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A67445 Some few questions concerning the Oath of allegiance propos'd by a Catholick gentleman in a letter to a person of learning and honour. Walsh, Peter, 1618?-1688. 1661 (1661) Wing W641; ESTC R38929 23,740 40

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SOME FEVV QUESTIONS CONCERNING THE OATH OF ALLEGIANCE Propos'd by a Catholick Gentleman In a LETTER to a Person of Learning and Honour MATH VII VII Quaerite Invenietis Printed in the Year 1661. To the Reader A Thousand to one now you 'l be inquiring who is the Author Pardon me if I frankly answer what need you care Judge of the Venison and never trouble your self with asking whence it comes 'T is a short Book though a long Letter and when you have perus'd a period or two if you like it you may read on if not lay it down and betake your self to some better businesse only oblige me with this favour if you allow not what I have done teach me what I should have done This is my case Me thought I saw the truth hang clearly on my side while I consider'd only the weights which each hand laid in the ballance but the Number of those who strove by plain force to pull down the Other a little mov'd I confesse and shak'd my Scale yet I easily recover'd my former steddinesse when I reflected on the Moment one solid Reason has compar'd to a multitude even of the gravest Opiners But then they shrewdly heav'd at me again Why should not the Many be presum'd to have Reason as well as the Few against which thus much at least I had to say and perhaps somewhat more to think That since either too strong an Interest or too weak a Courage or too slight an Examination may justly be suspected as the general cause of spreading that Opinion I hop'd my inferiournesse in number would not be able to work me any great prejudice with those who fairly compar'd my advantages in other respects especially if we remember the diligences perpetually us'd for improvement of Ecclesiastical Prerogatives by advancing still favourable Tenets and prohibiting the contrary while the good Lay-Princes seldome provide so carefully for themselves and where they do such tender Doctrines grow very slowly and if they chan●e to take a little yet for want of depth soon wither away Nor is my Party so few as not to be considerable If three or four Doctors nay perhaps One who has well studied the Point can make an Opinion safe What may we say where a greater number of whole Universities engage their Judgements Universities equal to the best in Europe who on purpose studyed and disputed the Question and having seriously ponder'd both what Popes had done and Councils had defin'd and all kind of Authors had written at last unanimously concluded and decreed what this following Letter intends to represent When I was thus by Reason and Authority satisfied in my own mind still there remain'd a Scruple to publish it for though I suppose my self secure of a Truth what have I to do being a private Man to tell it to others especially Those who are infinitely more competent Judges than I But as again I beg your Counsel let me again tell you my condition I observ'd that most of the Persons from whom we might expect such discourses were either diverted by other imployments or for particular considerations unwilling to meddle with This On the other side I consider'd how excellent a Charity it were to be the occasion of setling clearly so important a Doctrine that we might hang no longer between Heaven and Earth God and Cesar sustain'd only by the slippery running-knot of Probability which will be fast or loose as the Casuist pleases especially if the Writers endeavours should be blest with so happy successe as to give the least contribution towards the attainment of a more condescending Form of Oath wherein the manner of expression being a little chang'd every syllable of the Substance might entirely be retain'd many of the better-temper'd Refusers being observ'd to scruple more at some Phrase than at any Thing in the Oath This strongly carryed me to wish the Work done but my own unqualifiednesse extremely discourag'd me from doing it At last seeing my Independence on any as to particular expectations was a Circumstance very suitable to such an undertaking and in very few to be found my thoughts weary of strugling one with another sat down and rested upon this Conclusion That to propose my Sense by way of Quaeres could not be esteem'd presumptuous since every fool has wit enough to ask Questions and I have left for others the Wise man's part to answer them THE OATH OF ALLEGIANCE I A. B. Do truly and sincerely Acknowledge Profess Testify and Declare in my Conscience before God and the World That our Soveraign Lord King CHARLES is lawful and rightful King of this Realm and of all other his Majesties Dominions and Countries And that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any Power or Authority to depose the King or to dispose of any of his Majesties Kingdomes or Dominions or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty or to give licence or leave to any of them to bear Arms raise Tumults or to offer any violence or hurt to his Majesties Person State or Government or to any of his Majesties Subjects within his Majesties Dominions Also I do Swear from my heart that notwithstanding any Declaration or sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heires or Successors or any Absolution of the said Subjects from their Obedience I will bear Faith and true Allegiance to his Majesty his Heires and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise And will do my best endeavour to disclose and make known unto his Majesty his Heires and Successors all Treasons and Traiterous Conspiracies which I shall know or hear of to be against him or any of them And I do further swear that I do from my heart abhorre detest and abjure as Impious and Haeretical this damnable Doctrine and Position That Princes which be Excommunicated or Deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do believe and in my Conscience am resolved that neither the Pope nor any Person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully ministred unto me and do renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely Acknowledge and Swear according to these express words by me spoken and according to the plain and common Sense and understanding of the same words without any Equivocation
or Mental Evasion or secret Reservation whatsoever And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God THE LETTER SIR AS your Civility has taught me I may have any thing of you for asking so my own Experience teaches me nothing is more easy than to ask Unless it be to doubt or to be ignorant two qualities so common and so little implying any conceit of sufficiency in their Owner that I hope you will neither accuse me of Presumption while I only seek what I profess not to know nor of Imprudence while I seek where I know I am most like to find Your peircing Eye has both read what others say and penetrated what they maintain Your generous mind neither hopes nor fears can corrupt and if they could your happy Condition secures you from both To you therefore I confidently come and without any farther Compliments which you are too wise to expect and I too uncourtly to give I humbly desire your free and speedy judgment in these few Seasonable and Important Questions Some say the Pope by direct and immediate sentence can depose Princes Others he can only Excommunicate directly and depose by Consequence Some say he can depose only Princes Subject to the Church Others Infidels too Some say he has power to do this only in order to Spirituals Others absolutely without that Restriction Some say the Crime must be Heresy or Apostacy Others extend his Jurisdiction to more and even all Cases And there are who say He cannot depose at all neither any of these ways nor for any of these Persons nor for any of these Causes In favour of which last Position not to speak of particular Authors 't was my fortune lately to meet with a Censure of the Faculty of Paris and some publick and solemn Decrees made by that and divers other Universities of France Of which the better to entitle my self to beg your Judgment I here send you a shott Extract On purpose omitting the French King and Parliaments Prohibition and Arrests as Lay-arguments of little and perhaps too little weight with some that dispute this point A Decree of the University of Paris made by the Rector Deans Proctors and Batchelers of the said University in a General Assembly had on the 20th of April 1626. at the Matutin● IT having been represented by the Rector that the sacred Faculty of Theology moved as well by their ardent zeal and fidelity towards the Church his most Christian Majesty and his Kingdomes as also by the true and perfect love which they bear to Right and Justice and following therein the illustrious Examples left by their Predecessors in like Cases upon mature Examination of a certain Latine book intituled A Treatise of Heresy Schism Apostacy c. and of the Popes power in order to the punishment of those Crimes Printed at Rome 1625. had in the 30. and 31. Chapters of Heresy found these Propositions That the Pope may with temporal punishments chastize Kings and Princes despose and deprive them of their Estates and Kingdomes for the Crime of Heresy and exempt their Subjects from the obedience due to them and that this custome has been always practis'd in the Church c. and thereupon had by a publick just and legal Sentence on the 4th of April Censured these Propositions of that pernicious book and condemn'd the Doctrine therein contain'd as New False Erronious contrary to the Law of God rendring odious the Papal Dignity opening a gap to Schism derogative to the Soveraign Authority of Kings which depends on God alone retarding the Conversion of Infidels and heretical Princes disturbing the publick Peace tending to the ruine of Kingdomes and Republicks diverting Subjects from the obedience due to their Soveraigns and precipitating them into Faction Rebellion Sedition and even to commit Paricides on the sacred Persons of their Princes The Rector Deans Proctors Batchelers and whole University have made this Decree That the sacred Faculty of Theology ought highly to be commended for having given a judgment so Pious so Religious so Wholesome against so wicked and dangerous a Doctrine For having so opportunely held forth to the whole Church but especially to all France the clear light of Antient and Orthodox Doctrine For having so gloriously follow'd the Illustrious generosity of their Predecessors and performed a task not only becoming their particular Profession to defend the truth but deserving the Imitation even of the whole University it self And to obstruct altogether the very entrance of this new and pernicious Doctrine and cause all those who now are or hereafter shall be Members of this University or merit promotion to any Degree therein to remember for ever to form and regulate their Opinions according to the judgment pronounced by that sacred Faculty and keep at utmost distance from the Doctrine so justly proscrib'd and that every one in particular may fly detest abhor it and as well in publick as private Combate Confute and Convince its falsity They do decree that in the next solemn Procession as also annually in the Assembly for the Procession general immediately after opening the Schools in the month of October this Censure shall publickly be read by the Proctor of the University the first business nothing to intervene and recorded in the Registers of each Faculty and Nation and that two Copies hereof written and signed by the hand of the Clerk of the sacred Faculty of Theology shall be kept in the Common Records of the University and the like number be sent as soon as may be to all Superiours of Colleges and Houses to the end all possible care and diligence be us'd to secure all those who frequent or reside in the said Colleges from the corruption and poyson of this pernicious Doctrine and that they never give way that any Person whatsoever presume to say or do any thing contrary to what has so wisely been determined and ordain'd by that sacred Faculty If any Doctor Professor Master of Arts or Scholar resist and disobey or go about in any sort by word or writing on any cause or pretence whatsoever to offer at the least attempt or make the least opposition against this so laudable and legal a Censure let him for a note of Infamy and Ignominy be expel'd depriv'd of his Degree Faculty Rank by a sentence that may for ever cut off all hope of admittance Quintaine Scribe of the University The Censure of the Faculty of Sorbonne dated 4th April 1626. I omit because recited at large in this of the University The like Decrees on the same occasion and against the same Doctrine That the Pope can punish Kings with temporal punishments depose them and deprive them of their Kingdomes and Estates c. were made by these several Universities following All which have lately been printed at Paris in a Collection of divers Acts Censures and Decrees as well of the University as of