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
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
A NEW-YEARES GIFT FOR ENGLISH CATHOLIKES OR A Briefe and cleare Explication of the New Oath of Allegiance By E. I. Student in Diuinitie For a more full Instruction and appeasement of the consciences of English Catholikes concerning the said OATH then hath beene giuen them by I. E. Student in Diuinitie who compiled the Treatise of the PRELATE and the PRINCE 1. PET. 2. Feare God Honour the King I H S. MATTH 22. Render to Caesar the things that are Caesars and the things that are Gods to God With licence of Superiours 1620. A BRIEFE SVMMARIE of what is contained in this TREATISE 1. FIrst An Admonition to English Catholiks to examin their cōsciences exactly concerning this New Oath of Allegiance for that by refusing the same if it bee lawfull and ministred by good and full authoritie as this Treatise conuinceth it to bee they hazard not only their temporall estates but also their eternall saluation by disobeying and resisting lawfull authoritie and the ordinance of Almightie God 2. Secondly are set downe a Copie of the new Oath of Allegiance The 13. Priests Protestation Mr. Iohn Colletons Petition wherein hee confirmeth his former Protestation and the Acknowledgement of Mr. Thomas Greene a Religious Priest of the order of Saint Benedict and Professour of Diuinitie concerning his opinion of the said Oath of Allegiance with certaine notes and Obseruations added by the Authour to the said Protestation Acknowledgement 3. Thirdly Certaine generall Obseruations are set downe to know first the nature and conditions of euery lawfull Oath Secondly what rules are to be obserued for the vnderstanding and interpreting of the true sense and meaning of any ambiguous word or sentence contained in any Law and consequently in this Oath of Allegiance established by a Parliamentall Law Thirdly what was the intent and meaning of his Maiestie and the Parliament in framing and proposing this new and vnwonted Oath of Allegiance deuised vpon occasion of that vnwonted Barbarous and Deuillish Conspiracie of the Powder-Traytours to wit not to make a distinction betwixt Protestants Catholikes but between Catholikes Catholikes in point of their loyaltie and ciuill obedience especially concerning the Popes authority to practise the deposition of Princes which was the ground of that dānable Powder-Treason Fourthly to know vpon what assured grounds the Popes authoritie to depose Princes or to practise their deposition may not only be barely denyed but also abiured as damnable impious and hereticall to wit for that it is a controuersie among learned Catholikes whether the Pope hath authoritie to depriue Princes or no and consequently that it is open iniustice in the Pope and manifest Treason in the Subiect to attempt the dispossessing of any Soueraigne Prince by vertue of this pretended authoritie and clayme so long as this Controuersie remayneth a foot and is not decided by a lawfull Iudge and who without all doubt and Controuersie is known so to bee Fiftly page 64. it is shewed that the Pope is no lawfull Iudge to end and decide this Controuersie concerning his own pretēded authoritie to depriue Soueraigne Princes for that it is a Controuersie among Learned Catholikes and approued by very many famous Prelates Cardinals and Doctours cited by the Authour that the Pope without the consent and approbation of a lawfull and vndoubted generall Councell hath not authoritie to decide determine or define any doctrinal question at all and much lesse in his owne particular cause as is this Controuersie betwixt Him and Christian Princes and that therefore although hee should take vpon him to decide this question yet the Controuersie would still remayne a foote and bee vndecided as it was before 4. Fourthly In the first eight Chapters it is cleerly shewed that there is not any one Clause of the Oath which wanteth either Veritie Iustice or Iudgement and that therefore English Catholikes not only may lawfully but also are bound in conscience to take it when they are vrged thereunto by the Magistrate whom the Prince and State hath appointed to tender the same otherwise they resist lawfull authoritie and the Ordinance of God which whosoeuer resist purchase to themselues damnation Rom. 13. 5. Fiftly In the ninth and last Chapter are cleerly answered the Popes declaratiue Breues forbidding English Catholikes to take the Oath for that it contayneth many things which are manifestly repugnant to faith and saluation which Breues therefore doe not make but only suppose the Oath to bee vnlawfull as contayning in it some manifest falshood or iniustice and therefore abstracting from the Popes Breues some particular clause of the Oath must be proued to be vnlawfull which this Treatise doth euidently conuince to bee vntrue And first in this Chapter it is shewed that it is no disobedience or irreuerence not to obey such declaratiue Breues seeing that they are grounded vpon one of these two or rather vpon both false suppositions to wit that either the doctrine for the Popes power to depriue Princes is certaine of Faith and out of all Controuersie and the contrarie not approued by learned Catholikes which supposition is manifestly false or else that the Popes power to excommunicate to bind and loose and to absolue from Oaths in general and consequently his Spirituall authoritie is denyed in the Oath which also is no lesse vntrue and that therefore English Catholikes not only may lawfully and without any disobedience or irreuerence but also are bound in conscience not to obey them considering that they are so preiudiciall to themselues so scandalous to the Catholike Roman Religion which they professe and so iniurious to their Soueraign Prince who being in reall possession of his Kingdome cannot vpon any controuersed Title or Power with out open iniustice bee dispossessed thereof Secondly it is shewed that albeit diuers Popes haue since the time of Pope Gregorie the VII challenged to themselues authoritie to depriue Soueraigne Princes yet they cannot bee truly said to haue beene for any little time in possession of this their pretended authoritie right and clayme for that they haue euer beene resisted and contradicted by Christian Princes and Subiects in this their pretended right and clayme wheras to possesse authoritie right or clayme to any thing it is necessary according to the approued doctrine of Molina and Lessius both Iesuites and of all Diuines and Lawyers that it bee without resistance and contradiction of the aduerse part but one may truly and really possesse corporall things as Lands Houses Kingdomes although hee that pretendeth to haue right to the same yea and perchance hath true right thereunto contradict and resist neuer so much Thirdly it is shewed that howsoeuer any man may vnder pretence of following a probable opinion thinke himselfe excused in conscience and in the sight of God wherewith Princes in their Tribunals doe not meddle but leaue mens consciences to the iudgement of God the only searcher of all mens hearts by concurring with the Pope to the deposing and dispossessing of his Soueraigne Prince yet
considering that it is not only probable but also most certaine that hee is excused in conscience and in the sight of God by defending his Prince against such damnable and trayterous practises which are grounded at the most vpon a probable power title and clayme and also that hee cannot bee excused from formall Treason in the externall Court both Ecclesiasticall and Secular of his Soueraigne Prince who is in actuall possession of his Kingdome cānot without open iniustice be dispossessed vpon any vncertayne and controuersed power clayme or title though it were neuer so probable it is euident that those Subiects might iustly bee accounted worse then mad that would in such damnable and trayterous practises concurre with the Pope to the dispossessing of their Soueraigne Prince vnder pretence of a power or title which euen in speculation and abstracting from practise can be at the most but probable 6. Lastly are set downe First the Oath of France or the first Article of the lower House of Parliament wherein of two hundred Deputies for the third Estates were but six Protestants Secondly two Arrests or Decrees of the Parliament of Paris forbidding vnder paine of Treason Cardinall Bellarmines Booke against Barckley and Suarez Booke against our Kings Maiesties Premonition and thirdly another Decree of the said Parliament ordayning likewise that no person of what qualitie or condition soeuer doe teach the said doctrine of deposing Princes as problematicall or probable All which Decrees are proued to be agreeable to truth and iustice and that Christian Princes by vertue of their temporall power haue good and full authoritie both to forbid the teaching maintayning and publishing of all vnnecessarie doctrines positions be they neuer so probable as the teaching and publishing of the same tendeth to the subuersion of States-and to the disturbance of the publike peace in the Ciuill Common wealth and is dangerous to the Crownes and liues of temporall Princes and also to punish with temporall punishments the teachers maintayners and publishers of the same AN ADMONITION TO ENGLISH Catholikes 1. COnsider with your selues Deare Country-men how greatly this new Oath of Allegiance concerneth you all not only in your temporall states and libertie which in conscience you are bound to regard and not wilfully to cast away and the more if you haue a charge of Wife and Children for whom in nature you are obliged to prouide but chiefly in your soules health which aboue all temporall things in this World you are bound to preferre For what doth it profit a man if hee gaine the whole World and sustaine the damage of his soule Mat. 16. Now if this new Oath bee truely an Oath of temporall Allegiance and ministred by lawfull authoritie as this Treatise doth conuince it to bee doubtlesse you incurre the danger of eternall damnation if you refuse it by disobeying and resisting the iust commandement of lawfull authoritie and the Ordinance of Almightie God from whom all power and authoritie doth proceed For he that resisteth power Rom. 13. or authoritie resisteth the Ordinance of God And they that resist purchase to themselues damnation 2. First therefore it behooueth you that are Lay-men to examine diligently this matter and not to be led hoodwinkd into the pit both of spirituall and temporall miserie especially by blinde and ignorant guides who neither vnderstand nor are desirous to know the true grounds of this important Controuersie and therefore can hardly bee drawne for the informing of your consciences to descend with you in particular to the examination of the lawfulnes or vnlawfulnesse of euery Branch of this Oath which many of them I speak with griefe and not without Booke haue not so much as euer read but to cloake their ignorance vnder colour of Zeale and Deuotion without any further examining they only cry out to you in general termes The Church the Pope the Rocke is that which good Catholikes ought to cleaue vnto not knowing themselues what authoritie is spirituall and due to the Pope or Church and what authoritie is temporall and due to temporall Princes and that the Pope is not the Church but only the chiefe member thereof and that the Popes opinion and consequently his Declaratiue Breues when they are grounded either vpon false suppositions or else only vpon his opinion are not the Rocke whereon Catholikes ought to build their eternall saluation and lastly not considering that many times when Popes and Princes haue beene and shall bee in opposition the Popes both haue bin may lawfully bee and also ought to bee resisted As the resistance which Philip the Faire made to Pope Boniface the VIII who depriued the said King gaue his Kingdome to a Genebrard lib. 4. ad annum 1294. Albertus the Emperour and declared that he accounted them for Heretikes who did not beleeue that the said King was subiect to him in Spiritualls and Temporalls b Vignerius ad annum and the resistance which Lewis the XII made to Pope Iulius the II. by whom he was depriued and his Kingdome c Genebrard lib. 4. ad annum 1503. Guicciardin lib. 11. hist Richeome in Apoleget cap. 24 25. See Brerely in the Preface of his Protestants Apologie c. Sec. 20. 21. seq giuen in pray to any that could take it is well commended by Lewis Richeome Prouinciall of the Iesuites and proposed for an example to be imitated yea and he sheweth that whensoeuer any Bishop of Rome should offend the King of France as those Kings were offended by those Bishops the Iesuites in such an occasion would doe that which good Clergie-men and good French-men together with the said King Philip and Lewis did in those times who defended their rights against those Popes Boniface and Iulius without any irreuerence to the Sea Apostolike And therefore I beseech you Deare Countrey-men to take heed vpon what guides you relye for the directing of your soules in these important affaires and remember that Admonition of our Sauiour Mat. 15. Blinde they are and guides of the blinde And if the blinde be guide to the blinde both fall into the ditch 3. Secondly you that are Priests and haue taken vpon you to guide others in the way to saluation and ought to be alwayes readie to satisfie euery one that asketh you a reason of that faith which is in you 1. Pet. 3 if you thinke in your consciences the Oath to bee lawfull and ministred by good and full authoritie you ought to take great heede that your soules bee not defiled nor your consciences stayned with some worldly respect and that neither hope of gaine or preferment nor feare of want or disgrace keepe you backe from giuing warning to those whom you are boūd to guide direct and instruct to beware of the danger which they are like to fall into by resisting the Ordinance of God if they refuse the Oath when it is tendred them by lawfull authoritie lest that you foreseeing their danger and not
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
Wee most humbly beseech Her Maiestie that in this our recognizing and yeilding Caesars due vnto Her wee may also by Her Gracious leaue be permitted for auoyding Obloquie and Calumnies make knowne by like publike Act that by yeilding Her right vnto Her wee depart from no bond of that Christian Dutie which we owe vnto our Supreme spirituall Pastour And therefore wee acknowledge and confesse the Bishop of Rome to be the Successour of Saint Peter in that See and to haue as ample and no more Authoritie or Iurisdiction ouer vs and other Christians then had that Apostle by the gift and commission of Christ our Sauiour and that Wee will obey him so farre forth as we are bound by the Lawes of God to doe which we doubt not but will stand well with performance of our Duty to our Temporall Prince in such sort as we haue before professed For as we are most ready to spend our bloud in the defence of Her Maiestie and our Country so we will rather lose our liues then infringe the lawfull authoritie of Christs Catholike Church William Bishop Iohn Colleton Iohn Mush Robert Charnocke Iohn Bosseuile Anthonie Hebborne Roger Cadwallader Robert Drury Anthony Champney Iohn Iackson Francis Barneby Oswald Needham Richard Button This Protestation of the thirteene Catholike Priests to which a great number more would haue subscribed if the Articles which those Priestes gaue vp to the State had beene returned them backe but some few dayes before the end of the time prefixed to them by the Proclamation to make known to the State their Allegiance was the ground and foundation from whence the Parliament as the Lord Archbishop of Canterburie D. Bancroft told a friend of mine framed the forme of this new Oath of Allegiance as agreeable to the doctrine which any Catholike subiect according to the grounds of true Catholike Religion might lawfully maintaine to make thereby a true distinction not betweene Protestants and Catholikes but betweene ciuilly obedient Catholikes and in all other things good Subiects and such other Catholikes as in their hearts maintained the like violent bloodie maximes that the Powder-Traitours did See beneath in the third Obseruation And doubtlesse whosoeuer will compare the new Oath and their Protestation together and doe withall consider that Queene Elizabeth was long before that time depriued of all Regall power authoritie dignitie and Iurisdiction by the Bull of Pius Quintus and also obserue vpon what assured grounds and principles those Priests could lawfully acknowledge her Maiesty to haue as full Authority Power and Soueraignty ouer them and all the Subiects of this Realme as any Her Predecessours euer had and also could lawfully promise that they would yeild to Her Maiestie all Obedience in Temporall Causes notwithstanding any authority or any Excommunication whatsoeuer denounced or to be denounced against Her Maiestie or Her Subiects as is aforesaid he will cleerly perceiue that their Protestation is all one in effect and substance with this new Oath of Allegiance and that the only difference betwixt them is that in the Oath the Popes authority to depose the King c. is expresly and in plaine wordes denyed and in their Protestation the deniall thereof is only couertly vertually and by a necessary consequence implyed notwithstanding all the euasions tergiuersations turnings windings sayings and vnsayings which any one of these Priests if for some worldly respect or other motiue hee should now repent him of what he had done could to excuse himselfe from Periurie possibly vse or inuent A Copie of Master Iohn Colletons Petition to the Lord Archbishop of Canterburies Grace wherein hee confirmeth his former Protestation many yeeres after the new Oath of Allegiance was established IF your Grace and the State saw the present affections of my heart and were pleased to looke on my carriages past neyther trouble some or vnrespectiue I hope the fauour I am to desire albeit it may seeme extraordinary yet the same could not altogether be deemed vnworthily extended The voluntarie and free Recognition I made in the late Queenes Reigne as it then sufficed and is now extant in print so doth it still witnesse the readinesse of my professed Allegiance in all Secular and Ciuill affaires Neither haue I bin am now or by Gods grace euer shall be otherwise affected then in like sort to acknowledge his Maiestie that now gouerneth for my lawfull Dread Soueraigne obey in all Politicall administration and defend his sacred Person Crowne and Dominions to the vttermost of my power against all enemies of what place and calling soeuer The commiseration I most humbly beseech your Grace to take of my aged yeeres accompanied with sundrie infirmities is to stand so good Lord vnto me as to enlarge me vpon sufficient securitie for my appearance before your Honour at the time your Lordship shall thinke fit to assigne An euident meane of lengthing my life beside the easing of the heauy charge my imprisonment imposeth I would very gladly haue beene herein my owne Sollicitour in person but that I hold the boldnesse greater in respect of my disgracefull state then I durst to aduenture on without your Lordships good liking thereunto first vnderstood 26. of March 1610. Your Graces most suppliant Petitioner IOHN COLLETON A Copie of the Declaration and Acknowledgement which Master Iames Houghton alias Thomas Green a Religious Priest of the Order of Saint Benedict and professour of Dininitie made vnder his owne hand writing to the Lord Bishop of Durham the first of Nouember 1619. touching his opinion of the Oath of Allegiance Iames Houghton alias Thomas Green his opinion touching the Oath of Allegiance 1 FIrst I do ingenuously confesse that his Maiestie had very iust cause by occasion of that most trecherous plot of the Gunpowder-Treason to propose to all his Subiects English Catholikes 〈◊〉 Oath of ciuill fidelitie and obedience due vnto Kings both by the Lawes of God and Nature and that in most effectuall and peremptory termes for tryall of their fidelity and loyalty to Hâ—… Maiestie their true Soueraigne Lord and King 2. Secondly it seemeth to me that the Church had done her dutie if she had shewed her dislike of that odious practice of the Gun-powder-Treason by some publike declaration in detestation thereof both for his Maiesties satisfaction and for the confirmation of his Catholike Subiects in their fidelity and allegiance vnto Him 3. Thirdly I doe ingenuously confesse that to me it seemeth most true that the doctrine which approueth murthering of Kings by their owne Subiects or any else is both damnable and hereticall yea though it be in casu Apostasiae a fide aut Infidelitatis in case of Apostasie from faith or of Infidelitie 4. Fourthly I do ingenuously grant that it seemeth to mee in my priuate iudgement that there is nothing in the Oath but that it may according to Roger Widdrington his Glosse and Exposition be lawfully taken of English Catholikes His Maiesties Subiects though some both Learned and Religious hold
the contrarie Yet I finde three scruples concerning the Oath which cause mee to entreate some further time of consideration and conference for my better satisfaction The first is concerning the Romane Councell vnder Gregorie the seuenth and the Councell of Lateran sub innocentio tertio whether they haue defined any thing in this point The Second is whether it bee fit for mee to oppose my priuate iudgement to two Breues of the Pope that say in the Oath there bee many things contrarie to faith and saluation though they expresse not any thing in particular The Third is whether by taking the Oath I shall not giue scandall to many learned Priests and Catholikes who refuse it and for refusall hazard their liues and Estates In regard whereof I humbly pray further respite for better consideration and confererence And in the meane time I promise and vow to be a true faithfull Sabiect to His Maiestie His Successours during my life and so am fully resolued to continue notwithstanding any Sentence from the Pope whatsoeuer of Excommunication Deposition or Absolution of his Maiesties Subiects from their naturall obedience to Him and his Heires c. for whom I most affectionately pray God of his infinite mercie specially to direct and assist in all their actions and proceedings Thomas GREENE But as touching the three scruples mentioned in the fourth Article it is to bee obserued that all of them are particularly and verie cleerely answered by Roger Widdrington Widdringt in Discuss Discuss part 3. sec 2. in detectione calum D. Schulck §. 7 nu 16. seq And first to the Councell of Rome vnder Pope Gregorie the Seuenth hee sheweth that in the Canon Nos Sanctorum nothing is defined if wee regard the rules which Cardinall Bellarmine alleageth to make a true definition Bell. lib. 2. de Rom. Pont. c. 12. neither is there any mention made in that decree of any consent of the Bishops who were present and that albeit any thing mentioned in that degree had beene expresly defined yet considering that it is a probable doctrine that the Popes definitions in a Prouinciall Councell as was that Romane Councell are vncertaine and fallible they cannot make the doctrine which they define to be certaine and the contrarie to bee improbable Secondly hee sheweth that neither from the words of that Canon it can bee gathered that the Pope hath authoritie to depriue Soueraigne Princes but only inferiour Lords and Magistrates by the consent and authoritie of those absolute Princes to whom they are subiect in temporalls and that therefore that Canon Nos Sanctorum is to bee vnderstood only of those who are subiect to the Pope in temporalls and hath force to binde only in his owne Territories or it was confirmed by the consent and authoritie of other absolute Princes as many learned Canonists mentioned by Pope Innocentius Hostiensis and Ioannes Andreas expound the Canon Ad abolendam de haereticis In can Ad abolendam And as concerning the Dictatus Papae which Lessius vrgeth and attributeth to a Roman Councell wherein it is expresly said Widdringt in Disput. Theol. cap. 3. sec 1. That the Pope hath power to depose the Emperour That he hath power to absolue subiects from their Allegiance Widdrington sheweth that they neither belong to any Romane Councell nor containe any definition but only a declaration of the said Pope Gregories opinion who thought hee had such authoritie and that hee might lawfully practise it wherein neuerthelesse as being a thing neuer heard of before that Age saith Onuphrius Onuphrius lib. 4. de varia creat Rō Pont. hee was greatly and might lawfully be contradicted by true and vertuous Catholikes as also at this present many other opinions of Popes concerning their Dispensations and Absolutions in other things are contradicted by vertuous and learned Catholike Diuines To the Councell of Lateran Widdrington hath answered at large both in a peculiar Treatise of the Decree of this Councell against Lessius and also in his Confutation of Fitz-herberts Reply wherein hee sheweth that according to the doctrine and exposition of famous and learned Canonists and Diuines the Decree of this Councell neither was nor could be vnderstood of Emperours Kings and absolute Princes who in temporall matters wherein they are supreme and subiect to none but God are not comprehended vnder any generall names if the matter be penall and odious and much lesse vnder the generall name of a Temporall or Principall Magistrate or Lord as neither an Abbot is in penall and odious matters comprehended vnder the generall name of a Monke nor a Bishop vnder the generall name of a Priest but that it is only to be vnderstood of Dukes Earles Maiors Bailiffes and such other inferiour temporall Lords and Magistrates as likewise by the names of a Temporall and principall Lord or Magistrate they are comprehended in the Emperours Decree who vseth the verie same generall words and that therefore this Decree of the Lateran Councell had force to bind only in the Popes temporall Dominions or it was confirmed by the authoritie and consent of Soueraigne Princes to whom such inferior Lords and Magistrates were subiect To the second Scruple concerning the Popes Breues Widdrington hath fully answered in his Theologicall Disputation and more at large in his Answere to Fitz-herbert Cap. 10. sec 2. part 3. cap. vlt. and partly in the last Chapter of this Treatise wherein hee sheweth that it is no disobedience or irreuerence not to obey these declaratiue Breues being grounded vpon false suppositions as he conuinceth them to be and that it is not only fitting but necessarie for euerie good and vertuous Catholike not to obey any such Breues especially when they command a thing which is in preiudice of a third person as is the forbidding of this Oath which is so preiudiciall not onely to His Maiestie and his subiects but also to the temporall Soueraigntie of all other absolute Princes To the third Scruple concerning the scandall Widdrington hath fully answered partly in the Preface of his Apologeticall Answere nu 21. cap. 10. sec 3. and more fully in his Theologicall Disputation wherein hee hath shewed that if the Oath be lawfull and doth not containe any falshood or iniustice but is an Oath of true temporall Allegiance and ministred by good and full authoritie as this Treatise doth make manifest it is no giuing of scandall to take the Oath but that those Priests and Catholikes doe giue great scandall by refusing it and giue iust occasion to all Protestant Princes and subiects to thinke that true temporall Allegiance due to a temporall Prince cannot according to the grounds of the Catholike Roman Religion stand with true spirituall obedience due to the Pope and other spirituall Pastours whereby they mightily wrong all temporall Princes they greatly scandalize the Catholike Roman Religion as much as much as in them lyeth they seeke to auert all Protestant Princes and
Oath that doe any way appertayne to the Ciuill and Temporall Obedience due to His Maiestie whom hee acknowledgeth for his true and lawfull King and Soueraigne ouer all His Domioions And Martinus Becanus a famous Iesuite in the first Edition of his Controuersia Anglicana writeth thus Becanus in Controuersia Anglic cap. 3. p. 102 And truly to me it is certaine that all the parts and propositions of the Oath are not false if they bee well declared For these are true first that King Iames is lawfull King of England Scotland and Ireland Secondly that in the same Kingdomes he is the Supreme or Soueraigne Lord in Temporalls 2. First therefore if wee consider the end of this Oath which is only to make profession of our temporall Allegiance and to make a true distinction not betwixt Catholikes and Protestants c. the expresse declaration of His Maiestie and the rules before mentioned in the second and third Obseruation it is euident that by those wordes Soueraigne Lord is not to be vnderstood the Kings Supremacie in Spirituall and Ecclesiasticall but only in Temporall and Ciuill causes 3. Secondly it is also euident that albeit by force of the expresse wordes and the plaine and common vnderstanding of the same to which the seuenth branch of this Oath tyeth the swearer wee are bound only to acknowledge that King Iames is lawfull and rightfull King of this Realme and of all other His Maiesties Dominions and Countries and not that Hee is the Soueraigne Lord of the same both for that those words Soueraigne Lord are put only ex parte subiecti and not ex parte predicati and therefore by vertue of the words are not affirmed as likewise he that stileth the Pope most holy and most blessed doth not affirme him to bee most holy and most blessed vnlesse the words most holy most blessed be put ex parte predicati also that if we regard the force and vertue of those words Soueraigne Lord they haue not the same sense which the words lawfull and rightfull King haue seeing that one may be a lawfull and rightfull King and yet not the Soueraigne Lord of His Kingdome as if the Emperour should make the great Duke of Toscan King of Hetruria he would be lawfull and rightfull King of that Countrie and yet not the Soueraigne or Supreme Lord of the same because hee is as a feudarie subiect to the Emperour Neuerthelesse because the lawfull and rightfull King of England is also the Soueraigne Lord of the same by reason and vertue of the matter we may lawfully and if it bee demanded at our hands are bound to acknowledge and sweare that King Iames is not only the lawfull and rightfull King of England of all other His Maiesties Dominions but also the Soueraigne or Supreme Lord of the same And in this sense both the XIII Priests and also M. Greene vnderstood the word Soueraigne in their Protestation and Declaration 4. Neither is it to the purpose which some obiect that the King of England is the Popes Vassall and as a feudarie subiect to him in Temporals and therefore the Pope and not King Iames is the absolute Soueraigne and supreme Lord in Temporals of this Kingdome For although wee should absurdly admit that for the title and clayme of Temporall Soueraigntie which the Pope pretendeth to haue ouer this Kingdome by vettue of some grant of former Kings may bee brought some probable proofe as there cannot seeing that it is euident that no King of England hath authoritie to giue away His Kingdome or make it subiect in Temporals to another Prince without the consent of the Kingdome it selfe and that no colour of any probable proofe can bee brought from any Authenticall Instrument to shew that the Kingdome of England euer consented to any such grant yet considering that no probable title can bee a sufficient ground to depriue any man of that Right Dominion or any other thing which he actually possesseth but such a title must bee most certaine and out of all controuersie as I shewed aboue in the Fift Obseruation it is manifest that notwithstanding any such probable title euery subiect of this Land may lawfully acknowledge by Oath that King Iames is not only the lawful and rightfull King of this Realme and of all other His Maiesties Dominions and Countries but also the Soueraigne or supreme temporall Lord of the same CHAP. II. The Second Branch of the Oath and an Explication thereof 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 Maiesties Royal Person State or Gouernment or to any of His Maiesties subiects within His Maiesties Dominions 1. This Branch supposing the former Obseruations hath in it no difficultie at all although wee should admit that the immediate obiect thereof or which is all one that which in this Branch by force of the words we are bound immediately to sweare is not only our sincere acknowledgement and perswasion but also that absolutely and assuredly the Pope hath not any authoritie to depose the King c. For considering that the whole tenour of this Branch tendeth to practise namely to depose to dispose to inuade annoy beare Armes rayse Tumults offer violence or hurt and to discharge subiects of their Allegiance and also that it is a doctrine approoued by many learned Catholikes and who haue examined all the arguments on both sides and consequently that it is truely probable that the Pope hath no authoritie to depriue Princes or to dispose of their Temporals it is as cleere and manifest that any man whether hee bee the Kings subiect or no what opinion soeuer he followeth in speculation concerning the Popes authoritie to depriue Princes yet hee may as certainly acknowledge and sweare that the Pope hath no authoritie to depose the King that is to practize his deposition or any other of those things mentioned in this Branch as it is cleere and manifest that hee may certainly acknowledge and sweare that the Pope hath no authoritie to commit open iniustice and that in a doubtfull vncertaine and disputable case the condition of the possessour is to bee preferred 2. Neither doe temporall Princes or other priuate men that haue any thing in their possessiō greatly regard what learned men who by the subtiltie of their wits can easily finde out some probable colour of a broken and pretended title may speculatiuely dispute in Schooles concerning their titles so that in practice notwithstanding such disputations and speculations they bee secured from
being put out of that which they really and bona fide doe possesse And doubtlesse most miserable were the state of all men that possesse any thing of worth and much more of Princes if vpon a title which some learned mâ—n may in speculation approoue it were lawfull to inuade their possessions before a lawfull Iudge and who is certainly knowne so to bee hath decided and determined the title or controuersie To preuent which mischiefe all Natitions being guided herein by the light of naturall reason haue agreed in this manifest principle that it is open iniustice to put any man out of his possession vpon any title which is not most certaine and free from all controuersie vntill a lawfull and vndoubted Iudge hath decided the matter I said a lawfull and vndoubted Iudge for if it be doubtfull vncertaine and questionable whether he be a lawfull and competent Iudge to determine that cause his decision cannot be sufficient to end the controuersie For which cause the Pope is not to bee accounted a lawfull and competent Iudge to decide this question concerning his owne pretended authoritie to depriue Princes for that it is a controuersie among learned Diuines and approued by very many as Pope Adrian the Cardinaell of Cambray the Cardinall Cusanus the Cardinall Panormitan the Cardinall of Florence Master to Panormitan Iohn Patriarch of Antioch Abulensis Ioannes Parisiensis Ioannes Gerson Iohn Maior Almaine and almost all the Vniuersitie of Paris cited by Widdrington Widdring in the discouerie of D. Schulkeuius slanders §. 7. that the Pope is not a competent Iudge to decide or define infallibly any doctrinall point and much lesse in his owne cause without a true and vndoubted generall Councell and therfore although he should hereafter as yet he hath not attempt to define and decide this question his decision could not end the controuersie nor giue sufficient warrant to any man to practize the deposition of Princes vpon so doubtfull vncertaine and questionable power or title 3. Neuerthelesse it behooueth temporall Princes to be very carefull that their titles to the Dominions which they lawfuly possesse be not so much as speculatiuely or only for Disputation sake disputed pro and contra by learned men least that some ignorant or turbulent spirits which either doe not know or of set purpose to colour their practices vnder a pretence of a probable title will not take notice of the manifest difference betwixt speculation and practice may take occasion thereby to disturbe the publike peace and to molest annoy or to offer any violence or hurt to their Royall Persons States or Gouernment For which cause the Parliament of Paris hath with great wisdome and reason oftentimes by publike Edicts ordained See beneath in the end of this Treatise some of these Decrees that the doctrine of deposing their Kings should not bee so much as taught and maintayned to bee probable or problematike that occasion be not giuen to seditious spirits who know not or will not take notice of the difference betwixt speculation and practice to attempt vnder pretence of a probable title any violence against the Crowns or sacred Persons of their Kings And the reason is manifest for that the temporall Common-wealth hath good and full authoritie to forbid the teaching and publishing of any doctrine which is not necessarie whereby probable danger to the Crownes and liues of temporall Princes and perturbations in the Common-wealth may arise 4. First therefore by those words of this Branch nor by any other means with any other it is euident that the Parliament which representeth the whole bodie of the Kingdome or Common-wealth did not intend to meddle with the authoritie which the whole Kingdome or Common-wealth may according to the opinion of some Doctors pretend to haue in some cases ouer their soueraign Prince as Lessius and others whom the Authors of the Prelate and the Prince doth seeme to follow doe idly obiect And although the meaning of those words were to deny that the whole Kingdome or Common-wealth hath no authoritie to depose their King yet considering that it is also a probable doctrine approued by many learned Catholike Diuines and Lawyers cited by Widdrington Widdr. in Apolog nu 111. and in his Answere to Fitz-herb part 3. cap. 11. nu 36. 37. that the Common-wealth hath no such authority it is also lawful for any man of what opinion soeuer hee bee in speculation concerning this authoritie of the CoÌ„monweath to acknowledge and sweare that the Common-wealth hath no more authoritie to depose the King that is to practize his deposition then she hath to commit open iniustice But the true meaning of His Maiestie and the Parliament is as the words themselues doe plainely signifie only to deny the Popes authoritie to depose c. to wit that the Pope neither of himselfe that is neither as a sole and totall cause nor by any authoritie c. that is neither as an Instrument or Minister of the Church or See of Rome nor by any other meanes with any other that is nor as a principall or true and proper partiall cause or Agent hath any authoritie to depose the King c. 5. Neither by those wordes or to authorize any forraigne Prince to inuade or annoy Him or His Countries did His Maiestie and the Parliamenâ— intend to denie the authoritie which temporall Princes may haue in somâ— cases to make warre against their neighbour Princes and consequently against His Maiestie if he should giue them iust cause of warre yet euer obseruing that no probable power cause or title can bee a sufficient ground to punish any Prince or to inuade His Countries but as the expresse words do plainly shew only to deny the Popes authoritie to authorize any forraigne Prince to inuade or annoy Him or His Countries because all the authoritie which temporall Princes haue to make warre or to inuade the Kingdome of an other Prince for what cause crime or end so euer it bee is deriued from their temporall Soueraigntie grounded vpon the Law of Nature or Nations not from the Popes authoritie And likewise all the authority which the temporall Common-wealth may pretend to haue in some cases to rise vp in Armes against their Prince is not deriued from the Popes warrant license or authoritie but if there be any such power from the Law of Nature And therefore with great reason this Clause denyeth in the Pope all power and authoritie to authorize any forraigne Prince to inuade or annoy His Maiestie or his Countries or to giue license or leaue to any of his subiects to beare Armes rayse Tumults or to offer any violence or hurt to His Maiestis Royall Person State or GouernmeÌ„t because although they shuld haue any such authoritie leaue or licence wherewith His Maiestie and the Parliament would not in this Oath intermeddle they haue it not from the Pope but from the Law of Nations or Nature 6. Secondly in this Branch is not
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
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