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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A03941	A Nevv-Yeares gift for English Catholikes, or A briefe and cleare explication of the new Oath of Allegiance. By E.I. student in Diuinitie; for a more full instruction, and appeasement of the consciences of English Catholikes, concerning the said Oath, then hath beene giuen them by I.E. student in Diuinitie, who compiled the treatise of the prelate and the prince.	E. I., student in divinitie.; Preston, Thomas, 1563-1640.	1620 (1620)	STC 14049; ESTC S119291	68,467	212

or Successours or any absolution of the said Subiects from their obedience yet he wil beare faith and true allegiance to his Maiestie his Heires and Successours and him and them will defend c. Neuerthelesse the lawfulnesse or iustice of this promissorie Oath supposeth for the principall ground thereof the veritie of the former assertorie Clause and therefore it implieth and vertually containeth a deniall of the Popes authoritie to depriue or depose Princes and to absolue Subiects frō their temporall allegiance for that whosoeuer doth sweare that notwithstanding any sentence of depriuation or absolution of subiects from their obedience made or hereafter to be made by the Pope or his Successours against his Maiestie his Heires or Successours to make this promise iust and lawfull he must consequently deny that the Pope hath Authoritie to depriue Princes or to absolue Subiects from their obedience as Suarez examining this Branch of the Oath doth most clearely demonstrate Suarez in Defens lib. 6. cap. 3. See Widdring against Fitzherbert part 1. cap. 5. For if the sentence of depriuation to be made at any time hereafter against the King his Heires or Successours for any manifest cause or crime whatsoeuer may be iust lawfull and effectuall it is as vnlawfull to take this clause as it is vnlawfull for one to sweare that he will not obey the Popes sentence and commandement which hereafter he shall impose be it neuer so inst and without all errour or default But if this sentence of depriuation at any time hereafter to be made can neuer be iust it must needs follow that the Pope hath no more authoritie to depriue or depose the King his Heires or Successours then he hath authoritie to commit open iniustice 2. Wherefore those thirteene Reuerend Priests who solemnly protested to Queene Elizabeth that notwithstanding any authoritie which words are farre more generall then notwithstanding any sentence of depriuation or any Excommunication either denounced or to be denounced against her Maiestie c. they would yeeld to her Maiestie all obedience in temporall causes would then haue made no difficultie to take this Branch of the Oath and consequently to free themselues from periurie they must also deny the Popes Authoritie to depriue and depose Princes for that the iustice of this Branch implieth supposeth as a chiefe ground thereof a deniall of the Popes authoritie to depriue and depose as Suarez doth most plainely conuince 3. First therefore in this Clause is not denied the Popes power to Excommunicate but onely that Excommunication being a spirituall censure doth not worke this temporall effect as to make Kings no Kings or to depriue them of their Royall right and Soueraigntie and consequently not to absolue Subiects from their naturall allegiance which according to the doctrine of Card. Bellarmine and Suarez they doe by the law of God and Nature owe to their lawfull Prince Bell. in Tract contra Barclaium cap. 21. pag. 202. Suarez in Defens c. lib. 6. cap. 3. nu 6. And thus much his Maiestie hath also in expresse words declared The truth is saith his Maiestie The Kings Maiestie in his Premonition c. pag. 9. that the Lower house of Parliament at the first framing of this Oath made it to containe that the Pope had no power to Excommunicate mee which I forced them to reforme onely making it to conclude that no Excommunication of the Popes can warrant my Subiects to practise against my Person or State denying the deposition of Kings to be in the Popes lawfull power as indeede I take any such temporall violence to be farre without the limits of such a spirituall censure as Excommunication is And also that depriuation or deposition from temporall kingdomes is not an effect of Excommunicatiō Widdrington hath shewed at large heretofore and Becanus and Suarez doe also in expresse words affirme the same Widdrington in his Apologie nu 346. in his Answer to Suarez part 2. sect 4. and in his Answer to Fitzher part 3. cap. 1. Frō hence it is very apparāt saith Becanus Becanus in quest de fide haereticis seruanda ca. 8. nu 16. and in his Controuersia Anglic. cap. 3. qu. 2. that Heretikes by this precisely that they are excommunicated are not depriued of their Dominion or Iurisdiction either ouer their subiects or ouer their temporall goods but this depriuation is a destinct punishment and inflicted by a destinct law And againe It is one thing saith he to excommunicate a King and another thing to depose him or depriue him of his Kingdome neither is the one necessarily connected with the other Many Kings and Emperours haue beene excommunicated and yet not therefore deposed and contrariwise many deposed and yet not therefore excommunicated See also Suarez cited by Widdrington in his Apologie Suarez tom 5. disp 15. sect 6. nu 3. and in his answere to Suarez and Fitzherbert 4. And therefore in very truth I am sorie and doe in some sort pittie the Author of the Prelate and the Prince a man whom heretofo●e I haue much loued respected and honoured that he should so grosly forget himselfe as to bewray so palpably such great want of learning iudgement and sinceritie in affirming so boldly and without any proofe at all Pag. 298. that depriuation of Regall authoritie is an effect of excommunicating Kings and Princes and so in denying the effect the cause is denyed For as saith he if you should say A man is not risibilis that is hath not power to laugh you should deny him to be a man so in denying that the Pope can depriue Princes of their Kingdomes you deny in effect that he can excommunicate Whereas this Authour knew right well that Widdrington in that very Chapter which hee citeth did by the expresse doctrine of Suarez and Becanus but now related cleerely prooue against Lessius who vrged euen as nakedly and without any proofe at all the same obiection that depriuation is no effect at all of Excommunication much lesse proprium quarto modo as risibilis a power to laugh is to a man as this Authour most vnlearnedly affirmeth And yet forsooth he taketh vpon him as it may appeare by the very Title and Inscription of his Treatise to giue a full Instruction and appeasement to the consciences of English Catholikes concerning the Oath of Allegiance But this shall suffice at this present for an imperfect portraying of this Authours want of iudgement and sinceritie in his Explication of the Oath of Allegiance especially if wee consider his person the Office hee now beareth and the doctrine which in former times hee held for that as I am told his perfect Picture both in this and other points is alreadie drawne and will be set forth in liuely colours ere it be long 5. Secondly it is euident by the former Obseruations that those wordes Heires and Successours doe not signifie Vsurpers as some would wrest them contrarie to the meaning of the Law the

Iesu Doctoris Theologi Defensio fidei Catholicae Apostolicae aduersus Anglicanae sectae errores contayning in the third Booke Chap. 23. p. 376. 79 80 82. Chap. 29. p. 410. 11 12 13 14 15 16 17 18 19 20. Chap. 6. pag. 834. Chap. 8. pag. 844. and in other places many propositions contrarie to the Soueraigne powers of Kings ordained and established by God the peace and quietnesse of their States and that it is lawfull for their subiects and strangers to attempt against their persons Conclusions of the Kings Attorney generall All which beeing considered The said Court hath declared and doth declare the propositions and maximes contayned in the saide Booke to bee scandalous and seditious tending to the subuersion of States and to induce the subiects of Kings and soueraign Princes and others to attempt against their sacred persons and the discourses making mention of King Glodoueus and Philip the Faire to be false and slanderous Hath ordayned and doth ordayne the said Booke of Suarez to bee burned in the Court of the Palace by the Executioner of high Iustice Hath made and doth make iniunctions and inhibitions to Stationers and Printers not to print sell or vtter it and to all persons of what qualitie or condition soeuer not to haue copie out keepe teach in Schooles nor in other places nor to dispute the said maximes and propositions It doth ordayne that according to the Arrest made the 8. of Iune 1610. that the Decree of the Theologicall Facultie made the 4. of Iune the same yeare of renewing the doctrinall Censure of the said Facultie made in the yeare 1408. confirmed by the Councell of Constance together with this present Arrest or Decree as also those of the yeare 1578 and 95. bee read every yeare the 4. day of Iune as well in the said Facultie as in the Colledge of the Priest and Schollers of the Colledge of Claremont This Colledge of Claremont is the Iesuites Colledge and of the foure Mendicants And that at the instance of the Kings Attorney generall informations be taken of the transgressions against the said Arrests and Inhibitions bee made against the copying out hauing and keeping the like bookes Made in Parliament the 26. day of Iune 1614. Signed VOISIN Moreouer it is decreed that the Fathers Ignace Armand Rectour in this Citie Cotton Fronton and Sirmund shall be sent for the first day of the Court and it shall be shewed them that contrarie to their declaration and the Decree of their Generall made in the yeare 1610. the Booke of Suarez hath beene printed and brought into this Citie against the authoritie of the King the safetie of his Crowne and State And it shall be enioyned them to cause their Generall to renew the said Decree and that it be published and that they bring in the Act within sixe moneths And that they prouide that no bookes contayning such damnable and pernicious propositions bee hereafter made or published by any of their Societie And that it bee inioyned them to perswade the people by their Preachers the Doctrine contrarie to the said propositions Otherwise the Court wil proceed against the transgressours as against Traytors and perturbers of the publique peace The aforesaide Arrest or Decree and what hath beene decreed was pronounced in the presence of the Fathers Ignace Armand Charles de la Tour who came in place of Father Cotton absent Fronton du Duc and Iames Sirmund And the Arrest was executed before the great Staires of the Pallace the 27. of Iune 1614. A Copie of another Arrest or Decree of the Parliament of Paris wherein the former doctrine of practizing the deposition of Soueraigne Princes is condemned and the former Decrees made against the Bookes of Card. Bellarmine and Suarez are againe confirmed An Arrest or Decree of the Court of Parliament touching the Kings Soueraigntie in Temporals and against the pernicious doctrine to attempt vpon the sacred persons of Kings The place ✚ of the Kings Armes of France and Nauarre At Paris By F. Morel P. Mettayer the Kings Ordinarie Printers and Stationers 1615. Taken out of the Records of the Parliament WHereas the Kings Attourney Generall hath complayned to the Court all the Chambers thereof being assembled that albeit by many Arrests or Decrees heretofore made with great and mature deliberation the Court hath confirmed the Maximes which haue at all times beene held in France and are naturally engrafted to the Crowne That the King doth not acknowledge any Superiour in Temporals of his Kingdome but God alone And that no power or authoritie can rightfully release his Subiect from the Oath of Allegiance and Obedience which they owe to Him nor suspend depriue or depose him from his said Kingdome and much lesse to attempt or to cause to attempt either by publike or priuate authoritie against the sacred persons of Kings Neuerthelesse it hath beene aduertized that by Discourses as well in priuate as in publike many persons doe presume to call in question the said Maximes to dispute of them and to hold them for problematike from whence may arise very many inconueniences which of necessitie must be prouided against and that speedily Hee the said Attourney requesteth that seeing the Court is assembled all businesses set aside it will bee pleased to ordaine that the said Decrees shall be renewed and againe published in all the Benches subiect to the Iurisdiction of this Court to the end that the mindes of all the Kings Subiects of what quality or condition so euer may be kept firme and assured concerning the said Maximes and Rules and for the safetie of the Kings life the publike peace and quietnesse With Inhibitions not to transgresse the same vnder the penalties set downe by the said Arrests And that it be enioyned to all their Substitutes to cause the publication thereof to be made and to certifie the Court within a moneth vnder paine to be depriued of their Offices The Court all the Chambers being assembled hath ordayned and doth ordayne that the Arrests of the 2. Decemb 1561. the 29. Decemb. 1594 the 7. of Ianuarie and the 19. of Iuly 1595. the 27. of May the 8. of Iune and the 26. of Nouemb. 1610. and the 26. of Iune 1614. shall bee kept and obserued according to their forme and tenour Forbidding all persons of what qualitie or condition soeuer to transgresse the same And to this end they shall bee published in the Bayliwikes Stewardships and other Benches subiect to this Court by the care of the Substitutes to the Attourney Generall who shall certifie the Court with in a moneth vnder paine to answere it at their perill Made in Parliament the second of Ianuarie 1615. Signed VOISIN The lawfulnesse of all these Arrests or Decrees is manifest partly by that which hath beene said in this Treatise in the Fourth and Fift Obseruation and in the Second Third and Fift Chapters and more particularly by Widdrington in his Discussion of the Decree of the Lateran Councell against Lessius part 2. sect 9. for that Christian Princes by vertue of their temporall power haue good full authoritie according to the doctrine of Ioannes Parisiensis Ioh. Paris de potest Reg. Pap. c. 21. ad 37. Victoria Victoria Relect. 1. de potest Eccles sec 7. §. octaua propositio Sotus Sotus in 4. dist 29. q. 1. ar 4. Bānes Bannes 2. 2. q 11. ar 4. q. 1. in fine Couerrunias Couerr cap. 35. pract quest which is grounded in manifest reason to forbid the maintayning teaching and publishing not only of hereticall erroneous and false propositions but also of all vnnecessarie doctrines and positions be they neuer so probable as the teaching and publishing of the same is dangerous to the Crownes and liues of temporall Princes and tendeth to the subuersion of the State and to the disturbance of the publike peace in the Ciuill Common-wealth whereof the Prince hath charge and to punish with temporall punishments the teachers maintayners and publishers of such dangerous and seditious doctrines Haec omnia Ecclesiae Catholicae indicio subiecta sunto FINIS Page Line Faults corrected 8. 13. would would not 35. 4. at first at the first 71. 16. Authors Authour 87. 27. or vnlawfull or lawfully 133. 20. bound bound 144. 16. bound bound 146. 10. dipose dispose 187. 1. and to be and be 191. 4. Deputies Deputies

crying out to them to take heede be not only partakers of their spirituall harme but doe also cooperate to their temporall ruine and so haue cause to rue your silence and to cry out your selues when it is too late Vae mihi quia tacui Woe is mee because I haue held my peace Isa 6. But if perchance any of you who in your consciences thinke the Oath to be lawfull should for some worldly respect which God forbid cry out against the takers or approouers thereof this were not only to sin most damnably against your owne consciences but also in some sort against the Holy Ghost and to impugne that which in your soules and consciences you thinke and acknowledge to bee true which how hardly it is forgiuen either in this World or the next Mat. 12. our Sauiour himselfe doth expresly witnesse 4. Lastly those Priests that in their consciences thinke the Oath to be vnlawfull and thereupon do not only giue warning to those whom they haue taken vpon them to guide and direct to take heede and beware of the spirituall danger which they thinke will arise by taking the same but also in their zeale do cry out against their Catholike Brethren who either doe take the Oath or thinke it to be lawfull as Apostates from the Catholike Faith and Religion and disobedient children to the Pope and Church giuing the like occasion to others to cry out against them as Apostates from their naturall Allegiance and disobedient disloyall Subiects to their temporall Prince it behoueth them most of all to looke to themselues and according to the admonition which Card. Bellarmine vpon occasion of relating the fearefull death of Pope Innocentius the III. giueth to Prelates and Pastours Bellar. de ge●…itu columbae lib. 2. cap. 9. to examine all the secrets of their consciences most exactly lest perchance it bee erroneous albeit to them it seeme to be sound iust and that their zeale albeit to them selues seeme pure and according to knowledge bee not blind and grounded vpon wilfull or culpable ignorance like that which the Iewes had in crucifying our Sauiour and Saint Paul when he was Saul in persecuting his Disciples who thought thereby to doe God great seruice 5. And truly if their Zeale were hurtfull to none but to themselues they would doubtlesse be the more excusable but considering how preiudiciall it is both to his Maiesties honour and also to his temporall Soueraigntie how scandalous it is to Catholicke Religion and how iniurious it is to their Catholike brethren not inferiour to themselues in vertue and learning whom they seeke to disgrace and to make odious to all Catholickes epecially to their benefactors and friends and so by taking from them their good names and maintenance to bring them into extreame want and miserie and as much as in them lyeth into manifest desperation for which they are one day to render a most strict account they haue great cause to examine their consciences narrowly and carefully to consider vpon what assured grounds they can excuse themselues at the dreadfull day of Iudgement for taking such scandalous iniurious and vncharitable courses both against their Soueraigne Prince whom next vnder God they are bound to honour and obey in temporals and also against their Catholicke brethren who not onely are as learned and religious as themselues but also haue examined this important controuersie and all the danger both spirituall and temporall that dependeth thereon as diligently if not farre more then they themselues haue done 6. To the end therefore that all of you my deare Countrimen may examine your consciences in this poynt of the Oath more easily and eactly and be more fully instructed therein then you haue beene by I. E. the Authour of the Prelate and the Prince who if the common rumour bee true will heare shortly with shame enough what goodly Instructions he hath giuen you I haue out of Roger Widdringtons expresse doctrine and grounds collected this little Treatise which for that it was finished this first day of the yeare I am bould to present it to your Charities for a New-yeares-gift as a small token of the great desire I haue both of your spirituall and temporall welfare And my onely request is that you will bee pleased to read it as I hope you will it beeing neither so prolixe but that in some few houres you may mane it ouer nor so obscure but that any man of meane capacitie may vnderstand it and after you haue read it to iudge thereof accordingly And if I shall heare that you haue reaped any benefit thereby I shall thinke my paines exceeding well bestowed but howsoeuer I shall not thinke my labour lost by giuing you this euident token of my loue for that the loue and dutie I owe to my Prince and Countrie to the Catholicke Religion and to you my deare Catholick brethren and aboue all to God Almightie the Author of all truth yea truth it selfe and who will in due time render to euerie man according to his workes Rom. 2. hath for the defence of a necessarie truth moued mee to take this paines And so with my best wishes I bid you heartily farewell hoping that you will bee wise and not be transported with a blind and intemperate zeale towards Prince or Prelate but that you will bee carefull to feare God to honour the King and without all partialitie to render to God and Caesar and consequently to Popes and Princes that which is their due A Copie of the new Oath of Allegiance deuided into eight Branches as it is in this Treatise explayned 1. I A.B. doe truely and sincerely acknowledge professe testifie and declare in my conscience before God and the World That our Soueraigne Lord King Iames is lawfull and rightfull King of this Realme and of all other his Maiesties Dominions and Countries 2. And that the Pope neither of himselfe nor by any authoritie of the Church or See of Rome or by any other meanes which any other hath any Power or Authoritie to depose the King or to dispose any of his Maiesties Kingdomes or Dominions or to authorize any forraigne Prince to inuade or annoy Him or his Countries or to discharge any of his Subiects of their Allegiance and Obedience to his Maiestie or to giue license or leaue to any of them to beare Armes rayse Tumults or to offer any Violence or hurt to his Maisties Royall Person State or Gouernment or to any of his Maiesties Subiects within his Maiesties Dominions 3. Also I doe sweare from my heart that notwithstanding any Declaration or Sentence of Excommunication or Depriuation made or granted or to be made or granted by the Pope or his Successours or by any Authoritie deriued or to be deriued from him or his See against the said King his Heires or Successours or any absolution of the said Subiects from their Obedience I will beare Faith and true Allegiance to his Maiestie his Heires and