"The English papist," says another writer*, "for "his courage and loyalty in the first war, deserves "to be recorded in history: and perhaps this may "be worthy of notice; that, whenever the usurper, "or any of his instruments of blood or sycophancy, "resolved to take away the life or estate of a papist, "it was his loyalty, not his religion, that exposed "him to their rapine and butchery."

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Other protestants have not done so much justice to the catholics: perhaps the reader will be of opinion, that lord Clarendon should have said more of their fidelity to Charles the second, after the defeat of the royal army at Worcester, than that "it must never be denied that some of their reli. gion had a very great share in his majesty's pre"servation," when he is informed, that, during the first six days after that disaster, his majesty was wholly in the hands and under the protection of the catholics. Fifty-two of that religion were apprised of the secret; some of these were in low circumstances, but neither fear nor hope induced even one of them to swerve from his fidelity ‡.

* "State of Christianity in England, by a Protestant Clergy

man, said to be a Bishop," p. 25; also cited by Dodd, in the place referred to.

+ Hist. book xiii.

See Dodd's Hist. vol. iii. part vii. book i. art i.—From a manuscript, signed by father Huddlestone, and by Mr. Whitgrave of Moseley, at whose house the monarch was concealed two days and two nights, Mr. Dodd gives the particulars of the monarch's wanderings which followed the battle, and the names of the fifty-two catholics entrusted with the secret.

On the sixth day, his majesty reached the house of Mr. Lane; from this time, he was in the hands of protestants, who served him with equal fidelity. In their praise, the noble historian is minute and eloquent; but of the fifty-two loyal catholics, he mentions only father Huddlestone, a Benedictine monk. It should be added, that," at this time, "the Irish catholics were the only compact body, "throughout the extent of the British empire, which "had preserved, untainted and unshaken, their loyalty to the royal cause*."

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LXII. 2.

New Disclaimer of the deposing Power condemned by the See of Rome.

It appears that, in 1647,-at which time, considerable hopes were entertained of composing the

* Mr. Plowden's "Historical Memoirs," book i. p. 119, + The account in the text given of this transaction, to which the attention of the reader is now called, is taken from "The "History and Vindication of the Loyal Formulary, or Irish "Remonstrance, so graciously received by his Majesty in "1661; by father Peter Walsh, of the order of St. Francis, "Professor of Divinity, 1674, fol. p. 522 :"- "The Contro"versial Letters on the Grand Controversy, concerning the pretended temporal authority of the Popes over the whole earth; and the true sovereignty of kings within their own "respective kingdoms; between two English Gentlemen, the one of the church of England, the other of the church of "Rome, 1674, 8vo. By Peter Gooden, a priest, educated "at Lisbon, 2d edit. p. 18:"-" Récueil des Pièces, touchant "l'Histoire de la Compagnie de Jésus; composée par le père

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differences between the king and the parliament; and of comprehending the English catholics in the general settlement, in case they could vindicate their principles from inconsistency with civil government, the following three propositions were framed ;

"1st. That, the pope, or the church, have power "to absolve all persons, of whatever quality they

may be, from the obedience due to the civil go"vernment, established in the kingdom of England.

"2d. That it is lawful in itself, or by the dispensation of the pope, to violate a promise, or "oath, made to a heretic.

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"3d. That it is lawful, by the dispensation,

or by the commandment, of the pope, or of the "church, to kill, destroy, or outrage, and offend, "Joseph Juvençi, jésuite, 1726, 2d edit. p.403, 413:"-" The "Causa Valesiana, Epistolis ternis prælibata, in antecissum "fusioris apologiæ, auctore F. P. Walsh, Ord. S. Francisci, "Strict. Obs. S. Theologiæ Professore; Londini, 1684, 8vo:"

and "Blackloe's Cabal discovered in several of their letters "clearly expressing designs inhumane against regulars, unjust "against the laity, schismatical against the pope, and owning "the nullity of the chapter, their opposition of episcopall "authority; published by R. Pugh, J. U. Doctor. The se❝cond edition, enlarged in some few notes. Permissu supe

riorum, 1680."-Mr. Pugh, the publisher of this work, was brought up and entered among the jesuits, but was afterwards permitted to quit the order. The publication of the private letters inserted in it, is unjustifiable: some expressions in these are censurable; but they do not warrant either the harsh expressions, which the editor applies to them, or the consequences which he draws from them. See Dodd, vol. iii. p. 288. On Blackloe's Cabal, vide the next chapter, s. 3.

"in any other manner, any person whatever, or "several persons, of what condition soever they

be, for this reason, that they are accused, con"demned, censured, or excommunicated for error " or heresy."

Fifty-nine English catholic gentlemen, and several of the English catholic clergy, signed the negative of all these propositions.

It has been said, that the subscription of this negative was condemned by pope Innocent the tenth; and that his condemnation of it was published, and acted upon. This, after much investigation, appears to the writer of these pages, to be very doubtful; particularly, as, in a letter, addressed to the pope's nuncio at Brussells, and, like all his other works, tediously written, but abounding in curious information and strong argument, father Walsh expressly declares, that, "whatever "his judgment was, pope Innocent did not publish "it, by way of bull or brief, either to the catholics "of England, or any other:" and that, "if any "decree were either made or projected of that

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matter, in a consistory of cardinals, with the "assistance and command of Innocent, and after"wards sent by him to Paris or Brussells, to the nuncio, (as there was a report of its being sent "to the nuncio at Paris),-nothing had been heard "more of its publication: but it remained sup"pressed, according to that report, in the hands of "the nuncio." The most probable account of this transaction, appears to the writer to be contained in an interesting letter of the celebrated Dr. Holden,

published by Walsh, in his History*. From this letter, it appears likely, that, being unwilling to permit an express denial of his deposing power, but afraid of formally asserting it, the pope signed a condemnation of the document in question, but withheld the publication of the instrument of condemnation.

It is remarkable, that father Walsh explicitly affirms in his letter to the nuncio, that the briefs, by which Paul the fifth condemned the oath of allegiance proposed by James the first, were owing to the misrepresentations made to his holiness of the contents of the oath, as the pope had been taught to believe, that it contained a denial of his right of excommunication †.

In the work intituled "Blackloe's Cabal," the three propositions which have been mentioned, are* stated, in terms somewhat different from those in which we have presented them to the reader; but the difference appears to us to be merely verbal. The editor of that compilation has transcribed in it, an oath of allegiance, proposed by the English catholics, about this time, to be taken by them to Charles the first. This makes it probable, that both royalists and parliamentarians were then endeavouring to attract the catholics to their party.

The reader must not, for a moment suppose, that the objections of Innocent to the subscription of

*History of the Irish Remonstrance, p. 533. The propositions and Holden's letter were published, separately, in quarto; a copy of the publication is in the British Museum. + History of the Irish Remonstrance, p. 524.