heard his wife Abigail recount vnto him who by her prudence had appeased and pacified Dauid coming in furie and rage to reuenge what Dauid had intended against him he feared and trembled in such wise as with the newes he became euen senslesse Et emortuum est cor eius intrinsecus 1. Reg. 25. factus est quasi lapis that is And his heart was dead inwardly and he became as a stone and there upon within ten daies after striken by God gaue vp the ghost Had Nabal cause to feare Dauid not then accepted of the people for king Saul being yet aliue and haue not we iust cause to feare how we offend and stirre to ire our dread Soueraigne so mightie a Monarch Was the occasion that Nabal gaue in comparison of that of our Catholickes alike Conferre the crime of the one and the other and you shall find great inequalitie as great as betweene a word and a blow yea such a blow as posterity will hardly beleeue could be offered when they shal reade it in Chronicles Meane while we that by Gods goodnes are yet liuing and be eye witnesses thereof haue cause to lament and testifie with Habacuc the Prophet Quia opus factum est in diebus nostris Habac. 1. quod nemo credet cum narrabitur That a worke hath bene done in our daies which no man will beleeue when it shall be told and to wish that some discreete Abigail may be found to step forth and meete with our liege Lord comming in great ire to reuenge and with prudence to pacifie and perswade him to surcease for the loialtie and true affection of many other his innocent Catholicke subiects who lie prostate at his royall feete lamenting their brethrens follie and humbly beseeching pardon with offer for and in his defence of both life and limme But woe is me whilest some endeuour to quench a flaming fire by taking away the wood knowing that Cum defecerint ligna Prou. 26. extinguetur ignis When the wood faileth or is taken away the fire will be quenched others put more wood to the fire and so increase the flame Whilest his Maiestie meditateth mercie and requireth that which iustly he may and we in conscience are bound to performe Nabal yea many Nabals arise and do adde matter to kindle his wrath in resisting his will and denying his iust demand which is only to discharge their duties in rendering to Caesar that is Caesars to sweare fealtie and true obedience vnto him in temporals according to the tenure of the Oath framed and enacted the third yeare of his reigne without derogation to any spirituall authoritie of the Pope or infringement of any point of the Catholicke faith The cause then wherefore this Oath of allegeance was made no man can doubt but the most barbarous Gun-powder conspiracy was the onely vrgent motiue it neuer being in common knowledge so much as thought of before The scope and end thereof was that by taking or refusing the same the King and State might distinguish betweene true and faithfull and hollow-hearted Catholicke subiects Regis Praemo pag. 12. and his Maiestie might be more fully assured of their constancie and fidelitie in time of need vpon any cause to be offered whatsoeuer or by Prince people Pope or whosoeuer And can any man maruell that the Pope is therein named Doth this scandalize any Consider but what they were that inserted it the time and place and pretence of reason they had or might haue to imagine being so aduerse or opposite to him in religion and the Treason so fresh in memorie that his Holinesse might giue leaue or encouragement or at least be priuie and so to winke at such an attempt presuming that no Catholicke durst enterprise such a fact without conniuence at least of supreme authoritie And had they not cause to feare or doubt him more then any other none being therein culpable but only Iesuites and Catholickes of whom some haply thinke themselues bound to obey him whatsoeuer he command for that in their opinion he cannot erre in commanding Howbeit we that are by Gods grace Catholicks also agreeing in all points with Christ his Vicar the Pope of Rome in vnitie of faith do no way suspect that euer he was consenting much lesse gaue way to authorize such enormous and wicked designements though withall we dissent from them that thinke he cannot erre no not in a matter of fact The State there assembled were not such babes as that they needed be taught of the Pope his proceedings with Princes about their depriuations or depositions for diuers crimes when he hath hope to preuaile but especially for heresie or apostasie They knew right well likewise that if his Highnes should be by his Holinesse denounced and declared an hereticke what dangers might soone after ensue therefore was it thought wisedome to preuent a mischiefe ere it happen in exacting an Oath of allegeance at Catholicks hands in that maner and forme as it is set downe thereby more firmly to binde them to the performance of their dutie whereto otherwise by the law of God and nature they rest obliged For it is to be presumed that a Christian an honest man that hath feare of Gods iudgements wil not become perfidious nor rashly or vniustly breake that oath which discreetly and iustly he consented to take Iurabit proximo suo Psal 14. non decipiet He will sweare to his neighbour and wil not deceiue him By this now I trust deare Catholicke brethren you are satisfied that an Oath of allegeance may be iustly exacted at our hands and that we are bound to sweare fealtie to our Prince when it shall be required of vs. But you make doubt lest more be contained in this Oath then fealtie or ciuill obedience to his Maiestie viz. some points against the spirituall authoritie of the Pope which you being Catholickes may not gainsay but are bound in conscience to maintaine If you could satisfie vs say you that nothing is therein contained against any article of faith and that we may disobey his Holinesse who prohibiteth the taking thereof without danger of mortall sinne you shall do vs a singular pleasure therfore I pray you resolue vs herein that are much perplexed about it by reason of the great corporall troubles we are like to fall into if by disobeying the King we refuse it or for the hazard of our soules as we thinke if in disobeying the Pope and scandalizing our brethren the Catholickes we take it Beloued brethren I trust you expect not at my hands that I should fully and exactly discusse euery point of the Oath and answer euery scrupulous difficultie that some vse to make albeit it might be easie to effect for it would require a better librarie then mine is at this present more labour then I can well affoord by reason of my feeble bodie and a larger treatise then I meane to make Your desire is as I presume onely to know
other kings of Iuda who were much more wicked then Saul was and on impious Ieroboam that led with him all Israel to Idolatrie Achab Ochozias Ioachaz and the rest of the kings of Israel who exceeded in all kind of impietie in whose dayes florished Ahias Semeias Elias Eliseus Isaias Ieremy and other great Prophets indued with maruellous courage zeale authoritie and sanctitie of life yet none went about to depose or take the crowne from the head of any Prince lawfully inuested though he were neuer so wicked knowing right well that whatsoeuer they wrought with Princes about the ouerthrow of some or setting vp of others or foretold what was to happen vnto them it was not by any ordinarie power that they had but extraordinary by speciall commandement and reuelation from Almightie God Now by this fact of Samuel it may well be deduced that whensoeuer the Pope gouernour of Gods house shall haue speciall reuelation from aboue as Samuel had that such a particular king is to be deposed and another placed in his roome thē it cannot be denied but he may do as Samuel did that is as I haue said he may and ought to declare the will of God reuealed vnto him without any concurrence to the execution thereof onely denouncing Gods sentence of deiection or deposition of such a Prince when he knoweth certainly that so is the will and pleasure of our Lord whose will none may contradict Voluntati eius quis resistit Who is able to resist his will nor is any to expostulate why he doth so And if such a thing should euer happen then were the argument good and sound otherwise weake and of no force If any man after this obiect vnto me that Athalia was deposed and slaine by the commandement of Ioiada the high Priest when she had reigned seuen yeares therefore it seemeth he had authoritie frō God so to do and if he had why should not the Pope haue the like ouer exorbitant Princes For solution hereof I referre him to the place of holy Scripture where he may see with halfe an eye 4. Reg. 11. that Athalia was no lawfull Queene but an vsurping tyrant who had murthered all the kingly race and so intruded her selfe most vniustly Whereupon Ioiada high Priest brought forth and presented to the people Ioas sonne to Ochozias who was strangely preserued by meanes of his Aunt Iosaba when he was but an infant from that tyrannous slaughter made by his Grandmother Athalia and together with their full consents performing the dutie of a good subiect restored the true heire to the right of his kingdome which could hardly haue bene effected without the high Priests assistance who was the chiefest in matters of religion and therefore much honoured and respected of the people So this fact of Ioiada proueth nothing but that it is lawfull for a state or commonwealth to depose an vsurper and restore the true heire to his right and not that he had any authoritie to depose any lawfull Prince were he otherwise neuer so exorbitant in life manners and beleefe or cruell in his gouernment Well Sir though this be granted that neither the Synagogue of the Iewes nor Samuel the Prophet nor Ioiada the high Priest had authoritie to depose Princes and dispose of their temporals yet can we not be perswaded but that the Church of Christ and his Vicar in earth the Pope whose power is not limited to one sort of people as it was in the old law but is extended ouer all Christians as well Princes as people throughout the world may iustly depose kings and dispose of their kingdomes when he shall iudge it expedient to the glory of God and vtilitie of the Church And the rather because this hath bene practised by diuerse precedent Popes vpon certaine Princes in these latter ages for crimes adiudged by them to deserue the same which we suppose they would neuer haue enterprised had they not sufficient warrant out of holy Scriptures or examples of the Apostles and ancient Bishops of Gods Church or else authoritie from the holy Ghost by a definitiue sentence in some generall Councell We pray you touch this point so as you may resolue vs throughly whether they haue all or some of these proofes for that authoritie if they haue not then is it cleare in our opinions not to be de fide and if it be not a point of faith binding all to beleeue that his Holines hath such authoritie we see no reason why vpon his bare commandement we should so deepely plunge our selues into a sea of calamities as of necessitie we must by losing all lands and goods whatsoeuer we haue to the vtter vndoing of our selues wiues and children and hazarding our liues by perpetuall imprisonment for refusing to performe our dutie to our Soueraigne by taking the Oath of allegiance wherein we sweare fealtie and ciuill obedience which is due by the law of God and nature Reddite quae sunt Caesaris Caesari quae Dei Deo Render saith our Sauiour to Caesar that which is Caesars and to God that which is Gods Besides if we refuse it we shall not take away but greatly increase the heauie imputation of treason and treacherie which our aduersaries haue this long time layd on Catholickes and confirme them in this their wrong opinion that to be a true Catholicke of the Romane Church and a good subiect cannot stand and agree together Beloued brethren lest any man be scandalized at this my writing iudging it not to sauour of a true Catholick heart nor of an obedient child of the Apostolicke Church but rather to proceed from an euill affected minde fraught with passion accept for a premunition and I wish I may not be mistaken * that sincerely and without spleene or passion I intend to set downe nothing but what I shall thinke in my opinion to be truth and that I honour and reuerence with heart and mind the holy Catholicke Church of Rome acknowledging and stedfastly beleeuing with the holy Fathers that to be the mother of Churches the Sea of Peter the rocke against which hell gates shall not preuaile the house of God out of which who eateth the Lambe is profane and out of which no saluation is to be hoped for as the great D. S. Augustine and others do teach vs In serm super gestis Emer Donat. and elsewhere Hieron ep ad Dam. Amb. 1. Tim. 3. Athan. ep ad Felicem and that the Pope is the chiefe Bishop and Pastor thereof Christs Vicar in earth and successor to S. Peter prince of the Apostles who by his spirituall power giuen by Christ our Lord hath iurisdiction ouer all Christian Princes and monarchs as well as poore men so farre as is requisite to the conuersion and feeding of soules But I cannot easily be induced to beleeue that this power giuen him by Christ in S. Peter extendeth it selfe to the depriuation or deposition of secular Princes of their dominions or to the deposing
disturbance of him or his people c. This they so vertuous and learned did with their Prince without resistance as knowing it to be their dutie so to do and his case to be farre different from that of our Soueraigne who was neuer excommunicated nor relapsed or indeede hereticke as I haue alreadie said and could more largely proue if need were yet they did not then nor euer will denie the Popes spirituall power to excommunicate And may not the King of great Brittaine require the like of his subiects both Clergie and people and they performe the same as well as the French without preiudicating the Apostolicall power When Monsignore Fontana Bishop of Ferrara knowing well the now Duke of Modina then vsurping the title and dominion of Ferrara to be excommunicated by name in most parts of Italie did notwithstanding of necessitie communicate with him as a subiect with his Prince and did refuse to publish it in his owne Church without the Dukes consent notwithstanding the Popes order and commandement vnto him Will any man say that this good Bishop denied the Popes spirituall power to excommunicate That were ridiculous or offended in disobedience No necessitie if nought else excused So enough of this matter There is another knot to be vntied which seemeth insoluble to wit that I do beleeue that neither the Pope nor any person whatsoeuer hath power to absolue me of this Oath or any part thereof c. And that I doe renounce all pardons dispensations to the contrary Is not this a plaine denying of the Popes spirituall authoritie Cardinall Bellarmine in Tortus plainly teacheth me Tortus §. 5. that he who a little before by swearing denieth the Popes power to bind the same doth now denie his power to loose For of those words of our Lord Quodcunque solueris super terram erit solutum in coelis all Catholicke men gather that power belongeth to the chiefe Bishop to absolue not onely from sins but also from punishments censures lawes vowes and oathes when it may be expedient to the glorie of God and health of soules This knot to him that vieweth it well will not be found to haue more difficultie to vnknit then the former of binding For as it is an vndoubted veritie that no Bishop no nor the Pope can by vertue of excommunication lesse by any temporall power out of his owne territories thrust any priuate Christian man out of his possessions who before had right thereto and bereaue him thereof as hath bene proued so it is as certaine that they can no more absolue a subiect of his dutie and naturall allegiance to his Prince and of his oath of fealtie made vnto him discharging him of all subiection and obedience then they can a wife of her dutie to her husband of childrens honoring their parents or seruants their maisters being warranted for the performance thereof by the law of God Honour thy father and thy mother c. against which no power in earth can dispence nor absolue them that is release them of such dutie At this word Absolue some silly soules yea and others that would be accounted wise are as it were scandalized beleeuing that taking the Oath they shall denie the Popes spirituall power of absoluing a sinner of his sinnes in foro conscientiae which euery Priest hauing iurisdiction may do little considering that they are not like to confesse their sinnes to him this yeare or euer in their life and out of confession his authoritie stretcheth not to remit or absolue one from deadly sinne These in a sort resemble some good creatures that I haue noted in Italie when they heare the Preacher in his sermon vtter this word Confiteor will by and by knocke their breasts thinking he is talking of confession when as the word signifieth sometime to giue thankes And like people of small vnderstanding beleeue that by renouncing all pardons and dispensations to the contrary they must denie the Popes power of granting indulgences or pardons as the practise is to beades graines crosses c. and of dispensing in any case whatsoeuer it being spirituall as cannot be denied Here I stand ambiguous Prou. 26. whether I should follow Salomons counsell or no Responde stulto iuxta stultitiam suam ne sibi sapiens esse videatur Answer a foole according to his folly lest he thinke himselfe wise It shall not be haply amisse for their more satisfaction to condescend somewhat vnto such letting them to vnderstand that to men of any iudgement it must needs be ridiculous who know it cannot nor ought so to be vnderstood but onely of pardoning and dispencing or releasing subiects of a lawfull Oath of fealtie and dutifull obedience to their Soueraigne This is not spirituall power which belongeth to the Church and therefore when such pardons and dispensations shall be offered by his Holines as is neuer like to be euery good subiect is bound to renounce them as being contrary to the ordinance of almightie God I aske these what they thinke whether the Pope or any power in earth can command absolue in this sence as we take it or dispence against the law of God and nature They must needs say as truth is he cannot and according to S. Thomas doctrine In his quaesunt de lege naturae 2.2 q. 88. ar 10. in praeceptis diuinis non potest per hominem dispensari In such things as are of the law of nature and in diuine precepts it cannot be dispensed withall by man Then I inferre and it is Barclaies argument not solued by Cardinall Bellarmine But subiection and obedience due to Princes and superiors is de iure naturali diuino this cannot be denied being euident in Scriptures Therefore neither the Pope nor any power in earth can command any thing absolue or dispense against it and consequently cannot command subiects not to performe obedience to their Prince or superior in that wherein he is superior if he should it is lawfull for them not to obey him not to accept of such a dispensation We grant with the Cardinall that it appertaineth to the Popes spirituall power to absoblue from sins also from paines and censures lawes vowes and oathes verumt amen non quidquid libet licet it is not meant in all lawes all vowes nor all oathes No man I thinke will say that he can absolue from the iust ciuill lawes of secular Princes for that were in alienam messem falcem mittere and to be a monarchicall superior in temporals which is not to be admitted but onely in his owne lawes and the Canons Decrees or positiue lawes of the Church wherein I confesse he hath plenitudinem potestatis as likewise Princes haue in the commonwealth and thereby may dispense in their owne lawes as S. Thomas teacheth 2.2 q. 6.7 ar 4. Princeps habet plenariam potestatem in republica 1.2 q. 96. a. 5. ad 3. Who according to the same in another place is said to be
A MODERATE DEFENCE OF THE OATH OF ALLEGIANCE Wherein 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 soueraigne 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 IEREM 4. Iurabis Viuit Dominus in veritate in iudicio in iustitia Thou shalt sweare Our Lord liueth in truth in iudgement and in iustice Permissu Superiorum An. Dom. 1612. An Admonition to the Reader THe purpose of the Author in this Treatise is to manifest vnto such as imbrace the Romaine faith that they may take the Oath of allegiance vnto his Maiestie without any preiudice vnto the same And therefore if in this his ensuing discourse he hath inserted any peculiar doctrines of the Church of Rome those that are of an aduerse perswasion ought not to take offence but rather make true vse thereof and haue iust cause to acknowledge the clement and moderate proceeding of the State herein THE PREFACE OF THE AVTHOR TO THE READER WHEN by the prouidence of Almightie God courteous Reader who sweetly disposeth all things I was by two Pursuiuants apprehended the 24. of March 1607. after our English accompt and committed to the Clinke by the Lord Bishop of London on the 26. of the same moneth 1608 I entred somewhat more deepely into the consideration of the controuersie of the Oath of allegiance then before whilest I was at libertie I had done And presently consulting with some of my brethren whom I found there prisoners before my comming I thought it very expedient to informe the Popes Holinesse of the lamentable estate of our countrie what miseries and imminent dangers such Catholikes as should refuse the Oath of allegiance were like to fall into by reason of his Breues prohibiting them to take it what diuision among Catholickes what perturbation they were vndoubtedly to breed in the Church of England our dread Soueraigne being thereby not without iust cause exasperated hoping by such meanes to procure a remedy before the malady grew too desperate But they more prudent and better experienced in such like Romane informations then my selfe thought it better in their iudgements and more expedient with patience to expect future euents from Rome and not so to proceed as being to small or no purpose at all Hereupon I rested satisfied though sorie in mind to consider the manifold euils that were like to ensue as long as these two principall powers Ecclesiasticall and ciuill the Pope and our King were at variance and did not intend to set pen to paper of this matter for that I knew my selfe the meanest among the rest of my brethren that had taken the Oath and because I had as I thought in discharge of my particular duty made sufficient proofe of my loyaltie towards his Maiestie by accepting the Oath when it was required at my hands In the end aduised by a friend one of my brethren to premeditate and prouide reasons for our taking it to be sent to Rome for it was to him more then probable he said that in short space after we should receiue a commandement from his Holinesse so to do and desirous withall to yeeld some satisfaction to the State for the great scandall certaine of our brethren had giuen by their perfidious inconstancie in taking the Oath anon after being freed from troubles relented and impugned as hath bene reported that which they seemed by their act to haue iudged lawfull I resolued vpon mature consideration to reduce into some method for helpe of my memorie and satisfaction of a friend certaine notes which in scattered papers I had collected cōcerning this matter not intending yet to publish them for feare first of offending some Catholikes who pretending the Oath to be vnlawfull though they know not well wherein are ready with rash censures to iudge and condemne before sentence of condemnation from the chiefe Iudge be giuen but especially I feared lest I should offend the Popes Holinesse who in his Breues hath either admonished or prohibited all Catholikes to take it or to teach the lawfulnesse thereof At length knowing my intention to be not to offend any one nor to contemne his Holinesse commandement but to aduance what in me lyeth the glory of God by setting downe sincerely what in my iudgement is truth and perswading euery Catholike subiect to render to Caesar those things which are Caesars to performe his dutie to his Maiestie in taking the Oath of allegiance to seeke thereby to remoue the imputation of treachery and treason I held it my dutie both to God and man to breake silence to cast away this humane feare and to put on the mantle of charitie quae foras mittit timorem 1. Ioh. 4 Howbeit gentle reader whilest I meditated to go forward in these my labours for the benefite of my brethren in Christ the Catholikes of England sodainly that questiō of our B. Sauiour as it were to deterre me from thē came into my mind Quis ex vobis volens turrim aedificare Which of you minding to build a tower doth not first sit downe and recken the charges that are necessarie whether he haue to finish it lest after he hath laied the foundation and is not able to finish it all that see it begin to mocke him saying That this man began to build and he could not finish it I forthwith stayed and cast my accompts that is I weighed the small meanes I had to relieue me taking paines my infirme and feeble body slender furniture of bookes and many interrupted distractions which my pouerty in prison ministred vnto me and considered whether I might be able to bring this short treatise to an end so auoide that illusion This man beganne to build and he could not finish it Then though my meanes and abilitie euery way I knew to be small yet trusting in the assistance of almightie God whose glorie hereby I principally seeke and is the chiefest reason of this my processe I was by and by encouraged to attempt the defending of this Oath which I iudged farre beyond my talent calling to remembrance that of the Prophet In Deo meo transgrediar murum Psal 17. In my God I will passe ouer a wall Philip 4. And the saying of S. Paule Omnia possum in eo qui me confortat I can do all things in him that is through his helpe that strengtheneth me nothing doubting also but Phil. 2. v. 13. Qui operatus est in me velle operaretur perficere pro bona voluntate He that wrought in me to will would likewise worke to accomplish according to his good will Vpon
not obey the Pope excōmunicating an hereticall king vnlesse he beleeue that an hereticall king cannot be excōmunicated by the Pope Nay here in our Oath with due respect to his Grace be it said is neither openly no nor couertly denied that the Pope hath power to exōmmunicate Kings though they be heretikes as the Cardinall beareth his reader in hand I maruaile he wold in such wise adde vnto thrust into the text of the Oath that which no man no nor himselfe can find therein For let it be well viewed and considered it will presently appeare that there is no mention at al of the Popes excōmunicating Kings though they be heretiks or heretical Kings but onely if he should excommunicate our King and absolue his subiects from their obedience yet I will beare true faith and allegiance to his Maiestie What sincere dealing is this Such glosses or wilfull additions are but manifest corruptions of the text which ought not to be vsed by any that professe sincerity truth So this makes nothing against vs but rather against himself Then he cometh with his needles minor which no Catholick denieth But power to excōmunicate is intrinsecall to the Apostolicke primacie and vnseparable from it when as our Lord said to Peter as to the first spirituall Primate Math. 16. Whatsoeuer thou shalt binde vpon earth shall be bound also in heauen What is this to the purpose What Catholicke that hath taken the Oath will denie it It is not vnlike to one that frameth an aduersarie in the aire to fight withall If French Catholickes be demanded what they will do in this case if the Pope should excommunicate their King and discharge his subiects of their obedience they will forthwith answer that notwithstanding any monitions excōmunications or interdicts they will not forsake but obey their King in temporals from which obedience they cannot be absolued or dispenced withall by the Pope as is in decretis Ecclesiae Gallicanae lib. 2. cap. 1. Nay they will bring certaine priuiledges for them and their King against the Popes censure of excommunication yet these like good Catholickes will beleeue that he hath power to excommunicate an hereticall King So in our case a man of any iudgement may clearely see it is neither openly nor couertly explicitè nor implicitè denied but plainely granted of such as take the Oath that the Pope may excommunicate albeit vpon iust cause adhering to his Prince he obey not the sentence I aske if his Holinesse in Rome should determine to create some Priest or Prelate Cardinall or Bishop and he of humilitie or for some other cause best knowne to himselfe notwithstanding the Popes determination refuse to accept of the dignity Quis est hic laudabimus eum Who is he and we will commend him doth it follow that therefore he denieth the Pope to haue power to conferre those dignities on them Or if a King be pleased to extend his mercie toward an offender condemned to die granting him a pardon can it be said though he list not to accept thereof notwithstanding the Kings grant for that he hath a shrewd wife that maketh him wearie of his life or for some other cause that he denieth the King to haue power to pardon his offence It may be admired that one so excellently learned will argue so weakely None would haue thought but the booke bearing the name of Mattheus Tortus had bene in deed his Chaplains not the Cardinals had not his Grace discouered himselfe in his answer to our Kings Apologie Whosoeuer saieth or sweareth that notwithstanding any sentence of excommunication yet he will beare true faith and allegiance to his Prince no way denieth it but supposeth such a sentence to be or to haue bin When the Pope in his writings putteth this clause Non obstantibus constitutionibus Apostolicis contrarijs quibuscunque Notwithstanding any contrary Apostolicall constitutions whatsoeuer c. as in the Briefe of Paulus the fifth to maister George Birket dated 1. Febr. 1608. or in others Non obstantibus priuilegijs quibuscunque c. Notwithstanding whatsoeuer priuiledges Is it not manifest that such priuiledges or Apostolicall Constitutions are supposed to be or might haue bene before granted So in our case none denieth the Popes excōmunication but chuseth vpō iust cause to adhere to his Prince notwithstanding the sentence of excommunication against him which he presupposeth to be or else may be granted If any will say There can be no iust cause to adhere and obey his Prince if he be excommunicated it were ridiculous and false as all writers affirme some cases being excepted whether he be excommunicated à iure vel ab homine Vict. de excom nu 10. Cum omnibus excommunicatis saith Victoria among the rest quocunque modo sint excommunicati c. With all excommunicate persons in what sort soeuer they are excommunicated it is lawfull to participate in these things which are contained in this verse Vtile lex humile res ignorata Tolet. l. 1. inst sacer c. 11. n. 7 Nauar. Ench. c. 27. n. 26. Tho. 4. dist 18. ar 4. necesse Nauarre likewise Regulariter participans c. Ordinarily he that communicateth with one that is excommunicated with the greater excommunication incurreth the lesser yet it faileth in these Vtile lex c. The declaration of which words he that vnderstandeth Latin may see in the same place of Nauarre in Caietans Summe Emanuel Sa and other Authors Now who is so simple as to thinke that a wife is bound to abandon her husband and not to participate with him children to forsake their fathers seruants their maisters and not communicate with them in domesticall affaires if they should be excommunicated If it be lawfull for such as it is by lex and humile why not also for subiects to communicate in all ciuill causes with their Prince there being absolute necessitie besides vtile and humile to warrant them so to do according to the rule as it is in Nauarre Quod non est licitum in lege necessitas facit licitum What is not lawfull in the law Nau. Ench. c. 27. nu 35. necessitie maketh lawfull It is not vnknowne that Henrie the fourth the late French King obtaining the Crowne of France when he was yet an hereticke relapsed and de facto excommunicated by the Pope required an Oath of fealtie of the Clergie of Paris for the better securitie in his dominions as by their records do appeare whereupon the chiefe of all the learned Doctors and faculties both of the secular and religious Clergie of that citie willingly without delay performed their dutie taking a corporall oath of fealtie and true allegiance to his Highnesse notwithstanding the Popes excommunication with promise to assist him to their power against all leaguers whatsoeuer among which his Holinesse at that time was one that should machinate or attempt any thing against his person hinder his peace and quietnesse or raise armes to the
is not deliuered vs by man but is proclaimed from God admitteth no humane dispensation at all neither is it lawfull for any man in any sort to absolue from these that is Ioan. De Turrecrē in can Lector dist 34. diuine precepts Such I take our Oath of allegiance to be published and proclaimed by God commanding subiects and all inferiors to render vnto Caesar and all superiours their due against which no dispensation no absolution can be of force And herein I say not that his Holinesse cannot dispence or absolue from any Oath but from this particular Oath wherein is nothing promised which is not manifestly law full and profitable and due to him to whom it is made and in such an Oath S. Thomas saith 2.2 q. 89. ar 9. ad 3. dispensation seemeth to haue no place because besides the obligation to Almightie God there riseth a new to his Maiestie which cannot be released by Pope subiects or any other then by himselfe to whom it is made Neither doth the Popes power extend to the taking away of the right of a third person in matters which are not Ecclesiasticall as Caietan affirmeth And therefore cannot absolue a subiect from an Oath of allegiance to his Prince for that it would be preiudiciall vnto him Caiet In 2 2. q. 89. ar 9. Praelatus Ecclesiasticus etiam Papa c. An Ecclesiasticall Prelate saith he yea the Pope hath not in such maner power ouer Oathes as ouer vowes Because it is not in the Popes power to take away the right of a third man in matters not Ecclesiasticall as it is in his power to change to wit vowes into something more acceptable to God for that he is Gods Vicar and is not the Vicar of that man neither is he so ouer him as he may depriue him of his goods at his pleasure Tolet. instr sacer li. 4. c. 23. nu 3. Whereto agreeth Card. Tolet Quando iuramentum c. When an Oath is to the vtilitie of some third person it cannot be dispenced withall no not by the Pope without the consent of the third person as also the Pope cannot take away an other mans goods Whereto tendeth our Oath but to the vtilitie or good of his Maiesty and to his great preiudice would it not be if his subiects should accept of any absolution from the same Speculator likewise denieth that the Pope may absolue any man from a lawfull Oath Tit. de legato §. nunc ostendendum n. 24. because the bond of keeping an Oath and performing it to God is of the law of nature and diuine By this appeareth that iust and lawfull Oathes being such as may be preiudiciall to a third person cannot be dispenced withall But the Church vseth to remit an Oath extorted by force or feare It may be answered that if such an Oath extorted be manifestly vniust and would be against the law of God to be taken without force or feare no violence or feare of losing goods or life can make it lawfull Which doctrine is taught in the Canon-law lib. 1. Decretal de his quae vi metusue cap. 2. in glossa and 15. c.q. 6. in glossa Extra de iureiurando that for no feare it is lawfull to incurr e a mortall sin C. super co de vsuris Which in another place is taught also of a veniall sinne Therfore an Oath extorted of a thing vnlawfull the Church vseth not to remit or release when as no man will thinke that vnlawfull Oaths are to be kept as hath bene said before What say you then to lawfull Oathes yet compelled by feare of losing goods libertie c If it be iust and lawfull which thou art required to do why doest thou refuse to do it and why expectest thou compulsion to make thee to performe that which in dutie thou art bound I know thou wilt grant that a father may shake his rod threaten to correct his child and beate him if of stubburnnesse will not aske blessing or will not do his dutie by obeying him So may the Magistrate who carrieth the sword ad vindictam malefactorum not onely threaten but really punish and force thee to performance of that which is lawfull and thou oughtest otherwise to do And God himself the patterne of good gouernment threatneth hell fire and punisheth seuerely the transgressors of his law with many corporall afflictions and therby forceth many to obserue and keepe his commandements which of loue without any such compulsion they ought in dutie to do Will any hereof inferre that the Pope or any power on earth can absolue these from performing their duty to God or man for that it is extorted by feare Then I conclude that lawfull Oathes such as are made by subiects to Princes of their fidelitie bind in conscience although they be forced on them by feare of punishments and cannot be dispenced withall To this purpose Caietan saith that Oathes of him that promiseth whether they be coacted or voluntarie Caiet in 2.2 si habent materiam bonam moraliter do binde in the court of conscience Whereas some will say that Popes haue practised this authorie of absoluing subiects from lawfull Oaths it may be answered with Ioan. de Turrecrecremata Syluester Soto and others That the facts of Popes make not an article of faith And it is one thing to do somewhat de facto and another to determine that so it ought to be done de iure Turrecremata speaking of vnlawfull dispensations saith And if it were so done at any time by some Pope either ignorant in diuine learning or blinded with couetousnesse of mony which for such exorbitant dispensatiōs is accustomed to be offered or else to please men it followeth not that he could do it iustly that was Clement 3. dispencing with Constantia a professed Nunne to marrie with Henrie 6. Emperor son to Fredericke 2. The Church is gouerned or ought to be gouerned by rights lawes not by such facts or examples Thus you see that it is no denying his Holinesse spirituall power to say that he cannot dispence in all lawes all vowes or all oathes nor consequently absolue me of this Oath of allegiance How I pray you can I sweare truly as I must if I do well that which neuer was determined or defined by the Church but is matter of opiniō diuersly held of diuers learned men Verie well and without sinne And you may obserue what is commanded in holy Scripture to such as shall take an Oath Ierem. 4. Iurabis Domino in veritate in iudicio in iustitia For then is a man said to sweare truly that his doctrine of opinion v. g. that the Pope cannot by any authoritie depose Princes or such a thing is true not onely when he certainly knoweth it to be so but also when he is perswaded in his conscience vpon probable reason Tolet. instru sacer l. 4. c. 21 nu 4. Syl. verb. periurium 22. q. 2.
that he acknowledged himselfe vnable to effect it yet at last wonne by their importunitie they being his friends promised to do the best he could hoping they would when they saw it with their memories helpe to supply his defects The same afternoone he began to set downe in writing the Popes speech in his owne phrase and stile as neare as he could remember and when he had done he commanded me being one of his Chaplains and two other of his gentlemen to write out copies thereof which he after presented to the Cardinals his friends who had importuned him to that labour Afterwards they gaue him thankes saying that it was the very Oration which Sixtus had vttered in Consistory and as I was enformed the Pope himselfe liking his doing therein said it was his speech indeed By this meanes the Oration was set forth and published among diuers particular friends and so I reserued to my self a copie which I sent as I haue said soon after to my beloued friend M. William Reynolds And as far as my memory serueth me this here printed according to the Parisian copie doth well agree with the originals first written in Rome for I do yet perfectly remember the beginning out of Abacucke to be the same likewise the facts of Eleazar and of Iudith with the circumstances to haue bene in that Oration as also the circumstances of the Friars going to certaine aduersaries of the league for letters of credence to the King Brisac then prisoner in the Bastile his going forth of the gate so dangerously and his passage through the heretickes campe to his Maiestie with other like circumstances there specified But whether the Pope in this his Oration approueth or alloweth of the Friars fact killing his King for that he had caused the Cardinall of Guise Archbishop of Rhemes to be put to death was esteemed of some a tyrant and fauourer of heretickes or onely admired the prouidence of almightie God as Cardinall Bellarmine in Tortus affirmeth I do not presume to define but leaue it to the consideration of each prudent reader What if the Pope vpon wrongs done to himselfe as a temporall Prince in Italy should authorize some of his vassals or feudatary Princes to wage warre against our King and inuade his dominions is not this lawfull for him by the law of nations How then doth the Oath say that the Pope neither of himselfe nor by any authoritie of the Church or sea of Rome or by any other meanes with any other hath any power or authoritie to depose the King or to dispose any of his Maiesties kingdomes or dominions or to authorize any forrein Prince to inuade or annoy him or his countries That his Holinesse as he is a temporall Prince in Italy may vpon iust cause reuenge iniuries offered by attempting the various euents of warre and thereby seeke to annoy his Maiestie or his countries no man I thinke will doubt but can any man hereby inferre that so doing he hath more authoritie to depose our King or dispose any of his Maiesties kingdomes or inuade his dominions then hath the Emperour French King King of Spaine or any other secular Prince And in case he should attempt in hostile manner not as he is a spirituall Pastor but a secular Prince by himselfe or by the helpe of any forreine Prince to inuade or annoy his Maiestie or his countries euery good subiect may lawfully and in dutie is bound to take armes in defence of his King and countrey against him no lesse then he ought to do against any other secular Potentate whatsoeuer But our Oath speaketh not of the secular power of the Bishop of Rome which he hath onely by the bountie and liberalitie of temporall Princes or by prescription in the temporall dominions he possesseth but of any authoritie whatsoeuer receiued from Christ or his Apostles as he is Christs Vicar and Peters successor as the words of the Oath seeme to import viz. That the Pope neither of himselfe that is as he is Pope nor by any authoritie of the Church or sea of Rome For thus his authoritie is onely and meerly spirituall which was neuer ordained by God to produce such effects as waging of warre inuasion of kingdomes deposing and dethroning of Princes as hath bene said before but onely to practise spirituall censures to wit excommunication suspension interdiction and such like which maketh nothing for such as refuse the taking of the Oath Another obiection some vse to make for their iustification against the Oath viz That he who sweareth must do his best endeuour to disclose and make knowne vnto his Maiestie his heires and successours all treasons and traiterous conspiracies which he shall know or heare of to be against him or any of them But to be a Priest to reconcile or to be reconciled to the Church of Rome is treason by the statutes of this kingdome Anno 23.27 Elizab. Therefore he is bound by this Oath to reueale Priests and all reconciled persons which no man can do without committing a most grieuous and hainous crime Are not these men narrowly driuē to their shifts trow ye when after labouring their wits to defend their refusall of the Oath they can find no better arguments The words of the Oath import that such as take it must make knowne all treasons and traiterous conspiracies which he shall know to be against him How I pray you can this be vnderstood of any who is not disposed to cauill to be meant of Priesthood and confession of sins or reconcilement to the fauour of God or vnitie of his Church and not rather of such like treasons and traitorous conspiracies as were inuented and should haue bene practised by those late wicked sulphurean traitors These indeed and others of like nature and qualitie are directly against his Maiestie his hieres and successours for repressing and detecting such this Oath was inuented and the Act framed not for disclosing Priests or reconciled persons who acccording to the intentiō of the Act are no such traitors as long as they enter not into any treasonable practise against his Maiestie and the State whereof God forbid all Priests should be guiltie And I trust both his Maiestie most learned and wise together with his graue and prudent Councell in their wisedomes know that besides some few who haue already giuen good proofe of their loialtie and dutifull affection though to their great temporall detriment for the same there are many moe who beare likewise a true English heart to their King and countrey and would be ready to make also proofe thereof if occasion were offered Wherefore supposing it were true that by the letter of the law all Priests Jesuites c. mentioned in the statute are to be reputed traitors and all reconciling treason yet I dare auouch it was neuer his Maiesties nor the lawmakers intent to bind any called to the Oath to reueale such kind of traitours or treasons which is made
further manifest for that no Magistrate ministring the Oath doth euer interprete the law in that sence or giue charge to any for detecting such So that these are but ridiculous and the cauelling shifts of some to withdraw men from performing their dutie to his Maiestie whereby they cause a confusion and perturbation in the whole realme bring many families to ruine hinder the conuersion of many soules and minister iust occasion vnto the State to suspect little fidelitie in their hearts what faire shew soeuer they make in words Here by reason of such an interpretation made of reuealing and detecting Priests and reconciled persons it shall not be amisse to know how an Oath is to be interpreted and in what sort euery one is to sweare that taketh an oath before a Magistrate Molanns writeth that an oath stretcheth not to things vnlawfull Mola de fide haer ser lib. 2. c. 7. Omne iuramentum iuris interpretatione ad licitatantum non vero ad mala se extendit Euery oath by the interpretation of the law extendeth to lawfull things onely and not to such as are euill The case is most perspicuous and plaine that in the Oath of allegiance it cānot be drawn to be meant of reuealing Priests as Priests not otherwise traitours because it should be extended to that which is to be reputed euill according to the knowne Catholicke Romaine faith which his Maiestie in his learned Apologie professeth no way to prejudice by taking this Oath Marc. 6. When Herod Tetrarch of Galilee sware to giue Herodias daughter what she would aske though halfe his kingdome who will say that it extended to the cutting off S. Iohn Baptists head it being manifestly euill in it self Yea but in this matter of our Oath what if the case be doubtfull Emanuel Sa a Iesuite teacheth you Sa. Apho. verb Interpretatio that in poenis in punishments a milde interpretation is to be made and being doubtfull it is to be interpreted to the better part and more benigne and more probable Then what reason haue these that wil make the case doubtfull to interprete this clause of the Oath not to the better but to the worse and more improbable Now a word or two how an oath is to to be taken before a lawfull magistrate Whosoeuer sweareth to an officer being required eithere sweareth guilefully or without guile which is not to be denied Then saith S. Thomas He who sweareth sincerely without guile Tho. 2.2 q. 89. ar 7. ad 4. Syluest verb. Iuramentū 3. is bound according to the intention of him that sweareth he that sweareth with guile ought to sweare according to the sound vnderstanding of him to whom the oath is made And to this purpose saith Innocentius in Cap. Innocentius Veniens de iureiurando That an oath giuen generally of performing obedience to commandements is so interpreted as it may not be extended but to these things which were thought of or indeed ought to be thought of Which is to be meant of things lawfull Then it followeth a little after And if he that requireth the oath be a Iudge in bona fide requiring it in a lawful case according to the order of law then that taketh place 22. q. 5. to wit Isido li. 2. de sum bo c. 31. Quacunque arte verborum quis iuret Deus tamen qui conscientiae testis est it a hoc accipit sicut ille cui iuratur intelligit With what cunning sort of words soeuer any sweare yet God who is witnesse of the conscience so accepteth it as he before whom the oath is made vnderstandeth and he that wittingly sweareth not according to the intention of him that requireth it sinneth deadly and is periured and is bound to performe it as he vnderstood it This is meant as S. Thomas saith of a guilefull oath and such a one is made guiltie in two sorts for that first he taketh the name of God in vaine and with subtiltie deceiueth his neighbour Hereupon I inferre that to sweare to reueale all treasons and traiterous conspiracies cannot be extended to be meant of Priests Priesthood or reconciling because it was neuer thought of nor ought to be thought of in the Oath Neither is it his Maiesties or his officers intent as I assure my selfe to draw any thereby further then to make profession of their allegiance and not to entangle any mans conscience in matters of faith and religion which is sufficient for iustification of his Maiestie in requiring it and for satisfaction of Catholickes lawfully to take it After all this that hath bene said there remaineth yet one stumbling stone more to be remoued and so I will end which is commonly called Scandall For that some there be that vse to say being pressed with stronger argumēts then they can well answere they could be content to take the Oath as either holding it lawfull or else not able by any important reasons to disproue it vnlesse they borrow some one or all foure of the Catholicke letter deemed to be father Parsons to little purpose were it nor for offending many Chatholicks who are much scandalized at the taking and takers thereof And is it not strange for Christian men professing charitie to take scandall where none is giuen Are not also many other Catholikes no lesse but rather more iustly scandalized at such as refuse it yea and the whole state beside both Nobles and commons together with his Maiestie cannot but rest much scandalized not onely at such persons but also at their religion for their sakes If they will say vnto such as take the Oath as Achab King of Samaria said vnto Elias the Prophet Tunè es ille qui conturbas Israël 3. Reg. 18. Art not thou he that troublest Israël For so some Quorum os maledictione amaritudine plenum est whose mouth is full of malediction and bitternesse haue said in effect Psal 13. That such Priests as haue performed their dutie in taking the Oath of allegiance and sought thereby to pacifie the Kings wrath worthily conceiued against Catholickes for the demerite of a few haue caused a trouble and great perturbation in the Church which vndoubtedly would neuer haue bene say they had all Catholickes and Priests stood constantly against the Oath But such loyall subiects Priests or Laickes may well retort vpon them as Elias did vpon King Achab Non ego tur baui Israël sed tu domus patris tui It is not I that haue troubled Israël but thou and the house of thy father who haue forsaken the commandements of our Lord. It is not such as haue taken the Oath that cause trouble in the Church nor forsake the commandements of our Lord but such Priests and people as wilfully refuse it and perswade others against it to the hazard yea losse of some of their liues and of the lands and goods of others and also of the soules of such as louing more the glorie of men then the
glorie of God obstinately refuse to performe their dutie in obeying that precept of our Sauiour Render vnto Caesar that which is Caesars and that of S. Peter Regem honorificate and also the commandement giuen to Moyses Honour thy father and thy mother These assure you are they who giue cause of scandal indeed wherby their persecution if so they please to cal it is continued the Church perturbed Catholicke religion little regarded and many a soule lost But Vaeilli per quem scandalum venit Woe to him by whom scandall cometh Time will make triall who it is whether they or we In the meane while we say that the proper and true definition of scandall as it is defined by S. Thomas and others most aptly agreeth with the doctrine and example or words and deedes of such English subiects as withdraw men from performing their dutie to their dread Soueraigne not on such as perswade it and yet remaine no lesse Catholicke then they do pretend in euery point of faith Scandall is a word or deed not right Definition of scandall Tho. 2.2 q. 43. ar 1. Ieron in comment super Math. c. 15. giuing occasion of ruine that is of spirituall ruine or sinne Now what euill or shew of euill or sin is there in those who by their deedes and words example and doctrine teach and labour to induce all to do that which is right and due by the law of God What scandall or offence or occasion of sinne do they giue who perswade nothing against any one article or point of faith but meere allegiance to their Prince Doth this offend or scandalize any If they will be scandalized for well doing and take offence where none is giuen do they not shew how imperfect they are in the loue of God Pax multa diligentibus legem tuam non est illis scandalum Psal 118. To such as loue thy law ô God there is great peace and to them there is no scandall May not these be well likened to the Pharisies that of enuie and malice were offended or scandalized at the sayings and doings of our Blessed Sauiour who being told by his disciples of their scandall taken answered Omnis plantatio quam non plantauit Pater meus coelestis eradicabitur Math. 15. All planting which my heauenly Father hath not planted shall be rooted vp Let them alone blind they are guides of the blind And if the blind be guide to the blind both fall into the ditch Such are to be pitied and praied for not enuied whom we may answer in the same sort and with Haimo Haimo in Math c. 18. Greg ho. 7. in Sipro veritate scandalum oriatur magis veritas eligenda est quà m scandalum vitandum If for truth scandall do arise as it doth in this our case rather truth is to be chosen then scandall sought to be auoided The same affirmeth S. Gregorie the Great Ezech. pag. 2. as before pag. 45. And S. Thomas disputing whether spirituall goods are to be pretermitted for passiue scandall Tho. 2.2 q. 43. ar 7. saith That such goods as are de necessitate salutis ought not to be omitted for auoiding scandall because they cannot be pretermitted without mortall sinne as in our iudgements we take allegiance in the Oath to be but it is manifest saith he that none ought to sinne mortally to saue an other from sinne because according to the order of charitie a man ought to loue more his owne spirituall health then another mans The same likewise hath Ioannes de Burgo Pupil oculi Opera necessaria ad salutem non sunt omittenda ad vitandum scandalum proximi ex quacunqueradice procedat Workes necessarie to saluation are not to be omitted for auoiding the scandall of our neighbour out of whatsoeuer roote it proceedeth Herby deare brethren in our Lord Iesus I trust you rest satisfied that such as haue taken the Oath of allegiance wherein nothing hath bene hitherto proued by any learned man to be contained against any one point of faith haue not giuen cause of scandall as they haue bin slandered to haue done but by that their fact performing their bounden dutie to their dread Soueraigne according to the law of God haue sought to take away that horrible scandall giuen indeed by a few vngracious Catholikes in the gunpowder treason and which others daily giue to his Maiestie and the State in resisting the law made vpon so great reason and for the commō good of the realme Besides I trust your wisdomes will consider that to take the Oath being bonum spirituale wherein no euill thing against religion is contained they are not to pretermit it for the imperfections of some who are readie to suffer or take scandall where none is giuen Wherefore I exhort you all most dearely beloued Catholikes in the bowels of our Sauiour Iesus Christ as the very Reuerend and learned maister George Blackwell sometime our Archpriest did in his letter to his Assistants and you all both Clergie and Laitie for abolishing and ending this controuersie which hath scandalized the whole State you wold desist to impugne supreme authoritie in this case of the Oath most lawfull and iust as hath bene proued and ceasse any longer to prouoke to wrath his Maiesty our most clement Prince clement I say for I dare boldly auouch that neither the Pope nor any King or Prince in Christendome had he had the like cause offered by any his subiects especially of a contrarie religion and finding others of the same religion to refuse to make profession of their loyalty by an Oath required at their hands would shew such mercy and clemencie as his Maiestie hath done and doth Conferre the fact or enterprise of the Moores in Spaine now two years agone who wēt about as report goeth treacherously to bring in Turkes and forreiners to inuade the countrey with this Catesbeyan and Percian most barbarous treason and I doubt not but you will iudge them both worthy condigne punishment Compare againe the two Princes who by Gods ordinance carie the sword ad vindictam malefactorum to take reuenge on malefactours you shall find them both iustly prouoked to indignation against the delinquents yet the one viz. King Philip with great seueritie chastiseth the innocent with the nocent old yong men women and children expelling all alike out of his dominiōs to the number of nine hundred thousand as appeareth by his edict within the space of xxx dayes to the losse of all their immoueables Whereas the other our dread Soueraigne of his pitifull inclination did not punish in such sort the guiltles nor all the offendours according to their deserts but repressed by his edict the furie of his people readie to haue taken reuenge yea on many innocent persons for their sakes that had offended Embrace then deare brethren the mercie and long sufferance of this our milde and clement Prince whilest time is granted you lest through your default it be turned