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A03944 An adioynder to the late Catholike new yeares gift, or explication of the oath of allegeance Wherein certaine principall difficulties, obiected by a very learned Roman-Catholike, against the sayd New-yeares gift, and explication of the oath, are very clearely explained. Published by E.I. the author of the New-yeares gift. Preston, Thomas, 1563-1640. 1620 (1620) STC 14050; ESTC S100127 50,683 158

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rather doe well in taking part against their Soueraigne in the aforesaid case And neuerthelesse as I haue shewed aboue in the former Section the falshood and absurditie of the Doctrine concerning the inuading of Princes and seeking to dispossesse them by warre only by vertue of the Popes sentence of depriuation or vpon any probable title which is grounded vpon a controuersed Spirituall authoritie is farre more manifest for the reason there alledged Sect. 14. Obiection LAstly Obiect say you about this Branch your exposition of those words as hereticall seemeth to me neither agreeing with the ordinarie and common sense of the words which though somtimes may be taken in such sense as you expound them yet ordinarily are not nor with the intention of the Law-maker who thinking it to be against Scriptures that the Pope should haue power to depose Princes for that none is aboue Kings at the least in temporals but God alone and that by Scriptures would haue all no doubt detest such doctrine as shall allow the deposition of Princes not only as hereticall but for hereticall Answere 1 BVt it seemeth Answ that you haue not well considered M. Widdringtons meaning and drift in bringing this last answere for the expounding of these words as hereticall in the fourth Branch of the Oath For in his former answere he tooke the word hereticall for that which is directly or indirectly repugnant to Scriptures and in which sence both Catholike Diuines commonly and also Protestants and his Maiestie do vnderstand it which sense neuerthelesse you aboue in the third Section seemed to disproue in those words which sense is not in my conceipt so proper neither with vs nor Protestants who most of them hould that for heretical which subuerteth the foundation of faith and not that which is contrarie to Scripture And yet now you will haue the Law-maker who are Protestants to take hereticall for that which is against Scriptures Now Mr. Widdrington taking hereticall in this sense to wit for that which is against Scriptures either directly formally and expresly or at the least indirectly vertually and by a necessarie consequence which sense I haue sufficiently proued aboue to be proper and vsuall both among Protestants and Catholikes affirmed that the doctrine euen of deposing Princes being excommunicated or depriued by the Pope may be abiured not only as hereticall but for hereticall 2. But because some might peraduenture contend as you seeme to do that the word hereticall according to the common vnderstanding of Catholikes is to be taken onely for that which is expressely declared by the Church to be hereticall and repugnant to Scriptures and which maketh a formall hereticke and to be punishable as an hereticke by the Canons of the Church and the Imperiall Lawes Mr. Widdrington in regard onely of such contentious spirits and admitting for Disputation sake that to bee true which hee accounteth very false gaue this last answer to wit that if wee will needs haue the word hereticall to bee taken for that doctrine which is made hereticall by the Church and maketh a formall heretike and which before the declaration of the Church is not to be accounted hereticall although it be a very false doctrine and contrary to the word of God then the Aduerb as doth signifie both by vertue of the Word and also of the matter not an identity or reality but onely a similitude of that strict and rigorous hereticall And this answer hee hath at large confirmed in his Adioynder against Mr. Fitzherberts Reply where you may see that the Aduerbe As being an Aduerbe of similitude doth commonly and not only sometimes or oftentimes signifie onely a similitude by vertue of the Word and that it neuer signifieth a reality identity or equality but onely by reason of the matter to which it is applyed And that if the matter of this Branch will not permit without manifest absurditie that it signifie a realitie wee are bound to interpret it in that sense which is not absurd according to the rules prescribed by Diuines for the interpreting of Lawes vnlesse either the words will not beare a true sense which as Mr. Widdrington hath proued is very false or it bee apparant that the intention of the Law-maker was to haue it taken in an absurd and inconuenient sense which were rashnesse and impiety so to iudge of his Maiesty 3. For howsoeuer his Maiestie be perswaded in his opinion iudgement or beliefe yet his intention is not but that wee must take the words of the Oath according to the common sense and vnderstanding of them as it is euident by the Seuenth Branch And therefore a great difference is to bee made betwixt his Maiesties beleefe or perswasion and his intention as he is a Law-maker as Mr. Widdrington and the Authour of the New-yeeres Gift p In the third obseruation haue proued at large by his Maiesties expresse declaration who although he be perswaded that he is the supreme Lord of his Dominions not onely in temporall but also in Ecclesiasticall causes for as much as concerneth the external gouernment by true coactiue authority and that the Pope hath not by the institution of Christ any authority to excommunicate him yet his intention was not to meddle in this Oath with these poynts nor to distinguish Catholikes from Protestants in points of Religion but onely to distinguish Catholikes from Catholikes in points of their loyalty and temporall allegeance for in poynts of Religion Catholikes were sufficiently distinguished from Protestants by the Oath of Supremacie Neither also is his Maiestie perswaded that the doctrine of deposing Princes depriued by the Pope is hereticall taking hereticall in that strict and rigorous sense for only that which is expressely and formally declared by the Church or some vndoubted generall Councell to be hereticall but he is perswaded that the sayd doctrine is therefore hereticall because it is either directly and expressely or indirectly and vertually or by a necessary consequence repugnant to the holy Scriptures in which sense it may bee abiured not onely as hereticall but also for hereticall as hath beene shewed aboue Sect. 15. Obiection THirdly Obiect I finde another difficultie say you about your doctrine of Declaratiue Breues For you seeme to say following therein the doctrine of Suarez That Declaratiue Breues of Popes set forth and published to declare some thing which the Church is in doubt of do binde no further then the Law or ground which they declare and therefore if such Breues bee but grounded on the Popes opinion as these seeme to you which are set forth to declare that the Oath is vulawfull they binde no more then his opinion Which doctrine of yours and Suarez I must needs confesse I cannot well conceiue or vnderstand For to me it seemeth that Breues of the Pope or Church whether they be declaratiue or definitiue for the certainty of their obligatiō should not depend on the ground or Law which they declare or define