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
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
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
crying out to them to take heede be not only partakers of their spirituall harme but doe also cooperate to their temporall ruine and so haue cause to rue your silence and to cry out your selues when it is too late Vae mihi quia tacui Woe is mee because I haue held my peace Isa 6. But if perchance any of you who in your consciences thinke the Oath to be lawfull should for some worldly respect which God forbid cry out against the takers or approouers thereof this were not only to sin most damnably against your owne consciences but also in some sort against the Holy Ghost and to impugne that which in your soules and consciences you thinke and acknowledge to bee true which how hardly it is forgiuen either in this World or the next Mat. 12. our Sauiour himselfe doth expresly witnesse 4. Lastly those Priests that in their consciences thinke the Oath to be vnlawfull and thereupon do not only giue warning to those whom they haue taken vpon them to guide and direct to take heede and beware of the spirituall danger which they thinke will arise by taking the same but also in their zeale do cry out against their Catholike Brethren who either doe take the Oath or thinke it to be lawfull as Apostates from the Catholike Faith and Religion and disobedient children to the Pope and Church giuing the like occasion to others to cry out against them as Apostates from their naturall Allegiance and disobedient disloyall Subiects to their temporall Prince it behoueth them most of all to looke to themselues and according to the admonition which Card. Bellarmine vpon occasion of relating the fearefull death of Pope Innocentius the III. giueth to Prelates and Pastours Bellar. de geâ—…itu columbae lib. 2. cap. 9. to examine all the secrets of their consciences most exactly lest perchance it bee erroneous albeit to them it seeme to be sound iust and that their zeale albeit to them selues seeme pure and according to knowledge bee not blind and grounded vpon wilfull or culpable ignorance like that which the Iewes had in crucifying our Sauiour and Saint Paul when he was Saul in persecuting his Disciples who thought thereby to doe God great seruice 5. And truly if their Zeale were hurtfull to none but to themselues they would doubtlesse be the more excusable but considering how preiudiciall it is both to his Maiesties honour and also to his temporall Soueraigntie how scandalous it is to Catholicke Religion and how iniurious it is to their Catholike brethren not inferiour to themselues in vertue and learning whom they seeke to disgrace and to make odious to all Catholickes epecially to their benefactors and friends and so by taking from them their good names and maintenance to bring them into extreame want and miserie and as much as in them lyeth into manifest desperation for which they are one day to render a most strict account they haue great cause to examine their consciences narrowly and carefully to consider vpon what assured grounds they can excuse themselues at the dreadfull day of Iudgement for taking such scandalous iniurious and vncharitable courses both against their Soueraigne Prince whom next vnder God they are bound to honour and obey in temporals and also against their Catholicke brethren who not onely are as learned and religious as themselues but also haue examined this important controuersie and all the danger both spirituall and temporall that dependeth thereon as diligently if not farre more then they themselues haue done 6. To the end therefore that all of you my deare Countrimen may examine your consciences in this poynt of the Oath more easily and eactly and be more fully instructed therein then you haue beene by I. E. the Authour of the Prelate and the Prince who if the common rumour bee true will heare shortly with shame enough what goodly Instructions he hath giuen you I haue out of Roger Widdringtons expresse doctrine and grounds collected this little Treatise which for that it was finished this first day of the yeare I am bould to present it to your Charities for a New-yeares-gift as a small token of the great desire I haue both of your spirituall and temporall welfare And my onely request is that you will bee pleased to read it as I hope you will it beeing neither so prolixe but that in some few houres you may mane it ouer nor so obscure but that any man of meane capacitie may vnderstand it and after you haue read it to iudge thereof accordingly And if I shall heare that you haue reaped any benefit thereby I shall thinke my paines exceeding well bestowed but howsoeuer I shall not thinke my labour lost by giuing you this euident token of my loue for that the loue and dutie I owe to my Prince and Countrie to the Catholicke Religion and to you my deare Catholick brethren and aboue all to God Almightie the Author of all truth yea truth it selfe and who will in due time render to euerie man according to his workes Rom. 2. hath for the defence of a necessarie truth moued mee to take this paines And so with my best wishes I bid you heartily farewell hoping that you will bee wise and not be transported with a blind and intemperate zeale towards Prince or Prelate but that you will bee carefull to feare God to honour the King and without all partialitie to render to God and Caesar and consequently to Popes and Princes that which is their due A Copie of the new Oath of Allegiance deuided into eight Branches as it is in this Treatise explayned 1. I A.B. doe truely and sincerely acknowledge professe testifie and declare in my conscience before God and the World That our Soueraigne Lord King Iames is lawfull and rightfull King of this Realme and of all other his Maiesties Dominions and Countries 2. And that the Pope neither of himselfe nor by any authoritie of the Church or See of Rome or by any other meanes which any other hath any Power or Authoritie to depose the King or to dispose any of his Maiesties Kingdomes or Dominions or to authorize any forraigne Prince to inuade or annoy Him or his Countries or to discharge any of his Subiects of their Allegiance and Obedience to his Maiestie or to giue license or leaue to any of them to beare Armes rayse Tumults or to offer any Violence or hurt to his Maisties Royall Person State or Gouernment or to any of his Maiesties Subiects within his Maiesties Dominions 3. Also I doe sweare from my heart that notwithstanding any Declaration or Sentence of Excommunication or Depriuation made or granted or to be made or granted by the Pope or his Successours or by any Authoritie deriued or to be deriued from him or his See against the said King his Heires or Successours or any absolution of the said Subiects from their Obedience I will beare Faith and true Allegiance to his Maiestie his Heires and
possessor is to bee preferred and Cum sunt iura partium obscura fauendum est reo potius quam Actori When the rights or titles of the parties that are in suite are obscure or not cleere the Defendant is rather to be fauoured then the Plaintiffe And this is the first assured ground and principle for which the doctrine of deposing Princes by the Popes authoritie may not only be barely and simply denyed as it is in the second clause of the Oath by force only of the words but also bee abhorred detested and abiured as impious damnable most cleerly repugnant to the Word of God and in that sense hereticall as it is in the fourth clause The second manifest principle is that it is a controuersie among learned Catholikes and approued by many and therefore truely probable that the Pope hath no authority to depriue Princes of their Regall Power and Authoritie 12. For the better cleering whereof it is to be obserued sixtly that as Ioannes Azorius a famous Iesuite expresly affirmeth Azor. tom 2. lib. 11. c. 5. q. 8. it hath euer beene a great controuersie betwixt Emperours and Kings on the one side and the Bishops of Rome on the other whether in some certaine cases the Pope hath a right and power to depriue Kings of their Kingdome For some Kings haue oftentimes yea since the time of the great Lateran Councell contended with Popes about this matter saying that they haue their Kingdome from God and not from the Pope and that in those things which are ciuill and temporall the power of Kings is supreme and absolute and that herein Kings are not subiect to the Pope although in sacred Ecclesiasticall and spirituall things the Pontificall power is supreme and that herein Kings and Princes are subiect to Popes as children to their Fathers and sheepe to their Pastours c. And many complayned that Gregorie the seuenth did excommunicate Henry the fourth and depriue him of the administration of his Kingdom Thus Azor. And it is a controuersie among the Schoolemen saith Ioannes Trithemius Trithemius in Chron. Hirsaug ad annum 1106. and as yet it is not decided by the Iudge whether the Pope hath power to depose the Emperour or no. And the Ecclesiasticall power saith Iacobus Almainus Almain de dâ—minio natur ciu Eccles in probat 2. conclus a famous Doctor of Paris and whom Azor relateth Azor. tom 1. lib. 2. cap. 14. among Classicall Doctors cannot by the institution of God inflict any ciuill punishment as are death exile priuation of goods much lesse of Kingdomes c. Nay nor so much as imprison vt plerisque Doctoribus placet as is the opinion of most or of very many Doctors but it is extended only to a spirituall punishment as is Excommunication and the other punishments which she vseth doe proceed from the pure positiue Law or as Gerson speaketh Gerson de potest Eccles considerat 4. from the grant of Princes And the libertie of the Church of France saith Petrus Pithaeus Pithaeus in Cod. libert Eccles Gallicanae printed at Paris by authoritie of the Parliament in the yeere 1594. whom Antonius Posseuinus the Iesuite commendeth for a man truely learned and a diligent searcher of Antiquitie Posseuinus in verbo Petrus Pithaeus is grounded in this principle which France hath euer held for certaine that the Pope hath not power to depriue the French King of his Kingdome or in any other manner to dispose thereof And that notwithstanding any whatsoeuer Monitions or Monitories Excommunications or Interdicts which by the Pope can bee made yet the subiects are bound to yeeld obedience due to the King for temporals neither therein can they be dispenced or absolued by the Pope Which position is in very deed the whole substance both of our new Oath and also of the late Oath of France which the lower house of Parliament would haue had established for a fundamentall law 13. And to omit now many other learned Catholikes cited by Widdrington Widdrington in his Answere to Fitzherb part 1. that it is a controuersie among Catholikes and approued by many and therefore truly probable that the Pope hath no authoritie to depose Princes it is so manifest that no learned man vnlesse hee will bee shamefully impudent can denie it and the publike Writings of learned Catholikes on both sides See beneath in the end of this Treatise the Oath of FraÌ„ce the condemnation of Suarez and Bell. Booke and a decree of the Parliament of Paris touching the doctrine of the Popes power to depose the proceedings of the Parliament of Paris against the Bookes of Cardinall Bellarmine of Schulckenius and of Suarez the propounding of the aforenamed Oath by the lower house of Parliament wherein of two hundred Knights and Burgesses there were but fix Protestants besides the complaint of some Doctors of Paris to the Colledge of Sorbon against the Controuersia Anglicana of Becanus and infinite other testimonies of learned men of our owne Nation not only of those who haue taken the Oath or thinke it to be lawfull but also of many others doe most cleerly conuince the same In so much that Cardinall Peron Card. Peron in his speech to the lower house of Parliament compelled by so manifest a truth doth plainly confesse the same and thereupon acknowledgeth that the Pope himselfe doth in France tolerate those Catholikes that hold against him in this point tolerate I say not as publike Vsurers Harlots or other notorious sinners are in some Countries permitted but by admitting them to Sacraments which neither the Pope nor the Prelates of France could lawfully doe if for holding that doctrine those Frenchmen were to bee condemned of Heresie Errour Temeritie or any other damnable sinne So that it is most cleere manifest to any man of iudgment that it is a great controuersie among learned Catholikes and that it is approued by many of them and therefore truly probable that the Pope hath no authoritie to depose or depriue Soueraigne Princes See also the Authour of the Potestants Apologie for the Roman Church in his Preface from Sect. 19. to the end where you may see his dislike of this doctrine for the Popes authoritie to depose Princes and taxeth them who ouercharge the supreme Pastour with incompetent attributes of Authoritie in temporals and in his owne authentical Manuscript he more particularly and expresly shewed that the Pope hath no Authority in temporals either directly or indirectly which last words it pleased those who had commission to print his Booke to leaue out whereof he greatly complained to a friend of mine And likewise for the dislike which this learned Authour shewed in his Preface of this authoritie of the Pope to dispose of temporals it pleased the Authour who translated his Booke into Latine to leaue out the Preface altogether which neuerthelesse is a chiefe part of his Booke and it deserued to bee put in Latine as much if not
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
but also vi legis by force of the Law doe owe true Allegiance to their naturall Prince no lesse then Lay men and that therefore hee may lawfully demand of them as they are Subiects an Oath of their Allegiance whensoeuer hee shall iustly suspect their fidelitie And although some Clergie-men should bee so capricious as to imagine contrarie to the practice of the Primitiue Church the doctrine of the Ancient Fathers and manifest reason that they are not subiect at all to the authoritie of temporall Princes and thereupon should make a scruple to take this Oath as lawfully ministred to them by good and full authoritie yet this could not bee a sufficient proofe that the Oath is vnlawfull in it selfe or that Lay-men cannot lawfully take it and also acknowledge that it is lawfully ministred vnto them by good and full authoritie 5. Lastly in those words And I doe renounce all Pardons and Dispensations to the contrarie is not implyed a renouncing in generall of the Popes authoritie to giue Pardons and Dispensations but as the wordes doe plainly signifie in them is only contayned a denyall of the Popes authoritie to dispence with the Swearer or to giue him leaue and license to doe contrarie to that which hee hath promised in this Oath Wherefore the veritie of these last wordes is chiefly grounded vpon the lawfulnesse of the Fift Branch For if the Pope hath no power and authoritie to absolue the Swearer from any part of this Oath because those three things before mentioned which he promiseth to performe he is bound by the Law of God and Nature to performe and that therein no authoritie of Pope or Prince can dispence it is manifest that hee may lawfully renounce all Pardons and Dispensations to the contrarie CHAP. VII The Seuenth Branch of the Oath and an Explication thereof ANd all these things I do plainly and sincerely acknowledge and sweare according to these expresse words by me spoken and according to the plaine and common sense vnderstanding of the same words without any equiuocation or mentall euasion or secret reseruasion whatsoeuer 1. This Branch is greatly to bee regarded for that it expresly declareth in what sense the Swearer is bound to take all the parts and parcels of this Oath And first by those first words And all these things I doe plainly and sincerely acknowledge and sweare c. it is manifest that the immediate obiect of all this Oath and euery part therof or which is all one that which in all the former Branches I doe directly and immediatly sweare is my plaine and sincere acknowledgement to wit that our Soueraigne Lord King Iames is the lawfull and rightfull King of this Realme c. and that the Pope hath not any power or authoritie to depose him c. and that I will beare Faith true Allegiance to His Maiestie c. and that from my heart I doe abhorre detest and abiure as impious and hereticall c. and that I doe beleeue and in conscience am resolued c. and that it is lawfully ministred vnto me by good and full authoritie and that I doe renounce all Pardons and Dispensations to the contrarie Whereupon the Oath concludeth thus And I doe make this recognition and acknowledgement heartily willingly and truly vpon the true faith of a Christian. So that the plaine and proper meaning of this Branch is that whatsoeuer I doe sweare in this Oath I doe sweare plainly and sincerely according to these expresse words c. 2. Secondly the meaning of those words without any equiuocation c. is not that there is not to be found in this Oath any equiuocall wordes and which may not haue two proper and vsuall significations especially if they be taken barely and by themselues alone for if wee consider them as they be ioined with other words and make a full and perfect sentence and doe also duly regard the intention of the Law-maker with the other obseruations before set downe we shall hardly find any one sentence in this Oath so equiuocall or ambiguous that according to the common vnderstanding of men it hath two senses equally common which is properly to bee equiuocal But the plaine and proper meaning of those words is that the Swearer must not in this Oath equiuocate or vse any equiuocation mental euasion or secret reseruation whatsoeuer but that he must deale plainly and sincerely according to the minde and intention of the Law-maker For it is one thing to vse equiuocall words and an other thing to equiuocate or to vse equiuocation because one may vse equiuocal words and not deceiue or delude the hearer for that hee vseth the words in that sense wherein the hearer vnderstandeth them But to equiuocate implyeth a fraudulent deceitfull and vnsincere dealing by vsing the words in an other sense then the hearer vnderstandeth them 3. Wherefore the plaine meaning of this Branch is that albeit in this Oath there might bee found diuerse common senses of the same wordes yet the Swearer must not equiuocate but hee must take the wordes in that sense wherin the Law-maker vnderstandeth them with whome hee is bound by vertue of this Branch to deale plainly sincerely without any guile fraude deceit euasion or secret reseruation whatsoeuer But if perchance there should any difficulty arise concerning any ambiguous word or sentence contayned in this Oath and the will meaning and intention of the Law-maker could not bee knowne then wee must vse those rules which according to the approued doctrine of all Diuines and Lawyers wee haue aboue set downe for the interpreting of doubtfull and ambiguous speeches in any Law And namely among the rest that in penall Lawes and odious matters the milder and more fauourable sense and which contayneth in it no absurditie is to be chosen 4 Seeing therefore that according to the doctrine of all Diuines it is not lawfull to equiuocate or to vse equiuocation but we must answere plainly and sincerely according to the meaning and intention of the Iudge when hee proceedeth iuridically and demandeth no vniust and vnlawfull thing but which hee hath authoritie to demand it is manifest that the veritie of this Branch dependeth wholly vpon the lawfulnesse of the Oath and vpon the authoritie of the maker thereof and that consequently there is no difficultie in this Clause supposing the lawfulnesse of the former Clauses and that this Oath is lawfully ministred by good and full authoritie CHAP. VIII The Eight and last Branch of the Oath ANd I doe make this recognition and acknowledgement heartily willingly and truely vpon the true faith of a Christian So helpe mee God 1. The lawfulnesse of this Branch dependeth wholly vpon the veritie and iustice of the former Clauses and will cleerely appeare if wee suppose as hath beene shewed before that this Oath of Allegiance contayneth in it no falshood or iniustice and that it is ministred vnder great penalties by lawfull authoritie to make a triall how his Maiesties subiects stand
that false and peruerse opinion shall be held for seditious and to bee censured All Strangers that shall write and publish it for sworne Enemies of the Crowne All his Maiesties Subiects that shall adhere vnto it of what qualitie or condition soeuer they be for Rebels infringers of the fundamentall Lawes of the Kingdome and guiltie of Treason in the higstest degree And if there be found any booke or Discourse written by any Stranger Ecclesiastike or of any other qualitie that containeth any proposition contrarie to the said Law directly or indirectly the Ecclesiastikes of the same Order established in France shall be bound to answere them to impugne and contradict them incessantly without respect ambiguitie or equiuocation vnder paine of being punished with the same punishments as aboue said as abetters of the enemies of this State This Article is in effect and substance all one with our new Oath of Allegiance and the lawfulnesse thereof is manifest by the former Discourse and how greatly Card. Peron was mistaken in impugning the said Article Widdrington sheweth both in his Answere to Fitz-herbert part 3. chap. 11. num 15. seq and in his Discussion of the decree of the Lateran Councell against Lessius part 2. sec 9. and part 3. sec 9. A Copie of the Arrest or Decree of the Parliament of Paris wherein Card. Bellarmine his booke against William Barclay is condemned Taken out of the Records of the Court of Parliament the 26. of Nouember 1610. THis present day the Kings Solicitours Lewis Seruin the Kings Attorney making the Declaration and Lewis Duret the Kings Aduocate subscribing aduertised the Court that it was related to them that some few daies since there hath beene divulged in this city of Paris a new booke entituled Tractatus de potestate Summi Pontificis in temporalibus aduersus Gulielmum Barclaium Auctore Roberto S. R. E. Cardinale Bellarmino Romae per Bartholomaeum Zannetti printed this present yeere out of which booke diuers persons some with a good intent and others with an euill haue divulged many things which they haue collected from thence And because this Booke doth containe propositions which are preiudiciall to the Kings power and authoritie and to the State of France of whom the Author speaketh in the same manner as of other Kings Princes and Common-wealths they haue through their care gotten a Copie thereof which they hauing exactly read and examined thought it their duties to aduertise the Parliament of those things which are against the Powers established by God and especially against this Kingdome Wherefore they haue obserued that Cardinall Bellarmine doth in this new Treatise not only teach those propositions which hee affirmed in his former books as in that booke which is intituled De Romani Pontificis Hierarchia written in the time of Pope Sixtus the V. and dedicated to the said Pope which he hath deuided into fiue books in the last whereof hee maintaineth that the Pope hath temporall power indirectly But they also haue obserued that to this erroneous assertion others no lesse false and tending further are added in the places by them cited which the Parliament if it be so pleased may behould And first the very Title is to be obserued wherein he giueth to the Pope a power in temporals Then hee bringeth diuerse authorities from the writings of Italians French-men Spaniards Germans English Scots beginning with Pope Gregorie the VII who liued in the yeere of our Lord 1073. c. Wherefore to the end that fraud and deceit may for the safegard of true French men be preuented the aforesaid Attorney generall considering that in regard of Conscience and the office which hee beareth in being the Kings Attorney he is bound sincerely to discharge his duty produceth Cardinall Bellarmines booke which was written when our King Henry the Great was liuing in whose raigne none durst aduenture to diuulge the same but published forthwith as soone as he was dead wherein hee hath noted diuers places which the Parliament may peruse especially pag. 37 38. 57. 58. and 76. 77. to which may be added 160. 115. 116. And moreouer he exhibiteth in written hand the requests which the Kings Attorneys doe in the Kings name demand to wit that by Decree of the Parliament it be enacted That none of what qualitie or condition soeuer shall receiue haue keepe print or vtter this booke of Bellarmine vnder paine of Treason ordained against those that shal transgresse the same c. The matter being examined The great Chamber Criminall and of the Edict being assembled THe Court hath decreed and doth decree that no person of what qualitie or condition soeuer vnder payne of Treason ordayned against those that transgresse the same doe receiue keepe communicate print vtter or sell the said Booke which contayneth that false and detestable proposition tending to the subuersion of supreme Powers established and ordayned by God inciting Subiects to rebellion and derogating from the authoritie of Princes animating to attempt against their liues and Crownes and finally to disturbe the publike peace and quietnesse Those that haue Copies of the saide Booke or know any that haue are commanded forthwith to make it knowne to their Iudges that vpon the demand of the Kings Attorneys Inquisition bee made against the Crime and those that be guiltie be punished accordingly It forbiddeth vnder the same punishment Doctours Professours and others to treat dispute write teach directly or indirectly in Schooles Colledges or other places the said proposition The said Court doth ordayne that this Decree bee sent read published recorded and obserued according to the afore said manner and forme in all the Benches subiect to the Iurisdiction of this Court. The Substitutes to the Kings Attorney are commanded to cause forthwith this Decree to be put in execution and to aduertise the Court within a moneth of their diligence Made in Parliament vpon Friday 26. Nouemb. 1610. Signed VOISIN The decree being made the Kings Attorneys were sent for to whom the pleasure of the Court was signified and according to the Decree the said Booke of Bellarmine was deliuered to their hands A Decree of the Court of Parliament made the 26. and executed the 27. of Iune 1614. Against a Booke printed at Collen this present yeare which is entituled Francisci Suarez Granatensis Societatis Iesu doctoris Theologi Defensio fidei Catholicae Apostolicae aduersus Anglicanae sectae errores contayning many maximes and propositions contrarie to the Soueraigne powers of Kings ordayned and established by God the safetie of their persons the peace and quietnesse of their States The Place ✚ where the Kings armes of France and Nauarre are set At Paris By F. Morel and P. Mettayer the Kings ordinarie Printers and Stationers 1614. With his Maiesties Priuiledge Taken out of the Records of the Parment The Court of the great Chamber Criminall and of the Edict assembled hauing seene the Booke printed at Collen this present yeare entituled Francisci Suarez Granatensis Societatis
Iesu Doctoris Theologi Defensio fidei Catholicae Apostolicae aduersus Anglicanae sectae errores contayning in the third Booke Chap. 23. p. 376. 79 80 82. Chap. 29. p. 410. 11 12 13 14 15 16 17 18 19 20. Chap. 6. pag. 834. Chap. 8. pag. 844. and in other places many propositions contrarie to the Soueraigne powers of Kings ordained and established by God the peace and quietnesse of their States and that it is lawfull for their subiects and strangers to attempt against their persons Conclusions of the Kings Attorney generall All which beeing considered The said Court hath declared and doth declare the propositions and maximes contayned in the saide Booke to bee scandalous and seditious tending to the subuersion of States and to induce the subiects of Kings and soueraign Princes and others to attempt against their sacred persons and the discourses making mention of King Glodoueus and Philip the Faire to be false and slanderous Hath ordayned and doth ordayne the said Booke of Suarez to bee burned in the Court of the Palace by the Executioner of high Iustice Hath made and doth make iniunctions and inhibitions to Stationers and Printers not to print sell or vtter it and to all persons of what qualitie or condition soeuer not to haue copie out keepe teach in Schooles nor in other places nor to dispute the said maximes and propositions It doth ordayne that according to the Arrest made the 8. of Iune 1610. that the Decree of the Theologicall Facultie made the 4. of Iune the same yeare of renewing the doctrinall Censure of the said Facultie made in the yeare 1408. confirmed by the Councell of Constance together with this present Arrest or Decree as also those of the yeare 1578 and 95. bee read every yeare the 4. day of Iune as well in the said Facultie as in the Colledge of the Priest and Schollers of the Colledge of Claremont This Colledge of Claremont is the Iesuites Colledge and of the foure Mendicants And that at the instance of the Kings Attorney generall informations be taken of the transgressions against the said Arrests and Inhibitions bee made against the copying out hauing and keeping the like bookes Made in Parliament the 26. day of Iune 1614. Signed VOISIN Moreouer it is decreed that the Fathers Ignace Armand Rectour in this Citie Cotton Fronton and Sirmund shall be sent for the first day of the Court and it shall be shewed them that contrarie to their declaration and the Decree of their Generall made in the yeare 1610. the Booke of Suarez hath beene printed and brought into this Citie against the authoritie of the King the safetie of his Crowne and State And it shall be enioyned them to cause their Generall to renew the said Decree and that it be published and that they bring in the Act within sixe moneths And that they prouide that no bookes contayning such damnable and pernicious propositions bee hereafter made or published by any of their Societie And that it bee inioyned them to perswade the people by their Preachers the Doctrine contrarie to the said propositions Otherwise the Court wil proceed against the transgressours as against Traytors and perturbers of the publique peace The aforesaide Arrest or Decree and what hath beene decreed was pronounced in the presence of the Fathers Ignace Armand Charles de la Tour who came in place of Father Cotton absent Fronton du Duc and Iames Sirmund And the Arrest was executed before the great Staires of the Pallace the 27. of Iune 1614. A Copie of another Arrest or Decree of the Parliament of Paris wherein the former doctrine of practizing the deposition of Soueraigne Princes is condemned and the former Decrees made against the Bookes of Card. Bellarmine and Suarez are againe confirmed An Arrest or Decree of the Court of Parliament touching the Kings Soueraigntie in Temporals and against the pernicious doctrine to attempt vpon the sacred persons of Kings The place ✚ of the Kings Armes of France and Nauarre At Paris By F. Morel P. Mettayer the Kings Ordinarie Printers and Stationers 1615. Taken out of the Records of the Parliament WHereas the Kings Attourney Generall hath complayned to the Court all the Chambers thereof being assembled that albeit by many Arrests or Decrees heretofore made with great and mature deliberation the Court hath confirmed the Maximes which haue at all times beene held in France and are naturally engrafted to the Crowne That the King doth not acknowledge any Superiour in Temporals of his Kingdome but God alone And that no power or authoritie can rightfully release his Subiect from the Oath of Allegiance and Obedience which they owe to Him nor suspend depriue or depose him from his said Kingdome and much lesse to attempt or to cause to attempt either by publike or priuate authoritie against the sacred persons of Kings Neuerthelesse it hath beene aduertized that by Discourses as well in priuate as in publike many persons doe presume to call in question the said Maximes to dispute of them and to hold them for problematike from whence may arise very many inconueniences which of necessitie must be prouided against and that speedily Hee the said Attourney requesteth that seeing the Court is assembled all businesses set aside it will bee pleased to ordaine that the said Decrees shall be renewed and againe published in all the Benches subiect to the Iurisdiction of this Court to the end that the mindes of all the Kings Subiects of what quality or condition so euer may be kept firme and assured concerning the said Maximes and Rules and for the safetie of the Kings life the publike peace and quietnesse With Inhibitions not to transgresse the same vnder the penalties set downe by the said Arrests And that it be enioyned to all their Substitutes to cause the publication thereof to be made and to certifie the Court within a moneth vnder paine to be depriued of their Offices The Court all the Chambers being assembled hath ordayned and doth ordayne that the Arrests of the 2. Decemb 1561. the 29. Decemb. 1594 the 7. of Ianuarie and the 19. of Iuly 1595. the 27. of May the 8. of Iune and the 26. of Nouemb. 1610. and the 26. of Iune 1614. shall bee kept and obserued according to their forme and tenour Forbidding all persons of what qualitie or condition soeuer to transgresse the same And to this end they shall bee published in the Bayliwikes Stewardships and other Benches subiect to this Court by the care of the Substitutes to the Attourney Generall who shall certifie the Court with in a moneth vnder paine to answere it at their perill Made in Parliament the second of Ianuarie 1615. Signed VOISIN The lawfulnesse of all these Arrests or Decrees is manifest partly by that which hath beene said in this Treatise in the Fourth and Fift Obseruation and in the Second Third and Fift Chapters and more particularly by Widdrington in his Discussion of the Decree of the Lateran Councell against Lessius part 2. sect 9. for that Christian Princes by vertue of their temporall power haue good full authoritie according to the doctrine of Ioannes Parisiensis Ioh. Paris de potest Reg. Pap. c. 21. ad 37. Victoria Victoria Relect. 1. de potest Eccles sec 7. §. octaua propositio Sotus Sotus in 4. dist 29. q. 1. ar 4. Bānes Bannes 2. 2. q 11. ar 4. q. 1. in fine Couerrunias Couerr cap. 35. pract quest which is grounded in manifest reason to forbid the maintayning teaching and publishing not only of hereticall erroneous and false propositions but also of all vnnecessarie doctrines and positions be they neuer so probable as the teaching and publishing of the same is dangerous to the Crownes and liues of temporall Princes and tendeth to the subuersion of the State and to the disturbance of the publike peace in the Ciuill Common-wealth whereof the Prince hath charge and to punish with temporall punishments the teachers maintayners and publishers of such dangerous and seditious doctrines Haec omnia Ecclesiae Catholicae indicio subiecta sunto FINIS Page Line Faults corrected 8. 13. would would not 35. 4. at first at the first 71. 16. Authors Authour 87. 27. or vnlawfull or lawfully 133. 20. bound bound 144. 16. bound bound 146. 10. dipose dispose 187. 1. and to be and be 191. 4. Deputies Deputies