in temporals wherein they ought by the law and ordinance of God to be no lesse obedient then to their Pastors and Prelates in spirituals It followeth now to know what authoritie it is the Pope pretendeth to haue whether Ecclesiasticall or ciuill to depose lawfull Kings and dispose of their temporals and absolue subiects of their bounden dutie and naturall allegiance Which question who so desireth to see it more at large he may reade D. Barclai de potestate Papae and M. Widdrington de iure Principum where it is most sufficiently and learnedly handled and before in this my treatise pag. 17 I haue briefly touched it whereto I adde in this place a word or two more for your better satisfaction Among such Catholickes as refuse to take the Oath of allegiance are many who thinke indeed the Pope to haue no power to depose Kings or dispose of their kingdoms howbeit either vpon pretended scruple of conscience or other humane respects are against the taking and takers of the Oath as if they were little better then Heathens or Publicans And some so simple and ignorant as beleeue that no Pope euer challenged or attempted such authoritie on any Kings or Emperors and that no Iesuit or other learned man allowed or euer taught such doctrine so odious it seemeth vnto them But the wiser sort and more learned know how it hath bene challenged and practised by Popes on the persons of Henrie Otho Fredericke Emperours Iohn King of Nauarre for neither heresie or apostasie and since on Henrie 8. and Queene Elizabeth as by censures do appeare And that it is the moderne doctrine of many both Canonists and Diuines in these latter ages which at the first teaching thereof being so farre dissonant from the writings and practise of all antiquitie was generally adiudged to be noua haeresis as Sigebert reporteth S. Iohn Chrysostome that great Doctor vpon that place of S. Paul 2. Cor. 1. Non dominamur fidei vestrae We ouerrule not your faith Sigebertus in Chro. ad an 1088. Chrysost lib. 2 de dig sacerd c. 3. attributeth such power as forcibly restraines offenders from their wickednesse of life vnto secular Iudges vnder whose dominion they are not vnto the Church because saith he neither is such power giuen vnto vs by the lawes with authoritie to restraine men from offences nor if such power were giuen vs could we haue wherewith we might exercise such power c. So in his time and long after such power of compelling offenders by temporall punishments to conuert to better life was vnheard of to be in Bishops of the Church Cardinall Bellarmine in the catalogue of his ancient writers which he produceth against Barclai for the Popes temporall authoritie ouer Princes beginneth with one who was iudge in his owne cause Gregorie the seuenth that began his reigne in the yeare of our Lord 1073. not able of like to proue it out of any more ancient Father or generall Councell That this Pope was the first that challenged or attempted to practise such authoritie Otho in chro l. 6. c. 35. witnesseth Otho Frisengen a most learned and holy Bishop and highly commended by the Cardinall himselfe lib. 4. de Rom. Pont. cap. 13. Lego saith he relego Romanorum Regum Imperatorum gesta nusquam inuenio quenquam eorum ante hunc à Rom. Pontifice excommunicatum vel regno priuatum c. I reade and reade ouer againe the acts of the Kings and Emperors of Rome and in no place can I find any of them before this to wit Henrie the fourth to be excommunicated or depriued of his kingdome by the Bishop of Rome vnlesse haply any take this for excommunication that Philip the first Christian Emperor who succeeded Gordianus for a short space Euseb hist Eccl. l. 6. c. 25. was by the Bishop of Rome or as Eusebius reporteth of the Bishop of that place where he then resided placed among publicke penitents and Theodosius sequestred by S. Ambrose from entrance into the Church for cruell murther Whereby we may note that this learned man could not find no not one example in all precedent ages of depriuing kings of their regal scepters though of excommunication he proposeth onely these two which may haue some shew of truth for meere excommunication howbeit more probable it is they were not excommunicated at all maiore excommunicatione Then this Author in the next chapter following Otho ibid. c. â—6 describeth the intestine warres destruction of soules and bodies setting vp of Pope against Pope schismes and other manifold lamentable miseries that ensued vpon that fact of Pope Gregory against Henrie the 4 who commanded the Bishops of Ments and Colen to constitute Rodolph Duke of Burgundie Emperor Spec. hist l. 27. and to put downe Henrie whereupon followed a most grieuous warre wherein Rodolphus was ouercome who dying repentant said The Apostolicall commandement and the intreatie of Princes haue made me a trangressor of my oath behold therefore my hand cut off or wounded wherewith I sware to my Lord Henrie not trecherously to practise any thing against his life nor his glorie Who being ouercome the Bishop of Ments by the Popes commandement and with helpe of Saxons raised an other aduersary against the Emperor one Hermannus Knoflock whereupon followed likewise bloudie warres After this Henrie gathering his armie together driueth the Pope into France and setteth vp the Bishop of Rauenna against him whom he named Clement and so caused a schisme This sparsim out of the history Such like calamities are more then probable to fall on people and the Church when Emperors or Kings are so violently proceeded withall assured destruction of many and no hope of the correction of any by such means is like to ensue Was such power trow ye giuen by Christ to his Apostles tending to destruction not to edification No all to edification according to S. Paul 2. Cor. 10. none to destruction Otho Frisengensis in another place of his workes Li. 1. de gestis Frederici c. 1. writing of the Popes excommunicating the Emperour sheweth that Henrie 4. thought it to be such a nouitie as he had neuer knowne the like sentence to be denounced against any Romane Emperor before He liued an 1150. And Sigebert in Chronico 1088. affirmeth the doctrine of Priests By euill kings he meaneth such as are deposed Cont. Barcl cap. 5. teaching that no subiection is to be yeelded to euill Kings and though they sweare fidelitie are not bound to performe it to be noua haeresis a new heresie sprung vp Howbeit Cardinall Bellarmine will tell you that such doctrine and practise began about the yeare of our Lord 700 for before that time there wanted as he affirmeth either necessitie or oportunitie to teach or vse such power By reason of like there were no hereticall Princes impugners of the true faith before that time or that the paucitie of Christian Kings to assist the weake forces
heard his wife Abigail recount vnto him who by her prudence had appeased and pacified Dauid coming in furie and rage to reuenge what Dauid had intended against him he feared and trembled in such wise as with the newes he became euen senslesse Et emortuum est cor eius intrinsecus 1. Reg. 25. factus est quasi lapis that is And his heart was dead inwardly and he became as a stone and there upon within ten daies after striken by God gaue vp the ghost Had Nabal cause to feare Dauid not then accepted of the people for king Saul being yet aliue and haue not we iust cause to feare how we offend and stirre to ire our dread Soueraigne so mightie a Monarch Was the occasion that Nabal gaue in comparison of that of our Catholickes alike Conferre the crime of the one and the other and you shall find great inequalitie as great as betweene a word and a blow yea such a blow as posterity will hardly beleeue could be offered when they shal reade it in Chronicles Meane while we that by Gods goodnes are yet liuing and be eye witnesses thereof haue cause to lament and testifie with Habacuc the Prophet Quia opus factum est in diebus nostris Habac. 1. quod nemo credet cum narrabitur That a worke hath bene done in our daies which no man will beleeue when it shall be told and to wish that some discreete Abigail may be found to step forth and meete with our liege Lord comming in great ire to reuenge and with prudence to pacifie and perswade him to surcease for the loialtie and true affection of many other his innocent Catholicke subiects who lie prostate at his royall feete lamenting their brethrens follie and humbly beseeching pardon with offer for and in his defence of both life and limme But woe is me whilest some endeuour to quench a flaming fire by taking away the wood knowing that Cum defecerint ligna Prou. 26. extinguetur ignis When the wood faileth or is taken away the fire will be quenched others put more wood to the fire and so increase the flame Whilest his Maiestie meditateth mercie and requireth that which iustly he may and we in conscience are bound to performe Nabal yea many Nabals arise and do adde matter to kindle his wrath in resisting his will and denying his iust demand which is only to discharge their duties in rendering to Caesar that is Caesars to sweare fealtie and true obedience vnto him in temporals according to the tenure of the Oath framed and enacted the third yeare of his reigne without derogation to any spirituall authoritie of the Pope or infringement of any point of the Catholicke faith The cause then wherefore this Oath of allegeance was made no man can doubt but the most barbarous Gun-powder conspiracy was the onely vrgent motiue it neuer being in common knowledge so much as thought of before The scope and end thereof was that by taking or refusing the same the King and State might distinguish betweene true and faithfull and hollow-hearted Catholicke subiects Regis Praemo pag. 12. and his Maiestie might be more fully assured of their constancie and fidelitie in time of need vpon any cause to be offered whatsoeuer or by Prince people Pope or whosoeuer And can any man maruell that the Pope is therein named Doth this scandalize any Consider but what they were that inserted it the time and place and pretence of reason they had or might haue to imagine being so aduerse or opposite to him in religion and the Treason so fresh in memorie that his Holinesse might giue leaue or encouragement or at least be priuie and so to winke at such an attempt presuming that no Catholicke durst enterprise such a fact without conniuence at least of supreme authoritie And had they not cause to feare or doubt him more then any other none being therein culpable but only Iesuites and Catholickes of whom some haply thinke themselues bound to obey him whatsoeuer he command for that in their opinion he cannot erre in commanding Howbeit we that are by Gods grace Catholicks also agreeing in all points with Christ his Vicar the Pope of Rome in vnitie of faith do no way suspect that euer he was consenting much lesse gaue way to authorize such enormous and wicked designements though withall we dissent from them that thinke he cannot erre no not in a matter of fact The State there assembled were not such babes as that they needed be taught of the Pope his proceedings with Princes about their depriuations or depositions for diuers crimes when he hath hope to preuaile but especially for heresie or apostasie They knew right well likewise that if his Highnes should be by his Holinesse denounced and declared an hereticke what dangers might soone after ensue therefore was it thought wisedome to preuent a mischiefe ere it happen in exacting an Oath of allegeance at Catholicks hands in that maner and forme as it is set downe thereby more firmly to binde them to the performance of their dutie whereto otherwise by the law of God and nature they rest obliged For it is to be presumed that a Christian an honest man that hath feare of Gods iudgements wil not become perfidious nor rashly or vniustly breake that oath which discreetly and iustly he consented to take Iurabit proximo suo Psal 14. non decipiet He will sweare to his neighbour and wil not deceiue him By this now I trust deare Catholicke brethren you are satisfied that an Oath of allegeance may be iustly exacted at our hands and that we are bound to sweare fealtie to our Prince when it shall be required of vs. But you make doubt lest more be contained in this Oath then fealtie or ciuill obedience to his Maiestie viz. some points against the spirituall authoritie of the Pope which you being Catholickes may not gainsay but are bound in conscience to maintaine If you could satisfie vs say you that nothing is therein contained against any article of faith and that we may disobey his Holinesse who prohibiteth the taking thereof without danger of mortall sinne you shall do vs a singular pleasure therfore I pray you resolue vs herein that are much perplexed about it by reason of the great corporall troubles we are like to fall into if by disobeying the King we refuse it or for the hazard of our soules as we thinke if in disobeying the Pope and scandalizing our brethren the Catholickes we take it Beloued brethren I trust you expect not at my hands that I should fully and exactly discusse euery point of the Oath and answer euery scrupulous difficultie that some vse to make albeit it might be easie to effect for it would require a better librarie then mine is at this present more labour then I can well affoord by reason of my feeble bodie and a larger treatise then I meane to make Your desire is as I presume onely to know
excommunication depose his subiects neither can the Pope as spirituall Prince ouer all And Victora plainly saith thus That a Bishop de iure diuino hath power to excommunicate his subiects ex officio Victor de excom nu 1◠and by ordinary and proper power And what the Pope can do throughout all the world a Bishop may also do in his Bishopricke a few things excepted as to create a Bishop Who disagreeth not with the Cardinall in this that a Bishop is a true Pastor in his particular Church as the Pope is in the Catholicke and vniuersall that he may as well excommunicate the subiects committed to his charge as the Pope may all Princes and people that are sheepe of Christs fold by the authoritie giuen to Peter in those word Pasce oues meat By which Christ indeed constituted him Pastor ouer his flocke marry a spirituall Pastor not a temporall giuing him all authoritie necessary for that office which was only spiritual without coniunction of any other By vertue then of this spirituall authoritie the principall part for gouernment in foro exteriori is excommunication being grauissima poenarum then which none is more grieuous no Bishop can depriue any priuate man whatsoeuer within his Diocesse of the least parcell of his lands or goods that being the office of the ciuill power how then can the chiefe Bishop depriue Kings and Princes of their crownes and dignities the nature of this censure being all one in both Excommunication is defined to be separatio à commumone Ecclesiae quoad fructum suffragia generalia Tho. in suppl q. 21. ar 1. in 4. dist 18. q. 2. c. Excommunication is a separation from the communiō of the Church as touching the fruite and generall suffrages The fruite of the Church cannot be vnderstood of the fruite of temporall goods because these are not taken away from excommunicate persons This S. Thomas plainly shewing that it is beyond the nature of this censure to worke any such effect as to take away temporall goods And in the same qu. ar 3. Sed quia excommunicatio est grauissma poenarum c. But becausce excommunication is the greatest of all punishments therefore excommunication ought not to be inflicted no not for a mortall sin vnlesse the offender be obstinate Tunc enim postquam monitus fuerit c. For then after he shall be admonished if he contemptuously disobey he is reputed stubburne and ought to be excommunicated by the Iudge now not hauing any more to do against him And the same Doctor disputing whether heretickes are to be tollerated saith That after the first and second admonition if yet he be found obstinate Tho. 2.2 q. 11 ar 3. the Church not hoping of his conuersion meaning no doubt such a one as hauing professed the Catholicke faith hath made shipwracke thereof and fallen to heresie prouideth for the health of others separating him from the Church by the sentence of excommunication and further leaueth him to secular iudgement to be put to death Whereby you see that in case yea of heresie the Church can proceed no further then to excommunication after she hath declared and condemned him for his crime Can. corripiantur 24. q. 3. To this agreeth Molanus writing of the condemnation of Iohn Husse and Hierome of Prage by the generall Councel of Constance Mola de fide haer ser l. 2. c. 2 l. 3. c. 4. who as he saith hauing excommunicated anathematized and condemned them for heretickes and hauing no more to do with them deliuered them ouer to Imperiall power by which they were burnt So that temporall punishment of heretickes whether it be by confiscation of goods and patrimonie or death belongeth and is proper to the secular power as the spirituall do to Ecclesiasticall persons Which we see manifest by practise of all Christian countries yea and out owne that no man is to be put to death nor lose his goods vpon excommunication but onely by execution of the Princes law And Cardinall Bellarmine himselfe will confesse Bellarm. in Barcl c. 23. that extra casum haeresit out of the case of heresie by vertue of the sentence of excommunication there followeth not depriuation of temporall dominion or of particular goods or kingdomes and princedomes though saith he by and by Kings and Princes may be for iust causes depriued by the Pope of their kingdome or princedome Variously and ambiguously insinuating that there are other iust causes besides heresie but listeth not or rather as may be supposed cannot set downe what they are for as yet neuer were any determinately made knowne more then such as shall be deemed worthy of depriuation ad arbitrium Pontificis But as farre as I can see his Grace must maintaine other causes as well as heresie otherwise how can the deposition of Henrie Frederick Otho and other Princes be defended to haue bene lawfull who were neuer condemned by the Church for heresie And if there be other causes current to depriue Princes of temporals then there is for priuate men surely the Christian princely state must needs be farre worse then the plebeian or then if they were Heathens or Publicans which were absurd when as God the giuer of all power for correction of men is not acceptor personarum but ministreth iustice equally or indifferently to all all both Princes and people being populus eius oues pascuae eius his people and the sheepe of his pasture If there be any as me thinketh I heare one say that he is not yet satisfied as touching this point but desireth to know the finall cause nature and effects of excommunication let him note wel what the most learned and graue Cardinall Tolet of famous memory and others write thereof Est autem excommunicatio Ecclesiastica censura Tolet. Lib. 1. instruc sacerd c. 4. nu 1. qua homo Christianus bonis fidelium communibus priuatur Excommunication is an Ecclesiasticall censure whereby a Christian man is depriued of the common goods of the faithfull Which goods he faith arc three 1. externall conuersation consisting in mutuall talke and societie 2. participation of sacraments 3. prayers and suffrages of the Church And these in his opinion are not so much the effects as the very nature and substance of excommunication The end whereof Lib. 1. c. 11. n. 1 Li. 1 c. 10. n. 14. without controuersie is the good and vtility of man that he may repent and conuert himselfe to good as he saith Cap. Medicinalis de sent excom in 6. Decret 2. par 24. q. 3. cap. 36 when as excommunication is medicinall not mortall instructing not plucking vp by the roote Which agreeth with the Epistle of Pope Vban set downe in the Canon law Liquido apparet aliud esse excommunicationem aliud eradicatiouem c. It euidently appeareth that excommunication is one thing eradication another For he that is excommunicated as the Apostle saith to this end is excommunicated that
this confidence then of Gods assistance and for the instruction of certaine Catholikes who simply beleeue the inconsiderat assertions of some of their teachers that such as take the Oath do and must renounce the Popes spirituall auctoritie of excommunication and abiure or condemne for heresie a disputable position to wit that the Pope may depose for heresie or apostacie which is most vntrue as will easily appeare to him that without passion and with iudgement shall reade the Oath or this my booke These and such like I exhort not to be too credulous in a matter of so great moment as this is giuing eare to euery one that will say it may not be taken and can shew them no true reason why nor in what point it is vnlawfull If any list wilfully to reiect this my wholsome counsaile and will rather still giue eare to such as worke their ouerthrow what else can they in reason expect but losse of lands and goods perpetuall imprisonment by the law finall destruction to them and theirs and haply get no merite to benefite their soules if his Maiestie in clemencie excelling be much exasperated which with carefull regard ought to be looked vnto because Qui nimium emungit elicet sanguinem He that straineth too much draweth bloud And may not his Princely Maiestie be well sayd to excell in mercie and clemencie who first with speede vpon the discouery of the Gun-powder treason set forth his Proclamation worthy neuer to be forgottē therby to stay the furie of the people readie doubtlesse at that time to haue murthered all that should beare the name of Catholike without respecting who were innocēt or who were nocent after himselfe Suetonius in Augusto as Augustus Caesar in person pleaded for the life of a souldier by his pen interpreting the Oath of allegiāce pleaded as it were to giue satisfactiō of his Royall meaning intent of the law for such as he needed not so farre to condescend vnto This rare worthy example of our most learned most prudent Prince I must needes say was to me the least among many others a very vrgent motiue to aduenture this spirituall combat of defending according to my power the Oath of allegiance Cic. lib. 1. Offic. Studiosè saith Cicero plerique facta Principum imitantur Many follow diligently the facts or examples of Princes And if you reade the booke of the Iudges you shal see what encouragement the example of Gedeon then Iudge of the Israelites gaue vnto his small armie consisting but of 300 souldiers against the Madianites their enemies in number almost infinite Iudic. 7. Quod me videritis facere said this great Captaine hoc facite ingrediar partem castrorum quod fecero sectamini What you shall see me do do you the same I will enter into a part of the army and what I shall do that do you follow which they did and obtained a happie victory To whom can I better liken our mightie Monarch king Iames then to that worthy Gedeon To me he seemeth likewise in effect to say vnto his subiects What you see me do do ye the same as I haue begun to write so follow my example endeuoring by pen to defend my right which is all I require by the Oath Who admireth not the profound wisdome and great pietie of his Maiestie that he foreseeing the fatall and wilfull fall of diuers of his beloued subiects by reason of the Popes Breues prohibiting the Oath of allegiance would be pleased for them their good to retire himselfe from his princely recreations to painefull labor both with mind and body and to be the first that with his pen writ a learned Apologie for the Oath Wherein for satisfaction of the perplexed consciences of some of his subiects his Highnesse imitating our Blessed Sauiour 1. Tim. 4. qui vult omnes saluos fieri neminem vult perire who is willing all should be safe will haue none to perish interpreted his meaning to be not to derogate from the Popes spiritual authoritie but to require his subiects to performe their loyalty naturall obedience onely in temporals which is due by the law of God nature therby to draw all to his loue and their owne safety Vouchsafe then beloued reader to spend some idle and vacant time to peruse this short Treatise written by thy welwiller for thy behoofe to confirme thee if thou take the Oath or to perswade thee if thou fearest it to be vnlawfull the time thou spendest herein may counteruaile thy paines Doubt nothing if thou be Catholike he is a Catholike priest that writeth and teacheth thee herein Catholike doctrine if thou be none yet giue this booke the reading assuring thy selfe this Author to be likewise a good loyall subiect and as such he purposeth to liue and die Feare God honor the King and in charitie pray for me thy hearty welwiller Thine euer in Christ Iesus WILLIAM WARMINGTON Priest A Table of the principall points contained in this Treatise THe most barbarous conspiracie of certaine Catholickes cause of the Oath of Allegiance Pag. 1. No wisedome to prouoke a clement Prince to wrath Pag. 2. Many miseries fall yea on innocent persons when a Prince exasperated punisheth in ire Pag. 3. Our King peerlesse for clemencie in the Gun-powder treason Pag. 5. The end why the Oath was made Pag. 7. Great reason for naming the Pope in the Oath Ibid. Samuel at Gods appointment annointed Saul King but did not nor could depose him Pag. 9. The obiection of Ioiada the high priests deposing Queene Athalia answered Pag. 13. Whether the Church or the Pope may iustly depose Kings Ibid. Pag. 87. Popes haue their temporall states not by Christ but by the grants of secular Princes Pag. 15. The Canonists opinion of the Popes deposing Princes Pag. 17. The opinion of certaine Diuines touching the same point Pag. 18. To depose Princes is no matter of faith Pag. 21. 22. Not defined in the Councell of Lateran that the Pope hath power to depose Princes Pag. 22. The decree of that Councell Pag. 24. Cardinal Bellarmines assertion of this Councels definition refelled Pag. 26. Heretickes are to be punished temporally by the ciuill magistrate not by the Ecclesiasticall Pag. 32. The Constitution of Fredericke the Emperour Pag. 34. Frederickes law for the punishment of heretickes toucheth not Kings Pag. 35. The Chapter of the Councell of Lateran supposed a decree yet is not de fide Pag. 36. How you may know a decree to be de fide Ibid. The Breues of Pope Paul 5. are no definitions ex cathedra Pag. 37. Whether the Pope alone may define matters of faith Pag. 38. No sinne not to obey the Popes priuate assertion or opinion in matters vndetermined by the Church Pag. 39. That the Pope not only in matters of fact but also in faith he alone without a Councell may erre as some affirme Pag. 42. Whether Priests or Laicks are bound
to obey the Popes prohibition of this Oath of allegiance Pag. 44. A boy vnder age hanged in Rome Pag. 46. A nephew of old Nauarre the Canonist by the Popes commandement hanged in hast Ibid. Card. Mendoza depriued of his Deanry of Toledo by force Pag. 47. A Gentleman of Card. Farnesius put to death by Pope Clement Pag. 8. 48. The opinion of some ouermuch deuoted to the obedience of the Pope Pag. 50. Obedience due to all superiors yet is their power contained within certaine limits Pag. 51. Ecclesiasticall and ciuill power both immediate from God both distinct and independant of each other Pag. 53. A superior yea the Pope in diuers cases may be disobeyed without sinne Pag. 57. The Breues of Paulus 5. prohibiting the Oath of allegiance may be not obeyed without sinne Pag. 59. Many euils ensue vpō obeying the Pope in this case of the Oath Pag. 60. A cōmandement vpon error of wrong information bindeth not Pag. 62. The Popes bare precept not alway sufficient to cause men to hazard their temporall states Ibid. Cases not doubtfull but manifest as is this of the Oath need no solution from the Pope Pag. 63. Subiects bound to obey all iust lawes of their temporall Princes Pag. 64. The law of the Oath of allegiance iust Pag. 65. The Kings Maiestie in setting forth this Oath hath not exceeded his limits Pag. 66. All lawfull Kings be they heathens or heretickes are to be obeyed by their subiects in temporals Pag. 68. That the Pope or Church do permit euill Princes to reigne a strange phrase Pag. 70. The place of S. Paul Omnis anima to be vnderstood principally of subiection to secular power Pag. 72. The material sword forbiddē to be vsed by Ecclesiasticall persons Pag. 74 Not without a mystery that Peter shold strike none but Malchus Pag. 78. The Apostles and their successors subiect to Emperours and Kings de iure Pag. 79. Gregory 7. the first that chalenged tēporal power to depose Princes Pag. 84 The doctrine and practise of deposing when it began according to Cardinall Bellarmine Pag. 85. Whether the Pope by his spirituall power wherein he is successor to Peter may depose Princes Pag. 87. 91. Excommunication what it is the nature and effects thereof Pag. 95. No denial of the Popes power of binding to say that Princes notwithstanding excōmunicatiō ought to be obeyed of their subiects Pag. 100. The Popes spirituall power of excommunicating Kings not denied as Cardinall Bellarmine in Tortus affirmeth Pag. 104. Whether I may renounce all pardons dispensations which shal be against this Oath of Alleg. without denying the Popes power Pag. 108. No deniall of the Popes power of absoluing to say that he cannot absolue me of this Oath Pag. 112. Whether the Pope may remit lawful oaths compelled by feare Pag. 114. How a matter onely of opinion may be truly sworne Pag. 116. The doctrine that teacheth That Princes excommunicated by the Pope may be deposed or murthered by their subiects may be abiured as impious and hereticall Pag. 119. To teach it lawfull to murther yea a tyrant is hereticall Pag. 123. The Oration of Sixtus 5. in the Consistorie of the murther of the King of France Pag. 128. The Pope as a temporall Prince may wage warre but not inuade any Kings dominions as he is Christs Vicar Pag. 149. Priests and reconciled persons as such onely no traitors by the intention of the Oath Pag. 150. How an Oath is to be interpreted Pag. 152. In what sort a man is to sweare before a lawfull magistrate Pag. 153. Not such as take but the refusers of the Oath giue cause of scādal Pag. 154. The Authors exhortation to Catholickes Pag. 156. Strange Reports or Newes from Rome Pag. 159. TO THE CATHOLICKES OF ENGLAND BEloued brethren in Christ Iesus Whereas the Kings most excellent Maiestie being the true lawful and right inheritour to the Crowne and Realme of England by the prouidence of almightie God entred and possessed the same with tranquillity and peace and the great applause of all his subiects as well Catholickes as Protestants or others of different sects and opinions his Highnesse as it were to requite their dutifull affection forthwith gaue great hope of a most happie and prosperous regiment and out of his bountie and clemencie extended many his most royall fauours indifferently vpon all till such time as some of the one sort to wit a few giddie headed desperate and disloyall Catholicks associated with certaine of the Societie prouoked his wrath and indignation against them yea and all the professors of the same religion for their fact Who was not moued as all men will confesse without iust cause for that they viz. Catholickes onely either concealed or most barbarously attempted in that hellish-like manner of gunpowder fire the memorie whereof must needs remaine for euer most grieuous to all true hearted Catholike subiects the cruell murther of so many worthie Commons and Noble personages in Parliament assembled yea of the most towardly and innocent yong Prince the Queene and King himselfe and then soone after also had followed vndoubtedly the desolation ruine and destruction of the whole realme of England Hereupon by the generall consent of all three estates and the Kings Maiestie it was thought necessarie an Oath of allegeance in such forme should be framed and enacted as Catholikes for whom chiefly it was made should haue no cause scrupulously to refuse to take the same and the Kings Highnesse with his whole estate might be better secured and freed from all feares and dangers imitating herein other Kings and Princes as occasions shall be offered them If euer the Kings of France or Spaine or other Princes whatsoeuer had cause to exact an Oath of fealtie of their subiects for safetie of their persons or state then certes no man that hath but common sense will denie but our King hath more then iust vpon so horrible and monstrous cause giuen as the like haply was neuer heard of from the beginning of the world Could any man haue thought it strange or held it crueltie if being in such wise and by such persons prouoked he had in his wrath and indignation rigorously proceeded against all others of the Romane religion as suspecting them to beare no better mind towards him though manie thousands doubtlesse no way consented nor were euer priuie to that horrible fact And if he had what ruine of Catholike families what hauocke of Christian bloud with the destruction of soules and other infinite miseries should we haue seene But the omnipotent God whose name be blessed for euer who hath the rule and gouernment of the hearts of Kings inclined his royall heart to mercie and compassion of his subiects knowing right well the faith and loyaltie of many of the same religion as his Maiestie most benignely expressed in his Proclamation and that he should haue punished the innocent with the nocent as well his friends as his foes Oh what follie were it for a
of any lay-mans temporall goods and patrimonie for any cause whatsoeuer yea for heresie it selfe who is not temporally a vassall and subiect to his Holinesse And if his spirituall authoritie giuen him by our Sauiour can worke no such effect much lesse his temporall which was neuer granted by Christ by whom he ought to haue whatsoeuer he hath for the good gouernment of his Church but by holy secular Princes whereof Cardinall Allen writeth thus The chiefe Bishops of Christs Church In his answer to the Eng. iust pag. 144. our supreme Pastors in earth by Gods prouidence and by the graunts of our first most Christian Emperours and Kings and by the humble and zealous deuotion of the faithfull Princes and people afterwards haue their temporall states dominions and patrimonies whereby they most iustly hold and possesse the same and are thereby lawfull Princes temporall and may most rightfully by their soueraigntie make warres in their owne and other mens iust quarell as occasion shall vrge them thereunto This he The like in effect writeth the most excellent lawyer D. Barclai Lib. de potestate Papae ◠15. that the Pope himselfe is no otherwise excluded from temporall subiection to secular Princes then that by the benefite or liberalitie of Kings he was made a King forsooth a politicall Prince acknowledging none for his superiour in temporals And the same doth the most earnest maintainer of the Ecclesiasticall Iurisdiction confesse whom many thinke to be Cardinall Bellarmine Sub nomine Francisci Romuli pag. 114. in his answer to the principall chapters of an Apologie c. Generalis inquit verissima est illa sententia debere omnes omnino superiori potestati obtemperare Sed quia c. It is a generall and most true sentence that all ought to obey higher power but because power is of two sorts spirituall and temporall ecclesiasticall and politicall whereof the one belongeth to Bishops the other to Kings Bishops ought to be subiect to Kings in temporall things and Kings vnto Bishops in spirituals as copiously do dispute Gelasius the first Gelasius Nicolaus in his Epistle to Anastasius and Nicolas the first in his Epistle to Michael But because the Bishop of Rome is not only the chiefe Ecclesiastical Prince to whom all Christians by the law of God are subiect but is also in his owne Prouinces a temporall Prince neither doth he acknowledge any superiour in temporals as nor other absolute and soueraigne Princes do in their kingdoms and dominions thence it proceedeth that he hath no power aboue him in earth Not then because he is chiefe Bishop and spirituall father of all Christians therefore he is deliuered from temporall subiection but because he enioyeth a temporall principalitie subiect to none In those things therefore which appertaine to the good of the common-wealth and ciuill societie and are not repugnant to the diuine ordinance Clerkes are no lesse bound to obey the soueraigne temporall Prince then other citizens or subiects as Cardinall Bellarmine himselfe verie notably sheweth Quia clerici In lib. de Clericis c. 28. praeterquā quod clerici sunt sunt etiā ciues partes quaedam Reipub. politicae Non sunt exempti clerici vllo modo inquit ab obligatione legum ciuilium quae non repugnant sacris canonibus vel officio clericali That clergie men besides that they are clergie men are also citizens and certaine parts of the politicall commonwealth Clerkes saith he are not exempted by any meanes from the bond of the ciuill lawes which are not repugnant to the sacred canons or their clericall office By this you may see that the Pope hath his temporalities and temporall power not from Christ but from Constantine and other Christian Princes and people and was euer subiect to ciuill gouernment of Emperours till such time as by their graunts he was made a King and temporall Prince and so had no superiour and that Clerks as parts of the political cōmonwealth are bound to obey al iust lawes of the same cōmonwealth no lesse then the Laitie but more of this in another place as occasion shall serue Now to come somewhat nearer the question that I promised and you desire to be resolued on as touching the Popes authoritie to depose Princes of their temporall dominions First you are to note that of this matter there are two opinions much different the one from the other one of the Canonists another of Diuines The Canonists hold it for true doctrine to be maintained Tho. Bozius Carerius D. Marta and others that all power whatsoeuer is in this world either temporall and ciuill or spirituall and ecclesiasticall was giuen directly by Christ to Peter and his successors and what power any Kings or Princes in the whole world either Christians or Infidels haue it all dependeth of the Pope and is deriued from him to them as touching the temporall execution so that as Lord of the world he may depose Princes take away their kingdomes and principalities and giue or dispose them to whom he list though no man know the cause why he doth so if he shall iudge there is sufficient cause to do it If this were true doctrine then woe to all Princes that should at any time yea but breake amitie and friendship with him that sitteth in Peters seate what securitie could they haue of their estates Then might they expect of Princes and rulers to be made priuate men and subiects then may it be granted that our Soueraigne were not vnlike to be depriued of his temporals his subiects to be discharged of their obedience and his territories giuen in prey to his enemies But this opinion is held to be most false by many Diuines because it cannot be proued either by authoritie of Scripture or by tradition of the Apostles or practise of the ancient Church or by the doctrine and testimonies of the ancient Fathers Howbeit Bozius a late writer most stoutly defendeth the same Lib. 2. cap. 11 and greatly blameth many excellent Diuines among whom is renowmed Cardinall Bellarmine and calleth them new diuines saying moreouer that they teach most manifestly false doctrine Lib. 5. cap. vlt. and repugnant to all truth because they say that Christ as man was neuer a temporall king nor had any temporall dominion on earth nor did exercise or practise any regall power for by these assertions the principall foundations of Bozius friuolous arguments are ouerthrowne which as most true they confirme by the testimony of our Sauiour himselfe Math. 8. Luc. 9. Foxes saith he haue holes and the foules of the aire nests but the Sonne of man hath not where to put his head If Christ Iesus as he was the son of mā had not so much in this world as a cottage to rest himself in where I pray you is his kingdome where is his temporall dominion who can conceiue that one can be king and Lord who hath no kingdome or Lordship in the vniuersall
world We know well that as he is the Sonne of God he is the King of glory King of kings Lord of heauen and earth and of all things Psal 23. Domini enim est terra plenitudo eius and reigneth with the Father and the holy Ghost for euer but what is this to a temporall kingdome what is this to the imperiall dignitie of secular maiestie Therefore I meane not to stand to confute this opinion of Canonists which hath bene most learnedly confuted by Cardinall Bellarmine Lib. 5. de sum Pont. c. 2. 3 but to let it passe as most absurd that cannot be proued by any sound reason nor ancient authorities either of Scriptures Fathers or Councels but maintained by captious fallacies vnapt similitudes and corrupt interpretations An other opinion there is of Diuines who dislike and with most strong reasons do confute the Canonists positiōs but yet so as they vphold and labour to maintain the Popes temporall power though in other sort then the former that is De Ro. Pont. lib. 5. c. 6. indirectly or casually and by consequence This then they write and namely Cardinall Bellarmine Asserimus Pontificem vt Pontificem et si non habeat vllam merè temporalem potestatem tamen habere in ordine ad bonum spirituale summam potestatem disponendi de temporalibus rebus omnium Christianorum We affirme that the Pope as Pope although he hath not any meerly temporal power yet in order to the spiritual good he hath a supereminent power to dispose of the tēpotall goods of all Christians And againe in the same chapter Quantum ad personas non potest Papa vt Papa ordinariè temporales Principes deponere etiam iusta decausa eo modo quo deponit Episcopos id est tanquam ordinarius iudex c. As touching the persons the Pope as Pope cannot ordinarily depose temporall Princes yea for a iust cause after that sort as he deposeth Bishops that is as an ordinary iudge yet he may change kingdomes and take from one and giue to an other as the chiefe spirituall Prince if that be necessarie to the health or sauing of soules And in the same booke the first chapter where he putteth downe the Catholicke opinion as he saith he altereth it somewhat in this manner Pontificem vt Pontificem c. That the Pope as Pope Lib. 5. cap. 1. hath not directly and immediatly any temporall power but only spirituall yet by reason of the spirituall he hath at least indirectly a certaine power that chiefe or highest in tēporals You haue here set downe by Cardinall Bellarmine the opinion of Diuines that the Pope as Pope or chiefe Bishop as chiefe Bishop hath not directly and immediatly any temporall power to depose Christian Princes but that indirectly I wot not how he may depose them and dispose of their temporals and so in effect and after a sort agreeeth with the Canonists that indeed such power is rightly in him only he differeth about the manner with a restraint from infidels to Christian Princes But I trust as he in improuing the Canonists assertiō of direct power ouer al the world driueth them to Scriptures or tradition of the Apostles so likewise we may require that he proue his indirect power by one of these two wayes If he cannot as most certainely he cannot then why should men giue more credite to him then to the other they being as Catholike and haply no lesse learned then he Why should his opinion be thought more true then the former To disproue the Canonists thus he writeth Ex Scriptur is nihil habemus Bellar de Ro. Pont l. 5. c. 3. nisi datas Pontifici claues regni coelorum declauibus regni terrarium nulla mention fit Traditionem Apostolicam nullam aduersary proferunt Out of Scriptures we haue nothing but that the keyes of the kingdome of heauen were giuen to the Pope of the keyes of the kingdome of the earth no mention is made at all Apostolical tradition our aduersaries produce none Hereby it seemeth the Cardinall goeth about to proue against his aduersaries that because the keyes of the kingdome of the earth are no where mentioned in the Scripture to be giuen to Peter and his sucsessors therefore the Pope hath not any direct authoritie to depose the Princes of the world nor dispose of their temporals insinuating that the keyes of the kingdome of heauen promised and granted to Peter or to the Church in the person of Peter can worke no such effect nor were granted to depriue Christian Princes or others of their scepters and regall dignities but onely by censures and spirituall authority to exclude vnworthy sinners from eternall felicitie and admit such as are truly penitent to the kingdome of heauen If this argument be good against the Canonists then why is it not also good against Cardinall Bellarmine himselfe when as he can no more produce Apostolicall tradition to confirme his indirect authoritie then the other their direct And of the keyes of the kingdome of the earth required for deposing Princes and disposing of temporals no mention is made in all the Scriptures no not for his indirect or casuall authoritie Consider besides I pray you for it is worth the noting how obscurely and ambiguously he writeth of the Popes power to depose thereby haply intending to seeke some starting hole of equiuocation if occasion serue and meane while leaue his reader doubtfull and still to seeke of his meaning which in my simple Judgement is such as the iudicious wit can hardly conceiue nor tell what he would say As for example that the chiefe Bishop as chiefe Bishop hath not any power meerly temporall c. as is noted before lib. 5. cap. 6. and in the same chapter The Pope as Pope cannot ordinarily note depose c. no not for a iust cause mary as he is the chiefe spirituall Prince he may depose and dispose c. Helpe me good Reader to vnderstand this riddle how these two differ in some essentiall point Pope and chiefe spirituall Prince I must confesse that I vnderstand not how he is the chiefe spirituall Prince but as he is Pope that is the Father of Fathers or chiefe Pastor of soules in the Church of God It is wel knowne that this title Pope or Papa in Latin hath bene attributed to many ancient Patriarchs and Bishops as well as to the Bishop of Rome though principally to him and now is appropriated to him alone and for nought else but for being Bishops and Ecclesiasticall Princes of the Church and for that cause only not for being a temporal Prince Peters successor hath his denomination Which in effect D. Kellison affirmeth saying D. Kellisons Reply to M. Sutel ca. 1. f. 9. Bern. lib. 2. de consid I grant with S. Bernard that the Pope as Pope hath no temporall iurisdiction his power as he is Pope being onely spirituall If then it be so that the Pope as Pope
in this point towards his liege Lord and secular Prince If it must be granted that Christians by the law of God are strictly bound to obey all iust determinatiue sentences and decrees that proceed from the Sea Apostolicke being the highest spirituall tribunall in Gods Church why must it not likewise be granted that subiects as wel Clercks as laicks are by the same law no lesse boūd in foro cōscientiae to be obedient to the King and his iust lawes the chiefest tribunall in the common wealth This I thinke no Christian wil deny as being most cleare and euident in holy Scriptures taught and practised by all ancient Fathers and holy Saints I confesse you will say that humane iust lawes haue their efficacie of binding all subiects to obey in the Court of conscience Tho. 1.2 q. 96. ar 4. from the eternall law of God of which they are deriued according to that of Salomon Per me Reges regnant Prou. 8 legum conditores iusta decernunt By me saith God Kings do reigne and Law-makers decree iust things But whether this law of the Oath which you aime at be such some make doubt for that Cardinall Bellarmine in Tortus and father Parsons in his Catholicke letter affirme many things to be contained therein against the spirituall primacie of the chiefe Pastor and his authoritie of binding and loosing and concerning the limitation to vse father Parsons owne words of his Holinesse authoritie to wit what he cannot do towards his Maiestie or his successors in anie case whatsoeuer Moreouer besides promise of ciuill and temporall obedience in the Oath other things are interlaced and mixt therewith which do detract from the spirituall authoritie of the highest Pastor at least wise indierectly saith he Therfore this law is iniust as being preiudiciall to the law of God and holy Church Some I know will be carping at me for affirming father Parsons to be the author of that Catholicke letter who being ashamed as may be thought of the slender and insufficient clearing the important matter of the Oath by foure seuerall and distinct waies according to his promise denie that euer he wrote the same But will they nill they it is so well knowne to be his and was to the Inquisition in Rome if I haue not bene misinformed and by a verie credible person that heard it from a gentleman present in the citie in his life time and at his death that he could not denie it and vpon the acknowledgement thereof whether with sorrow and griefe for some points vnaduisedlie or erroneously written and brought in question in his old age or somewhat else in some other booke of his against Doctor Morton touching the lawfulnesse of the Oath of Supremacie in some case I cannot say soone after fell sicke and died within eight daies But to returne to our matter Then lawes are said to be iust Tho. 1.2 q. 96.24 first when they are made for the common good secondly when they exceede not his power that maketh them and thirdly when they haue their due forme to wit when the burdens or penalties are imposed on the subiects with a certain equalitie of proportion in order to the common good or vtilitie of the weale publicke as S. Thomas noteth Such is this law of the Oath of allegiance made by full authoritie in Parliament for the conseruation of his Maiestie and whole commonwealth in tranquillitie and peace Tho. 22. q. 67.2.4 Innoc. 3. cap. Per venerabilem Extra Qui filij sint legitimi which is both priuate and common good When I say full authoritie I meane in temporals for so the Prince hath and onely in temporals in the common wealth no lesse thē the Pope in spirituals in the patrimonie of the Church Which law was generaly enacted for all English subiects though principally intended as a distinctiue signe to detect not Catholickes from Protestants nor such as denie the Kings spirituall supremacie in causes Ecclesiasticall from the Popes spirituall primacy as Cardinall Bellarmine in Tortus affirmeth but turbulent spirited Catholickes and these to represse from milde and dutifully affected subiects of the same religion such as disliking haply in words that most horrible conspiracy of Gunpowder King-slaying would in heart haue applauded the euent from those who in affliction for their conscience with patient perseuerance to the end how long soeuer God permit it to continue for our sinnes will in word and deede loue their enemies beare wrongs without murmuring and sincerely pray for the conuersion of their persecutors if they haue any following the example and doctrine of our blessed Sauiour and his holy Apostles That our dread Soueraigne in setting forth this Oath by Act of Parliament hath not exceeded the limites of his power is manifest in that it was framed onely for this end that his Maiesties subiects should thereby make cleare profession of their resolution Praefat monit Apolog. Reg. to vse his Maiesties owne words faithfully to persist in his Maiesties obediēce according to their naturall allegiance And so farre was his intent by the same Oath to detract from the Primacy or spirituall authority of the Pope of binding or loosing by Ecclesiasticall censures or sacraments as the Cardinall and father Parsons affirme that his Maiestie as it were by a most prudent preuention Praefat. monit to take away all scruples that might arise in Catholicke subiects consciences tooke speciall care that that clause inserted by the lower House into the Oath which detracted from the Popes spirituall authority of excommunicating his Maiestie should be forthwith put out And withall declared that the vertue or force of this Oath was no other then that the Popes excommunication might not minister a iust and lawfull cause vnto his subiects to attempt any thing by open or priuie conspiracies against his Maiestie or state What more I pray you could he haue done for clearing this controuersie and satisfying his subiects If then it be so that nothing is contained in this Oath but what appertaineth to naturall allegiance nor more by his Maiestie required then profession of ciuill and temporall obedience which nature prescribeth to all borne subiects as his Maiestie the interpreter of his owne law hath most sufficiently in his Premonition and Apologie made knowne to all by his pen nor that he intended by interlacing or mingling any thing to detract from the spirituall authoritie of the Pope no not indirectly nor against the law of God as is likewise manifest none can iustly say he hath exceeded his limits or that the law is vniust And wheras the Catholick letter hath That there are some things but specifying none of those some concerning the limitation of his Holinesse authoritie if he meane spirituall it is vntrue to wit what he cannot do towards his Maiestie or his successours in any case whatsoeuer That is a glosse of his owne inuention beside the text a notorious vntruth for there are no such words to be found in the
his spirit may be saued in the day of our Lord. 1. Cor. 5. Disciplina est enim excommunicatio non eradicatio Now what can here be gathered by the definition end effects or substance of this spirituall censure for deposing Kings and disposing of temporals Marry sir that subiects are bound obeying the chiefe Pastors censure to shun their Prince excommunicated performing no dutie vnto him nor in any sort to communicate with him for an excommunicate person by name ought of all to be auoided to whom os orare vale communio mensa negatur And then when all forsake him is he not in effect deposed Yes truly when all his subiects do forsake him and he left alone Sed quando haec eruâ—â— Is a King more like to be forsaken then a paterfamilias a priuate man Almaine saith indeede Alm. de pot Eccl. laicâ— q. 1. cap. 9. that the Pope may forbid the subiects of a Prince vnder paine of excommunication to performe any dutie vnto him whereby in effect he loseth his kingdome when no man doth regard him yet cannot depose him though he abuse his authoritie to the destruction of the Christian faith But if a generall defection of subiects follow not if according to their dutie they adhere faithfully vnto him without regard to his censure how then What his Holinesse may do in this case of excommunication with absolute Princes being sheepe of Christs fold to be directed and corrected with that spirituall rod when there is hope of amendment as well as priuate men I will not dispute but experience of former ages teacheth it is not expedient See S. Aug. lib 3. c. 2. cont ep Parm. c. 26. and that such practise breedeth oft schismes reuolts troubles and tendeth rather to destruction of many then to edification of any when as S. Paul professeth power to be giuen to the Church to edifie not to destroy And when this power is exercised in destructionem it is not that power which cometh from God but impotencie and defect This we may be said to do that we may lawfully do Which power Doctor Sanders calleth the sword of the Church and sheweth how it should be vsed Sand. de clau Dauid c. 9. Gladius Ecclesiae in aedificationem datus est c. The sword of the Church is giuen to edification not to destruction to conferre life not to inferre death for defence of the flocke not for hurt of the sheepe to driue away the Wolfe not to deuoure the lambe This sword being spirituall and is to worke vpon soules not bodies or goods of any may be drawne foorth I must coÌ„fesse by the supreme Pastor against exorbitant Princes whose superior he ought to be acknowledged but onely in spirituals when there is hope to saue not to destroy to do good no harme and rather to make a wolfe a lambe then cause a lambe to become a wolfe ready to deuoure the flocke as sometimes such censures haue done which lameÌ„table experience on the persons of many Princes can testifie whereupon they proceeded further haply in rigor with their subiects then otherwise they would haue done and not so much for excommunication onely as for the clauses of depriuation deposition and absolution of subiects from their dutifull obedience which are farre from the nature and substance of a spirituall censure and exceedeth the limited of that power as very learned Catholike Authors go about to proue Excommunicatio saith Ludouicus Richeom non nisi excommunicatum facere potest Richeom in apolog eáque fulminatur in Principes c. Excommunication cannot cause one to be but excommunicated and it is thundred out against Princes not that they may become tyrants nor remoued from their possessions nor to slacken the raines vnto subiects or that they may be freed from their sworne fidelitie To this agreeth Medina Excommunicato non est priuatio alicuius boni proprij Medina in 1.2 q. 96. ar 4. citans Sotum quod transgressor legis prius possederat sed est priuatio bonorum communium c. Excommunication is not a taking away of any proper good which the transgressor of the law before had possessed but it is a depriuing of the common goods which he was to receiue of the Church as spirituall communion and receiuing sacraments By which doctrine is plaine that none poore or rich subiect or Prince may by vertue of excommunication meerely be dispossessed of any temporall goods whatsoeuer If they could then woe to all Christians in this respect that liue in such times as Bishops and Popes are not saints Any man excommunicated vpon repeÌ„tance may returne to grace be receiued of the Church and may recouer those spirituall goods he had lost as prayers suffrages and sacraments of the Church c. But if temporals especially kingdomes be once lost and confiscate what hope of recouery Wil it not be too late to cry Peccaui So then that punishment which God hath ordained for the good of soules would be most like to turne to the destruction of bodies soules and goods for euer if excommunication could worke such effect and were not as it ought to be medicinalis but exitialis which is not to be granted Moreouer if ye looke backe to ancient Canons of generall Councels yea to the Canons of the Apostles you shall see for the same or like crimes punishments to be inflicted on offendors but deposition inflicted on Clercks and on Laicks excommunication or depriuing onely of sacraments and communion making this distinction Si Clericus sit deponitor si Laicus à communione eijcitor Insinuating thereby as may seeme that the Church hath superioritie directly ouer Clerks to deposition or degradation of persons not so ouer the persons of Laicks further then to the censure of excommunication and therefore not ouer kingdomes and Kings who acknowledge no superiour on earth in temporals But I pray you if the Popes Holines vpon cause of heresie do excommunicate a Prince or priuate man and all that shall communicate with him or obey him is he not then to be auoided and forsaken of his subiects and inferiours or others whosoeuer He that denieth this seemeth to deny the Popes spirituall authority of binding that of S. Paul Haereticum hominem post primam secundam correptionem denita Tit. 3. A man that is an hereticke after the first and second admonition auoide What is this to our Oath Is there any such clause for heresie in it Are we to adde vnto it by our idle inuentions or are we vrged to take it otherwise then the words import simply as they lye framed by act of Parliament But these and such like fond verball obiections are the cauilling shifts of such as know not how to giue better answers to the substantiall points of the Oath and perswade some to the losse of their liues and others of their lands and goods to their vtter ruine if iustice without mercy be executed that it cannot be
not obey the Pope excōmunicating an hereticall king vnlesse he beleeue that an hereticall king cannot be excōmunicated by the Pope Nay here in our Oath with due respect to his Grace be it said is neither openly no nor couertly denied that the Pope hath power to exōmmunicate Kings though they be heretikes as the Cardinall beareth his reader in hand I maruaile he wold in such wise adde vnto thrust into the text of the Oath that which no man no nor himselfe can find therein For let it be well viewed and considered it will presently appeare that there is no mention at al of the Popes excōmunicating Kings though they be heretiks or heretical Kings but onely if he should excommunicate our King and absolue his subiects from their obedience yet I will beare true faith and allegiance to his Maiestie What sincere dealing is this Such glosses or wilfull additions are but manifest corruptions of the text which ought not to be vsed by any that professe sincerity truth So this makes nothing against vs but rather against himself Then he cometh with his needles minor which no Catholick denieth But power to excōmunicate is intrinsecall to the Apostolicke primacie and vnseparable from it when as our Lord said to Peter as to the first spirituall Primate Math. 16. Whatsoeuer thou shalt binde vpon earth shall be bound also in heauen What is this to the purpose What Catholicke that hath taken the Oath will denie it It is not vnlike to one that frameth an aduersarie in the aire to fight withall If French Catholickes be demanded what they will do in this case if the Pope should excommunicate their King and discharge his subiects of their obedience they will forthwith answer that notwithstanding any monitions excōmunications or interdicts they will not forsake but obey their King in temporals from which obedience they cannot be absolued or dispenced withall by the Pope as is in decretis Ecclesiae Gallicanae lib. 2. cap. 1. Nay they will bring certaine priuiledges for them and their King against the Popes censure of excommunication yet these like good Catholickes will beleeue that he hath power to excommunicate an hereticall King So in our case a man of any iudgement may clearely see it is neither openly nor couertly explicitè nor implicitè denied but plainely granted of such as take the Oath that the Pope may excommunicate albeit vpon iust cause adhering to his Prince he obey not the sentence I aske if his Holinesse in Rome should determine to create some Priest or Prelate Cardinall or Bishop and he of humilitie or for some other cause best knowne to himselfe notwithstanding the Popes determination refuse to accept of the dignity Quis est hic laudabimus eum Who is he and we will commend him doth it follow that therefore he denieth the Pope to haue power to conferre those dignities on them Or if a King be pleased to extend his mercie toward an offender condemned to die granting him a pardon can it be said though he list not to accept thereof notwithstanding the Kings grant for that he hath a shrewd wife that maketh him wearie of his life or for some other cause that he denieth the King to haue power to pardon his offence It may be admired that one so excellently learned will argue so weakely None would haue thought but the booke bearing the name of Mattheus Tortus had bene in deed his Chaplains not the Cardinals had not his Grace discouered himselfe in his answer to our Kings Apologie Whosoeuer saieth or sweareth that notwithstanding any sentence of excommunication yet he will beare true faith and allegiance to his Prince no way denieth it but supposeth such a sentence to be or to haue bin When the Pope in his writings putteth this clause Non obstantibus constitutionibus Apostolicis contrarijs quibuscunque Notwithstanding any contrary Apostolicall constitutions whatsoeuer c. as in the Briefe of Paulus the fifth to maister George Birket dated 1. Febr. 1608. or in others Non obstantibus priuilegijs quibuscunque c. Notwithstanding whatsoeuer priuiledges Is it not manifest that such priuiledges or Apostolicall Constitutions are supposed to be or might haue bene before granted So in our case none denieth the Popes excōmunication but chuseth vpō iust cause to adhere to his Prince notwithstanding the sentence of excommunication against him which he presupposeth to be or else may be granted If any will say There can be no iust cause to adhere and obey his Prince if he be excommunicated it were ridiculous and false as all writers affirme some cases being excepted whether he be excommunicated à iure vel ab homine Vict. de excom nu 10. Cum omnibus excommunicatis saith Victoria among the rest quocunque modo sint excommunicati c. With all excommunicate persons in what sort soeuer they are excommunicated it is lawfull to participate in these things which are contained in this verse Vtile lex humile res ignorata Tolet. l. 1. inst sacer c. 11. n. 7 Nauar. Ench. c. 27. n. 26. Tho. 4. dist 18. ar 4. necesse Nauarre likewise Regulariter participans c. Ordinarily he that communicateth with one that is excommunicated with the greater excommunication incurreth the lesser yet it faileth in these Vtile lex c. The declaration of which words he that vnderstandeth Latin may see in the same place of Nauarre in Caietans Summe Emanuel Sa and other Authors Now who is so simple as to thinke that a wife is bound to abandon her husband and not to participate with him children to forsake their fathers seruants their maisters and not communicate with them in domesticall affaires if they should be excommunicated If it be lawfull for such as it is by lex and humile why not also for subiects to communicate in all ciuill causes with their Prince there being absolute necessitie besides vtile and humile to warrant them so to do according to the rule as it is in Nauarre Quod non est licitum in lege necessitas facit licitum What is not lawfull in the law Nau. Ench. c. 27. nu 35. necessitie maketh lawfull It is not vnknowne that Henrie the fourth the late French King obtaining the Crowne of France when he was yet an hereticke relapsed and de facto excommunicated by the Pope required an Oath of fealtie of the Clergie of Paris for the better securitie in his dominions as by their records do appeare whereupon the chiefe of all the learned Doctors and faculties both of the secular and religious Clergie of that citie willingly without delay performed their dutie taking a corporall oath of fealtie and true allegiance to his Highnesse notwithstanding the Popes excommunication with promise to assist him to their power against all leaguers whatsoeuer among which his Holinesse at that time was one that should machinate or attempt any thing against his person hinder his peace and quietnesse or raise armes to the
and kild him out of hand Here in this we see some things not vnlike vnto ours as much as toucheth the zeale valiantnesse of mind and the issue of the enterprise yet in the rest there is no comparison to be made Eleazarus was a Souldier exercised in weapons and trained vp in warres set in battell emboldened with courage and inflamed with rage and anger this a Friar not inured to the fight and so abhorring of bloud by the order of his profession that perhaps he could not abide the cutting of a veine He knew the kind of his death as also the place of his buriall namely that he should be intombed vnder the fall of the beast and so buried in the middest of his triumph and victorie This man did looke for death onely and expected nothing but vnknowne and most cruell torments and did not doubt before but that he should lacke a graue to rest within But in this are yet many other things that can suffer no comparison The famous historie of the holy woman Iudith is sufficiently knowne who tooke counsell with her selfe that she might deliuer her Citie and the people of God no doubt by the inspiration of the holy Ghost to murther Holophernes chiefe Captaine and Prince of the enemies forces which she also most valiantly accomplished Wherein although appeare many and most manifest tokens of heauenly direction yet farre greater arguments of Gods prouidence are to beseene in the killing of this King and the deliuering of the citie of Paris farre more difficult and harder to be brought to passe then was the enterprise of Iudith For this holy woman disclosed part of her intention before vnto the Gouernors of the Citie and went not without great commendation of young and old through the gates of Bethulia by the watch in sight and presence of the Elders and Princes of that place and by that meanes was not subiect vnto their examination and searching which is alwayes vsed so stricty in time of siege and warre that a flie can hardly without examining get by She being come to the enemy through whose campe and watches she was to go and now oftentimes examined and searched being a woman carrying no letters nor weapons about her from whence any suspition might grow and yielding probable reasons of her coming there and abandoning of her countrey was easily discharged As also for the same causes and for her sexe and exquisite beautie being brought before this lewd Prince whom lust wine and good cheare had rockt asleepe might lightly performe that which she had determined before But this religious man had vndertaken a matter of greater weight and also performed it which was compassed with so many impediments difficulties and dangers that it by no earthly meanes could haue bene brought to passe without the manifest ordinance and speciall aid of the Almightie First letters of commendation were to be procured from the enemie then was he constrained to go through that gate of the city which directly went to the enemies campe the which without doubt was so narrowly kept watched in the extremitie of that siege that euerie trifle bred suspition and none were suffered to go foorth without curious searching before touching their letters businesse and affaires they had But he a wonderfull thing went by the watch vnexamined yea with letters of commendatiō vnto the enemie which if they had bin intercepted by the citizens without delay and further sentence he should haue bene executed presently and therefore this is a manifest argument of Gods prouidence But this is a farre greater miracle that he without searching went also through the enemies campe by diuerse watches and sentinels and which more is through the Guard of the Kings body and finally through the whole armie which was compacted almost of none but Hugonots and Heretickes he being a religious man and apparelled after the order of his profession which was so odious vnto them that they killed or at least greatly misused all those Friars whom they found in those places which not long before they had taken perforce about Paris Iudith was a woman nothing odious yet examined oftentimes she carried nothing about her that might haue turned to her danger destruction This man a Friar therfore hated and most suspected hauing also a knife prepared for that purpose not put vp in a sheath which might haue made his excusation probable but bare hidden in his sleeue which if it had bene found about him presently without any further iudgment he should haue bin hanged All these are such cleare arguments of the particular prouidence of God that they cannot be denied or disprooued and it could not be otherwise but that God blinded the eies of the enemies so that they could not see nor know him For as we haue said before although some absurdly ascribe this vnto fortune or vnto some other such like accident yet we thinke good to referre all this to none else but vnto the holy will and ordinance of God And truly I could not beleeue this to haue bene done otherwise vnlesse I should captiue submit my vnderstanding vnder the obedience of Christ his doctrine who had determined by these miraculous meanes to vnset and deliuer the citie of Paris which as we haue heard hath bene in great danger extremitie and iustly punish the hainous and notorious sinnes of that King and take him away out of this world by such an vnhappie and infamous death And we truly not without great inward griefe haue oftentimes foretold that as he was the last of his name and familie so was he like to haue and make some strange and shamefull end of his life Which that I haue oftentimes said it not onely the Cardinals Ioiosa Lenocurtius and he of Paris but also the Oratour at that time here resident can sufficiently witnesse and testifie We will not seeme to call here to affirme our wordes for those that are already deceassed but the liuing some of them at this time present do yet well remember thē yet notwithstanding we will not vnrip all that we are able and forced to speak against this vnfortunate king for the most noble realme of France it sake which we shall prosecute and foster hereafter as we haue done alwaies before with al fatherly loue honor and affection This therefore which we with griefe haue spoken toucheth onely the kings person whose vnhappie and vnluckie end depriueth and exempteth him also of those duties and honors which this holy sea the tender and gentle mother of all faithfull but chiefly of christian Princes is wont to offer vnto all Kings and Emperours which we most willingly would likewise haue bestowed vpon him if the holy Scriptures in this case had not altogether forbidden it There is saith S. Iohn a sin vnto death I say not that any should pray for it which may be vnderstood both of the sin it selfe as if he should say for that sin or for the remission
that he acknowledged himselfe vnable to effect it yet at last wonne by their importunitie they being his friends promised to do the best he could hoping they would when they saw it with their memories helpe to supply his defects The same afternoone he began to set downe in writing the Popes speech in his owne phrase and stile as neare as he could remember and when he had done he commanded me being one of his Chaplains and two other of his gentlemen to write out copies thereof which he after presented to the Cardinals his friends who had importuned him to that labour Afterwards they gaue him thankes saying that it was the very Oration which Sixtus had vttered in Consistory and as I was enformed the Pope himselfe liking his doing therein said it was his speech indeed By this meanes the Oration was set forth and published among diuers particular friends and so I reserued to my self a copie which I sent as I haue said soon after to my beloued friend M. William Reynolds And as far as my memory serueth me this here printed according to the Parisian copie doth well agree with the originals first written in Rome for I do yet perfectly remember the beginning out of Abacucke to be the same likewise the facts of Eleazar and of Iudith with the circumstances to haue bene in that Oration as also the circumstances of the Friars going to certaine aduersaries of the league for letters of credence to the King Brisac then prisoner in the Bastile his going forth of the gate so dangerously and his passage through the heretickes campe to his Maiestie with other like circumstances there specified But whether the Pope in this his Oration approueth or alloweth of the Friars fact killing his King for that he had caused the Cardinall of Guise Archbishop of Rhemes to be put to death was esteemed of some a tyrant and fauourer of heretickes or onely admired the prouidence of almightie God as Cardinall Bellarmine in Tortus affirmeth I do not presume to define but leaue it to the consideration of each prudent reader What if the Pope vpon wrongs done to himselfe as a temporall Prince in Italy should authorize some of his vassals or feudatary Princes to wage warre against our King and inuade his dominions is not this lawfull for him by the law of nations How then doth the Oath say that the Pope neither of himselfe nor by any authoritie of the Church or sea of Rome or by any other meanes with 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 forrein Prince to inuade or annoy him or his countries That his Holinesse as he is a temporall Prince in Italy may vpon iust cause reuenge iniuries offered by attempting the various euents of warre and thereby seeke to annoy his Maiestie or his countries no man I thinke will doubt but can any man hereby inferre that so doing he hath more authoritie to depose our King or dispose any of his Maiesties kingdomes or inuade his dominions then hath the Emperour French King King of Spaine or any other secular Prince And in case he should attempt in hostile manner not as he is a spirituall Pastor but a secular Prince by himselfe or by the helpe of any forreine Prince to inuade or annoy his Maiestie or his countries euery good subiect may lawfully and in dutie is bound to take armes in defence of his King and countrey against him no lesse then he ought to do against any other secular Potentate whatsoeuer But our Oath speaketh not of the secular power of the Bishop of Rome which he hath onely by the bountie and liberalitie of temporall Princes or by prescription in the temporall dominions he possesseth but of any authoritie whatsoeuer receiued from Christ or his Apostles as he is Christs Vicar and Peters successor as the words of the Oath seeme to import viz. That the Pope neither of himselfe that is as he is Pope nor by any authoritie of the Church or sea of Rome For thus his authoritie is onely and meerly spirituall which was neuer ordained by God to produce such effects as waging of warre inuasion of kingdomes deposing and dethroning of Princes as hath bene said before but onely to practise spirituall censures to wit excommunication suspension interdiction and such like which maketh nothing for such as refuse the taking of the Oath Another obiection some vse to make for their iustification against the Oath viz That he who sweareth must do his best endeuour to disclose and make knowne vnto his Maiestie his heires and successours all treasons and traiterous conspiracies which he shall know or heare of to be against him or any of them But to be a Priest to reconcile or to be reconciled to the Church of Rome is treason by the statutes of this kingdome Anno 23.27 Elizab. Therefore he is bound by this Oath to reueale Priests and all reconciled persons which no man can do without committing a most grieuous and hainous crime Are not these men narrowly driuē to their shifts trow ye when after labouring their wits to defend their refusall of the Oath they can find no better arguments The words of the Oath import that such as take it must make knowne all treasons and traiterous conspiracies which he shall know to be against him How I pray you can this be vnderstood of any who is not disposed to cauill to be meant of Priesthood and confession of sins or reconcilement to the fauour of God or vnitie of his Church and not rather of such like treasons and traitorous conspiracies as were inuented and should haue bene practised by those late wicked sulphurean traitors These indeed and others of like nature and qualitie are directly against his Maiestie his hieres and successours for repressing and detecting such this Oath was inuented and the Act framed not for disclosing Priests or reconciled persons who acccording to the intentiō of the Act are no such traitors as long as they enter not into any treasonable practise against his Maiestie and the State whereof God forbid all Priests should be guiltie And I trust both his Maiestie most learned and wise together with his graue and prudent Councell in their wisedomes know that besides some few who haue already giuen good proofe of their loialtie and dutifull affection though to their great temporall detriment for the same there are many moe who beare likewise a true English heart to their King and countrey and would be ready to make also proofe thereof if occasion were offered Wherefore supposing it were true that by the letter of the law all Priests Jesuites c. mentioned in the statute are to be reputed traitors and all reconciling treason yet I dare auouch it was neuer his Maiesties nor the lawmakers intent to bind any called to the Oath to reueale such kind of traitours or treasons which is made
most credite and is truest were greatly wished might be made knowne to the parties whom it concerneth otherwise how can they tell what to do in this important businesse and what is required at their hands to retaine still or recouer their faculties being once lost How shall they obey if they know not what is commanded them 1. Cor. 14. Etenim si incertam vocem det tuba saith Saint Paul quis parabit se ad bellum For if the trumpet giue an vncertaine voice who shall prepare himselfe to battell Therfore it is most requisite that such as haue bin in possession of their faculties granted theÌ„ by authority of the Sea of Rome some 20. some 30. yeares agone and some more should know how and by whom they are taken from them and for what cause which ought to be for so the great fault because the paine is most grieuous should see moreouer not onely an authenticall copie of the originall letters but also the originals themselues if the Churches orderly proceedings be obserued otherwise all may be thought idle reports not to be beleeued Tho. 3. p. q. 19. ar 6. For Saint Thomas saith That when the Church depriueth heretickes and schismatickes and other such like withdrawing subiects from them either simpliciter or quantum ad aliquid simply or touching some particular thing they cannot put in practise or haue vse of the keyes touching that which they are depriued of Then I say it is verie necessarie that Priests not heretickes nor schismatickes or such like but most constant in euerie least article of the Romane faith should know whether they be forbidden simply all or else but some particular faculties receiued at their mission whereby they may in all humilitie shew themselues obedient to his Holinesse in surceasing from exercising what they shall perceiue to be by him forbidden them Now whereas the first report of the manner of taking away faculties is That Priests constantly persisting in teaching the lawfulnesse of the Oath had lost their faculties were disabled to absolue their penitents from deadly sin by vertue of the Archpriests admonitioÌ„ I wish the discreet reader not to giue credite thereto because doubt may well be made thereof seeing diuerse learned Priests yea such as haue not taken the Oath haue iudged otherwise viz That they were not lost and amongst the rest an Assistant esteemed of many to be one of the grauest and best iudgement in such cases Which will also most perspicuously appeare to him that shall with iudgement reade the Admonition and duly consider the Archpriests act and proceeding therein whether it be as it ought to be in euery respect conformable to that of the Popes Breues authorising him which was as followeth Ex Breui sum Pont. TibÃque iniungimus mandamus ac specialem facultatem ad hoc tribuimus vt authoritate nostr a omnes singulos Sacerdotes Anglos qui quoddam iur amentum in quo multa continentur quae fidei atque saluti animarum aperte aduersantur praestiterunt vel ad loca ad quae haeretici ad eorum superstitiosa ministeria peragenda conuenire solent consultò accesserunt aut qui talia licitè fieri posse docuerunt docent admonere cures vt ab huiusmodi erroribus resipiscant abstineant quod si intra tempus extraiudicialiter tamen arbitrio tuo illis praefigendum hoc facere distulerint seu aliquis illorum distulerit illos seu illum facult atibus priuilegys omnihus ab Apostolica sede seu illius authoritate à quocunque â—lio illis vel cuiuis illorum concessis eadem authoritate priues ac priuatos esse declares c. Datum Romae apud S. Petrum sub annulo piscatoris die 1. February 1608. Pontificatus nostri anno 3. And we enioyne and command you and for this we giue you speciall facultie that by our authoritie you take care to admonish all and singular English Priests who haue taken a certaine Oath wherein many things are contained which are manifestly against faith and the health of soules c. or haue taught and do teach such things may lawfully be done that they may repent and abstaine from such errors and if within the time extraiudicialiter notwithstanding by you to be prefixed vnto them they shal deferre to do this or any one shall deferre that you by the same authoritie deptiue and declare them or him to be depriued of all faculties and priuiledges granted them or any of them from the Sea Apostolicke or by her authority from any other whatsoeuer Dated at Rome the first of Frebruary 1608. This much out of the Popes Breue to the reuerend Archpriest M. Birket touching his facultie or commission giuen him first to admonish then after the time prefixed was expired no satisfaction being giuen of repenting or abstaining to depriue such and declare them depriued of their faculties Whereupon the Archpriest indeed sent a letter of admonition to the Priests then of and in the Clinke endorced To all the reuerend Secular Priests of England Which was as followeth Most dearely beloued brethren The Archpriests letter to the Priests of the Clinke whereas I haue alwayes desired to liue without molesting or offending others it cannot be but a wonderfull corsiue sorrow and griefe vnto me that against mine owne inclination I am forced as you haue seene by the Breue it selfe to prescribe a certaine time for such as do find themselues to haue bene contrarie to the points which are touched in the said Breue concerning the Oath and going to Church that they may thereby returne and conforme themselues to the doctrine declared by his Holinesse both in this and the other former Breues And therefore now by this present do giue notice vnto you all that the time which I prefixe and prescribe for that purpose is the space of two moneths next ensuing after the knowledge of this my admonition Within which time such as shall forbeare to take or allow any more the Oath or going to Church I shall most willingly accept their doing therein yet signifying vnto you withall that such as do not within this time prescribed giue this satisfaction I must though much against my will for fulfilling his Holinesse commandement depriue them and denounce them to be depriued of all their faculties and priuiledges granted by the Sea Apostolicke or by any other by authoritie thereof vnto them or to any of them and so by this present do denounce hoping that there is no man will be so wilfull or disobedient to his Holinesse order but will conforme himselfe as becometh an obedient child of the Catholicke Church And so most heartily wishing this conformitie in vs all and that we may liue and labour together vnanimes in domo Domini I pray God guie vs the grace to effect that in our actions whereunto we are by our order and profession obliged This 2. of May 1608. Your seruant in Christ George Birket Archpriest