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A03941 A Nevv-Yeares gift for English Catholikes, or A briefe and cleare explication of the new Oath of Allegiance. By E.I. student in Diuinitie; for a more full instruction, and appeasement of the consciences of English Catholikes, concerning the said Oath, then hath beene giuen them by I.E. student in Diuinitie, who compiled the treatise of the prelate and the prince. E. I., student in divinitie.; Preston, Thomas, 1563-1640. 1620 (1620) STC 14049; ESTC S119291 68,467 212

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Oath that doe any way appertayne to the Ciuill and Temporall Obedience due to His Maiestie whom hee acknowledgeth for his true and lawfull King and Soueraigne ouer all His Domioions And Martinus Becanus a famous Iesuite in the first Edition of his Controuersia Anglicana writeth thus Becanus in Controuersia Anglic cap. 3. p. 102 And truly to me it is certaine that all the parts and propositions of the Oath are not false if they bee well declared For these are true first that King Iames is lawfull King of England Scotland and Ireland Secondly that in the same Kingdomes he is the Supreme or Soueraigne Lord in Temporalls 2. First therefore if wee consider the end of this Oath which is only to make profession of our temporall Allegiance and to make a true distinction not betwixt Catholikes and Protestants c. the expresse declaration of His Maiestie and the rules before mentioned in the second and third Obseruation it is euident that by those wordes Soueraigne Lord is not to be vnderstood the Kings Supremacie in Spirituall and Ecclesiasticall but only in Temporall and Ciuill causes 3. Secondly it is also euident that albeit by force of the expresse wordes and the plaine and common vnderstanding of the same to which the seuenth branch of this Oath tyeth the swearer wee are bound only to acknowledge that King Iames is lawfull and rightfull King of this Realme and of all other His Maiesties Dominions and Countries and not that Hee is the Soueraigne Lord of the same both for that those words Soueraigne Lord are put only ex parte subiecti and not ex parte predicati and therefore by vertue of the words are not affirmed as likewise he that stileth the Pope most holy and most blessed doth not affirme him to bee most holy and most blessed vnlesse the words most holy most blessed be put ex parte predicati also that if we regard the force and vertue of those words Soueraigne Lord they haue not the same sense which the words lawfull and rightfull King haue seeing that one may be a lawfull and rightfull King and yet not the Soueraigne Lord of His Kingdome as if the Emperour should make the great Duke of Toscan King of Hetruria he would be lawfull and rightfull King of that Countrie and yet not the Soueraigne or Supreme Lord of the same because hee is as a feudarie subiect to the Emperour Neuerthelesse because the lawfull and rightfull King of England is also the Soueraigne Lord of the same by reason and vertue of the matter we may lawfully and if it bee demanded at our hands are bound to acknowledge and sweare that King Iames is not only the lawfull and rightfull King of England of all other His Maiesties Dominions but also the Soueraigne or Supreme Lord of the same And in this sense both the XIII Priests and also M. Greene vnderstood the word Soueraigne in their Protestation and Declaration 4. Neither is it to the purpose which some obiect that the King of England is the Popes Vassall and as a feudarie subiect to him in Temporals and therefore the Pope and not King Iames is the absolute Soueraigne and supreme Lord in Temporals of this Kingdome For although wee should absurdly admit that for the title and clayme of Temporall Soueraigntie which the Pope pretendeth to haue ouer this Kingdome by vettue of some grant of former Kings may bee brought some probable proofe as there cannot seeing that it is euident that no King of England hath authoritie to giue away His Kingdome or make it subiect in Temporals to another Prince without the consent of the Kingdome it selfe and that no colour of any probable proofe can bee brought from any Authenticall Instrument to shew that the Kingdome of England euer consented to any such grant yet considering that no probable title can bee a sufficient ground to depriue any man of that Right Dominion or any other thing which he actually possesseth but such a title must bee most certaine and out of all controuersie as I shewed aboue in the Fift Obseruation it is manifest that notwithstanding any such probable title euery subiect of this Land may lawfully acknowledge by Oath that King Iames is not only the lawful and rightfull King of this Realme and of all other His Maiesties Dominions and Countries but also the Soueraigne or supreme temporall Lord of the same CHAP. II. The Second Branch of the Oath and an Explication thereof ANd that the Pope neither of himselfe nor by any authoritie of the Church or See of Rome or by any other meanes which any other hath any Power or Authoritie to depose the King or to dispose any of his Maiesties Kingdomes or Dominions or to authorize any forraigne Prince to inuade or annoy Him or his Countries or to discharge any of his Subiects of their Allegiance and Obedience to his Maiestie or to giue license or leaue to any of them to beare Armes rayse Tumults or to offer any violence or hurt to His Maiesties Royal Person State or Gouernment or to any of His Maiesties subiects within His Maiesties Dominions 1. This Branch supposing the former Obseruations hath in it no difficultie at all although wee should admit that the immediate obiect thereof or which is all one that which in this Branch by force of the words we are bound immediately to sweare is not only our sincere acknowledgement and perswasion but also that absolutely and assuredly the Pope hath not any authoritie to depose the King c. For considering that the whole tenour of this Branch tendeth to practise namely to depose to dispose to inuade annoy beare Armes rayse Tumults offer violence or hurt and to discharge subiects of their Allegiance and also that it is a doctrine approoued by many learned Catholikes and who haue examined all the arguments on both sides and consequently that it is truely probable that the Pope hath no authoritie to depriue Princes or to dispose of their Temporals it is as cleere and manifest that any man whether hee bee the Kings subiect or no what opinion soeuer he followeth in speculation concerning the Popes authoritie to depriue Princes yet hee may as certainly acknowledge and sweare that the Pope hath no authoritie to depose the King that is to practize his deposition or any other of those things mentioned in this Branch as it is cleere and manifest that hee may certainly acknowledge and sweare that the Pope hath no authoritie to commit open iniustice and that in a doubtfull vncertaine and disputable case the condition of the possessour is to bee preferred 2. Neither doe temporall Princes or other priuate men that haue any thing in their possessiō greatly regard what learned men who by the subtiltie of their wits can easily finde out some probable colour of a broken and pretended title may speculatiuely dispute in Schooles concerning their titles so that in practice notwithstanding such disputations and speculations they bee secured from
Iesu Doctoris Theologi Defensio fidei Catholicae Apostolicae aduersus Anglicanae sectae errores contayning in the third Booke Chap. 23. p. 376. 79 80 82. Chap. 29. p. 410. 11 12 13 14 15 16 17 18 19 20. Chap. 6. pag. 834. Chap. 8. pag. 844. and in other places many propositions contrarie to the Soueraigne powers of Kings ordained and established by God the peace and quietnesse of their States and that it is lawfull for their subiects and strangers to attempt against their persons Conclusions of the Kings Attorney generall All which beeing considered The said Court hath declared and doth declare the propositions and maximes contayned in the saide Booke to bee scandalous and seditious tending to the subuersion of States and to induce the subiects of Kings and soueraign Princes and others to attempt against their sacred persons and the discourses making mention of King Glodoueus and Philip the Faire to be false and slanderous Hath ordayned and doth ordayne the said Booke of Suarez to bee burned in the Court of the Palace by the Executioner of high Iustice Hath made and doth make iniunctions and inhibitions to Stationers and Printers not to print sell or vtter it and to all persons of what qualitie or condition soeuer not to haue copie out keepe teach in Schooles nor in other places nor to dispute the said maximes and propositions It doth ordayne that according to the Arrest made the 8. of Iune 1610. that the Decree of the Theologicall Facultie made the 4. of Iune the same yeare of renewing the doctrinall Censure of the said Facultie made in the yeare 1408. confirmed by the Councell of Constance together with this present Arrest or Decree as also those of the yeare 1578 and 95. bee read every yeare the 4. day of Iune as well in the said Facultie as in the Colledge of the Priest and Schollers of the Colledge of Claremont This Colledge of Claremont is the Iesuites Colledge and of the foure Mendicants And that at the instance of the Kings Attorney generall informations be taken of the transgressions against the said Arrests and Inhibitions bee made against the copying out hauing and keeping the like bookes Made in Parliament the 26. day of Iune 1614. Signed VOISIN Moreouer it is decreed that the Fathers Ignace Armand Rectour in this Citie Cotton Fronton and Sirmund shall be sent for the first day of the Court and it shall be shewed them that contrarie to their declaration and the Decree of their Generall made in the yeare 1610. the Booke of Suarez hath beene printed and brought into this Citie against the authoritie of the King the safetie of his Crowne and State And it shall be enioyned them to cause their Generall to renew the said Decree and that it be published and that they bring in the Act within sixe moneths And that they prouide that no bookes contayning such damnable and pernicious propositions bee hereafter made or published by any of their Societie And that it bee inioyned them to perswade the people by their Preachers the Doctrine contrarie to the said propositions Otherwise the Court wil proceed against the transgressours as against Traytors and perturbers of the publique peace The aforesaide Arrest or Decree and what hath beene decreed was pronounced in the presence of the Fathers Ignace Armand Charles de la Tour who came in place of Father Cotton absent Fronton du Duc and Iames Sirmund And the Arrest was executed before the great Staires of the Pallace the 27. of Iune 1614. A Copie of another Arrest or Decree of the Parliament of Paris wherein the former doctrine of practizing the deposition of Soueraigne Princes is condemned and the former Decrees made against the Bookes of Card. Bellarmine and Suarez are againe confirmed An Arrest or Decree of the Court of Parliament touching the Kings Soueraigntie in Temporals and against the pernicious doctrine to attempt vpon the sacred persons of Kings The place ✚ of the Kings Armes of France and Nauarre At Paris By F. Morel P. Mettayer the Kings Ordinarie Printers and Stationers 1615. Taken out of the Records of the Parliament WHereas the Kings Attourney Generall hath complayned to the Court all the Chambers thereof being assembled that albeit by many Arrests or Decrees heretofore made with great and mature deliberation the Court hath confirmed the Maximes which haue at all times beene held in France and are naturally engrafted to the Crowne That the King doth not acknowledge any Superiour in Temporals of his Kingdome but God alone And that no power or authoritie can rightfully release his Subiect from the Oath of Allegiance and Obedience which they owe to Him nor suspend depriue or depose him from his said Kingdome and much lesse to attempt or to cause to attempt either by publike or priuate authoritie against the sacred persons of Kings Neuerthelesse it hath beene aduertized that by Discourses as well in priuate as in publike many persons doe presume to call in question the said Maximes to dispute of them and to hold them for problematike from whence may arise very many inconueniences which of necessitie must be prouided against and that speedily Hee the said Attourney requesteth that seeing the Court is assembled all businesses set aside it will bee pleased to ordaine that the said Decrees shall be renewed and againe published in all the Benches subiect to the Iurisdiction of this Court to the end that the mindes of all the Kings Subiects of what quality or condition so euer may be kept firme and assured concerning the said Maximes and Rules and for the safetie of the Kings life the publike peace and quietnesse With Inhibitions not to transgresse the same vnder the penalties set downe by the said Arrests And that it be enioyned to all their Substitutes to cause the publication thereof to be made and to certifie the Court within a moneth vnder paine to be depriued of their Offices The Court all the Chambers being assembled hath ordayned and doth ordayne that the Arrests of the 2. Decemb 1561. the 29. Decemb. 1594 the 7. of Ianuarie and the 19. of Iuly 1595. the 27. of May the 8. of Iune and the 26. of Nouemb. 1610. and the 26. of Iune 1614. shall bee kept and obserued according to their forme and tenour Forbidding all persons of what qualitie or condition soeuer to transgresse the same And to this end they shall bee published in the Bayliwikes Stewardships and other Benches subiect to this Court by the care of the Substitutes to the Attourney Generall who shall certifie the Court with in a moneth vnder paine to answere it at their perill Made in Parliament the second of Ianuarie 1615. Signed VOISIN The lawfulnesse of all these Arrests or Decrees is manifest partly by that which hath beene said in this Treatise in the Fourth and Fift Obseruation and in the Second Third and Fift Chapters and more particularly by Widdrington in his Discussion of the Decree of the Lateran Councell against Lessius part 2. sect 9. for that Christian Princes by vertue of their temporall power haue good full authoritie according to the doctrine of Ioannes Parisiensis Ioh. Paris de potest Reg. Pap. c. 21. ad 37. Victoria Victoria Relect. 1. de potest Eccles sec 7. §. octaua propositio Sotus Sotus in 4. dist 29. q. 1. ar 4. Bānes Bannes 2. 2. q 11. ar 4. q. 1. in fine Couerrunias Couerr cap. 35. pract quest which is grounded in manifest reason to forbid the maintayning teaching and publishing not only of hereticall erroneous and false propositions but also of all vnnecessarie doctrines and positions be they neuer so probable as the teaching and publishing of the same is dangerous to the Crownes and liues of temporall Princes and tendeth to the subuersion of the State and to the disturbance of the publike peace in the Ciuill Common-wealth whereof the Prince hath charge and to punish with temporall punishments the teachers maintayners and publishers of such dangerous and seditious doctrines Haec omnia Ecclesiae Catholicae indicio subiecta sunto FINIS Page Line Faults corrected 8. 13. would would not 35. 4. at first at the first 71. 16. Authors Authour 87. 27. or vnlawfull or lawfully 133. 20. bound bound 144. 16. bound bound 146. 10. dipose dispose 187. 1. and to be and be 191. 4. Deputies Deputies
considering that it is not only probable but also most certaine that hee is excused in conscience and in the sight of God by defending his Prince against such damnable and trayterous practises which are grounded at the most vpon a probable power title and clayme and also that hee cannot bee excused from formall Treason in the externall Court both Ecclesiasticall and Secular of his Soueraigne Prince who is in actuall possession of his Kingdome cānot without open iniustice be dispossessed vpon any vncertayne and controuersed power clayme or title though it were neuer so probable it is euident that those Subiects might iustly bee accounted worse then mad that would in such damnable and trayterous practises concurre with the Pope to the dispossessing of their Soueraigne Prince vnder pretence of a power or title which euen in speculation and abstracting from practise can be at the most but probable 6. Lastly are set downe First the Oath of France or the first Article of the lower House of Parliament wherein of two hundred Deputies for the third Estates were but six Protestants Secondly two Arrests or Decrees of the Parliament of Paris forbidding vnder paine of Treason Cardinall Bellarmines Booke against Barckley and Suarez Booke against our Kings Maiesties Premonition and thirdly another Decree of the said Parliament ordayning likewise that no person of what qualitie or condition soeuer doe teach the said doctrine of deposing Princes as problematicall or probable All which Decrees are proued to be agreeable to truth and iustice and that Christian Princes by vertue of their temporall power haue good and full authoritie both to forbid the teaching maintayning and publishing of all vnnecessarie doctrines positions be they neuer so probable as the teaching and publishing of the same tendeth to the subuersion of States-and to the disturbance of the publike peace in the Ciuill Common wealth and is dangerous to the Crownes and liues of temporall Princes and also to punish with temporall punishments the teachers maintayners and publishers of the same AN ADMONITION TO ENGLISH Catholikes 1. COnsider with your selues Deare Country-men how greatly this new Oath of Allegiance concerneth you all not only in your temporall states and libertie which in conscience you are bound to regard and not wilfully to cast away and the more if you haue a charge of Wife and Children for whom in nature you are obliged to prouide but chiefly in your soules health which aboue all temporall things in this World you are bound to preferre For what doth it profit a man if hee gaine the whole World and sustaine the damage of his soule Mat. 16. Now if this new Oath bee truely an Oath of temporall Allegiance and ministred by lawfull authoritie as this Treatise doth conuince it to bee doubtlesse you incurre the danger of eternall damnation if you refuse it by disobeying and resisting the iust commandement of lawfull authoritie and the Ordinance of Almightie God from whom all power and authoritie doth proceed For he that resisteth power Rom. 13. or authoritie resisteth the Ordinance of God And they that resist purchase to themselues damnation 2. First therefore it behooueth you that are Lay-men to examine diligently this matter and not to be led hoodwinkd into the pit both of spirituall and temporall miserie especially by blinde and ignorant guides who neither vnderstand nor are desirous to know the true grounds of this important Controuersie and therefore can hardly bee drawne for the informing of your consciences to descend with you in particular to the examination of the lawfulnes or vnlawfulnesse of euery Branch of this Oath which many of them I speak with griefe and not without Booke haue not so much as euer read but to cloake their ignorance vnder colour of Zeale and Deuotion without any further examining they only cry out to you in general termes The Church the Pope the Rocke is that which good Catholikes ought to cleaue vnto not knowing themselues what authoritie is spirituall and due to the Pope or Church and what authoritie is temporall and due to temporall Princes and that the Pope is not the Church but only the chiefe member thereof and that the Popes opinion and consequently his Declaratiue Breues when they are grounded either vpon false suppositions or else only vpon his opinion are not the Rocke whereon Catholikes ought to build their eternall saluation and lastly not considering that many times when Popes and Princes haue beene and shall bee in opposition the Popes both haue bin may lawfully bee and also ought to bee resisted As the resistance which Philip the Faire made to Pope Boniface the VIII who depriued the said King gaue his Kingdome to a Genebrard lib. 4. ad annum 1294. Albertus the Emperour and declared that he accounted them for Heretikes who did not beleeue that the said King was subiect to him in Spiritualls and Temporalls b Vignerius ad annum and the resistance which Lewis the XII made to Pope Iulius the II. by whom he was depriued and his Kingdome c Genebrard lib. 4. ad annum 1503. Guicciardin lib. 11. hist Richeome in Apoleget cap. 24 25. See Brerely in the Preface of his Protestants Apologie c. Sec. 20. 21. seq giuen in pray to any that could take it is well commended by Lewis Richeome Prouinciall of the Iesuites and proposed for an example to be imitated yea and he sheweth that whensoeuer any Bishop of Rome should offend the King of France as those Kings were offended by those Bishops the Iesuites in such an occasion would doe that which good Clergie-men and good French-men together with the said King Philip and Lewis did in those times who defended their rights against those Popes Boniface and Iulius without any irreuerence to the Sea Apostolike And therefore I beseech you Deare Countrey-men to take heed vpon what guides you relye for the directing of your soules in these important affaires and remember that Admonition of our Sauiour Mat. 15. Blinde they are and guides of the blinde And if the blinde be guide to the blinde both fall into the ditch 3. Secondly you that are Priests and haue taken vpon you to guide others in the way to saluation and ought to be alwayes readie to satisfie euery one that asketh you a reason of that faith which is in you 1. Pet. 3 if you thinke in your consciences the Oath to bee lawfull and ministred by good and full authoritie you ought to take great heede that your soules bee not defiled nor your consciences stayned with some worldly respect and that neither hope of gaine or preferment nor feare of want or disgrace keepe you backe from giuing warning to those whom you are boūd to guide direct and instruct to beware of the danger which they are like to fall into by resisting the Ordinance of God if they refuse the Oath when it is tendred them by lawfull authoritie lest that you foreseeing their danger and not
now in controuersie did not consider some Reason Law or Decree which hath great force against their opinion but contrariwise that the later Doctors being conuinced with that Reason Law or Decree doe now defend the contrarie opinion If therfore a learned man seeing that Law or Decree or considering that new reason doth defend the opinion of the later Writers against the ancient hee cannot follow in practice the opinion of the ancient Writers against his owne opinion or which is all one by reason of their authoritie and approbation because the opinion of the ancient who haue not seene or considered that Decree or Reason ought not now to be accounted probable And therefore Widdrington defining probable to bee that which is approued by learned and skilfull men for the better vnderstanding and explication of the last words he added who haue seene and examined the difficultie for if they haue not seene and considered that particular difficultie and controuersie they cannot bee accounted learned and skilfull therein 11. Now the particular difficulty and controuersie concerning this point and which those Popes and Doctours mentioned in the obiection did not consider and examine is whether supposing it to bee now a controuersie and to be apptooued by learned Catholikes that the Pope hath no authoritie to depriue Princes it be not open iniustice in the Pope to depriue Princes of their Kingdomes and Dominions which they really and bona fide doe possesse And therefore vnlesse it can bee conuinced that it is not at this day a controuersie among learned Catholikes whether the Pope hath authoritie to depriue which is as hard a matter as to proue that the Sunne doth not giue light at noone daies or else that it is lawfull vpon a doubtfull vncertaine controuersed probable power or title to thrust by violence any man out of that which heeactually and bona fide possesseth the practice of deposing Princes vnder pretence of the probability of the Popes power to depriue Princes cannot bee accounted probable to any learned man so much as to excuse him in conscience and in the sight of God from formall sinne and iniustice 12. But to conclude with this Obseruation which I wish you Deare Countremen diligently to consider That howsoeuer any Subiect concurring in practice with the Pope to the deposing of his lawfull Soueraigue Prince may vnder pretence of some probabilitie of the doctrine to depose Princes by the Popes authoritie perswade himselfe that hee is excused from sinne and formall Treason in his conscience and before the sight of God wherewith Princes not knowing the secrets of mens hearts but leauing them to the iudgement of God doe not intermeddle in their Tribunals yet considering these two things The first that it is most certayne and out of all controuersie that hee is excused in conscience and before the sight of God from all sinne and offence in defending his lawfull Prince who is in possession and in resisting such inuasions and depositions which are grounded only vpon a probable power and title whereas hee cannot with any reason assuredly perswade himselfe that hee is secure in conscience by taking part with the Pope against his Prince who is in possession of his Crowne The Second that it is also most certaine and out of all controuersie that hee may iustly in taking the Popes part against his Prince being inuaded and depriued vnder pretence of a probable power and title although in very deed the power and title were neuer so probable bee accused and condemned both in the Secular and also Ecclesiasticall Court of the Prince inuaded of open and manifest Treason and as a manifest Traitour be deseruedly put to death for that it is open iniustice in the Pope saith the Authour of the Prelate and the Prince to depriue a Prince of his Kingdome to which hee hath probable right and withall possession and consequently it is open Treason in the Subiect to take part with the Pope in that case against his rightfull Prince These two things I say being duly considered I thinke those Subiects to bee starke mad and senslesse and to haue neither the feare of God nor Man before their eyes that can be drawne to approue such damnable practices and consequently neither the doctrine grounds and principles thereof or to concurre with the Pope to the deposing and dispossessing of their Soueraigne Prince vnder pretence of a power title and clayme which euen in speculation and abstracting from practice can bee at the most but probable And so recommending to your prudent considerations this my serious and sincere aduertisement I make an end and request you euer to haue in minde that which I said in the beginning and cannot too often repeate Feare God Honour the King Render to God and Caesar and consequently to Popes and Princes that which is their due 1. Pet. 2. Mat. 22. A Copie of the Oath of Allegiance or the First Article which the Lower House of Parliament wherein of 200. Deputies for the Third Estates were but sixe Protestants propounded to the French King to haue established for a fundamentall Law in the generall Assembly of the three Estates holden at Paris in the yeere 1614. The First Article of the Third Estates taken out of a Booke intituled Apologie de l'Article primier du Tiers Estat pag. 4. THat to stay the course of that pernitious dostrine which some years since hath been broached against Kings and Souereigne powers established by God by seditious spirits who attend only to disturbe and subuert the same Supplication may bee made to the King that hee will cause to bee decreed in the Assemblie of these Estates for a fundamentall Law of the Realme That for as much as hee is acknowledged Soueraigne in his Estate nor houlding his Crowne but from God alone There is not any power on Earth whatsoeuer it be Spirituall or Temporall which hath any right ouer his Kingdome to depriue the sacred persons of our Kings nor to dispence or absolue for any cause or pretence whatsoeuer their Subiects from the Allegiance and obedience which they owe to them That all the Subiects of what qualitie or condition soeuer they be shall hould this Law for holy and true as agreeable to the Word of God without distinction equiuocation or limitation whatsoeuer Which shall be sworne and signed by all the Deputies of the Estates and from henceforth by all that haue Benefices or offices in the Kingdome before they enter into possession of their Benefices and bee admitted into their Offices That all Masters Regents Doctors and Preachers shall bee bound to teach and publish that the contrarie opinion to wit that it is lawfull to kill and depose our Kings to rise vp and rebell against them to shake of the yoake of their obedience for any occasion whatsoeuer is impious detestable and contrarie to truth and against the establishment of the State of France which dependeth immediatly on none but God That all Bookes which doe teach