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A41019 Virtumnus romanus, or, A discovrse penned by a Romish priest wherein he endevours to prove that it is lawfull for a papist in England to goe to the Protestant church, to receive the communion, and to take the oathes, both of allegiance and supremacie : to which are adjoyned animadversions in the in the [sic] margin by way of antidote against those places where the rankest poyson is couched / by Daniel Featley ... Featley, Daniel, 1582-1645. 1642 (1642) Wing F597; ESTC R2100 140,574 186

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times of obligation before expressed by Saint Thomas and other Divines for the profession of a mans faith As when the honour and glory of God and the spirituall benefit of his neighbour should exact the same Now when or what greater honour could a man have done to God then to have stood for the truth of the Gospel and defence of the Catholike faith being so opposed And in whom could there have beene more edification and greater example given for simple and unlearned men to follow then in Bishops and great men of authoritie Neither was it to purpose for them to alleadge that they were in danger of their lives and fortunes for they were bound to loose both rather then to denie any one Article of faith For although I have said that a man is not bound with danger of life or fortunes to abstaine from a thing lawfull or of its owne nature indifferent as the going to a Protestant Church in a Protestant Countrey taking the oath of Alleagiance or the now oath of Supremacy every of which is farre enough from an Article of faith or point of religion onely more cryed downe because out of fashion then out of any grounded reason or judgement to avoid the scandall of we●ke ones after instruction or admonition given of the nature of the thing and the danger in abstaining Yet I never said that a man was not bound to professe his religion in time convenient or that hee might deny his faith or any part or point of the same for feare of death but absolutely the contrary hence I say that the Supremacie in those daies being a point of religion and an article of faith although they might be excused from perjurie yet never from sinne and scandall And therefore I conceive that Suares onely intendeth that then lawes and oathes invented contrary to the law of God may be drawne to an improper sence when scandall may be avoyded with integritie of faith And so those that tooke the aforesaid Kings oath I leave to the judgement of God for as Saint Paul saith 1 Cor. 4. It is our Lord that judgeth who best knoweth the rectitude of all mens actions and the secret intentions of each mans heart The Minor of the said objection is denyed And to the words of K. Iames saying that as the Oath of Supremacie was devised for putting a difference between Papists and them of our profession So was c. I answer that the said King did not by those words undertake to give an absolute and totall reason why the said oath was devised himselfe not being the deviser or maker thereof but spake according to the effect which hee saw the oath of Supremacie tooke in his daies who conceiving that Catholiques held it not an oath lawfull for them to take and therefore some in King Henries daies refused the same out of conscience others since the abrogation of Masse and establishment of the Protestant Church out of scruples not considering either the change of times or alteration of the Church conceived likewise a difference to result thereby betweene them and Protestants so that the said renowned King did not intend by the aforesaid words to make known the intention of the law or lawmaker but onely spake what an effect the said devised oath had in Catholiques wrought That neither of the said oathes of Supremacie were framed to put a difference betweene Papists and Protestants is evident by what I have said for in King Henrie his dayes there were no Protestants knowne in England to differ withall and that oath was made onely and solely for his pleasure And in the said Queens daies the oath was onely made to give and acknowledge her power and authoritie in Spirituall or Ecclesiasticall things thereby as I have sufficiently said to propagate and establish the Protestant Church and to no other end or purpose The Major and Minor being thus answered the consequence appeares naught and the assertion for the lawfulnesse of the oath in force If any simple man pardon the bluntnesse of my speech for I know that no discreete or judicious man of either learning o● piety will justly censure me shall whisper in a corner that this doctrine is scandalous and unheard of and that divers have suffered and shed their blood rather then they would admit the same and which if it had beene lawfull others of his tribe would have found out before this time hee should have added to men of great qualitie and therefore it being no matter of faith none ought to beleeve it I forgive the poore man for he speakes out of hypocrisie or ignorance or both for he cannot tell you with learning and sinceritie why or how it is scandalous And if any did suffer for the same I pray let him likewise whisper when or in what yeere or Kings reign and then compare his speech to what I have said Yet whensoever they did it because they would not sinne against their consciences which rather then to offend they not understanding the ●ruth of the said doctrine and their phansie being the contrary way strong were bound to doe Yet good brother Simple doe not perswade me against my conscience unlesse you can confute me in reason for I conceive that I say nothing although not written of before but what is evident with Grace in reason although it be not certaine by divine f●ith And therein I shew my selfe a true friend to my distressed Countrey for certus amicus in re incerta cernitur A sure friend is tried in a doubtfull matter Yet I should be loath that any man should charge me with the least thing said as contrary to faith or the doctrine of the Catholique Church To which and whose censure I doe in all humility submit my selfe for all my doings sayings and writings as well for the satisfaction of mine owne conscience as that ignorant braines may take no offence And i● this doctrine were never heard of before what then Is it therefore false or scandalous And if your tribe did not finde it out before is it a wonder None at all with me for I should wonder indeed to heare you the inventers of any thing beneficiall to Gods Church howsoever you may and doe write over and translate other mens workes and so seeme to ignorant men to finde out something for the good of the Church that was never lost or before wanting therein because as yet I have never heard or knowne so much Those therfore that shall hearken to such whisperings I will wish them no other punishment then that the Vicar of fooles may be their ghostly father In the meane time maugre all censures I will thanke God that he hath enabled me to helpe my distressed friend at a dead lift by counselling and instructing to a lawfull I had almost said meritorious but that I feared more anger and discreet act Thus then seriously to conclude If any man shall yet remaine unsatisfied I knowing that an Angel of
6● de leg cap. 1. upon the will and intention of the lawmaker which is the soule of the law the substance and force of the law doth chi●fly depend therefore it by any meanes the will of the lawmaker may be knowne according to it especially we must understand the words of the law But the will of the lawmaker is sufficiently knowne concerning this oath to make it apparently unlawfull for any Catholique to take as appeareth by the words of King Iames of blessed memory saying in his Premonition pag. 9. and in his Apology for the oath pag. 2. and 9. that by the oath of Allegiance he intended to demand of his subjects nothing else but a profession of that temporall Allegiance and civill obedience which all subjects by the law of God and nature doe owe to their lawfull Prince c. For as the Oath of Supremacie saith he was devised for putting a difference betweene Papists and them of our profession So was the oath of Allegiance ordained for making a difference between the civilly obedient Papists and the perverse disciples of the Powder treason by which words it appeareth that King Iames held both the law and the law maker intended by the oath of Supremacie to put a difference betweene Papists and Protestants and that no Papist would take that oath wherein the Jurisdiction of the Pope was intended to be abjured Ergo the said oath of Supremacie is to be interpreted accordingly all doubtfulnesse of words set aside and consequenter unlawfull for any Catholique to take To the Major of which Objection I answer first granting the same Secondly with a distinction that the intentions of the law and law maker are to bee sought when they interpret the law in a truer sense then the plaine words doe as they lie otherwise not lest it want veritie To Suarez I answer that himselfe saith in the place before cited that if at any time the propertie of the words of an oath should induce any injustice or like absurditie concerning the minde or meaning of the lawmaker they must be drawne to a sense although improper wherein the law may be just and reasonable for this is presumed to be the minde of the law maker as it hath beene declared by many lawes in F. tit de lege thus Suarez So that although there were in the words of this oath divers significations impropper and unusuall yet in the opinion of Suarez it might be taken and the words interpreted in the truest sense abstracting from the reall intention of the law maker how much more then say I the words being not improper or unusuall but according to the intention of the law and law maker may they be taken in the more favourable sence which may make the law to be just and reasonable See for this doctrine Can. Cum tu de testibus cap. 16. Can. ad nostram de Iurejurando cap. 21. et de regulis ●●ris in 6. reg 49. in paenis leg Benignius F. de leg Leg. In ambigua ibidem Hence it followeth first out of the doctrine of the said Suarez that although the words and sentences contained in this oath being considered barely by themselves and without due circumstances to wit the intention of the law and lawmaker and to what end and purpose the s●id oath was framed may seeme to some doubtfull and ambiguous although to me they seeme not so that is not cleare and morally certaine and so for one to sweare them in that doubtfull sence were to expose himselfe to danger of perjurie yet considering as I have said that such doubtfull words are to be taken in the more favourable sense and which maketh the law to be just and reasonable and to contain no falshood or injustice If any one sweare those words which of themselves are doubtfull in no doubtfull sense but in a true and determinate sense and wherein they are not doubtfull but cleere and morally certaine there is no danger of perjurie at all It may seeme to follow secondly out of the aforesaid doctrine that such as tooke the oath of Supremacie in King Henry the eighth dayes which rather then those famous and glorious men Sir Thomas Moore and Bishop Fisher would take they worthily chose to die were not to be condemned of perjurie because it might be supposed that they being learned Bishops and Noblemen knowing what belonged to an oath did draw the same to some improper sense which ought to have beene the intention of the aforesaid King to make the law just as if they should have sworne the then King Head or chiefe of the Church of his countrey for that he was Sovereigne Lord and ruler of both persons Spirituall and Temporall all sorts being bound to obey his lawfull civill lawes and commandements And so in this sense although it be a kinde of improper speech every King is Head of the Clergy and all others of his owne Countrey Or peradventure they might sweare him Supreame Head of the Church of England that is Chiefe of the congregation of beleevers within his dominions for so in our language we commonly say him to be the head of a Colledge Court or Citie that is the chiefe and him to be chiefe who is supreame therein The Church being then taken by all Divines for a congregation of men Why might not King Henrie be improperly sworne in the opinion of Suarez Head of the then congregation in England So that what Sir Thomas Moore lawfully and piously refused with relation to the intention of the aforesaid King others might without perjurie take with relation to the law of God abstracting from all unlawfull intentions to wit that every oath be just and reasonable as being to be taken in Veritie Iustice and Iudgement and so what was unlawfull in a proper sence might at lest be free from Perjurie in an improper Thus understanding the first branch and the second and third in the same sence before delivered they might peradventure be excused as I have said from perjurie But never from sinne For considering the state of England in those dayes and the absolute intention of the King which well knowne to the whole world was to be sworne Supreame Head of the Catholique Church Catholique religion still here remaining as I have said his oath was as much different from this now oath of Supremacie as darknesse from light For by this the Queene claimed not the Supremacie granted by Christ to Saint Peter as did her father but onely to be Supreame governour of a Church out of which she would not onely discard the Pope but likewise roote out all Catholique religion contrary to her fathers minde as I have shewed so that the question in the said Kings dayes was about an Article of faith viz. Whether the Supremacie were granted by God to the King or to the Pope Which Article they were bound with losse of their lives to have professed being called thereunto for then did occurre the