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A09102 The iudgment of a Catholicke English-man, living in banishment for his religion VVritten to his priuate friend in England. Concerninge a late booke set forth, and entituled; Triplici nodo, triplex cuneus, or, An apologie for the oath of allegiance. Against two breves of Pope Paulus V. to the Catholickes of England; & a letter of Cardinall Bellarmine to M. George Blackwell, Arch-priest. VVherein, the said oath is shewed to be vnlawfull vnto a Catholicke conscience; for so much, as it conteyneth sundry clauses repugnant to his religion.; Judgment of a Catholicke English-man, living in banishment for his religion Parsons, Robert, 1546-1610. 1608 (1608) STC 19408; ESTC S104538 91,131 136

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Ecclesiasticall Gouernment by Bishops was ordayned immediatly by Christ himselfe for which cause Bellarmine saith in the second place heere alledged That Kingdomes are not immediatly instituted from God but mediatly only by meanes of the people which people therfore may change their formes of gouernment as in many Countryes we see that they haue but yet when any forme of Gouernment is established and Gouernours placed therin their authority and power is from God and to be obeyed out of Conscience vnder payne of damnation as before I haue shewed out of Bellarmyne And he that will read but from his third Chapter de Laicis vnto the 13. shall fynd store of assertions proofes to that effect to omitt many other places throughout his workes So as the former proposition That Kings haue not their Authority nor office from God nor his law is very fraudulently sett downe For if he vnderstand that their forme of Principality and Office therin is not immediatly from Gods institution but by meanes of humane lawes of succession election or the like it is true But if he meane that their Authority is not from God eyther mediate or immediate or induceth not obligation of Conscience in obeying them as it seemeth he would haue his Reader to thinke it is most false And the Apologer ought not to haue walked in these obscurityes if he had meant vprightly LXXXII I am weary to wade any further in these obiections and yet will I not let passe to note three more though most briefly and almost in three words leauing the rest to be examined by the Reader himselfe The first is That Church-men are as farre aboue Kings as the soule is aboue the body The other That Obedience due to the Pope is for Conscience sake The third That Obedience due to Kings is only for certayne respects of order and policy The first and last being meere calumniations and the other not denyed by vs. For as for the first though the words heere mentioned be not in Bellarmyne yet the comparison it self of Ecclesiasticall and Temporall powers in the Church vnto the soule and body is the comparison of S. Gregorie Nazianzen related only by Bellarmyne and consequently it must needs follow as the same Father also inferreth that so much more eminent as the soule is aboue the body so much more excellent is the power Ecclesiasticall aboue Temporall which S. Chrisostome in like manner proueth at large in his books de Sacerdotio So as this is not Bellarmynes comparison but of the said two auncient Fathers and consequently Bellarmyne is not here reprehended but they LXXXIII The other two places if they be two and not one but made two for multiplying of odious matter against vs haue byn so fully answered by vs before as we shall need to say no more heere therof For as Obediēce is due out of Conscience vnto the Pope other Bishops Spirituall Gouernours in spirituall Gouernments by the Apostles precept Obedi●e Praepositis vestris c. Obey your Prelates be subiect vnto them for they watch as being to render accompt for your soules So the same Apostle hath commanded also due Obedience to Temporall Magistrates in temporall affayres by the same obligation of Conscience as Cardinall Bellarmyne doth shew at large in the places by me alledged And I maruaile with what Conscience the Apologer heere can deny it cyting a place for the same in his margent which hath no such matter as he would inferre That not for Conscience but only for certayne respects c. For that treating of the obligation of Obedience to temporall lawes in temporall affayres his second proposition is Non sunt exempti Clerici ab obedientia legum Ciuilium Clergie-men are not exempted from the obedience of temporall lawes And in another place before cyted Lex Ciuilis non minùs obligat in conscientia quàm lex diuina The Temporall law byndeth no lesse in conscience then the Diuine So as all those odious matters are but frandulently layd togeather to make Catholicks their cause hatefull especially vnto him whom vnto they desyre most of all men vnder God to yield most satisfaction for their temporall dutyes and would hope also to effectuate it if these make-bate Ministers did not by their continuall incitations clamours and false suggestions disturbe the same and renew daylie iealosyes and distrustes in his Ma. ties mynd against vs. The Conclusion WHERFORE to draw to an end of this distastfull argument it cannot but grieue afflict much the hartes of all that loue eyther Prince or Countrey looke into the naturall sequels of like proceedings to see matters runne dayly vnto such extremityes as they do that by such instigators as are both both lesse carefull to foresee the hurts both priuate publick that may ensue lesse able to remedy thē when they fall out The principall of whom being the first chiefe motors besydes the generall hatred wherin they are with both extremes of opposite in Religion are so interessed in like māner by the spoyles rapines which their rauenous Purseuants daylie bring home out of their continuall searches and ransacks of innocent mens houses goodes and persons as litle moderation may be expected from them LXXXV Would God it might please his dyuine Ma. tie so to inlighten and illustrate that excellent vnderstanding of our Prince and Soueraigne as he may see the many great inconueniēces that do must follow vpon so violēt courses as these men for their owne vtilitie do suggest prosecute Nothing can be more pittifull then to see a Noble House diuided in itselfe the one to beate hunt pursue the other this to be their continuall exercise especially of Children vnder the sight of their owne Father louing them all and desyring to be beloued Ah! what sollicitude must there needs be in that Fathers hart And were it not a great synne to increase the same by casting in oyle to augmēt the flame LXXXVI Would God his Ma. ties eares and those of his wise Counsell could reach into these partes beyond the seas and to all forrayne nations of Christendome besydes to heare what is said what is writtē what is discoursed by men of best iudgment in this behalfe not only in regard of iustice and piety but in reason also of State and Policie no man being of so simple vnderstanding but that he must see that so notorious differēces of Subiects for Religiō pursued with such hostility among thēselues must weaken greatly their forces and make them lesse esteemed both of friends and aduersaryes So as besydes internall dangers which are euer consequent vpon such inward diuisions if forrayne occasions should be offred vs agayne as in former tymes they haue beene by forrayne warres we should not know how to trust the one the other LXXXVII The cryes cōplayntes of these afflictions running throughout Christendome do giue strange admiration vnto men and do worke
safety of his Conscience sweare vnto the Articles and branches of the Oath touching that poynt XXVIII Heere then wee see that all Ciuill Obedience and humble acknowledgment of all Temporall Duety is offered to his Maiestie by his Catholicke Subiects in most ample manner that can be deuised or that is offered to any Christian Catholicke Prince lyuing And if this be not accepted then is it euident that more is required then meere and only Ciuill Obedience as heere is often auouched XXIX And now for so much as it is said heere in like manner That very many of his Ma. ties Subiects that were Popishly affected as well Priests as Laycks did freely take the same Oath which he calleth A blessed successe frō God of this godly and wyse intent in deuising and proposing the same I shall be forced also to say somwhat of this matter before I passe any further And first of all concerning the freedome wherby it is heere said That priests and Laycks did freely take the same no man I thinke will deny but that the taking of this Oath is proposed by the Statute it selfe vnder paine of the losse of all goods and lands and perpetuall imprisonment to him that shall refuse it which is the very same freedome and no other that a merchant hath in a tēpest eyther to cast out his goodes into the sea for lightening his ship or to be drowned himselfe And though Aristotle in his Ethicks do seeme to hold it to be Simpliciter inuoluntarium simply against the will of the doer and Catholicke Deuynes That it is Inuoluntarium secundum quid in part inuoluntary and simply voluntary for that all circumstances considered he resolueth fynally to be the best to cast out his goods and saue himselfe yet all agree in this that freedome is taken away by this constraint of the passion of feare For that freedome requyreth full liberty to both extreames or obiects that are proposed which is not in our case For that the displeasure of the Prince the losse of goods and liberty the ruyne of his family the terrour and perswasion of his friendes are heauie poyses and do mightily preponderate on the one side and consequently the mention of this freedome might haue beene pretermitted for so much as no constraint of humane will can be greater then this And yet is it said in the Oath that he must do it both willingly and hartily and as he belieueth in Conscience Let the discreete Reader consider what coherence there is in their tale XXX Secondly as for that multitude of Priests Laycks which he sayeth Haue freely taken this Oath as their freedome was that which now I haue mentioned and a principall motiue as may be presumed the desyre they had to giue his Ma. tie satisfaction and deliuer themselues and others so much as lay in them from that inference of disloyall meaning which vpon the denyall therof some do vse to make so I cannot but in charity assure my self that they being Catholicks tooke the said Oath for so much as concerneth the Popes authority in dealing with temporall Princes in some such lawfull sense and interpretation as being by them expressed and accepted by the Magistrate may stand with the integrity and sincerity of true Catholicke doctrine and faith To witt that the Pope hath not Authority without iust cause to proceed against them Quia illud possumus quod iure possumus saith the law Our authority is limited by Iustice. Directly also the Pope may be denyed to haue such authority against Princes but indirectly only in ordine ad spiritualia and when certayne great importāt vrgent cases concerning Christian religion fall out which we hope will neuer be betweene our Soueraigne and the Sea Apostolicke for so much as they haue past already many yeares though in different Religions in peace and quietnes euen since his Ma. tie began first to raigne XXXI But concerning the generall Question to deny simply and absolutely That the Pope is supreme Pastour of the Catholicke Church hath any authoritie left him by Christ eyther directly or indirectly with cause or without cause in neuer so great a necessity or for neuer so great and publicke an vtility of the Christian Religion to proceed against any Prince whatsoeuer temporally for his restraint or amendment or to permitt other Princes to doe the same this I suppose was neuer their meaning that tooke the Oath for that they should therby contradict the generall consent of all Catholicke Deuines and confesse that Gods prouidence for the conseruation and preseruation of his Church and Kingdome vpon earth had bene defectuous for that he should haue left no lawful remedy for so great and excessiue an euill as that way might fail out XXXII Wherefore for so much as some such moderate meaning must nedes be presumed to haue bene in those that tooke the Oath for safeguard of their Consciences if it might please his Maiesty to like well and allow of this moderation and fauourable interpretation as all ●orreyne Catholicke Kings and Monarchs doe without any prejudice at all of their safety dignity or Imperiall preheminence I doubt not but he should fynd most ready conformity in all his said English Catholicke Subiects to take the said Oath who now haue great scruple repugnance o● Conscience therin both for that the chiefest learned men of their Church doe hold the same for vtterly vnlawfull being mixed and compounded as it is and the voyce o● their chiefe Pastour to whome by the rules of their Religion they thinke themselues bound to harken in like c●ses hath vtterly condemned the same and the very tenour of the Oath it self and last lines therof are That euery one shall sweare without any Equiuocation or mentall reseruation at all that is to say hartily willingly truely vpon the true faith of a Christian. Which being so they see not how they may take the said Oath in truth of Cōsciēce for so much as they find no such willingnes in their harts nor can they induce themselues in a matter so neerly concerning the Confession of their faith to Equiuocate or sweare in any other sense then from his Maiesty is proposed and therefore doe thinke it lesse hurt to deny plainly and sincerely to sweare then by swearing neither to giue satisfaction to God nor to his Maiesty nor to themselues nor to their neighbours And so much of this point XXXIII There followeth an other which is the third about this matter where this Apology saieth That God did blesse this godly deuise and intent of making and vrging this Oath by the admittance thereof by so many Priests La●cks c. Which blessing if it be a blessing must concerne eyther the takers or the exhibitours or both But for the takers what inward blessing of comfort in conscience they may haue receaued thereby I know not But for outward blessing I see small for they remaine either in prisons
like may be said to his third example of the late Queene of England against whose life he saith that so many practises and attempts were made and directly i●ioyned to those traytors by their Confessours and playnly authorized by the Popes allowance So he saith But if a man would aske him how he can proue that those things were so directly inioyned and plainly authorized what answere will he make Yow shall heare it in his owne wordes for he hath but one For verification saith he there needeth no more proofe then that neuer Pope eyther then or since called any Church-man in question formedling in those treasonable conspiracyes And needeth no more Syr but this to condemne both Confessours and Popes of conspiring the last Queenes death That no Pope hath called in question or punished any Cleargy-man for such like attempts What i● he neuer knew of any such attempt What if he neuer heard of any Clergy-man to be accused therof except such as were put to death by the Queene her self either culpable or not culpable What if he saw some such ridiculous false deuises made against some Priests to make their whole company and cause odious as iustly discredited with him all their other clamours and calumnious accusations in that behalfe As that of Squier induced as was sayed by Fa. VValpole in Spaine to poyson the Queenes chayre or the Earle of Essex his sadd●e which was so monstrous a fiction and so plainly proued for such in forrayne Countryes and so confessed by the miserable fellow at his death as tooke all credit from like deuises in these attemptes of holding the Queene in perpetuall frightes to the end she should neuer attend to the true way of remedy XXXII And with what little care of sincerity or of punctuall truth all these things are here and elswhere cast out at randome to make a sound and noise in the Readers eares appeareth sufficiently in the very next sequent wordes wherein speaking of Doctor Sanders he saieth That whosoeuer will looke vpon his Bookes will fynde them filled with no other Doctrine then this And will any man thinke it probable or possible that so many bookes as Doctor Sanders hath written both in Latyn and English and of so different arguments concerning Religion haue no other Doctrine in them but this of killing and murthering of Princes And that other assertion also that ensueth within very few lines after against Cardinall Bellarmynes whole Workes That all his large and great Volumes are filled with contradictions wherof we are to treat more presently Now only I doe note the facility and custome of ouerlashing in this Apologer XXXIII To conclude then about Queene Elizabeth Albeit Pius Quintus and some other Popes did excommunicate her and cut her of from the body of the Catholicke Church by Ecclesiasticall Censures in regard of her persecuting Catholicke Religion yet did I neuer know it hitherto proued that any Pope procured or consented to any priuate violence against her person albeit if the forealledged Statute of the 28. yeare of King Henry the 8. be true wherin it is determined both by the King himself his Counsell and whole Parlament as by the Archbishop Cranmer with his Doctors in his Iudiciall Seat of the Arches that Lady Elizabeth was not legitimate nor that her mother was euer King Henryes true wife which once being true could neuer afterward by any humane power be made vntrue or amended to the preiudice of a third rightly by due succession interessed therin if as the whole Parlament testifyed it should be Against all honour equity reason and good conscience that the said La. Elizabeth should at any tyme possesse the said Crowne then the said Popes respecting in their said sentence as it is certayne they did the actuall right of the Queene of France and Scotland and of her noble issue his Ma. tie that now is they might proceed as they did against the other for her remouall whome they held for an vsurper in fauour of the true inheritours oppressed by her not only by spirituall but temporall armes also as against a publicke Malefactor and intruder contrary to right and conscience And I cannot see how this fawning Apologer can eyther without open vntruth or manifest iniury to his Maiesty auerre the contrary Which being true doth greatly iustify the endeauours and desires of all good Catholicke people both at home and abroad against her their principall meaning being euer knowne to haue bene the deliuerance preferment of the true Heire most wrongfully kept out iniustly persecuted for righteousnes sake XXXIIII This then being so and nothing proued at all against Popes for their murthering attempts against Princes which Cardinall Bellarmyne denyed yet this Apologer as if he had proued much against him in this point of contradicting himself he writeth thus But who can wonder at this contradiction of himself in this point when his owne great Volumes are so filled with contradictions which when either he or any other shall euer be able to reconcile I will then belieue that he may easily reconcile this impudent strong denyall of his in his letter of any Popes medling against Kings Wherin is to be noted first that wheras Card. ll Bellarmine doth deny any Popes murthering of Princes this man calleth it An impudent strong deniall of any Popes medling against Kings as though medling and murthering were all one Is not this good dealing Truely if the Card. ll had denyed that euer any Pope had dealt or medled against any King or Prince vpon any occasion whatsoeuer it had beene a strong denyall indeed but for so much as he saith no such thing I maruaile of the Apologers proceeding in this behalfe for with the word impudent I will not meddle But let vs heare him yet further XXXV And that I may not seeme saith he to imitate him in affirming boldly that which I no waies can proue I will therefore send the Reader to looke for wittnesses of his contradictions in such places here mentioned in his owne booke Thus he very confidently as you see And verily I cannot but maruaile that he knowing how many men of learning would looke vpon the places themselues for I vnderstand now also that the book is out in latyn would not be ashamed in him self to suffer their iudgement of him and his doings in this behalfe albeit he had not respected the Cardinals answere which must nedes be with exceeding aduantage against him such as in truth I am ashamed for Countrey sake that strangers should laugh vs to scorne for such manner of writing For if I doe vnderstand any thing and that myne owne eyes and iudgement doe not deceaue me this Apologer will remayne vnder in all euery one of these oppositions no one of them being defensible in the nature of a true contradiction and consequently Cardinall Bellarmynes great volumes of Controuersies will not only not be proued full of