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A16796 The copie of a letter vvritten by M. Doctor Allen: concerning the yeelding vp of the citie of Dauentrie vnto his Catholike Maiestie, by Sir VVilliam Stanley knight. VVherin is shevved both hovve lavvful, honorable and necessarie that action vvas; and also that al others, especiallie those of the English nation that detayne anie tovvnes, or other places, in the lovve countries from the King Catholike are bound, vpon paine of damnation, to do the like. Before vvhich is also prefixed a gentlemans letter, that gaue occasion, of this discourse. Allen, William, 1532-1594.; R. A., fl. 1587.; Ashton, Roger, d. 1591, attributed name. 1587 (1587) STC 370; ESTC S112764 16,431 30

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this point that as al actes of iustice vvithin the realme done by the Quenes authoritie euer since she vvas by publike sentence of the Church and Sea Apostolike declared an Haeretike and an enimie of Gods Church and for the same by name excōmunicated deposed from al regal dignitie as I say euer sithence the publication therof al is voide by the lavve of God and man so likevvise no vvarre can be lavvfully denounced or vvaged by her though othervvise in it selfe it vvere most iust Because that is the first condition that is required in iust warre that it be by one denounced that hath lawful and supreme povvre to doe the same as no excōmunicate person hath especially if he be vvithal deposed frō his Regal dignitie by Christ his ovvne vicare vvhich is the supreme povvre in earth And al subiectes are not only absolued discharged of their seruice oth homage obediēce but specially forbidde to serue or obey any such canonically cōdemned person Nos sayth Gregorie the seuēth Sanctorum Praedecessorum nostrorum Statuta tenentes eos qui excommunicatis fidelitate aut Sacramento constricti sunt Apostolica authoritate à sacramento absoluimus ne eis fidelitatem obseruent omnibus modis prohibemus that is wee according to our Praedecessors Decrees do assoyle and discharge al them that by obligation of oth or fidelitie are bound to persones excommunicate and that they doe not obey such we do expresly forbid And for their discharge especially that serue in such vvarres there is an expresse Canon of Vrbanus the second Iuratos milites Hugoni Comiti ne ipsi quandiu excommunicatus est seruiant prohibeto qui si sacramentum pratenderint moneantur oportere Deo magis seruire quam hominibus Fidelitatem enim quā Christiano principi iurarunt Deo eiusque Sanctis aduersanti eorum praecepta calcanti nulla cohibentur authoritate persoluere Which is thus in oure toung Geue order that the sworne souldiars of Countie Hughe serue him not so long as he stadeth excommunicate And if they praetēd their former oth made vnto him admonish them that God is to be serued before men For that oth which they made to him then when he was à Christian Prince is not nowe to be kept towardes him being an enimie to God his Sainctes à breaker cōtemner of their cōmaundementes These fevve as I might doe much more I alleadge that you may see the sense of the Catholike Church vvhich to you that be the children of the same vvil be à ful vvarrant for al your actions à guide for al Gentlemen persons of rightly informed consciences hovve to behaue them selues vvhen not only the warres are for Religion but vvhen any excommunicate or canonically condemned Prince is one partie Whom no man by lavve can serue nor geue ayde vnto but he falleth into Excommunication And therfore vvhē S. Augustin vvriteth that sometimes it falleth out that à iust man may serue à vvicked sacrilegious King in the vvarres for obediēce to his superiour so that nothing be cōmaunded him plainly against Gods praeceptes especial exception is made in Kinges excommunicated Who differ in this case in respect of seruice obediēce of their subiectes and are in à vvoorse Praedicament then any either heathen or vniust Prince or Potētate vvho so euer yea then Iuliane the Apostata him selfe vvhom to serue in iust vvarres causes Christian souldiars vvere not by the Church then prohibited but only vvere as vvel by the lavve of God as the Church forbidden to serue him in any vvarre or vvoorke against Christ and Christians or vvhen he vvent about to destroy the true Religion But vvhere for defection from the faith or other enormities not tolerable the sentence of Excommunication Depositiō is also adioyned there can neither be lavvful vvarres nor any dutie of seruice in the same allovvable So great à crime it is in à Prince that is exalted by God to administer iustice to defend Christs Church the faithful people therof and taketh à solemne corporal oth at his coronatiō by his vvoorde might to obserue maintayne the lavves priuilegies of holy Church al praerogatiues graunted by his praedecessours to the same and to honour the Bisshoppes Clergie of his realme aftervvard neglecting his oth promise and vocation to bend al his povvre to destroy Gods Religiō Church Priestes become an enimie to al humane societie This then being the miserable condition of such Princes as be cutt of by the Churches Censures from the felovvshippe of the faithful you may see vvhat à dishonorable thing it is for men of honour or honestie to striue by armes for the vpholding of them vvhō God by his iust iudgemētes the Churches sentence doth pul dovvne And thervvith perceiue that those that breake vvith God can not claime any bōde of oth or fidelitie of them that were their subiectes And least of al of christian Knightes Gentlemen of armes the principal institution and professiō of al such noble orders being for defēce of the true Catholike Apostolike faith and to be svvorne aduersaries and persecutors of Gods enimies the Crosse and Cognissaunce they vveare protesting the same As contrarievvise no Haeretike can be à lavvful souldiar but by the imperial and canon lavves is to be degarded of militare dignitie armes and to be spoyled of his militare girdle as they then spake For Haeresie maketh à man by al christian lavves infamous and voideth him of al degrees and titles of honour among vvhich militare order is of olde time vvas so great that euery man of armes vvas capable of the Imperial souereigntie Therfore as in yeelding vp the places vniustly possessed you did an act of restitution iustice so Gentlemen in forsaking the vvarres of the other side for so many respectes as I haue saide dishonorable vnlavvful damnable you haue done doubtlesse agreably to your christian knighthood an act much renovvmed in al these partes of the best vvisest of al degrees And the same that you haue done al other of honour conscience and Religion of our countrie are bound to doe as vvel in this vvarre as in al other vvhich either at home or abrode is vvaged for or against Religion After King Saul vvas by God and the Prophets sentence as it vvere excommunicated and deposed it vvas no fault for Dauid or others either of the Priestes or people to reuolt from him nor for the vvorthie Capitaine Abner to reuolt from Saules sonne that claimed the Kingdome by the pretended right of his father nor for any other Capitaines or souldiars of Saules side novve deposed to render vp al they had in their gouernments to King Dauid and his posteriposteritie It vvas no crime but great commendation for Ioiada the high Priest to reuolt from the vsurping Quene Athalia nor for others to do the same