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
were contempt as some either caried away with passion or through ignorance and small consideration beare you in hand then a hainous sinne would it be to transgresse the precept of the supreme Prelate Christs Vicar for contempt of any superiour though in re leuissima is always a mortall sinne But it is not so in this our case it is not all one we know nolle obedire and non obedire conscience setled on good grounds is the onely motiue to such as take it not to obey beleeuing it to be most lawfull That his Holinesse hath affirmed in genere as his opinion many things to be contained in the Oath repugnant to faith and health of soules is manifest in the Breues yet because he hath not Specified any one particular clause which was much desired nor Father Parsons in his Catholicke letter nor Cardinall Bellarmine in Tortus or other booke of his haue explicated or cleared the Popes meaning what they be nor any other writers that haue handled this matter and written in defence of them as doubtlesse they would haue done if they could tell which were against faith his Holinesse in my iudgement cannot iustly condemne such of a contempt as with reason and vpon good grounds hold the contrary who are not bound to alter their opinions vpon any such assertion of any priuate Doctor vnlesse their vnderstanding be first conuinced either by good reason or authorities of Scriptures Fathers or some generall Councell If any man be scandalized and please to carpe hereat as at strange doctrine let him reade the famous and learned S. Tho. More in his Epistle to D. Wilson Tho. More in his epist to D. Wils p. 1445. where he shall see the very same taught in this manner Many things euerie man learned woteth well there are in which euery man is at libertie without perill of damnation to thinke which way he list till the one part be determined for necessarie to be belieued by a generall Councell And in another place of his workes In epist ad filiam pa. 1439. thus he writeth If it so hap that in any particular part of Christendome there be a law made that be such as for some part thereof some men thinke that the law of God cannot beare it and some other thinke yes the thing being in such manner in question that through diuers parts of Christendome some that are good men and cunning both of our owne dayes and before our dayes thinke some one way and some other of like learning and goodnesse thinke the contrary In this case he that thinketh against the law neither may sweare that law lawfully was made standing his own conscience to the contrary nor is bound vpon Gods displcasure to change his own conscience therein for any particular law made any where other then by the generall Councell and by a generall faith growne by the working of God vniuersally through all Christian nations nor other authoritie then one of these twaine except speciall reuelation and expresse commandement of God sith the contrary opinions of good men and well learned as I put you the case made the vnderstanding of the Scriptures doubtfull I can see none that lawfully may command and compell any man to change his own opinion translate his owne conscience from the one side to the other This he And in another Epistle to his daughter Margaret pag. 1440 If it be not so fully plaine and euident as appearing by the common faith of Christendome yet if he see but himselfe with farre the fewer part thinke the one way against far the more part of as learned and as good as those are that affirme the thing that he thinketh thinking and affirming the contrarie and that of such folke as he hath no reasonable cause wherefore he should not in that matter suppose that those which say they thinke against his mind affirme the thing that they say for none other cause but for that they so think indeed this is of very truth a very good occasion to moue him and yet not to compell him to conforme his mind and conscience vnto theirs By this doctrine of Sir Thomas More it is cleare that the Popes opinion of the Oath though it may seeme to some to be a verie good occasion to moue men not to take it yet it is not sufficient to compell them to conforme their mind and conscience vnto his when as they that haue taken it and also many others both vertuous and learned are of contrarie opinion nothing to be contained in that Oath against or repugnant to faith nor neuer hath this point in controuersie bene yet defined Will you say then that the Pope hath erred in setting forth this his opinion and prohibition No I dare not presume to affirme that therein he hath erred for the reuerence and honor I beare to the Sea Apostolick nor take vpon me to be iudge ouer him Qui parem super terram non habet to vse Saint Bernards words L. 2. de consid c. 2. Rom. 14. lest I be thought to neglect the doctrine of the holy Ghost taught by S. Paul Tu quis es qui iudicas alienum seruum and Tu autem quid iudicas fratrem tuum aut tu quare speruis fratrem tuum Who art thou that iudgest anothers seruant and why doest thou iudge thy brother If I be taught and forbiddē tp iudge or despise my brother my equall then much more ought I not to iudge or contemne him qui à nemine iudicatur that is not to be iudged by any man absit hoc à me let such temeritie be farre from me the least in Gods house But when in matters of fact he proceedeth by information of others as in this our case of the Oath he hath I trust it is no temeritie or any sin at all to say that he may erre yea and sometimes by false suggestions or wrong informations he hath erred in Rome it selfe And which is more Councels also in facts or particular iudgements may erre as Cardinall Bellarmine noteth In Scriptura saith he nullus potest esse error Li. 2. Concil cap. 12. siue agatur de fide siue de moribus c. At Concilia in iudicijs particularibus errare possent Nec non in praeceptis morum quae non toti Ecclesiae sed vni tantum aut alteri populo proponuntur In the Scripture can be no error whether it treate of faith or of manners c. but Councels in particular iudgements may erre And also in precepts of manners which are not proposed to the whole Church but to one or other people onely It seemeth also not to be any hereticall doctrine to hold that not onely in matters of fact but likewise in faith the Pope alone without a Councell may erre for that he is no God but a man subiect to errors to whom as he is Peters successor Christ neuer so promised the assistance of the holy Ghost that he in
commanded without reasonable cause we ought not to obey for it were more then is due And the same Cardinall in another place faith thus Li. de 7. pec mort c 15. Nullus obligatur obedire suo superiori in actibus interioribus puris puta intellectus voluntatis No man is bound to obey his superior in pure interior acts to wit of the vnderstanding and will Who explicateth himselfe If a superior say vnto his inferior Loue thine enemie See S. Tho. More epist ad filiam or this man in particular or else beleeue this or that opinion the inferior is not bound to beleeue it nor to obey because saith he the soule is subiect only to God And for proofe alledgeth Saint Thomas whose words are In his quae pertinent ad interiorem motum voluntatis 2.2 q. 104 art 5. homo non tenetur homini obedire sed solum Deo In such things as appertaine to the inward motion of the will a man is not bound to obey another man but onely God And this he affirmeth to be the common doctrine Out of these cases you may gather and secure your conscience that a superiour yea Christs Vicar the Popes Holinesse may be disobeyed without scruple of sinne modo absit contemptus notwithstanding his commandement prohibiting the Oath of allegiance because no man can force any to beleeue that which is matter onely of opinion not of faith formally vnlesse his vnderstanding be first conuinced that it is an infallible truth which is commanded And this of the Oath being an inward act of the vnderstanding is not subiect in that case to the commandement of any man according to the doctrine of the Authors aforesaid And furthermore by obeying his Holinesses Breues and disobeying his Highnesse law in a matter as yet vndetermined great damage to many is more then likely to ensue and infinite scandals to the losse of soules to arise in the Church which euerie Christian man and good subiect is bound to auoide Qui amat periculum peribit in illo He that loueth danger shall perish in it And Qui causam damus dat damnum dedisse viderur It seemeth he doth the hurt that giueth cause thereof If this satisfie you not lend me a patient and diligent eare and you shall heare more If I shew you by the authoritie of the Sea Apostolicke that his Holines who sitteth now at the sterne Paulus Quintus forbidding all Catholickes to take the Oath of allegiance is not therein to be obeyed I trust you will require no other testimonie but beleeue it to be lawfull and resolue not to hazard your estates for refusing it hereafter Marke then what a learned Cardinal writeth of Innocentius 3. Pope Eleganter dicit Innocentius de sent excom cap. Inquisitioni Franciscus de Zabarel de schismat quòd Papae non est obediendum quando vehementer praesumitur statum Ecclesiae perturbari vel alia mala ventura Et peccaret obediendo cum deberet futura mala praecauere Elegantly saith Innocentius that we are not to obey the Pope when there is vehement presumption that the state of the Church is to be perturbed or other euils are like to ensue And in obeying a man should sin when as he ought to preuent future euils Now tell me I pray you or let our domesticke aduersaries or such as are inwardly perswaded that the Pope cannot by any authoritie deriued from Christ dethrone Kings directly or indirectly howbeit forsooth in policie refuse to take the Oath and discharge their dutie to Caesar for feare of losing friends and commodities nor dispossesse any priuate man of his temporals who is not his subiect of which sort there are many let them I say or any one of them tell me whether by disobeying the Kings highnesse and obeying the Pope in this case of the Oath the Catholick Church in England is not like to be greatly afflicted the memorie of the Gun-powder treason reuiued the Catholickes miseries aggrauated the heate of persecution continued and increased whole families vtterly ruined propagation of faith hindered many soules lost and a thousand euils like to follow with manie scandals to the State and all the Realme by reason of obeying his Holinesse Breues if our most clement Prince with rigour vpon this their indiscreete obedience prosecute his law made for the securitie of him and his posteritie The authoritie aforesaid being of a Pope as that Author affirmeth censureth such a one to offend note well in obeying whom the Pope when as he is bound to beware before hand or preuent such future euils or dangers Then ought not all Catholickes and good subiects doe what in them lieth to preuent the manifold euils that hang ouer their heads by satisfying the Magistrate and refusing to obey such a precept as is the only cause thereof for had no prohibion come from Rome few or none had stood against the Oath especially when as nothing hath bene yet proued by any that haue written of this subiect since the coming of the Breues foure yea fiue yeares agone and more to be contained in the Oath against faith Syluester likewise alledging Panormitane agreeable to the former authoritic Syluest vâ—rb obedietiâ— â—u â— saith that the Pope is not to be obeyed not onely when his precept is iniust or sauoureth sin but also when by such obedience it may be presumed that the state of the Church is like to be greatly disturbed or some other detriment or scandall is to ensue yea although he should command vnder paine of excommunication latae sententiae Nec est saith he ei obediendum si ex obedientia praesumeretur status Ecclesiae perturbandus vehementer vel aliud malum aut scandalum fut urum etiam si praeciperetur sub poena excommunicationis latae sent entiae Vt notat idem in cap. Si quando in cap. Panormit See â—elin in cap. Si quaÌ„do nu 4. in c. Accepimus Cum à Deo de rescrip And goeth forward Ex quo ipse in dicto cap. Si quando infert Quod si c. Whereupon he inferreth that if he the Pope command any thing vnder paine of excommunication ipso facto by execution whereof it is presumed there will be a scandall in the citie of soules or bodies he is not to be obeyed c. It followeth Imo ex cap. Officij de poenis remis habetur c. Yea it is euident that the positiue law interpreteth that restitution which is de iure diuino sometime is not to be made by reason of danger when it may happen to soules or bodies then it may be wel inferred that obedience in like case may be pernicious and so ought not to berendered Tolet. de 7. Pec. mort cap 15. The same writeth Cardinall Tolet citing these authors Nulli superiori praecipienti aliquid c. No superiour commanding any thing whereby scandall or any notable detriment of others do follow is to
Oath as In any case whatsoeuer Neither is the Popes spirituall authoritie limited or once touched therein as by his Maiesties intention sufficiently made knowne vnto vs doth manifestly appeare And Caietan teacheth that in such like case if the intention of the man that commandeth may be knowne Caietan ver praecepti trangressio it is inough because the force of the precept dependeth of the intention of him that commandeth Now to end this matter I wish you to note the fraude of that Catholicke letter writer for to haue set downe in plaine termes that his Holinesse may depose his Maiestie dispose his kingdomes to whom he list licence subiects to raise tumults take armes against him or murther him and such like he knew would sound to good subiects most odious therefore he thought it to be a point of policie not to deale plainely but leaue the Reader perplexed with this obscuritie What his Holinesse cannot do towards his Maiestie in any case whatsoeuer Whose bare assertion without proofe or truth can in reason conuince none but such as want their common sense Now that it hath bene proued nothing to be contained in the Oath against the law of God nor decrees of any generall Councell and that his Maiestie in making this law and requiting of his subiects the performance thereof according to his intention which is but iust and good hath not gone beyond his bounds will any yet be so wilfully blind as not to see that by the immaculate law of God he is bound in conscience to render to Caesar that is Caesars to be obedient to higher powers as well the ciuill in temporals as the Ecclesiasticall power in spirituals Saint Peter prince of the Apostles taught this doctrine to the Christians of the primitiue Church that they should submit themselues and be obedient to secular Princes and Magistrates though they were heathens 1. Pet. 2. Subiecti igitur estote omni humanae creaturae propter Deum siue Regiquasi praecellenti siue Ducibus tamquam ab eo missis c. Be subiect therefore to euery humane creature for God whether it be to the King as excelling or to rulers as sent by him to the reuenge of malefactors but to the praise of the good for so is the will of God that doing wel you may make the ignorance of vnwise men to be dum And a little after exhorting thē to feare God his next lesson is to honor the King Deum timete Regem honorificate How I pray you is a King honoured when his iust precept is neglected or contemned Some haply without consideration both ignorantly vnwisely wil grant that Catholick kings are to be honoured and obeyed but doubt may be made of such as by the Church are reputed or rather condemned heretikes and aduersaries to the Catholicke faith I aske these if there be any so simple whether Emperours Kings and Princes to whom the Apostles preached this subiection and obedience were not aduersaries yea and persecutors of the Catholicke faith and continued such the space of more then three hundred yeares howbeit the Christians of those dayes instructed both by the doctrine and example of the Apostles in all dutifull humilitie did not giue freely but rendred to Caesar his due how peruerse soeuer their Gouernours were Which lesson Saint Peter their chiefe Pastor immediatly after in the same chapter had taught them Serui subditi estote in omni timore dominis non tantum bonis modestis sedetiam dyscolis Seruants be subiect in all feare to your maisters not onely to the good and modest but also to the wayward Ephes 6. Colos 3. This dutifull subiection likewise teacheth Saint Paul Serui obedite Dominis carnalibus cum timore tremore in simplicitate cordis vestri sicut Christo Seruants be obedient to your Lords according to the flesh with feare and trembling in the simplicitie of your heart as to Christ not seruing to the eye as it were pleasing men but as the seruants of Christ doing the will of God from the heart with a good will seruing as to our Lord and not to men If seruants then commanded by the Apostle were bound to serue and obey their temporall Lords and maisters with such care and diligence were they neuer so froward and wicked Pagans for such no doubt many Christians did serue who by their examples threats or enticements might hazard to withdraw them from the true worship of God are not subjects now by the same law as well bound to be obedient to lawfull Kings and Princes be they neuer so wicked in manners or opposite to faith and Christian religion as heretikes and apostates are Were they not Pagan Princes and Potestates whom Saint Paul willed Titus to admonish Christians to obey at a word Admone illos saith he Principibus Potestatibus subditos esse dicto obedire Admonish them to be subiect to Princes and Potestates to obey at a word S. Ambrose Vpon which place Saint Ambrose Admonish as if he should say Although thou hast spirituall gouernment ouer spirituall matters yet admonish them to whom thou preachest to be subiect to Kings and Princes because Christian religion depriueth none of his right The same holy Father and also Saint Augustine write of the prompt obedience of Christians to Iulian the Apostata which may be a verie good example for Catholickes of these latter times to shew like obedience if they light on like Princes saying Iulianus extitit infidelis Imperator Aug. in Psal 124. Super illud Non relinquet Domi nus virgam Habetur 11. q. 3. c. Iulian. nonne extitit Apostata iniquus idololatra c. Iulian was an infidell Emperour was he not an Apostata wicked an idolater Christian souldiers serued an infidell Emperour When they came to the cause of Christ they acknowledged not but him that was in heauen When he willed them to worship Idols to sacrifise they preferred God before him But when he said Bring foorth your armie go against that people they obeyed incontinently The distinguished the eternall Lord from a temporall Lord and yet for the eternall Lord they were subiect also to the temporall Lord. Hereby is euident that Iulian had right to command Christian souldiers in temporals and they shewed all prompt obedience knowing that their religion taught no iniustice that notwithstanding his Apostacie he being lawfully called to the Empire they were not nor could be absolued of their loyaltie and ciuill obedience towards him Was so notorious an Apostata to be of dutie obeyed and not a king who cannot be iudged an hereticke because he doth not pertinaciter defend any opinion against the Church of Christ but royally promiseth to forsake the religion he professeth if any point or head thereof belonging to faith can be proued not to be ancient catholicke and Apostolicke Here Cardinall Bellarmine will answer That the Church in her nouitie or beginning wanted forces forsooth after three yea foure hundred
saith further Quae autem sunt à Deo ordinatae sunt And those that are of God are ordained Therefore he that resisteth the power resisteth the ordinance of God adding Tho. 2.2 q. 105. ar 1. contrarie to the loue of God in not obeying his commandement and contrarie to the loue of his neighbour withdrawing from his superior obedience due vnto him And they that do resist what get they They purchase to themselues damnation hauing committed a deadly sinne in resisting Which kind of purchase I wish many in this our countrey to note diligently and in time to take heed of But I know some will inferre that this place of S. Paul may well and ought to be vnderstood of Prelates and the chiefe Prelate Christs Vicar who are also higher powers and therefore toucheth such as by obeying the King in the Oath of allegiance disobey their spirituall Pastor the Pope These deceiue themselues not considering the drift of the Apostle for if they marke well they will easily see that S. Paul in this chapter vnderstandeth not the spirituall directly but the secular power as must needs appeare manifestly to him that readeth the text Nam Principes saith he non sunt timor◠boni operis sed mali c. For Princes are no feare to the good worke but to the euill But wilt thou not feare the power do good and thou shalt haue praise of the same for he is Gods minister vnto thee for good But if thou do euill feare for he beareth not the sword without cause for he is Gods minister a reuenger vnto wrath to him that doth euill By whom can all this be meant but by the secular power To whom is tribute due to be rendered not giuen gratis because it is an act or worke of iustice but to the secular power Who carieth such a sword to punish corporally to death and by the ordinance of God but Kings and secular Princes who are Gods ministers and vicegerents in earth for this purpose This sword neuer belonged to Peter nor his successors by Christs institution as D. Kellison confesseth against M. Sutcliffe D. Kellison in his Reply to M. Sutcliffe cap. 1. fo 13. his words are these If beside this spirituall power which he hath ouer the whole Church Sutcliffe suppose that either we giue him or that he challengeth to himselfe any temporall power ouer Christian Kings and kingdomes he is foully deceiued for we confesse and so doth he that Christ gaue him no such sword nor soueraigntie c. We acknowledge indeed two swords in the Church of Christ the one spirituall the other temporall but we giue them not both to the Pope For the supreme spirituall power is the onely sword which he handleth the supreme temporall power out of Italie pertaineth to the Emperour Kings and Princes For as there are in the Church of God two bodies Idem fo 14. the one politicall and ciuill the other Ecclesiasticall or mysticall the one called the common-wealth the other the Church so are there two powers to direct and gouerne these bodies and the one is called ciuill or temporall the other Ecclesiasticall and that ruleth the bodies this the soules that the kingdome this the Church that makes temporall this spirituall lawes that decideth ciuill causes this determineth and composeth controuersies in religion that punisheth bodies by the temporall sword this chastiseth soules with the spirituall glaiues and bonds of excommunication suspension interdicts and such like and the end of that is temporall peace the scope and butte of this eternall felicity and so that being inferiour this superiour that must yeeld to this when there is any opposition And so we giue to the Pope one sword onely ouer the Church and not swords as Sutcliffe saith They are secular Princes likewise who may exact customes and to whom tribute ought of dutie to be paied by all subiects thereby to sustaine and maintaine their dignitie gouerne their kingdome in peace and iustice and protect them from all enemies such excepted as by their priuiledges for the honour of Christ are exempted Tributum Caesaris est Ex. de trad Basil ep ad Valentin non negetur saith S. Ambrose This was neuer due to the Apostles the spirituall Princes of the Church nor consequently to Bishops wno as they are bishops only either did they exercise such a sword or euer acknowledge to be permitted thē by the institutiō of our B. Sauiour of whō they receiued their cōmissiō al power they could practise for gouernmēt of his Church till the worlds end Coste c. 14. Costerus a reuerend and learned Iesuite in fidei Demonst pag. 95. commendeth Erasmus for writing thus Erasm ep ad Vulturium Neocomum Nihil vi gerebant Apostoli scil tantùm vtebantur gladio Spiritus neminem agebant in exilium nullius inuadebāt facultates c. Haec Erasmus non minus disertè quà m verè They that is the Apostles did nothing by violence they vsed only the sword of the Spirit they droue none into exile they inuaded no mans possessions c. This Erasmus saith Costerus no lesse wisely then truly And a litle before in the same booke cap. 12. he teacheth Cost propos 3. cap. 12. that the materiall sword belongeth not to any Ecclesiasticall person Nulli enim competit Ecclesiastico vel sanguinem fundere vel capitis quenquam condemnare For it appertaineth not to any Ecclesiasticall person either to shed bloud or to condemne any man to death Then not to the Pope as he is an Ecclesiasticall person and successour to Peter doth it belong to vse such a sword Hereto agreeth Sir Thomas More in his treatise vpon the passion Morus in pas Dom. pag. 139◠Bern de consid li. 4. c. 3.4 See Gratian. 23. q. 8. in princ Mitte gladium in locum suum c. Put vp saith Christ to Peter thy sword into his place as though he would say I will not be defended with sword And such a state haue I chosen thee vnto that I will not haue thee fight with this kind of sword but with the sword of Gods word Let this materiall sword therefore be put vp into his place that is to wit into the hands of temporall Princes as into his scabberd againe to punish malefactors withall Adding that the Apostles haue to fight with a sword much more terrible then this that is the spirituall sword of excommunication the vse whereof pertaineth to Ecclesiasticall persons alone as the other to secular Iustices This he most learned in his time and no lesse zelous in Catholicke religion Morus in passione Domi. He goeth on pag. 1393. saying that Christ after this told Peter that he had done very euill to strike with the sword and that he declared also by the example of the ciuill lawes Matth. 26. who saith Omnes qui acceperint gladium gladio peribunt c. For by the ciuill lawes of the Romaines vnder which
in temporals wherein they ought by the law and ordinance of God to be no lesse obedient then to their Pastors and Prelates in spirituals It followeth now to know what authoritie it is the Pope pretendeth to haue whether Ecclesiasticall or ciuill to depose lawfull Kings and dispose of their temporals and absolue subiects of their bounden dutie and naturall allegiance Which question who so desireth to see it more at large he may reade D. Barclai de potestate Papae and M. Widdrington de iure Principum where it is most sufficiently and learnedly handled and before in this my treatise pag. 17 I haue briefly touched it whereto I adde in this place a word or two more for your better satisfaction Among such Catholickes as refuse to take the Oath of allegiance are many who thinke indeed the Pope to haue no power to depose Kings or dispose of their kingdoms howbeit either vpon pretended scruple of conscience or other humane respects are against the taking and takers of the Oath as if they were little better then Heathens or Publicans And some so simple and ignorant as beleeue that no Pope euer challenged or attempted such authoritie on any Kings or Emperors and that no Iesuit or other learned man allowed or euer taught such doctrine so odious it seemeth vnto them But the wiser sort and more learned know how it hath bene challenged and practised by Popes on the persons of Henrie Otho Fredericke Emperours Iohn King of Nauarre for neither heresie or apostasie and since on Henrie 8. and Queene Elizabeth as by censures do appeare And that it is the moderne doctrine of many both Canonists and Diuines in these latter ages which at the first teaching thereof being so farre dissonant from the writings and practise of all antiquitie was generally adiudged to be noua haeresis as Sigebert reporteth S. Iohn Chrysostome that great Doctor vpon that place of S. Paul 2. Cor. 1. Non dominamur fidei vestrae We ouerrule not your faith Sigebertus in Chro. ad an 1088. Chrysost lib. 2 de dig sacerd c. 3. attributeth such power as forcibly restraines offenders from their wickednesse of life vnto secular Iudges vnder whose dominion they are not vnto the Church because saith he neither is such power giuen vnto vs by the lawes with authoritie to restraine men from offences nor if such power were giuen vs could we haue wherewith we might exercise such power c. So in his time and long after such power of compelling offenders by temporall punishments to conuert to better life was vnheard of to be in Bishops of the Church Cardinall Bellarmine in the catalogue of his ancient writers which he produceth against Barclai for the Popes temporall authoritie ouer Princes beginneth with one who was iudge in his owne cause Gregorie the seuenth that began his reigne in the yeare of our Lord 1073. not able of like to proue it out of any more ancient Father or generall Councell That this Pope was the first that challenged or attempted to practise such authoritie Otho in chro l. 6. c. 35. witnesseth Otho Frisengen a most learned and holy Bishop and highly commended by the Cardinall himselfe lib. 4. de Rom. Pont. cap. 13. Lego saith he relego Romanorum Regum Imperatorum gesta nusquam inuenio quenquam eorum ante hunc à Rom. Pontifice excommunicatum vel regno priuatum c. I reade and reade ouer againe the acts of the Kings and Emperors of Rome and in no place can I find any of them before this to wit Henrie the fourth to be excommunicated or depriued of his kingdome by the Bishop of Rome vnlesse haply any take this for excommunication that Philip the first Christian Emperor who succeeded Gordianus for a short space Euseb hist Eccl. l. 6. c. 25. was by the Bishop of Rome or as Eusebius reporteth of the Bishop of that place where he then resided placed among publicke penitents and Theodosius sequestred by S. Ambrose from entrance into the Church for cruell murther Whereby we may note that this learned man could not find no not one example in all precedent ages of depriuing kings of their regal scepters though of excommunication he proposeth onely these two which may haue some shew of truth for meere excommunication howbeit more probable it is they were not excommunicated at all maiore excommunicatione Then this Author in the next chapter following Otho ibid. c. â—6 describeth the intestine warres destruction of soules and bodies setting vp of Pope against Pope schismes and other manifold lamentable miseries that ensued vpon that fact of Pope Gregory against Henrie the 4 who commanded the Bishops of Ments and Colen to constitute Rodolph Duke of Burgundie Emperor Spec. hist l. 27. and to put downe Henrie whereupon followed a most grieuous warre wherein Rodolphus was ouercome who dying repentant said The Apostolicall commandement and the intreatie of Princes haue made me a trangressor of my oath behold therefore my hand cut off or wounded wherewith I sware to my Lord Henrie not trecherously to practise any thing against his life nor his glorie Who being ouercome the Bishop of Ments by the Popes commandement and with helpe of Saxons raised an other aduersary against the Emperor one Hermannus Knoflock whereupon followed likewise bloudie warres After this Henrie gathering his armie together driueth the Pope into France and setteth vp the Bishop of Rauenna against him whom he named Clement and so caused a schisme This sparsim out of the history Such like calamities are more then probable to fall on people and the Church when Emperors or Kings are so violently proceeded withall assured destruction of many and no hope of the correction of any by such means is like to ensue Was such power trow ye giuen by Christ to his Apostles tending to destruction not to edification No all to edification according to S. Paul 2. Cor. 10. none to destruction Otho Frisengensis in another place of his workes Li. 1. de gestis Frederici c. 1. writing of the Popes excommunicating the Emperour sheweth that Henrie 4. thought it to be such a nouitie as he had neuer knowne the like sentence to be denounced against any Romane Emperor before He liued an 1150. And Sigebert in Chronico 1088. affirmeth the doctrine of Priests By euill kings he meaneth such as are deposed Cont. Barcl cap. 5. teaching that no subiection is to be yeelded to euill Kings and though they sweare fidelitie are not bound to performe it to be noua haeresis a new heresie sprung vp Howbeit Cardinall Bellarmine will tell you that such doctrine and practise began about the yeare of our Lord 700 for before that time there wanted as he affirmeth either necessitie or oportunitie to teach or vse such power By reason of like there were no hereticall Princes impugners of the true faith before that time or that the paucitie of Christian Kings to assist the weake forces
homines and in heart thinketh it to be so as he speaketh This Cardinall Tolet teacheth to be that sufficient truth which is required in euerie Oath And which is more both he Syluester and other hold that to sweare a thing to be true in his opinion which indeed is false is no sinne at all if he did his best endeuour and vsed due diligence to know the truth As if one say as he thinketh that Peter is dead Greg. de Val. disp 6. q. 7. de iuramento and should sweare it he neither speaketh nor sweareth vntruly because his words are conformable to his interior mind Which is sufficient according to Saint Thomas also as Syluester noteth to be accompted truth the principal point of an oath The secōd is iudgement For it is required that he who sweareth sweare not lightly or vainely but discreetly vpon consideration of some necessarie or profitable cause The third is Iustice to wit that it be not vniust or vnlawfull which is sworne Which being so how can any man be worthily reproued of sinne that taketh the Oath of allegiance vpon a most necessarie profitable cause as all know of remouing therby an imputation of treacherie and treason and pacifying what in him lieth his Maiesties heauie displeasure worthily conceiued for the most detestable Gunpowder practise and further is perswaded after great diligēce vsed to be both true at least in his iudgement and also verie lawfull as is a subiects loyaltie to his Prince Hereupon I see no reason why this Oath may not be taken of all Catholickes without danger of sin and ought of euery good subiect being required thereto in the wilfull refusers whereof his Maiestie hath iust cause to suspect a hidden mischiefe to lie if euer oportunite should serue By this is cleare that what a man ex animo thinketh to be true he may truly say yea and sweare too it being a most certaine principle well in reason as in diuinitie and noted by father Parsons in his Catholicke letter that what a man may truly say he may also truly sweare but he may truly say that a probable opinion held maintained by sundry learned men Catholikes is true and contradicteth not another probable opinion taught by others as learned and as good For example That our blessed Lady the mother of God was free from being conceiued in originall sin which opiniō was defined in the Councell of Basil Sess 36. and stifly maintained by the Fransciscan family The contrary was as earnestly defended by the Domihicans following the doctrine of Saint Bernard and Saint Thomas This controuersie grew to be so great that they calumniated each other of motall sinne yea of heresie Extrau Com. l. 3. dereliq vener Sanct. c. 2. till such time as Sixtus the fourth put them to silence as appeareth in the Canon law Excommunicantur illi qui affirmant c. They are excommunicated that affirme them to sinne deadly or to be heretikes who defend the blessed mother of God to be conceiued without originall sin In like maner they are excommunicated that affirme them to sin deadly or to be hereticks Cost In Osiād propofit 2. pag. 103. Tolet instr sac l. 3. c. 36. nu 12. Antuor 1603. who hold the contrary The Pope knew saith Costerus that this question neuer appertained to the doctrine of faith And Cardinall Tolet writeth thus Neither part hath bene defined De fide both may be holden without mortall sin although it be much more certaine and truer that she was conceiued without any spot ita nos credimus and so we beleeue Might not trow ye each of these without sin sweare their opinion was true Yes vndoubtedly The like may be that the Pope is aboue a generall Councell as was defined in the Councell of Lateran vnder Leo the tenth taught and beleeued by the greater part of Diuines at this day Which definition of the Councell Costerus maketh doubt whether it were de fide inclining to the negatiue part Cost in Osiād pioposit pag. 282. saying Sed an vt negotium fidei non parum dubitatur Yet notwithstanding this definition and opinion of many learned men besides such others as beleeue and teach a generall Councell to be aboue the Pope are not to be reputed heretickes nor to sin mortally For then are the generall Councels of Constance and Basill to be condemned who defined it so wherein were assembled many very learned Bishops and other great Dolors and likewise the most learned and renowmed Facultie of Paris who art euer ready earnestly to defend it without heresie or sin Excusantur ah haeresi qui aliter sentiunt Coster loeo citato vt schola Parisiensis They are excused from heresie saith Costerus that thinke otherwise to wit then the Councell of Lateran as the schoole of Paris And dare not these sweare trow ye if need were their opinion to be true Tho. More Sir Thomas More likewise in his letter to Cromwell saith Neuer thought I the Pope aboue the generall Councell No doubt but this holy and leaned man would haue sworne if occasion had bene offered that his opinion was true because it was such as he thought So may any in this our case of the Oath of allegiance sweare no lesse truly then they hauing good Authors and all antiquitie for their opinion Many like instances might be here produced of the diuersitie of doctrine betweene S. Thomas and Scotus and their schollers who peremptorily will defend their doctrine against each others yet all agreeing in vnitate fidei but these shall suffice After all this followeth another point no lesse difficult then any of the rest of the Oath that is And I do further sweare that I do from my heart abhorre detest and abiure as impious and hereticall this damnable doctrine and pofition that Princes which be excommunicated or depriued by the Pope may be deposed or murthered by their subiects or any other whatsoeuer Some peraduenture not duly considering what they heare or reade concerning this point of the Oath finding the words Pope and excommunicated perswade themselues assuredly that to take this clause is absolutely to renounce the Pope and denie his power to excommunicate Others of better vnderstanding conceiue rightly that such authoritie is rather presupposed and granted to be in him then denied but to abiure which in this place signifieth to denie with an oath a doctrine as hereticall that is to sweare it is heresie which hath not bene determined or defined by the Church seemeth very hard and vnlawfull to be sworne For answer you shall first vnderstand that a man may abhorre or detest a doctrine as he would detest yea heresie it selfe yet not affirme the doctrine which he so detesteth to be heresie V.g. If any should detest the doctrine of S. Thomas and of the Dominicans Tho. 3. p.q. 27. ar 2. which deny the conception of our B. Lady to be free from originall sin or that of
and was counselled by his Chiefetaine Abisai to kill him saying Conclusit Deus inimicum tuum hodie in manus tuas nunc ergo perfâ—diam eum lancea in terra semel secundò opus non erit God hath this day deliuered thine enemie into thine hands I will now therefore pierce him with a Iance in the earth once and the second time it shall not need Dauid made him answer in this sort charging him not to lay hands on the King to hurt him Ne interficias eum quis enim extendet manum suam in christum Domini innocens erit Kill him not for who or what is he that shall reach out his hand against the annotated of our Lord and shall be innocent It followeth a little after Our Lord be mercifull vnto me saith Dauid that I may not stretch out my hand against the annointed of our Lord. In saying who or what is he and teaching that himselfe who best might could not without offence lay violent hands on King Saul gaue vs instruction that it could not be lawfull for Friar Clement to extend his bloudie hands as he did gainst his true and lawfull Prince the annointed of our Lord and Christ himselfe after commanding Nolite tangere christos meos not to touch his annointed Such kind then of furious zeale of taking the sword is to be detested in any and to be repressed with great seueritie lest way be giuen to euill disposed persons to perturbe yea ruine whole kingdomes and commonwealthes whilest vnder a preposterous zeale they embolden themselues to perpetrate any villany And no lesse dangerous impious it is to say that he did that horrible murther by diuine inspiration for then should be iustified a most wicked Parricide and likewise a gap opened to all miscreants to commit any outragious crueltie against any superiour Prince or King whatsoeuer And so whilest they machinate their mischiefe if this be granted they may cloake it with the mantle of diuine inspiration thinking thereby to passe blamelesse before God and men But who can enter into the secret iudgements of almightie God to know this according to the holy Scripture Quis cognouit sensum Domint aut quis consiliarius eius fuit Who hath knowne the iudgement of our Lord or who hath bene his counsellor This assertion of this truly ignominious and wretched Friars being inspired from God to do so sinful and execrable an outrage is no lesse to be reiected then the former For the righteous God of heauen neither appointed nor excited but onely permitted him to put in practise his diuellish inward suggestions against the sacred person of his dread Soueraigne for causes to man vnknowne as he permitted Adam to fall Iudas to betray his Lord and maister Now touching the Popes oration some make a doubt whether euer any such specially of approuing the Friars act were pronounced by his Holines in Consistorie as hath bene reported and is extant in Anti-Sixtus or no and the rather for that Cardinall Bellarmine in his answer to our clement and most gracious Kings learned Apology writeth Tortus p. 54. edit Colon. that no such oration is extant but only among the enemies of the Church who set forth Anti-Sixtus and therefore is of no credit Neither saith he did any take this oration made in priuate Consistory nor was published by the Pope himselfe or by his order and appointment by any other Whether the enemies of the Church haue set forth the oration made by Pope Sixtus in the Consistorie I know not but this I know that I haue lately seene such a one both in Latin and in French printed according to a copie set forth at Paris 1589. the yeare of the Kings death by Nicholas Niuelle and Rollin Tierry Sur la Copie imprimée à Paris chez Nicholas Niuelle Rollin Tierry soy disans Impromeur Libraire de la sainte Vnion auee Printlege de la dite Vmen apbrobation de la faculté de Theologis de Paris And set forth with approbation of three Doctors of the facultie of Paris as followeth Nous soubsignez Doctours eâ— Theologie de la facultéde Paris certifions auoir conferé Harangue pronontée par sa saintcteté auec l'exemplaire Latin enuoyé de Rome auoir trouué conforme l'vn à l'autre BOVCHER DECREIL ANCELIN Which oration who so is desirous to see may here reade it according to the Latine copie printed as aboue it followeth thus Sixti Quinti Pont. Max. de Henrici Tertij Morte Sermo Romae in Consistorio Patrum habitus 11. Septembris 1589. A Nime meo saepe ac seriò reuoluens mentisque aciem intendens in ea quae nuper Dei voluntate acciderunt videor mihi verè posse illud Prophetae Abacuch vsurpare Abac. 1. Quia opus factum est in diebus vestris quod nemo credet cum narrabitur Mortuus est Rex Francâ—rum per manus Monachi Nam ad istud potest rectè applicari licet de alia re nempe de incarnatione Domini quae omnia mira ac mirabilia superat Propheta propriè locutus sit sicut Apostolus Paulus eadem verba Actorum 13. ad Christi resurrectionem verissimè resert Quando Prophetae nominat opus non vult innuere aliquid vulgare vel ordinarium sed rarum insigne ac memorabile facinus quomodo de creatione mundi Opera manuum tuarum sunt coeli Item Requieuit die septimo ab omni opere quod patrarat Cum berò factum ait eo verbo tale aliquid in Scripturis exprimi quod non temerè casu fortuua aut per accideus euenire dicitur sed quod expressa Dei voluntate pronidentia dispositione ac or dinaâ—ioâ—e obuenis Vt cum dicit Saluator Opera quae ego facio vos facietis maiora horum facietis similia in sacris litteris plurima Quod autem loquatur in praeterito factum esse id more aliorum Prophetarum facit qui propter certitudinem euentus sosent saepe de futuris ac si iam facta essent praedicere Dicunt enim Philosophi res praeteritas esse de necessitate praesentes de inesse futuras de possibili tantùm ita illi loquuntur Propter quam certitudinem Isaias propheta longè antè vaticinatus de morte Christi sic dixit sicut in Act. Apostolorum cap. 8. etiam recitatur Tanquam ouis ad accisionem ductus est sicut agnus coram tondente se non aperuit os suum c. Atque hoc de quo nunc verbafacimus quod his diebus nostris euenit verè insigne menorabile penè incredibile opus est nec sine Dei opt Max. particulari prouidentia dispositione perpetratum Occidit Monachus Regem non pictum aut fictumin charta aut pariete sed Regem Francorum in medio exercitus sui milite cuslodia vndique septum quod re vera tale est co modo effectum
further manifest for that no Magistrate ministring the Oath doth euer interprete the law in that sence or giue charge to any for detecting such So that these are but ridiculous and the cauelling shifts of some to withdraw men from performing their dutie to his Maiestie whereby they cause a confusion and perturbation in the whole realme bring many families to ruine hinder the conuersion of many soules and minister iust occasion vnto the State to suspect little fidelitie in their hearts what faire shew soeuer they make in words Here by reason of such an interpretation made of reuealing and detecting Priests and reconciled persons it shall not be amisse to know how an Oath is to be interpreted and in what sort euery one is to sweare that taketh an oath before a Magistrate Molanns writeth that an oath stretcheth not to things vnlawfull Mola de fide haer ser lib. 2. c. 7. Omne iuramentum iuris interpretatione ad licitatantum non vero ad mala se extendit Euery oath by the interpretation of the law extendeth to lawfull things onely and not to such as are euill The case is most perspicuous and plaine that in the Oath of allegiance it cānot be drawn to be meant of reuealing Priests as Priests not otherwise traitours because it should be extended to that which is to be reputed euill according to the knowne Catholicke Romaine faith which his Maiestie in his learned Apologie professeth no way to prejudice by taking this Oath Marc. 6. When Herod Tetrarch of Galilee sware to giue Herodias daughter what she would aske though halfe his kingdome who will say that it extended to the cutting off S. Iohn Baptists head it being manifestly euill in it self Yea but in this matter of our Oath what if the case be doubtfull Emanuel Sa a Iesuite teacheth you Sa. Apho. verb Interpretatio that in poenis in punishments a milde interpretation is to be made and being doubtfull it is to be interpreted to the better part and more benigne and more probable Then what reason haue these that wil make the case doubtfull to interprete this clause of the Oath not to the better but to the worse and more improbable Now a word or two how an oath is to to be taken before a lawfull magistrate Whosoeuer sweareth to an officer being required eithere sweareth guilefully or without guile which is not to be denied Then saith S. Thomas He who sweareth sincerely without guile Tho. 2.2 q. 89. ar 7. ad 4. Syluest verb. Iuramentū 3. is bound according to the intention of him that sweareth he that sweareth with guile ought to sweare according to the sound vnderstanding of him to whom the oath is made And to this purpose saith Innocentius in Cap. Innocentius Veniens de iureiurando That an oath giuen generally of performing obedience to commandements is so interpreted as it may not be extended but to these things which were thought of or indeed ought to be thought of Which is to be meant of things lawfull Then it followeth a little after And if he that requireth the oath be a Iudge in bona fide requiring it in a lawful case according to the order of law then that taketh place 22. q. 5. to wit Isido li. 2. de sum bo c. 31. Quacunque arte verborum quis iuret Deus tamen qui conscientiae testis est it a hoc accipit sicut ille cui iuratur intelligit With what cunning sort of words soeuer any sweare yet God who is witnesse of the conscience so accepteth it as he before whom the oath is made vnderstandeth and he that wittingly sweareth not according to the intention of him that requireth it sinneth deadly and is periured and is bound to performe it as he vnderstood it This is meant as S. Thomas saith of a guilefull oath and such a one is made guiltie in two sorts for that first he taketh the name of God in vaine and with subtiltie deceiueth his neighbour Hereupon I inferre that to sweare to reueale all treasons and traiterous conspiracies cannot be extended to be meant of Priests Priesthood or reconciling because it was neuer thought of nor ought to be thought of in the Oath Neither is it his Maiesties or his officers intent as I assure my selfe to draw any thereby further then to make profession of their allegiance and not to entangle any mans conscience in matters of faith and religion which is sufficient for iustification of his Maiestie in requiring it and for satisfaction of Catholickes lawfully to take it After all this that hath bene said there remaineth yet one stumbling stone more to be remoued and so I will end which is commonly called Scandall For that some there be that vse to say being pressed with stronger argumēts then they can well answere they could be content to take the Oath as either holding it lawfull or else not able by any important reasons to disproue it vnlesse they borrow some one or all foure of the Catholicke letter deemed to be father Parsons to little purpose were it nor for offending many Chatholicks who are much scandalized at the taking and takers thereof And is it not strange for Christian men professing charitie to take scandall where none is giuen Are not also many other Catholikes no lesse but rather more iustly scandalized at such as refuse it yea and the whole state beside both Nobles and commons together with his Maiestie cannot but rest much scandalized not onely at such persons but also at their religion for their sakes If they will say vnto such as take the Oath as Achab King of Samaria said vnto Elias the Prophet Tunè es ille qui conturbas Israël 3. Reg. 18. Art not thou he that troublest Israël For so some Quorum os maledictione amaritudine plenum est whose mouth is full of malediction and bitternesse haue said in effect Psal 13. That such Priests as haue performed their dutie in taking the Oath of allegiance and sought thereby to pacifie the Kings wrath worthily conceiued against Catholickes for the demerite of a few haue caused a trouble and great perturbation in the Church which vndoubtedly would neuer haue bene say they had all Catholickes and Priests stood constantly against the Oath But such loyall subiects Priests or Laickes may well retort vpon them as Elias did vpon King Achab Non ego tur baui Israël sed tu domus patris tui It is not I that haue troubled Israël but thou and the house of thy father who haue forsaken the commandements of our Lord. It is not such as haue taken the Oath that cause trouble in the Church nor forsake the commandements of our Lord but such Priests and people as wilfully refuse it and perswade others against it to the hazard yea losse of some of their liues and of the lands and goods of others and also of the soules of such as louing more the glorie of men then the