obligation whatsoeuer contained therein See the Canons Nos Sanctorum Iuratos Absolutos that the Pope hath authoritie to release him of that promise and to giue him leaue to doe otherwise then hee hath promised by Oath to doe And also for that his Maiestie and the State according to whose meaning especially the doubtfull words of this Oath are to bee vnderstood and determined doe little regard this subtile quircke of refined wits whether the Pope hath power to absolue his Maiesties subiects from the sacred and religious bond of their naturall Allegiance or which is all one only as it is sworne or confirmed by Oath so that notwithstanding the releasing of this sacred bond they may bee assured that the ciuill and naturall obligation of the subiects temporall Allegiance to the confirmation whereof this Oath is superadded doth remaine inuiolable and indispensable and by the Popes authoritie cannot any way be dissolued or diminished but that his Subiects although they might by the Popes authoritie bee absolued from the sacred bond of their Allegiance as it is confirmed by Oath are neuerthelesse by the Law of God and Nature obliged to beare faith and true Allegiance to his Maiestie and that therein the Pope hath no authoritie to dispense 6. And although wee should for Disputation sake admit that it were the meaning of this Clause that the Pope hath no authoritie to absolue the swearer so much as from the Sacred bond of this Oath or any part thereof or which is all one from any of these three things promised in the third Branch only with this reduplication as they are sworne or confirmed by Oath of which nice subtiltie his Maiestie and the Parliament by all likelihood little dreamed yet any man may with great reason thinke and in conscience be resolued that the Pope hath no such authoritie for that according to the common doctrine of Diuines the Pope hath not power to absolue from Oaths when the absoluing from them tendeth to the temporall preiudice of a third person vnlesse either directly or indirectly hee hath power to dispose of the temporall goods of that person For hee hath not power saith Sotus Aragona and Sayrus Scotus lib. 8. de Instit q. 1. art 9. Aragona 2. 2. q. 89. art 9. Sayrus lib. 5. Thesauri cap. 8. num 4. to release an Oath which one hath made to another man to pay him that debt which he oweth him because he hath not power to take from another man that which is his owne and therefore he can not doe him wrong in releasing the Oath which was made vnto him Wherefore this difference is betweene Vowes and Oaths that in changing and dispencing of Vowes that only must be regarded which is more pleasing to God but in releasing of Oaths great caution must be vsed that no wrong be done to a third person 7. And this is farre more euident in the doctaine of Saint Thomas S. Thom. 2. 2. qu. 89. art 9. whom the greatest part of Diuines doe herein follow who houldeth that the Pope cannot dispence in Oaths by releasing directly the sacred obligation of the Oath for that this obligation is de iure naturae wherein the Pope cannot dispence but only by declaring that the thing promised by Oath which before was a fit thing to bee sworne and therefore by vertue of the Oath to be performed so long as it remayneth so is now by reason of some particular accident or circumstance become vnlawfull hurtful or an hinderance of greater good and therefore now no fit matter to be sworne nor by vertue of the Oath to be now any longer performed From whence it plainely followeth that the Pope cannot absolue from this Oath of Allegiance vnlesse hee hath power to declare that temporall Allegiance which Subiects by the Law of God and Nature owe to their lawfull Prince so long as he remaineth Prince be vnlawfull hurtfull or an hinderance of greater good which he cannot in any wise declare vnlesse hee hath power to make a King no King For consequently hee should also declare that God and Nature commanding Subiects to beare true faith and Allegiance to their lawfull Prince should enioyne them an vnlawfull or hurtfull thing or which is an hinderance of greater good which is impossible And so in this Clause there is no more difficultie concerning this point of the Popes authoritie not to absolue from this Oath of Allegiance or any part thereof then is in the former clauses wherein the Popes authoritie to depose Kings and to absolue Subiects from their naturall allegiance is denyed 8. Lastly by those words nor any person whatsoeuer is not vnderstood the Kings Maiestie Both for that in the Lawes of this Realme the Kings Maiestie is not vnderstood by the name of person or persons when the matter is odious also as in no penal law the Prince or Law-maker himselfe is included vnder any generall word because he is not subiect to such laws according to that principle of the law Princeps legibus solutus est The Prince is free from lawes Leg Princeps ff de Legibus so also when it is said in the Law that no person whatsoeuer hath power to dispence in that law or to change or alter that Law the Law-maker himselfe who is aboue the Law is not comprehended vnder those generall words yea and as well obserueth Salas and Sa both Iesuites In a generall speech the person who speaketh is vnderstood to bee excepted Salas disp 21. de Legibus sec 3. regula 22. Emanuel Sa verbo Interpretatio nu 14. 9. And although we should admit that the Kings Maiestie were included in those wordes nor any person whatsoeuer yet this clause would neuerthelesse be very true And the reason is for that albeit his Maiestie hath power to dispence with his subiects that they shall not take this Oath which is not the meaning of this Clause yet he hath not power to absolue them from this Oath or any part thereof after they haue once taken it which is the true sense meaning of this Branch First for that to dispence or absolue from Oaths taking those words to dispence or absolue according to their proper signification and as they are taken commonly by Diuines doth belong onely to spirituall and not to temporall power Wherefore the Diuines make a great difference betweene absoluing or dispencing in Oathes or Vowes and releasing or annulling the same and they affirme that to release or annull an Oath or Vow a temporall power yea and sometimes priuate authoritie may suffice as Parents may release and annull the oathes and vowes of their children but to absolue or dispence in an Oath or Vow a spirituall authoritie and iurisdiction is necessarily required But secondly and principally for that his Maiestie hath not power to release his subiects from their temporall and naturall allegiance vnlesse he will cease to be their Prince because temporall allegiance is by the law of
now in controuersie did not consider some Reason Law or Decree which hath great force against their opinion but contrariwise that the later Doctors being conuinced with that Reason Law or Decree doe now defend the contrarie opinion If therfore a learned man seeing that Law or Decree or considering that new reason doth defend the opinion of the later Writers against the ancient hee cannot follow in practice the opinion of the ancient Writers against his owne opinion or which is all one by reason of their authoritie and approbation because the opinion of the ancient who haue not seene or considered that Decree or Reason ought not now to be accounted probable And therefore Widdrington defining probable to bee that which is approued by learned and skilfull men for the better vnderstanding and explication of the last words he added who haue seene and examined the difficultie for if they haue not seene and considered that particular difficultie and controuersie they cannot bee accounted learned and skilfull therein 11. Now the particular difficulty and controuersie concerning this point and which those Popes and Doctours mentioned in the obiection did not consider and examine is whether supposing it to bee now a controuersie and to be apptooued by learned Catholikes that the Pope hath no authoritie to depriue Princes it be not open iniustice in the Pope to depriue Princes of their Kingdomes and Dominions which they really and bona fide doe possesse And therefore vnlesse it can bee conuinced that it is not at this day a controuersie among learned Catholikes whether the Pope hath authoritie to depriue which is as hard a matter as to proue that the Sunne doth not giue light at noone daies or else that it is lawfull vpon a doubtfull vncertaine controuersed probable power or title to thrust by violence any man out of that which heeactually and bona fide possesseth the practice of deposing Princes vnder pretence of the probability of the Popes power to depriue Princes cannot bee accounted probable to any learned man so much as to excuse him in conscience and in the sight of God from formall sinne and iniustice 12. But to conclude with this Obseruation which I wish you Deare Countremen diligently to consider That howsoeuer any Subiect concurring in practice with the Pope to the deposing of his lawfull Soueraigue Prince may vnder pretence of some probabilitie of the doctrine to depose Princes by the Popes authoritie perswade himselfe that hee is excused from sinne and formall Treason in his conscience and before the sight of God wherewith Princes not knowing the secrets of mens hearts but leauing them to the iudgement of God doe not intermeddle in their Tribunals yet considering these two things The first that it is most certayne and out of all controuersie that hee is excused in conscience and before the sight of God from all sinne and offence in defending his lawfull Prince who is in possession and in resisting such inuasions and depositions which are grounded only vpon a probable power and title whereas hee cannot with any reason assuredly perswade himselfe that hee is secure in conscience by taking part with the Pope against his Prince who is in possession of his Crowne The Second that it is also most certaine and out of all controuersie that hee may iustly in taking the Popes part against his Prince being inuaded and depriued vnder pretence of a probable power and title although in very deed the power and title were neuer so probable bee accused and condemned both in the Secular and also Ecclesiasticall Court of the Prince inuaded of open and manifest Treason and as a manifest Traitour be deseruedly put to death for that it is open iniustice in the Pope saith the Authour of the Prelate and the Prince to depriue a Prince of his Kingdome to which hee hath probable right and withall possession and consequently it is open Treason in the Subiect to take part with the Pope in that case against his rightfull Prince These two things I say being duly considered I thinke those Subiects to bee starke mad and senslesse and to haue neither the feare of God nor Man before their eyes that can be drawne to approue such damnable practices and consequently neither the doctrine grounds and principles thereof or to concurre with the Pope to the deposing and dispossessing of their Soueraigne Prince vnder pretence of a power title and clayme which euen in speculation and abstracting from practice can bee at the most but probable And so recommending to your prudent considerations this my serious and sincere aduertisement I make an end and request you euer to haue in minde that which I said in the beginning and cannot too often repeate Feare God Honour the King Render to God and Caesar and consequently to Popes and Princes that which is their due 1. Pet. 2. Mat. 22. A Copie of the Oath of Allegiance or the First Article which the Lower House of Parliament wherein of 200. Deputies for the Third Estates were but sixe Protestants propounded to the French King to haue established for a fundamentall Law in the generall Assembly of the three Estates holden at Paris in the yeere 1614. The First Article of the Third Estates taken out of a Booke intituled Apologie de l'Article primier du Tiers Estat pag. 4. THat to stay the course of that pernitious dostrine which some years since hath been broached against Kings and Souereigne powers established by God by seditious spirits who attend only to disturbe and subuert the same Supplication may bee made to the King that hee will cause to bee decreed in the Assemblie of these Estates for a fundamentall Law of the Realme That for as much as hee is acknowledged Soueraigne in his Estate nor houlding his Crowne but from God alone There is not any power on Earth whatsoeuer it be Spirituall or Temporall which hath any right ouer his Kingdome to depriue the sacred persons of our Kings nor to dispence or absolue for any cause or pretence whatsoeuer their Subiects from the Allegiance and obedience which they owe to them That all the Subiects of what qualitie or condition soeuer they be shall hould this Law for holy and true as agreeable to the Word of God without distinction equiuocation or limitation whatsoeuer Which shall be sworne and signed by all the Deputies of the Estates and from henceforth by all that haue Benefices or offices in the Kingdome before they enter into possession of their Benefices and bee admitted into their Offices That all Masters Regents Doctors and Preachers shall bee bound to teach and publish that the contrarie opinion to wit that it is lawfull to kill and depose our Kings to rise vp and rebell against them to shake of the yoake of their obedience for any occasion whatsoeuer is impious detestable and contrarie to truth and against the establishment of the State of France which dependeth immediatly on none but God That all Bookes which doe teach
crying out to them to take heede be not only partakers of their spirituall harme but doe also cooperate to their temporall ruine and so haue cause to rue your silence and to cry out your selues when it is too late Vae mihi quia tacui Woe is mee because I haue held my peace Isa 6. But if perchance any of you who in your consciences thinke the Oath to be lawfull should for some worldly respect which God forbid cry out against the takers or approouers thereof this were not only to sin most damnably against your owne consciences but also in some sort against the Holy Ghost and to impugne that which in your soules and consciences you thinke and acknowledge to bee true which how hardly it is forgiuen either in this World or the next Mat. 12. our Sauiour himselfe doth expresly witnesse 4. Lastly those Priests that in their consciences thinke the Oath to be vnlawfull and thereupon do not only giue warning to those whom they haue taken vpon them to guide and direct to take heede and beware of the spirituall danger which they thinke will arise by taking the same but also in their zeale do cry out against their Catholike Brethren who either doe take the Oath or thinke it to be lawfull as Apostates from the Catholike Faith and Religion and disobedient children to the Pope and Church giuing the like occasion to others to cry out against them as Apostates from their naturall Allegiance and disobedient disloyall Subiects to their temporall Prince it behoueth them most of all to looke to themselues and according to the admonition which Card. Bellarmine vpon occasion of relating the fearefull death of Pope Innocentius the III. giueth to Prelates and Pastours Bellar. de geâ—…itu columbae lib. 2. cap. 9. to examine all the secrets of their consciences most exactly lest perchance it bee erroneous albeit to them it seeme to be sound iust and that their zeale albeit to them selues seeme pure and according to knowledge bee not blind and grounded vpon wilfull or culpable ignorance like that which the Iewes had in crucifying our Sauiour and Saint Paul when he was Saul in persecuting his Disciples who thought thereby to doe God great seruice 5. And truly if their Zeale were hurtfull to none but to themselues they would doubtlesse be the more excusable but considering how preiudiciall it is both to his Maiesties honour and also to his temporall Soueraigntie how scandalous it is to Catholicke Religion and how iniurious it is to their Catholike brethren not inferiour to themselues in vertue and learning whom they seeke to disgrace and to make odious to all Catholickes epecially to their benefactors and friends and so by taking from them their good names and maintenance to bring them into extreame want and miserie and as much as in them lyeth into manifest desperation for which they are one day to render a most strict account they haue great cause to examine their consciences narrowly and carefully to consider vpon what assured grounds they can excuse themselues at the dreadfull day of Iudgement for taking such scandalous iniurious and vncharitable courses both against their Soueraigne Prince whom next vnder God they are bound to honour and obey in temporals and also against their Catholicke brethren who not onely are as learned and religious as themselues but also haue examined this important controuersie and all the danger both spirituall and temporall that dependeth thereon as diligently if not farre more then they themselues haue done 6. To the end therefore that all of you my deare Countrimen may examine your consciences in this poynt of the Oath more easily and eactly and be more fully instructed therein then you haue beene by I. E. the Authour of the Prelate and the Prince who if the common rumour bee true will heare shortly with shame enough what goodly Instructions he hath giuen you I haue out of Roger Widdringtons expresse doctrine and grounds collected this little Treatise which for that it was finished this first day of the yeare I am bould to present it to your Charities for a New-yeares-gift as a small token of the great desire I haue both of your spirituall and temporall welfare And my onely request is that you will bee pleased to read it as I hope you will it beeing neither so prolixe but that in some few houres you may mane it ouer nor so obscure but that any man of meane capacitie may vnderstand it and after you haue read it to iudge thereof accordingly And if I shall heare that you haue reaped any benefit thereby I shall thinke my paines exceeding well bestowed but howsoeuer I shall not thinke my labour lost by giuing you this euident token of my loue for that the loue and dutie I owe to my Prince and Countrie to the Catholicke Religion and to you my deare Catholick brethren and aboue all to God Almightie the Author of all truth yea truth it selfe and who will in due time render to euerie man according to his workes Rom. 2. hath for the defence of a necessarie truth moued mee to take this paines And so with my best wishes I bid you heartily farewell hoping that you will bee wise and not be transported with a blind and intemperate zeale towards Prince or Prelate but that you will bee carefull to feare God to honour the King and without all partialitie to render to God and Caesar and consequently to Popes and Princes that which is their due A Copie of the new Oath of Allegiance deuided into eight Branches as it is in this Treatise explayned 1. I A.B. doe truely and sincerely acknowledge professe testifie and declare in my conscience before God and the World That our Soueraigne Lord King Iames is lawfull and rightfull King of this Realme and of all other his Maiesties Dominions and Countries 2. And that the Pope neither of himselfe nor by any authoritie of the Church or See of Rome or by any other meanes which any other hath any Power or Authoritie to depose the King or to dispose any of his Maiesties Kingdomes or Dominions or to authorize any forraigne Prince to inuade or annoy Him or his Countries or to discharge any of his Subiects of their Allegiance and Obedience to his Maiestie or to giue license or leaue to any of them to beare Armes rayse Tumults or to offer any Violence or hurt to his Maisties Royall Person State or Gouernment or to any of his Maiesties Subiects within his Maiesties Dominions 3. Also I doe sweare from my heart that notwithstanding any Declaration or Sentence of Excommunication or Depriuation made or granted or to be made or granted by the Pope or his Successours or by any Authoritie deriued or to be deriued from him or his See against the said King his Heires or Successours or any absolution of the said Subiects from their Obedience I will beare Faith and true Allegiance to his Maiestie his Heires and
applyed because in the beginning or Preface of euery Law is vsually contayned the finall end cause and reason which chiefly moueth the Law-maker and which is morally a sure meanes to finde out his will and meaning and by which the ambiguitie of any word or sentence is chiefly to be determined And finally we must alwaies if there be no other let interprete the words of the Law when they are doubtfull in the more milde and fauourable sense especially if the matter be odious and penall aeccording to those approued rules of the Law Benignius leges c. Leg. Benignius ff de legibus De regulis Iuris in Sexin Laws are to be interpreted in the more fauourable sense c. And it is meete that odious things be restrayned and fauours bee enlarged Yea and if the words of the Law being taken in their proper signification should argue any iniustice or like absurditie to bee in the minde of the Law-maker they must bee drawne to a sense although improper wherein the Laew may bee iust and reasonable because this is presumed to bee the will of the Law-maker as it hath beene declared by many Lawes in ff tit de Legibus Nam in ambigua voce c. Leg. in ambigua ff de legibus For in a doubtfull word of the Law saith the Law that sense is rather to bee chosen which is voide of all default especially seeing that the will also of the Law-maker may hereby be gathered because it ought not to be persumed that the Law-maker did intend to command any absurd or inconuenient thing Thus Suarez What blame then doe they deserue who seeke to wrest the wordes of this Oath to a sense which they account to bee most false and absurd with so great preiudice to the soules and temporall States of English Catholikes and with no lesse irreuerence to his Maiestie and the State whom next vnder God they are bound to honor and obey in all temporall affaires whereas they may expound the words according to their proper and vsuall signification in a true conuenient and fauorable sense as the Reader may see beneath 5. Thirdly to know the end and reason of this Oath and of the makers thereof it is to bee obserued that the Parliamēt in the very beginning of this Act to which according to Suarez we must if there be no other let apply all that followeth did expresly set downe the cause end and reason for which this new Oath was deuised to wit to make a better tryall how His Maiesties subiects stand affected in point of their loyaltie and due obedience For His Maiestie and the State perceiuing that the Powder-Traytors who were all of them Romane Catholikes did ground as it doth appeare by their confessions their barbarous and deuillish plot chiefly vpon the Popes power to take away the Crownes and liues from temporall Princes in order to spirituall good and knowing with all that many other Roman Catholikes did from their hearts detest and abhorre such trayterous and diabolicall practises and the wicked grounds thereof thought it needfull for the better discouering and repressing of such bloudie Assasinates and their disciples to deuise such an Oath wherein true temporall Allegiance due to all temporall Princes of what Religion soeuer should bee demanded and no true spirituall obedience due to the Pope or other spirituall Pastours should be denyed and yet the wicked principles of that most damnable Conspiracie should bee detected and abiured And the substance of this new Oath they did take from the Protestation of those thirteene Catholike Priests as the Lord Archbishop of Canterburie Doctor Bancroft told a deare friend of mine only vsing another forme of words and expressing some things concerning the Popes pretended authoritie which in their Protestation are not expressed but only supposed implyed and virtually contayned for in effect and substance they little differ as partly you haue seen aboue and more fully shall perceiue when you haue seene all the branches of the Oath explayned In his Premonition pag. 9. in hir Apologie for the Oath pag. 2. pag. 9. 6. And not only the Parliament hath set downe the end and reason of this new Oath but also His Maiestie Himselfe hath often by publike Writings in expresse words declared that He intended to exact in this Oath nothing else of His Subiects then a profession of that temporall Allegiance and ciuill Obedience which all subiects what Religion soeuer they professe by the Law of God and Nature do owe to their lawfull Prince with a promise to resist and disclose all contrarie vnciuill violence and to make a true distinction not betwixt Catholikes and Protestants but betwixt ciuilly obedient Catholikes and such Catholikes as are the Disciples of the Powder-Treason Whereupon hee caused the lower house of Parliament who at first would haue had the Oath to contayne the denyall of the Popes power to excommunicate him to reforme that clause So carefull was He that nothing should be contayned in this Oath except the profession of naturall Allegiance and ciuill and temporall obedience He said in this Oath for as the Oath of Supremacie saith His Maiestie was deuised for putting a difference betweene Papists and them of our professions so was this Oath ordayned for making a difference betweene the ciuilly obedient Papists and the peruerse disciples of the Powder-Treason And againe This Oath saith His Maiestie was ordayned only for making a true distinction betweene Papists of quiet disposition and in all other things good subiects and such other Papists as in their harts maintayned the like violent bloudie maximes that the Powder-Traytours did The same also but in more ample wordes affirmeth His Maiestie in His Apologie for the Oath 7. Wherefore we must distinguish betwixt the vnderstanding beliefe or perswasion of His Maiestie and His will intent or meaning as Hee is a Law-maker For albeit His Maiestie should beleeue and be fully perswaded that the Pope is not the Supreme Head of the whole Church and consequently that he hath not by the institution of Christ any power to excommunicate him yet his will and meaning is not that His subiects shal in this Oath professe the same or renounce any spirituall obedience due to the Pope which euery Catholike according to the grounds of true Catholike Religion is bound to acknowledge but only that they make a profession of that temporall Allegiance and ciuill obedience which all subiects of what Religion soeuer do owe to their lawfull Prince From whence it cleerly followeth that albeit there were in this Oath some ambiguous or doubtfull sentence as there is not which might be applyed as well to the denying of that spirituall obedience which according to the grounds of Catholike Religion is due to the Pope and other spirituall Pastours as to the professing of that temporall Allegiance which is due to temporall Princes we ought to interprete the words in that sense wherein according to the will minde and end
of the Law and declaration of the Law-maker only temporall Allegiance is demanded for that by the end and reason of the Law the ambiguitie of the words saith Suarez Suarez lib. 6. de Legibus cap. 1. nu 19. is chiefly to be determined and it is morally a sure meanes to finde out the will and intention of the Law-maker especially that reason which is expressed in the Law for then the reason of the Law is in some sort a part thereof because it is contayned and supposed therein 8. Fourthly it is to bee obserued that albeit English Catholikes might at the first before they examined particularly the end reason matter and contents of this new Oath iustly suspect it to be vnlawfull and to contayne in it more then temporall Allegiance and that His Maiestie and the Parliament vnder pretence of demanding that temporall Allegiance which by the Law of God and Nature is due to all temporall Princes did intend to haue couertly at leastwise abiured some spirituall obedience which by the institution of Christ is due to spirituall Pastours both for that it is a new vncouth and vnwonted Oath of Allegiance and expresly denyeth the Popes authoritie to depose wherewith other Christian Princes in the ordinarie Oaths of Allegiance which they demand of their subiects doe not in plaine and expresse termes intermeddle and also for that it was deuised by those who are opposite to the Catholike Romane Religion yet this bare suspicion can bee no sufficient cause ground or motiue to condemne it as likewise no man vpon a bare suspicion is to be condemned but only to haue it examined and if after due examination it be found faulty to reiect it if otherwise to approue it But doubtlesse whosoeuer will sincerely and with a pure desire to find out the truth and to yeeld without all partialitie as wel to Kings as to Popes that which is their due examine the occasion end matter and contents of this new and vnwonted Oath will quickly finde that it is condemned by some vpon a bare and naked suspicion and without due examination by others vpon a blind and inconsiderate zeale to the See Apostolike not regarding in like manner the dutie which by the Law of God they owe to their temporall Prince and by all that thinke it vnlawfull without sufficient ground 9. For the occasion of this vnwonted Oath was that vnwonted barbarous Powder-plot of certaine Catholikes who pretended to iustifie their neuer heard of Barbarisme vnder the colour of Religion and the Popes authoritie to dispose of the Crownes and liues of temporall Princes in order to spirituall good and so no maruell that to preuent the like vnwonted crueltie was deuised this vnwonted remedie And albeit the inuenters of this Oath are opposite to the Catholike Romane Religion and are fully perswaded that the Pope by the Law of God hath no authoritie ouer this Kingdome so much as in spiritualls yet there meaning was not as you haue seene aboue to meddle in this Oath with that spirituall authoritie which is granted him by all Catholikes but only to demand a profession of that temporall Allegiance which all the Subiects of this Land of what Religion soeuer they be doe owe to their temporall Prince and not to the Pope 10. And therefore which is carefully to bee obserued this Oath doth not meddle positiuely with the Popes authoritie for that it doth not belong to temporall Princes to declare what authoritie the Pope hath but it medleth positiuely with the Kings temporall Soueraigntie and negatiuely with the Popes authoritie and it doth not declare ◅ what authoritie the Pope hath but only what authoritie hee hath not And what man I pray you can bee so blinde as not to see that whosoeuer expresly affirmeth King Iames to bee his true and rightfull King and Soueraigne in temporalls and to haue ouer him and his other Subiects all Kingly Power Authority and Iurisdiction doth consequently and vertually deny the same of the Pope Wherefore if wee well examine the matter and contents of this vnwonted Oath wee shall find that His Maiestie and the State doe herein deny no other authoritie of the Pope expresly and by name then which not only in the Protestation of those thirteene Catholike Priests but also in all other vsuall Oaths of Allegiance which absolute Princes are wont to demand of their Subiects is vertually couertly and in effect implyed For whosoeuer sincerely and from his heart acknowlegeth any Prince to be his only rightfull King and Soueraigne in temporals which all absolute Princes in their vsuall Oaths of Allegiance demand of their Subjects hee must vertually acknowledge that the Pope is not his Soueraigne Lord in temporals and consequently that he hath no authoritie ouer his Prince or him in temporals and therefore neither to depose his Prince or to dispose of His temporall Dominions for that these are tēporal things for what end cause crime or pretext soeuer either spirituall or temporall they be done 11. Fiftly to know vpon what assured grounds the Popes authoritie to depose Princes or to attempt and practise their deposition is by Catholikes denyed in this Oath it is to be obserued that as Leonardus Lessius a famous Iesuite noteth very well Lessius in his Singleton part 2. nu 38. a power which is not altogether certaine but probable cannot be a sufficient ground or title whereby immediately any man may bee punished or depriued of that right dominion or any other thing which he actually possesseth but such a power or title must bee most certaine and without all doubt or controuersie Wherefore neither can the Pope nor any other Prince without manifest iniustice inuade the Kingdome of another Prince make warre against him or seeke to depose or dispossesse him vpon a probable vncertaine or controuersed title For certes saith the Authour of the Prelate and the Prince and who is knowne to bee a famous Doctor and Professor of Diuinity though masked vnder the name of I. E. Cap. 11. pag. 235. as it is iniustice to put one out of his land or house who hath probable right and and withall possession because poti◅r est conditio 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 and withall possession And this also is the receiued doctrine of all Diuines and Lawyers Victoria in Relect de ture belli nu 29. seq Vasquez 1. 2. disp 64. cap. 3. Gregorius de Valentia 2. 2. and Pope Adrian with many others cited by Valentia and grounded in the light of naturall reason and declared by the approued rules of the Law that no man can bee iustly inuaded or be put out of his possession vpon an vncertaine or controuersed title because In causa dubia siue incerta potior est conditio possidentis In a doubtfull or disputable cause the condition of the
possessor is to bee preferred and Cum sunt iura partium obscura fauendum est reo potius quam Actori When the rights or titles of the parties that are in suite are obscure or not cleere the Defendant is rather to be fauoured then the Plaintiffe And this is the first assured ground and principle for which the doctrine of deposing Princes by the Popes authoritie may not only be barely and simply denyed as it is in the second clause of the Oath by force only of the words but also bee abhorred detested and abiured as impious damnable most cleerly repugnant to the Word of God and in that sense hereticall as it is in the fourth clause The second manifest principle is that it is a controuersie among learned Catholikes and approued by many and therefore truely probable that the Pope hath no authority to depriue Princes of their Regall Power and Authoritie 12. For the better cleering whereof it is to be obserued sixtly that as Ioannes Azorius a famous Iesuite expresly affirmeth Azor. tom 2. lib. 11. c. 5. q. 8. it hath euer beene a great controuersie betwixt Emperours and Kings on the one side and the Bishops of Rome on the other whether in some certaine cases the Pope hath a right and power to depriue Kings of their Kingdome For some Kings haue oftentimes yea since the time of the great Lateran Councell contended with Popes about this matter saying that they haue their Kingdome from God and not from the Pope and that in those things which are ciuill and temporall the power of Kings is supreme and absolute and that herein Kings are not subiect to the Pope although in sacred Ecclesiasticall and spirituall things the Pontificall power is supreme and that herein Kings and Princes are subiect to Popes as children to their Fathers and sheepe to their Pastours c. And many complayned that Gregorie the seuenth did excommunicate Henry the fourth and depriue him of the administration of his Kingdom Thus Azor. And it is a controuersie among the Schoolemen saith Ioannes Trithemius Trithemius in Chron. Hirsaug ad annum 1106. and as yet it is not decided by the Iudge whether the Pope hath power to depose the Emperour or no. And the Ecclesiasticall power saith Iacobus Almainus Almain de dâ—minio natur ciu Eccles in probat 2. conclus a famous Doctor of Paris and whom Azor relateth Azor. tom 1. lib. 2. cap. 14. among Classicall Doctors cannot by the institution of God inflict any ciuill punishment as are death exile priuation of goods much lesse of Kingdomes c. Nay nor so much as imprison vt plerisque Doctoribus placet as is the opinion of most or of very many Doctors but it is extended only to a spirituall punishment as is Excommunication and the other punishments which she vseth doe proceed from the pure positiue Law or as Gerson speaketh Gerson de potest Eccles considerat 4. from the grant of Princes And the libertie of the Church of France saith Petrus Pithaeus Pithaeus in Cod. libert Eccles Gallicanae printed at Paris by authoritie of the Parliament in the yeere 1594. whom Antonius Posseuinus the Iesuite commendeth for a man truely learned and a diligent searcher of Antiquitie Posseuinus in verbo Petrus Pithaeus is grounded in this principle which France hath euer held for certaine that the Pope hath not power to depriue the French King of his Kingdome or in any other manner to dispose thereof And that notwithstanding any whatsoeuer Monitions or Monitories Excommunications or Interdicts which by the Pope can bee made yet the subiects are bound to yeeld obedience due to the King for temporals neither therein can they be dispenced or absolued by the Pope Which position is in very deed the whole substance both of our new Oath and also of the late Oath of France which the lower house of Parliament would haue had established for a fundamentall law 13. And to omit now many other learned Catholikes cited by Widdrington Widdrington in his Answere to Fitzherb part 1. that it is a controuersie among Catholikes and approued by many and therefore truly probable that the Pope hath no authoritie to depose Princes it is so manifest that no learned man vnlesse hee will bee shamefully impudent can denie it and the publike Writings of learned Catholikes on both sides See beneath in the end of this Treatise the Oath of FraÌ„ce the condemnation of Suarez and Bell. Booke and a decree of the Parliament of Paris touching the doctrine of the Popes power to depose the proceedings of the Parliament of Paris against the Bookes of Cardinall Bellarmine of Schulckenius and of Suarez the propounding of the aforenamed Oath by the lower house of Parliament wherein of two hundred Knights and Burgesses there were but fix Protestants besides the complaint of some Doctors of Paris to the Colledge of Sorbon against the Controuersia Anglicana of Becanus and infinite other testimonies of learned men of our owne Nation not only of those who haue taken the Oath or thinke it to be lawfull but also of many others doe most cleerly conuince the same In so much that Cardinall Peron Card. Peron in his speech to the lower house of Parliament compelled by so manifest a truth doth plainly confesse the same and thereupon acknowledgeth that the Pope himselfe doth in France tolerate those Catholikes that hold against him in this point tolerate I say not as publike Vsurers Harlots or other notorious sinners are in some Countries permitted but by admitting them to Sacraments which neither the Pope nor the Prelates of France could lawfully doe if for holding that doctrine those Frenchmen were to bee condemned of Heresie Errour Temeritie or any other damnable sinne So that it is most cleere manifest to any man of iudgment that it is a great controuersie among learned Catholikes and that it is approued by many of them and therefore truly probable that the Pope hath no authoritie to depose or depriue Soueraigne Princes See also the Authour of the Potestants Apologie for the Roman Church in his Preface from Sect. 19. to the end where you may see his dislike of this doctrine for the Popes authoritie to depose Princes and taxeth them who ouercharge the supreme Pastour with incompetent attributes of Authoritie in temporals and in his owne authentical Manuscript he more particularly and expresly shewed that the Pope hath no Authority in temporals either directly or indirectly which last words it pleased those who had commission to print his Booke to leaue out whereof he greatly complained to a friend of mine And likewise for the dislike which this learned Authour shewed in his Preface of this authoritie of the Pope to dispose of temporals it pleased the Authour who translated his Booke into Latine to leaue out the Preface altogether which neuerthelesse is a chiefe part of his Booke and it deserued to bee put in Latine as much if not
denyed the Popes authoritie to command in temporals in order to spirituall good or to declare that they who haue authoritie to depose or to make warre are bound to vse their temporall authoritie and to draw forth the temporall Sword when the necessitie of the Church and the spirituall good of soules shall require the same for this authoritie of declare and command doth not exceede the limits of spirituall power as Widdrington hath shewed at large heretofore Widdr. in Apol nu ◅ and in all his other Bookes very often but especially in his Answere to Fitz-herb But here is only denyed the Popes authoritie to depose temporall Princes to dispose of their temporals to vse or draw forth the temporall Sword or to authorize temporall Princes or subiects to vse or draw forth the same for whosoeuer giueth authoritie to another man to vse the temporall Sword hath authoritie to vse it himselfe although sometimes for want of strength or some other necessarie Instrument hee cannot vse it himselfe yet still he hath authoritie to vse it 7. And although a Commander which I wish the Reader to obserue for the Author of the Prelate and the Prince is commmonly said to doe that thing which is done by his Commandement and so hee that counsaileth consenteth or any way concurreth although per accidens and not by any proper vertue or influxe of his owne is said to doe that thing as hee that applyeth fire to straw or commandeth counsaileth yea or doth not hinder the applying thereof when hee is bound to hinder it is said to burne the straw although hee bee no true and proper efficient cause of the burning thereof but only a cause per accidens yet a Commander is not said to doe that which hee commandeth as a true and proper cause or as hauing authoritie to doe that thing which hee commandeth whereof this Branch of the Oath doth only speake but only as a cause per accidens which according to the doctrine of all Philosophers is no true and proper efficient cause vnlesse by his proper power vertue influxe or authoritie hee concurre to the doing thereof and that the person commanded hath his power vertue or authoritie to doe that thing deriued from the Commander or depending on him 8. For which cause a Painter who commandeth his Seruant to make a Picture and giueth him rules and directions how to mingle his Colours and afterwards to apply them which without the directions of his Master hee himselfe could not doe is the principall cause and agent of making that Picture and the Seruant is only his Instrument or Minister for that all the Arte hee hath to make that picture is deriued from the commaundement and directions of the Painter and depending on him and yet a King who hath no skill to paint and commaundeth the Painter to make a picture is no true and proper efficient cause of making that picture but onely a cause per accidens by morally applying the Painter that hath skill to vse the same So likewise a Prince who commandeth his Officers to condemne and put to death an egregious malefactour is the principall cause of his death and the Officers are onely his Instruments Ministers and Executioners for that all the authoritie which they haue to condemne and kill that malefactour is deriued from the Prince and depending on him because onely the Prince doth authorize or giue them authoritie to pronounce and execute that sentence And yet the Pope commaunding a Prince to vse his temporall sword power or authoritie when the necessitie of the Church shall require the same as to make warre inuade any Countrey or to put any egregious malefactor to death is onely a cause per accidens of that warre c. by applying morally to wit by his commandement the person who hath authoritie to make warre c. to the making thereof But the Pope is no true and proper cause of that warre c. neither can hee bee said to make that warre as hauing authoritie to make it or as authorizing or giuing authority leaue or licence whereof onely this branch maketh mention to the Prince to make that warre c. Neyther is the Prince in making that warre c. the Popes Instrument Minister or Executioner as the Author of the Prelate and the the Prince absurdly affirmeth for that he hath not his authoritie to make warre c. deriued from the Popes commandement or depending on it whereas according to the doctrine of all Philosophers it is necessary to an Instrument that it haue all it vertue to worke deriued from the principall Agent or depending on it but all the authoritie which temporal Princes or Common-wealths haue in temporall affaires is deriued from the law of Nations or Nature and not from the Popes authoritie or commandement 9. By which it is apparant how grosly the said Author of the Prelate and the Prince in excepting against this Branch was mistaken for not considering the difference betweene a Commander who hath onely authoritie to command but not to execute or doe that which hee commandeth to be done and a Commander who hath authoritie both to commaund and also to execute or doe that which he commandeth to be done although perchance he cannot effect it for want of strength or effectuall meanes but not for want of authoritie as euerie lawfull Prince hath sufficient authoritie to subdue his Rebels and yet hee cannot alwaies effect it not for want of authority but for want of strength force or effectuall meanes because his Rebels are more strong and potent then he is CHAP. III. The Third Branch of the Oath and an Explication thereof ALso I doe sweare from my heart that notwithstanding any Declaration or sentence of Excommunication or Depriuation made or granted or to be made or granted by the Pope or his Successours or by any Authoritie deriued or pretended to be deriued from him or his Sea against the said King his Heires or Successours or any absolution of the said subjects from their obedience I will beare faith and true allegiance to his Maiestie his Heires and Successours and him and them will defend to the vttermost of my power against all cōspiracies attempts whatsoeuer which shall be made against his or their Persons their Crowne and dignitie by reason or colour of any such sentence or declaration or otherwise and will doe my best endeuour to disclose and make knowne vnto his Maiestie his Heires Successors all Treasons Traiterous Conspiracies which I shall know or heare of to be against him or any of them 1. This Branch of the Oath is somewhat clearer then the former because it doth not expressely and in plaine tearmes deny the Popes Authoritie to depriue or depose Princes but it onely containeth in expresse words a promise which the Subiect confirmeth by Oath that if in case the Pope hath denounced or hereafter should denounce any sentence of Excommunication or Depriuation against the King his Heires
or Successours or any absolution of the said Subiects from their obedience yet he wil beare faith and true allegiance to his Maiestie his Heires and Successours and him and them will defend c. Neuerthelesse the lawfulnesse or iustice of this promissorie Oath supposeth for the principall ground thereof the veritie of the former assertorie Clause and therefore it implieth and vertually containeth a deniall of the Popes authoritie to depriue or depose Princes and to absolue Subiects froÌ„ their temporall allegiance for that whosoeuer doth sweare that notwithstanding any sentence of depriuation or absolution of subiects from their obedience made or hereafter to be made by the Pope or his Successours against his Maiestie his Heires or Successours to make this promise iust and lawfull he must consequently deny that the Pope hath Authoritie to depriue Princes or to absolue Subiects from their obedience as Suarez examining this Branch of the Oath doth most clearely demonstrate Suarez in Defens lib. 6. cap. 3. See Widdring against Fitzherbert part 1. cap. 5. For if the sentence of depriuation to be made at any time hereafter against the King his Heires or Successours for any manifest cause or crime whatsoeuer may be iust lawfull and effectuall it is as vnlawfull to take this clause as it is vnlawfull for one to sweare that he will not obey the Popes sentence and commandement which hereafter he shall impose be it neuer so inst and without all errour or default But if this sentence of depriuation at any time hereafter to be made can neuer be iust it must needs follow that the Pope hath no more authoritie to depriue or depose the King his Heires or Successours then he hath authoritie to commit open iniustice 2. Wherefore those thirteene Reuerend Priests who solemnly protested to Queene Elizabeth that notwithstanding any authoritie which words are farre more generall then notwithstanding any sentence of depriuation or any Excommunication either denounced or to be denounced against her Maiestie c. they would yeeld to her Maiestie all obedience in temporall causes would then haue made no difficultie to take this Branch of the Oath and consequently to free themselues from periurie they must also deny the Popes Authoritie to depriue and depose Princes for that the iustice of this Branch implieth supposeth as a chiefe ground thereof a deniall of the Popes authoritie to depriue and depose as Suarez doth most plainely conuince 3. First therefore in this Clause is not denied the Popes power to Excommunicate but onely that Excommunication being a spirituall censure doth not worke this temporall effect as to make Kings no Kings or to depriue them of their Royall right and Soueraigntie and consequently not to absolue Subiects from their naturall allegiance which according to the doctrine of Card. Bellarmine and Suarez they doe by the law of God and Nature owe to their lawfull Prince Bell. in Tract contra Barclaium cap. 21. pag. 202. Suarez in Defens c. lib. 6. cap. 3. nu 6. And thus much his Maiestie hath also in expresse words declared The truth is saith his Maiestie The Kings Maiestie in his Premonition c. pag. 9. that the Lower house of Parliament at the first framing of this Oath made it to containe that the Pope had no power to Excommunicate mee which I forced them to reforme onely making it to conclude that no Excommunication of the Popes can warrant my Subiects to practise against my Person or State denying the deposition of Kings to be in the Popes lawfull power as indeede I take any such temporall violence to be farre without the limits of such a spirituall censure as Excommunication is And also that depriuation or deposition from temporall kingdomes is not an effect of ExcommunicatioÌ„ Widdrington hath shewed at large heretofore and Becanus and Suarez doe also in expresse words affirme the same Widdrington in his Apologie nu 346. in his Answer to Suarez part 2. sect 4. and in his Answer to Fitzher part 3. cap. 1. FroÌ„ hence it is very apparaÌ„t saith Becanus Becanus in quest de fide haereticis seruanda ca. 8. nu 16. and in his Controuersia Anglic. cap. 3. qu. 2. that Heretikes by this precisely that they are excommunicated are not depriued of their Dominion or Iurisdiction either ouer their subiects or ouer their temporall goods but this depriuation is a destinct punishment and inflicted by a destinct law And againe It is one thing saith he to excommunicate a King and another thing to depose him or depriue him of his Kingdome neither is the one necessarily connected with the other Many Kings and Emperours haue beene excommunicated and yet not therefore deposed and contrariwise many deposed and yet not therefore excommunicated See also Suarez cited by Widdrington in his Apologie Suarez tom 5. disp 15. sect 6. nu 3. and in his answere to Suarez and Fitzherbert 4. And therefore in very truth I am sorie and doe in some sort pittie the Author of the Prelate and the Prince a man whom heretofoâ—e I haue much loued respected and honoured that he should so grosly forget himselfe as to bewray so palpably such great want of learning iudgement and sinceritie in affirming so boldly and without any proofe at all Pag. 298. that depriuation of Regall authoritie is an effect of excommunicating Kings and Princes and so in denying the effect the cause is denyed For as saith he if you should say A man is not risibilis that is hath not power to laugh you should deny him to be a man so in denying that the Pope can depriue Princes of their Kingdomes you deny in effect that he can excommunicate Whereas this Authour knew right well that Widdrington in that very Chapter which hee citeth did by the expresse doctrine of Suarez and Becanus but now related cleerely prooue against Lessius who vrged euen as nakedly and without any proofe at all the same obiection that depriuation is no effect at all of Excommunication much lesse proprium quarto modo as risibilis a power to laugh is to a man as this Authour most vnlearnedly affirmeth And yet forsooth he taketh vpon him as it may appeare by the very Title and Inscription of his Treatise to giue a full Instruction and appeasement to the consciences of English Catholikes concerning the Oath of Allegiance But this shall suffice at this present for an imperfect portraying of this Authours want of iudgement and sinceritie in his Explication of the Oath of Allegiance especially if wee consider his person the Office hee now beareth and the doctrine which in former times hee held for that as I am told his perfect Picture both in this and other points is alreadie drawne and will be set forth in liuely colours ere it be long 5. Secondly it is euident by the former Obseruations that those wordes Heires and Successours doe not signifie Vsurpers as some would wrest them contrarie to the meaning of the Law the
thereof 1. This Clause hath in it no more difficultie then is in the former seeing that it implieth supposeth and is grounded vpon the iustice and veritie of the Third and Second Branch First therefore by those wordes And I doe beleeue is not vnderstood a supernaturall beliefe but only a morall credulitie as the next wordes and in conscience am resolued which are an explication of the former doe sufficiently declare and the sense of them is that I doe thinke and am perswaded in my conscience that neither the Pope c. For it cannot with any reason be imagined that the words which are last added must diminish but rather increase or at least wise more fully declare the truth and veritie of the former wordes As for example it were vnaptly spoken to say that such a one is a man and also a liuing creature Princes may be murthered and also deposed by the Pope I doe most certainly beleeue so and also I doe thinke or am perswaded so 2. Secondly the meaning of this Clause is not to deny the Popes power to absolue or dispence in Oaths in generall but only in this Oath or any part thereof as the expresse wordes doe plainly signifie neither doth it follow that because the Pope cannot dispence in this Oath therefore hee cannot in other Oaths wherein there is not the like reason as of this or that because hee can dispense in other Oaths wherein there is not the like reason therefore hee can dispence in this 3. Thirdly neither is it the meaning of this Clause that if perchance any one should offend God by taking this Oath against his conscience thinking it to be vnlawfull the Pope hath not power to absolue him in the Sacrament of Penance from the guilt of sinne thereby committed but only the meaning is that the Pope hath not power to absolue or dispence with any man in this Oath or any part thereof that is to free release and discharge him from performing any of those things which in this Oath hee hath promised to performe or which is all one to giue him leaue or licence to do against that which in this Oath hee hath promised to doe or not to doe For all the parts and parcels of this Oath are either assertorie as that Our Soueraigne Lord King Iames is lawfull and rightfull King of this Realme c. and that the Pope hath not any power or authoritie to depose him c. or to authorize any forraigne Prince to inuade or annoy Him or His Countries or to discharge any of His subiects of their Allegiance c. and that from my heart I doe abhorre detest and abiure as impious and hereticall c. and no assertorie Oaths can bee dispenced withall neither hath the Pope any power or authoritie according to the receiued doctrine of all Diuines to absolue any man from the bond of these kind of Oaths So S. Thom. 2. 2. q. 89. ar 9. and all other Diuines And the reason is because the matter of an assertorie Oath being of an act present or past is now made altogether necessarie and irreuocable for that as soone as euer the Oath is made it is either true or false by reason of the truth or falshood of the act which now is past Wherefore seeing that it is impossible that the act which is past be not past so also it is impossible that the Popes Dispensation or Absolution can alter it or recall it for it is impossible that the act of swearing which is now or hath beene true be not now or hath not beene true Or else they are promissorie to wit wherein some thing is promised for the future time to bee done or not to be done And only these kinde of Oathes can bee dispenced withall For as well saith Saint Thomas S. Thom. 2. 2. q. 89. ar 7. with whome all other Diuines doe herein agree the bond of an Oath is referred to some thing which is to bee performed or omitted wherefore it doth not appertayne to an assertorie Oath which is of a thing present or past but only to a promissorie Oath 4. Now in this Oath of Allegiance only three things are promised by the swearer all which are contained in the third Branch to wit that notwithstanding any declaration or sentence of Excommunication or depriuation made or to bee made against the Kings Maiestie his Heires or Successors First he will beare faith and true allegiance to his Maiestie his Heires and Successors Secondly hee will defend them to the vttermost of his power against all Conspiracies c. and Thirdly he wil make known vnto them all Treasons trayterous Conspiracies which hee shall know or heare of to bee made against any of them Wherefore there is no more difficultie in this Clause then is in the third whereon this Clause is chiefely grounded And therefore it is most euident that the Pope hath no more authoritie to Absolue or dispence in any of these three things which the swearer promiseth then hee hath authoritie to depose the King and to make him no King for that it is most certaine as Cardinall Bellarmine him selfe confesseth Bell. in Tract contra Barclai cap. 21. pag. 202. that Subiects are bound by the Law of God to beare faith and true Allegiance which includeth the resisting and disclosing of all Treasons and Traiterous Conspiracies to their lawfull Prince so long as he remaineth Prince seeing that it is euident as well obserueth Suarez Suarez in Defens c. lib. 3. cap. 3 num 3. that the obligation of obedience in any degree or state whatsoeuer doth so long endure in the subiect as the dignitie or power and iurisdiction doth endure in the Superiour for these are corelatiues and the one dependeth on the other Therefore it is manifest that the Pope hath no more authoritie to absolue or dispense in this Oath or any part thereof to wit in those three things before mentioned then hee hath to make Kings no Kings and to depriue them of their Regall dignitie power and iurisdiction 5. Fourthly neither is it the meaning of this Clause that the Pope hath not any power to absolue the swearer from the promise which hee maketh to performe those three things mentioned in the third Branch only with this reduplication as it is sworne or confirmed by Oath or which is all one only from the sacred and religious bond of the Oath but the meaning is that the Pope hath not authoritie to absolue from this Oath or any part thereof for as much it concerneth the ciuill and naturall obligation of temporall Allegiance both for that when it is said that the Pope hath authoritie to absolue one from an Oath which he hath made to doe some certaine thing the meaning is according to the plaine and proper signification of the words the common Doctrine of all Diuines and the vsuall practices of Popes who when they absolue from any Oath they absolue from all
God and Nature due to him from his Subiects so long as he remayneth their Prince and therfore he cannot absolue discharge or release them from the Obligation of this Oath or any part thereof or which is all one he cannot giue them leaue not to beare faith and true allegiance to his Maiestie and consequently not to defend him to the vttermost of their power against all Treasons and trayterous conspiracies which shall be made against his Royall person Crowne and dignitie and not to doe their best endeauor to disclose and make them knowne vnto his Maiestie seeing that to performe all these things Subiects are bound by the law of God and Nature wherein no temporall or spirituall authoritie can dispence And therefore the Authour of the Protestants Apologie for the Roman Church trac 3. Sec. 5. doth very well affirme that all Catholikes are by all Lawes Diuine and Humane indissolubly obliged in the highest degree of all earthly Allegiance to his Maiestie that now is as to their true vndoubted lawfull Soueraigne liege Lord and King CHAP. VI. The Sixt Branch of the Oath and an Explication of the same WHich Oath I acknowledge by good and full authoritie to bee lawfully ministred vnto mee and doe renounce all pardons and dispensations to the contrarie 1. This Branch contayneth in it no difficultie at all if wee consider what hath beene said before to wit that in this Oath is onely demanded a sincere profession of true temporall allegiance and that no authoritie or obedience which is due to the Pope is denied therein And that to treat of the Popes authoritie not affirmatiuely what power he hath but affirmatiuely what authoritie in temporalls the Kings Maiestie hath ouer his Kingdome and Subiects and consequently what authoritie in temporalls the Pope hath not ouer the said kingdome and subiects and also that to exact of Subiects an Oath not onely of their temporall allegiance in generall but also of such allegiance in particular which his Maiestie and the State shall for prudent reasons motiues thinke to be necessarie for the preseruation of the Kingdome from future Treasons Inuasions or Perturbations so that it bee contayned within the bounds of true temporall allegiance doth no way exceede the limits of temporall authoritie 2. First therefore by those words good and full authoritie is not vnderstood any authoritie of the Kings Maiestie in Ecclesiasticall causes but onely in temporall matters as is the ministring of an Oath of true temporall allegiance For although his Maiesty be perswaded that hee hath full and supreme authoritie not onely in temporall but also in Ecclesiastical affaires for externall gouernement and that the Pope hath not ouer him or his Subiects within this Realme any authoritie or iurisdiction nor power to excommunicate his Maiestie yet his meaning is not to meddle at all in this Oath eyther with his owne or with the Popes Ecclesiasticall Supremacie but onely with his owne temporall Soueraigntie and consequently with the Popes authoritie not to depose him or to dispose of his Kingdome or to authorize any forraigne Prince to inuade or annoy him or to absolue his Subiects from their obedience c. And therefore as I obserued before in the third obseruation wee must distinguish betwixt his Maiesties vnderstanding or perswasion and his meaning or intention for his meaning was not to exact in this Oath of His Subiects all which hee is perswaded he might lawfully exact of them but only to demand of them in this Oath a profession of that temporall Allegiance which all Subiects are bound by the Law of God to giue to their lawfull Soueraigne as it is manifest by the declaration both of His Maiestie and also of the Parliament and therefore Hee was carefull not to meddle with the Popes authority to excommunicate Him 3. Secondly it is certaine that albeit Christian Princes haue not authoritie to define and determine what position is hereticall or to punish Heretikes with spirituall punishments for these are meere spirituall things yet they haue authoritie to command their subiects to abiure such positions as are alreadie defined or knowne to bee manifestly false and repugnant to the holy Scriptures for such and to punish with temporall punishments the obstinate maintayners of the same especially as the mayntayning of such positions is hurtfull to the publike temporall peace whereof the King hath charge and who therefore may also by the materiall Sword repell the wrongs and iniuries offered to the temporall Kingdome or Common-wealth by Clergie-men and also the abuses of the spirituall Sword when they tend to the hurt of the ciuill Common-wealth as Franciscus Victoria Ioannes Parisiensis and Couerruuias doe well obserue Victoria Relect. 1. de potest Eccles sec 7. §. octaua propositio Parisiensis de potest Reg. Pap. cap. 11. ad 37. Couerruu cap. 35. Practic question Wherefore a King saith Dominicus Bannes Bannes 2. 2. q. 11. ar q. 1. doth punish Heretikes as most seditious Enemies to the peace of His Kingdome which cannot be preserued without vnitie of Religion And Marriage saith Dominicus Sotus Sotus in 4. dist 29. q. 1. ar 4. being a Sacrament in such sort that it is also a ciuill contract it nothing letteth but that as in the former respect it belongeth to the Ecclesiasticall Court so in regard of the later it is subiect also in some sort to the Ciuill Not that Princes can alter those things which are of the substance of Matrimonie but that they may punish them who contract they shall offend against the publike peace for against those crimes whose iudgement doth belong to the Ecclesiasticall Court they may also ordayne punishments as they disturbe the peace of the Common-wealth Which doctrine of Sotus may in the very like manner bee applyed to Heresie which being a spirirituall offence in such sort that also it disturbeth the temporall peace of the Common-wealth it nothing letteth but that as in the former respect it belongeth to the Ecclesiasticall Court so in regard of the later it is subiect also in some sort to the Ciuill not that Princes can determine and define what is Heresie but that they may punish Heretikes when by defending hereticall positions they shall offend against the publike good For against those crimes whose iudgement doth belong to the Ecclesiasticall Court they may also ordayne punishments as they disturbe the peace of the Common-wealth And therefore Christian Princes haue good and full power to compell their Subiects to abiure impious damnable and hereticall positions for such when it is necessarie to the preseruation of the publike temporall peace and to discouer how their Subiects stand affectted in point of their Loyaltie and due Obedience 4. Thirdly it is euident that Clergie-men being truely subiect to temporall Princes in regard of their naturall birth and of their liuing in Ciuill Societie with others and consequently bound according to the common doctrine of Diuines to obserue their iust Lawes not only virationis
but also vi legis by force of the Law doe owe true Allegiance to their naturall Prince no lesse then Lay men and that therefore hee may lawfully demand of them as they are Subiects an Oath of their Allegiance whensoeuer hee shall iustly suspect their fidelitie And although some Clergie-men should bee so capricious as to imagine contrarie to the practice of the Primitiue Church the doctrine of the Ancient Fathers and manifest reason that they are not subiect at all to the authoritie of temporall Princes and thereupon should make a scruple to take this Oath as lawfully ministred to them by good and full authoritie yet this could not bee a sufficient proofe that the Oath is vnlawfull in it selfe or that Lay-men cannot lawfully take it and also acknowledge that it is lawfully ministred vnto them by good and full authoritie 5. Lastly in those words And I doe renounce all Pardons and Dispensations to the contrarie is not implyed a renouncing in generall of the Popes authoritie to giue Pardons and Dispensations but as the wordes doe plainly signifie in them is only contayned a denyall of the Popes authoritie to dispence with the Swearer or to giue him leaue and license to doe contrarie to that which hee hath promised in this Oath Wherefore the veritie of these last wordes is chiefly grounded vpon the lawfulnesse of the Fift Branch For if the Pope hath no power and authoritie to absolue the Swearer from any part of this Oath because those three things before mentioned which he promiseth to performe he is bound by the Law of God and Nature to performe and that therein no authoritie of Pope or Prince can dispence it is manifest that hee may lawfully renounce all Pardons and Dispensations to the contrarie CHAP. VII The Seuenth Branch of the Oath and an Explication thereof ANd all these things I do plainly and sincerely acknowledge and sweare according to these expresse words by me spoken and according to the plaine and common sense vnderstanding of the same words without any equiuocation or mentall euasion or secret reseruasion whatsoeuer 1. This Branch is greatly to bee regarded for that it expresly declareth in what sense the Swearer is bound to take all the parts and parcels of this Oath And first by those first words And all these things I doe plainly and sincerely acknowledge and sweare c. it is manifest that the immediate obiect of all this Oath and euery part therof or which is all one that which in all the former Branches I doe directly and immediatly sweare is my plaine and sincere acknowledgement to wit that our Soueraigne Lord King Iames is the lawfull and rightfull King of this Realme c. and that the Pope hath not any power or authoritie to depose him c. and that I will beare Faith true Allegiance to His Maiestie c. and that from my heart I doe abhorre detest and abiure as impious and hereticall c. and that I doe beleeue and in conscience am resolued c. and that it is lawfully ministred vnto me by good and full authoritie and that I doe renounce all Pardons and Dispensations to the contrarie Whereupon the Oath concludeth thus And I doe make this recognition and acknowledgement heartily willingly and truly vpon the true faith of a Christian. So that the plaine and proper meaning of this Branch is that whatsoeuer I doe sweare in this Oath I doe sweare plainly and sincerely according to these expresse words c. 2. Secondly the meaning of those words without any equiuocation c. is not that there is not to be found in this Oath any equiuocall wordes and which may not haue two proper and vsuall significations especially if they be taken barely and by themselues alone for if wee consider them as they be ioined with other words and make a full and perfect sentence and doe also duly regard the intention of the Law-maker with the other obseruations before set downe we shall hardly find any one sentence in this Oath so equiuocall or ambiguous that according to the common vnderstanding of men it hath two senses equally common which is properly to bee equiuocal But the plaine and proper meaning of those words is that the Swearer must not in this Oath equiuocate or vse any equiuocation mental euasion or secret reseruation whatsoeuer but that he must deale plainly and sincerely according to the minde and intention of the Law-maker For it is one thing to vse equiuocall words and an other thing to equiuocate or to vse equiuocation because one may vse equiuocal words and not deceiue or delude the hearer for that hee vseth the words in that sense wherein the hearer vnderstandeth them But to equiuocate implyeth a fraudulent deceitfull and vnsincere dealing by vsing the words in an other sense then the hearer vnderstandeth them 3. Wherefore the plaine meaning of this Branch is that albeit in this Oath there might bee found diuerse common senses of the same wordes yet the Swearer must not equiuocate but hee must take the wordes in that sense wherin the Law-maker vnderstandeth them with whome hee is bound by vertue of this Branch to deale plainly sincerely without any guile fraude deceit euasion or secret reseruation whatsoeuer But if perchance there should any difficulty arise concerning any ambiguous word or sentence contayned in this Oath and the will meaning and intention of the Law-maker could not bee knowne then wee must vse those rules which according to the approued doctrine of all Diuines and Lawyers wee haue aboue set downe for the interpreting of doubtfull and ambiguous speeches in any Law And namely among the rest that in penall Lawes and odious matters the milder and more fauourable sense and which contayneth in it no absurditie is to be chosen 4 Seeing therefore that according to the doctrine of all Diuines it is not lawfull to equiuocate or to vse equiuocation but we must answere plainly and sincerely according to the meaning and intention of the Iudge when hee proceedeth iuridically and demandeth no vniust and vnlawfull thing but which hee hath authoritie to demand it is manifest that the veritie of this Branch dependeth wholly vpon the lawfulnesse of the Oath and vpon the authoritie of the maker thereof and that consequently there is no difficultie in this Clause supposing the lawfulnesse of the former Clauses and that this Oath is lawfully ministred by good and full authoritie CHAP. VIII The Eight and last Branch of the Oath ANd I doe make this recognition and acknowledgement heartily willingly and truely vpon the true faith of a Christian So helpe mee God 1. The lawfulnesse of this Branch dependeth wholly vpon the veritie and iustice of the former Clauses and will cleerely appeare if wee suppose as hath beene shewed before that this Oath of Allegiance contayneth in it no falshood or iniustice and that it is ministred vnder great penalties by lawfull authoritie to make a triall how his Maiesties subiects stand
that false and peruerse opinion shall be held for seditious and to bee censured All Strangers that shall write and publish it for sworne Enemies of the Crowne All his Maiesties Subiects that shall adhere vnto it of what qualitie or condition soeuer they be for Rebels infringers of the fundamentall Lawes of the Kingdome and guiltie of Treason in the higstest degree And if there be found any booke or Discourse written by any Stranger Ecclesiastike or of any other qualitie that containeth any proposition contrarie to the said Law directly or indirectly the Ecclesiastikes of the same Order established in France shall be bound to answere them to impugne and contradict them incessantly without respect ambiguitie or equiuocation vnder paine of being punished with the same punishments as aboue said as abetters of the enemies of this State This Article is in effect and substance all one with our new Oath of Allegiance and the lawfulnesse thereof is manifest by the former Discourse and how greatly Card. Peron was mistaken in impugning the said Article Widdrington sheweth both in his Answere to Fitz-herbert part 3. chap. 11. num 15. seq and in his Discussion of the decree of the Lateran Councell against Lessius part 2. sec 9. and part 3. sec 9. A Copie of the Arrest or Decree of the Parliament of Paris wherein Card. Bellarmine his booke against William Barclay is condemned Taken out of the Records of the Court of Parliament the 26. of Nouember 1610. THis present day the Kings Solicitours Lewis Seruin the Kings Attorney making the Declaration and Lewis Duret the Kings Aduocate subscribing aduertised the Court that it was related to them that some few daies since there hath beene divulged in this city of Paris a new booke entituled Tractatus de potestate Summi Pontificis in temporalibus aduersus Gulielmum Barclaium Auctore Roberto S. R. E. Cardinale Bellarmino Romae per Bartholomaeum Zannetti printed this present yeere out of which booke diuers persons some with a good intent and others with an euill haue divulged many things which they haue collected from thence And because this Booke doth containe propositions which are preiudiciall to the Kings power and authoritie and to the State of France of whom the Author speaketh in the same manner as of other Kings Princes and Common-wealths they haue through their care gotten a Copie thereof which they hauing exactly read and examined thought it their duties to aduertise the Parliament of those things which are against the Powers established by God and especially against this Kingdome Wherefore they haue obserued that Cardinall Bellarmine doth in this new Treatise not only teach those propositions which hee affirmed in his former books as in that booke which is intituled De Romani Pontificis Hierarchia written in the time of Pope Sixtus the V. and dedicated to the said Pope which he hath deuided into fiue books in the last whereof hee maintaineth that the Pope hath temporall power indirectly But they also haue obserued that to this erroneous assertion others no lesse false and tending further are added in the places by them cited which the Parliament if it be so pleased may behould And first the very Title is to be obserued wherein he giueth to the Pope a power in temporals Then hee bringeth diuerse authorities from the writings of Italians French-men Spaniards Germans English Scots beginning with Pope Gregorie the VII who liued in the yeere of our Lord 1073. c. Wherefore to the end that fraud and deceit may for the safegard of true French men be preuented the aforesaid Attorney generall considering that in regard of Conscience and the office which hee beareth in being the Kings Attorney he is bound sincerely to discharge his duty produceth Cardinall Bellarmines booke which was written when our King Henry the Great was liuing in whose raigne none durst aduenture to diuulge the same but published forthwith as soone as he was dead wherein hee hath noted diuers places which the Parliament may peruse especially pag. 37 38. 57. 58. and 76. 77. to which may be added 160. 115. 116. And moreouer he exhibiteth in written hand the requests which the Kings Attorneys doe in the Kings name demand to wit that by Decree of the Parliament it be enacted That none of what qualitie or condition soeuer shall receiue haue keepe print or vtter this booke of Bellarmine vnder paine of Treason ordained against those that shal transgresse the same c. The matter being examined The great Chamber Criminall and of the Edict being assembled THe Court hath decreed and doth decree that no person of what qualitie or condition soeuer vnder payne of Treason ordayned against those that transgresse the same doe receiue keepe communicate print vtter or sell the said Booke which contayneth that false and detestable proposition tending to the subuersion of supreme Powers established and ordayned by God inciting Subiects to rebellion and derogating from the authoritie of Princes animating to attempt against their liues and Crownes and finally to disturbe the publike peace and quietnesse Those that haue Copies of the saide Booke or know any that haue are commanded forthwith to make it knowne to their Iudges that vpon the demand of the Kings Attorneys Inquisition bee made against the Crime and those that be guiltie be punished accordingly It forbiddeth vnder the same punishment Doctours Professours and others to treat dispute write teach directly or indirectly in Schooles Colledges or other places the said proposition The said Court doth ordayne that this Decree bee sent read published recorded and obserued according to the afore said manner and forme in all the Benches subiect to the Iurisdiction of this Court. The Substitutes to the Kings Attorney are commanded to cause forthwith this Decree to be put in execution and to aduertise the Court within a moneth of their diligence Made in Parliament vpon Friday 26. Nouemb. 1610. Signed VOISIN The decree being made the Kings Attorneys were sent for to whom the pleasure of the Court was signified and according to the Decree the said Booke of Bellarmine was deliuered to their hands A Decree of the Court of Parliament made the 26. and executed the 27. of Iune 1614. Against a Booke printed at Collen this present yeare which is entituled Francisci Suarez Granatensis Societatis Iesu doctoris Theologi Defensio fidei Catholicae Apostolicae aduersus Anglicanae sectae errores contayning many maximes and propositions contrarie to the Soueraigne powers of Kings ordayned and established by God the safetie of their persons the peace and quietnesse of their States The Place ✚ where the Kings armes of France and Nauarre are set At Paris By F. Morel and P. Mettayer the Kings ordinarie Printers and Stationers 1614. With his Maiesties Priuiledge Taken out of the Records of the Parment The Court of the great Chamber Criminall and of the Edict assembled hauing seene the Booke printed at Collen this present yeare entituled Francisci Suarez Granatensis Societatis
Iesu Doctoris Theologi Defensio fidei Catholicae Apostolicae aduersus Anglicanae sectae errores contayning in the third Booke Chap. 23. p. 376. 79 80 82. Chap. 29. p. 410. 11 12 13 14 15 16 17 18 19 20. Chap. 6. pag. 834. Chap. 8. pag. 844. and in other places many propositions contrarie to the Soueraigne powers of Kings ordained and established by God the peace and quietnesse of their States and that it is lawfull for their subiects and strangers to attempt against their persons Conclusions of the Kings Attorney generall All which beeing considered The said Court hath declared and doth declare the propositions and maximes contayned in the saide Booke to bee scandalous and seditious tending to the subuersion of States and to induce the subiects of Kings and soueraign Princes and others to attempt against their sacred persons and the discourses making mention of King Glodoueus and Philip the Faire to be false and slanderous Hath ordayned and doth ordayne the said Booke of Suarez to bee burned in the Court of the Palace by the Executioner of high Iustice Hath made and doth make iniunctions and inhibitions to Stationers and Printers not to print sell or vtter it and to all persons of what qualitie or condition soeuer not to haue copie out keepe teach in Schooles nor in other places nor to dispute the said maximes and propositions It doth ordayne that according to the Arrest made the 8. of Iune 1610. that the Decree of the Theologicall Facultie made the 4. of Iune the same yeare of renewing the doctrinall Censure of the said Facultie made in the yeare 1408. confirmed by the Councell of Constance together with this present Arrest or Decree as also those of the yeare 1578 and 95. bee read every yeare the 4. day of Iune as well in the said Facultie as in the Colledge of the Priest and Schollers of the Colledge of Claremont This Colledge of Claremont is the Iesuites Colledge and of the foure Mendicants And that at the instance of the Kings Attorney generall informations be taken of the transgressions against the said Arrests and Inhibitions bee made against the copying out hauing and keeping the like bookes Made in Parliament the 26. day of Iune 1614. Signed VOISIN Moreouer it is decreed that the Fathers Ignace Armand Rectour in this Citie Cotton Fronton and Sirmund shall be sent for the first day of the Court and it shall be shewed them that contrarie to their declaration and the Decree of their Generall made in the yeare 1610. the Booke of Suarez hath beene printed and brought into this Citie against the authoritie of the King the safetie of his Crowne and State And it shall be enioyned them to cause their Generall to renew the said Decree and that it be published and that they bring in the Act within sixe moneths And that they prouide that no bookes contayning such damnable and pernicious propositions bee hereafter made or published by any of their Societie And that it bee inioyned them to perswade the people by their Preachers the Doctrine contrarie to the said propositions Otherwise the Court wil proceed against the transgressours as against Traytors and perturbers of the publique peace The aforesaide Arrest or Decree and what hath beene decreed was pronounced in the presence of the Fathers Ignace Armand Charles de la Tour who came in place of Father Cotton absent Fronton du Duc and Iames Sirmund And the Arrest was executed before the great Staires of the Pallace the 27. of Iune 1614. A Copie of another Arrest or Decree of the Parliament of Paris wherein the former doctrine of practizing the deposition of Soueraigne Princes is condemned and the former Decrees made against the Bookes of Card. Bellarmine and Suarez are againe confirmed An Arrest or Decree of the Court of Parliament touching the Kings Soueraigntie in Temporals and against the pernicious doctrine to attempt vpon the sacred persons of Kings The place ✚ of the Kings Armes of France and Nauarre At Paris By F. Morel P. Mettayer the Kings Ordinarie Printers and Stationers 1615. Taken out of the Records of the Parliament WHereas the Kings Attourney Generall hath complayned to the Court all the Chambers thereof being assembled that albeit by many Arrests or Decrees heretofore made with great and mature deliberation the Court hath confirmed the Maximes which haue at all times beene held in France and are naturally engrafted to the Crowne That the King doth not acknowledge any Superiour in Temporals of his Kingdome but God alone And that no power or authoritie can rightfully release his Subiect from the Oath of Allegiance and Obedience which they owe to Him nor suspend depriue or depose him from his said Kingdome and much lesse to attempt or to cause to attempt either by publike or priuate authoritie against the sacred persons of Kings Neuerthelesse it hath beene aduertized that by Discourses as well in priuate as in publike many persons doe presume to call in question the said Maximes to dispute of them and to hold them for problematike from whence may arise very many inconueniences which of necessitie must be prouided against and that speedily Hee the said Attourney requesteth that seeing the Court is assembled all businesses set aside it will bee pleased to ordaine that the said Decrees shall be renewed and againe published in all the Benches subiect to the Iurisdiction of this Court to the end that the mindes of all the Kings Subiects of what quality or condition so euer may be kept firme and assured concerning the said Maximes and Rules and for the safetie of the Kings life the publike peace and quietnesse With Inhibitions not to transgresse the same vnder the penalties set downe by the said Arrests And that it be enioyned to all their Substitutes to cause the publication thereof to be made and to certifie the Court within a moneth vnder paine to be depriued of their Offices The Court all the Chambers being assembled hath ordayned and doth ordayne that the Arrests of the 2. Decemb 1561. the 29. Decemb. 1594 the 7. of Ianuarie and the 19. of Iuly 1595. the 27. of May the 8. of Iune and the 26. of Nouemb. 1610. and the 26. of Iune 1614. shall bee kept and obserued according to their forme and tenour Forbidding all persons of what qualitie or condition soeuer to transgresse the same And to this end they shall bee published in the Bayliwikes Stewardships and other Benches subiect to this Court by the care of the Substitutes to the Attourney Generall who shall certifie the Court with in a moneth vnder paine to answere it at their perill Made in Parliament the second of Ianuarie 1615. Signed VOISIN The lawfulnesse of all these Arrests or Decrees is manifest partly by that which hath beene said in this Treatise in the Fourth and Fift Obseruation and in the Second Third and Fift Chapters and more particularly by Widdrington in his Discussion of the Decree of the Lateran Councell against Lessius part 2. sect 9. for that Christian Princes by vertue of their temporall power haue good full authoritie according to the doctrine of Ioannes Parisiensis Ioh. Paris de potest Reg. Pap. c. 21. ad 37. Victoria Victoria Relect. 1. de potest Eccles sec 7. §. octaua propositio Sotus Sotus in 4. dist 29. q. 1. ar 4. Bānes Bannes 2. 2. q 11. ar 4. q. 1. in fine Couerrunias Couerr cap. 35. pract quest which is grounded in manifest reason to forbid the maintayning teaching and publishing not only of hereticall erroneous and false propositions but also of all vnnecessarie doctrines and positions be they neuer so probable as the teaching and publishing of the same is dangerous to the Crownes and liues of temporall Princes and tendeth to the subuersion of the State and to the disturbance of the publike peace in the Ciuill Common-wealth whereof the Prince hath charge and to punish with temporall punishments the teachers maintayners and publishers of such dangerous and seditious doctrines Haec omnia Ecclesiae Catholicae indicio subiecta sunto FINIS Page Line Faults corrected 8. 13. would would not 35. 4. at first at the first 71. 16. Authors Authour 87. 27. or vnlawfull or lawfully 133. 20. bound bound 144. 16. bound bound 146. 10. dipose dispose 187. 1. and to be and be 191. 4. Deputies Deputies
Successours and him and them will defend to the vttermost of my power against all Conspiracies and Attempts whatsoeuer which shall be made against His or their Persons their Crown and Dignitie by reason or colour of any such Sentence or Declaration or otherwise and will doe my best endeuour to disclose and make knowne vnto his Maiestie his Heires and Successours all Treasons and Trayterous Conspiracies which I shall know or heare of to bee against him or any of them 4. And I doe further sweare That I doe from my heart abhorre detest and abiure as impious and hereticall this damnable doctrine and position That Princes which bee excommunicated or depriued by the Pope may be deposed or murthered by their Subiects or any other whatsoeuer 5. And I doe beleeue and in conscience am resolued that neither the Pope nor any person whatsoeuer hath power to absolue mee of this Oath or any part thereof 6. Which I acknowledge by good and full authoritie to bee lawfully ministred vnto me and doe renounce all Pardons and Dispensations to the contrarie 7. And all these things I doe plainly and sincerely acknowledge and sweare according to these expresse words by mee spoken and according to the plaine and common sense and vnderstanding of the same words without any Equiuocation or mentall euasion or secret reseruation whatsoeuer 8. And I doe make this recognition and acknowledgement heartily willingly and truly vpon the true Faith of a Christian So helpe me God A Copie of the Protestation which thirteene Reuerend Priests made of their Allegiance to Queene Elizabeth by a publike Instrument the last day of Ianuary 1602. in the last yeere of her Maiesties Reigne WHereas it hath pleased our Dread Soueraigne Ladie to take some notice of the Faith and Loyaltie of vs Her naturall borne Subiects Secular Priests as it appeareth in the late Proclamation and of her Princelike clemencie hath giuen a sufficient earnest of some mercifull fauour towards vs being all subiect by the Lawes of the Realme to death by our returne into the Countrie after our taking the Order of Priesthood since the first yeere of Her Maiesties Reigne and only demandeth of vs a true profession of our Allegiance therby to bee assured of our fidelitie to Her Maiesties Person Crowne Estate and Dignitie Wee whose names are vnderwritten in most humble wise prostrate at Her Maiesties feet doe acknowledge our selues infinitely bound vnto Her Maiestie therefore and are most willing to giue such assurance and satisfaction in this point as any Catholike Priests can or ought to giue vnto their Soueraignes First therefore wee acknowledge and confesse the Queenes Maiestie to haue as full Authority Power and Soueraigntie ouer vs and ouer all the Subiects of the Realme as any Her Highnesse Predecessours euer had And further we protest that we are most willing and readie to obey Her in all Cases and Respects as farre forth as cuer Christian Priests within this Realme or in any other Christian Countrie were bound by the Law of God and Christian Religion to obey their Temporall Princes as to pay Tribute and all other Regall Duties vnto Her Highnesse and to obey Her Lawes and Magistrates in all Ciuill Causes to pray vnto God for Her prosperous and peaceable Reigne in this life according to his blessed will and that shee may hereafter attaine euerlasting blisse in the Life to come And this our acknowledgement wee thinke to bee so grounded vpon the Word of GOD as that no Authoritie no Cause or pretence of Cause can or ought vpon any occasion be a sufficient Warrant more vnto vs then to any Protestant to disobey Her Maiestie in any Ciuill or Temporall matter Secondly whereas for these many yeeres past diuers Conspiracies against her Maiesties Person and Estate and sundrie forcible attempts for inuading and conquering her Dominions haue bin made vnder we knew not what pretences and intendments of restoring Catholike Religion by the sword a course most strange in the World and vndertaken peculiarly and solely against Her Maiestie and Her Kingdomes among other Princes departed from the Religion and Obedience of the See Apostolike no lesse then she by reason of which violent Enterprizes her Maiestie otherwise of singular clemencie toward Her Subiects hath beene greatly mooued to ordayne and execute seuerer Lawes against Catholikes which by reason of their vnion with the See Apostolike in Faith and Religion were easily suppâ—sed to fauour these Conspiracies and Inuasions then perhaps had euer bin enacted or thought vpon if such Hostilitie and Warres had neuer beene vndertaken We to assure Her Maiestie of our faithfull Loyaltie also in this particular cause doe sincerely protest and by this our publike fact make knowne to all the Christian World That in these cases of Conspiracies of practizing Her Maiesties death of Inuasions and of whatsoeuer forcible Attempts which hereafter may be made by any forraigne Prelate Prince or Potentate whosoeuer either ioyntly or seuerally for the disturbance or subuersion of Her Maiesties Person Estate Realmes or Dominions vnder colour shew pretence or intendment of restoring the Catholike Romane Religion in England or Ireland We will defend Her Maiesties Person Estate Realmes and Dominions from all such forcible and violent assâ—ults and iniuries And moreouer Wee will not only our selues detect and reueale any Conspiracies or Plots which we shall vnderstand to bee vndertaken by any Prelate Prince or Potentate against Her Maiesties Person or Dominions for any cause whatsoeuer as is before expressed and likewise to the vttermost of our power resist them but also will earnely perswade as much as in vs lyeth all Catholikes to doe the same Thirdly if vpon any Excommunication denounced or to bee denounced against Her Maiestie or vpon any such Conspiracies Inuasions or forcible Attempts to be made as are before expressed the Pope should also excommunicate euery one borne within Her Maiesties Dominions that would forsake the aforesaid defence of Her Maiestie and Her Realmes and take part with such Conspirators or Inuaders in these and all other like Cases wee in these and all such like Cases doe thinke our selues and all the Lay-Catholikes borne within Her Maiesties Dominions not bound in conscience to obey this or any such like Censure but will defend our Prince and Countrie accounting it our duties so to doe and that notwithstanding any Authoritie or any Excommunication whatsoeuer either denounced or to bee denounced as is aforesaid to yeild vnto Her Maiestie all obedience in Temporall Causes And because nothing is more certaine then that whilst we endeuor to assure Her Maiestie of our dutifull Affection and Allegiance by this our Christian and sincere Protestation there will not want who will condemne and misconstrue our lawfull Fact yea and by many finister suggestions and calumnies discredit our doings with the Christian World but chiefly with the Popes Holinesse to the greatest preiudice and harme of our good names and persons that may be vnlesse maturely wee preuent their endeuours herein