The Censure and Approbation of the most Illustrious and most reverend Thomas Dece, doctor of divinity of the university of paris, and Lord Bishop of Meath.  
I The undernamed, having seriously perused, and exactly examined the answers made to the Queres by the Right reverend Father in God, david Lord bishop of Ossory, and by the divines, thereunto subscribing, do esteem the same worthy to be published in Print, to the view of the world, as containing nothing, either against God, or against caesar, but rather, as I conceive, the Answearers in the first place, do prove home, and evidently convince, the excommunication, and other censures of the Lord Nuntio, &c. to haue been groundless, and void even of their own nature, and before the appeal, and besides do manifestly convince, that in case the Censures had not been such of their own nature, yet the appeal interposed suspends them wholly with their effects consequences, and jurisdiction, of the judge, or Iudges &c. And withall do solidly, and learnedly, vindicat from all blame the fidelity, integrity, and prudence of the supreme council, in all their proceedings, concerning the Cessation, made with the Lord Barton of Inchyquin; notwithstanding the daily increasing obloquys, and calumnies of their malignant opposers. In the second place, the Answearers do sufficiently instruct the scrupulous, and ignorant missed people, exhorting them to continue, in their obedience to supreme Authority: as they do, in like manner confute and convince efficaciously ●he opposition of such obstinat, and refactorie persons, as do presume to vilify, and tread underfoot, the authority established, in the kingdom, by the Assembly of the Confederat catholics. And finally the Answearers dutifully, and loyally do invite all true hearted Subiects to yield all due obedience to their sovereign, and to any other supreme civil Magistrate, subordinat, and representing the Soueraignes supreme authority, according the Law of God, the Law of the Church, and the Law of the Land.  
given at Kilkenny the 17 of. Aug, 1648, Thomas Medensi●   

An other approbation.  
BY the perusal of this Treatise entitled Queres and Answers, I am induced, to concur with other eminent Survayers therof, That it contains nothing contrary to approved doctrine, sound Faith, or good manners; and therefore that behooffull use may be made thereof, by such as love truth and sincerity.  
7. August. 1648. Thomas Rothe dean of St. Canice And Protonotary apostolic. &c.   

An other Approbation.  
HAving perused by Order of the supreme council, the Queres propounded by the Supreme council, &c. with answers given them by the Right Reverend DAVID, Lord Bishop of Ossory, and other Divines, and being required to deliver my sense of this worke●, I do signify That I find nothing in the said Queres or Answers against catholic Religion, good life or manners, but much for their advancement, and great lights for the discovery of Truth: I find by evident proofs declared, that the council in this affair of Cessation, appeal interposed against, and other proceedings had with the Lord Nuncio, and his adherents, carried themselves with a due resentment of the general destruction of the kingdom, and with a true and knowing zeal of loyalty for maintenance of the catholic Religion, Iustice, lawful authority, the lives, estates, and rights of the confederates: I find by uncontroullable reasons proved, that the confederates cannot without worldly ignominy, and divine indignation fall from the said Cessation, while the conditions are performed, and time unexpired: I find lastly hence, and by other irrefragable arguments, that all and every of the Censures pronounced either by the Nuncio, or any else against the council, or other confederates upon this ground of concluding, or adhering to the Cessation, are unreasonable, unconscionable, invalid, void, and against Divine and human laws of Nature, Scripture, Nations, and Canons of holy Church, This is the sense of  
Kilkenny the 4. of August 164● james Talbot Doctor of divinity   

The Approbation of the Fathers of the society of IESUS  
THe ensuing Answers to the Queres, being learnedly, and laboriously performed, replenished with variety of both moral and Divine Doctrine, as the many Authors, Canons, and places of holy Scripture therein cited, do abundantly manifest, containing nothing contrary to catholic Faith, and Religion, we judge most worthy to be published as an efficacious mean to remove scruples, to satisfy each one, and to settle the consciences of all sort.  


Henr. Plunket, superior of the Soc. of Ies. at Kilkenny.  
Will St. Leger, of the same Society.  
Robert Bath, of the same Society.  
Will. Dillon. of the Society.  
Christopher Maurice of the same society.  
John usher, of the same Society.     

An other Approbation.  
BY Order from the supreme counsel, I haue perused these Queres with their answers, and do find nothing contrary to the catholic Religion or good manners: nay rather that they contain very solid doctrine, well grounded vpon the Holy Scriptures and authorized by the Doctors and Fathers of the Church, and are most worthy the press, whereby the world may be satisfied and the most tender Consciences resolved in their groundless scruples, and many dangers removed, the which unsatisfied might threaten ruin on a catholic common wealth  
james Talbot, professor of divinity, sometime Visitatour of Saint Augustins Order in Ireland &c.   

An other Approbation.  
having perused this book of Queres, and answers made unto them by the most Rd. Father david Lord Bishop of Ossorie and several divines of most Religions and exemplar life, and eminent learning, I see nothing contrary to faith, or good manners: nay rather judge it a very solid, and profitable work, grounded on the laws of Nature, of God, and of Nations, confirmed by Councells, taught and preached by the Holy Doctors, and Fathers of the Church, and most worthy to be printed forthwith, That to the World may appear, the just and most conscionable carriadg of the supreme council, and their adherents( in this controversy about the Cessation) and the vnwarantable and illegal proceedings of the Lord Nuncio, and others of the clergy and Laity, who for ends repugnant to their Oath of Assosiation, seem disaffected to the English government( as it was even in catholic times] and wholly auers from any Peace, or settelment whereby our dread sovereign Lord and King might bee relieved from his present sad condition.  
Kilkenny. 12. Aug. F. Thomas Talbot one of Her majesties chaplains.   

The Approbation of divines of saint Francis's Order.  
WE haue diligently red this work, and seen in all pages and partes thereof Truth enfranchizd, Ignorance enlightened, the councils present proceedings for the Cessation and against the Censures vindicated from injustice, as the Opposers of their Authority are convinced of sinnfull disobedience, and perjury.  
Kilkenny the x. of Aug. 

Fr: Thomas Babe.  
Fr: Ludouick fitz Gerrald  
F. Paul Synot.  
F. james dela-Mare     

THE SVPREAME COVNCELS LETTER TO THE MOST illustrious And Reverend David Lord Bishop of Ossory, concerning the assembling of Divines, and returning his, and their result on the Queres.  
FInding that to the great hindrance of the public quiet, and the benefit of the Common-enemie, the Lord Nuncio hath issued his Excommunication, and thereby, so far as in him lay, distracted the kingdom, and divided the Nation, notwithstanding that by our appeal presented unto him the fourth of this month, his Graces further proceedings, according the Law are to be suspended. Yet because it concerns the duty we owe the kingdom, to omit nothing that may remove the least scruple in any of the Confederate catholics, by which he might avoid the visible breach of his Oath of Association, by declining the authority entrusted with us, we have thought fit to let your Lordship know, it is our pleasure, and accordingly we pray your Lordship, to assemble forthwith all the Secular and Regular clergy, and all other the able Divines now in this city together before you, and to get their present result upon the enclosed Propositions, to be transmitted to us withall speed. We know your Lordship so zealous a Patriot, and so desirous of settling the Consciences of such few of your stock as may happily be yet unsatisfied, as you will use all possible expedition herein, which is earnestly recommenended to your Lordship by  
Your Lordships very loving friends 

Athenry.  
Patr. Brian.  
Luk. Dillon.  
joh. Walsh.  
Rich. Belling.  
Rob. Devereux.  
Gerald fennel.   Kilkenny Castle 14. june. 1648.   

THE QVERES.  
1. WHether any, and if any, what parte of the Articles of the Cessation with the Lord of Inchiquin is against the catholic Religion, or just ground for an Excommunication?  
2. Whether you hold the appeal by us made and interposed within the time limited by the Canon law, and apostles being granted thereupon, be a suspension of the monitory Excommunication, and Interdict, and of the effects, and consequences thereof, and of any other proceedings or Censures, in pursuance of the same?  
3. Considering that the propositions of the Lord Nuncio now printed, were offered by his Lordship as a mean whereby to make the Cessation conscionable, whether our answers thereunto, likewise printed, are so short, or unsatisfactory, and wherein, as they might afford just grounds for an Excommunication?  
4. Whether the opposing of the Cessation against the positive order of the council by one who hath sworn the Oath of Association, be perjury?  
5. Whether if it shal be found, that the said Excommunication and Interdict is against the law of the Land, as in catholic time it was practised, and which laws by the Oath of Association all the prelates of this land are bound to maintain, can their Lordships( notwith standing and contrary to the positive orders of the supreme council to the contrary) countenance or publish the said Excommunication, or Interdict?  
6. Whether a dispensation may be given unto any person or parties of the confederates, to break the Oath of Association without the consent of the general Assembly, who framed it, as the bond and ligament of the catholic Confederacy and union in this kingdom; the alteration or dissolution whereof being by their orders reserved onely unto themselves?  
7. Whether any person of the confederates upon pretence of the present proceedings of the Lord Nuncio, may disobey the orders of the supreme council?   

Answers made to the foresaid Queres, by the most reverend Father in God David Lord Bishop of Ossory, and by the Divines.  

The Preface in form of Letter, directed to the Right Honourable the Supreme council.  
as well in obedience to your Honours commands, as for satisfaction of our Consciences,& guiding souls committed to our charge, or cleared their scruples, and resolving such from perplexities, who come to us for their spiritual instruction, We have seriously considered the Questions delivered us from your Lordships: And having first proposed God before our eyes, with firm resolutions, to have no other judgement of these, or any of them, but what should be wholly and purely conformable to the doctrine of the holy Roman Church, to the inviolable Decrees of sacred Canons, to the common sense of most famous Divines, to the known practise of other catholic Nations, and to the manifest principles of the very law of Nature: and after diligent pervsall of all the proceedings past between your Lordships and the Lord Baron of Jnchiquyn, and the Lord Nuncio and Congregation, from the first day this Cessation was entertained by treaty, until the present; having duly pondered all and each of the said Lord Nuncios and Congregations arguments against it, with the satisfaction given them always by your Lordships:& withall after much labour taken by us for several dayes, in turning Divines and Canonists, and weighing the strongest objections either made by the Lord Nuncio and Con, gregation which indeed, withall submissive reverence be it said, are but groundless& too too weak suspicions no way proved) or which ourselves could frame against ourselves: wee have fixed unanimously and constantly on the following answers, without( as we call God to witness) the least scruple of swerving from divinity, Law, or Reason.  
And although We are not ignorant how the dean of Firmo by authority from the Lord Nuncio published Commands, Censures and penalties against all Divines& Canonists who should deliver their opinions for the cessation until, or before they had accosted his Lord ship, and Congregation, to hear from them the reasons which oppose it; yet in regard it appears unto us evidently after mature deliberation and exact debate, that such commands, Censures, and penalties are not onely most unreasonable and unjust, but also invalid, since they would take away from us that just liberty, which throughout all the world, is of right belonging to, and absolutely requisite to be resident in Divines, viz. to answer Cases of Conscience occurring or proposed[ it being otherwise impossible for them, either to govern their own consciences or direct others, but all should often live in tormenting perplexities; which is repugnant to the law of God) And since our going to the Lord Nuncio and Congregation, would be to no other purpose, then to hear and see his Lordships objections against the cessation; all which we have already, to the least word, perused in the books given us by your Lordships directions( for there can be no kind of likelihood, that wee should receive from his Lordship or Congregation, any better or stronger reasons; then what he hath given your Lordships, to whom questionless it was more material and for their purpose to give them, and with whom they laboured somuch for point of conscience( as they pretended) to hinder the conclusion of this business; since also there are such considerable difficulties in going to his Lordship, neither day or place prefixed for any, that would go; the distance, and dangers of the ways, being such as are known; and, which is above all, his Lordship residing in a place, and amongst an Army, which stands in opposition to the council, and seeming to have made himself, with these few Bishops about him, a party to side with refractories& open enemies to the kingdom; besides, no safe conduct given, or offered us, and the settling of our own, and of all other souls committed to our charge, admitting no delays in so great a difference, and so near concerning us: since likewise, it is manifestly consequent out of our answers given to the first, and second Quere, that as the Lord Nuncio's Censures against your Honours, and your adherents in the principal cause, are of no force as well by reason of the intolerable errors, which with much reverence& due submission we say), they contain, as of the appeal interposed, both which do jointly and severally disannul them; so the deans censures and all others, if there be any else, issued hitherto, or henceforth to be issued against us, or any who should give their opinion for, or approbation to the said Cessation, are for the same reasons thoroughly invalid, yea should we grant that such persons, as issued them had even in righteous causes a lawful power over every& each of us; which is yet very questionable: we are therefore so far from apprehending any unlawfulness in delivering freely before the world our opinion in this matter, that in the present circumstances, specially being required by your Lordships, wee conceive it our duty to the public, and a merit before God; praying hearty to heaven, that the ignorant may find instruction, the wavering settlement, and the refractories that reproach of their unjust proceedings, which may reclaim them, in these answers of  
Our very good Lords Your most devoted Servants. David Ossoriens. And the rest who subscribe to the answer.   

The First Quere answered.  
SVPPOSING here, as a tenet undeniable by any catholic, That the faithful may without breach of Conscience, conclude and observe 
Vide Bonu●in. tom. 2. d. 3. q. 2. p. 8. Turrian. do just.& jur. d. 87. dub. 2. lay-man.& Becan. infrae citandos  Cessations of arms, yea constant leagues, and peace with infidels, and heretics: whereof wee see before our eyes, most warrantable presidents, even in holy scriptures,& practise of the Saints of God; as that of Abraham 
Gen. 21. v. 27.  with Abimeleck; of Iosua 
Iosue, 9. v. 9.15.  with the Gabbaonits; of Samuel with the Ammorrhits 
1. Reg. 7. v. 15. ; of many faithful kings of Iuda 
4. Reg. 3.2 Paralip. 16. v. 3.&. 18.3.& 36. 1. Reg. 28.29  with the Idolaters of Israel, or Samaritans;& of the valiant maccabees 
1. Maccab. 10. v. 6.44& 12.43& 2. Ma● 11. v. 15.&. 14. v. 23.24.25. ( who in their time were the Champions of Religion& approved by God) with the romans, Spartiats,& some successors of Alexander, to whom they gave donaries,& whose Regallity they acknowledged: whereof also wee haue for so many ages, the always allowed practise of almost all Christian catholic Princes 
Knoul●s Turk. hist. & States; of the Emperour of Constantinople& Germany, the Kings of Hungary, Poland, France, the State of Venice,& many other catholic Princes with the Turks; of the Kings of spain 
Vindicia Gallicae.  with the Moors of seville, Granado, Valentia &c; of St. Gregory the great, Pope of Rome with the Arrian Longobards 
baron.& Spond. ad an. 598. ; of Charl●s the fift no less mighty then religious Emperour,& of his successors with the Lutherans 
Auctar. Chro. ad anal. Baron. ad an 1547.& Hist. Turc. in Achmat.  of Germany, with Henry the 8. excommunicated,& with denmark, Holland, Scotland, Sueland, &c; Finally of the most Christian Kings of France with Hugonots 
Surius ad an. 1567. :  
Supposing likewise another undoubted truth, maintained by all divines, who ever yet put pen to paper, as Beacan 
Becan in Opuscul. Theol. de Fide Haeret. t. 7.& Lateran. Constant. tried. apud eundem in Miscellanijs. Idem in sum. Theol ●●h eod. Tit. quaest. 1. 2. 4. 5. Bonac. tom. 2. disp. 3. q. 2. pu. 8. §. 2. Turrian. de Iustitia 〈◇〉 jure. d. 87. dub. 2.  advertised(& conformable to the decrees of 3. general councils) to wit, That tis not lawful to break contracts made with, or public faith given to heretics, nor to fall from Cessations, or peace concluded with them, while the conditions are performed, and the time unexpired,); no, not even in case religion did seem notably endamaged by their observation, as Molanus 
lay-man. l. 2. tract. 3. ca. 12. con. 4 Ioa. moll. de Fid. haereticis ser. cap. 14  and lay-man expressly hold, and excellently prove hence, That no evil so great can happen religion out of their observation as the scandal& consequences would arise out of the contrary position, if it were maintained& practised by catholics as true or conscionable; 

Verba Layma. Dico IV. Si Catholici cum haereticis publicum foedus ineant, non potest per auctoritatem Pontificiam solvi, aut relaxari. Haec est doctrina à when Molano praecipué intenta. Probatur: Licet enim, si quaedam praecisé spectentur, videlicet quod haeretici propter Baptismum, Ecclesiasticae iurisdictioni subiecti sunt;& ob odium ac poenam ipsorum, jure compellantur ad remissionem foederis in Ecclesiae detrimentum cedentis: aut, si recusent, ipsis etiam invitis relaxatio fieri queat, per supremam Ecclesiasticam potestatem; attamen, spectatis omnibus, adeòque absoluté negari debet, id à summo Pontifice fieri posse. Quandoquidem is non habet potestatem dispensandi aut relaxandi in detrimentum Ecclèsiae; talis autem, relaxatio cederet in gravissimum Ecclesiae detrimentum: quia cúm haeretici Catholicae Fidei hostes, in omni foedere cum Catholicis inito exclusam velint Papalem relaxandi potestatem; ideo apud ipsos,& omnes nationes infidels blasphemabitur nomen Domini,& Religio Catholica in contemptum veniet,& plura mala ingentia sequentur, si dicatur, nos cum Pontificis nostri consensu, foedera publica, contra ius gentium, erga hostes nostros violare. Hoc autem tam grave malum est, ut nullum incommodum seu detrimentum Ecclesiae Catholicae, ex foederis observatione inferendum, ita magnum videri debeat sperantibus in Deo,& Christo summo Ecclesiae defensore, qui auxilium sort in tempore opportuno.  
Verúm haretici huius temporis Calvinistae egregié astuti sunt. Vt enim impunè ipsis liceat pacta cum Catholicis inita violare, causam praetexunt, quód jesuitae,& alij Catholici doceant, fidem haereticis( quails se esse conscientia ipsis dictat) servandam esse: talibus autem, qui fidem violare parati sunt, fidem servari non oportere: cúm tamen interim fidem publicam à Catholicis violatam fuisse, nullo exemplo oftendere possint, multó minùs, quod Catholici doctors in ea, quam dicunt, sententia sint, Fidem haereticis servand am non esse. Ecce enim tam Iesustae, quam alij doctors Catholici contrarium apertè profitentur ac docent: fidem publicam haereticis datam, inviolabiliter,& sine ullo dispensationis, aut absolutionis remedio servandam esse, quamdiu ipsi servare parati sint.   out of which doctrine these great divines most soundly& religiously infer that even his Holinesse cannot dispense in this strait tie of fidelity:  
Supposing( we say) both these tenets as they cannot but be worldly admitted, our answer to the first question is, That sithence it is manifest by what is said, how a truce, league or peace with enemies of our faith, is not in itself unlawful, especially where either the necessity or profit or advancement of the affairs of true Religion expected thence do warrant it, and since it is no less clear, how its against conscience to fall, contrary to promise given, from such public contracts, or faith engaged, since likewise none of the articles of Cessation with the Lord of Inchiquyn( either in their own nature, according any common or proper sense the words may have, or taken together with the circumstances of the time& condition the confederates were in at their conclusion) involves any evil, we must confess and aver none of the said articles to be against catholic Religion, or just ground for Excommunication; this just ground implying in itself an evil( and a mortal evil 
Suar. tom. 5. de Censu. disp. 4 sect. 4.& alij omnes.  or sin) according to the unanimous consent of all Divines, yea an exterior and visible 
See the Doctors on Bulla Coena, where they treat of ex communication against heretics. read likewise the Divines in their treatises of laws and where they inquire whether interior acts of the mind may be commanded or prohibited, or whether the sins of the heart, as wicked intentions &c, not sufficiently discovered in the exterior, may be punished by holy Church, as with Excommunication or otherwise? and they answer negatively. lay-man. l. 1. de leg. tract. 4. cap. 4. assert. 7. cites thē in great numbers. And indeed the very Canons expressly define this truth, cap. Sicut. de Simon.& cap. Tua nos. eodem titul.  sin, as they teach. And that no such evil lieth hidden in these articles, or any thing disadvantageous to catholic Religion, wee are certainly persuaded it may be evident to any that will take away the film.  
First, because there is not a word in them either positively( as it is manifest) or negatively( if all the circumstances be considered) against Religion, justice, or good life: and, which is far more, that by the second and fifth, special provision is made for the advancement of Faith and virtue throughout all the said Lord of Iuchiquyns quarters,( a few Garrisons excepted) by free exercise of catholic Religion and function( yea by possession of Churches and Church livings, where we held them at the comencement of the treaty) in as ample manner as in our own quarters. Which questionless is no small advantage to Religion, and which could not be acquired by war hitherto, though the hazard cost much blood, and many lives to the confederates.  
Secondly in regard of the then present great necessity of our affaiers: the power of the enemy so increased in all parts of the kingdom& particularly in Mounster; all ports, besides five or six, and maritime places of any consequence in the whole island( which are at least twenty) being in their hands; near two parts of three of the in-land being either in their quiet possession or forraged by them,& under contribution; their Armies victorious, their Fleet giving laws to us at Sea, and shutting up our Havens; two vast kingdoms, within six( or twelve houres sail, the furthest of) to back them, to support their charges, and repair their losses: and on the other side, the confederates fallen to such an ebb, and sad condition: our two most flourishing Armies defeated, and brought to nothing; our quarters over-run by four several enemies, burnt, wasted, and for no less then a third part of what was ours entirely even last year, made now tributary: our own forces of the ulster army devouring what was left by the common enemy, and in hostile-wise destroying all places which by others were untouched, and which before this cruelty were able to, and really did support the most considerable proportions of the charges of war; our Exchequer hence both empty, and altogether hopeless to get in moneys from a country so totally exhausted, and so lamentably ruined; our expectations of great sums and helps from beyond Seas, being turned to wind, smoke and despair, for any thing hath yet appeared; or if some little quantity be come, it being feared, that it should be given for maintaining sides, and supporting factions against the Government( as we have seen in effect proved;) no common Granaries for the public, and but very small store of grain with any private persons, in so great a dearth of corn, as Ireland hath not seen in our memory, and so cruel a famine, which hath already killed thousands of the poorer sort; and therefore no possibility to keep an army in the field, though no other want had been but that of bread, and if enemies were( as hitherto) coming on us from the four winds; lastly so much dissension, such distance, and such malignant hatred twixt ourselves within the body of the confederates, as the wiser sort did( not without cause) conceive to be too ominous, and to weaken us no less then could the strongest army of our enemies: an ebb so low, and a condition so sad of the Confederates, that according human hopes there was no likelihood without a Cessation with some one party, they might subsist this Summer either by a defensive war in all the Provinces, or an offensive in one, and a defensive in the rest. Yet by the Cessation they might be so enabled, that according much probability, Religion might be planted this season where heresy is most insolent and powerful of any place in the kingdom. For, if that party of the confederates which now opposeth the Cessation, were obedient,& together with the forces of the marquis of Clanrickard( drawn by this Cessation from a Neuter to a Confederate, or at least to a social war against his majesties enemies) and of the Lords, Taffe, Preston, and Inchiquyn( nay should Inchiquyn stay at home and give no help, but onely forbear annoying us) should,( we say) the foresaid Lords and forces march against the Scots and Dublin, who sees not but by the help of this Cessation, Faith and Religion might in many places be planted this Summer on the ruins of heresy? And hence it is, that  
Thirdly it is clear, The Cessation is so far from disaduantaging Religion, as there could hardly be a better way thought of to further it. Whence followeth, that not onely necessity( which hath been now declared) but also utility or great advantage gotten by it for the Cause doth warrant it; since by the Articles Inchiquin himself, with his victorious Army, is bound to display these colours for us, which so many times we groaned to see against vs. More indeed then the nature of a Cessation draweth along with it: and( if it be taken together with the former benefit of the second& fift Article,& with the care had, that the Lord of Inchiquins Protestant party should not enjoy the like benefit or liberty of either their function or Religion in our quarters) more, it is plain, to the honour& profit of our Faith, then the greatest& most catholic Kings,& Emperours performed in the like occasions.  
Certainly we know, the king of spain hath( to pass over the present peace, so long expected& so much spoken of) almost in our own memory concluded a truce of twelve yeares with the Hollanders 
Auctarium Chron. ad ānal. Barronij, ad an. 1●●9. ;& yet no such liberty obtained for the catholic Religion with in their quarters. Nay we know, That the most powerful& most virtuous Charles the fifth, king of spain& Emperour of germany, though his kingdoms were so vast, his forces both at sea& land so great, his treasures so inexhaustible,& himself so victorious, yet to provide for the safety of his estate, rather then to hazard too much with the heretics of Germany 
Idem ad an. 1●47& 1552.  was contented, to give them, by express article& act of Par●●ament, the free exercise of their Religion& function( even of that Religion which was presented by the Lutherans,& is called Confessio Augustana) through-out all Germany 
Yet liberty of Religion is the very worst of evils, most repugnant to,& destructive of catholic faith, and of 〈◇〉 civil government, and onely out of mere necessiti● to be permitted. Becan. in Sum. de fid. Haer. ser. c. 16. q. 4. con. 2.& 3. ; by virtue of which act( and of other such acts made by his successors) the lutherans and catholics on several houres use their Rites in the same Churches in many towns of Germany &c. even to this present day. Wee know more over, that Mathias Caesar 
Knols in his Turk. hyst. in Achm. Gaspar Landorp.  in the year 1606. articled with the protestant rebellious Hungarians, That from thenceforth it should be lanful for every man through-out the kingdom of Hungary to haue the free use of his religion& to beleeue what he would: And in the year 1609. for to purchase his own peace, and safety of his Empire, 
See at large in the Turk. hyst. in Achma●. fol. 1290. the pacificatum made which the Protestant States of Morauia and Austria: and fol. 1295. the pacification made with the Bohemians.  gave free exercise of Religion, and delivered the university of Prague to the rebellious Soctaries( on the 12. of july) and several Churches in Austria and Morauia to the heretics then in arms, on the 12 of March. We know lastly, that henry the third, King of France, was constrained through the dangers otherwise threatening his State, to condescend to a worse peace( then any of these mentioned) with the Hugonots; at large set down in Surius 
Surius ad an 1576. : And that Henry the Fourth seeing his flour-de-lucis thrown into a labyrinth of troubles by the same heretics, to provide for the good of his kingdom by quietness, confirmed unto them their liberty of Religion, gave stipends to their Ministers out of the public treasury, and certain strong holts as a pledge for performance. Yet no Censures issued against these catholic Princes or subiects for such agreements: no Declaration made by his holiness, or by the clergy against them; but churches open to them always,& Sacraments administered. Which questionless could not be, if his holiness, if the Prelates of those kingdoms, if the clergy and universities did think the adhering to such agrements were a sin. 
Landorpius 1598.  And though at the commencement of the peace twixt Mathias Caesar and the Protestants, there was some opposition at first, made by Melinus the Nuntio apostolic, and by the bishop of Vienna: yet publishd they no Excommunication, nor other Censures: which notwithstanding they should, if none could in conscience adhere to a peace giuing somuch power& liberty to Protestants.  
Whereas therefore the supreme council and Confederate catholics haue in a miserable condition articled more honourably and securely for the faith, even in a Cessation, then Caesars and entrails,( who commanded mines of gold, and had vast Armies at their back) haue done, concluding either Cessations or peace; And whereas great utility arising thence to the catholic cause, besides the extreme necessity of the affairs of the kingdom, pressed your Honours to it,( either of which, to wit pro fit, or necessity, is sufficient to make conscionable a Cessation, peace or league with heretics,( as the Lord Nuncio himself admitteth in some of his letters to your Lordshipps:)& no man of learning hath ever yet denied, nor can deny with reason:) And whereas likewise, the Articles contain nothing evil of its own nature, or present circumstances; but rather much to the aduancement of Religion and virtue: how can the said Cessation for the whole, or any part, be against Religion?( unless peradventure We admit, a truth of contradictories in point of cessation& Religion?) how in it any just ground for Excommunication? since this ground is not, but where sin is:& these articles are so fare from being sinful, as no Confederate catholic can reject the Cessation without mortal sin, both that of disobedience against the Supreme Civill power in a civill business of so great weight, and of perjury against his Oath, which binds him to obey their orders; nay nor these who embraced it, can without a third mortal sin, which is that of breach of fidelity( even with Sectaries) in a matter of moment, and where the object implies no evil. Shall they then be excommunicated for not committing so many mortal sins? for practising the acts of virtues opposite? It is an untolerable error to think it.  
Neither do they weaken these our grounds, who object the Declaration made by the Lord Nuncio, and Congregation, against the Cessation, and before it was concluded: as though, it were unlawful after that Declaration, which before was conscionable: for who sees not, but the said Declaration( as is manifest in the words of it,) did presuppose unlawfullnesse in the nature of that agreement, Which was then to be made? and that therefore it was issued, to admonish the people and divert them from it which was in itself thought evil( not evil by reason of any protestation, or manifestation made thereof by the clergy: who certainly by no means would confess, it was their own declaration that made it unlawful.) Whence further is consequent, that, since wee haue proved, it implieth no evil in itself or before the Declaration issued: so it cannot by virtue of the Declaration. Besides, this Declaration was no command, and therefore( in case the Prelates had a just ground for it) could not make that unlawful, which before was lawful. Moreover, it shall appear in our answer to the next Quere, That the Cessation concluded, was not the the same against which the Declaration issued; and consequently could not be made unlawful by it.  
Neither likewise is it worth the regarding, what is unreasonably objected of two Counties given by the council, and by virtue of this Cessation to Inchiquyn, namely Waterford and Kierry. It is manifest to all Ireland, there was nothing left him, but far less by two whole Counties then he commanded, or had under contribution before this agreement was made. For the confederates have gotten from him the Counties of Limericke and Tipperary: both which were wholly overrun at his pleasure, and contributed, lower Ormond onely excepted.   

The second Quere answered,  
THat by what we hitherto said, is proved, That your Honours, for disannulling the said monitory excommunication and Interdict, needed not( at least in foro poli) to have made any appeal: since they were altogether groundless,& hence not only unjust, but also invalid, even of their own nature and in themselves before any appeal. Which briefly may be declared out of the two plain errors contained in the sentence of these Censures, and in the proceedings of the Lord Nuncio and Delegates( as we humbly conceive, and with reverence to their Lordships.) One is, that in the sentence of Excommunication and Interdict, there is relation to the former Articles against which the Declaration was made at first; but were after mended with better in their place( as we have already touched): and yet, as if the Cessation had been concluded on such rejected Articles, the Censures proceed against it. Which is an error in the substanc of the matter prohibited or commanded. And consequently disannulling it( if there had been no other cause) forasmuch as it might be said, to concern the Cessation actually now in being. The second is an error properly called intolerable( though not juris, but facti, not patenter expressus( according the phrase of the law) in words, but too too evident in effect, and in that which the sentence both commands and prohibits:) which by the consent of Canons 
Cap. Venerabilibus §. potest, quoque de sentent. excom. in 6.& cap. Per tuas, §. Nos igitur, exit. cod. Tit. Tol. la. c. x. Candidus disq. 22. a. 24. de Cens. dub. 3. ubi citat Sotum in 4. d. 22. q. 1. a. 2. Sua, in tom. 5. de Cen. disp. 4. sec. 7. n. 32. ubi etiam habet, quod quando censur●● est sic nulla in utroque sorrow, non est necessarium petere absolutionem ad cautelam. Sic otiam Henriq. l. 13. de exco. c. 15. Sayrus l. 1. de Cons. cap. 16. &c.  and Doctors renders the sentence of no force, yea in case it were onely an intolerable error of fact, specially when it enjoins the commission of sin. 'tis, that the said sentence and censures prohibit in effect and against the laws of God, fidelity in lawful promises, Religion in sacred oaths, and obedience to the Supreme Civill power, in matters concerning the temporal government, and of their own nature, and by all right depending of civill jurisdiction, and in which( as wee have sufficiently manifested in the first Quere) no sin is implyed: That likewise they command breach of faith, perjury, and disobedience: yea( wee may boldly say it, as wee woefully feel it) Sedition, and Rebellion against the kingdom and Confederacie. Whence is manifestly consequent, that the Censures were invalid even before the appeal.  
But in case, we admitted these Censures to had been valid until the appeal, or that they would be valid and binding after the ninth day( which was the last of the daies given for admonishment, and deliberation) if within the term prefixed by the law, an appeal had not been interposed yet must we hold, that your Honours appeal in your own behalf, and in the name of all the Confederate catholics, who did or do adhere unto your Honours, having been so made within due time,& after the form of law tendered, with expression of reasonable causes therein for provoking to his holiness, and apostles being demanded, and granted( though these apostles are no other then refutatories) must notwithstanding suspend the monitory or conditional Excommunication and Interdict, with all their effects and consequences, and all other proceedings of the Censurers in pursuance of the same.  
It's plain by the sacred Canons; undoubted by the do●●rine of Divines and Canonists, and clear by the very light of reason, which God hath given intelligent souls. read cap. Praeterea 40. exit. de appellatione,& cap. Si á judic. de appellat. in 6.[ that we may pass over, to shun tediousness, many such places) and you shall find nothing more plainly resolved in the Canons. 
Praeterea requisi●● fuim{us}, si quis judex ita protulerit sententiam, Nisi Sempronio infra viginti dies satisfeceris, te excommunicatum, vel suspensum aut Interdictum cognosca●: Ille, inquem sertur sentetia. medio tempore appellans, ad diem statutum minime satisfecerit, utrum ille tali sententia ligetur, aut interpositione Appellationis tut{us} existat? Vide tur autem nobis, quod huiusmodi sententiam appellationis obstacu lum debeat impedire.  We have been demanded( says coelestine the III. in cap. Praeterea) in case a judge, pronounce sentence thus, If you do not satisfy Sempronius within twenty daies, know that you are excommunicattd, suspended, or Interdicted, and he against whom the sentence is given, appealing in the mean time( that is sometime within the twenty daies) makes no satisfaction to Sempronius at, or before the day prefixed, whether, he( to wit, the party against whom the sentence was pronounced) hath incurred the censures, as bound by the sentence, or hath his appeal interposed saved him harmless? We think, that the interposing of the appeal hinders, and takes away the force of the said sentence. And thus( says Glossa 
Glos. in verb. Impedire:& ita suspenditur sententia, quaenondum tenet, non enim tenet nisi extante conditione. Ex quo autem teneret, non suspenderetur eius effectus &c.  on the word, Impedire) the sentence is suspended which doth yet bind, or which is not yet of force( he means, until the time prefixed for admonition be expired, and other conditions( if any be, as that was, in this case, of not satisfying, performed) for it is not binding until the condition be extant. But if were once binding, its effect could not be suspended by an appeal coming after, &c. behold here our very case. Our judge, or Iudges, the Lord Nuncio and his four delegates( as they are called: though really, it be much doubted, whether the Congregation held last at Kilkenny gave them any such delegation, to proceed with so much rigour against the whole body of the kingdom, to bring so much danger upon it, and throw somuch confusion, sedition, and wickedness into every corner, and into the very entrails of the confederates, and this by abuse of ecclesiastical Censures, to bring scandal on the Church: notwithstanding) the Lord Nuncio with his four Del●gats commanded the Supreme council and their adherents, who embraced the Cessation, to reject the said Cessation within or before nine daies after the intimation of their command, and likewise enjoined all others of the confederates, not to join with, or consent to this Cessation, otherwise declared the former excommunicated, and interdicted, if they fell not from it within that term prefixed, and the later likewise in case they transgress●● after they had got sufficient notice of their Lordships determination & Censures in this behalf. The Supreme council interposed an appeal to his holiness for themselves and for all the rest unto whom the Censures might be extended, and tendered it according the form of, and within the time prescribed by the Canons. Is it not then consequent, that these monitory and conditional Censures were by such an appeal suspended? It followeth manifestly, if the judgement of coelestine was just, or the law doth not err. In both, monitory and conditional Censures: in both, an appeal made before the daies of admonition, or allowed for deliberation were expired, or before the condition was in being( that is, before a new transgression of the precept after sufficient notice had thereof, no appeal being interposed, and after the daies allowed for appearance were once past:) therefore in both cases, the appeal must have the like effect. Videtur autem nobis, quod huiusmodi sententiam appellationis obstaculum debeat impedire. Non enim tenet( says Glossa) nisi extante conditione, &c. 
Celestinus in 〈◇〉 Praeterea. supra Glossa ibid.  ut supra.  
The first branch of this second Quere, and of our assertion in answering it, being thus declared; the next branch( that is, whether the effects and consequences of the Censures be likewise suspended) is of easy resolution, and the resolution of as easy proof. For it is a known maxim in the Canons, That accessories do follow the principal: cap. Dilectis filijs. 
Accessorium sequitur principal.  de appellat. and it is certain, that the Censures we speak of, are the principal, and that the effects and consequences are but accessories. Wherefore the Censures being in themselves suspended by the appeal, the effects and consequences must be of necessity suspended. 
What effects and consequences of excommunication and interdict? See at full in Tolet. l. 1.  And verily there is no difficulty may be moved in this point. But some controversy perhaps may arise about the third part of this Quere; where it's demanded, whether all other Censures or proceedings of the Lord Nuncio, delegates, or others, in pursuance of the former, on the same ground are likewise suspended or hindered by the said appeal? yet even this branch is so c●eered by cap. S●â judice. de appellat. in 6. that no thing more can be desired. For in this Chapter Boniface the VIII. 
B●nifac. 8. in é Si à judice de appellat. in 〈◇〉.  both determines and declares, That, an appeal once made, the judge from whom is no more judge over the appellant, and th●t his jurisdiction is suspended ( understand in the case, and others thence following, wherein the appeal is made,) and that therefore, the appellant is not bound to appear before him. If the judge from whom be no more judge, if his jurisdiction be suspended, the appeal being interposed, if therefore the appellant be not to appear before him, what is more evident then, That the said appeal is a suspension of all other proceedings or Censures issued or to be issued in pursuance of the former, or on the same ground from the Lord Nuncio and his delegates, or any other deriving authority from them? for such proceedings and Censures cannot be either justly or validly but from persons who are Iudges in the case, and whose jurisdiction is not suspended in the same cause. Hence is manifest that the Lord Nuncio's renovation and confirmation( in his apostles refutatories) of his former sentence, his execution of the Interdict, and all other his proceedings against any of the confederates, on this ground, and since the appeal, are unjust and invalid for what either concerns conscience, or the Canons do determine. Which is further proved out of cap. Dilectis filijs, 55. de appellat.§. Quia vero, Where Innocent. III. decreed against the dean of Altisiodorum for having proceeded to the execution of an interdict notwithstanding& after an appeal made to Rome: the reason of which decree, the Pope gives in these words, Cum appellatione ad Sedem Apostolicam interposita nihil debuerit innovari. Where likewise he declares for the same reason, that the Excommunication pronounced by the Archbishop of Sein( or Senonensis) against the same dean,& denunciation made, to had been of no force from the beginning, and that the said Archbishops Chanons did without guilt( notwithstanding the denunciation) communicate with the dean so censured: and lastly that all proceedings attempted after the appeal were in themselves void, as he does by his Decree disannul them, yielding for reason, that the accessary is of the same nature with the principal; which we have before touched. Can we desire any more Canons, more pertinent or fitting our purpose? It's needless we allege them, though many more we have.  
But because peradventure, besides these Texts of Law, the sense of Doctors may yet be expected, let the Authors seen in the opposite margin 
Candidus disq. 22. art. 39. dub. 4. ubi citat Lopez par. 2. tr. de clavibus, cap. 12. Pal. in 4. d. 8 q. 1. art. 4. con. 2. Sayrum lib. 1. de censur. cap. 16 n. 23. Bonac. tom. 1. tract. de censur. d. 1. q. 2. punc. 2. number. 3. Diana P. 5. T. 3. R. 30. Silvester verb. appellat. Hieron. Rodriq. ibi. Portel. eod. verb.  be read, and it will be found, that the common doctrine of Summists, Divines,& Canonists hath hitherto been, That a just appeal, of itself, and presently when tis made, devolves the cause to a higher tribunal, suspends the sentence given, and withall hinders the inferior judge from proceeding any further. All which the Doctors comprehend in the double effect, which they say is necessary annexed to a just appeal, to wit, devoluing and suspending.  
Now for a just appeal, 
Cand. supr. disq. 3.& reliqui apud ipsum  Candidus, Bonacina, Sayrus, and others commonly affirm, two onely conditions are necessary. The first, that it be made with expression of sufficient, probable or likely causes, or such as the appellant thinks bona fide, are just, probable, likely or sufficient motives for appealing; but that no other expression, or of any other causes, is required. And truly with the Doctors herein, the very Canons and Glosses do concur cap ut debitus. verb. ex rationabili. exit. de appellat. cap. Dilectis filijs, 55. verb. Legitime eod. Tit. cap. Cordi nobis, eod. Tit. in 6. often in the case of the Glos. and c. Bonae memoriae.§. Praemissis exit. eod. Tit. 
Cap. Bonae memoriae§ Praemissis, extr. de appell. Praemissis igitur diligenter inspectis, praedictos Abbatem& Monachos in eum statum, in quo tempore appellationis factae ex verisimilibus,& probabilibus ad nos legitimè interposite noscuntur,( proprietatis parti vtrilibet salvo jure) decernimus reducendos; ac fructus medij temporis perceptos censuimus pariter assignandes eisdem.  where Innocentius III. clearly determines, the appeal to be just, and the causes of the appeal to be sufficient, when it is made ex probabilibus, aut verisimilibus; that is, when they are probable, or seeming true, though indeed they be not in themselves true. It sufficeth therefore( says the gloss 
Glossa ibid. Sufficit ergo quod sit probabilis causa appellationis, licet non sit vera vel necessaria. Talis videlicet debet esse, quod si esset probata, legitima esset: tunc valet, appellatio.  further declaring this matter) that the cause of appeal seem probable, though it be not certain or true. It is enough it be such, as being proved, may seem lawful: for then the appeal is valid. The very same, in effect, is affirmed by Glossa in cap. Cordi nobis 
Glossa in cap. Cordi nobis de appellat. in 6. Causa rationabilis ad appellandum ab interloquutoria, vel gravamine aliquo, illa est, quae si esset vera, deberet legitima reputari aut quae si esset vera, necessario inferret appellantem fuisse gravatum.  de appellat. in 6. as may be read in the margin. The second condition necessary, and which accomplisheth a just appeal is, that it be made and tendered to the judge from whom before the daies prefixed for admonishment, or the condition be fulfilled( when the appeal is from a conditional excommunication, censure or sentence, as that against the adherents to the Cessation was) or at least within the time limited for entering appeals.  
That both conditions haue been observed punctually in the appeal( made by the council in their own and in the name of al the rest of the confederates) is apparent to al ha● read it, who haue weighed the motives therein expressed, and noted the dates both of it, and of the sentence against which it was interposed: this having been of the 27. of May. 1648. and that of the last of the same month, dispatchd away presently to their Lordshipps, the Nuntio and his delegates. But of the second condition there is no controversy. All the question is of the first, that is. Whether the causes or motives of the appeal were sufficient? Yet even herein we see no difficulty. doubtless the council, and many thousands mo●● of the confederates, were persuaded bonafide, that the Nunti● proceeded( with due observation of his Lordship may it be said) unjustly, and that they had expressed before his lordship most just motives to appeal from his Censures, and complain to his Holinesse of such proceeding. Which bona fides alone, would suffice us for securing our own consciences in opposeing his sentence and in hindering( to our power) the execution of his censures and al his other proceedings on the same ground; yea though the motives Were onely just in the opinion of the Appellanis which is the doctrine of authors now cited, and must be of al divines; who generally teach( and it is in itself most certain, and taught us by natural reason) That the immediat and next rule according which we must square our actions in matters of fact, and cases of conscience, is our own proper bona fides and opinion.  
However this be of our bona fides; whether we had it or no? yet doubtless even the Lord Nuntio and delegates will not deny, but the causes expressed in the appeal are probable, or likely, or such as if they can be proved to bee true, will be thought sufficient. There is no man of iudgment hath ever yet seen, or will see the appeal, that can, or will deny this. And if so, how could it be rejected ●n foro exteriori as unjust, whereas it hath the conditions prescribed by the doctors, canons& Glosses for a just appeal: the one, to had been made in due time, and the other, to haue expressed in it motives, which may seem in fancy Ecclesiae to be probable, likely, or such as, being proved, Would be thought lawful. For that of bona fides, mentioned by some of the divines, is not required by them but onely for securing the interior conscience of the Appellant, and not for any thing might concern the exterior tribunal; wherein iudgment is not given of the interior opinion, or bona fides of the appellant, but of that Which appears exteriorly, as of the causes expressed in the appeal, &c. which, if secundum allegata,& probata they be found true, the judge ad quem( to whom only, it belongs) will give sentence for the appeal, Whether in the mean time the interior opinion of the appellant was a bona fides, or no. For of the interior, God alone is judge; not the Church. And this is the reason, why the canons and glosses( speaking of the reasonableness and justice of the causes, which, being expressed, makes the appeal just, require only such motives as seem probable or true( though) in themselves they be not true) or such as being proved[ to wit before the judge ad quem] would make the appeal lawful; and say nothing of the bona fides; conceiving this to be impertinent, and not belonging to the external court of iudgment, Which they do chiefly regard.  
Yet because the bona fides of the appellants may be sufficiently conjectured out of the probability, l●kelyhood, or evidence of the motives expressed in the appeal; Who can doubt( that knows the state of Ireland, and looks on our condition with an indifferent eye) but the council and confederates had not onely probable motives, but even reasons in themselves, and before the world most evidently just, which necessitated them to make their address to his Holinesse, and throw themselves into his protection[ though for point of conscience this Was needless) from the violent proceedings of the Lord Nuncio and his either delegates or Subdelegats, as being ( for private ends) opposite to the aduancement of Religion and of the common Cause, destructive of the kingdom, and illegally thwarting the supreme civil power of the confaederats, by drawing the people( in as much as in them lie) to seditio and rebellion. Al which motives& many more, your Honours expressed at large in your appeal: and their truth may be manifestly inferred out of our sad condition the great necessity( the country stood in,) of a Cessation, and the no less utility might be derived from it for the catholic Cause( as your Honou●s of the council declared in your said appeal, and we haue shewed in our answer to the first Quere). unto which motives may yet be added( according the power for adding, your Lordshipps reserved to yourselves in your appeal) what is consequent out of them, and out of other particulars expressed in the appeal, videlicet, That your honours, and the rest of the confederates were commanded on pain of Excommunication, and Interdict, not to adhere unto a Cessation concluded vpon actually, and from which neither you nor they could fall without omission of most virtuous acts, fidelity in performance of promises, religion in sacred oaths, and disobedience to authority; nor with out commission of sinful acts, unfaithfulness in Contracts, perjury in oaths, and disobedience to authority; from which likewise you could not fall without extremely endamadging and hazarding the Commonwealth, by reason of the strength and multitude of enemies, which( that Cessation rejected) would on al sides come vpon us; besides the iudgments of God would hang over us for our persidiousnesse 

See both in sacred and ●rophane histories the dreadful punishments that attended always the breach of public faith, and perfidiousness. See in the 2, of Kings. 〈◇〉 how heaven pursued with vengeance the King and whole kingdom of Israel, for having broken faith with the Gabaonits, though no less then a hundred yeares since the covenant made with them( Iosue. 9.) yea and though in that covenant the Gabaonits used subtlety and were by profession Infidels. Were not the chosen people& Nation of God, for this breach of faith, scourged With an universal samme, even in the dayes of holy King david, propter Saul and domum euis sanguinum, quia occidit Gabaonitas? And, not with standing so many thousand starved to death by this famine, was the divine wrath appeased until seven of his sons, who broke the league were resigned over by King david to the pleasure of the offended Gabaonits, and w●re crucified alive by them vpon a mount before the face of God. Et dedit eos in manus Gabaonitarum, qui crucifizerunt eos in montecoram Domino,& repropitiatus est Deus terrae post hac.  
See in the 36. of Paralipom. the deplorable fate of the unfortunate King Sedecias, and of his kingdom, for having, contrary to promise made, renounced his allegiance, broken league with, and taken arms against Nabuchodonosor the Monarch of babylon. A rege quoque Nabuchodonosor recesserut, qui adiuranerat eum per Deum. Was not his kingdom therefore utterly destroyed; the holy city razed, the Temple of God, burned; the miserable King deprived of those eyes, wherewith before he beholded the covenant broken; finally, his countr●y planted with Aliens, and both himself and the remainder of his people translated to babylon, for to lead the life of slaves in a long captivity of 70. yeares? Yet Sedecias was drawn to this breach of peace, through causes no less specious then Nabuchod●nosors Idolatry in Religion, and tyranny in his government of the elect Nation of God.  
See in gregory Sceidius, and in Knolls Turk. hist. the formidable event of a Cessation or ten yeares truce broken[ formerly concluded twixt Vladislaus the Christian catholic King of Hungary, and Amurath the Turkish monarch) but broken by the Christian king( seen after twas published) by the persuasions and over much inportunitie of part● of the clergy, specially of julian the Florentin● Cardinal( then Leg●te apostolic in the kingdom of hungary) who needs would dispense in the Oath interchangeably taken by Christians and Turkes for observing the Cessation. Alas! how late came repentance, when the poor Hungarians beholded their ualiant and good Vladislaus slain before their faces in the battle of Varna; their nobility slaughterd, julian himself( with other authors of this misfortune) al naked, covered onely with blood, and yielding the ghost, their army[ ever before this faithless dealing, victorious) totally destroyed; and their dear country, with so many other bord●●ing kingdoms of Christianity left open as a prey to the fury of Barbarians? what reproach, and what confusion, to see a Turcke obtain a ●ictory from Christ against Christians, when Amurath, in the heat of that battle, observing his own army put to the worst by the valour of Vladislaus, drew forth out of his bosom the scroll of the articles of Cessation, signed by the Christian King, and casting his eyes to heaven, challenged Christs divinity, if he did not presently show himself a revenging God for that dishonour done his namely this perfidiousness of Christians?  .  
What some would fain here say( yet it is onely to say somewhat, not because they conceive it hath any colour of reason) that it belongs to the judge from whom, not to the appellant or others to know whether the causes of the appeal be probably or evidently just, is answered by Glossa in cap. Cum appellationibus. de appellat. in 6. where these express words are, that it belongs to the judge superior to whom the appeal is made, to examine and judge of the lawfulness of the appeal: and by Glossa in cap. ut debitus. extr. de appellat, That, this depends not of the judge from whom, but of the truth itself. Whence may be inferred, That the appellant, as he really sees probability, or evidence in the causes alleged, may accordingly address himself to the superior judge, and obey no more the inferior, to whom it no way belongs to judge of the causes( when they are such, as being proved, they would be thought reasonable) otherwise then by giving a bare answer or apostles. And this is it the gloss intends.( For doub●lesse he intends not to exclude the power of the superior judge in examining and giving sentence for, or against the appeal. Yet certain it is, that if the appellant sees the very superior judge not to sentence aright, either in the matter of the appeal, or any other, it is lawful to appeal further, even from him to his superior, if any be) Glos. cap. Romana. verb. Minus legitima. de appellat, in 6. Lastly, and most directly to the purpose, by Gloss. in cap. Sollicitudinem. exit. verb. Episcopus posset. 
Glos. in c. Solicitudinem. exit. de appell. verb. Episcopus posset. Sod quare judex non pot est cognoscere de appellatione ab ipso facta, sicut cognoscit an sua sit jurisdictio? Ideo non potest cognoscere de appellatione, quia cum probabilis causa exposita est in appellatione, iam exemptus est à iurisdictione illius,& est illi suspectus& praesumptio est pro ipso, quod semper velvet judicare pro sua iurisdictione, &c.  Where tis demanded, wherefore cannot the judge from whom an appeal is made, know( that is call in question, examine juridically, and judge) or give sentence of the same appeal? And tis answered, That therefore he cannot be a judge of the appeal made from him, because that a probable cause being alleged in the appeal, the appellant is exempted from his jurisdiction, as one suspected to him, and because it may be presumed that the judge in this case would give sentence in favour of his own jurisdiction, &c.  
Nay the very Text of cap. ut debitus.§. Cum autem. puts this business, out of all debate: where it is said, 
Cumautem ex rationabili causa putaverit appellandum, coram eodem judice, causa appellationis exposita, tali viz. quae si soret probata, deberet legitima reputari, Sùperior de appellatione cognoscat, &c.  That it belongs to the superior judge to examine and give sentence, whether the causes were in themselves reasonable, or no? As for the inferior judge, the appellant is bound only to expose or allege before him probable or re●sonable causes, to wit such causes, which being proved, ought to be reputed lawful. And therfore the judge from whom hath no right to examine juridically the truth of them, since the appellant is onely bound to expose or allege them before him, and not to prove them( for who sees not, that to be bound to allege, and to be bound to prove, are far different)? And consequently he cannot hinder a just appeal, by saying, it belongs to him to know, and judge whether it be a just appeal, or no? or whether the causes expressed be reasonable or no?  
Which is yet more plainly, and indeed thoroughly cleared( without any place left for expositions, or distinctions) by cap. Sid judice. de appellat, in 6. where its expressly decreed by Boniface the 8. 
Si à judice â quo( propter gravamē, quod tibi proponis illatum) appellas, 'd docendii te sore gravatil& ad audiendum revocationem eiusdem gravaminis( si de ipso docueri ( na supponit quod ad hoc non teneris, ut infra statim) tibi terminus praefigatur. Nec coram eo( cum ipse per se id videre habeat) docere, nec etiam tanquam coram judice( cum per appella●ionem sit suspensa ipsius jurisdictio) comparere teneris, nisi ad hoc so lū, ut revocationem ipsam audias si eam duxerit faciendam.  That for to prove you had just, or probable causes to appeal, you are not bound to appear or answer before the judge from whom you appealed in regard( says Boniface) that he is no more your judge, whereas by your appeal( especially when it is from an extraiudiciall, or à gravamine, as our appeal is) his jurisdiction is suspended. Onely one case excepted( which is not to our purpose yet) that is, when the judge from whom saniori ductus consilio, being better advised, would recall his past sentence, whereby the appellant was grieved: for onely in this case he is bound, being called, to appear before the judge à quo to the end he may hear the sentence of his grievance recalled.  
What can be desired more manifestly convincing? If the judge from whom, once the appeal is interposed from a grievance, and probable causes therein expressed,( that is such, as being proved, ought to be accounted probable) if he be no more judge, if he have no jurisdiction over the appellant,( but onely in that ●ne case) if the appellant be not bound to appear before him for to prove the truth or justice of his motives of appeal, how doth it belong to him to examine juridically the truth of these causes? or to sentence the appeal to be good or bad? or on pretext hereof, to hinder the appellant from prosecution of the appeal; or getting the benefit of an appeal? certainly it cannot be, unless we admit a plain contradiction. And certainly as yet we have not seen one Chapter, passage, or gloss of the Law could be produced to the contrary by such as seem to maintain the invalidity of the appeal, though they have laboured much in heaping together citations. But all to no other purpose then either, that( as we do grant, and never denied) probable causes of the appeal are to be alleged 
This only, and no more[ for what concerns this matter) can be deduced out of c. Pastoralis §. verum. de appellat. cap. Legitima. eod.& Glos.§ Legitima. in 6. c. Romana. eod. §. quod si obijciatur,& Glossa ibid. §. Vera.& Nota insuper. c. cum appellat. eod. See all this confirmed by c. Interposita. de appellationibus. extr. where it appears sufficiently[ though it be for the contrary opinion produced) that the validity of an appeal is to be proved before the judge ad quem. For the case of the said Chap, is: One appealed, who expressed onely a probable cause in his appeal. The question was, whether it were sufficient for the Appellant to prove before the judge to whom to whom, that his cause was probable, although perhaps not true? And it was resolved, that he ought to prove it to be both probable and true, unless he offered of his own accord to prove this truth before the judge from whom, and yet was not heard: for in this case it is enough he prove before the judge ad quem, that the cause of his appeal was probable, though not true. In which question and answer made by the Pope, there is not a word for the Adversaries, but much to our purpose, as appears by the gloss partly, and partly by these words nisi hoc se offerens probaturum. &c. Whence, is gathered, that he had no obligation to prove it before the judge à quo, but What was done by him, was of his own accord, not by any tie of the Law. At least, we may confidently say, that nothing may be inferred against us out of this chapped. Nay this Text speaks in case the Appellant, even before he enters his appeal, do offer to prove his allegations to be true, and not after the appeal is made: as appears in the gloss there, and by the gloss of cap. Si à judic. verb. teneris. de appellat. in 6.& ibi per Dominic. which the common practise proveth. Whence further is mnnifest that there is no obligation by this Chapter to prove before the I●dge à quo, the truth of the appeal, since questionless before tis given in, there can be no such obligation  therein, and before the judge from whom, though not their truth to be proved before him, or that when the judge is refused, or excepted against, or( to speak the terms of the Law) when there is a recusation of him,( not an appeal) that then the recusatorie exceptions are to be proved before arbiters given by the judge and chosen by common consent of the plaintiff and Defendant. It is in this case of recusation) that cap. cum speciali. de appellat. extra. and cap. Legitima. eod. Tit. in 6. speak, and not in case of appeal, which is far different from the former.  
It is true that the judge a quo hath so many dayes allowed him by the Canons, to consider what kind of apostles he is to give, and that in admitting or rejecting the appeal, he doth in so much ( ex animi sui opinione) out of his own private opnion judge of its probability or improbability; yet followeth it not hence, that he giveth any juridical or binding sentence or judgement( of the causes) obliging( either before God or the world) the conscience of the appellant. For the giving of the apostles is nothing else but a bare answer to the appeal, which the Law permits him to give either dimissory or refutatory, that is either admitting or rejecting( the appeal) either right or wrong, but at his own peril if he give not a right answer, and admit the appeal when it is from a just and probable grievance, and hath in it expressed probable causes; the Law providing likewise for the liberty and safety of the appellant, that whatsoever answer this be, he is not bound to conform himself to it( if it be to his disadvantage) since he hath once l●wfully appealed, or with expression of reasonable causes, and since this judge from whom hath no power to summon him, nor to examine witnesses, nor form any process concerning the lawfulness or unlawfulness of the causes expressed; which power notwithstanding, for to summon, examine, form a process, must be supposed in him that is the proper judge and can give a binding sentence of the lawfulness or unlawfulness of the appeal.  
Whence followeth, That they say nothing to purpose who object, That the Lord Nuncio, and Bishops did not conceive such pressing necessity for concluding the cessation, or such great profit to arise thence( which are the prime reasons alleged in the appeal for excepting against the censures. 
This great opposition, and seeming alteration of iudgment in the Lord Nuncio, must be very strange to such as know that it appears out of Letters and Messages from his Lordship to the council( which are in Record) how his Lordship about the first of March, when there was but a bare report of a Cessation, to be made with the Parliamentary Scots, desired the council that business[ to wit the Cessation with the Scots) should go on, for that he expected a blessing thence not onely to this, but also to other kingdoms. Nay a little before Inchiquyn was declared for his majesty did not he approve a cessation to be made even with him? What is the reason of so much desire expressed for making a Cessation with the Parliamentary Scots, rather then with Inchiquyn, or others? or why with Inchiquyn himself when he was for the Parliament, and not much more now when he is for the King? Neither doth the Lord Nuncios answer seem in any wise to satisfy, where he says in another of his Letters( to excuse this) that his intention in his former Letters or Messages was, to have an accommodation or league made with him, not a cessation: for who is it conceaves not, that a cessation of arms with sectaries must be conscionable,( even by the Lord Nuncios own concession) and no just ground for Excommunication, if an accommodation or league be lawful: since the cessation of its own nature brings along with it less communication with them, or hindrance to annoy them. ) but rather that it was fixed on with intention to bring in the late rejected peace, and for other consequences following that business; and consequently, that they conceived no truth in the causes alleged. For in case we did grant their suspicions to be true before God( as they are not) yet nothing hence may be inferrd for disproouing the lawfulness of the appeal, in foro exteriori,( wherein onely they proceed): since they cannot deny but the causes alleged are such as if they can be proved, they ought to be thought lawful: and since they are not to be iudges herein; as hath been now seen by so many canons, glosses, and reasons: and lastly since we are bona fide persuaded of the probability( if not evidence) of our motives; nay though we had no bona fides interiorly, but only seemed exteriorly to have it. And verily this answer satisfieth.  
Yet for a more ample satisfaction, We further say to the first part of this objection, that as doubtless it concerns more nearly the supreme council to know the condition of the Country, as who onely were then and are yet entrusted with the gouenment, were and are more often and more particularly informed: so it belonged( and yet belongs] to them of right to declare the ability or disability of the country for war, and the necessity& profit of either Cessation or Peace, and consequently to conclude a Cessation and peace or continue war( We mean, so far as the general Assembly furnisheth them with power; as in this particular of concluding the present Cessation, they haue.) unto which determination of theirs, and unto al others in matters merely civil,( such as this is) where manifest sin doth not appear[ as in this business appears not) the Lords Spiritual, and both clergies, regular and secular are to obey as subiects,( bound hereunto in conscience and under mortal sin, according the consent of holy Fathers, and divines, where the matter is of moment, and specially when it concerns the peace of the Commonwealth, 

See the Fathers and Expositors on Rom. 13.2. Oecumenius, Theophilactus, Augustine, Ambrose, Bernard, with Cornelius a Lapide, Omnis anima( says Chrysostome) potestatibus supereminentibus subdita sit: sieve Apostolus sis, sieve Evangelista, siue Propheta, &c. All other Fathers and Expositors together with Chrysostome understanding the same passag of S. Paul, of obedience due to the civil Magistrat, and due unto them even by Churchmen.  
With this sense of Fathers and Expositors all catholic Divines agree. See them, together with Canonists and Canons to this purpose, in great numbers with lay-man. l. 1. Trac. 4. c. 13. and Becan in his Sum. Theol. de Leg. hum. c. 6. q. xi. Nay that not onely the civil power obligeth thus indirectly, but also directly, by their laws or commands, Victoria, Soto, Medina, and man; others maintain. however this be, all confess that clerks are bound in conscience to obey the rust ordinances of the Common wealth: and undoubted it is, that they are to be accounted just until manifestly they appear unjust.  
That the civil laws and civil commands of the Commonwealth, or of the civil authority, do binde● consciences to their performance under mortal sin, if the thing commanded be of moment, Vasquez. teacheth d. 158. c. 4. and others with him; Suar. l. 3. c. 27. n. 4. who are cited and followed by Becan in sum. Theol. de Leg. hum. c. 6. q. 3. n. xi.& 12.   and allegiance to the crown or kingdom) not to resist as Iudges.  
As for the second parte of the said objection, it cannot be more cleared then it hath been by your Lordships in your printed answers to the Lord Nuncios propositions, and in your printed declarations in pursuance of the said answers in both which you declare unto the world, and oblige yourselves, not to rece●ue any other peace but that which hath been agreed vpon by the last Assembly, and transmitted with the Agents, unless peradventure the kingdom and Assembly shal otherwise decree for the good of the commonwealth. unto which decree you are by oath, as other confederates to conform and submit your own judgments. And verily, what cou●d be more expected from your Lordships? you are confederates: you took the oath of Association: you were thought worthy by both Estates ecclesiastical and temporal in a general Assembly, to have the kingdom put into your hands, and the power of concluding a Cessation, residing only in your breasts: you were esteemed ( per consequence) by the Nation, to be men of honour, wisdom, and conscience: finally, what your Honours did in this business was through the vehement desires of the provinces, and known necessities of the confederates; and hath been likewise generally approved of and received by al the catholic Party in Ireland( yea with joys and thankes as the onely mean of their preservation); onely a few refractories oppose it, men( without any rashness, but with much grief wee speak it) who seem to haue the evil of proper interest before their eyes, unconscionable designs in their hearts, and who haue for such unworthy ends sufficiently discovered themselves enemies of all public quiet and happiness of the Nation.  
What the seditious Libellist, Author of the Vindication( who by that scurvy piece, hath nothing served, but much disserved the Nuncio) here objects against the opinion we are to hold of your integrity, and likewise against even your authority or power in signing the Cessation, where he says, twas only concluded by a malignant infamous, perjurd party of the Supreme council, by others inveigled by them, and by some who officiously signed, being no members of the council: this forged calumny( we say) might be contemned, and( in regard it is so known to be a mere fiction of a Libellist) not otherwise answered then that his pen had too mu●h gull and poison, and his matter neither rhyme, nor reason. Yet to undeceive the deceived( if any be such) and to prevent or take away the Impression, which perhaps the read●ng or hearing of this unknown detractor might give, or hath given some simplo souls: wee thought fit to insert in this place, two Acts of general Assemblies, whereby this Impost●ur m●y be confounded. The first is a Declaration m●de by the universal vote of the kingdom, in the year 1646. 2. of February vindicating these members of the Supreme council from these aspersions of perjury and disloyalty( then first endeavoured to be cast upon them by their Adversaries, but now revived again from hell by the Libellist) in their negotiating( with the marquis of Ormond) the rejected peace. The words of the Declaration are these; And this Assembly do hereby likewise declare that the said council, Committee of Instructions, and Commissioners of the Treaty have faithfully and sincerely carried and demeaned themselves in their said Negotiation, pursuant, and according to the trust reposed in them, and gave thereof a due, and acceptable account to this Assembly. Given at Kilkenny the second day of February 1646.  
Surely this Declaration made( after exact debate of the matter) by the Lords spiritual, temporal, and Commons in a general Assembly of the whole kingdom, must be of more weight and power to persuade any reasonable creature, then a passionate and obscure Libellists bare assertion. At least the new, and legal establishment of such members in their former dignity, and government of the kingdom,( notwithstanding all the opposition made, and labours taken by their Adversaries to brand them with some character, whereby to render them incapable) must convince any judgement. Is there any likelihood, that a whole Nation, in its representative body the general Assembly, and ever since in all its real part●, in all Provinces, Counties, Cities, towns, yea and Armies, would have tied themselves, and sworn to obey them whom they had either proved, or justly suspected, not to have discharged the trust imposed, or therefore had been perjured, malignant, infamous?  
The second, is That wherein provision was made for supplying the resident council with legal members, 
See this second Act at large in the printed Establishment concluded upon by the last general Assembly at Kilkenny, the ●1. day of Novem. An. 1647  in case of the necessary absence of such as were nominated by the last Assembly, or of any of the just number, who are bound to reside, by virtue of which Act they have subscribed as resident, who were legally brought in to supply the vacant places. And for such Honourable persons, as above the number of residents did vote or subscribe the Cessation, its known they did it not officiously, but out of their duty to the public, and by the power of grand Counsellors, conferred on them by the last Assembly.  
Wherefore, it being now clear from first to last, both out of our solutions to al is, or may be objected against the appeal and out of our positive reasons for it, that according the proscript of Canons and sense of doctors, it hath all the conditions of a just appeal, and that the Lord Nuntio and delegates are even by the law deprived of all or any power to question, examine, or judge the reasonableness or iustice thereof, or to cast any obligation on us( either before God or the world) to submit to his or their iudgment in this behalf: it must be inferred by a necessary consequence out of what is formerly said, That your Lordships appeal doth not onely by the Canons, but also by the sense of Doctors suspend the censures, their effects and consequences, and al other proceedings of the Lord Nuntio, delegates, Subdelegats( and of al and every, or any other deriving power from him or them) on the same ground. For that, as we haue formerly seen, their doctrine is, That a just appeal, of its own nature, and as soon as tis interposed, hath a● and each of the said effects.  
And hence they may be fully satisfied who hitherto were persuaded, or fearful through their own ignorance, or haue been deluded by the disaffected, who of purpose throw scruples into mens consciences without law or reason, taking occasion by the kind of Apostles the Lord Nuncio granted which are refutatories, not reverentials, or dimissories, to persuade the simplo that by reason these refutatories were granted, and not reverentials, the appeal can be of no force. Which erring assertion is plainly convinced by what hath been already said. For since it is manifested, that the reasonableness, justice or lawfulness of an appeal depends not of the Iudges breast or answer unto it( which they call apostles) but is to be accounted such, if the causes alleged in it seem evident, probable, or likely, or would be thought probable in case their truth might be proved: and since it is no less evident, that a refutatory( that is to say, a rejecting) answer proceeding either from the malice, negligence, corruption or ignorance of the judge, or from any other motive whatsoever, cannot make the appeal unreasonable which before the answer was in itself reasonable, and contained the expression of causes either evidently or probably just; since lastly it hath been proved, that a just or lawful appeal, of its own nature suspends the judge from being any more judge of the appellant, from jurisdiction over him, or power to question the lawfulness of his appeal; how can refutatorie apostles( given by the judge as answer to the said appeal) have the power to hinder these suspensive effects? If it be said, that the Canons, which thus deprive the judge are not to be understood of him when he gives apostles refutatories, we must say this is a most ridiculous evasion, and mere non sense. Certainly they were not made against Iudges who give reuerencials, or dimissory apostles. For what judge, who gave reverencial●, hath ever yet been so frantic, as to give witting such apostles, and yet to frame a process against, and call in question the probability of the appeal, whereas by giving such apostles he deprived himself of all pow; r, yea should the appeal otherwise be frivolous. Neither have they been instituted onely against Iudges, who deny both kindes; in regard the words of the Text are not, by any proper or common sense they may have, restrained to any such limitation, nor by the adjoining Glosses or opinion of Doctors commenting thereon, but may and ought, according their proper meaning, to be understood generally in all cases of just appeals, whether apostles be given or no, whether they be refutatories or dim●ssories, 
Innocent. 4. in Conc. Lug. cap. Vt supper. de appellat in 6. Vt supper appellatione ab eius causa instructio facilior ualeat in processu haberi districtè praecipimus, quod ille à quo appellatur apostolos appollanti( iuxta tenorem constitutionis nostrae supper hoc ed●●ae) tribua● requisitus: si veronon exhibuerit, ex tunc, si fortè in causa procedat( nisi appellationi renunciatum fuerit) eius invalidus& irritus sit processus.  &c. And surely where the Canons would have onely provided against the abuse of Iudges, who give no kind of apostles, wee find their meaning expressed in significant terms, as cap. Vt supper. de Appellat. 6, which may be read in the margin  
But to unmask wholly the nonsense of this evasion, let us observe the absurdity, and contradiction which thence doth follow, For if cap. Si à Iud●ce. de appellat. in 6. and the like, are of no force against the judge, when he gives only refutatories for answer to a just appeal, then it must follow, that the judge by an unjust act( that is by giving such an illegal answer, or apostles refutatories, when he should have given dimissories) reaps a benefit, to wit, recovers the jurisdiction and power which before was suspended by( and from the instant of) the appeal interposed until that present of receiving the refutatories. And if it be said, that his jurisdiction was not so suspended, until the daies passed, which are allowed by the law for deliberating on the apostles; then, besides that this is against the Text, a plain contradiction follows in the Canons and Glosses( which is) that during this interval, the said judge from whom may call in question, examine juridically, give sentence, &c of the lawfulness, or unlawfulness of the appeal,( since he is not restrained of his power, during this interval▪) and yet all Canons and Glosses affirm the contrary, as we have before seen. The like contradiction follows, if any confess( as he must) that indeed the judge could not proceed during the interval of time twixt the appeal made, and apostles given, but will nevertheless say, that he may, presently after the apostles when they are refutatorie; here is, we say, the like contradiction, in regard that, if the appeal was at first reasonable and just, it remaines so always notwithstanding the refutatorie apostles unjustly given; and consequently by all the foresaid Canons, Glosses, and even by natural equity, the judge cannot proceed to the execution of his sentence, and by the Canons, and Glosses, he is no judge, he hath no jurisdiction, he cannot examine, or call in question the causes of the appeal, neither is the appellant bound to answer his summons. certainly if he could proceed to the execution of the sentence, he might summon him, and examine the causes of the appeal, both because, that the examination of these causes might make him alter his sentence, which was in itself perhaps wholly unjust, and because it is therefore said, he might proceed to this execution, in as much as it is supposed he lost no part of his jurisdiction by the interposition of the appeal, since he gave onely refutatories. If therefore he have in this case a plenary jurisdiction over the appellant, why cannot he summon him concerning the causes of the appeal, or why is not the appellant in this case bound to obey him? It cannot be said, that the laws exempt the appellant in this particular from him; for the very prime Text which can be alleged for this, to wit cap. Si à judice. de appellat. in 6. exempts him likewise in all other cases, and declares the judge to be no more judge over the appellant. And if they say, being reduced to extremities, that the judge á quo may call in question even the causes of the appeal, and judge them, then they engage themselves against all the Canons, Glosses, and Doctors, and against all their reasons, whereof that is insoluble which we have before produced in the gloss of cap. Sollicitudinem. extr. de appellat. verb. Ep●scopus posset: where we have seen the question propounded, why the judge a quo might not be a competent judge of the appeal, and answered, it is therefore, because that the appellant is exempt from his jurisdiction by expression of a probable cause in his appeal, as from a party suspected, in regard the law presumes that he would still give sentence in favour of his jurisdiction, and of his former acts, or sentences, which all reason persuades us, he would do. For who is that upon unjust grounds would give sentence against any, upon his just appeal give him only refutatorie apostles, would not also give sentence against him in the causes of the appeal, for maintenance of his own jurisdiction and righteousness, or perhaps in prosecution of his former ignorance, corruption, malice or spleen, if the law did enable him with power to be judge in this case? Whence further would follow, that the subject would be often remedilessly exposed to the tyranny of every unjust and partial judge. This very same is a reason most sufficient, and discovered unto us by the light of nature, why we must hold that it lies not in the Iudges breast to disannul just appeals by giving refutatories( whether it be granted or denied that he is judge of the causes.) For otherwise an ignorant, corrupt, or malicious judge,( notwithstanding his most illegal proceedings) might overthrow at his pleasure, the most reasonable and necessary appeals in the world; innocency might be oppressed without remedy, and all injustice and tyranny mantayned, if( we say) the judge for having given refutatories might proceed to execution during the said just appeal: for the execution may be an evil irecoverable by any address might be made after, as indeed it would be in our case, were it allolowed. Which how repugnant it is to the very law of nature, and to the intention and aim of holy Canons, who doth not see?  
It was this convincing reason( we may justly think) made Glossa in cap. Licet. de sentent. Excom. in 6. maintain our assertion in the like case, where the judge gave only apostles refutatories. Which is the second argument we make use of to remove this block whereat some seem to stumble, For though the words of Glossa be not the very Text of the law, yet no man can deny but in such a business they are a sufficient president for us: and no man can deny( who is versed in Canons or Canonists) but this very gloss is next after the Text of esteem, and of more authority then forty Doctors who should maintain the contrary, if they produced not the express letter of the law to the contrary, or some gloss as clearly for the opposite assertion, as this for ours, or at least some reason convincing a natural equity for the adverse opinion. None of which as wee are sure they could not as yet produce, so wee are confident, they shall never be able hereafter to produce. The words of the foresaid gloss are: Put the case I was convented before an ecclesiastical judge against whom I alleged some declinatorie exception, perhaps that he was the ki●sman of my adversary; 
Glossa in cap. Licet de sent. excom. in 6. Pone casum, quod fui conventus coram judice Ecclesiastico, coram qopuroposui aliquam exceptionem declinatoriam, fortè quod erat consanguineus adversarij mei, vel aliquam exceptionem dilatoriam posui. judex noluit admittere istam exceptionem, said pronunciavit quod ea non obstante proceueret in principally, unde appellavi in scriptis& legitimè expressa causa rationabili in mea appellatione& petij cum debita instantia ut daret mihi apostolos, qui dedit refutatorios assignando mihi terminum ad procedendum coram ipso in principally, ●ua die non comparui, Ideò tanauam contumaciam me Excommunicavit. Certum est quod si causa inserta in mea appellatione sit vera, non sum Excommunicatus.  or I alleged some dilatory exception. The judge would not admit my exception, but declared that notw●thstanding any such he would proceed in the principal. Whereupon I appealed in writing, expressing a reasonable cause in my appeal, and desired with due instance that he would give me apostles. He gave me refutatories, prefixing withall a t●me to proceed before him in the principal. But I appeared not the day appointed. Wherefore he excommunicated me as contumacious. Tis certain, that if the cause inserted in my appeal be true, I am not Excommunicated.  
Behold heer our very case of an appeal interposed, and onely apostles refutatories granted; which refutatories not with standing the gloss affirms, It is certain, that the appellant was not bound by the sentence of excommunication issued against him, if the causes express●d in his appeal were true,( that is, lawful and reasonable for appealing). How may it therefore be denied but a just appeal exempts the appellant from the power& jurisdiction of the judge from whom, though this judge do not admit his appeal, but only give refutatories and even the worst king of refutatories, for such were the Apostles mentioned in this gloss? otherwise this excommunication of our gloss would oblige the appellant. And how may it be that any will hereafter stumble at this block of the Lord Nuntios apostles refutatories, given as answer to the Councells appeal? or think, that these apostles could hinder their just appeal from suspending the sentence of the Lord Nuntio, its consequences, and his jurisdiction in this matter?  
The objections made by the Aduersaries are al of straw: and are partly dissolved already, and the rest do heer follow. One is: That the judge doth not give way to the suspensive effect of an appeal when he gives refutatorie apostles: as appears out of the gloss in cap. Cordi nobis. de Appellat in 6.§. exhiberi. Al which we confess, and is too manifest for to make any matter of dispute, by reason that the very act of giuing Refutatories is a denial of giuing way to the suspensive effect of the appeal.  
And therefore the gloss very well& truly says that the judge denieth( in as much as in him lies) to give way to this suspensive effect when he gives refutatories. But neither doth that gloss, nor any other, nor likewise any text of law, or doctor say that the judge by his illegal denyeing to give way to this suspensive effect of a just appeal, can hinder or take away in rei veritate before God or man from the appeal justly interposed this effect annexed to it exnatura re● by the canons; though indeed he do( but unconscionably, sinnefully, inualidly, and at his own peril) as much as in him lieth to hinder it. Wherefore though he give not this way, yet the law giveth it when the appeal is from a just or probable grievance. as appears evidently out of al the fore-mentioned Glosses, doctors and canons, and by the very light of reason.  
Another objection is formed out of c. cum speciali. de. Appellationibus. 2.§. Porro. c. Romana Ecclesia. eod. Tit. in 6.§. si vero.&.§. sententia quoque Glossa in cap. vt supper appellatione. eod.§. nota insuper. c. non solum. eod. cum clara Glossa. c. cum appellationibus. eod. cum Glossa.§. nota insuper.&.§. nota primo. c. licet. de senten. excom. in 6.& glossa ibi:§. nota ex hoc. whence they deduce, That what the judge a quo doth in prosecution of the cause, after apostles refutatorie given by him as answer to an appeal made from him is of such force and effect in law, That the judge ad quem, or to whom the appeal is made, cannot recall the sentence given by the judge from whom, until the validity of the appeal be proved or disproved before him: and if disproved, that he cannot proceed in the principal matter, but must remit the whole to the first judge: but if proved, that then he may absolve the appellant from al censures renewed after such an appeal, and so proceed to examine the principal matter. And hence is further deduced, that when such refutatorie apostles are given, the appellant is not exempted from the jurisdiction of the judge from whom, otherwise the judge to whom likely would presently recall the proceedings,& al acts done by the judge a quo, after the appeal made from him. But this difficulty is easily cleared: for al the said canons& gloss speak onely and are to be understood of proceedings attempted by the judge from whom, after an appeal made agrauamine, concerning some emergent, or incident article, not of his proceedings against the Appellant after the appeal made from a grievance in the principal cause. moreover we say, That even in case of an appeal from a grievance in only an emergent article, though the judge ad quem will not presently recall such proceedings, until it appear unto him that the appeal was justly made; yet the law doth suspend thē, as appeareth plainly by the often mentioned c. Si a judice. de Appellat. by the gloss of cap. Licet. de senten. excom. in 6. and so many other places before rehearsed. How ever this be, though nothing be said in either branch of this answer but whats very true) the matter is more plain in our case: for your Honours appeal is not a grau●mine interloquutorio supper articulo incidenti v●l emergenti, but from an extraiudicial sentence in the very principal cause. Nay your appeal in effect is ante sententiam, because it was interposed before the fulfilling of the condition, or dayes( prefixed for deliberation) were expired; and consequently( though no other cause might be produced, al the following proceedings are void, cap. Ad praesentiam. iuncta Glossa. de Appellat. extra. With many other Canons.  

Zerula in Prax. Epis. verb. Appel. resp. ad quas. 19  As for that with Z●rula in his Praxis Episcopalis seems to say for maintaining the Iudges jurisdiction when he gives onely Apostolos refutatorios; wee answer, that his bare assertion of a practise contrary to so many reasons, laws, and doctors, cannot be of weight; specially when he doth not allege one reason, text, or author for himself. Secondly, that the practise of one place, though it were just( as this, if there had been any such, could neuet be) binds not another. And indeed the best practisioners with us say, the contrary practise is used in Ireland. Thirdly that Zerula must be understood, where, and when the appeal is in itself frivolous; not where it is manifestly, or probably just; otherwise that practise would be most unconscionable, most corrupt, yea and against the express letter of the law, specially if you join the Glosses; and consequently not to be in any wise used. Fourthly, That he speaks in case of an appeal made from a judicial interloquutorie or from decrees vpon emergent or incident articles,( for in this case we confess, That the judge from whom may proceed to the principal, as not yet suspended from his jurisdiction. Glossa in c. licet. de senten. excom. in 6.) but not when the appeal is from an extraiudicial sentence or grievance in the very principal cause( as ours was:) in which last case the law ordains that the judge a quo can proceed no further, as being suspended from his jurisdiction, cap. si a judice. de appellat. in 6. cap. supper eo. x. eod. Tit. extra.& Glossa in cap. Licet. verb. conualescat. de senten. excom. in 6.  
To that doubt which some others move, that the Lord Nuncio hath a power to proceed Omni appellatione remota,& consequently, that though the appeal be just, and the arguments hitherto produced, would conclude against Apostles refutatorie given by ordinary Iudges; yet when the power is so extraordinary, they do not convince: Wee answer that in case the Lord Nuncio had in his Commission such a Clause ( which is very ordinary in the Popes letters and Bulls) yet no power thereby is conferred on his lordship, to hinder just or probable appeals, but onely such as are in themselves( not by his Lordshipps word or sentence) merely frivolous, ground less, and against the law: as expressly may be seen in the Canons here placed in the margin, 
Cap. Pastoralis. de Apel. iunc. Glos. verb. emendari.& cap. ●t debitus. eod. nunc. Gloss. verb. ante sententiam.& in verb. absque rationabili causa. Barthol. Lancello. Specul. Menoch. March. Scac.& plures alij, cum communi Doctorum, apud August. Barbos. in coll. ad decretal. in dict. cap. Pastoral. n. 2.  especially being joined with their Glosses; and as the Canonists commonly maintain. Furthermore we say, That if his Holinesse, ex plenitudine potestatis, would give or hath given his lordship a power above the canon law, and such extraordinary faculties, as that he should not be bound to admit even just appeals; yet hereby his Holinesse never intended, nor could lawfully or constionably intend, to hinder the appellants from opposing the execution of an unjust sentence given against them( much less from opposeing a sentence or censures of their own nature inualid) when their own consciences tells them that his lordship grounds himself vpon il information, or that the obeyeing of the sentence may prove disaduantagious either to the public or particulars, against equity and right. For in this, and such like cases the law of nature takes place, and allows the appellant or party aggrieved, to preserve his own right( even by force, if no other mean be at hand) against the unjust proceedings of a corrupt, ignorant, malicious, or il informed judge; specially if this party aggrieved be a Prince, state, council or Commonwealth, which, hath a supreme civil power, as our case is. Nay if his Holinesse( who is the supreme Ecclesiastical judge on earth, and from whom there is no appeal( in matters belonging to his judicature otherwise then from himself to himself) did vpon il information, or for any other cause whatsoever, give iudgment or pronounce censures contrary to iustice, and conscience, or which would be disaduantagious to our public cause, or destructive of our Commonwealth or of the lives, liberties or fortunes of the confederates, or of the council and that part of the confederates who adhere to them and to the cessation,( being incomparably the greater part of the kingdom) there is no catholic divine in the world, but must must confess, it would be lawful to resist& oppose his Holinesse in this case, and to hinder the execuion of such a sentence; yea that such as are in public authority, would be bound in conscience, and under pain of a most grievous mortal sin, to use their uttermost endeavours for opposeing the said execution, even vi& armis, if it were necessary, and no other mean left of reconciliation, or for preservation of the public. Yet certainly we do not fear, that any such evil shal ever come immediately from the sacred throne of our most blessed father Innocentius.  
Lastly what is objected by some, out of cap. Ad nostram, and cap. R●prehensibilis. de Appellat. That no appeal is allowed from a sentence given in a controversy of Faith, and consequently that your Honours appeal is against the law, since the adhering to the cessation, to be unlawful, is an article of Faith; and the sentence of excommunication and other Censures were pronounced by the Nuncio, to make the confederates religiously observe the said article, that is not to adhere to, or observe the said Cessation: we say, al and every branch of whats heer objected, is so false, and so absurd, as it cannot be sufficiently admired, with what face can any broch such ignorant positions. What is more clearly, and without controversy decreed in sacred canons, then that all weigh●y causes, and questions happening about articles of Fait●( which are the most weighty of all causes) are to be referred unto the see apostolic,& even frivolous appeals in such controversies be admitted, that is, though the causes of appealing in these matters appear not to be so just or reasonable as are required by the canons to be in appeals interposed from grievances in other matters? see this expressly defined in the canons placed in the margin, 
Alexander 3. in cap. Maiores de Baptismo. Maiores Ecclesia causus, praesertim articulos fidei contingentes ad Petri sedem referendas intelliget, qui eum quarenti Domino, quem discipuli diceret ipsum esse, respondisse notabit, Tu es Christus filius Dei vivi,& pro eo Dominum exorasse ne deficiat fides eius, &c, See cap. Vt debitus. §. ultim. iuncta Glos, in verb. causis. de appellat. cap. Translationem de officio Legati. Bellar. l. 4. de Rom. Pont. c. z.  and to constantly taught by canonists, as our opposites cannot produce one Author for themselves. And what is more out of al doubt with both heretic and catholic Divines then that even his Holinesse, as Pope and Vicar of Christ, yea and together with his consistory of Cardinals and( which is more) sitting in a general Synod of the universal Church on earth, might err in controversies of fact which principally depend on informations se and testimonies of m●n?( read Bellarmine 4 de Romano Pontifice, cap. 2.) And consequently what is more certain and evident, then that it is impossible, the adhering to the Cessation concluded with Inchiquin, to be wnlavfull, can be a matter or article of Faith, or as such declared by any power on earth( not to speak of the Lord Nuncio, who hath no power, 
See Bellar. l. 4. de Rom. Pont.& l. 2. de council. authorit. where he teacheth,& with him the catholic Doctors commonly, that onely his holiness is infallible in defining, or declaring matters of Faith:& that even general councils,( much less national) are of no such infallibility, but may err until or before his holiness confirm thē. Nay some catholic Doctors( as Bella. l. 2. de council. cap. 5. hath) affirm, that national Synods, though so confirmed, are not infallible.  no not together with his National Synod, to define or declare such articles even in capable matters, or in questionibus juris, otherwise then as a particular doctor) since it is plain that the question of the lawfulness or vnlawfulnesse of it, is a mere question of fact, and principally depending on the informations and testimonies of men? Finally what is more plain to any knowing Reader of the two chapters, alleged against us out of the Canons by some of our opposites, then that neither of them hath a word to that purpose, or which, by a scholar, may be understood in the sense they are produced against vs. For cap. Ad nostram. speaks onely of just corrections of persons who are by profession Regulars: as if a Religious man transgresseth manifestly his rule, or institutions of his Order, in this case( and very justly) no appeal is admitted( nisi tame● modus excedatur, says Glos. ibid, verb. minus) if a certain punishment be prescribed by the canons, for such a transgression,& no other inflicted; for if the punishment be arbitrary, then, according Panormitan, even a Regular might appeal in case of correction, yea though his crime were notorious. And as for cap. Reprehensibilis. it makes the same sense, though it be not restrained solely to the correction of Regulars, but is more generally understood de disciplina Ecclesiastica, of the correction of al ecclesiastics delinquent: from which, when it is moderat, and lawful, no appeal is admitted; but if an ecclesiastic be unjustly grieved or vexed by his superior, it is allowed him,( and he cannot be hindered of this liberty] by al both divine and human laws to appeal. See the gloss of the said Chapter. verb. nec subiects.  
Hence it is, that wee cannot but approve the councils, and other confederates practise, in not fearing, and not regarding the Lord Nuncios or any others Excommunications and Censures, issued against them who countenance and adhere to the said Cessation, having the doctrine of great writers, and the common sense of Divines to guide us herein, who teach that when the Censures are invalid either by reason of a just appeal, or otherwise, they are not to be cared for, but may be disobeyed and their invalidity is to be published by those against whom they were pronounced. After which publication or notice had of their nullity, 
Graffi. in Decis. aur. l. 4. de ceasur. c. 3. Gabr. in 4. sent. d. 18. q. 2. col. 2. Syl. verb. Excom. cap. 15.  if any will seem to be scandalised at the neglect or contempt of such censures, the scandal can be no sin in the Censured, since it is onely a scandalum Pharisaeorum, not pusillorum. So expressly Graffijs. And in case wee had not so many reasons, and authorities to maintain the justice of our opposing the said censures, yet as Graffius excellently aduertizeth, since the Lord Nuncio and other prelates who are of his mind, do see, that such Censures prove not health-full medicines, but redound rather to the hurt of souls,( that wee may speak, 
Graffijs in decis, aur. l. 4. de Cens. c. 1. Ostiens. in cap. Rom. descent. Excom. l. 6.& ibi joan. Andr. columna. 4.& in cap. conct. f. eod. Tit. Ias. in l. quod jussit. n. 41.& 42. ff. de re iudicata.  for the present, according their opinion who hold the Excommunication and interdict are both valid and just) and bring along with them on us and all others their opposers death of sin, and despair of conscience: the Lord Nuncio and prelates who joined with his Honour in pronouncing the said Censures, ought to desist from publishing any more, or further continuance of the alreddie published: in regard that ecclesiastical Iudges are bound to carry themselves like indulgent fathers, pious, careful of their childrens souls; and because that the power of Excommunicating was not given them to make it a snare of despair, and destruction for souls, but for their preservation, and to be a salve for restoring health.  
Out of all which reasons, laws, and doctors, we cannot imagine, but every indifferent Iudgement will approve our opinion, and conceive our practise in opposing the said Censures to be most just. Yet to take away all the doubts of the doubt full, and leave noe refuge for, even the obstinat, to carp at us, by objecting, That, in a business of controversy and doubt( though indeed we see no more any doubt) we ought to obey the commands of our superiors; let them read Diana P. 4. T. 3. R. 9,( who recites other authors) where he holds and teacheth, that when or where one justly fears any notable inconvenience either in his life, famed, or fortunes( nay if he feared those evils to another) by following his superiors opinion,( to wit in case the superior did not doubt of his own proceedings, and yet he doubted, whether the superior proceeds justly or no:] in those Circumstances he cannot be obliged in conscience, to conform himself to his superiors opinion, because that according the common maxim, in doubt full things fauendum est reo or to him that is in possession of his liberty, and because that the subject in such a case is in possession if not of his liberty, at least of his own security, and right of preserving himself, or another from danger. Neither in this, or any other case, wherein he is not bound to obey, can he be excommunicated. Hitherto this learned divine, with others whom he cites 
Anthon. Diana. P. 4. T. 3. R. 9. Sanchez in sum. tom. 2. l. 6. c. 3. n. 27. Vasques. in 1. 2. q. 19. a, 6. d. 62. c. 6. vide comp. Diae nae. verb. subditus .  
And surely this very last passage were enough to quiet consciences, and discharge them of scruples; but specially if it be taken together with that common tenet 
Nauarus. c. 29, num. 280. Valentia disput. 2. q. 14. p. 4. qu as citat& sequitur Beacan. in sum. de bon. act. int. cap. 4. q. 9. con. 2. Diana p. 2. T. 13. R. 1. P. 4. T. 4. R. 4.§ ad id vero. Sanchez. in sum. tom. 1. l. 1. c. 9. n. 14.& Theolegi communiter, contra Perez& alios paucos.  of divines, which teacheth that its lawful to follow any probable opinion( when the question is, whither the act be conscionable, or no?) yea though the contrary opinion were more safe, and more probable, as the said Anthony Diana, Beacan, Vasquez with other authors cited in the margin, and with the torrent of Doctors, do teach: if likewise what Sanches, 
Sanchez in in sum. tom. I. l. 1. c. n. 97. Villa lobos: tom. 1. tr 51. diff. 17. n. 3.& Beroio in c. 1. n. 281. de const.& sine vlla distinctione. docent Fillucius tom. 2. tr. 21. c: 4 n. 134.& Merolla tom. c. disp. 3. c. 4. dub. 1. n. 4. Sanchius in select. diso. 5. n. 11& disp. 64. n 63.& Diana P. 4. T. 4. R. 30. Vide comp. Dianae. verb. opinio probabilis.  Villalobos, Fillucius, Merolla, and others hold, be considered, to wit, That the resolution of one learned and pious auhor, doctor, or divine studying a case, and examining the reasons pro et contra, doth make a probable opinion, how great soever the number be against him: if also it be considered, there are many most learned, and most virtuous divines of both clergies, even great Prelates and most Illustrious& reverend bishops, known to be of the ablest and most virtuous men in the kingdom, who after a long and serious debate of all the procedings, grounds, and reasons of this Cessacion, and of the declaration and Censures issued against such as adhere unto it, haue resolved notwithstanding, yea and with strong reasons declare evidently, that nothing can be found in the said Cessation against catholic Religion, or which may be a just ground for Excommunication. For certainly, so many sentences of such men concurring, and having so many reasons, which they esteem manifestly convincing, having solved the objections which might be made to the contrary, must at least wise render this way probable, and consequently secure in Conscience. Neither doth it any wise prejudice the probability of their opinion, that the lord Nuncio and Congregation declared the Cessation and the adheringe to it to be unconscionable: for it is certain, that neither his Lordshipps definition, nor Congregations assent, could give their own way, any other then extrinsical probability( even this extrinsical probability now ceasing where the reasons to the contrary are so manifestly insoluble, and an error( with reverence still to their dignities) proved in their proceedings and sentence) for what concerns conscience; since they haue no power to make it an article of our belief, that the Cessation is against Conscience. Nay this controversy being wholly or principally depending on a question of fact, 
Vid. Bellarmin. supra.  cannot by any power on earth be so defined, but that it may be lawful to follow the contrary opinion which defends it to be conscionable.   

The third Quere answered.  
TO the third, that your Lordships printed answers to the Propositions of the Lord Nuncio, are not so short or insatisfactorie in any point, as they might afford just ground for an Excommunication. The reasons of which resolution are apparent in our answers to the two former Questions,& likewise hence, That the Lord Nuncio in his propositions inserted nothing, but what did merely belong to the civill government( wherein notwithstanding if any error could be declared to have been committed, your Lordships were content upon manifestation thereof, to amend it) or elsewhat was provided for sufficiently before those propositions were offered.   

The fourth Quere answered,  
THat whereas the Oath of Association ties all the Confederates to be dutifully obedient and observant of your Lordships just Orders, and Decrees: And whereas in our answer to the first Quere it is sufficiently proved, that the present Cessation is most just and lawful, and by consequence your Orders and Decrees commanding the confederates to accept and obey the Cessation must be just, it follows, that disobedience to such your Lordships commands, in not adhering to the Cessation, is perjury.   

The fifth Quere answered,  
THat if it shall be found that the Excommunication and Interdict of the Lord Nuncio is against the fundamental laws of the kingdom, and which the prelates have sworn by the Oath of Association to maintain, it is not lawful for them to publish or countenance the said Censures contrary to your Lordships positive orders. Neither do wee see, how can any of the prelates otherwise answer, if they condemn not the Oath of Association of injustice, and themselves of having done ill in taking or approving it.   

The sixth Quere answered.  
IT being the common sense of Divines that in an Oath lawfully taken for the good and profit of another, 
Bonac. to. 2. d. 4 q. 1. pun. ultim. n. 8. citans Suar. c. 41. Sanch. l. 1. de Matr. dis. 32. Filluc. tra. 23. c. 9. q. 10. nu. 279.  none can dispense without his privity and consent unto whom it was sworn, but in certain cases expressed by the authors cited in the margin; and the oath of Association being in itself lawful, and sworn to the kingdom for the public good of the Nation, and of each Confederate in particular, certainly a dispensation cannot be given to any person or parties of the Confederates to break the said oath, or to take away the obligation of it, without the consent of the Assembly, unto which by a special clause of the said oath( and this is to be well noted) the alteration or dissolution of the oath is reserved, none of the cases excepted by authors, having place in this matter. Wherefore if any other of what power soever, though it were his holiness, did otherwise attempt to dispense with any of the sworn confederates, both the Dispenser and Dispensed would hereby transgress the law of God, and incur the guilt of a mortal, and most heinous crime, besides that such a dispensation would be of its own nature invalid, void, and no way securing, for the future, the conscience of the Dispensed: and consequently this party dispensed withall, must of necessity as often as he makes use of such a dispensation so m●ny times commit a mortal sin: the Dispenser likewise, and without question, participating by his first action, of the same evils. All and every branch, and particular of which resolution, followeth by necessary inference out of the common and certain doctrine of Classicke Authors, 
Vid. Bonaci. tract. de legi. disp. 1. q. 2. pu. 3: prop. 2. nu. 14.& 15. ubi citat Reginal. Sanch. Sal. Valen. toll. Vasq. Caiet. Sylv. Nava. Sotum, &c.  who without controversy teach, that the obligation of a lawful oath is( in a weighty matter) under mortal sin, and de jure divino by the law divine natural and positive,& that even his holiness cannot without a manifestly just cause dispense in any obligation of the law divine: and that if he should otherwise, his dispensation would be in itself void, sinful, and no way securing the conscience of the party dispensed withall. Which doctrine they make evident with many strong and perspicuous reasons( unnecessary to be now rehearsed) and specially declare it out of holy Scripture, 2. Cor. 13.10. where S. Paul tells, that Christ consigned his power unto the prelates of the Church non in destructionem, said in aedificationem, not for destruction, but for edification. But who sees not, that this power would be abused for destruction, and not for edification, if on pretence of it, and without a manifestly just cause dispensations should be granted in the law divine positive and natural? And who is it that looks on the confederates and their present condition with an unpartial eye, but will conceive that there cannot be a just cause for dispensing with them, or particulars of them in their oath of Association, or with them in their obedience due by the said Oath to the government established. First, in regard the sole cause pretended is the Cessation made, and observed with Inchiquyn which we have notwithstanding proved to have been lawful, necessary, profitable, and much to the advancement of the catholic cause, were it obeied by refractories, and per consequence of the glory of God. How then could it be a just cause for dispensing with any in the oath of Association, or in the obedience due by the said Oath to all Orders of the Supreme council, or all such Orders as do not manifestly appear to be sinful? Secondly because such a dispensation breeds sedition, stirs rebellion, commenceth a Civill war, and divides the Confederates into parties, throws fire and blood into their very entrails, and by their own hands, finally weakens them so by these ways of mutual enmities and hostilities, as hereby in reason they should be thought to be exposed as a prey to the common enemy of our Religion ( specially their disability when thy were entire being considered) and the prime scope of their Confederacie( which is the propagation and glory of catholic Religion) very unlikely to be attained, but rather despaired of. Is there any one knows Ireland, but should in reason have persuaded himself, that all these evils should have followed such a dispensation, if God did not prevent them by a miracle? 
S. Tho, Val. Sanch. Lessi. Suar. Tolet. Caiet.& alij quos citat& sequitur Bonac. tract. de Decalog. d. 3. q. 9. pu. unic. prop. 3. nu. 4.& 5.  and on miracles we are not, according the catholic doctrine, to rely for it is a mortal sin to tempt God by expectation of miracles. And is there any man of sense will say, that a dispensation which draweth along with it so much evil could either be in itself just, or have a just cause, specially where the cause pretended is the declining of a sin in adhering to a Cessation, wherein, or in which adhering we have manifestly proved no sin could be committed? nay we have evinced the said Cessation could not be not adhered unto, or could not be rejected by the council and Confederates without most grievous and fearful sins: and wee have shewed this to be the constant doctrine of the catholic Divines, and of the Church of God, and that when the contrary was practised through an ignorance and temeritie, the experience was fatal, and cost them deere. Thirdly by reason of the disesteem it would bring upon all confederacie,& of the unsecuritie, manifest danger,& confusion it would bring vpon, and throw into all Christian states and governments: for if by such dispensations, and upon such grounds the common subject could be withdrawn from his allegiance, and with a good conscience rebel, what Prince what state, or republic, nay what private man could live one day in security, whereas they often see before their faces such boundless, enraged ambition,& such cruel designs of some prelates?( may this be spoken without disparagement to so many other great and good prelates, who by their virtuous lives& apostolical doctrine support States, kingdoms, and Monarchies of christianity: as in particular several are seen to use with us at this present, such praise worthy endeavours for the preservation of the confederates,) If together with this example it were maintained as a catholic Tenet, That such prelates or Churchmen could at their pleasure or upon such designs challenge,& assume a power of the fortunes, estates, Crownes, lives of Kings and republics by dispensing with particulars, or promiscuously with the multitude or any other in their due obedience and oaths of allegiance, what should not be hourly feared? Lastly( which is hence consequent) by reason of the aversion and hatred it would breed in all Infidels and sectaries against our Religion. For what Prince, State, or Common-wealth of any other Religion would admit of ours, if our doctrines of dispensations in the subjects allegiance were so destructive of all policy and good government, and so cruelly wicked? Let us therefore here and evermore stop our Christian ears from such blasphemies against the law of God and the faith of the holy Roman and universal Church in all ages to this present time. And let us leave such antichristian principles to Luther, Calvin,& such other infernal furies, who covered a great part of Europe with the blood of Christians, by doctrine in substance not unlike this( but certainly no worse then this) and whereby they at their pleasures armed the subject against the Prince, and the people against the M●gistrate for the destruction of christianity and of the Church of God. read the catholic Author who writ on Fox's calendar of Mattyrs, where he at large rehearseth the daungerous, anarchical, and bloody principles of late Sectaries, specially of Puritans.   

The seventh and last Quere answered.  
AS the present proceedings of the Lord Nuncio highly entrench( with submissive reverence to his Grace we say it) on all Supreme Governours, on the law of Nations, the honour of the Confederates, and brings a scandal on our holy Mother the catholic Church, which contrary to his Lordships proceedings teacheth and warranteth promises, leagues, contracts, Cessations, and peace made with heretics to be religiously performed( as we have seen in the second supposition made in our answer to the first Q●ere, and in the authors there cited) and teacheth( as we have seen before) that all subjects both laics, and ecclesiastics Pri●sts, friars, jesuits, Bishops, Archbishops, patriarches, Cardinals are bound under mortal sin, and eternal damnation to obey all Orders of the Civill Magistrate, wherein evil and sin doth not manifestly appear( which we have sufficiently proved, not to appear in their orders concerning this great difference): so it must follow that none of either state, temporal or ecclesiastical may without shipwreck of his conscience and loss of his soul, disobey the Orders of the Supreme council, on sole pretence of the present proceedings of the Lord Nuncio, these proceedings being now declared by strong and insoluble reasons, to be unjust, illegal, invalid, sinful, commanding and enforcing to most enormous and execrable sins of infidelity, perjury, rebellion, treason, and to so many other abominable crimes which stream out of these evil sources.  
Whence is apparent, how unsatisfactorie and ignorant their answer is, who to excuse their disobedience to the council, allege the commands of their spiritual superiors, Guardians, priors, Provincials, Bishops, the Lord Nuncio, &c. to the contrary: as if such commands or of such superiors, or of any else whosoever, temporal or spiritual were of more force to oblige their consciences then the commandments of God, and then his law, which( according the Declaration made thereof unto us by S. Paul the Apostle, Rom. 13. and by the doctrine of the Church of God, the holy Fathers, and catholic doctors in all ages) on pain of eternal damnation enjoin both them and all such their superiors whatsoever( either of the Secular or Regular clergy) to obey the council in all matters where manifest sin doth not appear. And that sin doth not appear in any the commands of the council concerning the faithful observation of this agreement made with Inchiquyn,( yea notwithstanding any Censures of the Lord Nuncio) we have more then sufficiently manifested, and they who make this ignorant answer confess( in regard it could not be hitherto found, what article or part of the Cessation might be with reason maintained to be sinful) as by their flying to this strait they are constrained. Otherwise certainly if they could show any evil or sin therein, they would rather make use of so reasonable an excuse for their opposing the Decrees of the council then of so bad a pretext as blind obedience to the commands of superiors who are as they obliged by the law of God to be wholly subject to the council for what concerns the peace and tranquillitie of the Common-wealth. Wherefore what they call obedience to their superiors, is no true nor virtuous obedience, but vicious, but sinful, but against their conscience, but damnation to their souls( as the Apostle hath) because it implies plain disobedience to and transgression of the commands of God, who must be obeied before all men of the earth. Will any even of themselves deny, but their obedience to the commands of their superiors enjoining them rapine, theft, murder, adultery, sacrilege, &c. or enjoining them never to confess their sins, never to pray, never to do an act of charity, &c. would be plain disobedience to the commands of God, would be damnation to their souls? Or will they deny but their foolish excuse of blind obedience to their earthly superiors injunctions, would not in this case justify them either before God or men? nor likewise that other senseless evasion, That it is not their parts to examine the Iustice of the commands imposed upon them by their prelates, but simply to do what they are bid? will not they also confess, if wee reason with them a little further, that it is therefore they should not obey, and th●●●●xcuses would not serve them in such a case, because such commands would be against the law of God? And will not they admit their knowledge hereof to be derived hence, that they see it so expressed in Scriptures, Fathers, doctors of the catholic Roman Church in all ages( let it be now supposed that their superiors should tell them the contrary in the same case?) How therefore do they on such mad pretences obey the commands of their superiors enjoining them to subtract civill obedience from the Supreme civill power in a matter concerning the peace& tranquilitie of the common-wealth, and in a matter wherein their superiors cannot show, nor themselves can see any evil implyed? do not they see, it is against the express Law of God to subtract obedience from the Civill power in this case? Do not the Scriptures, Councells 
council. Tol, x. c. 2. Si quis religiosorum, ab Epis●opo usque ad extremi ordinis Clericum, sieve Monachum, generalia iuramenta in salutem Regiam gentisque, aut patriae data, reperiatur violasse voluntate profana, mox propria dignitute privatus,& loco& honore hubea●ur exclusus. . Fathers, Doctors, the practise of the Church of Christ in all ages proclaim it? They cannot be ignorant hereof: and if any of them hath been hitherto, certainly their ignorance can be no longer invincible, that is such as might not be overcome by human industry; nor probable, that is, which hath probable reasons to maintain their disobedience to the council. For what reasons can be probable against the plain sense of holy Scriptures, and the unanimous consent of the holy Fathers and Doctors of the catholic Church in all ages? 
Becanus in Sum. Theol. de Bonit. act. int. c. 4. q. 7. con. 4.& alij apudipsum.  As for affencted ignorance, gross, vincible, or improbable, none of them excuse from damnation, according the sense of all catholic writers. But alas, ignorance is not the cause of sinful obstinacy. Malice and a natural inclination occasioneth it in very many, a rash engagement in others, hopes of preferment to benefice and superiority in others, in others a stupid fear of losing what they had, being persuaded by experience of the former revolution, that an Excommunication the most unjust would alter the whole frame of government, and that there should be no living in Ireland for any would oppose the Lord Nuncio's design herein, or the power of own o Neyll. 
In others, an apprehension of shane and disgrace, in reclayming an error,& falling from this way they once resolved on.  Behold the true causes of their obstinacy, and no sense of conscience. Behold the reason, why even the best and most learned amongst them, being demanded the ground of their opposition, do say commonly, That they will neither give reason, nor take reason, and when they speak their mind at full, do now at last, onely censure the intention which the council and their adhernets had in concluding the Cessation, because they find no other cause, and yet would seem not without some cause to f●● reject it, which they are engaged so many unworthy causes to oppose But who sees not in our answers to the first and second Quere, the false imposture of this last refuge? Yet by reason they make hereof more use then of any other, we bri●fly propose the ensuing considerations. First, that the Declaration and Censures of the Lord Nuncio, Congregation, and delegates( in obedience to which they disobey the council) were not against such evil intentions, but against the very substance of the articles of Cessation, as in themselves evil& unconscionable. Tis manifest to any that please to read and peruse the tenor of both Decrees, which contain not a word importing other sense, and therefore cannot be extended to evil intentions( though we granted such intentions to had been) in regard a penal Decree or law is to be restrained, not extended, 
Bon. tract. de Legib, disp. 1. q. 1. punct. 8. prop. 2.& alij apud ipsum ibid.  according the maxim of Canonists. Wherefore this recourse of theirs to evil intentions, and their not showing any other evil in the object, that is in the Cessation itself, or in the conclusion and observation of it, concludes an error in the Decree or sentence of Excommunication, and consequently disanuls it, and leaves them no reasonable pretence for disobeying the council since their pretence is the supposed obligation of the Censures which even their own answer takes away. The second is: Though it were granted that the council or others who negotiated th'affair of Cessation, had such intentions at first, or upon the perfection of it, yet might they have changed such evil intentions into good, during the nine daies given in the monitory Decree for deliberation: and consequently if there be no other evil but of their intentions, how could the Nuncio proceed to execute his Censures since they protested in their appeal before the ninth day and in other Printed Declarations, that they had no such intention? Nay how could he proceed to this execution, though they never had made any such exterior protestation, whereas without it, they might have taken away the ground of the excommunication, to wit the supposed evil intentions? The ●●ird, that questionless our opposites will not deny, but tho●●ands are of the confederates who desired and embraced the Cessa●ion, not out of any such evil intention, but for a just end and forth, it own preservation. How then could such be excommunicated, since the ground of this excommunication, to wit evil intention, is not found in them? And if these be not excommunicated, is it not plain that none is excommunicated whose conscience tells him, that he did not adhere to the Cessation with any evil intention? How then doth the Nuncio proceeds indifferently against them all as excommunicated persons? Nay how can he proceed against any of them as such, but onely against him or them whose naughty intentions are apparent? and whose intentions can be apparent to him, but either out of confession, or secundum allegata& probata by exterior proofs?( for God alone is judge of the interiou● not the Church And who is it that was so convicted, or confessed before him such intentions? Nay who is it was summoned to his tribunal for such a business. The fourth consideration is of the strong motives and moral certainties produced before( in our answer to the second Quere) and which we may have to persuade us, that the supreme council( who are chiefly aimed at in this business) had no such evil intentions. Which, together with all hitherto said, being duly pondered by them who now seem so adverse to us in opinion, but by them discharged a little of passion, retiring into their souls, and looking with an eye of indifferency upon this difference, we doubt not but they will aclowledge before God, the truth of our assertions, and with how little reason, but great hazard of eternal salvation they disobey the commands of the Supreme council on pretence of the present proceedings of the Lord Nuncio; and we hope, as we most hearty desire with all our souls, that they, or at least such of them as have an affection to loyalty, and a true zeal of Gods cause, will by their unfeigned and repentant submission to the Supreme authority, established by the kingdom, make happy these Answers,( laboured as the shortness of time did permit) for their conversion, and satisfaction of all good Patriots, by   


David Bishop of Ossorie  
F. John row, provincial of the excal. Carmelits.  
Nicholas tailor, Doctor of Divinity.  
William Shergoll, Professor of divinity, Prebend of Houth, and Vic. For. of Fingal.  
Fr. John Barnwall Lectour of divinity.  
Fa-Symon Wafer, Lectour of divinity.  
F. Peter Walsh, Lectour of Divinity.  
Luke Cowley archdeacon of Ossory, and Protonotary apostolic.  
Laurence Archoold, Vic. For in the deaneries of Brea, tawny, and Glandalagh.  
F. Christopher Plunket, Guardian of Saint Francis Convent in Dublin.  
Fa. John Dormer Guardian of Saint Francis Order at Gastle-dermot.  
Fr. Bonaventure fitz Gerald Guardian of Saint Francis Order in Kildare.  
F. Laurence Matthews, Preses of Carmel. Kilken.  
Paul Nash Prebend  
John Shee Prebend of Main.  
james Sedgrave.