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A16796 The copie of a letter vvritten by M. Doctor Allen: concerning the yeelding vp of the citie of Dauentrie vnto his Catholike Maiestie, by Sir VVilliam Stanley knight. VVherin is shevved both hovve lavvful, honorable and necessarie that action vvas; and also that al others, especiallie those of the English nation that detayne anie tovvnes, or other places, in the lovve countries from the King Catholike are bound, vpon paine of damnation, to do the like. Before vvhich is also prefixed a gentlemans letter, that gaue occasion, of this discourse. Allen, William, 1532-1594.; R. A., fl. 1587.; Ashton, Roger, d. 1591, attributed name. 1587 (1587) STC 370; ESTC S112764 16,431 30

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against vvicked King Achab and cursed Iesabel nor to see permit and proue them for their impietie condignly punished vvherunto the very Priestes and Prophetes of God did by counsel and encouragemēt cooperate In vvhich case vve may see for our instruction not only tovvnes vniustly detayned to be restored to the true Lordes but an impious Kings ovvne countries also cities lavvfully by reuolt of the people yeelded vp to other mennes handes As the Scriptures do recorde of the countries and cities of Edom and Lobna VVhich reuolted from King Ioram and from the Dominion of Iuda for euer yeelding this cause therof Dereliquer at enim Deum patrum suorū For saith the holie storie he had forsaken the God of his fore-fathers To forsake them that forsake God is most lavvful honorable necessaire As contrarievvise to serue and defend them vvhom God by the sentence of his high Priest Tribunal in earth hath pulled dovvne vvil haue punished is to fight against God and to resist his ordinaunce And I pray you Gentlemen to geue you domestical examples vvhat disgrace or shame vvas it for al the chiefe Lordes of our countrie to reuolt from King Iohn in his dayes absolutly to denie him ayde assistence euen in his lavvful vvarres vntil he returned againe to the obedience of the Sea Apostolike and vvere absolued from the Censures of the same vvhich he had iustly incurred Or for the English Nobilitie specially for the renovvmed Stanley one of this Sir William his house and name to reuolt from King Richard the Tyrant and to yeeld him selfe and his charge to Henrie the seuēth vvhat dishonour vvas it for the Nobilitie of England in our memories to forsake Iane the pretended Quene Northumberland the father of him vvhom novve you haue forsakē to yeeld the Tovvre committed to their custodie and them selues to the lavvful and most Religious Quene Marie Notvvithstanding vvhat vniust bandes of oth or promisse soeuer they had made of feare pusilanimitie to the said vsurper Haeretical Quene before In al these the like there is neither sinne nor shame nor scandal committed For that to reuolt is of it selfe lavvful or vnlavvful honorable or othervvise according to the iustice or iniustice of the cause or difference of the person from or to vvhō the reuolt is made Wherin vvhen the right from the vvrong is euident in the Capitaines or souldiars conscience in al godlie mēs sight cleare vndoubted there nedeth no more discussing of the matter To conclude breifly In these vvarres al others that may at any time fal for Religiō against Haeretikes or other Infidels euerie Catholike mā is bound in conscience to enforme him selfe for the iustice of the cause The vvhich vvhen it is doubtful or toucheth Religiō as is said he ought to imploy his person forces by directiō of such as are vertuous and intelligent in such cases but specially by the general Pastour of our soules being Christes vicare in earth Whose soueraigne authoritie vvisdome deriued from Christ him selfe may best instruct and vvarrant à christian souldiar hovve farre vvhen and vvhere either at home or abrode in ciuil or foraine vvarres made against the enimies or Rebelles of Gods Church he may and must breake vvith his temporal soueraigne and obey God and his spiritual Superiour Againe Gentlemen by this your retiring your selues from the seruice of Gods and the churches enimies you haue not only prouided vvel for your consciences honour saluation but also for the encrease of your knovvledge and experience in art militare and of the exact order discipline to be obserued in the same being novve to serue vnder so vertuous valerous fortimate famous and victorious à General as hath had fewe peers in these latter ages And in companie of so manie valiant and expert Capitaines and souldiars of diuerse Nations as no vvhere in Europe better can be founde Which your selues my maisters may more easely consider by comparing your late General my Lord of Lecester his vertues famous factes scilicet vnto the glorious exploytes victories atchiued by the Duke of Parma his Highnesse Or the disorder of the English irreligious and licentious companies to the religious discipline of the Catholike campe Betvven vvhich I doubt not but you finde à meruelous difference and shal do dayly more and more to your infinite contentment Would to God by your honorable example al others our deceiued countriemen vvould begince to thinck earnestly hovve to discharge them selues of that dangerous infamous seruice of Haeretikes and Rebelles and render them selues into this most iust and godlie course that you are happely entred into Which they should the rather speedely resolue vpon for that they can not be so ignorant of the times lately past or the present dayes but they must nedes haue marked hovve God him selfe fighteth for the iust causes of his Catholike Maiestie and generally for al Catholike Armies against Haeretikes and Rebelles Wise men haue noted that though God for our sinnes hath suffered and stil doth permit Haeretikes to keepe great broiles in al partes almost of the vvorld for à time yeat he euer hath put them in fine to confusion geuing the victorie lightly in al battailes and encounters to the Catholikes And that oftentimes very miraculously defeating as in the vvarres of the Machabees els vvhere in old time great numbers vvith à very fevve for one Catholike à thousand Haeretikes slaine and many glorious victories obtained vvithout any bloudshed For Luther Zvvinglius his time I referre you to the recordes of Germanie and Svvizerland vvhich set dovvne the ouerthrovves of Haeretikes in the filde The fightes in Fraunce vvhere the Catholikes euer haue had also the victorie be in al our memories meruelous But of al others those of Flauders are most memorable Where besides the conflictes at Grunning Mock Mounts Rosandal Zeriksea Northorne Amerone Antvvarpe Luart Gemblovve the like in euery of vvhich the Lord God of Hosts mercifully fighting for his ovvne cause the Catholike Kinges right verie few Catholikes vvithout any losse of men in māner slevve and defeated manie thousandes of vvel appointed souldiars the same most iust God of reuenge hath notoriously put to rebuke and confusion al such forrein Princes and people as came to ayde his enimies And sometimes by his iust iudgement hath brought them to ruine euen by those same Haeretikes Rebelles that called for them and for vvhose protection they came into that countrie As vve haue seen both in the case of the Almaine French succourses And the like lucke seemeth to approch vnto our English forces except our Lord vvhich I hartely pray for cal them from that vniust and infamous seruice of Haeretikes VVho hauing the perpetual curse of Christ his holie Church lying heauely vpon them can no more escape speedie destruction then others who vnluckely
THE COPIE OF A LETTER VVRITTEN BY M. DOCTOR ALLEN CONCERNING THE YEELDING VP OF THE CITIE of Dauentrie vnto his Catholike Maiestie by SIR VVILLIAM STANLEY KNIGHT VVherin is shevved both hovve lavvful honorable and necessarie that action vvas and also that al others especiallie those of the English Nation that detayne anie tovvnes or other places in the lovve countries from the King Catholike are bound vpon paine of damnation to do the like Before VVhich is also prefixed à gentlemans letter that gaue occasion of this discourse Matth. 22. Reddite ergo quae sunt Caesaris Caesari Render therfore the things that are Caesars to Caesar Imprinted at Antuarpe by Ioachim Trognaesius Anno 1587. THE ANSVVERE OF M. DOCTOR ALLEN TO THE FORMER LETTER HONORABLE good Sir Your letters came vvith good speede and in season hauing at this present readie meanes to returne ansvvere and yet time ynough to vvaighe vvel the matter of question you moue vnto me Into the more particular cōsideratiō vvherof I vvil enter the rather at your request though othervvise by the dutie of my priesthoode and professiō I compt my selfe bound to serue my christian countriemen in al such things as may any vvay perteine to their saluatiō For you must not thinck that I am so restray ned to studētes matters though that be my special trade and charge that I haue no care of so manie vvorthie men of your vocatiō vvhom vvith hart prayers and penne I doe most vvillinglie serue knovving that state of life to be necessarie for the commō vvealth godlie honorable and especiallie appointed by God for defense of Iustice and Religion Out of vvhich order the Church of Christ celebrateth sun drie for high Sainctes and whole legions haue benne for their constancie in faith martyred at once Manie in the holie Scriptures for singular deuotion tovvardes Christs person and special promptnes to receiue the faith by the Apostles preaching by name commended And remembring in S. Lukes narration of the holie Capitaine Cornelius and of one of his souldiars vvhom the Euangelist nameth militē met uentem Dominū à souldiar fearing God it easely brought me to conceiue that sundrie of your bande in vvhose behalfe you propose the doubt haue the feare of God before their eyes vvhich is à peerlesse prayse in such as folovve art militare and that the vvhole companie is not farre from the kingdome of God that haue such regarde of their conscience and good name To come then to your purpose though I haue alreadie by my letters to Sir William geuen myn opinion I vvil yeat for better clearing the cause set here dovvne my minde more largely and distinctly Therfore first I say that the rēdering vp of such tovvnes and places of the lovve countries as be in anie English mēnes custodie is not onlie lavvful but necessarie to be done vnder paine of mortal sinne and damnation The cause is for that euerie thing vvrongfully obtayned and vniustly detayned from the true ovvneres vvhether they be by fraude or violence come by according to al diuine and humane lavves and by the very rule of nature ought to be restored to them to vvhom they duly pertayne Which thing as it is euident in al other negotiation of mannes life vvherin no man may lavvfully detayne other mēs goodes so the olde holie fathers and al the latter schoole Doctors agreably to the Scriptures and the ciuil and canon lavves determine restitution to be specially necessarie of al thinges vvrongfully obtayned in vvarres vvhether the vvarres be lavvful or vnlavvful For vvarres being nothing els but an act of vindicatiue iustice must as much as is possible be in al pointes voide of iniurie and iniustice Against vvhich vvhen anie thing is committed either by the Prince that causeth the vvarre or the souldiars that are executioners of his vvil and sentence both the one and the other are bound to make recompence and restitution according to the measure and maner of the iniuries done And this I say euen in lavvful vvarres or such as to the common people may be vpon their Princes credit so deemed Where though they may offend the enimie in life goodes libertie and othervvise as farre and in such sorte as the lavve of armes permitteth and prescribeth yeat vvhat so euer is done against militare discipline and iustice is sinne punishable by Gods lavves But vvhere the vvarre is vvholy and plainlie vnlavvful denounced and vvaged vvithout iust cause yea euidently against right and reason and so knovvne to be to men of vnderstanding and to the soldiars them selues in that case the Prince that published the vvarre doth principally and most damnably offend then euerie one that serueth in those vvarres doth sinne mortally and al and euerie one bound to satisfaction and restitution for vvhat soeuer anoyance is done by the said vnlavvful armes to the Prince and people to vvhom the iniurie is done Neither doth the Souereignes authoritie and commandement excuse the souldiars or subiectes vvho can not in conscience nor may not be executors by their seruice of the Princes knovvne iniquitie Ovving euer obedience to God more then to any man though vvhere the iniustice of the vvarres vvere not so assuredly knovvne to the subiectes they might vpon their Princes vvarrant and commandement serue in the same But novve that the vvarres of the lovve countries on the English part be most vniust not only such as be in conscience Catholike for other causes vvhich aftervvard I vvil rehearse doe most certainly see but euen those also vvhich are not vvel instructed in Religion endued only vvith good nature reason and ciuil honestie must heedes confesse Wherby it vvil be plaine that neither the one sorte of conscience nor the other of moral iustice can lavvfully serue in the said vvarres The vvarre is iust saith Cicero in his bookes de De Republica as Isiodorus citeth it vvhich is denounced for recompence or reuenge of iniuries and anoyance or for defence against enimies 1. The Quene of England as al the vvourld knovveth can make no iust claime to Holland Zeland or any other of those partes vvhich by armes she hath seazed on al those prouinces being confessed to be his Catholike Maiesties auncient and vndoubtful inhaeritance therfore that vvay she can haue no pretence to inuade those countries 2. The defence of the kings rebelles against their most iust Lord and Soueraigne is no lavvful nor honorable quarel of vvarres neither haue the said Traytoures and rebelles any authoritie to yeeld vp their Soueraignes tovvnes and portes into his enimies handes or thē selues to the English protection or subiection 3. Rebelles against their lavvful povvers be not properly the confoederates or Socij of anie Prince or common-vvealth that for their defence armes may be takē 4. The kinges Maiestie hath done to the Quene or her realme no such iniuries for redresse or reuenge vvherof she should by hostilitie enter into his Domnions and surprise his tovvnes and castles and
bring his people into her subiection Neither these causes nor any other pretenses being sufficient to make her vvarre lavvful but al plaine proofes of most vniust quarel it must needes be euident to eche reasonable man of vvhat sense in Religion so euer he be folovving only moral vertue and the lavve of nature and natiōs that as vvel this warre by land in the lovve countries as that other by seas be nothing elles but à publike robberie ād pyracie In both vvhich not only the Prince or her principal ministers my lord of Lecester and Sir Francis Drake but al other that serue in either of the said armies or any such like offend God damnably and are bound to restore to the King Catholike and his people al that euer they haue or shal by this vniust violence extorte from them It is not the pretence of the Quenes counsel or realmes publike allovving or permitting these things that can excuse them before God or man either in conscience or honour For iniustice done by publike pretended authoritie is more shameful then that vvhich is done by priuate offenders S. Augustin affirming that whole Kingdomes when they agree vpon open iniquitie are nothing els but à great larondge that is a brotherhoode of theeues cōcurring and conspiring in cōmon robberie Quid sunt regna saith he remota iustitia nisi magna latrocinia I remember tvvo of the best learned Diuines in Louaine being demaunded of the lavvfulnes of the Duke of Alinsones late like actions in those countries of the obligation of that oth vvhich he caused the people to make against their Lord Maister to him ansvvered and put forth their ansvvere in print that vvarre to be vvholy vnlavvful al othes promisses made to him to be of them selues vnjust not to bind any man either in honour or conscience And yeat that Prince might perchance seme to haue some better pretence vpō I can not tel vvhat old interest that Fraunce chalengeth in Flaunders other those Prouinces vvhich once vvere vnited and ioyned vvith Fraunce and of some hope he had and gaue to many to reduce those countries to libertie at least of Catholike conscience againe But this English action hath no apparance of iustice or aequitie in the vvorlde And therfore to any gentleman or souldiar that standeth vpon his honour as that state of men of al others haue most reason to doe it must needes be à great disgrace to serue in such publike robberies either by sea or land Which I say to al noble Capitaines or souldiars of vvhat Religion soeuer they be vvho may easely perceiue by conference of our old English honorable denounced vvarres vvith these of our dayes None other hauing benne vvaged by our countrie these thirtie yeares almost then in the cloke of amitie to surprise the tovvnes countries of their freindes confederates and for the defence or encouragement of detestable rebelles against their lavvful annointed Kinges As soone as the Scottes rebelled against their Quene the English ioyned their forces to the vtter ruine and destruction of both her and her Dominion They rebel against their Kinges in Fraunce our English helpes armes vvere straight readie to succour them and to seaze vpon the strong places of that land in their ovven or the rebelles behalfe They rise in the lovve countries and in other partes of the vvourlde against the iustest povvre that can be and immediatly as though our countrie vvere ordayned to be the buckler of al rebellion and iniustice and an enimie of lavvful Dominion Superioritie the Quene thincketh it honorable or needful to protect the said rebelles to assayle vvith the vvicked traitours and seditious persons the oldest faithfullest and greatest confoederate that euer our realme had When therfore our English vvarres that in other ages vvere renoumed for iustice fortitude and foelicitie are become to be infamous infortunate through the vvourlde as made for the patronage of rebellious and seditious persons maintenance only of iniustice and iniquitie Who can not of very moral reason and honestie perceiue his good name and honour to be stayned by cooperation in such infamous actions his soule to be in daunger of aeternal perdition by follovving and executing other mennes most vnlavvful and barbarous desigmentes to the disturbance of the quiet and vveal of al christian natiōs rovvnd about vs or thincketh it not à most glorious resolutiō to reuolt to that side vvith vvhich al true honour and iustice al conditions of lavvful vvarres doe stand Of such I speake of our countrie men in vvhom is yeat lieft some remorse of conscience or respect of iustice necessarie for humane societie though by this euel times error of education at home they be not vvel instructed yeat in christian Religiō vertue For of others as I feare some such be in the Atheisme that our countrie is fallen into that haue put of al sense of ciuil iustice honour honestie togeather vvith the feare of God and his iudgemēts in the next life I can say nothing In this sorte some such may be not only among priuate poore souldiars but of the counselers of our coūtrie that vvithout respect of either christian discipline or olde heathen obseruation in this case vvhich vvas euer most sacred thinke Regna esse occupātium kingdomes to be rightly theirs that can catch them and al their ovvne they can either by Machiuiliā shiftes or violent armes obtayne that regard not the ould honour rule and discipline of Chiualrie that feare not the compt they haue to make for the bloud of innocents for sackages spoyle rapine destructions depopulatiōs and subuersion of vvhole kingdomes that thinke it cause of vvarre good ynough to hinder their neighbours greatnes ād to disturbe other mennes quietnes to procure their ovvne peace ād safetie If either I say our countrie once of notable name in martial iustice or any of our souldiars be come to this extremitie to deale vvith such either by humane or Diuine lavves vvere Cum ratione insanire As the Poete said And these haue only to make their prayer in the morning dayly as vve haue heard of a certaine holy theefe in the bordes Good Lord send me to hurte many this day and none to hurte me But novve to come to those that in the campe be Catholikes as I perceiue by you Sir and othervvise that verie manie be in their hartes fully resolued our forefathers faith to be only true and that innumerable at home in our coūtrie do dayly more and more perceiue that these nevve Sectes vvere but to make broyle and garboyle in the vvourlde that in the vniuersal shuffle of things poore lost companions might haue their partes yea other mennes partes too To such therfore as be by Gods special gift Catholikly bēt it shal be an easier matter to make cleare this point For as they be more capable of reason more obseruant of
this point that as al actes of iustice vvithin the realme done by the Quenes authoritie euer since she vvas by publike sentence of the Church and Sea Apostolike declared an Haeretike and an enimie of Gods Church and for the same by name excōmunicated deposed from al regal dignitie as I say euer sithence the publication therof al is voide by the lavve of God and man so likevvise no vvarre can be lavvfully denounced or vvaged by her though othervvise in it selfe it vvere most iust Because that is the first condition that is required in iust warre that it be by one denounced that hath lawful and supreme povvre to doe the same as no excōmunicate person hath especially if he be vvithal deposed frō his Regal dignitie by Christ his ovvne vicare vvhich is the supreme povvre in earth And al subiectes are not only absolued discharged of their seruice oth homage obediēce but specially forbidde to serue or obey any such canonically cōdemned person Nos sayth Gregorie the seuēth Sanctorum Praedecessorum nostrorum Statuta tenentes eos qui excommunicatis fidelitate aut Sacramento constricti sunt Apostolica authoritate à sacramento absoluimus ne eis fidelitatem obseruent omnibus modis prohibemus that is wee according to our Praedecessors Decrees do assoyle and discharge al them that by obligation of oth or fidelitie are bound to persones excommunicate and that they doe not obey such we do expresly forbid And for their discharge especially that serue in such vvarres there is an expresse Canon of Vrbanus the second Iuratos milites Hugoni Comiti ne ipsi quandiu excommunicatus est seruiant prohibeto qui si sacramentum pratenderint moneantur oportere Deo magis seruire quam hominibus Fidelitatem enim quā Christiano principi iurarunt Deo eiusque Sanctis aduersanti eorum praecepta calcanti nulla cohibentur authoritate persoluere Which is thus in oure toung Geue order that the sworne souldiars of Countie Hughe serue him not so long as he stadeth excommunicate And if they praetēd their former oth made vnto him admonish them that God is to be serued before men For that oth which they made to him then when he was à Christian Prince is not nowe to be kept towardes him being an enimie to God his Sainctes à breaker cōtemner of their cōmaundementes These fevve as I might doe much more I alleadge that you may see the sense of the Catholike Church vvhich to you that be the children of the same vvil be à ful vvarrant for al your actions à guide for al Gentlemen persons of rightly informed consciences hovve to behaue them selues vvhen not only the warres are for Religion but vvhen any excommunicate or canonically condemned Prince is one partie Whom no man by lavve can serue nor geue ayde vnto but he falleth into Excommunication And therfore vvhē S. Augustin vvriteth that sometimes it falleth out that à iust man may serue à vvicked sacrilegious King in the vvarres for obediēce to his superiour so that nothing be cōmaunded him plainly against Gods praeceptes especial exception is made in Kinges excommunicated Who differ in this case in respect of seruice obediēce of their subiectes and are in à vvoorse Praedicament then any either heathen or vniust Prince or Potētate vvho so euer yea then Iuliane the Apostata him selfe vvhom to serue in iust vvarres causes Christian souldiars vvere not by the Church then prohibited but only vvere as vvel by the lavve of God as the Church forbidden to serue him in any vvarre or vvoorke against Christ and Christians or vvhen he vvent about to destroy the true Religion But vvhere for defection from the faith or other enormities not tolerable the sentence of Excommunication Depositiō is also adioyned there can neither be lavvful vvarres nor any dutie of seruice in the same allovvable So great à crime it is in à Prince that is exalted by God to administer iustice to defend Christs Church the faithful people therof and taketh à solemne corporal oth at his coronatiō by his vvoorde might to obserue maintayne the lavves priuilegies of holy Church al praerogatiues graunted by his praedecessours to the same and to honour the Bisshoppes Clergie of his realme aftervvard neglecting his oth promise and vocation to bend al his povvre to destroy Gods Religiō Church Priestes become an enimie to al humane societie This then being the miserable condition of such Princes as be cutt of by the Churches Censures from the felovvshippe of the faithful you may see vvhat à dishonorable thing it is for men of honour or honestie to striue by armes for the vpholding of them vvhō God by his iust iudgemētes the Churches sentence doth pul dovvne And thervvith perceiue that those that breake vvith God can not claime any bōde of oth or fidelitie of them that were their subiectes And least of al of christian Knightes Gentlemen of armes the principal institution and professiō of al such noble orders being for defēce of the true Catholike Apostolike faith and to be svvorne aduersaries and persecutors of Gods enimies the Crosse and Cognissaunce they vveare protesting the same As contrarievvise no Haeretike can be à lavvful souldiar but by the imperial and canon lavves is to be degarded of militare dignitie armes and to be spoyled of his militare girdle as they then spake For Haeresie maketh à man by al christian lavves infamous and voideth him of al degrees and titles of honour among vvhich militare order is of olde time vvas so great that euery man of armes vvas capable of the Imperial souereigntie Therfore as in yeelding vp the places vniustly possessed you did an act of restitution iustice so Gentlemen in forsaking the vvarres of the other side for so many respectes as I haue saide dishonorable vnlavvful damnable you haue done doubtlesse agreably to your christian knighthood an act much renovvmed in al these partes of the best vvisest of al degrees And the same that you haue done al other of honour conscience and Religion of our countrie are bound to doe as vvel in this vvarre as in al other vvhich either at home or abrode is vvaged for or against Religion After King Saul vvas by God and the Prophets sentence as it vvere excommunicated and deposed it vvas no fault for Dauid or others either of the Priestes or people to reuolt from him nor for the vvorthie Capitaine Abner to reuolt from Saules sonne that claimed the Kingdome by the pretended right of his father nor for any other Capitaines or souldiars of Saules side novve deposed to render vp al they had in their gouernments to King Dauid and his posteriposteritie It vvas no crime but great commendation for Ioiada the high Priest to reuolt from the vsurping Quene Athalia nor for others to do the same