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A03944 An adioynder to the late Catholike new yeares gift, or explication of the oath of allegeance Wherein certaine principall difficulties, obiected by a very learned Roman-Catholike, against the sayd New-yeares gift, and explication of the oath, are very clearely explained. Published by E.I. the author of the New-yeares gift. Preston, Thomas, 1563-1640. 1620 (1620) STC 14050; ESTC S100127 50,683 158

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q in his Theologicall Disputation cap. 10. sect 2. hath clearely proued that the Pope both might erre in the aforesaid Breues not onely because they were made without a generall Councell which neuerthelesse as you very well grant were sufficient to proue that he might erre therein but also because they are not generall precepts and belonging to the whole Church but containe only a particular precept directed to one particular nation and therefore they are well called by Endaemon Ioannes r in Praefat. paraleli torti the Popes priuate letters to English Catholikes admonishing them not to take the Oath wherin not onely the Pope but also a generall Councell may erre as Mr. Widdrington obserueth out of the doctrine of Card. Bellarmine and Canus Bell. lib. 4. de Rom. Pont. ca. 2. Canus lib. 1 5. de locis c. 5. q. 4. And also that the Pope did erre in those Breues vpon false informations and suppositions to wit for that he supposed his Primacie in spirituals his power to bind and lose to excommunicate and inflict Censures to bee denyed in the Oath which is manifestly false that his power to depose Princes is most certaine and of faith and not questioned among Catholikes which is no lesse vntrue is sufficiently conuinced by him in his Theological Disputation r in the place aboue c●te● and in his answere to Mr. Fitzherbert ſ part 3.6.17 Sect. 16. Obiection A Fourth difficultie I find say you about the swearing that this Oath is ministred vnto me by lawfull authoritie Whereupon it followeth we may vse no equiuocation in taking of the same for that none can equiuocate in an Oath that is exacted by lawfull authoritie For if it were certaine that no thing is exacted by this Oath but temporall allegiance then wee might not onely sweare but were also bound to sweare that such Oath were ministred by lawfull authoritie But when it is questionable and vncertain whether the Pope hath power to depose Princes or no and consequently whether the Prince exacting such an Oath of his Subiects should cause them wrong the Pope and Church and make them sweare a thing vncertaine and with the hurt of their consciences not being able many of them to conforme themselues to those conceipts you frame of the Oath though they were true for that they can perceiue no solid ground therfore I see not how we may sweare that this Oath is ministred vnto vs by lawfull authoritie Answere 1 BVt first it is not true that we must sweare that this Oath is ministred vnto vs by lawfull authoritie but only that we must acknowledge so much of which our acknowledgment which is the immediate obiect of the Oath we must be assured to excuse vs from periurie 2 Secondly it is very true that we must not equiuocate in this Oath and this is not only deduced from the lawfull ministring of the same although this bee sufficient to proue that wee must not equiuocate therein but it is also deduced from the Seuenth branch wherein it is expresly ordained that me must vse no equiuocation 3 Thirdly the lawfulnes or vnlawfulnesse of this Branch dependeth wholy vpon the former Clauses for if none of the former Clauses containe a denyall of any spirituall obedience due to the Pope or Church nor be repugnant to truth or iustice it is manifest that they are ministred by lawfull authoritie And therefore you must first proue that some one of the former clauses is repugnāt to truth or iustice before you can impugne the Oath as not ministred by lawfull authoritie Whereupon you return backe to that which you aboue obiected against the second Branch to wit the Popes power to depose Princes which say you is vncertaine and questionable c. But as I answered there it is certain to me neither can any man of learning that wel examineth the question otherwise in my iudgement conceiue that the Pope hath no true reall lawfull power and authoritie and which may be a sufficient ground to depose Princes or to practise their deposition but only an imaginarie power in the conceit onely and approbation of some men which neuerthelesse is no true reall lawfull and sufficient power to punish any Prince by depriuing him of the Dominions which he possesseth And consequently the Kings Maiestie in causing his subiects to acknowledge and swear that the Pope hath no true reall lawful authority and which may be a sufficient ground to depose him thereby to be the better secured from all inuasions vnder pretence of Religion and to discouer his loyall and constant subiects from those who maintaine the principles of the Powder-Traytours doth neither wrong the Pope nor Church nor cause his subiects to wrong them or their consciences but seeketh to preserue his owne right and Dominions which he really possesseth from all inuasions and Powder-Treasons vnder colour of any probable or imaginary power or title which is grounded vpon an vncertaine and controuersed spirituall authority But contrariwise the Pope in forbidding this Oath which cannot sufficiently be proued to be vnlawfull doth wrong himselfe the Church his Maiestie and this whole kingdome And those English Catholikes that bend their wits to find out scruples or rather cauills against the Oath and to wrest the words to the worst sense that may be whereas they may expound them in a fauourable sense doe wrong the Pope the Church his Maiestie themselues and all their Catholike brethren 4. But many say you are not able to conforme themselues to those cōceipts Widdrington frameth of the Oath though they were true for that they cannot perceiue any solid ground therefore But First if they be learned they may easily conforme themselues to Widdringtons explication of the Oath if they will diligently and without partialitie examine the soliditie of his proofes and cousider that his proofes and answeres are grounded not only vpon his own conceipt but vpon manifest reason his Maiesties declaration the doctrine and authoritie of most learned Diuines and which is more euen of those who be his chiefest Aduersaries in this point and if withall they will remember as M. Widdrington hath heretofore h In the Epistle Dedicatorie of his Theologicall Dispotation obserserued that no other solid ground or proofe is sufficient to confute the Oath but euident demonstrations but to proue the Oath to be lawfull and that it may be lawfully taken it is a very sufficient and solid ground to answer probably to all the arguments which are brought against the same which whether he hath performed or no and what kinde of demonstrations or rather most weake arguments the impugners of the Oath haue brought seeing that few of them can scarse agree in any one conceipt I dare remit euen to your owne iudgement 5. Secondly if they be altogither so vnlearned that neither by their owne reading nor naturall iudgment they are able to examine the soliditie of the grounds of this controuersie they must be guided instructed