed Exorcised and Crossed him as formerly and after that having bid the Lay-brother to raise him now the second time and this being accordingly done the Cripple was asked Whether he felt any more pain by being kept standing right he answered No and that he found himself Cured and stood alone of himself and walked before them all and gave God thanks That he was and even continued so perfectly Cured that next Sunday he appeared at a publick hurling or Play at Commans where the Youths of several Parishes
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 ●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
all that should feed help or adhere to Us are set down in their Declaration * See before page 65. in the former Appendix of Instruments where you have this Declaration at length both Preamble and Fifteen Articles thereof entirely and consequently without interposition of any other matter After which also you have there pag. 70. the Excommunication before mentioned of the 12th of August intituled A Declaration of the Archbishops Bishops and other Prelates and Dignitaries of the Regular and Secular Clergy of the Kingdom of Ireland against the continuance of His Majesties authority in the Marquess of Ormond Lord Lieutenant of Ireland for the misgovernment of the Subject and the ill conduct of His Majesties Army and the violation of the Articles of Peace at Jamestown in the Convent of the Friers Minors the 12th of August 1650. That in this Title they assume unto themselves a power to declare against the continuance of His Majesties authority where he hath placed it needs no further proof than the reading of it But whence they derive their pretence to this power We find not any where expressed nor by whom they are constituted Judges of the misgovernment of the People the ill conduct of His Majesties Army or of the violation of the Articles of Peace For the misgovernment of the People and ill conduct of His Majesties Army We acknowledge no earthly competent Judge of Us but His Majesty and the established Laws And for the violation of the Articles of Peace by the consent even of all those Bishops unless there be gotten amongst them some that opposed the Peace and joined with those that assisted the English Rebels as long as they could give them hire the trust of looking to the observance of the Articles of Peace was reposed by the General Assembly with whom the Peace was concluded in Thomas Lord Viscount Dillon of Costelloe Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander mac Donnel Esq Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewall Baronet Geoffery Browne Donnogh O Callaghane Tirlagh O Neil Miles Reilly and Dr. Gerald Fennel Esquires as appears by the said Articles Whereby we suppose it is clear That as the Bishops have arrogated to themselves an unwarranted power to declare against the continuance of His Majesties authority where he hath placed it and to be Our Judges in the government of the People and conduct of the Army wherein VVe doubt whether their skill be answerable to their desire to try it so have they as unwarrantably taken upon them to judge what is or is not a violation of the Articles of Peace and in all they have endeavoured to invade and usurp both upon King and People bereaving the one of Royalty and the other of Freedom Now supposing they were the Monarchs they would be let the grounds of their Excommunication set forth in all that VVe have seen be duly examined and it will be found that their sentence is most unjust So that as their Tribunal is usurped their Judgment is erroneous VVe begin with the Preamble of the Declaration in these words Preamble of the Declaration THE Catholick People of Ireland in the year 1641. forced to take up Arms for the defence of Holy Religion their Lives and Liberties the Parliament of England having taken a resolution to extinguish the Catholick Faith and pluck up the Nation root and branch a powerful Army being prepared and designed to execute their black rage and cruel intention made a Peace and published the same 17th Jan. 1648 with James Lord Marquess of Ormond Commissioner to that effect from His Majesty or from His Royal Queen and Son Prince of Wales now Charles the Second thereby manifesting their Loyal thoughts to Royal Authority This Peace or Pacification being consented to by the Confederate Catholicks when His Majesty was in restraint and neither He or His Queen or the Prince of Wales in condition to send any supplies or relief to them when also the said Confederate Catholicks could have agreed with the Parliament of England upon as good or better conditions for Religion and the Lives Liberties and Estates of the People than were by the above Pacification obtained and thereby free themselves from the danger of any Invasion or War to be made upon them by the power of England where notwithstanding the Pacification with His Majesty they were to dispute and fight with their and His Enemies in the Three Kingdoms Let the world ●udge if this be not an undeniable argument of Loyalty The Peace being so concluded the Catholick Confederates came sincerely and chearfully under His Majesties authority in the person of the said Marquess of Ormond Lord Lieutenant of Ireland plentifully providing vast Sums of monies well nigh half a Million of English pounds besides several Magazines of Corn with a fair Train of Artillery great quantity of Powder Match Ammunition with other materials for War After His Excellency the Lord Lieutenant frustrating the expectation the Nation had of his Fidelity Gallantry and Ability became the Author of almost losing the whole Kingdom to God King and Nation Which he began by violating the Peace in many parts thereof as may be clearly evidenced and made good to the world ANSWER Concerning their motives of taking up Arms in the year 1641 We shall say nothing But since they begin so high with their Narrative as the year 1641 it will not be amiss to mind them That betwixt that and the year 1648 there was by Authority from His Majesty and Our Ministration several Cessations and at length a Peace concluded with the Confederate Roman-Catholicks in the year 1646 which Peace was shamefully and perfidiously violated by the instigation and contrivement of most part of these Archbishops Bishops Prelates and others of the Secular and Regular Clergy and that not in slight and strained particulars such as We are now charged with by them but by coming with Two powerful Armies before the City of Dublin upon no provocation from Us unless they esteemed the continuance of a Cessation for about Three years with them and the bringing them a Peace to their own doors such a provocation as deserved their bending their united power against Us leaving other parts that neither had nor would have Peace or Cessation with them unmolested and at liberty to waste their quarters whil'st they devoured Ours and sought Our ruine This as a particular blotting their name and memory with the everlasting infamy of Perfidy Ingratitude and undeniable Disloyalty they have reason to leap over in their Preamble least they should awaken the Curses of those multitudes of People who being seduced into so horrid a violation of Publick Faith by their impious allurements and hellish Excommunications are thereby become desolate Widows helpless Orphans and miserable Exiles from the place of their birth and sustenance True it is That His late Majesty and His now Majesty then Prince of Wales overcoming