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A09102 The iudgment of a Catholicke English-man, living in banishment for his religion VVritten to his priuate friend in England. Concerninge a late booke set forth, and entituled; Triplici nodo, triplex cuneus, or, An apologie for the oath of allegiance. Against two breves of Pope Paulus V. to the Catholickes of England; & a letter of Cardinall Bellarmine to M. George Blackwell, Arch-priest. VVherein, the said oath is shewed to be vnlawfull vnto a Catholicke conscience; for so much, as it conteyneth sundry clauses repugnant to his religion.; Judgment of a Catholicke English-man, living in banishment for his religion Parsons, Robert, 1546-1610. 1608 (1608) STC 19408; ESTC S104538 91,131 136

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consideration serue for all That after all her afflicting Catholicks and by that exercise vpon the egging of others more then of her owne propension she was drawne into continuall suspitions ●eares and frights of her mynd and spirit euen in the midst or all these sensuall delights contentments admired so much by her Attorney which draue her to a point wherunto by nature she was not thought much inclyned and by profession and protestations she most condemned in others to wit Cruelty which in effect was such out of the fore said feares towards Catholicke Religion as neuer perhaps yea without perhaps were so many seuerall lawes punishments deuised by any one persecutour nor many putt togeather as are extant of hers in Print against the pro●essours of that Religion wherof herselfe had byn one and in secret or priuate speaches also would not deny to be in sundry poyntes euen to her dying day And was not this a great in felicity When strāgers do read behold her Edicts Statutes wherin not only the whole vse of Catholicke Religion is condemned and vnder greiuous punishment prohibited but men are forced also by rigorous penall lawes to go to the Churches of a contrary Religion to communicate with them to do acts and sweare against their owne Religion faith and Consciences that there are seuere punishments of losse of goods and lands for receyuing an Agnus Dei or a Medall or Crucifix greiuous punishments for keeping of a Catholicke seruant or Schoolemaister to teach and bring vp their children or to send them ouer seas to Catholicke Schooles yea that it is the payne of death it selfe to be reconciled by confessing his synnes to the Roman Church or to the vnion of ●aith with the Head therof or to perswade another to be a Catholicke or do the same When they read these things I say and many others which for breuity I pretermitt and that all this notwithstanding she would not haue it said That she persecuted any for Religion which in manner this Apologer sticketh not to auouch nor put any Priest to death for that cause in deed wheras notwithstāding she shed the bloud of aboue one hūdred and thirty that might haue had their lyues euen at the last cast if in this one point of Religion they would haue yielded neuer so little All this I say being read and considered seemeth vnto forreiners a strange infelicity both of body and soule XIII Especially when it is considered to what perpetuall iealosy at length she was brought vnto of all sorts of people Puritans Papists yea of her owne dearest as the death of the Earle of Essex and his followers doth easily declare Neyther was there any weeke lightly but that she had some new feares of some Priest or Iesuite or Catholicke soldiours sent from Flanders France or Italy to kill her by violence others from Spayne and other Countryes to poyson her or at at least her Chaire And vponsuch fancyes men must be made away for greater terrour yea Iewes must be brought in also in this kynd of pretended poysoning as the case of Doctor Lopez well declareth Nay further this gryping passion of feare and iealosy did so vexe consume her inwardly as she was neuer well vntill she had made away against all law of Nature and Nations the nearest vnto her in Royall bloud that lyued vpon earth and coequall with her in dignity if in sundry respects not Superiour I meane his Ma. ties noble renowned Mother Queene of France Scotland that by force of the former Statute which declared this other for illegitimate and incapable of the Crowne as now yow haue heard should haue enioyed the Crowne of England presently after the death of Q. Marie consequently his Ma. tie had enioyed the same 38. yeares at least before he came vnto it after her death who of all other lyuing Creatures is knowne most hartily to haue hated that yssue succession And as she went about to disinable the same in the very roote foūtayne it selfe by seeking the disgrace of the ofspring by dishonour of the origen so neuer ceased she afterward to continue practises against them both vntill she had wracked the one and brought the other also to great probability therof if she might haue lyued to her will or haue dyed with such vse of senses and iudgment as might haue made way to her bad affections in that behalfe XIV Well then all this I haue beene inforced to speake vpon this occasion first to represse somwhat therby the insultation of our foresaid Orator in calling her The happy Queene the blessed Queene whose vnmatched wisedome and vnconquered prowesse to vse his words crowned her the peerlesse wonder of her sexe All which tendeth to the exprobration of Catholicks for hauing had so happy peerles a persecutour and to the insultation also ouer the Pope for calling her in his Breue as he saith Miseram Foeminam a miserable woman which how true or false it is I leaue to the prudent Reader out of the former discourse about her byrth youth age and end to censure XV. Secondly I do heerin but imitate the first ancient Fathers that wrote for defence of those holy Martyrs that dyed for Christian Religion in the Primitiue Church as namely Iustinus Martyr Irenaeus Tertullian and others who to comfort the afflicted and to honour more their cause did put them in mynd what manner of people their first persecutours were as namely Nero and Domitian what lyfe they led what end they made and the like And that indeed they were fit instruments to be the first in such a worke And the like we may say to Catholicks of Q. Elizabeth that she being the strangest woman that euer was borne for diuers circumstances now partly touched and the first absolutly of that sexe eyther Christian or created that tooke vpon her Supreme power in Spirituall and Ecclesiasticall matters it must needes be some comfort to Catholicke people that God chose such an instrument to be their first scourge out of all woman kynd XVI And lastly for that this Apologer will needs take vpon him to sacrifice to her Manes I thought my selfe obliged to offer some incense in like māner to the same for mitigating the euill sent which that notorious vntrue assertion must needs import to the senses of all vnderstanding Readers That Queene Elizabeth neuer punished any Papist for Religion Nor made any rigorous law against them before Pius Quintus his Excommunication nor since that tyme but vpon priuate plots machinations c. For cleare confutation wherof I remit those of the elder sort that lyue in England to their owne eyes eares and other externall senses and those of yonger age to the books of Statutes of Q. Elizabeths tyme Iohn Stowes Chronicle and other such publicke Records And so much of this poynt XVII Next after these exaggerations of the clemency and indulgence of Q. Elizabeth towards Catholicks
or vnder pressures still as hath bene said But for others of the same Religion that cannot frame their Consciences to take the said Oath and yet would gladly giue his Royall Maiesty contentment satisfaction so farre as they might without offending God I can assure yow that it is the greatest affliction of mynd among other pressures that euer fell vnto them For that no violence is like to that which is laied vpon mens Consciences for so much as it lyeth in a mās owne will resolutiō to beare all other oppressions whatsoeuer whether it be losse of goods honours dignityes yea● of life it self but the oppression of the Conscience no man may beare patiently though he would neuer so faine For if he yield therein he offendeth God and leeseth his soule neyther doth Metus cadens in constantem virum feare that may terrify euen a constant man excuse in this behalfe as appeareth by the example of the auncient Martyrs who were forced vnder paine of damnation to stand out to death against all humaine power vexations torments and highest violence rather then to doe say or sweare any thing against their Conscience To all these men then which are thowsands in our Countrey that neuer thought otherwise then to be good Subiects to his Maiesty the deuising of this new Oath was no blessing but an vnspeakeable affliction and angariation of mynd XXXIV To the exhibitours also I see not what blessing it could be or can be so extremely to vex other men without any profit or emolument to themselues or to his Maiestyes seruice which herin they would pretend to aduaunce For if there be any cause of doubt of loyall good will in them that are forced to sweare against their consciences much more cause and reason may there be of like doubt after they haue so sworne then before For that the griefe of their new wound of conscience remayning full within them and stirring them to more auersion of hart for the iniury receaued must needes worke contrary effects to that which is pretended And whosoeuer will not sticke to sweare against his conscience for feare fauour or some other like passion may be presumed that he will as easily breake his Oath after he hath sworne vpon like motiues if occasions doe mooue him And among all other passions none is more strong then that of reuenge for oppressions receaued So as we read of the whole Monarchy of Spaine ouerthrowne and giuen to the Mores for one passion of Count Iulian wherby he desired to be reuenged of his King ●oderiquez Nothing then is gotten in this behalfe of loyall good will by such extreame pressures but much rather lost XXXV But besides all this is the grieuous sinne which they commit who force presse other men to sweare against their consciences then which almost nothing can be imagined more heinous for it is to thrust men headlong especially such as are fearfull into the very precipitation and downfall of hell it selfe For it is the highest degree of scandall actiue so much condemned and detested in Scriptures and so dredfully threatned by our Sauiour to be seuerely punished in the life to come for that scandalizing properly is nothing else but laying a stumbling-block for other men to fall and breake their necks And such a one is this formall Oath which conteyneth diuers things lawfull for a Catholicke to sweare and other things vnlawfull and he is forced by terrour to passe ouer and swallow downe the one with the other without distinction with mani●est repugnance of his Conscience which repugnance to him is alwaies a synne damnable in such a publicke and weighty action though the matter were lawfull in it self and consequently also vnto them that force him to the same eyther knowing or suspecting his said repugnance of Conscience For he that should force a Iew or Turke to sweare that there were a blessed Trinity eyther knowing or suspecting that they would doe it against their Conscience should synne grieuously by forcing them to committ that synne This is Catholicke doctrine which I also thinke the learned Protestants themselues will not deny XXXVI Here if any man obiect that among vs also men are vrged to take Oathes and to abiure their opinions in the tribunalls of Inquisitions and the like and consequently in this Oath they may be forced vnder punishment to abiure the Popes Temporall Authority in dealing with Kings I answere first that if any Hereticke or other should be forced to abiure his opinions with repugnance of conscience it should be a synne to the inforcers if they knew it or suspected it Neyther is it practised or permitted ●n any Catholicke Court that euer I knew But yow will reply that if he doe it not he shall be punished by death or otherwise as the crime requireth and Canons appoint and consequently the like may be vsed towards Catholickes that will not renounce their old opinions of the Popes Authoritye but heere is a great difference for that the Catholicke Church hath Ius acquisitum auncient right ouer Hereticks as her due Subiects for that by their Baptisme they were made her Subiects and left her afterward and went out of her and she vseth but her auncient manner of proceeding against them as against all other of their kynd and quality from the beginning But the Protestant Church of England hath Nullum Ius acquisitum vpon Catholicks that were in possession before them for many hundred yeares as is euident Neyther was there euer any such Oath exacted at their hands by any of their Kings in former Catholicke tymes Neyther is there by any Catholicke forreyne Monarch now liuing vpon earth and consequently by no reason or right at all can English Catholicke men be eyther forced or pressed to this Oath against their Conscience or be punished beaten or destroyed if for their Conscience they refuse to take the same humbly offering notwithstanding to their Soueraigne to giue him all other dutifull satisfaction for their Temporall Obedience and Allegiance which of loyall Catholicke Subiectes may be exacted And this shall suffice for this first point concerning the contents and nature of the Oath Now shall We passe to say somewhat of the Breues and answere made thereunto CONCERNING THE POPES TVVO BREVES AGAINST The receauing of the Oath Paragr II. THE summe of the Popes two Breues the first of the 21. of September Anno 1606. the second of the 21. of August the next yeare following is this That wheras he had heard that the Catholicks of England were very sorely pressed with a new deuised Oath against their Consciēces concerning certayne poyntes appertayning to the Authority of the Sea Apostolicke in some cases he wrote the first Breue to admonish comfort and direct them signifying his harty sorie for their long continued afflictions and exhorting them to patience and constancy in defence of the integrity of Catholike faith and the purity of their owne consciences
worldlings vsed in the Psalme to proue their felicity that their cellars are full their sheepe fertile theyr kyne fatt they suffer no losse and then Beatum dixerunt populum cui haec sunt Happy did they call the people that had these things But the Holy Ghost scorneth them and so may all men do our Orator that vseth and vrgeth so base an argument in so high a matter VII And as for his definition of Miserie by Copia and Inopia store and want it is a miserable one indeed and neuer heard of before I thinke to come from any mans mouth but his owne it being ridiculous in Philosophy and fitt to be applyed to any thing that hath either store or want As a wise man in this sort may be defined to be him that hath store of witt and want of folly and a foole to be him that hath store of follie and want of witt and so a rich man is he that hath store of riches and want of beggary and a poore man is he that hath store of beggary and penury of riches And are not these goodly definitions thinke you for so great and graue a man to produce VIII But to returne to the matter it selfe of Q. Elizabeth her store of consolations and penury of desolations in this life VVho saith this our Orator was so myraculously protected by God so strengthened and fortified as she did beate her most potent enemy did sett vp a King in his kingdome de●ended nations harboured distressed people and the like Supposing all this were true that she had such temporall felicity in this lyfe and were so miraculously protected strengthened and fortifyed by God as heere is said yea and that it were euident that God had chosen her for his elected seruant which yet doth not appeare and gyuen her that tytle and power to afflict the Catholicks yet had that byn no more then we read in the Scriptures to haue byn gyuen to dyuers Pagan Princes and namely to Nabuchodonosor of whom Ieremy the prophet testifyeth in sundry places of his Prophesy That God chose him called him his seruant and gaue him speciall power fauour protection to afflict his people Ego dedi omnes terras istas in manu Nabuchodonosor Regis Babylonis serui mei saith God I haue gyuen all these Countryes into the hands of Nabuchodonosor King of Babylon my seruant and all nations shall serue him yield obedience to him and to his Sonne and Sonnes some And what soeuer nation shall not serue him bow his necke vnder his yoke I will visite that nation with the sword with famyne and with plague till I haue consumed them by his hand And agayne in an other place I will choose vnto me my seruāt Nabuchodonosor king of Babylon will bring him vpon this Land and vpon all the inhabitants therof and vpon all nations round about c. And yet further God said vnto Ieremy Thus saith the Lord of Hostes I shall take vnto me my seruant Nabuchodonosor and shall place his throne vpon these stones c. IX By all which is euident that Syr Edward Cookes argument is worth nothing that for so much as God so miraculously protected Q. Elizabeth if it were myraculous so strengthened and fortifyed her as she did beate her most potent enemy did set vp an other King in his Kingdome 〈◊〉 any such thing were yet this did not make her happie As neyther it did Nabuchodonosor of whome God said in the same place that when he had serued his turne of him and wrought his will by his hand and people for the purging or his owne elect he would visit vpon him also and his Countrey and that in a ●arre more grieuous sort Ponam i●am in solitudines sempiternas reddam eis secundum opera eorum secundum facta manuum suarum I shall make that Countrey all euer a●●ng w●●de●nes and shall res●ore to them that afflicted my peop●e according to their workes and to the deeds of their owne handes against my people This then was his ●e●icity to be a scourge to others and fynally also to himselfe most of all X. And the like I doubt not may be said of Q. Elizabeths ●licity agains● Catholicks it we knew all that in the last day or iudgment will appeare and wherof her lamētable end may gyue great presage to them that are wise For that for a woman of so long and large a lyfe as hors was to passe hence to eternity with so small sense or 〈◊〉 of God as neuer so much as to name him nor to suffer others to bring in any speach therof as they attempted to do is so pitti●ull an end as can lightly said to a Christian soule The story or which vpshot o●hers I haue read written by a person of much credit that was present at all her last sicknes combats and death and relateth all that passed as an eye witnesse which I passe ouer for breuity and modestyes sake but it will remayne to posterity as a dreadfull patterne of a miserable end after a lyfe of so much ioylitie XI And thus much for spirituall infelicityes reaching to the next world and lyfe or death to come But if we would rest our selues only vpon vayne brickle felicityes of this world they were not alas so great in Queene Elizabeth but that they were mingled and interlaced with many and great infelicityes in like manner and these such as did euen in the eyes of worldly men ouerpoise the other especially with them that repute honour and dishonour among humane felicityes infelicityes For what more dishonorable infelicity can there be then that which standeth in Capito Libri of Q. Elizabeths lyfe To witt the publike solemne Statute and Act of Parliament made within few dayes after she was borne vpon the 28. yeare of King Henryes raigne and yet extant in Print wherin it is declared not only by the iudgment of the King and of a●l that Parliament but by the iudiciall sentence also of Archbishop Cranmer she was pronounced to be vnlawfully borne and that her mother was neuer King Henryes lawfull wyfe wherupō the said statute vseth these wordes That it was against all honour equity and good conscience that the said Elizabeth should succeed in the Imperiall Crowne of England And could there be any greater worldly infelicity thēthis XII I let passe many other infelicities which happened by her occasion to sundry as well vnder the raigne of King Edward as the ruyne of the Seymers vpon the Admiralls falling in loue with her and making away his former wife Queene Catherine Parre to enioy her as also vnder Queene Marie when so many rebellions of VViat Courtney Carewes Stafford others were made for her But her owne raigne had most infelicities for her if they were well considered and I could touch many but modestie forbiddeth And least I should seeme to speak out of reuenge let this one
Ecclesiasticall Gouernment by Bishops was ordayned immediatly by Christ himselfe for which cause Bellarmine saith in the second place heere alledged That Kingdomes are not immediatly instituted from God but mediatly only by meanes of the people which people therfore may change their formes of gouernment as in many Countryes we see that they haue but yet when any forme of Gouernment is established and Gouernours placed therin their authority and power is from God and to be obeyed out of Conscience vnder payne of damnation as before I haue shewed out of Bellarmyne And he that will read but from his third Chapter de Laicis vnto the 13. shall fynd store of assertions proofes to that effect to omitt many other places throughout his workes So as the former proposition That Kings haue not their Authority nor office from God nor his law is very fraudulently sett downe For if he vnderstand that their forme of Principality and Office therin is not immediatly from Gods institution but by meanes of humane lawes of succession election or the like it is true But if he meane that their Authority is not from God eyther mediate or immediate or induceth not obligation of Conscience in obeying them as it seemeth he would haue his Reader to thinke it is most false And the Apologer ought not to haue walked in these obscurityes if he had meant vprightly LXXXII I am weary to wade any further in these obiections and yet will I not let passe to note three more though most briefly and almost in three words leauing the rest to be examined by the Reader himselfe The first is That Church-men are as farre aboue Kings as the soule is aboue the body The other That Obedience due to the Pope is for Conscience sake The third That Obedience due to Kings is only for certayne respects of order and policy The first and last being meere calumniations and the other not denyed by vs. For as for the first though the words heere mentioned be not in Bellarmyne yet the comparison it self of Ecclesiasticall and Temporall powers in the Church vnto the soule and body is the comparison of S. Gregorie Nazianzen related only by Bellarmyne and consequently it must needs follow as the same Father also inferreth that so much more eminent as the soule is aboue the body so much more excellent is the power Ecclesiasticall aboue Temporall which S. Chrisostome in like manner proueth at large in his books de Sacerdotio So as this is not Bellarmynes comparison but of the said two auncient Fathers and consequently Bellarmyne is not here reprehended but they LXXXIII The other two places if they be two and not one but made two for multiplying of odious matter against vs haue byn so fully answered by vs before as we shall need to say no more heere therof For as Obediēce is due out of Conscience vnto the Pope other Bishops Spirituall Gouernours in spirituall Gouernments by the Apostles precept Obedi●e Praepositis vestris c. Obey your Prelates be subiect vnto them for they watch as being to render accompt for your soules So the same Apostle hath commanded also due Obedience to Temporall Magistrates in temporall affayres by the same obligation of Conscience as Cardinall Bellarmyne doth shew at large in the places by me alledged And I maruaile with what Conscience the Apologer heere can deny it cyting a place for the same in his margent which hath no such matter as he would inferre That not for Conscience but only for certayne respects c. For that treating of the obligation of Obedience to temporall lawes in temporall affayres his second proposition is Non sunt exempti Clerici ab obedientia legum Ciuilium Clergie-men are not exempted from the obedience of temporall lawes And in another place before cyted Lex Ciuilis non minùs obligat in conscientia quàm lex diuina The Temporall law byndeth no lesse in conscience then the Diuine So as all those odious matters are but frandulently layd togeather to make Catholicks their cause hatefull especially vnto him whom vnto they desyre most of all men vnder God to yield most satisfaction for their temporall dutyes and would hope also to effectuate it if these make-bate Ministers did not by their continuall incitations clamours and false suggestions disturbe the same and renew daylie iealosyes and distrustes in his Ma. ties mynd against vs. The Conclusion WHERFORE to draw to an end of this distastfull argument it cannot but grieue afflict much the hartes of all that loue eyther Prince or Countrey looke into the naturall sequels of like proceedings to see matters runne dayly vnto such extremityes as they do that by such instigators as are both both lesse carefull to foresee the hurts both priuate publick that may ensue lesse able to remedy thē when they fall out The principall of whom being the first chiefe motors besydes the generall hatred wherin they are with both extremes of opposite in Religion are so interessed in like māner by the spoyles rapines which their rauenous Purseuants daylie bring home out of their continuall searches and ransacks of innocent mens houses goodes and persons as litle moderation may be expected from them LXXXV Would God it might please his dyuine Ma. tie so to inlighten and illustrate that excellent vnderstanding of our Prince and Soueraigne as he may see the many great inconueniēces that do must follow vpon so violēt courses as these men for their owne vtilitie do suggest prosecute Nothing can be more pittifull then to see a Noble House diuided in itselfe the one to beate hunt pursue the other this to be their continuall exercise especially of Children vnder the sight of their owne Father louing them all and desyring to be beloued Ah! what sollicitude must there needs be in that Fathers hart And were it not a great synne to increase the same by casting in oyle to augmēt the flame LXXXVI Would God his Ma. ties eares and those of his wise Counsell could reach into these partes beyond the seas and to all forrayne nations of Christendome besydes to heare what is said what is writtē what is discoursed by men of best iudgment in this behalfe not only in regard of iustice and piety but in reason also of State and Policie no man being of so simple vnderstanding but that he must see that so notorious differēces of Subiects for Religiō pursued with such hostility among thēselues must weaken greatly their forces and make them lesse esteemed both of friends and aduersaryes So as besydes internall dangers which are euer consequent vpon such inward diuisions if forrayne occasions should be offred vs agayne as in former tymes they haue beene by forrayne warres we should not know how to trust the one the other LXXXVII The cryes cōplayntes of these afflictions running throughout Christendome do giue strange admiration vnto men and do worke