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A04779 The right and iurisdiction of the prelate, and the prince. Or, A treatise of ecclesiasticall, and regall authoritie. Compyled by I.E. student in diuinitie for the ful instruction and appeaceme[n]t of the consciences of English Catholikes, co[n]cerning the late oath of pretended allegeance. Togeather with a cleare & ample declaratio[n], of euery clause thereof, newlie reuewed and augmented by the authoure Kellison, Matthew. 1621 (1621) STC 14911; ESTC S107942 213,012 425

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according to a probable opinion though he commaund a thing against the subiectes opinion and that also probable but the Pope VViddrington lawfull Superiour commaunding VViddrington not to defend the Oath of pretended allegeaunce commaundeth at least according to a probable opinion ergo VViddrington is bound to obey the Pope in this against his own opinion though that were also probable The Maior Vasquez proueth because the Subiect may follow any mans probable opinion and consequentlie his Superiours that also being probable and if he may he must because his Superiour commaundeth The Minor VViddrington graunteth and can not deny the Conclusion then followeth to wit that VViddrington is bound in conscience and vnder payne of mortall sinne the thing commaunded being of great importāce to desist from defending the oath the Pope hauing condemned it and commaunding him not to defend it To say that the Pope is misinformed and that therfore his declaration and cōmaundement grounded therin doth not bynd in conscience is but a poore stay for VViddringtons consciēce because Disp Th. c. 10. sec 1. n. 53. as VViddrington alleageth out of father Parsons letter he informed him selfe of seauen or eight of the most lerned Diuines in Rome and since he hath heard what VViddrington him selfe can suggest To alleage his Authours is to litle purpose they being as aboue wee haue seen few and of litle or no Authoritie To say the Pope may erre wil as litle seue VViddringtons turne because euerie lawfull Superiour is to be obeyed when he commaundeth according to a probable opinion though in other things and euen in this he may erre To answer that he is then onlie bound to obey his Superiour when ther is no notable daunger or domage in obeying is as litle to the purpose partlie because the opinion according to which the Pope commaundeth is more then probable as aboue is proued partlie because though ther may be Temporall domage in refusing to take the oath yet for VViddrington not to defend it by publique writing ther is no more daūger to him thē to many moe who neuer set pen to paper for the defence of it rather VViddrington should feare the spirituall daunger and domage which is incurred either by defending or taken it as his chiefe Pastour hath assured him 75. Secondlie I wish VViddrington to reflect vpon his own selfe The socōa good Counsell to VViddringt●̄ and the state of life to which he is called the daūgerous course he runneth and how farre he is proceeded in it how heauie an enterprise he hath vndertaken and how hardlie hee shall be able to goe thorough with it whoe applaude him in it who condemne him what Authours he followeth whō he contradicteth whom he maketh glad whom he contristateth what a Schisme as it were he hath made amongest some of his Catholique brethren with what doubtes and Scrouples he hath troubled the myndes of others How many wel meaning and before verie zealous Catholiques he hath induced to take the Oath and what scope he hath giuen to the persequutour to vexe and afflict those who out of conscience refuse to take it how litle gratefull he hath shewed him selfe to the Sea Apostolique which bredde brought him vp how much to officious to her Aduersaries his chiefe Applauders what litle comfort at the hower of his death he shall reape of these his labours how much discomfort 76. And to you Holsome Counsell to the Catholiques worthie constant and renowned Catholiques I giue this holsome Counsell Seing that this Oath so much derogateth from the Church and her chiefe Pastours honour and Authoritie and giueth such scope to her Enemies and Persecutours as you haue hetherto defended still sauing some fewe do this Church her faith and Authoritie and haue sustained losse of libertie liuinges and liues rather then you would consent to the least iniurie which is offred her so do you not by taking this Oath falsifie your faith to CHRIST his Church chiefe Vicaire You haue passed the raging stormes and Tempests of a Sea of Persecution make not shipwracke of all your spirituall marchandize and merites in the mouth of the hauen you haue long since laied your hand to the plough do not now looke backe Luc. 9. Exod. 14 you haue almost past the red Sea of Persecution which hitherto hath yeelded you passage go not backe to Aegipt for then you will neuer come to the Land of Promise you haue runne a long time in the race 1. Cor. 9. faint not now before the goale rather looke vp to Heauen Gal. 5. and you shall see the Angell houlding in his hand a crowne of glorie Currebatis benè quis vos impediuit veritati non obedire You ranne well who hindered you not to obey the truth Persuasio haec non est ex eo qui vocat vos Ibid. this persuasion to take this Oath is not of him Ibid. that called you It is of the Enemie who enuyeth that you ran so well But ego confido in vobis quod nihil aliud sapietis I haue confidence in you in our Lord that you will be of no other minde nor do otherwise then becometh good Catholicks and such Catholicks also who haue beene tried and purged in the fornace on whome the eyes of God his Saincts and all the world are fixed In the meane time qui conturbat vos por tabit iudicium suum quicunque est ille he that troubleth you he that hath cast stumbling blockes and scandals in your way he that like the serpent hath buzzed in your eares shall beare the Iudgement of almightie God whosoeuer he bee 77. And as I desire you should be constant in your faith and Religion obedient to the Church and her chiefe visible Pastour in all which is belonging to their Authoritie so I exhort you to obey the Kings Maiestie your Soueraige Lord and Liege in all things which appertaine to his Regall power and so to giue to God his Church and chiefe Vicaire their due hommage and respect as you deny not to the King Tribute Rom. 13. Custome feare honour obedience fidelitie and faithfull seruice not to thinke that this which I haue sayed in behalf of the authoritie of the Church and her chiefe visible Pastour hath been to detract any the least due right and respect from our Temporall Lord and Soueraigne much lesse to giue any waye or scope to plottes conspiracies or libelles which may irritate the Prince purchase no good but rather procure disgrace and preiudice to the cause for which you suffer For as S. PETER telles you 1. Pet. 2. what glorie is it if sinning and buffeted you suffer but if doing wel you susteine patientlie that is thanke before God for vnto this you are called For it is better as the same Apostle assureth you to suffer as doing well if the will of God will haue it soe then doing ill 1. Pet. 3. And therfore 1. Pet. 4.
faeces Ecce ego tuli de manu tua calicem soporis fundum calicis indignationis meae non adijcies vt bibas illum vltra Et ponam illum in manu eorum qui te humiliauerunt Isa 51. Be lifted vp be lifted vp arise Hierusalē which hast drunken of the hande of our Lord the cuppe of his wrath euen to the bottome of the cup of drowsinesse hast thou drunke euen to the dregges Beholde I haue taken out of thy hande the cuppe of drousinesse the bottome of the cuppe of myne Indignation thou shalt not adde to drinck it any more And I will put it in their hand that haue humbled thee Is 51. perchance tempus miserēdi is at hand perchance prope est vr veniat tempus eius dies eius non elongabuntur Isa 14. it is neere that the tyme of your relaxation shal come and the dayes therof shal not be prolonged 13. Onlie looke that there be no ACHAN nor ANATHEMA amongst you Iosue 7. for if there bee God will take your wonted courage from you and the Citie of HAI will preuaile against you For as God is so mercifull that he spareth some tymes a whole Citie or kingdome for the merites of a few as he was readie to haue spared SODOME if he had found teniust men in it Genes 18. for iust men as S. AMBROSE sayth lib. 1. De Abraham c. 1. are a wall to their countrie and their faith saueth and defendeth the rest from destruction so also is he so iuste that out of his secret but yet iust Iudgements he chastiseth sometymes a whole armie as wee see in ACHAN IOSVE 7. or Kingdome for the enormitie of a few VVherfore VVorthie Catholickes the best meanes that I find to procure you a relaxation from this your so long persecution is to follow the counsell which the Ammonite ACHIOR gaue to HOLOFERNES Iudith 5. Perquire si est aliqua iniquitas c. Search if there bee any iniquitie of yours in the sight of your Lord God for if there bee then you may iustlie feare least God permitt his and your enemies to dominere ouer you as he permitted DANIEL HIEREMIE and TOBIE and many Innocents to be caryed into captiuitie with the nocent For as S. HIEROM sayth episi 13. Nostris peccatis barbari fortes sunt nostris vitiis Romanus fugatur exercitus By our sinnes the barbarous heretickes and barbarous persecutours become strong and the Roman Armie the Roman Church is chased and put to flight by our vices But as ACHIOR sayd Si non est offensio populi huius coram Deo suo Iudith 5. If there bee no offence of God amongst you your enemies shall not lōg preuaile because God whose cause you sustaine will fight for you and in you 14. As for me O constant Catholickes when I behould your vndaunted courage which you oppose against the furie of your Persecutours and your inuincible patience wherewith you haue hethert● endured all kind of aduersities I can not but admire and commend you and praise God also for you and in you But when I consider also what is befallen some of you of late as I meruaile not therat so I can not but feareleast by that by which you thought to finde some ease of this heauy yoke of persecution vnder which you grone you haue augmented the burden and prolonged your miseries I meruaile not that after so heauie oppressions so long endured you grone with the Israelites Exod. 2. I meruaile not that after so furious assaultes so long sustained some giue backe and forsake their place and standing for what meruaile that in so great a winde some chasse is blown away that amongst so many vessels put into the fornace of tribulation to be hardened some breake in the hardening for vasa figuli probat fornax c. the fornacetryeth the potters vessels the tentation of tribulation iust men Eccl. 27. Rather I meruaile that in so great a storme troublesome Sea so few do suffer Shipwrack and in so great a heape of wheate so litle chasse is found and amongst so many peeces of gould which haue been cast into the fier so few proue light and counterfet Yet I feare also least your late giuing backe make the enemie with more bouldnes to presse vppon you and that the late Anathema which is fallen amongst you hath prouoked the wrath of God against you and hath giuen courage to your enemie taken it from you and hath added surie to him diminished zeale and feruour in you 15. You know what I meane it is the late proposed Oath which because it goeth vnder the name of Ciuil Alleageance gratefull to such good subiects as you are whom Religion and conscience teacheth to obey feare loue and serue your Prince hath deceiued some of you and hath made you vnder this alluring bayte to swallow downe the hooke that galleth euen the soule and conscience and in this goulden cup to drinke your deadlie poison and perdition So that I may say vnto you Anathema est in medio tui Israel non poteris stare coram hostibus tuis donec deleatur ex te qui hoc contaminatus est scelere IOSVE 7. There is Anathema in the middest of thee O Israel thou canst not stand before thine enemies till he be destroyed out of thee or his sinne in him that is contaminated with this wicked fact VVherfore O VVorthie Catholickes let nothing sticke in your hādes of this Anathema that our Lord may be turned from the wrath of his furie and may haue mercie on you Deut. 13. 16. You are not ignorant that modicum fermentum totam massam corrumpit 1. Cor. 5. A little leauen corrupteth the whole paste One mortall sinne mortifieth all your former merites D. Th. 3. p. q. 89. a. 4. and he that offendeth in one point especiallie pertaining to faith and the Churches power right is made guiltie of all Iac. 2. This one hole which the persecutour hath made in the ship of your soule is sufficient to let in that water which will drowne you this one point of your chiefe visible Pastours Authoritie and power which though forced therunto you abiure is sufficient to disgrace all former constant and glorious Confession And it will little auaile you to haue layed your hand to the plough if now you looke backe to haue runne so well hetherto if now you faint before the goale to haue resisted hetherto so va iantlie if now you yeeld your selues slaues to tyrannie 17. And although some one persuadeth you that you may with safe conscience take this oathe and therefore are not bound with hazard of your estates to refuse it yet beleeue it persuasio haec non est ex eo qui vocat vos this persuasion is not of him that calleth you Gal 5. for as S. PETER telleth you In hoc vocati estis you are called to this to doe well and sustaine patientlie 1. Pet. 2. and not to yeeld in the least point
subiects to Bishops and especiallie to the Chiefe Bishop they can not in that kind be heads and superiours to Bishops 17. Lastlie I prooue this by out Aduersaries confession which is an argument ad hominem of no little force because none is presumed to lie against him selfe Calu. in cap. 7. Amos. CALVIN pronounceth thus of HENRIE the eight his supremacie Qui initio tantoperè extulerunt HENRICVM Regem Angliae certè fuerunt homines inconsiderrti dederuut enim ills summam rerum omnium potestatem hoc me grauiter semper vulnerauit Erant enim blasphemi cum vocarent eum Summum Caput Ecclesiae sub Christo They who in the beginning did so much extoll HENRIE the Eight King of England were men inconsiderate for they gaue him supreme power of all thinges and this did alwayes much aggreue mee For they were Blasphemous when they called him supreaine Head of the Church vnder Christ This was the opinion of CALVIN which is not to be contemned of our Protestants who follow him as an Oracle in other and those verie manie points And to him haue subscribed our Puritans in England and the Brethren of Heluetia Zurich Berne Geneua Polonia Hungarie and Scotland who all denie this supremacie of Kings in Ecclesiasticall causes Yea our Protestants them selues whilst they seeke to auoid the absurdities which aboue I haue produced against this supremacie and which Catholickes haue obiected do in effect despoile the King of all such Authoritie 19. Becanus in Dissid Angl. For first as BBCANVS hath tould them they are not agreed whether his Authoritie should be called Primacie or Supremacie nor whether he should be stiled Primate or Soueraine Salclebr pag. 140. D. And. in Tort. pag. 90. Tomson pag. 33. Head or Gouernour SALCLEBRIDGE calles the King Primate of the Church of England Doctour ANDREWES calles his Authoritie Primacie and yet TOMSON will not haue this authoritie called Primacie but Supremacie because the former word argueth a power Ecclesiasticall and of the same order with that which Prelates of the Church haue the last word he saith signifieth not so much And againe he will not haue it called Spirituall Authoritie but Authoritie in respect of Spirituall things Tomson pag. 31. Idem pag. 95. Salcl pag. 305 and he addeth that the King gouerneth Ecclesiasticall things but not Ecclesiastically And yet SALCLEBRIDGE saith that Kinges annointed with sacred oyle what will he then say of Kings that are not annointed are capable of Spirituall Iurisdiction And wheras at the first by the Parlament anno Domini 1543 in the yeare 35. of HENRIE the eight it was decre●d That the King should be called supreme head of the Church Poulton in his statute Tooker pag. 3. Burhill pag 133. and that also vnder paine of highe Treason yet now TOOKER and BVRHILL will not haue the King called head of the Church And so in deed Queene ELIZABETH in the First Parlament chose rather to be Gouernesse of the Church then Head 20. And as these men varie in the name so do they in the Power and thing it self TOOKER saith The King hath and can giue Tooker pag 305. Salclebr pa. 140. and take away all Iurisdiction Ecclesiasticall in the outward court SALCLEBRIDGE sayth the King can dispense in pluralitie of benefices D. And. apud Tooker pa. 305. Bur. pa. 234. Salcl pa. 121. Took pag. 36. Bur. pag. 137. 242. Took pag. 15. D. And. pag. 151. and can licence a Bastard to take holie orders D. ANDREWES sayth hee hath all externall Iurisdiction but Censures yet BYRHIL denyeth him all Iurisdiction Ecclesiasticall both in the inward and outward Court SALCLEBRIDGE sayth the King can giue Benefices create and depose Bishops and yet TOOKER sayth he can only nominate and present BVRHIL denyeth the King Authoritie to excommunicate yea he sayth he may bee excommunicated And the same doth also D. ANDREWES and TOOKER maintaine But what a supreme Head is he that can not cut of by excommunication an infecting and infected member What a Pastour that cā not cast out an infected sheepe by Excommunication And if he can not excommunicate but rather may be excommunicated it argueth that he hath a superiour who can exercise Ecclesiasticall Iurisdiction ouer him and so he is not supreme Head of the Church Wherfore Catholicks as they acknowledge the Pope supreme Head Salcl pag. 136. so they say he can not be excōmunicated by any SALCLEBRIGE sayth that it is clearer then the sunne that Princes haue determined controuersies of faith in 8. Councels Tooker pag. 50. Bilson caeteri infra citandi and yet TOOKER as also D. BILSON D. ANDREWES and D. FIELD as wee shall see anone will not haue the King called superiour in matters of faith 21. After this doubting and varying they proceed to a flat denyall of the foresaied supremacie In Tortura Torti pa. 170. D. ANDREWES hath taken a great part of the Supremacie from the King for he confesseth that the Emperour hath no Imperiall right to diuine things These be his words Non est in ea quae diuina sunt Imperiale sed neque Pontificale ius vllum Ther is not in the King any Imperiall no nor Pontificall right ouer diuine thinges He addeth that the King hath no right to dispose of Churches which yet King HENRIE the 8. challenged and practized to the ruine of tenne thousand Churches in one yeare For thus sayth D. ANDREWES At illa diuina hîc quae tandem Aedes Templa Basilicae neque verò in ea quae ita diuina sunt Rex noster vllum sibi ius vendicet Ibid. pa. 171. And a little after he sayth That the King is no Iudge in a cause or matter of faith And in the next page he seemeth to affirme and prooue out of the Councels of Constantinople Pa. 172. Antioche and Carthage that the King is not to be Iudge in the causes of Bishops And the page next after that Pa. 173. In sacramentes the King hath neither supreame nor any power at all And besides all this he addeth that he cannot excommunicate Pag. 151 Nos Principi sayth he Cenfurae potestatem non facimus VVe do not graunt the Prince or King any power to excommunicate c. D. BILSON saith plainlie that the King hath Authoritie ouer the Persons of the Church Bilson in his true difference pag. 171 172. par 2. but not ouer the things of the Church to wit ouer the persons of the Bishops but not ouer faith Sacraments materiall Churches and such like Which yet I see not how it can stand together for if the King be supreme Head not only ouer the Kingdome but also ouer the Church that is of the persons of the Church then as because he is supreme Head of the Kingdome he can command his laye subiects in temporall matters as to paie Tribute to obey temporall lawes c. so if he be supreame Head of the Church and
ergo he may stand in his owne defence and by warres defensiue may maintaine his possession And then to what iniuries and gatboiles the Church should expose Kings subiects and Kingdomes and consequently the whole Church who seeth not but he that is wilfullie blind and will not open his eyes so that either the Councell of Laterane was temerarious and rash to build so perilous a Decree vpon no assured but only probable opinion or she thought assuredly that the Pope had such Authoritie and then euerie obedient Child of the Church should rather follow hers then Widdringtons and some few his companions opinion For certes otherwise as it is iniustice to put one out of his land or house who hath probable right and withall possession because potior est cónditio possidentis better is the condition of him that is in possession So were it open iniustice in the Pope to depriue a King of his Crowne and Kingdome who hath probable right because it is as Widdrington saith but probable not assured that the Pope can depose him and who yet hath possession He answereth that the Church commandeth the Feast of the Conception and the Pope hath giuen authoritie to simple Priests to confirme and moreouer dispensed with Princes in the solemne vow of Religion which yet are grounded but on probable opinions But the foresaid Authour in his discussion of this Decree hath verie well shewed that such inconuenienecs follow not vpon these Decrees which are not so dangerous nor concerne not the whole Church as this decree doth but onlie particuler persons and therfore I will not actum agere 8. But here I can not but obserue how cunninglie Widdrington in his new yeares-gifte endeauoureth to make his Reader beleeue that I made this Argument against my selfe In his new yeares gift pag. 43. and 52. For wheras I out of the decree of the Generall Coūcell of Lateran which I supposed to be iust had inferred that the opinion which holdeth that the Pope can in some case depose a Prince on which this decree is grounded must needes be more then probable and no lesse then certaine else if it were but probable that the Pope can depose a Prince it were probable also that the Prince deposed had still probable Title and so being in possession should vniustly be dispossessed because better is the condition of the possessour who hath probable right VViddrington taketh it for a probable opinion only that the Pope can depose a Prince whieh I alwayes denied and disprooued and thence inferreth and as he would seeme euen by my argument and Confession that the Pope cannot without open iniustice depose a Prince Where I desire the Reader to note how I as all modest Catholickes should doe doe attribute so much to the Councelles decree that by it I prooue it to be a certaine opinion that the Pope can depose a Prince in some case else the decree had been vniust VViddrington notwitstanding this decree holdeth still that it is but a probable opinion that the Pope can depose a Prince and thence inferreth that the Pope can not iustlie depose and so is not ashamed nor afraid to confesse in effect that this decree of that so greate and Generall Councell is vniust which with what modestie he can do I report me to all modest Catholickes and to the iudgement of all iudicious Readers 9. Lastlie I will yet trie another waie to persuade these kinde of men which if they contemne Mat. 18. they can hardlie auoide that imputation of Ethnikes and Publicanes which Christ him selfe layeth on them that will not heare the Church For not onlie that which is expreslie and in actu signato defined by the Councell is to be beleeued vnder paine of heresie but also that which in actu exercito is defined I will explicate my self If the Pope especiallie with a Generall Councell decree or enact any Generall law which he commandeth to be obserued of the whole Church he doth not expresselie and in actu signato define the thing to be lawfull which he commandeth but yet he doth in actu exercito and tacitè define it to be lawfull because if he cannot erre in prescribing generall lawes to the vniuersall Church as if he could the whole Church which must obey her Chiefe Pastour should erre with him it followeth necessarily that he hath infallible assistance in enacting such lawes and consequently that it must not onlie be probable but also certainly true yea and so true that it is not onlie temeritie and rashenes but also obstinate heresie to holde that it is vnlawfull which the Pope thus commandeth Bellarm. lib 4. de Rom. Pont. cap. 5. Du Valle lib. de suprema Rom. Pont. in Ecclesiam potestate part 2. q. 7. This is the opinion of Bellarmine which he prooueth also verie solidlie The same a learned Doctour of the Sorbonnes and Chiefe Reader in Diuinitie called Du Valle holdeth and as Diuines knowe it is the common opinion though some few holde the contrarie Du Valle hath these wordes Han● autem infallibilitatem non minùs quàm in fidei definitionibus agnoscunt omnes Catholici Doctores But this Infallibllitie no lesse then in definitions of faith all Catholick Doctours do acknowledge This both Bellarmine and he as others also prooue by many Arguments For First if the Pope could command an vnlawfull thing he should command vice for vertue and might forbid vertue as vnlawfull whence should follow that the Church which must obey her Chiefe Pastour should erre in a matter necessarie to saluation for she should imbrace vice for vertue and imbracinge that should be no more Holie Yea then the Church should erre in a matter of faith because if the Pope cōmād vice for vertue the Church which must giue eare to her Chiefe Pastour should embrace it as lawfull and consequentlie should embrace a thing against faith for as it is against faith to say or thinke that Christ is not reallie in the Blessed Sacrament so is it to say or thinke that vice is vertue which yet the Chiefe Pastour should teach in commanding and the Church should beleeue in embracing and obseruing Whence I inferre that the former decree of the Councell is a matter of faith and necessarily to be beleeued For by this decree the Pope and Councell of Lateran do absolue the subiects from obedience and fidelitie by a Generall Decree do depose the Prince from his Kingdome which if it were vniust as it must needs be if the Pope had no Authoritie the Pope and Councell should erre in a matter against faith because the Catholick faith teacheth that vertue is good vice is euill and vnlawfull yet if this decree of deposition of the Prince and absolution of his subiects from their fidelitie were against iustice the Church which must obey her Chiefe Pastour should be bound to thinke iniustice to be iustice vice to be vertue which is against faith And therfore if VViddrington notwitstanding this
sayth he let none of you suffer as a murderer or a chiefe or a rayler or coueter of other mens thinges but if as a Christian Catholique let him not be ashamed 1. Pet. 2. Bee you therfore Subiect to euerie humane Creatur for God whether it be to the King as excelling or to rulers as sent from him whether it bee to the Prelate or to the Prince Church or Common wealth it hauing been my onlie intention and the onlie drift of this booke that Prelate and Prince should both haue their due neither should bee iniuried 78. And therfore I exhort you to refuse the Oathe of pretended Allegeaunce because your Chiefe visible Pastour hath forbidden it and for that his Authoritie and Right therin is interessed and yet I would haue you also obey the King in all Temporall and Ciuill causes because such obedience Gods Law commaundeth and consequentlie to defend his Royal parson euen with hazard of your goods Landes and liues to pray for him and his Royall posteritie that he may liue and raigne long in his own person and after in a long posteritie that he may soe gouetn his Kingdome of England heere as he may not loose but gaine a greater Kingdome of Heauen herafter 79 And I most humblie also desire his most Excellent Maiestie An humble petition to the Kings maiestie out of his rare wisdome deepe Iudgement and long experiēce not to esteeme those his onlie faithfull Suhiectes who are best Temporisers because as many of these men serue not so much the King as the tyme and in it their own turnes so if tyme Fortune chaūge they also like the Fishe Polypus which taketh the hewe and colour of the stone to which it cleaueth will chaunge and varie The noble CONSTANT vs Father to CONSTANTINE the Great will be vnto his Maiestie a good President in 〈◊〉 Kinde Hee on a tyme to trye who were like to prooue his most faithfull Subiectes commaunded as EVSEBIVS relateth that all those of his Court Euseb li. de vita Cōstan tini non longe ab initi● who would en●oy his frendship or participate of any his Honours and Dignities which he vsed to bestowe should sacrifice to the Goddes and that they who would not should be expelled the Court and depriued of all honour and fauour At which commaundement some of them loath to loose their honorable places and Dignities obeyed the King and forsaking Christian Religion sacrificed to the Idolles others fearing God more then the King and more him that can kill soule and bodye in hell then him that can kill onlie the body Mat. 10. but can not touch the soule left the Court and all hopes of preferrement rather then they would leaue their Religion or do any thing against their conscience which when the King Sawe he called backe those constant Christians and reiected from his Courte and companie those-false harted Temporizers saying that they whoe were not faithfull to God would neuer be sure and trustie to the King and that they who would not for any thing the world could afforde forsake God or their Religion or do any thing against conscience were most like to prooue most faithfull freinds and Subiectes to their Prince Which President if 〈◊〉 Maiestie our Soueraigne respect accordinglie he will deeme and shall by experience find that those his Catholique Subiectes who out of Religion and Conscience stand most constantlie for their faith the Church and her chiefe Visible Pastour will out of the same Religion and conscience which are the most strong and forcible bondes stand most stiffelie when occasion shal be offered for their King and Soueraigne and will prooue his most obedient peaceble and faithfull Subiectes The Printer to the Reader Although the Authour gentle Reader by publishing this his Treatise so late This is spoken of the first Edition may seeme to haue obserued no oportunitie of time yet I can assure thee that it was two yeeres since readie for the presse and much against his will hath all this while vppon some occasions been differred But seeing that the Oath is still proposed by the Magistrate and by some few also who feare more the losse of a Temporall then an eternall estate taken and moreouer defended he shall not be like to that Phisition who prescribeth Phisick after the disease is cured but rather to him who expecteth till the disease cōmeth to maturitie and ripenesse that so shewing it selfe more euidently he may apply the better remedie Receaue it therefore how late soeuer it come and vse it for thy good according to the Authours desire and sincere intention FINIS FAVLTS ESCAPED IN PRINTING PAg. 7. lin 10. bath corrige hath selue cor selfe p. 8. l. 11. 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Fot cor For. p. 334. l. 2● saferie cor safetie Pag. 351. in marg dele Anton lib 4. and lib. cor l. pag. 353. lin 26 adde before if yet pag 353 lin 30. depose cor depose also pag 465. l last dele of excommunication denounced pag. 361 lin 10. abolendum cor abolendam pag. 368. l. 25. coe correct condemned pag. 368. l. 26. and cor but practised and. pag. 400. l. 23. perswaded cor perswade End
against God and his Churches right and honour VVherfore seeing that by this oath the true and lawfull Authoritle of your chiefe visible head and Pallour is abiured as this booke will make plaine vnto you imitate the wise serpent expose bodie liuings libertie and all for the defence of your Head and if your zealous Pastour and Primat S. THOMAS of CANTERBVRIE indured banishment reuilings contumelies iniuries and at length death it self for the defēce of the rights of the Church how much more should you constantlie endure for the defence of the Head of the Church 18. And although Widdrington telles you and as he would seeme as a freind and one that hath care of your temporall estates that you are not bound to loose any penny for the Authoritie of the Pope which this oath abiureth yet I desire you to cōpare VViddrington to those Allens Card. Allan in his Answ to the libeller Hardings Sanders B●istowes Stapletons who had as great a care of your temporall and more of your spirituall estates and yet wrote and taught that the Authoritie which this oath abiureth is to be defended with hazard of liuings and life To these I'desire you to adde the Coūcels not only Prouincial but also General which in their decrees haue defined this authoritie the Popes so many so learned so holie who haue exercized it vpon rebellious Princes the Kings and Emperours though most herein interessed who haue acknowledged it the arguments also deducted out of Scripture and Principles of faith and Diuinitie which do conuince it all which this booke will make known vnto you and lastly the fatherlie admonition of your most Holie Father and chiefe visible Pastour PAVL by the Grace of God the fifte of that name who as by office he hath a generall charge and care of all Christian Nations so hath he a particular care not only of the spirituall but also of the temporall estates of all English Catholikes as our Colledges haue and do daiely experience and consequentlie would not expose your temporall estates to the furie of the persecutour by forbidding you this oath if as he telleth you it did not containe thinges which can not be sworne without euident and grieuous wronging of Gods honour and which are flat contrarie to faith and saluation Paulus 5. in Breu. And therfore seeing that hee like a wise and carefull Phisitian hath more care of your health then of contenting your tast and humour and VViddrington contrariewise permitteth you that which is pleasing to flesh and bloud not so much respecting how preiudicious it is to your soules health if you will preferre heauen before a temporall estate and the soule before the bodie you must also preserre your Holie Fathers counsel and admonition especiallie grounded in such authoritie before all the smooth and soothing prescriptions in the world warrāted by onlie Widdringtons and some few obscure Authors authoritie for although he alleadgeth often the Doctors of Sotbon and all the state of France yet by the late resistance made by the Clergie and nobilitie of France against the like Oath who seeth not how he abuseth his reader and iniureth that noble Monarchie 19. But put the case you should preferre VViddringtons counsel before your chiefe Pastours admonition and all the authoritie alleadged neither so what soeuer he beareth you in hand should you saue your temporall estates or decline persecution For to omitte that if you had at the first iointlie and couragionslie resisted the oath it is like you should neuer haue been so hoatlie pressed with it if now you should all resolue to accept of it neither so should you auoide persecution For as I haue tould you perchaunce your yeelding in this point hath prouoked your heauenlie Fathers wrath and induced him in this his so iustlie conceiued anger to vse or permitt still the rodd of persecution which otherwise he was readie to haue layed aside and the persecutour who proposeth this oath not seeking so much the Princes securitie which rather hereby as I haue shewed in the last chapter of this booke is more endaungered as the molestation of your Consciences and the pillage of your goods would not though you should accept of this oath surcease therfore from persecution but if he could not by this meanes molest your consciences and ruine your estates he would try other meanes as to compell you to their Churches or prophane Communion And this you may gather by his sorrow he shewed when in the beginning so many of you yeelded to take this oath and by this also that many who haue taken this oath can not so free them selues from molestation because nothing but your goods and miseries can satisfie the vnsatiable crueltie of bloudie persecutours And so by yeelding to this oath as you prouoke Gods greater anger so you moue the persecutour to no compassion rather you make him more insolent and redouble your owne miserie But suppose you could thus shake of this h●auie yoke of persecution yet it beeing vnlawfull as your chiefe Pastour and ●earnedst Doctours teach you as hetherto rapinam bonorum vestrorum cum gaudio suscepistis cognoscentes vos habere meliorem manentem substantiā Heb 10 the spoile of your owne goods you haue taken with ioy knowing that you haue a better and permanent substance so do you perseuere and continue And if God permit the persecutour to prey not only on your goods but also on your liues yet nolite timere eos qui occidunt corpus animam autem non possunt occidere c. Matt 10. feare not them that can kill the bodie and are not able to kill the soule but rather feare him that can destroy both soule and bodie into Hel. 10. Many thinges do make this oath vnlawfull as you will easilie perceaue by the briese examination which the last chapter of this treatise maketh of it but if there were nothing but this that it is an vncouth and vnwonted oath neuer yet proposed by any Prince vnto his subiects and proposed also by the professed Enemies of Gods Church all Catholikes that feare to offend God or to doe iniurie to the Church and her right and authoritie ought to holde it as suspected and as such to shunne it and auoyd it For it is no new thing for heretikes vnder colour of oathes of fidelitie and ciuil alleageance to deceaue the well meaning and nought-suspecting Catholike VVee read in the historie of the persecution of the Wandalles Victor Vticen lib. 3. de pers Vand. how Hunnericus proposed such an oath to the Catholike Bishops assembled together at Carthage pretēding onely therby to assure him selfe of their sidelitie towards him and his sonne that was to succeede him which if they would take he premised to send them home to their Churches The oath seemed ●●rie reasonable and was no other then this Iurate si post obitum Domini nostri Regis eius filium Hildericum desideratis esse Regem vel si nullus vestrum ad Regiones
transmarinas epistolas diriget Sweare whether after the death of our Lord the King you desire that his sonne Hildericus should be King or that none of you will wr●●e or send letters beyond the seas At this oath though in shew altogether lawfull the Catholike Bishops staggered and some of them suspecting all that cometh from the Enemies of Gods Church flatlie refused it others least the people should say that vitio sacerdotum qui iurare noluerunt non fuerint Ecclesiae restiturae by the fault of the Priests that would not sweare the Churches were not restored accepted of it But by and by appeared the hidden malice of the persecutour for he tooke aduantage thereby as well against those that swoare as those that refused to sweare To them that swoare his officers sayd VVhy against the commaundement of the Ghospell haue you ●Worne The King commaunded that you should neuer visit your Cities and Churchs againe but that being banished you should take lands to till colonatus iure by right of farmers and new Inhabitants yet with this condition also that you neither sing seruice nor pray nor carrie booke to reade nor Baptize nor giue orders nor reconcile any To them that refused to sweare they sayd quia regnum filii Domini nostri non optatis idcirco iurare noluistis c. Because you desire not that the sonne of our Lord the King should raigne after his Father therefore you would not sweare For which cause you are commaunded to be banished into the ●e of Corsica to hew trees for the Kings buildings So that in extraordinarie oathes the hereticall Magistrate hath sinister intentions and hidden meanings and vnder faire pretences coucheth malice and therfore all such oathes are by zealous Catholikes to be suspected much more this oath which in so plaine wordes abiureth the Popes lawfull authoritie which Councels and chiefe Doctors do giue him and which he hath practised so many yeares without contradiction of all sauing heretikes schismatikes and some few obscure authours ought to be houlden as suspected and as such of all timorous consciences to be auoided 21. VVherfore worthy Catholikes vse the benefit of persecution for that your good to which by God it is ordained or permitted let it serue for a winde to blow away your chaffe of Imperfections not to scatter the solid wheate of your faith charitie zeale feruour and constancie let it serue for a red sea to passe to the land of promise with the Israelites not to drowne you with the Aegiptians let it serue for a gale of wind to set you onward to the hauen of heauen not for a boysterous blast to driue you on the rockes of scandall let it serue for a blast to enkindle not to blow out your fier let it serue for a fire to purge you like gould not to melte and consume you like wax or lead to harden you as vessels sit to receaue Gods spirit and to carrie his name not to breake you in the heating And my dearest I vse S. PETERS words nolite peregrinari in feruore qui ad tentationem vobis sit quasi aliquid vobis contingat 1. Pet. 4. Thinke it not straūge in the feruour which is to you for a tentation as though some new thing happened vnto you It is no new thing for the seruantes of God to suffer persecution but comfort your selues that in suffering for Instice you are companions to Christ the Prophets Apostles and Martyrs Take heede that none of you suffer for disloyaltie or ill demeanour but whosoeuer suffereth as a true Christian that is as a Catholicke Romane for these two alwayes go together let him not be ashamed but let him glorine God 1. Pet. 2. for such suffering is but to purge him to try him to associat him to Christ and his faith to marke him for one of Christs souldiers to conforme and configurate him here to Christ patient that he may be cōfigurated in heauen to Christ triūphant VVherfore plucke vp your hartes and call to mynd your former victories hetherto you neuer encountred but you ouercame and prooued stronger thē all the Tibornes rackes and Gibbets then all the Engines and Ministers of crueltie doe not now by dastardie and cowardlike yeelding obscure your former glorie and mortifie your former merites but seing that you haue of humane frailtie yeelded in this one point let this your disgrace and foile receiued thereby serue for a busset of Satan to humiliate you with S. PAVL 2. Cor. 12. least the greatnes of your reuelations as it is a reuealed doctrine to count it honour and fel●●itie to suffer for Christ might extoll you let it serue for a memoriall to put you in mynd that heretofore by Christ and his graces not by your own force you ouercame let it serue as a Monitour to admonish you sitting in the triumphant chariot of your former victories that you are of your selues but mortall and frayle men let this fall make you rise with a rebounde to greater courage then euer that so all thinges euen falles may cooperate to your good Rom. 8. 22. But my zeale of your Honour VVorthie Catholickes hath transported me and made mee not only to exceede the limites of an Epistle but also to be more officious then perchaunce gratefull to some who may thinke that if I knew or at least fealt the miseries which they endure I should rather condescēd vnto them with VViddrington then vrge them so much to refuse this oath whose refusall is so daungerous to their persons and pernicious to their estates But I haue for such an answer in readines to wit that I am not ignorant of your extreame afflictions and that as I protest I neuer thinke of your sufferances seriouslie but I suffer with you sensiblie and would if so I might ease you spend my blood and hazard my life euen for a relaxation from your temporall miseries but being perswaded as I am and standing vpon so sure grounds as this Treatise will manifest vnto you as that Phisition were vnworthie his Profession that would prescribe onely such Phisick to his patient as is pleasing to his tast not caring how contrarie it be to his health so if I with a VViddrington would seeke to soothe and sute a worldlie humour and so my speeches be pleasing to flesh and bloud little regard the health and state of your soules and securitie of your consciences I were vnworthie the roome I fill the person I sustaine and the function of a Spiritual Physition which I haue vndertaken VVherfore if my Physick be distastfull refuse it not it being healthfull neither be you angrie with the Physition for prescribing so bitter a potion he therby intending your good and if my speeches seeme too plaine thinke they are sincere and spoken out of loue if sharpe and byting persuade your selues that meliora sunt vulnera diligentis quàm fraudulenta oscula odientis Prou. 27. Better are the wounds of him that loueth then the fraudulent kisses of him
other Titles to be quite exempt from him and subiect to none in temporall matters And seing that this supremacie in Ecclesiasticall matters either is not distinguished from their Regall Authoritie or is necessarilie annexed vnto it as they refuse to be subiect in temporall matters so might they in Ecclesiasticall The King of England Why he rather then the King of France The King of France why he rather then any of the others Yea if these Kings pretend not to be subiect to the Emperour much more may they claime exemption from one anotherr 9. If any answere that by Common consent they may either choose one to call the rest or being all equall they may meete altogether in one neither will this serue For as for the first meanes it is morally impossible because Kinges who haue high aspiring mindes would neuer be drawen to subiect them selues to any and so whilst euerie one would be Chiefe none should be Chiefe The second meanes is as impossible for first where shall they meet Certes no King will easilie leaue his Kingdome and so euerie one would be desirous to haue the Councell in his Countrie yea euerie one would refuse to haue such a meeting in his Kingdome for feare of daunger But suppose they meete when they are mett how shall they agree especiallie they being commonly of diuers Religions for if a King in that he is a King is to iudge in matters of the Church euery King hath right to be of this Councell and so the Turke the Persian the Muscouite shall haue place in this Councell If you say that not euerie King but onely Christian Kinges are Heads of the Church in their Kingdomes then at least Catholick Lutheran and Caluinian Kinges must be of the Councell and how shall these agree who shall moderat seing there is no more reason of one then another If you say that Bishops must be the Men that must make Decrees and Canons and conclude all in this Councell This they cannot do without Kinges if euerie King be supreme Head in their Countrie and therfore it was enacted accordinglie in the Parlament holden by King HENRIE the Eight in the twenty sixt yeare of his raigne That he should be reputed supreme Head of the Church of England and should haue all the honours Authorities and commodities belonging there vnto Amongst which honours the Principall and that which is necessarilie annexed vnto the Headship of the Church is to call Councels and to sitt as Chiefe Iudge in them See Poulton ●n his Abridgemēt of the statutes Sander de Schis Angl. And Queene ELIZABETH had also graunted vnto her by a Parlament in the first yeare of her raigne all power for the correction and reformation of the Clergie for the iudgements and punishmēts of schismes and heresies for nominating of Bishops and for calling of Synods and that with such ample Authoritie that nothing should be decreed in any Synod with in the Realme without expresse licence and consent of the Queene And if the Bishops in the Councell agree not as I see not how they can if there be no one amongst them that can command who shall be the man that shall take vp the matter amongst them If you say the Kings I demand who shall beare the sway amongst them And so to make Kinges Heads of the Church in their Kingdomes is to hinder all Generall Councels which yet heretofore haue been so oft assembled by the Authoritie of the Pope to the great profit peace and vnitie of the Church 10. Fourthlie if Princes in that they are Princes or Christian Princes were Heades of the Church in their Realme then Children might be Heades of the Church yea and women also for they are capable of Regall Authoritie wheras not withstāding the Wiseman pronounceth a vae curse to the land whose King is a Child Ecclesiastes 10. And much more woe it were to a Church whose head is a Child Surely S. PAVL 1. Cor. 14 that commands women to be silent in the Church would neuer haue permitted such to gouerne the Church And yet after King HENRIE had arrogated this monstrous power in a King to make it ridiculous to the world God permitted that next after him a Child came to be King the Head of the Church of England and next but one after the Child a womā succeeded also in the like authoritie 11. Fiftlie to make enerie King supreme Head of the Church in his Kingdome destroyeth the vnitie of the Church for wheras there are three especiall and essentiall Vnities in the Church to wit Vnitie of Head and one gouernment Vnitie of one faith Vnitie of the same externall profession and worship of God by the same rites and Sacramentes If we receaue euerie Prince in his Realme for Head of the Church these three Vnities can not long be conserued For as for the first Vnitie though our Aduersaries would say that it may well be conserued in CHRIST who is the principall and onely principall and absolute Head yet because CHRIST is now ascended to his Father and conuerseth no more visibly amongst vs besides him the Church which is a Visible Congregation and bodie standeth in neede of a visible Head else should she be visibly headlesse and imperfect And therfore as scripture hath declared CHRIST for our soueraine and invisible head Ioan. 10 Vnum ouile vnus Pastor One fould Ephes 1. one Pastour And againe Ipsum dedit caput supra omnem Ecclesiam God the Father made him head ouer all the Church which is his bodie So doth scripture and CHRIST him self in scripture point out another vnderhead and visible Pastour Mat. 16. saying Thou art Peter and vpon this Rocke will I build my Church and againe Pas●e oues meas feede my sheepe that is all Christians Ioan. 21 and so PETER was in his time and his successour the Pope now is Chiefe Head and visible pastour ouer all Christians and consequentlie ouer all Bishops euen in a Generall Councell vnlesse they will denie them selues to be the sheepe of Christ. And this Vnitie was necessarie to conserue the other Vnities of faith and eternall profession and worship of God by the same Sacramētes For diuers visible Heades would not so easilie agree amongst them selues it being a naturall thing for mē in equall authoritie to striue to drawe all to their partie Whereupon S. CIPRIAN sayth Cypria lib. 4. ep 9. lib. 1. epist 8. lib. de vnit Eccl. That the Church is Plebs suo sacerdoti adunata The people vnited to their Priest And that Non aliunde natae sunt haereses aut orta schismata nisi quod vni sacerdoti Dei ab vniuersa fraternitate non obtemperetur Not from any other source heresies or schismes are risen then for that obedience is not giuen to one Priest of all the fraternitie For why Exordium ab vno proficiscitur Primatus Petro datur vt vna Christi Ecclesia vna Cathedra
or force and violence were for the most part conuerted the Pope to conserue Religion might giue them a Christian Prince and send an Armie to put him in possession S. Thom. 2.2 q. 10 art 10. Innoc. ca. super his de voto voti redempt This he prooueth out of S. Thomas and the common opinion of Diuines who affirme that the Chiefe Pastour in fauour of Religion and for securing Christians saluation might free Christian slaues from seruitude and much more other Christians who are subiect not despoticè but only politicè yea this hee prooueth out of scripture because in fauour of faith a wife may be separated from a Pagan husband 1. Cor. 7. Cap. quanto de diuortiis much more a subiect from his Prince 28. A fourth Title is if the Prince generallie molest Innocentes by vniust lawes and vexations as if a Pagan King should sacrifice Innocent Children to his Gods then any forreine Prince especially by the counsell of the High Pastour after he hath warned the sayd King and seeth no redresse may take the cause of the Innocents vpon him and make warre vpon the King for their defence for as Innocents haue right from God and Nature to defend them selues so may another with their expresse or presumed licence vndertake their cause and wage warre in their defence 29. A fift Title may be grounded in the Popes temporall authoritie for hee being a temporall Prince might authorize the Duke of Vrbine for example or other his Feudataries to inuade England for satisfaction of iniuries if the King of England had done him any for so the King of England hath heretofore inuaded France for iniuries receaued and might againe hereafter if by the French the like iniuries should be offerred And yet this Clause of the Oath makes the Catholicke to sweare that the Pope neither by 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 c. or to anoy him or inuade his countries c. 30. Another Title of inuading a Princes country or resisting him may be this If Princes contrary to the Popes commandement and liking of all other Princes would call the Moores or Turkes into Spaine France or Germanie and commaund their subiects to assist them were they bound to obey or rather were they not bound to resist what they could And seeing that the bringing of the Moores or Turkes into those countries might bee preiudiciall to all Christian countries and euen to Christian faith might not other Princes especially cōmaunded by their Chiefe visible Pastour inuade their countries to hinder the entrance of such enemies And might nor yea ought not the Emperour and those Princes subiects to assist them against their owne Princes for the common good of Christendome And yet by this Clause we are cōmaunded to sweare that the Pope in no case can authorize subiects or Princes to annoy his Maiestie of England or any his countries 31. Wherefore although I will not auerre that Christian Princes may haue these titles to inuade England or any part of it or to make warre either against the Prince to whom I wish after long life hete eternity in heauen or countrie which is most deare vnto mee Yet by this it may easily appeare that it is not so euident as VViddrington would make it that this Oath may be taken with such an assured asseueration and in those so generall termes Victoria hauing alleadged so many Titles of iust warres which make this Clause at least doubtfull and so not to be sworne 32. Widdr. in Disp The ol c. 3. sect 4. n. 3. VViddrington answereth that in this Clause is not denyed that the Common wealth can depose a Prince but only is auerred that the Pope cannot either by himselfe or by the Common wealth or any other meanes And saith he if the Pope cannot by himselfe neither can hee by the Common wealth And this as he thinketh he conuinceth by examples For saith he as a stone neither with a man neither by a man hath power to vnderstand and disoourse and neither by the Common wealth nor with the Common wealth can depose a Prince because it hath no power of it selfe to discourse or depose so if wee suppose that the Pope of him selfe hath no power to depose a Prince he cannot by the Common wealth depose him though otherwife the Common wealth could And although saith Widdrington these examples be not like in all points because the stone is not capable at all of discoursing or deposing the Pope is at least capable of Authoritie to depose Princes if God would giue it him yet saith he if wee suppose that the Pope de facto hath no power to depose then a good argument may be drawne out of these similitudes For as the stone cannot by man or with a man discourse or depose Kings because it hath no power of it selfe so to doe so if the Pope haue no authoritie to depose Princes as Widdrington supposeth it cannot be or is not yet sufficiently prooued that he hath he cannot de facto by the Common wealth depose 33. But I shall make VViddrington to see by other examples and reason also how litle these his examples auaile For suppose the Pope could not depose a Prince by himselfe as I haue prooued he can yet he might doe it by a temporall Prince or the Common wealth and that also in VViddringtons opinion This I prooue first by examples For in the opinion of those Philosophers who say that no substance is immediately operatiue or actiue the substance or substantiall forme of fire can not produce fire immediately by it selfe and yet it can per calorem siccitatem by heate and siccity which are the fires instrument and actiue virtue and so wee say not only that heate produceth heate but also that fire produceth heate though not immediately but by meanes of the foresaid qualities So the sunne engendreth metalls and mineralls in the bowells of the earth and produceth as an vniuersall cause plantes and hearbes and yet not by his immediate substance but by mediation of his light and influences So the will of man is cause of walking speaking and other externall operations yet not by her selfe immediately but by mediation of other faculties which are dependent on her So a Prince that had neither hand nor foote or if he had should vse neither and so could not kill his enemie yet might he doe it by his Captaine if he should commaund him and if at his commaūd the Captaine should kill the Prince also should be said to haue killed yea to haue bene the principall cause of the murder though immediately he either could not or did not strike any stroke Wherefore VViddrington might haue called to mind that many tymes an agent may worke an effect by another which it can not by it selfe immediatly if the other cause which it vseth be