one tittle or any one action hitherto alledg'd against me as such other than what is in effect and substance my Assertion or Vindication of the Supreme Temporal Sovereignty of the Crowns of these Kingdoms i. e. of their being in all Temporals and all Contingencies whatsoever independent from any but God alone and therefore in Temporals no way dependent from the Pope either by divine or humane right Whether any person may on such ground call in question the sincerity of my believing or professing as I ought all the undoubted Articles of the Roman-Catholick Faith 3. And seeing there was never yet any other matter not even by my greatest Persecutors at any time objected articled oâ— pretended against me beside that i. e. besides my former opposing the Nuncio's Censures and my later promoting the Remonstrance and my endeavours in both against the pretences of the Roman Bishops to the Crowns of England Ireland Scotland c Whether it may in any wise be said or thought by unbyassed learned men That I have given any real ground for the vile detraction of those who treat me every way as if I had been a desertor of the Church 4. Nay Whether considering first The nature of those two grand Controversies wherein I have so freely engaged against all the power of the Roman Court abroad and all the endeavours of the Nuncio's Party and Antiremonstrant Clergy at home secondly The most grievous manifold and continual persecutions I suffered in both Causes one while by Suspensions and Deprivations another while by Excommunications then by Imprisonment in a Forreign Countrey even as far off as Spain and then again by new Thunders of Ecclesiastical Censures and by scandalous Declarations and posting of my Name besides other frequent enterprizes on several occasions against both my Liberty and Life thirdly My continuing constant in both Causes even all along to this very day even also then and that not only once happening when I had no support in this World but my own Conscience of suffering i. e. my own certain knowledge of my suffering onely for Righteousness sake nay then also when some of my chiefest Adversaries laboured with all their powerful malice even here at London to compel me and spared not to speak openly that either they would compel me to renounce the Roman-Catholick Church and declare my self an Heretick or they would make me submit to the Roman Court in the latter of these two Causes viz. that of the Loyal Remonstrance it being the onely matter then prosecuted against me fourthly Their failing nevertheless to this present in obtaining their will of me in either the one or other Whether I say considering all this whereof besides many men I am sure the All-seeing God is witness it be not more likely That no kind of prejudice against the Roman-Catholick Faith or Church but a true and powerful zeal according to knowledge for the primitive Christian purity of both is it that hath set me against those opinions and practices flowing in the corruption of latter Ages from the Roman Court which have shaken Religion divided Christendom and brought a scandal upon Faith as if it were to be supported or advanced by the wrath and rage of men by Rebellion and Slaughter by Subversion of Government and Confusion of the World so making it a ground of jealousie to Magistrates and diverting peaceable and charitable Souls from that union which ought to be amongst the Disciples of Christ 5. Also whether it may not by rational men be at least charitably believed That I would not so often at several times and upon several occasions since first I engag'd in either Controversie especially in the last have refused many Preferments in my own Order have rejected many tempting proffers too even of Episcopal dignity in my own Countrey have also particularly and lately in the National Synod or Congregation held at Dublin anno 1666 and that in publick before all the Fathers refused to yield by any means to their pressing offer not only of all the best Commendatory Letters that could be drawn on Paper in my behalf both to His Holiness Himself who then was and the Cardinal Patron and the Congregation de Propaganda and all other Ministers of the Roman Court as many as were concern'd in the Affairs of Ireland but also of a yearly and very considerable Salary too by general Applotment amounting as they esteemed or computed it in Three years to Two thousand pound English money and in lieu of all these offers have deliberately chosen to run the manifest hazard of undergoing and accordingly since to have in very deed undergone all the vexatious infamy of Ecclesiastical Censures in my own Church Order and Countrey and all the further Evils not only of some at least consequential hardships but of many black Calumnies many bitter Reproaches yea and some yet more inhumane Machinations of cruel men even here in England these four last years since 1669 Whether I say it may not by rational men be and be at least charitably believed That I would not have rejected freely all those tempting offers and in lieu of them voluntarily chosen to lie under all these Sufferings for any thing less than the keeping a good Conscience and the preserving the honour of Christian Catholicism untainted at least in some Priests and Religious men of the Roman-Catholick Religion in these Nations and the justifying my self and those of my way the few Irish constant Remonstrants with such others who communicate with them Loyal Subjects to our Prince the King of England and the winning also for the good of Catholicks in general upon His Majesties Councils Parliaments and all good Protestant people by our peaceable Conversation and Faithfulness amidst all our Sufferings from every side notwithstanding any difference from the Protestant Church in some few Articles of Religion Whereas such other Church-men of the Roman Communion as by their practises or principles have formerly shewn themselves and still appear to continue Enemies to the Supreme Temporal Government of these Kingdoms may in all reason expect the severest Laws to be edg'd against them by Authority under which it will be sad to suffer as evil doers 6. Lastly Whether it had not been very much for the advantage of Roman-Catholicks in general and their Religion in this Monarchy That these last hundred years they had been indoctrinated onely and wholly guided as to their Consciences by such Roman-Catholick Priests and Church-men as are of my principles in relation to the Temporal Powers independence from Rome and the indispensable obedience of Subjects in Civil matters and both the injustice and invalidity or nullity of Ecclesiastical Censures pronounced against either Prince or People or Priests for maintaining these not onely Rational but Christian Principles or asserting any of all their necessary Antecedents Consequents or Concomitants And now my Lords Fathers and Gentlemen to your impartial judgment on all and each of these Queries I do with due
deny the King to be above His Parliament answer'd 46. and from thence to 53. Disparity shewn of one side between the Independency of the Royal Power from the Parliament and Dependency of the Papal from the Church and of the other between the Independency of a General Councils power from the Pope and the Dependency of the Parliaments from the King 50 51 52. The two last Paragraphs of their Paper at length concerning the Sixth Gallican or Sorbon Declaration which is against the pretended Infallibility of the Pope 53. In which two Paragraphs after first they had mistated the Question and after so many disguises and windings the sum of what the Congregation would say is That the foresaid Sixth Gallican Sorbon or Parisian Declaration viz. it denying the Infallibility of the Pope is impertinent odious unprofitable unfit to be disputed in Ireland relates to Jansenism is suspected to be under-hand furthered by some of that way and finally tends to the disturbance of both King and Countrey 52. This whole sum and every particular thereof answered in order from the said p. 53. to the last of the Treatise viz. p. 59. The five Propositions of Jansenius which are called Jansenism 77. Finally That to Father N.N. the Composer of the foresaid Paper of Reasons and by occasion of the very last words of that Paper viz. these to the disturbance of both King and Countrey the Procurator may answer what the Prophet Elias did to Achab Non ego turbavi Israel sed tu domus Patris tui qui dereliquistis mandata Domini sequuti estis Baalim Nay that the Catholick Church of Christ especially in Ireland as it comprises all both Ecclesiasticks and Laicks of either Sex hath already cause enough and will I fear have much more yet to say as well to him and the Congregation as to all other such preposterous Defenders of Her Interests what Jacob said to Simeon and Levi Turbastis me odiosum fecistis Chananaeis Pherezeis habitatoribus terrae hujus IMmediately after the end of the Fourth Treatise you may find the Fourteen Propositions * A further account of these Fourteen Propositions c. See Treatise I. Part II. pag. 752. of Father Peter Walsh or the Doctrine of Allegiance c. 80 81 82 83. WHat the Contents are of the First Appendix viz. the Kilkenny Book of Queries and Answers c you may easily guess by the Queries themselves in all Seven which are to be seen together Pag. 111. though falsely printed p. 11. which is immediately before the Preface OF the Contents of the next Appendix which in the Print is called by mistake the First Appendix but should be the Second and is indeed the Appendix containing Six Publick Instruments you need no Abridgment here because the very Title-page sufficiently gives one BVt of the Contents of the Third or last Appendix viz. the Marquess of Ormond Lord Lieutenant of Ireland His Letter c because that Letter contains One and thirty Leaves and a great variety of matters of highest importance viz. all the great differences and causes of them which happened 'twixt the Roman-Catholick Archbishops and Bishops nay and some refractory Cities and Towns in Ireland of one side and His Excellency on the other from the Conclusion of the later Peace or that of the year 1648 till His forc'd departure to France from Kilcolgan in the latter end of the year 1650. I have upon after-thoughts and for the greater satisfaction of the Reader given here some few and the more general Heads as followeth The cause why His Excellency writes against the Declaration and Excommunication of the Prelates at Jamestown Pag. 75. The obstinate Disobedience of the City of Waterford ib. By His Letters of the 27th of February 1649 S. V. He calls to Limmerick as many Bishops as were within any convenient distance ib. Eleven Proposals offered to His Excellency on the 13th of March 1649 S. V. as so many Remedies for removing the Discontents and Distrusts of the People and for advancing His Majesties service presented by such of the Clergy as met at Limmerick the 8th of March 1649. S. V. and the Commissioners of Trust 76 77 78. His Excellency finding no effect of their Promises but that the City of Limmerick continued in their refusal to receive a Garrison c. Adjourns that meeting from Limmerick to Loghreogh about the 19th of the said March whither also by His Letters He desires all the rest of the Bishops of the Kingdom to come promising to give them there an answer to their Paper of Remedies or Proposals 79. His Excellencies Answers in Ten Heads to the Proposals 79 80 81. A Declaration of the Bishops by way of Letter to His Excellency dated at Loghreogh 28th of March 1650 and Signed by John Archbishop of Tuam Walter Bishop of Clonfert Francis Bishop of Killala Robert Bishop of Cork and Cluam and Hugh Bishop of Kilmaduach 81 82. His Excellencies Reflections on this Letter And another meeting of all the Bishops together with the Commissioners of Trust besides divers others of the Nobility and many Gentlemen of Quality appointed by His Excellency to be held at the same Town of Loghreogh on the 25th of April then following 83. This Conventions Letter to His Excellency dated at Loghreogh ult April 1650 and Sign'd by Two and Twenty hands 84. His Excellencies Answer dated Loghreogh May 1. 1650. 85 86. The Conventions Reply by another Letter to His Excellency dated at Loghreogh May 2d 1650 and Sign'd by Eighteen Hands 87 By the reiterated professions of Loyalty and Obedience in all the precedent Letters his Excellency was induced to alter his purpose of quitting the Kingdom c. 88. Mayor of Limmerick's Letter the 12th of June 1650 to his Excellency inviting him thither to settle a Garrison And his Excellencies Answer with three particulars imparted by him to the Messengers that came from Limmerick 88 89. When upon the said invitation of the Mayors his Excellency came near to the City Gates the two Aldermen employed formerly to invite him thither were now sent out to let him know of a Tumult raised in the City by a Fryer one Father Woolfe * He was a Dominican and as it is said the very same man who in the year 1646 when the King's Herald at Arms even before the Mayor and Aldermen all standing by in their Formalities was proclaiming the Peace of that year raised a furious tumult of the Rascal-multitude and with them even himself also being in his Monastical Habit in the Head of them pelting a showre of stones at the Herald put an end to that Peace or rather obstructed all Peace in that City and by example of that strong City in the whole Kingdom and some others against his coming in Pag. 89. His Excellencies Letter of the 14th of June on this occasion to the Mayor in hope to bring the Corporation to a sense and performance of their duty ib. But
the Religion and Catholick Church pure undefiled immaculate without spot or wrinckle whereby to invite and perswade others to it for the salvation of their souls or certainly that they must allow salvation as they neither do nor can to be found in other Congregations or Churches either Heretical or Schismatical And further he minded them seriously insisting no less earnestly thereupon That no earthly regard none at all of temporal either advantages or disadvantages of honour profit ease much less of such vain titles and preferments as they look after nor on the other side any apprehension of disfavour discountenance danger persecution nor loss of goods if they had any nor even of liberty and life could excuse them from this duty That whether all their hopes of the King and his great Ministers of his Councils and Parliaments or of the moderate people of the Protestant Church upon one side should fail them having done their own duty and their pleas of innocence and articles both or whatever else-were of no account and all their both nearest and dearest Lay-relative Proprietors to a man were destroyed at home and themselves finally forced abroad again or design'd to suffer in their own Countrey the extreamest rigour of laws either made already or hereafter to be at any time or contingencies there or if on the other side they were absolutely certain being exiled to meet with no less severity and cruelty from the Court of Rome or an angry incensed Pope and from all Princes and Catholick Prelates and People too where-ever they came that even this certainty of such evils however in themselves or to any prudent man neither probable nor morally possible could not excuse them from this duty That the first Subscribers had supposed all the very worst could happen beyond all fear and yet found themselves bound to do what they did That they conceived their special function nay Christianity it self obliged them so in the case and others of the same calling could pretend no special priviledge from Christ or his Gospel or his Church whatever the Courtiers of Rome but at their instance and importunity and that of their busie ignorant Agents and Sollicitours there did erroneously complement them with And therefore the conclusion of all was that he understood not with what confidence or conscience but that of horrour and sacriledge and of being guilty of the body and blood of our Lord and of eating and drinking judgment to themselves as St. Paul speaks or their own condemnation they could persisting in their obstinacy approach the Altars of God and celebrate the Divine and unbloudy Mysteries With which final conclusion as with all the rest of this last discourse notwithstandieg the Procurator most frequently and earnestly and pathetically perclosed all his several answers to the several parties of the Clergy and to those too of greatest authority and power amongst them even Provincials Vicars General Bishops and Archbishops yet which is very notable he never had hereunto at any time or from any person of them all one word of reply but sighs only from some arguing a remorse and silence from the rest without any remorse at all if their past and after actions be sufficient testimonies of their affections XIV Now after so long a discontinuance of or digression from the bare matter of fact and without further consideration of the arguments of either side or of the allegations of the dissenters the refutations or reasons insisted on by the Procurator to return back thither where I was treating how upon the arrival of the said Procurator about the end of August 1662. he had by conferring at Dublin with several of the chief heads there peevishly adverss to the Remonstrance some alledging one excuse and some another and others many together of such as you have seen already above or before the answers partly understood the whole intrigue from those men and partly too from others who came to him from several parts of the Countrey abroad of purpose to let him know the general conspiracy either enter'd or submitted unto even by some of the best affected most loyal heretofore of both Secular and Regular Clergy throughout all parts of the Kingdom against that Remonstrance and himself also upon account thereof if he persisted in his resolution to draw them to it or not to work for them a liberty as they vainly conceived he could to frame another unsignificant one for themselves and prevail for the acceptance of such by His Grace and by His Majesty the Procurator fully therefore now understanding what he was to do resolves in the first place to attempt the breaking of that ligue so general the breaking of it immediatly by some Instances at Dublin the Metrapolitan City Whose Clergy and their example must especially in such a matter have had great influence on the rest in other parts of the Kingdom and certainly so much that if they residing in the very sight of the State and giving daily intelligence to the rest abroad or if at least some leading men of them could not be wrought upon to desert so sinful and shameful I will not say disloyal a confederacy there could be no hopes at all to prevail with any others In which attempt he was presently after some little pains taken so far succesful as to have reason'd to a subscription publick owning thereof the Guardian other Fathers of the Franciscan Convent in that City being in all five with them two of the Dominicans whereof one was the then Prior of Droghedah but residing at Dublin These were they that first of all others in Ireland at home next after Father Valentine Browne at Galway condemn'd by a clear and ever since constant profession and observance of their duty the rashness and sinfulness of that so general conspiracy against it Though I must confess that as many as after followed their example to this day have of themselves freely and heartily without compulsion or even other invitation then what was publick in the Book and Letters of the Procurator come along from several and some from very remote parts of the Kingdom to Dublin of purpose to subscribe that Instrument and thereby quiet their own conscience by declaring in that manner as they should and was expected from them their true allegiance to the Prince XV. But for as much as I doubt not there are very many both desirous and curious to know the number and names of all those of the Clergy Regular or Secular who have then or at any time since concurred for the number and names of the Subscribers at London of that Clergy together with the Bishop of Dromore I have already given with the Remonstrance it self in the beginning of this Treatise as they are extant in print and because it will be more satisfaction to give them altogether then dispersedly in several places as they signed at several times the Reader may satisfie himself here in both particulars
Thomas Makiernan c. and sent of purpose to procure the Protestation to be censured WE the vndernamed of both Clergies of Ireland finding our selves much traduced in forraign Nations as if we had been at least the mediat Authors of a certain writing printed at London 3. February 1661. the title whereof is The humble Remonstrance Acknowledgment Protestation and Petition of the Roman Catholick Clergie of Ireland exhibited to our most Serene King of Great Brittain Charles the Second by a certain Father Fr. Peter Walsh under the title of Procurator of both Clergies Secular and Regular which writing is said in a further Explication thereof set out likewise in Print by the same Father to have been sent him out of Ireland to London as from the Generality of the said Clergies to the end he might present it in their names to the King Therefore that it may appear publickly to the world how injuriously we suffer in this matter We do by this present Instrument make it known and signifie and in the word of Priests do holily swear that neither we nor any of vs have concurred to the making of the said Remonstrance Protestation c. or to the sending of it from Ireland to London nor finally to the presenting of it to the King nay not so much as to have seen heard or understand any thing of the said Remonstrance before it appeared in Ireland in the moneth of March last past And therefore do well know it hath been framed and forged by the said Author and his complices In witness whereof we have subscribed to this Instrument this day being the 24. of July 1662. XLI To return when the Procuratour heard their put off he told them first he understood well enough their purpose and thereupon shewed them a copy of this Instrument they had given the said Father Brady which he recieved a little before from some of their own in Vlster That he knew well enough who subscribed it as for that some of them were present there and who refused to subscribe it as for instance one by name Father Oliver Dese Vicar General of Meath and knew they perswaded the Vicars General to raise 6. pounds a Diocess for their Agents charges and this to worke sedition at home by the help of forraign Censures That besides much disloyaltie to the King and much malice to the Procuratour it contained manifest lyes Secondly he told them such an answer was worse then a plain denyal without any reason given for it Because it rendred by consequence any subscription of theirs at any time and to any Form unsignificant as to any kind of assurance of their loyaltie or Faith to the King For upon the same grounds they would refuse to sign at Easter if such a Censure came by that time they might and should and would questionless retract their signature whenever there came any Censure from beyond Seas especially from His Holiness And then to what purpose any Form at all or any subscription from men so principled or so resolved nay to what other intent was the Remonstrance of 61. but to assure the King against such danger or what use could be or was intended to be made of it for the advantage of the Roman Catholicks of Ireland or what to perswade the Kings Councils Parliaments or other Protestants to be more favourable to them hereafter if not upon this account only That His Majestie could in all contingencies whatsoever be sure of such as would subscribe it But all this and what ever more he said then and in those three whole dayes and nights he stayed with them and very much he said in that time even also upon grounds of humane prudence and of both the present and past condition of their Country and people of their religion in it and of their own late carriadge in the Warres was to no more purpose then to wash the Blackamore Only he prevailed and this only too in private with the Provincial Father Docharty to give him two letters written all along with his own hand and subscribed by him The first was licencing those of his own Order such as would to subscribe the Remonstrance even that I mean so much controverted For the Procuratour objected to him and it was very true that he had partly by himself immediately in his visits of the Convents and partly by others deputed by him as Commissaries to visit where he would not goe himself commanded the respective local both Superiours and Inferiours not to subscribe that Remonstrance And for instance that himself personally visiting those of Trim enjoyn'd the Guardian of that place Father Patrick Wesly and that too under paine of Excommunication not to subscribe And his Commissary to some of the Convents of Leinster Father Antony Darcy enjoyn'd the same to those of Wexford though not under the same penalty The second letter was to my Lord Duke as from himself alone and containing his own private approbation of and concurrence to the said Remonstrance even as to every part clause word and even too in the true obvious and whole genuine sense of the Author whom he supposed to be the Procuratour himself because it goes commonly in his name And here you have his second letter at length copied verbatim out of the original May it please your Grace HAving recieved from the Reverend Bearer full satisfaction in all particulars relating to the late Remonstrance and Protestation so graciously accepted by his Majestie and haveing further known by him your Graces expectation of a more general concurrence from the rest of the Irish Clergie to the said Protestation and considering moreover that the said Protestation containes nothing but the dutie of a Catholick Subject to his most Sacred Majestie though of a different Religion from that professed in the Roman Church I found myself bound in conscience by the laws of God and dictates of natural reason to concurre as I do by these lines under my hand and most heartily from my very Soul with the rest who have already signed to approve of and own all and every particular of the said humble Remonstrance Acknowledgment Protestation and Petition presented to His Majestie at London and to your Grace by Father Peter Walsh in the name or behalf of the Roman Catholick Clergie of Ireland Yet my Lord forasmuch as I am tyed by my charge and Rule to take suddenly a Iourney to Rome as likewise Father Fitz Simons Guardian of the Franciscans of Dublin is your Grace will I hope excuse me for the reasons which I have intrusted the Bearer withal not to sign or subscribe my name in the common paper with the rest until I turn back if it be Gods pleasure that I return safe And will give me leave I hâ—pe likewise to beg this further favour thâ—â— this letter appear not against me nor my name in Print until that time unless peradventure that Father Walsh get the concurrence of all other hands or of such of
his power and authority And we know there may be many other pretended grounds powers authorities However these matters be I declare first It was not the homeness of the Irish Formulary against the Pope but rather defect of that full and perfect and unavoidable undistinguishable homeness thereof that troubled me Though withall how defective or unhome soever it may be said by some to be against the Pope and Church or for the King and Civil Magistracy yet no man will deny now but that the Roman Court esteems it too too home and full against their Interests and Papal Usurpations Secondly That had I been at first consulted with as to the framing or fixing on a Formulary of Allegiance to the King neither King nor Council nor Parliament or House of Commons nor other Protestant Subject or not Subject whatsoever should have any ground left for excepting against the shortness or defectiveness of it as to any point controverted hitherto in that which relates to indispensable Allegiance in all Temporal things whatsoever or to its being open to Evasions or lyable to any kind of Quibbles not even to that of the reduplicative or specificative sense Thirdly That nevertheless I should not have been moved hereunto out of other respect than that of redeeming the Roman-Catholicks from the severity of the Laws against them hitherto these 100 years And I mean that of redeeming them only by a Declaration of their future fidelity and obedience in all Civil and Temporal matters so full clear and positive as would be answerable in all points to their so long consultation about such a one this whole entire Age past wherein they have declined first the Oath of Supremacy next that of Allegiance and by their demurs on both rendred themselves not only obnoxious to so many Laws but also to so many jealousies and suspitions of their Loyalty to the Crown and Kingdom of England Ireland c. as if they inclined to the vain pretences of Forreign powers And what I pray you will judicious learned Protestants say or rather what will they not say now when they cannot but understand how the said Catholicks oppose now again even a very cautious Declaration of bare and meer Allegiance in Civil things only and such a Declaration too I mean as was framed not by any Protestant but by themselves Or will not such Protestants as please have hence a very specious and probable ground to alledge in Parliament and plead there openly against the comprehension of Papists in any Act of Indulgence to Tender Consciences should there be any such And to alledge and plead I say A manifest inconsistence betwixt the safety of a Protestant Prince or State and the Repeal of Laws heretofore made against People so principled or any absolute liberty or freedom of exercise of Religion to them whose Religion appears by so many Arguments to be destructive to the very fundamentals of any Civil State especially Protestant because denying still to acknowledge as much as the very essence of such a State this essence if not consisting in at least requiring for one part of its essentials to be absolutely Sovereign or Supreme and Independent from any but God alone in all Temporal and Civil things And may not consequently the same Protestants plead That such Roman-Catholicks as peremptorily refuse to acknowledge that absolute Sovereignty or Supremacy and Independency in such a form of Declaration or Oath as cannot be lyable to any Evasions in any kind of Contingency whaâ—soever have no Title at all to His MAJESTIES gracious promises in His Letters from Breda for Indulgence to be given to all Tender Consciences that hold not Principles destructive to the fundamentals of Government For surely if any Opinions be destructive to such fundamentals those of the said Roman-Catholicks or of such Roman-Catholicks I mean as hold them must be of necessity Let any one therefore judge now with what sincerity or knowledge or truth the foresaid Internuncio Hierom de Vecchiis writ as you have seen to Father Bonaventure Brodin That the Valesian Formulary is it which may do more hurt and mischief to the Church of God than all the foreacted persecution of Hereticks And judge you Reader whom he understands here by Hereticks What by the Church of God What by hurt or mischief or ruine to that Church But blessed be God we are not so mad yet as to confine the Church of God to the walls of Rome or Papal and Cardinalitial Consistory or to the small number of men wherever diffused that either out of ambitious flattery or cowardly fear or ignorance or other respect whatsoever maintain the Papal Usurpations over Church or State asserting them so in plain contradiction both to Scripture Tradition Fathers Canons and practice too of the Catholick Church and not only to natural reason Nor yet so mad as to think that whatever hurts annoys or ruines the wicked Usurpations or unjust worldly Emoluments of such men must be esteemed any way truly hurtful to the Church of God and not rather on the other side both highly and truly advantagious and profitable Nor further yet so mad as to hold all those for Hereticks whom the Roman Ministers Tribunals or even many of their Popes even or also Boniface the VIII himself held for such No nor yet so mad as to esteem that to have been a persecution in the bad sense of this word which was a just prosecution of so many Emissaries sent heretofore from Rome of meer and set purpose to overthrow both King and Kingdom here by plotting and raising or endeavouring to raise even bloody horrid Rebellions of Subjects against both that I may say nothing now of the Invasion of Eighty Eight against Queen Elizabeth or the Powder-plot Treason after against King James and both His Houses of Parliament or of the late Rebellion in Ireland in our own dayes and year 1641. Nor finally so mad as to account the Remonstrants a Sect in the bad sense of this word albeit de Vecchiis would fain have them reputed such not only by Nicknaming them Valesians but also by joyning them in a comparative manner with those he expresly calls Hereticks For certainly it is meer madness either of blind ignorance or extreme malice that should make any to esteem the Teachers of fidelity and obedience in all Temporal things to a lawful King of what Religion soever to be therefore a Sect in the bad sense of this word Although in the Etymological sense generically taken or in any innocent thereof and in opposition to the present Roman Court its Partisans in the grand Controversie and in that or like good sense consequently whether generical or specifical wherein St. Paul confessed himself to be of the Sect of Pharisees in the point of Resurrection the Remonstrants confess themselves a Sect and glory in being so But the Internuncio gains nothing hereby if not that himself and his Associates how great or numerous soever be really in the worst sense
Kilfinuran On the xviii a third Message to the Congregation Burk and Fogerty on the xx present a second Petition to the Lord Lieutenant with a Paper of Reasons why the Fathers would not sign the other three Sorbon Declarations as applied c. The Lord Lieutenant's Answer being reported they or at least the chief of them are startled desire more time to sit and deliberate obtain it and yet conclude at last in the Negative Dr. Daly's exception Letter to them from the Subscribers of the first Remonstrance On the xxv their last sitting was Wherein the Procurator tells them first of the Lord Lieutenant's positive Commands to dissolve Next contradicts the relation of Ardagh Then refuses their offer both of Money and commendatory Letters In the fourth place gives a large account of the famed wonder-working Priest James Finachty Lastly moves for and procures their condemnation of two Books the one of C. M. the Jesuite and the other of R. F. the Cappuccin Some other passages relating to the Lord Lieutenant and Bishops which happen'd immediately after the Congregation was dissolv'd The Procurator's judgment of this Congregation leading Members thereof and of their several interests and ends After their dissolution the Doctrine of Allegiance in fifteen several Propositions debated for a whole Month by a Select number of Divines A Paper of Animadversions given to the Lord Lieutenant and his Graces commands laid on the Procurator I. IN September 1665. the Duke of Ormond then Lord Lieutenant of Ireland having landed at Waterford passed to Kilkenny and there continuing some Weeks Father Patrick Maginn one of Her Majesties Chaplains who had from England as I noted before waited on his Grace to take that good opportunity of crossing the Sea safely came from Kilkenny to Dublin some Weeks before his Grace but in order to a further Journey to see his Friends in the North of Ireland Being come to Dublin and the Procurator Father Peter Walsh who was about that time also landed from Holy-head giving him a visit for their acquaintance and some small friendship lately before contracted in England Father Patrick offered his own endeavours to work his Countreymen of the North to a Subscription of the Remonstrance hoping thereby to make them and consequently the rest of the Roman-Catholick Irish more capable of His Majesties future Favours and abate somewhat of the rigour of the Court of Claims pursuing the new Explanatory Act which the Lord Lieutenant had then brought with him from the King and Council of England to pass in this Parliament of Ireland In particular he promised to persuade his own Brother Ronan Maginn a Priest Doctor of Divinity bred in Italy and then by a Roman Bull or Papal Dean of Dromore to subscribe and that him and Dr. Patrick Daly Vicar-General of Ardmagh and under the Archbishop Edmund Reilly a banish'd man living then in France Judge Delegate of that whole Province he would bring to Dublin to confer with the Procurator in order to a general Subscription Pursuant to his promise Father Patrick being immediately departed to the North persuades Dr. Daly to come to Dublin as likewise he brought in his own company his Brother Ronan And indeed Ronan after some Weeks conference with the Procurator and study of such Books as he had from him especially Father Caron's Remonstrantia Hibernorum at last having fully satisfied his own judgment did both freely and heartily Subscribe But for Dr. Daly he was still where he formerly was viz. at the desires of a National Synod or Congregation before he could resolve See the First Part Sect. IX pag. 27. num 16. and Sect. X. pag. 40. num 16. and Sect. XVI pag. 48. near the bottom where you have not only those desires of a National Congregation urg'd anno 1662. by the Bishop of Meath by the Vicar Apostolical of Dublin and some other such Vicars too from several parts of Ireland but also in the above page 40 and page 50. the Procurator's answer at large shewing the unreasonableness of those desires then However now or in the year 1665. the Procurator seeing no remedy i. e. no other way to cure their obstinacy thought fit at last to try this by condescending to their demand What reasons induced him now to yield herein more than before were these 1. That the Primate of Ardmagh Edmund Reilly and the Bishop of Ferns Nicholas French such leading men especially the one in the North and the other in Leinster if not all over Ireland seemâ—d by their frequent Letters from beyond Seas to the Procurator desirous to come home upon any reasonable account and submission also to His Majesty and to the Lord Lieutenant for past offences in the time of War and not to disallow but rather allow of the Remonstrance and not they alone but also the Bishop of Kilfinuran 2. That now His Majesty having been engaged in a War both with Holland and France some of the discontented Irish had been tampering with France for creating new Troubles in Ireland either by an Invasion or Insurrection or rather both and that the exiled Bishops if returned home although on pretence only of such a Congregation their very coming home so whatever otherwise they intended really would much weaken and discountenance any such either hostile or rebellious design being the end of such a Meeting was generally and evidently known out of the very Letters of Indiction to be no other than to assure the King of their indispensable fidelity in all cases and after-times 3. That the doctrine of the Remonstrance and good opinion of that Formulary had even at home in Ireland many more Favourers and Abettors now in 1665. than it had some three years before many even learned and pious Churchmen out of several parts of Ireland though not called upon having since that time come of purpose freely and affectionately to Dublin to sign it besides those of the Nobility and Gentry and some others too of the Commons as you may see page 47. 95. and 99. of the First Part of this First Treatise where also page 13. you may see the Bishop of Ardagh then in 1665. at home in Ireland approving it under his hand from Seez in France Dec. 2. 1662. in his Letter to Sir Nicholas Plunket and page 93. Father Antony Docharty Minister Provincial of the Franciscan Order in Ireland likewise under his own hand to the Lord Lieutenant concurring to it 4. That by this time the Procurator himself who chiefly promoted that work had as by many others endeavours so in a special manner by his then late Reply to the Person of Quality not onely endeared himself to the Nation in general but even to many of his former opposers amongst them and much confounded the most malicious and inveterate of those who were his old profess'd enemies upon the Nuncio's account or that of his writings and actings against the Nuncio and Owen O Neill's party 5. That in all likelihood if the Congregation were held
great horror as to this point of Subjects murthering their Kings which yet they do not really if their above reservations principles explications and all due circumstances above likewise intimated for some part and the wary placing of their words here be as they ought seriously examined The words expressing their seeming but very milde condemnation are placed thus Much less can we allow of or pass as tollerable any doctrine that perniciously and against the Word of God maintains that any private Subject may lawfully kill the Anointed of God his Prince Where in the first place it is to be observed that besides other changes of the clause in the Protestation of 61. relating particularly to this matter and which you have there in this absolute tenor And hold it impious and against the Word of God to maintain that any private Subject may kill and murther the anointed of God his Prince though of different belief and religion from his These later Protestors omit these last words though of different belief and religion from his Words without question as material in our case as any if not more then any of the former the religious pretences of the lawfulness of killing Princes and other circumstances being duely weighed In the next place the words private Subject and the other words Anointed of God his Prince as well severally as joyntly taken and I mean as in this last Remonstrance or this of the congregation of 66. though not as in the former of 61. are to be considered as no way comprehending in the present case dispute and circumstances and proceeding from such unwilling minds and equivocating subscribers any person that shall pretend himself to be no more a Subject no more a privat person but a publick Minister of the Pope or people executing the sentence of either against a deposed deprived un-anointed or dis-anointed or excommunicated Prince no more in such cases the anointed of God no more a Prince but in the opinion which they refused to condemn or decline a tyrant by title or administration or both Lastly t is to be observed that however these late subscribers of the said congregation of 66. expound or understand the foresaid words private Subject the Anointed of God his Prince yet the whole proposition as it lies and the verb maintains as it is therein determined affected or restrained from its more general signification by those other immediatly antecedent words which perniciously and against the word of God and consequently as that proposition is not absolute but modal as logicians speak imports not by necessary construction that every or any doctrine which maintains that any privat Subject may lawfully kill or murther the Anointed of God his Prince is pernicious and against the word of God For it only disallowes that Doctrine which perniciously and against the word of God to witt in some cases maintains c. and leaves the subscribers at liberty to approve of the same Doctrine in other cases wherein notwithstanding any words here they may say it does not perniciously nor against the word of God maintain that killing or murthering And they may instance the case wherein he is or may be deposed deprived excommunicated or a declared or publickly known tyrannical Administrator Governor or oppressor of the people against Justice So that the whole contexture of that proposition seems framed of purpose to equivocat and say nothing to any other purpose Which further yet may appear out of their double sense of the word Lawfully by them inserted Which in relation to themselves or others they will expound when they please of the Law of the Land onely And they will easily and without equivocation or mental reservation grant that in all cases whatsoever its unlawful by the Law of the Land to murther or kill the Prince But they do not as yet say it is so by or according to the laws of God and nature which are above the laws of the land So that it were necessary for them to speak plainly and expresly acccording to these last clauses if they would be understood to declare home as much as to this very point alone since they have not done so yet to any other And hence and out of all hitherto observed the two remaining clauses or parts of their Remonstrance appear to signifie a meer nothing as they proceed from them in this Remonstrance and relate as they must to their sense in all the foregoing parts Wherefore say they pursuant to the deep apprehension we have of the abomination and sad consequences of such practice we do engage our selves to discover unto your Majesty or some of your Ministers any attempt of that kind conspiracy or rebellion against your Majesties person Crown or Royal Authority that comes to our knowledge In case the Subscribers knew that the Catholicks of Ireland were now prudently resolved as having a good strong back to rebel or take Armes to morrow not only after a sentence of deposition of Charles the second pronounced by the Pope or a censure of Excommunication issued from his Holiness by virtue of which censure or under which penalty he would enjoyn all Irish Catholicks to joyn together not of purpose or primarily against the King or against His Crown Person or Authority or not of purpose to kill or murther Him or not as much as to de-throne or un-un-king Him but to restore themselves to their antient possessions or unto their both Temporal and Spiritual rights their lands and Religion and relieve themselves from the publick general oppression they complain of as pretended to proceed only from his great Ministers Councils and Parliaments not from himself but also without any such previous sentences or censures these subscribers notwithstanding this engagement and even without any breach of it I say according to their own sense both here and all along in their Remonstrance may nevertheless conceal such their Countrymens design And for the cases of deposition or excommunication as above there can be no manner of doubt they reserve still notwithstanding the words of this engagement as they understand them that liberty to themselves for at least in these cases and according to the opinions these men refuse to disown expresly cleerly or even virtually or equivalently in other words and which they refuse to disown so under their hands writing there would be no Rebellion against Majestie Crown or Authority Royal belonging to Charles over them And consequently neither if these subscribers should know certainly the final or primary design were to beâ—eâ—ve the King of His life would they find themselves bound by the tenor of this engagement or any other clause in their Remonstrance to reveal it at least I say after such previous sentences of deposition deprivation and excommunication or after the right of the Crown were pretended and known to be given for the good of Catholick Religion to an other Prince The reduplicative and specificative senses wherein the chief decliners of the former
this Kingdom and in that particular too that the Pope could not depose Bishops in Ireland against the same Canons for that their third allegation I say it appears already out of all hiterto said to be even as to both branches of this fourth proposition or in relation to the said branches more than positively more than abundantly false especially if we understand by the Kings authority rights c. what honest men without Sophistry understand For if we do not the allegation must be to no purpose though it should relate only to the first branch as appears manifestly out of what is before said to their first and second allegation And for the second branch or part of the said fourth proposition they have not as much as any kind of colour to say that in their Remonstrance or three first Propositions they have as much as glanced at it Which the Reader may see with his own eyes and of himself without any further proof of mine conclude evidently by comparing together this fourth Proposition and their said three former Propositions and Remonstrance What ground then had they for this third Sophistical allegation of a more positiveness I confess that notwithstanding I have read and read again ten times over and over their said Remonstrance and three Propositions signed by them and compared both to this fourth I see none at all but that very vnsignificant and sorry one which is by a little inconsiderable change of the first Proposition which the Congregation was absolutly necessitated unto if they would not be convinced by every Soul that knew their former actions of a manifest untruth and lye For the first Proposition of Sorbone declaring in the second part that the said Faculty had always or at all times thitherto resisted or opposed even such as attributed to the Pope as much as an indirect authority or an indirect authority alone over the temporals of the most Christian King it is manifest our Congregation could not imitate Sorbone as to that part or I mean for what concerned the time past or could not have said as those of that Faculty did in these words immo semper obstitisse Pacultatem eriant ijs qui indirectam tantummodo voluerunt esse illum authoritatem Which was the reason that forced them to change the Precerpâ—â— perfect tense of the infinitive moode which tense the Sorbonists did and justy could make use of as they framed that first Proposition and change it to the future tense of the Indicative moode and put it into this form we promise that we shall still oppose them who shall assert any power either direct or indirect over him in Civil and temporal affairs Now what more positiveness hath this of the future tense argued I would fain know of any man And other argument than this sorry though necessary change I see none if not peradventure the words natural and just added to obedience in the third Proposition Epithets not made use of here by Sorbone be not thought by Father N. N. to be arguments of more positiveness But if he do and shew himself herein less than a Sophister every understanding man can tell him presently that where Sorbone sayes and declares in the said third Proposition their doctrine to be quod Subditi fidem et obedientiam Regi Chriâ—â—tae nissim it a debent ut ab ijs nullo praetextu dispensari possint it was needless to add those or any other Epithets to that faith and obedience which they profess there to be so due from his own Subjects to the most Christian King that under no pretext soever they may be dispensed with therein For certainly every man knowes there is no faith or obedience due from them to him but natural and just as neither can be from us to our own King So that albeit those Epithets be good yet they and nothing to the French proposition much less more positiveness in the declaration And whither the word faith which the Sorboniâ—â— have in this their third Proposition and yet is omitted in the same by our Congregation whither purposely or not I know not certainly do argue a less positiveness of less â—ye or obligation I leave it to others to determine Having done with their second Paragraph we are now come to their third Which I give likewise at length and in then own words As to the 5th they mean the 5th Sorbone Proposition as here in terminis that it is noe the doctrine of the Faculty but applied to the Congregation That it is not our doctrine that the Pope is above the general Couneâ— We thought it likewise not material to our affaire to talke of a School-question of Divinity controverted in all Catholick Vniversities of the world whether the Pope be above general Councils or no whether he can annul the Acts of a general Council or no dissolve the general Council or whither contrary-wise the Council can depose the Pope c. Secondly we conceive it not onely impertinent but dangerous in its consequence and unseasonable to talke of a question which without any profit either to the King or his Subjects may breed jealousy between the King and his Subjects or may give the least overture to such odious and horrid disputes concerning the power of Kings and Common-wealths as our late sad experience hath taught us Where I observe two Specifical reasons and no more given by them for the applicableness to their present purpose here of their above first general pretence The first is that whether the Pope be above a general Council or no is disputed in all Catholick Vniversities The second that their subscription to the fifth Proposition of Paris or to their resolve on this question would give others to understand it must consequently follow it is not their doctrine that the King is above the Parliament It seems they were put to very narrow shifts when they stuffed their Paper with such weak arguments But the illness of the cause afforded them no better and their resolution not to subscibe having been so unalterable as it was they must have pretended the most specious they could not certainly out of any hope to render by such pretences their obstinacie excusable with any judicious knowing men much less to impose on the Lord Lieutenant for whose immediat satisfaction they would have others believe these reasons and arguments were so digested but for a quite other design which was to abuse the multitude or vulgar by pretences of reasons and arguments whereof the common People could not understand the weakness whom therefore I have thought paines-worthy to disabuse by these following answers And first to their first argument which sayeth it is disputed in all Catholick Vniversities whether the Pope be above a general Council or not and therefore concludes the immaterialness and impertinency of their subscription to that 5th of Paris or to this It is not our doctrine that the Pope is above a general Council it is answered That those of
Catholick faith and Christian Religion That all the Catholick Vniversities of France which are Eight in number and many more which are in Poland Germanie State of Venice c. do not otherwise controvert this proposition For they hold it positively for certain and undeniable ever since the Council of Constance that a general Council is above the Pope That finally not so many Catholick Vniversities alone maintain this maxime but even the whole Gallican Church nor the whole Gallican Church alone but the Vniversal or Catholick Church in its latitude and by its lawful Representatives even in two general Councils that of Constance I mean about 300 years since and that of Basile immediately after or within 12 years after have amongst their Canons defined this to be a catholick truth All which joyntly with what is said before in this matter if the congregation had seriously considered it is like they would have declined their vain pretence of a School question of Divinity controverted in all catholick Vniversities of the world as they speake What more I have to say on this Subject of that 5th proposition abstractedly in it self considered though by occasion of the said first unreasonable reason of the Congregation or of their absolute refusal to subscribe it upon this or any other ground whatsoever they know best what that ground was will more conveniently be said in a distinct Treatise which will be the 5th in order of this work and followes immediatly after my answers to their allegations for not signing the sixth and laâ—â— proposition and after some few more additional propositions of my own added there Secondly or to their second specifical reason whereby they labour to prove the Subscription of this 5th proposition to be not onely impertinent in it self but dangerous in its consequents and unseasonable c Its answered that indeed to take of any question so as this talke in all the circumstances of it without any profit quiet or other good to the King or his Subjects should be thought in â—ight reason to be a cause of breeding new jealousies or renewing the old between the King and his people or of giving the least overture to such odious and horrid disputâ— concerning the power of Kings and Common-wealths as our late experience hath taught us would be now unseasonable though not therefore nor at all impertinent That nevertheless to talke of this specifical or particular question whether the Pope be above the general Council and talke of it now or in this present conjuncture in Ireland and talke of it so as the Congregation might and should and as expected from them or talke of iâ— so as their talke would be to those good and rational ends of bringing dissentors of their country and Religion to a free conscientious and vnanimous subscription of the negative and of thereby obstructing much occasion of new troubles and further of rooting out the seeds of Rebellion from amongst the Roman-catholick Clergie of Ireland on pretence of Papal decrees alone or letters from the Court of Rome that I say to talke of this specifical or individual question and talke of it in this manner or to these or other such good ends and in that Congregation would not be to talke of a question either impertinent in it self or dangerous in its consequents or unseasonable in any kind of respect either of the matter persons time Prince or other people but on the contrary most pertinent safe and seasonable and bringing a long with it naturally much profit both to King and Subjects because much peace and quiet by setling a truth so necessary and of so great importance against a sly error of so pernicious destructive consequence as is the contrary position That if from such talke of this specifical or particular question in such manner to such ends and in such a Congregation any should either out of ignorance or malice fall into such odious and horrid disputes concerning the power of Kings and Common-wealths as our late sad experience hath taught us it could not therefore be dangerous to give in such an occasion to such disputes so little overture as talke so qualified can be rationally thought by any indifferent man to give being this overture at most and worst could not be to other than the speculative part onely of those other odious and horrid disputes but not by any means to the practical at least for the present in that Congregation or Catholick Clergie of Ireland whom that Congregation represented and commanded That in giving so little overture to that speculation or speculative part onely of that other question and giving such overture not at all necessarily but accidentally and onely out of the biass and malice or ignorance of some of themselves both which themselves too partly and partly others also as was offered might and would easily rectifie if they pleased there could be no danger at all as to the Roman Catholick Clergie of Ireland or as from them But that in relation to others of the Monarchy of great Brittain who of late or in the late Warrs engaged themselves practically or in the practical part of those other odious and horrid disputes it is nothing this Congregation could say or unsay on that point or any other would engage anew or disengage them That Sorbone and the whole Gallican Church and the French King himself and his Council who all maintain without contradiction as even do his very Parliaments nay his general Assemblies of all the three estates of that Kingdom the most absolute Soveraignty of the French Monarch over all his people even collectively taken in what assembly soever the most independent from them or from any els but God alone can be desired in pursuance of that other tenet they all hold in the said Gallican Church of the Kings power to be given him immediatly by God alone as by the onely efficient of it that I say that learned subtile Faculty Church Prince or people never found that impertinency or danger or unseasonableness in the subscription of Sorbone to the said Proposition But on the other side much pertinency and safety and seasonableness towards the perpetual establishment of that absolute independent power in their King whereof they are jealous as of the apple of their eye and I fear much more incomparably than most Fathers of the Congregation were of the like in their own King if not to deny it him That as these good Fathers declared publickly in their said Congregation and privatly one to another the precedent of Sorbone was enough to secure them in their subscription of the three first Propositions nay and of all for this too they said so they might and ought for the same reason perswade themselves effectually no less at least of the pertinency and safety and seasonableness of their subscription to this 5th also than of the Catholickness and lawfulness of it That further yet or even abstracting as well from all precedents as from
all ignorance malice and other preoccupation whatsoever nay and from their subscription too the Fathers will find it a very hard taske to shew I say not impertinency for this I am sure they can not after what is said before with any colour insist on any longer but any such danger in the consequence of this Proposition It is not our doctrine that the Pope is above a general Council or of this simply The Pope is not above a general Council or of this other as simple which yet is the same in effect A general Council is above the Pope That such Divines of either Greek or Latin Church either Catholick or not as affirm the Papacie or Papal authority as such or as allowed either by those Canons which in opposition to others or by way of excellency are commonly stiled Canones Vniversalis Ecclesiae or as approved even by those other Canons which are properly and onely Papal Canons and are those of the Western-Church whether all or how many of them received generally in the Western-Church or not it matters not at this time that such Divines I say of either Church Greek or Latin as affirm this Papal authority over all other Churches in the world to be onely at the utmost and immediatly such by ecclesiastical and human institution of the Church not by any of Christ otherwise then by his approbation and ratification above in Heaven of what the Church long after his Ascension had here on earth ordained will find no kind of difficulty to shew the inconsequence of the Parliament's being above the King if a general Council be above the Pope First Because the power of a general Council truely such representing the Catholick diffusive Church is by all sides confessed to be originally and immediatly de jure divino or by the immediat institution of Iesus Christ himself whether in that passage of the Gospel dic Ecclesiae or in some other Secondly Because this power is unalterable undiminishable unsubjectable even by the Council it self to any other without a new revealed command from God himself which hath not been hitherto And therefore and out of that very passage of Mathew Dic Ecclesiae must be above the Pope being the Pope can not deny himself to be one of the faithful brethren and being all faithful brethren without exception of any are commanded by Christ himself in that passage of Mathew to be under pain of Excommunication obedient to the sentence of the Church in case they be accused or charged with any guilt before it Thirdly Because on the other side the power of Parliaments is by them not onely denied to be originally or immediatly either jure divino or humano over all persons whatsoever of the respective hereditary Kingdoms if we include the Prince amongst such persons but as such denied also to have been as much as in after times introduced by any allowance or Custom approved either by God or man Prince or people themselves Fourthly Because the very same divines assert constantly the power of supream or soveraign temporal Princes or Kings at least hereditary such as our King is and of which consequently the present dispute is to be jure divino or to be given them from God himself immediatly not from or by the people Or if these divines or any of them allow it has been originally and immediatly from the people at first even as from an efficient cause yet withal maintain that the people also did originally and immediatly so transferr the whole supream power from themselves even in all contingencies whatsoever that it must be ever after irrevocable by them Alleaging for proof that the Scriptures are so clear for the Subjection and obedience of the people even to had tyrannical Kings and not for fear alone but for conscience And further alleaging that there is no tribunal of the people and consequently there is no Parliament appointed by the law of God as neither by the laws of man or nature not even in the most extraordinary cases against their Prince or against any other offending besides that erected by the Princes power Whereunto certainly he never subjects himself so as to give the people or Parliament a supream power above his ownself or a power of superiority or jurisdiction over himself and coercion of himself though he some times bind himself and limit in some cases his own power but by his own power and will alone not by any inherent in the people And who sees not in this doctrine the great and cleer and evident inconsequence of this argument The Pope is not above a general Council Therefore the King is 〈◊〉 above his Parliament Or therefore whoever subscribes that antecedent gives an overture to those late horrid disputes Would not these divines rationally say upon their own grounds this were not to argue à simili but à dissimili Would not they tell you presently what the six hundred Catholick Bishops convened in the 4th general Council that of Calcedon I mean declared in their 27th Canon albeit some great and even holy Bishops of Rome complained of it grieviously that it was the Fathers that gave the priviledges to the Bishop of ancient Rome and that it was therefore they gave such priviledges to him because ancient Rome was then the Seat of the Empire That by consequence the Papacie and power thereof as such must be acknowledged to be as instituted by the Church onely at first so till the last to be dependent subordinate and under the power of the same Church because this power of the Church is for ever unchangeable while the world continues as having been given to it by Christ himself when upon earth And therefore the Pope cannot be above but under a general Council being it is either of all sides confessed the whole power of the Church is in a general Council truely such of it must be so at least in their grounds whether any els confess or oppose it And would not they further tell you the case is quite contrary in that of King and Parliament That first there is no such thing by divine immediate institution or by that of Christ or God immediatly as a Parliament or a power thereof That neither by the mediat institution of God that is by the laws of man there is any such thing or power at least in hereditary Kingdoms which may stand in opposition to the power of Kings Nor any at all in or without such opposition but what they derive originally immediatly and solely from the pleasure of Kings at least and as I mean still in hereditary Kingdoms That secondly or in the next place the power of Kings at least hereditary Soveraign and Supream is immediatly originally and onely from God himself Or if at first any way from the people yet so from them that after their institution translation and submission hoc ipso they must be so absolute and independent that they do not acknowledge nor any way have
indeed any but God alone above them in temporal affairs as the very Fathers too of the Congregation avow by their own subscription of the 2d of those Propositions of Sorbone if they will have that subscription and Proposition taken in the plain obvious and honest sense and further yet is such and by reason too and Scriptures plain and cleer enough demonstrated to be such that every person in their respective kingdoms is subject to them And consequently all Parliament men however convened together as being not in any consideration or quallity soever exempt from that general command of God by the Apostle Paul 13th Romans Omnis anima potestatibus sublimioribus subditasit And now if in this doctrine and pursuant to it of those Divines whether Greek or Latin the Fathers of the Congregation such of them at least as are understanding and knowing men see not the great and cleer and evident inconsequence of that argument of theirs which is their second specifical reason for not signing the 5th Proposition or if they see not they argue not here à simili but à dissimili and therefore conclude very ill or if they see not the cases are quite contrary or hugely differing that of the Pope and Council on one side and that of the King and Parliament of the other as to the purpose here I am extreamly mistaken But whether they do or not others I am sure do very cleerly That for such other Catholick Divines as are great sticklers for the Papacie to be Jure Divino immediatly or immediatly ordained by Christ himself during his aboad on earth in that sense at least wherein it is allowed and approved by those Canons are learned Canones Ecclesiae Vniversalis and by the several Catholick Churches Kingdoms and States which have continued in perpetual communion with the Bishop and particular Church or Diocess of Rome though not in that sense and height of latitude of jurisdiction attributed thereunto by the Popes themselves in their own peculiar Canons for such Divines I say as maintain so the Papacie to be De jure Divino immediatly and nevertheless withal do constantly maintain the authority of general Councils above it by the same ius divinum or immediat institution of Christ delivered to us in that passage of Math. 18. Dic Ecclesiae or in any other of the new Testament whether in writing or not or not otherwise known evidently or sufficiently but by unwritten tradition onely the Fathers of the Congregation may see these Divines also declaring and very cleerly and consequently too without any kind of stress in their own principles against the said consequence For they will undoubly say and with very much reason also this to be a meer non sequitur The General Council which hath its power not from the Pope but originally immediatly only and perpetually from Iesus Christ over all the faithfull being declared in the 18. of St. Mathew the very last and supream Tribunal to which an offending Brother must be accused and to whose sentence he must be lyable and being so declared by Christs own mouth even to Peter himself present as may be seen in the foresaid place of Mathew taken together with St. Luke in ch the 17. must consequently be above the Pope albeit the Pope must be above every individual of them separatly taken out of the Council or when there is not any Council in being Therefore the Parliament which originally immediatly and only had its power from the King and yet none from the King or his Laws much less from the Law of God above the King Himself must nevertheless be above him even as yet remaining King and so above him too that they may deprive depose and put him even to death if they shall judge it expedient yea notwithstanding his Royal Power is given him originally immediatly and only from or by God himself and notwithstanding also the express Law of God commands all his people without any distinction of being sate in Parliament or not and commands them all even under pain of damnation to be subject to him and notwithstanding too the very Parliament themselves even sitting in Parliament confess themselves to be of the number of his People or Subjects Yet this must be the very argument which the Fathers of the Congregation must frame here to their purpose if they would pin their foresaid consequence upon even these other Catholick Divines who maintain the Papacy de jure Divino And therefore it must also be that in the opinion too or doctrine of this very class of Divines who are all admitted by Bellarmine himself as undoubtedly Catholick and no way Schismatical who maintain or admit as I have presently said the Papacie it self to be jure Divino from this proposition The Pope is not above a General Council no such dangerous consequence can be drawn no overture of any such odious and horrid disputes concerning the power of Kings and Commonwealths as our late sad experience hath taught us That finally if in the opinion or according to the principles or doctrine of any other Catholick Divines that dangerous consequence follow as I know it does in Bellarmine's and such others of his way who to subject the Crowns of Kings the more easily to the Popes disposal reduce all earthly temporal civil power and resolve it ultimatly into their supream pretended inherent right in the people whom as they say withal and consequently to their other principles the Pope may at his pleasure or when he shall judge it expedient command by excommunication and other ecclesiastical Censures to resume it or that their pretended inherent power for the punishment of an Apostat Heretick Schismatick or otherwise contumacious refractory or disobedient Prince if I say according to this doctrine of this third and last class of Divines how Catholick soever in other matters that dangerous consequent and overture of such odious and horrid disputes follow the above proposition or the not being of the Pope above the General Council yet for as much as their other principles which must be first admitted before any such consequent may be deduced are in themselves very false and in the case of Hereditary Kingdoms evidently such amongst Christians that please to understand the Scriptures plainly and sincerely as the primitive Believers did especially that passage omnis anima potestatibus sublimioribus subdita sit and what follows afterwards to the same purpose in the 13. of the Romans and not go about to elude these and such other express and clear places by distinctions whereof some are apparently ridiculous and some very blasphemous too as I can instance the Fathers of the congregation might notwithstanding with much reason and even abstracting too I mean as well from all precedents as from all ignorance malice or other pre-occupation nay and from their own subscription also of the second or any other of the three first propositions though not from the doctrine of them observe how that
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
compassing as yet any of his designs XXIII Likewise about the same time the R. R. Father in God Iohn Burk the Catholick Archbishop of Tuam very aged infirm and sickly and looked upon as not able to live one year longer came unexpectedly from St. Maloes and in my Lord Lieutenants absence arrived at Dublin privatly accompanied with father Thomas Quin the Jesuit and another of that Society in whose power and under whose directions this aged venerable Prelate wholy was The Procurator having done his first respects of visit to his Lordship desired to know his cause of venturing so confidently without acqainting first and having by some way addressed himself to my Lord Lieutenant and understood of some connivence for his return Minded him of the carriage and proceedings all along of the Clergy and especially of the Bishops of Waterford and Iames-stown That although his Lordship carried himself fairly and loyally in opposing the Nuncio even to his face at Galway and forced open the Church there which the Nuncio would have to observe his Interdict other Censures that he had sided all along with the Cessation supream Council at Kilkenny in that business and further too in concluding the second Peace yet he could not forget how he sullied all his former glory by his after unfortunate sitting and concurring at Iames-stown with other Bishops to those disloyal Declarations made there That he had not since by any publick or private application to His Majesty or Lord Lieutenant or by submission and repentance declared to either washed of the stain of that scandalous horrid transgression nor given any assurance of his more loyal carriage hereafter That yet both were of absolute necessity from a Prelate of highest rank such too as for example and for the satisfaction of God and men should be publick That he should therefore petition for himself and by his example induce the rest of the Irish Clergy to do the like and most humbly beg pardon for the time past and for the future sign that Remonstrance whereof to that end he had in France from London a sufficient account All which and much more to this purpose the Procurator humbly and earnestly minded him of even sometime in the presence of the above Father William Burgat Vicar General of Imly The good Archbishop heard him all out both attentively and patiently enough without sign of displeasure but return'd no other answer then That he was now so broken with age and many diseases of body that his mind also or understanding was no more of any kind of strength or capable to discern what he was to do in that or other things That he was for the matter dead already That he ventured this journey from France by Sea all along for otherwise he could not of purpose only to die and lye down at rest in his grave native soil That he would not have been to bold as to land at Dublin but that he supposed my Lord Lieutenant away thence in the Countrey at that time as it happened and that he might be carried away privatly to his own Province of Connaght without any further noise of his arrival or knowledge thereof given to my Lord Lieutenant And that being his Grace the Lord Lieutenant was now returned to Town he desired the Procurator should most humbly present his most submissive respects and make that true Apology for him of the design of his coming and desire of being connived at for so short a time as he had to drag a miserable life and end it by a death more welcome which he daily expected But the Procurator saw well enough that how infirm soever this good Archbishop was in body yet he had still sufficient apprehension and this excuse proceeded from the Fathers by whom he was led of late in all things perswading themselves his behaving himself so would give both countenance and authority enough amongst Catholicks not to themselves alone but to all others of the Clergy in denying or opposing a subscription which he had so declined That his name or extraction and his known affection sometimes formerly to the King and English Interest we 〈…〉 himself sufficiently of entertaining other scruples in that matter then those of religion and reverence to the See Apostolick And his quality of Archbishop and the only then of that Nation and Religion at home and the only moreover known to have formerly declared against the Nuncio would be a strong confirmation thereof at least might be a very probable excuse for all others of inferior degree until he had declared himself on the point All which and the use thereof notwithstanding the Procurator did well enough perceive and foresee yet he could not help having done his own duty But however advised this good Archbishop to retire as he did immediatly in a litter to Connaght where he remains ever since guided still by the same Fathers as wholly in their power The sequel whereof shall be seen hereafter in its proper place or second Part of this Narrative XXIV The Procurator therefore and by several other arguments seeing now certainly where the first obstruction to a further progress lay which should be removed and seeing that albeit the Fathers of the Society were but a very few in Ireland and most of them in or near Dublin yet their correspondency both at home and abroad especially at Rome was look't upon by most of the Pretendents in or Dependents of that Court and their own confidence withall in themselves was great partly because they had so dexterously behaved themselves in the Nuncio's quarrel that as they were perswaded much could not be objected to them on that account and partly for other causes and for that in particular of their extraction generally as for that also of some powerful Relations of some of them and albeit he saw well enough at the same time what influence the example of the Dublin Clergy in general both Parish-priests and Religious Orders of which Orders there he had only yet won the Franciscans and two of the Dominicans but none at all of the Augustinians Carmelits Cappuccins or Jesuits no more then he had none of the Parish-priests who were four or five and together with the said Regulars made fifty Priests or there abouts in that City albeit I say the Procurator saw well enough what influence the example of the Dublin Clergy in general would have upon the rest abroad in other parts of the Kingdom and that it would be to no great purpose but altogether vain to expect a concurrence from these if those had refused even there where the Lord Lieutenant and Council and Parliament sate and where notwithstanding the Dissenters had as much favour or freedom tolleration or connivence or whatever else you call it as the Subscribers and that on the other side the Dissenters had the advantage of the Subscribers at Rome and with the Generals of Orders beyond Seas of whose special favour
Sir James Ware hath of an Irish King long before the English conquest whether the story be true or false to have gone to Rome out of devotion and layd down or offered up his Crown at St. Peters shrine Which if it had given a real title to the Pope or that See it must follow that the Bishop and See of Winchester hath as much great just certain and lawful to the Kingdoms of England Denmarke and all those others by inheritance or conquest belonging sometimes to Canutus For this devout King did no less there after he had checked the vain flattery of his Courtiers when upon a day sitting on the shore and the tyde coming in and they calling him Lord of Lands and Seas he commanding the floud not to advance and being not obeyed by the Waves but wett to some purpose presently and directly went to the Cathedral of Winchester and there offered up to God his Crown laying it on the high altar with resolution never more to put it on his head but acknowledg him the only Soveraign King of Sea and Land who commanded that little Wave to wet him And the only Original pretence of the Popes or See Apostolique's human right to England was the donation or submission of King Iohn to Innocent the thirds Legat at Dover Cardinal Pandulphus But who is so ignorant in Divinity as to pretend a right acquired by such a donation or submission were it absolutely certain as yet even Polidore Virgil himself seems to think it not to be forasmuch as he writes of it upon report onely Both law and reason tell us that a King cannot without consent of His Kingdom alien at the title thereof And Histories tell us that King Iohn who was an Usurper too for a long time at least made that donation or submission or whatever you call it directly against the Kingdom so farre he was from having the consent of his Peers people or Parliament That Henry the 3d. the Kingdom of England soon after the troubles were appeased expresly protested against it protested so even by their express Embassadour to that purpose the Archbishop of Canterbury even before in the presence of the General Councel of Lyons See Walsingame ad an 1245. and Harpsfield ad Sec. 14. c. 5. That so many laws made by all the three estates in Parliament under Edward the third and Richard the second which declare England to be an Empire and the King thereof to acknowledg no other on Earth above him but God alone did protest against it And the prescriptions of five entire ages confirm without all controule these protestations So that the Lovain Divines could not on coole and sober reflection but Judge this first ground either as to the first Original or continuance of it to be all composed of sand either as to England or Ireland or both For the same arguments are equally of force against that pretended gift of the Irish Monarch being that if we declined the likeness of it in all points or as to his intention of a reverential true acknowledgment of Gods power only or of a tye of himself and his Crown to be alwayes militant for the faith and confession of St. Peter or of a donary only of his bare Crown as to the materials of it not of the politick rights and power signified thereby to the Church of that holy Apostle or if we granted as we do not by any means That this Irish Monarch intended absolutely as much as in him to give up all the temporal Soveraignty of Ireland to that holy See yet whereas it appears not by any kind of Allegation History or Scroll that he was commission'd by the Provincial Kings or by the States of the Kingdom to do so such intention of his or such oblation donation or subjection as proceeding thence or made by him amounts to a meer nothing For no man gives that so as thereby to transferre a right which he is not empower'd by the laws to give As for the Bull or Bulls granted by Adrian the IV. to Henry the second for either the Lordship or Kingship for both were granted or at least are pretended to have been granted as may be seen in those copies extant in Baronius they are to no purpose at all in this matter Because if those we read in that great Annalist be true and not subreptitious or counter fit it is manifest out of the very tenour of them they are wholly grounded upon errour because the only ground alleadg'd in them for the Popes right to dispose of Ireland is That al Ilands on which the Sun of Justice that is Christian Religion did shine belonged to the See of Peter But whence this title came to the Ilands a lone more then to the continent nothing at all is pretended in those Bulls nor by any for them other then a meer forged imposture of donation by Constantine the great who yet is known to have never had the least footing in Ireland * As it is known that c. Constantinus d. 96. in Gratian. is not onely a meer Palea but speaks as well of the whole continent of Europe as of the Ilands For to pretend as a ground of them or of such donation or the right to make it Bellarmines indirect power in the Pope over the temporals of all Kings in ordine ad spiritualia besides that the restriction in the said Bulls to the Ilands alone and no extension to the Continent ruines this pretence or allegation it cannot be made use of by the Lovain Divines to justifie this first ground of their censure which is only meer humane right and that of Bellarmine is Divine as derived or pretended to be derived from Christ himself immediately But I confess the Lovain Divines were wary enough to decline this least they should bring on themselves a more dangerous censure from their own King and raise the power and just indignation of all Kings States and people even of their own communion to punish their temerity LIV. Nor can their next ground any whit more justifie their Censure The power of binding and loosing which the Catholick Churches of the Roman communion throughout the world acknowledge in the Pope or Church is that only which binds sinners in their sins or in just Ecclesiastical and meerly spiritual censures by denying them absolution from either clave non errante and that besides which enables them to lay binding commands or make binding laws Ecclesiastical and purely spiritual not against the laws of God and Canons of the Vniversal Church but conformable to both for the suppression of vice and furtherance of virtue And is that only which looseth sinners by absolving them in due circumstances from both sins and censures and further by dispensing with them sine prejudicio tertii in vowes or Oathes made to God alone or in other Obligations arising from the Canons of the Church only where a third person is not concern'd in point of
nay and meritoriously too abide the sentence of death even in prima instantia from a Judge of Assize according to the laws of England or Ireland or both and the Execution of it and even at the same time acknowledge himself bound under pain of sin to abide this sentence and this execution patiently and christianly without resistance and yet at the same time also challenge the priviledge of the Canons or at least not renounce the priviledge of the Canons and even of such as he really conceives to be obliging Canons whether groundedly or ungroundedly he conceives or alledges such Canons it matters not to our purpose or that he may at the same time also alledge and the case may be such that he may truly too alleadge that he is proceeded against unjustly both by the Inferiour supream Judge both against the legally established received unrepealed obliging Canons of the Church and the uncontroverted clear just and wholsome laws of the State And therefore it is no less evident that there can be no inconsistency no contradiction at all betwixt a Priests acknowledging the duty of such an obedience and his challenging alwaye nevertheless a right not to be proceeded against by such a sentence That our further declaring in the said Remonstrance That notwithstanding any sentence of excommunication deposition c. we will alwayes be true obedient faithful Subjects to the King that we renounce all forreign power spiritual or temporal in as much as it may seem able or shall pretend to absolve us from us Allegiance or dispense with us therein or give us leave to raise tumults bear arms c. against his Majesty or Laws That we bold the doctrine impious and renounce â—t as such which teacheth that any Subject may murder the anointed of God his Prince though of a different Religion from his That we acknowledge all supream temporal Princes to be Gods Lieutenants on earth or in their Dominions and obedience due to them respectively in all civil and temporal affairs by their own Subjects That finally we protest against all contrary doctrines and practices That I say our further declaring any or all these particulars together doth not either formally or virtually or expresly or tacitly draw with it our declaring against or our disacknowledging renouncing declining or quitting the Exemption or Ecclesiastical immunity of Clerks either as to their Persons or as much as to their Goods if by this Exemption or Immunity that be understood as it ought certainly which all Catholick States Kingdoms Nations Councils Parliaments People Divines Universities Bishops Clerks and consequently Churches do understand in France Spain Germany Italy Venice Poland c. For the truth of all and every such declaration and obligation consequent may and doth very well stand in their opinion and according to their practice with such Exemption being they all hold this Exemption to be not independently from the soveraign power of the Princes or States or of their Laws but with dependance alway in relation to that soveraignty or supream Majesty from the inferiour Judicatures and in such cases only whether civil or criminal as are priviledged and only too in prima instantia or at most in so many other instances as will not require manifestly or by manifest necessity an appeal or recourse to the Prince or State civil or pollitick â gravamine or the interposition of the Prince's or States supream power in the case without any such appeal or recourse of either Plantiff or Defendant but ex officio where the Prince or State see a manifest necessity of such interposition as the case may be very well as it hath often been that the Ecclesiastical Judges are themselves involved in the same crime for example in treason or sedition and therefore will not punish the criminals accused before them but rather encourage them as much as they dare That moreover as it appears manifestly out of all the foresaid passages either separatly or collectively taken there is not from the first word to the last of the said Act of Recognition or Declaration of Allegiance not I say any passage at all any word or syllable in that whole Declaration being these I have given are all it contains of any matter soever that may be formally or virtually expresly or tacitly directly or indirectly understood by any rational impartial man to dis-acknowledge or declare against Immunity Ecclesiastical or the Exemption of Clergy-mens either Persons or Goods as this Exemption is allowed or approved by the Catholick World or Church or as by either understood so it appears no less manifestly that in the petitionary address which immediatly follows the said Act of Recognition or Declaration of Allegiance and of principles belonging to such Allegiance there is neither as much as one word which may import to an impartial understanding Reader or to any that is not clouded by ignorance or byassed by malice any such dis-acknowledgment of or declaration against such immunity or exemption And that if in this petitionary address there be nothing to this purpose or any such dis-acknowledgment of or declaration against such Ecclesiastical Immunity or Exemption it must be and is confess'd by the very most scrupulous or most invidious Adversaries there can be none at all in all or any part of that Remonstrance or in that whole Instrument entituled The humble Remonstrance Acknowledgment Protestation and Petition of the Roman Catholick Clergy of Ireland To prove this last conditional assertion I need not add any thing more to what I have said already or observed in considering all the several distinct parts of the Act of Recognition in it self and other declarations following therein and to what moreover I have presently hinted of the confession of our most carping Adversaries but only this one advertisement more to the Reader whereof himself by reading only over that whole Instrument can be Judge that nothing else is contained in the paper but a bare Remonstrance of grievances persecution odium c. which no man ever yet quarrel'd against as pretending therein a ground for this fourth Exception or any other whatsoever What remains therefore to be cleared is the petitionary address of that paper as that indeed against which for ought I heard from the Dissentors themselves or any of them all their quarrel is on this pretence of quitting Ecclesiastical Immunity and subjecting Clergy-men to Lay Judicatories or to Secular Courts in criminal causes But how justly or unjustly be you Judge good Reader when you have considered the words sense and scope of that Petition so often returned for answer to this invidious Exception The words and whole tenor of that perclosing Address are these and no other These being the tenets of our Religion in point of Loyalty and submission to your Majesties commands and our dependance of the See of Rome no way intrenching on that perfect obedience which by our birth by all laws divine and humane we are bound to pay to
by whom or wherein Thomas of Canterbury after some ages and upon a review of his life or actions and knowledge of his nefarious turbulencies and tragedies and of his intollerable arrogancy in raising himself above the royal power laws and dignity as he sayes was so condemn'd It seems he was either ashamed to name the person or raign of Henry the eight in such a matter and in opposition to such a Saint or verely he would impose on his unskilfull Reader and make him think it might peradventure have been so by a King and so in a time that was not reputed Schismatical by the Romanist's themselves and thereby would wholly undermine the credit of a Saint who certainly could be no true Saint if Parker was either a true Bishop in the truth and unity of the Catholick Church or true Christian in the truth and integrity of the Catholick Religion And I give it moreover to take notice of his wilful imposture where he sayes that that nameless King found out what kind of man Thomas was what evilt he had raised c. and sayes also that that nameless King found out all this in a great Conneil of all the Prelats and Peers of the Kingdom meaning so to impose on his Reader as a truth without as much as the authority of any writer for he quotes none in this nor could but against all truth that the Bishops of England in that Kings time concurr'd with him in his judgment or condemnation of Thomas of Canterbury for a traytor viz. against the Kings person or people of England or their laws or all three For certainly he could not be on any rational ground declared traytor or even to have been such at any time in his life not to speak now of the instance of his death or of any time after his reconciliation to Henry the Second but upon one of these three grounds or as having acted either against the Kings own person or royal rights or against the liberties of the people or against the sanctions of the municipal laws of England And O God of truth who is that is versed in the Chronicles of England can imagine any truth in this sly insinuation of Parker concerning that of the Bishops to have concurr'd with Henry the Eight in the condemnation or prophanation and sacriledge committed against St. Thomas of Canterbury so many hundred years after his holy life and death and so many hundred years after he had possessed not England alone but all the Christian world with the certain perswasion of his sanctity attested so even after his death by such stupendious miracles at his tomb and wrought there at or upon his invocation and by such stupendious and known miracles I say that Parker himself hath not the confidence as much as to mutter one word against the truth and certainty of their having been or having been such Nay who is it can upon a a sober reflection perswade himself that either Henry the Eight himself or any other whatever and how even soever atheistical Councellor of his could pretend any as much as probable ground in natural reason laying aside now all principles of Religion to declare this Thomas of Canterbury so long after his death to have dyed a traytor nay I say more or to have lived so or to have been so at any time in his life T is true that in all branches and each branch of the five membred complex of those first original and lesser differences which preceded that great one of the sixteen customs he for some part did not comply with the Kings expectation and for other parts positively refused to obey the Kings pleasure or even command But so might any other Subject and might I say without being therefore guilty of treason nay without being guilty of any other breach of law or conscience had he the law of the land and liberty of a Subject of his side as Thomas of Canterbury had in each of these five original differences And that he had so the law of the land for him even in that very point of them which Henry the Second took most to heart that I mean of the two criminal Clergymen besides all what I have given before at large of those very laws to prove it this also is an argument convincing enough that Henry the Second was not where he had the law of his side a man to be baffled by any Subject whatsoever nor would be so ceremonious as to call so many Councils or Parliaments of Bishops and other Estates to begg that which by law he had already in his power without their consent And therefore certainly had the law of the land been at that time for him that is for the ordinary coercion of criminal Clerks in his lay Courts and in what case soever or even in case of felony or murder committed by Clerks he had without any further ceremony at least after he saw the Archbishop refuse to comply with his desire or obey his command and after he saw also the Priest was in the very Ecclesiastical Court convict of murder sent his own Officials to force him away to and before the lay Judges and sent his Guards too or Souldiers were this necessary Neither of which he as much as attempted to do And therefore had we no other argument who sees not that it is clear enough out of this very procedure that the Archbishop committed no treason in this very matter wherein of any of also the branches of that whole five membred complex he most positively and plainly opposed that King though by such a kind of opposition as might become a Subject that is by an opposition of dissent without any interposition of arms or force 2. T is true also that after this Thomas of Canterbury opposed mightily but with such a kind opposition as I have now said all those sixteen heads of Henry the Second pretended by him to have been the Royal Costoms of his Grandfather and that after giving a forced consent and taking a forc'd oath to maintain them he retracted again freely and conscientiously his said consent and oath and refused to give his hand or seal for introducing or establishing them But I am sure there was no treason in this not only because he saw or apprehended they were against the former laws and for an evil end too press'd by that King so violently but also because he saw or apprehended that the very pretence was false that is that some of them had never been customes Is it not lawful without treason nay or other breach of law for any Peer and so great a Peer as the Archbishop of Canterbury to deny his own assent in Parliament or even to revoke and for as much as belongs to himself his own former assent at least when otherwise his conscience is wounded and when he proceeds no further by force of arms and that the laws is yet only in deliberation to be establish'd but not
absolutely or actually yet establish'd Or doth not the very nature of a Parliament and the necessary and plenary freedom of the members thereof evince this 3. T is likewise true that in the great Council or Parliament held at Norththampton and when he saw some of the very Bishops violently bent against him to ingratiat and endear themselves more and more to the King and the rest through fear yielding and saw them all generally conspiring with the lay Peers and joyntly with such Peers condemning and deposing him by their sentence from his Bishoprick he appealed to the Pope from such a sentence and such Judges and such a Judicatory and in such a cause But what then Or was it treason by the nature of the thing in it self or of such an Appeale of such a man and in such a case and from such Judges or was there any law then in England making such appeal to be treason certainly it was not by either Not by the nature of such an appeal as abstractedly considered in it self because neither appeals in a spiritual cause to the Pope nor decisions in a spiritual way of such Appeals by the Pope do of their own nature draw along with them any lessening of the Majesty or supream power of the Prince or of any part of it which is proper to him nor of the safety of the people though by accident that is by abuse only sometimes of the Appellants themselves or of such Appeals or of the decision of them by some Popes and by the neglect of either Prince or Parliament giving way to frivolous appeals or admitting of notoriously corrupt decisions they may prove hurtful Nor was there any law of England as yet then establish'd when the when the Saint appealed so which made it treason or which indeed at all prohibited him or any other Clerk to appeal to Rome in any pure ecclesiastical cause whatsoever or from the judgment of either spiritual or secular Judges or even of both together in any pure spiritual or Ecclesiastical cause such as that judgement was which was pronounced in that Council or Parliament of Northamton against this holy Archbishop even a sentence of his deposition from the See Nay the continual practice of England till then for so many hundred years before and for some time after too warranted by the very municipal laws or municipal Customs or both to appeal to the Pope in such causes which practice in many Instances of even great Bishops and Archbishops both of Canterbury and York and of the Kings also of England sending sometimes their own Embassadours to plead against such Bishops and Archbishops and sometimes to help or plead for them you may see at large everâ— in Matthew Parkers own Antiquitates Britannicae evicts manifestly it was neither treason by law or by reason or by the nature of such Appeals And the practice of other Kingdoms of Christendome till this day continued shews no less that it might have been and may be duly circumstantiated without any lessening of the Majesty of the Crown danger to the safety of the people or without prejudice to any Besides who sees not that it is against the very law of God as delivered to us from the beginnings of Christianity that Lay-men as such may fit in judgment on or give sentence for the taking away the Spirituals of a Bishop As such they can neither give nor take away any spiritual Power Jurisdiction or Authority purely such from the very meanest Clerk whatsoever Indeed if a King be made the Popes Legat in his own Kingdomes as Henry the first of England was you may read it in Houeden in whom also you may see that Henry the Second wrought all he could to get the same power from Rome for himself then such a lay person but not as a meer lay person may give sentence in such causes according to the extent of his commission And who sees not moreover that the Bishops of England who sate in the Council and as sitting there proceeded most uncanonically against their own Primat If they would proceed canonically against him with any colour as much as of the ancient canons of the Church it should have been in a canonical Convocation or Council of Bishops alone and of such other Clergymen as by the canons ought to vote and the Primat should have a fair tryal and be tryed by the canons only Those Bishops failed in all this And therefore Thomas had reason to appeal to the Pope from their sentence For ever since the general Council of Sardica there was at least in the Occidental Church an appeal allowed Bishops even from their equals and even too from their superiours to the supream Bishop or him of Rome as the Fathers of Sardica at the desire of Hâ—sius their President to honour the memory of St. Peter ordained by an an express Canon Though I confess that for what concern'd the temporals of his Archbishoprick which he held only from the King and municipal laws of the land he could not appeal to the Pope understand you otherwise then as to an honourable Arbiter by consent by vertue of any canon only or at all against the said municipal Laws or Customs of the Land if they had been against him in the case of his said Temporals as I have shewed they were not or at least I am sure were not so against him not even I mean in such an appeal concerning his meer Temporals as to render him guilty of treason for appealing so oâ— in such the meer temporal concerns of his Bishoprick And yet I add that Histories make no mention of any such kind of Appeal as this last made by him then when he appealed from the Council of Noâ—thampton though he had reason after to labour in all just meer and pure Ecclesiastical ways to recover the very temporals also of his Church to the same Church T is true moreover that immediatly after his appeal he departed the Council or Parliament the Court and Kingdom and departed the Kingdom incognito in a secular weed But neither was this any treason nor even disobedience or mis-demeanour in him There was no writ of ne exeat Regno against him There was no law of God or man prohibiting him to depart so nor any reason indeed as the case stood with him The King had stabled his own horses in his lodgings to affront him He challeng'd him for thirty thousand pounds which he had administred formerly during his Chancellorship and challeng'd him of so great a sum of purpose to pick a quarrel to him for the Saint had given him an account of all when he was Chancellor and was by the Barons of the Exchequer and Richardus de Luci Lord chief Justice and by the young King himself acquit of all these and whatsoever other accounts before he was consecrated He was notwithstanding his Appeal sentenc'd by the Barons at the Kings desire to be seized on and put in prison The Archbishops of
Because those that did only say they did not write nor cause any other to write of those matters to the Cardinal Protector but do not say they did not write nor cause others to write to their Agent at London Father Francis Fitz-Gerrald who kept weekly correspondence with the Irish Franciscan Colledge of S. Isidore at Rome nor say they did not even by themselves write to their other Brethren Agents at Louain Prague and Rome it self 3. Because they refused to sign such a Paper as was any way home to the purpose although drawn by one of their own body viz. A Paper containing exactly and nor more nor less but what follows here HAud sine dolore intelleximus ex parte Provinciae Hiberniae nomine nostro libellum su plicem exhibitum Eminentissimo ac Reverendissimo Domino Cardinali Protectori Ordinis nostri repletum calumniis adversus P. Petrum Valesium adversus P. Raymundum Caronum S. Theologiae Lectores alios dicta Provinciae Patres accusantem dictos Patres ac si essent contra authoritatem summi Pontificis fidei Catholicae detrimentum conantes expresse in dicto libello supplicatur quatenus dignaretur Eminentissimus Dominus Protector praecipere Commissario Generali Gallobelgico ut nullatenus dictis Patribus favere audeat Nos infrascripti convenientes simul in Domino congregati pro rebus huâ—us afflictae Provinciae Hiberniae strictioris observantiae postulati de hacre coram Domino protestamur praesentium tenore declaramus nec nos nec ullum ex nobis aliquid tale proposuisse aut exposuisse Eminentissimo ac Reverendissimo Cardinali Protectori nostro nec alicui ullo modo talem commissionem dedisse Totum subreptitic clandestine perperam factum a quocunque sit factum In quorum fidem hisce subscripsinus 26 Junii Anno Incarnationis Dominae 1665. In Conventu de Killihi As for those Letters of theirs to the Commissary General concerning a new Visitor the Procurator did not think fit to send them forward to Flanders 1. Because he had already seen by last Winters negotiation how the said Commissary was resolved to give none at all of those who had sign'd the Remonstrance 2. Because even in those very second or later Letters of that Diffinitory he saw that there was enough to signifie tacitely the Writers had been rather constrained than free in desiring any such thing 3. Because the Plague did by this time so rage at London that he doubted whether that Dutch Commissary would entertain any correspondence thence 4. That Father Caron had about the same time publish'd his Latin Folio work entituled Remonstrantia Hibernorum against and by occasion of the Louain Theological Faculties Censure of our Remonstrance and therefore knew the prejudice against the same Father Caron would be now greater than before 5. And lastly That he understood from Spain there was one Father Mark Brown an Irish Franciscan residing at Madrid for many years deputed by the Spanish General Ildephonsus Salizanes to be Commissary Visitor of the Province of Ireland and President of their Provincial Chapter But for what concern'd their new Remonstrance albeit the Procurator saw well enough the material variations of it from that was expected from them i.e. from that was sign'd at London and both humbly presented to and graciously accepted in the year 1662. by His MAJESTY even that about which the grand contest had continued so long nevertheless he failed not to present it to his Grace the Duke of ORMOND then Lord Lieutenant of Ireland and then also preparing to return to Ireland with the second Bill of Settlement or that called the Explanatory Bill Neither did he fail to endeavour by all the Reasons and Arguments he could to persuade his Grace to accept of and present to His Majesty this Franciscan Remonstrance as that unto which the Authors promised all other Regular Orders and the whole Body also of the Secular Clergy and Irish Nation would by their manual Subscription every one concur What moved him most to be so earnest herein were two or three Reasons First regarding the good or advantage not only of those Irish Ecclesiasticks but of the Catholicks in general both Clergy and Laity of that Kingdom was That neither his Grace nor His MAJESTIES other inferiour Ministers nor His Privy Council nor His Parliament in Ireland might thenceforward with so much reason as till then entertain or continue former prejudices jealousies against or former suspitions of that unfortunate people in relation I mean to their loyal or disloyal principles or affections towards the Crown and King of England The second and it regarding the general good of all both Protestants and Catholicks and Fanaticks too and His MAJESTIES great concern because the peace of all His People was That he foresaw the ancient Catholick proprietors would ere long lose all their patience when they did perceive clearly by the new Explanatory Bill as soon as Enacted by Parliament and executed by the Court of Claims there could be no more hopes of restitution for them and foresaw consequently that according to humane Tentations they would be ready to be persuaded to any thing if they had their Clergy and Commons likewise discontented and therefore ready to join with them on account of wanting the publick and free exercise of their Religion And the third near akin to the said second was That he saw also the conjuncture of affairs and humors portended then a War with Holland if not with France likewise which did soon after follow These Reasons together with the certain knowledge he had of the inclinations of many leading men both of the Clergy and Laity of that Nation made the Procurator so sincerely and earnestly move the LORD LIEUTENANT to accept at such a time what was freely offered and accordingly to present it to His MAJESTY And I remember it was then when the City of London was much depopulated by the Plague and the Court removed to Salisbury and the said Lord Lieutenant of Ireland at his Countrey-house of Moor-Park and consequently when I had leisure and opportunity enough to reason these matters with his Grace And I remember also that Father Patrick Magin one of Her Majesties Almoners being there at the same time and both acquainted with and interested very much in those affairs of the Irish Clergy did as much as he could assist me to persuade his Grace to accept of that Franciscan Remonstrance in order to a general Signature thereof by all th rest of Ireland that so all difference amongst them on account of Signing or not Signing the former condemn'd by Rome might cease and yet their Allegiance be sufficiently declared to His MAJESTY Notwithstanding all which earnestness and importunity the Procurator did before any such used ingenuously and plainly discover to his Grace the shortness reservedness unhomeness insignificancy imposture of this latter or wherein it came short of and of purpose varied from the former
the General Assembly of the Confederate Catholicks at Kilkenny during Petrus Franciscus Scarampus's Negotiation there from Pope Vrban the VIII and before Rinuccini came under Innocent he was created Bishop of Ferns In the year 1666 when the fatal Congregation of the Irish Clergy assembled at Waterford under the said Nuncio Rinuccini for rejecting as they did reject the first Peace he was Chancellor of that same Congregation Soon after this it was that I had the honour of some little personal acquaintance with him and that upon a very extraordinary occasion indeed viz. The Nuncio having presently after both possessed himself of all even the very Supreme temporal power of the Confederates and which was consequential no less suddenly design'd the utter ruine of the King's Lieutenant at Dublin resolved therefore to command away out of Dublin and all the English quarters every one of the Priests that lived there for the comfort of the Lay-Catholick inhabitants For besides many other motives the Nuncio had heard that all the chief if not every one of the Romish Priests remaining at Dublin especially Mark Rochford a Dominican Peter Darcy a Franciscan Thomas Quin a Jesuite three eminent men and famous Preachers with some five more being sent for had given the Lord Lieutenant under their hands That the Roman-Catholick Inhabitants of Dublin not only might but ought in conscience to fight in defence of that Town against the Nuncio's Army and to be in all such matters faithfully obedient to his Excellency Wherefore by command from the Nuncio but by whose contrivement I know not a small Committee of three was appointed viz. our present Bishop of Ferns Walter Enos Dr. of Divinity Author of the Book against the Peace of 1646. and my self to consider of and draw in writing a Formulary of precept and censures to command all the Romish Clergy Secular and Regular every one residing either in Dublin or elsewhere under the said Lord Lieutenants command or power to withdraw totally out of all such quarters and retire into those of the Catholick Confederates On this occasion and first of any time that I remember my judgment of and disaffection to the Nuncio's cause did appear to them For I not only opposed that design with unanswerable reasons and a plain assertion too that there was no power from Christ not even in the universal Church of Chirst to lay such a command on the said Clergymen or others in the case but also broke it utterly so that there was no more of any such general precept Within some few months after this Bishop * Having been also presently or at least soon after the rejection of the said Peace of 1666. made a Supreme Counsellor and Nicholas Plunket Esq as persons in all respects worthy of and answerable to the employment were sent Ambassadors to Rome from the Confederates to crave assistance from His Holiness Innocent X. for carrying on the War now that to please that Court they had rejected the first Peace though otherwise concluded with the King and even publish'd and accepted both at Dublin and Kilkenny However about the end of the year 1648 being return'd to Ireland bringing with them some holy reliques but no money and finding the affairs of the Confederates wholly altered the Nuncio and Owen O Neal's party worsted Inchiquin's Army declared for the King the Marquess of Ormond as the King 's Lieutenant living in his own Castle at Kilkenny a general Assembly of the Confederate Catholicks sitting in that Town and treating of and concluding a second peace with his Excellency the Nuncio retired or rather forc'd to flie as far off as Galway expecting only the issue of that general Assembly in a word the generality of the Nation crying for Peace with the Protestants of the Royal party the said two Ambassadors and consequently our Bishop of Ferns saw it was but reason to give immediately in person the best account they could of their Negotiation to those Estates assembled in whose name they were sent to Rome as only by Letters they did after to the Nuncio And if I be not mistaken that given to the Assembly did either hasten or facilitate the conclusion of the later Peace then concluded in 1648. This I remember well that after all Articles thereof had been agreed upon in the Assembly and that it was thought fit to call an Ecclesiastick Congregation of all the Prelates then at Kilkenny and some other Divines to give the Clergy in particular all the best satisfaction could be before all things had been finally determined and this Congregation sate my self being one of those Divines and our Bishop of Ferns placed in the Chair he spoke excellently well to allay the scruples of such Clergymen as seem'd to apprehend or made a Bugbear of the Nuncio's dissent nay and to that end amongst other Arguments produced a Copy of the Articles of Peace lately before concluded between the great Catholick Emperour of Rome and the Protestants of Germany Articles quitting even the very spiritual Jurisdiction of so many Churches to Lutherans and yet Articles granted by the said Emperour yea notwithstanding an express Protestation made by the Popes Nuncio against them and Peace founded on them The later Peace of Ireland being hereupon immediately concluded in pursuance of the Articles thereof our Bishop of Ferns was made and sate one of the Twelve Commissioners of Peace for the whole Catholick part of that Nation as who were to abide in the nature of a Council with the Lord Lieutenant until Parliament but invested with a greater power than that of bare Counsellors In that quality and while fortune smiled on the Royal Affairs in that Kingdom for Six months after the conclusion of the second Peace the Bishop seem'd constant enough to his new engagement But after the breach of Rathmines and so many other disasters which in the year Forty nine followed and that he with Sir Nicholas Plunket being sent special Commissioners from the Lord Lieutenant to Owen O Neill had upon Treaty brought in the Northern Army and yet nothing mended not even for so many Months after in the year 1650. but all things daily worse and worse either the common calamity of the Nation or special and particular of his own beloved Diocess of Ferns and County of Wexford the County so considerable indeed in the dayes of the Confederacy that it paid to the publick Threescore thousand pounds one year only had the strong Fort of Duncannon the great Towns of Wexford and Rosse besides so many other Corporations as together with the two Knights of the Shire made Eighteen Parliament and General Assembly men and the County moreover wherein as he seemed to have been for many years the only chief and principal leading man so whereby he was rendred throughout the whole Nation a man of more than ordinary credit and esteem when I say the Bishop saw so great a change both in the publick and his own private Affairs by the
been certainly informed that all Ireland were absolutely resolved to bid an eternal adieu to all or any Communion with the Roman Church and great Pontiff So much and so nearly to heart did they take that harmless that innocent profession of Allegiance though but in temporal things only made to a Protestant King of England by some and those too but a few respectively of the Roman Catholicks of Ireland As for any thing more of the said Primat Reilly to be observed in this present Section I remember no more but only 1 That as soon as the news of his arrival was bruted both Protestants and Roman Catholicks admired very much how he especially at such a time not only of War twixt England of one side and Holland and France of the other but also of all the three Estates of Ireland in Parliament at Dublin dared to venture home and appear even in that Capital City 2. That some few days before the then Lord Chancellour of England having intelligence of the said Primats landing secretly in England from Flanders and passing through England incognito to Ireland advertised the Lord Lieutenant thereof by that very Packet-boat by which Reilly landed to the end he should be taken the permission of his return having not been signified by his Grace to the said Lord Chancellour but by the next Packet after 3. That for the two Bishops Ardagh and Kilfinuran who till the Primats landing were the only chief in the Congregation and the former of them the only Bishop of the Province of Ardmagh the other the only of the Province of Cashil having withal the Bishop of Tuam's proxy they seemed not any way at all pleased with his arrival as neither did he seem to have much correspondence with or any great esteem for either of them 4. That as far as I could observe all along after during the other Thirteen days of their Session both he of them and they of him stood in some awe I mean as to any clearer declaration of their sentiments or inclinations either to satisfie the King or dissatisfie the Pope in that for which they were permitted to Convene Though withal I did then and do also at present firmly perswade my self out of what I did then my self both see and hear done in the publick Session That the said Ardmagh seemâ—d much more strongly inclin'd to give even full satisfaction as to the point of any Declaration which might concern either his future fidelity or Petition of Pardon for any matters whatsoever past then either Ardach or Kilfinuran whereof you shall have the true reason according to my best conjecture where I give my own judgment of the Congregation and leading Members thereof XI WHat we are now to consider is what happen'd or was done next day being the 13 of June and 3 of their Session but the very first day indeed wherein any material thing was spoke or said or delivered by any in order to the ends for which the Fathers were convened But an unlucky sudden and unexpected accident was like that very day without any further progress in the intended or at least pretended scope of this meeting to have utterly dissolved it and put a final but shameful period to all their designes For the House being sate and Speaker placed in his Chair the Primat last of all coming in bid the Chair-man viz. the Bishop of Kilfinuran leave the Chair as being due to him the said Primat saying withal that none should in his presence besides himself possess that seat The Chair-man refuses and contradicts and with him also not only the Bishop of Ardagh and the Vicar General or Apostolical of Dublin but many more nay most of all the House Whereupon arises a vehement hurry clamour tumult The Primat presently withdraws And all the Members of his Province of Ardmagh except one or two depart likewise following their Archbishop No sooner was he the said Primat gone with his followers then Ardagh Kilfinuran the Vicar Apostolick of Dublin and all their fast Partizans bale out vehemently for a Dissolution a departure every one to his own home There was nothing to be heard or seen but a loud din and some running to the door to keep it open others to shut it some encouraging taking and haleing one another by the hands to depart others crying Dissolve Dissolve and some on the other side praying intreating conjureing them to stay a little and think better of the scandalous Sequel I that found my self as much concern'd as any if not more than any one used all my utmost endeavours to hinder so sad a resolution At last converting my self to the two Bishops in the hearing of all the rest I took the liberty even also of sharp reproof but after I had seen that intreaties would not do with them who together with James Dempsy Vicar Apostolick of Dublin were the ringleaders of that so Scandalous and factious resolve And amongst or besides many other things I spoke out openly and plainly to them both That without comparison It had been less hurt they had both drop'd down dead in that very place than that the whole Irish Clergy yea and Laity also their whole Nation their Religion and Communion in general should be on such an occasion exposed to that eternal shame reproach and scorn amongst all Protestants which they must certainly have expected by continuing so mad so furious and desperate a resolution That sure they should have considered their meeting was not nor could be unknown as not unto the Protestant Councel of State so neither to the Parliament of all the three Protestant Estates of the Kingdom both of them at that very time sitting in that very Citty where a National Congregation of the Roman Catholick Clergy did so behave themselves That further they should also have considered how during all that very time that very hour of their so phrantick a transport Three Lay persons both of Quality and their own Nation and Religion also employed to them by his Grace the Lord Lieutenant of the Kingdom and sent by him on a special message to them were hard by expecting to be introduced And Lastly therefore that neither amongst Protestants nor Catholicks they could ever at any time wipe off the ignominious and even also barbarous stain if they persisted to say nothing of all other inconveniences and evils which must have been the consequence of so much not only rashness but also unmannerliness Netled at my freedom the Bishop of Ardach replies in a troubled angry mood and in these very words Quid tu Fratercule ita ad Episcopos But my return was obvious enough That the Case required it And that had there been no other reason as indeed many more were to oblige me thereunto but the very Contents of the publick Instrument signed even by him as well as by others whereby I was the general Procurator empowred with all Power Authority and even Jurisdiction too for the ends of the
to suffer themselves to be carried on or hold to such rash resolves but to consider more seriously and maturely what the consequences might be For said I as to the First Either you intend to give the Lord Lieutenant full satisfaction by comprising plainly in your new Formulary the whole sense of the former Remonstrance or you do not intend any such matter but only to present him with some unsignificant Formulary not reaching home the points in controversie If the former to what purpose then would you vary from the words of that Remonstrance not only signed allready by a Bishop by so many other Divines and by so great a number also of the Nobility and Gentry all of your own Church and Communion but so solemnly presented to so graciously accepted by his Majesty so much to your ease and quiet hitherto promoted and so much also desired by His Majesty and Lord Lieutenant to have your further concurrence to it by your Manual Signature Do you intend to render your selves not without cause suspected by changing that form to work a Schysm amongst those of your own Communion and Nation To condemn all those who have Sign'd the first Formulary Do not you see it lawful for you in point of Conscience and Religion to approve what hath been done already for your ease by so many Noble Learned good Patriots but unlawful for them to fall from the justification of it Must the supercilious ungrounded Letters of Roman Courtiers or unconscionable unchristian ignorant censures of a Forreign University have such power amongst you Must Passion or even a mistaken interest rule you that are the Priests of God and carry you headlong to Schysm Besides consider the Lord Lieutenant will understand very well how it must follow That if in deference to the Roman Dictators you change as much as the words only of that Forme upon the same ground you must fall from the sense also when they shall presently send their next Letters condemning what you have done Lastly consider it is not against the words of the Remonstrance as any way less reverential that the Roman Court is or hath been hitherto incensed as you may see even in Cardinal Barberin's last Letters of April 24. this same year 1666 where he acknowledges the Remonstrance couch'd in bland oribus verbis but against the sense so that if you intend to give the sense of it in other words you must nevertheless incur their indignation If the later Do you think the Lord Lieutenant after so many years experimental knowledge of the meaning and purpose of such other several unsatisfactory Forms offered to him to decline that one which was and is satisfactory will not apprehend wherein you come short or think you he understands not English words or the material sense of them as well as you Think you that none of his Council can should himself not perceive the defectiveness Or think you that I my self could or ought to dissemble your imposing on His Grace if none else could see the Imposture But to what purpose do I question what you intend I know it Fathers And know you intend a Formulary coming short even in sense of all and each the very material passages of the Remonstrance even a Formulary that signifies nothing at all for His Majesties or Graces or Councils or Parliaments or even any particular persons either Protestants or Catholicks satisfaction as to the controverted points And therefore know 't will be rejected And what think you will the consequence be What in this conjuncture of publick affairs Erit novissimus error pejor priore And you will be certainly looked upon as men of profligate Principles and Designs and in due time also both considered and adjudged as men not worthy either of Protection or other Commiseration and not you alone but all the Clergy both Secular and Regular obeying you Nay which is yet more lamentable the very Lay-people observing you will be looked upon as men carried on blind-fold to or at least fitted and prepared for all pernicious designs when you are pleased to give the Signal As to the Second resolve or answer to my Second Querie concerning a Petition for Pardon I asked them whether they had forgotten the general either Rebellion or Insurrection which they pleased to call it of the year 1641 or the National Congregation of the Clergy Regular and Secular at Waterford under the Nuncio in the year 1646 or the other at Jamestown An. 1650 even after the Nuncio's departure or who in the mean time or rather indeed all along from 1641 to the year 1648 fought against both the Laws and those who had not only the Laws but the Kings especial Commission or who had been for the Nuncio's Censures against the Cessation who against both Peaces who for a Forreign Protectour who for the alienation of the Crown who for the design of Mac Mahon the Irish Jesuits Printed Book of Killing not only all the Protestants but even all such of the Roman Catholicâ— Irish who stood for the Crown of England and Rights of the King to Ireland and for choosing an Irish Native for their King Eligite vobis Regem vernaculum I asked them further did they indeed know none at all of the Irish Clergy yet surviving none of that very Congregation guilty of any of those matters or of any part of the Blood spilt in the late unhappy Wars or thought they it needless indeed to ask pardon of the King for such men in general or did they not know there was no Act of Indempnity yet for any such at least Clergy-men And then added Alas Fathers what a reproach will the very Presbyterians of Scotland whom you esteem the worst sort of Hereticks be unto you They have throughout all their Synods and Classes both unanimously and justly too agreed to beg the Kings Pardon and accordingly have beg'd and obtained it for their former actings And I have my self read their Petitions to that purpose in Print You that esteem your selves the only Saints for a holy Apostolical Religion will you come short of them in your duty Take heed Fathers that if you persist in your inconsiderate resolution I may not properly and truly for this very cause say to you that which our Saviour did in the Gospel to his own Countrymen the Jews who were yet the only people entrusted with the Oracles of God Amen dico vobis quoniam publicani peccatores precedent vos in Regnum Dei And here I expostulated again with the Bishop of Ardagh even before all the Fathers for his contrivance or at least very strange mistake both of my intention and words when I delivered my sense to his Lordship some two days before the Assembly sate first concerning such a Petition from them And repeated there in publick what passed between him and me on that Subject as you have it before at large Sect. 9. pag. 640. From hence I returned again to the former Subject of the
that I my self had been much against the trouble of either presenting or writing it because I had clearly seen all along the stubborn unflexible resolution of the Demagogues and most of the inferiour Multitude who would hear no reason and consequently that it would have no effect upon such men of byass And yet after all that pressed by the reasons and importunities of many of those Loyal Subscribers of the former Remonstrance I drew that Letter for them and subscribed it too as one of them which I now give you here The Expostulatory Letter directed to the Chairman of the Congregation by such of the Ecclesiastical Subscribers of the former Remonstrance or of that of 1661 as were at Dublin and not Members of the Congregation delivered and read publickly a little before that National Meeting Dissolved Right Reverend and our very good Lord IT is notoriously known to the whole Kingdom That the present National Representative of the Irish Roman-Catholick Clergy is now convened in this Capital City of Ireland in order to their Signing a Remonstrance or Declaration and Promise of their future Loyal fidelity and obedience in all Temporal things whatsoever according to the Laws of the Land to our Dread Soveraign Charles the Second to the end That not only His Majesty nor only His Councils of State and Parliaments but also all other His Majesties Protestant Subjects of whatever different Religion Perswasion or Opinion as to the way of truly and rightly worshipping God may be throughly satisfied That the Roman Catholicks of Ireland even the most Reverend and Sacred Representative of all their Ecclesiasticks do now at last freely and conscientiously under their own proper hands in a publick Instrument profess themselves to be and even according to their divine Faith or true infallible Principles of right Christianity and of the Catholick Church to be as much obliged if not more in point of conscience to continue evermore faithfully subject and obedient in all such Temporal matters and according to all such Laws of the Land to His Majesty and lawful Successors in all contingencies that may happen as any other even of whatever Church or Sects either hold themselves bound or indeed by the Laws of God are otherwise bound to His Majesty or to any other their respective Soveraign Princes or States on Earth Nor is it less manifestly known how great and urgent the very special causes are which even of necessity require such a Remonstrance or Declaration and Promise or Protestation from this present Ecclesiastical Assembly For who is he can be ignorant of those just suspitions of an inclination to return again to disloyal both Principles and Practices under which the generality of Irish Catholicks Clergy and People do lye yet continually amongst their fellow Subjects of the Protestant Religion Or who indeed but knows the true source of those very great and not to be wondred at jealousies especially that which cannot be dried up in our days even the fresh memory of all that hath been so lately acted in Ireland against the Protestant Church and People by the Confederate Roman Catholicks of that Nation in the last unhappy Wars Nay who is not sensible of the miserable condition even at present of so many Thousands of our unfortunate Countreymen Or who sees not this condition is one fatal effect of that suspicion or rather as I should say of that firm perswasion amongst Protestants of the Disloyaltie of the Roman-Catholick Irish in general besides is it not as generally known How that to allay for the future that very suspicion lessen hereafter that very perswasion which hath even so lately i. e. since His Majesties happy Restauration blasted the hopes of so many thousands of our ancient Proprietors and so to vindicate their holy Religion from bearing any share in the blame of those unholy irreligious Practices of some however too too many Professors of it and consequently to obtain the ceasing of that severe Persecution commanded and effectually for some time continued by the Triumvirat in Ireland Anno 1660 a considerable number of Roman-Catholick Irish Ecclesiasticks then at London headed by a Bishop of the same Religion and Nation had in the same year thought it becoming their duty to God Allegiance to their Natural Prince Piety to their Countrey and the Character also of those who as the Sons of Peace desire Christian Peace and a fair friendly and faithful correspondence betwixt all His Majesties Subjects of whatever Church or Nation yea and not only thought it so becoming but after a serious debate conceived it both expedient and necessary To sign as accordingly they did sign a Remonstrance and Protestation of indispensable fidelity and obedience in all temporal matters whatsoever c or a Declaration and Promise of Loyalty indeed so full as might answer in all respects the end above mentioned And is it not likewise known That with the same Irish Ecclesiastick Subscribers of that Remonstrance the greatest and most considerable part by much of the Nobility and Gentry of our Nation at that time in London did joyn themselves and concurr even by the like subscription then or soon after in that very place besides many more also of the rest of the Nobility and Gentry at home in Ireland who next Winter and since have followed the same good example given first at London And to pass over at present how not only several more of the Irish as well Bishops as other learned Clergymen then abroad have much about the same time approved of that very Formulary of professing our Allegiance even some of them by their manual Subscriptions to it and how not only the English Noblemen advised and consulted with by the Irish Nobility at London concerning it have professed publickly in a great Assembly of the aforesaid Irish both Nobility and Gentry That were the case of the Irish theirs they and all the rest of the English Nobility and Gentry of the Roman Communion would willingly sign that Remonstrance in terminis and even sign it with their blood were this necessary but also how the English Chapter of the Roman-Catholick Secular Eeclesiasticks have in a Letter written on purpose by their command signed by their Dean Humphrey Ellice alias Doctor Waring and superscribed to the Bishop of Dromore signified clearly so much in effect of their own approving likewise the same Formulary or that very individual Remonstrance of ours We say that to pass at present all this over Is it not further as manifestly apparent how graciously that Instrument after the signature of it was received by His Majesty How immediately the Persecution in this Kingdom ceased by His Majesties express Command Nay how ever since both People and Clergy of our Communion have enjoyed the great tranquility and freedom in point of exercising our Religion and Functions which we have so gladly seen and which we so thankfully acknowledge to be still continued to us yea in a higher measure enjoyed by us at
the arts he could This was the substance of what Sir George Lane shewed me for the words I remember not as neither do I know nor did I enquire from whom the said Letter shewn me was or whether it was Sandwich's own Letter or the Secretary of States at London or any others What is more material to know is That presently after having return'd to my Lord Lieutenant in the Gallery His Grace commanded me to go directly to the said Primate and tell him what was shewn me and all the particulars and how therefore he must be under a Guard of Souldiers but withall to bid him not to be thereat frighted nor startled but to bear all patiently for a few dayes that there was no further hurt intended towards him but to keep him from hurting others by too much liberty that no less than to be so restrained might be expected where and when such an information was come and finally that within a very little time he should be sent back safely from whence he came last I must confess this Errand was not welcome to me by reason chiefly of the mention which I must have made therein of the Bishop of Ferns for whom I had much respect and kindness For I well foresaw the Primate would if ever they met challenge and charge him with the said Information and thereby in all likelihood add to the afflictions of that already too much afflicted Prelate being he was still abroad an Exile and consequently in some degree or way depending of the favour of the Roman Court and Ministers or at least concern'd mightily not to raise anew their anger against him especially after he had in hopes to be admitted to return home quitted the good condition he had in Gallicia from the Archbishop of St. Diego and come to Flanders where the Bruxels Internuncio was able at any time to hinder him even from the charity of the very Prelates But on the other side I considered not only the necessity of obeying in such a matter the King's Lieutenant but the equity also of my own letting the Primate know all even in case I were not commanded seeing I say matters come to that pass Otherwise he would questionless and others for him would have misrepresented me or perhaps which was yet worse the Lord Lieutenant Himself as who had a mind or design to entrap him the Primate Archbishop or at least had without any cause made him Prisoner This and no other consideration whatsoever was it made me not only tell himself what I was commanded but others also what I had so told himself though with inward grief still for being so necessitated to a relation which I feared might some way prejudice the good Bishop of Ferns though withall I well enough saw at the same time that nothing could be proved against him Canonically there where I feared he might be so prejudiced or hurt as on the other side that some conjuncture might happen when so dutiful an Information given by him to the Kings Ambassadour in Forreign Parts might advantage him at home as truly I think it ought However when I told all to the Primate notwithstanding I first prepared him to constancy and tranquility of mind as well as I could his countenance altered and he seem'd almost besides himself upon hearing the intelligence come from the Ambassador but the mention of a Guard quite dejected him Which made me cheer him with all possible assurances that he should suffer no more than a few dayes very civil restraint Whereupon he presently removed his Lodging to a better Air and there expected the Guard of Souldiers which accordingly was put there on him but observing him with much respect and hindring no person whatsoever man or woman of any degree to visit and stay with him as long and as many together as they or he pleased as neither him even to say Mass to them or exercise other Priestly or Episcopal Function I was my self daily with him to keep him in heart though all I did or said to that purpose could not altogether free him of frightful apprehensions until he found by his own clear experiment the performance of all my words even to a tittle And that he found in this manner According to the Lord Lieutenant's order left to the Privy Council upon his departure to Kilkenny they within about a week or at most fortnight after sent for the Archbishop or Primate Prisoner to be brought before them Where appearing he though much contrary or at least beyond his own frightful imaginations found himself not so much as in any kind of point whatsoever examined so far was he from hearing a word of his confinement to the Kings Castle the best and most favourable doom himself believed did attend him from them not so much as look'd upon severely but only told first they had orders to dismiss or rather send him safely as a banish'd man into any Roman-Catholick Countrey he pleased out of the Kings Dominions and then in the next place briefly and obligingly ask'd Whether he would choose to go to France and if so Whether by long Sea or through England told withall he should have his own choice He answering That he would choose to pass through England to France the Lords of the Council bid him then be ready to ship with the first convenience telling him They would send one with him to the Secretary of State at London who I mean the Secretary would take care for his farther safe passage to and transportation from Dover as also that the person who should accompany him should not be at his charge at all but should have from them whereby to defray his own charges All which being declared by the Lords of the Council they dismiss'd him civilly back to his Lodgings The person they fixed upon to wait on him to London was the City Major one Stanley who accordingly had Forty pounds from the Council to bear his own charges As soon as the wind served and the Primate was ready they went both to Rings-end where I my self was daily with them till they ship'd As soon as they came to London however the Primate feared even his own shadow there especially because the Parliament of England was then sitting yet he found no other there also than a full performance of what he was promised at Dublin For without any examination or question he was thence fairly dismiss'd under the keeping of the same Stanley to Dover and there ship'd by Stanley for Calais where he Landed safely went to Louain and thence writ to me that he was dealt with truly fairly and civilly in every particular as I had promised him he should be Stanley also and the Primat's own servant being returned to Dublin the former from England and the other from Flanders assured me of all the particulars of the Primat's Journey through England What became of Kilfinuragh and Ardagh the other two Bishops and the one playing least in sight and
that they might be free from all tyes of Duty Faith Obedience and Acknowledgment or Recognition of His Majesties Authority over them c. 1. This general Exception proved manifoldly viz. 1. By four several Instances of such Variation 2. By two notable Observations added to those Instances 3. By examining all and every of the several parts periods or clauses of their said Remonstrance and what their meaning in each must be and consequently by discovering all their subtlety of Ampliations Restrictions Abstractions Constractions Modifications Equivocations Reservations in fine all their Evasions and Subterfuges yea their beloved distinctions as well of Fact and Right as of the reduplicative and specificative sense 4. By Eighteen special Exceptions All from pag. 1. to 20 or last of this Second Treatise First special Instance of such variation and most material change 2. Second special Instance thereof 3. Third special Instance 13. Fourth and last Instance 14. These Instances back'd with two notable Observations more First Observation 16. Second Observation 17. One passage of their Remonstrance examined 2 3 5. Another 4. Two more 6. A Fifth 7. Sixth passage 8. Seventh 9. Their Conclusion 10. And after all the very beginning of their Remonstrance however it be in these words We Your Majesties Subjects the Roman-Catholick Clergy of Ireland together assembled do hereby declare and solemnly protest before God and his Holy Angels That we own and acknowledge Your Majesty to be our true and lawful King Supreme Lord and undoubted Sovereign as well of this Realm of Ireland as of all other His Majesties Dominions This very specious beginning and these very words I say as proceeding from the said National Congregation and as relating to all as well the Clauses inserted after as those purposely omitted is and are evidently proved to signifie a meer nothing 10 11. Eighteen special Exceptions against the said Remonstrance of the National Congregation 18 19 20. In the Third Treatise Which considers the Three first Sorbon Propositions as applied and published by the Dublin Congregation THere can be no more assurance of the present or future faith of those Congregational Subscribers from their Subscriptions to the said three Propositions added to their Remonstrance than was before intended by them in or could be from their sole Remonstrance taken according to or in that sense of theirs declared and proved to be theirs in the former Treatise Pag. 21. The unreasonable obstinacy of the Congregation as well in framing their said Remonstrance as in applying their said three Propositions both manifestly and manifoldly appears 23. First and second Argument to prove this ib. Third Argument which is ab intrinseco 24. The said three Sorbon Propositions applied c. 25. Four several Explications of the first of those three Sorbon Propositions and all those Explications own'd by the chief Divines of that Congregation ib. First Exposition 25. Second and Third 26. The Fourth and last 29. Expositions questionless even each or every of them able to â—â—ict from any man this confession that for neither of both parâ—s or both together the first Proposition adds nothing at all to their Remonstrance Pag. 30. Their second Proposition lyable to the same Exceptions Abstractions Reservations Equivocations and even Distinctions of the reduplicative and specificative sense ib. Their third Proposition also how specious soever yet as from them is wholly insignificant as being subject especially to the distinctions of the reduplicative and specificative sense of fact and of right of humane or temporal and divine or spiritual yea of ordinary and extraordinary c. 31. Third Argument in form 30. Proofs that the three Sorbon Propositions both in themselves and as applyed by the foresaid Congregation are lyable rationally to such Constructions 33. Fourth and Fifth Argument 34. An Evasion obviated 35. The Parisian Censure of Sanctarellus at length 35 36. Confirm'd by the seven other Vniversities of France 38. In the Fourth Treatise Containing Answers to the Reasons why the Congregation would not Sign any of the three latter of the Six Sorbon Declarations c. THeir Title might not ungroundedly be turn'd to this other The Jesuits Reasons unreasonable Pag. 39. The three rejected Propositions or Declarations 40. The first Paragraph of their Paper of Reasons c. contains the first or rather onely general Reason alledg'd by the Congregation for rejecting them ib. That general Reason is in effect either the Impertinency of all and each of the said Fourth Fifth and Sixth of the Six late Sorbon Declarations to assure His Majesty of Great Britain of the future Allegiance of the Irish or is the insignificancy of the same three later Propositions to assure Him any more or better of the Irish Clergies Fidelity than His Majesty might have been by their two former Instruments viz. their Remonstrance and their three first of the said six Sorbon Propositions ib. The end which the Author hath in answering as well that first or rather onely indeed but no less false than general Reason as all the rest following I confess pretended but in truth likewise very false specifical Reasons or rather pretended specifical Proofs of the foresaid general one viz. by Induction of particulars ib. The second Paragraph of their Paper i. e. the first of their specifical Reasons or Proofs viz. That they look'd upon the Fourth Proposition of Sorbon as not material in their debate For c answer'd by demonstrating the contrary as to every point of their Allegations 41 42 43 44. Particularly their speaking these words We conceive not c. in their general Reason and in their said first specifical these other words We look'd upon it c. so much in truth against their own certain knowledge and therefore Conscience answered 40 41. And their horned Argument or Dilemma answer'd 42. And their saying that they conceive not what more they might have said thaâ— hath been touch't already positively in their Remonstrance answer'd 43. They might in terminis applying the said Fourth to themselves have said That we do not approve nor ever shall any Propositions contrary unto our Kings Authority or true Liberties of the Irish Church and Canons received in the same Kingdom for example That the Pope can depose Bishops against the same Canons 41. And more at large discoursed upon Pag. 43. And their saying That they admit not any Power derogatory to His Majesties Authority answered 44 45. Third Paragraph of their Paper containing their next two specifical Reasons or Proofs and Arguments for their general one and for what particularly I mean concerns the Fifth Sorbon Declaration viz. their alledging first That whether the Pope or a General Council be above or not above c. is a School Question of Divinity which they thought not material to their affairs to talk of secondly That they conceive it not only impertinent but dangerous c. in the consequence to deny the Pope to be above a General Council for then it would follow that they must