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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

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that false and peruerse opinion shall be held for seditious and to bee censured All Strangers that shall write and publish it for sworne Enemies of the Crowne All his Maiesties Subiects that shall adhere vnto it of what qualitie or condition soeuer they be for Rebels infringers of the fundamentall Lawes of the Kingdome and guiltie of Treason in the higstest degree And if there be found any booke or Discourse written by any Stranger Ecclesiastike or of any other qualitie that containeth any proposition contrarie to the said Law directly or indirectly the Ecclesiastikes of the same Order established in France shall be bound to answere them to impugne and contradict them incessantly without respect ambiguitie or equiuocation vnder paine of being punished with the same punishments as aboue said as abetters of the enemies of this State This Article is in effect and substance all one with our new Oath of Allegiance and the lawfulnesse thereof is manifest by the former Discourse and how greatly Card. Peron was mistaken in impugning the said Article Widdrington sheweth both in his Answere to Fitz-herbert part 3. chap. 11. num 15. seq and in his Discussion of the decree of the Lateran Councell against Lessius part 2. sec 9. and part 3. sec 9. A Copie of the Arrest or Decree of the Parliament of Paris wherein Card. Bellarmine his booke against William Barclay is condemned Taken out of the Records of the Court of Parliament the 26. of Nouember 1610. THis present day the Kings Solicitours Lewis Seruin the Kings Attorney making the Declaration and Lewis Duret the Kings Aduocate subscribing aduertised the Court that it was related to them that some few daies since there hath beene divulged in this city of Paris a new booke entituled Tractatus de potestate Summi Pontificis in temporalibus aduersus Gulielmum Barclaium Auctore Roberto S. R. E. Cardinale Bellarmino Romae per Bartholomaeum Zannetti printed this present yeere out of which booke diuers persons some with a good intent and others with an euill haue divulged many things which they haue collected from thence And because this Booke doth containe propositions which are preiudiciall to the Kings power and authoritie and to the State of France of whom the Author speaketh in the same manner as of other Kings Princes and Common-wealths they haue through their care gotten a Copie thereof which they hauing exactly read and examined thought it their duties to aduertise the Parliament of those things which are against the Powers established by God and especially against this Kingdome Wherefore they haue obserued that Cardinall Bellarmine doth in this new Treatise not only teach those propositions which hee affirmed in his former books as in that booke which is intituled De Romani Pontificis Hierarchia written in the time of Pope Sixtus the V. and dedicated to the said Pope which he hath deuided into fiue books in the last whereof hee maintaineth that the Pope hath temporall power indirectly But they also haue obserued that to this erroneous assertion others no lesse false and tending further are added in the places by them cited which the Parliament if it be so pleased may behould And first the very Title is to be obserued wherein he giueth to the Pope a power in temporals Then hee bringeth diuerse authorities from the writings of Italians French-men Spaniards Germans English Scots beginning with Pope Gregorie the VII who liued in the yeere of our Lord 1073. c. Wherefore to the end that fraud and deceit may for the safegard of true French men be preuented the aforesaid Attorney generall considering that in regard of Conscience and the office which hee beareth in being the Kings Attorney he is bound sincerely to discharge his duty produceth Cardinall Bellarmines booke which was written when our King Henry the Great was liuing in whose raigne none durst aduenture to diuulge the same but published forthwith as soone as he was dead wherein hee hath noted diuers places which the Parliament may peruse especially pag. 37 38. 57. 58. and 76. 77. to which may be added 160. 115. 116. And moreouer he exhibiteth in written hand the requests which the Kings Attorneys doe in the Kings name demand to wit that by Decree of the Parliament it be enacted That none of what qualitie or condition soeuer shall receiue haue keepe print or vtter this booke of Bellarmine vnder paine of Treason ordained against those that shal transgresse the same c. The matter being examined The great Chamber Criminall and of the Edict being assembled THe Court hath decreed and doth decree that no person of what qualitie or condition soeuer vnder payne of Treason ordayned against those that transgresse the same doe receiue keepe communicate print vtter or sell the said Booke which contayneth that false and detestable proposition tending to the subuersion of supreme Powers established and ordayned by God inciting Subiects to rebellion and derogating from the authoritie of Princes animating to attempt against their liues and Crownes and finally to disturbe the publike peace and quietnesse Those that haue Copies of the saide Booke or know any that haue are commanded forthwith to make it knowne to their Iudges that vpon the demand of the Kings Attorneys Inquisition bee made against the Crime and those that be guiltie be punished accordingly It forbiddeth vnder the same punishment Doctours Professours and others to treat dispute write teach directly or indirectly in Schooles Colledges or other places the said proposition The said Court doth ordayne that this Decree bee sent read published recorded and obserued according to the afore said manner and forme in all the Benches subiect to the Iurisdiction of this Court. The Substitutes to the Kings Attorney are commanded to cause forthwith this Decree to be put in execution and to aduertise the Court within a moneth of their diligence Made in Parliament vpon Friday 26. Nouemb. 1610. Signed VOISIN The decree being made the Kings Attorneys were sent for to whom the pleasure of the Court was signified and according to the Decree the said Booke of Bellarmine was deliuered to their hands A Decree of the Court of Parliament made the 26. and executed the 27. of Iune 1614. Against a Booke printed at Collen this present yeare which is entituled Francisci Suarez Granatensis Societatis Iesu doctoris Theologi Defensio fidei Catholicae Apostolicae aduersus Anglicanae sectae errores contayning many maximes and propositions contrarie to the Soueraigne powers of Kings ordayned and established by God the safetie of their persons the peace and quietnesse of their States The Place ✚ where the Kings armes of France and Nauarre are set At Paris By F. Morel and P. Mettayer the Kings ordinarie Printers and Stationers 1614. With his Maiesties Priuiledge Taken out of the Records of the Parment The Court of the great Chamber Criminall and of the Edict assembled hauing seene the Booke printed at Collen this present yeare entituled Francisci Suarez Granatensis Societatis
now in controuersie did not consider some Reason Law or Decree which hath great force against their opinion but contrariwise that the later Doctors being conuinced with that Reason Law or Decree doe now defend the contrarie opinion If therfore a learned man seeing that Law or Decree or considering that new reason doth defend the opinion of the later Writers against the ancient hee cannot follow in practice the opinion of the ancient Writers against his owne opinion or which is all one by reason of their authoritie and approbation because the opinion of the ancient who haue not seene or considered that Decree or Reason ought not now to be accounted probable And therefore Widdrington defining probable to bee that which is approued by learned and skilfull men for the better vnderstanding and explication of the last words he added who haue seene and examined the difficultie for if they haue not seene and considered that particular difficultie and controuersie they cannot bee accounted learned and skilfull therein 11. Now the particular difficulty and controuersie concerning this point and which those Popes and Doctours mentioned in the obiection did not consider and examine is whether supposing it to bee now a controuersie and to be apptooued by learned Catholikes that the Pope hath no authoritie to depriue Princes it be not open iniustice in the Pope to depriue Princes of their Kingdomes and Dominions which they really and bona fide doe possesse And therefore vnlesse it can bee conuinced that it is not at this day a controuersie among learned Catholikes whether the Pope hath authoritie to depriue which is as hard a matter as to proue that the Sunne doth not giue light at noone daies or else that it is lawfull vpon a doubtfull vncertaine controuersed probable power or title to thrust by violence any man out of that which heeactually and bona fide possesseth the practice of deposing Princes vnder pretence of the probability of the Popes power to depriue Princes cannot bee accounted probable to any learned man so much as to excuse him in conscience and in the sight of God from formall sinne and iniustice 12. But to conclude with this Obseruation which I wish you Deare Countremen diligently to consider That howsoeuer any Subiect concurring in practice with the Pope to the deposing of his lawfull Soueraigue Prince may vnder pretence of some probabilitie of the doctrine to depose Princes by the Popes authoritie perswade himselfe that hee is excused from sinne and formall Treason in his conscience and before the sight of God wherewith Princes not knowing the secrets of mens hearts but leauing them to the iudgement of God doe not intermeddle in their Tribunals yet considering these two things The first that it is most certayne and out of all controuersie that hee is excused in conscience and before the sight of God from all sinne and offence in defending his lawfull Prince who is in possession and in resisting such inuasions and depositions which are grounded only vpon a probable power and title whereas hee cannot with any reason assuredly perswade himselfe that hee is secure in conscience by taking part with the Pope against his Prince who is in possession of his Crowne The Second that it is also most certaine and out of all controuersie that hee may iustly in taking the Popes part against his Prince being inuaded and depriued vnder pretence of a probable power and title although in very deed the power and title were neuer so probable bee accused and condemned both in the Secular and also Ecclesiasticall Court of the Prince inuaded of open and manifest Treason and as a manifest Traitour be deseruedly put to death for that it is open iniustice in the Pope saith the Authour of the Prelate and the Prince to depriue a Prince of his Kingdome to which hee hath probable right and withall possession and consequently it is open Treason in the Subiect to take part with the Pope in that case against his rightfull Prince These two things I say being duly considered I thinke those Subiects to bee starke mad and senslesse and to haue neither the feare of God nor Man before their eyes that can be drawne to approue such damnable practices and consequently neither the doctrine grounds and principles thereof or to concurre with the Pope to the deposing and dispossessing of their Soueraigne Prince vnder pretence of a power title and clayme which euen in speculation and abstracting from practice can bee at the most but probable And so recommending to your prudent considerations this my serious and sincere aduertisement I make an end and request you euer to haue in minde that which I said in the beginning and cannot too often repeate Feare God Honour the King Render to God and Caesar and consequently to Popes and Princes that which is their due 1. Pet. 2. Mat. 22. A Copie of the Oath of Allegiance or the First Article which the Lower House of Parliament wherein of 200. Deputies for the Third Estates were but sixe Protestants propounded to the French King to haue established for a fundamentall Law in the generall Assembly of the three Estates holden at Paris in the yeere 1614. The First Article of the Third Estates taken out of a Booke intituled Apologie de l'Article primier du Tiers Estat pag. 4. THat to stay the course of that pernitious dostrine which some years since hath been broached against Kings and Souereigne powers established by God by seditious spirits who attend only to disturbe and subuert the same Supplication may bee made to the King that hee will cause to bee decreed in the Assemblie of these Estates for a fundamentall Law of the Realme That for as much as hee is acknowledged Soueraigne in his Estate nor houlding his Crowne but from God alone There is not any power on Earth whatsoeuer it be Spirituall or Temporall which hath any right ouer his Kingdome to depriue the sacred persons of our Kings nor to dispence or absolue for any cause or pretence whatsoeuer their Subiects from the Allegiance and obedience which they owe to them That all the Subiects of what qualitie or condition soeuer they be shall hould this Law for holy and true as agreeable to the Word of God without distinction equiuocation or limitation whatsoeuer Which shall be sworne and signed by all the Deputies of the Estates and from henceforth by all that haue Benefices or offices in the Kingdome before they enter into possession of their Benefices and bee admitted into their Offices That all Masters Regents Doctors and Preachers shall bee bound to teach and publish that the contrarie opinion to wit that it is lawfull to kill and depose our Kings to rise vp and rebell against them to shake of the yoake of their obedience for any occasion whatsoeuer is impious detestable and contrarie to truth and against the establishment of the State of France which dependeth immediatly on none but God That all Bookes which doe teach