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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

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disturbance of him or his people c. This they so vertuous and learned did with their Prince without resistance as knowing it to be their dutie so to do and his case to be farre different from that of our Soueraigne who was neuer excommunicated nor relapsed or indeede hereticke as I haue alreadie said and could more largely proue if need were yet they did not then nor euer will denie the Popes spirituall power to excommunicate And may not the King of great Brittaine require the like of his subiects both Clergie and people and they performe the same as well as the French without preiudicating the Apostolicall power When Monsignore Fontana Bishop of Ferrara knowing well the now Duke of Modina then vsurping the title and dominion of Ferrara to be excommunicated by name in most parts of Italie did notwithstanding of necessitie communicate with him as a subiect with his Prince and did refuse to publish it in his owne Church without the Dukes consent notwithstanding the Popes order and commandement vnto him Will any man say that this good Bishop denied the Popes spirituall power to excommunicate That were ridiculous or offended in disobedience No necessitie if nought else excused So enough of this matter There is another knot to be vntied which seemeth insoluble to wit that I do beleeue that neither the Pope nor any person whatsoeuer hath power to absolue me of this Oath or any part thereof c. And that I doe renounce all pardons dispensations to the contrary Is not this a plaine denying of the Popes spirituall authoritie Cardinall Bellarmine in Tortus plainly teacheth me Tortus §. 5. that he who a little before by swearing denieth the Popes power to bind the same doth now denie his power to loose For of those words of our Lord Quodcunque solueris super terram erit solutum in coelis all Catholicke men gather that power belongeth to the chiefe Bishop to absolue not onely from sins but also from punishments censures lawes vowes and oathes when it may be expedient to the glorie of God and health of soules This knot to him that vieweth it well will not be found to haue more difficultie to vnknit then the former of binding For as it is an vndoubted veritie that no Bishop no nor the Pope can by vertue of excommunication lesse by any temporall power out of his owne territories thrust any priuate Christian man out of his possessions who before had right thereto and bereaue him thereof as hath bene proued so it is as certaine that they can no more absolue a subiect of his dutie and naturall allegiance to his Prince and of his oath of fealtie made vnto him discharging him of all subiection and obedience then they can a wife of her dutie to her husband of childrens honoring their parents or seruants their maisters being warranted for the performance thereof by the law of God Honour thy father and thy mother c. against which no power in earth can dispence nor absolue them that is release them of such dutie At this word Absolue some silly soules yea and others that would be accounted wise are as it were scandalized beleeuing that taking the Oath they shall denie the Popes spirituall power of absoluing a sinner of his sinnes in foro conscientiae which euery Priest hauing iurisdiction may do little considering that they are not like to confesse their sinnes to him this yeare or euer in their life and out of confession his authoritie stretcheth not to remit or absolue one from deadly sinne These in a sort resemble some good creatures that I haue noted in Italie when they heare the Preacher in his sermon vtter this word Confiteor will by and by knocke their breasts thinking he is talking of confession when as the word signifieth sometime to giue thankes And like people of small vnderstanding beleeue that by renouncing all pardons and dispensations to the contrary they must denie the Popes power of granting indulgences or pardons as the practise is to beades graines crosses c. and of dispensing in any case whatsoeuer it being spirituall as cannot be denied Here I stand ambiguous Prou. 26. whether I should follow Salomons counsell or no Responde stulto iuxta stultitiam suam ne sibi sapiens esse videatur Answer a foole according to his folly lest he thinke himselfe wise It shall not be haply amisse for their more satisfaction to condescend somewhat vnto such letting them to vnderstand that to men of any iudgement it must needs be ridiculous who know it cannot nor ought so to be vnderstood but onely of pardoning and dispencing or releasing subiects of a lawfull Oath of fealtie and dutifull obedience to their Soueraigne This is not spirituall power which belongeth to the Church and therefore when such pardons and dispensations shall be offered by his Holines as is neuer like to be euery good subiect is bound to renounce them as being contrary to the ordinance of almightie God I aske these what they thinke whether the Pope or any power in earth can command absolue in this sence as we take it or dispence against the law of God and nature They must needs say as truth is he cannot and according to S. Thomas doctrine In his quaesunt de lege naturae 2.2 q. 88. ar 10. in praeceptis diuinis non potest per hominem dispensari In such things as are of the law of nature and in diuine precepts it cannot be dispensed withall by man Then I inferre and it is Barclaies argument not solued by Cardinall Bellarmine But subiection and obedience due to Princes and superiors is de iure naturali diuino this cannot be denied being euident in Scriptures Therefore neither the Pope nor any power in earth can command any thing absolue or dispense against it and consequently cannot command subiects not to performe obedience to their Prince or superior in that wherein he is superior if he should it is lawfull for them not to obey him not to accept of such a dispensation We grant with the Cardinall that it appertaineth to the Popes spirituall power to absoblue from sins also from paines and censures lawes vowes and oathes verumt amen non quidquid libet licet it is not meant in all lawes all vowes nor all oathes No man I thinke will say that he can absolue from the iust ciuill lawes of secular Princes for that were in alienam messem falcem mittere and to be a monarchicall superior in temporals which is not to be admitted but onely in his owne lawes and the Canons Decrees or positiue lawes of the Church wherein I confesse he hath plenitudinem potestatis as likewise Princes haue in the commonwealth and thereby may dispense in their owne lawes as S. Thomas teacheth 2.2 q. 6.7 ar 4. Princeps habet plenariam potestatem in republica 1.2 q. 96. a. 5. ad 3. Who according to the same in another place is said to be
offended departed and refused to come to the Court for the space of a moneth after Was this apprehension and execution for any hainous crime trow ye Thus stood the case Certaine Sbirri or Sergeants were sent from the Gouernour to the pallace of Cardinall Farnesius he being absent twelue miles off at Grotta ferrata to apprehend some other of his familie of baser condition who finding the partie in the open Court together with one of his fellowes they laide hands on him the partie and his fellow and the two Sbirri striuing and strugling each with other an English mastife dogge whereof the Cardinall made great reckoning fell on the Catchpols of himselfe and the meane while they gat out of their hands The sayd gentleman seing this stir came to them and demanded how they durst be so bold to make such an attempt in that place and whether they knew where they were and in whose house which being priuiledged as a sanctuarie ought better to be respected of such as they were and such like words The Sbirri departed with complaint to the Gouernour who hasteneth to the Pope and informeth him in such sort as the gentleman by his commandement was presently taken and executed as is aboue said and so should the dog bene hanged too if he could haue bene found but he was secretly conueyed away And this loe was the crime for which he lost his life as was bruited and knowne through all the citie and was besides told me by such of the family as had reason not to be ignorant of the businesse at which fact many grudging said The Pope might more fitlie haue bin called Leo then Clement Well if for relating these truths any man be offended let him blame certaine silie soules whose fond importunitie hath vrged me thereto for that they thinke and will sometime say that the Pope his actions are irreprehensible he cannot commit a mortall sinne nor command vniustly as if he were more then a mortall man halfe a God or so confirmed in grace that he could no way erre as was the Mother of God But the more prudent sort will easily grant that he is a man subiect to humane infirmities and not so confirmed in grace as that he cannot erre in his morall actions that is a priuiledge they know rather proper to the Mother of God then common to Christs Vicars which if I be not deceiued was neuer yet granted to any of them Marie some of these prudentes apud semetipsos dare boldlie auouch that if Peters successour shal at any time excommunicate a Prince fallen into schisme heresie or apostacie or other crime adiudged by him to deserue so to be censured and thereupon depriueth him of his Regall scepter deposeth him of all temporall dominion and disposeth of his territories to some other whom he shall iudge better to deserue the same or authoriseth subiects to raise tumults and take armes against such a one and absolueth them of their fidelitie and natural allegiance or inciteth other neighbour Kings and Princes by mightie power to inuade his dominions or finallie whatsoeuer he command in this or the like sort they are bound forthwith to obey him and his sentence what perill soeuer may fall vnto them for it though by so doing they are to lose their liues who as they imprudently thinke hath in such a case so supreme authoritie ouer him as exceedeth all limits is so directed by the holy Ghost that he cannot command iniustly so omne nimium vertitur in vitium this loe is the prudence of some imprudent Catholickes who headlonglie without due consideration runne on themselues and animate others to run through ouer blind obedience to their vtter destruction but this point of obedience resteth now to be more largely discussed It cannot be denied but that obedience is a morall vertue whereas it is a part of iustice whose office is to render to euery one that which is his the speciall obiect of which is the secret or expresse precept of the superiour to whom euery inferiour both by the law and ordinance of God and nature ought in all things lawfull not to be refractarie but subiect obedient Yet it may so happen againe that for two respects a subiect or inferiour may not be bound alway to obey his superiour the one is by reason of the precept of a higher power commanding contrary as vpon that of S. Paul Qui potestati resistunt ipsi sibi damnationem acquirunt Rom. 13. They that resist power the same get to themselues damnation The Glosse saith Si quid iusserit Curator c. Ang. in ser 6. de verbis Domini to 10. If the Curator or gouernour command and thing against the Proconsul art thou to do it Againe if the Proconsul command thee one thing and the Emperour an other thing is it to be doubted that contemning the one thou art to serue and obey the other Then if the Emperour one thing and God command an other thou art bound to obey God and not the Emperour So semblably if the Pope command one thing and the holy Ghost in Scriptures an other who doubteth which is to be obeyed or disobeyed The other is when the superiour commandeth any thing wherein the inferiour is not subiect vnto him exceeding the limits of his power all power whatsoeuer vnder the cope of heauen being contained within certaine limits which no powerable person is to exceede Here if any obiect S. Paul teaching children and seruants to obey their parents and maisters in all they cōmand Coloss 3. Filij obedite parentibus per omnia and Serui obedite per omnia dominis carnalibus children obey your parents in all things seruants obey in all things your carnall maisters therefore the Pope is to be obeyed in all things I answer them that it is to be vnderstood in all things that appertaine to the right of parents maisters and as farre as they haue power to command as maisters their seruants in seruile things Tho. 2.2 q. 104. c. 5. and parents their children in domesticall affaires belonging to their paternall care for neither can they command such as are vnder them to keepe virginitie or to marry or to enter into religion to go in pilgrimage or such like if they should the inferiour is not bound to obey No more can the Pope albeit he hath plenit udinem potestatis in Ecclesia iustly command any thing wherein he hath no power nor any persons which are not subiect vnto him for that none is to be reputed a superior Tho. 2.2 q. 67. ar 1. but in respect of them ouer whom as ouer subiects he receiueth power whether he hath it ordinary or by commission Neither are Religious men who vow obedience to their superious bound of necessity to obey them in all whatsoeuer lawfull things they command albeit in way of perfection they may but onely in such as appertaine to their regular conuersation or according to their rule which
not obey the Pope excōmunicating an hereticall king vnlesse he beleeue that an hereticall king cannot be excōmunicated by the Pope Nay here in our Oath with due respect to his Grace be it said is neither openly no nor couertly denied that the Pope hath power to exōmmunicate Kings though they be heretikes as the Cardinall beareth his reader in hand I maruaile he wold in such wise adde vnto thrust into the text of the Oath that which no man no nor himselfe can find therein For let it be well viewed and considered it will presently appeare that there is no mention at al of the Popes excōmunicating Kings though they be heretiks or heretical Kings but onely if he should excommunicate our King and absolue his subiects from their obedience yet I will beare true faith and allegiance to his Maiestie What sincere dealing is this Such glosses or wilfull additions are but manifest corruptions of the text which ought not to be vsed by any that professe sincerity truth So this makes nothing against vs but rather against himself Then he cometh with his needles minor which no Catholick denieth But power to excōmunicate is intrinsecall to the Apostolicke primacie and vnseparable from it when as our Lord said to Peter as to the first spirituall Primate Math. 16. Whatsoeuer thou shalt binde vpon earth shall be bound also in heauen What is this to the purpose What Catholicke that hath taken the Oath will denie it It is not vnlike to one that frameth an aduersarie in the aire to fight withall If French Catholickes be demanded what they will do in this case if the Pope should excommunicate their King and discharge his subiects of their obedience they will forthwith answer that notwithstanding any monitions excōmunications or interdicts they will not forsake but obey their King in temporals from which obedience they cannot be absolued or dispenced withall by the Pope as is in decretis Ecclesiae Gallicanae lib. 2. cap. 1. Nay they will bring certaine priuiledges for them and their King against the Popes censure of excommunication yet these like good Catholickes will beleeue that he hath power to excommunicate an hereticall King So in our case a man of any iudgement may clearely see it is neither openly nor couertly explicitè nor implicitè denied but plainely granted of such as take the Oath that the Pope may excommunicate albeit vpon iust cause adhering to his Prince he obey not the sentence I aske if his Holinesse in Rome should determine to create some Priest or Prelate Cardinall or Bishop and he of humilitie or for some other cause best knowne to himselfe notwithstanding the Popes determination refuse to accept of the dignity Quis est hic laudabimus eum Who is he and we will commend him doth it follow that therefore he denieth the Pope to haue power to conferre those dignities on them Or if a King be pleased to extend his mercie toward an offender condemned to die granting him a pardon can it be said though he list not to accept thereof notwithstanding the Kings grant for that he hath a shrewd wife that maketh him wearie of his life or for some other cause that he denieth the King to haue power to pardon his offence It may be admired that one so excellently learned will argue so weakely None would haue thought but the booke bearing the name of Mattheus Tortus had bene in deed his Chaplains not the Cardinals had not his Grace discouered himselfe in his answer to our Kings Apologie Whosoeuer saieth or sweareth that notwithstanding any sentence of excommunication yet he will beare true faith and allegiance to his Prince no way denieth it but supposeth such a sentence to be or to haue bin When the Pope in his writings putteth this clause Non obstantibus constitutionibus Apostolicis contrarijs quibuscunque Notwithstanding any contrary Apostolicall constitutions whatsoeuer c. as in the Briefe of Paulus the fifth to maister George Birket dated 1. Febr. 1608. or in others Non obstantibus priuilegijs quibuscunque c. Notwithstanding whatsoeuer priuiledges Is it not manifest that such priuiledges or Apostolicall Constitutions are supposed to be or might haue bene before granted So in our case none denieth the Popes excōmunication but chuseth vpō iust cause to adhere to his Prince notwithstanding the sentence of excommunication against him which he presupposeth to be or else may be granted If any will say There can be no iust cause to adhere and obey his Prince if he be excommunicated it were ridiculous and false as all writers affirme some cases being excepted whether he be excommunicated à iure vel ab homine Vict. de excom nu 10. Cum omnibus excommunicatis saith Victoria among the rest quocunque modo sint excommunicati c. With all excommunicate persons in what sort soeuer they are excommunicated it is lawfull to participate in these things which are contained in this verse Vtile lex humile res ignorata Tolet. l. 1. inst sacer c. 11. n. 7 Nauar. Ench. c. 27. n. 26. Tho. 4. dist 18. ar 4. necesse Nauarre likewise Regulariter participans c. Ordinarily he that communicateth with one that is excommunicated with the greater excommunication incurreth the lesser yet it faileth in these Vtile lex c. The declaration of which words he that vnderstandeth Latin may see in the same place of Nauarre in Caietans Summe Emanuel Sa and other Authors Now who is so simple as to thinke that a wife is bound to abandon her husband and not to participate with him children to forsake their fathers seruants their maisters and not communicate with them in domesticall affaires if they should be excommunicated If it be lawfull for such as it is by lex and humile why not also for subiects to communicate in all ciuill causes with their Prince there being absolute necessitie besides vtile and humile to warrant them so to do according to the rule as it is in Nauarre Quod non est licitum in lege necessitas facit licitum What is not lawfull in the law Nau. Ench. c. 27. nu 35. necessitie maketh lawfull It is not vnknowne that Henrie the fourth the late French King obtaining the Crowne of France when he was yet an hereticke relapsed and de facto excommunicated by the Pope required an Oath of fealtie of the Clergie of Paris for the better securitie in his dominions as by their records do appeare whereupon the chiefe of all the learned Doctors and faculties both of the secular and religious Clergie of that citie willingly without delay performed their dutie taking a corporall oath of fealtie and true allegiance to his Highnesse notwithstanding the Popes excommunication with promise to assist him to their power against all leaguers whatsoeuer among which his Holinesse at that time was one that should machinate or attempt any thing against his person hinder his peace and quietnesse or raise armes to the
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
the Sorbons in Paris holding peremptorily as I haue said a Councell to be aboue the Pope will any man of iudgement say that the position is her esie and they hereticks Costerus and other learned men do cleare them from such a note and they are still ready to defend themselues against any that shall accuse them thereof Likewise if any abhorre drunkennesse detraction sowing discord betweene brethren and friends as he abhorreth heresie can it be said that drunkennesse detraction or sowing discord though they be great sins and abound in too too many is heresie it were too fond and childish This As signifieth here a similitude not an equalitie and all know that nullum simile est idem which may serue for one answer And for a second let it be granted that such as sweare thinke it indeed to be heretical doctrine albeit the Church hath not defined it so that Princes which be excommunicated or depriued by the Pope may be deposed or murthered by their subiects c. what absurditie is like to follow I haue already as I trust sufficiently proued that neither Bishops nor the Pope by their spirituall censure haue authoritie to dispossesse any priuate man or Prince be he neuer so peruerse an hereticke of his lands goods or temporall dominions for that it is against the essence or nature of excommunication to worke such an effect It is likewise proued to be against the law of God for children seruants and subiects to disobey their parents maisters and Princes commanding iustly notwithstanding any excommunication denounced against them which is the Churches period beyond which she may not go it being onely a depriuing of the common goods of the Church appertaining to Christians Now what doctrine soeuer is repugnant to Scripture euery word thereof being de fide may well be accounted heresie and as such abhorred and abiured for haeresis est circa ea quae sunt fidei Tho. 2.2 q. 11. ar 2 heresie is about those things which belong vnto or are of faith Such is the dutie of subiects to their lawfull Prince and of all inferiors to their superiors Then is it heresie directly to say that it is lawfull for subiects or any other whatsoeuer who is not his Iudge and superior in that kind to murther him it being expresly against a diuine precept Non occides and this saying of our Sauiour Matth. 26. Omnes qui acceperint gladium gladio peribunt All that take the sword shall perish with the sword By which are vnderstood all such as assume to themselues authoritie to vse the materiall for reuenge Iansen in ●unc locum before it be granted them by the Prince who onely hath his authoritie by the diuine ordinance which ought not to be resisted by subiects or others For as Cunerus writeth Cun. de offic Princip l. 4. c. 12. Nulla pacta vel contractu● No couenants or contracts may preiudicate the diuine ordinance whereby a King hath his power that the people at any time may take armes against their King And in my iudgement it may be admited that any Catholick wil stick at this point here being no mention of the Popes deposing that which many stand vpon but of subiects or any other whatsoeuer vnlesse they will ranke him among these whatsoeuer which ought not so to be vnderstood But if they will vnder this generall word vnderstand also the Pope yet may it be said it is heresie to wit May be murthered which cannot be vnderstood but of killing vniustly and without authoritie If you say that the other part May be deposed was neuer declared nor adiudged heresie and therefore the Oath cannot be taken because bonum is ex integra causa and malum ex singulis defectibus then one part not being hereticall how can this clause be lawfully sworne that Princes which be excommunicated may be deposed to be damnable and hereticall doctrine This indeed is such an obiection as in the iudgement of diuers cannot be answered and whereupon many pretend to haue great reason to stand but let all passion be layd aside lending me an indifferent care with Gods assistance such a solution may be framed as shall satisfie I trust and solue the difficultie In our Oath no man sweareth nor is vrged to sweare nor by the law ought to sweare further then the expresse words of the Oath which are after this sort as is also noted before pag. 119. And I do further sweare that I do from my heart abhorre detest and abiure as impious and hereticall What Note wel this damnable doctrine and position What position Forsooth that Princes which be excommunicated or depriued by the Pope may be deposed or murthered by their subiects c. This position is sworne not per partes by peecemeale but coniunctiuely and wholly as it lieth and so it cannot be denied but it is impious and hereticall doctrine heresie here being affirmed not on the parts of the position separated but on the 〈◊〉 hole together For in a sentence affirmatiue disiunctiue proposition or booke if any part be defectuous false or hereticall albeit some part thereof be true and sound doctrine it may wel be said that the whole sentence proposition or booke is defectuous false Gress l. 1. consider Pag. 47. or hereticall as Gretserus writeth Then that May be deposed closed in one proposition with the other part or murthered which is hereticall the whole position as it lieth must needes ber said and may be sworne to be hereticall For example The Inquisition vseth to condemne as a scandalous or hereticall booke if there be but one onely Chapter or sentence of scandalous or hereticall doctrine contained therein though all the rest be found and Catholicke And may not any man lawfully sweare that booke so condemned to be scandalous or hereticall albeit all the whole is not such or that man to be an hereticke which erreth against one onely article of the Catholicke faith But if the two parts of the proposition you thinke are sworne diuisim and by parts not coniunctim or totally together then let impious go with the first part may be deposed and hereticall with the latter or murthered and I cannot see how you can deny but so it may besworne If any will yet stand vpon the word abiure as I heare many do saying It signifieth not onely simply to deny a thing with an oath as al Dictionaries vnderstand the word but by oath to deny that which once he held before then he that neuer held the doctrine and position aboue named cannot take this Oath because he may not abiure that opinion which he neuer held But this will manifestly appeare to him that hath any experience in the practise of the Church to be false For let any be conuented into the Inquisition for any one heresie whatsoeuer as Anabaptisme Brownisme c if afterwards he repent and conuert to the Catholicke faith he shall be required and must of necessitie abiure