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

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the Faculty of Theology of Paris By the University of Caen assembled in the Convent of S. Francis 7. May 1626. By the University of Rheims the four Facultyes being assembled in the Chapel of S. Patrice 18. May 1626. By the University of Tholouze the Rector and Professors of all the Facultyes being assembled in S. Thoma's School at the Dominicans 23. May 1626. By the University of Poitiers assembled at the Dominicans 26. June 1626. By the University of Valence assembled in the great Hall 14. July 1626. By the University of Bourdeaux assembled at the Carms 16. July 1626. By the University of Bourges all the Deans and Doctors Regent of all the Faculties assembled by the Rector 25. Nov. 1626. By all which the said Doctrine was Condemn'd as False Erronious Contrary to the Word of God Pernicious Seditious and Detestable AND now since so many so famous Universities have unanimously and solemnly and deeply condemn'd this Position That Popes can punish Princes temporally and all this without constraint voluntarily delivering their free judgments unmenaced by their King unconcern'd in self-preservation The first Question wherein I intreat your assistance is I. Why we when our Laws so threatningly command and our All is so nearly concern'd may not safely and uncensurably profess as much as They AND I beg of you a more satisfactory answer than that the Pope in prudence forbears the French because their party is numerous and learn'd and united and Persons of heart and courage for omitting to observe the advantage this very Objection offers by confessing so great Authority against that pretended Power I should easily secure my self with this reply that were not their Case in it self at least tolerable all those fair qualities could never justify the Popes suspending to condemn them Their Tenets then clearly are in themselves consistent with Faith and Catholick Communion and 't is a Consideration meerly prudential whether such proceedings ought to be Censur'd or no which naturally leads me to my second Question II. If there be reasons enow to turn the Eye of Authority quite away from seeing what whole Universities so openly avow in the face of the world are there not enow to Connive at us who are but a few and act privately and not without the excusing plea of extreme necessity HEre Your first thoughts perhaps may offer you this distinction That in England 't is requir'd to renounce the Doctrine as Impious and Heritical while the French condemn it only as False Erroneous Contrary to the Word of God Pernicious Seditious and Detestable But I appeal to your second thoughts and ask III. Are those two words Impious and Heretical so vastly different in their true and natural sense from the other half dozen False Erroneous Contrary to the word of God Pernicious Seditious Detestable that all these six may voluntarily be affirm'd and both those or at least one of them whatever ruine attends must necessarily be deny'd IF we be oblig'd as sure we are to answer in the sense of our Proposers and they mean no more by Heretical as the very Principles of their Religion besides other Arguments sufficiently assure us than Erroneous and Contrary to the word of God I hope this third Question will prove no invincible difficulty For is not what 's Contrary to the word of God Contrary to Faith and what 's Contrary to Faith Heretical Especially since among our selves we must find a larger sense for Heretical than that which severely measures its conceiv'd strictest notion We must find a sense wherein the Opinion of Antipodes was antiently Heretical and the Turning of the Earth or at least the Standing of the Sun is so now one of which the Qualificatori at Rome in order to Galileo's Condemnation Censur'd as Absurd False c. the Other as formally Heretical We must find a sense that may justify not only our disputing Schoolmen who often on slighter grounds cry out Heresy one against another but the publick Censors of Books and Qualifiers of Opinions who every day reject many Doctrines as Heretical without intending to divide Communion from the M●inteiners Nay we must find a sense that may agree with the words of the Pope himself in his Prohibitive Brief of this very Oath which he sayes contains many things contrary to Faith and Salvation and what can we imagin should be those Many if the denial of his Prince-deposing power be not counted for One yet possibly neither It nor any of these I have mention'd are in precise scholastic rigor Heretical But Use and Custome being the Rule of Speech I cannot see it reasonable why we alone in so Important an Occasion should be denyed that latitude of sense which we know is so frequently and so justifiably allow'd to all the world To reconcile more clearly this difference I conceive the common Distinction of Material and Formal Heresy very useful According to the first sense whatever is now Heretical alwayes was so in its inward nature the Decision of the Church operating only by way of Declaration of the formerly believ'd Truth and Extension of the Obligation to new Subjects adding perhaps express Menaces of Anathema c. to obstinate Dissenters which every one is justly presum'd to be that submits not to the known determination of the Universal Church In the second sense many Tenets are not yet Heretical which may in time become so Even ●his intollerably false and flattering Position That the Pope is direct Universal King over all the World is not yet the Church not using to interpose Her Authority till the Decision be necessary condemn'd as Heretical though certainly none that pretend to the least degree of true Loyalty but are ready to abjure so damnable a Doctrine as worse than Impious worse than Heretical 'T is evidently therefore enough to verifie my forswearing such an errour as Heretical if in it self it be notably mischievous without expecting till the Church can meet and solemnly pa●●e Her Canonical Sentence upon it Though this Example of so many Universities be sufficient to decide the Question in that they renounc'd this pretended Power and more than sufficient to justifie us in that they did it freely Yet to propose an Instance agreeing even in the point of fear too with ours I shall not forbear to say there was a numerous and considerable Party in France no lesse than the whole Body of the Jesuites whose Judgement was known to differ from That of the Universities as much as Any and more than most of Ours here yet rather than expose themselves to Inconveniences and their Interests to Danger they publikely subscrib'd the Sorbonne Censures publickly condemn'd this King-dethroning Power as False Erronious contrary to the Word of God Pernicious Seditious and Detestable How this so solemn Subscription against what themselves had formerly held either as altogether or at least as almost an Article of Faith was understood at Rome I know not that it was actually done in France I am
or Mental Evasion or secret Reservation whatsoever And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God THE LETTER SIR AS your Civility has taught me I may have any thing of you for asking so my own Experience teaches me nothing is more easy than to ask Unless it be to doubt or to be ignorant two qualities so common and so little implying any conceit of sufficiency in their Owner that I hope you will neither accuse me of Presumption while I only seek what I profess not to know nor of Imprudence while I seek where I know I am most like to find Your peircing Eye has both read what others say and penetrated what they maintain Your generous mind neither hopes nor fears can corrupt and if they could your happy Condition secures you from both To you therefore I confidently come and without any farther Compliments which you are too wise to expect and I too uncourtly to give I humbly desire your free and speedy judgment in these few Seasonable and Important Questions Some say the Pope by direct and immediate sentence can depose Princes Others he can only Excommunicate directly and depose by Consequence Some say he can depose only Princes Subject to the Church Others Infidels too Some say he has power to do this only in order to Spirituals Others absolutely without that Restriction Some say the Crime must be Heresy or Apostacy Others extend his Jurisdiction to more and even all Cases And there are who say He cannot depose at all neither any of these ways nor for any of these Persons nor for any of these Causes In favour of which last Position not to speak of particular Authors 't was my fortune lately to meet with a Censure of the Faculty of Paris and some publick and solemn Decrees made by that and divers other Universities of France Of which the better to entitle my self to beg your Judgment I here send you a shott Extract On purpose omitting the French King and Parliaments Prohibition and Arrests as Lay-arguments of little and perhaps too little weight with some that dispute this point A Decree of the University of Paris made by the Rector Deans Proctors and Batchelers of the said University in a General Assembly had on the 20th of April 1626. at the Matutin● IT having been represented by the Rector that the sacred Faculty of Theology moved as well by their ardent zeal and fidelity towards the Church his most Christian Majesty and his Kingdomes as also by the true and perfect love which they bear to Right and Justice and following therein the illustrious Examples left by their Predecessors in like Cases upon mature Examination of a certain Latine book intituled A Treatise of Heresy Schism Apostacy c. and of the Popes power in order to the punishment of those Crimes Printed at Rome 1625. had in the 30. and 31. Chapters of Heresy found these Propositions That the Pope may with temporal punishments chastize Kings and Princes despose and deprive them of their Estates and Kingdomes for the Crime of Heresy and exempt their Subjects from the obedience due to them and that this custome has been always practis'd in the Church c. and thereupon had by a publick just and legal Sentence on the 4th of April Censured these Propositions of that pernicious book and condemn'd the Doctrine therein contain'd as New False Erronious contrary to the Law of God rendring odious the Papal Dignity opening a gap to Schism derogative to the Soveraign Authority of Kings which depends on God alone retarding the Conversion of Infidels and heretical Princes disturbing the publick Peace tending to the ruine of Kingdomes and Republicks diverting Subjects from the obedience due to their Soveraigns and precipitating them into Faction Rebellion Sedition and even to commit Paricides on the sacred Persons of their Princes The Rector Deans Proctors Batchelers and whole University have made this Decree That the sacred Faculty of Theology ought highly to be commended for having given a judgment so Pious so Religious so Wholesome against so wicked and dangerous a Doctrine For having so opportunely held forth to the whole Church but especially to all France the clear light of Antient and Orthodox Doctrine For having so gloriously follow'd the Illustrious generosity of their Predecessors and performed a task not only becoming their particular Profession to defend the truth but deserving the Imitation even of the whole University it self And to obstruct altogether the very entrance of this new and pernicious Doctrine and cause all those who now are or hereafter shall be Members of this University or merit promotion to any Degree therein to remember for ever to form and regulate their Opinions according to the judgment pronounced by that sacred Faculty and keep at utmost distance from the Doctrine so justly proscrib'd and that every one in particular may fly detest abhor it and as well in publick as private Combate Confute and Convince its falsity They do decree that in the next solemn Procession as also annually in the Assembly for the Procession general immediately after opening the Schools in the month of October this Censure shall publickly be read by the Proctor of the University the first business nothing to intervene and recorded in the Registers of each Faculty and Nation and that two Copies hereof written and signed by the hand of the Clerk of the sacred Faculty of Theology shall be kept in the Common Records of the University and the like number be sent as soon as may be to all Superiours of Colleges and Houses to the end all possible care and diligence be us'd to secure all those who frequent or reside in the said Colleges from the corruption and poyson of this pernicious Doctrine and that they never give way that any Person whatsoever presume to say or do any thing contrary to what has so wisely been determined and ordain'd by that sacred Faculty If any Doctor Professor Master of Arts or Scholar resist and disobey or go about in any sort by word or writing on any cause or pretence whatsoever to offer at the least attempt or make the least opposition against this so laudable and legal a Censure let him for a note of Infamy and Ignominy be expel'd depriv'd of his Degree Faculty Rank by a sentence that may for ever cut off all hope of admittance Quintaine Scribe of the University The Censure of the Faculty of Sorbonne dated 4th April 1626. I omit because recited at large in this of the University The like Decrees on the same occasion and against the same Doctrine That the Pope can punish Kings with temporal punishments depose them and deprive them of their Kingdomes and Estates c. were made by these several Universities following All which have lately been printed at Paris in a Collection of divers Acts Censures and Decrees as well of the University as of