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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 in their seizures, it's reported and believed, that they have copies of the particulars of the protestants lofles, given in to the committee of the late house of commons at Westminster.
A Protestation of Allegiance, by thirteen Missioners, to Queen
Elizabeth, January 31st, 1602. Taken from Henry Moore's
WHEREAS it hath pleafed our dread fovereign lady, to take some notice of the faith and loyalty of us, her natural born subjects, fecular priests, (as it appeareth in her late proclamation) and, of her princely clemency, to give a fufficient earnest of some merciful favour towards us (being all subject, by the laws of the realm, unto death, by ir return into the country, after our taking the order of priesthood, fince 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 wife prostrate at her majesty's feet, do acknowledge ourselves infinitely bound unto her majesty therefore ; and are most willing to give such aflurance and satisfaction in this point, as any catholic priests can, or ought to give unto their sovereign.
Firft, 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, we 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. And this our acknowledgement we think to be so grounded upon
the word of God, that no authority, no cause, or pretence cap, or ought, upon any occafion, 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 Apoftolic 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 feverer laws against catholics (which, by reason of their union with the See Apoftolic, 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 perfon, 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 perfon, estate, realms, and dominions, from all such forcible and violent assaults and injuries. And moreover, we will not only ourselves detect, and reveal any conspiracys, or plots, which we shall understand to be undertaken by any prelate, prince or potentate, against her majesty's person or dominions, 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 as in us lieth, all catholics to do the same.
Thirdly, If upon any excommunications denounced against her majesty, upon any such conspiracys, invafions, 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 aforefaid 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
* The Spanish Armada in 1588.
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 condemn and misconstrue our lawful act; yea, and by many finister suggestions and calumnies, discredit our doings with the christian world; but chiefly with the pope's holyness; to the greatest prejudice and harm 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 fucceffors of St. Peter, in that See; and to have as ample, and no more authority or jurisdiction over us, and other christians, than had that 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 fort as we have before profeffed. 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 law. ful authority of Christ's catholic church. Robert Drury,
Anthony Champney, Robert Charnock, John Jackson William Bishop,
John Bofwille, Francis Barnaby, John Colleton, Antony Hepburn, Oswald Needham, John Mush,
Roger Cadwaller. Richd. Button,
N. B. Dr. William Bishop, who was principally concerned in drawing up this protestation, was afterwards appointed by the See of Rome, Bishop of Chalcedon. Dod's Eccl. Hift. vol. ü.
NUMB. XVI. [Account of the Debates on the Popery Laws, 2 Ann.] The several Arguments of Sir Theobald Butler, Counsellor
Malone, and. Sir Stephen Rice, at the Bar of the House of Commons of Ireland, February 22d; and 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.
[See Review, vol. ii. p. 237.] 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 ftop to it there at its remittance back again to Ireland, prefented to the house of commons a petition in the names of Nicholas Lord 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 houfe, 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 confideration of the said bill was referred, it was ordered, that the petitioners should have a copy of the faid bill, and be heard by their counsel, before the said committee.
And in pursuance of that order, Sir Theobald Butler, Counfellor Malone, and Sir Stephen Rice, (the two first in their gowns as counsel for the petitioners in general, and the last without a gown, only as a petitioner in his private capacity) together with many others, upon Tuesday the 22d 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 popery; that by leave of the house, he had taken a copy of the said bill (which he had there in his hand), and with fubmiffion, 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 fecurity : 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
3 when its enemies were so powerful both by sea and land, as to give doubt or interruption, to its peace and settlement.
“ 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 attain ders, outlawries, treafons, mifprision of treasons, felonies, trespasses and other crimes whatever, which at any time from the beginning of king James the Second, to the 3d of O&tober 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 poffeffion 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 fecond article of Limerick, 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 poffesfion of their estates; and had the famé power to sell, or otherwise to dispose, or convey them, or any other thing they enjoyed ; and were aś 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 fame; and for that reason not now to be charged with it, and fince they cannot be charged with any general forfeiture of those articles fince, they at that same time remained as absolutely