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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

alone but for the n = * O igen In hunc loc ho. 1 Aug tract vlt. in Ioan. l. 1. d● doct Chr. c. 18. Coster in O. siand c. 4. Church signifying power to be giuen to bind and loose to admit the worthy to the kingdome of heauen and to exclude the vnworthie can any other power be vnderstood then meerely spirituall most certainely there cannot For aske when this promise of our Sauiour was performed No man I thinke will denie but then Christ gaue these keyes when after his resurrection he vsed this ceremonie of breathing on his eleuen Apostles giuing them all like power to forgiue or reteine sinnes by these words Quorum remiseritis peccata c. Whose sinnes you shall forgiue Ioan. 20. they are forgiuen them and whose you shall reteine they are reteined By which words the Fathers often say that the keyes were giuen to all the Apostles If any man so build on that which Christ said to Peter Quodcunque ligaueris super terram c. Whatsoeuer thou shalt bind vpon earth Math. 16. it shal be bound also in the heauens and whatsoeuer thou shalt loose in earth it shall be loosed also in the heauens that Peter and his successors haue power to set vp and plucke downe Kings then must it of necessitie follow See Iansenius Concor c. 72. that the rest of the Apostles had the same because he vsed the like phrase to them also Quaecunque alligaueritis c. Whatsoeuer ye shall bind vpon earth shall be bound in heauen c. And so consequently all Bishops who are appointed gouernours likewise of the Church of God Act. 20. as Saint Paul saith Attendite c. Take heed to your selues and to the whole flock wherin the holy Ghost hath placed you Bishops to rule the Church of God which he hath purchased with his owne blood may dethrone Kings if they iudge it expedient which is not to be granted This former interpretatiō of anciēt diuines seemes more agreeable to Christs words as Iansenius noteth to vnderstand by these keyes power to bind and loose because with these two powers as with two keyes the kingdom of heauē is opened to the truly penitēt with the other it is shut against the vnworthy impenitēt sinner then is the interpretatiō of later Diuines who say that Christ meant of the keyes of knowledge of discerning inter leprā lepram who is worthy to be absolued who vnworthie and of power to bind loose Howsoeuer they are to be vnderstood yet therby cannot be gathered power to depose or dispose of temporals Theophylact vpon this place hath thus Claues autē intelligas quaeligant soluunt hoc est delictorū vel indulgentias vel poenas Theoph. in 16. Math. c. And vnderstand keyes which bind and loose that is either pardons or punishments of sinnes For they haue power to remit and to bind who haue attained to the grace of Episcopacie as Peter hath Which power he affirmeth was granted to all the Apostles Quamuis autem soli Petro dictum sit Dabo tibi c. And although saith he it be spoken to Peter alone I will giue thee yet the keyes are granted to all the Apostles When When he said Cap. firmiter de summa Trinit fide Cath. c loquitur 24. q. 1 Vict. de clauibus nu 4. Rabanus Whose sinnes ye remit they are remitted For when he said dabo he signified a time to come to wit after his resurrection So Theophylact. If they were giuen to Peter doth it not follow that the Apostles receiued them of Peter But Victoria teacheth that they receiued them of Christ not of Peter Rabanus likewise Albeit this power of binding and loosing seeme to be giuen onely to Peter yet it is also giuen to the rest of the Apostles and is now likewise to all the Church in Bishops and Priests But therefore Peter specially receiued the keyes of the kingdome of heauen and the principalitie of iudiciarie power that all beleeuers through the world may vnderstand that whosoeuer do separate themselues in any sort from the vnitie of his faith and societie that such can neither be absolued from the bonds of sins nor enter into the gate of the kingdome of heauen This he But let it be granted according to the sentēce of many anciēt Fathers that Christ speaking specially to Peter gaue him more ample power then he gaue to the rest of the Apostles yet all was but spirituall as the words import and to a spirituall end in aedificationem non in destructionem to edification not to destruction not tending to deposition or depriuation of the temporall goods of any within his gouernment but to excommunication or separation of certaine obstinate offenders from the common goods of the Church militant and so consequently from the ioyes of the Church triumphant And let it be that Peter receiued the keyes of our Sauior when he said vnto him Pasce oues meas Feed my sheep all was but spirituall Ioan. 21. for the same power is required to feed the flocke of Christ that is to open or shut the kingdome of heauen Vict de clau nu 4. And then was he instituted the Vicar of Christ on earth by whose institution and as he is Bishop or Pastor of the whole Church Card. Bellar. de Ro. Pont. l. 5. c. 10. the most illustrous Card. confesseth that he receiued not power to ouerrule dommari but pascere to feed Which kind of secular domination was forbidden the Apostles and ministration commanded as Saint Bernard saith Bern. de consid l. 2 c. 5. L. 4. c. 4. de consid Who in an other place explicateth what it is to feed Euangelizare pascere est Opus fac euangelistae pastorum opus implesti To euangelize is to feed Do the worke of an Euangelist and thou hast fulfilled the worke of Pastors But some are forced to say that excommunication of the Pope necessarily worketh this temporall effect of deposition for that they know not otherwise how his Holinesse can attaine to such power If this were so then what Bishop soeuer do excommunicate any within his diocesse doth also depose and depriue them of their temporals for what the Pope is in the vniuersall Church such is a Bishop in the particular L. 5. de sum Pont. c. 3. as Cardinall Bellarmine once held though lately in his Recognitions he retracteth it after this manner Whereas I said that a Bishop was the same in a particular Church as the Pope is in the vniuersall it is thus to be taken that as the Pope is the true Pastor and Prince of the Church vniuersall so is a Bishop a true Pastor and Prince of a particular Church not a Vicar or administrator for a certaine time c. Which yet serueth well for our purpose in hand for if a Bishop a spiritual Prince of a particular church cannot by vertue of

into surie for oft times patientia laesa specially of a King vertiturin furorē And resist no longer but cōforme your selues to his Maiesties iust demand in this case of the Oath that wherein they that is such as are of a different religion misreport of you as of malefactours by the good workes considering you 1. Pet. 2. they may glorifie God in the day of visitation Also with this blessed Apostle S. Peter I wish you to be subiect to euery humane creature of God whether it be to the King as excelling or to rulers as sent by him to the reuenge of malefactours but to the praise of the good for so note well is the will of God that doing well you may make the ignorāce of vnwise men dumbe I desire likewise with S. Paul that obsecrations prayers ●1 Tim. 2. postulations thankesgiuing be made for all men for Kings all that are in preëminence that we may leade a quiet and peaceable life in all pietie and chastitie If Tertullian were liuing and those ancient Fathers of the primitiue Church Tertul. Apologet c. 50. See master Blackwels letter they would questionlesse following the doctrine and example of the Apostles exhort you likewise to pray for the long life of our Soueraigne no lesse then they did the Christians of those dayes for their Emperours or Kings howsoeuer they differed in religion Finally as Baruch the Prophet wished such Iewes as were left in Ierusalem after the captiuitie Baruch 1. to pray for the life of Nabuchodonozor King of Babylon and for the life of Balthasar his sonne that their dayes might be as the dayes of heauen vpon the earth so do I desire all Catholickes professing with me the Romane faith heartily to pray for the long life and prosperous reigne of King Iames of great Brittaine together with his deare Spouse our most gracious Queene Anne and the hopefull yong Prince Henrie his sonne with the rest of his most roiall issue that in this world they may long continue to the glorie of the eternall God and afer this mortality euer to enioy that felicitie which neuer shall haue end Vui Trinòque Deo omnis honor gloria STRANGE REPORTS OR NEWES FROM ROME THis my discourse of the Oath of Allegiance being fully complete ended written specially for satisfying and perswading such Catholickes of our countrey as thinke it not lawfull to be taken at least by reason of the Popes Breues prohibiting the same behold certaine strange newes diuersly spread aboade from diuers parts and persons haue ministred me occasion to continue on my labour by adding this briefe Treatise following for and in defence of my selfe and some others my brethren Priests who for no crime committed in our iudgements but onely for performing our duties to God and man haue bene and are calumniated to be depriued of all faculties granted by any authoritie from the Sea of Rome whereby we are vtterly disabled to liue for not being any longer regarded but forsaken and in affection abandoned by such as formerly vsed of charitie to releeue vs. Audite ergo coeli quae loquor audiat terra verba oris mei Heare therefore ô ye heauens what I speake let the earth hearken to the words of my mouth For I am to vtter that which to Saint Peter and Saint Paul and to the blessed Apostles and to all glorious Saints will seeme strange and wondrous tidings and whereat all good Christians on earth that shall enter into consideration of the case may stand amazed and posteritie will scarce beleeue when it shall be told them Talking not long since with a friend that came newly from beyond the seas I asked him what newes in those parts and what was said of vs that had taken the Oath of allegiance he told me the report was there that we had lost our faculties but could not tell by what meanes or by whō And here at home in our country the same is bruted abrode by many and in many places but in sundrie manner the reporters disagreeing so much in their tales as no certaine truth can be gathered by thē For some say that fiue Priests onely of the Clinke were by name depriued of their faculties one of which is lately deceassed and maister Blackewell was not mentioned because he was thought to be dead Others haue reported that he alone was named but all other Priests likewise had lost them that did concurre with him Others againe that such were depriued of their faculties that is vnabled to exercise certaine priuiledges granted Priests at their mission into England as hauing taken the Oath do constantly persist or perseuere in teaching or allowing the lawfulnesse thereof Now which of these reports so much differing is true for all cannot be true I greatly desire to know but cannot learne any certaintie Then as touching the manner how and by what meanes they be taken away little agreement do I find but such varietie in relation thereof as wise men may well admire to see such proceedings in a matter so important as this is and that some of our owne profession and religion should receiue satisfaction and contentment in beholding our miseries by being in such wise punished who haue as it may seeme long expected and Tantalus like hungred and thirsted after the same First some say that we haue lost them and had long since by vertue of the Archpriests Admonition directed To all the secular Priests of England which anon shall be set downe verbatim that all discreete persons may iudge thereof Another report is that the Cardinals of the Inquisition haue giuen their iudgement and censured our faculties to haue dene lost by the Archpriests Admonition at the first A third report is that the Cardinals of that congregation haue themselues taken them from all such Priests as either haue taken or shall hereafter take our Oath of allegiance From these the fourth sort disagree saying That the Viceprotector of his owne authoritie that he hath ouer our nation in his priuate letters writing to the Archpriest signified his depriuing such of their priuiledges as had taken the said Oath and do persist in defending it Fifthly that indeed he did it but by order from the Popes Holinesse And lastly that the Pope himselfe hath sent to the Archpriest a Breue wherein he commandeth him in virtute obedientiae to depriue all those Priests of their faculties which do concurre with maister Blackwell or else haue taken or shall teach it lawfull to take the Oath of allegiance Yea and in such seuere sort as the like was neuer seen ab initio nascentis Ecclesiae viz. Omniexcusatione posthabita etiam ipsis delinquentibus non admonitis nullo iuris or dine seruato That is all excuse set aside yea the delinquents not admonished and no order of law obserued in proceeding with vs. That this is true by mine owne knowledge I can testifie and proue if need were Which of all these reports deserue

of the Church against her persecutors was such as there could be no hope to preuaile As if true faith and religion which is now beside the Indies restrained into a corner of Europe onely did not replenish before that time Europe Africke and Asia No there wanted not necessitie to practise such authoritie on Constantius Iulian Valens Valentinian and other like professed aduersaries of Christ and his Church nor oportunitie Christians being so many so potent replete with maruellous zeale and constant courage in defence of Gods truth to the losse of lands and life if they had knowne such power of deposing to haue bene in the Church and chiefe Pastors thereof and the Pastors knew well what their dutie was in that behalfe But where I pray you lay this power hidden for the space of 700 hundred yeares after Christ by the Cardinals confession suppose I should grant so much vnto him of disposing of temporals in ordine ad finem spiritualem no Scripture no tradition no ancient Father or generall Councell in all that time teaching it If he say there was where or how doth it appeare His Grace hath not yet neither in Tortus nor against our Kings Apologie nor in his last against Barclai produced any such cleare testimonie as may conuince Our Sauiour Christ himselfe refused to intermeddle in deuiding a temporall inheritance betweene two saying Quis me constituit iudicē aut diuisorē super vos Luc. 12. Who hath constituted me a iudge or a diuider ouer you disdaining as it were as Iansenius noteth that he should be troubled or drawne frō the celestiall businesse Iansen conc for which only he was sent by his Father to haue care of carnall and base things thereby also to teach such as are his that they ought not to intangle themselues in profane businesse that gouerne the Apostolicke office According to this is that of S. Paul Nemo militans Deo 2. Tim. 2. implicat se negotijs secularibus No man that is a souldier to God entangleth himselfe with secular businesse What more intangling what more secular then to intermeddle in deuiding and disposing of temporals Non est discipulus super magistrum The disciple is not aboue his maister Therefore his Vicar ought not in such wise to be iudge ouer Kings in things terrene when they are taught by our Sauiours example not to be hindered from celestiall affaires which onely do concerne them whose power is ouer sinnes of men not ouer their possessions In criminibus non in possessionibus potestas vestra Bern. lib. 1. de consid cap. 2. Againe S. Peter prince of the Apostles hauing receiued of Christ all power necessary for the gouernement of his Church which was to be deriued to his successors had not that power which is temporall but onely spirituall for in the Apostles times the Ecclesiasticall and ciuill were distinct and separate as the Cardinall confesseth lib. 5. de sum Pont. cap. 6. Which could not be but were conioyned if they had any such power yea indirectly If then Peter had no temporall power directly or indirectly giuen him by Christs institution who doubtlesse foresaw that it was necessary to be in him and his successours for the correction and direction of soules to their spirituall end it were absurd to say that succeeding Popes as they are Peters successors should haue more ample power then he or any of the Apostles had De Ro. Pont. li. 5. c 4. And the Cardinals argument which he maketh against the Canonists helpeth for confirmation of this matter in hand to wit Christ saith he as he was man while he liued on earth receiued not nor would haue any temporall dominion but the Pope is Christs Vicar and representeth Christ vnto vs such as he was while he liued here among men Therefore the Pope as Christs Vicar and so as Pope hath not any temporall dominion How then cometh it that Popes in these latter ages practise on exorbitant Princes deposition and disposing of temporals when they shall iudge it necessarie or expedient to a spirituall end hauing no commission no warrant of our Sauiour so to do Is it by temporall onely or spirituall onely or by both By their temporall power which reacheth no further thē the patrimony of the Church it is euident they cannot for so they are but equals not superiours to absolute Princes and Par in parem non habet imperium No neither haue they which is more being no Monarchs authority from Christ to put any man to death to banish or to depriue any priuate man of his goods Cost in Osiand propos 7. as Costeru● a learned Iesuite and other good Authors do hold Nemo Pontifex sanguinis leges tulit hoc munu● Imperatorum est qui varia● poenas de haereticis scripserunt quos bonorum spoliatione infamia exilio morte imòigne puniri iusserunt c. No Pope hath made lawes of life and death this is the office of Emperours who haue written downe diuerse puniments for heretickes whom they haue cōmanded to be punished with losse of goods infamie exile death yea with fire c. He goeth on The Pope at Rome putteth no man to death he hath his secular Iudges who minister iustice by the lawes of Caesar To this agreeth Iacobus Almain De ratione potestatis laicae est poenā ciuilem posse infligere Almain de dom nat ciuili in vlt. edit Gersonis vt sunt mors exilium bonorum priuatio c. It belongeth to the secular power to inflict a ciuill punishment as are death banishment depriuing of temporall goods But the Ecclesiasticall power cannot by the institution of God inflict any such paine no not imprison any as many Doctors hold but it reacheth onely to spirituall punishment that is to excommunication and the other punishments which he vseth ex iure purè positiuo sunt are onely by a positiue law Who in another place hath thus Alm. de pot Eccles laic c. 13. q. 1. c. 9. Christus secundum humanitatem c. Christ according to his humanity had greater power then the Pope hath as to institute the Euangelicall law neither had he his power limited to sacraments for he could pardō without application of sacraments his Vicar hath not such but onely that which is declared in his Vicarship for he gaue him power to remit sinnes to preach to giue indulgences c but it is no where found that he gaue him power to institute and depose Kings therefore by any power giuen him from Christ note well he hath not soueraigne power of iurisdiction in temporals This he With these may be ranked Ioannes Maior Maior in 4. dist 24. q. 3. Maximus Pontifex no● habet dominium temporale super Reges c. The chiefe Bishop hath not temporall dominion ouer Kings For the contrary being granted saith he it followeth that Kings are his vassals and that he may expell them de facto out