Wee most humbly beseech Her Maiestie that in this our recognizing and yeilding Caesars due vnto Her wee may also by Her Gracious leaue be permitted for auoyding Obloquie and Calumnies make knowne by like publike Act that by yeilding Her right vnto Her wee depart from no bond of that Christian Dutie which we owe vnto our Supreme spirituall Pastour And therefore wee acknowledge and confesse the Bishop of Rome to be the Successour of Saint Peter in that See and to haue as ample and no more Authoritie or Iurisdiction ouer vs and other Christians then had that Apostle by the gift and commission of Christ our Sauiour and that Wee will obey him so farre forth as we are bound by the Lawes of God to doe which we doubt not but will stand well with performance of our Duty to our Temporall Prince in such sort as we haue before professed For as we are most ready to spend our bloud in the defence of Her Maiestie and our Country so we will rather lose our liues then infringe the lawfull authoritie of Christs Catholike Church William Bishop Iohn Colleton Iohn Mush Robert Charnocke Iohn Bosseuile Anthonie Hebborne Roger Cadwallader Robert Drury Anthony Champney Iohn Iackson Francis Barneby Oswald Needham Richard Button This Protestation of the thirteene Catholike Priests to which a great number more would haue subscribed if the Articles which those Priestes gaue vp to the State had beene returned them backe but some few dayes before the end of the time prefixed to them by the Proclamation to make known to the State their Allegiance was the ground and foundation from whence the Parliament as the Lord Archbishop of Canterburie D. Bancroft told a friend of mine framed the forme of this new Oath of Allegiance as agreeable to the doctrine which any Catholike subiect according to the grounds of true Catholike Religion might lawfully maintaine to make thereby a true distinction not betweene Protestants and Catholikes but betweene ciuilly obedient Catholikes and in all other things good Subiects and such other Catholikes as in their hearts maintained the like violent bloodie maximes that the Powder-Traitours did See beneath in the third Obseruation And doubtlesse whosoeuer will compare the new Oath and their Protestation together and doe withall consider that Queene Elizabeth was long before that time depriued of all Regall power authoritie dignitie and Iurisdiction by the Bull of Pius Quintus and also obserue vpon what assured grounds and principles those Priests could lawfully acknowledge her Maiesty to haue as full Authority Power and Soueraignty ouer them and all the Subiects of this Realme as any Her Predecessours euer had and also could lawfully promise that they would yeild to Her Maiestie all Obedience in Temporall Causes notwithstanding any authority or any Excommunication whatsoeuer denounced or to be denounced against Her Maiestie or Her Subiects as is aforesaid he will cleerly perceiue that their Protestation is all one in effect and substance with this new Oath of Allegiance and that the only difference betwixt them is that in the Oath the Popes authority to depose the King c. is expresly and in plaine wordes denyed and in their Protestation the deniall thereof is only couertly vertually and by a necessary consequence implyed notwithstanding all the euasions tergiuersations turnings windings sayings and vnsayings which any one of these Priests if for some worldly respect or other motiue hee should now repent him of what he had done could to excuse himselfe from Periurie possibly vse or inuent A Copie of Master Iohn Colletons Petition to the Lord Archbishop of Canterburies Grace wherein hee confirmeth his former Protestation many yeeres after the new Oath of Allegiance was established IF your Grace and the State saw the present affections of my heart and were pleased to looke on my carriages past neyther trouble some or vnrespectiue I hope the fauour I am to desire albeit it may seeme extraordinary yet the same could not altogether be deemed vnworthily extended The voluntarie and free Recognition I made in the late Queenes Reigne as it then sufficed and is now extant in print so doth it still witnesse the readinesse of my professed Allegiance in all Secular and Ciuill affaires Neither haue I bin am now or by Gods grace euer shall be otherwise affected then in like sort to acknowledge his Maiestie that now gouerneth for my lawfull Dread Soueraigne obey in all Politicall administration and defend his sacred Person Crowne and Dominions to the vttermost of my power against all enemies of what place and calling soeuer The commiseration I most humbly beseech your Grace to take of my aged yeeres accompanied with sundrie infirmities is to stand so good Lord vnto me as to enlarge me vpon sufficient securitie for my appearance before your Honour at the time your Lordship shall thinke fit to assigne An euident meane of lengthing my life beside the easing of the heauy charge my imprisonment imposeth I would very gladly haue beene herein my owne Sollicitour in person but that I hold the boldnesse greater in respect of my disgracefull state then I durst to aduenture on without your Lordships good liking thereunto first vnderstood 26. of March 1610. Your Graces most suppliant Petitioner IOHN COLLETON A Copie of the Declaration and Acknowledgement which Master Iames Houghton alias Thomas Green a Religious Priest of the Order of Saint Benedict and professour of Dininitie made vnder his owne hand writing to the Lord Bishop of Durham the first of Nouember 1619. touching his opinion of the Oath of Allegiance Iames Houghton alias Thomas Green his opinion touching the Oath of Allegiance 1 FIrst I do ingenuously confesse that his Maiestie had very iust cause by occasion of that most trecherous plot of the Gunpowder-Treason to propose to all his Subiects English Catholikes 〈◊〉 Oath of ciuill fidelitie and obedience due vnto Kings both by the Lawes of God and Nature and that in most effectuall and peremptory termes for tryall of their fidelity and loyalty to Hâ—… Maiestie their true Soueraigne Lord and King 2. Secondly it seemeth to me that the Church had done her dutie if she had shewed her dislike of that odious practice of the Gun-powder-Treason by some publike declaration in detestation thereof both for his Maiesties satisfaction and for the confirmation of his Catholike Subiects in their fidelity and allegiance vnto Him 3. Thirdly I doe ingenuously confesse that to me it seemeth most true that the doctrine which approueth murthering of Kings by their owne Subiects or any else is both damnable and hereticall yea though it be in casu Apostasiae a fide aut Infidelitatis in case of Apostasie from faith or of Infidelitie 4. Fourthly I do ingenuously grant that it seemeth to mee in my priuate iudgement that there is nothing in the Oath but that it may according to Roger Widdrington his Glosse and Exposition be lawfully taken of English Catholikes His Maiesties Subiects though some both Learned and Religious hold
or Successours or any absolution of the said Subiects from their obedience yet he wil beare faith and true allegiance to his Maiestie his Heires and Successours and him and them will defend c. Neuerthelesse the lawfulnesse or iustice of this promissorie Oath supposeth for the principall ground thereof the veritie of the former assertorie Clause and therefore it implieth and vertually containeth a deniall of the Popes authoritie to depriue or depose Princes and to absolue Subiects froÌ„ their temporall allegiance for that whosoeuer doth sweare that notwithstanding any sentence of depriuation or absolution of subiects from their obedience made or hereafter to be made by the Pope or his Successours against his Maiestie his Heires or Successours to make this promise iust and lawfull he must consequently deny that the Pope hath Authoritie to depriue Princes or to absolue Subiects from their obedience as Suarez examining this Branch of the Oath doth most clearely demonstrate Suarez in Defens lib. 6. cap. 3. See Widdring against Fitzherbert part 1. cap. 5. For if the sentence of depriuation to be made at any time hereafter against the King his Heires or Successours for any manifest cause or crime whatsoeuer may be iust lawfull and effectuall it is as vnlawfull to take this clause as it is vnlawfull for one to sweare that he will not obey the Popes sentence and commandement which hereafter he shall impose be it neuer so inst and without all errour or default But if this sentence of depriuation at any time hereafter to be made can neuer be iust it must needs follow that the Pope hath no more authoritie to depriue or depose the King his Heires or Successours then he hath authoritie to commit open iniustice 2. Wherefore those thirteene Reuerend Priests who solemnly protested to Queene Elizabeth that notwithstanding any authoritie which words are farre more generall then notwithstanding any sentence of depriuation or any Excommunication either denounced or to be denounced against her Maiestie c. they would yeeld to her Maiestie all obedience in temporall causes would then haue made no difficultie to take this Branch of the Oath and consequently to free themselues from periurie they must also deny the Popes Authoritie to depriue and depose Princes for that the iustice of this Branch implieth supposeth as a chiefe ground thereof a deniall of the Popes authoritie to depriue and depose as Suarez doth most plainely conuince 3. First therefore in this Clause is not denied the Popes power to Excommunicate but onely that Excommunication being a spirituall censure doth not worke this temporall effect as to make Kings no Kings or to depriue them of their Royall right and Soueraigntie and consequently not to absolue Subiects from their naturall allegiance which according to the doctrine of Card. Bellarmine and Suarez they doe by the law of God and Nature owe to their lawfull Prince Bell. in Tract contra Barclaium cap. 21. pag. 202. Suarez in Defens c. lib. 6. cap. 3. nu 6. And thus much his Maiestie hath also in expresse words declared The truth is saith his Maiestie The Kings Maiestie in his Premonition c. pag. 9. that the Lower house of Parliament at the first framing of this Oath made it to containe that the Pope had no power to Excommunicate mee which I forced them to reforme onely making it to conclude that no Excommunication of the Popes can warrant my Subiects to practise against my Person or State denying the deposition of Kings to be in the Popes lawfull power as indeede I take any such temporall violence to be farre without the limits of such a spirituall censure as Excommunication is And also that depriuation or deposition from temporall kingdomes is not an effect of ExcommunicatioÌ„ Widdrington hath shewed at large heretofore and Becanus and Suarez doe also in expresse words affirme the same Widdrington in his Apologie nu 346. in his Answer to Suarez part 2. sect 4. and in his Answer to Fitzher part 3. cap. 1. FroÌ„ hence it is very apparaÌ„t saith Becanus Becanus in quest de fide haereticis seruanda ca. 8. nu 16. and in his Controuersia Anglic. cap. 3. qu. 2. that Heretikes by this precisely that they are excommunicated are not depriued of their Dominion or Iurisdiction either ouer their subiects or ouer their temporall goods but this depriuation is a destinct punishment and inflicted by a destinct law And againe It is one thing saith he to excommunicate a King and another thing to depose him or depriue him of his Kingdome neither is the one necessarily connected with the other Many Kings and Emperours haue beene excommunicated and yet not therefore deposed and contrariwise many deposed and yet not therefore excommunicated See also Suarez cited by Widdrington in his Apologie Suarez tom 5. disp 15. sect 6. nu 3. and in his answere to Suarez and Fitzherbert 4. And therefore in very truth I am sorie and doe in some sort pittie the Author of the Prelate and the Prince a man whom heretofoâ—e I haue much loued respected and honoured that he should so grosly forget himselfe as to bewray so palpably such great want of learning iudgement and sinceritie in affirming so boldly and without any proofe at all Pag. 298. that depriuation of Regall authoritie is an effect of excommunicating Kings and Princes and so in denying the effect the cause is denyed For as saith he if you should say A man is not risibilis that is hath not power to laugh you should deny him to be a man so in denying that the Pope can depriue Princes of their Kingdomes you deny in effect that he can excommunicate Whereas this Authour knew right well that Widdrington in that very Chapter which hee citeth did by the expresse doctrine of Suarez and Becanus but now related cleerely prooue against Lessius who vrged euen as nakedly and without any proofe at all the same obiection that depriuation is no effect at all of Excommunication much lesse proprium quarto modo as risibilis a power to laugh is to a man as this Authour most vnlearnedly affirmeth And yet forsooth he taketh vpon him as it may appeare by the very Title and Inscription of his Treatise to giue a full Instruction and appeasement to the consciences of English Catholikes concerning the Oath of Allegiance But this shall suffice at this present for an imperfect portraying of this Authours want of iudgement and sinceritie in his Explication of the Oath of Allegiance especially if wee consider his person the Office hee now beareth and the doctrine which in former times hee held for that as I am told his perfect Picture both in this and other points is alreadie drawne and will be set forth in liuely colours ere it be long 5. Secondly it is euident by the former Obseruations that those wordes Heires and Successours doe not signifie Vsurpers as some would wrest them contrarie to the meaning of the Law the
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 geâ—…itu columbae lib. 2. cap. 9. to examine all the secrets of their consciences most exactly lest perchance it bee erroneous albeit to them it seeme to be sound iust and that their zeale albeit to them selues seeme pure and according to knowledge bee not blind and grounded vpon wilfull or culpable ignorance like that which the Iewes had in crucifying our Sauiour and Saint Paul when he was Saul in persecuting his Disciples who thought thereby to doe God great seruice 5. And truly if their Zeale were hurtfull to none but to themselues they would doubtlesse be the more excusable but considering how preiudiciall it is both to his Maiesties honour and also to his temporall Soueraigntie how scandalous it is to Catholicke Religion and how iniurious it is to their Catholike brethren not inferiour to themselues in vertue and learning whom they seeke to disgrace and to make odious to all Catholickes epecially to their benefactors and friends and so by taking from them their good names and maintenance to bring them into extreame want and miserie and as much as in them lyeth into manifest desperation for which they are one day to render a most strict account they haue great cause to examine their consciences narrowly and carefully to consider vpon what assured grounds they can excuse themselues at the dreadfull day of Iudgement for taking such scandalous iniurious and vncharitable courses both against their Soueraigne Prince whom next vnder God they are bound to honour and obey in temporals and also against their Catholicke brethren who not onely are as learned and religious as themselues but also haue examined this important controuersie and all the danger both spirituall and temporall that dependeth thereon as diligently if not farre more then they themselues haue done 6. To the end therefore that all of you my deare Countrimen may examine your consciences in this poynt of the Oath more easily and eactly and be more fully instructed therein then you haue beene by I. E. the Authour of the Prelate and the Prince who if the common rumour bee true will heare shortly with shame enough what goodly Instructions he hath giuen you I haue out of Roger Widdringtons expresse doctrine and grounds collected this little Treatise which for that it was finished this first day of the yeare I am bould to present it to your Charities for a New-yeares-gift as a small token of the great desire I haue both of your spirituall and temporall welfare And my onely request is that you will bee pleased to read it as I hope you will it beeing neither so prolixe but that in some few houres you may mane it ouer nor so obscure but that any man of meane capacitie may vnderstand it and after you haue read it to iudge thereof accordingly And if I shall heare that you haue reaped any benefit thereby I shall thinke my paines exceeding well bestowed but howsoeuer I shall not thinke my labour lost by giuing you this euident token of my loue for that the loue and dutie I owe to my Prince and Countrie to the Catholicke Religion and to you my deare Catholick brethren and aboue all to God Almightie the Author of all truth yea truth it selfe and who will in due time render to euerie man according to his workes Rom. 2. hath for the defence of a necessarie truth moued mee to take this paines And so with my best wishes I bid you heartily farewell hoping that you will bee wise and not be transported with a blind and intemperate zeale towards Prince or Prelate but that you will bee carefull to feare God to honour the King and without all partialitie to render to God and Caesar and consequently to Popes and Princes that which is their due A Copie of the new Oath of Allegiance deuided into eight Branches as it is in this Treatise explayned 1. I A.B. doe truely and sincerely acknowledge professe testifie and declare in my conscience before God and the World That our Soueraigne Lord King Iames is lawfull and rightfull King of this Realme and of all other his Maiesties Dominions and Countries 2. And that the Pope neither of himselfe nor by any authoritie of the Church or See of Rome or by any other meanes which any other hath any Power or Authoritie to depose the King or to dispose any of his Maiesties Kingdomes or Dominions or to authorize any forraigne Prince to inuade or annoy Him or his Countries or to discharge any of his Subiects of their Allegiance and Obedience to his Maiestie or to giue license or leaue to any of them to beare Armes rayse Tumults or to offer any Violence or hurt to his Maisties Royall Person State or Gouernment or to any of his Maiesties Subiects within his Maiesties Dominions 3. Also I doe sweare from my heart that notwithstanding any Declaration or Sentence of Excommunication or Depriuation made or granted or to be made or granted by the Pope or his Successours or by any Authoritie deriued or to be deriued from him or his See against the said King his Heires or Successours or any absolution of the said Subiects from their Obedience I will beare Faith and true Allegiance to his Maiestie his Heires and
being put out of that which they really and bona fide doe possesse And doubtlesse most miserable were the state of all men that possesse any thing of worth and much more of Princes if vpon a title which some learned mâ—n may in speculation approoue it were lawfull to inuade their possessions before a lawfull Iudge and who is certainly knowne so to bee hath decided and determined the title or controuersie To preuent which mischiefe all Natitions being guided herein by the light of naturall reason haue agreed in this manifest principle that it is open iniustice to put any man out of his possession vpon any title which is not most certaine and free from all controuersie vntill a lawfull and vndoubted Iudge hath decided the matter I said a lawfull and vndoubted Iudge for if it be doubtfull vncertaine and questionable whether he be a lawfull and competent Iudge to determine that cause his decision cannot be sufficient to end the controuersie For which cause the Pope is not to bee accounted a lawfull and competent Iudge to decide this question concerning his owne pretended authoritie to depriue Princes for that it is a controuersie among learned Diuines and approued by very many as Pope Adrian the Cardinaell of Cambray the Cardinall Cusanus the Cardinall Panormitan the Cardinall of Florence Master to Panormitan Iohn Patriarch of Antioch Abulensis Ioannes Parisiensis Ioannes Gerson Iohn Maior Almaine and almost all the Vniuersitie of Paris cited by Widdrington Widdring in the discouerie of D. Schulkeuius slanders §. 7. that the Pope is not a competent Iudge to decide or define infallibly any doctrinall point and much lesse in his owne cause without a true and vndoubted generall Councell and therfore although he should hereafter as yet he hath not attempt to define and decide this question his decision could not end the controuersie nor giue sufficient warrant to any man to practize the deposition of Princes vpon so doubtfull vncertaine and questionable power or title 3. Neuerthelesse it behooueth temporall Princes to be very carefull that their titles to the Dominions which they lawfuly possesse be not so much as speculatiuely or only for Disputation sake disputed pro and contra by learned men least that some ignorant or turbulent spirits which either doe not know or of set purpose to colour their practices vnder a pretence of a probable title will not take notice of the manifest difference betwixt speculation and practice may take occasion thereby to disturbe the publike peace and to molest annoy or to offer any violence or hurt to their Royall Persons States or Gouernment For which cause the Parliament of Paris hath with great wisdome and reason oftentimes by publike Edicts ordained See beneath in the end of this Treatise some of these Decrees that the doctrine of deposing their Kings should not bee so much as taught and maintayned to bee probable or problematike that occasion be not giuen to seditious spirits who know not or will not take notice of the difference betwixt speculation and practice to attempt vnder pretence of a probable title any violence against the Crowns or sacred Persons of their Kings And the reason is manifest for that the temporall Common-wealth hath good and full authoritie to forbid the teaching and publishing of any doctrine which is not necessarie whereby probable danger to the Crownes and liues of temporall Princes and perturbations in the Common-wealth may arise 4. First therefore by those words of this Branch nor by any other means with any other it is euident that the Parliament which representeth the whole bodie of the Kingdome or Common-wealth did not intend to meddle with the authoritie which the whole Kingdome or Common-wealth may according to the opinion of some Doctors pretend to haue in some cases ouer their soueraign Prince as Lessius and others whom the Authors of the Prelate and the Prince doth seeme to follow doe idly obiect And although the meaning of those words were to deny that the whole Kingdome or Common-wealth hath no authoritie to depose their King yet considering that it is also a probable doctrine approued by many learned Catholike Diuines and Lawyers cited by Widdrington Widdr. in Apolog nu 111. and in his Answere to Fitz-herb part 3. cap. 11. nu 36. 37. that the Common-wealth hath no such authority it is also lawful for any man of what opinion soeuer hee bee in speculation concerning this authoritie of the CoÌ„monweath to acknowledge and sweare that the Common-wealth hath no more authoritie to depose the King that is to practize his deposition then she hath to commit open iniustice But the true meaning of His Maiestie and the Parliament is as the words themselues doe plainely signifie only to deny the Popes authoritie to depose c. to wit that the Pope neither of himselfe that is neither as a sole and totall cause nor by any authoritie c. that is neither as an Instrument or Minister of the Church or See of Rome nor by any other meanes with any other that is nor as a principall or true and proper partiall cause or Agent hath any authoritie to depose the King c. 5. Neither by those wordes or to authorize any forraigne Prince to inuade or annoy Him or His Countries did His Maiestie and the Parliamenâ— intend to denie the authoritie which temporall Princes may haue in somâ— cases to make warre against their neighbour Princes and consequently against His Maiestie if he should giue them iust cause of warre yet euer obseruing that no probable power cause or title can bee a sufficient ground to punish any Prince or to inuade His Countries but as the expresse words do plainly shew only to deny the Popes authoritie to authorize any forraigne Prince to inuade or annoy Him or His Countries because all the authoritie which temporall Princes haue to make warre or to inuade the Kingdome of an other Prince for what cause crime or end so euer it bee is deriued from their temporall Soueraigntie grounded vpon the Law of Nature or Nations not from the Popes authoritie And likewise all the authority which the temporall Common-wealth may pretend to haue in some cases to rise vp in Armes against their Prince is not deriued from the Popes warrant license or authoritie but if there be any such power from the Law of Nature And therefore with great reason this Clause denyeth in the Pope all power and authoritie to authorize any forraigne Prince to inuade or annoy His Maiestie or his Countries or to giue license or leaue to any of his subiects to beare Armes rayse Tumults or to offer any violence or hurt to His Maiestis Royall Person State or GouernmeÌ„t because although they shuld haue any such authoritie leaue or licence wherewith His Maiestie and the Parliament would not in this Oath intermeddle they haue it not from the Pope but from the Law of Nations or Nature 6. Secondly in this Branch is not
now in controuersie did not consider some Reason Law or Decree which hath great force against their opinion but contrariwise that the later Doctors being conuinced with that Reason Law or Decree doe now defend the contrarie opinion If therfore a learned man seeing that Law or Decree or considering that new reason doth defend the opinion of the later Writers against the ancient hee cannot follow in practice the opinion of the ancient Writers against his owne opinion or which is all one by reason of their authoritie and approbation because the opinion of the ancient who haue not seene or considered that Decree or Reason ought not now to be accounted probable And therefore Widdrington defining probable to bee that which is approued by learned and skilfull men for the better vnderstanding and explication of the last words he added who haue seene and examined the difficultie for if they haue not seene and considered that particular difficultie and controuersie they cannot bee accounted learned and skilfull therein 11. Now the particular difficulty and controuersie concerning this point and which those Popes and Doctours mentioned in the obiection did not consider and examine is whether supposing it to bee now a controuersie and to be apptooued by learned Catholikes that the Pope hath no authoritie to depriue Princes it be not open iniustice in the Pope to depriue Princes of their Kingdomes and Dominions which they really and bona fide doe possesse And therefore vnlesse it can bee conuinced that it is not at this day a controuersie among learned Catholikes whether the Pope hath authoritie to depriue which is as hard a matter as to proue that the Sunne doth not giue light at noone daies or else that it is lawfull vpon a doubtfull vncertaine controuersed probable power or title to thrust by violence any man out of that which heeactually and bona fide possesseth the practice of deposing Princes vnder pretence of the probability of the Popes power to depriue Princes cannot bee accounted probable to any learned man so much as to excuse him in conscience and in the sight of God from formall sinne and iniustice 12. But to conclude with this Obseruation which I wish you Deare Countremen diligently to consider That howsoeuer any Subiect concurring in practice with the Pope to the deposing of his lawfull Soueraigue Prince may vnder pretence of some probabilitie of the doctrine to depose Princes by the Popes authoritie perswade himselfe that hee is excused from sinne and formall Treason in his conscience and before the sight of God wherewith Princes not knowing the secrets of mens hearts but leauing them to the iudgement of God doe not intermeddle in their Tribunals yet considering these two things The first that it is most certayne and out of all controuersie that hee is excused in conscience and before the sight of God from all sinne and offence in defending his lawfull Prince who is in possession and in resisting such inuasions and depositions which are grounded only vpon a probable power and title whereas hee cannot with any reason assuredly perswade himselfe that hee is secure in conscience by taking part with the Pope against his Prince who is in possession of his Crowne The Second that it is also most certaine and out of all controuersie that hee may iustly in taking the Popes part against his Prince being inuaded and depriued vnder pretence of a probable power and title although in very deed the power and title were neuer so probable bee accused and condemned both in the Secular and also Ecclesiasticall Court of the Prince inuaded of open and manifest Treason and as a manifest Traitour be deseruedly put to death for that it is open iniustice in the Pope saith the Authour of the Prelate and the Prince to depriue a Prince of his Kingdome to which hee hath probable right and withall possession and consequently it is open Treason in the Subiect to take part with the Pope in that case against his rightfull Prince These two things I say being duly considered I thinke those Subiects to bee starke mad and senslesse and to haue neither the feare of God nor Man before their eyes that can be drawne to approue such damnable practices and consequently neither the doctrine grounds and principles thereof or to concurre with the Pope to the deposing and dispossessing of their Soueraigne Prince vnder pretence of a power title and clayme which euen in speculation and abstracting from practice can bee at the most but probable And so recommending to your prudent considerations this my serious and sincere aduertisement I make an end and request you euer to haue in minde that which I said in the beginning and cannot too often repeate Feare God Honour the King Render to God and Caesar and consequently to Popes and Princes that which is their due 1. Pet. 2. Mat. 22. A Copie of the Oath of Allegiance or the First Article which the Lower House of Parliament wherein of 200. Deputies for the Third Estates were but sixe Protestants propounded to the French King to haue established for a fundamentall Law in the generall Assembly of the three Estates holden at Paris in the yeere 1614. The First Article of the Third Estates taken out of a Booke intituled Apologie de l'Article primier du Tiers Estat pag. 4. THat to stay the course of that pernitious dostrine which some years since hath been broached against Kings and Souereigne powers established by God by seditious spirits who attend only to disturbe and subuert the same Supplication may bee made to the King that hee will cause to bee decreed in the Assemblie of these Estates for a fundamentall Law of the Realme That for as much as hee is acknowledged Soueraigne in his Estate nor houlding his Crowne but from God alone There is not any power on Earth whatsoeuer it be Spirituall or Temporall which hath any right ouer his Kingdome to depriue the sacred persons of our Kings nor to dispence or absolue for any cause or pretence whatsoeuer their Subiects from the Allegiance and obedience which they owe to them That all the Subiects of what qualitie or condition soeuer they be shall hould this Law for holy and true as agreeable to the Word of God without distinction equiuocation or limitation whatsoeuer Which shall be sworne and signed by all the Deputies of the Estates and from henceforth by all that haue Benefices or offices in the Kingdome before they enter into possession of their Benefices and bee admitted into their Offices That all Masters Regents Doctors and Preachers shall bee bound to teach and publish that the contrarie opinion to wit that it is lawfull to kill and depose our Kings to rise vp and rebell against them to shake of the yoake of their obedience for any occasion whatsoeuer is impious detestable and contrarie to truth and against the establishment of the State of France which dependeth immediatly on none but God That all Bookes which doe teach