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authority_n	bishop_n	rome_n	successor_n	2,241	5	9.1979	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A03941	A Nevv-Yeares gift for English Catholikes, or A briefe and cleare explication of the new Oath of Allegiance. By E.I. student in Diuinitie; for a more full instruction, and appeasement of the consciences of English Catholikes, concerning the said Oath, then hath beene giuen them by I.E. student in Diuinitie, who compiled the treatise of the prelate and the prince.	E. I., student in divinitie.; Preston, Thomas, 1563-1640.	1620 (1620)	STC 14049; ESTC S119291	68,467	212

Wee most humbly beseech Her Maiestie that in this our recognizing and yeilding Caesars due vnto Her wee may also by Her Gracious leaue be permitted for auoyding Obloquie and Calumnies make knowne by like publike Act that by yeilding Her right vnto Her wee depart from no bond of that Christian Dutie which we owe vnto our Supreme spirituall Pastour And therefore wee acknowledge and confesse the Bishop of Rome to be the Successour of Saint Peter in that See and to haue as ample and no more Authoritie or Iurisdiction ouer vs and other Christians then had that Apostle by the gift and commission of Christ our Sauiour and that Wee will obey him so farre forth as we are bound by the Lawes of God to doe which we doubt not but will stand well with performance of our Duty to our Temporall Prince in such sort as we haue before professed For as we are most ready to spend our bloud in the defence of Her Maiestie and our Country so we will rather lose our liues then infringe the lawfull authoritie of Christs Catholike Church William Bishop Iohn Colleton Iohn Mush Robert Charnocke Iohn Bosseuile Anthonie Hebborne Roger Cadwallader Robert Drury Anthony Champney Iohn Iackson Francis Barneby Oswald Needham Richard Button This Protestation of the thirteene Catholike Priests to which a great number more would haue subscribed if the Articles which those Priestes gaue vp to the State had beene returned them backe but some few dayes before the end of the time prefixed to them by the Proclamation to make known to the State their Allegiance was the ground and foundation from whence the Parliament as the Lord Archbishop of Canterburie D. Bancroft told a friend of mine framed the forme of this new Oath of Allegiance as agreeable to the doctrine which any Catholike subiect according to the grounds of true Catholike Religion might lawfully maintaine to make thereby a true distinction not betweene Protestants and Catholikes but betweene ciuilly obedient Catholikes and in all other things good Subiects and such other Catholikes as in their hearts maintained the like violent bloodie maximes that the Powder-Traitours did See beneath in the third Obseruation And doubtlesse whosoeuer will compare the new Oath and their Protestation together and doe withall consider that Queene Elizabeth was long before that time depriued of all Regall power authoritie dignitie and Iurisdiction by the Bull of Pius Quintus and also obserue vpon what assured grounds and principles those Priests could lawfully acknowledge her Maiesty to haue as full Authority Power and Soueraignty ouer them and all the Subiects of this Realme as any Her Predecessours euer had and also could lawfully promise that they would yeild to Her Maiestie all Obedience in Temporall Causes notwithstanding any authority or any Excommunication whatsoeuer denounced or to be denounced against Her Maiestie or Her Subiects as is aforesaid he will cleerly perceiue that their Protestation is all one in effect and substance with this new Oath of Allegiance and that the only difference betwixt them is that in the Oath the Popes authority to depose the King c. is expresly and in plaine wordes denyed and in their Protestation the deniall thereof is only couertly vertually and by a necessary consequence implyed notwithstanding all the euasions tergiuersations turnings windings sayings and vnsayings which any one of these Priests if for some worldly respect or other motiue hee should now repent him of what he had done could to excuse himselfe from Periurie possibly vse or inuent A Copie of Master Iohn Colletons Petition to the Lord Archbishop of Canterburies Grace wherein hee confirmeth his former Protestation many yeeres after the new Oath of Allegiance was established IF your Grace and the State saw the present affections of my heart and were pleased to looke on my carriages past neyther trouble some or vnrespectiue I hope the fauour I am to desire albeit it may seeme extraordinary yet the same could not altogether be deemed vnworthily extended The voluntarie and free Recognition I made in the late Queenes Reigne as it then sufficed and is now extant in print so doth it still witnesse the readinesse of my professed Allegiance in all Secular and Ciuill affaires Neither haue I bin am now or by Gods grace euer shall be otherwise affected then in like sort to acknowledge his Maiestie that now gouerneth for my lawfull Dread Soueraigne obey in all Politicall administration and defend his sacred Person Crowne and Dominions to the vttermost of my power against all enemies of what place and calling soeuer The commiseration I most humbly beseech your Grace to take of my aged yeeres accompanied with sundrie infirmities is to stand so good Lord vnto me as to enlarge me vpon sufficient securitie for my appearance before your Honour at the time your Lordship shall thinke fit to assigne An euident meane of lengthing my life beside the easing of the heauy charge my imprisonment imposeth I would very gladly haue beene herein my owne Sollicitour in person but that I hold the boldnesse greater in respect of my disgracefull state then I durst to aduenture on without your Lordships good liking thereunto first vnderstood 26. of March 1610. Your Graces most suppliant Petitioner IOHN COLLETON A Copie of the Declaration and Acknowledgement which Master Iames Houghton alias Thomas Green a Religious Priest of the Order of Saint Benedict and professour of Dininitie made vnder his owne hand writing to the Lord Bishop of Durham the first of Nouember 1619. touching his opinion of the Oath of Allegiance Iames Houghton alias Thomas Green his opinion touching the Oath of Allegiance 1 FIrst I do ingenuously confesse that his Maiestie had very iust cause by occasion of that most trecherous plot of the Gunpowder-Treason to propose to all his Subiects English Catholikes 〈◊〉 Oath of ciuill fidelitie and obedience due vnto Kings both by the Lawes of God and Nature and that in most effectuall and peremptory termes for tryall of their fidelity and loyalty to H●… Maiestie their true Soueraigne Lord and King 2. Secondly it seemeth to me that the Church had done her dutie if she had shewed her dislike of that odious practice of the Gun-powder-Treason by some publike declaration in detestation thereof both for his Maiesties satisfaction and for the confirmation of his Catholike Subiects in their fidelity and allegiance vnto Him 3. Thirdly I doe ingenuously confesse that to me it seemeth most true that the doctrine which approueth murthering of Kings by their owne Subiects or any else is both damnable and hereticall yea though it be in casu Apostasiae a fide aut Infidelitatis in case of Apostasie from faith or of Infidelitie 4. Fourthly I do ingenuously grant that it seemeth to mee in my priuate iudgement that there is nothing in the Oath but that it may according to Roger Widdrington his Glosse and Exposition be lawfully taken of English Catholikes His Maiesties Subiects though some both Learned and Religious hold

crying out to them to take heede be not only partakers of their spirituall harme but doe also cooperate to their temporall ruine and so haue cause to rue your silence and to cry out your selues when it is too late Vae mihi quia tacui Woe is mee because I haue held my peace Isa 6. But if perchance any of you who in your consciences thinke the Oath to be lawfull should for some worldly respect which God forbid cry out against the takers or approouers thereof this were not only to sin most damnably against your owne consciences but also in some sort against the Holy Ghost and to impugne that which in your soules and consciences you thinke and acknowledge to bee true which how hardly it is forgiuen either in this World or the next Mat. 12. our Sauiour himselfe doth expresly witnesse 4. Lastly those Priests that in their consciences thinke the Oath to be vnlawfull and thereupon do not only giue warning to those whom they haue taken vpon them to guide and direct to take heede and beware of the spirituall danger which they thinke will arise by taking the same but also in their zeale do cry out against their Catholike Brethren who either doe take the Oath or thinke it to be lawfull as Apostates from the Catholike Faith and Religion and disobedient children to the Pope and Church giuing the like occasion to others to cry out against them as Apostates from their naturall Allegiance and disobedient disloyall Subiects to their temporall Prince it behoueth them most of all to looke to themselues and according to the admonition which Card. Bellarmine vpon occasion of relating the fearefull death of Pope Innocentius the III. giueth to Prelates and Pastours Bellar. de ge●…itu columbae lib. 2. cap. 9. to examine all the secrets of their consciences most exactly lest perchance it bee erroneous albeit to them it seeme to be sound iust and that their zeale albeit to them selues seeme pure and according to knowledge bee not blind and grounded vpon wilfull or culpable ignorance like that which the Iewes had in crucifying our Sauiour and Saint Paul when he was Saul in persecuting his Disciples who thought thereby to doe God great seruice 5. And truly if their Zeale were hurtfull to none but to themselues they would doubtlesse be the more excusable but considering how preiudiciall it is both to his Maiesties honour and also to his temporall Soueraigntie how scandalous it is to Catholicke Religion and how iniurious it is to their Catholike brethren not inferiour to themselues in vertue and learning whom they seeke to disgrace and to make odious to all Catholickes epecially to their benefactors and friends and so by taking from them their good names and maintenance to bring them into extreame want and miserie and as much as in them lyeth into manifest desperation for which they are one day to render a most strict account they haue great cause to examine their consciences narrowly and carefully to consider vpon what assured grounds they can excuse themselues at the dreadfull day of Iudgement for taking such scandalous iniurious and vncharitable courses both against their Soueraigne Prince whom next vnder God they are bound to honour and obey in temporals and also against their Catholicke brethren who not onely are as learned and religious as themselues but also haue examined this important controuersie and all the danger both spirituall and temporall that dependeth thereon as diligently if not farre more then they themselues haue done 6. To the end therefore that all of you my deare Countrimen may examine your consciences in this poynt of the Oath more easily and eactly and be more fully instructed therein then you haue beene by I. E. the Authour of the Prelate and the Prince who if the common rumour bee true will heare shortly with shame enough what goodly Instructions he hath giuen you I haue out of Roger Widdringtons expresse doctrine and grounds collected this little Treatise which for that it was finished this first day of the yeare I am bould to present it to your Charities for a New-yeares-gift as a small token of the great desire I haue both of your spirituall and temporall welfare And my onely request is that you will bee pleased to read it as I hope you will it beeing neither so prolixe but that in some few houres you may mane it ouer nor so obscure but that any man of meane capacitie may vnderstand it and after you haue read it to iudge thereof accordingly And if I shall heare that you haue reaped any benefit thereby I shall thinke my paines exceeding well bestowed but howsoeuer I shall not thinke my labour lost by giuing you this euident token of my loue for that the loue and dutie I owe to my Prince and Countrie to the Catholicke Religion and to you my deare Catholick brethren and aboue all to God Almightie the Author of all truth yea truth it selfe and who will in due time render to euerie man according to his workes Rom. 2. hath for the defence of a necessarie truth moued mee to take this paines And so with my best wishes I bid you heartily farewell hoping that you will bee wise and not be transported with a blind and intemperate zeale towards Prince or Prelate but that you will bee carefull to feare God to honour the King and without all partialitie to render to God and Caesar and consequently to Popes and Princes that which is their due A Copie of the new Oath of Allegiance deuided into eight Branches as it is in this Treatise explayned 1. I A.B. doe truely and sincerely acknowledge professe testifie and declare in my conscience before God and the World That our Soueraigne Lord King Iames is lawfull and rightfull King of this Realme and of all other his Maiesties Dominions and Countries 2. And that the Pope neither of himselfe nor by any authoritie of the Church or See of Rome or by any other meanes which any other hath any Power or Authoritie to depose the King or to dispose any of his Maiesties Kingdomes or Dominions or to authorize any forraigne Prince to inuade or annoy Him or his Countries or to discharge any of his Subiects of their Allegiance and Obedience to his Maiestie or to giue license or leaue to any of them to beare Armes rayse Tumults or to offer any Violence or hurt to his Maisties Royall Person State or Gouernment or to any of his Maiesties Subiects within his Maiesties Dominions 3. Also I doe sweare from my heart that notwithstanding any Declaration or Sentence of Excommunication or Depriuation made or granted or to be made or granted by the Pope or his Successours or by any Authoritie deriued or to be deriued from him or his See against the said King his Heires or Successours or any absolution of the said Subiects from their Obedience I will beare Faith and true Allegiance to his Maiestie his Heires and

denyed the Popes authoritie to command in temporals in order to spirituall good or to declare that they who haue authoritie to depose or to make warre are bound to vse their temporall authoritie and to draw forth the temporall Sword when the necessitie of the Church and the spirituall good of soules shall require the same for this authoritie of declare and command doth not exceede the limits of spirituall power as Widdrington hath shewed at large heretofore Widdr. in Apol nu ●… and in all his other Bookes very often but especially in his Answere to Fitz-herb But here is only denyed the Popes authoritie to depose temporall Princes to dispose of their temporals to vse or draw forth the temporall Sword or to authorize temporall Princes or subiects to vse or draw forth the same for whosoeuer giueth authoritie to another man to vse the temporall Sword hath authoritie to vse it himselfe although sometimes for want of strength or some other necessarie Instrument hee cannot vse it himselfe yet still he hath authoritie to vse it 7. And although a Commander which I wish the Reader to obserue for the Author of the Prelate and the Prince is commmonly said to doe that thing which is done by his Commandement and so hee that counsaileth consenteth or any way concurreth although per accidens and not by any proper vertue or influxe of his owne is said to doe that thing as hee that applyeth fire to straw or commandeth counsaileth yea or doth not hinder the applying thereof when hee is bound to hinder it is said to burne the straw although hee bee no true and proper efficient cause of the burning thereof but only a cause per accidens yet a Commander is not said to doe that which hee commandeth as a true and proper cause or as hauing authoritie to doe that thing which hee commandeth whereof this Branch of the Oath doth only speake but only as a cause per accidens which according to the doctrine of all Philosophers is no true and proper efficient cause vnlesse by his proper power vertue influxe or authoritie hee concurre to the doing thereof and that the person commanded hath his power vertue or authoritie to doe that thing deriued from the Commander or depending on him 8. For which cause a Painter who commandeth his Seruant to make a Picture and giueth him rules and directions how to mingle his Colours and afterwards to apply them which without the directions of his Master hee himselfe could not doe is the principall cause and agent of making that Picture and the Seruant is only his Instrument or Minister for that all the Arte hee hath to make that picture is deriued from the commaundement and directions of the Painter and depending on him and yet a King who hath no skill to paint and commaundeth the Painter to make a picture is no true and proper efficient cause of making that picture but onely a cause per accidens by morally applying the Painter that hath skill to vse the same So likewise a Prince who commandeth his Officers to condemne and put to death an egregious malefactour is the principall cause of his death and the Officers are onely his Instruments Ministers and Executioners for that all the authoritie which they haue to condemne and kill that malefactour is deriued from the Prince and depending on him because onely the Prince doth authorize or giue them authoritie to pronounce and execute that sentence And yet the Pope commaunding a Prince to vse his temporall sword power or authoritie when the necessitie of the Church shall require the same as to make warre inuade any Countrey or to put any egregious malefactor to death is onely a cause per accidens of that warre c. by applying morally to wit by his commandement the person who hath authoritie to make warre c. to the making thereof But the Pope is no true and proper cause of that warre c. neither can hee bee said to make that warre as hauing authoritie to make it or as authorizing or giuing authority leaue or licence whereof onely this branch maketh mention to the Prince to make that warre c. Neyther is the Prince in making that warre c. the Popes Instrument Minister or Executioner as the Author of the Prelate and the the Prince absurdly affirmeth for that he hath not his authoritie to make warre c. deriued from the Popes commandement or depending on it whereas according to the doctrine of all Philosophers it is necessary to an Instrument that it haue all it vertue to worke deriued from the principall Agent or depending on it but all the authoritie which temporal Princes or Common-wealths haue in temporall affaires is deriued from the law of Nations or Nature and not from the Popes authoritie or commandement 9. By which it is apparant how grosly the said Author of the Prelate and the Prince in excepting against this Branch was mistaken for not considering the difference betweene a Commander who hath onely authoritie to command but not to execute or doe that which hee commandeth to be done and a Commander who hath authoritie both to commaund and also to execute or doe that which he commandeth to be done although perchance he cannot effect it for want of strength or effectuall meanes but not for want of authoritie as euerie lawfull Prince hath sufficient authoritie to subdue his Rebels and yet hee cannot alwaies effect it not for want of authority but for want of strength force or effectuall meanes because his Rebels are more strong and potent then he is CHAP. III. The Third Branch of the Oath and an Explication thereof ALso I doe sweare from my heart that notwithstanding any Declaration or sentence of Excommunication or Depriuation made or granted or to be made or granted by the Pope or his Successours or by any Authoritie deriued or pretended to be deriued from him or his Sea against the said King his Heires or Successours or any absolution of the said subjects from their obedience I will beare faith and true allegiance to his Maiestie his Heires and Successours and him and them will defend to the vttermost of my power against all cōspiracies attempts whatsoeuer which shall be made against his or their Persons their Crowne and dignitie by reason or colour of any such sentence or declaration or otherwise and will doe my best endeuour to disclose and make knowne vnto his Maiestie his Heires Successors all Treasons Traiterous Conspiracies which I shall know or heare of to be against him or any of them 1. This Branch of the Oath is somewhat clearer then the former because it doth not expressely and in plaine tearmes deny the Popes Authoritie to depriue or depose Princes but it onely containeth in expresse words a promise which the Subiect confirmeth by Oath that if in case the Pope hath denounced or hereafter should denounce any sentence of Excommunication or Depriuation against the King his Heires

or Successours or any absolution of the said Subiects from their obedience yet he wil beare faith and true allegiance to his Maiestie his Heires and Successours and him and them will defend c. Neuerthelesse the lawfulnesse or iustice of this promissorie Oath supposeth for the principall ground thereof the veritie of the former assertorie Clause and therefore it implieth and vertually containeth a deniall of the Popes authoritie to depriue or depose Princes and to absolue Subiects frō their temporall allegiance for that whosoeuer doth sweare that notwithstanding any sentence of depriuation or absolution of subiects from their obedience made or hereafter to be made by the Pope or his Successours against his Maiestie his Heires or Successours to make this promise iust and lawfull he must consequently deny that the Pope hath Authoritie to depriue Princes or to absolue Subiects from their obedience as Suarez examining this Branch of the Oath doth most clearely demonstrate Suarez in Defens lib. 6. cap. 3. See Widdring against Fitzherbert part 1. cap. 5. For if the sentence of depriuation to be made at any time hereafter against the King his Heires or Successours for any manifest cause or crime whatsoeuer may be iust lawfull and effectuall it is as vnlawfull to take this clause as it is vnlawfull for one to sweare that he will not obey the Popes sentence and commandement which hereafter he shall impose be it neuer so inst and without all errour or default But if this sentence of depriuation at any time hereafter to be made can neuer be iust it must needs follow that the Pope hath no more authoritie to depriue or depose the King his Heires or Successours then he hath authoritie to commit open iniustice 2. Wherefore those thirteene Reuerend Priests who solemnly protested to Queene Elizabeth that notwithstanding any authoritie which words are farre more generall then notwithstanding any sentence of depriuation or any Excommunication either denounced or to be denounced against her Maiestie c. they would yeeld to her Maiestie all obedience in temporall causes would then haue made no difficultie to take this Branch of the Oath and consequently to free themselues from periurie they must also deny the Popes Authoritie to depriue and depose Princes for that the iustice of this Branch implieth supposeth as a chiefe ground thereof a deniall of the Popes authoritie to depriue and depose as Suarez doth most plainely conuince 3. First therefore in this Clause is not denied the Popes power to Excommunicate but onely that Excommunication being a spirituall censure doth not worke this temporall effect as to make Kings no Kings or to depriue them of their Royall right and Soueraigntie and consequently not to absolue Subiects from their naturall allegiance which according to the doctrine of Card. Bellarmine and Suarez they doe by the law of God and Nature owe to their lawfull Prince Bell. in Tract contra Barclaium cap. 21. pag. 202. Suarez in Defens c. lib. 6. cap. 3. nu 6. And thus much his Maiestie hath also in expresse words declared The truth is saith his Maiestie The Kings Maiestie in his Premonition c. pag. 9. that the Lower house of Parliament at the first framing of this Oath made it to containe that the Pope had no power to Excommunicate mee which I forced them to reforme onely making it to conclude that no Excommunication of the Popes can warrant my Subiects to practise against my Person or State denying the deposition of Kings to be in the Popes lawfull power as indeede I take any such temporall violence to be farre without the limits of such a spirituall censure as Excommunication is And also that depriuation or deposition from temporall kingdomes is not an effect of Excommunicatiō Widdrington hath shewed at large heretofore and Becanus and Suarez doe also in expresse words affirme the same Widdrington in his Apologie nu 346. in his Answer to Suarez part 2. sect 4. and in his Answer to Fitzher part 3. cap. 1. Frō hence it is very apparāt saith Becanus Becanus in quest de fide haereticis seruanda ca. 8. nu 16. and in his Controuersia Anglic. cap. 3. qu. 2. that Heretikes by this precisely that they are excommunicated are not depriued of their Dominion or Iurisdiction either ouer their subiects or ouer their temporall goods but this depriuation is a destinct punishment and inflicted by a destinct law And againe It is one thing saith he to excommunicate a King and another thing to depose him or depriue him of his Kingdome neither is the one necessarily connected with the other Many Kings and Emperours haue beene excommunicated and yet not therefore deposed and contrariwise many deposed and yet not therefore excommunicated See also Suarez cited by Widdrington in his Apologie Suarez tom 5. disp 15. sect 6. nu 3. and in his answere to Suarez and Fitzherbert 4. And therefore in very truth I am sorie and doe in some sort pittie the Author of the Prelate and the Prince a man whom heretofo●e I haue much loued respected and honoured that he should so grosly forget himselfe as to bewray so palpably such great want of learning iudgement and sinceritie in affirming so boldly and without any proofe at all Pag. 298. that depriuation of Regall authoritie is an effect of excommunicating Kings and Princes and so in denying the effect the cause is denyed For as saith he if you should say A man is not risibilis that is hath not power to laugh you should deny him to be a man so in denying that the Pope can depriue Princes of their Kingdomes you deny in effect that he can excommunicate Whereas this Authour knew right well that Widdrington in that very Chapter which hee citeth did by the expresse doctrine of Suarez and Becanus but now related cleerely prooue against Lessius who vrged euen as nakedly and without any proofe at all the same obiection that depriuation is no effect at all of Excommunication much lesse proprium quarto modo as risibilis a power to laugh is to a man as this Authour most vnlearnedly affirmeth And yet forsooth he taketh vpon him as it may appeare by the very Title and Inscription of his Treatise to giue a full Instruction and appeasement to the consciences of English Catholikes concerning the Oath of Allegiance But this shall suffice at this present for an imperfect portraying of this Authours want of iudgement and sinceritie in his Explication of the Oath of Allegiance especially if wee consider his person the Office hee now beareth and the doctrine which in former times hee held for that as I am told his perfect Picture both in this and other points is alreadie drawne and will be set forth in liuely colours ere it be long 5. Secondly it is euident by the former Obseruations that those wordes Heires and Successours doe not signifie Vsurpers as some would wrest them contrarie to the meaning of the Law the