of the Law and declaration of the Law-maker only temporall Allegiance is demanded for that by the end and reason of the Law the ambiguitie of the words saith Suarez Suarez lib. 6. de Legibus cap. 1. nu 19. is chiefly to be determined and it is morally a sure meanes to finde out the will and intention of the Law-maker especially that reason which is expressed in the Law for then the reason of the Law is in some sort a part thereof because it is contayned and supposed therein 8. Fourthly it is to bee obserued that albeit English Catholikes might at the first before they examined particularly the end reason matter and contents of this new Oath iustly suspect it to be vnlawfull and to contayne in it more then temporall Allegiance and that His Maiestie and the Parliament vnder pretence of demanding that temporall Allegiance which by the Law of God and Nature is due to all temporall Princes did intend to haue couertly at leastwise abiured some spirituall obedience which by the institution of Christ is due to spirituall Pastours both for that it is a new vncouth and vnwonted Oath of Allegiance and expresly denyeth the Popes authoritie to depose wherewith other Christian Princes in the ordinarie Oaths of Allegiance which they demand of their subiects doe not in plaine and expresse termes intermeddle and also for that it was deuised by those who are opposite to the Catholike Romane Religion yet this bare suspicion can bee no sufficient cause ground or motiue to condemne it as likewise no man vpon a bare suspicion is to be condemned but only to haue it examined and if after due examination it be found faulty to reiect it if otherwise to approue it But doubtlesse whosoeuer will sincerely and with a pure desire to find out the truth and to yeeld without all partialitie as wel to Kings as to Popes that which is their due examine the occasion end matter and contents of this new and vnwonted Oath will quickly finde that it is condemned by some vpon a bare and naked suspicion and without due examination by others vpon a blind and inconsiderate zeale to the See Apostolike not regarding in like manner the dutie which by the Law of God they owe to their temporall Prince and by all that thinke it vnlawfull without sufficient ground 9. For the occasion of this vnwonted Oath was that vnwonted barbarous Powder-plot of certaine Catholikes who pretended to iustifie their neuer heard of Barbarisme vnder the colour of Religion and the Popes authoritie to dispose of the Crownes and liues of temporall Princes in order to spirituall good and so no maruell that to preuent the like vnwonted crueltie was deuised this vnwonted remedie And albeit the inuenters of this Oath are opposite to the Catholike Romane Religion and are fully perswaded that the Pope by the Law of God hath no authoritie ouer this Kingdome so much as in spiritualls yet there meaning was not as you haue seene aboue to meddle in this Oath with that spirituall authoritie which is granted him by all Catholikes but only to demand a profession of that temporall Allegiance which all the Subiects of this Land of what Religion soeuer they be doe owe to their temporall Prince and not to the Pope 10. And therefore which is carefully to bee obserued this Oath doth not meddle positiuely with the Popes authoritie for that it doth not belong to temporall Princes to declare what authoritie the Pope hath but it medleth positiuely with the Kings temporall Soueraigntie and negatiuely with the Popes authoritie and it doth not declare ◅ what authoritie the Pope hath but only what authoritie hee hath not And what man I pray you can bee so blinde as not to see that whosoeuer expresly affirmeth King Iames to bee his true and rightfull King and Soueraigne in temporalls and to haue ouer him and his other Subiects all Kingly Power Authority and Iurisdiction doth consequently and vertually deny the same of the Pope Wherefore if wee well examine the matter and contents of this vnwonted Oath wee shall find that His Maiestie and the State doe herein deny no other authoritie of the Pope expresly and by name then which not only in the Protestation of those thirteene Catholike Priests but also in all other vsuall Oaths of Allegiance which absolute Princes are wont to demand of their Subiects is vertually couertly and in effect implyed For whosoeuer sincerely and from his heart acknowlegeth any Prince to be his only rightfull King and Soueraigne in temporals which all absolute Princes in their vsuall Oaths of Allegiance demand of their Subjects hee must vertually acknowledge that the Pope is not his Soueraigne Lord in temporals and consequently that he hath no authoritie ouer his Prince or him in temporals and therefore neither to depose his Prince or to dispose of His temporall Dominions for that these are tēporal things for what end cause crime or pretext soeuer either spirituall or temporall they be done 11. Fiftly to know vpon what assured grounds the Popes authoritie to depose Princes or to attempt and practise their deposition is by Catholikes denyed in this Oath it is to be obserued that as Leonardus Lessius a famous Iesuite noteth very well Lessius in his Singleton part 2. nu 38. a power which is not altogether certaine but probable cannot be a sufficient ground or title whereby immediately any man may bee punished or depriued of that right dominion or any other thing which he actually possesseth but such a power or title must bee most certaine and without all doubt or controuersie Wherefore neither can the Pope nor any other Prince without manifest iniustice inuade the Kingdome of another Prince make warre against him or seeke to depose or dispossesse him vpon a probable vncertaine or controuersed title For certes saith the Authour of the Prelate and the Prince and who is knowne to bee a famous Doctor and Professor of Diuinity though masked vnder the name of I. E. Cap. 11. pag. 235. as it is iniustice to put one out of his land or house who hath probable right and and withall possession because poti◅r est conditio possidentis better is the condition of him that is in possession So were it open iniustice in the Pope to depriue a King of his Crowne and Kingdome who hath probable right and withall possession And this also is the receiued doctrine of all Diuines and Lawyers Victoria in Relect de ture belli nu 29. seq Vasquez 1. 2. disp 64. cap. 3. Gregorius de Valentia 2. 2. and Pope Adrian with many others cited by Valentia and grounded in the light of naturall reason and declared by the approued rules of the Law that no man can bee iustly inuaded or be put out of his possession vpon an vncertaine or controuersed title because In causa dubia siue incerta potior est conditio possidentis In a doubtfull or disputable cause the condition of the
being put out of that which they really and bona fide doe possesse And doubtlesse most miserable were the state of all men that possesse any thing of worth and much more of Princes if vpon a title which some learned mâ—n may in speculation approoue it were lawfull to inuade their possessions before a lawfull Iudge and who is certainly knowne so to bee hath decided and determined the title or controuersie To preuent which mischiefe all Natitions being guided herein by the light of naturall reason haue agreed in this manifest principle that it is open iniustice to put any man out of his possession vpon any title which is not most certaine and free from all controuersie vntill a lawfull and vndoubted Iudge hath decided the matter I said a lawfull and vndoubted Iudge for if it be doubtfull vncertaine and questionable whether he be a lawfull and competent Iudge to determine that cause his decision cannot be sufficient to end the controuersie For which cause the Pope is not to bee accounted a lawfull and competent Iudge to decide this question concerning his owne pretended authoritie to depriue Princes for that it is a controuersie among learned Diuines and approued by very many as Pope Adrian the Cardinaell of Cambray the Cardinall Cusanus the Cardinall Panormitan the Cardinall of Florence Master to Panormitan Iohn Patriarch of Antioch Abulensis Ioannes Parisiensis Ioannes Gerson Iohn Maior Almaine and almost all the Vniuersitie of Paris cited by Widdrington Widdring in the discouerie of D. Schulkeuius slanders §. 7. that the Pope is not a competent Iudge to decide or define infallibly any doctrinall point and much lesse in his owne cause without a true and vndoubted generall Councell and therfore although he should hereafter as yet he hath not attempt to define and decide this question his decision could not end the controuersie nor giue sufficient warrant to any man to practize the deposition of Princes vpon so doubtfull vncertaine and questionable power or title 3. Neuerthelesse it behooueth temporall Princes to be very carefull that their titles to the Dominions which they lawfuly possesse be not so much as speculatiuely or only for Disputation sake disputed pro and contra by learned men least that some ignorant or turbulent spirits which either doe not know or of set purpose to colour their practices vnder a pretence of a probable title will not take notice of the manifest difference betwixt speculation and practice may take occasion thereby to disturbe the publike peace and to molest annoy or to offer any violence or hurt to their Royall Persons States or Gouernment For which cause the Parliament of Paris hath with great wisdome and reason oftentimes by publike Edicts ordained See beneath in the end of this Treatise some of these Decrees that the doctrine of deposing their Kings should not bee so much as taught and maintayned to bee probable or problematike that occasion be not giuen to seditious spirits who know not or will not take notice of the difference betwixt speculation and practice to attempt vnder pretence of a probable title any violence against the Crowns or sacred Persons of their Kings And the reason is manifest for that the temporall Common-wealth hath good and full authoritie to forbid the teaching and publishing of any doctrine which is not necessarie whereby probable danger to the Crownes and liues of temporall Princes and perturbations in the Common-wealth may arise 4. First therefore by those words of this Branch nor by any other means with any other it is euident that the Parliament which representeth the whole bodie of the Kingdome or Common-wealth did not intend to meddle with the authoritie which the whole Kingdome or Common-wealth may according to the opinion of some Doctors pretend to haue in some cases ouer their soueraign Prince as Lessius and others whom the Authors of the Prelate and the Prince doth seeme to follow doe idly obiect And although the meaning of those words were to deny that the whole Kingdome or Common-wealth hath no authoritie to depose their King yet considering that it is also a probable doctrine approued by many learned Catholike Diuines and Lawyers cited by Widdrington Widdr. in Apolog nu 111. and in his Answere to Fitz-herb part 3. cap. 11. nu 36. 37. that the Common-wealth hath no such authority it is also lawful for any man of what opinion soeuer hee bee in speculation concerning this authoritie of the CoÌ„monweath to acknowledge and sweare that the Common-wealth hath no more authoritie to depose the King that is to practize his deposition then she hath to commit open iniustice But the true meaning of His Maiestie and the Parliament is as the words themselues doe plainely signifie only to deny the Popes authoritie to depose c. to wit that the Pope neither of himselfe that is neither as a sole and totall cause nor by any authoritie c. that is neither as an Instrument or Minister of the Church or See of Rome nor by any other meanes with any other that is nor as a principall or true and proper partiall cause or Agent hath any authoritie to depose the King c. 5. Neither by those wordes or to authorize any forraigne Prince to inuade or annoy Him or His Countries did His Maiestie and the Parliamenâ— intend to denie the authoritie which temporall Princes may haue in somâ— cases to make warre against their neighbour Princes and consequently against His Maiestie if he should giue them iust cause of warre yet euer obseruing that no probable power cause or title can bee a sufficient ground to punish any Prince or to inuade His Countries but as the expresse words do plainly shew only to deny the Popes authoritie to authorize any forraigne Prince to inuade or annoy Him or His Countries because all the authoritie which temporall Princes haue to make warre or to inuade the Kingdome of an other Prince for what cause crime or end so euer it bee is deriued from their temporall Soueraigntie grounded vpon the Law of Nature or Nations not from the Popes authoritie And likewise all the authority which the temporall Common-wealth may pretend to haue in some cases to rise vp in Armes against their Prince is not deriued from the Popes warrant license or authoritie but if there be any such power from the Law of Nature And therefore with great reason this Clause denyeth in the Pope all power and authoritie to authorize any forraigne Prince to inuade or annoy His Maiestie or his Countries or to giue license or leaue to any of his subiects to beare Armes rayse Tumults or to offer any violence or hurt to His Maiestis Royall Person State or GouernmeÌ„t because although they shuld haue any such authoritie leaue or licence wherewith His Maiestie and the Parliament would not in this Oath intermeddle they haue it not from the Pope but from the Law of Nations or Nature 6. Secondly in this Branch is not
denyed the Popes authoritie to command in temporals in order to spirituall good or to declare that they who haue authoritie to depose or to make warre are bound to vse their temporall authoritie and to draw forth the temporall Sword when the necessitie of the Church and the spirituall good of soules shall require the same for this authoritie of declare and command doth not exceede the limits of spirituall power as Widdrington hath shewed at large heretofore Widdr. in Apol nu ◅ and in all his other Bookes very often but especially in his Answere to Fitz-herb But here is only denyed the Popes authoritie to depose temporall Princes to dispose of their temporals to vse or draw forth the temporall Sword or to authorize temporall Princes or subiects to vse or draw forth the same for whosoeuer giueth authoritie to another man to vse the temporall Sword hath authoritie to vse it himselfe although sometimes for want of strength or some other necessarie Instrument hee cannot vse it himselfe yet still he hath authoritie to vse it 7. And although a Commander which I wish the Reader to obserue for the Author of the Prelate and the Prince is commmonly said to doe that thing which is done by his Commandement and so hee that counsaileth consenteth or any way concurreth although per accidens and not by any proper vertue or influxe of his owne is said to doe that thing as hee that applyeth fire to straw or commandeth counsaileth yea or doth not hinder the applying thereof when hee is bound to hinder it is said to burne the straw although hee bee no true and proper efficient cause of the burning thereof but only a cause per accidens yet a Commander is not said to doe that which hee commandeth as a true and proper cause or as hauing authoritie to doe that thing which hee commandeth whereof this Branch of the Oath doth only speake but only as a cause per accidens which according to the doctrine of all Philosophers is no true and proper efficient cause vnlesse by his proper power vertue influxe or authoritie hee concurre to the doing thereof and that the person commanded hath his power vertue or authoritie to doe that thing deriued from the Commander or depending on him 8. For which cause a Painter who commandeth his Seruant to make a Picture and giueth him rules and directions how to mingle his Colours and afterwards to apply them which without the directions of his Master hee himselfe could not doe is the principall cause and agent of making that Picture and the Seruant is only his Instrument or Minister for that all the Arte hee hath to make that picture is deriued from the commaundement and directions of the Painter and depending on him and yet a King who hath no skill to paint and commaundeth the Painter to make a picture is no true and proper efficient cause of making that picture but onely a cause per accidens by morally applying the Painter that hath skill to vse the same So likewise a Prince who commandeth his Officers to condemne and put to death an egregious malefactour is the principall cause of his death and the Officers are onely his Instruments Ministers and Executioners for that all the authoritie which they haue to condemne and kill that malefactour is deriued from the Prince and depending on him because onely the Prince doth authorize or giue them authoritie to pronounce and execute that sentence And yet the Pope commaunding a Prince to vse his temporall sword power or authoritie when the necessitie of the Church shall require the same as to make warre inuade any Countrey or to put any egregious malefactor to death is onely a cause per accidens of that warre c. by applying morally to wit by his commandement the person who hath authoritie to make warre c. to the making thereof But the Pope is no true and proper cause of that warre c. neither can hee bee said to make that warre as hauing authoritie to make it or as authorizing or giuing authority leaue or licence whereof onely this branch maketh mention to the Prince to make that warre c. Neyther is the Prince in making that warre c. the Popes Instrument Minister or Executioner as the Author of the Prelate and the the Prince absurdly affirmeth for that he hath not his authoritie to make warre c. deriued from the Popes commandement or depending on it whereas according to the doctrine of all Philosophers it is necessary to an Instrument that it haue all it vertue to worke deriued from the principall Agent or depending on it but all the authoritie which temporal Princes or Common-wealths haue in temporall affaires is deriued from the law of Nations or Nature and not from the Popes authoritie or commandement 9. By which it is apparant how grosly the said Author of the Prelate and the Prince in excepting against this Branch was mistaken for not considering the difference betweene a Commander who hath onely authoritie to command but not to execute or doe that which hee commandeth to be done and a Commander who hath authoritie both to commaund and also to execute or doe that which he commandeth to be done although perchance he cannot effect it for want of strength or effectuall meanes but not for want of authoritie as euerie lawfull Prince hath sufficient authoritie to subdue his Rebels and yet hee cannot alwaies effect it not for want of authority but for want of strength force or effectuall meanes because his Rebels are more strong and potent then he is CHAP. III. The Third Branch of the Oath and an Explication thereof ALso I doe sweare from my heart that notwithstanding any Declaration or sentence of Excommunication or Depriuation made or granted or to be made or granted by the Pope or his Successours or by any Authoritie deriued or pretended to be deriued from him or his Sea against the said King his Heires or Successours or any absolution of the said subjects from their obedience I will beare faith and true allegiance to his Maiestie his Heires and Successours and him and them will defend to the vttermost of my power against all cōspiracies attempts whatsoeuer which shall be made against his or their Persons their Crowne and dignitie by reason or colour of any such sentence or declaration or otherwise and will doe my best endeuour to disclose and make knowne vnto his Maiestie his Heires Successors all Treasons Traiterous Conspiracies which I shall know or heare of to be against him or any of them 1. This Branch of the Oath is somewhat clearer then the former because it doth not expressely and in plaine tearmes deny the Popes Authoritie to depriue or depose Princes but it onely containeth in expresse words a promise which the Subiect confirmeth by Oath that if in case the Pope hath denounced or hereafter should denounce any sentence of Excommunication or Depriuation against the King his Heires
or Successours or any absolution of the said Subiects from their obedience yet he wil beare faith and true allegiance to his Maiestie his Heires and Successours and him and them will defend c. Neuerthelesse the lawfulnesse or iustice of this promissorie Oath supposeth for the principall ground thereof the veritie of the former assertorie Clause and therefore it implieth and vertually containeth a deniall of the Popes authoritie to depriue or depose Princes and to absolue Subiects froÌ„ their temporall allegiance for that whosoeuer doth sweare that notwithstanding any sentence of depriuation or absolution of subiects from their obedience made or hereafter to be made by the Pope or his Successours against his Maiestie his Heires or Successours to make this promise iust and lawfull he must consequently deny that the Pope hath Authoritie to depriue Princes or to absolue Subiects from their obedience as Suarez examining this Branch of the Oath doth most clearely demonstrate Suarez in Defens lib. 6. cap. 3. See Widdring against Fitzherbert part 1. cap. 5. For if the sentence of depriuation to be made at any time hereafter against the King his Heires or Successours for any manifest cause or crime whatsoeuer may be iust lawfull and effectuall it is as vnlawfull to take this clause as it is vnlawfull for one to sweare that he will not obey the Popes sentence and commandement which hereafter he shall impose be it neuer so inst and without all errour or default But if this sentence of depriuation at any time hereafter to be made can neuer be iust it must needs follow that the Pope hath no more authoritie to depriue or depose the King his Heires or Successours then he hath authoritie to commit open iniustice 2. Wherefore those thirteene Reuerend Priests who solemnly protested to Queene Elizabeth that notwithstanding any authoritie which words are farre more generall then notwithstanding any sentence of depriuation or any Excommunication either denounced or to be denounced against her Maiestie c. they would yeeld to her Maiestie all obedience in temporall causes would then haue made no difficultie to take this Branch of the Oath and consequently to free themselues from periurie they must also deny the Popes Authoritie to depriue and depose Princes for that the iustice of this Branch implieth supposeth as a chiefe ground thereof a deniall of the Popes authoritie to depriue and depose as Suarez doth most plainely conuince 3. First therefore in this Clause is not denied the Popes power to Excommunicate but onely that Excommunication being a spirituall censure doth not worke this temporall effect as to make Kings no Kings or to depriue them of their Royall right and Soueraigntie and consequently not to absolue Subiects from their naturall allegiance which according to the doctrine of Card. Bellarmine and Suarez they doe by the law of God and Nature owe to their lawfull Prince Bell. in Tract contra Barclaium cap. 21. pag. 202. Suarez in Defens c. lib. 6. cap. 3. nu 6. And thus much his Maiestie hath also in expresse words declared The truth is saith his Maiestie The Kings Maiestie in his Premonition c. pag. 9. that the Lower house of Parliament at the first framing of this Oath made it to containe that the Pope had no power to Excommunicate mee which I forced them to reforme onely making it to conclude that no Excommunication of the Popes can warrant my Subiects to practise against my Person or State denying the deposition of Kings to be in the Popes lawfull power as indeede I take any such temporall violence to be farre without the limits of such a spirituall censure as Excommunication is And also that depriuation or deposition from temporall kingdomes is not an effect of ExcommunicatioÌ„ Widdrington hath shewed at large heretofore and Becanus and Suarez doe also in expresse words affirme the same Widdrington in his Apologie nu 346. in his Answer to Suarez part 2. sect 4. and in his Answer to Fitzher part 3. cap. 1. FroÌ„ hence it is very apparaÌ„t saith Becanus Becanus in quest de fide haereticis seruanda ca. 8. nu 16. and in his Controuersia Anglic. cap. 3. qu. 2. that Heretikes by this precisely that they are excommunicated are not depriued of their Dominion or Iurisdiction either ouer their subiects or ouer their temporall goods but this depriuation is a destinct punishment and inflicted by a destinct law And againe It is one thing saith he to excommunicate a King and another thing to depose him or depriue him of his Kingdome neither is the one necessarily connected with the other Many Kings and Emperours haue beene excommunicated and yet not therefore deposed and contrariwise many deposed and yet not therefore excommunicated See also Suarez cited by Widdrington in his Apologie Suarez tom 5. disp 15. sect 6. nu 3. and in his answere to Suarez and Fitzherbert 4. And therefore in very truth I am sorie and doe in some sort pittie the Author of the Prelate and the Prince a man whom heretofoâ—e I haue much loued respected and honoured that he should so grosly forget himselfe as to bewray so palpably such great want of learning iudgement and sinceritie in affirming so boldly and without any proofe at all Pag. 298. that depriuation of Regall authoritie is an effect of excommunicating Kings and Princes and so in denying the effect the cause is denyed For as saith he if you should say A man is not risibilis that is hath not power to laugh you should deny him to be a man so in denying that the Pope can depriue Princes of their Kingdomes you deny in effect that he can excommunicate Whereas this Authour knew right well that Widdrington in that very Chapter which hee citeth did by the expresse doctrine of Suarez and Becanus but now related cleerely prooue against Lessius who vrged euen as nakedly and without any proofe at all the same obiection that depriuation is no effect at all of Excommunication much lesse proprium quarto modo as risibilis a power to laugh is to a man as this Authour most vnlearnedly affirmeth And yet forsooth he taketh vpon him as it may appeare by the very Title and Inscription of his Treatise to giue a full Instruction and appeasement to the consciences of English Catholikes concerning the Oath of Allegiance But this shall suffice at this present for an imperfect portraying of this Authours want of iudgement and sinceritie in his Explication of the Oath of Allegiance especially if wee consider his person the Office hee now beareth and the doctrine which in former times hee held for that as I am told his perfect Picture both in this and other points is alreadie drawne and will be set forth in liuely colours ere it be long 5. Secondly it is euident by the former Obseruations that those wordes Heires and Successours doe not signifie Vsurpers as some would wrest them contrarie to the meaning of the Law the
God and Nature due to him from his Subiects so long as he remayneth their Prince and therfore he cannot absolue discharge or release them from the Obligation of this Oath or any part thereof or which is all one he cannot giue them leaue not to beare faith and true allegiance to his Maiestie and consequently not to defend him to the vttermost of their power against all Treasons and trayterous conspiracies which shall be made against his Royall person Crowne and dignitie and not to doe their best endeauor to disclose and make them knowne vnto his Maiestie seeing that to performe all these things Subiects are bound by the law of God and Nature wherein no temporall or spirituall authoritie can dispence And therefore the Authour of the Protestants Apologie for the Roman Church trac 3. Sec. 5. doth very well affirme that all Catholikes are by all Lawes Diuine and Humane indissolubly obliged in the highest degree of all earthly Allegiance to his Maiestie that now is as to their true vndoubted lawfull Soueraigne liege Lord and King CHAP. VI. The Sixt Branch of the Oath and an Explication of the same WHich Oath I acknowledge by good and full authoritie to bee lawfully ministred vnto mee and doe renounce all pardons and dispensations to the contrarie 1. This Branch contayneth in it no difficultie at all if wee consider what hath beene said before to wit that in this Oath is onely demanded a sincere profession of true temporall allegiance and that no authoritie or obedience which is due to the Pope is denied therein And that to treat of the Popes authoritie not affirmatiuely what power he hath but affirmatiuely what authoritie in temporalls the Kings Maiestie hath ouer his Kingdome and Subiects and consequently what authoritie in temporalls the Pope hath not ouer the said kingdome and subiects and also that to exact of Subiects an Oath not onely of their temporall allegiance in generall but also of such allegiance in particular which his Maiestie and the State shall for prudent reasons motiues thinke to be necessarie for the preseruation of the Kingdome from future Treasons Inuasions or Perturbations so that it bee contayned within the bounds of true temporall allegiance doth no way exceede the limits of temporall authoritie 2. First therefore by those words good and full authoritie is not vnderstood any authoritie of the Kings Maiestie in Ecclesiasticall causes but onely in temporall matters as is the ministring of an Oath of true temporall allegiance For although his Maiesty be perswaded that hee hath full and supreme authoritie not onely in temporall but also in Ecclesiastical affaires for externall gouernement and that the Pope hath not ouer him or his Subiects within this Realme any authoritie or iurisdiction nor power to excommunicate his Maiestie yet his meaning is not to meddle at all in this Oath eyther with his owne or with the Popes Ecclesiasticall Supremacie but onely with his owne temporall Soueraigntie and consequently with the Popes authoritie not to depose him or to dispose of his Kingdome or to authorize any forraigne Prince to inuade or annoy him or to absolue his Subiects from their obedience c. And therefore as I obserued before in the third obseruation wee must distinguish betwixt his Maiesties vnderstanding or perswasion and his meaning or intention for his meaning was not to exact in this Oath of His Subiects all which hee is perswaded he might lawfully exact of them but only to demand of them in this Oath a profession of that temporall Allegiance which all Subiects are bound by the Law of God to giue to their lawfull Soueraigne as it is manifest by the declaration both of His Maiestie and also of the Parliament and therefore Hee was carefull not to meddle with the Popes authority to excommunicate Him 3. Secondly it is certaine that albeit Christian Princes haue not authoritie to define and determine what position is hereticall or to punish Heretikes with spirituall punishments for these are meere spirituall things yet they haue authoritie to command their subiects to abiure such positions as are alreadie defined or knowne to bee manifestly false and repugnant to the holy Scriptures for such and to punish with temporall punishments the obstinate maintayners of the same especially as the mayntayning of such positions is hurtfull to the publike temporall peace whereof the King hath charge and who therefore may also by the materiall Sword repell the wrongs and iniuries offered to the temporall Kingdome or Common-wealth by Clergie-men and also the abuses of the spirituall Sword when they tend to the hurt of the ciuill Common-wealth as Franciscus Victoria Ioannes Parisiensis and Couerruuias doe well obserue Victoria Relect. 1. de potest Eccles sec 7. §. octaua propositio Parisiensis de potest Reg. Pap. cap. 11. ad 37. Couerruu cap. 35. Practic question Wherefore a King saith Dominicus Bannes Bannes 2. 2. q. 11. ar q. 1. doth punish Heretikes as most seditious Enemies to the peace of His Kingdome which cannot be preserued without vnitie of Religion And Marriage saith Dominicus Sotus Sotus in 4. dist 29. q. 1. ar 4. being a Sacrament in such sort that it is also a ciuill contract it nothing letteth but that as in the former respect it belongeth to the Ecclesiasticall Court so in regard of the later it is subiect also in some sort to the Ciuill Not that Princes can alter those things which are of the substance of Matrimonie but that they may punish them who contract they shall offend against the publike peace for against those crimes whose iudgement doth belong to the Ecclesiasticall Court they may also ordayne punishments as they disturbe the peace of the Common-wealth Which doctrine of Sotus may in the very like manner bee applyed to Heresie which being a spirirituall offence in such sort that also it disturbeth the temporall peace of the Common-wealth it nothing letteth but that as in the former respect it belongeth to the Ecclesiasticall Court so in regard of the later it is subiect also in some sort to the Ciuill not that Princes can determine and define what is Heresie but that they may punish Heretikes when by defending hereticall positions they shall offend against the publike good For against those crimes whose iudgement doth belong to the Ecclesiasticall Court they may also ordayne punishments as they disturbe the peace of the Common-wealth And therefore Christian Princes haue good and full power to compell their Subiects to abiure impious damnable and hereticall positions for such when it is necessarie to the preseruation of the publike temporall peace and to discouer how their Subiects stand affectted in point of their Loyaltie and due Obedience 4. Thirdly it is euident that Clergie-men being truely subiect to temporall Princes in regard of their naturall birth and of their liuing in Ciuill Societie with others and consequently bound according to the common doctrine of Diuines to obserue their iust Lawes not only virationis
A NEW-YEARES GIFT FOR ENGLISH CATHOLIKES OR A Briefe and cleare Explication of the New Oath of Allegiance By E. I. Student in Diuinitie For a more full Instruction and appeasement of the consciences of English Catholikes concerning the said OATH then hath beene giuen them by I. E. Student in Diuinitie who compiled the Treatise of the PRELATE and the PRINCE 1. PET. 2. Feare God Honour the King I H S. MATTH 22. Render to Caesar the things that are Caesars and the things that are Gods to God With licence of Superiours 1620. A BRIEFE SVMMARIE of what is contained in this TREATISE 1. FIrst An Admonition to English Catholiks to examin their cōsciences exactly concerning this New Oath of Allegiance for that by refusing the same if it bee lawfull and ministred by good and full authoritie as this Treatise conuinceth it to bee they hazard not only their temporall estates but also their eternall saluation by disobeying and resisting lawfull authoritie and the ordinance of Almightie God 2. Secondly are set downe a Copie of the new Oath of Allegiance The 13. Priests Protestation Mr. Iohn Colletons Petition wherein hee confirmeth his former Protestation and the Acknowledgement of Mr. Thomas Greene a Religious Priest of the order of Saint Benedict and Professour of Diuinitie concerning his opinion of the said Oath of Allegiance with certaine notes and Obseruations added by the Authour to the said Protestation Acknowledgement 3. Thirdly Certaine generall Obseruations are set downe to know first the nature and conditions of euery lawfull Oath Secondly what rules are to be obserued for the vnderstanding and interpreting of the true sense and meaning of any ambiguous word or sentence contained in any Law and consequently in this Oath of Allegiance established by a Parliamentall Law Thirdly what was the intent and meaning of his Maiestie and the Parliament in framing and proposing this new and vnwonted Oath of Allegiance deuised vpon occasion of that vnwonted Barbarous and Deuillish Conspiracie of the Powder-Traytours to wit not to make a distinction betwixt Protestants Catholikes but between Catholikes Catholikes in point of their loyaltie and ciuill obedience especially concerning the Popes authority to practise the deposition of Princes which was the ground of that dānable Powder-Treason Fourthly to know vpon what assured grounds the Popes authoritie to depose Princes or to practise their deposition may not only be barely denyed but also abiured as damnable impious and hereticall to wit for that it is a controuersie among learned Catholikes whether the Pope hath authoritie to depriue Princes or no and consequently that it is open iniustice in the Pope and manifest Treason in the Subiect to attempt the dispossessing of any Soueraigne Prince by vertue of this pretended authoritie and clayme so long as this Controuersie remayneth a foot and is not decided by a lawfull Iudge and who without all doubt and Controuersie is known so to bee Fiftly page 64. it is shewed that the Pope is no lawfull Iudge to end and decide this Controuersie concerning his own pretēded authoritie to depriue Soueraigne Princes for that it is a Controuersie among Learned Catholikes and approued by very many famous Prelates Cardinals and Doctours cited by the Authour that the Pope without the consent and approbation of a lawfull and vndoubted generall Councell hath not authoritie to decide determine or define any doctrinal question at all and much lesse in his owne particular cause as is this Controuersie betwixt Him and Christian Princes and that therefore although hee should take vpon him to decide this question yet the Controuersie would still remayne a foote and bee vndecided as it was before 4. Fourthly In the first eight Chapters it is cleerly shewed that there is not any one Clause of the Oath which wanteth either Veritie Iustice or Iudgement and that therefore English Catholikes not only may lawfully but also are bound in conscience to take it when they are vrged thereunto by the Magistrate whom the Prince and State hath appointed to tender the same otherwise they resist lawfull authoritie and the Ordinance of God which whosoeuer resist purchase to themselues damnation Rom. 13. 5. Fiftly In the ninth and last Chapter are cleerly answered the Popes declaratiue Breues forbidding English Catholikes to take the Oath for that it contayneth many things which are manifestly repugnant to faith and saluation which Breues therefore doe not make but only suppose the Oath to bee vnlawfull as contayning in it some manifest falshood or iniustice and therefore abstracting from the Popes Breues some particular clause of the Oath must be proued to be vnlawfull which this Treatise doth euidently conuince to bee vntrue And first in this Chapter it is shewed that it is no disobedience or irreuerence not to obey such declaratiue Breues seeing that they are grounded vpon one of these two or rather vpon both false suppositions to wit that either the doctrine for the Popes power to depriue Princes is certaine of Faith and out of all Controuersie and the contrarie not approued by learned Catholikes which supposition is manifestly false or else that the Popes power to excommunicate to bind and loose and to absolue from Oaths in general and consequently his Spirituall authoritie is denyed in the Oath which also is no lesse vntrue and that therefore English Catholikes not only may lawfully and without any disobedience or irreuerence but also are bound in conscience not to obey them considering that they are so preiudiciall to themselues so scandalous to the Catholike Roman Religion which they professe and so iniurious to their Soueraign Prince who being in reall possession of his Kingdome cannot vpon any controuersed Title or Power with out open iniustice bee dispossessed thereof Secondly it is shewed that albeit diuers Popes haue since the time of Pope Gregorie the VII challenged to themselues authoritie to depriue Soueraigne Princes yet they cannot bee truly said to haue beene for any little time in possession of this their pretended authoritie right and clayme for that they haue euer beene resisted and contradicted by Christian Princes and Subiects in this their pretended right and clayme wheras to possesse authoritie right or clayme to any thing it is necessary according to the approued doctrine of Molina and Lessius both Iesuites and of all Diuines and Lawyers that it bee without resistance and contradiction of the aduerse part but one may truly and really possesse corporall things as Lands Houses Kingdomes although hee that pretendeth to haue right to the same yea and perchance hath true right thereunto contradict and resist neuer so much Thirdly it is shewed that howsoeuer any man may vnder pretence of following a probable opinion thinke himselfe excused in conscience and in the sight of God wherewith Princes in their Tribunals doe not meddle but leaue mens consciences to the iudgement of God the only searcher of all mens hearts by concurring with the Pope to the deposing and dispossessing of his Soueraigne Prince yet
Successours and him and them will defend to the vttermost of my power against all Conspiracies and Attempts whatsoeuer which shall be made against His or their Persons their Crown and Dignitie by reason or colour of any such Sentence or Declaration or otherwise and will doe my best endeuour to disclose and make knowne vnto his Maiestie his Heires and Successours all Treasons and Trayterous Conspiracies which I shall know or heare of to bee against him or any of them 4. And I doe further sweare That I doe from my heart abhorre detest and abiure as impious and hereticall this damnable doctrine and position That Princes which bee excommunicated or depriued by the Pope may be deposed or murthered by their Subiects or any other whatsoeuer 5. And I doe beleeue and in conscience am resolued that neither the Pope nor any person whatsoeuer hath power to absolue mee of this Oath or any part thereof 6. Which I acknowledge by good and full authoritie to bee lawfully ministred vnto me and doe renounce all Pardons and Dispensations to the contrarie 7. And all these things I doe plainly and sincerely acknowledge and sweare according to these expresse words by mee spoken and according to the plaine and common sense and vnderstanding of the same words without any Equiuocation or mentall euasion or secret reseruation whatsoeuer 8. And I doe make this recognition and acknowledgement heartily willingly and truly vpon the true Faith of a Christian So helpe me God A Copie of the Protestation which thirteene Reuerend Priests made of their Allegiance to Queene Elizabeth by a publike Instrument the last day of Ianuary 1602. in the last yeere of her Maiesties Reigne WHereas it hath pleased our Dread Soueraigne Ladie to take some notice of the Faith and Loyaltie of vs Her naturall borne Subiects Secular Priests as it appeareth in the late Proclamation and of her Princelike clemencie hath giuen a sufficient earnest of some mercifull fauour towards vs being all subiect by the Lawes of the Realme to death by our returne into the Countrie after our taking the Order of Priesthood since the first yeere of Her Maiesties Reigne and only demandeth of vs a true profession of our Allegiance therby to bee assured of our fidelitie to Her Maiesties Person Crowne Estate and Dignitie Wee whose names are vnderwritten in most humble wise prostrate at Her Maiesties feet doe acknowledge our selues infinitely bound vnto Her Maiestie therefore and are most willing to giue such assurance and satisfaction in this point as any Catholike Priests can or ought to giue vnto their Soueraignes First therefore wee acknowledge and confesse the Queenes Maiestie to haue as full Authority Power and Soueraigntie ouer vs and ouer all the Subiects of the Realme as any Her Highnesse Predecessours euer had And further we protest that we are most willing and readie to obey Her in all Cases and Respects as farre forth as cuer Christian Priests within this Realme or in any other Christian Countrie were bound by the Law of God and Christian Religion to obey their Temporall Princes as to pay Tribute and all other Regall Duties vnto Her Highnesse and to obey Her Lawes and Magistrates in all Ciuill Causes to pray vnto God for Her prosperous and peaceable Reigne in this life according to his blessed will and that shee may hereafter attaine euerlasting blisse in the Life to come And this our acknowledgement wee thinke to bee so grounded vpon the Word of GOD as that no Authoritie no Cause or pretence of Cause can or ought vpon any occasion be a sufficient Warrant more vnto vs then to any Protestant to disobey Her Maiestie in any Ciuill or Temporall matter Secondly whereas for these many yeeres past diuers Conspiracies against her Maiesties Person and Estate and sundrie forcible attempts for inuading and conquering her Dominions haue bin made vnder we knew not what pretences and intendments of restoring Catholike Religion by the sword a course most strange in the World and vndertaken peculiarly and solely against Her Maiestie and Her Kingdomes among other Princes departed from the Religion and Obedience of the See Apostolike no lesse then she by reason of which violent Enterprizes her Maiestie otherwise of singular clemencie toward Her Subiects hath beene greatly mooued to ordayne and execute seuerer Lawes against Catholikes which by reason of their vnion with the See Apostolike in Faith and Religion were easily suppâ—sed to fauour these Conspiracies and Inuasions then perhaps had euer bin enacted or thought vpon if such Hostilitie and Warres had neuer beene vndertaken We to assure Her Maiestie of our faithfull Loyaltie also in this particular cause doe sincerely protest and by this our publike fact make knowne to all the Christian World That in these cases of Conspiracies of practizing Her Maiesties death of Inuasions and of whatsoeuer forcible Attempts which hereafter may be made by any forraigne Prelate Prince or Potentate whosoeuer either ioyntly or seuerally for the disturbance or subuersion of Her Maiesties Person Estate Realmes or Dominions vnder colour shew pretence or intendment of restoring the Catholike Romane Religion in England or Ireland We will defend Her Maiesties Person Estate Realmes and Dominions from all such forcible and violent assâ—ults and iniuries And moreouer Wee will not only our selues detect and reueale any Conspiracies or Plots which we shall vnderstand to bee vndertaken by any Prelate Prince or Potentate against Her Maiesties Person or Dominions for any cause whatsoeuer as is before expressed and likewise to the vttermost of our power resist them but also will earnely perswade as much as in vs lyeth all Catholikes to doe the same Thirdly if vpon any Excommunication denounced or to bee denounced against Her Maiestie or vpon any such Conspiracies Inuasions or forcible Attempts to be made as are before expressed the Pope should also excommunicate euery one borne within Her Maiesties Dominions that would forsake the aforesaid defence of Her Maiestie and Her Realmes and take part with such Conspirators or Inuaders in these and all other like Cases wee in these and all such like Cases doe thinke our selues and all the Lay-Catholikes borne within Her Maiesties Dominions not bound in conscience to obey this or any such like Censure but will defend our Prince and Countrie accounting it our duties so to doe and that notwithstanding any Authoritie or any Excommunication whatsoeuer either denounced or to bee denounced as is aforesaid to yeild vnto Her Maiestie all obedience in Temporall Causes And because nothing is more certaine then that whilst we endeuor to assure Her Maiestie of our dutifull Affection and Allegiance by this our Christian and sincere Protestation there will not want who will condemne and misconstrue our lawfull Fact yea and by many finister suggestions and calumnies discredit our doings with the Christian World but chiefly with the Popes Holinesse to the greatest preiudice and harme of our good names and persons that may be vnlesse maturely wee preuent their endeuours herein
affected in point of their loyaltie and due obedience For as Vasquez obserueth very well out of Aristotle Vasquez 1. 2. Disp 51. cap. 3. disp 73. cap. 7. disp 86. cap. 5. with whom all Diuines and Philosophers do herein agree to make an act of vertue to bee morally good and vertuous it is not only required that it haue a good and vertuous obiect but also it must bee done directly for the goodnesse and honestie of the vertue it selfe and not for any other end or motiue For otherwise if one doe acts of vertue as of iustice or temperance not for iustice or temperance sake but for some other end as for lucre vaine glorie feare of punishment or any other motiue whatsoeuer he sholl doe saith Aristotle Aristot 2. Ethic cap. 4. iust or temperate actions but hee shall not doe them iustly or temperately neither shall hee for doing those actions be accounted a iust or temperate man Seeing therefore that euery iust and vertuous man ought to obserue iust Lawes not for feare of punishment as the wicked do but heartily willingly and truely that is sincerely and vnfainedly for the loue of vertue it is euident that euery good and well affected subiect may and ought to take this Oath of Allegiance supposing it to be lawfull and ministred by good and full authoritie not for feare of punishment as likewise we ought to obserue God his commandements not for feare of eternall damnation but heartily willingly and vnfainedly for the loue of vertue and obedience Wherefore it is manifest that euery good and vertuous Subiect ought to haue a farre greater willingnesse in obseruing iust Lawes although they be imposed vnder paine of death then hath a Merchant being in danger of drowning to cast ouer board his goods for sauing his life for that a Merchant in that case is only willing to lose his goods for that otherwise hee cannot escape the danger of his life but euery vertuous man ought to obserue iust Lawes heartily willingly and vnfainedly for vertue and obedience sake although hee were in no danger of being punished for not obseruing the same 2. And thus thou seest good Reader that this new Oath of Allegiance doth not want either Veritie Iustice or Iudgement as well in regard of the takers as of the makers propounders of the same That the State supposing that horrible Powder Treason which was grounded vpon colour and pretence of the Popes authoritie to take away the Crownes and liues of Princes in order to spirituall good had iust cause to deuise a new Oath of Allegiance wherein mention should bee made of the aforesaid authoritie to make a true difference betwixt ciuilly obedient Subiects and the peruerse disciples of those Powder Traitors it is euident by that which hath beene said before in the fourth obseruation and that therfore the State in deuising and propounding such an Oath did not want Iudgement Also that the Subiect hath iust cause to take the Oath supposing it to bee lawfull and ministred by good and full authoritie and that consequently in taking it after he hath examined and seene the lawfulnesse thereof doth not want Iudgement it is as euident as that there is no want of Iudgement to obserue the iust commandement of his Lawfull Superiour when after due examination he findeth the commandement to bee iust And finally that no assertorie Clause of the Oath wanteth Veritie nor any Promissorie Clause wanteth Iustice or which is all one that no falshood or iniustice is to bee found in any part or parcell of the Oath it is manifest by the former Explication of euery Branch in particular CHAP. IX An Answere to the Popes Breues 1. THere remaineth only one difficultie to be explained concerning the Popes Breues which forbid English Catholikes to take this new Oath for that it containeth many things which are plainely against faith and saluation And although Widdrington both in his Theologicall Disputation and also more fully in his Answere to Fitz-herberts Reply hath cleared this difficultie Wriddrington in his Disput. Theolog. cap. 10. sec 2. and in his Answere to Fitzherb part 3. cap. 7. yet I thinke it not amisse briefly to set downe some generall heads of his answere to the said Breues whereby any iudicious man may haue sufficient grounds to iudge not only how farre the Popes aforesaid Breues but also all other of the like kind may without any irreuerence or disobedience to the Sea Apostolike be contradicted or not admitted by good and vertuous Catholikes 2. First therefore Widdrington sheweth out of the approued Doctrine of Suarez and other Diuines that there bee two sorts of Lawes or Precepts the one are called Constitutiue for that they doe not suppose but make the thing which they forbid to be vnlawfull which if that Precept were not would be lawfull as the Precept of the Church to fast from Flesh in Lent to abstaine from seruile works vpon commanded Holy-daies to receiue the Blessed Sacrament at Easter or the like And that no Constitutiue Precept of the Church doth binde when by obseruing it there is danger to incurre some notable corporall or temporall hurt The other are called Declaratiue for that they doe not make but suppose and declare the thing to bee vnlawfull which they forbid as being forbidden by some former Law as the forbidding of Theft Murder Whoredome Vsurie and such like for that they are before forbidden by the Law of God and Nature And that the obligation of Declaratiue Precepts doth only depend vpon the reason and former Law which in the Declaratiue Precept is supposed and declared So that if there bee no such former Law or prohibition as in the Declaratiue Precept is supposed and declared the Declaratiue Precept hath no force to bind 3. Secondly he sheweth that the Popes Breues forbidding English Catholikes to take the Oath doe not containe a Constitutiue but only a Declaratiue Precept neither do they make but suppose and declare the Oath to be vnlawfull for that say the Breues it contayneth in it many things which are manifestly against faith and saluation and that consequently if in the Oath there bee nothing against faith or saluation as the Breues suppose and declare it is manifest that the Breues haue no force at all to bind English Catholickes not to take the Oath for that they are grounded vpon a false reason supposition and declaration 4. Thirdly he sheweth that all declaratiue Breues are eyther definitiue or grounded vpon some former definition of Pope or Councell or else they are onely opinatiue or grounded vpon the Popes opinatiue iudgement perswasion or probable opinion And that if they bee grounded vpon the Popes opinion no man is bound to obey them as neyther to follow his opinion whereon they are grounded but hee may as lawfully contradict them as he may contradict his opinion although the Pope thinke it to bee neuer so probable And that vpon this ground cause and reason it was
Wee most humbly beseech Her Maiestie that in this our recognizing and yeilding Caesars due vnto Her wee may also by Her Gracious leaue be permitted for auoyding Obloquie and Calumnies make knowne by like publike Act that by yeilding Her right vnto Her wee depart from no bond of that Christian Dutie which we owe vnto our Supreme spirituall Pastour And therefore wee acknowledge and confesse the Bishop of Rome to be the Successour of Saint Peter in that See and to haue as ample and no more Authoritie or Iurisdiction ouer vs and other Christians then had that Apostle by the gift and commission of Christ our Sauiour and that Wee will obey him so farre forth as we are bound by the Lawes of God to doe which we doubt not but will stand well with performance of our Duty to our Temporall Prince in such sort as we haue before professed For as we are most ready to spend our bloud in the defence of Her Maiestie and our Country so we will rather lose our liues then infringe the lawfull authoritie of Christs Catholike Church William Bishop Iohn Colleton Iohn Mush Robert Charnocke Iohn Bosseuile Anthonie Hebborne Roger Cadwallader Robert Drury Anthony Champney Iohn Iackson Francis Barneby Oswald Needham Richard Button This Protestation of the thirteene Catholike Priests to which a great number more would haue subscribed if the Articles which those Priestes gaue vp to the State had beene returned them backe but some few dayes before the end of the time prefixed to them by the Proclamation to make known to the State their Allegiance was the ground and foundation from whence the Parliament as the Lord Archbishop of Canterburie D. Bancroft told a friend of mine framed the forme of this new Oath of Allegiance as agreeable to the doctrine which any Catholike subiect according to the grounds of true Catholike Religion might lawfully maintaine to make thereby a true distinction not betweene Protestants and Catholikes but betweene ciuilly obedient Catholikes and in all other things good Subiects and such other Catholikes as in their hearts maintained the like violent bloodie maximes that the Powder-Traitours did See beneath in the third Obseruation And doubtlesse whosoeuer will compare the new Oath and their Protestation together and doe withall consider that Queene Elizabeth was long before that time depriued of all Regall power authoritie dignitie and Iurisdiction by the Bull of Pius Quintus and also obserue vpon what assured grounds and principles those Priests could lawfully acknowledge her Maiesty to haue as full Authority Power and Soueraignty ouer them and all the Subiects of this Realme as any Her Predecessours euer had and also could lawfully promise that they would yeild to Her Maiestie all Obedience in Temporall Causes notwithstanding any authority or any Excommunication whatsoeuer denounced or to be denounced against Her Maiestie or Her Subiects as is aforesaid he will cleerly perceiue that their Protestation is all one in effect and substance with this new Oath of Allegiance and that the only difference betwixt them is that in the Oath the Popes authority to depose the King c. is expresly and in plaine wordes denyed and in their Protestation the deniall thereof is only couertly vertually and by a necessary consequence implyed notwithstanding all the euasions tergiuersations turnings windings sayings and vnsayings which any one of these Priests if for some worldly respect or other motiue hee should now repent him of what he had done could to excuse himselfe from Periurie possibly vse or inuent A Copie of Master Iohn Colletons Petition to the Lord Archbishop of Canterburies Grace wherein hee confirmeth his former Protestation many yeeres after the new Oath of Allegiance was established IF your Grace and the State saw the present affections of my heart and were pleased to looke on my carriages past neyther trouble some or vnrespectiue I hope the fauour I am to desire albeit it may seeme extraordinary yet the same could not altogether be deemed vnworthily extended The voluntarie and free Recognition I made in the late Queenes Reigne as it then sufficed and is now extant in print so doth it still witnesse the readinesse of my professed Allegiance in all Secular and Ciuill affaires Neither haue I bin am now or by Gods grace euer shall be otherwise affected then in like sort to acknowledge his Maiestie that now gouerneth for my lawfull Dread Soueraigne obey in all Politicall administration and defend his sacred Person Crowne and Dominions to the vttermost of my power against all enemies of what place and calling soeuer The commiseration I most humbly beseech your Grace to take of my aged yeeres accompanied with sundrie infirmities is to stand so good Lord vnto me as to enlarge me vpon sufficient securitie for my appearance before your Honour at the time your Lordship shall thinke fit to assigne An euident meane of lengthing my life beside the easing of the heauy charge my imprisonment imposeth I would very gladly haue beene herein my owne Sollicitour in person but that I hold the boldnesse greater in respect of my disgracefull state then I durst to aduenture on without your Lordships good liking thereunto first vnderstood 26. of March 1610. Your Graces most suppliant Petitioner IOHN COLLETON A Copie of the Declaration and Acknowledgement which Master Iames Houghton alias Thomas Green a Religious Priest of the Order of Saint Benedict and professour of Dininitie made vnder his owne hand writing to the Lord Bishop of Durham the first of Nouember 1619. touching his opinion of the Oath of Allegiance Iames Houghton alias Thomas Green his opinion touching the Oath of Allegiance 1 FIrst I do ingenuously confesse that his Maiestie had very iust cause by occasion of that most trecherous plot of the Gunpowder-Treason to propose to all his Subiects English Catholikes 〈◊〉 Oath of ciuill fidelitie and obedience due vnto Kings both by the Lawes of God and Nature and that in most effectuall and peremptory termes for tryall of their fidelity and loyalty to Hâ—… Maiestie their true Soueraigne Lord and King 2. Secondly it seemeth to me that the Church had done her dutie if she had shewed her dislike of that odious practice of the Gun-powder-Treason by some publike declaration in detestation thereof both for his Maiesties satisfaction and for the confirmation of his Catholike Subiects in their fidelity and allegiance vnto Him 3. Thirdly I doe ingenuously confesse that to me it seemeth most true that the doctrine which approueth murthering of Kings by their owne Subiects or any else is both damnable and hereticall yea though it be in casu Apostasiae a fide aut Infidelitatis in case of Apostasie from faith or of Infidelitie 4. Fourthly I do ingenuously grant that it seemeth to mee in my priuate iudgement that there is nothing in the Oath but that it may according to Roger Widdrington his Glosse and Exposition be lawfully taken of English Catholikes His Maiesties Subiects though some both Learned and Religious hold
Iesu Doctoris Theologi Defensio fidei Catholicae Apostolicae aduersus Anglicanae sectae errores contayning in the third Booke Chap. 23. p. 376. 79 80 82. Chap. 29. p. 410. 11 12 13 14 15 16 17 18 19 20. Chap. 6. pag. 834. Chap. 8. pag. 844. and in other places many propositions contrarie to the Soueraigne powers of Kings ordained and established by God the peace and quietnesse of their States and that it is lawfull for their subiects and strangers to attempt against their persons Conclusions of the Kings Attorney generall All which beeing considered The said Court hath declared and doth declare the propositions and maximes contayned in the saide Booke to bee scandalous and seditious tending to the subuersion of States and to induce the subiects of Kings and soueraign Princes and others to attempt against their sacred persons and the discourses making mention of King Glodoueus and Philip the Faire to be false and slanderous Hath ordayned and doth ordayne the said Booke of Suarez to bee burned in the Court of the Palace by the Executioner of high Iustice Hath made and doth make iniunctions and inhibitions to Stationers and Printers not to print sell or vtter it and to all persons of what qualitie or condition soeuer not to haue copie out keepe teach in Schooles nor in other places nor to dispute the said maximes and propositions It doth ordayne that according to the Arrest made the 8. of Iune 1610. that the Decree of the Theologicall Facultie made the 4. of Iune the same yeare of renewing the doctrinall Censure of the said Facultie made in the yeare 1408. confirmed by the Councell of Constance together with this present Arrest or Decree as also those of the yeare 1578 and 95. bee read every yeare the 4. day of Iune as well in the said Facultie as in the Colledge of the Priest and Schollers of the Colledge of Claremont This Colledge of Claremont is the Iesuites Colledge and of the foure Mendicants And that at the instance of the Kings Attorney generall informations be taken of the transgressions against the said Arrests and Inhibitions bee made against the copying out hauing and keeping the like bookes Made in Parliament the 26. day of Iune 1614. Signed VOISIN Moreouer it is decreed that the Fathers Ignace Armand Rectour in this Citie Cotton Fronton and Sirmund shall be sent for the first day of the Court and it shall be shewed them that contrarie to their declaration and the Decree of their Generall made in the yeare 1610. the Booke of Suarez hath beene printed and brought into this Citie against the authoritie of the King the safetie of his Crowne and State And it shall be enioyned them to cause their Generall to renew the said Decree and that it be published and that they bring in the Act within sixe moneths And that they prouide that no bookes contayning such damnable and pernicious propositions bee hereafter made or published by any of their Societie And that it bee inioyned them to perswade the people by their Preachers the Doctrine contrarie to the said propositions Otherwise the Court wil proceed against the transgressours as against Traytors and perturbers of the publique peace The aforesaide Arrest or Decree and what hath beene decreed was pronounced in the presence of the Fathers Ignace Armand Charles de la Tour who came in place of Father Cotton absent Fronton du Duc and Iames Sirmund And the Arrest was executed before the great Staires of the Pallace the 27. of Iune 1614. A Copie of another Arrest or Decree of the Parliament of Paris wherein the former doctrine of practizing the deposition of Soueraigne Princes is condemned and the former Decrees made against the Bookes of Card. Bellarmine and Suarez are againe confirmed An Arrest or Decree of the Court of Parliament touching the Kings Soueraigntie in Temporals and against the pernicious doctrine to attempt vpon the sacred persons of Kings The place ✚ of the Kings Armes of France and Nauarre At Paris By F. Morel P. Mettayer the Kings Ordinarie Printers and Stationers 1615. Taken out of the Records of the Parliament WHereas the Kings Attourney Generall hath complayned to the Court all the Chambers thereof being assembled that albeit by many Arrests or Decrees heretofore made with great and mature deliberation the Court hath confirmed the Maximes which haue at all times beene held in France and are naturally engrafted to the Crowne That the King doth not acknowledge any Superiour in Temporals of his Kingdome but God alone And that no power or authoritie can rightfully release his Subiect from the Oath of Allegiance and Obedience which they owe to Him nor suspend depriue or depose him from his said Kingdome and much lesse to attempt or to cause to attempt either by publike or priuate authoritie against the sacred persons of Kings Neuerthelesse it hath beene aduertized that by Discourses as well in priuate as in publike many persons doe presume to call in question the said Maximes to dispute of them and to hold them for problematike from whence may arise very many inconueniences which of necessitie must be prouided against and that speedily Hee the said Attourney requesteth that seeing the Court is assembled all businesses set aside it will bee pleased to ordaine that the said Decrees shall be renewed and againe published in all the Benches subiect to the Iurisdiction of this Court to the end that the mindes of all the Kings Subiects of what quality or condition so euer may be kept firme and assured concerning the said Maximes and Rules and for the safetie of the Kings life the publike peace and quietnesse With Inhibitions not to transgresse the same vnder the penalties set downe by the said Arrests And that it be enioyned to all their Substitutes to cause the publication thereof to be made and to certifie the Court within a moneth vnder paine to be depriued of their Offices The Court all the Chambers being assembled hath ordayned and doth ordayne that the Arrests of the 2. Decemb 1561. the 29. Decemb. 1594 the 7. of Ianuarie and the 19. of Iuly 1595. the 27. of May the 8. of Iune and the 26. of Nouemb. 1610. and the 26. of Iune 1614. shall bee kept and obserued according to their forme and tenour Forbidding all persons of what qualitie or condition soeuer to transgresse the same And to this end they shall bee published in the Bayliwikes Stewardships and other Benches subiect to this Court by the care of the Substitutes to the Attourney Generall who shall certifie the Court with in a moneth vnder paine to answere it at their perill Made in Parliament the second of Ianuarie 1615. Signed VOISIN The lawfulnesse of all these Arrests or Decrees is manifest partly by that which hath beene said in this Treatise in the Fourth and Fift Obseruation and in the Second Third and Fift Chapters and more particularly by Widdrington in his Discussion of the Decree of the Lateran Councell against Lessius part 2. sect 9. for that Christian Princes by vertue of their temporall power haue good full authoritie according to the doctrine of Ioannes Parisiensis Ioh. Paris de potest Reg. Pap. c. 21. ad 37. Victoria Victoria Relect. 1. de potest Eccles sec 7. §. octaua propositio Sotus Sotus in 4. dist 29. q. 1. ar 4. Bānes Bannes 2. 2. q 11. ar 4. q. 1. in fine Couerrunias Couerr cap. 35. pract quest which is grounded in manifest reason to forbid the maintayning teaching and publishing not only of hereticall erroneous and false propositions but also of all vnnecessarie doctrines and positions be they neuer so probable as the teaching and publishing of the same is dangerous to the Crownes and liues of temporall Princes and tendeth to the subuersion of the State and to the disturbance of the publike peace in the Ciuill Common-wealth whereof the Prince hath charge and to punish with temporall punishments the teachers maintayners and publishers of such dangerous and seditious doctrines Haec omnia Ecclesiae Catholicae indicio subiecta sunto FINIS Page Line Faults corrected 8. 13. would would not 35. 4. at first at the first 71. 16. Authors Authour 87. 27. or vnlawfull or lawfully 133. 20. bound bound 144. 16. bound bound 146. 10. dipose dispose 187. 1. and to be and be 191. 4. Deputies Deputies
considering that it is not only probable but also most certaine that hee is excused in conscience and in the sight of God by defending his Prince against such damnable and trayterous practises which are grounded at the most vpon a probable power title and clayme and also that hee cannot bee excused from formall Treason in the externall Court both Ecclesiasticall and Secular of his Soueraigne Prince who is in actuall possession of his Kingdome cānot without open iniustice be dispossessed vpon any vncertayne and controuersed power clayme or title though it were neuer so probable it is euident that those Subiects might iustly bee accounted worse then mad that would in such damnable and trayterous practises concurre with the Pope to the dispossessing of their Soueraigne Prince vnder pretence of a power or title which euen in speculation and abstracting from practise can be at the most but probable 6. Lastly are set downe First the Oath of France or the first Article of the lower House of Parliament wherein of two hundred Deputies for the third Estates were but six Protestants Secondly two Arrests or Decrees of the Parliament of Paris forbidding vnder paine of Treason Cardinall Bellarmines Booke against Barckley and Suarez Booke against our Kings Maiesties Premonition and thirdly another Decree of the said Parliament ordayning likewise that no person of what qualitie or condition soeuer doe teach the said doctrine of deposing Princes as problematicall or probable All which Decrees are proued to be agreeable to truth and iustice and that Christian Princes by vertue of their temporall power haue good and full authoritie both to forbid the teaching maintayning and publishing of all vnnecessarie doctrines positions be they neuer so probable as the teaching and publishing of the same tendeth to the subuersion of States-and to the disturbance of the publike peace in the Ciuill Common wealth and is dangerous to the Crownes and liues of temporall Princes and also to punish with temporall punishments the teachers maintayners and publishers of the same AN ADMONITION TO ENGLISH Catholikes 1. COnsider with your selues Deare Country-men how greatly this new Oath of Allegiance concerneth you all not only in your temporall states and libertie which in conscience you are bound to regard and not wilfully to cast away and the more if you haue a charge of Wife and Children for whom in nature you are obliged to prouide but chiefly in your soules health which aboue all temporall things in this World you are bound to preferre For what doth it profit a man if hee gaine the whole World and sustaine the damage of his soule Mat. 16. Now if this new Oath bee truely an Oath of temporall Allegiance and ministred by lawfull authoritie as this Treatise doth conuince it to bee doubtlesse you incurre the danger of eternall damnation if you refuse it by disobeying and resisting the iust commandement of lawfull authoritie and the Ordinance of Almightie God from whom all power and authoritie doth proceed For he that resisteth power Rom. 13. or authoritie resisteth the Ordinance of God And they that resist purchase to themselues damnation 2. First therefore it behooueth you that are Lay-men to examine diligently this matter and not to be led hoodwinkd into the pit both of spirituall and temporall miserie especially by blinde and ignorant guides who neither vnderstand nor are desirous to know the true grounds of this important Controuersie and therefore can hardly bee drawne for the informing of your consciences to descend with you in particular to the examination of the lawfulnes or vnlawfulnesse of euery Branch of this Oath which many of them I speak with griefe and not without Booke haue not so much as euer read but to cloake their ignorance vnder colour of Zeale and Deuotion without any further examining they only cry out to you in general termes The Church the Pope the Rocke is that which good Catholikes ought to cleaue vnto not knowing themselues what authoritie is spirituall and due to the Pope or Church and what authoritie is temporall and due to temporall Princes and that the Pope is not the Church but only the chiefe member thereof and that the Popes opinion and consequently his Declaratiue Breues when they are grounded either vpon false suppositions or else only vpon his opinion are not the Rocke whereon Catholikes ought to build their eternall saluation and lastly not considering that many times when Popes and Princes haue beene and shall bee in opposition the Popes both haue bin may lawfully bee and also ought to bee resisted As the resistance which Philip the Faire made to Pope Boniface the VIII who depriued the said King gaue his Kingdome to a Genebrard lib. 4. ad annum 1294. Albertus the Emperour and declared that he accounted them for Heretikes who did not beleeue that the said King was subiect to him in Spiritualls and Temporalls b Vignerius ad annum and the resistance which Lewis the XII made to Pope Iulius the II. by whom he was depriued and his Kingdome c Genebrard lib. 4. ad annum 1503. Guicciardin lib. 11. hist Richeome in Apoleget cap. 24 25. See Brerely in the Preface of his Protestants Apologie c. Sec. 20. 21. seq giuen in pray to any that could take it is well commended by Lewis Richeome Prouinciall of the Iesuites and proposed for an example to be imitated yea and he sheweth that whensoeuer any Bishop of Rome should offend the King of France as those Kings were offended by those Bishops the Iesuites in such an occasion would doe that which good Clergie-men and good French-men together with the said King Philip and Lewis did in those times who defended their rights against those Popes Boniface and Iulius without any irreuerence to the Sea Apostolike And therefore I beseech you Deare Countrey-men to take heed vpon what guides you relye for the directing of your soules in these important affaires and remember that Admonition of our Sauiour Mat. 15. Blinde they are and guides of the blinde And if the blinde be guide to the blinde both fall into the ditch 3. Secondly you that are Priests and haue taken vpon you to guide others in the way to saluation and ought to be alwayes readie to satisfie euery one that asketh you a reason of that faith which is in you 1. Pet. 3 if you thinke in your consciences the Oath to bee lawfull and ministred by good and full authoritie you ought to take great heede that your soules bee not defiled nor your consciences stayned with some worldly respect and that neither hope of gaine or preferment nor feare of want or disgrace keepe you backe from giuing warning to those whom you are boūd to guide direct and instruct to beware of the danger which they are like to fall into by resisting the Ordinance of God if they refuse the Oath when it is tendred them by lawfull authoritie lest that you foreseeing their danger and not
crying out to them to take heede be not only partakers of their spirituall harme but doe also cooperate to their temporall ruine and so haue cause to rue your silence and to cry out your selues when it is too late Vae mihi quia tacui Woe is mee because I haue held my peace Isa 6. But if perchance any of you who in your consciences thinke the Oath to be lawfull should for some worldly respect which God forbid cry out against the takers or approouers thereof this were not only to sin most damnably against your owne consciences but also in some sort against the Holy Ghost and to impugne that which in your soules and consciences you thinke and acknowledge to bee true which how hardly it is forgiuen either in this World or the next Mat. 12. our Sauiour himselfe doth expresly witnesse 4. Lastly those Priests that in their consciences thinke the Oath to be vnlawfull and thereupon do not only giue warning to those whom they haue taken vpon them to guide and direct to take heede and beware of the spirituall danger which they thinke will arise by taking the same but also in their zeale do cry out against their Catholike Brethren who either doe take the Oath or thinke it to be lawfull as Apostates from the Catholike Faith and Religion and disobedient children to the Pope and Church giuing the like occasion to others to cry out against them as Apostates from their naturall Allegiance and disobedient disloyall Subiects to their temporall Prince it behoueth them most of all to looke to themselues and according to the admonition which Card. Bellarmine vpon occasion of relating the fearefull death of Pope Innocentius the III. giueth to Prelates and Pastours Bellar. de geâ—…itu columbae lib. 2. cap. 9. to examine all the secrets of their consciences most exactly lest perchance it bee erroneous albeit to them it seeme to be sound iust and that their zeale albeit to them selues seeme pure and according to knowledge bee not blind and grounded vpon wilfull or culpable ignorance like that which the Iewes had in crucifying our Sauiour and Saint Paul when he was Saul in persecuting his Disciples who thought thereby to doe God great seruice 5. And truly if their Zeale were hurtfull to none but to themselues they would doubtlesse be the more excusable but considering how preiudiciall it is both to his Maiesties honour and also to his temporall Soueraigntie how scandalous it is to Catholicke Religion and how iniurious it is to their Catholike brethren not inferiour to themselues in vertue and learning whom they seeke to disgrace and to make odious to all Catholickes epecially to their benefactors and friends and so by taking from them their good names and maintenance to bring them into extreame want and miserie and as much as in them lyeth into manifest desperation for which they are one day to render a most strict account they haue great cause to examine their consciences narrowly and carefully to consider vpon what assured grounds they can excuse themselues at the dreadfull day of Iudgement for taking such scandalous iniurious and vncharitable courses both against their Soueraigne Prince whom next vnder God they are bound to honour and obey in temporals and also against their Catholicke brethren who not onely are as learned and religious as themselues but also haue examined this important controuersie and all the danger both spirituall and temporall that dependeth thereon as diligently if not farre more then they themselues haue done 6. To the end therefore that all of you my deare Countrimen may examine your consciences in this poynt of the Oath more easily and eactly and be more fully instructed therein then you haue beene by I. E. the Authour of the Prelate and the Prince who if the common rumour bee true will heare shortly with shame enough what goodly Instructions he hath giuen you I haue out of Roger Widdringtons expresse doctrine and grounds collected this little Treatise which for that it was finished this first day of the yeare I am bould to present it to your Charities for a New-yeares-gift as a small token of the great desire I haue both of your spirituall and temporall welfare And my onely request is that you will bee pleased to read it as I hope you will it beeing neither so prolixe but that in some few houres you may mane it ouer nor so obscure but that any man of meane capacitie may vnderstand it and after you haue read it to iudge thereof accordingly And if I shall heare that you haue reaped any benefit thereby I shall thinke my paines exceeding well bestowed but howsoeuer I shall not thinke my labour lost by giuing you this euident token of my loue for that the loue and dutie I owe to my Prince and Countrie to the Catholicke Religion and to you my deare Catholick brethren and aboue all to God Almightie the Author of all truth yea truth it selfe and who will in due time render to euerie man according to his workes Rom. 2. hath for the defence of a necessarie truth moued mee to take this paines And so with my best wishes I bid you heartily farewell hoping that you will bee wise and not be transported with a blind and intemperate zeale towards Prince or Prelate but that you will bee carefull to feare God to honour the King and without all partialitie to render to God and Caesar and consequently to Popes and Princes that which is their due A Copie of the new Oath of Allegiance deuided into eight Branches as it is in this Treatise explayned 1. I A.B. doe truely and sincerely acknowledge professe testifie and declare in my conscience before God and the World That our Soueraigne Lord King Iames is lawfull and rightfull King of this Realme and of all other his Maiesties Dominions and Countries 2. And that the Pope neither of himselfe nor by any authoritie of the Church or See of Rome or by any other meanes which any other hath any Power or Authoritie to depose the King or to dispose any of his Maiesties Kingdomes or Dominions or to authorize any forraigne Prince to inuade or annoy Him or his Countries or to discharge any of his Subiects of their Allegiance and Obedience to his Maiestie or to giue license or leaue to any of them to beare Armes rayse Tumults or to offer any Violence or hurt to his Maisties Royall Person State or Gouernment or to any of his Maiesties Subiects within his Maiesties Dominions 3. Also I doe sweare from my heart that notwithstanding any Declaration or Sentence of Excommunication or Depriuation made or granted or to be made or granted by the Pope or his Successours or by any Authoritie deriued or to be deriued from him or his See against the said King his Heires or Successours or any absolution of the said Subiects from their Obedience I will beare Faith and true Allegiance to his Maiestie his Heires and