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A16796 The copie of a letter vvritten by M. Doctor Allen: concerning the yeelding vp of the citie of Dauentrie vnto his Catholike Maiestie, by Sir VVilliam Stanley knight. VVherin is shevved both hovve lavvful, honorable and necessarie that action vvas; and also that al others, especiallie those of the English nation that detayne anie tovvnes, or other places, in the lovve countries from the King Catholike are bound, vpon paine of damnation, to do the like. Before vvhich is also prefixed a gentlemans letter, that gaue occasion, of this discourse. Allen, William, 1532-1594.; R. A., fl. 1587.; Ashton, Roger, d. 1591, attributed name. 1587 (1587) STC 370; ESTC S112764 16,431 30

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this point that as al actes of iustice vvithin the realme done by the Quenes authoritie euer since she vvas by publike sentence of the Church and Sea Apostolike declared an Haeretike and an enimie of Gods Church and for the same by name excōmunicated deposed from al regal dignitie as I say euer sithence the publication therof al is voide by the lavve of God and man so likevvise no vvarre can be lavvfully denounced or vvaged by her though othervvise in it selfe it vvere most iust Because that is the first condition that is required in iust warre that it be by one denounced that hath lawful and supreme povvre to doe the same as no excōmunicate person hath especially if he be vvithal deposed frō his Regal dignitie by Christ his ovvne vicare vvhich is the supreme povvre in earth And al subiectes are not only absolued discharged of their seruice oth homage obediēce but specially forbidde to serue or obey any such canonically cōdemned person Nos sayth Gregorie the seuēth Sanctorum Praedecessorum nostrorum Statuta tenentes eos qui excommunicatis fidelitate aut Sacramento constricti sunt Apostolica authoritate à sacramento absoluimus ne eis fidelitatem obseruent omnibus modis prohibemus that is wee according to our Praedecessors Decrees do assoyle and discharge al them that by obligation of oth or fidelitie are bound to persones excommunicate and that they doe not obey such we do expresly forbid And for their discharge especially that serue in such vvarres there is an expresse Canon of Vrbanus the second Iuratos milites Hugoni Comiti ne ipsi quandiu excommunicatus est seruiant prohibeto qui si sacramentum pratenderint moneantur oportere Deo magis seruire quam hominibus Fidelitatem enim quā Christiano principi iurarunt Deo eiusque Sanctis aduersanti eorum praecepta calcanti nulla cohibentur authoritate persoluere Which is thus in oure toung Geue order that the sworne souldiars of Countie Hughe serue him not so long as he stadeth excommunicate And if they praetēd their former oth made vnto him admonish them that God is to be serued before men For that oth which they made to him then when he was à Christian Prince is not nowe to be kept towardes him being an enimie to God his Sainctes à breaker cōtemner of their cōmaundementes These fevve as I might doe much more I alleadge that you may see the sense of the Catholike Church vvhich to you that be the children of the same vvil be à ful vvarrant for al your actions à guide for al Gentlemen persons of rightly informed consciences hovve to behaue them selues vvhen not only the warres are for Religion but vvhen any excommunicate or canonically condemned Prince is one partie Whom no man by lavve can serue nor geue ayde vnto but he falleth into Excommunication And therfore vvhē S. Augustin vvriteth that sometimes it falleth out that à iust man may serue à vvicked sacrilegious King in the vvarres for obediēce to his superiour so that nothing be cōmaunded him plainly against Gods praeceptes especial exception is made in Kinges excommunicated Who differ in this case in respect of seruice obediēce of their subiectes and are in à vvoorse Praedicament then any either heathen or vniust Prince or Potētate vvho so euer yea then Iuliane the Apostata him selfe vvhom to serue in iust vvarres causes Christian souldiars vvere not by the Church then prohibited but only vvere as vvel by the lavve of God as the Church forbidden to serue him in any vvarre or vvoorke against Christ and Christians or vvhen he vvent about to destroy the true Religion But vvhere for defection from the faith or other enormities not tolerable the sentence of Excommunication Depositiō is also adioyned there can neither be lavvful vvarres nor any dutie of seruice in the same allovvable So great à crime it is in à Prince that is exalted by God to administer iustice to defend Christs Church the faithful people therof and taketh à solemne corporal oth at his coronatiō by his vvoorde might to obserue maintayne the lavves priuilegies of holy Church al praerogatiues graunted by his praedecessours to the same and to honour the Bisshoppes Clergie of his realme aftervvard neglecting his oth promise and vocation to bend al his povvre to destroy Gods Religiō Church Priestes become an enimie to al humane societie This then being the miserable condition of such Princes as be cutt of by the Churches Censures from the felovvshippe of the faithful you may see vvhat à dishonorable thing it is for men of honour or honestie to striue by armes for the vpholding of them vvhō God by his iust iudgemētes the Churches sentence doth pul dovvne And thervvith perceiue that those that breake vvith God can not claime any bōde of oth or fidelitie of them that were their subiectes And least of al of christian Knightes Gentlemen of armes the principal institution and professiō of al such noble orders being for defēce of the true Catholike Apostolike faith and to be svvorne aduersaries and persecutors of Gods enimies the Crosse and Cognissaunce they vveare protesting the same As contrarievvise no Haeretike can be à lavvful souldiar but by the imperial and canon lavves is to be degarded of militare dignitie armes and to be spoyled of his militare girdle as they then spake For Haeresie maketh à man by al christian lavves infamous and voideth him of al degrees and titles of honour among vvhich militare order is of olde time vvas so great that euery man of armes vvas capable of the Imperial souereigntie Therfore as in yeelding vp the places vniustly possessed you did an act of restitution iustice so Gentlemen in forsaking the vvarres of the other side for so many respectes as I haue saide dishonorable vnlavvful damnable you haue done doubtlesse agreably to your christian knighthood an act much renovvmed in al these partes of the best vvisest of al degrees And the same that you haue done al other of honour conscience and Religion of our countrie are bound to doe as vvel in this vvarre as in al other vvhich either at home or abrode is vvaged for or against Religion After King Saul vvas by God and the Prophets sentence as it vvere excommunicated and deposed it vvas no fault for Dauid or others either of the Priestes or people to reuolt from him nor for the vvorthie Capitaine Abner to reuolt from Saules sonne that claimed the Kingdome by the pretended right of his father nor for any other Capitaines or souldiars of Saules side novve deposed to render vp al they had in their gouernments to King Dauid and his posteriposteritie It vvas no crime but great commendation for Ioiada the high Priest to reuolt from the vsurping Quene Athalia nor for others to do the same
ciuil iustice and moral vertue so they haue their consciences better informed by the rules of Christian Religion for gouernment of their actiōs in al partes of life Such may easely perceiue not only for the causes aforesaid this vvarre on thenglish side to be vniust and that the seruice in the same is sinful dishonorable obnoxious to restitution but principally for that it is vvaged for defēce of Haeresie and Haeretikes and for the euersion of the Catholike faith that is to say directly against God and his holy Church The holy Prophet of God that reprehēded King Iosaphat for geuing succourse of amitie only not of euel meaning in Religion to the vvicked King Achab sayng Impio praebes auxilium ijs qui oderunt Dominum amicitia iungeris idcirco irā Dei merebàris Thou geuest ayde to the wicked art cōfoederate with such as hate our Lord therfore thou deseruedst Gods ire What vvould he haue saide or vvhat may vve deeme of our Princes cōfoederacies only alvvayes vvith Christ his enimies as vvith the Ghevves Ghevves Hugonots Caluinistes in Flaunders Fraunce Scotland vvith most ample succourses cōtinually yeelded to euerie of them for destructiō of christian Religion In vvich not only vnlawful but sacrilegious vvarres al men of conscience must consider that al Coronells Capitaines souldiars that in this case serue the Prince and Haeretikes are partakers of their iniquitie cooperators vvith them in al their sinne executors of the Haeretical Princes sentence against their ovvne Catholike and innocēt bretheren fautors and defenders of Haeretikes and so by the censure of holy Church incurre Excommunication à most pitiful and dangerous state for à christian man to liue or dye in They must marke vvhat an infinite miserie it is for à noble and couragious hart as lightly those men of best seruice be that vvith their svvoorde and armes the vvicked only should be protected the innocent destroyed Churches despoyled Gods Priestes seruantes murthered the blessed Sacramentes profaned yea euen the dread soueraigne holies of Christs ovvne bodie bloud What death should not à true Catholike knight suffer rather then for to see such horrible vvickednes committed Or to be in such base seruitude of Haeresie her dishonorable defenders as vvith their ovvne handes to be ministers of such sacrilegious impietie and vvich is yeat more pittiful that one Catholike man should be brought to destroy an other that in fine euerie one may be the instrument of his ovvne destruction In their ciuil gouuernment at home they cause the Catholike iudge to geue sentence of death against the Priestes vvhose innocēcie they knovve vvhose Religion in hart they beleue to be true They make one Catholike neighbour to accuse an other and one noble man to condemne an other In their vvarres they serue themselues of Catholikes by English Catholikes they destroy Catholikes abrode that forreine Catholikes being ouerthrovven they may more easely ouerthrovve their ovvne at home Alas for my deare bretheren alas for our desolate countrie vvhich no noble hart can novve serue either in Politike or Martial matters but vpō such detestable cōditiōs of assured dānatiō ād in fine to their owne vtter ruine also in this life Of al men in the vvorld the souldiar should most specially attend to his conscience and stand vpon good sure groundes for the iustice of the quarel he hath in hand being hovverly more subiect to death and daunger then any other kinde of men and being assured that if he dye in any knovven euil cause and namely in this fight against God and defence of Haeretikes he is doubtles to be damned for euer As contrarievvise to dye in lavvful vvarres for defence of iustice is euerful of hope And for defence of true Religion Gods honour in most cases plaine martyrdome Let no christian conscience therefore excuse or flatter it selfe in this case vpon the Princes commandemēt or the Superiors authoritie or vpon the daunger of disobeyng the Quenes lavves no mortal creature hauing lavvful povver to commaund nor any subiect bound or permitted to obey in matter directly against God In vvhich case à mā must say to his Prince vvith S. Augustin Tu minaris carcerē Deus Gehennam Thou threatnest prison God threatneth Hel. And as it is vndecent for any Christian for feare of man to offend God so it is most disagreable to the manly courage and constancie of a christian Catholike souldiar for feare of death or daūger vvhat soeuer to enter in to so damnable dishonorable a seruice or to fight or die in à cause cōtrarie to his ovvne conscience Besides al this to serue in an haeretical cause and vnder haeretical capitaines catholikes are inforced to heare continual blasphemies of al Sainctes Sacraments to be present at the vvicked Sermōs profane seruice of the Haeretikes Which is no lesse dānable then it vvas in olde time for such as serued the heathen Emperoures to commit Idolatrie by Sacrificing to Idoles For refusing of vvhich abomination and in particular for disobeying the Emperoure Maximinus his commandement therin the famous Coronel S. Mauritius vvith the legion of Thebs sustayned most glorious martyrdome As diuers others did vnder Iulian the Apostata and the like And many noble souldiars for that they could not exercise their Christian vsages partly vvere driuen to abandon their profession in displeasure of their Princes and partly vvere licensed to depart as may appeare by à Decree in the holy councel of Nice Where it is forbidden to christian souldiars so licēced to returne to those profane vvarres againe For that is the meaning vvhen the Fathers vpon great spiritual paine commanded that none should resumere cingulum militare that is put on the girdle militare againe that for such à cause had leift it once And surely if there vvere nothing els but this that the Catholike souldiar being hovvrely in peril of death can haue no Sacrament nor Sacramētal for his sinnes nor any comfort of conscience nor succour for his soule in the vvorld it must nedes be the most miserable condition that can be thought of Novve to be reliued of this deadlie calamitie distresse of cōscience after à man is once by errour or misfortune entred into the same there is no vvay but to forsake that vniust and irreligious cause and to retire to that part vvhere à mā may serue vvith iustice honour great revvarde in this life and sure hope of saluation And no doubt but most happie be those Gentlemen that haue this occasion commoditie offered them by God to make amendes for their former errour as vvel by seruing of the Church vvich before they impugned as by rendering vp the places vvhich they though not of malice yeat by other mens vniust appointement did from the true Lordes and ovvners detayne Yea I say more to you Gentlemen seing you desire to knovve my meaning fully in
bring his people into her subiection Neither these causes nor any other pretenses being sufficient to make her vvarre lavvful but al plaine proofes of most vniust quarel it must needes be euident to eche reasonable man of vvhat sense in Religion so euer he be folovving only moral vertue and the lavve of nature and natiōs that as vvel this warre by land in the lovve countries as that other by seas be nothing elles but à publike robberie ād pyracie In both vvhich not only the Prince or her principal ministers my lord of Lecester and Sir Francis Drake but al other that serue in either of the said armies or any such like offend God damnably and are bound to restore to the King Catholike and his people al that euer they haue or shal by this vniust violence extorte from them It is not the pretence of the Quenes counsel or realmes publike allovving or permitting these things that can excuse them before God or man either in conscience or honour For iniustice done by publike pretended authoritie is more shameful then that vvhich is done by priuate offenders S. Augustin affirming that whole Kingdomes when they agree vpon open iniquitie are nothing els but à great larondge that is a brotherhoode of theeues cōcurring and conspiring in cōmon robberie Quid sunt regna saith he remota iustitia nisi magna latrocinia I remember tvvo of the best learned Diuines in Louaine being demaunded of the lavvfulnes of the Duke of Alinsones late like actions in those countries of the obligation of that oth vvhich he caused the people to make against their Lord Maister to him ansvvered and put forth their ansvvere in print that vvarre to be vvholy vnlavvful al othes promisses made to him to be of them selues vnjust not to bind any man either in honour or conscience And yeat that Prince might perchance seme to haue some better pretence vpō I can not tel vvhat old interest that Fraunce chalengeth in Flaunders other those Prouinces vvhich once vvere vnited and ioyned vvith Fraunce and of some hope he had and gaue to many to reduce those countries to libertie at least of Catholike conscience againe But this English action hath no apparance of iustice or aequitie in the vvorlde And therfore to any gentleman or souldiar that standeth vpon his honour as that state of men of al others haue most reason to doe it must needes be à great disgrace to serue in such publike robberies either by sea or land Which I say to al noble Capitaines or souldiars of vvhat Religion soeuer they be vvho may easely perceiue by conference of our old English honorable denounced vvarres vvith these of our dayes None other hauing benne vvaged by our countrie these thirtie yeares almost then in the cloke of amitie to surprise the tovvnes countries of their freindes confederates and for the defence or encouragement of detestable rebelles against their lavvful annointed Kinges As soone as the Scottes rebelled against their Quene the English ioyned their forces to the vtter ruine and destruction of both her and her Dominion They rebel against their Kinges in Fraunce our English helpes armes vvere straight readie to succour them and to seaze vpon the strong places of that land in their ovven or the rebelles behalfe They rise in the lovve countries and in other partes of the vvourlde against the iustest povvre that can be and immediatly as though our countrie vvere ordayned to be the buckler of al rebellion and iniustice and an enimie of lavvful Dominion Superioritie the Quene thincketh it honorable or needful to protect the said rebelles to assayle vvith the vvicked traitours and seditious persons the oldest faithfullest and greatest confoederate that euer our realme had When therfore our English vvarres that in other ages vvere renoumed for iustice fortitude and foelicitie are become to be infamous infortunate through the vvourlde as made for the patronage of rebellious and seditious persons maintenance only of iniustice and iniquitie Who can not of very moral reason and honestie perceiue his good name and honour to be stayned by cooperation in such infamous actions his soule to be in daunger of aeternal perdition by follovving and executing other mennes most vnlavvful and barbarous desigmentes to the disturbance of the quiet and vveal of al christian natiōs rovvnd about vs or thincketh it not à most glorious resolutiō to reuolt to that side vvith vvhich al true honour and iustice al conditions of lavvful vvarres doe stand Of such I speake of our countrie men in vvhom is yeat lieft some remorse of conscience or respect of iustice necessarie for humane societie though by this euel times error of education at home they be not vvel instructed yeat in christian Religiō vertue For of others as I feare some such be in the Atheisme that our countrie is fallen into that haue put of al sense of ciuil iustice honour honestie togeather vvith the feare of God and his iudgemēts in the next life I can say nothing In this sorte some such may be not only among priuate poore souldiars but of the counselers of our coūtrie that vvithout respect of either christian discipline or olde heathen obseruation in this case vvhich vvas euer most sacred thinke Regna esse occupātium kingdomes to be rightly theirs that can catch them and al their ovvne they can either by Machiuiliā shiftes or violent armes obtayne that regard not the ould honour rule and discipline of Chiualrie that feare not the compt they haue to make for the bloud of innocents for sackages spoyle rapine destructions depopulatiōs and subuersion of vvhole kingdomes that thinke it cause of vvarre good ynough to hinder their neighbours greatnes ād to disturbe other mennes quietnes to procure their ovvne peace ād safetie If either I say our countrie once of notable name in martial iustice or any of our souldiars be come to this extremitie to deale vvith such either by humane or Diuine lavves vvere Cum ratione insanire As the Poete said And these haue only to make their prayer in the morning dayly as vve haue heard of a certaine holy theefe in the bordes Good Lord send me to hurte many this day and none to hurte me But novve to come to those that in the campe be Catholikes as I perceiue by you Sir and othervvise that verie manie be in their hartes fully resolued our forefathers faith to be only true and that innumerable at home in our coūtrie do dayly more and more perceiue that these nevve Sectes vvere but to make broyle and garboyle in the vvourlde that in the vniuersal shuffle of things poore lost companions might haue their partes yea other mennes partes too To such therfore as be by Gods special gift Catholikly bēt it shal be an easier matter to make cleare this point For as they be more capable of reason more obseruant of