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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

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or forgiuenesse thereof I will that none should pray because it is not pardonable Or else in the same sence for that man who committeth such a sin vnto death I say not that any should pray for Whereof our Sauiour himself hath spoken in S. Matthew saying that he that sinneth against the holy Ghost shal not be pardoned neither in this world nor in the world to come Where he setteth down three sorts or kinds of sin to wit against the Father the Sonne and the holy Ghost and that the two first are lesse hainous and pardonable but that the third is altogether vnpardonable and not to be remitted All which difference proceedeth from the distinction of the attributes as the Diuines teach vs which seuerally are appropriated vnto euery seuerall person of the holy Trinitie And although as the essence of all the three persons is but one so also is their power wisedome and goodnesse as we haue learned in the symbole of Athanasius where he saith almightie is the Father almighty is the Sonne and almighty is the holy Ghost yet by attribution power is ascribed vnto the Father wisdome vnto the Sonne and loue vnto the holy Ghost whereof euery seuerall as they are tearmed attributes so are they so proper vnto euery seuerall person that they can not be attributed and referred vnto any other By the contraries of which attributes we come to discerne the distinction and greatnesse of sinne The contrary to power which is onely attributed vnto the Father is weaknesse and therefore that which we do amisse through infirmity of nature is said to be committed against the Father The opposite vnto wisdome is ignorance and blindnes through which when any man sinneth he is said to sinne against the Sonne therefore that which we commit through naturall infirmity and ignorance is more easier forgiuen vs. The third attribute which is the holy Ghostes is loue and hath for his contrary ingratitude and vnthankfulnesse a vice most detestable and odious which causeth men not to acknowledge the loue of God his benefites bestowed vpon them but to forget despise yea and to hate them Whereout briefly and finally proceedeth that they become altogether obstinate and impenitent And this way sinne is committed against God with greater danger and perill then if it were done through ignorance and weakenesse of the flesh and therefore it is tearmed a sinne against the holy Ghost And because such sinnes are seldome and difficultly pardoned and not without great abundance of grace in some sort they are said to be vnpardonable whereas altogether through vnrepentance onely they become simply vnpardonable For whatsoeuer is done amisse in this life although it be against the holy Ghost by repētance it may be wipt out and defaced before death but they that perseuere therein till death are excluded from all grace and mercy hereafter And therefore for such sinners and sins the Apostle hath forbidden to pray after their deceasse Now therfore because we vnderstand not without our great griefe that the said king is departed out of this world without repentance and impenitent in the companie to wit of heretickes for all his armie was made almost of none other but of such men and that by his last will he hath commended and committed his crowne and kingdome to the succession of Nauarre long since declared an hereticke and excommunicated as also in his extremitie and now readie to yeeld vp his ghost desired of him and such like as he was there standing by that they would reuenge his death vpon those whom he iudged to be the cause thereof For these and such like most manifest tokens of vnrepentance we haue decreed not to solemnize his death with funerals not that we would seeme to coniecture by these any thing concerning the secret iudgements of God against him or his mercies who could according vnto his good pleasure in the departing of his soul from the body conuert and turne his heart and deale with him mercifully but this we haue spoken being thereunto moued by these exteraall signes and tokens God grant therefore that all being admonished and warned by this feareful example of heauenly iustice may repent and amend and that it may further please him to continue and accomplish that which he hath mercifully begun in vs as we do put our trust in him to the end we may giue euerlasting thankes to him to haue deliuered his Church from such great and imminent dangers Whereof when his Holinesse had spoken he brake vp the Consistorie hauing giuen his blessing let them al depart Whether that the Pope in this his Oratiō applauded or approued the Friars murtnering his Prince I would rather the learned reader should be iudge thereof then my selfe his wisdome doubtlesse was too great to approue by any cleare and direct sentence so vile and detestable a fact Howbeit this I can witnesse that it was commonly spoken by many in Rome that had the Friar bene a Franciscan as he was a Dominican he might haply haue bene then declared a Saint And this is most certaine which my selfe liuing in the court of Rome saw that as it were to retaine a pious memory of such a deed the Friars picture was drawne on paper together with the Kings in one square or quadro in Italian and publikely sold without controlement to my knowledge which many admired to see Besides this likewise is true that M. William Reynolds then being in the Low countries to whō as to my speciall friend I sent a copie of the Oration esteemed it so did many others as an approuing of the Friars act For returning me an answer to my letter he gaue me heartie thankes for it saying that I could not haue gratified him with any thing more then by sending him the approbation of the Sea Apostolicke which came in very good season he being at that time writing his Rossaeus Peregrinus a booke of such a like subiect If any desire to know how I should light on a copie thereof when as it is most true that neither the Cardinall whose office it was to haue noted the Popes oration was not prouided of paper nor inke as he should haue bene had any such occasion of vsing it bene thought of before and therefore was not taken by any as Cardinall Bellarmine saith well let him vnderstand that the Oration and Consistory being ended and the Pope departed toward his chamber certaine Cardinals among which if my memory faile me not were Cardinall Gallo and my most honorable patron Cardinall Borromeo Archbishop of Millan who are yet liuing with a greedie desire flocked about Cardinall Alan there in the chamber intreating him that he would cal to remembrance and write what they had heard there spoken to the end they might after at more leisure reade and consider it better and that so worthy a speech of his Holinesse might not perish Cardinall Alan crauing pardon besought them not to impose on him a matter of such difficultie for
his spirit may be saued in the day of our Lord. 1. Cor. 5. Disciplina est enim excommunicatio non eradicatio Now what can here be gathered by the definition end effects or substance of this spirituall censure for deposing Kings and disposing of temporals Marry sir that subiects are bound obeying the chiefe Pastors censure to shun their Prince excommunicated performing no dutie vnto him nor in any sort to communicate with him for an excommunicate person by name ought of all to be auoided to whom os orare vale communio mensa negatur And then when all forsake him is he not in effect deposed Yes truly when all his subiects do forsake him and he left alone Sed quando haec eru●● Is a King more like to be forsaken then a paterfamilias a priuate man Almaine saith indeede Alm. de pot Eccl. laic● q. 1. cap. 9. that the Pope may forbid the subiects of a Prince vnder paine of excommunication to performe any dutie vnto him whereby in effect he loseth his kingdome when no man doth regard him yet cannot depose him though he abuse his authoritie to the destruction of the Christian faith But if a generall defection of subiects follow not if according to their dutie they adhere faithfully vnto him without regard to his censure how then What his Holinesse may do in this case of excommunication with absolute Princes being sheepe of Christs fold to be directed and corrected with that spirituall rod when there is hope of amendment as well as priuate men I will not dispute but experience of former ages teacheth it is not expedient See S. Aug. lib 3. c. 2. cont ep Parm. c. 26. and that such practise breedeth oft schismes reuolts troubles and tendeth rather to destruction of many then to edification of any when as S. Paul professeth power to be giuen to the Church to edifie not to destroy And when this power is exercised in destructionem it is not that power which cometh from God but impotencie and defect This we may be said to do that we may lawfully do Which power Doctor Sanders calleth the sword of the Church and sheweth how it should be vsed Sand. de clau Dauid c. 9. Gladius Ecclesiae in aedificationem datus est c. The sword of the Church is giuen to edification not to destruction to conferre life not to inferre death for defence of the flocke not for hurt of the sheepe to driue away the Wolfe not to deuoure the lambe This sword being spirituall and is to worke vpon soules not bodies or goods of any may be drawne foorth I must cōfesse by the supreme Pastor against exorbitant Princes whose superior he ought to be acknowledged but onely in spirituals when there is hope to saue not to destroy to do good no harme and rather to make a wolfe a lambe then cause a lambe to become a wolfe ready to deuoure the flocke as sometimes such censures haue done which lamētable experience on the persons of many Princes can testifie whereupon they proceeded further haply in rigor with their subiects then otherwise they would haue done and not so much for excommunication onely as for the clauses of depriuation deposition and absolution of subiects from their dutifull obedience which are farre from the nature and substance of a spirituall censure and exceedeth the limited of that power as very learned Catholike Authors go about to proue Excommunicatio saith Ludouicus Richeom non nisi excommunicatum facere potest Richeom in apolog eáque fulminatur in Principes c. Excommunication cannot cause one to be but excommunicated and it is thundred out against Princes not that they may become tyrants nor remoued from their possessions nor to slacken the raines vnto subiects or that they may be freed from their sworne fidelitie To this agreeth Medina Excommunicato non est priuatio alicuius boni proprij Medina in 1.2 q. 96. ar 4. citans Sotum quod transgressor legis prius possederat sed est priuatio bonorum communium c. Excommunication is not a taking away of any proper good which the transgressor of the law before had possessed but it is a depriuing of the common goods which he was to receiue of the Church as spirituall communion and receiuing sacraments By which doctrine is plaine that none poore or rich subiect or Prince may by vertue of excommunication meerely be dispossessed of any temporall goods whatsoeuer If they could then woe to all Christians in this respect that liue in such times as Bishops and Popes are not saints Any man excommunicated vpon repētance may returne to grace be receiued of the Church and may recouer those spirituall goods he had lost as prayers suffrages and sacraments of the Church c. But if temporals especially kingdomes be once lost and confiscate what hope of recouery Wil it not be too late to cry Peccaui So then that punishment which God hath ordained for the good of soules would be most like to turne to the destruction of bodies soules and goods for euer if excommunication could worke such effect and were not as it ought to be medicinalis but exitialis which is not to be granted Moreouer if ye looke backe to ancient Canons of generall Councels yea to the Canons of the Apostles you shall see for the same or like crimes punishments to be inflicted on offendors but deposition inflicted on Clercks and on Laicks excommunication or depriuing onely of sacraments and communion making this distinction Si Clericus sit deponitor si Laicus à communione eijcitor Insinuating thereby as may seeme that the Church hath superioritie directly ouer Clerks to deposition or degradation of persons not so ouer the persons of Laicks further then to the censure of excommunication and therefore not ouer kingdomes and Kings who acknowledge no superiour on earth in temporals But I pray you if the Popes Holines vpon cause of heresie do excommunicate a Prince or priuate man and all that shall communicate with him or obey him is he not then to be auoided and forsaken of his subiects and inferiours or others whosoeuer He that denieth this seemeth to deny the Popes spirituall authority of binding that of S. Paul Haereticum hominem post primam secundam correptionem denita Tit. 3. A man that is an hereticke after the first and second admonition auoide What is this to our Oath Is there any such clause for heresie in it Are we to adde vnto it by our idle inuentions or are we vrged to take it otherwise then the words import simply as they lye framed by act of Parliament But these and such like fond verball obiections are the cauilling shifts of such as know not how to giue better answers to the substantiall points of the Oath and perswade some to the losse of their liues and others of their lands and goods to their vtter ruine if iustice without mercy be executed that it cannot be
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
may sit quietly in his chamber and but say the word that the Priests of the Clinke or else where that shall concurre with maister Blackwell they know not wherein are depriued of their faculties and so forthwith they are and must be depriued This report seemeth to me more improbable then any of the rest because it raiseth an imputation and slander against the chiefe Pastor of the Sea of Rome to wit that he should giue eare onely to one aduerse part and not be content to lend also another eare to heare what the other part accused can say in defence of their actions to condemne them before they come to their answer and before any crime to their knowledge be proued against them which would be an act of iniustice and contrarie to the laudable custome of the ancient Romanes yea heathens as is in the Actes of the Apostles Non est Romanis consuetudo damnare aliquem hominem Act. 25. priùs quàm is qui accusatur praesentes habeat accusatores locumque defendendi accipiat ad abluenda crimina It is not the Romane custome said Festus President of Iurie to king Agrippa to yeeld vp or condemne any man before that he which is accused haue his accusers present and take place to make his answer for to cleare himselfe of the crimes Is it not strange that any should be so presump tuously bold as to impute vnto his Holinesse that he who should be a louer of iustice and louing father of all his children should inflict so grieuous a punishment on Priests as to bereaue them of their life their life I say for that to take faculties from them is to take all reliefe from some of them and to take reliefe is to driue them into extreme miserie sickenesse famine and death yea and such Priests who for no hope of temporall emoluments or spirituall benefices but only as we are perswaded for gaining soules vnto Christ their Redeemer and after haue laboured some 20. some 25. some 30. yea and more yeares to that end during which time without expectation of preferment in this world they haue suffered many sharpe showers of tribulation some by imprisonment in sundry prisons many yeares and some many yeares banishment from their parents and friends and and natiue countrey too That these should be thus censured and depriued by the common Father and chiefe Pastor of the Church as if they had committed a crime so hainous so notorious in taking the Oath as needed no admonition might admit no excuse nor deserued any orderly proceeding in law I cannot be perswaded nor will beleeue it is so till I see more cuident signes thereof then hitherto I haue seene The materiall cause of suspension saith Cardinall Tolet is sinne for which it is inflicted Materialis causa proxima Tolet. instr sacerd l. 1. c. 44. Caietan verb. sulpensio Nauar. in sum c. 27. nu 159. for none may be suspended without sinne His words are Non enim absque peccato quis suspendi potest Cap. Satis peruersum d. 58. And this sin saith he most commonly is mortall Potest autem pro veniali aliqua suspensio imponi vt dicit Caietanus Dummodo tamen sit lenis suspensio sicut culpa Yet for a veniall sinne some suspension may be imposed so for all that the suspension be light as the fault is light Argum. text in l. respiciendum in prim ff de poen If none ought to be suspended grieuously but for some grieuous sinne then I trust it is vntruly giuen forth that his Holinesse hath inflicted so seuere a punishment on such Priests as haue taken the Oath because it hath not yet bene proued by any to haue bene a deadly yea or veniall sinne in them And then Ecclesia non debet praesumere de aliquo peccatum donee probetur as Saint Thomas saith Neither can they after due search and examination of their owne consciences accuse themselues to haue committed any sinne at all in so doing but rather discharged their duties as good subiects good Catholickes ought and haue not denyed by taking it any one point or Iota of faith at all nor disobeyed his Holinesse Breues of contempt which maketh a sinne but vpon well grounded reasons and authorities of good writers haue refused as lawfully they might to obey them Beside When as the end for which the pain of suspension or losse of faculties is inflicted is the vtilitie of soules as Cardinall Tolet affirmeth Finis suspensionis est idem Tolet. instr sac l. 1. c. 44. in fine qui excommunicationis Ecclesia enim animarum vtilitatem intendit quando corrigit castigat The end of suspension saith he is the same as is of excommunication for the Church intendeth the vtilitie of soules when she correcteth and chastiseth I cannot be induced to beleeue that his Sanctitie who in all weightie affaires as this is vseth the assent of his Senate of Cardinals will so rigorously proceed with Priests that haue alwayes liued and do desire nothing more in this world then to continue and end their dayes in that faith they haue hitherto professed and in the feare of God Who knoweth not that oft times necessitie driueth men to do that which they neuer thought Durum telum necessitas And now lately some Priests vpon these reports giuen foorth of hauing no faculties haue in such sort felt the alienation of Catholickes and the withdrawing their charitie from them for on the eight of this moneth for an addition to our afflictions it was written vnto vs by him that hath had the distribution of the common almes many yeares that from hencefoorth you may seeke to be relieued elsewhere for for my part I finde I shall not be able to helpe you any more hereafter as if necessitie could haue shaken them they might haue Psa 72. not onely said with Dauid Penè moti sunt pedes mei My feete were almost moued but had bene moued indeed Great reason we might thinke there was for vs to expect that his Holinesse would considering this pouertie of Catholickes of England to relieue and the multitude of prisoners to be relieued knowing we are such Priests as were made ex indulto Apostolico without title of benefice or patrimony rather haue taken some order according to the Councell of Trent to haue bene succoured and relieued in prisons then to expose such to famine by taking from thē the only meanes some of them had to vphold maintain their vnpleasant life Yet if it be true that is reported and that it is the Popes pleasure we must suffer more sharper showers of calamities and that orderly courses are not in this our case to be kept with vs let vs with patience comfort our selues in our Lord and say with Saint Paul Benedictus Deus Pater Domini nostri Iesu Christi Deus totius cōsolationis qui consolatur nos in omni tribulatione nostra God be blessed and the Father of our Lord Iesus Christ who comforteth vs in all our tribulation And do wish that these our afflictions may be cautions to all our countrimen to consider well the sequele of things and times before they make themselues Priests beyond the seas lest the like fall to them as to vs. FINIS Faultes escaped Preface A 2. line 8 reade ouermuch page 24. line 4. reade Emanuel p. 30. 1.12 reade pa. 24. Pa. 34. l. 5. pro defensione Ibidem l. 15. occupandam p. 42. l. 26. possunt p. 56. l. 11. reade can not get it p. 70. l. 10. wanteth in the margent Praefat. mon. Regis seren p. 62. Lat. p. 71. l. 27. saith he is superfluous p. 73. l. 26. adding reade doing p. 81. l. 35. son seruitore ibid schiauo p. 86. l. 13. hundred is superfluous p. 65. l. 26. put out only in temporals Ibidem l. 27. reade in spirituals in the Church and in the patrimony of the Church onely in tempotals p. 116. l. 22. of reade or opinion p. 125. l. 14. or reade of preiudicating p. 126. l. 25. and Christ himselfe reade and the same Prophet prefiguring Christ himself after commanded p. 136. l. 27. reade a worke hath bene wrought p. 137. l. 12. of reade from all Ibid. hath bene wrought Ibid. l. 17. reade as when our p. 138. l. 31. shall reade will p. 168. l. 11. Roman reade Romans