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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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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
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 à gentlemans letter that gaue occasion of this discourse Matth. 22. Reddite ergo quae sunt Caesaris Caesari Render therfore the things that are Caesars to Caesar Imprinted at Antuarpe by Ioachim Trognaesius Anno 1587. THE ANSVVERE OF M. DOCTOR ALLEN TO THE FORMER LETTER HONORABLE good Sir Your letters came vvith good speede and in season hauing at this present readie meanes to returne ansvvere and yet time ynough to vvaighe vvel the matter of question you moue vnto me Into the more particular cōsideratiō vvherof I vvil enter the rather at your request though othervvise by the dutie of my priesthoode and professiō I compt my selfe bound to serue my christian countriemen in al such things as may any vvay perteine to their saluatiō For you must not thinck that I am so restray ned to studētes matters though that be my special trade and charge that I haue no care of so manie vvorthie men of your vocatiō vvhom vvith hart prayers and penne I doe most vvillinglie serue knovving that state of life to be necessarie for the commō vvealth godlie honorable and especiallie appointed by God for defense of Iustice and Religion Out of vvhich order the Church of Christ celebrateth sun drie for high Sainctes and whole legions haue benne for their constancie in faith martyred at once Manie in the holie Scriptures for singular deuotion tovvardes Christs person and special promptnes to receiue the faith by the Apostles preaching by name commended And remembring in S. Lukes narration of the holie Capitaine Cornelius and of one of his souldiars vvhom the Euangelist nameth militē met uentem Dominū à souldiar fearing God it easely brought me to conceiue that sundrie of your bande in vvhose behalfe you propose the doubt haue the feare of God before their eyes vvhich is à peerlesse prayse in such as folovve art militare and that the vvhole companie is not farre from the kingdome of God that haue such regarde of their conscience and good name To come then to your purpose though I haue alreadie by my letters to Sir William geuen myn opinion I vvil yeat for better clearing the cause set here dovvne my minde more largely and distinctly Therfore first I say that the rēdering vp of such tovvnes and places of the lovve countries as be in anie English mēnes custodie is not onlie lavvful but necessarie to be done vnder paine of mortal sinne and damnation The cause is for that euerie thing vvrongfully obtayned and vniustly detayned from the true ovvneres vvhether they be by fraude or violence come by according to al diuine and humane lavves and by the very rule of nature ought to be restored to them to vvhom they duly pertayne Which thing as it is euident in al other negotiation of mannes life vvherin no man may lavvfully detayne other mēs goodes so the olde holie fathers and al the latter schoole Doctors agreably to the Scriptures and the ciuil and canon lavves determine restitution to be specially necessarie of al thinges vvrongfully obtayned in vvarres vvhether the vvarres be lavvful or vnlavvful For vvarres being nothing els but an act of vindicatiue iustice must as much as is possible be in al pointes voide of iniurie and iniustice Against vvhich vvhen anie thing is committed either by the Prince that causeth the vvarre or the souldiars that are executioners of his vvil and sentence both the one and the other are bound to make recompence and restitution according to the measure and maner of the iniuries done And this I say euen in lavvful vvarres or such as to the common people may be vpon their Princes credit so deemed Where though they may offend the enimie in life goodes libertie and othervvise as farre and in such sorte as the lavve of armes permitteth and prescribeth yeat vvhat so euer is done against militare discipline and iustice is sinne punishable by Gods lavves But vvhere the vvarre is vvholy and plainlie vnlavvful denounced and vvaged vvithout iust cause yea euidently against right and reason and so knovvne to be to men of vnderstanding and to the soldiars them selues in that case the Prince that published the vvarre doth principally and most damnably offend then euerie one that serueth in those vvarres doth sinne mortally and al and euerie one bound to satisfaction and restitution for vvhat soeuer anoyance is done by the said vnlavvful armes to the Prince and people to vvhom the iniurie is done Neither doth the Souereignes authoritie and commandement excuse the souldiars or subiectes vvho can not in conscience nor may not be executors by their seruice of the Princes knovvne iniquitie Ovving euer obedience to God more then to any man though vvhere the iniustice of the vvarres vvere not so assuredly knovvne to the subiectes they might vpon their Princes vvarrant and commandement serue in the same But novve that the vvarres of the lovve countries on the English part be most vniust not only such as be in conscience Catholike for other causes vvhich aftervvard I vvil rehearse doe most certainly see but euen those also vvhich are not vvel instructed in Religion endued only vvith good nature reason and ciuil honestie must heedes confesse Wherby it vvil be plaine that neither the one sorte of conscience nor the other of moral iustice can lavvfully serue in the said vvarres The vvarre is iust saith Cicero in his bookes de De Republica as Isiodorus citeth it vvhich is denounced for recompence or reuenge of iniuries and anoyance or for defence against enimies 1. The Quene of England as al the vvourld knovveth can make no iust claime to Holland Zeland or any other of those partes vvhich by armes she hath seazed on al those prouinces being confessed to be his Catholike Maiesties auncient and vndoubtful inhaeritance therfore that vvay she can haue no pretence to inuade those countries 2. The defence of the kings rebelles against their most iust Lord and Soueraigne is no lavvful nor honorable quarel of vvarres neither haue the said Traytoures and rebelles any authoritie to yeeld vp their Soueraignes tovvnes and portes into his enimies handes or thē selues to the English protection or subiection 3. Rebelles against their lavvful povvers be not properly the confoederates or Socij of anie Prince or common-vvealth that for their defence armes may be takē 4. The kinges Maiestie hath done to the Quene or her realme no such iniuries for redresse or reuenge vvherof she should by hostilitie enter into his Domnions and surprise his tovvnes and castles and
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