Selected quad for the lemma: religion_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
religion_n	kingdom_n	majesty_n	parliament_n	4,862	5	6.6563	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

plaine and common signification of the wordes and the rules before alleaged For albeit this word Successour may in generall bee taken for euery Successour who either vnlawfully or vnlawfull doth succeed yet particularly and properly when it is placed in a Law it is vsually taken only for a lawfull Successour wherefore according to that rule of the Ciuill Law before mentioned in the second Obseruation that the doubtfull words of euery Law must be taken in that sense which is without default this word Successours must in this Oath established by His Maiesties Law bee limited only to lawfull Successours and who according to the Lawes of the Kingdome doe succeed For as according to Law Id tantum possumus quod iure possumus We can only doe that which wee can doe lawfully or by Law so according to Law he only is accounted to succeed who by lawfull right doth succed Whereupon the Ciuill Lawyers doe define Inheritance to be a succeding to all the right of one deceased and an Heire who succeedeth him in all his right without adding lawfull succeeding or lawfully succeedeth for that it is alwayes so to bee vnderstood and therefore being necessarily supposed it is not expressed but altogether omitted in the definitions of an Heire and of Inheritance And whensoeuer in the Common or Statute Lawes of this Kingdome any mention is made of the King and his Successours this word lawfull is but few times added although alwayes it ought to be vnderstood 6 Thirdly it is also euident by the former Obseruations that by those words Treasons and Trayterous Conspiracies are only vnderstood true proper and naturall Treasons and which among all Nations what Religion soeuer they professe are accounted Treasons and repugnant to naturall Alleagiance and Temporall and Ciuill Obedience and not such Treasons which in regard chiefly of Religion are by the positiue Lawes of some Nations made Treasons and accounted Treasons onely for that they are punished with the penalties which are due to proper and naturall Treasons as are the comming in of English Priests into this Kingdome made by the Popes authoritie and all reconcilements to the Pope though in matters that concerne Religion For as His Maiestie and the Parliament haue declared the only intent of this Oath is to contayn the profession of naturall Allegiance and such ciuill and temporall dutie and obedience which euery true and well-affected subiect ought by the Law of God to beare to their lawfull Prince and Soueraigne with a promise to resist and disclose all contrarie vnciuill violence For to preuent such hainous attempts and mischiefes which in time to come might be plotted by the example of the Powder-Traytours who vnder colour of Religion attempted that barbarous and deuillish Conspiracie this forme of Oath was framed saith His Maiestie In his Apologie pag. 2. nu 2. to bee taken by all my subiects whereby they should make cleere profession of their resolution faithfully to persist in obedience vnto me acrording to their naturall Allegiance to the end that I might hereby make a separation not only betweene all my good subiects in generall and vnfaithfull Traytours that intended to draw themselues from my Obedience but specially to make a separation betweene so many of my subiects who although they were otherwise Popishly affected yet retayned in their hearts the print of their naturall dutie to their Soueraigne and those who being carryed away with the like fanaticall zeale that the Powder-Traytours were could not contayne themselues within the bounds of their naturall Allegiance but thought diuersitie of Religion a safe pretext for all kinde of Treasons and Rebellions against their Soueraigne Wherby it is apparant that only such Treasons and Trayterous Conspiracies are here vnderstood which are repugnant and contrarie to naturall Allegiance and not such Treasons which are not naturall Treasons but only in regard of Religion are by positiue Lawes made Treasons and to be punished with the ordinary penalties of true proper and naturall Treason And in this sense also those thirteene Reuerend Priests vnderstood the words Conspiracies Attempts and Practises in their Protestation CHAP. IIII. The Fourth Branch of the Oath and an Explication thereof ANd I doe further sweare That I doe from my heart abhorre detest and abiure as impious and hereticall this damnable doctrine and position That Princes which bee excommunicated or depriued by the Pope may be deposed or murthered by their subiects or any other whatsoeuer 1. Although this Branch may at the first sight seeme somewhat suspicious in regard of that word hereticall yet if it be duly examined according to the former Obseruations it will easily appeare that it contayneth no such difficultie as some impugners of the Oath would seeme to imagine but that if it bee lawfull to abhorre detest and abiure the aforesaid position as cleerely false and iniurious to Princes which the former Discourse doth plainly conuince it is also lawfull to abiure it as hereticall or which is all one as contayning in it a falshood which is repugnant not onely to naturall reason but also to the Word of God reuealed in the holy Scriptures For as euery Doctrine and position which is agreeable to that truth which God hath reuealed is to be accounted of faith so contrariwise euerie Doctrine and position which contayneth in it a falshood which is repugnant to the Word of God reuealed in the holy Scriptures is to be accounted hereticall and repugnant to faith And in this sence the word hereticall is not onely by all Protestants but also by many learned Catholique Diuines commonly and vsually taken as Widdrington hath shewed at large in his answer to Fitz herbert Widdrington in his Adioinder to the first and second part 5. Neyther is it necessarie that we must take the word hereticall as likewise no other ambiguous word contayned in this Oath in that strict and rigorous sense wherein some Catholickes take the word hereticall to wit for that doctrine which not onely contayneth a falshood repugnant to the holy Scriptures but also which by the Church or a generall Councell which representeth the Church is expresly and particularly declared and defined so to be but it sufficeth that we take the word hereticall in a proper and vsuall signification and wherin Catholickes doe commonly take it especially when this common sense is agreeable to the meaning and vnderstanding of the Law-maker for that according to the approued rule before set downe in the second obseruation in a penall and odious matter when the wordes of any Law are doubtfull or ambiguous and there be many common senses of the same word or sentence we ought to take them in that common sense which is more fauourable especially when it is not against the meaning of the Law-maker 6. Neither also is it necessarie to make any Doctrine or Position to be hereticall that the proposition with all particular circumstances therein expressed must bee contained in the holy Scriptures but it sufficeth that it contain

Successours and him and them will defend to the vttermost of my power against all Conspiracies and Attempts whatsoeuer which shall be made against His or their Persons their Crown and Dignitie by reason or colour of any such Sentence or Declaration or otherwise and will doe my best endeuour to disclose and make knowne vnto his Maiestie his Heires and Successours all Treasons and Trayterous Conspiracies which I shall know or heare of to bee against him or any of them 4. And I doe further sweare That I doe from my heart abhorre detest and abiure as impious and hereticall this damnable doctrine and position That Princes which bee excommunicated or depriued by the Pope may be deposed or murthered by their Subiects or any other whatsoeuer 5. And I doe beleeue and in conscience am resolued that neither the Pope nor any person whatsoeuer hath power to absolue mee of this Oath or any part thereof 6. Which I acknowledge by good and full authoritie to bee lawfully ministred vnto me and doe renounce all Pardons and Dispensations to the contrarie 7. And all these things I doe plainly and sincerely acknowledge and sweare according to these expresse words by mee spoken and according to the plaine and common sense and vnderstanding of the same words without any Equiuocation or mentall euasion or secret reseruation whatsoeuer 8. And I doe make this recognition and acknowledgement heartily willingly and truly vpon the true Faith of a Christian So helpe me God A Copie of the Protestation which thirteene Reuerend Priests made of their Allegiance to Queene Elizabeth by a publike Instrument the last day of Ianuary 1602. in the last yeere of her Maiesties Reigne WHereas it hath pleased our Dread Soueraigne Ladie to take some notice of the Faith and Loyaltie of vs Her naturall borne Subiects Secular Priests as it appeareth in the late Proclamation and of her Princelike clemencie hath giuen a sufficient earnest of some mercifull fauour towards vs being all subiect by the Lawes of the Realme to death by our returne into the Countrie after our taking the Order of Priesthood since the first yeere of Her Maiesties Reigne and only demandeth of vs a true profession of our Allegiance therby to bee assured of our fidelitie to Her Maiesties Person Crowne Estate and Dignitie Wee whose names are vnderwritten in most humble wise prostrate at Her Maiesties feet doe acknowledge our selues infinitely bound vnto Her Maiestie therefore and are most willing to giue such assurance and satisfaction in this point as any Catholike Priests can or ought to giue vnto their Soueraignes First therefore wee acknowledge and confesse the Queenes Maiestie to haue as full Authority Power and Soueraigntie ouer vs and ouer all the Subiects of the Realme as any Her Highnesse Predecessours euer had And further we protest that we are most willing and readie to obey Her in all Cases and Respects as farre forth as cuer Christian Priests within this Realme or in any other Christian Countrie were bound by the Law of God and Christian Religion to obey their Temporall Princes as to pay Tribute and all other Regall Duties vnto Her Highnesse and to obey Her Lawes and Magistrates in all Ciuill Causes to pray vnto God for Her prosperous and peaceable Reigne in this life according to his blessed will and that shee may hereafter attaine euerlasting blisse in the Life to come And this our acknowledgement wee thinke to bee so grounded vpon the Word of GOD as that no Authoritie no Cause or pretence of Cause can or ought vpon any occasion be a sufficient Warrant more vnto vs then to any Protestant to disobey Her Maiestie in any Ciuill or Temporall matter Secondly whereas for these many yeeres past diuers Conspiracies against her Maiesties Person and Estate and sundrie forcible attempts for inuading and conquering her Dominions haue bin made vnder we knew not what pretences and intendments of restoring Catholike Religion by the sword a course most strange in the World and vndertaken peculiarly and solely against Her Maiestie and Her Kingdomes among other Princes departed from the Religion and Obedience of the See Apostolike no lesse then she by reason of which violent Enterprizes her Maiestie otherwise of singular clemencie toward Her Subiects hath beene greatly mooued to ordayne and execute seuerer Lawes against Catholikes which by reason of their vnion with the See Apostolike in Faith and Religion were easily supp●sed to fauour these Conspiracies and Inuasions then perhaps had euer bin enacted or thought vpon if such Hostilitie and Warres had neuer beene vndertaken We to assure Her Maiestie of our faithfull Loyaltie also in this particular cause doe sincerely protest and by this our publike fact make knowne to all the Christian World That in these cases of Conspiracies of practizing Her Maiesties death of Inuasions and of whatsoeuer forcible Attempts which hereafter may be made by any forraigne Prelate Prince or Potentate whosoeuer either ioyntly or seuerally for the disturbance or subuersion of Her Maiesties Person Estate Realmes or Dominions vnder colour shew pretence or intendment of restoring the Catholike Romane Religion in England or Ireland We will defend Her Maiesties Person Estate Realmes and Dominions from all such forcible and violent ass●ults and iniuries And moreouer Wee will not only our selues detect and reueale any Conspiracies or Plots which we shall vnderstand to bee vndertaken by any Prelate Prince or Potentate against Her Maiesties Person or Dominions for any cause whatsoeuer as is before expressed and likewise to the vttermost of our power resist them but also will earnely perswade as much as in vs lyeth all Catholikes to doe the same Thirdly if vpon any Excommunication denounced or to bee denounced against Her Maiestie or vpon any such Conspiracies Inuasions or forcible Attempts to be made as are before expressed the Pope should also excommunicate euery one borne within Her Maiesties Dominions that would forsake the aforesaid defence of Her Maiestie and Her Realmes and take part with such Conspirators or Inuaders in these and all other like Cases wee in these and all such like Cases doe thinke our selues and all the Lay-Catholikes borne within Her Maiesties Dominions not bound in conscience to obey this or any such like Censure but will defend our Prince and Countrie accounting it our duties so to doe and that notwithstanding any Authoritie or any Excommunication whatsoeuer either denounced or to bee denounced as is aforesaid to yeild vnto Her Maiestie all obedience in Temporall Causes And because nothing is more certaine then that whilst we endeuor to assure Her Maiestie of our dutifull Affection and Allegiance by this our Christian and sincere Protestation there will not want who will condemne and misconstrue our lawfull Fact yea and by many finister suggestions and calumnies discredit our doings with the Christian World but chiefly with the Popes Holinesse to the greatest preiudice and harme of our good names and persons that may be vnlesse maturely wee preuent their endeuours herein

of the Law and declaration of the Law-maker only temporall Allegiance is demanded for that by the end and reason of the Law the ambiguitie of the words saith Suarez Suarez lib. 6. de Legibus cap. 1. nu 19. is chiefly to be determined and it is morally a sure meanes to finde out the will and intention of the Law-maker especially that reason which is expressed in the Law for then the reason of the Law is in some sort a part thereof because it is contayned and supposed therein 8. Fourthly it is to bee obserued that albeit English Catholikes might at the first before they examined particularly the end reason matter and contents of this new Oath iustly suspect it to be vnlawfull and to contayne in it more then temporall Allegiance and that His Maiestie and the Parliament vnder pretence of demanding that temporall Allegiance which by the Law of God and Nature is due to all temporall Princes did intend to haue couertly at leastwise abiured some spirituall obedience which by the institution of Christ is due to spirituall Pastours both for that it is a new vncouth and vnwonted Oath of Allegiance and expresly denyeth the Popes authoritie to depose wherewith other Christian Princes in the ordinarie Oaths of Allegiance which they demand of their subiects doe not in plaine and expresse termes intermeddle and also for that it was deuised by those who are opposite to the Catholike Romane Religion yet this bare suspicion can bee no sufficient cause ground or motiue to condemne it as likewise no man vpon a bare suspicion is to be condemned but only to haue it examined and if after due examination it be found faulty to reiect it if otherwise to approue it But doubtlesse whosoeuer will sincerely and with a pure desire to find out the truth and to yeeld without all partialitie as wel to Kings as to Popes that which is their due examine the occasion end matter and contents of this new and vnwonted Oath will quickly finde that it is condemned by some vpon a bare and naked suspicion and without due examination by others vpon a blind and inconsiderate zeale to the See Apostolike not regarding in like manner the dutie which by the Law of God they owe to their temporall Prince and by all that thinke it vnlawfull without sufficient ground 9. For the occasion of this vnwonted Oath was that vnwonted barbarous Powder-plot of certaine Catholikes who pretended to iustifie their neuer heard of Barbarisme vnder the colour of Religion and the Popes authoritie to dispose of the Crownes and liues of temporall Princes in order to spirituall good and so no maruell that to preuent the like vnwonted crueltie was deuised this vnwonted remedie And albeit the inuenters of this Oath are opposite to the Catholike Romane Religion and are fully perswaded that the Pope by the Law of God hath no authoritie ouer this Kingdome so much as in spiritualls yet there meaning was not as you haue seene aboue to meddle in this Oath with that spirituall authoritie which is granted him by all Catholikes but only to demand a profession of that temporall Allegiance which all the Subiects of this Land of what Religion soeuer they be doe owe to their temporall Prince and not to the Pope 10. And therefore which is carefully to bee obserued this Oath doth not meddle positiuely with the Popes authoritie for that it doth not belong to temporall Princes to declare what authoritie the Pope hath but it medleth positiuely with the Kings temporall Soueraigntie and negatiuely with the Popes authoritie and it doth not declare ●… what authoritie the Pope hath but only what authoritie hee hath not And what man I pray you can bee so blinde as not to see that whosoeuer expresly affirmeth King Iames to bee his true and rightfull King and Soueraigne in temporalls and to haue ouer him and his other Subiects all Kingly Power Authority and Iurisdiction doth consequently and vertually deny the same of the Pope Wherefore if wee well examine the matter and contents of this vnwonted Oath wee shall find that His Maiestie and the State doe herein deny no other authoritie of the Pope expresly and by name then which not only in the Protestation of those thirteene Catholike Priests but also in all other vsuall Oaths of Allegiance which absolute Princes are wont to demand of their Subiects is vertually couertly and in effect implyed For whosoeuer sincerely and from his heart acknowlegeth any Prince to be his only rightfull King and Soueraigne in temporals which all absolute Princes in their vsuall Oaths of Allegiance demand of their Subjects hee must vertually acknowledge that the Pope is not his Soueraigne Lord in temporals and consequently that he hath no authoritie ouer his Prince or him in temporals and therefore neither to depose his Prince or to dispose of His temporall Dominions for that these are tēporal things for what end cause crime or pretext soeuer either spirituall or temporall they be done 11. Fiftly to know vpon what assured grounds the Popes authoritie to depose Princes or to attempt and practise their deposition is by Catholikes denyed in this Oath it is to be obserued that as Leonardus Lessius a famous Iesuite noteth very well Lessius in his Singleton part 2. nu 38. a power which is not altogether certaine but probable cannot be a sufficient ground or title whereby immediately any man may bee punished or depriued of that right dominion or any other thing which he actually possesseth but such a power or title must bee most certaine and without all doubt or controuersie Wherefore neither can the Pope nor any other Prince without manifest iniustice inuade the Kingdome of another Prince make warre against him or seeke to depose or dispossesse him vpon a probable vncertaine or controuersed title For certes saith the Authour of the Prelate and the Prince and who is knowne to bee a famous Doctor and Professor of Diuinity though masked vnder the name of I. E. Cap. 11. pag. 235. as it is iniustice to put one out of his land or house who hath probable right and and withall possession because poti●…r est conditio possidentis better is the condition of him that is in possession So were it open iniustice in the Pope to depriue a King of his Crowne and Kingdome who hath probable right and withall possession And this also is the receiued doctrine of all Diuines and Lawyers Victoria in Relect de ture belli nu 29. seq Vasquez 1. 2. disp 64. cap. 3. Gregorius de Valentia 2. 2. and Pope Adrian with many others cited by Valentia and grounded in the light of naturall reason and declared by the approued rules of the Law that no man can bee iustly inuaded or be put out of his possession vpon an vncertaine or controuersed title because In causa dubia siue incerta potior est conditio possidentis In a doubtfull or disputable cause the condition of the

God and Nature due to him from his Subiects so long as he remayneth their Prince and therfore he cannot absolue discharge or release them from the Obligation of this Oath or any part thereof or which is all one he cannot giue them leaue not to beare faith and true allegiance to his Maiestie and consequently not to defend him to the vttermost of their power against all Treasons and trayterous conspiracies which shall be made against his Royall person Crowne and dignitie and not to doe their best endeauor to disclose and make them knowne vnto his Maiestie seeing that to performe all these things Subiects are bound by the law of God and Nature wherein no temporall or spirituall authoritie can dispence And therefore the Authour of the Protestants Apologie for the Roman Church trac 3. Sec. 5. doth very well affirme that all Catholikes are by all Lawes Diuine and Humane indissolubly obliged in the highest degree of all earthly Allegiance to his Maiestie that now is as to their true vndoubted lawfull Soueraigne liege Lord and King CHAP. VI. The Sixt Branch of the Oath and an Explication of the same WHich Oath I acknowledge by good and full authoritie to bee lawfully ministred vnto mee and doe renounce all pardons and dispensations to the contrarie 1. This Branch contayneth in it no difficultie at all if wee consider what hath beene said before to wit that in this Oath is onely demanded a sincere profession of true temporall allegiance and that no authoritie or obedience which is due to the Pope is denied therein And that to treat of the Popes authoritie not affirmatiuely what power he hath but affirmatiuely what authoritie in temporalls the Kings Maiestie hath ouer his Kingdome and Subiects and consequently what authoritie in temporalls the Pope hath not ouer the said kingdome and subiects and also that to exact of Subiects an Oath not onely of their temporall allegiance in generall but also of such allegiance in particular which his Maiestie and the State shall for prudent reasons motiues thinke to be necessarie for the preseruation of the Kingdome from future Treasons Inuasions or Perturbations so that it bee contayned within the bounds of true temporall allegiance doth no way exceede the limits of temporall authoritie 2. First therefore by those words good and full authoritie is not vnderstood any authoritie of the Kings Maiestie in Ecclesiasticall causes but onely in temporall matters as is the ministring of an Oath of true temporall allegiance For although his Maiesty be perswaded that hee hath full and supreme authoritie not onely in temporall but also in Ecclesiastical affaires for externall gouernement and that the Pope hath not ouer him or his Subiects within this Realme any authoritie or iurisdiction nor power to excommunicate his Maiestie yet his meaning is not to meddle at all in this Oath eyther with his owne or with the Popes Ecclesiasticall Supremacie but onely with his owne temporall Soueraigntie and consequently with the Popes authoritie not to depose him or to dispose of his Kingdome or to authorize any forraigne Prince to inuade or annoy him or to absolue his Subiects from their obedience c. And therefore as I obserued before in the third obseruation wee must distinguish betwixt his Maiesties vnderstanding or perswasion and his meaning or intention for his meaning was not to exact in this Oath of His Subiects all which hee is perswaded he might lawfully exact of them but only to demand of them in this Oath a profession of that temporall Allegiance which all Subiects are bound by the Law of God to giue to their lawfull Soueraigne as it is manifest by the declaration both of His Maiestie and also of the Parliament and therefore Hee was carefull not to meddle with the Popes authority to excommunicate Him 3. Secondly it is certaine that albeit Christian Princes haue not authoritie to define and determine what position is hereticall or to punish Heretikes with spirituall punishments for these are meere spirituall things yet they haue authoritie to command their subiects to abiure such positions as are alreadie defined or knowne to bee manifestly false and repugnant to the holy Scriptures for such and to punish with temporall punishments the obstinate maintayners of the same especially as the mayntayning of such positions is hurtfull to the publike temporall peace whereof the King hath charge and who therefore may also by the materiall Sword repell the wrongs and iniuries offered to the temporall Kingdome or Common-wealth by Clergie-men and also the abuses of the spirituall Sword when they tend to the hurt of the ciuill Common-wealth as Franciscus Victoria Ioannes Parisiensis and Couerruuias doe well obserue Victoria Relect. 1. de potest Eccles sec 7. §. octaua propositio Parisiensis de potest Reg. Pap. cap. 11. ad 37. Couerruu cap. 35. Practic question Wherefore a King saith Dominicus Bannes Bannes 2. 2. q. 11. ar q. 1. doth punish Heretikes as most seditious Enemies to the peace of His Kingdome which cannot be preserued without vnitie of Religion And Marriage saith Dominicus Sotus Sotus in 4. dist 29. q. 1. ar 4. being a Sacrament in such sort that it is also a ciuill contract it nothing letteth but that as in the former respect it belongeth to the Ecclesiasticall Court so in regard of the later it is subiect also in some sort to the Ciuill Not that Princes can alter those things which are of the substance of Matrimonie but that they may punish them who contract they shall offend against the publike peace for against those crimes whose iudgement doth belong to the Ecclesiasticall Court they may also ordayne punishments as they disturbe the peace of the Common-wealth Which doctrine of Sotus may in the very like manner bee applyed to Heresie which being a spirirituall offence in such sort that also it disturbeth the temporall peace of the Common-wealth it nothing letteth but that as in the former respect it belongeth to the Ecclesiasticall Court so in regard of the later it is subiect also in some sort to the Ciuill not that Princes can determine and define what is Heresie but that they may punish Heretikes when by defending hereticall positions they shall offend against the publike good For against those crimes whose iudgement doth belong to the Ecclesiasticall Court they may also ordayne punishments as they disturbe the peace of the Common-wealth And therefore Christian Princes haue good and full power to compell their Subiects to abiure impious damnable and hereticall positions for such when it is necessarie to the preseruation of the publike temporall peace and to discouer how their Subiects stand affectted in point of their Loyaltie and due Obedience 4. Thirdly it is euident that Clergie-men being truely subiect to temporall Princes in regard of their naturall birth and of their liuing in Ciuill Societie with others and consequently bound according to the common doctrine of Diuines to obserue their iust Lawes not only virationis