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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

that he acknowledged himselfe vnable to effect it yet at last wonne by their importunitie they being his friends promised to do the best he could hoping they would when they saw it with their memories helpe to supply his defects The same afternoone he began to set downe in writing the Popes speech in his owne phrase and stile as neare as he could remember and when he had done he commanded me being one of his Chaplains and two other of his gentlemen to write out copies thereof which he after presented to the Cardinals his friends who had importuned him to that labour Afterwards they gaue him thankes saying that it was the very Oration which Sixtus had vttered in Consistory and as I was enformed the Pope himselfe liking his doing therein said it was his speech indeed By this meanes the Oration was set forth and published among diuers particular friends and so I reserued to my self a copie which I sent as I haue said soon after to my beloued friend M. William Reynolds And as far as my memory serueth me this here printed according to the Parisian copie doth well agree with the originals first written in Rome for I do yet perfectly remember the beginning out of Abacucke to be the same likewise the facts of Eleazar and of Iudith with the circumstances to haue bene in that Oration as also the circumstances of the Friars going to certaine aduersaries of the league for letters of credence to the King Brisac then prisoner in the Bastile his going forth of the gate so dangerously and his passage through the heretickes campe to his Maiestie with other like circumstances there specified But whether the Pope in this his Oration approueth or alloweth of the Friars fact killing his King for that he had caused the Cardinall of Guise Archbishop of Rhemes to be put to death was esteemed of some a tyrant and fauourer of heretickes or onely admired the prouidence of almightie God as Cardinall Bellarmine in Tortus affirmeth I do not presume to define but leaue it to the consideration of each prudent reader What if the Pope vpon wrongs done to himselfe as a temporall Prince in Italy should authorize some of his vassals or feudatary Princes to wage warre against our King and inuade his dominions is not this lawfull for him by the law of nations How then doth the Oath say that the Pope neither of himselfe nor by any authoritie of the Church or sea of Rome or by any other meanes with any other hath any power or authoritie to depose the King or to dispose any of his Maiesties kingdomes or dominions or to authorize any forrein Prince to inuade or annoy him or his countries That his Holinesse as he is a temporall Prince in Italy may vpon iust cause reuenge iniuries offered by attempting the various euents of warre and thereby seeke to annoy his Maiestie or his countries no man I thinke will doubt but can any man hereby inferre that so doing he hath more authoritie to depose our King or dispose any of his Maiesties kingdomes or inuade his dominions then hath the Emperour French King King of Spaine or any other secular Prince And in case he should attempt in hostile manner not as he is a spirituall Pastor but a secular Prince by himselfe or by the helpe of any forreine Prince to inuade or annoy his Maiestie or his countries euery good subiect may lawfully and in dutie is bound to take armes in defence of his King and countrey against him no lesse then he ought to do against any other secular Potentate whatsoeuer But our Oath speaketh not of the secular power of the Bishop of Rome which he hath onely by the bountie and liberalitie of temporall Princes or by prescription in the temporall dominions he possesseth but of any authoritie whatsoeuer receiued from Christ or his Apostles as he is Christs Vicar and Peters successor as the words of the Oath seeme to import viz. That the Pope neither of himselfe that is as he is Pope nor by any authoritie of the Church or sea of Rome For thus his authoritie is onely and meerly spirituall which was neuer ordained by God to produce such effects as waging of warre inuasion of kingdomes deposing and dethroning of Princes as hath bene said before but onely to practise spirituall censures to wit excommunication suspension interdiction and such like which maketh nothing for such as refuse the taking of the Oath Another obiection some vse to make for their iustification against the Oath viz That he who sweareth must do his best endeuour to disclose and make knowne vnto his Maiestie his heires and successours all treasons and traiterous conspiracies which he shall know or heare of to be against him or any of them But to be a Priest to reconcile or to be reconciled to the Church of Rome is treason by the statutes of this kingdome Anno 23.27 Elizab. Therefore he is bound by this Oath to reueale Priests and all reconciled persons which no man can do without committing a most grieuous and hainous crime Are not these men narrowly driuē to their shifts trow ye when after labouring their wits to defend their refusall of the Oath they can find no better arguments The words of the Oath import that such as take it must make knowne all treasons and traiterous conspiracies which he shall know to be against him How I pray you can this be vnderstood of any who is not disposed to cauill to be meant of Priesthood and confession of sins or reconcilement to the fauour of God or vnitie of his Church and not rather of such like treasons and traitorous conspiracies as were inuented and should haue bene practised by those late wicked sulphurean traitors These indeed and others of like nature and qualitie are directly against his Maiestie his hieres and successours for repressing and detecting such this Oath was inuented and the Act framed not for disclosing Priests or reconciled persons who acccording to the intentiō of the Act are no such traitors as long as they enter not into any treasonable practise against his Maiestie and the State whereof God forbid all Priests should be guiltie And I trust both his Maiestie most learned and wise together with his graue and prudent Councell in their wisedomes know that besides some few who haue already giuen good proofe of their loialtie and dutifull affection though to their great temporall detriment for the same there are many moe who beare likewise a true English heart to their King and countrey and would be ready to make also proofe thereof if occasion were offered Wherefore supposing it were true that by the letter of the law all Priests Jesuites c. mentioned in the statute are to be reputed traitors and all reconciling treason yet I dare auouch it was neuer his Maiesties nor the lawmakers intent to bind any called to the Oath to reueale such kind of traitours or treasons which is made

man to wake a sleeping Lion or stirre a nest of waspes or hornets whereby he might endanger himselfe to be bitten or stong most grieuously Then how much greater is the follie of such as feare not to irritate or incense a King who naturally desireth nothing more then peace and quietnesse to himselfe and his people We learne in holy writ how dreadfull is the terror of a King in that it is compared to the roaring of a Lion Prou. 20. Sicut rugitus Leonis ita terror Regis qui prouocat eum peccat in animam suam As the roaring of a Lion so is the terrour of a King he that prouoketh him offendeth against his owne life Example we haue of King Dauid who was stirred to wrath by Hanon King of Ammonites vpon ingratitude for his loue and kindnesse For Dauid hearing of his fathers death sent some of his seruants to comfort him Hanon following euill counsell forsooth that Dauid did not send to condole with him and comfort him but to espie the Citie and ouerthrow it Whereupon most vngratefully he euill intreated the embassadours shauing halfe their beards and ignominiously cutting their garments vnto the buttockes King Dauid herewith moued to anger prouided an armie to reuenge this iniurie ouerthrew of the Syrians that assisted the Ammonites seuen thousand chariots and slue forty thousand footmen made hauock of the Ammonites bloud and wasted the cities of King Hanon destroying the people in most rufull maner as you may reade in the second booke of the Kings and Paralipomenon 2. Reg. 10. 1. Paralip 19.20 Consider the imprudence and wickednesse of this king imprudence in not foreseeing what dangers he might cast himselfe into by making his friend his foe and stirring him to ire that sought to liue in peace Wickednesse in rendring euill for good and procuring warres the euent whereof is various which was cause that many innocent persons who were not consenting to Hanons fact nor euer haply wished Dauid hurt were in that fury slaine We reade likewise how this holy king Dauid 1. Reg. 25. being in the desert persecuted by Saul purposed and prepared to reuenge himselfe on malicious Nabal for contemning him and his seruants whom in his distresse he had sent in peaceable and friendly sort for victuals and reliefe saying Who is Dauid and what is the sonne of Isai There are seruants multiplied now a dayes which flie from their maisters Shall I then take my breads and my waters and the flesh of my cattell which I haue killed for my shearers and giue it to men whom I know not whence they are Hereupon Dauid in wrath set forward to be reuenged and purposed not to haue left nor Nabal nor any belonging to him to pisse against a wall had not his wife Abigail by her wisedome preuented the shedding of innocent blood meeting with Dauid and pacifying him with gifts prudent speeches and discreete behauiour In the Ecclesiasticall historie is likewise noted Theod. lib. 5. cap. 17. how that renowmed Emperour Theodosius vpon rage caused many innocents in Thessalonica to be put to death for the murther of one Noble man of his court Many moe examples both sacred and prophane might be here alledged to this purpose but these may suffise to giue vs a taste of the miseries that fal on many yea on such as neuer offended when a Prince is iniured and prouoked to anger Indignatio Regis nuncij mortis Prou. 16. vir sapiens placabit eam The indignation of a king is messengers of death and a wise man will appease it If king Dauid or Theodosius might pretend iust cause to reuenge their wrongs in such sort by seuere punishment not onely of the offenders but also of the guiltlesse then surely none can deny but king Iames our dread Soueraigne had much more against the conspirators in the notorious gunpowder-treason and many others of the same religion whō he might well suspect to be of the same confederation In this there was not a contempt onely of his seruants nor a shauing of beards or paring their garments to the buttocks nor yet the murthering of one of his Nobles but out alas here was intended a most pitifull slaughter of the Kings owne person the Queene his wife the yong Prince his sonne the Nobilitie and people in great numbers and then eftsoones had followed a finall destruction of infinite soules and bodies and of this whole florishing kingdome as euery one that is but meanely wise must needes know In that his Highnesse then proceeded no further in furie and indignation against Catholickes being by them so incensed but staied his hands by the execution only of a few principals in that actiō must needs be imputed first to the prouidence of Almightie God who guideth the hearts of kings and next to his rare and singular clemency See his Maiesties proclamation who seemed ready to pardon loath to punish by bloud so many as in that conspiracy offended or to vse such seueritie as the crime deserued In punishing some he practised iustice in pardoning others he extended his mercie which two vertues make a Prince renowmed and by which especially mercie or clemency a king is most strongly fortified and preserued according to that of Salomon Misericordia veritas custodiunt regem Prou. 20. roboratur clementia thronus eius Mercie and Truth keepe the king and with Clemencie his throne is strengthned Greatly were it to be wished that this his mercy might not but it is to be feared that through the default of some it may be turned into furie as sometime it happeneth when the clemencie of a Prince is not regarded or abused that no Nabal were to be found so presumptuous hardie as to contemne not the Kings seruants but himselfe in withstanding his will by vndiscreete if not obstinate refusing to take the Oath of allegeance so iust and reasonable made onely for the safety of the King and kingdome and exacted as a note to distinguish friends from foes good subiects from euill affected and to take from Catholicks the heauie imputation of treason and treacherie which hath lien long on their necks A child if he see his father in anger chastising his brother feareth though he offended him not and so doth the scholler in the schoole dread the rod when the maister in rage correcteth one of his fellowes The Lion roareth in the desert and all feare that here the noyse Leo rugiet quis non timebit How much more then is a king to be feared Amos. 3. who vnder God hath power of life and death as Pilate said to our Sauiour Nescis quia potestatem habeo crucifigere te potestatem habeo dimittere Doest thou not know that I haue power to crucifie thee and haue power to let thee go a Aug. Trac 116. parum à medio Tom. 9. Which power was giuen him from aboue as is plaine Consider in what case rich Nabal was when he

not onely that impious opiniō or heresie of Anabaptisme or Brownisme which he held before but also all other heresies as Pelagianisme Arianisme Nestorianisme c. which haply he had alwayes before detested This therefore is but a vaine verball shift of some who not knowing what to say against the maine points of the Oath are driuen out of the profundity of their wits to seeke a knot in a rush to inuent a difficultie where none is therby to intrap the soules of scrupulous consciences and deterre them from performing their dutie to their Prince making no conscience to ouerthrow them also in their temporals If any insift saying that they thinke indeed the doctrine which teacheth it to be no sin to depose or murther a good and lawfull King such a one as gouerneth for the good of the common wealth to be hereticall but if he become a tyrant such a one as hath more care of his owne vtilitie then of the weale publicke and seeketh to subuert the State persecuteth the professours of the true religion and sets vp idolatrie in steed of Christian faith in the iudgement of the people it is not heresie to teach that he may be deposed by the State assembled or lawfully murthered by any man whatsoeuer And is not this pernicious doctrine of many sectaries of this age heresie It being directly repugnant to the doctrine and example of our Sauiour Christ and his Apostles against the law giuen to Moses Thou shalt not kill as also against that saying of our Lord Qui acceperit gladium gladio peribit Whosoeuer shall take the sword to strike withall without authority shal perish with the sword This was that dangerous positiō worthily condēned as heretical in the Councel of Constance Quilibet tyrannus potest debet licitè meritoriè occidi c. Conc. Constant sell 15. an 1415. Euery tyrant may and ought lawfully and meritoriously to be murthered by any his vassall or subiect wharsoeuer either by close trechery or by smooth practises and insinuations notwithstanding any Oath taken or promise of allegiance made vnto him nay not so much as expecting the sentence or warrant of any Iudge whatsoeuer Against which error this holy Synode endeuoring to arise and vtterly to extinguish the same after mature deliberation doth declare and define that this doctrine erroneous in faith and manners and doth reiect and condemne it as hereticall and scandalous opening a gap to fraude deceipt dissimulation treason and periury It doth moreouer declare and define that they who shall obstinatly maintaine this pernicious doctrine are heretikes and as such to be punished according to the canonicall decrees And that this is the intent and purpose of the Synode Molanus de fide haeret ser lib. 5. c. 6. Molanus sheweth thus Patres indistinctè de quolibet tyranno loquuntur doctrina illa de vtriusque ge●er is tyranno est in fide moribus erronea The Fathers speake indistinctly of euery sort of tyrant and that doctrine of killing a tyrant of either sort is in faith manners erroneous land it giueth way to fraudes deceipts lyings treasons periuries for those things which concerne the commonwealth are not to be handled or accomplished of priuate persons among which is the occision of an inuader Thus farre he This doctrine or position was also long since two yeares before the Councell condemned as impious hereticall and damnable by 141. Diuines of the Faculty or schoole of Paris anno 1413. December 13. and now lately againe by the same facultie anno 1610. since the bloudie parricide of the French king Henry the fourth The decree is this The decree of the Doctors of Sorb as it is set downe in Antimariana Censet seditiosum impium haer eticum esse The sacred Facultie iudgeth or decreeth that it is seditious impious and hereticall for any subiect vassall or stranger vpon what occasion pretence or diuised colour soeuer sacris Regumpersonis vina inferre to do any violence note wel against the sacred persons of Kings Whereunto accordeth S. Thomas that yea a tyrant may not be slain by his subiects otherwise he should be contrary to himselfe for thus he writeth Tho. de regim prin lib. 1. c. 6. Essetmultitudini periculosum eius rectoribus It were dangerous to the people and their gouernours that any should attempt to take away the life of Princes though they were tyrants for commonly not the well disposed but the ill affected men do thrust themselues into that danger And the gouernement of good Kings is as odious to bad men as the rule of tyrants to good people Wherefore the kingdome by this presumption would be rather in danger to forgo a good Prince then a wicked tyrant So S. Thomas By this Catholicke censure of that famous Vniuerfitie and by the definitiue sentence of the generall Councell and the doctrine of S. Thomas you see it to be condemned as hereticall and damnable doctrine that Princes as in our Oath which be excommunicated or tyrants by the Councell may be deposed which cannot be effected without violence to their persons and slaughter of many men by their subiects Nobles or commons or any other whatsoeuer Whereby you may secure your conscience this part of the Oath to be lawfull and may be taken without feare or preiudicating the Popes spirituall authoritie Sir what say you then to the Friars killing his liege Lord Henrie the third of France the mod Christian King supposed to be a tyrant in gouernement and a fauourer of heretikes applauded or allowed of as seemeth to some by Pope Sixtus 5. in his oration made in a secret Consistorie before the Cardinals anone after the certaine newes of the act and the Kings death My opinion is that as the doctrine teaching to be no sinne to kill a tyrant is worthily condemned as impious and hereticall which you haue heard sufficiently proued in the precedent pages so such a fact of such a one in such sort must needs be most impious and damnable yea supposing we should grant that King to haue bene such a one as is aboue said albeit the French know right well he was their true and rightful King and besides liued and died a member of the Catholicke Romane Church And whosoeuer will go about to excuse this inexcusable fact and to say that he did it either out of a great zeale to deliuer the commonwealth from such a supposed wicked and tyrannical King or else that he did it by diuine inspiratiō being ordained and appointed by God so to do Saint Paul teacheth otherwise to wit Non faciamus mala vt veniant bone Let vs not do euill that there may come good And Dauid a man according to Gods owne heart elected to be King of the Iewes both by his example proceeded and in his doctrine taught otherwise For when Dauid persecuted by Saul yea who at that time sought his life came euen to Sauls Tent whilest he was sleeping