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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
halt not in that one poynt wherin the comparison is made LX. I passe ouer many other like similitudes as that the Kingdome of heauen is like to a man that soweth good seed in his field As also it is like to leauen which a woman tooke and hid in three measures of meale vntil the whole was leauened It is like also to a treasure hid in the ground and to a Marchant man that seeketh good margarites and precious stones And vnto a net cast into the sea and gathering togeather of all kynd of fishes Who cannot I say fynd out differences and diuersityes if he would study for them in all these similitudes vsed by our Sauiour For as for the last of the net that gathereth togeather perforce good and bad fish in the sea seemeth hard to be applyed to the Kingdome of heauen whether we vnderstand it eyther of Gods Kingdome in the next world or of the Church in this for that in the next world good bad are not admitted and in this world the Church of Christ gathereth none perforce as the net doth But yet in the poynt it selfe wherin Christ our Sauiour made the comparison the similitude doth hold and that is sufficient to shew the impertinent indeauour of this Apologer heere to seeke out diuersityes that appertayne not to the poynt wherin the comparison is made LXI The next example which our Apologer seeketh to auoyd or euacuate in the Cardinalls letter is that of old Eleazar in the booke of Machabees who rather then he would do a thing vnlawfull and against his owne conscience or that might be scandalous to others he refused not to suffer all kynd of torments which the Cardinall applyeth to the taking of this vnlawfull Oath by such as are Catholicks but especially by the Arch-priest head of the Clergie in England whose case he presumeth to be more like to that of Eleazar for his age estimation and authority aboue the rest To which example the Apologer answereth thus That if the Arch-priests ground of refusing this Oath were as good as Eleazars was for refusing to eate of the swynes-flesh that was proposed and vrged vnto him it might not vnfitly be applyed to his purpose But the ground fayling saith he the building cannot stand But this is an escape much like the former that runneth quite from the matter for that the Cardinall supposeth a Catholicke conscience in him to whome he writeth to which conscience it is as repugnant to sweare any thing sounding against any poynt of Catholicke Religion or Doctrine as it was to Eleazar to eate swynes-flesh against the law of Moyses Which supposition being made and that in the Cardinalls iudgment this Oath conteyneth diuers clauses preiudiciall to some poynts of the said Catholice beliefe and doctrine concerning the authority of the Sea Apostolicke and that the taking therof would not only be hurtfull to the taker but offensiue also and scandalous to many other of that Religion both at home and abroad the application of this example of Eleazar was most fit and effectuall Let vs see what ensueth of the rest of the Authorityes LXII The third example is of S. Basill surnamed for his rare learning and holinesse The great who being most earnestly exhorted as Theodoret recounteth the story by Modestus the deputy of Valens the Arrian Emperour sent of purpose to that effect that he should accōmodate himself to the said Emperours will present tyme and not suffer so many great Churches to be abandoned for that all such bishops as would not accommodate themselues were sent into banishment for a little needles subtility of doctrines not so much to be esteemed offering him also the friendship of the Emperour and many other great benefits to ensue both to him and others if he would in this poynt shew himselfe conformable But this holy and prudent man saith the Cardinall answered That it was not to be indured that any one syllable of dyuine doctrynes should be corrupted or neglected but rather that for the defence therof all kynd of torment was to be imbraced Out of which example the Cardinall doth gather how strict and wary a good man must be in yealding to any thing neuer so litle that is preiudicall to the integrity of Catholicke doctryne and it seemeth very fit to the purpose and the cases somwhat like LXIII Yet doth our Apologer by all meanes possible seeke to wype of or weaken all that can be inferred out of this example And first of all he beginneth with a meere calumniation thus First I must obserue saith he that if the Cardinall would leaue a common and ordinary tricke of his in all citations which is to take what makes for him and leaue out what makes against him would cyte the Authors sense as well as the sentence we should not be so much troubled with answering the Ancients which he alledgeth And to instance it in this very place if he had continued his allegation but one lyne further he should haue found this place of Theodoret of more force to haue moued Blackwell to take the Oath then to haue dissuaded him from it For in the very next words it followeth in S. Basils speach I do esteeme greatly the Emperours friendship if it be ioyned with piety but without it I hold it for pernicious So he LXIV And do these words last adioyned make any thing at all for our Apologer Or rather agree they not fitly to the purpose of the Cardinals exhortation though for breuityes sake he left them out How then is their omission brought in for a profe of A common ordinarie tricke of the Cardinals in all his citations to take only that which is for him leaue out what makes against him How is this against him Or how doth this shew any such ordinary tricke of falshood in the Cardinal not in one or two but in all his citations Doth this man care what he saith This then is one shift to answere this Ancient or rather Anticke as heere he is made Let vs see an other LXV His second is by taking aduantage of translation out of the Greeke in which Theodoret wrote his story or rather by peruerting the same in some pointes to his purpose For which cause he repeateth againe the substance of the history in these wordes But that it may appeare saith he whether of vs hath greater right to this place of Theodoret about S. Basil I will in few wordes shew the Authous drift The Emperour Valens being an Arrian at the perswasion of his wife whē he had depriued all the Churches of their Pastours came to Caesarea where S. Basil was then Bishop who as the story reporteth was the light of the world Before he came he sent his Deputy to worke it that S. Basil should hold fellowship with Eudoxius which Eudoxius was Bishop of Constantinople and the principall of the Arrian faction or if