9. He avoids and forbids as unnecessary, the charge of all agents, and commands the majors of every regiment to do that work, and to save the charge. 4. He strictly requires the private soldier out of the said subsistence duly and truly to pay his quarters. 5. In case they shall want their subsistence, they are then required every week to give their respective landlords a note under their hands, which hall be received by the receiver general, as so much money out of any branch of his majesty's revenue. 6. His majesty forbids all straggling of private soldiers from their garrisons without their officers pass; and requires all officers, either military or civil, to apprehend such soldiers having no pass, and send them to their colours, to receive punishment according to their demerits. 7. His majesty by the same proclamation, forbids all plundering on any pretence whatsoever, under pain of death without mercy. 8. He requires both officers and soldiers under the pain of his high displeasure to demean and behave themselves civilly and respectfully in their respective quarters; and to assist and not obstruct the civil magistrates in the execution of their respective trusts, especially the officers concerned in and about his majesty's revenue. 9. He forbids all officers and soldiers to quarter themselves on any of his majesty's subjects, without having a billet or ticket under the hand of the constable or other civil officer of the place. 10. He strictly forbids pressing any country-man's horse on any pretence whatsoever, without having his majesty, his captain general, his lord lieutenant, or deputy lieutenant's license for his so doing; and then allows them to press the said horse but one day's journey, and to see that the horse be returned as well as when received; and particularly forbids the pressing any horse belonging to any plough. 11. His majesty in the same proclamation, enjoyns severe penalties on on all forestallers or obstructers of provision going to either camp or market. Lastly, The respective penalties enjoyned in the said proclamation, are severely and impartially executed on the respective offenders. My family tells me, that the week before they left Dublin, there were two private soldiers executed before a protestant baker's door, for stealing two loaves not worth a shilling. And a fortnight before, a lieutenant and ensign were publickly executed at a place where, on pretence of the king's service, they pressed a horse going with provisions to Dublin market; two others were condemned and expected daily to be executed for the like offence: these severe examples confirming the penalties of these public declarations contribute so much to the quiet of the countrey, that were it not for the countrey raparees and tories, theirs, 'tis thought, would be much quieter than ours. Some of our foreigners are very uneasie to us; had not the prudence of a discreet major prevented it, last Sunday was seven night had been a bloody day between some of the Danish foot and colonel Langston's regiment of horse. The truth is, too many of the English, as well as Danes and French are highly oppressive to the poor countrey; whereas our enemy have reduced themselves to that order, that they exercise, violence on none, but the proprieties of such as they know to be absent, or, as they phrase it, in rebellion against them, whose stock, goods, and estates are seized, and set by the civil government, and the proceed applied for and towards the charge of the war. And for their better direction it's reported and believed, that they have copies of the particulars of the protestants losses, given in to the committee of the late house of commons at Westminister. NUMBER XV. 649 À Protestation of Allegiance, by thirteen Missioners, to Queen Elizabeth, WHEREAS it hath pleased our dread sovereign lady, to take some notice of the faith and loyalty of us, her natural born subjects, secular priests, (as it appeareth in her late proclamation), and, of her princely clemency, to give a sufficient earnest of some merciful favour towards us (being all subject, by the laws of the realm, unto death, by our return into the country, after our taking the order of priesthood, since the first year of her majesty's reign) and only to demand of us a true profession of our allegiance, thereby to be assured of our fidelity to her majesty's person, and crown, estate and dignity; we, whose names are underwritten, in most humble wise prostrate at her majesty's feet, do acknowledge ourselves infinitely bound unto her majesty therefore; and are most willing to give such assurance and satisfaction in this point, as any catholic priests can, or ought to give unto their soveriga, First, Therefore, we acknowledge and confess the queen's majesty to have as full authority, power, and sovereignty over us, and over all the subjects of the realm, as any her highness's predecessors ever had. And farther, protest, that we are most willing and ready to obey her in all cases and respects, as far forth as ever christian priests within this realm, or in any other christian country, were bound by the law of God, and christian religion, to obey their temporal prince; as to pay tribute and all other regal duties unto her highness; and to obey her laws, and magistrates, in all civil causes; to pray to God for her prosperous and peaceful reign in this life, according to his blessed will; and that she may hereafter attain everlasting bliss in the life to come. we think to be so grounded upon the word of God, that no authority, no And this our acknowledgement cause, or pretence can, or ought, upon any occasion, to be a sufficient warrant, more unto us, than to any protestant, to disobey her majesty in any civil, or temporal matter. Secondly, Whereas for these many years past diverse conspiracys against her majesty's person and estate, and sundry forcible attempts of invading and conquering her dominions, have been made, under we know not what pretences and indentments of restoring the catholic religion by the sword (a course most strange in the world, undertaken peculiarly and solely against her majesty and her kingdoms, and unknown among other princes departed from the religion and obedience of the See Apostolic no less than she) by reason of which violent enterprizes, her majesty, otherwise of singular clemency towards her subjects, hath been greatly moved to ordain and execute severer laws against catholics (which, by reason of their union with the See Apostolic, in faith and religion, were easily. supposed to favour these conspiracys and invasions) than perhaps, had ever been enacted, or thought upon, if such hostilities and wars had never been undertaken: we, to assure her majesty of our faithful loyalty also in this particular cause, do sincerely protest, and, by this our public act, make known to all the christian world, that in these cases of conspiracys, and practising her majesty's death; of invasions, or whatsoever forcible attempts, which may hereafter be made by any foreign prelate, prince, or potentate whatsoever, either jointly, or severally for the disturbance, or subversion of her majesty's person, estate, realm, or dominions, under colour, shew, or pretence, or indentment of restoring the catholic religion in England, or Ireland; we will defend her majesty's person, estate, realm, and dominions, from all such forcible and violent assaults and injuries. And moreover, we will not only ourselves detect, and reveal any conpiracys, or plots, which we shall understand to be undertaken by any The Spanish Armada in 1588. prelate, prince or potentate, against her majesty's person or dominione, for any cause whatsoever (as is before expressed) and likewise, to the best of our power, resist them; but also will earnestly persuade, as much in us lieth, all catholics to do the same Thirdly, If upon any excommunications denounced against her majesty, upon any such conspiracys, invasions, or forcible attempts, to be made, as are before expressed, the pope should also excommunicate every one born within her majesty's dominions, that would not forsake the aforesaid defence of her majesty and her realms, and take part with such conspirators or invaders: in these, and all other such like cases, we do think ourselves and all the lay-catholics born within her majesty's dominions, bound in conscience not to obey this or any such like censure; but will defend our prince and country, accounting it our duty so to do, and, notwithstanding any authority, or any excommunication whatsoever, either denounced, or to be denounced, (as is before said) to yield unto her majesty all obedience in temporal causes. And because nothing is more certain, than that, whilst we endeavour to assure her majesty of our dutiful affection and allegiance, by this our christian and sincere protestation, there will not want such as will con demn and misconstrue our lawful act; yea, and by many sinister sugges tions and calumnies, discredit our doings with the christian world; but chiefly with the pope's holyness; to the greatest prejudice and harm of of our good names and persons, that may be; unless maturely we prevent their endeavours therein; we most humbly beseech her majesty, that, in this our recognizing and yielding Cæsar's due unto her, we may also, by her gracious leave, be permitted, for avoiding obloquies and calumnies, to make known, by like public act, that, by yielding her right unto her we depart from no bond of that christian duty, which we owe unto our supreme spiritual pastor: and, therefore, we acknowledge and confess the Bishops of Rome to be the successors of St. Peter, in that See; and to have as ample, and no more authority or jurisdiction over us, and other christians, than had the apostle, by the gift and commission of Christ our Saviour; and that we will obey him so far forth, as we are bound by the laws of God to do; which we doubt not but will stand well with the performance of our duty to our temporal prince, in such sort as we have before professed. For as we are most ready to spend our blood in the defence of her majesty, and our country, so we will rather lose our lives, than infringe the lawful authority of Christ's catholic church. N. B. Dr. William Bishop, who was principally concerned in drawing up this protestation, was afterwards appointed by the the See of Rome Bishop of Chalcedon: Dod's Eccl. Hist. vol. ii. NUMBER XVI. [Account of the Debates on the Popery Laws, 2 Ann.] The several Arguments of sir Theobald Butler, counsellor Malone, and ir Stephen Rice, at the Bar of the House of Commons of Ireland, February 22d, at the Bar of the House of Lords, February 28th, 1703, against passing the Bill intitled, An Act to prevent the further Growth of Popery. [Sec Review, p. 536.] THE papists of Ireland observing, that the house of commons were preparing the heads of a bill to be transmitted to England, to be drawn up into an act, to prevent the further growth of popery, and having in vain endeavoured to put a stop to it there; at its remittance back again to Ireland, presented to the house of commons a petition in the names of Nicholas ford viscount Kingsland, colonel J. Brown, colonel Burk, colonel Robert Nugent, major Pat. Allen, captain Arthur French, and other Roman catholics of Ireland, praying to be heard by their counsel against the passing the 'said bill, then under consideration of the said house; and to have a copy of the bill, and a reasonable time to speak to it before it passed. Which petition being referred to the committee of the whole house, to whom the consideration of the said bill was referred, it was ordered, that the petitioners should have a copy of the said bill, and be heard by their counsel, before the said committee." And in pursuance of that order, sir Theobald Butler, counsellor Malone and sir Stephen Rice, (the two first in their gowns as counsel for the petiti oners in general, and the last without a gown, only as a petitioner in his private capacity) together with many others, upon Tuesday the 22a of February, 1703, appeared at the bar of the said house of commons, where sir Theobald Butler first moved and acquainted the house, that, "by the permission of that house, he was come thither in behalf of himself, and the rest of the Roman catholics of Ireland comprised in the Articles of Limerick and Galway, to offer some reasons, which he and the rest of the petitioners, judged very material against passing the bill, intituled, An act to prevent the further growth of popeny; that by leave of the house, he had taken a copy of the said bill (which he had there in his hand), and with submission, looked upon it to tend to the destroying of the said articles, granted upon the most valuable considerations of surrendering the said garrisons, at a time when they had the sword in their hands; and for any thing that then appeared to the contrary, might have been in a condition to hold out much longer, and when it was in their power to demand, and make for themselves such terms, as might be for their then future liberty, safety and security: and that too, when the allowing such terms, were highly advantageous to the government, to which they submitted; as well for uniting the people, that were then divided, quieting and settling the distractions and disorders of this then miserable kingdom, as for the other advantages the government would'thereby reap in its own affairs, both at home and abroad; when its enemies were so powerful both by sea and land, as to give doubt or interruption, to peace and set'tlements. "That by such their power, those of Limerick did for themselves, and others therein comprized, obtain, and make such articles, as by which, all the Irish inhabitants in the city and county of Limerick, and in the counties of Clare, Kerry, Cork, Sligo and Mayo, had full and free pardon of and for all attainders, outlawries, treasons, misprison of treasons, felonies, trespasses and other crimes whatever, which at any time from the beginning of king James the second, to the 3d of October 1691, had been acted, committed, or done by them, or any of them; and by which they and their heirs were to be forthwith put in possession of, and for ever possess, and enjoy all and every of their freeholds and inheritance; and all their rights, titles, and interests, privileges and immunities, which they and every of them held and enjoyed, and by the laws in force were entituled unto, in the reign of king Charles II. or at any time since, by the laws and statutes that were in force in that reign, &c. And thereupon read so much of the second article of I imerick, as tended to that purpose. "That in the reign of king Charles the second, the petitioners, and all that were entituled to the benefit of those articles, were in such full and free possession of their estates; and had the same power to sell, or othewise to dispose, or convey them, or any other thing they enjoyed; and were as rightfully intituled to all the privileges, immunities and other advantages whatever, according to the laws then in force, as any other subjects whatsoever, and which, therefore, without the highest injustice, could not be taken from them, unless they had forfeited them themselves. "That if they had made any such forfeiture, it was either before or after the making the said articles: if before, they had a full and free pardon for that by the said articles, &c. and therefore are not accountable by any law now in force for the same; and for that reason not now to be charged with it, and since they cannot be charged with any general forfeiture of those articles since, they at that same time renamed as absolutely intituled to all the privileges, advantages and benefits of the laws both already made, and hereafter to be made, as any other of her majesty's subjects whatsoever. "That among all societies there were some ill people, but that by the 10th article of Limerick the whole community is not to be charged with, nor forfei: by, the crimes of particular persons. "That there were already wholesome laws in force sufficient, and if not, such as were wanting might be made, to punish every offender accord. ing to the nature of the crime: and in the name of God let the guilty suffer for their own faults; but the innocent ought not to suffer for the guilty, nor the whole for any particular. That rely they would not now they had tamely got the sword out of their hands) rob them of what was then in their power to have kept; for that would be unjust, and not according to that golden rule, to do as they would be done by, was the case reversed, and the contrary side their own. "That the said articles were first granted them by the general of the English army, upon the most important considera ion of getting the city of Limerick into his hands (when it was in a condition to have held our, till it might have been relieved by the succours then coming to it from France) and for preventing the further effusion of blood, and the other ill consequences which (by reason of the then divisions and disorders) the nation then laboured under; and for reducing those in arms against the English government to its obedience. "That the said articles were signed and perfected by the said general, and the then lords justices of this kingdom; and afterwards ratified by their late majesties, for themselves, their heirs and successors; and have been since confirmed by an act of parliament in this kingdom, viz. stat. 9. Guil. 3. ses. 4. chap. 27. (which he there produced and pleaded), and said could not be avoided without breaking the said articles, and the public faith thereby plighted to all those comprised under the said articles, in the most solemn and engaging manner, is possible for any people to lay themselves under; and than which nothing could be more sacred and binding. That therefore to violate, or break those articles, would on the contrary be the greatest injustice possible for any one people of the whole world to inflict upon another, and which is contrary to both the laws of God and man. "That pursuant to these articles, all those Irish then in arms against the government, did subunit thereunto, and surrendered the said city of Limerick, and all other garrisons then remaining in their possession; and did take such oaths of fidelity to the king and queen, &c. as by the said articles they were obliged to, and were put into possession of their estates, &c. |