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A09102 The iudgment of a Catholicke English-man, living in banishment for his religion VVritten to his priuate friend in England. Concerninge a late booke set forth, and entituled; Triplici nodo, triplex cuneus, or, An apologie for the oath of allegiance. Against two breves of Pope Paulus V. to the Catholickes of England; & a letter of Cardinall Bellarmine to M. George Blackwell, Arch-priest. VVherein, the said oath is shewed to be vnlawfull vnto a Catholicke conscience; for so much, as it conteyneth sundry clauses repugnant to his religion.; Judgment of a Catholicke English-man, living in banishment for his religion Parsons, Robert, 1546-1610. 1608 (1608) STC 19408; ESTC S104538 91,131 136

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no doubt were great if it were true in such a man as Cardinall Bellarmine is that he hath mistaken the whole State of the Questiō in his writing to M. Blackwell going about to impugne only the old Oath of Supremacy in steed of this new Oath entituled Of Allegiance but this is most cleerly refuted by the very first lynes almost of the letter it self For that telling M. Blackwell how sory he was vpon the report that he had taken illicitum Iuramentum an vnlafull Oath he expoundeth presently what Oath he meaneth saying Not therfore deare Brother is that Oath lawfull for that it is offered somwhat tempered modifyed c. Which is euidently meant of the new Oath of Allegiance not only tempered with diuers lawfull clauses of Ciuill Obedience as hath byn shewed but interlaced also with other members that reach to Religion wheras the old Oath of Supremacie hath no such mixture but is playnly and simply set downe for absolute excluding the Popes Supremacie in causes Ecclesiasticall and for making the King supreme Head of the Church in the same causes all which is most euident by the Statutes made about the same from the 25 yeare of King Henry the 8. vnto the end of the raigne of King Edward the sixt V. Only I do heere note by the way that the Apologer in setting downe the forme of the Oath of Supremacie saith I A. B. do vtterly testifie and declare in my Conscience that the Kings Highnes is the only Supreme Gouernour as well in all causes spirituall as temporall wheras in the Statute of 26. of K. Henry the 8. where the tytle of Supremacy is enacted the wordes are these Be it enacted by this present Parlament that the King our Soueraigne his heirs and successors shal be taken accepted and reputed the only Supreme Head in earth of the Church of England called Ecclesia Anglicana and shall haue inioy annexed and vnited to the Imperiall Crowne of this Realme as well the tytle and style therof as all honours digni●yes authorityes annuityes profitis and commodityes to the said Dignity of Supreme Head of the said Church belonging c. VI. And further wheras two yeares after an Oath was deuised for confirmation heerof in Parlament the wordes of the Oath are sett downe That he shall sweare to renounce vtterly and relinquish the Bishop of Rome and his Authority power and iurisdiction c. And that from hence forth he shall accept repute and take the Kings M. tie to be the only Supreme Head in earth of the Church of England c. And that the refusers of this Oath shall be reputed traytors and suffer the paynes of death c. And in other Statutes it is decreed that it shall be treason to deny this title of headship to the King And by like Decree of Parlament it is declared vnder King Edward what this Authority of headshipp is when they say For so much as all Authority of Iurisdiction spirituall and temporall is deryued deduced from the Kings M. tie as Supreme Head of these Churches Realmes of England and Ireland c. VII This was wont to be the doctryne of Supremacy in the tymes of King Henry and King Edward and it was death to deny this tytle or not to sweare the same now our Apologer thinketh it not good to giue it any longer to his Ma. tie that now is but calleth him only Supreme Gouernour which is a new deuise taken from Iohn Reynolds other his fellowes who aboue twenty yeares gone being pressed by his Aduersary M. Hart about calling Q. Elizabeth Head of the Church he denyeth flatly that they called her so but only Supreme Gouernesse which I had thought they had done in regard of her sex that is not permitted to speake in the Church But now I perceaue they haue passed the same also ouer to his M. tie not permitting him to inherite the tytles eyther of King Edward or King Henry which misliketh not vs at all for that so farre they may passe heerin as we may come to agree For if they will vnderstand by supreme Gouernour the temporall Princes Supreme Authority ouer all persons of his dominions both Ecclesiasticall and Temporall in temporall matters excepting only Spirituall wherin as yow haue heard a litle before S. Ambrose told the Christian Emperours of his tyme that being Lay-men they could not rightly meddle I see no great difficulty which in this affayre would remayne betweene vs. VIII To returne then to the Charge of ouersight and grosse mistaking to vse the Apologers words layd by him to Cardinal Bellarmine for impugning the ancienter Oath of Supremacy insteed of this later called Of Allegiance Of giuing the child a wrong name as he saith I see not by what least colour or shew of reason it may stād against him For besydes that which we haue said before of the tēperament modification mentioned by him to be craftily couched in this later Oath which by his letter he refuteth I meane of lawfull and vnlawfull clauses which must needes be vnderstood of the second Oath he adioyneth presently the cōfutation of those modifications saying For yow know that those kind of modifications are nothing els but sleightes subtilityes of Sathā that the Catholicke faith touching the Primacy of the Sea Apostolicke might eyther secretly or openly be shott at Lo heere he mentioneth both the Oathes the one which shooteth secretly at the Primacy of the Sea Apostolicke which is the later Of Allegiance the other that impugneth it openly which is the first of the Supremacy And as he nameth the secōd in the first place so doth he principally prosecute the same proueth the vnlawfulnes therof mentioning the other but only as by the way for that it is as Totū ad Partē to the former as a man can hardly speake of particuler mēbers of a body without naming also the said body as whē S. Iames inuegheth against the tōgue he saith That it inflameth the whole body so Card. all Bellarmine could hardly reproue the particuler branches of the Oath of Allegiance tending against sundry parts of the Popes Primacie without mentioning the generall Oath of Supremacy though it were not his purpose chiefly to impugne that but the other Which later Oath albeit the Apologer sticketh not to say that it toucheth not any part of the Popes Spirituall Supremacy yet in the very next period he contradicteth ouerthroweth himselfe therin For so much as deuiding the said Oath of Allegiance into 14. seuerall partes or parcels twelue of them at least do touch the said Supremacy one way or other as by examination yow will fynd and we shall haue occasion after to declare more at large IX As for example he writeth thus And that the Iniustice saith he as well as the error of Bellarmine his grosse mistaking in this poynt may yet be more cleerly discouered I haue
mislike But if this proue not so and that the matters refused in the Oath are poyntes appertayning in deed to Religion then I hope that by answering fully this poynt we shall satisfy also the second why it was not needfull for the Pope to set downe any particuler confutation in his Breues but only to say as he doth in generall that The integrity of Catholicke Religion permitteth them not to take such an Oath in which both Cyuill and Ecclesiasticall poynts are couched and conioyned craftily togeather with no small preiudice of the said Catholicke Religion XXII And how thē shall we cleare this importāt matter VVhether there be any pointes in this Oath belonging to religion besydes Cyuill Obedience Very easily by foure seuerall and distinct wayes The first wherof shall be taken from the playne expresse wordes sense and drift of the Oath it selfe That besydes the acknowledgment of our Soueraigne to be true King and rightfull Lord ouer all his dominions and that I will be a true loyall Subiect vnto him and other such like clauses wherat no man sticketh or maketh difficulty the said Oath conteyneth further that I must sweare in like manner some poyntes concerning the limitation of the Popes authority to wit what he cannot do towards his Ma. tie or his Successours in any case whatsoeuer Which question being brought from the particuler Hypothesis to the generall Thesis concerning all Kings for the like reason is also in others both in the one the other it toucheth a poynt of doctryne and Catholicke beliefe concerning the sufficiency of Pastorall authority left by our Sauiour in his Church vnto S. Peter and his successours for redressing of all inconueniēces that may fall out which I being a Catholicke cannot in my Conscience for●weare without perill of euerlasting damnation And this is one way of cleering the question XXIII An other is to looke vpon the Popes wordes in his Breues wherby will appeare what his meaning was of the contents of the Oath Wee haue heard saith he how yow are compelled by most grieuous punishments set before yow to go to the Churches of Heretickes to frequent their Assemblyes to be present at their Sermons c. Wherby we are moued by the Zeale of our Pastorall Office and by the Paternall sollicitude which we haue for the saluatiō of your soules to warne pray yow in no sorte to go to the said Churches nor to heare their Sermons nor to cōmunicate with them in any externall rytes least yow do incurre the wrath of God therby For that it is not lawfull for yow to do these things without detriment of Gods seruice and of your owne saluation as also yow may not without most euident and grieuous iniury of Gods honour bynd your selfe with the Oath which in like manner to our great griefe we haue heard to be administred vnto yow of the tenour vnder written c. And then after the whole forme of the Oath set downe he writeth thus VVhich things being so it ought to be cleere vnto yow by the wordes themselues that such an Oath can not be taken without domage to the Catholicke fayth and health of your soules for that it conte●eth many things against the said Catholike saith and health of your soules XXIV By these wordes of the Breue we may see playnly that as the matter of going Church Assemblyes and Sermons of those o● a contrary Religion are forbidden by him as spirituall matters and acts of a fa●● Religion so is the taking of the Oath not in regard of Temporall Cyuil● Obedience to his Ma. tie which by a ●ormer Breue his predecessour had permitted and recommended to an Catholicks soone after his Highnes entrance vnto the Crowne but for the admixture of other causes appertayning to some poyntes of Religion as before hath byn●●●d XXV The third proofe may be taken out of the ensuing ●etter of Card. all Bellarmine who hauing diligently considered with other learned men of the nature of this Oath doth therfore hold it to be vnlawfull for that it is so compounded by artificiall ioyning togeather of Temporall and Spirituall things Cyuill Obedience and forswearing the Popes authority as to vse his wordes No man can professe his Cyail● Subiection and detest treason and conspiracy by this Oath but he must be forced also to renounce the Primacy of the Sea Apostolicke And therfore he compareth it to the crafty composition and commixture of Images of the Emperour Iulian of the Paynim Gods so coupled and combined togeather in his Imperiall banner as dutifull Subiects that were Christiās desyred to performe their Temporall duety Cyuill honour to their Soueraigne could not bow downe to his Picture as the fashion was but must seeme also to do the same to the heathen Idols which rather then they would do they were content to suffer cruell death So as in this case such as denyed to obey in that point did it not for lacke of reuerence and loyall affection to their Emperour as odiously it was obiected and amplified against them but by reason of the mixture of things vnlawfull with those that were lawfull And the like plainly is heere in this case where Catholicks are wrongfully accused to deny their acknowledgment of cyuill Obedience conteyned in this Oath for that they refuse to take the same wheras their refusall is not for this but for other clauses pertayning to their Religion XXVI Fourthly then for a more full and fynall cleering of this matter I can thinke of no better nor more forcible meane then to make this reall offer on the behalfe of euery English Catholicke for better satisfaction of his Ma. tie in this poynt so much vrged of their Cyuill Temporall Obedience First that he will sweare and acknowledge most willingly all those partes and clauses of the Oath that do any way appertaine to the Ciuill and Temporall Obedience due to his Ma. tie whome he acknowledgeth for his true and lawfull kyng and Soueraigne ouer all his Dominions and that he will sweare vnto him as much loyalty as euer any Catholicke Subiect of England did vnto their lawfull King in former tymes and ages before the change of king Henry the eyght or that any forraine Subiect oweth or ought to sweare to any Catholicke Prince whatsoeuer at this day XXVII Secondly that for the Pope who by the force of Catholicke Religion is the Supreme Pastour of his soule he hopeth in Gods goodnes that he will neuer attempt any thing in preiudice of his Ma. tie nor will he euer procure of his part that he do but rather will seeke to stay or let the same as much as shall lye in his power praying hartily for them both But for so much as the Question of his Authority what he might do in certayne vrgent cases for the preseruation of any Countrey and for the vniuersall good of Gods Church is a matter belonging to doctrine Religion he cannot with
or vnder pressures still as hath bene said But for others of the same Religion that cannot frame their Consciences to take the said Oath and yet would gladly giue his Royall Maiesty contentment satisfaction so farre as they might without offending God I can assure yow that it is the greatest affliction of mynd among other pressures that euer fell vnto them For that no violence is like to that which is laied vpon mens Consciences for so much as it lyeth in a mās owne will resolutiō to beare all other oppressions whatsoeuer whether it be losse of goods honours dignityes yea● of life it self but the oppression of the Conscience no man may beare patiently though he would neuer so faine For if he yield therein he offendeth God and leeseth his soule neyther doth Metus cadens in constantem virum feare that may terrify euen a constant man excuse in this behalfe as appeareth by the example of the auncient Martyrs who were forced vnder paine of damnation to stand out to death against all humaine power vexations torments and highest violence rather then to doe say or sweare any thing against their Conscience To all these men then which are thowsands in our Countrey that neuer thought otherwise then to be good Subiects to his Maiesty the deuising of this new Oath was no blessing but an vnspeakeable affliction and angariation of mynd XXXIV To the exhibitours also I see not what blessing it could be or can be so extremely to vex other men without any profit or emolument to themselues or to his Maiestyes seruice which herin they would pretend to aduaunce For if there be any cause of doubt of loyall good will in them that are forced to sweare against their consciences much more cause and reason may there be of like doubt after they haue so sworne then before For that the griefe of their new wound of conscience remayning full within them and stirring them to more auersion of hart for the iniury receaued must needes worke contrary effects to that which is pretended And whosoeuer will not sticke to sweare against his conscience for feare fauour or some other like passion may be presumed that he will as easily breake his Oath after he hath sworne vpon like motiues if occasions doe mooue him And among all other passions none is more strong then that of reuenge for oppressions receaued So as we read of the whole Monarchy of Spaine ouerthrowne and giuen to the Mores for one passion of Count Iulian wherby he desired to be reuenged of his King ●oderiquez Nothing then is gotten in this behalfe of loyall good will by such extreame pressures but much rather lost XXXV But besides all this is the grieuous sinne which they commit who force presse other men to sweare against their consciences then which almost nothing can be imagined more heinous for it is to thrust men headlong especially such as are fearfull into the very precipitation and downfall of hell it selfe For it is the highest degree of scandall actiue so much condemned and detested in Scriptures and so dredfully threatned by our Sauiour to be seuerely punished in the life to come for that scandalizing properly is nothing else but laying a stumbling-block for other men to fall and breake their necks And such a one is this formall Oath which conteyneth diuers things lawfull for a Catholicke to sweare and other things vnlawfull and he is forced by terrour to passe ouer and swallow downe the one with the other without distinction with mani●est repugnance of his Conscience which repugnance to him is alwaies a synne damnable in such a publicke and weighty action though the matter were lawfull in it self and consequently also vnto them that force him to the same eyther knowing or suspecting his said repugnance of Conscience For he that should force a Iew or Turke to sweare that there were a blessed Trinity eyther knowing or suspecting that they would doe it against their Conscience should synne grieuously by forcing them to committ that synne This is Catholicke doctrine which I also thinke the learned Protestants themselues will not deny XXXVI Here if any man obiect that among vs also men are vrged to take Oathes and to abiure their opinions in the tribunalls of Inquisitions and the like and consequently in this Oath they may be forced vnder punishment to abiure the Popes Temporall Authority in dealing with Kings I answere first that if any Hereticke or other should be forced to abiure his opinions with repugnance of conscience it should be a synne to the inforcers if they knew it or suspected it Neyther is it practised or permitted ●n any Catholicke Court that euer I knew But yow will reply that if he doe it not he shall be punished by death or otherwise as the crime requireth and Canons appoint and consequently the like may be vsed towards Catholickes that will not renounce their old opinions of the Popes Authoritye but heere is a great difference for that the Catholicke Church hath Ius acquisitum auncient right ouer Hereticks as her due Subiects for that by their Baptisme they were made her Subiects and left her afterward and went out of her and she vseth but her auncient manner of proceeding against them as against all other of their kynd and quality from the beginning But the Protestant Church of England hath Nullum Ius acquisitum vpon Catholicks that were in possession before them for many hundred yeares as is euident Neyther was there euer any such Oath exacted at their hands by any of their Kings in former Catholicke tymes Neyther is there by any Catholicke forreyne Monarch now liuing vpon earth and consequently by no reason or right at all can English Catholicke men be eyther forced or pressed to this Oath against their Conscience or be punished beaten or destroyed if for their Conscience they refuse to take the same humbly offering notwithstanding to their Soueraigne to giue him all other dutifull satisfaction for their Temporall Obedience and Allegiance which of loyall Catholicke Subiectes may be exacted And this shall suffice for this first point concerning the contents and nature of the Oath Now shall We passe to say somewhat of the Breues and answere made thereunto CONCERNING THE POPES TVVO BREVES AGAINST The receauing of the Oath Paragr II. THE summe of the Popes two Breues the first of the 21. of September Anno 1606. the second of the 21. of August the next yeare following is this That wheras he had heard that the Catholicks of England were very sorely pressed with a new deuised Oath against their Consciēces concerning certayne poyntes appertayning to the Authority of the Sea Apostolicke in some cases he wrote the first Breue to admonish comfort and direct them signifying his harty sorie for their long continued afflictions and exhorting them to patience and constancy in defence of the integrity of Catholike faith and the purity of their owne consciences
teares and sobbes besought them to make intercession vnto God for him And after that religiously exhorted the Synod to be myndfull of the Fathers Decrees for confirmation of Ecclesiasticall rytes c. Wherupon after seauenty and three Decrees made about Ecclesiasticall matters which whosoeuer will read shall fynd them wholy against the Protestants as setting downe describing the whole vse of the Catholicke Church then in Spayne which concurred with our first Primitiue Church of England conforme to that which now also is seene there they in the last Canon which was the 74. turned themselues to treat in like manner of matters of the Common wealth appoynting the order how their Kings for the tyme to come should be established Defuncto in pace Principe Primates Gen. is cum Sacerdotibus successorem Regni consilio communi constituant The Prince being dead in peace let the Nobility of the Nation togeather with the Priests by common counsell appoynt a successour in the kingdome c. XV. And then next to this they do excommunicate all those that shall attempt the destruction of the present King or shall breake their Oath of Fidelity made vnto him Aut si quis praesumptione Tyrannica Regni ●as●i ium vsurpauerit or if any shall by Tyrann cal presumption vsurpe the dignity of the Crowne aut Sacramentum fidei suae quod pro Patriae Gentisque Gothorum sta●u vel conseruatione Regiae salutis pollicitus est violauerit aut Regem neci attrectauerit If any man shall violate the Oath of his fidelitie which he hath promised for the state or conseruation of his Countrey and Gothish Nation and of the Kings safety or shall attempt the Kings death c. Lett him be accursed say they in the sight of God the Father and of his Angels and cast out from the Catholicke Church which by his periury he hath profaned and let him be separated from all Society of Christians togeather with all his associates in such attēptes And this curse they do renew and repeat diuers tymes in that Canon Vt haec tremenda toties iterata sententia nullum ex nobis praesenti atque aeterno condemnet iudicio that this dreadfull and often iterated sentence of excommunication do not condemne any of vs with iudgement present and euerlasting also if we incurre the same XVI This then was the great care which those ancient Fathers wherof the holy and learned man S. Isidorus Archbishop of Siuill was the first that subscribed had of the dutifull obedience fidelity of subiects towards their Princes vnto whome they had once sworne the same But as for any particuler forme of Oath there prescribed wherby this new Oath now required of Allegiāce may be framed that hath so many clauses therin of scruple of cōscience to the receauer I fynd none at all And no doubt but if this King Sisenandus should haue exacted of any of these Bishops or other his subiects such an Oath of Allegiance as should haue beene mixed with any clauses preiudiciall to any of those points of Ecclesiasticall affaires which are handled and decreed by them in the said 73. precedent Canons of this Coūcell or others contrary to their Conscience or iudgment in Religion they would haue beene so farre of from yielding therunto as they would rather haue giuen their liues then their consents to such an Oath XVII But to go forward and speake a word or two more of this Councell of Toledo After those 70. Fathers had taken this order for the temporall safetie of their Prince and Gothish Nation for that was a principall point that none should be admitted to the Crowne but of that race they turne their speach to the present King Sisenandus and to his successours making this exhortation vnto him Te quoquè praesentem Regem ac ●uturos aetatum sequentium Principes humilitate qua debemus deposcimus vt moderati mites erga subiec●os existentes c. We with due humility do require at your hāds also that are our present King and at the hands of those that shall ensue in future tymes that yow be moderate and myld towards your subiects and do rule your people committed vnto yow by God in iustice and piety and do yield to Christ the giuer of all your power good correspondence by raigning ouer them in humility of harte and indeauour of good workes c. And we do promulgate here against all Kings to come this sentence Vt si quis ex eis contra reuerentiam legum superba dominatione fastu Regio in flagitiis crudelissimam potestatem in populis exercuerit Anathematis sententia à Christo Domino condemnetur c. That if any of them shall against the reuerence of the lawes by proud domination and Kingly haughtines exercise wickednes and cruell power vpon the people committed to their charge let him be condemned of Christ by the sentence of curse and let him haue his separation and iudgment from God himselfe XVIII After this for better establishment of the said present King Sisenandus they do confirme the deposition and expulsion from the Crowne of the foresaid King Suintila which by error of the print is called in the Booke of Councells Semithilana pronouncing both him his wife and their brother to be iustly expulsed for their wickednes though the foresaid S. Isidorus then liuing and writing the History of Spayne dedicated to this King Sisenandus doth speake much good of the former parte of the other King his life and raigne And fynally some fyue yeares after this agayne in the sixt Councell of Toledo being gathered togeather in the same Church of S. Leocadia the said Bishops togeather with the Nobility did make this law and prescribed this forme of Oath to all Kings of that nation Vt quisquis succedentium temporum Regni sortitus suerit apicem non anteà conscendat Regiam Sedem quàm inter reliquas conditiones Sacramento pollicitus fuerit hanc se Catholicam non permissurum eos violare fidem That whatsoeuer future King shall obtayne the height of this Kingdome he shall not be permitted to ascend to the Royall seate therof vntill he haue sworne among other conditions that he will neuer suffer his subiects to violate this Catholicke faith Marke that he saith this which was the Catholicke faith then held in Spayne and explicated in those Councels of Toledo the particulers wherof do easely shew that they were as opposite to the Protestant faith as we are now XIX So as all this is against the Apologer for that in these Councells no particuler forme of any Oath was set downe or exhibited at all to Subiects that we can read of but only in generall it is commanded That all do keepe their Oath of Allegiance sworne to their Princes at their first entrance or afterward Which thing no Pope did euer forbid and all English Catholicks at this day do offer willingly to performe the same to