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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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be obeyed in such a precept So say Panorm and Syluester ver obed § 5. where they say that in this case we are not to obey although the superiour command vnder paine of excommunication for it bindeth not quando malè imponitur when it is iniustly imposed Emmanuel Sa likewise Obediendum non est cum creditur inde malum oriturum Aphoris Sa ver obedien When it is thought euill may come by obeying we are not to obey Againe He is not bound to obey that thinketh the superiour commandeth vpon error as being misinformed and that if he knew the truth he would not command and also that superiours by their generall edicts intend not to bind with great detriment This Sa. And had not Catholickes I pray you before the Popes second Briefe iust cause to be perswaded that the Breues were procuted by sinister suggestions and wrong informations of some ouer-hastie and busie person and that if his Holinesse had had true and particular notice by some other true harted subiect how things stand with them have in England what perturbations they might breed in the Church and what losse and detriment was vndoubtedly to fall on such as should obey them and thereby refuse the Oath that he would neuer haue granted forth the said Breues in maner and forme as he did nor when he had granted them intended to bind Catholickes to obey to their so great detriment and damage For that were addere afflictionem afflictis which kind of crueltie is not to be thought can proceed from that holy Sea And this may suffise for answer to the point so much stood vpon by many inconsideratly precise of obeying or disobeying the Popes Breues prohibiting the iust Oath of allegiance Howbeit a word or two more may not be omitted vt obstruatur os loquentiū iniqua to flop the mouth of standerous tongues and to answer a fond or rather strong argument as some thinke and say that in dubijs as is the Popes power of deposing Princes in their opinions we are to haue recourse to the Sea of Peter for solution and there to learne what is truth to be embraced what is errour to be auoided Yea what is there decided the Church is bound to beleeue though it be that vertue is euill and vice good as Cardinal Bellarmine formerly hath taught strange doctrine Lib. 4. de sum Pont. cap. 5. §. Vltimo but now in his late Recognition retracted saying that he spake of doubtfull acts of vertues or vices For if in the old law the decision of difficult and doubtfull questions and ambiguities inter sanguinem sanguinem causam causam Deut. 17. lepram lepram were granted to the Priests of the Leuiticall stocke and to the Iudge that should be for the time much more to the Priests of the new law and to Christs Vicar the chiefe Iudge and interpreter in all Ecclesiasticall controuersies Therefore in this case of the Oath now controuerted Catholickes are to require no more but his bare precept and whosoeuer disobeyeth it taking the oath sinneth deadlie This some wise in their owne conceits and learned in the estimation of others haue said and taught howsoeuer otherwise verie inconstant in their opinions iudgements but how prudently charitably or learnedly let the discreet reader iudge These haue forgotten who it is that saith Nolite iudicare non iudicabimini Luc. 6. nolite condemnare non condemnabimini And what S. Thomas teacheth Ecclesia non debet praesumere de alique peccatum Supplem q. 47. ar 3. quousque probetur The Church ought not to iudge any of sin till it be proued Indeed if the Popes precept were such as S. Iohn Euangelist recommended and often inculcated to his Disciples at his departure out of this world Hieron lib. descrip Eccles which was as S. Hierome writeth Filioli diligite alterutrum Little children loue ye one another then as he said vpon their tediousnesse of hearing it so oft repeated Praeceptū Domini est si solum fiat sufficit It is our Lords precept and if it only be done it sufficeth then I say we should not need to diue farther in seeking reasons but simply to obey quia praeceptum Papae est because it is the precept of the Pope but by reason of the infinite difference betweene the commanders and the commandements we must craue pardon if we say Et si solum fiat non sufficit if in this case of the Oath there be but his bare precept it is not sufficient Touching the other point I must needes confesse that in obscurities and doubtfull questions and difficulties in the Law of Christ all Christians are to repaire to him that sitteth in Peters chaire for the light of interpretation and true solution thereof as S. Hierome did to Pope Damasus Hieron ep ad Damasum desiring if he had erred in his writings to be corrected by him Also Athanasius in his distresses appealed to Foelix and Iulius Popes of Rome S. Iohn Chrysostome to Innocentius Coste rus in Enchir. de sum Pont. Calendion of Antioch to Pope Foelix and other ancient Fathers in their distresses and difficult causes were wont alway to seeke for succour and redresse of the Pope of Rome then being but in cases perspicuous wherin are no ambiguities or doubts to be made against which nothing was euer formally decreed in any generall Coūcell nor by any ancient Father taught but is most plaine and euident in holy Scriptures and as cleare as the Sunne in the firmament that needeth not And such is the duty of inferiours to superiours of subiects to their lawfull Princes of children to parents of rendring to Caesar that is Caesars and so forth for which there is an expresse commandement from the Highest wherein no power created can dispence or iustly command the contrary Which if any should attempt to do as his Holinesse seemeth to haue done in prohibiting the Oath of allegiance it may well be by a Catholik English subiect in all humilitie and reuerence to the Sea Apostolicke yet with Christian courage answered Non obedio praecepto Regis sed praecepto legis 2. Macch. 7. I obey not the precept of the King that is the Pope but the precept of the law And Obedire opertet Deo magis quàm hominibus Act. 5. We must obey God rather then men To conclude in such a case not to do as the Pope commandeth in this Breues so there be no cōtēpt as I haue said of his precept is no mortall sinne ex fine enine morales actus speciem habent See Caiet 5. Precepti transgressio Tho. 2.2 q. 105. ● 1. ad 1. For morall acts haue their formality of the end and such disobedience being materialis tantum maketh not a deadly sinne cose quently no sin at al. And this much as touching obedience to the Popes H. Breues It followeth now that we treat briefly of a subiects dutie
the Sorbons in Paris holding peremptorily as I haue said a Councell to be aboue the Pope will any man of iudgement say that the position is her esie and they hereticks Costerus and other learned men do cleare them from such a note and they are still ready to defend themselues against any that shall accuse them thereof Likewise if any abhorre drunkennesse detraction sowing discord betweene brethren and friends as he abhorreth heresie can it be said that drunkennesse detraction or sowing discord though they be great sins and abound in too too many is heresie it were too fond and childish This As signifieth here a similitude not an equalitie and all know that nullum simile est idem which may serue for one answer And for a second let it be granted that such as sweare thinke it indeed to be heretical doctrine albeit the Church hath not defined it so that Princes which be excommunicated or depriued by the Pope may be deposed or murthered by their subiects c. what absurditie is like to follow I haue already as I trust sufficiently proued that neither Bishops nor the Pope by their spirituall censure haue authoritie to dispossesse any priuate man or Prince be he neuer so peruerse an hereticke of his lands goods or temporall dominions for that it is against the essence or nature of excommunication to worke such an effect It is likewise proued to be against the law of God for children seruants and subiects to disobey their parents maisters and Princes commanding iustly notwithstanding any excommunication denounced against them which is the Churches period beyond which she may not go it being onely a depriuing of the common goods of the Church appertaining to Christians Now what doctrine soeuer is repugnant to Scripture euery word thereof being de fide may well be accounted heresie and as such abhorred and abiured for haeresis est circa ea quae sunt fidei Tho. 2.2 q. 11. ar 2 heresie is about those things which belong vnto or are of faith Such is the dutie of subiects to their lawfull Prince and of all inferiors to their superiors Then is it heresie directly to say that it is lawfull for subiects or any other whatsoeuer who is not his Iudge and superior in that kind to murther him it being expresly against a diuine precept Non occides and this saying of our Sauiour Matth. 26. Omnes qui acceperint gladium gladio peribunt All that take the sword shall perish with the sword By which are vnderstood all such as assume to themselues authoritie to vse the materiall for reuenge Iansen in ●unc locum before it be granted them by the Prince who onely hath his authoritie by the diuine ordinance which ought not to be resisted by subiects or others For as Cunerus writeth Cun. de offic Princip l. 4. c. 12. Nulla pacta vel contractu● No couenants or contracts may preiudicate the diuine ordinance whereby a King hath his power that the people at any time may take armes against their King And in my iudgement it may be admited that any Catholick wil stick at this point here being no mention of the Popes deposing that which many stand vpon but of subiects or any other whatsoeuer vnlesse they will ranke him among these whatsoeuer which ought not so to be vnderstood But if they will vnder this generall word vnderstand also the Pope yet may it be said it is heresie to wit May be murthered which cannot be vnderstood but of killing vniustly and without authoritie If you say that the other part May be deposed was neuer declared nor adiudged heresie and therefore the Oath cannot be taken because bonum is ex integra causa and malum ex singulis defectibus then one part not being hereticall how can this clause be lawfully sworne that Princes which be excommunicated may be deposed to be damnable and hereticall doctrine This indeed is such an obiection as in the iudgement of diuers cannot be answered and whereupon many pretend to haue great reason to stand but let all passion be layd aside lending me an indifferent care with Gods assistance such a solution may be framed as shall satisfie I trust and solue the difficultie In our Oath no man sweareth nor is vrged to sweare nor by the law ought to sweare further then the expresse words of the Oath which are after this sort as is also noted before pag. 119. And I do further sweare that I do from my heart abhorre detest and abiure as impious and hereticall What Note wel this damnable doctrine and position What position Forsooth that Princes which be excommunicated or depriued by the Pope may be deposed or murthered by their subiects c. This position is sworne not per partes by peecemeale but coniunctiuely and wholly as it lieth and so it cannot be denied but it is impious and hereticall doctrine heresie here being affirmed not on the parts of the position separated but on the 〈◊〉 hole together For in a sentence affirmatiue disiunctiue proposition or booke if any part be defectuous false or hereticall albeit some part thereof be true and sound doctrine it may wel be said that the whole sentence proposition or booke is defectuous false Gress l. 1. consider Pag. 47. or hereticall as Gretserus writeth Then that May be deposed closed in one proposition with the other part or murthered which is hereticall the whole position as it lieth must needes ber said and may be sworne to be hereticall For example The Inquisition vseth to condemne as a scandalous or hereticall booke if there be but one onely Chapter or sentence of scandalous or hereticall doctrine contained therein though all the rest be found and Catholicke And may not any man lawfully sweare that booke so condemned to be scandalous or hereticall albeit all the whole is not such or that man to be an hereticke which erreth against one onely article of the Catholicke faith But if the two parts of the proposition you thinke are sworne diuisim and by parts not coniunctim or totally together then let impious go with the first part may be deposed and hereticall with the latter or murthered and I cannot see how you can deny but so it may besworne If any will yet stand vpon the word abiure as I heare many do saying It signifieth not onely simply to deny a thing with an oath as al Dictionaries vnderstand the word but by oath to deny that which once he held before then he that neuer held the doctrine and position aboue named cannot take this Oath because he may not abiure that opinion which he neuer held But this will manifestly appeare to him that hath any experience in the practise of the Church to be false For let any be conuented into the Inquisition for any one heresie whatsoeuer as Anabaptisme Brownisme c if afterwards he repent and conuert to the Catholicke faith he shall be required and must of necessitie abiure