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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A14777	A moderate defence of the Oath of Allegiance vvherein the author proueth the said Oath to be most lawful, notwithstanding the Popes breues prohibiting the same; and solueth the chiefest obiections that are vsually made against it; perswading the Catholickes not to resist souerainge authoritie in refusing it. Together with the oration of Sixtus 5. in the Consistory at Rome, vpon the murther of Henrie 3. the French King by a friar. Whereunto also is annexed strange reports or newes from Rome. By William Warmington Catholicke priest, and oblate of the holy congregation of S. Ambrose.	Warmington, William, b. 1555 or 6.; Sixtus V, Pope, 1520-1590. De Henrici Tertii morte sermo. English.	1612 (1612)	STC 25076; ESTC S119569	134,530	184

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 quàm 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

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

to obey the Popes prohibition of this Oath of allegiance Pag. 44. A boy vnder age hanged in Rome Pag. 46. A nephew of old Nauarre the Canonist by the Popes commandement hanged in hast Ibid. Card. Mendoza depriued of his Deanry of Toledo by force Pag. 47. A Gentleman of Card. Farnesius put to death by Pope Clement Pag. 8. 48. The opinion of some ouermuch deuoted to the obedience of the Pope Pag. 50. Obedience due to all superiors yet is their power contained within certaine limits Pag. 51. Ecclesiasticall and ciuill power both immediate from God both distinct and independant of each other Pag. 53. A superior yea the Pope in diuers cases may be disobeyed without sinne Pag. 57. The Breues of Paulus 5. prohibiting the Oath of allegiance may be not obeyed without sinne Pag. 59. Many euils ensue vpō obeying the Pope in this case of the Oath Pag. 60. A cōmandement vpon error of wrong information bindeth not Pag. 62. The Popes bare precept not alway sufficient to cause men to hazard their temporall states Ibid. Cases not doubtfull but manifest as is this of the Oath need no solution from the Pope Pag. 63. Subiects bound to obey all iust lawes of their temporall Princes Pag. 64. The law of the Oath of allegiance iust Pag. 65. The Kings Maiestie in setting forth this Oath hath not exceeded his limits Pag. 66. All lawfull Kings be they heathens or heretickes are to be obeyed by their subiects in temporals Pag. 68. That the Pope or Church do permit euill Princes to reigne a strange phrase Pag. 70. The place of S. Paul Omnis anima to be vnderstood principally of subiection to secular power Pag. 72. The material sword forbiddē to be vsed by Ecclesiasticall persons Pag. 74 Not without a mystery that Peter shold strike none but Malchus Pag. 78. The Apostles and their successors subiect to Emperours and Kings de iure Pag. 79. Gregory 7. the first that chalenged tēporal power to depose Princes Pag. 84 The doctrine and practise of deposing when it began according to Cardinall Bellarmine Pag. 85. Whether the Pope by his spirituall power wherein he is successor to Peter may depose Princes Pag. 87. 91. Excommunication what it is the nature and effects thereof Pag. 95. No denial of the Popes power of binding to say that Princes notwithstanding excōmunicatiō ought to be obeyed of their subiects Pag. 100. The Popes spirituall power of excommunicating Kings not denied as Cardinall Bellarmine in Tortus affirmeth Pag. 104. Whether I may renounce all pardons dispensations which shal be against this Oath of Alleg. without denying the Popes power Pag. 108. No deniall of the Popes power of absoluing to say that he cannot absolue me of this Oath Pag. 112. Whether the Pope may remit lawful oaths compelled by feare Pag. 114. How a matter onely of opinion may be truly sworne Pag. 116. The doctrine that teacheth That Princes excommunicated by the Pope may be deposed or murthered by their subiects may be abiured as impious and hereticall Pag. 119. To teach it lawfull to murther yea a tyrant is hereticall Pag. 123. The Oration of Sixtus 5. in the Consistorie of the murther of the King of France Pag. 128. The Pope as a temporall Prince may wage warre but not inuade any Kings dominions as he is Christs Vicar Pag. 149. Priests and reconciled persons as such onely no traitors by the intention of the Oath Pag. 150. How an Oath is to be interpreted Pag. 152. In what sort a man is to sweare before a lawfull magistrate Pag. 153. Not such as take but the refusers of the Oath giue cause of scādal Pag. 154. The Authors exhortation to Catholickes Pag. 156. Strange Reports or Newes from Rome Pag. 159. TO THE CATHOLICKES OF ENGLAND BEloued brethren in Christ Iesus Whereas the Kings most excellent Maiestie being the true lawful and right inheritour to the Crowne and Realme of England by the prouidence of almightie God entred and possessed the same with tranquillity and peace and the great applause of all his subiects as well Catholickes as Protestants or others of different sects and opinions his Highnesse as it were to requite their dutifull affection forthwith gaue great hope of a most happie and prosperous regiment and out of his bountie and clemencie extended many his most royall fauours indifferently vpon all till such time as some of the one sort to wit a few giddie headed desperate and disloyall Catholicks associated with certaine of the Societie prouoked his wrath and indignation against them yea and all the professors of the same religion for their fact Who was not moued as all men will confesse without iust cause for that they viz. Catholickes onely either concealed or most barbarously attempted in that hellish-like manner of gunpowder fire the memorie whereof must needs remaine for euer most grieuous to all true hearted Catholike subiects the cruell murther of so many worthie Commons and Noble personages in Parliament assembled yea of the most towardly and innocent yong Prince the Queene and King himselfe and then soone after also had followed vndoubtedly the desolation ruine and destruction of the whole realme of England Hereupon by the generall consent of all three estates and the Kings Maiestie it was thought necessarie an Oath of allegeance in such forme should be framed and enacted as Catholikes for whom chiefly it was made should haue no cause scrupulously to refuse to take the same and the Kings Highnesse with his whole estate might be better secured and freed from all feares and dangers imitating herein other Kings and Princes as occasions shall be offered them If euer the Kings of France or Spaine or other Princes whatsoeuer had cause to exact an Oath of fealtie of their subiects for safetie of their persons or state then certes no man that hath but common sense will denie but our King hath more then iust vpon so horrible and monstrous cause giuen as the like haply was neuer heard of from the beginning of the world Could any man haue thought it strange or held it crueltie if being in such wise and by such persons prouoked he had in his wrath and indignation rigorously proceeded against all others of the Romane religion as suspecting them to beare no better mind towards him though manie thousands doubtlesse no way consented nor were euer priuie to that horrible fact And if he had what ruine of Catholike families what hauocke of Christian bloud with the destruction of soules and other infinite miseries should we haue seene But the omnipotent God whose name be blessed for euer who hath the rule and gouernment of the hearts of Kings inclined his royall heart to mercie and compassion of his subiects knowing right well the faith and loyaltie of many of the same religion as his Maiestie most benignely expressed in his Proclamation and that he should haue punished the innocent with the nocent as well his friends as his foes Oh what follie were it for a

perennes illi gratias agamus In quam sententiam cum dixisset Pontifex dimisit Consistorium cum benedictione LAVS DEO An Oration of Pope Sixtus the fift vpon the death of King Henry the third in Rome in the full assemblie of the Cardinals Considering oftentimes with my selfe and applying my whole vnderstanding vnto these things which now of late by a iust iudgement of God are come to passe I thinke I may with right vse the words of the Prophet Abacuck saying I haue wrought a worke in your daies which no man will beleeue when it shall be told him The French King is slaine by the hands of a Friar for vnto this it may fitly be compared although the Prophet spake of another thing namely of the incarnation of our Lord which exceedeth and surmounteth all other wonders and miracles whatsoeuer as also the Apostle S. Paul referreth the same words vnto the resurrection of Christ When the Prophet sayd a worke his mind was not to signifie by it some common or ordinarie thing but a rare notable matter and a deede worthy ro be remembred as that of the creation of the world The heauens are the works of thine hands And againe He rested the seauenth day of all the works which he had made When he saith I haue wrought with these wordes the holy Scripture is wont to expresse things not come to passe by casualtie fortune or accident but things befallen by the determined prouidence will and ordinance of God as our Sauiour sayd The works which I do ye shall do also and yet greater and many more such like wherewith the holy Scriptures are replenished And that he saith that it is done in times past herein he followeth the vse and order of the other Prophets who for the certainty of the euent are wont to prophesie of things to come as if they were past alreadie For the Philosophers say that things past are of necessitie things present of being and things to come onely of possibilitie For which certaintie the Prophet Isay long before prophesying of the death of Christ hath thus spoken He was led as a sheepe to the slaughter and like a dumbe lambe before his shearer so opened he not his mouth c. And this whereof we speake at this present and which is come to passe in these our dayes is a famous notable and an vncredible thing not done or atchieued without the particular prouidence and disposition of the Almightie A Friar hath kild a King not a painted one or drawne vpon a peece of paper or pictured vpon a wall but the King of France in the midst of his armie compassed and enuironed round about with his Guard and Souldiers which truely is such an act and done in such a manner that none will beleeue it when it shall be told them and perhaps our posterity and the age to come will account and esteeme it but a fable That the king is dead or else slaine it is easily to be beleeued but that he is kild and taken away in this sort is hardly to be credited euen as we presently agree vnto this that Christ is borne of a woman but if we adde vnto it of a woman virgin then following naturall reason we can no in wise assent vnto it Euen so we lightly beleeue that Christ died but that he is risen vp againe from death to life it falleth hard vnto mans vnderstanding and therefore not lightly digested That one is wakened againe out of a sleepe extasie or a sound because it is not against nature we naturally beleeue it but to be risen againe from death it seemeth so vncredible vnto the flesh that S. Paule disputing in Athens of this point was misliked greatly and accused to be a setter forth of new Gods so that many as S. Luke witnesseth did mock him and many for the strangenesse of the doctrine sayd We will heare thee againe of this thing Of such things therefore which befall not according to the lawes of nature and the ordinarie coursse thereof speaketh the Prophet That none shall beleeue it when it shall be told them But we giue credit vnto it by consideration of the omnipotencie of God and by submission of our vnderstanding vnder the obedience of faith and seruice which we owe vnto our Sauiour Christ And by these meanes this that was incredible by nature becometh credible by faith therfore we that beleeue not after the flesh that Christ is borne of a virgine yet when there is added vnto it that this was done supernaturally by operation of the holy Ghost then truly we agree vnto it and faithfully beleeue it So likewise when it is said that Christ is risē againe from the dead as we are flesh onely we beleeue it not but when it is affirmed that this was done by the power of the diuine nature which in him was then without any doubting we beleeue it In the same maner whē it shal be told vs that such a mighty King was kild by a poore simple and a weake Friar euen in the midst of his armie and enuironed with his Guard and Souldiers to our naturall reason and fleshly capacitie it will seeme vncredible yet cōsidering on the other side the great grieuous sinnes of this King and the speciall prouidence of the Almightie herein and by what accustomed wonderfull meanes he hath accomplished his most iust will and iudgment against him then most firmely we will beleeue it Therfore this great miraculous worke I may but onely ascribe it vnto the particular prouidence of God not as those that referre all things amisse vnto some ordinarie causes or vnto fortune or such like accidentarie euents but as those who more neere obseruing and looking in the course of the whole matter easily see that here in this befell many things which could in no wise haue bene brought to passe and dispatched without the speciall helpe of God And truely the state of Kings and kingdomes and all other such rare and weightie affaires should not be thought to be gouerned of God rashly and vnaduisedly In the holy Scripture some are of this kind and none of them can be referred vnto any other thing but vnto God the only author thereof yet there are none wherein the celestiall operation more appeareth then in this whereof we speake at this present We reade in the first booke of the Macchab. chap. 6. how Eleazar offered himselfe vnto a certaine death to kill the king that was an enemie and persecutor of the people and children of God For in the battell espying an Elephant more excellent then any of the other beasts whereupon it was like that the king was with a swift course casting himself in the midst of the troups of his enemies here and there making a way perforce came to the beast at last and went vnder her and thrust his sword in her belly and slue her who falling with the great weight of her body prest him to death