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A41019 Virtumnus romanus, or, A discovrse penned by a Romish priest wherein he endevours to prove that it is lawfull for a papist in England to goe to the Protestant church, to receive the communion, and to take the oathes, both of allegiance and supremacie : to which are adjoyned animadversions in the in the [sic] margin by way of antidote against those places where the rankest poyson is couched / by Daniel Featley ... Featley, Daniel, 1582-1645. 1642 (1642) Wing F597; ESTC R2100 140,574 186

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for ever be cleerely extinguished and never to be used or obeyed within this Realme or any other your Maiesties Dominions and Countries may it please your Highnesse that it may be enacted as followeth c. Hence I thus argue No Papist with a good conscience can take an Oath prescribed by an Act of Parliament made purposely and with an expresse intention for the extirpation of the Popes jurisdiction and Supremacie over the whole Church which he claimeth by vertue of Christs promise made to Peter tibi dabo claves But such is the Oath of Supremacie as appeares by the Statutes above cited Ergo No Papist with a good conscience may take it 2. Secondly from the letter of the law and formal● and expresse words of the Oath which are these That neither the See nor Bishop of Rome nor any forreigne Potentate hath or ought to have any Iurisdiction power or authoritie within this Realme neither by Gods Law nor by any other iust law or meanes Henry 8.35 yeere hereunto adde the Admonition to the Queenes Injunctions Hence I thus argue No Papist may take an Oath which containeth in it the renouncing a prime Article of his faith necessary to salvation in his Religion and the iudgement of his Church But every Papist taking the Oath of Supremacie renounceth a prime Article of his faith necessarie to salvation For so we reade in the Extravagans cap. unam sanctam de maior et obed Subesse Romano pontifici omni humanae creaturae declaramus dicimus definimus et pronunciamus omnino esse de necessitate salutis We saith Boniface the eighth declare say define and pronounce that it is altogether or absolutely necessary to salvation for every humane creature to be subiect to the Bishop of Rome Ergo no Papist may take the Oath of Supremacie 3. Thirdly from the judgement of the Church of Rome which accounteth Fisher Bishop of Rochester and Sir Thomas Moore sometimes Lord Chan●ellour of England blessed and glorious Martyrs because both these lost 〈◊〉 heads ●ather then they would acknowledge the King Supreame Head 〈…〉 and 〈◊〉 the Popes Headship To omit the testimonies 〈…〉 ●ovius Bishop in Italie Iohn Cochleus of Germanie William Paradine a learned Historian of France Cardinall Poole living in the Court at Rome and writing to the King in the defence of Ecclesiasticall unitie saith thus by the figure of Apostroph● Thy Father O England thy ornament thy de●●nce was brought to his death being innocent in thy sight and a little after he lef● his life for thy sake left he should overthrow and b●tray thy salvation and Cardinall B●llarmine in his Booke De Scriptoribus Ecclesiasticis ab Anno 1400. ad 1500. thus writeth of Fisher Bishop of Rochester Iohannes Fischerus natione Anglus Episcopus Roffensis posteà S. R. E. Cardinalis et quod longe gloriofius est Martyr Christi occisus est Henrici octavi Regis anglorum iussu Anno 1535. Iohn Fisher an English man Bishop of Rochester and afterwards Car●inall and which makes him farre more glorious a Martyr of Christ was slaine by the coommandement of King Henrie the eighth in the yeere of our Lord one thousand five hundred thirty five Whence I thus argue To his evasion that it was not the same Oath See the answer p. 119. letter R. and the Appendix p. 141. Either Fisher and Moore were no Martyrs who died for refusing to take this Oath or they are no good Papists who take it But Fisher and Moore were famous and glorious Martyrs in the opinion of the Romane Church as hath beene prooved Ergo they who take the Oath of Supremacie are no good Papists 4. Fourthly from the confession of this Priest pag. 118. The Oath of Supremacie when it was made in the dayes of King Henry 8. was unlawfull to be taken by any Catholique and pag. 119. If any had sworne the King to be Supreame Head of that Church he would have sworne false as making the Church a monster having two heads or depriving the Pope of his authoritie granted him by God Whence I thus argue The Oath of Supremacie prescribed by that Act of Parliament in the 35. of Henry 8. was unlawfull to be taken by any Roman Catholique as this Priest confesseth But the Oath of Supremacie prescribed by Act of Parliament in the first of Elizabeth in force at this day is the same with the Oath prescribed by Act of Parliament in the 35. of Henrie the eighth as appeareth by comparing both the Oathes together with a proviso in an Act the fifth of Elizabeth for expounding this Oath where it is said That we confesse and acknowledge in her Maiestie her Heires and Successours no other authoritie then that which was challenged and lately used by the noble King Henrie the eighth and King Edward the sixth as in the Admonition to the Qeenes Injunctions more plainly appeares The Queenes Maiestie would that all her loving subiects should understand that nothing was is or shall be meant or intended by the same Oath to have any other Dutie Allegiance or Bond required by the same Oath then was acknowledged to be due to the most noble King of famous memorie King Henrie the eighth her Maiesties father or King Edward the sixt her Maiesties brother Ergo the Oath of Supremacie prescribed by Act of Parliament the first of Elizabeth is unlawfull to be taken by any Romane Catholique I conclude therefore super tota materia that the taking of the Oath of Supremacie is an abrenunciation of the Romish faith and consequently that we wrong no Papist that takes the Oath if we beleeve him a forswearer who forsweares his beliefe De memorando irrotulat● * The Hel●esaus w●re cond●mned for heretikes for hol●ing a man might deny his faith with his mouth so hee keepe it in his heart Euseb. h●st l. 6. c. 31. a Rom. 10.10 Cic. pro 〈◊〉 Am●r vultu saepe lad●tur 〈◊〉 Ep. ●● contami●ari se 〈…〉 a●am illam vid●●i● 〈◊〉 ibid. Fe●end●m ne est ut gentilis sacrif●c●t christianus inter sit S●zo hist. eccles l. 5. c. 16. prejecto ad pedes au●o c. * Suidas in Auxent * Marcus Bishop of Arrethusa Theod. hist. l. 3 c. 6.
moral cap. 11. 27 punct● 2.4 5. who saith It is lawfull for Catholiques to pr●y together with Protestants to heare their Service and goe to their Sermons And for this opinion he citeth Navarr lib. 5. Con. 10. 12. de haeret who as all men know was a pious Divine and a man of a tender conscience Againe the said Azorius saith in the said cap. 27. puncto 5. That if an hereticall Prince commands his Subjects that are Catholiques to goe to Church upon paine of death or losse of goods if he doe this only because he will have his lawes obeyed and not to make it Symbolum hereticae pravitatis nor have a purpose to discern thereby Catholiques from Hereticks they may obey it Gregory Martin one of the translators of the Bible into English cited by the said R. P. in his book aforesaid pag. 101. 109. Diana 5. part tract de scandal pag. 191. resol 33. where he saith a man may use the habit and ceremonies of a false law being in danger of death See Hurtado de Mendoza and others by him cited And Paulus Comitolius Resp. moral lib. 1. q. 47. when he comes to handle the question whether a Professour of the Romane faith being sent into those parts where the Greeke Church observes other rites may goe to their service he allows it and builds upon this reason That by the Law of God and nature it is lawfull and the precepts of the Church if any there were that forbid this doe not binde Christians in cases of great detriment to the life or soule or honour or fame or outward things See Azor. above cited for going to the Schismaticall Church of the Greeks where he saith that a Catholique hearing Masse in a Schismaticall Church there on a Sunday fulfilleth the precept of the Church commanding the same See further the Decree of the Councell of Constans and Martin the 5. which beginneth In super ad evitanda scandala c. for the communicating with hereticks as well in service as otherwaies Which Decree extends it selfe further then to our purpose For by the same we may communicate with Hereticks fallen in a Catholike countrey if it be not in point of heresie Yea receive the Sacraments of Priests excommunicated either by law or any sentence of man so they be tolerated and not by name excommunicated See Diana pag. 175. col 1. and the said Hurtado whom he cit●th If then we may communicate with such men where there may be some danger of sin why should we not communicate with Protestants where there can be no danger of sinne as shall be hereafter prooved It is fourthly proved by the practice of all Catholikes in forreigne Countries for Germany See for Germany and France Navarr lib. 5. Consil. 12. de Heret and see the foresaid Author of the answer his words are these cap. 9. pag. 216. And indeed if the German Catholiques had beene so restrained persecuted and put to death as the English have beene these yeers and had not gone by halfes with the Protestants as in some places the have done they had had perhaps farre more Catholiques at this day and them more zealous and their whole Nation perchance reduced ere this Thus he Where is to be noted that his perhaps and perchance are nothing worth For by their going to Church as he termeth it by halfes with the Protestants their countrey became Catholike long since whereas his zeale of persecution hath not converted ours yet neither is yet like to doe For Scotland it is confessed by the said R. P. pag. 69. with his judgement of their miserie ins●ing thereby but the truth of the miserie I shall shew hereafter who yet in plaine termes doth not deny my assertion but here and there granteth that some learned discreete man where there is no scandall and in whom there is no danger of subversion may goe to the Church of heretiques and heare their Sermons Much more say I then to the Church of Protestants most of whom are not to be called properly formall hereticks for to heresie as it is a sinne against faith and maketh a formall hereticke is required obstinacie or pertinacie against the doctrine declaration and sence of the Church See Saint Thomas of Aquin. 2● ●ae q. 11. ar 2o. Cajetan Bannes idem Aragona art 1o. Suares disput 19. de fide sect 3. Now what obstinacie can Protestants be said to have in their opinions with relation to a Church they know not for they know none other but their owne so that although they beleeve amisse whereby they may suffer in the next world and speake hereticall propositions yet because they proceed not from an hereticall mind or consent they are not perfectly heretiques Adde that I my selfe in Germany with other Catholiques of the same countrey have gone to a Synagogue of Iewes without any scandall or having beene judged to have done amisse Ergo I and others may go to a Church of Protestants without any scandall or being judged in reason to have done amisse And I can assure my selfe whatsoever others may thinke of my assurance that the lawfulnesse of going to Church is the common opinion of all forreign Divines that ever I conversed with in any Vniversitie Which in part may be proved by the fact of a certaine Catholique Lady who going to Church in England sent her Priest to Paris to have this case resolved by the Sorbon Doctors who all Subscribed That a Catholique in England might lawfully goe to the Protestant Church That this is true it may be justified by some persons of great qualitie yet alive If any English Scholler shall answer that we went to the Synagogue of Iewes out of curiositie and when they did not exercise their rites and ceremonies I reply that to choose we would have gone if we might have had private conveniencie unknowne to them to have seene their rites and ceremonies neither doe we set downe our intention of going for if it may be done with any intention lawfully especially where the whole matter of all their rites and ceremonies is alwaies conserved to wit a burning lampe with oyle for the soules departed now as they conceive in Limbo patrum a place where the oblation of oyle to that purpose is alwaies kept the tenne Commandements placed in veneration a number of linnen rolles or bands wrote with Hebrew letters wherwith they binde the tenne Commandements according to their distinction of feasts the knife of Circumcision and the like Which may be stumbling blocks to some weake Christians although the men to performe these rites should not be present why should wee not goe to the Protestant Church with some intention lawfully where there are onely men within bare wals saying some Catholique service by them pieced up together without any Catholique forme not to the possible hurt of any but themselves and whether I went to the said Synagogue out of curiositie or out of the love of science to reason