that he acknowledged himselfe vnable to effect it yet at last wonne by their importunitie they being his friends promised to do the best he could hoping they would when they saw it with their memories helpe to supply his defects The same afternoone he began to set downe in writing the Popes speech in his owne phrase and stile as neare as he could remember and when he had done he commanded me being one of his Chaplains and two other of his gentlemen to write out copies thereof which he after presented to the Cardinals his friends who had importuned him to that labour Afterwards they gaue him thankes saying that it was the very Oration which Sixtus had vttered in Consistory and as I was enformed the Pope himselfe liking his doing therein said it was his speech indeed By this meanes the Oration was set forth and published among diuers particular friends and so I reserued to my self a copie which I sent as I haue said soon after to my beloued friend M. William Reynolds And as far as my memory serueth me this here printed according to the Parisian copie doth well agree with the originals first written in Rome for I do yet perfectly remember the beginning out of Abacucke to be the same likewise the facts of Eleazar and of Iudith with the circumstances to haue bene in that Oration as also the circumstances of the Friars going to certaine aduersaries of the league for letters of credence to the King Brisac then prisoner in the Bastile his going forth of the gate so dangerously and his passage through the heretickes campe to his Maiestie with other like circumstances there specified But whether the Pope in this his Oration approueth or alloweth of the Friars fact killing his King for that he had caused the Cardinall of Guise Archbishop of Rhemes to be put to death was esteemed of some a tyrant and fauourer of heretickes or onely admired the prouidence of almightie God as Cardinall Bellarmine in Tortus affirmeth I do not presume to define but leaue it to the consideration of each prudent reader What if the Pope vpon wrongs done to himselfe as a temporall Prince in Italy should authorize some of his vassals or feudatary Princes to wage warre against our King and inuade his dominions is not this lawfull for him by the law of nations How then doth the Oath say that the Pope neither of himselfe nor by any authoritie of the Church or sea of Rome or by any other meanes with 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 forrein Prince to inuade or annoy him or his countries That his Holinesse as he is a temporall Prince in Italy may vpon iust cause reuenge iniuries offered by attempting the various euents of warre and thereby seeke to annoy his Maiestie or his countries no man I thinke will doubt but can any man hereby inferre that so doing he hath more authoritie to depose our King or dispose any of his Maiesties kingdomes or inuade his dominions then hath the Emperour French King King of Spaine or any other secular Prince And in case he should attempt in hostile manner not as he is a spirituall Pastor but a secular Prince by himselfe or by the helpe of any forreine Prince to inuade or annoy his Maiestie or his countries euery good subiect may lawfully and in dutie is bound to take armes in defence of his King and countrey against him no lesse then he ought to do against any other secular Potentate whatsoeuer But our Oath speaketh not of the secular power of the Bishop of Rome which he hath onely by the bountie and liberalitie of temporall Princes or by prescription in the temporall dominions he possesseth but of any authoritie whatsoeuer receiued from Christ or his Apostles as he is Christs Vicar and Peters successor as the words of the Oath seeme to import viz. That the Pope neither of himselfe that is as he is Pope nor by any authoritie of the Church or sea of Rome For thus his authoritie is onely and meerly spirituall which was neuer ordained by God to produce such effects as waging of warre inuasion of kingdomes deposing and dethroning of Princes as hath bene said before but onely to practise spirituall censures to wit excommunication suspension interdiction and such like which maketh nothing for such as refuse the taking of the Oath Another obiection some vse to make for their iustification against the Oath viz That he who sweareth must do his best endeuour to disclose and make knowne vnto his Maiestie his heires and successours all treasons and traiterous conspiracies which he shall know or heare of to be against him or any of them But to be a Priest to reconcile or to be reconciled to the Church of Rome is treason by the statutes of this kingdome Anno 23.27 Elizab. Therefore he is bound by this Oath to reueale Priests and all reconciled persons which no man can do without committing a most grieuous and hainous crime Are not these men narrowly driuē to their shifts trow ye when after labouring their wits to defend their refusall of the Oath they can find no better arguments The words of the Oath import that such as take it must make knowne all treasons and traiterous conspiracies which he shall know to be against him How I pray you can this be vnderstood of any who is not disposed to cauill to be meant of Priesthood and confession of sins or reconcilement to the fauour of God or vnitie of his Church and not rather of such like treasons and traitorous conspiracies as were inuented and should haue bene practised by those late wicked sulphurean traitors These indeed and others of like nature and qualitie are directly against his Maiestie his hieres and successours for repressing and detecting such this Oath was inuented and the Act framed not for disclosing Priests or reconciled persons who acccording to the intentiō of the Act are no such traitors as long as they enter not into any treasonable practise against his Maiestie and the State whereof God forbid all Priests should be guiltie And I trust both his Maiestie most learned and wise together with his graue and prudent Councell in their wisedomes know that besides some few who haue already giuen good proofe of their loialtie and dutifull affection though to their great temporall detriment for the same there are many moe who beare likewise a true English heart to their King and countrey and would be ready to make also proofe thereof if occasion were offered Wherefore supposing it were true that by the letter of the law all Priests Jesuites c. mentioned in the statute are to be reputed traitors and all reconciling treason yet I dare auouch it was neuer his Maiesties nor the lawmakers intent to bind any called to the Oath to reueale such kind of traitours or treasons which is made
other kings of Iuda who were much more wicked then Saul was and on impious Ieroboam that led with him all Israel to Idolatrie Achab Ochozias Ioachaz and the rest of the kings of Israel who exceeded in all kind of impietie in whose dayes florished Ahias Semeias Elias Eliseus Isaias Ieremy and other great Prophets indued with maruellous courage zeale authoritie and sanctitie of life yet none went about to depose or take the crowne from the head of any Prince lawfully inuested though he were neuer so wicked knowing right well that whatsoeuer they wrought with Princes about the ouerthrow of some or setting vp of others or foretold what was to happen vnto them it was not by any ordinarie power that they had but extraordinary by speciall commandement and reuelation from Almightie God Now by this fact of Samuel it may well be deduced that whensoeuer the Pope gouernour of Gods house shall haue speciall reuelation from aboue as Samuel had that such a particular king is to be deposed and another placed in his roome thē it cannot be denied but he may do as Samuel did that is as I haue said he may and ought to declare the will of God reuealed vnto him without any concurrence to the execution thereof onely denouncing Gods sentence of deiection or deposition of such a Prince when he knoweth certainly that so is the will and pleasure of our Lord whose will none may contradict Voluntati eius quis resistit Who is able to resist his will nor is any to expostulate why he doth so And if such a thing should euer happen then were the argument good and sound otherwise weake and of no force If any man after this obiect vnto me that Athalia was deposed and slaine by the commandement of Ioiada the high Priest when she had reigned seuen yeares therefore it seemeth he had authoritie frō God so to do and if he had why should not the Pope haue the like ouer exorbitant Princes For solution hereof I referre him to the place of holy Scripture where he may see with halfe an eye 4. Reg. 11. that Athalia was no lawfull Queene but an vsurping tyrant who had murthered all the kingly race and so intruded her selfe most vniustly Whereupon Ioiada high Priest brought forth and presented to the people Ioas sonne to Ochozias who was strangely preserued by meanes of his Aunt Iosaba when he was but an infant from that tyrannous slaughter made by his Grandmother Athalia and together with their full consents performing the dutie of a good subiect restored the true heire to the right of his kingdome which could hardly haue bene effected without the high Priests assistance who was the chiefest in matters of religion and therefore much honoured and respected of the people So this fact of Ioiada proueth nothing but that it is lawfull for a state or commonwealth to depose an vsurper and restore the true heire to his right and not that he had any authoritie to depose any lawfull Prince were he otherwise neuer so exorbitant in life manners and beleefe or cruell in his gouernment Well Sir though this be granted that neither the Synagogue of the Iewes nor Samuel the Prophet nor Ioiada the high Priest had authoritie to depose Princes and dispose of their temporals yet can we not be perswaded but that the Church of Christ and his Vicar in earth the Pope whose power is not limited to one sort of people as it was in the old law but is extended ouer all Christians as well Princes as people throughout the world may iustly depose kings and dispose of their kingdomes when he shall iudge it expedient to the glory of God and vtilitie of the Church And the rather because this hath bene practised by diuerse precedent Popes vpon certaine Princes in these latter ages for crimes adiudged by them to deserue the same which we suppose they would neuer haue enterprised had they not sufficient warrant out of holy Scriptures or examples of the Apostles and ancient Bishops of Gods Church or else authoritie from the holy Ghost by a definitiue sentence in some generall Councell We pray you touch this point so as you may resolue vs throughly whether they haue all or some of these proofes for that authoritie if they haue not then is it cleare in our opinions not to be de fide and if it be not a point of faith binding all to beleeue that his Holines hath such authoritie we see no reason why vpon his bare commandement we should so deepely plunge our selues into a sea of calamities as of necessitie we must by losing all lands and goods whatsoeuer we haue to the vtter vndoing of our selues wiues and children and hazarding our liues by perpetuall imprisonment for refusing to performe our dutie to our Soueraigne by taking the Oath of allegiance wherein we sweare fealtie and ciuill obedience which is due by the law of God and nature Reddite quae sunt Caesaris Caesari quae Dei Deo Render saith our Sauiour to Caesar that which is Caesars and to God that which is Gods Besides if we refuse it we shall not take away but greatly increase the heauie imputation of treason and treacherie which our aduersaries haue this long time layd on Catholickes and confirme them in this their wrong opinion that to be a true Catholicke of the Romane Church and a good subiect cannot stand and agree together Beloued brethren lest any man be scandalized at this my writing iudging it not to sauour of a true Catholick heart nor of an obedient child of the Apostolicke Church but rather to proceed from an euill affected minde fraught with passion accept for a premunition and I wish I may not be mistaken * that sincerely and without spleene or passion I intend to set downe nothing but what I shall thinke in my opinion to be truth and that I honour and reuerence with heart and mind the holy Catholicke Church of Rome acknowledging and stedfastly beleeuing with the holy Fathers that to be the mother of Churches the Sea of Peter the rocke against which hell gates shall not preuaile the house of God out of which who eateth the Lambe is profane and out of which no saluation is to be hoped for as the great D. S. Augustine and others do teach vs In serm super gestis Emer Donat. and elsewhere Hieron ep ad Dam. Amb. 1. Tim. 3. Athan. ep ad Felicem and that the Pope is the chiefe Bishop and Pastor thereof Christs Vicar in earth and successor to S. Peter prince of the Apostles who by his spirituall power giuen by Christ our Lord hath iurisdiction ouer all Christian Princes and monarchs as well as poore men so farre as is requisite to the conuersion and feeding of soules But I cannot easily be induced to beleeue that this power giuen him by Christ in S. Peter extendeth it selfe to the depriuation or deposition of secular Princes of their dominions or to the deposing
in temporals wherein they ought by the law and ordinance of God to be no lesse obedient then to their Pastors and Prelates in spirituals It followeth now to know what authoritie it is the Pope pretendeth to haue whether Ecclesiasticall or ciuill to depose lawfull Kings and dispose of their temporals and absolue subiects of their bounden dutie and naturall allegiance Which question who so desireth to see it more at large he may reade D. Barclai de potestate Papae and M. Widdrington de iure Principum where it is most sufficiently and learnedly handled and before in this my treatise pag. 17 I haue briefly touched it whereto I adde in this place a word or two more for your better satisfaction Among such Catholickes as refuse to take the Oath of allegiance are many who thinke indeed the Pope to haue no power to depose Kings or dispose of their kingdoms howbeit either vpon pretended scruple of conscience or other humane respects are against the taking and takers of the Oath as if they were little better then Heathens or Publicans And some so simple and ignorant as beleeue that no Pope euer challenged or attempted such authoritie on any Kings or Emperors and that no Iesuit or other learned man allowed or euer taught such doctrine so odious it seemeth vnto them But the wiser sort and more learned know how it hath bene challenged and practised by Popes on the persons of Henrie Otho Fredericke Emperours Iohn King of Nauarre for neither heresie or apostasie and since on Henrie 8. and Queene Elizabeth as by censures do appeare And that it is the moderne doctrine of many both Canonists and Diuines in these latter ages which at the first teaching thereof being so farre dissonant from the writings and practise of all antiquitie was generally adiudged to be noua haeresis as Sigebert reporteth S. Iohn Chrysostome that great Doctor vpon that place of S. Paul 2. Cor. 1. Non dominamur fidei vestrae We ouerrule not your faith Sigebertus in Chro. ad an 1088. Chrysost lib. 2 de dig sacerd c. 3. attributeth such power as forcibly restraines offenders from their wickednesse of life vnto secular Iudges vnder whose dominion they are not vnto the Church because saith he neither is such power giuen vnto vs by the lawes with authoritie to restraine men from offences nor if such power were giuen vs could we haue wherewith we might exercise such power c. So in his time and long after such power of compelling offenders by temporall punishments to conuert to better life was vnheard of to be in Bishops of the Church Cardinall Bellarmine in the catalogue of his ancient writers which he produceth against Barclai for the Popes temporall authoritie ouer Princes beginneth with one who was iudge in his owne cause Gregorie the seuenth that began his reigne in the yeare of our Lord 1073. not able of like to proue it out of any more ancient Father or generall Councell That this Pope was the first that challenged or attempted to practise such authoritie Otho in chro l. 6. c. 35. witnesseth Otho Frisengen a most learned and holy Bishop and highly commended by the Cardinall himselfe lib. 4. de Rom. Pont. cap. 13. Lego saith he relego Romanorum Regum Imperatorum gesta nusquam inuenio quenquam eorum ante hunc à Rom. Pontifice excommunicatum vel regno priuatum c. I reade and reade ouer againe the acts of the Kings and Emperors of Rome and in no place can I find any of them before this to wit Henrie the fourth to be excommunicated or depriued of his kingdome by the Bishop of Rome vnlesse haply any take this for excommunication that Philip the first Christian Emperor who succeeded Gordianus for a short space Euseb hist Eccl. l. 6. c. 25. was by the Bishop of Rome or as Eusebius reporteth of the Bishop of that place where he then resided placed among publicke penitents and Theodosius sequestred by S. Ambrose from entrance into the Church for cruell murther Whereby we may note that this learned man could not find no not one example in all precedent ages of depriuing kings of their regal scepters though of excommunication he proposeth onely these two which may haue some shew of truth for meere excommunication howbeit more probable it is they were not excommunicated at all maiore excommunicatione Then this Author in the next chapter following Otho ibid. c. â—6 describeth the intestine warres destruction of soules and bodies setting vp of Pope against Pope schismes and other manifold lamentable miseries that ensued vpon that fact of Pope Gregory against Henrie the 4 who commanded the Bishops of Ments and Colen to constitute Rodolph Duke of Burgundie Emperor Spec. hist l. 27. and to put downe Henrie whereupon followed a most grieuous warre wherein Rodolphus was ouercome who dying repentant said The Apostolicall commandement and the intreatie of Princes haue made me a trangressor of my oath behold therefore my hand cut off or wounded wherewith I sware to my Lord Henrie not trecherously to practise any thing against his life nor his glorie Who being ouercome the Bishop of Ments by the Popes commandement and with helpe of Saxons raised an other aduersary against the Emperor one Hermannus Knoflock whereupon followed likewise bloudie warres After this Henrie gathering his armie together driueth the Pope into France and setteth vp the Bishop of Rauenna against him whom he named Clement and so caused a schisme This sparsim out of the history Such like calamities are more then probable to fall on people and the Church when Emperors or Kings are so violently proceeded withall assured destruction of many and no hope of the correction of any by such means is like to ensue Was such power trow ye giuen by Christ to his Apostles tending to destruction not to edification No all to edification according to S. Paul 2. Cor. 10. none to destruction Otho Frisengensis in another place of his workes Li. 1. de gestis Frederici c. 1. writing of the Popes excommunicating the Emperour sheweth that Henrie 4. thought it to be such a nouitie as he had neuer knowne the like sentence to be denounced against any Romane Emperor before He liued an 1150. And Sigebert in Chronico 1088. affirmeth the doctrine of Priests By euill kings he meaneth such as are deposed Cont. Barcl cap. 5. teaching that no subiection is to be yeelded to euill Kings and though they sweare fidelitie are not bound to performe it to be noua haeresis a new heresie sprung vp Howbeit Cardinall Bellarmine will tell you that such doctrine and practise began about the yeare of our Lord 700 for before that time there wanted as he affirmeth either necessitie or oportunitie to teach or vse such power By reason of like there were no hereticall Princes impugners of the true faith before that time or that the paucitie of Christian Kings to assist the weake forces
excommunication depose his subiects neither can the Pope as spirituall Prince ouer all And Victora plainly saith thus That a Bishop de iure diuino hath power to excommunicate his subiects ex officio Victor de excom nu 1◠and by ordinary and proper power And what the Pope can do throughout all the world a Bishop may also do in his Bishopricke a few things excepted as to create a Bishop Who disagreeth not with the Cardinall in this that a Bishop is a true Pastor in his particular Church as the Pope is in the Catholicke and vniuersall that he may as well excommunicate the subiects committed to his charge as the Pope may all Princes and people that are sheepe of Christs fold by the authoritie giuen to Peter in those word Pasce oues meat By which Christ indeed constituted him Pastor ouer his flocke marry a spirituall Pastor not a temporall giuing him all authoritie necessary for that office which was only spiritual without coniunction of any other By vertue then of this spirituall authoritie the principall part for gouernment in foro exteriori is excommunication being grauissima poenarum then which none is more grieuous no Bishop can depriue any priuate man whatsoeuer within his Diocesse of the least parcell of his lands or goods that being the office of the ciuill power how then can the chiefe Bishop depriue Kings and Princes of their crownes and dignities the nature of this censure being all one in both Excommunication is defined to be separatio à commumone Ecclesiae quoad fructum suffragia generalia Tho. in suppl q. 21. ar 1. in 4. dist 18. q. 2. c. Excommunication is a separation from the communiō of the Church as touching the fruite and generall suffrages The fruite of the Church cannot be vnderstood of the fruite of temporall goods because these are not taken away from excommunicate persons This S. Thomas plainly shewing that it is beyond the nature of this censure to worke any such effect as to take away temporall goods And in the same qu. ar 3. Sed quia excommunicatio est grauissma poenarum c. But becausce excommunication is the greatest of all punishments therefore excommunication ought not to be inflicted no not for a mortall sin vnlesse the offender be obstinate Tunc enim postquam monitus fuerit c. For then after he shall be admonished if he contemptuously disobey he is reputed stubburne and ought to be excommunicated by the Iudge now not hauing any more to do against him And the same Doctor disputing whether heretickes are to be tollerated saith That after the first and second admonition if yet he be found obstinate Tho. 2.2 q. 11 ar 3. the Church not hoping of his conuersion meaning no doubt such a one as hauing professed the Catholicke faith hath made shipwracke thereof and fallen to heresie prouideth for the health of others separating him from the Church by the sentence of excommunication and further leaueth him to secular iudgement to be put to death Whereby you see that in case yea of heresie the Church can proceed no further then to excommunication after she hath declared and condemned him for his crime Can. corripiantur 24. q. 3. To this agreeth Molanus writing of the condemnation of Iohn Husse and Hierome of Prage by the generall Councel of Constance Mola de fide haer ser l. 2. c. 2 l. 3. c. 4. who as he saith hauing excommunicated anathematized and condemned them for heretickes and hauing no more to do with them deliuered them ouer to Imperiall power by which they were burnt So that temporall punishment of heretickes whether it be by confiscation of goods and patrimonie or death belongeth and is proper to the secular power as the spirituall do to Ecclesiasticall persons Which we see manifest by practise of all Christian countries yea and out owne that no man is to be put to death nor lose his goods vpon excommunication but onely by execution of the Princes law And Cardinall Bellarmine himselfe will confesse Bellarm. in Barcl c. 23. that extra casum haeresit out of the case of heresie by vertue of the sentence of excommunication there followeth not depriuation of temporall dominion or of particular goods or kingdomes and princedomes though saith he by and by Kings and Princes may be for iust causes depriued by the Pope of their kingdome or princedome Variously and ambiguously insinuating that there are other iust causes besides heresie but listeth not or rather as may be supposed cannot set downe what they are for as yet neuer were any determinately made knowne more then such as shall be deemed worthy of depriuation ad arbitrium Pontificis But as farre as I can see his Grace must maintaine other causes as well as heresie otherwise how can the deposition of Henrie Frederick Otho and other Princes be defended to haue bene lawfull who were neuer condemned by the Church for heresie And if there be other causes current to depriue Princes of temporals then there is for priuate men surely the Christian princely state must needs be farre worse then the plebeian or then if they were Heathens or Publicans which were absurd when as God the giuer of all power for correction of men is not acceptor personarum but ministreth iustice equally or indifferently to all all both Princes and people being populus eius oues pascuae eius his people and the sheepe of his pasture If there be any as me thinketh I heare one say that he is not yet satisfied as touching this point but desireth to know the finall cause nature and effects of excommunication let him note wel what the most learned and graue Cardinall Tolet of famous memory and others write thereof Est autem excommunicatio Ecclesiastica censura Tolet. Lib. 1. instruc sacerd c. 4. nu 1. qua homo Christianus bonis fidelium communibus priuatur Excommunication is an Ecclesiasticall censure whereby a Christian man is depriued of the common goods of the faithfull Which goods he faith arc three 1. externall conuersation consisting in mutuall talke and societie 2. participation of sacraments 3. prayers and suffrages of the Church And these in his opinion are not so much the effects as the very nature and substance of excommunication The end whereof Lib. 1. c. 11. n. 1 Li. 1 c. 10. n. 14. without controuersie is the good and vtility of man that he may repent and conuert himselfe to good as he saith Cap. Medicinalis de sent excom in 6. Decret 2. par 24. q. 3. cap. 36 when as excommunication is medicinall not mortall instructing not plucking vp by the roote Which agreeth with the Epistle of Pope Vban set downe in the Canon law Liquido apparet aliud esse excommunicationem aliud eradicatiouem c. It euidently appeareth that excommunication is one thing eradication another For he that is excommunicated as the Apostle saith to this end is excommunicated that
taken without deniall of their faith neuer shewing them any particular point which it is for to say truth they cannot So then their bare word must be beleeued as an oracle or else in fine with a bat they will beate men downe The Popes commandement not hauing ought else to say which may conuince It may be admired they make no more conscience in such an important businesse as this is not hauing the Churches definition nor ancient Fathers approbations for their assertions After all some burst forth in most vncharitable railing slanderous backbitings against such priests as in conscience haue performed their dutie in taking it and persist in teaching the lawfulnesse thereof withdrawing friends and charitable almes from them counselling some and commanding others not to resort vnto them as I haue bene credibly told by some that haue themselues bene forbidden and much more such like dealings which shall not be here rehearsed Ignosce illis Deus quia nesciunt quid faciunt These ought not to be the proceedings neither of good subiects nor of discreete guides of mens soules or true disciples of Christ who are made knowne to all by a notorious cognisance commonly called loue or charity giuen by our Sauiour Christ In hoc cognoscent omnes quia discipuli mei estis Ioan. 13. si dilectioneÌ„ habueritis Adinuicem In this all men shal know that you are my disciples if you haue loue one to another Which badge were to be wished more visible then it is in some that pretend to be true followers of Christ Now to the authoritie of S. Paul may be answered that an hereticke so taken condemned and denounced by the Church is to be auoided in his heresie to be taken heed of that he be not seduced by him haeresis enim serpit vt cancer for heresie creepeth as a canker and in humane conuersation also when there is hope to reduce him thereby to a better mind Vt spiritus saluus sit But as no Catholike is by the lawes of this realme to be accompted a Recusant till he be conuicted so is none by the lawes of the Church to be reputed an hereticke to be auoided till he be by her admonished condemned and denounced for such which is neuer without pertinacie in heresie And what maketh this for them that say we denie the Popes authoritie God forbid that I by his grace a Catholicke priest should euer denie the Popes spirituall power to excommunicate any Prince or people that were once incorporated into the body mysticall of Christ by Baptisme but as I haue denied excommunication of her owne nature to extend to deposition and taking away of temporals so I may not grant that euery excommunicate person is to be abandoned of all and debarred of all humane society and conuersation Though humane communication esteemed one of the common goods is found also among the faithfull as to eate together to salute to talke negotiate and such like yet this sort of communication belongeth not to them properly as they are Christians and members of the Church but as they are citizens parts of the body politick And as they are such they are bound to adhere vnto the head of this body their Prince not to forsake but obey him in all iust ciuill causes notwithstanding any sentence of excommunicatioÌ„ as hath bene proued before out of Syluester Panormitan others which is not to deny the Popes power No if you reade Tortus and beleeue him I know you wil change your opinion for vpon those words That the Pope neither of himselfe nor by any authority of the Church or Sea of Rome hath any power or authority to depose the king c. or to discharge any of his subiects of their allegiance and obedience to his Maiestie c. He writeth thus Torâ—us par 3. Here it is manifestly seene that this Oath doth not containe onely ciuill obedience in things meerely temporall as the Authour of the Apologie our Soueraigne so oft hath repeated but it containeth also a denyall of the Popes power which is not a thing meerely temporall but a holy thing and giuen from aboue which no mortall man can take away or diminish It is strange that his Maiesties oft repetition of a truth nothing to be contained in the Oath or required but ciuil obedience seemeth irkesome to the Cardinal it being very necessary wheÌ„ men will not vnderstand but his Grace goeth not about to disproue it And who I pray you is a better interpreter of a law when doubts or difficulties arise then he that made the law If it containes a deniall of the Popes power his Grace should haue done well to haue proued it and shewed wherein Though the Cardinall for many respects ought of me somtime not vnknown vnto him highly to be reuerenced and his writings credited yet in this matter to me most cleare I must craue pardon if I differ from him in opinion and write otherwise not being able after study and diligent search of this matter to see it so manifest as his Grace wold make his reader beleeue It is most manifest the ancient Fathers neuer taught so viz. to be in the Popes power to depose Kings nor discharge subiects of their loyaltie and dutifull obedience the Church neuer yet defined it so can I then be so credulous to beleeue his bare word without better proofe His ipse dixit in this will not be sufficient The other florish to leade away a simple and inconsiderate reader forsooth that the Popes power is spirituall a holy thing from heauen c. is somewhat vainely and to no purpose inserted for no Catholicke denieth it and we that haue taken the Oath of allegiance are readie with Gods grace if need were to shed our bloud in defence therof and euerie point of Catholicke faith albeit we suffer disgraces and neuer receiued temporall benefite nor euer tooke oath vsque ad effusionem sanguinis inclusiuè so to do as the most illustrous and most reuerend purple Fathers are accustomed to take when in publicke consistory they receiue their hats The Cardinall in Tortus goeth on further to prooue by subsequent words in the Oath that the Popes spirituall power is denied Parag. 4. which were enough to terrifie Christian subiects if it were true The words are these Also I do 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 successors 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 subiects from their obedience I will beare faith and true allegiance to his Maiestie his heires and successors Here saith the Card. is openly denyed that the Pope hath power to excommunicate Kings though they be heretikes Note his proofe For how saith he can a Catholicke lawfully and iustly sweare that he will
the Sorbons in Paris holding peremptorily as I haue said a Councell to be aboue the Pope will any man of iudgement say that the position is her esie and they hereticks Costerus and other learned men do cleare them from such a note and they are still ready to defend themselues against any that shall accuse them thereof Likewise if any abhorre drunkennesse detraction sowing discord betweene brethren and friends as he abhorreth heresie can it be said that drunkennesse detraction or sowing discord though they be great sins and abound in too too many is heresie it were too fond and childish This As signifieth here a similitude not an equalitie and all know that nullum simile est idem which may serue for one answer And for a second let it be granted that such as sweare thinke it indeed to be heretical doctrine albeit the Church hath not defined it so that Princes which be excommunicated or depriued by the Pope may be deposed or murthered by their subiects c. what absurditie is like to follow I haue already as I trust sufficiently proued that neither Bishops nor the Pope by their spirituall censure haue authoritie to dispossesse any priuate man or Prince be he neuer so peruerse an hereticke of his lands goods or temporall dominions for that it is against the essence or nature of excommunication to worke such an effect It is likewise proued to be against the law of God for children seruants and subiects to disobey their parents maisters and Princes commanding iustly notwithstanding any excommunication denounced against them which is the Churches period beyond which she may not go it being onely a depriuing of the common goods of the Church appertaining to Christians Now what doctrine soeuer is repugnant to Scripture euery word thereof being de fide may well be accounted heresie and as such abhorred and abiured for haeresis est circa ea quae sunt fidei Tho. 2.2 q. 11. ar 2 heresie is about those things which belong vnto or are of faith Such is the dutie of subiects to their lawfull Prince and of all inferiors to their superiors Then is it heresie directly to say that it is lawfull for subiects or any other whatsoeuer who is not his Iudge and superior in that kind to murther him it being expresly against a diuine precept Non occides and this saying of our Sauiour Matth. 26. Omnes qui acceperint gladium gladio peribunt All that take the sword shall perish with the sword By which are vnderstood all such as assume to themselues authoritie to vse the materiall for reuenge Iansen in â—unc locum before it be granted them by the Prince who onely hath his authoritie by the diuine ordinance which ought not to be resisted by subiects or others For as Cunerus writeth Cun. de offic Princip l. 4. c. 12. Nulla pacta vel contractuâ— No couenants or contracts may preiudicate the diuine ordinance whereby a King hath his power that the people at any time may take armes against their King And in my iudgement it may be admited that any Catholick wil stick at this point here being no mention of the Popes deposing that which many stand vpon but of subiects or any other whatsoeuer vnlesse they will ranke him among these whatsoeuer which ought not so to be vnderstood But if they will vnder this generall word vnderstand also the Pope yet may it be said it is heresie to wit May be murthered which cannot be vnderstood but of killing vniustly and without authoritie If you say that the other part May be deposed was neuer declared nor adiudged heresie and therefore the Oath cannot be taken because bonum is ex integra causa and malum ex singulis defectibus then one part not being hereticall how can this clause be lawfully sworne that Princes which be excommunicated may be deposed to be damnable and hereticall doctrine This indeed is such an obiection as in the iudgement of diuers cannot be answered and whereupon many pretend to haue great reason to stand but let all passion be layd aside lending me an indifferent care with Gods assistance such a solution may be framed as shall satisfie I trust and solue the difficultie In our Oath no man sweareth nor is vrged to sweare nor by the law ought to sweare further then the expresse words of the Oath which are after this sort as is also noted before pag. 119. And I do further sweare that I do from my heart abhorre detest and abiure as impious and hereticall What Note wel this damnable doctrine and position What position Forsooth that Princes which be excommunicated or depriued by the Pope may be deposed or murthered by their subiects c. This position is sworne not per partes by peecemeale but coniunctiuely and wholly as it lieth and so it cannot be denied but it is impious and hereticall doctrine heresie here being affirmed not on the parts of the position separated but on the 〈◊〉 hole together For in a sentence affirmatiue disiunctiue proposition or booke if any part be defectuous false or hereticall albeit some part thereof be true and sound doctrine it may wel be said that the whole sentence proposition or booke is defectuous false Gress l. 1. consider Pag. 47. or hereticall as Gretserus writeth Then that May be deposed closed in one proposition with the other part or murthered which is hereticall the whole position as it lieth must needes ber said and may be sworne to be hereticall For example The Inquisition vseth to condemne as a scandalous or hereticall booke if there be but one onely Chapter or sentence of scandalous or hereticall doctrine contained therein though all the rest be found and Catholicke And may not any man lawfully sweare that booke so condemned to be scandalous or hereticall albeit all the whole is not such or that man to be an hereticke which erreth against one onely article of the Catholicke faith But if the two parts of the proposition you thinke are sworne diuisim and by parts not coniunctim or totally together then let impious go with the first part may be deposed and hereticall with the latter or murthered and I cannot see how you can deny but so it may besworne If any will yet stand vpon the word abiure as I heare many do saying It signifieth not onely simply to deny a thing with an oath as al Dictionaries vnderstand the word but by oath to deny that which once he held before then he that neuer held the doctrine and position aboue named cannot take this Oath because he may not abiure that opinion which he neuer held But this will manifestly appeare to him that hath any experience in the practise of the Church to be false For let any be conuented into the Inquisition for any one heresie whatsoeuer as Anabaptisme Brownisme c if afterwards he repent and conuert to the Catholicke faith he shall be required and must of necessitie abiure
A MODERATE DEFENCE OF THE OATH OF ALLEGIANCE Wherein the Author proueth the said Oath to be most lawful notwithstanding the Popes Breues prohibiting the same and solueth the chiefest obiections that are vsually made against it perswading the Catholickes not to resist soueraigne Authoritie in refusing it Together with the Oration of Sixtus 5. in the Consistory at Rome vpon the murther of Henrie 3. the French King by a Friar Whereunto also is annexed strange Reports or newes from Rome By WILLIAM WARMINGTON Catholicke Priest and Oblate of the holy congregation of S. Ambrose IEREM 4. Iurabis Viuit Dominus in veritate in iudicio in iustitia Thou shalt sweare Our Lord liueth in truth in iudgement and in iustice Permissu Superiorum An. Dom. 1612. An Admonition to the Reader THe purpose of the Author in this Treatise is to manifest vnto such as imbrace the Romaine faith that they may take the Oath of allegiance vnto his Maiestie without any preiudice vnto the same And therefore if in this his ensuing discourse he hath inserted any peculiar doctrines of the Church of Rome those that are of an aduerse perswasion ought not to take offence but rather make true vse thereof and haue iust cause to acknowledge the clement and moderate proceeding of the State herein THE PREFACE OF THE AVTHOR TO THE READER WHEN by the prouidence of Almightie God courteous Reader who sweetly disposeth all things I was by two Pursuiuants apprehended the 24. of March 1607. after our English accompt and committed to the Clinke by the Lord Bishop of London on the 26. of the same moneth 1608 I entred somewhat more deepely into the consideration of the controuersie of the Oath of allegiance then before whilest I was at libertie I had done And presently consulting with some of my brethren whom I found there prisoners before my comming I thought it very expedient to informe the Popes Holinesse of the lamentable estate of our countrie what miseries and imminent dangers such Catholikes as should refuse the Oath of allegiance were like to fall into by reason of his Breues prohibiting them to take it what diuision among Catholickes what perturbation they were vndoubtedly to breed in the Church of England our dread Soueraigne being thereby not without iust cause exasperated hoping by such meanes to procure a remedy before the malady grew too desperate But they more prudent and better experienced in such like Romane informations then my selfe thought it better in their iudgements and more expedient with patience to expect future euents from Rome and not so to proceed as being to small or no purpose at all Hereupon I rested satisfied though sorie in mind to consider the manifold euils that were like to ensue as long as these two principall powers Ecclesiasticall and ciuill the Pope and our King were at variance and did not intend to set pen to paper of this matter for that I knew my selfe the meanest among the rest of my brethren that had taken the Oath and because I had as I thought in discharge of my particular duty made sufficient proofe of my loyaltie towards his Maiestie by accepting the Oath when it was required at my hands In the end aduised by a friend one of my brethren to premeditate and prouide reasons for our taking it to be sent to Rome for it was to him more then probable he said that in short space after we should receiue a commandement from his Holinesse so to do and desirous withall to yeeld some satisfaction to the State for the great scandall certaine of our brethren had giuen by their perfidious inconstancie in taking the Oath anon after being freed from troubles relented and impugned as hath bene reported that which they seemed by their act to haue iudged lawfull I resolued vpon mature consideration to reduce into some method for helpe of my memorie and satisfaction of a friend certaine notes which in scattered papers I had collected cōcerning this matter not intending yet to publish them for feare first of offending some Catholikes who pretending the Oath to be vnlawfull though they know not well wherein are ready with rash censures to iudge and condemne before sentence of condemnation from the chiefe Iudge be giuen but especially I feared lest I should offend the Popes Holinesse who in his Breues hath either admonished or prohibited all Catholikes to take it or to teach the lawfulnesse thereof At length knowing my intention to be not to offend any one nor to contemne his Holinesse commandement but to aduance what in me lyeth the glory of God by setting downe sincerely what in my iudgement is truth and perswading euery Catholike subiect to render to Caesar those things which are Caesars to performe his dutie to his Maiestie in taking the Oath of allegiance to seeke thereby to remoue the imputation of treachery and treason I held it my dutie both to God and man to breake silence to cast away this humane feare and to put on the mantle of charitie quae foras mittit timorem 1. Ioh. 4 Howbeit gentle reader whilest I meditated to go forward in these my labours for the benefite of my brethren in Christ the Catholikes of England sodainly that questiō of our B. Sauiour as it were to deterre me from thē came into my mind Quis ex vobis volens turrim aedificare Which of you minding to build a tower doth not first sit downe and recken the charges that are necessarie whether he haue to finish it lest after he hath laied the foundation and is not able to finish it all that see it begin to mocke him saying That this man began to build and he could not finish it I forthwith stayed and cast my accompts that is I weighed the small meanes I had to relieue me taking paines my infirme and feeble body slender furniture of bookes and many interrupted distractions which my pouerty in prison ministred vnto me and considered whether I might be able to bring this short treatise to an end so auoide that illusion This man beganne to build and he could not finish it Then though my meanes and abilitie euery way I knew to be small yet trusting in the assistance of almightie God whose glorie hereby I principally seeke and is the chiefest reason of this my processe I was by and by encouraged to attempt the defending of this Oath which I iudged farre beyond my talent calling to remembrance that of the Prophet In Deo meo transgrediar murum Psal 17. In my God I will passe ouer a wall Philip 4. And the saying of S. Paule Omnia possum in eo qui me confortat I can do all things in him that is through his helpe that strengtheneth me nothing doubting also but Phil. 2. v. 13. Qui operatus est in me velle operaretur perficere pro bona voluntate He that wrought in me to will would likewise worke to accomplish according to his good will Vpon
de Ro. Pont. c. 3. it a quoque non esse idem Pontificatum Imperium nec vnum ab alio absolute pendere Note that euen as the Sunne and Moone are not one and the same planet and as the Sunne did not institute or appoint the Moone but God so likewise the Papacy and Impery are not one and the same nor the one do absolutely depend of the other By these two great lights Sun and Moone Cap. Solitae de maiorit obedien Pope Inocentius interpreteth to be meant two dignities which are Pontificall authority and Regall power Moreouer this distinction of these two great powers that ancient and renowmed Hosius Bishop of Corduba writing to Constantius the Arrian Emperour most manifestly sheweth L. 2. de liber Christ c. 2. whose sentence is related in an Epistle of holy Athanasius in this manner Tibi Deus imperium commisit Atha ep ad solit vitam agentes nobis quae sunt Ecclesiae concredidit quemadmodū c. To you God hath committed the Empire to vs he hath deliuered those things which belong to the Church and euen as he that with malignant eyes carpeth your Empire contradicteth the ordinance of God so do you also beware lest if you draw to you such things as belong to the Church you be made guiltie of a great crime Giue it is written Math. 22. Mar. 12. to Caesar those things which are Caesars and to God those which belong to God Therefore neither is it lawfull for vs in earth to hold the Empire nor you ô Emperour haue power ouer incense and sacred things Thus this learned Bishop and renowmed in the first Councell of Nice In cap. Inquisitioni de sen excom Hereupon Innocentius the third and Panormitan conclude that laickes are not bound to obey the Pope in those things that are not spirituall or which concerne not the soule as they speake but onely in those places which are subiect to his temporall iurisdiction That these two powers are independent of each other and the temporall not subordinate to the spirituall but since the comming of Christ separate and so distinguished by their proper acts offices and dignities that the one may not vsurpe the right and power of the other without iniurie to each other Pope Nicolas the first plainly witnesseth in his Epistle to Michael the Emperour as appeareth also in the Canon law Can cum ad verum ventū est dist 96. Barcl de potest Pap. c. 13. L. 5. de Rom. Pont. c. 3. which you may reade in D. Barclai of worthie memorie in case you can get it Which place I may not pretermit to note vnto you as it is set downe in Cardinall Bellarmine Idem mediator Dei hominum homo Christus Iesus sic actibus proprijs dignitatibus distinctis officia potestatis vtriusque discreuit c. The same Mediator of God and men the man Christ Iesus hath so seuered the offices of both powers by proper acts and distinct dignities that both Christan Emperours for eternall life should haue neede of the chiefe Bishops and the chiefe Bishops for the course of temporall things onely should vse Imperiall lawes Here saith the Cardinall the Pope speaketh not of the onely execution but of power and dignitie c. For whatsoeuer Emperours haue Pope Nicholas saith they haue it from Kings and Emperours this execution as being himselfe chiefe King and Emperour or else he cannot If he can then is he greater then Christ if he cannot then hath he not in deed Regall power This he Who in the same chapter bringeth Pope Gelasius to this purpose Duo sunt inquit Imperator Auguste Gelas ep ad Anast Imp. Decret dist 96. Can. Duo sunt quibus principaliter mundus hicregitur Authoritas sacra Pontificum Regalis potestas c. There are two things O noble Emperour whereby principally this world is gouerned the sacred authoritie of Bishops and Regall power c. Where it is to be noted saith Bellarmine that Gelasius speaketh not onely of the excution but of the verie power and authoritie lest our aduersaries say as they are accustomed that the Pope hath indeed both powers but committeth the execution to others That the ends likewise of these two powers are different the Cardinall confesseth saying that the politicall hath for her end temporall peace and the Ecclesiasticall eternall saluation And hereto agreeeth Nauarre in Relect. cap. Nouit do iudic nu 90. Nauar. By this now is apparent that these two powers their ends offices and dignities are distinct and separate from each other If then the one command any thing which appertaineth not to his power or wherein he is not superiour it is a generall rule as Cardinall Tolet noteth that such a one is not of dutie to be obeyed Tolet. de 7. peccatis mort c. 15. Vnicuique superiori saith he obediendum est ex obligatione in his tantum in quibus est superior And the inferior dischargeth well his dutie if he promptly obey in those things wherein he is inferior as a seruant in seruilibus such as appertaine to a seruant and for this citeth Pope Innocentius cap. Inquisitioni de sent excom Whereupon if the Pope should in virtute obedientiae command any man to giue away his vineyard or house or sell his patrimonie as Bellocchio cupbearer to Sixtus 5. would haue had the Pope by his Breue to command a subiect of his to do because the poore mans land lay commodiously for him and pleased him Naboths case which his Holinesse refused to do answering he could not he might do no mā wrōg or a cleargie man to resigne his benefice with cure to some vnworthy person which is against a diuine precept he is not to be obeyed as the same author affirmeth in the chapter aforesaid And alledgeth Panorm in cap. Inquisitioni de sent excom and Io. Andr. c. Cum à Deo de rescript Much lesse is any n = a Cap. litteras de rest spoliat superior yea the Pope himselfe to be obeyed according to n = b Cap. Inquisit c. Panormitan commanding any sinne though but n = c 11. q. 3. can Quid ergo veniall And n = d Verbo obedientia nu 5. Syluester Intellige etiam si Papa credit mādatum iustum tamen subdito constat illud in se continere peccatum Vnderstand although the Pope beleeueth his mandateto be iust but yet the subiect knoweth it contains a sin de restit spol lit Here may be noted that the Pope may hold one opinion and an inferiour may hold the contrarie and more true without sinne Yea and a Bishop in case the Pope should command him to be absent from his residence without some necessitie he is not bound to obey because saith Tolet cum absque causa rationabili aliquid praecipitur Instruct sacer l. 5. c. 4. nu 3. non debemus audire When any thing is
into surie for oft times patientia laesa specially of a King vertiturin furoreÌ„ And resist no longer but coÌ„forme your selues to his Maiesties iust demand in this case of the Oath that wherein they that is such as are of a different religion misreport of you as of malefactours by the good workes considering you 1. Pet. 2. they may glorifie God in the day of visitation Also with this blessed Apostle S. Peter I wish you to be subiect to euery humane creature of God whether it be to the King as excelling or to rulers as sent by him to the reuenge of malefactours but to the praise of the good for so note well is the will of God that doing well you may make the ignoraÌ„ce of vnwise men dumbe I desire likewise with S. Paul that obsecrations prayers â—1 Tim. 2. postulations thankesgiuing be made for all men for Kings all that are in preëminence that we may leade a quiet and peaceable life in all pietie and chastitie If Tertullian were liuing and those ancient Fathers of the primitiue Church Tertul. Apologet c. 50. See master Blackwels letter they would questionlesse following the doctrine and example of the Apostles exhort you likewise to pray for the long life of our Soueraigne no lesse then they did the Christians of those dayes for their Emperours or Kings howsoeuer they differed in religion Finally as Baruch the Prophet wished such Iewes as were left in Ierusalem after the captiuitie Baruch 1. to pray for the life of Nabuchodonozor King of Babylon and for the life of Balthasar his sonne that their dayes might be as the dayes of heauen vpon the earth so do I desire all Catholickes professing with me the Romane faith heartily to pray for the long life and prosperous reigne of King Iames of great Brittaine together with his deare Spouse our most gracious Queene Anne and the hopefull yong Prince Henrie his sonne with the rest of his most roiall issue that in this world they may long continue to the glorie of the eternall God and afer this mortality euer to enioy that felicitie which neuer shall haue end Vui Trinòque Deo omnis honor gloria STRANGE REPORTS OR NEWES FROM ROME THis my discourse of the Oath of Allegiance being fully complete ended written specially for satisfying and perswading such Catholickes of our countrey as thinke it not lawfull to be taken at least by reason of the Popes Breues prohibiting the same behold certaine strange newes diuersly spread aboade from diuers parts and persons haue ministred me occasion to continue on my labour by adding this briefe Treatise following for and in defence of my selfe and some others my brethren Priests who for no crime committed in our iudgements but onely for performing our duties to God and man haue bene and are calumniated to be depriued of all faculties granted by any authoritie from the Sea of Rome whereby we are vtterly disabled to liue for not being any longer regarded but forsaken and in affection abandoned by such as formerly vsed of charitie to releeue vs. Audite ergo coeli quae loquor audiat terra verba oris mei Heare therefore ô ye heauens what I speake let the earth hearken to the words of my mouth For I am to vtter that which to Saint Peter and Saint Paul and to the blessed Apostles and to all glorious Saints will seeme strange and wondrous tidings and whereat all good Christians on earth that shall enter into consideration of the case may stand amazed and posteritie will scarce beleeue when it shall be told them Talking not long since with a friend that came newly from beyond the seas I asked him what newes in those parts and what was said of vs that had taken the Oath of allegiance he told me the report was there that we had lost our faculties but could not tell by what meanes or by whoÌ„ And here at home in our country the same is bruted abrode by many and in many places but in sundrie manner the reporters disagreeing so much in their tales as no certaine truth can be gathered by theÌ„ For some say that fiue Priests onely of the Clinke were by name depriued of their faculties one of which is lately deceassed and maister Blackewell was not mentioned because he was thought to be dead Others haue reported that he alone was named but all other Priests likewise had lost them that did concurre with him Others againe that such were depriued of their faculties that is vnabled to exercise certaine priuiledges granted Priests at their mission into England as hauing taken the Oath do constantly persist or perseuere in teaching or allowing the lawfulnesse thereof Now which of these reports so much differing is true for all cannot be true I greatly desire to know but cannot learne any certaintie Then as touching the manner how and by what meanes they be taken away little agreement do I find but such varietie in relation thereof as wise men may well admire to see such proceedings in a matter so important as this is and that some of our owne profession and religion should receiue satisfaction and contentment in beholding our miseries by being in such wise punished who haue as it may seeme long expected and Tantalus like hungred and thirsted after the same First some say that we haue lost them and had long since by vertue of the Archpriests Admonition directed To all the secular Priests of England which anon shall be set downe verbatim that all discreete persons may iudge thereof Another report is that the Cardinals of the Inquisition haue giuen their iudgement and censured our faculties to haue dene lost by the Archpriests Admonition at the first A third report is that the Cardinals of that congregation haue themselues taken them from all such Priests as either haue taken or shall hereafter take our Oath of allegiance From these the fourth sort disagree saying That the Viceprotector of his owne authoritie that he hath ouer our nation in his priuate letters writing to the Archpriest signified his depriuing such of their priuiledges as had taken the said Oath and do persist in defending it Fifthly that indeed he did it but by order from the Popes Holinesse And lastly that the Pope himselfe hath sent to the Archpriest a Breue wherein he commandeth him in virtute obedientiae to depriue all those Priests of their faculties which do concurre with maister Blackwell or else haue taken or shall teach it lawfull to take the Oath of allegiance Yea and in such seuere sort as the like was neuer seen ab initio nascentis Ecclesiae viz. Omniexcusatione posthabita etiam ipsis delinquentibus non admonitis nullo iuris or dine seruato That is all excuse set aside yea the delinquents not admonished and no order of law obserued in proceeding with vs. That this is true by mine owne knowledge I can testifie and proue if need were Which of all these reports deserue
most credite and is truest were greatly wished might be made knowne to the parties whom it concerneth otherwise how can they tell what to do in this important businesse and what is required at their hands to retaine still or recouer their faculties being once lost How shall they obey if they know not what is commanded them 1. Cor. 14. Etenim si incertam vocem det tuba saith Saint Paul quis parabit se ad bellum For if the trumpet giue an vncertaine voice who shall prepare himselfe to battell Therfore it is most requisite that such as haue bin in possession of their faculties granted theÌ„ by authority of the Sea of Rome some 20. some 30. yeares agone and some more should know how and by whom they are taken from them and for what cause which ought to be for so the great fault because the paine is most grieuous should see moreouer not onely an authenticall copie of the originall letters but also the originals themselues if the Churches orderly proceedings be obserued otherwise all may be thought idle reports not to be beleeued Tho. 3. p. q. 19. ar 6. For Saint Thomas saith That when the Church depriueth heretickes and schismatickes and other such like withdrawing subiects from them either simpliciter or quantum ad aliquid simply or touching some particular thing they cannot put in practise or haue vse of the keyes touching that which they are depriued of Then I say it is verie necessarie that Priests not heretickes nor schismatickes or such like but most constant in euerie least article of the Romane faith should know whether they be forbidden simply all or else but some particular faculties receiued at their mission whereby they may in all humilitie shew themselues obedient to his Holinesse in surceasing from exercising what they shall perceiue to be by him forbidden them Now whereas the first report of the manner of taking away faculties is That Priests constantly persisting in teaching the lawfulnesse of the Oath had lost their faculties were disabled to absolue their penitents from deadly sin by vertue of the Archpriests admonitioÌ„ I wish the discreet reader not to giue credite thereto because doubt may well be made thereof seeing diuerse learned Priests yea such as haue not taken the Oath haue iudged otherwise viz That they were not lost and amongst the rest an Assistant esteemed of many to be one of the grauest and best iudgement in such cases Which will also most perspicuously appeare to him that shall with iudgement reade the Admonition and duly consider the Archpriests act and proceeding therein whether it be as it ought to be in euery respect conformable to that of the Popes Breues authorising him which was as followeth Ex Breui sum Pont. TibÃque iniungimus mandamus ac specialem facultatem ad hoc tribuimus vt authoritate nostr a omnes singulos Sacerdotes Anglos qui quoddam iur amentum in quo multa continentur quae fidei atque saluti animarum aperte aduersantur praestiterunt vel ad loca ad quae haeretici ad eorum superstitiosa ministeria peragenda conuenire solent consultò accesserunt aut qui talia licitè fieri posse docuerunt docent admonere cures vt ab huiusmodi erroribus resipiscant abstineant quod si intra tempus extraiudicialiter tamen arbitrio tuo illis praefigendum hoc facere distulerint seu aliquis illorum distulerit illos seu illum facult atibus priuilegys omnihus ab Apostolica sede seu illius authoritate à quocunque â—lio illis vel cuiuis illorum concessis eadem authoritate priues ac priuatos esse declares c. Datum Romae apud S. Petrum sub annulo piscatoris die 1. February 1608. Pontificatus nostri anno 3. And we enioyne and command you and for this we giue you speciall facultie that by our authoritie you take care to admonish all and singular English Priests who haue taken a certaine Oath wherein many things are contained which are manifestly against faith and the health of soules c. or haue taught and do teach such things may lawfully be done that they may repent and abstaine from such errors and if within the time extraiudicialiter notwithstanding by you to be prefixed vnto them they shal deferre to do this or any one shall deferre that you by the same authoritie deptiue and declare them or him to be depriued of all faculties and priuiledges granted them or any of them from the Sea Apostolicke or by her authority from any other whatsoeuer Dated at Rome the first of Frebruary 1608. This much out of the Popes Breue to the reuerend Archpriest M. Birket touching his facultie or commission giuen him first to admonish then after the time prefixed was expired no satisfaction being giuen of repenting or abstaining to depriue such and declare them depriued of their faculties Whereupon the Archpriest indeed sent a letter of admonition to the Priests then of and in the Clinke endorced To all the reuerend Secular Priests of England Which was as followeth Most dearely beloued brethren The Archpriests letter to the Priests of the Clinke whereas I haue alwayes desired to liue without molesting or offending others it cannot be but a wonderfull corsiue sorrow and griefe vnto me that against mine owne inclination I am forced as you haue seene by the Breue it selfe to prescribe a certaine time for such as do find themselues to haue bene contrarie to the points which are touched in the said Breue concerning the Oath and going to Church that they may thereby returne and conforme themselues to the doctrine declared by his Holinesse both in this and the other former Breues And therefore now by this present do giue notice vnto you all that the time which I prefixe and prescribe for that purpose is the space of two moneths next ensuing after the knowledge of this my admonition Within which time such as shall forbeare to take or allow any more the Oath or going to Church I shall most willingly accept their doing therein yet signifying vnto you withall that such as do not within this time prescribed giue this satisfaction I must though much against my will for fulfilling his Holinesse commandement depriue them and denounce them to be depriued of all their faculties and priuiledges granted by the Sea Apostolicke or by any other by authoritie thereof vnto them or to any of them and so by this present do denounce hoping that there is no man will be so wilfull or disobedient to his Holinesse order but will conforme himselfe as becometh an obedient child of the Catholicke Church And so most heartily wishing this conformitie in vs all and that we may liue and labour together vnanimes in domo Domini I pray God guie vs the grace to effect that in our actions whereunto we are by our order and profession obliged This 2. of May 1608. Your seruant in Christ George Birket Archpriest