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
A MODERATE DEFENCE OF THE OATH OF ALLEGIANCE Wherein the Author proueth the said Oath to be most lawful notwithstanding the Popes Breues prohibiting the same and solueth the chiefest obiections that are vsually made against it perswading the Catholickes not to resist soueraigne Authoritie in refusing it Together with the Oration of Sixtus 5. in the Consistory at Rome vpon the murther of Henrie 3. the French King by a Friar Whereunto also is annexed strange Reports or newes from Rome By WILLIAM WARMINGTON Catholicke Priest and Oblate of the holy congregation of S. Ambrose IEREM 4. Iurabis Viuit Dominus in veritate in iudicio in iustitia Thou shalt sweare Our Lord liueth in truth in iudgement and in iustice Permissu Superiorum An. Dom. 1612. An Admonition to the Reader THe purpose of the Author in this Treatise is to manifest vnto such as imbrace the Romaine faith that they may take the Oath of allegiance vnto his Maiestie without any preiudice vnto the same And therefore if in this his ensuing discourse he hath inserted any peculiar doctrines of the Church of Rome those that are of an aduerse perswasion ought not to take offence but rather make true vse thereof and haue iust cause to acknowledge the clement and moderate proceeding of the State herein THE PREFACE OF THE AVTHOR TO THE READER WHEN by the prouidence of Almightie God courteous Reader who sweetly disposeth all things I was by two Pursuiuants apprehended the 24. of March 1607. after our English accompt and committed to the Clinke by the Lord Bishop of London on the 26. of the same moneth 1608 I entred somewhat more deepely into the consideration of the controuersie of the Oath of allegiance then before whilest I was at libertie I had done And presently consulting with some of my brethren whom I found there prisoners before my comming I thought it very expedient to informe the Popes Holinesse of the lamentable estate of our countrie what miseries and imminent dangers such Catholikes as should refuse the Oath of allegiance were like to fall into by reason of his Breues prohibiting them to take it what diuision among Catholickes what perturbation they were vndoubtedly to breed in the Church of England our dread Soueraigne being thereby not without iust cause exasperated hoping by such meanes to procure a remedy before the malady grew too desperate But they more prudent and better experienced in such like Romane informations then my selfe thought it better in their iudgements and more expedient with patience to expect future euents from Rome and not so to proceed as being to small or no purpose at all Hereupon I rested satisfied though sorie in mind to consider the manifold euils that were like to ensue as long as these two principall powers Ecclesiasticall and ciuill the Pope and our King were at variance and did not intend to set pen to paper of this matter for that I knew my selfe the meanest among the rest of my brethren that had taken the Oath and because I had as I thought in discharge of my particular duty made sufficient proofe of my loyaltie towards his Maiestie by accepting the Oath when it was required at my hands In the end aduised by a friend one of my brethren to premeditate and prouide reasons for our taking it to be sent to Rome for it was to him more then probable he said that in short space after we should receiue a commandement from his Holinesse so to do and desirous withall to yeeld some satisfaction to the State for the great scandall certaine of our brethren had giuen by their perfidious inconstancie in taking the Oath anon after being freed from troubles relented and impugned as hath bene reported that which they seemed by their act to haue iudged lawfull I resolued vpon mature consideration to reduce into some method for helpe of my memorie and satisfaction of a friend certaine notes which in scattered papers I had collected cōcerning this matter not intending yet to publish them for feare first of offending some Catholikes who pretending the Oath to be vnlawfull though they know not well wherein are ready with rash censures to iudge and condemne before sentence of condemnation from the chiefe Iudge be giuen but especially I feared lest I should offend the Popes Holinesse who in his Breues hath either admonished or prohibited all Catholikes to take it or to teach the lawfulnesse thereof At length knowing my intention to be not to offend any one nor to contemne his Holinesse commandement but to aduance what in me lyeth the glory of God by setting downe sincerely what in my iudgement is truth and perswading euery Catholike subiect to render to Caesar those things which are Caesars to performe his dutie to his Maiestie in taking the Oath of allegiance to seeke thereby to remoue the imputation of treachery and treason I held it my dutie both to God and man to breake silence to cast away this humane feare and to put on the mantle of charitie quae foras mittit timorem 1. Ioh. 4 Howbeit gentle reader whilest I meditated to go forward in these my labours for the benefite of my brethren in Christ the Catholikes of England sodainly that questiō of our B. Sauiour as it were to deterre me from thē came into my mind Quis ex vobis volens turrim aedificare Which of you minding to build a tower doth not first sit downe and recken the charges that are necessarie whether he haue to finish it lest after he hath laied the foundation and is not able to finish it all that see it begin to mocke him saying That this man began to build and he could not finish it I forthwith stayed and cast my accompts that is I weighed the small meanes I had to relieue me taking paines my infirme and feeble body slender furniture of bookes and many interrupted distractions which my pouerty in prison ministred vnto me and considered whether I might be able to bring this short treatise to an end so auoide that illusion This man beganne to build and he could not finish it Then though my meanes and abilitie euery way I knew to be small yet trusting in the assistance of almightie God whose glorie hereby I principally seeke and is the chiefest reason of this my processe I was by and by encouraged to attempt the defending of this Oath which I iudged farre beyond my talent calling to remembrance that of the Prophet In Deo meo transgrediar murum Psal 17. In my God I will passe ouer a wall Philip 4. And the saying of S. Paule Omnia possum in eo qui me confortat I can do all things in him that is through his helpe that strengtheneth me nothing doubting also but Phil. 2. v. 13. Qui operatus est in me velle operaretur perficere pro bona voluntate He that wrought in me to will would likewise worke to accomplish according to his good will Vpon
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
man to wake a sleeping Lion or stirre a nest of waspes or hornets whereby he might endanger himselfe to be bitten or stong most grieuously Then how much greater is the follie of such as feare not to irritate or incense a King who naturally desireth nothing more then peace and quietnesse to himselfe and his people We learne in holy writ how dreadfull is the terror of a King in that it is compared to the roaring of a Lion Prou. 20. Sicut rugitus Leonis ita terror Regis qui prouocat eum peccat in animam suam As the roaring of a Lion so is the terrour of a King he that prouoketh him offendeth against his owne life Example we haue of King Dauid who was stirred to wrath by Hanon King of Ammonites vpon ingratitude for his loue and kindnesse For Dauid hearing of his fathers death sent some of his seruants to comfort him Hanon following euill counsell forsooth that Dauid did not send to condole with him and comfort him but to espie the Citie and ouerthrow it Whereupon most vngratefully he euill intreated the embassadours shauing halfe their beards and ignominiously cutting their garments vnto the buttockes King Dauid herewith moued to anger prouided an armie to reuenge this iniurie ouerthrew of the Syrians that assisted the Ammonites seuen thousand chariots and slue forty thousand footmen made hauock of the Ammonites bloud and wasted the cities of King Hanon destroying the people in most rufull maner as you may reade in the second booke of the Kings and Paralipomenon 2. Reg. 10. 1. Paralip 19.20 Consider the imprudence and wickednesse of this king imprudence in not foreseeing what dangers he might cast himselfe into by making his friend his foe and stirring him to ire that sought to liue in peace Wickednesse in rendring euill for good and procuring warres the euent whereof is various which was cause that many innocent persons who were not consenting to Hanons fact nor euer haply wished Dauid hurt were in that fury slaine We reade likewise how this holy king Dauid 1. Reg. 25. being in the desert persecuted by Saul purposed and prepared to reuenge himselfe on malicious Nabal for contemning him and his seruants whom in his distresse he had sent in peaceable and friendly sort for victuals and reliefe saying Who is Dauid and what is the sonne of Isai There are seruants multiplied now a dayes which flie from their maisters Shall I then take my breads and my waters and the flesh of my cattell which I haue killed for my shearers and giue it to men whom I know not whence they are Hereupon Dauid in wrath set forward to be reuenged and purposed not to haue left nor Nabal nor any belonging to him to pisse against a wall had not his wife Abigail by her wisedome preuented the shedding of innocent blood meeting with Dauid and pacifying him with gifts prudent speeches and discreete behauiour In the Ecclesiasticall historie is likewise noted Theod. lib. 5. cap. 17. how that renowmed Emperour Theodosius vpon rage caused many innocents in Thessalonica to be put to death for the murther of one Noble man of his court Many moe examples both sacred and prophane might be here alledged to this purpose but these may suffise to giue vs a taste of the miseries that fal on many yea on such as neuer offended when a Prince is iniured and prouoked to anger Indignatio Regis nuncij mortis Prou. 16. vir sapiens placabit eam The indignation of a king is messengers of death and a wise man will appease it If king Dauid or Theodosius might pretend iust cause to reuenge their wrongs in such sort by seuere punishment not onely of the offenders but also of the guiltlesse then surely none can deny but king Iames our dread Soueraigne had much more against the conspirators in the notorious gunpowder-treason and many others of the same religion whō he might well suspect to be of the same confederation In this there was not a contempt onely of his seruants nor a shauing of beards or paring their garments to the buttocks nor yet the murthering of one of his Nobles but out alas here was intended a most pitifull slaughter of the Kings owne person the Queene his wife the yong Prince his sonne the Nobilitie and people in great numbers and then eftsoones had followed a finall destruction of infinite soules and bodies and of this whole florishing kingdome as euery one that is but meanely wise must needes know In that his Highnesse then proceeded no further in furie and indignation against Catholickes being by them so incensed but staied his hands by the execution only of a few principals in that actiō must needs be imputed first to the prouidence of Almightie God who guideth the hearts of kings and next to his rare and singular clemency See his Maiesties proclamation who seemed ready to pardon loath to punish by bloud so many as in that conspiracy offended or to vse such seueritie as the crime deserued In punishing some he practised iustice in pardoning others he extended his mercie which two vertues make a Prince renowmed and by which especially mercie or clemency a king is most strongly fortified and preserued according to that of Salomon Misericordia veritas custodiunt regem Prou. 20. roboratur clementia thronus eius Mercie and Truth keepe the king and with Clemencie his throne is strengthned Greatly were it to be wished that this his mercy might not but it is to be feared that through the default of some it may be turned into furie as sometime it happeneth when the clemencie of a Prince is not regarded or abused that no Nabal were to be found so presumptuous hardie as to contemne not the Kings seruants but himselfe in withstanding his will by vndiscreete if not obstinate refusing to take the Oath of allegeance so iust and reasonable made onely for the safety of the King and kingdome and exacted as a note to distinguish friends from foes good subiects from euill affected and to take from Catholicks the heauie imputation of treason and treacherie which hath lien long on their necks A child if he see his father in anger chastising his brother feareth though he offended him not and so doth the scholler in the schoole dread the rod when the maister in rage correcteth one of his fellowes The Lion roareth in the desert and all feare that here the noyse Leo rugiet quis non timebit How much more then is a king to be feared Amos. 3. who vnder God hath power of life and death as Pilate said to our Sauiour Nescis quia potestatem habeo crucifigere te potestatem habeo dimittere Doest thou not know that I haue power to crucifie thee and haue power to let thee go a Aug. Trac 116. parum à medio Tom. 9. Which power was giuen him from aboue as is plaine Consider in what case rich Nabal was when he
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
person should not erre but to Peter together with the Apostles assembled at his sermon before his passion who represented the whole body of the Church as appeareth by the words of our Sauiour in Saint Iohns Gospell Paraclitus autem Spiritus sanctus Iohn 14. c. quem mittet Pater in nomine meo ille vos docebit omnia suggeret vobis omnia quaecunque dixero vobis You may note how the holy Ghost then promised and afterward sent on the day of Pentecost was promised to all and sent vnto all not to Peter alone And in the same chapter that this holy Ghost was to remain with them and be in them Apud vos manebit in vobis erit And in another place Cū autem venerit ille Spiritus veritatis Ioh. 16. docebit vos omnem veritatem And when he shall come the Spirit of truth he will teach you all truth In all these places is manifest that Christ spake alway in the plurall number that the holy Ghost the Comforter should remaine and be in his Church and should teach his Church all truth and not any one of his Apostles successors in particular This special priuiledge of not erring in matters of faith was reserued for his deare spouse the Catholike Church alone as appeareth euident likewise in Saint Matthewes Gospell Tu es Petrus Math. 16. super hanc petram aedificabo Ecclesiam meam portaeinferi non praeualebunt aduersus eam Thou art Peter and vpon this rocke I will build my Church and the gates of hell shall not preuaile against her That is the Church as Iansenius and others vnderstand it represented in a generall Councell which Church is called by Saint Paul 1. Tim. 3. Columna firmamentum veritatis The pillar and groundworke of truth Not any one man in the house of God was euer such And Alphonsus de Castro a great learned man and an earnest defender of this Church against heresies and heretikes blusheth not to write plainely that Omnis homo errare potest in fide Contr. haeres l. 1. c. 4. etsi Papa sit Euerie man may erre in faith yea the Pope himselfe without exception Yet I neuer heard that he was condemned of heresie or sinne for saying so This then being so no man of vp right iudgement can with reason censure him of heresie that shall affirme The Pope may erre in his opinion of the Oath for Haeresis est circa eaqnae sunt fidei 2.2 q. 11. ar 2 sicut circa propriam materiam 2.2 11. ar 2. as S. Thomas saith Nor of mortall sin if he refuse to obey his prohibition for taking thereof the taker not intending to contemne his commandement Tho. 22. q. 104.2.2 ad 1. ad inobedientiam enim requiritur quòd actualiter contemnat praeceptum nor to transgresse against the law of God but onely to render to Caesar that which is Caesars that is ciuill obedience due vnto him both by the law of God and nature without denying or derogating anie authoritie spirituall of the Sea Apostolicke according to his Maiesties declaration and interpretation of his owne meaning set downe at large in his Apologie and Praemonition The intention then being good the end good and iust the act of such as take it cannot be but good and lawfull and no sin at all For secundum finem morales actus species sortiuntur Tho. 2.2 q. 89 ar 5. ad 1. q. 105 2.1 And as true it is that Actus agentium non operantur vlira ipsorum voluntatem seu intentionem And this much as touching the Popes opinion or assertion in his Breues Now it remaineth to resolue the difficultie of his precept or prohibition of the Oath whether Priests and Catholickes in England be bound vnder paine of deadly sinne to obey it and so to disobey the Kings Highnesse who for his more securitie vpon so iust a cause requireth the same The cause why the Pope prohibited Catholickes to take the Oath of allegiance as it lieth may seeme to haue bene for that in his opinion he was perswaded many things to be contained therein repugnant to faith Which opinion supposed true no man indeede can take it without perill of damnation because euery Christian is bound vsque ad effusionem sanguinis inclusiue to professe and maintaine all points of faith when occasion of persecution shall be offered against heretickes Iewes Turkes or what infidels soeuer according to the doctrine of our Sauiour Math. 10. Luk. 9. Qui autem negauerit me coram hominibus negabo ego eum coram Patre meo And he that shall denie me before men I will also denie him before my Father Likewise in another place Qui non renunciat omnibus quae possidet Luk. 14. non potest meus esse discipulus And then were it malum non quia prohibitum verùm ex se to take such an oath But till it appeare more cleare and be more substantially proued then hitherto hath bene by any that some point therein contained is manifestly against faith what that point is I cannot see why any man should forthwith vpon a bare commandement though of the supreme Pastor hazard his life in perpetuall bonds with losse of all that he hath and vtter ruine of his dearest wife and children For his priuate will subiect to error can be no infallible rule of mans actions but the will of God which is alway right and hereupon a man may in case be disobeied be he Prince or Prelate but the most righteous God neuer For that the commandement of God is alway iust wherein can be no error Gen. 22. no not in willing Abraham to kill his sonne Isaac Exod. 12. Ose 1. nor in commanding the Iewes to spoile the Aegyptians of their goods nor also in bidding the Prophet Osea to commit fornication The reason hereof you may reade in S. Thomas But an earthly King Prince or Prelate See S. Tho. 22 q. 104. ar 4. yea the Prince of Prelates may and doe sometimes command iniust things or may vsurpe dominion iniustly in which cases subiects are not bound to obey them 22. q. 104. ar 6. nisi fortè per accidens as S. Thomas noteth propter vitandum scandalum vel periculum vnlesse haply accidentally for auoiding scandall or danger That some Kings and secular Princes haue vsurped domination and commanded iniustly no man I thinke will doubt and our domesticke aduersaries will easily grant but to say that the Prince of Prelates the Pope Peters successor should erre in commanding or command that which is iniust guarda la gamba take heed some nicely precise pure and rigid if not simple and foolish people audito verbo hoc scandalizabuntur no lesse then the Pharisees were scandalized at the doctrine of our blessed Sauiour as we reade in S. Mathewes Gospell Math. 15. for that they thinke of like the Pope so to be confirmed in grace that he cannot
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
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