A patterne of Christian loyaltie vvhereby any prudent man may clearely perceive, in what manner the new Oath of Allegiance, and every clause thereof, may in a true, and catholike sense, without danger of perjury, be taken by Roman Catholikes. And all the chiefe objections, which are usually made against the said Oath, either in particular, or in generall, may according to the grounds of Catholike religion bee easily answered. Collected out of authours, who have handled the whole matter more largely. By William Hovvard an English Catholike. Preston, Thomas, 1563-1640. This text is an enriched version of the TCP digital transcription A03751 of text S104244 in the English Short Title Catalog (STC 13871). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 150 KB of XML-encoded text transcribed from 41 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 A03751 STC 13871 ESTC S104244 99839983 99839983 4449 2240874886

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 Early English books online. (EEBO-TCP ; phase 2, no. A03751) Transcribed from: (Early English Books Online ; image set 4449) Images scanned from microfilm: (Early English books, 1475-1640 ; 1177:07) A patterne of Christian loyaltie vvhereby any prudent man may clearely perceive, in what manner the new Oath of Allegiance, and every clause thereof, may in a true, and catholike sense, without danger of perjury, be taken by Roman Catholikes. And all the chiefe objections, which are usually made against the said Oath, either in particular, or in generall, may according to the grounds of Catholike religion bee easily answered. Collected out of authours, who have handled the whole matter more largely. By William Hovvard an English Catholike. Preston, Thomas, 1563-1640. [20], 61, [1] p. Printed by R. Badger, London : 1634. William Howard = Thomas Preston. A defense of the 1606 Oath of Allegiance, whose use was being renewed at this time. A different text from Preston's 1616 defense. The first leaf is blank except for signature-mark "A" in a woodcut frame. Reproduction of the original in the Henry E. Huntington Library and Art Gallery. eng Oath of allegiance, 1606 -- Early works to 1800. eebo A patterne of Christian loyaltie: vvhereby any prudent man may clearely perceive, in what manner the new Oath of Allegiance, and every clause thereof, Preston, Thomas, 1634 78 23541 127 0 0 0 0 0 53.95 D The rate of 53.95 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2010-12 Assigned for keying and markup 2011-01 Keyed and coded from ProQuest page images 2011-02 Sampled and proofread 2011-02 Text and markup reviewed and edited 2011-06 Batch review (QC) and XML conversion

A PATTERNE OF CHRISTIAN LOYALTIE : Whereby any prudent man may clearely perceive , in what manner the New Oath of Allegiance , and every Clause thereof , may in a true , and Catholike sense , without danger of Perjury , be taken by Roman CATHOLIKES .

AND All the chiefe Objections , which are usually made against the said Oath , either in particular , or in generall , may according to the grounds of Catholike Religion bee easily answered .

Collected out of Authours , who have handled the whole matter more largely .

By WILLIAM HOWARD an English Catholike .

Feare our Lord , my sonne , and the King.

Proverbs 24.

LONDON , Printed by R. BADGER , 1634.

TO THE RIGHT HONOVRABLE , THOMAS , Lord HOWARD , Earle of Arundell and Surrey , Primier Earle , and Earle Marshall of England , Baron HOWARD , Mowbray , Segrave , Brus of Gower , Fitz-Alan , Clun , Oswaldestre , Maltravers , and Graystocke , Knight of the most Noble Order of the GARTER , and one of his Majesties most Honourable Privie Councell . My very good LORD ;

THe Titles on which this Dedication is grounded have prooved stronger then my bashfulnesse , or feare ; for your singular candor of minde , makes mee hope an acceptance of my good intentions , though joyned with weake abillities , and ( besides the honour of my relation to your Lordship in bloud ) the experience I have had of your Noble and gracious favour to my selfe in particular , gives me assurance , that you will not bee displeased , if for protection in an undertaking exposed to much opposition , I addresse my selfe to your Lordship . For so earnest have they been in this controversy , as now at last ( even since this little Treatise was under presse ) they have objected to me ; that wee are bound to beleeve as matter of faith , the generalities delivered by the Popes Holinesse , though the wisedome ( say they ) of the See Apostolike for bearing to irritate Christian Princes , descendes not to particulars . Thus indeavour they to beare us in hand , that wee are bound to professe what they conceale from us , and that Catholike faith must bee all one with mysterie of State , and consequently every good Christian being bound to professe his faith , with the losse of his life and living , we must in this question bee tyed to no lesse , for a secret in policie , thought fitting to bee kept from us out of reason of State.

The very laying downe of this their last refuge , sufficiently discovereth the weakenesse thereof : so it onely resteth that I crave your Lordships pardon for presenting it out of due place to your Lordships View ; to whom as Chiefe , both by nature and merit , I am obliged to professe my selfe ,

A faithfull and humble servant , WILLIAM HOWARD .
A PREMONITION to the Reader .

THere is one thing ( Courteous Reader ) which I wish thee first of all to observe , to wit , what great disagreement there is among the learneder sort of our English Catholikes , by whom the lesse learned are for the most part guided , in their opinions concerning the new Oath of Allegiance . For some condemne it for altogether unlawfull , nor to be taken with a safe conscience by any good Catholike . Others approve it for lawfull , and to containe nothing besides a profession of true temporall Allegiance , and therefore not to bee refused by any good Subject . A third sort there is , who carry themselves negatively , and in expresse words wil neither approve it , nor condemne it , but leave every man to his owne conscience , which in very deed is to any judicious man , all circumstances considered , a tacit approving thereof .

Those who condemne it , are of two sorts , the one extreamely violent , and are not afraid to taxe those Catholikes who approve it , of flat heresie , and to account them no true Catholikes , but rather heretikes , falsly pretending , That the Popes power to depose Princes , is by all learned and good Catholikes a confessed and undoubted point of Catholike faith ; That his power to Excommunicate , and to absolve from Oaths in generall is denied in the Oath : And that the King , See these objections answered , nu 7.11.17 . and Parliament doe take upon them in this Oath the Churches authority to define matters of Faith.

Others there be who are not so violent , but much misliking the former objections , they chiefly except against the Second , and Fourth Clause , how any man can truly sweare , That the Pope hath not any power to depose the King , &c. seeing that he hath at the least a probable power to depose him : and consequently how any man can truly abjure , as damnable and hereticall this doctrine , and position , That Princes which be deprived by the Pope , See these , and others answered , nu. 9.13.14 . may be deposed by their Subjects , or any other , seeing that it is at the least a probable doctrine , it being approved by the Pope himselfe , and by many other most learned Catholike Divines . And against the Oath in generall they urge , That our supreme spirituall Pastor hath forbidden it , See these answered , nu. 26.32.39 . That to take it , is scandalous , and that to refuse it , is the safer way .

Now when I perceived the best learned Priests of our Nation to disagree so much in their opinions concerning this great , and dangerous controversie of the Oath betwixt the Popes Holinesse , and the Kings Majestie , the one by his constitutive precept first commanding it under the penalty of a Praemunire , supposing it to containe nothing but true temporall Allegiance , the other by his declarative Breves forbidding it , as containing many things plainely repugnant to faith and salvation , and that both their commandements could not be obeyed , being opposits one to the other : And considering with my selfe first , that I must needs incurre either spirituall disobedience , by not obeying the Pope , if his commandement were just , or , if otherwise , temporall disloyaltie by disobeying the King ; and that , according to the common doctrine of Divines a a See beneath , num. 26. , the constitutive precept of a lawfull Superiour must be obeyed , unlesse it be clearely unjust , according to that which shall be said beneath b b num 3c . : Secondly , that both the Pope , and the King may sometimes erre in their Iudgements , and command that which is not just , for that their judgements are not alwayes grounded upon truth c c Can. A nobis de sent. Excom . cap. 28. , which never deceiveth , nor is deceived , but sometimes they follow opinion , which may often-times deceive , and be deceived : Thirdly , that I could not therefore be secure in conscience , by obeying either the Popes commandement against the Kings , or contrariwise , with blinde obedience , lest blinded with wilfull ignorance I should fall into the ditch d d Matth. 15. either of spirituall , or of temporall disobedience , by not examining with judgement of discretion , which of their commandements is just , and therefore to be obeyed , and that my owne conscience must be to mee the inward judge of all my actions , and omissions .

And lastly , that I could not secure my conscience , by giving credit only to those , who write , and plead in favour of the Pope against the King , without reading , and examining what they who write , and plead for the King , doe answer in his defence , or contrariwise , considering that both of them may relate each others reasons , and answers falsly , lamely , or corruptly , and that in a controversie , betwixt two parties he cannot be accounted an upright judge , who will heare , reade , and examine the reasons , answers , and allegations of the one side , or of the other , only in that manner , as it shall please the adverse part to propound them for his owne advantage , and that therefore to forbid any man , who is to be a judge in a controversie betwixt two parties ( as in the Court of Penance , every Ghostly Father is to be a judge of whatsoever his Penitent shall confesse unto him , and in the inward Court of Conscience every private man is to be his owne judge ) to reade , heare , and understand the reasons , and answers of either side , but only in that manner as his Adversary shall propound them , is in very deed no other , than to forbid him to be an upright Iudge . All which considered , to informe my conscience uprightly in this dangerous controversie of the Oath , not betwixt two inferiour parties , or betwixt the Defendant , or party sued , and the judge , but betweene two supreme , and independent judges in their degree , the one in spiritualls , the other in temporalls , contending whether this new Oath , which the one commandeth , and the other forbiddeth , be a temporall , or a spirituall thing , containe a profession of true temporall Allegiance , or a deniall of true spirituall obedience , I thought it not secure for me , to rely upon the bare relation , and information either of the one side only , or of the other .

Whereupon to finde out the truth herein according to the capacity of my understanding , and to frame my conscience accordingly , I have diligently read , and examined what bookes soever have been published , as well against the Oath in favour of the Pope , as for it in the Kings defence . And I confesse ingenuously , that those which have beene written in favour of the Oath , and of Soveraigne Princes not to be deposed much lesse to be murdered , or killed by the Popes authority ( which is the only principall thing denied therin ) have given me ful satisfaction in this point , out of which I have at sundry vacant times , to helpe the weaknesse of my memory , collected the Explications , and Observations following , which because they doe clearely convince my understanding , and may perchance give the like satisfaction to others , and also stirre up some , who are more learned than I am , to defend their Princes right , being assaulted by such powerfull Adversaries , I thought it necessary for divers reasons to propound them to the publike view of the world , to have them examined by learned Divines , as well in regard of mine owne good , as of the good of others : especially seeing that but few of our English Priests among so many , who in their conscience approve the Oath , dare for some worldly respects make knowne their minds herein but only to some of their trusty friends , because , as some of them who favour the Oath , have said to me in plain termes , the misery of these times is such , that by taking , or publikely approving the Oath , and maintaining the Kings soveraigne right in temporalls against such violent opposers thereof , they shall gaine little or nothing , in comparison of that , which they shall lose thereby . So that many Lay Catholikes are in daily hazard to lose their whole estates ( which is a pitifull thing ) for want of being instructed by these men for worldly ends , in this controversie of the Oath , which they in their owne conscience thinke to be very lawfull .

One reason therefore , for which I thought it necessary to publish these briefe Explications of the Oath , is the great griefe I have to see some few of our English Priests both Secular , and Religious , now lately to revive againe this scandalous controversie ( which for diverse yeares hath here through silence , and connivence been well appeased , and to oppose themselves most vehemently against the Oath , though not by publike writings to satisfie our understandings , yet by seeking to draw us to embrace their opinions against it by violence , and terrours , in labouring to make a Schisme among us , and to exclude us from the holy Sacraments , and Ecclesiasticall communion , only for our opinions ( as they themselves call it ) of the Oath , against the knowne practise of many learned , and vertuous Priests , and among the rest their last Arch-Priest , Mr. Doctour Harrison , as diverse letters of his written to one of his Assistants ( which are yet extant ) can give sufficient testimony . But if these men had well observed , in what manner Saint Austin writeth against the Donatists , S. Aug. Epht. 48 ad Vincent . & de Bapt. contra Donatist . for their breach of Ecclesiasticall unity , and in commendation and excuse of Saint Cyprian , ( who although he opposed himselfe vehemently against Pope Stephen in the question of Baptisme administred by Heretikes , yet they ( till kept Ecclesiasticall communion with each other ) doubtlesse they would have beene fearefull to have proceeded against their Catholike brethren with so little charity , but would have remembred that saying of Saint Austin , S. Aug. l●b 3. de Bapt contra Donat. 16. that those men have not charity , or the love of God , who love not the unity of the Church , but feare not to make a breach thereof onely for their opinions , and which for undoubted Doctrines of faith , they will needs obtrude not onely upon the unlearned , but also upon those who are as learned as themselves .

An other reason is , the great pitty I have to see some Catholikes of good account , now lately , by the bad counsell of their Instructours under a false pretence of Catholike faith cast themselves headlong into manifest danger , not onely of a Praemunire , to the beggering of themselves , their wives , and children , but also of their soules ( if ignorance doe not excuse them ) by disobeying the just commandement of their Soveraigne Prince in point of their loyalty , and due obedience , and giving thereby no small occasion to His Majestie to be scandalized at our Religion , and to account it a nourisher of disloyaltie , and all us Roman Catholikes to be disloyall Subjects , if the contrarie were not by some of us made manifest unto him . And is it not a lamentable case , and able to move a stony heart to teares , that wee Lay Catholikes , whom this Oath doth chiefly concerne ( for Priests can loose little , or nothing by refusing it , being subject to greater penalties , then is a Praemunire , although by perswading others to refuse it , because the Popes power to practise the deposition of Princes is denied therein , they may perchance incurre greater danger , as liable to suspicion of disposing the Subjects mindes to Rebellion when time shall serve , as any man of judgement may easily perceive ) that we , I say , should by any of our English priests ( who should rather be a comfort unto us , then add affliction to affliction , knowing the severity of the lawes , to which we are otherwise subject in regard of our Religion , if His Majestie out of his great clemency were not more mercifull unto us ) be compelled under paine to be deprived of Sacraments , and Ecclesiasticall communion , to loose all that we have in this world , liberty , lands , and goods ( and which being once lost by their bad counsell , they can never be able to restore to us backe againe ) onely for that we cannot be perswaded by them to approve as an undoubted doctrine of faith , their opinion for the Popes power to depose Princes ( the onely chiefe thing denied in the Oath ) which in France is not permitted to be publikely taught by any of their Priests for so much as probable . e e See the A●●● , of the parlament of parn 2 Ian. 1615. printed at Paris by the Kings Printers and in the French Mercurie tom. 3 the yeare 16.5 . pag. 327.

A Third reason is , for that His Majestie perceiving this controversie to be kept still on foote more by faction , then by reason , and that the Pope will not bee drawne to name any one particular thing , which in the Oath is clearely unlawfull , is resolved ( as I heare ) to maintaine his supreme temporall authority against all opposers thereof , and that therefore his Subjects should doe well , dutifully to shunne this damnable and seditious doctrine of deposing Princes by the Pope● pretended power which is the maine scope , and substance of this new Oath ( as both the words thereof doe plainely shew , and also his Father of renowned memorie , who was the maker of the law , hath oftentimes declared f f See beneath nu. 3. by publike writings ) which opinion is indeed to be abhorred , detested , and abjured by all loyall Subjects in this Kingdome , no lesse then in France , where by many Decrees of Parlaments it is accounted false , damnable , seditious , and bookes written in defence thereof forbidden under paine of Treason , See beneath num. 7. and 47 and also by a speciall Censure of the Sorbon Doctours ( to which sixteene French Iesuites promised to subscribe ) is expresly condemned , as new , false , erronious , contrary to the word of God &c.

The last reason is , that great desire I have not to erre through ignorance ( for wilfully by Gods grace I will never erre ) in the least point which may concerne the Catholike faith , or my duty to God , and Caesar . And therefore I would have no man to conceive , that I am so audaciously arrogant , as to take upon me heere to teach learned Priests , who ought to instruct others , their duty , knowing the great weakenesse of my owne learning in comparison of theirs , but rather to bee taught , and instructed by them , if perchance they shall find me to be in an errour , which as soone as any of them will vouchsafe to make manifest unto me , I promise faithfully to retract the same forthwith . For my onely desire is to informe my conscience rightly , and to give both to the Popes Holinesse , and to the Kings Majestie , that spirituall , and temporall obedience respectively , which according to the law of God , and the grounds of Catholike Religion is due to either of them . But if they will be silent , and not confute with solid reasons the ensuing Explications and Observations , and yet will still goe on with their accustomed clamours against the Oath , and the takers , or approvers thereof , all prudent men may well presume , that they are not able to convince me of any errour and by their silence I shall be the more confirmed in my opinion .

And if their Answere shall bee no other , then by labouring ( as some of them have lately done ) to procure new Breves , prohibitions , or Censures onely in generall termes ( as the former were ) after so many humble Supplications , g g See Widdringtons Theologicall D●sputation in the Epistle , and the Conclusion , his Purgation , and Sapplication to Pope Paul the Fift . And Thomas Prestone , and Thomas Greenes Supplication to Pope Gregorie the xv . that His Holinesse would bee pleased to name some one particular thing of so many as the former Breves have affirmed , to bee in the Oath , and consequently in those Bookes which defend it , plainly repugnant to faith , and salvation , they may well suppose , that those Catholikes , who out of a pure heart , good conscience , and unfaigned faith , or obedience both to their spirituall Pastour , and also to their temporall Prince , desire to be assured of the truth in particular ( for generals being subject to deceit according to that common saying , Dolosus versatur in generalibus , can give them small satisfaction ) will not be daunted with such generall prohibitions , or Censures in a matter of so great prejudice , unlesse they shall clearely perceive them to be agreeable to truth , and justice , they being not ignorant , that according to the common Doctrine of Divines , h h Navar 〈◊〉 Enchir. c. 27. nu. 3. Cova●●● tom 2. Relect. 1 de fractis . paragr . 7. Suar. ●isp . 4. de Cons●r see . 7. and other who ●●at 〈◊〉 s●●●s . prohibitions , and Censures , which are unjust , and invalid for want of a just cause , and where there is no Mortall sin , doe not bindin conscience , and will more hurt the soules of the procurers then of those , against whom they are unjustly procured .

Neither can these men bee ignorant , what small account some Catholike Princes , and their Subjects both in former ages , i i See the Protestants Apologie trac a. see 4. and also in these our times , have made of some Popes Breves , Bulls , and Censures , for that they have supposed them to bee unjust . And besides the late example of some the greatest of our Secular Priests , in not admitting the Breves of this Popes Holinesse being prejudiciall to their pretended ends , may bee a fit President to us Lay Catholikes , not to admit easily , and without due examination such prohibitions , Breves , or Censures , which doe tend to the great prejudice of the Kings Majesties temporall Soveraigntie , and to the temporall ruine of all as his Catholike Subjects .

Wherefore it were farre more convenient in my opinion , for the publike peace and unity of the Church , for the honour of the Sea Apostolike , for the generall , and particular safetie of themselves , and of many others in their soules , bodies , and goods , and for the avoiding of future scandals , and contentions ; which may arise betwixt the Kingdome , and the Priest-hood from new prohibitions , that these men would be a meanes to procure of His Holinesse , that either the former Breves , and prohibitions may bee buried with honour in silence , and oblivion , and every man left to his owne conscience , or that some particular thing in the Oath , which is plainly repugnant to faith and salvation , be more expresly declared , that mens minds may not bee troubled , nor the unity of the Church distracted , onely for opinions in things which may concerne the temporall rights of Princes , but that , according to the praier of the holy Church , k k The Thursday in Easter weeke . there may bee one faith of mindes , and piety of actions , notwithstanding diversitie of opinions , untill the Church , which is the pillar , and ground of truth , l l 1 Tim. 5. S. Aug. l. 1de Bapt. contra Donatist . c. 18. and is no partie in this strife , shall decide the controversie , or , as S. Austin speaketh in the excuse of S. Cyprian , untill by the sentence of a plenarie Councell the consent of the whole Church shall confirme what is to be followed in this matter . For so long as His Holinesse will permit some learned men to write bookes in his behalfe against our King in things belonging to his supreme temporall rights ( as doth this new Oath of Allegiance ) no prohibitions , or Censures can justly hinder , but that his Catholike Subjects , both Priests and Lay men , may also publish in print what may bee answered in the Kings defence . To conclude , I make no doubt , but that Truth will cause hatred , as flatterie doth friends , but withall I am assured , that Truth is great , m m 3. Esdr. 4. and will prevaile at last , and that Blessed are they who in the meane time till it prevaile , doe s●ffer persecution , at whose hands soever they suffer it , for truth , and justice sake , n n Matth. 5. for theirs is the kingdome of heaven .

ERRATA .

Pag. 4. l. penult. r. Also . pag. 15. l. 24. r. Montpillier . pag. 37 l ●● r. Soocher . pag. 58. l. nit . in Margent r. num. 28.

A BRIEFE OF SIX PRINCIPALL HEADS HANDLED IN THIS TREATISE .

FIRST , the forme of the new Oath is propounded , and every Clause thereof briefly explained : And that the maine point denied therein , is onely all true , lawfull , and valid power of the Pope to depose Princes , or to practise their deposition : and that the Doctrine which approveth this practise , being clearely false , as approving open injustice , may be abjured for false , and consequently as impious , damnable , indirectly , or by a necessary consequence repugnant to the Word of God , and in this sense hereticall , as both by Protestants , and by the most part of Catholike Divines , the word [ Hereticall ] is usually , and properly taken .

Secondly , that in penall Lawes ( as is this for taking the Oath ) all doubtfull words are to be understood in the more favourable sense , and which may make the Law to be just and reasonable , and that therefore what doubtfull words , or sentences soever are contained in the Oath , they must be taken in the more favourable sense , and which may make the Oath to containe no falshood , or injustice .

Thirdly , that Perjury is defined by Divines , to be a Lye confirmed by Oath , and that therefore whatsoever may excuse from Lying , may also excuse from Perjury . And that albeit there bee danger of Perjury to sweare doubtfull words in that sense , which is doubtfull , yet to sweare doubtfull words in a true , and determinate sense , and which is not doubtfull , but cleare , and morally certaine , there is no danger of Perjury .

Fourthly , the difference betwixt Declarative , and Constitutive precepts is declared , and that because the Popes Breves forbidding the Oath are declarative , and grounded upon false reasons , and suppositions , therefore English Catholikes are not bound to observe them .

Fifthly , what Scandall is , and how many sorts of Scandall there be , is declared , and that the refusing , not the taking , of the Oath is truely scandalous .

Lastly , which is the safer way is declared , and that it is safer to take the Oath , than to refuse it ; yea , and that to refuse it , is not safe at all : and the example of choosing the more safe , and the more probable Physicke is confuted , and shewed , that it is no fit example to disswade any man from taking the Oath , being commanded by the constitutive precept of our Soveraigne Prince .

THE FORME OF THE new Oath of Allegiance divided into eight parts or Clauses , as they are explained in this TREATISE .

1 I. A. B. Doc truly , and sincerely acknowledge , professe , testifie , and declare in my conscience before God , and the World ; That our Soveraigne Lord King CHARLES is lawfull , and rightfull King of this Realme , and of all other His Majesties Dominions and Countries .

2 And that the Pope neither of himselfe , nor by any authority of the Church , or see of Rome , or by any other meanes with any other , hath any power , or authoritie to depose the King , or to dispose any of His Majesties Kingdomes , or Dominions , or to authorize any forren Prince to invade , or annoy Him , or His Countries , or to discharge any of His Subjects of their Alleagiance , or Obedience to His Majestie , or to give licence , or leave to any of them to beare Armes , raise Tumults , or to offer any violence , or hurt to His Majesties Royall Person , State , or Government , or to any of His Majesties Subjects within His Majesties Dominions .

3 And I doe sweare from my heart , that notwithstanding any Declaration , or sentence of Excommunication , or Deprivation , made or granted , or to be made or granted by the Pope , or His Successours , or by any Authoritie derived , or to be derived from Him , or His See against the said King , His Heires , or Successors , or any Absolution of the said Subjects from their Obedience ; I will beare faith , and true Alleagiance to His Majestie , His Heires , and Successours , and Him , and Them will defend to the uttermost of my power against all Conspiracies , and Attempts whatsoever , which shall be made against His , or their Persons , their Crown or Dignitie , by reason , or colour of any such Sentence , or Declaration , or otherwise ; and will doe my best endevour to disclose , and make knowne unto His Majestie , His Heires and Successours , all Treasons , and Trayterous Conspiracies , which I shall know or heare of to be against Him , or any of them .

4 And I doe further sweare , that I doe from my heart abhorre , detest , and abjure as impious and hereticall , this damnable doctrine , and position , That Princes , which be excommunicated , or deprived by the Pope , may be deposed , or murthered by their Subjects , or any other whatsoever .

5 And I doe beleeve , and in conscience am resolved , that neither the Pope , nor any Person whatsoever , hath power to absolve me of this Oath , or any part thereof .

6 Which I acknowledge by good , and full authoritie to be lawfully ministred unto me , and doe renounce all Pardons , and dispensations to the contrarie .

7 And all these things I doe plainely , and sincerely acknowledge , and sweare , according to the expresse words by mee spoken , and according to the plaine , and common sense , and understanding of the same words , without any equivocation , or mentall evasion , or secret reservation whatsoever .

8 And I doe make this Recognition and Acknowledgement , heartily , willingly , and truely upon the true faith of a Christian . So helpe me God.

The first Clause explained .

1 THe First Clause , I A B , &c. all English Catholikes ( although otherwise vehement impugners of the Oath , as Doctor Kellison a a In his Treatise of the Prelate , and the Prince , &c. cap. 15. nu. 12. , and Father Parsons ) doe willingly admit ; for that every English Catholike ( saith Father Parsons b b In his Booke entitled , The Iudgement of a Catholike English man , &c. part. 1. nu. 22. pag. 13.16 . ) will sweare and acknowledge most willingly all those parts , and Clauses of the Oath , which doe any way appertaine to the Civill and Temporall obedience due to His Majestie , whom he acknowledgeth for his true and lawfull King , and Soveraigne over all His Dominions . Neither can there be any difficultie therein , except onely to know , what is that , which in this Clause , and the next , by vertue of the expresse words , and the plaine , and common sense of them ( to which the Seventh Clause expresly bindeth the Swearer ) I am bound to sweare immediately ; to wit , whether by force of the words I must sweare immediately , That our Soveraigne Lord , &c. And that the Pope , &c. or only my sincere acknowledgement thereof . For although in regard of the matter , it is lawfull to sweare them both , that is , both the things themselves , and also my sincere acknowledgement of them , and therefore we need not to contend about the words : Yet it is very probable , if not certain , that by force of the words I am bound to sweare immediately only my sincere acknowledgement . Because all the swearing both in this Clause , and the next , consisteth only in those words [ Before God ] which being taken away , there would be no swearing , or Oath at all , in affirming , or denying any thing contained in these two Clauses . And the plaine meaning of these words [ Before God , and the World ] is this , that I A B doe call God , and the World to witnesse , that I doe truly , that is , unfaignedly , and sincerely acknowledge , professe , testifie and declare in my conscience , That our Soveraigne Lord , &c. And that the Pope , &c. although , as I said , in regard of the matter , it is lawfull to sweare them both .

The second Clause explained .

2 IN the Second Clause , And that the Pope , &c. ( which is the root and ground of all the Branches following ) there is no such difficultie as some pretend , if wee duely consider the expresse words thereof , and the occasion , end , and reason , for which this new Oath was devised . For , as Suarez doth well observe , Suarez lib 6. de Leg. cap. 1. Vpon the will , and intention of the Law-maker ( which is the soule of the Law ) the substance , and force of the Law doth chiefly depend . Whereupon , if by any meanes the will of the Law-maker may be knowne , according to it especially we must interpret the words of the Law , because that is the true interpretation of the Law , by which we follow the will , and meaning of the Law-maker : not his will meerely internall , but as it is expressed by words , because a Law is not enacted by the Princes will , unlesse by the words of the Law it be sufficiently expressed , seeing that the will alone is not of it selfe sufficient to binde , neither also is it sufficient , that it bee privately knowne by some other way , but it is necessarie , that it be sufficiently contained in the Law it selfe . And especially we must consider the beginning , Preface , or Preamble of the Law , and joyne with it the rest which follow : for to the beginning if there be no other let , all that followeth is to be applyed , because in the beginning , or Preamble of the Constitution is usually contained the finall end , cause , and reason , which chiefly moveth the Law-maker , and which morray is a sure meanes to finde out his will , and meaning , and by which the ambiguitie of any doubtfull word , or sentence is chiefly to be determined .

3 Now upon the occasion , and discovery of those barbarous Powder-Traytours , who were all of them Roman Catholikes , and , as it appeareth by their confessions , grounded their divellish Conspiracie chiefly upon the Popes power to deprive Princes of their Kingdomes , and Lives for the good of Religion : The Kings Majestie knowing right well , that many other Roman Catholikes did from their hearts detest , and abhorre such Trayterous and Diabolicall practises , and the wicked grounds thereof , thought it needfull for the better discovering and repressing of such bloudie Assasinates , and their disciples , to devise , and establish in the next Parliament following such an Oath , wherein true temporall Allegiance due to all temporal Princes what Religion soever they professe , should be acknowledged , and no true spirituall obedience due to the Popes Holinesse should be denied , and yet the wicked principles of that most damnable Conspiracie should be detected , and abjured . Whereupon the Parliament , in the very beginning , or Preamble of the Oath c c Anno 3. Iacobi cap. 4. sect. And for the better triall , &c. , setteth down the end , and reason thereof , to wit , for the better triall how His Majesties subjects stand affected in point of their loyaltie , and due obedience , which ( as afterwards in the next d d Anno 7. Iacobi cap. 6. Session they declare ) every true and well affected Subject not onely by the bond of Alleagiance , but also by the commandement of Almightie GOD ought to beare to His Majestie , his Heires , and Successours . And moreover , the Kings Majestie Himselfe hath often by publike writings e e In his premonition pag. 9. and i● h●s Apologie for the O●th , pag. ● . & 9. in expresse words declared , that in this Oath He intended to demand of His Subjects nothing else , than a profession of that temporall Alleagiance , and Civill obdience , which all subjects by the Law of GOD and Nature , doe owe to their lawfull Prince , with a promise to resist , and disclose all contrary uncivill violence , and to make a true distinction , not betwixt Catholikes and Protestants , but betwixt Catholikes of quiet disposition , and in all other things good Subjects , and such other Catholikes as in their hearts maintained the like violent bloudie Maximes , as the Powder-traytours did . Whereupon He caused the lower House of Parliament , who at the first would have had the Oath to containe a deniall of the Popes power to excommunicate Him , to reforme that Clause : So carefull was He , that nothing should be contained in this Oath , except the profession of naturall Alleagiance , and civill , and temporall Obedience . He said [ in this Oath ] for as the Oath of Supremacie , saith His Majestie , was devised for putting a difference betweene Papists , and them of our profession ; so was this Oath ordained for making a difference betweene the civilly obedient Papists , and the perverse disciples of the Powder treason .

4 First , therefore , in this Clause is not denied the power , authoritie , right , or title , which temporall Princes , or Common-wealths have , or may pretend to have in temporals , as to make warre , invade , annoy , &c. upon just cause . For this temporall power either of Princes , or Common-wealths , and consequently of the Pope , as he is a temporall Prince , is not in this Clause medled withall , neither is there any thing concerning it affirmed , or denied therein , as the expresse words doe plainely shew , but only concerning the power , and authority , which the Pope formally as he is Pope , Bishop of Rome , or supreme spirituall Pastour , or Prince , either of himselfe , or by any other meanes with any other , hath to depose the King , &c.

5 Secondly , neither in this Clause is denied that that power , or authoritie , which the Pope , as Pope , hath to command temporall things , as invadings , annoyings , &c. in order to spirituall good , or , which is all one , to concurre therein with others , who have , or may pretend to have such power to invade , annoy , &c. by way only of morall influence , or motion , as by hiring , perswading , or commanding ; neither can the words of this Clause , being taken properly , admit this sense . For to have power or authoritie to doe a thing , as to invade , annoy , &c. is a farre different thing , than to have power , or authority only to command the doing thereof , or to concurre by way only of morall influence , with others who have true , and lawful power to doe it . As to have art , or skill to paint , is a farre different thing , than to hire or command a Painter who hath skil , to paint , or to concur with him to the making of a picture by way only of moral influence , or motion . Neither can a King , who hireth , or commandeth a Painter to make such a picture , bee truly said to make or paint that picture , or to concurre to the painting thereof , as having himselfe art , or skill to paint it . And in like manner it is to be said that a Pope , who by way onely of morall influence , as by perswading , hiring , or commanding , concurreth to the invading of a King with others , who have perchance true and lawfull power to invade him , be truely said to invade that King , as having himselfe true and lawfull power to invade Him , of which power and authoritie to invade , annoy , &c. and not of morall influence , or of power onely to command Invasions , &c. this Clause expresly speaketh . And therefore albeit we should falsly suppose ( which some doe greatly , but perniciously , indiscreetly , and to no purpose urge against this Clause ) that the Civill Common-wealth in some case hath power to punish and depose her Soveraigne Prince , and that the Pope may concurre with her therein by way of morall influence , or motion ( which neverthelesse for practise , which is chiefly to be regarded , is certainly false , for the same reason , for which as I wil shew forthwith , it is certainly false , that the Pope hath not any true , and lawfull power to depose , or practise the deposition of Princes , because so long as it is but probable inspeculation , or , which is all one , so long as it is but an opinion , or controversie among Philosophers , and Divines , the Prince being in possession , cannot upon any probable , or controversed power or title , be deprived thereof without open injustice ) yet this being falsly supposed , would no way impugne this Branch of the Oath , which speaketh not of the Popes concurring with any other to deposing , invading , annoying , &c. by way onely of morall influence , but onely of his Power , or authority to depose , invade , annoy &c. or of his concurring with any other to the doing of those actions , as having himselfe true power , and authority to doe them .

6 Neither thirdly can any man with any modesty , charity , or reverent respect to the Kings Majestie conceive , that He would by Act of Parlament have all His Subjects to sweare , or sincerely to acknowledge by Oath that to be true , which Himselfe , and all the Christian world know to be clearely false , to wit , that the Pope , as Pope , hath not any power to depose the King , as also other Princes , so much as in the opinion of the Pope himselfe , and of many other Divines , who are of his opinion . For His Majestie knew right well , and which being a thing so manifest , no man of any judgement can deny , which therefore Father Lessins , f f Lessins in his Singleton de Discussione decreti Lateran . concilii part 2. num. 38. and Docter Kellison , g g In his Treatise of the Prelate , and the Prince &c. cap. 11. num. 7. pag. 241. doe in expresse words acknowledge , that a power , which is not altogether certaine , but onely probable , or in controversie , cannot be a sufficient ground , whereby immediately any man may be punished , and deprived of any his right , and Dominion , nor can be practised without open injustice . And consequently that a power to depose , which is onely probable , is not any true , reall , lawfull , sufficient , and valid power to depose , and therefore for practise neither in law , nor conscience to be accounted any power at all : seeing that power , and practise are correlatives , which doe mutually inferre , and destroy each other , h h Arist. in Praedicam . cap. 3. and where there can be no true , reall , and lawfull effect , or practise , there is no true , reall , and lawfull power . For in vaine is that power , and therefore none , seeing that God , and Nature doe nothing in vaine , i i Arist. lib. 3. de Coelo ●ea . 32 be reduced to effect , or practise .

7 And that it is a Doctrine truely probable , it being approved by so many learned Divines , who have seen and examined all the arguments on either side , nor grounded upon any reason , or principle which is cleerely false , that the Pope hath not power to depose Princes , it is manifest .

First by the Acts , and proceedings of the Sorbon Doctours k k See the French Mercurie tom. 2. ad Ann. 16●2 . p. 597. & seq . against the English controversie of Becanus , who held , that it is certaine , and out of all controversie among Catholikes , that the Pope hath power to deprive Princes of their Kingdomes , yea and of their lives , falsly pretending the High Priest in the old Law to have the same authority , and therefore the Pope in the new .

Secondly , by the Censure of the said Theologicall Facultie l l This Censure is printed at Paris in Latin , and may bee seen in French in the French Merc tom 11. ad Ann. 1626. p. 9● . and see it beneath nu. 44. against the Doctrine of Santarellus , which teacheth , that the Pope hath power to depose Princes for heresie .

Thirdly , by the publike Declaration of Sixteene the chiefest Iesuites of France dated the sixteenth of March 1626 ; and exhibited to the French King , m m See the French Mere. tom. 11 ad An. 1626. pag. 92. wherein they renounce , and detest the Doctrine of Santarellus as wicked , in that which concerneth the Persons of Kings , their Authority , and their States &c. Promising to subscribe to the censure , which shall be made against that pernicious Doctrine by the Clergie , or the Sorbon .

Fourthly , by the publike Declaration of three French Bishops , to wit , of Auranches , of Charters , and of Soissons , n n See the Fren. Merc. tom. 11. ad Ann. 1626 , pag. 105. wherein also they insinuate , that the Bishops of France in their Generall Assemblie did agree with them in these three propositions : 1. That it is not lawfull to rebell , or take Armes against the King for any cause , or occasion whatsoever . 2. That all Subjects are bound to obey the Kings , and that no person can dispence with their Oath of Allegiance . 3. That the King cannot be deposed by any power whatsoever , nor under any pretext , or occasion whatsoever ,

Fifthly , by the first Article , o o See the Fren. Merc. tom. 3. ad . Ann. 1615. pag. 235. or Oath of France ( which in substance is all one with our English Oath ) agreed upon in the yeare 1615 by the Third Estates , or Lower House of Parlament , wherein of two hundred Persons , or thereabout , there were but six Protestants , and no one Protestant was present at the making thereof , or privie thereunto , as President Miron , Speaker for the House , did publikely before them all , Cardinall Peron being then present , confidently affirme p p Ibid. p. 312.

Sixthly , by the uniforme consent of all the French Prelates in the generall Assembly of all the Estates held the yeare 1614. 1615. who ( as the Bishop of Montxillier q q Ibid p. 253. and the Lord Cardinall Peron r r Ibid. p. 270. sent by the Ecclesiasticall Chamber to the Third Estates about their First Article doe affirme ) were willing to joyne with the Third Estates in this common Article , That it is not lawfull for any man to touch the person of their Kings for any crime , or upon any cause or occasion what soever ; which they offered to signe not onely with their hearts , but also with their blouds , and to cry Anathema , eternall malediction , and damnation against all those , who shall attempt to kill their Kings for any crime , or upon any cause whatsoever . And neverthelesse ( as President Miron very well answered the said Cardinalls Oration ex tempore ) the Doctrine of deposing , and of killing Kings , are Cousin Germans , t t Ibid. p. 320. for that they proceed from the same roote , and offspring of the Popes power to dispose of all temporalls , and consequently not onely of Kingdomes , but also of Lives in order to spirituall good ; and also ( as the Prince of Conday t t Ibid. p 332. in his learned , and Religious speech to the King sitting in Councell doth well observe ) the Doctrine of deposing Princes , as a thread in a needle , leadeth to usurpations , Rebellions , and the murthering of Soveraigne Princes .

Seventhly , and lastly by the testimonie of Cardinall Peron , Card. Peron in his great Fren. Reply . cap. 91 pag. 633. who expresly saith , that this controversie , concerning the Popes power indirectly in temporalls , ought not to hinder the reunion of those , who should desire to be reconciled to the Church : To omit the Decrees of the Parlament of Paris forbidding under paine of Treason the Treatise of Cardinall Bellarmine u u See the Fren. Merc. tom. 2. ad An. 1610. p. 19. against Doctour Barclay , the Defensio Fidei Catholicae , &c. Of Suarez : x x Idem tom. 3. ad An. 1614. pag. 441. See also tom. 3. ad An. 1615. pag. 327. the Treatise of Santarellus de Haeresi &c. y y Idem . tom 11 ad An 1626. pag. 87. The burning of Doctour Schulckenius Apologie for Cardinall Bellarmine against Widdrington z z Idem . tom. 3. ad An. 1623. pag. 277. by the sentence of the Provost of Paris , besides many learned Catholikes both of our owne Nation , as Bishop Watson , Abot Fecknam , Doctour Cole , Iohn Harpsfield , Nicolas Harpsfield , Iohn Hart , Iames Bosgrave , the Thirteene Priests protestation , and also of other , related , and confirmed by Mr a a In his contatation of Mr Fizherbert p. 1. per●c●●●● . Widdrington against all the exceptions , which Doctour Schulckenius hath taken against them : All which doe so clearely convince the probabilitie of this Doctrine , which denieth the Popes power to depose Princes , that no man of any reading can from his heart now deny the same .

8 Wherefore the plaine meaning of this clause is , [ That the Pope ] that is , properly , and formally as Pope [ neither of himslefe ] that is , as a sole , and totall Efficient cause [ nor by the authority of the Church , or See of Rome ] that is , as an instrument or Minister of the Church , or See of Rome [ or by any other meanes ] that is , as a Principall Agent , using some helps or meanes , as his instruments [ with any other ] that is , as a Partiall Agent concurring partially with some other . Which Partiall Agents although they have not alwaies compleat and sufficient power to produce the effect severally , and by one of themselves alone , yet if they be properly Partiall Agents , b b See the Philosophers upon 2. Phys. or 5. Metaph. where they treate of the Efficient Cause , and also shew the difference betwixt a Physicall or Reall Agent , and a Morall , who sometimes is reputed a Princi●●ll Agent in gene●● moris , 〈◊〉 ●h 〈◊〉 rea●h d●th nothing . they must alwaies have in themselves the same specificall active or virtuall power , by which they concurre joyntly with each other to the producing thereof : As two men drawing a Ship , which one of them alone is not able to draw . And therefore a Maister , who onely by morall influence , as by commanding , or hyring , concurreth with his Servants to the drawing of the Ship , is not properly a Partiall Agent concurring with them , nor is said to draw partially with them the Ship , but hee is a Principall Agent of a farre different kinde , and nature , to wit , Morall ; and his Servants , as drawing by his appointment , are onely his Morall Instruments .

9 [ Hath any power or authority ] that is , not meerely probable , or in the conceit , opinion , or speculation of the Pope , and of many other learned men , for this , as I said , is for practise to be accounted no power at all , but true , reall , lawfull , sufficient , and valid power , or authority [ to depose the King ] that is , by his definitive sentence to deprive him of his Regall authority , and to make him to true , and rightfull King , but a private man : [ or to dispose any of his [ Kingdomes , or Dominions ] that is , to take them away from him , and to give them to an other , which supposeth , that the Pope hath power to depose the King , and to deprive Him of his Royall right and Dominion : [ or to discharge any of his Subjects of their obedience ] because , according to Cardinall Bellarmine , and Suarez , every Subject by the law of God , Bell. in Tract . contra Barcla . cap. 21. p 2●2 Suar. in Defen . &c. lib 6. cap. 3. num. 6. and Nature , oweth true obedience , and Allegiance to his lawfull Prince , so long as He remaineth Prince : [ or to authorize ] that is , to give authority to any forraigne Princes to invade , or annoy Him , or His Countries : Because all the authority , which temporall Princes have in temporalls , to invade , or annoy &c. they have not derived from the authority , or commandement of the Pope , as he is Pope , but granted them by the Law of God , Nature , or Nations : [ or to give licence , or leave to any of His Subjects to beare Armes &c. ] Because the Pope , as Pope , hath no such authority , licence , or leave himself , and therfore cannot give it to others . And by this is easily answered the common objection urged against this Clause , that no man can sweare a probable opinion to be certainly false , but it is a probable opinion at the least , that the Pope hath power to depose Princes , or , which in substance is all one , no man can sweare , that the Pope hath not any power to depose the King , seeing that he hath a probable power to depose him ; but a probable power to depose is some power . For it is not a probable opinion in practise , howsoever it be in meere speculation , and abstracting from practise , that the Pope hath power to depose Princes , or to practise their deposition , supposing , which is most manifest , that it is not altogether certaine , but onely probable , and in controversie among learned Catholikes that he hath power to depose them , unlesse we will absurdly admit , that it is a probable opinion , that the Pope may lawfully commit open injustice . Neither is a meere probable power any true , lawfull , and sufficient power to depose , punish , or dispossesse ( of which power onely this Clause is to be understood ) and therefore for practise neither in law , nor conscience to be accounted any power at all .

The Third Clause explained .

10 THe Third Clause , Also I doe sweare &c. hath in it no difficulty , supposing the former , to which it hath relation , as practise hath to power . For if it be lawfull to acknowledge before God , that the Pope hath not by any meanes , either of Excommunication , Deprivation , Absolution , or any other Sentence , or Declaration , any true , lawfull , sufficient , and valid power , or authority to depose the King , and to make him no King , and consequently to discharge or absolve his Subjects from their Allegiance , it cleerely followeth , that I may also promise by Oath , that notwithstanding any sentence of Excommunication , Deprivation , Absolution , or other Declaration made , or to be made by the Pope , or his Successours , against the King , his Heires , or Successours , First , I will beare faith , and true Allegiance to His Majesty , his Heires , and Successors : Secondly , I will defend Him , and them to the uttermost of my power against all conspiracies &c. And thirdly , I will doe my best endeavour to disclose , and make knowne unto His Majestie , his Heires and Successours , all Treasons , and Traiterous Conspiracies &c. Because to performe these three things every faithfull Subiect , although he neither had , nor should make any expresse Oath , or promise to performe them , is bound by the absolute law of God , and Nature to performe , so long as the King remaineth King , and cannot bee deprived of his Regall authority by the Pope .

11 Secondly , in this Clause is not meddled withall , but rather supposed , th●n denied the Popes power to Excommunicate , as King Iames of renowned memorie hath by c c In praefat. Monitor . pag 11.12 & in Consu●at . mendaciorum Torti , mendacio 1. publike writings not onely declared to all Christian Princes , but also very well proved against Card. Bellarmine . But this onely is here denied , that Excommunication , being a spirituall Censure can worke this temporall effect , as to make a King , no King , but only of a Christian , as a Heathen , and a Publican , and to deprive him of Ecclesiasticall communion , but not of his Regall authority . Thirdly , by Heires , and Successours are not understood Vsurpers , but such onely as shall lawfully , and by right succeed : for as according to law , d d Glossa in can Faciat 22. q. 2 & leg . Vulgo f. de statu hominum lib. 1. we can onely doe that , which we can lawfully , and honestly doe , so in law , and conscience they onely are reputed Heires , and Successours , who lawfully , and by right shall succeede . Lastly , by Treasons , and Traiterous Conspiracies are not understood improper , positive , or spirituall Treasons , and which in regard chiefly of Religion are by the positive lawes onely of some Kingdomes , or Nations , but not of all made Treasons , as are the comming in of Priests into this Realme ordained by the Popes authority &c. But onely such Treasons are he●re understood , which are true , proper , and naturall Treasons and which all Kingdomes , and Nations account for such , as being repugnant to that Naturall , and civill e e See above ●am. 3. Allegiance , which all Subjects both Heathen , and Christian by the law of God , and Nature doe owe to their lawfull Soveraigne , whatsoever Religion He , or they shall professe .

The fourth Clause explained .

12 THE Fourth Clause , And I doe further sweare , &c. if it be rightly understood , is as cleare as the former . For therein , by force of the words , the practise only of the Popes power to depose , or murther Princes , and the doctrine which maintaineth it for lawfull , to wit , That Princes , which be excommunicated , or deprived by the Pope , may , that is , by vertue of the Popes sentence of Ecommunication , or Deprivation , bee deposed , or murthered by their Subjects , or any other whatsoever , is abjured , I doe not say , as an heresie , but as the words of this Clause are , as hereticall . For ( as Petrus Aragona , Aragona 2 a. 2 ae . q. 11. ar. 2. Suarez disp. 19. de Fide. sec. 2. nam . 8. and Suarez , doe well observe ) heresie , and an hereticall proposition properly , and in rigour are not the same , but doe differ as the act , or sin , and the matter thereof ; because heresie properly doth signifie a certaine sinne of infidelitie , but an hereticall proposition doth onely signifie the matter of that sinne : And therefore although pertinacie belongeth to the nature of heresie , it doth not therefore follow , that it belongeth to the nature of an hereticall proposition . I said ( saith Suarez ) properly , and in rigour ; for heresie may also be distinguished into materiall , and formall , and so it may be said , that an hereticall proposition is a certaine heresie , not formall , but materiall , and so it is not necessary , that it depend upon the pertinacie of the speaker ; for this only belongeth to formall heresie , which is a sinfull act , and doth formally make an Hereticke , as whitenesse doth formally make the subject , wherin it is to be white . From whence it followeth ( saith Aragona ) that when Doctors call an hereticall proposition an Heresie , they speake not properly , because it is not to be called an heresie , but an hereticall proposition . For according to all Divines , f f See S. Thom 2a 2 . e q. 11. art. 2. Cajet. Bannes , ibid. Aragona art. 1. Suarez disp. ●9 . de Fide sec. 3. to Heresie , as it is a sinne against Faith , and maketh a formall Heretike , is required pertinacie against the Doctrine , Declaration , and Sense of the Church .

13 Now supposing these two principles , which are so cleare and evident , as I have shewed above g g n●● 6 ▪ , that no man of any reading , and judgement can deny either of them : the one , that it is a great controversie among learned Catholikes , and a doctrine approved by many of them , that the Pope hath not power to deprive Princes of their Kingdomes , much lesse of their Lives ; and therefore truly probable , their approbation being not grounded upon any principle , which is clearely false : The other , that a power , which is not altogether certaine , but only probable , and in controversie , can be no sufficient ground to punish , depose , or deprive any man of any his right , and dominion , or of any other thing , which he possesseth ; and consequently , as Mr. Doctor Kellison well inferreth , cannot be practised without open injustice : it clearely followeth , that this Doctrine , which approveth the practise of deposing , or murdering Princes by the Popes authoritie , and by vertue of his sentence of Excommunication , or Deprivation is manifestly false , as teaching open injustice , to wit , Theft and Murder in a most high degree , and may therefore be abjured for such , and consequently for impious , damnable , indirectly , and by a necessary consequence repugnant to faith , and divine truth revealed in the holy Scriptures , h h Exod. 20. Thou shalt not steale , Thou shalt not kill ; Kill him not , &c. Render to Caesar , &c. and in this sense hereticall , as the word [ Hereticall ] is usually , and properly taken both by Protestants , and also by the most part of Catholike Divines i i R●● 26 M●●● . 21. i● S T●●●● . 2 a. 2 a q. 1 ●●rt 2. Baan . s & Atagon ibid. Turrec●em . in Summa de Eccles. l. 4. part. 2. c. 3. Director . Inquisit . par. 2. c●m . 27. p. 233. Canus , lib. 6. de l●ci● , c●●lt . ad . 10. Scot in 3. dist. 35. Vulpes tom. 1 . ●isp . 2. art. 5. & disp. 3. art 7 Faber . q. 1. Prologi , disp. 6. cap. 1. Cast●o lib. 1. contr. haeres ▪ cap. 8. Vega li● . 9 in Concil. Trid. cap. 39. T●a●c . a Christo , 〈◊〉 3. se t. dist. 23 q 3. de hae es● Co●er . l. 4 〈◊〉 ●● . Reg●at . c. 14. Molina in part. 1. q. 1. a● . 2 〈◊〉 p. 1. Vasquez ibid. disp. 5 c. 3. Fassolm ibid q. 1. dub. 13. , who hold , that the Church doth not make any doctrine to be hereticall , or of Faith , but only declare it to be such , which before her declaration was truly such , and that whatsoever is indirectly , secondarily , or by a necessary consequence repugnant to faith , is truly and properly hereticall , although hee that without pertinacie should maintaine any such doctrine in this sense hereticall , before the Church hath declared it to be such , is not to be accounted an heretike , nor doth incurre Anathema , or any other penalties ordained against Heretikes .

14 I said above [ their approbation being not grounded , &c. ] Because the approbation of Doctors , though they be never so many , if it be grounded upon any principle , reason , or supposition , which is manifestly false , cannot make their opinion to be truly probable , to those especially ( as Vasquez k k Vasq. 1 a. 2ae aisp . 62 cap. 4. sect. Observandum tamen m●xime est . well observeth ) who see the manifest falshood of that principle , reason , or supposition . As all those Popes , and Doctors , who have approved , or doe approve the lawfull practise of deposing Princes by the Popes authority , either did , or doe thinke , and suppose , that it is most certaine , and of faith , nor in controversie among learned Catholikes , that the Pope hath such power to depose them , which all the world now seeth to be clearly false ; or else they did not , or doe not consider the difference betwixt meere speculation , and practise , and betwixt a probable power to favour , and to punish , depose , or dispossesse ; whereas all learned Catholikes , both Divines , and Lawyers doe agree in this manifest principle , that a power , right , or title , which is not certaine , but in controversie , is no sufficient ground to deprive , or put any man out of his possession , nor can be practised without open injustice , untill an undoubted Iudge , and whose authority for the determining of that matter is not questionable ( as is the Popes authority to define undoubtedly matters of faith without a Generall Councell , See Beneath . num. 29. as I will shew beneath ) shall decide the question .

15 I omit now two other Expositions of this Clause , and which some learned Catholikes doe greatly applaud . The one of the Adverbe [ as hereticall ] which being an Adverbe of similitude , doth alwayes by force of the word , signifie a similitude , and not a realitie , or identitie , but onely in regard of the matter , to which it is applyed . So that considering in penall lawes ( as is this law for taking the Oath ) all doubtfull words are ever to be taken in the more favourable sense , and which maketh the law to containe no falshood , or injustice , they will have the sense of this Clause to be this , I abjure this doctrine , and position as hereticall , that is , as having onely a similitude , and affinity with that doctrine and position , which is hereticall . The other is of the Conjunction disjunctive [ or murthered ] which according to the usuall signification of our English speech , whensoever it immediately followeth the verb [ may ] implyeth a free choice to take which part of the Dis-junction we please , and maketh not an absolute , but a conditionall dis-junctive proposition , which , for as much as concerneth the truth , or falshood thereof , followeth the nature , and conditions of a copulative , and not of an absolute , or common dis-junctive proposition . And it maketh the sense of this Clause to be equivalent to this ; I abjure as hereticall this doctrine , and position , That Princes , which be excommunicated , or deprived by the Pope , may be deposed , and murthered by their Subjects : Which doctrine , and position in regard of the second part , [ and murthered ] being by all Catholikes accounted hereticall , especially seeing that murther is alwayes taken with us for an unjust , and wicked killing , and not for every killing , or manslaughter , the whole entire conditionall dis-junctive proposition in regard only of this part may be truly abjured for hereticall . But because the First Explication may abundantly suffice to make it apparant even to such Catholikes , as are willing to take all the exceptions they can against any ambiguous word , or sentence contained in the Oath , that not only the practise of murthering , or killing , but also of deposing Princes by the Popes authority , may be abjured for hereticall in a true , proper , and usuall sense , as I have shewed , without making him that without pertinacie shall maintaine it , to be properly an heretike , and also that these two later may bee seene more at large related , and confirmed by Mr. Widdrington l l In the Adjoynder to the second part of his Confutation of M. Fitzherbert , per t●tum . against all the exceptions , which Mr. Fitzherbert hath taken against them , it may suffice for this present onely to have touched them thus briefly .

The fifth Clause explained .

16 IN the Fifth Clause , And I doe beleeve , &c. is not denied the Popes power to absolve from all Oaths , or any part thereof , because there is not the same reason of this Oath , as there is of many other Oathes , which doe not concerne a third person , from which that the Pope hath power to absolve , or to dispense in them , no Catholike will deny . Neither is there in this Clause any other thing immediately sworne , than that I doe beleeve , that is , not with divine and supernaturall beleefe , but only with morall credulity , and humane perswasion , and in conscience am resolved , that neither the Pope , nor any other person hath power to absolve me from this Oath , or any part therof , that is , can give mee leave and licence not to performe those three things , which in the Third Clause I promised to performe . For , according to the doctrine of all m m See S. Thom. 2 ● 2 ● q. 89 ar. 7. & 9 Cajec . ibid. Aragona art. 3.7 . & 9. Silvester verbo juramentum , 1. qu. 2 & juramentum 5 q 2. Sotus lib 8. de Iustitia , art. 9. Vatentia , tom. 3. disp. 6. quest. 7. punc . 4. Sayrus lib. 5. Thesauri , cap. 2. Divines , Absolution , and Dispensation , hath not place in assertory Oaths , wherein some thing is affirmed , or denied , which , as soone as it is spoken , is immutably , and indispensably true , or false , but only in promissorie Oaths , wherein something is promised to be done , or omitted . And to performe those three things , although I had made no Oath , or promise to performe them , I am bound by the absolute Law of GOD , and Nature n n See above , num. 10. , from which neither the Pope , nor any other Person hath power to absolve , or to dispense therein .

The sixth Clause explained .

17 IN the Sixth Clause , Which I acknowledge , &c. there is no other thing immediately sworne , than my acknowledgement , that this Oath is lawfully ministred unto me by good , and full authority , which doubtlesse I may lawfully acknowledge , and also sweare , supposing it to be an Oath of true temporall Allegiance , and no falshood , injustice , or deniall of any true , spirituall obedience due to the Popes Holinesse to be contained therein . Neither doe the King , and Parliament take upon them in this Oath ( as some doe ill inferre ) the Churches authority to define matters of faith , as what doctrine is hereticall , and what Oath is lawfully ministred by good , and full authoritie : But only with the inward judgement of their understanding , ( which , to distinguish from judgement of authoritie , or of a Iudge doing justice , is usually called judgement of discretion , and is nothing else than a right determining , o o S. Thom. 1a. 2ae . q. 93. ar. 2. & 2a. 2ae . qu. 60 art. 1. Bannes , Aragona , ec Salon , ibid. Sotus lib. 3. de Iustitia , q. 4. ar. 1. Hurtadus dist 7. de anima , sect. 2. paragr. 9. or discerning of the understanding betwixt truth , and falshood , good and evill in every matter either speculative , or practicall ) they did determine , define , judge , and suppose the whole Oath , and every part thereof to be lawfull , and to containe no falshood , or injustice , but only a sincere profession of true temporall Allegiance , and that a temporal Prince hath good , and ful temporal authority to command the abjuring of any false , and hereticall doctrine , if it be repugnant to this Allegiance , and thought necessary to the publike quiet of the Kingdome , whereof the Prince hath charge , and to forbid , and punish with temporall punishments , spirituall actions , as ministring of Sacraments in a poisoned matter , the publike maintaining of Heresies ; yea , of unnecessary opinions , though they be probable in speculation , if they be occasion of Tumults , not as they are spirituall actions , but as they disturbe the publike temporall peace , and in regard of the temporall wrong done to the Common-wealth , they become temporall injuries . And upon this their inward judgement of discretion , and determining of their understanding , which is agreeable to the grounds of Catholike Religion , p p See ●ellar . lib 5. de Rom. Pont cap. 7 . 1● quinta ratione loan . Paris . de potest . Reg & Pag. cap. 2●●d 37 S●tus . ●n 4 dist. 29. q. 1. ar. 4. Victoria Relict . 1. de po●est . Eccle. sec. 7. paragr. oct●●● propositio . Pannes 2 a. 2 ae . q. 11 at . 4. q 1. in fine , Aragon . ibid. they thought it requisite for the publike peace of the Kingdom , for maintaining the Kings temporal Soveraignty , and to prevent the danger of future Conspiracies like to that of the Powder-Treason , to ordaine this new Oath of Allegiance , and to binde all the Subjects of the Realme under the penalty of a Praemunire to take the same , which doubtlesse , as I said , the King , and State have good , and full authority to doe , supposing it to be an Oath of true temporall Allegiance , and no falshood , or injustice to be contained therein . Neither doe those words [ and do renounce all Pardons &c. ] imply a renouncing of all Pardons , and Dispensations in generall , but onely of such , which shall dispense with me , or give me leave to doe contrary to that which I promised in the Third Clause , to beare faith , and true Allegiance to his Majestie &c.

The seventh Clause explained .

18 THe plaine meaning of the Seventh Clause , And all these things &c. is , that I must use no fraude , or guile , but plainly , and sincerely acknowledge all the former things , and also sweare them all , either immediately , or mediatly , according as the expresse words of every Clause , and the plaine , and common sense , and understanding of the same words shall import , without any equivocation , mentall evasion , or secret reservation whatsoever ; that is , I must neither equivocate , or use equivocation , which is to speake equivocall words , or which have diverse significations , not in that sense , wherein the hearer , or Law-maker doth , or ought in reason to understand them : nor use mentall , or secret reservation , that is to reserve in my minde some hidden , and inward sense , which the outward words by me spoken , according to their imposition , and the common understanding of them , all circumstances considered , cannot signifie to others . As if one being demanded , whether he ever heard Peter speake such words , should answer . that he never heard him speake such words , reserving in his minde , in the Tower of London , or the like : which inward , secret , and reserved sense those outward words , cannot signifie to others . And therefore this mentall reservation ( howsoever the speaker in his minde , which is unknowne to others , intendeth to make a Chimericall mixture , and union of the reserved sense , and the outward words ) is nothing else then a flat , and formall Lie , as to Lie is taken , and defined by Saint Austin , and other Divines . S. Aug. lib 1. de Meadacio cap. 3 S. Th●m 2 a 2 e. q 110 See S. Austine beneath ▪ nu. ●3 So that know , whether I am bound to sweare immediately every thing contained in any clause , or onely my sincere acknowledgement , declaration , beleefe , or resolution of that thing , I must regard the expresse words of every Clause , and in what manner they binde me , either to sweare the thing immediately , or onely my sincere acknowledgement &c. thereof .

The eight Clause explained .

19 THe last Clause , And I doe make &c. hath in it no difficulty , supposing the Oath to be lawfull , and commanded by good and full authority : for that every good Subject is bound to obey the constitutive precept of his lawfull Superiour in that manner as I will shew beneath , q q num. 26. heartily , willingly , and truely , that is unfaignedly , not onely for wroth , or feare of punishment , as the wicked doe , but for conscience , obedience , and vertue r r See Vasquez 1 a 2 ae . disp. 51. cap 3. & disp 73. cap. 7. & disp. 86. cap. 5. sake .

Five generall observations for the better understanding , how all the chiefe objections , which are usually made against the Oath in generall , may bee easily answered .

20 HAving explained all the clauses of the Oath in that briefe , and perspicuous manner as you have seene , whereby any prudent man may easily answere all the chiefe objections , which are commonly made against any Clause thereof in particular , I thinke it not amisse to annexe hereunto five generall observations concerning doubtfull words , Perjuries , the Popes Breves , Scandall , and the safer way , whereby all the principall arguments , which are usually urged against the Oath in generall , may also according to the grounds of Catholike Religion be clearely confuted . For against the Oath in generall it is commonly objected , First , that there are contained in the Oath diverse ambiguous , and doubtfull sentences , which may have a double signification , good and bad , true and false , which therefore being so doubtfull cannot bee absolutely sworne without danger of Perjury 2. That the Popes Holinesse our supreme spirituall Pastour ; whose voice we are bound to heare , and follow , hath by his Breves forbidden the Oath , as containing many things flat contrary to faith , and salvation . 3. That to take the Oath is no small scandall to the weaker sort of Catholikes , which our Saviour in the Gospell f f Matth. 18. with a fearefull curse , and woe be to that man by whom scandall commeth , commandeth us to avoid . Lastly , that to refuse the Oath is the more safe , and the more probable opinion , which every man in those things , which are dangerous to the health of the body , much more of the soule , ought in wisedome to preferre before that , which is the lesse safe , and the lesse probable .

The first Observation .

21 FIrst therefore concerning doubtfull words it is to be observed , that in penall lawes ( as is this for taking the Oath commanded by Act of Parlament under the penalty of a Praemunire ) all doubtfull words , which have diverse significations not improper , nor unusuall , are alwaies to be taken in the more favourable sense , and which may make the law to be just , and reasonable , and not to be drawne to a false , odious , and inconvenient sense , and which maketh the law to be unjust . And this is the common Doctrine of Divines , and Lawyers , and agreeable both to the Canonicall , t t can . Cum tu de testibus c. 16 can . Ad nostram de Iureiurando cap. 21 & de Regulis Iuris in Sexio . reg. 49 In. paenis . and Civill law . For lawes are to be expounded more favourably ( saith the civill law u u leg . Benigai●s , ff. de legibus . ) that the will , or meaning of them may be conserved . And in a doubtfull , or ambiguous word of the law , that sense is rather to be chosen , x x leg . In Ambigua , ff. de legibus . which is void of all default , especially seeing that the will also , or meaning of the law may hereby be gathered .

22 Yea , which is more , according to Suarez , if at any time the property of the words should induce any injustice , or like absurdity concerning the minde , or meaning of the Law-maker , Quarez lib. 6. de legibus cap. 1 they must be drawne to a sense also improper , wherein the law may be just , and reasonable , for this is presumed to be the minde of the Law-maker , as it hath been declared by many lawes in ff. tit . de Legibus . Thus Suarez . Wherby it is evident , that what words soever in this Oath may be doubtfull , and have diverse significations , especially not improper , nor unusuall , as I acknowledge before God , I beleeve , Successours , Treasons , as hereticall , or murthered , or any other whatsoever , we ought to expound them in the more favourable sense , and which may make the Oath , and the meaning of the Law-maker to be just , and reasonable , and not to draw , much lesse to wrest them to a false , odious , and inconvenient sense , and wherein we will needs make the Oath to be in our judgement unreasonable , and wicked .

The second Observation .

23 SEcondly concerning Perjurie it is to be observed that Perjurie speaking properly ( for sometimes it is taken for every unlawful , and idle swearing , although it want not verity , the first , and chiefe companion of an Oath ) is defined by Divines , y y Magister in 3. dist. 29. S. Thom. 2 a. 2 ae . q. 98. ar. 1. & Theologi ibid. to be a Lie confirmed by Oath . And therefore as a Lie is divided into a materiall Lie , when one speaketh as he reasonably thinketh , and yet in very deede it is otherwise , and into a formall Lie , when one affirmeth that to be true , which he thinketh to be false , or contrary wise , for to Lie ( saith Saint Austin ) is to speake against the minde , S. Aug. lib. 1. de Mendacio c. 3. or to have one thing in the minde , and to affirme an other by words , or any other signes ; So Periurie is divided into matertall , and formall Periurie , for that Periurie is nothing else then a Lie confirmed by Oath , and onely addeth to a Lie the calling of God to witnesse of what is spoken . Wherefore as it is unlawfull for one to affirme that to be true , which he knoweth to be false , or contrariwise , for this were expresly , and formally to Lie , or to affirme that to be true , whereof he is ignorant , or doubtfull , for this were to expose himselfe to danger of being forsworne , and he that loveth danger shall perish therein , z z Eccles. 3. So also it is much more unlawfull to confirme the same by Oath , whereby he maketh God , who is Truth it selfe , either the Patron of a Lie , or to be ignorant of the truth . So that whatsoever may bee affirmed , or denyed without danger of Lying , may also bee sworne without danger of Periurie , And as the falshood , which maketh a formall Lie , is not to bee taken from the thing as it is in it selfe , or à parte rei , but as it is in the minde of the speaker , for that to Lie is to speake against the minde , so the falshood , which maketh formall Periurie , is not to bee taken from the thing as it is in it selfe , or ex parte rei , but as it is against the minde , and knowledge of the swearer .

24 Wherefore in all Oathes , as well promissorie , as assertorie , to avoid the sinne of Periurie , Truth is alwaies required . In a promissorie two fold truth is necessarie , One for the present , that the words outwardly spoken bee agreeable to the mind , and that therefore the swearer have for the present a minde , or purpose to performe what he promiseth ; the other for the future , that he verily thinke , the thing which he promiseth he is able , and may lawfully perform , and that for as much as lieth in him , at the time appointed he performe the same . But the truth , which is required to an assertorie Oath , consisteth in this ( saith Gregorius de Valentia , and Sayrus ) that the thing be true , Valentia tom. 3. disp. 6. q. 7 pu●c . 3. Sayrus lib. 1 Thesauri cap. 4. num. 7. Azor. tom . 1. Iustitut lib. 11. cap. 2. q. 5. Sauchiz lib. 3. in D●calogum cap. 4. num. 10. at least wise according to the reasonable judgement of the swearer . And to the truth of an assertory Oath ( saith Azorius , and Sauchiz ) it is required , and sufficeth , that the swearer thinke it to be so prudently , and not moved by light , or slender , but by assured , and likely or probable conjecture , and therefore according to the swearers judgment agreeable to reason , whether the thing be in very deede , or ex parte rei , true , or false , for this ( saith Sauchiz ) is to be morally certaine . The like hath Silvester , Sotus , Arag . and Suarez . Silv. verbo Perjurium q. 1. Sot. l. 8 de Iustitia q. 2. ar. 3. Aragona 2 a. 2 ae . q. 89. ar. 3. Suar. tom 2. de Relig. l. 3.3 . c. 5. And if morall certainty , or reasonable assurance were not sufficient to excuse from Perjurie , no man could lawfully sweare , or acknowledge by Oath , any King whatsoever , to be a true and lawful King , or any Bishop whatsoever to be a true , and lawfull Bishop , because of these , and all such like , we can have but moral certaintie , or reasonable assurance .

25 And by this it is evident , that albeit there may bee brought some probable arguments to shew , that diverse words , and sentences contained in the Oath , being considered barely by themselves , and without due circumstances , may be doubtfull , and ambiguous , that is , not cleare , and morally certaine , and so for one to sweare them in that doubtfull sense , were to expose himselfe to danger of perjury , yet considering , as I shewed above a a num. 21.22 . , such doubtfull words are to be taken in the more favourable sense , and which maketh the Law to be just and reasonable , and to containe no falshood , or injustice , all danger of Perjury is avoided thereby . For albeit there be danger of Perjury to sweare doubtfull words in a doubtful sense , yet to sweare words which of themselves are doubtfull in a true , and determinate sense , and wherein they are not doubtfull , but cleare , and morally certaine , there is no danger of Perjury .

The third Observation .

26 THirdly , Hugolin . par. 2. de Censuris , c. 6. in prins . concerning the Popes Breves , which ( as Hugolinus noteth ) are nothing else , than the Popes letters made by his Secretaries , and sealed by the Pope in red wax with the Fishers Ring , and have the same force , which have the Popes Rescripts , or his Letters written in answer to other letters , and are therefore called Breves , Rebussius in praxi benefic . part. 3. nu. 4. Archidiaconus , & Geminianus in cap. Quis ●esciat . dist. 11. because they are written briefly , and in few words : whe reas the Popes Buls are so called ( as Petrus Rebaffius , and others observe ) for that they are signed with a round tablet of lead , wherein the pictures of Saint Peter , and Saint Paul are engraven . Wee must observe first of all the difference betwixt a declarative , and a constitutive Law , or precept . For a constitutive precept doth make the thing which it forbiddeth , to be unlawfull , which otherwise would bee lawfull , as is the precept to abstaine from flesh in time of Lent , and from servile workes upon Sundayes , and commanded Holy-dayes : And this precept especially Ecclesiasticall , abstracting from scandall , and contempt , which are forbidden by the Law of GOD , and Nature , doth seldome , or never binde with danger b b See Salas disp. 11. de leg . sect. 11. of death , or any other great corporall , or temporall harme ; and moreover it must be obeyed so long as it is not manifestly unjust c c Vasq . tom 2. in Iam. 2ae disp. 151. c. 4. in fin . Suar tom. 5. i● 3. part . disp. 4 sect. 6. nu. 5. & lib. 1. de leg . c. 9. nu. 9. Valentia tom. 3. punc. 2 Sayrus lib. 1. Thesauri , c. 12. Salas disp. 10. de leg sect. 2. , nor in prejudice of a third person d d See Beneath num 31. , neither is it sufficient , that it have onely a probable shew of injustice . For , as Doctor Kellison e e In his Treatise of the ●●●late and Priace &c cap. 15 〈◊〉 . 74 well inferreth from Vasquez f f Vasqu. 1a. 2ae disp 62. nu. 3● doctrine ( although he doth not wel apply it to the Popes declarative Breves ) every Subject is bound to obey his lawfull Superiours commandement , to wit , constitutive , when he commandeth according to a probable opinion , though he command a thing , which is against the Subjects opinion , and that also probable , because the Subject may follow any mans probable opinion , and consequently his Superiours , that also being probable , and if he may , he must , because his Superiour commandeth . And the reason is , because all the obligation of this precept dependeth chiefly upon the will and authority of the Superiour , who is in possession of his authority , so long as it is not doubtfull , or questionable , and the thing commanded be not manifestly unjust , nor in prejudice of a third person , who also is in possession of his good name , and goods , which cannot be justly taken from him under pretence of a meere probable authority , right , or title .

27 But a declarative precept doth not make , but only declare , and suppose the thing which it forbiddeth , to be otherwise unlawfull , as being forbidden by some former law , as are the lawes of Princes made against Theft , murder , drunkennesse , or the like , which are otherwise forbidden by the Law of GOD , and Nature . And all the obligation of this precept , Suarez lib. 3. de leg . cap. 14. & cap. 20. nu. 10. as Suarez well observeth , doth depend upon the reason , and supposition , for which this declarative precept is imposed , and upon the obligation of the former Law , which this precept doth suppose , and declare . So that if the reason , and supposition , for which this declarative precept is imposed , be not true , and that there be no such precedent law , or prohibition , which the declarative precept doth suppose , and declare , the declarative precept hath no force to binde at all . And if the precept be sometimes mixt , that is , in part declarative , and in part constitutive , it must in part , as it is such , participate the nature , and conditions of them both .

28 Secondly , we must observe , that the Popes Breves , forbidding English Catholikes to take the Oath , doe not constitute a new law , or make the Oath to bee unlawfull , but they doe onely suppose , and declare it to be otherwise unlawfull , and forbidden by the Law of GOD , for that it containeth many things ( say the Breves ) which are clearely repugnant to faith , and salvation . And because these his declarative . Breves are grounded upon false reasons , and suppositions , to wit , upon the Popes opinion , and of some other his Divines , especially Cardinall Bellarmine , that either his power to excommunicate , to binde , and loose in generall , to absolve from Oaths in generall , is plainly denied in the Oath , which is manifestly false , or else that his power to depose Princes , which is plainly denied in the Oath , is most certaine , and of faith , nor disproved by many learned Catholikes , which all the World now seeth to be no lesse clearely untrue , it is evident , according to Suarez doctrine , and manifest reason , that English Catholikes are not bound to observe them . Wherefore unlesse one at least-wise , I doe not say probable argument ( for this is not sufficient to demonstrate a matter of faith , and the Oath to be plainly repugnant to faith , and salvation ) but cleare , and convincing can be brought , which no man hath hitherto , nor can in my judgement produce to prove some one thing in the Oath to be contrary to faith , or salvation , that English Catholikes are bound to obey the said declarative Breves , being grounded upon false reasons , and suppositions , no man of any learning , or judgement can sincerely , and from his heart affirme .

29 To say , that the Pope hath by his Breves defined ex Cathedra the Oath to be unlawfull , and to containe many things flat contrary to faith , and salvation , is not only most clearely untrue , but also to little purpose though it were true : first , for that they want those conditions , which according to Canus , Canus lib. 5. de locis , ca. 5. q. 4. Bellar. lib. 4. de Rom. Pont. c. 4. & 5. & lib. 2. de Concil. c. 12. Cardinall Bellarmine , and other Divines ( who hold that the Pope hath authority to define infallibly matters of faith without a Generall Councell ) are required to a definition ex Cathedra , among which this is one , that they must be directed to the whole Church , and not onely to some particular Churches , or Kingdomes ; for which cause they are well called by Ioannes Eudeamon a learned Iesuite , Ioan. Eudaemon in Praefat. Parallelli Torti . the Popes private Letters to the English Catholikes , and besides it were a strange definition ex Cathedra , wherein no one particular proposition among so many is expressed : Secondly , for that although they did containe a definition ex Cathedra , yet considering that it is a very probable doctrine , it being approved by so many excellent Divines g g Patres Concilii Constantiensis , & Basil . Had●ionus Papa in q. de confirm . Card. Camerac in Tract . de authorie Ecclesiae . Card. Cusanus , lib. 2. deconcord . Cath. cap. ult. Card. Florent . in cap. Significasti de elect . Card. Pa orm . ibid. Abulenisis in c. 18. Matth q. 108 & in Defensorio , part. 2. cap. 69. Ioan. Paris . Gerson , Major , Almainus , & Doctores Parisienses communiter . Victoria in Rolect . de potest . Papae proposi● . 3a. Navar in c. Novit de Iudiciis notab. 3. num 84. who hold this opinion to bee probable . , and Canonists , that the Keyes were given principally to the Church , and to Saint Peter , as he represented the Church , and that the Pope cannot define any thing to be of faith certainly , and undoubtedly without a Generall Councell , to which according to these Doctors he is subject , and not superiour , and consequently sequently that his definitions can be no infallible , and undoubted ground of Catholike faith , it clearely followeth , that no Catholike is bound to give more credit to his definition in this point , that to his doctrine , and opinion , which is not certaine , but only probable . And therefore whensoever the Pope defineth any doctrine to be of faith , which indeed is Catholike doctrine , and of faith , we must not beleeve with Catholike faith that doctrine to be Catholike , and of faith , because the Pope hath defined it ( for so wee should build our faith upon a reason and ground , which is not certaine to all learned Catholikes , but uncertaine , and fallible ) but because the Catholike Church , which is the pillar , and ground of truth h h 1 Tim. 3. Sotus de secret● tegendo memb. 3. q. 2. in Resp. ad 1 m. hath by expresse , or tacite consent approved , and accepted it for such .

30 Moreover , as Dominicus Sotus doth well observe ( whose doctrine in this point is agreeable to the Canon law , and the Expositours thereof ) Prelates , and Iudges are not in possession in respect of their Subjects , but so far forth as they command things that are just , and therefore when it is doubtfull , whether they command that which is just , then if it be inprejudice of a third person , because that third person is also in possession of his good name , and goods , the Subject doth nothing against obedience , if he require of his Prelate a reason of his commandement , propounding humbly the reasons of his doubt . Wherefore Pope Alexander the third in his Letters , or Breves the Archbishop of Ravenna , giveth him this lesson , i i In c. Si quando de Rescriptis . that considering deligently the quality of the businesse , he either reverently fulfill his commandement , or by his letters pretend a reasonable cause , why he cannot fulfill it . Whereupon all the Expositours of the Canon Law , who expound this Canon , doe give this generall rule , k k Glossa Ioannes Andreas , Panomitan . Petrus Anchoranus , Felinus , and others . that the Superiours commandement ought either to be fulfilled , or a reason yeelded , why it is not fulfilled .

13 Seeing therfore that English Catholikes , as it is well knowne and publike to the whole world , have most humbly propounded , and yeelded to His Holinesse the reasons , for which they are doubtfull , or rather without any doubt are fully perswaded , that his declarative Breves forbidding them to take the Oath , are unjust , and grounded upon false reasons , and suppositions , and also prejudiciall to themselves , and to the Kings Majestie , it is evident , that with such manifest danger of their owne spirituall , and temporall ruine , and so great prejudice to the Kings supreme authority in temporalls , they are not bound to obey them against their Princes commandement , especially seeing that his commandement to take the Oath , going before the Popes commandement to refuse it , must , as I said above , l l num. 26. be obeied , so long as no one Clause of the Oath can be cleerely convinced to be unlawfull . And although no inferiour may examine , and judge his Superiours commandment with judgement of authority , which supposeth a Superiority over the person , whose actions are examined , and judged , yet that with judgement of discretion , which is the inward guide , and rule of every mans conscience , every Subject may examine , and judge his Superiours commandements , and consequently the Popes Breves whether they be just , or unjust , constitutive , or declarative , in prejudice of a third person , or not in prejudice , and upon what reasons , and suppositions they are grounded , no man that hath any judgement can deny .

The fourth Observation .

32 FOurthly concerning Scandall it is to be observed , that there are two sorts of Scandall , the one is called active , or given , the other , passive , taken , or received , and they are signified in the holy Scriptures by the Verbes active , and passive , to scandalize , m m Mat. 15 17 , 18. and to be scandalized . n n Mat. 11.15 , 24. Active scandall is defined by Divines o o S. Thom. 21.2 . e. q. 43. ar. 1. S. Hierom in c. 15. Matth. out of Saint Hierome , to be a word , or deed lesse right , or lesse good , giving occasion to another of spirituall ruine , or falling into sinne . Neither doe they take the Adverbe [ lesse ] comparatively , but negatively , p p S. Thom. above cited . Abulensis in c. 18. Mat. 9.43 . for that which is not good , to wit , which hîc & nunc in regard of some particular circumstance of time , place , or persons wanteth some morall rectitude , or goodnesse . Passive scandall , to wit , when one by the good , or bad word , or deede of an other taketh occasion to sinne , or to be scandalized , is also of two sorts . For if one be scandalized through malice , it is called a Scandall of the Pharisees , and is not to be regarded , according to that of our Saviour , q q Matth. 15. Let them alone , Blind they are &c. But if one be scandalized through infirmity , or ignorance , it is called a Scandall of the weake , or little ones , S. Hierom in c. 15. Matth. for the perfect , as Saint Hierome saith , are not scandalized .

33 From whence the Divines with S. Thomas doe inferre , first that sometimes passive scandall may be without active , as it was in the scandall of the Pharisees , or when one by the good word , or deed of another , especially which is necessarie , and commanded , is scandalized , and taketh occasion to sinne thereby . Sometimes active scandall may bee without passive , as when one by his bad word or deed , and ill example doth scandalize , and giveth occasion to others of falling into sinne , and yet none is scandalized , or taketh occasion to sinne thereby . And sometimes they may bee both together , as when one by his bad example giveth , and another taketh occasion to sinne thereby . Secondly , they inferre , that no good workes , which are necessary , as is the observing of precepts , can give occasion of sinning to any man , or , which is all one , can scandalize , or be an active scandall ; neither are such good workes to be omitted to avoid the passive scandall even of the weake ones , as that most learned , and holy Bishop Alponsus Tostatus , for his admirable memorie , and singular learning called the wonder of the world , r r See Bellarm. de Script . Eccles. and Possevin . in verbo Alphons . Tostatus . doth well observe , whose expresse words I thinke it not amisse heere to set downe .

34 For to omit ( saith he ) s s Abulensis in cap. 18. Matth. q. 51. such workes , which are of necessity , and commanded , were to sinne mortally , and for no cause ought any man to sinne mortally . But if they be Counsels , it is not of necessity to doe them . Yet sometimes Counsels are made necessary , either in regard of the persons as of those , who have vowed the state of perfection , or of those , to whom by their state perfection belongeth , or in regard of time , or place are also necessary for every man , as to give alms to him who is in extreme necessity . And so counsels are made to them precepts , to wit , that they are not to be omitted for any Scandal , as a religions man may not omit the observing of poverty , and chastity for any scandall . But when Counsels remaine in the nature of Counsels , that is , when the observing of them is not necessarie , then the scandall , which ariseth to some by this , that others observe these Counsels , either proceedeth from malice , and then it is a scandall of the Pharisees , which is to be contemned , neither is any spirituall good even not necessarie , to be omitted for this scandall . Or it proceedeth from infirmity or ignorance , and is called a scandall of the weake ones according to Saint Bernard , because it belongeth to weake ones to be ignorant , and moved through weakenesse , of which scandall it is said Matth. 17. But that we may not scandalize them , goe to the Sea &c. And for this scandall , we must refraine for a time from the workes of Counsels , or we must doe them secretly , least the ignorant , whose mind is weake , be troubled , and this must be done untill having yeelded a reason of the workes of Counsels , and shewed that they are good , the scandall ceaseth , which proceeded from ignorance . But if after a reason be yeeled , the scandall shall not cease , it is not to be called a scandall proceeding from ignorance , but from malice , and to be contemned , neither ought we to refraine from any good actions to avoid this scandall . Thus Abulensis .

35 The like hath Salmeron , and Estius : but Salmeron moreover addeth , Salmeron tom . v. trac . 29. that if the Doctrine , or action , which scandalizeth , be not necessary , but very profitable , and commodious , we must yeeld something to the weakenesse of the little ones . But if the great ones [ such as are Priests , and Teachers ] take this scandall , and the Doctrine , or action be profitable , they are not to be regarded , for they are incurable , because they are blinde , that is , they will not see , and understand , what God inspireth in them &c. And he that is weake ( saith Estius ) may be sufficiently instructed , Estius in cap. 8. ad cor. 1. ver. 13 and taught , that his brother doth well , and that he ought not to be offended by his fact . After which sufficient , and full instruction , if he still persevere in scandall , it will not be a scandall given , but received , because it will not now proceed from weaknesse , but from malice , as was the scandall of the Pharisees , which as our Saviour in the Gospell teacheth , we ought not to regard .

36 And by this it is apparant , that to take the Oath , supposing it to be lawfull , and commanded by lawfull authority under great penalties , can be no scandall to any man , seeing that the observing of lawfull precepts cannot give either to great ones , or to little ones any occasion of spirituall ruine ; neither ought we for any scandall even of the weake ones , omit the observing of such precepts . But rather to refuse the Oath , and to maintaine the lawfull practise of the Popes power to depose Princes , which is the maine point denied therein , is very scandalous , and giveth over ample occasion both to Princes , and Subjects of manifold offence , and ruine , as I will shew beneath . t t num. 44. And therefore all those who pretend the taking of the Oath to be scandalous , doe suppose , but not sufficiently prove ( neither also doe they agree in their proofes ) that it is altogether unlawfull , nor can be taken without danger at the least of Perjurie , if not without a flat deniall of Catholike faith , which how untrue it is , I have shewed above by expounding every Clause thereof in a true , and Catholike sense .

37 Neither is it to the purpose , that many probable arguments may be brought to prove , the Oath to be unlawfull , and consequently to have in it a probable shew , and appearance of evill , from which the Apostle for the avoiding of scandall warneth us to refraine , from all shew of evill ( saith he u u 1 Thess. 5. ) refraine your selves . For in like manner many probable arguments , and answeres may be brought to prove the Oath to be lawfull , and to containe nothing besides a profession of true temporall Allegiance , and so from these words of S. Paul unlesse they bee rightly understood , wee might infer , first that we must refraine both from taking , and also from not taking the Oath , which is impossible , because as in taking it there is a probable shew of spirituall disobedience against the Popes Holinesse , so in not taking it there is a more probable shew of temporall disloyalty against the Kings Majestie , who hath purposely commanded the taking thereof , to make a triall , how his Subjects stand affected towards him in point of their loyalty , and due obedience &c. x x See above nu. 3. and secondly that no man may lawfully follow the more probable opinion against the lesse probable , Vasquez 1a. 2ae disp. 62. if the more probable be the lesse secure ( which as Vasquez affirmeth , is against the common Doctrine of Divines ) seeing that in the more probable opinion , if it be the lesse secure , there is a probable shew of evill . Yea , which is more , Vasquez . ibid. cap 4. num. 4. it is now ( saith Vasquez ) and hath been long since the common opinion in Schooles , that it is lawfull for a learned man to follow in practise against his owne opinion which he judgeth to be the more probable , the opinion of others , although their opinion be the lesse safe , and also in his judgement the lesse probable , so that it be not destitute of reason , and probability .

38 Wherefore the words of the Apostle may be well understood any one of these three waies ; First , that to avoid scandall , we must refraine from all shew of evill , if in refraining there bee also no shew of evill , otherwise they would bind us to that which is impossible , for to refraine , and not to refraine from the same thing implieth a contradiction . Or secondly , that to avoid scandall we must refraine from all shew of evill , unlesse that thing which hath in it a shew of evill , be commanded by the constitutive precept of a lawfull Superiour , which as I shewed above , y y num. ●6 30. must be obeyed , so long as it is not manifestly unjust , nor in prejudice of a third person , neither is it sufficient , that it hath onely a probable shew of evill . Or thirdly , that to avoid the scandall of the weake ones , we must refraine from all shew of evill , untill they be instructed , and admonished , that although it seeme to them to be evill , and hath a shew of evill , yet in very deed it is not evill , but good . After which instruction , and admonition , if they still persist in their scandall , it is not a scandall of the little ones , but of the Pharisees , and the great ones , neither doth it proceed from infirmity , or ignorance , but from malice , and is not to be regarded .

The fift and last Observation .

39 FIftly , and lastly , to know which is the safer , and the lesse safe way , part , or opinion , and how it is distinguished from the more , or lesse probable and in what sense that vulgar saying , The safer way is to be chosen , is to be understood , we must observe first of all , that the safer , and the lesse safe , may either be taken comparatively , as the more , and lesse probable are alwaies so taken , and so the lesse safe is ever safe , although not so safe , as is the other to which it is compared , as every Nowne comparative being taken comparatively , doth alwaies include the positive . And in this sense that vulgar saying is not to be understood , because it is sufficient to follow that which is safe , neither are we bound to choose alwaies the safer , so that the lesse safe be safe enough : Or else it may be taken negatively , for that which is not safe , as the Adverbe [ lesse ] was taken above z z num. 32. in the definition of Scandall , and in this sense the lesse safe way , part , or opinion is never to bee chosen , but wee must alwaies choose that , which is at the least wise safe . But to know how the Divines doe commonly take the safer , and the lesse safe , and do distinguish them from the more , and lesse probable , I thinke it not amisse , to relate here verbatim what Vasquez write●h of this point .

40 Among opinions ( saith he a a Vasquez 1 a. 2 ae . disp 62. c. 1 num. 1. ) the one is safer , the other lesse safe , it is called the more safe , not because it is the more probable , but because he that followeth it cannot sinne . As if there be two contrarie opinions concerning restitution , that which saith that some thing is to bee restored , is called the safer , because in restoring there can be no sin , and the contrary is the lesse safe , because in not restoring there may be sin , and so of other matters . In like manner the more safe part ( saith Vasquez ) is to be accounted that , Vasquez 1a. 2ae . disp. 66. cap. 4. num. 21. wherein there would be the lesser sin than in the contrary , when it is necessary to choose one of those two , wherein there is sin . For when soever two evils meet so together , that it is necessary to chuse one of them , that doubtlesse is to be chosen , which otherwise would be the lesser , and consequently in choosing that there can be no sinne at all . And the reason is manifest ; for seeing that in no case it must be granted , that any man of necessitie bee so perplexed , but that he may chuse the one part without any sin , and that if of two evills the one of necessity must be chosen , there is greater reason , that we should chuse the lesser , it followeth , that the lesser may be chosen without sin , and so that , which absolutely considered by it selfe would be evill , is then no sinne , when it occurreth with a greater evill . An example hereof Vasquez bringeth , and examineth at large of one , who after he is married , doubteth of some impediment , which annulleth the Marriage .

41 Moreover among opinions ( saith Vasquez ) one is the more probable , Vasquez disp. 62. cap 1. nu. 1. the other is lesse probable . The more probable is that , which hath the better grounds , and the lesse probable , which although it hath not better grounds , yet the grounds thereof want not sufficient probability . It may therefore fall out , that the lesse safe opinion be the more probable , that is , that part wherein perchance there may be sinne , to be the more probable , and contrariwise that part , wherein there can be no sinne , to be the lesse probable . As in the example of making restitution , that part which saith , that we ought not to restore , may be the more probable , and contrariwise that part which saith , that wee must restore , may have farre weaker grounds , yea , and sometimes it may have no probabilitie , or probable grounds at all . Thus Vasquez .

42 And from hence it may be easily gathered first , that the more , or lesse probable opinion ( which are taken here comparatively , and suppose both opinions to be truly probable ) may be grounded either upon intrinsecall principles b b See ●asquez disp. 62. &c. 3. nu. 10 ▪ , as are causes , effects , absurdities , or other like arguments , which shew the opinion to be in it selfe truer than the contrary , of which sort of principles , unlesse they be very cleare , and easie to be understood , onely the learned are able to judge , or upon extriasecall , and which the unlearned may easily understand , to wit , the authority of learned men , who are skilfull in that opinion which they approve , and that if perchance they be mistaken in the grounds of their opinion , and that their reasons be not true but false , their authority , and approving of that opinion cannot make it truly probable c c See Vasquez disp. 62. & cap. 4. paragr. Observandum temen maximè . to those , who see the manifest falshood of their principles , But how farre forth either the learned , or unlearned , who not considering the falshood of their reasons , and principles doe approve , and follow in practise their opinion , may be excused in conscience , I will not judge , but leave their conscience to themselves , and to the judgement of GOD , who onely searcheth the secrets of all mens hearts .

43 Secondly , that when Divines affirme , The safer part is alwayes to be chosen : by the safer they understand that , which is without sinne , or danger of sinne ; for to expose ones selfe to danger of sinning , is alwayes accounted a sin , according to that , Who loveth danger , shall perish therein d d Eccles. 3. : and by the lesse safe , they understand that which is not safe , because it cannot be chosen lawfully , and without danger of sinne , for safe is accounted that , which is without all danger . And in this sense every opinion , which is truly probable , is a safe opinion , because it may be followed lawfully , and therefore safely , that is , without sin , or danger of sinne . Thirdly , that this Maxime of the Canon Law e e Cap. Ad audientiam , &c. Significasti , 1. el 2. de homicidio ▪ & cap. Iuvenis de S● onsalibit● . In doubts the safer part is to bee chosen ; is not to be understood of doubts as doubtfull is taken sometimes for probable , uncertaine , or questionable , but of such doubts , which leave the understanding so perplexed , and in suspence , that it giveth no determinate , or probable assent to either part of the question , to wit , whether the thing which is doubted of , be true , or false , lawfull , or unlawful , for this is properly to be doubtfull . and neverthelesse how in these doubts the constitutive precept of a lawfull Superiour , and whose authoritie is not questionable , if it be not in prejudice of a third person , ought to be obeyed , and how the Subject , who so doubteth , whether the thing which is commanded be just , or unjust , may , notwithstanding this doubt , frame his conscience rightly to obey his Superiours commandement , Vasquez 1a. 2ae . disp. 65. & 65. Vasquez , and other Divines , who treat of a doubtfull conscience , as it is distinguished from a probable , doe at large declare .

44 Fourthly , that supposing first , that no one Clause of the Oath can be clearely convinced to be unlawfull ( for to heape up together never so many probable arguments against it were to no purpose ) and consequently that the King , and Parliament in framing , and commanding it , followed a probable opinion : secondly , that every Subject is bound to obey the constitutive precept of his lawfull Superiour , when hee commandeth according to a probable opinion ( for , as I said above e e num. 26.27 . , there is not the same reason of a declarative ) and thirdly , that the Popes Breves forbidding the Oath , are declarative , and grounded upon false reasons , and suppositions , it is not onely the safer way to take the Oath , than to refuse it , but also in refusing it there is no safety at all , if we duely consider the manifold dangers , and scandals , which do arise by refusing it , and by covertly approving the damnable practice of the Popes Power to depose Princes , which is the onely point denied therein , and for which it was purposely devised , and under great penalties so strictly commanded . All which dangers , and scandals , the most learned Sorbon Doctors in their censure of Santarellus doctrine ( which teacheth , that the Pope hath power to punish Kings , and Princes with temporall punishments , depose and deprive them of their Kingdomes for heresie , and to discharge their Subjects from their obedience , &c. ) doe fully , though briefly relate , by condemning the said doctrine , and the sequels thereof , as new , false , erroneous , contrary to the Word of GOD ; making the Pontificall Dignitie to be odious , opening the way to Schisme ; derogating from the supreme authority of Kings , which dependeth upon GOD alone ; hindering the conversion of Infidell , and hereticall Princes ; disturbing the publike peace , overthrowing Kingdomes , States , and Common-wealths ; withdrawing Subjects from their obedience and subjection , and stirring them up to factions , rebellions , seditions , and murthering of Princes . Given in the Sorbon the first , and reviewed the fourth of Aprill , f f See above , num. 7. 1626.

45 Lastly , that the example of one , who being dangerously sicke , ought in wisdome to choose that Physicke , which is the more safe , the more assured , and the more probable , is no fit example to perswade any man not to take the Oath : First , for that no man ought in wisdome for the cure of his bodie to seeke after the learnedst Physitians , and choose the most safe , and the most probable Physicke , whereby he shall consume his whole estate , and bring himselfe , his wife , and children to beggery ; but he ought in wisdome to content himselfe with such Physitians , and Physicke , which one , two , or three learned Physitians without seeking after the learnedst of all , shall with mature advise , and consultation thinke will cure his disease . Secondly , for that this example if it be applied to the Oath , and to the cure of the soule , supposeth first , that whosoever taketh the Oath , being commanded by the constitutive precept of his Soveraigne Prince , is in danger of his soule , although hee follow therein a probable opinion , which how untrue it is I have shewed above g g num. 26. . Secondly , that to follow a probable opinion against the more probable , is dangerous to ones soule , although by not following it hee shall incurre a Praemunire , which to affirme were certes rather a great folly , than wisdome , and a farre greater folly to go about to perswade any wise man to beleeve the same h h See above , num. 37. . And thirdly , that to refuse the Oath is the more safe , and the more probable opinion , because it is disproved by the Popes Holinesse , and the greater number of Catholike Divines , who follow his opinion ; whereas the approving , or disproving of the Pope , or other Doctors , cannot make their opinion to be the more probable , yea , or probable at all , and so not safe to those , who see their approving , or disproving to be grounded upon false reasons , and suppositions i i See above , num. 14. , as are the Popes declarative Breves forbidding the Oath , as I have shewed above k k num. 59. .

The Conclusion .

46 NOw to make an end , these five Observations , and the former Explications of the Oath ( which I have not invented of my selfe , but onely abstracted them out of those Authours , who have written of this Subject more exactly ) seeme to my understanding so cleare and convincing , that I have thought good to recommend them to the serious considerations of all English Roman Catholikes , those especially who have taken upon them the charge of soules , and in that regard are bound to instruct the unlearneder sort of people both men , and women in their dutie to God and Caesar , and to teach them truely , sincerely and without any inordinate respect of humane feare , or favour , what spirituall obedience they owe to the Popes Holinesse , and what temporall to the Kings Majestie , and have not perchance hitherto examined this great , and important controversie of the Oath , betwixt the Pope , and their Prince so diligently , and uprightly , as they might , and in regard of their Pastorall charge ought to have done ; to the end that they may clearely perceive , that those their Catholike brethren , who out of conscience , and obedience to their Soveraigne have taken the Oath , thinking it their dutie so to doe , and have thereby according to his commandement acknowledged that temporall Allegiance , which according to the grounds of Catholik Religion is due to our supreme temporall Prince , have no waies departed from the bond of that true spirituall obedience , which is due to our supreme spirituall Pastour . In all which if I have any way not wittingly , or willingly , I call God to witnesse , erred through ignorance , I most humbly submit my selfe to the iudgement , and Censure of the holy Catholike , Apostolike Roman Church , and would also have beene willing for peace , and obedience sake , to have lead captive , and blind-fold my will , contrary to my understanding , to the observing of his Holinesse Breves , if they had concerned a spirituall , and not a temporall matter , and also in his owne cause , to the great prejudice , and against the expresse commandement of our Soveraigne Prince , by challenging since the time of Pope Gregory the seventh ( A thing unheard of before that age ( saith Onuphrius ) in competent attributes ( as a learned Catholike calleth them l l See the Protestants Apologie for the Roman Church in the Preface sec. 20. ) of supreme authority , Onuphrius lib. 4 de varia creat . Rom. Pont. and principallity in temporalls over all the Christian Monarches of the world , to dispose of their Kingdomes , and Dominions at least wise indirectly or in order to spirituall good , with imminen danger of the spirituall and temporall ruine of all . English Catholikes , and manifest overthrow of the temporall Soveraigntie of the Kings Majestie , and of all other Soveraigne Princes , whom the ancient Fathers with uniforme consent , m m S. Ignatius in epist. ad Smyr . Irenaeus lib. 5. cap. 24. Tertul. in Apolog c 33. & ad S●●pulam Clem Alex lib 4 S●●om●●u● 〈…〉 ● 〈◊〉 l●●●●● 24 Did●●● 〈◊〉 in 〈…〉 G●●● 〈◊〉 Pat●●● in 〈◊〉 . 50. Optatus M●levit lib. 3. contra Parmenian . G●egor , N●● . in 〈◊〉 27. 〈◊〉 s●ipso . Ambros . in Apologia David , cap. 4. 〈◊〉 2 ●●●st . 7. & 〈◊〉 de ob●●●●●●dosii . Hieronymus epist 22. ad Eustechium , 〈◊〉 36. ad Rusticum . Chryst ●●m. 2 & 20 ad pop. Antioch . & ad Rom. 13. Aug de fide & epe . ib cap. 2. & in 〈◊〉 ●8 . conc. 31 & tract. 115. in Ioan. Cyril . Al●x lib 12 i● Ioan cap. 56. Greg ●●●g . lib. 2. epist. 61. Isid lib. 3. sent. cap. ● . ●e ●●rd . epist. 42. ad ●●chiep . Senon . Be●a , Euthym. Arnob. Cassiod . in illud Psal. 50. Tibi soli pecca●● . Theod. Theophyl . Occumen . ad Rom. 13. acknowledge to be supreme in temporals , and subject to the Temporall punishment of none but of GOD alone ; and that to deprive Princes of their temporall Kingdomes , Dominions , or Lives , for what cause , crime , or end soever temporall , or spirituall , directly , or indirectly they be deprived , is a temporall punishment ; I thinke no man that is ●●●●d with naturall reason can deny .

FINIS .