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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A14777	A moderate defence of the Oath of Allegiance vvherein 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 souerainge 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.	Warmington, William, b. 1555 or 6.; Sixtus V, Pope, 1520-1590. De Henrici Tertii morte sermo. English.	1612 (1612)	STC 25076; ESTC S119569	134,530	184

heard his wife Abigail recount vnto him who by her prudence had appeased and pacified Dauid coming in furie and rage to reuenge what Dauid had intended against him he feared and trembled in such wise as with the newes he became euen senslesse Et emortuum est cor eius intrinsecus 1. Reg. 25. factus est quasi lapis that is And his heart was dead inwardly and he became as a stone and there upon within ten daies after striken by God gaue vp the ghost Had Nabal cause to feare Dauid not then accepted of the people for king Saul being yet aliue and haue not we iust cause to feare how we offend and stirre to ire our dread Soueraigne so mightie a Monarch Was the occasion that Nabal gaue in comparison of that of our Catholickes alike Conferre the crime of the one and the other and you shall find great inequalitie as great as betweene a word and a blow yea such a blow as posterity will hardly beleeue could be offered when they shal reade it in Chronicles Meane while we that by Gods goodnes are yet liuing and be eye witnesses thereof haue cause to lament and testifie with Habacuc the Prophet Quia opus factum est in diebus nostris Habac. 1. quod nemo credet cum narrabitur That a worke hath bene done in our daies which no man will beleeue when it shall be told and to wish that some discreete Abigail may be found to step forth and meete with our liege Lord comming in great ire to reuenge and with prudence to pacifie and perswade him to surcease for the loialtie and true affection of many other his innocent Catholicke subiects who lie prostate at his royall feete lamenting their brethrens follie and humbly beseeching pardon with offer for and in his defence of both life and limme But woe is me whilest some endeuour to quench a flaming fire by taking away the wood knowing that Cum defecerint ligna Prou. 26. extinguetur ignis When the wood faileth or is taken away the fire will be quenched others put more wood to the fire and so increase the flame Whilest his Maiestie meditateth mercie and requireth that which iustly he may and we in conscience are bound to performe Nabal yea many Nabals arise and do adde matter to kindle his wrath in resisting his will and denying his iust demand which is only to discharge their duties in rendering to Caesar that is Caesars to sweare fealtie and true obedience vnto him in temporals according to the tenure of the Oath framed and enacted the third yeare of his reigne without derogation to any spirituall authoritie of the Pope or infringement of any point of the Catholicke faith The cause then wherefore this Oath of allegeance was made no man can doubt but the most barbarous Gun-powder conspiracy was the onely vrgent motiue it neuer being in common knowledge so much as thought of before The scope and end thereof was that by taking or refusing the same the King and State might distinguish betweene true and faithfull and hollow-hearted Catholicke subiects Regis Praemo pag. 12. and his Maiestie might be more fully assured of their constancie and fidelitie in time of need vpon any cause to be offered whatsoeuer or by Prince people Pope or whosoeuer And can any man maruell that the Pope is therein named Doth this scandalize any Consider but what they were that inserted it the time and place and pretence of reason they had or might haue to imagine being so aduerse or opposite to him in religion and the Treason so fresh in memorie that his Holinesse might giue leaue or encouragement or at least be priuie and so to winke at such an attempt presuming that no Catholicke durst enterprise such a fact without conniuence at least of supreme authoritie And had they not cause to feare or doubt him more then any other none being therein culpable but only Iesuites and Catholickes of whom some haply thinke themselues bound to obey him whatsoeuer he command for that in their opinion he cannot erre in commanding Howbeit we that are by Gods grace Catholicks also agreeing in all points with Christ his Vicar the Pope of Rome in vnitie of faith do no way suspect that euer he was consenting much lesse gaue way to authorize such enormous and wicked designements though withall we dissent from them that thinke he cannot erre no not in a matter of fact The State there assembled were not such babes as that they needed be taught of the Pope his proceedings with Princes about their depriuations or depositions for diuers crimes when he hath hope to preuaile but especially for heresie or apostasie They knew right well likewise that if his Highnes should be by his Holinesse denounced and declared an hereticke what dangers might soone after ensue therefore was it thought wisedome to preuent a mischiefe ere it happen in exacting an Oath of allegeance at Catholicks hands in that maner and forme as it is set downe thereby more firmly to binde them to the performance of their dutie whereto otherwise by the law of God and nature they rest obliged For it is to be presumed that a Christian an honest man that hath feare of Gods iudgements wil not become perfidious nor rashly or vniustly breake that oath which discreetly and iustly he consented to take Iurabit proximo suo Psal 14. non decipiet He will sweare to his neighbour and wil not deceiue him By this now I trust deare Catholicke brethren you are satisfied that an Oath of allegeance may be iustly exacted at our hands and that we are bound to sweare fealtie to our Prince when it shall be required of vs. But you make doubt lest more be contained in this Oath then fealtie or ciuill obedience to his Maiestie viz. some points against the spirituall authoritie of the Pope which you being Catholickes may not gainsay but are bound in conscience to maintaine If you could satisfie vs say you that nothing is therein contained against any article of faith and that we may disobey his Holinesse who prohibiteth the taking thereof without danger of mortall sinne you shall do vs a singular pleasure therfore I pray you resolue vs herein that are much perplexed about it by reason of the great corporall troubles we are like to fall into if by disobeying the King we refuse it or for the hazard of our soules as we thinke if in disobeying the Pope and scandalizing our brethren the Catholickes we take it Beloued brethren I trust you expect not at my hands that I should fully and exactly discusse euery point of the Oath and answer euery scrupulous difficultie that some vse to make albeit it might be easie to effect for it would require a better librarie then mine is at this present more labour then I can well affoord by reason of my feeble bodie and a larger treatise then I meane to make Your desire is as I presume onely to know

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

his spirit may be saued in the day of our Lord. 1. Cor. 5. Disciplina est enim excommunicatio non eradicatio Now what can here be gathered by the definition end effects or substance of this spirituall censure for deposing Kings and disposing of temporals Marry sir that subiects are bound obeying the chiefe Pastors censure to shun their Prince excommunicated performing no dutie vnto him nor in any sort to communicate with him for an excommunicate person by name ought of all to be auoided to whom os orare vale communio mensa negatur And then when all forsake him is he not in effect deposed Yes truly when all his subiects do forsake him and he left alone Sed quando haec eru●● Is a King more like to be forsaken then a paterfamilias a priuate man Almaine saith indeede Alm. de pot Eccl. laic● q. 1. cap. 9. that the Pope may forbid the subiects of a Prince vnder paine of excommunication to performe any dutie vnto him whereby in effect he loseth his kingdome when no man doth regard him yet cannot depose him though he abuse his authoritie to the destruction of the Christian faith But if a generall defection of subiects follow not if according to their dutie they adhere faithfully vnto him without regard to his censure how then What his Holinesse may do in this case of excommunication with absolute Princes being sheepe of Christs fold to be directed and corrected with that spirituall rod when there is hope of amendment as well as priuate men I will not dispute but experience of former ages teacheth it is not expedient See S. Aug. lib 3. c. 2. cont ep Parm. c. 26. and that such practise breedeth oft schismes reuolts troubles and tendeth rather to destruction of many then to edification of any when as S. Paul professeth power to be giuen to the Church to edifie not to destroy And when this power is exercised in destructionem it is not that power which cometh from God but impotencie and defect This we may be said to do that we may lawfully do Which power Doctor Sanders calleth the sword of the Church and sheweth how it should be vsed Sand. de clau Dauid c. 9. Gladius Ecclesiae in aedificationem datus est c. The sword of the Church is giuen to edification not to destruction to conferre life not to inferre death for defence of the flocke not for hurt of the sheepe to driue away the Wolfe not to deuoure the lambe This sword being spirituall and is to worke vpon soules not bodies or goods of any may be drawne foorth I must cōfesse by the supreme Pastor against exorbitant Princes whose superior he ought to be acknowledged but onely in spirituals when there is hope to saue not to destroy to do good no harme and rather to make a wolfe a lambe then cause a lambe to become a wolfe ready to deuoure the flocke as sometimes such censures haue done which lamētable experience on the persons of many Princes can testifie whereupon they proceeded further haply in rigor with their subiects then otherwise they would haue done and not so much for excommunication onely as for the clauses of depriuation deposition and absolution of subiects from their dutifull obedience which are farre from the nature and substance of a spirituall censure and exceedeth the limited of that power as very learned Catholike Authors go about to proue Excommunicatio saith Ludouicus Richeom non nisi excommunicatum facere potest Richeom in apolog eáque fulminatur in Principes c. Excommunication cannot cause one to be but excommunicated and it is thundred out against Princes not that they may become tyrants nor remoued from their possessions nor to slacken the raines vnto subiects or that they may be freed from their sworne fidelitie To this agreeth Medina Excommunicato non est priuatio alicuius boni proprij Medina in 1.2 q. 96. ar 4. citans Sotum quod transgressor legis prius possederat sed est priuatio bonorum communium c. Excommunication is not a taking away of any proper good which the transgressor of the law before had possessed but it is a depriuing of the common goods which he was to receiue of the Church as spirituall communion and receiuing sacraments By which doctrine is plaine that none poore or rich subiect or Prince may by vertue of excommunication meerely be dispossessed of any temporall goods whatsoeuer If they could then woe to all Christians in this respect that liue in such times as Bishops and Popes are not saints Any man excommunicated vpon repētance may returne to grace be receiued of the Church and may recouer those spirituall goods he had lost as prayers suffrages and sacraments of the Church c. But if temporals especially kingdomes be once lost and confiscate what hope of recouery Wil it not be too late to cry Peccaui So then that punishment which God hath ordained for the good of soules would be most like to turne to the destruction of bodies soules and goods for euer if excommunication could worke such effect and were not as it ought to be medicinalis but exitialis which is not to be granted Moreouer if ye looke backe to ancient Canons of generall Councels yea to the Canons of the Apostles you shall see for the same or like crimes punishments to be inflicted on offendors but deposition inflicted on Clercks and on Laicks excommunication or depriuing onely of sacraments and communion making this distinction Si Clericus sit deponitor si Laicus à communione eijcitor Insinuating thereby as may seeme that the Church hath superioritie directly ouer Clerks to deposition or degradation of persons not so ouer the persons of Laicks further then to the censure of excommunication and therefore not ouer kingdomes and Kings who acknowledge no superiour on earth in temporals But I pray you if the Popes Holines vpon cause of heresie do excommunicate a Prince or priuate man and all that shall communicate with him or obey him is he not then to be auoided and forsaken of his subiects and inferiours or others whosoeuer He that denieth this seemeth to deny the Popes spirituall authority of binding that of S. Paul Haereticum hominem post primam secundam correptionem denita Tit. 3. A man that is an hereticke after the first and second admonition auoide What is this to our Oath Is there any such clause for heresie in it Are we to adde vnto it by our idle inuentions or are we vrged to take it otherwise then the words import simply as they lye framed by act of Parliament But these and such like fond verball obiections are the cauilling shifts of such as know not how to giue better answers to the substantiall points of the Oath and perswade some to the losse of their liues and others of their lands and goods to their vtter ruine if iustice without mercy be executed that it cannot be

is not deliuered vs by man but is proclaimed from God admitteth no humane dispensation at all neither is it lawfull for any man in any sort to absolue from these that is Ioan. De Turrecrē in can Lector dist 34. diuine precepts Such I take our Oath of allegiance to be published and proclaimed by God commanding subiects and all inferiors to render vnto Caesar and all superiours their due against which no dispensation no absolution can be of force And herein I say not that his Holinesse cannot dispence or absolue from any Oath but from this particular Oath wherein is nothing promised which is not manifestly law full and profitable and due to him to whom it is made and in such an Oath S. Thomas saith 2.2 q. 89. ar 9. ad 3. dispensation seemeth to haue no place because besides the obligation to Almightie God there riseth a new to his Maiestie which cannot be released by Pope subiects or any other then by himselfe to whom it is made Neither doth the Popes power extend to the taking away of the right of a third person in matters which are not Ecclesiasticall as Caietan affirmeth And therefore cannot absolue a subiect from an Oath of allegiance to his Prince for that it would be preiudiciall vnto him Caiet In 2 2. q. 89. ar 9. Praelatus Ecclesiasticus etiam Papa c. An Ecclesiasticall Prelate saith he yea the Pope hath not in such maner power ouer Oathes as ouer vowes Because it is not in the Popes power to take away the right of a third man in matters not Ecclesiasticall as it is in his power to change to wit vowes into something more acceptable to God for that he is Gods Vicar and is not the Vicar of that man neither is he so ouer him as he may depriue him of his goods at his pleasure Tolet. instr sacer li. 4. c. 23. nu 3. Whereto agreeth Card. Tolet Quando iuramentum c. When an Oath is to the vtilitie of some third person it cannot be dispenced withall no not by the Pope without the consent of the third person as also the Pope cannot take away an other mans goods Whereto tendeth our Oath but to the vtilitie or good of his Maiesty and to his great preiudice would it not be if his subiects should accept of any absolution from the same Speculator likewise denieth that the Pope may absolue any man from a lawfull Oath Tit. de legato §. nunc ostendendum n. 24. because the bond of keeping an Oath and performing it to God is of the law of nature and diuine By this appeareth that iust and lawfull Oathes being such as may be preiudiciall to a third person cannot be dispenced withall But the Church vseth to remit an Oath extorted by force or feare It may be answered that if such an Oath extorted be manifestly vniust and would be against the law of God to be taken without force or feare no violence or feare of losing goods or life can make it lawfull Which doctrine is taught in the Canon-law lib. 1. Decretal de his quae vi metusue cap. 2. in glossa and 15. c.q. 6. in glossa Extra de iureiurando that for no feare it is lawfull to incurr e a mortall sin C. super co de vsuris Which in another place is taught also of a veniall sinne Therfore an Oath extorted of a thing vnlawfull the Church vseth not to remit or release when as no man will thinke that vnlawfull Oaths are to be kept as hath bene said before What say you then to lawfull Oathes yet compelled by feare of losing goods libertie c If it be iust and lawfull which thou art required to do why doest thou refuse to do it and why expectest thou compulsion to make thee to performe that which in dutie thou art bound I know thou wilt grant that a father may shake his rod threaten to correct his child and beate him if of stubburnnesse will not aske blessing or will not do his dutie by obeying him So may the Magistrate who carrieth the sword ad vindictam malefactorum not onely threaten but really punish and force thee to performance of that which is lawfull and thou oughtest otherwise to do And God himself the patterne of good gouernment threatneth hell fire and punisheth seuerely the transgressors of his law with many corporall afflictions and therby forceth many to obserue and keepe his commandements which of loue without any such compulsion they ought in dutie to do Will any hereof inferre that the Pope or any power on earth can absolue these from performing their duty to God or man for that it is extorted by feare Then I conclude that lawfull Oathes such as are made by subiects to Princes of their fidelitie bind in conscience although they be forced on them by feare of punishments and cannot be dispenced withall To this purpose Caietan saith that Oathes of him that promiseth whether they be coacted or voluntarie Caiet in 2.2 si habent materiam bonam moraliter do binde in the court of conscience Whereas some will say that Popes haue practised this authorie of absoluing subiects from lawfull Oaths it may be answered with Ioan. de Turrecrecremata Syluester Soto and others That the facts of Popes make not an article of faith And it is one thing to do somewhat de facto and another to determine that so it ought to be done de iure Turrecremata speaking of vnlawfull dispensations saith And if it were so done at any time by some Pope either ignorant in diuine learning or blinded with couetousnesse of mony which for such exorbitant dispensatiōs is accustomed to be offered or else to please men it followeth not that he could do it iustly that was Clement 3. dispencing with Constantia a professed Nunne to marrie with Henrie 6. Emperor son to Fredericke 2. The Church is gouerned or ought to be gouerned by rights lawes not by such facts or examples Thus you see that it is no denying his Holinesse spirituall power to say that he cannot dispence in all lawes all vowes or all oathes nor consequently absolue me of this Oath of allegiance How I pray you can I sweare truly as I must if I do well that which neuer was determined or defined by the Church but is matter of opiniō diuersly held of diuers learned men Verie well and without sinne And you may obserue what is commanded in holy Scripture to such as shall take an Oath Ierem. 4. Iurabis Domino in veritate in iudicio in iustitia For then is a man said to sweare truly that his doctrine of opinion v. g. that the Pope cannot by any authoritie depose Princes or such a thing is true not onely when he certainly knoweth it to be so but also when he is perswaded in his conscience vpon probable reason Tolet. instru sacer l. 4. c. 21 nu 4. Syl. verb. periurium 22. q. 2.