A
NEW-YEARES
GIFT
FOR
ENGLISH
CATHOLIKES
,
OR
A
Briefe
and
cleare
Explication
of
the
New
Oath
of
Allegiance
.
By
E.
I.
Student
in
Diuinitie
;
For
a
more
full
Instruction
,
and
appeasement
of
the
consciences
of
English
Catholikes
,
concerning
the
said
OATH
,
then
hath
beene
giuen
them
by
I.
E.
Student
in
Diuinitie
,
who
compiled
the
Treatise
of
the
PRELATE
and
the
PRINCE
.
1.
PET.
2.
Feare
God
,
Honour
the
King
.
christogram
I
H
S.
MATTH.
22.
Render
to
Caesar
the
things
that
are
Caesars
:
and
the
things
that
are
Gods
to
God
.
With
licence
of
Superiours
.
1620.
A
BRIEFE
SVMMARIE
of
what
is
contained
in
this
TREATISE
.
1.
FIrst
,
An
Admonition
to
English
Catholiks
,
to
examin
their
consciences
exactly
concerning
this
New
Oath
of
Allegiance
:
for
that
by
refusing
the
same
if
it
bee
lawfull
and
ministred
by
good
and
full
authoritie
,
(
as
this
Treatise
conuinceth
it
to
bee
)
they
hazard
not
only
their
temporall
estates
,
but
also
their
eternall
saluation
,
by
disobeying
and
resisting
lawfull
authoritie
,
and
the
ordinance
of
Almightie
God
.
2.
Secondly
,
are
set
downe
a
Copie
of
the
new
Oath
of
Allegiance
,
The
13.
Priests
Protestation
;
Mr.
Iohn
Colletons
Petition
wherein
hee
confirmeth
his
former
Protestation
:
and
the
Acknowledgement
of
Mr.
Thomas
Greene
,
(
a
Religious
Priest
of
the
order
of
Saint
Benedict
,
and
Professour
of
Diuinitie
)
concerning
his
opinion
of
the
said
Oath
of
Allegiance
,
with
certaine
notes
and
Obseruations
added
by
the
Authour
to
the
said
Protestation
,
&
Acknowledgement
.
3.
Thirdly
,
Certaine
generall
Obseruations
are
set
downe
,
to
know
first
,
the
nature
and
conditions
of
euery
lawfull
Oath
.
Secondly
,
what
rules
are
to
be
obserued
for
the
vnderstanding
and
interpreting
of
the
true
sense
and
meaning
of
any
ambiguous
word
or
sentence
contained
in
any
Law
,
and
consequently
in
this
Oath
of
Allegiance
established
by
a
Parliamentall
Law
.
Thirdly
,
what
was
the
intent
and
meaning
of
his
Maiestie
and
the
Parliament
,
in
framing
and
proposing
this
new
and
vnwonted
Oath
of
Allegiance
,
deuised
vpon
occasion
of
that
vnwonted
Barbarous
and
Deuillish
Conspiracie
of
the
Powder-Traytours
;
to
wit
,
not
to
make
a
distinction
,
betwixt
Protestants
&
Catholikes
,
but
between
Catholikes
&
Catholikes
,
in
point
of
their
loyaltie
and
ciuill
obedience
,
especially
concerning
the
Popes
authority
to
practise
the
deposition
of
Princes
,
which
was
the
ground
of
that
damnable
Powder-Treason
.
Fourthly
,
to
know
vpon
what
assured
grounds
the
Popes
authoritie
to
depose
Princes
,
or
to
practise
their
deposition
,
may
not
only
be
barely
denyed
,
but
also
abiured
as
damnable
;
impious
,
and
hereticall
:
to
wit
,
for
that
it
is
a
controuersie
among
learned
Catholikes
,
whether
the
Pope
hath
authoritie
to
depriue
Princes
or
no
:
and
consequently
,
that
it
is
open
iniustice
in
the
Pope
;
and
manifest
Treason
in
the
Subiect
to
attempt
the
dispossessing
of
any
Soueraigne
Prince
,
by
vertue
of
this
pretended
authoritie
and
clayme
,
so
long
as
this
Controuersie
remayneth
a
foot
,
and
is
not
decided
by
a
lawfull
Iudge
,
and
who
without
all
doubt
and
Controuersie
is
known
so
to
bee
.
Fiftly
,
page
64.
it
is
shewed
,
that
the
Pope
is
no
lawfull
Iudge
to
end
and
decide
this
Controuersie
concerning
his
own
pretended
authoritie
to
depriue
Soueraigne
Princes
;
for
that
it
is
a
Controuersie
among
Learned
Catholikes
,
and
approued
by
very
many
famous
Prelates
,
Cardinals
,
and
Doctours
cited
by
the
Authour
,
that
the
Pope
,
without
the
consent
and
approbation
of
a
lawfull
and
vndoubted
generall
Councell
,
hath
not
authoritie
to
decide
,
determine
,
or
define
any
doctrinal
question
at
all
,
and
much
lesse
in
his
owne
particular
cause
,
as
is
this
Controuersie
betwixt
Him
and
Christian
Princes
:
and
that
therefore
although
hee
should
take
vpon
him
to
decide
this
question
,
yet
the
Controuersie
would
still
remayne
a
foote
,
and
bee
vndecided
as
it
was
before
.
4.
Fourthly
,
In
the
first
eight
Chapters
it
is
cleerly
shewed
,
that
there
is
not
any
one
Clause
of
the
Oath
,
which
wanteth
either
Veritie
,
Iustice
,
or
Iudgement
:
and
that
therefore
English
Catholikes
not
only
may
lawfully
,
but
also
are
bound
in
conscience
to
take
it
,
when
they
are
vrged
thereunto
by
the
Magistrate
,
whom
the
Prince
and
State
hath
appointed
to
tender
the
same
:
otherwise
they
resist
lawfull
authoritie
,
and
the
Ordinance
of
God
,
which
whosoeuer
resist
purchase
to
themselues
damnation
.
Rom.
13.
5.
Fiftly
,
In
the
ninth
and
last
Chapter
are
cleerly
answered
the
Popes
declaratiue
Breues
,
forbidding
English
Catholikes
to
take
the
Oath
,
for
that
it
contayneth
many
things
,
which
are
manifestly
repugnant
to
faith
and
saluation
;
which
Breues
therefore
doe
not
make
,
but
only
suppose
the
Oath
to
bee
vnlawfull
,
as
contayning
in
it
some
manifest
falshood
or
iniustice
:
and
therefore
,
abstracting
from
the
Popes
Breues
,
some
particular
clause
of
the
Oath
must
be
proued
to
be
vnlawfull
,
which
this
Treatise
doth
euidently
conuince
to
bee
vntrue
.
And
first
in
this
Chapter
it
is
shewed
,
that
it
is
no
disobedience
or
irreuerence
,
not
to
obey
.
such
declaratiue
Breues
,
seeing
that
they
are
grounded
vpon
one
of
these
two
(
or
rather
vpon
both
)
false
suppositions
:
to
wit
,
that
either
the
doctrine
for
the
Popes
power
to
depriue
Princes
is
certaine
,
of
Faith
,
and
out
of
all
Controuersie
,
and
the
contrarie
not
approued
by
learned
Catholikes
,
which
supposition
is
manifestly
false
:
or
else
that
the
Popes
power
to
excommunicate
,
to
bind
and
loose
,
and
to
absolue
from
Oaths
in
general
,
and
consequently
his
Spirituall
authoritie
is
denyed
in
the
Oath
,
which
also
is
no
lesse
vntrue
:
and
that
therefore
English
Catholikes
not
only
may
lawfully
and
without
any
disobedience
or
irreuerence
,
but
also
are
bound
in
conscience
not
to
obey
them
,
considering
that
they
are
so
preiudiciall
to
themselues
,
so
scandalous
to
the
Catholike
Roman
Religion
,
which
they
professe
,
and
so
iniurious
to
their
Soueraign
Prince
,
who
,
being
in
reall
possession
of
his
Kingdome
,
cannot
vpon
any
controuersed
Title
or
Power
with
out
open
iniustice
bee
dispossessed
thereof
.
Secondly
,
it
is
shewed
,
that
albeit
diuers
Popes
haue
since
the
time
of
Pope
Gregorie
the
VII
.
challenged
to
themselues
authoritie
to
depriue
Soueraigne
Princes
,
yet
they
cannot
bee
truly
said
,
to
haue
beene
for
any
little
time
in
possession
of
this
their
pretended
authoritie
,
right
and
clayme
:
for
that
they
haue
euer
beene
resisted
and
contradicted
by
Christian
Princes
and
Subiects
in
this
their
pretended
right
and
clayme
,
wheras
,
to
possesse
authoritie
,
right
,
or
clayme
to
any
thing
,
it
is
necessary
,
according
to
the
approued
doctrine
of
Molina
,
and
Lessius
both
Iesuites
,
and
of
all
Diuines
and
Lawyers
,
that
it
bee
without
resistance
and
contradiction
of
the
aduerse
part
:
but
one
may
truly
and
really
possesse
corporall
things
,
as
Lands
,
Houses
,
Kingdomes
,
although
hee
,
that
pretendeth
to
haue
right
to
the
same
,
yea
and
perchance
hath
true
right
thereunto
,
contradict
and
resist
neuer
so
much
.
Thirdly
,
it
is
shewed
,
that
howsoeuer
any
man
may
vnder
pretence
of
following
a
probable
opinion
,
thinke
himselfe
excused
in
conscience
and
in
the
sight
of
God
(
wherewith
Princes
in
their
Tribunals
doe
not
meddle
,
but
leaue
mens
consciences
to
the
iudgement
of
God
,
the
only
searcher
of
all
mens
hearts
)
by
concurring
with
the
Pope
to
the
deposing
and
dispossessing
of
his
Soueraigne
Prince
;
yet
considering
that
it
is
not
only
probable
,
but
also
most
certaine
,
that
hee
is
excused
in
conscience
and
in
the
sight
of
God
,
by
defending
his
Prince
against
such
damnable
,
and
trayterous
practises
,
which
are
grounded
at
the
most
vpon
a
probable
power
,
title
,
and
clayme
,
and
also
that
hee
cannot
bee
excused
from
formall
Treason
in
the
externall
Court
,
both
Ecclesiasticall
and
Secular
of
his
Soueraigne
Prince
,
who
is
in
actuall
possession
of
his
Kingdome
,
&
cannot
without
open
iniustice
be
dispossessed
vpon
any
vncertayne
and
controuersed
power
,
clayme
,
or
title
though
it
were
neuer
so
probable
;
it
is
euident
,
that
those
Subiects
might
iustly
bee
accounted
worse
then
mad
,
that
would
in
such
damnable
and
trayterous
practises
concurre
with
the
Pope
to
the
dispossessing
of
their
Soueraigne
Prince
,
vnder
pretence
of
a
power
,
or
title
,
which
,
euen
in
speculation
,
and
abstracting
from
practise
,
can
be
at
the
most
but
probable
.
6.
Lastly
,
are
set
downe
,
First
,
the
Oath
of
France
,
or
the
first
Article
of
the
lower
House
of
Parliament
,
wherein
of
two
hundred
Deputies
for
the
third
Estates
were
but
six
Protestants
:
Secondly
,
two
Arrests
or
Decrees
of
the
Parliament
of
Paris
,
forbidding
vnder
paine
of
Treason
Cardinall
Bellarmines
Booke
against
Barckley
,
and
Suarez
Booke
against
our
Kings
Maiesties
Premonition
,
and
thirdly
another
Decree
of
the
said
Parliament
,
ordayning
likewise
that
no
person
of
what
qualitie
or
condition
soeuer
doe
teach
the
said
doctrine
of
deposing
Princes
as
problematicall
or
probable
.
All
which
Decrees
are
proued
to
be
agreeable
to
truth
and
iustice
,
and
that
Christian
Princes
,
by
vertue
of
their
temporall
power
,
haue
good
and
full
authoritie
,
both
to
forbid
the
teaching
,
maintayning
,
and
publishing
of
all
vnnecessarie
doctrines
&
positions
,
be
they
neuer
so
probable
,
as
the
teaching
and
publishing
of
the
same
tendeth
to
the
subuersion
of
States-and
to
the
disturbance
of
the
publike
peace
in
the
Ciuill
Common
,
wealth
,
and
is
dangerous
to
the
Crownes
and
liues
of
temporall
Princes
;
and
also
to
punish
with
temporall
punishments
the
teachers
,
maintayners
,
and
publishers
of
the
same
.
AN
ADMONITION
TO
ENGLISH
Catholikes
.
1.
COnsider
with
your selues
,
(
Deare
Country-men
)
how
greatly
this
new
Oath
of
Allegiance
concerneth
you
all
,
not
only
in
your
temporall
states
and
libertie
,
which
in
conscience
you
are
bound
to
regard
,
and
not
wilfully
to
cast
away
,
(
and
the
more
if
you
haue
a
charge
of
Wife
and
Children
,
for
whom
in
nature
you
are
obliged
to
prouide
)
but
chiefly
in
your
soules
health
,
which
aboue
all
temporall
things
in
this
World
you
are
bound
to
preferre
.
For
what
doth
it
profit
a
man
,
if
hee
gaine
the
whole
World
,
and
sustaine
the
damage
of
his
soule
?
Mat.
16.
Now
if
this
new
Oath
bee
truely
an
Oath
of
temporall
Allegiance
,
and
ministred
by
lawfull
authoritie
,
(
as
this
Treatise
doth
conuince
it
to
bee
)
doubtlesse
you
incurre
the
danger
of
eternall
damnation
if
you
refuse
it
,
by
disobeying
and
resisting
the
iust
commandement
of
lawfull
authoritie
,
and
the
Ordinance
of
Almightie
God
,
from
whom
all
power
and
authoritie
doth
proceed
.
For
he
that
resisteth
power
Rom.
13.
(
or
authoritie
)
resisteth
the
Ordinance
of
God
;
And
they
that
resist
purchase
to
themselues
damnation
.
2.
First
therefore
,
it
behooueth
you
that
are
Lay-men
,
to
examine
diligently
this
matter
,
and
not
to
be
led
hoodwinkd
into
the
pit
both
of
spirituall
and
temporall
miserie
,
especially
by
blinde
and
ignorant
guides
,
who
neither
vnderstand
,
nor
are
desirous
to
know
the
true
grounds
of
this
important
Controuersie
,
and
therefore
can
hardly
bee
drawne
for
the
informing
of
your
consciences
to
descend
with
you
in
particular
to
the
examination
of
the
lawfulnes
,
or
vnlawfulnesse
of
euery
Branch
of
this
Oath
,
which
many
of
them
,
(
I
speak
with
griefe
,
and
not
without
Booke
)
haue
not
so
much
as
euer
read
,
but
to
cloake
their
ignorance
vnder
colour
of
Zeale
and
Deuotion
,
without
any
further
examining
,
they
only
cry
out
to
you
in
general
termes
,
The
Church
,
the
Pope
,
the
Rocke
is
that
,
which
good
Catholikes
ought
to
cleaue
vnto
;
not
knowing
themselues
,
what
authoritie
is
spirituall
and
due
to
the
Pope
or
Church
,
and
what
authoritie
is
temporall
and
due
to
temporall
Princes
,
and
that
the
Pope
is
not
the
Church
,
but
only
the
chiefe
member
thereof
;
and
that
the
Popes
opinion
,
and
consequently
his
Declaratiue
Breues
,
when
they
are
grounded
either
vpon
false
suppositions
,
or
else
only
vpon
his
opinion
,
are
not
the
Rocke
,
whereon
Catholikes
ought
to
build
their
eternall
saluation
;
and
lastly
,
not
considering
,
that
many
times
when
Popes
and
Princes
haue
beene
and
shall
bee
in
opposition
,
the
Popes
both
haue
bin
,
may
lawfully
bee
,
and
also
ought
to
bee
resisted
.
As
the
resistance
,
which
Philip
the
Faire
made
to
Pope
Boniface
the
VIII
.
(
who
depriued
the
said
King
,
&
gaue
his
Kingdome
to
[
](A03941-e12080-b)a
a
Genebrard
.
lib.
4.
ad
annum
1294.
Albertus
the
Emperour
,
and
declared
,
that
he
accounted
them
for
Heretikes
,
who
did
not
beleeue
that
the
said
King
was
subiect
to
him
in
Spiritualls
and
Temporalls
)
[
](A03941-e12130-b)b
b
Vignerius
ad
annum
.
and
the
resistance
,
which
Lewis
the
XII
.
made
to
Pope
Iulius
the
II.
(
by
whom
he
was
depriued
,
and
his
Kingdome
[
](A03941-e12170-b)c
c
Genebrard
.
lib.
4.
ad
annum
1503.
Guicciardin
.
lib.
11.
hist.
Richeome
in
Apoleget
.
cap.
24
25.
See
Brerely
in
the
Preface
of
his
Protestants
Apologie
,
&c.
Sec.
20.
21.
&
seq
.
giuen
in
pray
to
any
that
could
take
it
)
is
well
commended
by
Lewis
Richeome
Prouinciall
of
the
Iesuites
,
and
proposed
for
an
example
to
be
imitated
;
yea
and
he
sheweth
,
that
whensoeuer
any
Bishop
of
Rome
should
offend
the
King
of
France
,
as
those
Kings
were
offended
by
those
Bishops
,
the
Iesuites
in
such
an
occasion
would
doe
that
which
good
Clergie-men
,
and
good
French-men
together
with
the
said
King
Philip
,
and
Lewis
did
in
those
times
,
who
defended
their
rights
against
those
Popes
,
Boniface
and
Iulius
,
without
any
irreuerence
to
the
Sea
Apostolike
.
And
therefore
,
I
beseech
you
,
(
Deare
Countrey-men
)
to
take
heed
vpon
what
guides
you
relye
for
the
directing
of
your
soules
in
these
important
affaires
,
and
remember
that
Admonition
of
our
Sauiour
,
Mat.
15.
Blinde
they
are
,
and
guides
of
the
blinde
.
And
if
the
blinde
be
guide
to
the
blinde
,
both
fall
into
the
ditch
.
3.
Secondly
,
you
that
are
Priests
,
and
haue
taken
vpon
you
to
guide
others
in
the
way
to
saluation
,
and
ought
to
be
alwayes
readie
to
satisfie
euery
one
that
asketh
you
a
reason
of
that
faith
which
is
in
you
,
1.
Pet.
3
if
you
thinke
in
your
consciences
the
Oath
to
bee
lawfull
,
and
ministred
by
good
and
full
authoritie
,
you
ought
to
take
great
heede
,
that
your
soules
bee
not
defiled
,
nor
your
consciences
stayned
with
some
worldly
respect
,
and
that
neither
hope
of
gaine
or
preferment
,
nor
feare
of
want
or
disgrace
keepe
you
backe
from
giuing
warning
to
those
,
whom
you
are
bound
to
guide
,
direct
,
and
instruct
,
to
beware
of
the
danger
,
which
they
are
like
to
fall
into
by
resisting
the
Ordinance
of
God
,
if
they
refuse
the
Oath
,
when
it
is
tendred
them
by
lawfull
authoritie
;
lest
that
you
foreseeing
their
danger
,
and
not
crying
out
to
them
to
take
heede
,
be
not
only
partakers
of
their
spirituall
harme
,
but
doe
also
cooperate
to
their
temporall
ruine
,
and
so
haue
cause
to
rue
your
silence
,
and
to
cry
out
your selues
when
it
is
too
late
,
Vae
mihi
quia
tacui
,
Woe
is
mee
because
I
haue
held
my
peace
.
Isa.
6.
But
if
perchance
any
of
you
,
who
in
your
consciences
thinke
the
Oath
to
be
lawfull
,
should
for
some
worldly
respect
,
(
which
God
forbid
)
cry
out
against
the
takers
or
approouers
thereof
,
this
were
not
only
to
sin
most
damnably
against
your
owne
consciences
,
but
also
in
some
sort
against
the
Holy
Ghost
,
and
to
impugne
that
,
which
in
your
soules
and
consciences
you
thinke
,
and
acknowledge
to
bee
true
,
which
how
hardly
it
is
forgiuen
either
in
this
World
,
or
the
next
,
Mat.
12.
our
Sauiour
himselfe
doth
expresly
witnesse
.
4.
Lastly
,
those
Priests
that
in
their
consciences
thinke
the
Oath
to
be
vnlawfull
,
and
thereupon
do
not
only
giue
warning
to
those
,
whom
they
haue
taken
vpon
them
to
guide
and
direct
,
to
take
heede
,
and
beware
of
the
spirituall
danger
,
which
they
thinke
will
arise
by
taking
the
same
,
but
also
in
their
zeale
do
cry
out
against
their
Catholike
Brethren
,
who
either
doe
take
the
Oath
,
or
thinke
it
to
be
lawfull
,
as
Apostates
from
the
Catholike
Faith
and
Religion
,
and
disobedient
children
to
the
Pope
and
Church
,
(
giuing
the
like
occasion
to
others
to
cry
out
against
them
,
as
Apostates
from
their
naturall
Allegiance
,
and
disobedient
&
disloyall
Subiects
to
their
temporall
Prince
)
it
behoueth
them
most
of
all
to
looke
to
themselues
,
and
,
(
according
to
the
admonition
,
which
Card.
Bellarmine
vpon
occasion
of
relating
the
fearefull
death
of
Pope
Innocentius
the
III.
giueth
to
Prelates
and
Pastours
Bellar.
de
ge●…itu
,
columbae
,
lib.
2.
cap.
9.
)
to
examine
all
the
secrets
of
their
consciences
most
exactly
,
lest
perchance
it
bee
erroneous
,
albeit
to
them
it
seeme
to
be
sound
&
iust
:
and
that
their
zeale
(
albeit
to
them
selues
seeme
pure
,
and
according
to
knowledge
)
bee
not
blind
,
and
grounded
vpon
wilfull
or
culpable
ignorance
,
like
that
,
which
the
Iewes
had
in
crucifying
our
Sauiour
,
and
Saint
Paul
,
(
when
he
was
Saul
)
in
persecuting
his
Disciples
,
who
thought
thereby
to
doe
God
great
seruice
.
5.
And
truly
if
their
Zeale
were
hurtfull
to
none
but
to
themselues
,
they
would
doubtlesse
be
the
more
excusable
;
but
considering
how
preiudiciall
it
is
both
to
his
Maiesties
honour
,
and
also
to
his
temporall
Soueraigntie
,
how
scandalous
it
is
to
Catholicke
Religion
,
and
how
iniurious
it
is
to
their
Catholike
brethren
,
not
inferiour
to
themselues
in
vertue
and
learning
(
whom
they
seeke
to
disgrace
,
and
to
make
odious
to
all
Catholickes
,
epecially
to
their
benefactors
and
friends
,
and
so
by
taking
from
them
their
good
names
and
maintenance
,
to
bring
them
into
extreame
want
and
miserie
,
and
,
as
much
as
in
them
lyeth
,
into
manifest
desperation
(
for
which
they
are
one
day
to
render
a
most
strict
account
)
they
haue
great
cause
to
examine
their
consciences
narrowly
,
and
carefully
to
consider
,
vpon
what
assured
grounds
they
can
excuse
themselues
at
the
dreadfull
day
of
Iudgement
,
for
taking
such
scandalous
,
iniurious
,
and
vncharitable
courses
,
both
against
their
Soueraigne
Prince
,
(
whom
next
vnder
God
they
are
bound
to
honour
and
obey
in
temporals
)
and
also
against
their
Catholicke
brethren
,
who
not
onely
are
as
learned
and
religious
as
themselues
,
but
also
haue
examined
this
important
controuersie
,
and
all
the
danger
both
spirituall
and
temporall
that
dependeth
thereon
,
as
diligently
,
if
not
farre
more
,
then
they
themselues
haue
done
.
6.
To
the
end
therefore
that
all
of
you
,
(
my
deare
Countrimen
)
may
examine
your
consciences
in
this
poynt
of
the
Oath
,
more
easily
and
eactly
,
and
be
more
fully
instructed
therein
,
then
you
haue
beene
by
I.
E.
the
Authour
of
the
Prelate
and
the
Prince
,
(
who
,
if
the
common
rumour
bee
true
,
will
heare
shortly
with
shame
enough
what
goodly
Instructions
he
hath
giuen
you
)
I
haue
out
of
Roger
Widdringtons
expresse
doctrine
and
grounds
collected
this
little
Treatise
,
which
for
that
it
was
finished
this
first
day
of
the
yeare
,
I
am
bould
to
present
it
to
your
Charities
for
a
New-yeares-gift
,
as
a
small
token
of
the
great
desire
I
haue
both
of
your
spirituall
and
temporall
welfare
.
And
my
onely
request
is
,
that
you
will
bee
pleased
to
read
it
,
as
I
hope
you
will
,
it
beeing
neither
so
prolixe
,
but
that
in
some
few
houres
you
may
mane
it
ouer
,
nor
so
obscure
,
but
that
any
man
of
meane
capacitie
may
vnderstand
it
,
and
after
you
haue
read
it
,
to
iudge
thereof
accordingly
.
And
if
I
shall
heare
,
that
you
haue
reaped
any
benefit
thereby
,
I
shall
thinke
my
paines
exceeding
well
bestowed
;
but
howsoeuer
,
I
shall
not
thinke
my
labour
lost
by
giuing
you
this
euident
token
of
my
loue
:
for
that
the
loue
and
dutie
I
owe
to
my
Prince
and
Countrie
,
to
the
Catholicke
Religion
,
and
to
you
my
deare
Catholick
brethren
,
and
aboue
all
to
God
Almightie
,
the
Author
of
all
truth
,
yea
truth
it selfe
,
and
who
will
in
due
time
render
to
euerie
man
according
to
his
workes
,
Rom.
2.
hath
,
for
the
defence
of
a
necessarie
truth
,
moued
mee
to
take
this
paines
.
And
so
with
my
best
wishes
,
I
bid
you
heartily
farewell
,
hoping
that
you
will
bee
wise
,
and
not
be
transported
with
a
blind
and
intemperate
zeale
towards
Prince
or
Prelate
,
but
that
you
will
bee
carefull
to
feare
God
,
to
honour
the
King
,
and
without
all
partialitie
,
to
render
to
God
and
Caesar
(
and
consequently
to
Popes
and
Princes
)
that
which
is
their
due
.
A
Copie
of
the
new
Oath
of
Allegiance
,
deuided
into
eight
Branches
as
it
is
in
this
Treatise
explayned
.
1.
I
A.B.
doe
truely
and
sincerely
acknowledge
,
professe
,
testifie
and
declare
in
my
conscience
before
God
and
the
World
,
That
our
Soueraigne
Lord
King
Iames
,
is
lawfull
and
rightfull
King
of
this
Realme
,
and
of
all
other
his
Maiesties
Dominions
and
Countries
.
2.
And
that
the
Pope
neither
of
himselfe
,
nor
by
any
authoritie
of
the
Church
,
or
See
of
Rome
,
or
by
any
other
meanes
which
any
other
hath
any
Power
or
Authoritie
to
depose
the
King
,
or
to
dispose
any
of
his
Maiesties
Kingdomes
,
or
Dominions
,
or
to
authorize
any
forraigne
Prince
to
inuade
or
annoy
Him
or
his
Countries
,
or
to
discharge
any
of
his
Subiects
of
their
Allegiance
and
Obedience
to
his
Maiestie
,
or
to
giue
license
or
leaue
to
any
of
them
to
beare
Armes
,
rayse
Tumults
,
or
to
offer
any
Violence
,
or
hurt
to
his
Maisties
Royall
Person
,
State
,
or
Gouernment
,
or
to
any
of
his
Maiesties
Subiects
within
his
Maiesties
Dominions
.
3.
Also
,
I
doe
sweare
from
my
heart
,
that
notwithstanding
any
Declaration
,
or
Sentence
of
Excommunication
,
or
Depriuation
made
or
granted
,
or
to
be
made
or
granted
by
the
Pope
or
his
Successours
,
or
by
any
Authoritie
deriued
or
to
be
deriued
from
him
,
or
his
See
against
the
said
King
,
his
Heires
or
Successours
,
or
any
absolution
of
the
said
Subiects
from
their
Obedience
,
I
will
beare
Faith
and
true
Allegiance
to
his
Maiestie
,
his
Heires
and
Successours
,
and
him
and
them
will
defend
to
the
vttermost
of
my
power
,
against
all
Conspiracies
and
Attempts
whatsoeuer
,
which
shall
be
made
against
His
,
or
their
Persons
,
their
Crown
and
Dignitie
,
by
reason
or
colour
of
any
such
Sentence
or
Declaration
or
otherwise
,
and
will
doe
my
best
endeuour
to
disclose
and
make
knowne
vnto
his
Maiestie
,
his
Heires
and
Successours
,
all
Treasons
and
Trayterous
Conspiracies
,
which
I
shall
know
or
heare
of
to
bee
against
him
or
any
of
them
.
4.
And
I
doe
further
sweare
,
That
I
doe
from
my
heart
abhorre
,
detest
and
abiure
,
as
impious
and
hereticall
,
this
damnable
doctrine
,
and
position
,
That
Princes
which
bee
excommunicated
or
depriued
by
the
Pope
may
be
deposed
or
murthered
by
their
Subiects
,
or
any
other
whatsoeuer
.
5.
And
I
doe
beleeue
,
and
in
conscience
am
resolued
,
that
neither
the
Pope
,
nor
any
person
whatsoeuer
hath
power
to
absolue
mee
of
this
Oath
,
or
any
part
thereof
.
6.
Which
I
acknowledge
by
good
and
full
authoritie
to
bee
lawfully
ministred
vnto
me
,
and
doe
renounce
all
Pardons
and
Dispensations
to
the
contrarie
.
7.
And
all
these
things
I
doe
plainly
and
sincerely
acknowledge
and
sweare
,
according
to
these
expresse
words
by
mee
spoken
,
and
according
to
the
plaine
and
common
sense
and
vnderstanding
of
the
same
words
without
any
Equiuocation
,
or
mentall
euasion
,
or
secret
reseruation
whatsoeuer
.
8.
And
I
doe
make
this
recognition
and
acknowledgement
heartily
,
willingly
and
truly
vpon
the
true
Faith
of
a
Christian
.
So
helpe
me
God
.
A
Copie
of
the
Protestation
,
which
thirteene
Reuerend
Priests
made
of
their
Allegiance
to
Queene
Elizabeth
,
by
a
publike
Instrument
the
last
day
of
Ianuary
1602.
in
the
last
yeere
of
her
Maiesties
Reigne
.
WHereas
it
hath
pleased
our
Dread
Soueraigne
Ladie
to
take
some
notice
of
the
Faith
,
and
Loyaltie
of
vs
Her
naturall
borne
Subiects
Secular
Priests
(
as
it
appeareth
in
the
late
Proclamation
)
and
of
her
Princelike
clemencie
hath
giuen
a
sufficient
earnest
of
some
mercifull
fauour
towards
vs
(
being
all
subiect
by
the
Lawes
of
the
Realme
to
death
by
our
returne
into
the
Countrie
after
our
taking
the
Order
of
Priesthood
since
the
first
yeere
of
Her
Maiesties
Reigne
)
and
only
demandeth
of
vs
a
true
profession
of
our
Allegiance
,
therby
to
bee
assured
of
our
fidelitie
to
Her
Maiesties
Person
,
Crowne
,
Estate
and
Dignitie
,
Wee
,
whose
names
are
vnderwritten
,
in
most
humble
wise
prostrate
at
Her
Maiesties
feet
doe
acknowledge
our selues
infinitely
bound
vnto
Her
Maiestie
therefore
,
and
are
most
willing
to
giue
such
assurance
and
satisfaction
in
this
point
,
as
any
Catholike
Priests
can
or
ought
to
giue
vnto
their
Soueraignes
.
First
,
therefore
wee
acknowledge
,
and
confesse
the
Queenes
Maiestie
to
haue
as
full
Authority
,
Power
and
Soueraigntie
ouer
vs
,
and
ouer
all
the
Subiects
of
the
Realme
,
as
any
Her
Highnesse
Predecessours
euer
had
:
And
further
we
protest
,
that
we
are
most
willing
and
readie
to
obey
Her
in
all
Cases
and
Respects
as
farre
forth
,
as
euer
Christian
Priests
within
this
Realme
,
or
in
any
other
Christian
Countrie
were
bound
by
the
Law
of
God
and
Christian
Religion
to
obey
their
Temporall
Princes
;
as
to
pay
Tribute
,
and
all
other
Regall
Duties
vnto
Her
Highnesse
,
and
to
obey
Her
Lawes
and
Magistrates
in
all
Ciuill
Causes
,
to
pray
vnto
God
for
Her
prosperous
and
peaceable
Reigne
in
this
life
according
to
his
blessed
will
and
that
shee
may
hereafter
attaine
euerlasting
blisse
in
the
Life
to
come
.
And
this
our
acknowledgement
wee
thinke
to
bee
so
grounded
vpon
the
Word
of
GOD
,
as
that
no
Authoritie
.
no
Cause
,
or
pretence
of
Cause
can
or
ought
(
vpon
any
occasion
)
be
a
sufficient
Warrant
more
vnto
vs
then
to
any
Protestant
to
disobey
Her
Maiestie
in
any
Ciuill
or
Temporall
matter
.
Secondly
,
whereas
for
these
many
yeeres
past
diuers
Conspiracies
against
her
Maiesties
Person
and
Estate
,
and
sundrie
forcible
attempts
,
for
inuading
and
conquering
her
Dominions
,
haue
bin
made
vnder
we
knew
not
what
pretences
and
intendments
of
restoring
Catholike
Religion
by
the
sword
(
a
course
most
strange
in
the
World
,
and
vndertaken
peculiarly
and
solely
against
Her
Maiestie
,
and
Her
Kingdomes
among
other
Princes
departed
from
the
Religion
and
Obedience
of
the
See
Apostolike
(
no
lesse
then
she
)
by
reason
of
which
violent
Enterprizes
,
her
Maiestie
,
otherwise
of
singular
clemencie
toward
Her
Subiects
,
hath
beene
greatly
mooued
to
ordayne
,
and
execute
seuerer
Lawes
against
Catholikes
(
which
by
reason
of
their
vnion
with
the
See
Apostolike
in
Faith
and
Religion
,
were
easily
supp●sed
to
fauour
these
Conspiracies
and
Inuasions
)
then
perhaps
had
euer
bin
enacted
or
thought
vpon
,
if
such
Hostilitie
and
Warres
had
neuer
beene
vndertaken
;
We
,
to
assure
Her
Maiestie
of
our
faithfull
Loyaltie
also
in
this
particular
cause
doe
sincerely
protest
,
and
by
this
our
publike
fact
make
knowne
to
all
the
Christian
World
,
That
in
these
cases
of
Conspiracies
,
of
practizing
Her
Maiesties
death
,
of
Inuasions
,
and
of
whatsoeuer
forcible
Attempts
,
which
hereafter
may
be
made
by
any
forraigne
Prelate
,
Prince
or
Potentate
,
whosoeuer
either
ioyntly
or
seuerally
for
the
disturbance
or
subuersion
of
Her
Maiesties
Person
,
Estate
,
Realmes
,
or
Dominions
,
vnder
colour
,
shew
,
pretence
or
intendment
of
restoring
the
Catholike
Romane
Religion
in
England
,
or
Ireland
,
We
will
defend
Her
Maiesties
Person
,
Estate
,
Realmes
and
Dominions
from
all
such
forcible
and
violent
ass●ults
and
iniuries
.
And
moreouer
Wee
will
not
only
our selues
detect
and
reueale
any
Conspiracies
or
Plots
which
we
shall
vnderstand
to
bee
vndertaken
by
any
Prelate
,
Prince
,
or
Potentate
against
Her
Maiesties
Person
or
Dominions
for
any
cause
whatsoeuer
as
is
before
expressed
,
and
likewise
to
the
vttermost
of
our
power
resist
them
,
but
also
will
earnely
perswade
,
as
much
as
in
vs
lyeth
,
all
Catholikes
to
doe
the
same
.
Thirdly
,
if
vpon
any
Excommunication
denounced
or
to
bee
denounced
against
Her
Maiestie
,
or
vpon
any
such
Conspiracies
,
Inuasions
or
forcible
Attempts
to
be
made
as
are
before
expressed
the
Pope
should
also
excommunicate
euery
one
borne
within
Her
Maiesties
Dominions
that
would
forsake
the
aforesaid
defence
of
Her
Maiestie
and
Her
Realmes
,
and
take
part
with
such
Conspirators
,
or
Inuaders
in
these
and
all
other
like
Cases
,
wee
in
these
and
all
such
like
Cases
doe
thinke
our selues
,
and
all
the
Lay-Catholikes
borne
within
Her
Maiesties
Dominions
not
bound
in
conscience
to
obey
this
or
any
such
like
Censure
,
but
will
defend
our
Prince
and
Countrie
,
accounting
it
our
duties
so
to
doe
,
and
that
notwithstanding
any
Authoritie
,
or
any
Excommunication
whatsoeuer
either
denounced
or
to
bee
denounced
as
is
aforesaid
,
to
yeild
vnto
Her
Maiestie
all
obedience
in
Temporall
Causes
.
And
because
nothing
is
more
certaine
,
then
that
whilst
we
endeuor
to
assure
Her
Maiestie
of
our
dutifull
Affection
and
Allegiance
by
this
our
Christian
and
sincere
Protestation
,
there
will
not
want
who
will
condemne
and
misconstrue
our
lawfull
Fact
,
yea
,
and
by
many
finister
suggestions
and
calumnies
discredit
our
doings
with
the
Christian
World
,
but
chiefly
with
the
Popes
Holinesse
to
the
greatest
preiudice
and
harme
of
our
good
names
and
persons
that
may
be
,
vnlesse
maturely
wee
preuent
their
endeuours
herein
,
Wee
most
humbly
beseech
Her
Maiestie
,
that
in
this
our
recognizing
and
yeilding
Caesars
due
vnto
Her
,
wee
may
also
by
Her
Gracious
leaue
be
permitted
,
for
auoyding
Obloquie
and
Calumnies
,
make
knowne
by
like
publike
Act
,
that
by
yeilding
Her
right
vnto
Her
,
wee
depart
from
no
bond
of
that
Christian
Dutie
which
we
owe
vnto
our
Supreme
spirituall
Pastour
.
And
therefore
wee
acknowledge
and
confesse
the
Bishop
of
Rome
to
be
the
Successour
of
Saint
Peter
in
that
See
,
and
to
haue
as
ample
and
no
more
Authoritie
or
Iurisdiction
ouer
vs
and
other
Christians
,
then
had
that
Apostle
by
the
gift
and
commission
of
Christ
our
Sauiour
,
and
that
Wee
will
obey
him
so
farre
forth
as
we
are
bound
by
the
Lawes
of
God
to
doe
,
which
we
doubt
not
but
will
stand
well
with
performance
of
our
Duty
to
our
Temporall
Prince
in
such
sort
as
we
haue
before
professed
.
For
as
we
are
most
ready
to
spend
our
bloud
in
the
defence
of
Her
Maiestie
and
our
Country
,
so
we
will
rather
lose
our
liues
then
infringe
the
lawfull
authoritie
of
Christs
Catholike
Church
.
-
William
Bishop
.
-
Iohn
Colleton
.
-
Iohn
Mush
.
-
Robert
Charnocke
.
-
Iohn
Bosseuile
.
-
Anthonie
Hebborne
.
-
Roger
Cadwallader
.
-
Robert
Drury
.
-
Anthony
Champney
.
-
Iohn
Iackson
.
-
Francis
Barneby
.
-
Oswald
Needham
.
-
Richard
Button
.
This
Protestation
of
the
thirteene
Catholike
Priests
(
to
which
a
great
number
more
would
haue
subscribed
,
if
the
Articles
which
those
Priestes
gaue
vp
to
the
State
,
had
beene
returned
them
backe
,
but
some
few
dayes
before
the
end
of
the
time
prefixed
to
them
by
the
Proclamation
,
to
make
known
to
the
State
their
Allegiance
)
was
the
ground
and
foundation
from
whence
the
Parliament
(
as
the
Lord
Archbishop
of
Canterburie
D.
Bancroft
told
a
friend
of
mine
)
framed
the
forme
of
this
new
Oath
of
Allegiance
,
as
agreeable
to
the
doctrine
,
which
any
Catholike
subiect
,
according
to
the
grounds
of
true
Catholike
Religion
,
might
lawfully
maintaine
,
to
make
thereby
a
true
distinction
not
betweene
Protestants
,
and
Catholikes
,
but
betweene
ciuilly
obedient
Catholikes
,
and
in
all
other
things
good
Subiects
,
and
such
other
Catholikes
as
in
their
hearts
maintained
the
like
violent
bloodie
maximes
that
the
Powder-Traitours
did
.
See
beneath
in
the
third
Obseruation
.
And
doubtlesse
,
whosoeuer
will
compare
the
new
Oath
,
and
their
Protestation
together
,
and
doe
withall
consider
,
that
Queene
Elizabeth
was
long
before
that
time
depriued
of
all
Regall
power
,
authoritie
,
dignitie
,
and
Iurisdiction
by
the
Bull
of
Pius
Quintus
,
and
also
obserue
vpon
what
assured
grounds
and
principles
those
Priests
could
lawfully
acknowledge
her
Maiesty
to
haue
as
full
Authority
,
Power
and
Soueraignty
ouer
them
and
all
the
Subiects
of
this
Realme
,
as
any
Her
Predecessours
euer
had
,
and
also
could
lawfully
promise
,
that
they
would
yeild
to
Her
Maiestie
all
Obedience
in
Temporall
Causes
,
notwithstanding
any
authority
,
or
any
Excommunication
whatsoeuer
denounced
or
to
be
denounced
against
Her
Maiestie
,
or
Her
Subiects
,
as
is
aforesaid
;
he
will
cleerly
perceiue
,
that
their
Protestation
is
all
one
in
effect
and
substance
with
this
new
Oath
of
Allegiance
,
and
that
the
only
difference
betwixt
them
is
,
that
in
the
Oath
the
Popes
authority
to
depose
the
King
,
&c.
is
expresly
and
in
plaine
wordes
denyed
,
and
in
their
Protestation
the
deniall
thereof
is
only
couertly
,
vertually
,
and
by
a
necessary
consequence
implyed
;
notwithstanding
all
the
euasions
,
tergiuersations
,
turnings
,
windings
,
sayings
and
vnsayings
,
which
any
one
of
these
Priests
(
if
for
some
worldly
respect
or
other
motiue
hee
should
now
repent
him
of
what
he
had
done
)
could
to
excuse
himselfe
from
Periurie
,
possibly
vse
or
inuent
.
A
Copie
of
Master
Iohn
Colletons
Petition
to
the
Lord
Archbishop
of
Canterburies
Grace
,
wherein
hee
confirmeth
his
former
Protestation
,
many
yeeres
after
the
new
Oath
of
Allegiance
was
established
.
IF
your
Grace
and
the
State
saw
the
present
affections
of
my
heart
,
and
were
pleased
to
looke
on
my
carriages
past
,
neyther
trouble
some
,
or
vnrespectiue
,
I
hope
the
fauour
I
am
to
desire
,
albeit
it
may
seeme
extraordinary
,
yet
the
same
could
not
altogether
be
deemed
vnworthily
extended
.
The
voluntarie
and
free
Recognition
I
made
in
the
late
Queenes
Reigne
as
it
then
sufficed
,
and
is
now
extant
in
print
,
so
doth
it
still
witnesse
the
readinesse
of
my
professed
Allegiance
in
all
Secular
and
Ciuill
affaires
.
Neither
haue
I
bin
,
am
now
,
or
by
Gods
grace
euer
shall
be
otherwise
affected
,
then
in
like
sort
to
acknowledge
his
Maiestie
that
now
gouerneth
,
for
my
lawfull
Dread
Soueraigne
,
obey
in
all
Politicall
administration
,
and
defend
his
sacred
Person
,
Crowne
,
and
Dominions
to
the
vttermost
of
my
power
against
all
enemies
of
what
place
and
calling
soeuer
.
The
commiseration
I
most
humbly
beseech
your
Grace
to
take
of
my
aged
yeeres
,
accompanied
with
sundrie
infirmities
,
is
,
to
stand
so
good
Lord
vnto
me
,
as
to
enlarge
me
vpon
sufficient
securitie
for
my
appearance
before
your
Honour
,
at
the
time
your
Lordship
shall
thinke
fit
to
assigne
,
An
euident
meane
of
lengthing
my
life
,
beside
the
easing
of
the
heauy
charge
my
imprisonment
imposeth
.
I
would
very
gladly
haue
beene
herein
my
owne
Sollicitour
in
person
,
but
that
I
hold
the
boldnesse
greater
in
respect
of
my
disgracefull
state
,
then
I
durst
to
aduenture
on
without
your
Lordships
good
liking
thereunto
first
vnderstood
.
26.
of
March
,
1610.
Your
Graces
most
suppliant
Petitioner
,
IOHN
COLLETON
.
A
Copie
of
the
Declaration
and
Acknowledgement
which
Master
Iames
Houghton
,
alias
Thomas
Green
,
a
Religious
Priest
of
the
Order
of
Saint
Benedict
,
and
professour
of
Dininitie
,
made
vnder
his
owne
hand
writing
to
the
Lord
Bishop
of
Durham
,
the
first
of
Nouember
,
1619.
touching
his
opinion
of
the
Oath
of
Allegiance
.
Iames
Houghton
,
alias
,
Thomas
Green
,
his
opinion
touching
the
Oath
of
Allegiance
.
1
FIrst
,
I
do
ingenuously
confesse
,
that
his
Maiestie
had
very
iust
cause
,
by
occasion
of
that
most
trecherous
plot
of
the
Gunpowder-Treason
,
to
propose
to
all
his
Subiects
English
Catholikes
〈◊〉
Oath
of
ciuill
fidelitie
and
obedience
due
vnto
Kings
both
by
the
Lawes
of
God
and
Nature
,
and
that
in
most
effectuall
and
peremptory
termes
,
for
tryall
of
their
fidelity
and
loyalty
to
H●…
Maiestie
their
true
Soueraigne
Lord
and
King
.
2.
Secondly
,
it
seemeth
to
me
that
the
Church
had
done
her
dutie
,
if
she
had
shewed
her
dislike
of
that
odious
practice
of
the
Gun-powder-Treason
,
by
some
publike
declaration
in
detestation
thereof
,
both
for
his
Maiesties
satisfaction
,
and
for
the
confirmation
of
his
Catholike
Subiects
in
their
fidelity
and
allegiance
vnto
Him
.
3.
Thirdly
,
I
doe
ingenuously
confesse
,
that
to
me
it
seemeth
most
true
,
that
the
doctrine
,
which
approueth
murthering
of
Kings
by
their
owne
Subiects
or
any
else
,
is
both
damnable
and
hereticall
,
yea
,
though
it
be
in
casu
Apostasiae
a
fide
aut
Infidelitatis
,
in
case
of
Apostasie
from
faith
,
or
of
Infidelitie
.
4.
Fourthly
,
I
do
ingenuously
grant
,
that
it
seemeth
to
mee
in
my
priuate
iudgement
,
that
there
is
nothing
in
the
Oath
,
but
that
it
may
,
according
to
Roger
Widdrington
his
Glosse
and
Exposition
,
be
lawfully
taken
of
English
Catholikes
His
Maiesties
Subiects
,
though
some
both
Learned
and
Religious
hold
the
contrarie
.
Yet
I
finde
three
scruples
concerning
the
Oath
,
which
cause
mee
to
entreate
some
further
time
of
consideration
and
conference
for
my
better
satisfaction
.
The
first
is
,
concerning
the
Romane
Councell
vnder
Gregorie
the
seuenth
,
and
the
Councell
of
Lateran
,
sub
innocentio
tertio
,
whether
they
haue
defined
any
thing
in
this
point
.
The
Second
is
,
whether
it
bee
fit
for
mee
to
oppose
my
priuate
iudgement
to
two
Breues
of
the
Pope
,
that
say
in
the
Oath
there
bee
many
things
contrarie
to
faith
and
saluation
,
though
they
expresse
not
any
thing
in
particular
.
The
Third
is
,
whether
by
taking
the
Oath
I
shall
not
giue
scandall
to
many
learned
Priests
and
Catholikes
,
who
refuse
it
,
and
for
refusall
hazard
their
liues
and
Estates
.
In
regard
whereof
I
humbly
pray
further
respite
,
for
better
consideration
and
confererence
:
And
in
the
meane
time
I
promise
and
vow
to
be
a
true
&
faithfull
Sabiect
to
His
Maiestie
&
His
Successours
during
my
life
,
and
so
am
fully
resolued
to
continue
,
notwithstanding
any
Sentence
from
the
Pope
whatsoeuer
of
Excommunication
,
Deposition
,
or
Absolution
of
his
Maiesties
Subiects
from
their
naturall
obedience
to
Him
,
and
his
Heires
,
&c.
for
whom
I
most
affectionately
pray
God
of
his
infinite
mercie
,
specially
to
direct
and
assist
in
all
their
actions
and
proceedings
.
Thomas
GREENE
.
But
as
touching
the
three
scruples
mentioned
in
the
fourth
Article
,
it
is
to
bee
obserued
,
that
all
of
them
are
particularly
and
verie
cleerely
answered
by
Roger
Widdrington
.
Widdringt
.
in
Discuss
.
Discuss
.
part
.
3.
sec.
2.
&
in
detectione
calum
.
D.
Schulck
.
§.
7
nu.
16.
&
seq
.
And
first
to
the
Councell
of
Rome
vnder
Pope
Gregorie
the
Seuenth
,
hee
sheweth
,
that
in
the
Canon
,
Nos
Sanctorum
,
nothing
is
defined
,
if
wee
regard
the
rules
,
which
Cardinall
Bellarmine
alleageth
to
make
a
true
definition
,
Bell.
lib.
2.
de
Rom.
Pont.
c.
12.
neither
is
there
any
mention
made
in
that
decree
of
any
consent
of
the
Bishops
,
who
were
present
;
and
that
albeit
any
thing
mentioned
in
that
degree
had
beene
expresly
defined
,
yet
considering
that
it
is
a
probable
doctrine
,
that
the
Popes
definitions
in
a
Prouinciall
Councell
,
as
was
that
Romane
Councell
,
are
vncertaine
and
fallible
,
they
cannot
make
the
doctrine
,
which
they
define
,
to
be
certaine
,
and
the
contrarie
to
bee
improbable
.
Secondly
,
hee
sheweth
,
that
neither
from
the
words
of
that
Canon
it
can
bee
gathered
,
that
the
Pope
hath
authoritie
to
depriue
Soueraigne
Princes
,
but
only
inferiour
Lords
and
Magistrates
by
the
consent
and
authoritie
of
those
absolute
Princes
,
to
whom
they
are
subiect
in
temporalls
:
and
that
therefore
that
Canon
Nos
Sanctorum
is
to
bee
vnderstood
only
of
those
,
who
are
subiect
to
the
Pope
in
temporalls
,
and
hath
force
to
binde
only
in
his
owne
Territories
,
or
it
was
confirmed
by
the
consent
and
authoritie
of
other
absolute
Princes
,
as
many
learned
Canonists
mentioned
by
Pope
Innocentius
,
Hostiensis
,
and
Ioannes
Andreas
expound
the
Canon
,
Ad
abolendam
de
haereticis
.
In
can
.
Ad
abolendam
.
And
as
concerning
the
Dictatus
Papae
,
which
Lessius
vrgeth
and
attributeth
to
a
Roman
Councell
,
wherein
it
is
expresly
said
,
Widdringt
.
in
Disput.
Theol.
cap.
3.
sec.
1.
That
the
Pope
hath
power
to
depose
the
Emperour
:
That
he
hath
power
to
absolue
subiects
from
their
Allegiance
,
Widdrington
sheweth
that
they
neither
belong
to
any
Romane
Councell
,
nor
containe
any
definition
,
but
only
a
declaration
of
the
said
Pope
Gregories
opinion
,
who
thought
hee
had
such
authoritie
,
and
that
hee
might
lawfully
practise
it
,
wherein
neuerthelesse
,
as
being
a
thing
neuer
heard
of
before
that
Age
,
saith
Onuphrius
,
Onuphrius
lib.
4.
de
varia
creat
.
Rom.
Pont.
hee
was
greatly
,
and
might
lawfully
be
contradicted
by
true
and
vertuous
Catholikes
,
as
also
at
this
present
many
other
opinions
of
Popes
concerning
their
Dispensations
and
Absolutions
in
other
things
are
contradicted
by
vertuous
and
learned
Catholike
Diuines
.
To
the
Councell
of
Lateran
,
Widdrington
hath
answered
at
large
,
both
in
a
peculiar
Treatise
of
the
Decree
of
this
Councell
against
Lessius
,
and
also
in
his
Confutation
of
Fitz-herberts
Reply
,
wherein
hee
sheweth
,
that
,
according
to
the
doctrine
and
exposition
of
famous
and
learned
Canonists
and
Diuines
,
the
Decree
of
this
Councell
neither
was
,
nor
could
be
vnderstood
of
Emperours
,
Kings
,
and
absolute
Princes
,
who
in
temporall
matters
,
wherein
they
are
supreme
and
subiect
to
none
but
God
,
are
not
comprehended
vnder
any
generall
names
,
if
the
matter
be
penall
and
odious
,
and
much
lesse
vnder
the
generall
name
of
a
Temporall
or
Principall
Magistrate
or
Lord
,
(
as
neither
an
Abbot
is
in
penall
and
odious
matters
comprehended
vnder
the
generall
name
of
a
Monke
,
nor
a
Bishop
vnder
the
generall
name
of
a
Priest
)
but
that
it
is
only
to
be
vnderstood
of
Dukes
,
Earles
,
Maiors
,
Bailiffes
,
and
such
other
inferiour
temporall
Lords
and
Magistrates
(
as
likewise
by
the
names
of
a
Temporall
and
principall
Lord
or
Magistrate
,
they
are
comprehended
in
the
Emperours
Decree
,
who
vseth
the
verie
same
generall
words
;
)
and
that
therefore
this
Decree
of
the
Lateran
Councell
had
force
to
bind
only
in
the
Popes
temporall
Dominions
,
or
it
was
confirmed
by
the
authoritie
and
consent
of
Soueraigne
Princes
,
to
whom
such
inferior
Lords
and
Magistrates
were
subiect
.
To
the
second
Scruple
concerning
the
Popes
Breues
,
Widdrington
hath
fully
answered
in
his
Theologicall
Disputation
,
and
more
at
large
in
his
Answere
to
Fitz-herbert
:
Cap.
10.
sec.
2.
part.
3.
cap.
vlt.
and
partly
in
the
last
Chapter
of
this
Treatise
,
wherein
hee
sheweth
,
that
it
is
no
disobedience
or
irreuerence
not
to
obey
these
declaratiue
Breues
,
being
grounded
vpon
false
suppositions
,
as
he
conuinceth
them
to
be
,
and
that
it
is
not
only
fitting
,
but
necessarie
for
euerie
good
and
vertuous
Catholike
,
not
to
obey
any
such
Breues
,
especially
when
they
command
a
thing
which
is
in
preiudice
of
a
third
person
,
as
is
the
forbidding
of
this
Oath
,
which
is
so
preiudiciall
not
onely
to
His
Maiestie
and
his
subiects
,
but
also
to
the
temporall
Soueraigntie
of
all
other
absolute
Princes
.
To
the
third
Scruple
concerning
the
scandall
,
Widdrington
hath
fully
answered
,
partly
in
the
Preface
of
his
Apologeticall
Answere
,
nu
21.
cap.
10.
sec.
3.
and
more
fully
in
his
Theologicall
Disputation
wherein
hee
hath
shewed
,
that
if
the
Oath
be
lawfull
,
and
doth
not
containe
any
falshood
or
iniustice
,
but
is
an
Oath
of
true
temporall
Allegiance
,
and
ministred
by
good
and
full
authoritie
,
as
this
Treatise
doth
make
manifest
,
it
is
no
giuing
of
scandall
to
take
the
Oath
,
but
that
those
Priests
and
Catholikes
doe
giue
great
scandall
by
refusing
it
,
and
giue
iust
occasion
to
all
Protestant
Princes
and
subiects
to
thinke
,
that
true
temporall
Allegiance
due
to
a
temporall
Prince
cannot
,
according
to
the
grounds
of
the
Catholike
Roman
Religion
,
stand
with
true
spirituall
obedience
due
to
the
Pope
and
other
spirituall
Pastours
,
whereby
they
mightily
wrong
all
temporall
Princes
,
they
greatly
scandalize
the
Catholike
Roman
Religion
,
&
as
much
as
much
as
in
them
lyeth
,
they
seeke
to
auert
all
Protestant
Princes
and
subiects
from
shewing
any
fauour
to
the
professors
of
the
same
.
A
Plaine
and
necessarie
Preamble
,
wherein
certaine
important
Obseruations
are
set
downe
,
for
the
better
vnderstanding
of
this
new
Oath
of
Allegiance
.
BEfore
I
come
to
explaine
the
particular
branches
of
this
new
Oath
established
by
Act
of
Parliament
,
I
thinke
it
not
amisse
to
set
downe
by
way
of
a
Preamble
or
Preface
certaine
general
Obseruations
,
which
may
giue
no
little
light
to
the
better
vnderstanding
of
the
same
.
The
First
Obseruation
.
1.
First
,
therefore
to
know
the
nature
and
conditions
of
an
Oath
,
it
is
to
be
obserued
,
that
euerie
lawfull
Oath
must
be
discreet
,
iust
,
and
true
;
according
to
that
of
the
Prophet
Ieremie
,
Ierem.
4.
And
thou
shalt
sweare
in
Truth
,
and
in
Iustice
,
and
in
Iudgement
.
Iudgement
is
required
chiefly
in
regard
of
the
swearer
,
that
hee
take
not
the
Name
of
God
in
vaine
,
rashly
,
irreuerently
,
without
iust
and
vrgent
occasion
,
and
not
duly
examining
the
truth
of
what
he
sweareth
;
for
the
matter
or
thing
which
is
sworne
,
may
oftentimes
bee
true
and
iust
,
and
yet
the
Name
of
God
may
bee
taken
in
vaine
,
and
without
iust
cause
or
necessitie
to
confirme
the
same
.
Iustice
is
required
chiefly
in
a
Promissorie
Oath
,
to
wit
,
wherein
something
is
promised
for
the
future
time
to
be
done
or
omitted
:
and
therefore
as
it
is
vnlawfull
to
promise
any
thing
which
is
vniust
,
so
is
it
more
vnlawfull
to
confirme
that
vniust
promise
by
Oath
.
Yet
Iustice
may
also
sometimes
bee
wanting
in
an
Assertorie
Oath
,
as
when
one
reuealeth
a
secret
,
which
in
Iustice
hee
is
bound
to
conceale
,
and
confirmeth
the
same
by
Oath
,
for
then
he
sweareth
truly
,
but
vniustly
.
Veritie
or
Truth
is
necessarie
in
all
Oaths
,
for
also
in
a
promissorie
Oath
two
kinds
of
veritie
are
required
;
the
one
is
for
the
pesent
time
(
wherein
it
resembleth
the
nature
of
an
Assertorie
Oaeth
)
for
hee
that
promiseth
to
doe
,
or
not
to
doe
any
thing
,
must
haue
his
words
agreeable
to
his
minde
,
and
therefore
must
for
the
present
haue
a
minde
or
intent
to
performe
what
hee
promiseth
;
otherwise
hee
sweareth
vntruly
;
the
second
veritie
is
for
the
future
time
;
for
he
that
promiseth
any
thing
,
calling
God
for
witnesse
of
his
promise
,
and
through
his
owne
default
doth
not
performe
his
promise
at
the
time
appointed
,
is
forsworne
,
and
his
promissorie
Oath
wanteth
veritie
:
But
truth
and
veritie
is
chiefly
required
in
Assertorie
Oaths
,
to
wit
,
wherein
some
thing
is
affirmed
to
be
true
or
false
.
And
therefore
as
it
is
vnlawfull
for
one
to
affirme
that
to
be
true
,
which
hee
knoweth
to
bee
false
,
and
contrariwise
,
for
this
were
expresly
and
formally
to
lye
,
or
to
affirme
that
to
be
true
or
false
,
whereof
he
is
vncertaine
or
doubtfull
,
for
this
were
to
expose
himselfe
to
danger
of
speaking
an
vntruth
,
so
also
it
is
much
more
vnlawfull
to
confirme
the
same
by
Oath
.
2.
Whereupon
Periurie
is
defined
by
the
Schoole-Diuines
to
be
a
lye
confirmed
by
Oath
.
Magister
in
3.
dist.
39.
S.
Thom.
And
therefore
as
a
lye
is
deuided
into
a
formall
lye
,
to
wit
,
when
one
affirmeth
any
thing
to
be
true
or
false
,
and
thinketh
otherwise
in
his
mind
(
for
to
lye
,
saith
Saint
Augustine
,
August
.
lib
de
Mendacio
.
is
to
speake
against
that
which
hee
thinketh
in
his
minde
,
)
and
into
a
materiall
lye
,
to
wit
,
when
one
speaketh
as
hee
thinketh
,
and
yet
in
very
deed
it
is
otherwise
;
So
Periurie
is
deuiued
into
materiall
and
formall
Periurie
,
for
that
Periurie
is
a
lye
confirmed
by
Oath
,
and
only
addeth
to
a
lye
the
calling
of
God
to
witnesse
of
what
hee
speaketh
.
And
therefore
whatsoeuer
may
bee
affirmed
without
danger
of
lying
,
may
be
sworne
without
danger
of
Periurie
:
and
as
the
falshood
which
maketh
a
formall
lye
,
is
not
to
bee
taken
from
the
thing
as
it
is
in
it selfe
or
ex
parte
rei
,
but
as
it
is
conceiued
by
the
speaker
,
for
that
to
lye
is
to
speake
against
the
minde
,
so
the
falshood
,
which
maketh
formall
Periurie
,
is
not
to
be
taken
from
the
thing
which
is
sworn
,
as
it
is
in
it selfe
,
or
ex
parte
rei
,
but
as
it
is
against
the
mind
and
knowledge
of
the
swearer
.
3.
For
the
veritie
,
which
is
required
in
an
Oath
,
consisteth
in
this
,
saith
Gregorius
de
Valentia
&
Sayrus
,
Valentia
tom.
3
disp.
6.
q.
7.
p.
3.
Sayrus
lib.
5.
Thesauri
cap.
4.
nu.
7.
that
the
thing
bee
true
,
at
least
wise
according
to
the
reasonable
iudgement
of
the
swearer
.
And
therefore
it
is
to
be
obserued
,
that
to
iudge
whether
an
Oath
be
true
or
false
,
we
must
not
so
much
regard
the
thing
sworne
,
as
the
mind
and
knowledge
of
him
that
sweareth
.
So
that
whosoeuer
affirmeth
a
thing
by
Oath
,
saith
Siluester
and
Petrus
Aragoua
,
Siluest.
verbo
Periurium
q.
1.
Aragona
,
2.
2.
q.
89.
art.
3.
in
that
manner
as
hee
knoweth
it
to
be
true
,
is
not
formally
forsworne
:
as
if
he
sweare
his
opinion
,
acknowledgement
,
or
perswasion
,
he
must
be
morally
certaine
,
that
he
is
so
perswaded
,
if
he
sweare
it
absolutely
to
bee
so
,
he
must
bee
morally
certaine
it
is
so
,
otherwise
he
exposeth
himselfe
to
danger
of
being
forsworne
,
and
although
in
very
deed
it
fall
out
otherwise
,
then
he
is
morally
certain
,
yet
he
is
excused
in
the
Court
of
Conscience
from
the
sinne
of
Periurie
,
and
hee
is
not
formally
,
but
only
materially
forsworne
.
The
Second
Obseruation
.
4.
Secondly
,
to
know
in
what
sense
the
words
of
euery
Law
,
and
consequently
of
this
Oath
,
which
is
established
by
a
Parliamentall
Law
,
ought
to
be
taken
,
it
is
to
bee
obserued
out
of
the
doctrine
of
Franciscus
Suarez
a
famous
Iesuite
,
Suarez
lib.
6.
de
Legibus
cap.
1.
that
the
"
words
of
euery
Law
are
commonly
to
be
vnderstood
according
to
their
proper
and
vsuall
signification
,
and
that
if
any
wordes
haue
many
proper
and
vsual
significations
,
that
sense
is
to
be
taken
,
wherein
the
Law-maker
doth
vnderstand
them
,
because
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
can
bee
knowne
,
according
to
it
especially
wee
must
interprete
the
words
of
the
Law
,
because
that
is
the
true
interpretation
of
the
Law
,
by
which
we
follow
the
meaning
and
will
of
the
Law-maker
.
But
if
by
the
declaration
of
the
Law-maker
wee
cannot
gather
the
meaning
of
any
equiuocall
and
ambiguous
word
or
sentence
contayned
in
the
Law
,
then
we
must
vse
those
rules
,
which
in
all
ambiguous
and
doubtfull
speeches
are
prudently
to
be
obserued
:
to
wit
,
that
the
matter
or
contents
of
the
Law
,
with
the
antecedents
,
&
consequents
,
and
other
circumstances
be
diligently
considered
,
for
by
them
the
meaning
of
the
words
,
and
the
will
of
the
Law-maker
will
easily
be
gathered
.
And
especially
we
must
consider
the
beginning
,
Preface
or
Preamble
,
of
the
Law
,
and
with
it
to
ioyne
the
rest
that
followeth
:
for
to
the
beginning
,
if
there
be
no
other
let
,
all
that
followeth
is
to
be
applyed
;
because
in
the
beginning
,
or
Preface
of
euery
Law
is
vsually
contayned
the
finall
end
,
cause
,
and
reason
,
which
chiefly
moueth
the
Law-maker
,
and
which
is
morally
a
sure
meanes
to
finde
out
his
will
and
meaning
,
and
by
which
the
ambiguitie
of
any
word
or
sentence
is
chiefly
to
be
determined
.
And
finally
we
must
alwaies
,
if
there
be
no
other
let
,
interprete
the
words
of
the
Law
,
when
they
are
doubtfull
,
in
the
more
milde
and
fauourable
sense
,
especially
if
the
matter
be
odious
,
and
penall
,
aeccording
to
those
approued
rules
of
the
Law
,
Benignius
leges
&c.
Leg.
Benignius
ff
de
legibus
.
De
regulis
Iuris
in
Sexin
.
Laws
are
to
be
interpreted
in
the
more
fauourable
sense
,
&c.
And
it
is
meete
that
odious
things
be
restrayned
,
and
fauours
bee
enlarged
.
"
Yea
,
and
if
the
words
of
the
Law
being
taken
in
their
proper
signification
should
argue
any
iniustice
,
or
like
absurditie
to
bee
in
the
minde
of
the
Law-maker
,
they
must
bee
drawne
to
a
sense
although
improper
,
wherein
the
Laew
may
bee
iust
and
reasonable
,
because
this
is
presumed
to
bee
the
will
of
the
Law-maker
,
as
it
hath
beene
declared
by
many
Lawes
in
ff.
tit.
de
Legibus
.
Nam
in
ambigua
voce
,
&c.
Leg.
in
ambigua
ff.
de
legibus
.
For
in
a
doubtfull
word
of
the
Law
,
saith
the
Law
,
that
sense
is
rather
to
bee
chosen
,
which
is
voide
of
all
default
,
especially
seeing
that
the
will
also
of
the
Law-maker
may
hereby
be
gathered
:
because
it
ought
not
to
be
persumed
,
that
the
Law-maker
did
intend
to
command
any
absurd
or
inconuenient
thing
.
Thus
Suarez
.
What
blame
then
doe
they
deserue
,
who
seeke
to
wrest
the
wordes
of
this
Oath
,
to
a
sense
which
they
account
to
bee
most
false
and
absurd
,
with
so
great
preiudice
to
the
soules
and
temporall
States
of
English
Catholikes
,
and
with
no
lesse
irreuerence
to
his
Maiestie
and
the
State
whom
next
vnder
God
they
are
bound
to
honor
and
obey
in
all
temporall
affaires
,
whereas
they
may
expound
the
words
,
according
to
their
proper
and
vsuall
signification
,
in
a
true
,
conuenient
,
and
fauorable
sense
,
as
the
Reader
may
see
beneath
?
5.
Thirdly
,
to
know
the
end
and
reason
of
this
Oath
and
of
the
makers
thereof
,
it
is
to
bee
obserued
,
that
the
Parliament
in
the
very
beginning
of
this
Act
,
(
to
which
according
to
Suarez
,
we
must
,
if
there
be
no
other
let
,
apply
all
that
followeth
)
did
expresly
set
downe
the
cause
,
end
,
and
reason
,
for
which
this
new
Oath
was
deuised
,
to
wit
,
to
make
a
better
tryall
how
His
Maiesties
subiects
stand
affected
in
point
of
their
loyaltie
,
and
due
obedience
.
For
His
Maiestie
and
the
State
perceiuing
,
that
the
Powder-Traytors
.
who
were
all
of
them
Romane
Catholikes
,
did
ground
,
as
it
doth
appeare
by
their
confessions
,
their
barbarous
and
deuillish
plot
chiefly
vpon
the
Popes
power
to
take
away
the
Crownes
and
liues
from
temporall
Princes
in
order
to
spirituall
good
,
and
knowing
with
all
,
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
discouering
and
repressing
of
such
bloudie
Assasinates
,
and
their
disciples
,
to
deuise
such
an
Oath
,
wherein
true
temporall
Allegiance
due
to
all
temporall
Princes
of
what
Religion
soeuer
,
should
bee
demanded
,
and
no
true
spirituall
obedience
due
to
the
Pope
,
or
other
spirituall
Pastours
should
be
denyed
,
and
yet
the
wicked
principles
of
that
most
damnable
Conspiracie
should
bee
detected
and
abiured
.
And
the
substance
of
this
new
Oath
they
did
take
from
the
Protestation
of
those
thirteene
Catholike
Priests
(
as
the
Lord
Archbishop
of
Canterburie
,
Doctor
Bancroft
told
a
deare
friend
of
mine
)
only
vsing
another
forme
of
words
,
and
expressing
some
things
concerning
the
Popes
pretended
authoritie
,
which
in
their
Protestation
are
not
expressed
,
but
only
supposed
,
implyed
and
virtually
contayned
,
for
in
effect
and
substance
they
little
differ
,
as
partly
you
haue
seen
aboue
,
and
more
fully
shall
perceiue
when
you
haue
seene
all
the
branches
of
the
Oath
explayned
.
In
his
Premonition
pag.
9.
&
in
hir
Apologie
for
the
Oath
.
pag.
2.
&
pag.
9.
6.
And
not
only
the
Parliament
hath
set
downe
the
end
and
reason
of
this
new
Oath
,
but
also
His
Maiestie
Himselfe
hath
often
by
publike
Writings
in
expresse
words
declared
,
that
He
intended
to
exact
in
this
Oath
nothing
else
of
His
Subiects
,
then
a
profession
of
that
temporall
Allegiance
and
ciuill
Obedience
,
which
all
subiects
(
what
Religion
soeuer
they
professe
)
by
the
Law
of
God
and
Nature
do
owe
to
their
lawfull
Prince
with
a
promise
to
resist
and
disclose
all
contrarie
vnciuill
violence
;
and
to
make
a
true
distinction
not
betwixt
Catholikes
and
Protestants
,
but
betwixt
ciuilly
obedient
Catholikes
,
and
such
Catholikes
as
are
the
Disciples
of
the
Powder-Treason
.
Whereupon
hee
caused
the
lower
house
of
Parliament
,
who
at
first
would
haue
had
the
Oath
to
contayne
the
denyall
of
the
Popes
power
to
excommunicate
him
,
to
reforme
that
clause
.
So
carefull
was
He
,
that
nothing
should
be
contayned
in
this
Oath
except
the
profession
of
naturall
Allegiance
,
and
ciuill
and
temporall
obedience
.
He
said
in
this
Oath
;
for
as
the
Oath
of
Supremacie
,
saith
His
Maiestie
,
was
deuised
for
putting
a
difference
betweene
Papists
,
and
them
of
our
professions
so
was
this
Oath
ordayned
for
making
a
difference
betweene
the
ciuilly
obedient
Papists
,
and
the
peruerse
disciples
of
the
Powder-Treason
.
And
againe
,
This
Oath
,
saith
His
Maiestie
,
was
ordayned
only
for
making
a
true
distinction
betweene
Papists
of
quiet
disposition
,
and
in
all
other
things
good
subiects
,
and
such
other
Papists
as
in
their
harts
maintayned
the
like
violent
bloudie
maximes
that
the
Powder-Traytours
did
.
The
same
also
but
in
more
ample
wordes
affirmeth
His
Maiestie
in
His
Apologie
for
the
Oath
.
7.
Wherefore
we
must
distinguish
betwixt
the
vnderstanding
,
beliefe
,
or
perswasion
of
His
Maiestie
,
and
His
will
,
intent
,
or
meaning
as
Hee
is
a
Law-maker
.
For
albeit
His
Maiestie
should
beleeue
and
be
fully
perswaded
,
that
the
Pope
is
not
the
Supreme
Head
of
the
whole
Church
,
and
consequently
that
he
hath
not
by
the
institution
of
Christ
any
power
to
excommunicate
him
,
yet
his
will
and
meaning
is
not
,
that
His
subiects
shal
in
this
Oath
professe
the
same
,
or
renounce
any
spirituall
obedience
due
to
the
Pope
,
which
euery
Catholike
,
according
to
the
grounds
of
true
Catholike
Religion
,
is
bound
to
acknowledge
,
but
only
,
that
they
make
a
profession
of
that
temporall
Allegiance
,
and
ciuill
obedience
,
which
all
subiects
,
of
what
Religion
soeuer
,
do
owe
to
their
lawfull
Prince
.
From
whence
it
cleerly
followeth
,
that
albeit
there
were
in
this
Oath
some
ambiguous
or
doubtfull
sentence
(
as
there
is
not
)
which
might
be
applyed
as
well
to
the
denying
of
that
spirituall
obedience
,
which
,
according
to
the
grounds
of
Catholike
Religion
,
is
due
to
the
Pope
and
other
spirituall
Pastours
,
as
to
the
professing
of
that
temporall
Allegiance
,
which
is
due
to
temporall
Princes
,
we
ought
to
interprete
the
words
in
that
sense
,
wherein
,
according
to
the
will
,
minde
,
and
end
of
the
Law
,
and
declaration
of
the
Law-maker
,
only
temporall
Allegiance
is
demanded
,
for
that
by
the
end
and
reason
of
the
Law
the
ambiguitie
of
the
words
,
saith
Suarez
,
Suarez
lib.
6.
de
Legibus
cap.
1.
nu.
19.
is
chiefly
to
be
determined
,
and
it
is
morally
a
sure
meanes
to
finde
out
the
will
and
intention
of
the
Law-maker
,
especially
that
reason
which
is
expressed
in
the
Law
,
for
then
the
reason
of
the
Law
is
in
some
sort
a
part
thereof
,
because
it
is
contayned
and
supposed
therein
.
8.
Fourthly
,
it
is
to
bee
obserued
,
that
albeit
English
Catholikes
might
at
the
first
,
before
they
examined
particularly
the
end
,
reason
,
matter
,
and
contents
of
this
new
Oath
,
iustly
suspect
it
to
be
vnlawfull
,
and
to
contayne
in
it
more
then
temporall
Allegiance
;
and
that
His
Maiestie
and
the
Parliament
vnder
pretence
of
demanding
that
temporall
Allegiance
,
which
by
the
Law
of
God
and
Nature
is
due
to
all
temporall
Princes
,
did
intend
to
haue
couertly
at
leastwise
abiured
some
spirituall
obedience
,
which
by
the
institution
of
Christ
is
due
to
spirituall
Pastours
,
both
for
that
it
is
a
new
,
vncouth
,
and
vnwonted
Oath
of
Allegiance
,
and
expresly
denyeth
the
Popes
authoritie
,
to
depose
wherewith
other
Christian
Princes
,
in
the
ordinarie
Oaths
of
Allegiance
,
which
they
demand
of
their
subiects
,
doe
not
in
plaine
and
expresse
termes
intermeddle
;
and
also
for
that
it
was
deuised
by
those
,
who
are
opposite
to
the
Catholike
Romane
Religion
;
yet
this
bare
suspicion
can
bee
no
sufficient
cause
,
ground
,
or
motiue
to
condemne
it
(
as
likewise
no
man
vpon
a
bare
suspicion
is
to
be
condemned
)
but
only
to
haue
it
examined
,
and
if
after
due
examination
it
be
found
faulty
,
to
reiect
it
,
if
otherwise
to
approue
it
.
But
doubtlesse
whosoeuer
will
sincerely
,
and
with
a
pure
desire
to
find
out
the
truth
,
and
to
yeeld
without
all
partialitie
as
wel
to
Kings
as
to
Popes
that
which
is
their
due
,
examine
the
occasion
,
end
,
matter
,
and
contents
of
this
new
and
vnwonted
Oath
,
will
quickly
finde
,
that
it
is
condemned
by
some
,
vpon
a
bare
and
naked
suspicion
and
without
due
examination
;
by
others
,
vpon
a
blind
and
inconsiderate
zeale
to
the
See
Apostolike
,
not
regarding
in
like
manner
the
dutie
which
by
the
Law
of
God
they
owe
to
their
temporall
Prince
;
and
by
all
that
thinke
it
vnlawfull
,
without
sufficient
ground
.
9.
For
the
occasion
of
this
vnwonted
Oath
,
was
that
vnwonted
barbarous
Powder-plot
of
certaine
Catholikes
,
who
pretended
to
iustifie
their
neuer
heard
of
Barbarisme
vnder
the
colour
of
Religion
,
and
the
Popes
authoritie
to
dispose
of
the
Crownes
and
liues
of
temporall
Princes
in
order
to
spirituall
good
;
and
so
no
maruell
,
that
to
preuent
the
like
vnwonted
crueltie
was
deuised
this
vnwonted
remedie
.
And
albeit
the
inuenters
of
this
Oath
are
opposite
to
the
Catholike
Romane
Religion
and
are
fully
perswaded
,
that
the
Pope
by
the
Law
of
God
,
hath
no
authoritie
ouer
this
Kingdome
,
so
much
as
in
spiritualls
,
yet
there
meaning
was
not
,
as
you
haue
seene
aboue
,
to
meddle
in
this
Oath
with
that
spirituall
authoritie
,
which
is
granted
him
by
all
Catholikes
,
but
only
to
demand
a
profession
of
that
temporall
Allegiance
,
which
all
the
Subiects
of
this
Land
,
of
what
Religion
soeuer
they
be
,
doe
owe
to
their
temporall
Prince
,
and
not
to
the
Pope
.
10.
And
therefore
,
which
is
carefully
to
bee
obserued
,
this
Oath
doth
not
meddle
positiuely
with
the
Popes
authoritie
,
for
that
it
doth
not
belong
to
temporall
Princes
to
declare
what
authoritie
the
Pope
hath
,
but
it
medleth
positiuely
with
the
Kings
temporall
Soueraigntie
,
and
negatiuely
with
the
Popes
authoritie
;
and
it
doth
not
declare
●…
what
authoritie
the
Pope
hath
,
but
only
what
authoritie
hee
hath
not
.
And
what
man
,
I
pray
you
,
can
bee
so
blinde
as
not
to
see
,
that
whosoeuer
expresly
affirmeth
King
Iames
to
bee
his
true
and
rightfull
King
and
Soueraigne
in
temporalls
,
and
to
haue
ouer
him
and
his
other
Subiects
all
Kingly
Power
,
Authority
,
and
Iurisdiction
,
doth
consequently
and
vertually
deny
the
same
of
the
Pope
?
Wherefore
if
wee
well
examine
the
matter
and
contents
of
this
vnwonted
Oath
,
wee
shall
find
,
that
His
Maiestie
and
the
State
doe
herein
deny
no
other
authoritie
of
the
Pope
expresly
and
by
name
,
then
which
not
only
in
the
Protestation
of
those
thirteene
Catholike
Priests
,
but
also
in
all
other
vsuall
Oaths
of
Allegiance
,
which
absolute
Princes
are
wont
to
demand
of
their
Subiects
,
is
vertually
,
couertly
,
and
in
effect
implyed
.
For
whosoeuer
sincerely
and
from
his
heart
acknowlegeth
,
any
Prince
to
be
his
only
rightfull
King
and
Soueraigne
in
temporals
(
which
all
absolute
Princes
in
their
vsuall
Oaths
of
Allegiance
demand
of
their
Subjects
)
hee
must
vertually
acknowledge
,
that
the
Pope
is
not
his
Soueraigne
Lord
in
temporals
,
and
consequently
,
that
he
hath
no
authoritie
ouer
his
Prince
or
him
in
temporals
,
and
therefore
neither
to
depose
his
Prince
,
or
to
dispose
of
His
temporall
Dominions
,
for
that
these
are
temporal
things
for
what
end
,
cause
,
crime
,
or
pretext
soeuer
,
either
spirituall
or
temporall
,
they
be
done
.
11.
Fiftly
,
to
know
vpon
what
assured
grounds
the
Popes
authoritie
to
depose
Princes
,
or
to
attempt
and
practise
their
deposition
,
is
by
Catholikes
denyed
in
this
Oath
,
it
is
to
be
obserued
,
that
as
Leonardus
Lessius
,
a
famous
Iesuite
,
noteth
very
well
,
Lessius
in
his
Singleton
,
part.
2.
nu.
38.
a
power
which
is
not
altogether
certaine
but
probable
,
cannot
be
a
sufficient
ground
or
title
,
whereby
immediately
any
man
may
bee
punished
or
depriued
of
that
right
,
dominion
,
or
any
other
thing
which
he
actually
possesseth
,
but
such
a
power
or
title
must
bee
most
certaine
,
and
without
all
doubt
or
controuersie
.
Wherefore
neither
can
the
Pope
,
nor
any
other
Prince
,
without
manifest
iniustice
inuade
the
Kingdome
of
another
Prince
,
make
warre
against
him
,
or
seeke
to
depose
or
dispossesse
him
vpon
a
probable
,
vncertaine
,
or
controuersed
title
.
For
certes
,
saith
the
Authour
of
the
Prelate
and
the
Prince
,
(
and
who
is
knowne
to
bee
a
famous
Doctor
and
Professor
of
Diuinity
though
masked
vnder
the
name
of
I.
E.
)
Cap.
11.
pag.
235.
as
it
is
iniustice
to
put
one
out
of
his
land
or
house
,
who
hath
probable
right
and
and
withall
possession
,
because
poti●…r
est
conditio
possidentis
,
better
is
the
condition
of
him
that
is
in
possession
,
So
were
it
open
iniustice
in
the
Pope
to
depriue
a
King
of
his
Crowne
and
Kingdome
,
who
hath
probable
right
and
withall
possession
.
And
this
also
is
the
receiued
doctrine
of
all
Diuines
and
Lawyers
,
Victoria
in
Relect
de
ture
belli
.
nu.
29.
&
seq
.
Vasquez
1.
2.
disp.
64.
cap.
3.
Gregorius
de
Valentia
2.
2.
and
Pope
Adrian
with
many
others
cited
by
Valentia
.
and
grounded
in
the
light
of
naturall
reason
,
and
declared
by
the
approued
rules
of
the
Law
,
that
no
man
can
bee
iustly
inuaded
,
or
be
put
out
of
his
possession
vpon
an
vncertaine
or
controuersed
title
,
because
In
causa
dubia
,
siue
incerta
potior
est
conditio
possidentis
,
In
a
doubtfull
or
disputable
cause
the
condition
of
the
possessor
is
to
bee
preferred
,
and
Cum
sunt
iura
partium
obscura
fauendum
est
reo
potius
quam
Actori
.
When
the
rights
or
titles
of
the
parties
that
are
in
suite
are
obscure
,
or
not
cleere
,
the
Defendant
is
rather
to
be
fauoured
then
the
Plaintiffe
.
And
this
is
the
first
assured
ground
and
principle
,
for
which
the
doctrine
of
deposing
Princes
by
the
Popes
authoritie
may
not
only
be
barely
and
simply
denyed
,
as
it
is
in
the
second
clause
of
the
Oath
by
force
only
of
the
words
,
but
also
bee
abhorred
,
detested
and
abiured
as
impious
,
damnable
,
most
cleerly
repugnant
to
the
Word
of
God
,
and
in
that
sense
hereticall
,
as
it
is
in
the
fourth
clause
.
The
second
manifest
principle
is
,
that
it
is
a
controuersie
among
learned
Catholikes
,
and
approued
by
many
,
and
therefore
truely
probable
,
that
the
Pope
hath
no
authority
to
depriue
Princes
of
their
Regall
Power
and
Authoritie
.
12.
For
the
better
cleering
whereof
,
it
is
to
be
obserued
sixtly
,
that
,
as
Ioannes
Azorius
a
famous
Iesuite
expresly
affirmeth
,
Azor.
tom.
2.
lib.
11.
c.
5.
q.
8.
it
hath
euer
beene
a
great
controuersie
betwixt
Emperours
and
Kings
on
the
one
side
,
and
the
Bishops
of
Rome
on
the
other
,
whether
in
some
certaine
cases
the
Pope
hath
a
right
and
power
to
depriue
Kings
of
their
Kingdome
.
For
some
Kings
haue
oftentimes
(
yea
since
the
time
of
the
great
Lateran
Councell
)
contended
with
Popes
about
this
matter
,
saying
,
that
they
haue
their
Kingdome
from
God
,
and
not
from
the
Pope
,
and
that
in
those
things
,
which
are
ciuill
and
temporall
the
power
of
Kings
is
supreme
and
absolute
,
and
that
herein
Kings
are
not
subiect
to
the
Pope
,
although
in
sacred
,
Ecclesiasticall
and
spirituall
things
the
Pontificall
power
is
supreme
,
and
that
herein
Kings
and
Princes
are
subiect
to
Popes
,
as
children
to
their
Fathers
,
and
sheepe
to
their
Pastours
,
&c.
And
many
complayned
that
Gregorie
the
seuenth
did
excommunicate
Henry
the
fourth
,
and
depriue
him
of
the
administration
of
his
Kingdom
.
Thus
Azor.
And
it
is
a
controuersie
among
the
Schoolemen
,
(
saith
Ioannes
Trithemius
Trithemius
in
Chron.
Hirsaug.
ad
annum
1106.
)
and
as
yet
it
is
not
decided
by
the
Iudge
,
whether
the
Pope
hath
power
to
depose
the
Emperour
or
no.
And
the
Ecclesiasticall
power
(
saith
Iacobus
Almainus
Almain
.
de
d●minio
natur
.
ciu.
&
Eccles
in
probat
.
2.
conclus
.
a
famous
Doctor
of
Paris
,
and
whom
Azor
relateth
Azor.
tom.
1.
lib.
2.
cap.
14.
among
Classicall
Doctors
)
cannot
by
the
institution
of
God
inflict
any
ciuill
punishment
,
as
are
death
,
exile
,
priuation
of
goods
,
much
lesse
of
Kingdomes
,
&c.
Nay
nor
so
much
as
imprison
,
vt
plerisque
Doctoribus
placet
,
as
is
the
opinion
of
most
,
or
of
very
many
Doctors
,
but
it
is
extended
only
to
a
spirituall
punishment
,
as
is
Excommunication
,
and
the
other
punishments
,
which
she
vseth
,
doe
proceed
from
the
pure
positiue
Law
,
or
as
Gerson
speaketh
,
Gerson
de
potest
.
Eccles
considerat.
4.
from
the
grant
of
Princes
.
And
the
libertie
of
the
Church
of
France
,
saith
Petrus
Pithaeus
Pithaeus
in
Cod.
libert.
Eccles.
Gallicanae
printed
at
Paris
by
authoritie
of
the
Parliament
,
in
the
yeere
1594.
(
whom
Antonius
Posseuinus
the
Iesuite
commendeth
for
a
man
truely
learned
and
a
diligent
searcher
of
Antiquitie
Posseuinus
in
verbo
Petrus
Pithaeus
.
)
is
grounded
in
this
principle
,
which
France
hath
euer
held
for
certaine
,
that
the
Pope
hath
not
power
to
depriue
the
French
King
of
his
Kingdome
,
or
in
any
other
manner
to
dispose
thereof
;
And
that
notwithstanding
any
whatsoeuer
Monitions
or
Monitories
,
Excommunications
,
or
Interdicts
,
which
by
the
Pope
can
bee
made
,
yet
the
subiects
are
bound
to
yeeld
obedience
due
to
the
King
for
temporals
;
neither
therein
can
they
be
dispenced
or
absolued
by
the
Pope
;
Which
position
is
in
very
deed
the
whole
substance
both
of
our
new
Oath
,
and
also
of
the
late
Oath
of
France
,
which
the
lower
house
of
Parliament
would
haue
had
established
for
a
fundamentall
law
.
13.
And
to
omit
now
many
other
learned
Catholikes
cited
by
Widdrington
,
Widdrington
in
his
Answere
to
Fitzherb
.
part.
1.
that
it
is
a
controuersie
among
Catholikes
,
and
approued
by
many
,
and
therefore
truly
probable
,
that
the
Pope
hath
no
authoritie
to
depose
Princes
,
it
is
so
manifest
,
that
no
learned
man
,
vnlesse
hee
will
bee
shamefully
impudent
,
can
denie
it
,
and
the
publike
Writings
of
learned
Catholikes
on
both
sides
,
See
beneath
in
the
end
of
this
Treatise
,
the
Oath
of
France
the
condemnation
of
Suarez
and
Bell.
Booke
,
and
a
decree
of
the
Parliament
of
Paris
touching
the
doctrine
of
the
Popes
power
to
depose
.
the
proceedings
of
the
Parliament
of
Paris
against
the
Bookes
of
Cardinall
Bellarmine
,
of
Schulckenius
,
and
of
Suarez
,
the
propounding
of
the
aforenamed
Oath
by
the
lower
house
of
Parliament
,
wherein
of
two
hundred
Knights
and
Burgesses
there
were
but
fix
Protestants
,
besides
the
complaint
of
some
Doctors
of
Paris
to
the
Colledge
of
Sorbon
against
the
Controuersia
Anglicana
of
Becanus
,
and
infinite
other
testimonies
of
learned
men
of
our
owne
Nation
,
not
only
of
those
who
haue
taken
the
Oath
,
or
thinke
it
to
be
lawfull
,
but
also
of
many
others
,
doe
most
cleerly
conuince
the
same
.
In
so
much
that
Cardinall
Peron
,
Card.
Peron
.
in
his
speech
to
the
lower
house
of
Parliament
.
compelled
by
so
manifest
a
truth
,
doth
plainly
confesse
the
same
;
and
thereupon
acknowledgeth
,
that
the
Pope
himselfe
doth
in
France
tolerate
those
Catholikes
,
that
hold
against
him
in
this
point
,
tolerate
,
I
say
,
not
as
publike
Vsurers
,
Harlots
,
or
other
notorious
sinners
,
are
in
some
Countries
permitted
,
but
by
admitting
them
to
Sacraments
,
which
neither
the
Pope
,
nor
the
Prelates
of
France
could
lawfully
doe
,
if
for
holding
that
doctrine
those
Frenchmen
were
to
bee
condemned
of
Heresie
,
Errour
,
Temeritie
,
or
any
other
damnable
sinne
.
So
that
it
is
most
cleere
&
manifest
to
any
man
of
iudgment
,
that
it
is
a
great
controuersie
among
learned
Catholikes
,
and
that
it
is
approued
by
many
of
them
,
and
therefore
truly
probable
,
that
the
Pope
hath
no
authoritie
to
depose
or
depriue
Soueraigne
Princes
.
See
also
the
Authour
of
the
Potestants
Apologie
for
the
Roman
Church
in
his
Preface
from
Sect.
19.
to
the
end
,
where
you
may
see
his
dislike
of
this
doctrine
for
the
Popes
authoritie
to
depose
Princes
,
and
taxeth
them
,
who
ouercharge
the
supreme
Pastour
with
incompetent
attributes
of
Authoritie
in
temporals
:
and
in
his
owne
authentical
Manuscript
he
more
particularly
and
expresly
shewed
,
that
the
Pope
hath
no
Authority
in
temporals
,
either
directly
,
or
indirectly
,
which
last
words
it
pleased
those
who
had
commission
to
print
his
Booke
to
leaue
out
,
whereof
he
greatly
complained
to
a
friend
of
mine
.
And
likewise
for
the
dislike
,
which
this
learned
Authour
shewed
in
his
Preface
,
of
this
authoritie
of
the
Pope
to
dispose
of
temporals
,
it
pleased
the
Authour
,
who
translated
his
Booke
into
Latine
,
to
leaue
out
the
Preface
altogether
,
which
neuerthelesse
is
a
chiefe
part
of
his
Booke
,
and
it
deserued
to
bee
put
in
Latine
as
much
if
not
more
then
any
other
part
thereof
.
But
the
Authours
of
Bookes
must
now
adaies
,
if
they
looke
not
themselues
to
the
translating
&
publishing
of
them
,
speak
as
it
pleaseth
the
Translators
&
Censors
.
15.
Neither
is
it
sufficient
for
any
man
,
which
also
is
to
bee
obserued
,
to
condemne
any
doctrine
as
temerarious
or
improbable
,
for
that
in
his
iudgement
and
opinion
it
is
repugnant
to
Scriptures
,
ancient
Fathers
,
Councels
,
Canons
,
practice
of
the
Church
and
Theologicall
reasons
,
if
it
bee
approued
by
other
learned
Catholikes
,
who
haue
examined
all
the
arguments
on
either
side
;
for
otherwise
the
Thomists
might
condemne
of
temeritie
the
Scotists
,
and
the
Scotists
the
Thomists
in
the
question
of
the
B.
Virgins
Conception
;
The
Diuines
of
Rome
might
condemne
of
temeritie
the
Diuines
of
Paris
,
and
the
Diuines
of
Paris
the
Diuines
of
Rome
in
the
question
of
the
Popes
infallibilitie
,
and
superioritie
of
the
Pope
and
a
Generall
Councell
;
and
the
Iesuites
might
condemne
of
temeritie
the
Dominicans
,
and
the
Dominicans
the
Iesuits
,
in
the
question
of
the
efficacie
of
Grace
:
for
all
of
them
alledge
for
their
opinion
,
Scriptures
,
Fathers
,
Councels
,
Canons
,
&
Theologicall
reasons
,
&
it
is
vsuall
in
most
Theological
questions
to
bring
such
arguments
on
both
sides
.
But
true
probabilitie
and
improbabilitie
,
and
whereof
not
only
learned
men
,
but
also
the
vnlearned
without
any
great
difficultie
or
perplexitie
of
conscience
may
iudge
,
is
to
be
taken
not
from
intrinsecall
grounds
,
which
are
vnknowne
to
vnlearned
men
,
but
from
extrinsecall
grounds
,
to
wit
,
the
authoritie
of
learned
men
who
are
knowne
to
approue
that
doctrine
.
And
therefore
Aristotle
,
Aristotle
lib.
1.
Top.
cap.
8.
whome
all
Philosophers
&
Diuines
do
herein
follow
,
did
by
extrinsecall
grounds
define
probable
,
to
be
that
which
is
approued
by
wise
,
learned
,
and
skilfull
men
in
the
Art
which
they
professe
:
as
in
a
matter
of
Law
that
is
probable
,
which
is
approued
by
learned
and
skilfull
Lawyers
;
in
a
matter
of
Physicke
that
is
probable
,
which
is
approoued
by
learned
and
skilfull
Physicians
,
and
in
a
matter
of
Theologicall
learning
that
is
probable
,
which
is
approoued
by
learned
and
skilfull
Catholike
Diuines
:
which
definition
of
probable
is
grounded
in
the
light
of
naturall
reason
,
for
that
it
is
not
against
prudence
,
and
therefore
no
temeritie
to
giue
credit
to
one
in
a
matter
wherein
he
is
skilfull
,
according
to
that
vulgar
maxime
,
Vnicuique
in
sua
arte
perito
credendum
est
,
Credit
is
to
bee
giuen
to
euery
man
that
is
skilfull
in
his
Art
.
16.
These
bee
the
two
principall
grounds
,
for
which
the
doctrine
of
deposing
Princes
by
the
Popes
authoritie
may
lawfully
bee
denyed
,
and
also
abiured
in
the
manner
aforesaid
;
for
if
it
bee
certaine
,
that
it
is
open
iniustice
to
dispossesse
any
man
vpon
a
probable
,
vncertaine
,
and
controuersed
power
or
title
,
and
it
is
also
certaine
,
that
it
is
a
controuersie
,
and
not
certaine
,
whether
the
Pope
hath
authoritie
to
depose
Princes
or
no
;
it
followeth
euidently
,
that
it
is
as
lawfull
for
any
man
to
sweare
,
that
the
Pope
hath
no
authoritie
to
depose
Princes
,
as
that
hee
hath
no
authoritie
to
commit
open
iniustice
.
But
of
this
probabilitie
see
more
beneath
in
the
end
of
this
Treatise
.
17.
The
Seuenth
and
last
Obseruation
is
,
that
wee
must
carefully
consider
,
what
the
swearer
is
bound
to
acknowledge
and
sweare
in
euery
branch
of
this
Oath
by
force
and
vertue
of
the
expresse
words
,
and
according
to
the
plaine
and
common
vnderstanding
of
them
,
to
which
by
the
seuenth
branch
hee
is
expresly
tyed
,
and
what
he
may
lawfully
acknowledge
and
sweare
by
reason
of
the
matter
;
for
this
distinction
may
no
little
auaile
to
the
better
vnderstanding
of
some
clauses
of
this
Oath
,
seeing
that
it
may
often
fall
out
,
that
in
regard
of
the
matter
one
may
lawfully
sweare
that
,
which
by
force
of
the
words
hee
is
not
bound
or
demanded
to
sweare
.
As
for
example
,
if
one
bee
commanded
to
sweare
,
what
his
iudgement
,
opinion
,
perswasion
or
acknowledgement
is
concerning
something
,
whereof
notwithstanding
he
is
certaine
;
by
force
of
the
wordes
hee
is
bound
only
to
sweare
,
that
hee
thinketh
,
iudgeth
,
is
perswaded
,
and
acknowledgeth
it
to
bee
so
,
yet
by
reason
of
the
matter
which
to
him
is
certaine
,
hee
may
lawfully
sweare
that
absolutely
and
assuredly
it
is
so
.
Likewise
if
one
bee
commanded
to
abiure
as
false
,
and
hereticall
a
conditionall
disiunctiue
proposition
,
which
implyeth
a
choice
to
take
which
part
of
the
disiunction
he
please
,
by
force
of
the
wordes
hee
is
bound
to
abiure
but
one
part
of
the
disiunction
as
hereticall
,
because
to
make
such
a
disiunctiue
proposition
to
bee
false
and
hereticall
,
it
sufficeth
that
one
part
only
of
the
disiunction
bee
false
and
hereticall
,
yet
somtimes
by
vertue
of
the
matter
,
when
both
parts
of
the
disiunction
are
heretical
,
he
may
lawfully
abiure
both
as
heretical
,
albeit
by
force
of
the
wordes
hee
bee
not
bound
thereunto
.
As
these
propositions
,
Any
man
may
lawfully
honour
,
or
blaspheme
God
,
The
Pope
by
vertue
of
his
Pastorall
power
may
excommunicate
or
murther
any
wicked
Christian
,
are
false
and
hereticall
,
and
yet
one
part
of
the
disiunction
is
true
,
and
only
the
other
is
false
and
hereticall
:
but
both
parts
of
this
proposition
,
any
man
may
lawfully
hate
or
blasphem
God
,
are
false
and
hereticall
,
&
so
by
reason
of
the
matter
both
parts
may
be
abiured
as
hereticall
,
although
by
force
of
the
forme
of
words
,
to
abiure
the
whole
proposition
as
heretical
,
it
sufficeth
to
abiure
only
one
part
thereof
as
hereticall
,
And
how
this
also
may
bee
applyed
to
the
fourth
branch
of
the
Oath
,
wherein
a
conditionall
disiunctiue
proposition
is
contayned
,
and
whether
the
doctrine
not
only
of
murthering
Princes
,
which
be
excommunicated
or
depriued
by
the
Pope
,
but
also
of
deposing
them
,
may
bee
abiured
as
hereticall
,
you
shall
see
beneath
.
These
Obseruations
being
considered
,
there
will
be
found
little
or
no
difficultie
in
any
part
or
parcell
of
the
Oath
.
The
First
Chapter
.
The
First
Branch
of
the
Oath
,
and
an
Explication
thereof
.
I
A.B.
doe
truely
and
sincerely
acknowledge
,
professe
,
testifie
,
and
declare
in
my
conscience
before
God
and
the
World
,
That
our
Soueraigne
Lord
King
Iames
is
lawful
&
rightful
King
of
this
Realme
,
and
of
all
other
His
Maiesties
Dominions
and
Countries
.
1.
This
Branch
(
which
is
the
ground
and
foundation
of
the
whole
Oath
,
and
as
it
were
the
roote
and
fountaine
,
from
whence
all
the
other
branches
,
wherein
the
Popes
authoritie
is
any
way
denyed
,
doe
spring
and
are
deriued
)
is
so
cleere
and
manifest
,
that
no
learned
and
well
affected
subiect
can
take
any
colourable
exception
against
the
same
.
In
so
much
that
Fa.
Parsons
[
](A03941-e22840-b)*
*
In
his
Booke
entituled
,
The
Iudgement
of
a
Catholike
English
man
,
&c.
part
.
7.
nu.
22.
pag.
13.
&
16.
himselfe
feareth
not
to
affirme
,
that
there
is
no
man
,
who
sticketh
or
maketh
difficulty
to
acknowledge
our
Soueraigne
to
bee
true
King
and
rightfull
Lord
ouer
all
his
Dominions
,
for
that
euery
English
Catholike
will
sweare
and
acknowledge
most
willingly
all
those
parts
and
clauses
of
the
Oath
,
that
doe
any
way
appertayne
to
the
Ciuill
and
Temporall
Obedience
due
to
His
Maiestie
whom
hee
acknowledgeth
for
his
true
and
lawfull
King
and
Soueraigne
ouer
all
His
Domioions
.
And
Martinus
Becanus
a
famous
Iesuite
in
the
first
Edition
of
his
Controuersia
Anglicana
writeth
thus
:
Becanus
in
Controuersia
Anglic
.
cap.
3.
p.
102
And
truly
to
me
it
is
certaine
,
that
all
the
parts
and
propositions
of
the
Oath
are
not
false
if
they
bee
well
declared
.
For
these
are
true
:
first
,
that
King
Iames
is
lawfull
King
of
England
,
Scotland
and
Ireland
:
Secondly
,
that
in
the
same
Kingdomes
he
is
the
Supreme
or
Soueraigne
Lord
in
Temporalls
.
2.
First
therefore
,
if
wee
consider
the
end
of
this
Oath
(
which
is
only
to
make
profession
of
our
temporall
Allegiance
,
and
to
make
a
true
distinction
not
betwixt
Catholikes
and
Protestants
,
&c.
the
expresse
declaration
of
His
Maiestie
,
and
the
rules
before
mentioned
in
the
second
and
third
Obseruation
,
it
is
euident
,
that
by
those
wordes
[
Soueraigne
Lord
]
is
not
to
be
vnderstood
the
Kings
Supremacie
in
Spirituall
and
Ecclesiasticall
,
but
only
in
Temporall
and
Ciuill
causes
.
3.
Secondly
,
it
is
also
euident
,
that
albeit
by
force
of
the
expresse
wordes
,
and
the
plaine
and
common
vnderstanding
of
the
same
,
to
which
the
seuenth
branch
of
this
Oath
tyeth
the
swearer
,
wee
are
bound
only
to
acknowledge
that
King
Iames
is
lawfull
and
rightfull
King
of
this
Realme
,
and
of
all
other
His
Maiesties
Dominions
and
Countries
,
and
not
that
Hee
is
the
Soueraigne
Lord
of
the
same
,
both
for
that
those
words
[
Soueraigne
Lord
]
are
put
only
ex
parte
subiecti
,
and
not
ex
parte
predicati
,
and
therefore
by
vertue
of
the
words
are
not
affirmed
;
as
likewise
he
that
stileth
the
Pope
most
holy
and
most
blessed
,
doth
not
affirme
him
to
bee
most
holy
and
most
blessed
vnlesse
the
words
most
holy
&
most
blessed
be
put
ex
parte
predicati
;
&
also
that
if
we
regard
the
force
and
vertue
of
those
words
[
Soueraigne
Lord
]
they
haue
not
the
same
sense
,
which
the
words
[
lawfull
and
rightfull
King
]
haue
,
seeing
that
one
may
be
a
lawfull
and
rightfull
King
,
and
yet
not
the
Soueraigne
Lord
of
His
Kingdome
,
as
if
the
Emperour
should
make
the
great
Duke
of
Toscan
King
of
Hetruria
,
he
would
be
lawfull
and
rightfull
King
of
that
Countrie
,
and
yet
not
the
Soueraigne
or
Supreme
Lord
of
the
same
,
because
hee
is
as
a
feudarie
subiect
to
the
Emperour
.
Neuerthelesse
because
the
lawfull
and
rightfull
King
of
England
.
is
also
the
Soueraigne
Lord
of
the
same
,
by
reason
and
vertue
of
the
matter
we
may
lawfully
,
and
if
it
bee
demanded
at
our
hands
,
are
bound
to
acknowledge
and
sweare
,
that
King
Iames
is
not
only
the
lawfull
and
rightfull
King
of
England
&
of
all
other
His
Maiesties
Dominions
,
but
also
the
Soueraigne
or
Supreme
Lord
of
the
same
.
And
in
this
sense
,
both
the
XIII
.
Priests
,
and
also
M.
Greene
vnderstood
the
word
Soueraigne
in
their
Protestation
and
Declaration
.
4.
Neither
is
it
to
the
purpose
which
some
obiect
,
that
the
King
of
England
is
the
Popes
Vassall
,
and
as
a
feudarie
subiect
to
him
in
Temporals
,
and
therefore
the
Pope
,
and
not
King
Iames
is
the
absolute
Soueraigne
and
supreme
Lord
in
Temporals
of
this
Kingdome
.
For
although
wee
should
absurdly
admit
,
that
for
the
title
and
clayme
of
Temporall
Soueraigntie
,
which
the
Pope
pretendeth
to
haue
ouer
this
Kingdome
by
vettue
of
some
grant
of
former
Kings
,
may
bee
brought
some
probable
proofe
,
as
there
cannot
,
seeing
that
it
is
euident
,
that
no
King
of
England
hath
authoritie
to
giue
away
His
Kingdome
,
or
make
it
subiect
in
Temporals
to
another
Prince
without
the
consent
of
the
Kingdome
it selfe
;
and
that
no
colour
of
any
probable
proofe
can
bee
brought
from
any
Authenticall
Instrument
to
shew
,
that
the
Kingdome
of
England
euer
consented
to
any
such
grant
,
yet
considering
that
no
probable
title
can
bee
a
sufficient
ground
to
depriue
any
man
of
that
Right
,
Dominion
,
or
any
other
thing
which
he
actually
possesseth
,
but
such
a
title
must
bee
most
certaine
and
out
of
all
controuersie
,
as
I
shewed
aboue
in
the
Fift
Obseruation
,
it
is
manifest
,
that
,
notwithstanding
any
such
probable
title
,
euery
subiect
of
this
Land
may
lawfully
acknowledge
by
Oath
,
that
King
Iames
is
not
only
the
lawful
and
rightfull
King
of
this
Realme
,
and
of
all
other
His
Maiesties
Dominions
and
Countries
,
but
also
the
Soueraigne
or
supreme
temporall
Lord
of
the
same
.
CHAP.
II.
The
Second
Branch
of
the
Oath
,
and
an
Explication
thereof
.
ANd
that
the
Pope
neither
of
himselfe
,
nor
by
any
authoritie
of
the
Church
,
or
See
of
Rome
,
or
by
any
other
meanes
which
any
other
hath
any
Power
or
Authoritie
to
depose
the
King
,
or
to
dispose
any
of
his
Maiesties
Kingdomes
,
or
Dominions
,
or
to
authorize
any
forraigne
Prince
to
inuade
or
annoy
Him
or
his
Countries
,
or
to
discharge
any
of
his
Subiects
of
their
Allegiance
and
Obedience
to
his
Maiestie
,
or
to
giue
license
or
leaue
to
any
of
them
to
beare
Armes
,
rayse
Tumults
,
or
to
offer
any
violence
or
hurt
to
His
Maiesties
Royal
Person
,
State
,
or
Gouernment
,
or
to
any
of
His
Maiesties
subiects
within
His
Maiesties
Dominions
.
1.
This
Branch
supposing
the
former
Obseruations
,
hath
in
it
no
difficultie
at
all
,
although
wee
should
admit
,
that
the
immediate
obiect
thereof
,
or
which
is
all
one
,
that
,
which
in
this
Branch
by
force
of
the
words
we
are
bound
immediately
to
sweare
,
is
not
only
our
sincere
acknowledgement
,
and
perswasion
,
but
also
that
absolutely
and
assuredly
the
Pope
hath
not
any
authoritie
to
depose
the
King
,
&c.
For
considering
that
the
whole
tenour
of
this
Branch
tendeth
to
practise
,
namely
,
to
depose
,
to
dispose
,
to
inuade
,
annoy
,
beare
Armes
,
rayse
Tumults
,
offer
violence
or
hurt
,
and
to
discharge
subiects
of
their
Allegiance
,
and
also
,
that
it
is
a
doctrine
approoued
by
many
learned
Catholikes
,
and
who
haue
examined
all
the
arguments
on
both
sides
,
and
consequently
,
that
it
is
truely
probable
,
that
the
Pope
hath
no
authoritie
to
depriue
Princes
,
or
to
dispose
of
their
Temporals
,
it
is
as
cleere
and
manifest
,
that
any
man
,
whether
hee
bee
the
Kings
subiect
or
no
,
what
opinion
soeuer
he
followeth
in
speculation
concerning
the
Popes
authoritie
to
depriue
Princes
,
yet
hee
may
as
certainly
acknowledge
and
sweare
,
that
the
Pope
hath
no
authoritie
to
depose
the
King
,
that
is
,
to
practize
his
deposition
,
or
any
other
of
those
things
mentioned
in
this
Branch
,
as
it
is
cleere
and
manifest
,
that
hee
may
certainly
acknowledge
and
sweare
that
the
Pope
hath
no
authoritie
to
commit
open
iniustice
,
and
that
in
a
doubtfull
vncertaine
,
and
disputable
case
,
the
condition
of
the
possessour
is
to
bee
preferred
.
2.
Neither
doe
temporall
Princes
,
or
other
priuate
men
that
haue
any
thing
in
their
possession
greatly
regard
,
what
learned
men
,
who
by
the
subtiltie
of
their
wits
can
easily
finde
out
some
probable
colour
of
a
broken
and
pretended
title
,
may
speculatiuely
dispute
in
Schooles
concerning
their
titles
,
so
that
in
practice
,
notwithstanding
such
disputations
and
speculations
,
they
bee
secured
from
being
put
out
of
that
which
they
really
and
bona
fide
doe
possesse
.
And
doubtlesse
most
miserable
were
the
state
of
all
men
that
possesse
any
thing
of
worth
,
and
much
more
of
Princes
,
if
vpon
a
title
,
which
some
learned
m●n
may
in
speculation
approoue
,
it
were
lawfull
to
inuade
their
possessions
,
before
a
lawfull
Iudge
,
and
who
is
certainly
knowne
so
to
bee
,
hath
decided
and
determined
the
title
or
controuersie
▪
To
preuent
which
mischiefe
all
Natitions
being
guided
herein
by
the
light
of
naturall
reason
haue
agreed
in
this
manifest
principle
,
that
it
is
open
iniustice
to
put
any
man
out
of
his
possession
vpon
any
title
which
is
not
most
certaine
and
free
from
all
controuersie
vntill
a
lawfull
and
vndoubted
Iudge
hath
decided
the
matter
.
(
I
said
a
lawfull
and
vndoubted
Iudge
)
for
if
it
be
doubtfull
,
vncertaine
,
and
questionable
whether
he
be
a
lawfull
and
competent
Iudge
to
determine
that
cause
,
his
decision
cannot
be
sufficient
to
end
the
controuersie
.
For
which
cause
the
Pope
is
not
to
bee
accounted
a
lawfull
and
competent
Iudge
to
decide
this
question
concerning
his
owne
pretended
authoritie
to
depriue
Princes
,
for
that
it
is
a
controuersie
among
learned
Diuines
and
approued
by
very
many
(
as
Pope
Adrian
,
the
Cardinaell
of
Cambray
,
the
Cardinall
Cusanus
,
the
Cardinall
Panormitan
,
the
Cardinall
of
Florence
Master
to
Panormitan
,
Iohn
Patriarch
of
Antioch
,
Abulensis
,
Ioannes
Parisiensis
,
Ioannes
Gerson
,
Iohn
Maior
,
Almaine
,
and
almost
all
the
Vniuersitie
of
Paris
cited
by
Widdrington
Widdring
.
in
the
discouerie
of
D.
Schulkeuius
slanders
.
§.
7.
)
that
the
Pope
is
not
a
competent
Iudge
to
decide
or
define
infallibly
any
doctrinall
point
(
and
much
lesse
in
his
owne
cause
)
without
a
true
and
vndoubted
generall
Councell
,
and
therfore
although
he
should
hereafter
,
(
as
yet
he
hath
not
)
attempt
to
define
and
decide
this
question
,
his
decision
could
not
end
the
controuersie
,
nor
giue
sufficient
warrant
to
any
man
to
practize
the
deposition
of
Princes
,
vpon
so
doubtfull
,
vncertaine
,
and
questionable
power
or
title
.
3.
Neuerthelesse
it
behooueth
temporall
Princes
to
be
very
carefull
,
that
their
titles
to
the
Dominions
which
they
lawfuly
possesse
,
be
not
so
much
as
speculatiuely
,
or
only
for
Disputation
sake
disputed
pro
and
contra
,
by
learned
men
,
least
that
some
ignorant
or
turbulent
spirits
,
which
either
doe
not
know
,
or
of
set
purpose
to
colour
their
practices
,
vnder
a
pretence
of
a
probable
title
,
will
not
take
notice
of
the
manifest
difference
betwixt
speculation
and
practice
,
may
take
occasion
thereby
to
disturbe
the
publike
peace
,
and
to
molest
,
annoy
,
or
to
offer
any
violence
or
hurt
to
their
Royall
Persons
,
States
,
or
Gouernment
.
For
which
cause
the
Parliament
of
Paris
hath
with
great
wisdome
and
reason
oftentimes
by
publike
Edicts
ordained
,
See
beneath
in
the
end
of
this
Treatise
some
of
these
Decrees
.
that
the
doctrine
of
deposing
their
Kings
should
not
bee
so
much
as
taught
and
maintayned
to
bee
probable
,
or
problematike
,
that
occasion
be
not
giuen
to
seditious
spirits
(
who
know
not
,
or
will
not
take
notice
of
the
difference
betwixt
speculation
and
practice
)
to
attempt
,
vnder
pretence
of
a
probable
title
any
violence
against
the
Crowns
or
sacred
Persons
of
their
Kings
.
And
the
reason
is
manifest
,
for
that
the
temporall
Common-wealth
hath
good
and
full
authoritie
to
forbid
the
teaching
and
publishing
of
any
doctrine
which
is
not
necessarie
,
whereby
probable
danger
to
the
Crownes
and
liues
of
temporall
Princes
,
and
perturbations
in
the
Common-wealth
may
arise
.
4.
First
therefore
,
by
those
words
of
this
Branch
[
nor
by
any
other
means
with
any
other
]
it
is
euident
,
that
the
Parliament
,
which
representeth
the
whole
bodie
of
the
Kingdome
or
Common-wealth
did
not
intend
to
meddle
with
the
authoritie
which
the
whole
Kingdome
or
Common-wealth
may
(
according
to
the
opinion
of
some
Doctors
)
pretend
to
haue
in
some
cases
ouer
their
soueraign
Prince
,
as
Lessius
and
others
(
whom
the
Authors
of
the
Prelate
and
the
Prince
,
doth
seeme
to
follow
)
doe
idly
obiect
.
And
although
the
meaning
of
those
words
were
,
to
deny
,
that
the
whole
Kingdome
,
or
Common-wealth
hath
no
authoritie
to
depose
their
King
,
yet
considering
that
it
is
also
a
probable
doctrine
,
&
approued
by
many
learned
Catholike
Diuines
,
and
Lawyers
cited
by
Widdrington
,
Widdr.
in
Apolog.
nu.
111.
and
in
his
Answere
to
Fitz-herb
.
part.
3.
&
cap.
11.
nu.
36.
37.
that
the
Common-wealth
hath
no
such
authority
,
it
is
also
lawful
for
any
man
(
of
what
opinion
soeuer
hee
bee
in
speculation
concerning
this
authoritie
of
the
Cōmonweath
)
to
acknowledge
and
sweare
,
that
the
Common-wealth
hath
no
more
authoritie
to
depose
the
King
,
that
is
,
to
practize
his
deposition
,
then
she
hath
to
commit
open
iniustice
;
But
the
true
meaning
of
His
Maiestie
and
the
Parliament
is
,
as
the
words
themselues
doe
plainely
signifie
,
only
to
deny
the
Popes
authoritie
to
depose
,
&c.
to
wit
,
that
the
Pope
neither
of
himselfe
,
that
is
,
neither
as
a
sole
and
totall
cause
,
nor
by
any
authoritie
,
&c.
that
is
,
neither
as
an
Instrument
or
Minister
of
the
Church
or
See
of
Rome
,
nor
by
any
other
meanes
with
any
other
,
that
is
,
nor
as
a
principall
,
or
true
and
proper
partiall
cause
or
Agent
,
hath
any
authoritie
to
depose
the
King
,
&c.
5.
Neither
by
those
wordes
[
or
to
authorize
any
forraigne
Prince
to
inuade
or
annoy
Him
or
His
Countries
]
did
His
Maiestie
and
the
Parliamen●
intend
to
denie
the
authoritie
which
temporall
Princes
may
haue
in
som●
cases
to
make
warre
against
their
neighbour
Princes
,
and
consequently
against
His
Maiestie
,
if
he
should
giue
them
iust
cause
of
warre
(
yet
euer
obseruing
,
that
no
probable
power
,
cause
,
or
title
can
bee
a
sufficient
ground
to
punish
any
Prince
,
or
to
inuade
His
Countries
)
but
,
as
the
expresse
words
do
plainly
shew
,
only
to
deny
the
Popes
authoritie
,
to
authorize
any
forraigne
Prince
to
inuade
or
annoy
Him
or
His
Countries
:
because
all
the
authoritie
which
temporall
Princes
haue
to
make
warre
,
or
to
inuade
the
Kingdome
of
an
other
Prince
for
what
cause
,
crime
,
or
end
so
euer
it
bee
,
is
deriued
from
their
temporall
Soueraigntie
grounded
vpon
the
Law
of
Nature
,
or
Nations
,
&
not
from
the
Popes
authoritie
.
And
likewise
all
the
authority
,
which
the
temporall
Common-wealth
may
pretend
to
haue
in
some
cases
to
rise
vp
in
Armes
against
their
Prince
,
is
not
deriued
from
the
Popes
warrant
,
license
or
authoritie
,
but
(
if
there
be
any
such
power
)
from
the
Law
of
Nature
.
And
therefore
with
great
reason
this
Clause
denyeth
in
the
Pope
all
power
and
authoritie
to
authorize
any
forraigne
Prince
to
inuade
or
annoy
His
Maiestie
,
or
his
Countries
,
or
to
giue
license
or
leaue
to
any
of
his
subiects
to
beare
Armes
,
rayse
Tumults
,
or
to
offer
any
violence
or
hurt
to
His
Maiestis
Royall
Person
,
State
,
or
Gouernment
:
because
although
they
shuld
haue
any
such
authoritie
,
leaue
,
or
licence
,
wherewith
His
Maiestie
and
the
Parliament
would
not
in
this
Oath
intermeddle
,
they
haue
it
not
from
the
Pope
,
but
from
the
Law
of
Nations
,
or
Nature
.
6.
Secondly
,
in
this
Branch
is
not
denyed
the
Popes
authoritie
to
command
in
temporals
in
order
to
spirituall
good
,
or
to
declare
,
that
they
who
haue
authoritie
to
depose
,
or
to
make
warre
,
are
bound
to
vse
their
temporall
authoritie
,
and
to
draw
forth
the
temporall
Sword
,
when
the
necessitie
of
the
Church
,
and
the
spirituall
good
of
soules
shall
require
the
same
;
for
this
authoritie
of
declare
and
command
doth
not
exceede
the
limits
of
spirituall
power
,
as
Widdrington
hath
shewed
at
large
heretofore
:
Widdr.
in
Apol
nu.
●…
.
and
in
all
his
other
Bookes
very
often
,
but
especially
in
his
Answere
to
Fitz-herb
.
But
here
is
only
denyed
the
Popes
authoritie
to
depose
temporall
Princes
,
to
dispose
of
their
temporals
,
to
vse
or
draw
forth
the
temporall
Sword
,
or
to
authorize
temporall
Princes
or
subiects
to
vse
or
draw
forth
the
same
:
for
whosoeuer
giueth
authoritie
to
another
man
to
vse
the
temporall
Sword
,
hath
authoritie
to
vse
it
himselfe
,
although
sometimes
for
want
of
strength
or
some
other
necessarie
Instrument
hee
cannot
vse
it
himselfe
,
yet
still
he
hath
authoritie
to
vse
it
.
7.
And
although
a
Commander
(
which
I
wish
the
Reader
to
obserue
for
the
Author
of
the
Prelate
and
the
Prince
)
is
commmonly
said
to
doe
that
thing
which
is
done
by
his
Commandement
,
(
and
so
hee
that
counsaileth
,
consenteth
,
or
any
way
concurreth
although
per
accidens
,
and
not
by
any
proper
vertue
,
or
influxe
of
his
owne
,
is
said
to
doe
that
thing
)
as
hee
that
applyeth
fire
to
straw
,
or
commandeth
,
counsaileth
,
yea
,
or
doth
not
hinder
the
applying
thereof
,
when
hee
is
bound
to
hinder
it
,
is
said
to
burne
the
straw
,
although
hee
bee
no
true
and
proper
efficient
cause
of
the
burning
thereof
,
but
only
a
cause
per
accidens
)
yet
a
Commander
is
not
said
to
doe
that
which
hee
commandeth
,
as
a
true
and
proper
cause
,
or
as
hauing
authoritie
to
doe
that
thing
which
hee
commandeth
▪
(
whereof
this
Branch
of
the
Oath
doth
only
speake
)
but
only
as
a
cause
per
accidens
,
(
which
according
to
the
doctrine
of
all
Philosophers
,
is
no
true
and
proper
efficient
cause
)
vnlesse
by
his
proper
power
,
vertue
,
influxe
or
authoritie
hee
concurre
to
the
doing
thereof
,
and
that
the
person
commanded
hath
his
power
,
vertue
,
or
authoritie
to
doe
that
thing
deriued
from
the
Commander
,
or
depending
on
him
.
8.
For
which
cause
a
Painter
,
who
commandeth
his
Seruant
to
make
a
Picture
,
and
giueth
him
rules
and
directions
how
to
mingle
his
Colours
,
and
afterwards
to
apply
them
,
which
without
the
directions
of
his
Master
,
hee
himselfe
could
not
doe
,
is
the
principall
cause
and
agent
of
making
that
Picture
,
and
the
Seruant
is
only
his
Instrument
or
Minister
,
for
that
all
the
Arte
hee
hath
to
make
that
picture
is
deriued
from
the
commaundement
and
directions
of
the
Painter
,
and
depending
on
him
,
and
yet
a
King
,
who
hath
no
skill
to
paint
,
and
commaundeth
the
Painter
to
make
a
picture
,
is
no
true
and
proper
efficient
cause
of
making
that
picture
,
but
onely
a
cause
per
accidens
,
by
morally
applying
the
Painter
that
hath
skill
to
vse
the
same
.
So
likewise
a
Prince
,
who
commandeth
his
Officers
to
condemne
and
put
to
death
an
egregious
malefactour
,
is
the
principall
cause
of
his
death
,
and
the
Officers
are
onely
his
Instruments
,
Ministers
,
and
Executioners
,
for
that
all
the
authoritie
,
which
they
haue
to
condemne
and
kill
that
malefactour
,
is
deriued
from
the
Prince
,
and
depending
on
him
,
because
onely
the
Prince
doth
authorize
,
or
giue
them
authoritie
to
pronounce
and
execute
that
sentence
:
And
yet
the
Pope
commaunding
a
Prince
to
vse
his
temporall
sword
,
power
,
or
authoritie
when
the
necessitie
of
the
Church
shall
require
the
same
,
as
to
make
warre
,
inuade
any
Countrey
,
or
to
put
any
egregious
malefactor
to
death
,
is
onely
a
cause
per
accidens
,
of
that
warre
,
&c.
by
applying
morally
,
to
wit
,
by
his
commandement
,
the
person
,
who
hath
authoritie
to
make
warre
,
&c.
to
the
making
thereof
.
But
the
Pope
is
no
true
and
proper
cause
of
that
warre
,
&c.
neither
can
hee
bee
said
to
make
that
warre
,
as
hauing
authoritie
to
make
it
,
or
as
authorizing
,
or
giuing
authority
,
leaue
,
or
licence
,
(
whereof
onely
this
branch
maketh
mention
)
to
the
Prince
to
make
that
warre
,
&c.
Neyther
is
the
Prince
in
making
that
warre
,
&c.
the
Popes
Instrument
,
Minister
,
or
Executioner
,
(
as
the
Author
of
the
Prelate
and
the
the
Prince
absurdly
affirmeth
)
for
that
he
hath
not
his
authoritie
to
make
warre
,
&c.
deriued
from
the
Popes
commandement
,
or
depending
on
it
,
whereas
(
according
to
the
doctrine
of
all
Philosophers
)
it
is
necessary
to
an
Instrument
,
that
it
haue
all
it
vertue
to
worke
deriued
from
the
principall
Agent
,
or
depending
on
it
;
but
all
the
authoritie
,
which
temporal
Princes
,
or
Common-wealths
haue
in
temporall
affaires
,
is
deriued
from
the
law
of
Nations
,
or
Nature
,
and
not
from
the
Popes
authoritie
or
commandement
.
9.
By
which
it
is
apparant
,
how
grosly
the
said
Author
of
the
Prelate
and
the
Prince
,
in
excepting
against
this
Branch
,
was
mistaken
,
for
not
considering
the
difference
betweene
a
Commander
,
who
hath
onely
authoritie
to
command
,
but
not
to
execute
,
or
doe
that
which
hee
commandeth
to
be
done
,
and
a
Commander
,
who
hath
authoritie
both
to
commaund
,
and
also
to
execute
or
doe
that
which
he
commandeth
to
be
done
,
although
perchance
he
cannot
effect
it
for
want
of
strength
or
effectuall
meanes
,
but
not
for
want
of
authoritie
,
as
euerie
lawfull
Prince
hath
sufficient
authoritie
to
subdue
his
Rebels
,
and
yet
hee
cannot
alwaies
effect
it
,
not
for
want
of
authority
,
but
for
want
of
strength
,
force
,
or
effectuall
meanes
,
because
his
Rebels
are
more
strong
and
potent
then
he
is
.
CHAP.
III.
The
Third
Branch
of
the
Oath
,
and
an
Explication
thereof
.
ALso
I
doe
sweare
from
my
heart
,
that
notwithstanding
any
Declaration
,
or
sentence
of
Excommunication
,
or
Depriuation
made
or
granted
,
or
to
be
made
or
granted
by
the
Pope
or
his
Successours
,
or
by
any
Authoritie
deriued
,
or
pretended
to
be
deriued
from
him
,
or
his
Sea
against
the
said
King
,
his
Heires
or
Successours
,
or
any
absolution
of
the
said
subjects
from
their
obedience
:
I
will
beare
faith
and
true
allegiance
to
his
Maiestie
,
his
Heires
and
Successours
,
and
him
and
them
will
defend
to
the
vttermost
of
my
power
,
against
all
conspiracies
&
attempts
whatsoeuer
,
which
shall
be
made
against
his
or
their
Persons
,
their
Crowne
and
dignitie
,
by
reason
or
colour
of
any
such
sentence
or
declaration
or
otherwise
,
and
will
doe
my
best
endeuour
to
disclose
and
make
knowne
vnto
his
Maiestie
,
his
Heires
&
Successors
,
all
Treasons
,
&
Traiterous
Conspiracies
which
I
shall
know
or
heare
of
to
be
against
him
or
any
of
them
.
1.
This
Branch
of
the
Oath
is
somewhat
clearer
then
the
former
,
because
it
doth
not
expressely
and
in
plaine
tearmes
deny
the
Popes
Authoritie
to
depriue
or
depose
Princes
,
but
it
onely
containeth
in
expresse
words
a
promise
,
which
the
Subiect
confirmeth
by
Oath
,
that
if
in
case
the
Pope
hath
denounced
,
or
hereafter
should
denounce
any
sentence
of
Excommunication
or
Depriuation
against
the
King
,
his
Heires
,
or
Successours
,
or
any
absolution
of
the
said
Subiects
from
their
obedience
,
yet
he
wil
beare
faith
and
true
allegiance
to
his
Maiestie
,
his
Heires
and
Successours
,
and
him
and
them
will
defend
,
&c.
Neuerthelesse
the
lawfulnesse
or
iustice
of
this
promissorie
Oath
supposeth
for
the
principall
ground
thereof
,
the
veritie
of
the
former
assertorie
Clause
,
and
therefore
it
implieth
,
and
vertually
containeth
a
deniall
of
the
Popes
authoritie
to
depriue
or
depose
Princes
,
and
to
absolue
Subiects
from
their
temporall
allegiance
:
for
that
whosoeuer
doth
sweare
,
that
notwithstanding
any
sentence
of
depriuation
,
or
absolution
of
subiects
from
their
obedience
made
,
or
hereafter
to
be
made
by
the
Pope
or
his
Successours
against
his
Maiestie
,
his
Heires
or
Successours
,
to
make
this
promise
iust
and
lawfull
,
he
must
consequently
deny
,
that
the
Pope
hath
Authoritie
to
depriue
Princes
,
or
to
absolue
Subiects
from
their
obedience
,
as
Suarez
examining
this
Branch
of
the
Oath
doth
most
clearely
demonstrate
.
Suarez
in
Defens
.
lib.
6.
cap.
3.
See
Widdring
.
against
Fitzherbert
part.
1.
cap.
5.
For
if
the
sentence
of
depriuation
to
be
made
at
any
time
hereafter
against
the
King
,
his
Heires
or
Successours
,
for
any
manifest
cause
or
crime
whatsoeuer
,
may
be
iust
,
lawfull
,
and
effectuall
,
it
is
as
vnlawfull
to
take
this
clause
,
as
it
is
vnlawfull
for
one
to
sweare
,
that
he
will
not
obey
the
Popes
sentence
and
commandement
,
which
hereafter
he
shall
impose
,
be
it
neuer
so
iust
,
and
without
all
errour
or
default
:
But
if
this
sentence
of
depriuation
at
any
time
hereafter
to
be
made
can
neuer
be
iust
,
it
must
needs
follow
,
that
the
Pope
hath
no
more
authoritie
to
depriue
or
depose
the
King
,
his
Heires
or
Successours
,
then
he
hath
authoritie
to
commit
open
iniustice
.
2.
Wherefore
those
thirteene
Reuerend
Priests
,
who
solemnly
protested
to
Queene
Elizabeth
,
that
notwithstanding
any
authoritie
(
which
words
are
farre
more
generall
,
then
notwithstanding
any
sentence
of
depriuation
)
or
any
Excommunication
either
denounced
,
or
to
be
denounced
against
her
Maiestie
&c.
they
would
yeeld
to
her
Maiestie
all
obedience
in
temporall
causes
,
would
then
haue
made
no
difficultie
to
take
this
Branch
of
the
Oath
,
and
consequently
to
free
themselues
from
periurie
,
they
must
also
deny
the
Popes
Authoritie
to
depriue
and
depose
Princes
,
for
that
the
iustice
of
this
Branch
implieth
&
supposeth
as
a
chiefe
ground
thereof
a
deniall
of
the
Popes
authoritie
to
depriue
and
depose
,
as
Suarez
doth
most
plainely
conuince
.
3.
First
therefore
in
this
Clause
is
not
denied
the
Popes
power
to
Excommunicate
,
but
onely
that
Excommunication
being
a
spirituall
censure
doth
not
worke
this
temporall
effect
,
as
to
make
Kings
no
Kings
,
or
to
depriue
them
of
their
Royall
right
and
Soueraigntie
,
and
consequently
not
to
absolue
Subiects
from
their
naturall
allegiance
,
which
,
according
to
the
doctrine
of
Card.
Bellarmine
and
Suarez
they
doe
by
the
law
of
God
and
Nature
owe
to
their
lawfull
Prince
.
Bell.
in
Tract
.
contra
Barclaium
cap.
21.
pag.
202.
Suarez
in
Defens
.
&c.
lib.
6.
cap.
3.
nu.
6.
And
thus
much
his
Maiestie
hath
also
in
expresse
words
declared
.
The
truth
is
,
saith
his
Maiestie
,
The
Kings
Maiestie
in
his
Premonition
&c.
pag.
9.
that
the
Lower
house
of
Parliament
at
the
first
framing
of
this
Oath
,
made
it
to
containe
,
that
the
Pope
had
no
power
to
Excommunicate
mee
,
which
I
forced
them
to
reforme
onely
making
it
to
conclude
,
that
no
Excommunication
of
the
Popes
can
warrant
my
Subiects
to
practise
against
my
Person
or
State
,
denying
the
deposition
of
Kings
to
be
in
the
Popes
lawfull
power
,
as
indeede
I
take
any
such
temporall
violence
to
be
farre
without
the
limits
of
such
a
spirituall
censure
as
Excommunication
is
,
And
also
that
depriuation
or
deposition
from
temporall
kingdomes
is
not
an
effect
of
Excommunication
,
Widdrington
hath
shewed
at
large
heretofore
,
and
Becanus
and
Suarez
doe
also
in
expresse
words
affirme
the
same
.
Widdrington
in
his
Apologie
nu.
346.
in
his
Answer
to
Suarez
part.
2.
sect.
4.
and
in
his
Answer
to
Fitzher
.
part.
3.
cap.
1.
From
hence
it
is
very
apparant
saith
Becanus
,
Becanus
in
quest.
de
fide
haereticis
seruanda
ca.
8.
nu.
16.
and
in
his
Controuersia
Anglic.
cap.
3.
qu.
2.
that
Heretikes
by
this
precisely
that
they
are
excommunicated
,
are
not
depriued
of
their
Dominion
or
Iurisdiction
either
ouer
their
subiects
,
or
ouer
their
temporall
goods
,
but
this
depriuation
is
a
destinct
punishment
,
and
inflicted
by
a
destinct
law
.
And
againe
,
It
is
one
thing
,
saith
he
,
to
excommunicate
a
King
,
and
another
thing
to
depose
him
,
or
depriue
him
of
his
Kingdome
,
neither
is
the
one
necessarily
connected
with
the
other
.
Many
Kings
and
Emperours
haue
beene
excommunicated
,
and
yet
not
therefore
deposed
,
and
contrariwise
many
deposed
,
and
yet
not
therefore
excommunicated
.
See
also
Suarez
cited
by
Widdrington
in
his
Apologie
,
Suarez
tom.
5.
disp.
15.
sect.
6.
nu.
3.
and
in
his
answere
to
Suarez
and
Fitzherbert
.
4.
And
therefore
in
very
truth
I
am
sorie
,
and
doe
in
some
sort
pittie
the
Author
of
the
Prelate
and
the
Prince
(
a
man
whom
heretofo●e
I
haue
much
loued
,
respected
,
and
honoured
)
that
he
should
so
grosly
forget
himselfe
,
as
to
bewray
so
palpably
such
great
want
of
learning
,
iudgement
,
and
sinceritie
,
in
affirming
so
boldly
,
and
without
any
proofe
at
all
,
Pag.
298.
that
depriuation
of
Regall
authoritie
is
an
effect
of
excommunicating
Kings
and
Princes
,
and
so
in
denying
the
effect
,
the
cause
is
denyed
.
For
as
,
saith
he
,
if
you
should
say
,
A
man
is
not
risibilis
,
that
is
,
hath
not
power
to
laugh
,
you
should
deny
him
to
be
a
man
,
so
in
denying
that
the
Pope
can
depriue
Princes
of
their
Kingdomes
,
you
deny
in
effect
that
he
can
excommunicate
.
Whereas
this
Authour
knew
right
well
,
that
Widdrington
in
that
very
Chapter
which
hee
citeth
,
did
,
by
the
expresse
doctrine
of
Suarez
and
Becanus
,
but
now
related
,
cleerely
prooue
against
Lessius
,
(
who
vrged
euen
as
nakedly
and
without
any
proofe
at
all
the
same
obiection
)
that
depriuation
is
no
effect
at
all
of
Excommunication
,
much
lesse
proprium
quarto
modo
,
as
risibilis
,
a
power
to
laugh
is
to
a
man
,
as
this
Authour
most
vnlearnedly
affirmeth
.
And
yet
forsooth
he
taketh
vpon
him
,
as
it
may
appeare
by
the
very
Title
and
Inscription
of
his
Treatise
,
to
giue
a
full
Instruction
and
appeasement
to
the
consciences
of
English
Catholikes
concerning
the
Oath
of
Allegiance
.
But
this
shall
suffice
at
this
present
for
an
imperfect
portraying
of
this
Authours
want
of
iudgement
and
sinceritie
in
his
Explication
of
the
Oath
of
Allegiance
,
(
especially
if
wee
consider
his
person
,
the
Office
hee
now
beareth
,
and
the
doctrine
which
in
former
times
hee
held
)
for
that
(
as
I
am
told
)
his
perfect
Picture
both
in
this
and
other
points
is
alreadie
drawne
,
and
will
be
set
forth
in
liuely
colours
ere
it
be
long
.
5.
Secondly
,
it
is
euident
by
the
former
Obseruations
,
that
those
wordes
[
Heires
and
Successours
]
doe
not
signifie
Vsurpers
,
as
some
would
wrest
them
contrarie
to
the
meaning
of
the
Law
,
the
plaine
and
common
signification
of
the
wordes
,
and
the
rules
before
alleaged
:
For
albeit
this
word
[
Successour
]
may
in
generall
bee
taken
for
euery
Successour
,
who
either
vnlawfully
or
vnlawfull
doth
succeed
,
yet
particularly
and
properly
when
it
is
placed
in
a
Law
,
it
is
vsually
taken
only
for
a
lawfull
Successour
:
wherefore
according
to
that
rule
of
the
Ciuill
Law
before
mentioned
in
the
second
Obseruation
,
that
the
doubtfull
words
of
euery
Law
must
be
taken
in
that
sense
,
which
is
without
default
,
this
word
[
Successours
]
must
in
this
Oath
established
by
His
Maiesties
Law
bee
limited
only
to
lawfull
Successours
,
and
who
according
to
the
Lawes
of
the
Kingdome
doe
succeed
.
For
as
according
to
Law
,
Id
tantum
possumus
quod
iure
possumus
:
We
can
only
doe
that
,
which
wee
can
doe
lawfully
or
by
Law
,
so
according
to
Law
,
he
only
is
accounted
to
succeed
,
who
by
lawfull
right
doth
succed
.
Whereupon
the
Ciuill
Lawyers
doe
define
Inheritance
,
to
be
a
succeding
to
all
the
right
of
one
deceased
,
and
an
Heire
,
who
succeedeth
him
in
all
his
right
,
without
adding
lawfull
succeeding
,
or
lawfully
succeedeth
,
for
that
it
is
alwayes
so
to
bee
vnderstood
,
and
therefore
being
necessarily
supposed
,
it
is
not
expressed
,
but
altogether
omitted
in
the
definitions
of
an
Heire
and
of
Inheritance
.
And
whensoeuer
in
the
Common
or
Statute
Lawes
of
this
Kingdome
any
mention
is
made
of
the
King
and
his
Successours
,
this
word
[
lawfull
]
is
but
few
times
added
,
although
alwayes
it
ought
to
be
vnderstood
.
6
,
Thirdly
,
it
is
also
euident
by
the
former
Obseruations
,
that
by
those
words
[
Treasons
and
Trayterous
Conspiracies
]
are
only
vnderstood
true
,
proper
,
and
naturall
Treasons
,
and
which
among
all
Nations
,
what
Religion
soeuer
they
professe
,
are
accounted
Treasons
,
and
repugnant
to
naturall
Alleagiance
and
Temporall
and
Ciuill
Obedience
,
and
not
such
Treasons
,
which
in
regard
chiefly
of
Religion
are
by
the
positiue
Lawes
of
some
Nations
made
Treasons
,
and
accounted
Treasons
onely
for
that
they
are
punished
with
the
penalties
which
are
due
to
proper
and
naturall
Treasons
,
as
are
the
comming
in
of
English
Priests
into
this
Kingdome
made
by
the
Popes
authoritie
,
and
all
reconcilements
to
the
Pope
,
though
in
matters
that
concerne
Religion
.
For
as
His
Maiestie
and
the
Parliament
haue
declared
,
the
only
intent
of
this
Oath
is
to
contayn
the
profession
of
naturall
Allegiance
,
and
such
ciuill
and
temporall
dutie
and
obedience
,
which
euery
true
and
well-affected
subiect
ought
by
the
Law
of
God
to
beare
to
their
lawfull
Prince
and
Soueraigne
with
a
promise
to
resist
and
disclose
all
contrarie
vnciuill
violence
.
For
to
preuent
such
hainous
attempts
and
mischiefes
,
which
in
time
to
come
might
be
plotted
by
the
example
of
the
Powder-Traytours
,
who
vnder
colour
of
Religion
attempted
that
barbarous
and
deuillish
Conspiracie
,
this
forme
of
Oath
was
framed
,
saith
His
Maiestie
,
In
his
Apologie
,
pag.
2.
nu.
2.
to
bee
taken
by
all
my
subiects
,
whereby
they
should
make
cleere
profession
of
their
resolution
,
faithfully
to
persist
in
obedience
vnto
me
,
acrording
to
their
naturall
Allegiance
;
to
the
end
that
I
might
hereby
make
a
separation
,
not
only
betweene
all
my
good
subiects
in
generall
,
and
vnfaithfull
Traytours
that
intended
to
draw
themselues
from
my
Obedience
;
but
specially
to
make
a
separation
betweene
so
many
of
my
subiects
,
who
although
they
were
otherwise
Popishly
affected
,
yet
retayned
in
their
hearts
the
print
of
their
naturall
dutie
to
their
Soueraigne
;
and
those
who
being
carryed
away
with
the
like
fanaticall
zeale
,
that
the
Powder-Traytours
were
,
could
not
contayne
themselues
within
the
bounds
of
their
naturall
Allegiance
,
but
thought
diuersitie
of
Religion
a
safe
pretext
for
all
kinde
of
Treasons
and
Rebellions
against
their
Soueraigne
.
Wherby
it
is
apparant
,
that
only
such
Treasons
and
Trayterous
Conspiracies
are
here
vnderstood
,
which
are
repugnant
and
contrarie
to
naturall
Allegiance
,
and
not
such
Treasons
which
are
not
naturall
Treasons
,
but
only
in
regard
of
Religion
are
by
positiue
Lawes
made
Treasons
,
and
to
be
punished
with
the
ordinary
penalties
of
true
proper
and
naturall
Treason
.
And
in
this
sense
also
those
thirteene
Reuerend
Priests
vnderstood
the
words
Conspiracies
,
Attempts
,
and
Practises
in
their
Protestation
.
CHAP.
IIII.
The
Fourth
Branch
of
the
Oath
and
an
Explication
thereof
.
"
ANd
I
doe
further
sweare
,
That
I
doe
from
my
heart
abhorre
,
detest
,
and
abiure
,
as
impious
and
hereticall
this
damnable
doctrine
,
and
position
,
That
Princes
which
bee
excommunicated
or
depriued
by
the
Pope
,
may
be
deposed
or
murthered
by
their
subiects
,
or
any
other
whatsoeuer
.
1.
Although
this
Branch
may
at
the
first
sight
seeme
somewhat
suspicious
in
regard
of
that
word
hereticall
,
yet
if
it
be
duly
examined
,
according
to
the
former
Obseruations
,
it
will
easily
appeare
,
that
it
contayneth
no
such
difficultie
,
as
some
impugners
of
the
Oath
would
seeme
to
imagine
,
but
that
if
it
bee
lawfull
to
abhorre
,
detest
,
and
abiure
the
aforesaid
position
,
as
cleerely
false
and
iniurious
to
Princes
,
which
the
former
Discourse
doth
plainly
conuince
,
it
is
also
lawfull
to
abiure
it
as
hereticall
:
or
,
which
is
all
one
,
as
contayning
in
it
a
falshood
,
which
is
repugnant
not
onely
to
naturall
reason
,
but
also
to
the
Word
of
God
reuealed
in
the
holy
Scriptures
:
For
,
as
euery
Doctrine
and
position
,
which
is
agreeable
to
that
truth
,
which
God
hath
reuealed
,
is
to
be
accounted
of
faith
:
so
contrariwise
,
euerie
Doctrine
and
position
,
which
contayneth
in
it
a
falshood
,
which
is
repugnant
to
the
Word
of
God
reuealed
in
the
holy
Scriptures
,
is
to
be
accounted
hereticall
,
and
repugnant
to
faith
.
And
in
this
sence
,
the
word
hereticall
is
not
onely
by
all
Protestants
,
but
also
by
many
learned
Catholique
Diuines
commonly
and
vsually
taken
,
as
Widdrington
hath
shewed
at
large
in
his
answer
to
Fitz
herbert
.
Widdrington
in
his
Adioinder
to
the
first
and
second
part
.
5.
Neyther
is
it
necessarie
,
that
we
must
take
the
word
hereticall
,
as
likewise
no
other
ambiguous
word
contayned
in
this
Oath
,
in
that
strict
and
rigorous
sense
,
wherein
some
Catholickes
take
the
word
hereticall
,
to
wit
,
for
that
doctrine
which
not
onely
contayneth
a
falshood
repugnant
to
the
holy
Scriptures
,
but
also
which
by
the
Church
or
a
generall
Councell
,
which
representeth
the
Church
,
is
expresly
and
particularly
declared
and
defined
so
to
be
,
but
it
sufficeth
that
we
take
the
word
,
hereticall
,
in
a
proper
and
vsuall
signification
,
and
wherin
Catholickes
doe
commonly
take
it
,
especially
when
this
common
sense
is
agreeable
to
the
meaning
and
vnderstanding
of
the
Law-maker
:
for
that
,
according
to
the
approued
rule
before
set
downe
in
the
second
obseruation
,
in
a
penall
and
odious
matter
,
when
the
wordes
of
any
Law
are
doubtfull
or
ambiguous
,
and
there
be
many
common
senses
of
the
same
word
or
sentence
,
we
ought
to
take
them
in
that
common
sense
,
which
is
more
fauourable
,
especially
when
it
is
not
against
the
meaning
of
the
Law-maker
.
6.
Neither
also
is
it
necessarie
to
make
any
Doctrine
or
Position
to
be
hereticall
,
that
the
proposition
with
all
particular
circumstances
therein
expressed
,
must
bee
contained
in
the
holy
Scriptures
,
but
it
sufficeth
,
that
it
contain
a
particular
falshood
,
which
onely
in
the
generall
is
expressed
in
the
holy
Scriptures
,
and
that
no
particular
word
,
or
circumstance
bee
added
in
the
particular
proposition
,
which
doth
make
it
not
to
be
contayned
in
the
generall
falshood
,
as
a
particular
in
the
vniuersall
.
For
which
cause
,
these
propositions
,
It
is
lawfull
for
one
to
take
from
his
neighbour
his
purse
,
or
to
murther
him
with
a
pistoll
,
if
hee
liue
a
wanton
or
wicked
life
,
are
hereticall
,
and
repugnant
to
those
words
of
holy
Scripture
,
Thou
shalt
not
steale
,
Thou
shalt
not
kill
,
Exod.
20.
although
those
particularities
of
being
a
wanton
or
wicked
man
,
or
of
killing
him
with
a
pistoll
,
are
not
expresly
contained
in
the
holy
Scriptures
,
because
they
doe
not
giue
any
warrant
to
stealing
or
killing
,
or
make
that
particular
stealing
or
killing
not
be
included
in
those
generall
words
,
Thou
shalt
not
steale
,
Thou
shalt
not
kill
.
7.
First
therefore
,
although
by
reason
of
the
matter
of
this
Branch
we
may
truely
abiure
as
hereticall
,
not
onely
the
Doctrine
of
murthering
,
but
also
of
deposing
Princes
,
which
are
excommunicated
or
depriued
by
the
Pope
,
yet
if
we
onely
regard
the
force
and
vertue
of
the
expresse
words
,
according
to
the
plaine
and
common
sense
and
vnderstanding
of
them
,
to
which
the
seuenth
clause
of
the
Oath
tyeth
the
swearer
,
we
are
not
bound
to
abiure
both
Doctrines
as
hereticall
,
but
it
sufficeth
,
by
vertue
of
the
words
,
to
abiure
as
hereticall
,
onely
the
Doctrine
of
murthering
such
Princes
,
as
Widdrington
hath
shewed
in
his
Theologicall
Disputation
,
In
his
Theolog.
Disp.
cap.
5.
Sec.
2.
and
proued
more
at
large
in
his
Answer
to
Fitzherbert
,
in
the
end
of
the
second
part
.
And
the
reason
is
,
for
that
to
make
hereticall
a
conditionall
disiunctiue
proposition
,
which
implyeth
a
free
choyce
to
take
eyther
part
of
the
disiunction
if
wee
please
,
it
sufficeth
that
one
part
of
the
disiunction
be
hereticall
,
although
the
other
part
be
not
hereticall
,
but
perchance
most
true
and
of
faith
,
which
contrariwise
happeneth
in
an
absolute
disiunctiue
proposition
,
which
supposeth
and
implyeth
no
such
condition
or
choyce
.
As
for
example
,
This
proposition
,
It
is
lawfull
for
any
man
to
honour
or
blaspheme
God
,
if
hee
will
,
or
,
which
is
all
one
in
sence
with
this
,
Any
man
may
lawfully
honour
or
blaspheme
God
,
is
false
and
hereticall
,
and
may
be
abiured
as
hereticall
,
although
one
part
only
thereof
be
hereticall
,
and
the
other
part
of
faith
:
For
such
conditional
disiunctiue
propositions
,
for
as
much
as
concerneth
the
truth
or
falshood
of
them
,
doe
not
follow
the
nature
of
an
absolute
and
ordinarie
disiunctiue
proposition
,
but
of
a
copulatiue
proposition
,
to
the
veritie
whereof
is
required
,
that
both
parts
must
be
true
,
and
to
make
it
false
and
hereticall
,
it
sufficeth
that
onely
one
part
thereof
bee
false
and
hereticall
,
whereas
contrariwise
to
the
veritie
of
an
absolute
disiunctiue
proposition
,
which
implyeth
no
such
choyce
or
condition
,
it
sufficeth
that
one
part
thereof
be
true
,
and
to
make
it
false
and
hereticall
,
both
parts
therof
must
needes
be
false
and
hereticall
:
for
which
cause
this
proposition
,
God
is
honoured
or
blasphemed
by
good
and
vertuous
men
,
is
true
,
because
one
part
of
the
disiunction
is
true
,
and
this
proposition
,
God
is
honoured
and
blasphemed
by
good
and
vertuous
men
,
is
false
,
because
both
parts
of
the
proposition
are
not
false
,
but
one
of
them
is
true
.
8.
That
this
proposition
,
Subiects
may
lawfully
depose
,
or
murther
their
Prince
,
who
is
excommunicated
or
depriued
by
the
Pope
,
or
which
in
sence
is
all
one
with
the
Doctrine
and
position
contayned
in
this
Branch
of
the
Oath
(
seeing
that
onely
the
Verbe
passiue
is
changed
into
the
actiue
)
is
such
a
conditionall
disiunctiue
proposition
,
as
implyeth
a
free
choyce
and
condition
to
take
eyther
part
of
the
disiunction
if
wee
please
,
as
likewise
all
such
disiunctiue
propositions
,
wherein
the
Coniunction
[
or
]
followeth
the
Verbe
[
may
]
doe
imply
and
suppose
,
according
to
the
vsuall
signification
of
our
English
phrase
,
a
free
choyse
and
condition
to
take
eyther
part
of
the
disiunction
if
we
please
,
Widdrington
proueth
by
many
examples
of
propositions
,
neyther
can
there
be
alledged
scarce
any
one
proposition
,
wherein
it
is
not
commonly
so
taken
.
As
for
example
,
You
may
stay
here
or
depart
:
You
may
eat
or
drinke
:
you
may
buy
in
such
a
place
Wine
or
Oyle
:
You
may
haue
in
the
shambles
Beefe
or
Mutton
:
You
may
goe
to
such
a
place
by
land
or
by
water
:
You
may
buy
that
land
in
fee-farme
or
by
lease
.
The
King
by
vertue
of
an
Act
of
Parliament
,
may
take
of
conuicted
Popish
Recusants
,
twentie
pounds
for
euerie
moneth
,
or
the
third
part
of
all
their
lands
.
The
Sherife
may
presently
hang
a
theefe
condemned
to
die
,
or
delay
his
death
for
some
small
time
.
If
any
person
hold
any
lands
of
any
other
Lord
,
then
of
the
King
,
by
Knights
seruice
,
he
may
giue
,
dispose
,
or
assure
by
his
last
Will
and
Testament
,
two
parts
of
the
said
lands
holden
by
Knights
seruice
,
or
of
as
much
thereof
as
shall
amount
to
the
full
yearely
value
of
two
parts
.
If
a
man
by
his
last
Will
and
Testament
ordayne
,
that
his
Executors
may
bestow
twentie
pounds
vpon
the
poore
,
or
repayre
such
a
Bridge
,
it
is
in
the
free
power
of
the
Executor
to
chuse
whether
of
those
two
he
please
.
Finally
,
in
clauses
of
reuocation
,
where
the
words
are
,
That
one
may
by
any
deed
in
his
life
time
,
or
by
his
last
Will
and
Testament
,
reuoke
the
sayd
vses
,
and
limit
new
,
it
is
in
his
free
power
and
choyce
,
to
doe
it
by
the
one
or
by
the
other
,
as
he
shall
thinke
good
.
In
these
,
&
infinite
such
like
examples
,
which
may
bee
brought
,
the
Verbe
[
may
]
implyeth
a
free
power
to
chuse
eyther
part
of
the
disiunction
one
pleaseth
,
neyther
can
there
scarcely
bee
alledged
any
one
example
,
wherein
the
Coniunction
disiunctiue
[
or
]
immediatly
following
the
Verbe
[
may
]
is
not
commonly
so
taken
:
and
especially
when
the
latter
part
of
the
disiunction
,
which
is
affirmed
,
is
no
way
lesse
certayne
,
but
rather
more
certaine
then
the
former
part
:
which
note
,
I
wish
the
Reader
to
obserue
chiefly
for
the
Doctrine
of
this
present
clause
,
which
doth
not
affirme
,
that
Princes
beeing
excommunicated
or
depriued
by
the
Pope
,
may
be
murthered
or
deposed
by
their
subiects
,
for
then
some
might
imagine
the
sense
to
be
that
such
Princes
may
be
murthered
or
at
least
wise
deposed
,
because
the
deposing
of
such
Princes
,
is
lesser
then
the
murthering
of
them
,
but
seeing
that
it
is
affirmed
,
that
such
Princes
may
be
deposed
or
murthered
,
it
is
manifest
,
that
the
Coniunction
[
or
]
can
not
signifie
at
least
wise
,
because
if
the
Doctrine
of
deposing
such
Princes
may
be
abiured
as
hereticall
,
much
more
and
not
much
lesse
the
Doctrine
of
murthering
them
may
bee
abiured
as
hereticall
.
9.
And
by
this
it
is
apparant
,
that
to
abiure
as
hereticall
this
Doctrine
,
&
conditionall
disiunctiue
position
,
That
Princes
which
be
excommunicated
or
depriued
by
the
Pope
,
may
be
deposed
or
murthered
by
their
subiects
,
or
any
other
whatsoeuer
;
it
sufficeth
by
force
and
vertue
of
the
words
,
onely
to
abiure
as
hereticall
the
Doctrine
of
murthering
such
Princes
,
although
,
by
reason
of
the
matter
,
it
be
lawfull
(
as
you
shal
see
forthwith
)
to
abiure
as
hereticall
not
onely
the
Doctrine
of
murthering
,
but
also
of
deposing
such
Princes
.
10.
That
the
Doctrine
of
murthering
such
Princes
is
hereticall
,
or
,
which
is
all
one
,
contayneth
in
it
a
manifest
falshood
,
which
is
repugnant
to
the
Word
of
God
,
it
is
euident
by
those
two
places
of
holy
Scripture
cited
by
Widdrington
,
Thou
shalt
not
kill
,
Exod.
20.
which
words
are
generall
and
common
to
euerie
vniust
killing
,
and
Kill
him
not
,
for
who
shall
extend
his
hand
vpon
the
Lords
annoynted
,
and
bee
innocent
,
1.
Reg.
26.
Which
wordes
are
proper
and
peculiar
to
the
murthering
of
Princes
.
Neyther
doth
the
excommunicating
,
or
depriuing
of
Princes
by
the
Pope
,
which
are
added
in
this
Doctrine
and
position
,
giue
sufficient
warrant
to
murther
such
Princes
,
although
wee
should
admit
that
the
Pope
hath
authoritie
to
depriue
them
;
for
that
Excommunication
depriueth
onely
of
spirituall
graces
,
and
depriuation
onely
of
temporall
Kingdomes
,
but
neyther
of
them
of
corporall
life
,
as
Suarez
also
confesseth
.
Suarez
in
defens
.
&c.
lib.
6.
cap.
4.
nu.
10.
&
seq
.
Yea
we
may
truely
abiure
as
manifestly
false
,
damnable
,
and
repugnant
to
those
words
of
holy
Scriptures
,
Thou
shalt
not
kill
,
and
consequently
as
hereticall
,
this
Doctrine
and
position
,
That
it
is
lawfull
for
euery
man
to
kill
a
malefactour
,
who
is
condemned
by
the
Iudge
to
dye
,
for
that
the
sentence
of
death
denounced
against
him
by
the
Iudge
doth
not
giue
leaue
,
licence
,
warrant
,
and
commission
to
euerie
man
to
put
him
to
death
,
but
onely
to
the
Sherife
,
or
others
,
who
are
appoynted
Executioners
of
iustice
in
that
case
.
11.
That
the
Doctrine
also
of
deposing
such
Princes
is
hereticall
,
and
contayneth
a
manifest
falshood
repugnant
to
the
Word
of
God
,
it
is
euident
;
for
that
to
take
away
by
force
and
violence
the
Crowne
and
Kingdome
of
a
Prince
who
is
in
possession
thereof
,
only
vpon
a
probable
or
controuersed
title
,
is
open
iniustice
,
as
you
haue
seene
before
in
the
fift
Obseruation
;
and
consequently
Theft
and
Rapine
in
a
most
high
degree
,
and
therefore
repugnant
both
to
that
precept
of
the
Decalogue
,
Thou
shalt
not
steale
,
and
to
the
third
Commaundement
,
Honour
thy
Father
and
Mother
,
wherein
the
honour
and
reuerence
,
which
is
due
from
subiects
to
their
Prince
,
who
is
the
Father
of
the
Countrie
,
is
according
to
the
doctrine
of
all
Diuines
included
,
and
it
is
also
specially
against
that
commaundement
of
our
Sauiour
,
Render
to
Caesar
the
things
that
are
Caesars
,
which
precept
includeth
also
the
negatiue
,
not
to
take
away
from
Caesar
that
which
is
his
due
,
Matth.
22.
as
contrariwise
that
precept
,
Thou
shalt
not
steale
,
includeth
also
the
affirmatiue
,
to
render
and
restore
backe
what
hath
beene
wrongfully
taken
away
.
Wherefore
there
is
no
more
scruple
to
be
made
,
to
abiure
the
aforesaid
Doctrine
and
position
as
impious
,
damnable
,
and
heretical
,
then
to
abiure
it
as
manifestly
false
and
iniurious
to
Princes
,
seeing
that
the
manifest
falshood
and
iniustice
contayned
therein
,
is
expresly
repugnant
to
the
word
and
commaundement
of
God
reuealed
to
vs
in
the
holy
Scriptures
:
and
it
is
also
grounded
vpon
these
two
manifest
principles
,
and
which
without
manifest
impudency
cannot
be
denyed
by
any
man
;
The
one
,
that
it
is
a
contouersie
among
Catholicks
,
whether
the
Pope
hath
authoritie
to
depriue
Princes
,
&
the
other
,
that
it
is
open
iniustice
to
depose
,
or
to
thrust
one
out
of
his
possession
vpon
a
title
,
which
is
not
most
certaine
but
in
controuersie
.
12.
Lastly
,
I
wish
the
Reader
to
consider
the
third
and
last
exposition
of
this
Branch
,
which
Widdrington
brought
in
his
Theologicall
Disputation
,
and
defendeth
at
large
in
,
his
Answere
to
Fitz-herberts
Reply
against
the
same
,
to
wit
,
that
albeit
in
regard
of
the
matter
,
wee
may
lawfully
abiure
for
heretical
,
the
doctrine
not
only
of
murthering
,
but
also
of
desposing
Princes
,
which
bee
excommunicated
or
depriued
by
the
Pope
,
yet
,
by
force
and
vertue
of
the
wordes
,
wee
are
not
bound
to
abiure
either
the
doctrine
of
deposing
,
or
also
of
murthering
such
Princes
,
for
hereticall
,
but
only
as
hereticall
,
that
is
,
for
a
very
false
and
iniurious
doctrine
in
the
highest
degree
almost
of
falshood
and
iniustice
,
and
which
therefore
in
regard
of
the
abhorring
,
detesting
,
and
abiuring
thereof
,
hath
some
resemblance
and
similitude
with
hereticall
doctrine
,
although
we
take
the
word
hereticall
in
the
most
strict
and
rigorous
sense
that
may
be
.
And
the
reason
is
,
for
that
the
Aduerbe
[
as
]
being
an
Aduerbe
of
similitude
,
doth
properly
and
vsually
by
force
and
vertue
of
the
word
denote
only
a
similitude
,
and
if
at
any
time
it
signifie
an
identitie
,
equalitie
,
or
realtie
,
as
(
sometimes
it
doth
,
but
most
commonly
it
doth
not
)
it
is
not
by
force
of
the
word
,
but
only
in
regard
of
the
matter
,
to
which
it
is
applyed
.
And
this
Explication
will
serue
very
well
to
conuince
the
wilfulnesse
of
him
,
who
out
of
his
hatred
to
this
Oath
,
will
contrarie
to
all
reason
,
and
the
rules
before
assigned
out
of
Suarez
,
needes
haue
the
word
hereticall
to
bee
taken
only
for
that
,
which
the
definition
of
the
Church
maketh
hereticall
,
and
which
before
was
not
hereticall
,
although
it
was
most
euidently
false
,
and
repugnant
to
the
holy
Scriptures
,
and
the
word
impious
only
for
that
,
which
is
against
pietie
,
which
is
due
to
God
or
carnall
Parents
,
albeit
otherwise
it
bee
neuer
so
wicked
and
iniurious
to
Princes
who
are
the
Fathers
of
the
Countrie
.
For
we
may
verie
well
answere
him
,
that
the
Aduerbe
as
being
an
Aduerbe
of
similitude
,
and
by
force
of
the
word
,
and
,
according
to
the
plaine
and
common
sense
and
vnderstanding
of
the
same
,
signifying
only
a
similitude
,
&
not
a
reality
,
but
in
regard
of
the
matter
to
which
it
is
referred
,
doth
in
this
Branch
denote
only
a
similitude
of
that
strict
and
rigorous
Heresie
and
Impietie
,
because
the
matter
,
to
which
it
is
applyed
,
will
not
suffer
it
to
signifie
a
doctrine
impious
and
hereticall
in
that
strict
and
rigorous
manner
,
but
only
by
way
of
comparison
and
similitude
:
and
then
the
sense
and
meaning
of
this
Branch
is
,
that
I
doe
abhorre
,
detest
,
and
abiure
that
doctrine
and
position
as
impious
and
hereticall
,
that
is
,
in
a
most
high
degree
of
horror
and
detestation
,
and
not
much
vnlike
to
the
detesting
of
that
doctrine
,
which
is
impious
and
hereticall
,
in
that
ouermuch
strict
and
rigorous
manner
.
Neuerthelesse
this
Explication
,
as
hath
beene
shewed
aboue
,
is
not
necessary
,
but
only
for
such
wilfull
persons
,
as
do
seeke
to
expound
the
wordes
of
the
Oath
in
the
most
odious
sense
,
contrarie
to
the
plaine
and
common
vnderstanding
of
them
,
and
the
true
meaning
of
the
Law-maker
.
CHAP.
V.
The
Fift
Branch
of
the
Oath
,
and
an
Explication
thereof
.
ANd
I
doe
beleeue
,
and
in
conscience
am
resolued
,
that
neither
the
Pope
nor
any
person
whatsoeuer
hath
power
to
absolue
me
of
this
Oath
,
or
any
part
thereof
.
1.
This
Clause
hath
in
it
no
more
difficultie
,
then
is
in
the
former
,
seeing
that
it
implieth
,
supposeth
,
and
is
grounded
vpon
the
iustice
and
veritie
of
the
Third
and
Second
Branch
.
First
,
therefore
by
those
wordes
.
[
And
I
doe
beleeue
]
is
not
vnderstood
a
supernaturall
beliefe
,
but
only
a
morall
credulitie
,
as
the
next
wordes
[
and
in
conscience
am
resolued
]
which
are
an
explication
of
the
former
,
doe
sufficiently
declare
:
and
the
sense
of
them
is
,
that
I
doe
thinke
and
am
perswaded
in
my
conscience
,
that
neither
the
Pope
,
&c.
For
it
cannot
with
any
reason
be
imagined
,
that
the
words
which
are
last
added
,
must
diminish
,
but
rather
increase
,
or
at
least
wise
more
fully
declare
the
truth
and
veritie
of
the
former
wordes
:
As
for
example
,
it
were
vnaptly
spoken
to
say
,
that
such
a
one
is
a
man
,
and
also
a
liuing
creature
;
Princes
may
be
murthered
,
and
also
deposed
by
the
Pope
:
I
doe
most
certainly
beleeue
so
,
and
also
I
doe
thinke
or
am
perswaded
so
.
2.
Secondly
,
the
meaning
of
this
Clause
is
not
to
deny
the
Popes
power
to
absolue
,
or
dispence
in
Oaths
in
generall
,
but
only
in
this
Oath
,
or
any
part
thereof
,
as
the
expresse
wordes
doe
plainly
signifie
;
neither
doth
it
follow
,
that
because
the
Pope
cannot
dispence
in
this
Oath
,
therefore
hee
cannot
in
other
Oaths
,
wherein
there
is
not
the
like
reason
as
of
this
,
or
that
because
hee
can
dispense
in
other
Oaths
,
wherein
there
is
not
the
like
reason
,
therefore
hee
can
dispence
in
this
.
3.
Thirdly
,
neither
is
it
the
meaning
of
this
Clause
,
that
if
perchance
any
one
should
offend
God
by
taking
this
Oath
against
his
conscience
,
thinking
it
to
be
vnlawfull
,
the
Pope
hath
not
power
to
absolue
him
in
the
Sacrament
of
Penance
from
the
guilt
of
sinne
thereby
committed
,
but
only
the
meaning
is
,
that
the
Pope
hath
not
power
to
absolue
or
dispence
,
with
any
man
in
this
Oath
,
or
any
part
thereof
,
that
is
,
to
free
,
release
,
and
discharge
him
from
performing
any
of
those
things
,
which
in
this
Oath
hee
hath
promised
to
performe
,
or
,
which
is
all
one
,
to
giue
him
leaue
or
licence
to
do
against
that
,
which
in
this
Oath
hee
hath
promised
to
doe
,
or
not
to
doe
.
For
all
the
parts
and
parcels
of
this
Oath
are
either
assertorie
,
as
that
Our
Soueraigne
Lord
King
Iames
is
lawfull
and
rightfull
King
of
this
Realme
,
&c.
and
that
the
Pope
hath
not
any
power
or
authoritie
to
depose
him
,
&c.
or
to
authorize
any
forraigne
Prince
to
inuade
or
annoy
Him
or
His
Countries
,
or
to
discharge
any
of
His
subiects
of
their
Allegiance
,
&c.
and
that
from
my
heart
I
doe
abhorre
,
detest
,
and
abiure
as
impious
and
hereticall
,
&c.
and
no
assertorie
Oaths
can
bee
dispenced
withall
,
neither
hath
the
Pope
any
power
or
authoritie
,
according
to
the
receiued
doctrine
of
all
Diuines
,
to
absolue
any
man
from
the
bond
of
these
kind
of
Oaths
;
So
S.
Thom.
2.
2.
q.
89.
ar.
9.
and
all
other
Diuines
.
And
the
reason
is
,
because
the
matter
of
an
assertorie
Oath
being
of
an
act
present
or
past
,
is
now
made
altogether
necessarie
and
irreuocable
,
for
that
as
soone
as
euer
the
Oath
is
made
,
it
is
either
true
or
false
by
reason
of
the
truth
or
falshood
of
the
act
which
now
is
past
.
Wherefore
seeing
that
it
is
impossible
,
that
the
act
which
is
past
,
be
not
past
,
so
also
it
is
impossible
,
that
the
Popes
Dispensation
or
Absolution
can
alter
it
or
recall
it
:
for
it
is
impossible
,
that
the
act
of
swearing
,
which
is
now
,
or
hath
beene
true
,
be
not
now
,
or
hath
not
beene
true
:
Or
else
they
are
promissorie
,
to
wit
,
wherein
some
thing
is
promised
for
the
future
time
to
bee
done
,
or
not
to
be
done
.
And
only
these
kinde
of
Oathes
can
bee
dispenced
withall
.
For
as
well
saith
Saint
Thomas
,
S.
Thom.
2.
2.
q.
89.
ar.
7.
with
whome
all
other
Diuines
doe
herein
agree
,
the
bond
of
an
Oath
is
referred
to
some
thing
which
is
to
bee
performed
or
omitted
,
wherefore
it
doth
not
appertayne
to
an
assertorie
Oath
which
is
of
a
thing
present
or
past
,
but
only
to
a
promissorie
Oath
.
4.
Now
in
this
Oath
of
Allegiance
only
three
things
are
promised
by
the
swearer
,
all
which
are
contained
in
the
third
Branch
;
to
wit
,
that
notwithstanding
any
declaration
or
sentence
of
Excommunication
or
depriuation
made
or
to
bee
made
against
the
Kings
Maiestie
,
his
Heires
or
Successors
,
First
,
he
will
beare
faith
,
and
true
allegiance
to
his
Maiestie
,
his
Heires
and
Successors
:
Secondly
,
hee
will
defend
them
to
the
vttermost
of
his
power
against
all
Conspiracies
&c.
and
Thirdly
,
he
wil
make
known
vnto
them
all
Treasons
&
trayterous
Conspiracies
,
which
hee
shall
know
or
heare
of
to
bee
made
against
any
of
them
.
Wherefore
there
is
no
more
difficultie
in
this
Clause
,
then
is
in
the
third
,
whereon
this
Clause
is
chiefely
grounded
.
And
therefore
it
is
most
euident
,
that
the
Pope
hath
no
more
authoritie
to
Absolue
,
or
dispence
in
any
of
these
three
things
,
which
the
swearer
promiseth
,
then
hee
hath
authoritie
to
depose
the
King
,
and
to
make
him
no
King
:
for
that
it
is
most
certaine
,
as
Cardinall
Bellarmine
him selfe
confesseth
,
Bell.
in
Tract
.
contra
Barclai
.
cap.
21.
pag.
202.
that
Subiects
are
bound
by
the
Law
of
God
to
beare
faith
and
true
Allegiance
(
which
includeth
the
resisting
and
disclosing
of
all
Treasons
and
Traiterous
Conspiracies
)
to
their
lawfull
Prince
,
so
long
as
he
remaineth
Prince
:
seeing
that
it
is
euident
,
as
well
obserueth
Suarez
,
Suarez
in
Defens
.
&c.
lib.
3.
cap.
3
num.
3.
that
the
obligation
of
obedience
in
any
degree
or
state
whatsoeuer
doth
so
long
endure
in
the
subiect
,
as
the
dignitie
,
or
power
and
iurisdiction
doth
endure
in
the
Superiour
,
for
these
are
corelatiues
,
and
the
one
dependeth
on
the
other
.
Therefore
it
is
manifest
,
that
the
Pope
hath
no
more
authoritie
to
absolue
,
or
dispense
in
this
Oath
,
or
any
part
thereof
,
to
wit
,
in
those
three
things
before
mentioned
,
then
hee
hath
to
make
Kings
no
Kings
,
and
to
depriue
them
of
their
Regall
dignitie
,
power
,
and
iurisdiction
.
5.
Fourthly
,
neither
is
it
the
meaning
of
this
Clause
,
that
the
Pope
hath
not
any
power
to
absolue
the
swearer
from
the
promise
which
hee
maketh
to
performe
those
three
things
mentioned
in
the
third
Branch
,
only
with
this
reduplication
,
as
it
is
sworne
or
confirmed
by
Oath
,
or
,
which
is
all
one
,
only
from
the
sacred
and
religious
bond
of
the
Oath
;
but
the
meaning
is
,
that
the
Pope
hath
not
authoritie
to
absolue
from
this
Oath
or
any
part
thereof
for
as
much
it
concerneth
the
ciuill
and
naturall
obligation
of
temporall
Allegiance
;
both
for
that
,
when
it
is
said
that
the
Pope
hath
authoritie
to
absolue
one
from
an
Oath
,
which
he
hath
made
to
doe
some
certaine
thing
,
the
meaning
is
,
(
according
to
the
plaine
and
proper
signification
of
the
words
,
the
common
Doctrine
of
all
Diuines
,
and
the
vsuall
practices
of
Popes
,
who
when
they
absolue
from
any
Oath
,
they
absolue
from
all
obligation
whatsoeuer
contained
therein
See
the
Canons
Nos
Sanctorum
,
Iuratos
,
Absolutos
.
)
that
the
Pope
,
hath
authoritie
to
release
him
of
that
promise
,
and
to
giue
him
leaue
to
doe
otherwise
then
hee
hath
promised
by
Oath
to
doe
:
And
also
for
that
his
Maiestie
and
the
State
,
according
to
whose
meaning
especially
the
doubtfull
words
of
this
Oath
are
to
bee
vnderstood
and
determined
,
doe
little
regard
this
subtile
quircke
of
refined
wits
,
whether
the
Pope
hath
power
to
absolue
his
Maiesties
subiects
from
the
sacred
and
religious
bond
of
their
naturall
Allegiance
,
or
,
which
is
all
one
,
only
as
it
is
sworne
,
or
confirmed
by
Oath
,
so
that
notwithstanding
the
releasing
of
this
sacred
bond
,
they
may
bee
assured
,
that
the
ciuill
and
naturall
obligation
of
the
subiects
temporall
Allegiance
,
to
the
confirmation
whereof
this
Oath
is
superadded
,
doth
remaine
inuiolable
,
and
indispensable
,
and
by
the
Popes
authoritie
cannot
any
way
be
dissolued
or
diminished
,
but
that
his
Subiects
,
although
they
might
by
the
Popes
authoritie
bee
absolued
from
the
sacred
bond
of
their
Allegiance
as
it
is
confirmed
by
Oath
,
are
neuerthelesse
by
the
Law
of
God
and
Nature
obliged
to
beare
faith
and
true
Allegiance
to
his
Maiestie
,
and
that
therein
the
Pope
hath
no
authoritie
to
dispense
.
6.
And
although
wee
should
for
Disputation
sake
admit
,
that
it
were
the
meaning
of
this
Clause
,
that
the
Pope
hath
no
authoritie
to
absolue
the
swearer
so
much
as
from
the
Sacred
bond
of
this
Oath
,
or
any
part
thereof
,
or
,
which
is
all
one
,
from
any
of
these
three
things
promised
in
the
third
Branch
,
only
with
this
reduplication
as
they
are
sworne
,
or
confirmed
by
Oath
(
of
which
nice
subtiltie
his
Maiestie
and
the
Parliament
by
all
likelihood
little
dreamed
)
yet
any
man
may
with
great
reason
thinke
,
and
in
conscience
be
resolued
,
that
the
Pope
hath
no
such
authoritie
:
for
that
,
according
to
the
common
doctrine
of
Diuines
,
the
Pope
hath
not
power
to
absolue
from
Oaths
,
when
the
absoluing
from
them
tendeth
to
the
temporall
preiudice
of
a
third
person
,
vnlesse
either
directly
or
indirectly
hee
hath
power
to
dispose
of
the
temporall
goods
of
that
person
.
For
hee
hath
not
power
,
saith
Sotus
,
Aragona
,
and
Sayrus
Scotus
lib.
8.
de
Instit.
q.
1.
art.
9.
Aragona
2.
2.
q.
89.
art.
9.
Sayrus
lib.
5.
Thesauri
cap.
8.
num.
4.
to
release
an
Oath
which
one
hath
made
to
another
man
to
pay
him
that
debt
which
he
oweth
him
,
because
he
hath
not
power
to
take
from
another
man
that
which
is
his
owne
,
and
therefore
he
can
not
doe
him
wrong
in
releasing
the
Oath
which
was
made
vnto
him
.
Wherefore
this
difference
is
betweene
Vowes
and
Oaths
,
that
in
changing
and
dispencing
of
Vowes
that
only
must
be
regarded
which
is
more
pleasing
to
God
,
but
in
releasing
of
Oaths
great
caution
must
be
vsed
,
that
no
wrong
be
done
to
a
third
person
.
7.
And
this
is
farre
more
euident
in
the
doctaine
of
Saint
Thomas
,
S.
Thom.
2.
2.
qu.
89.
art.
9.
whom
the
greatest
part
of
Diuines
doe
herein
follow
,
who
houldeth
,
that
the
Pope
cannot
dispence
in
Oaths
by
releasing
directly
the
sacred
obligation
of
the
Oath
,
for
that
this
obligation
is
de
iure
naturae
,
wherein
the
Pope
cannot
dispence
,
but
only
by
declaring
,
that
the
thing
promised
by
Oath
,
which
before
was
a
fit
thing
to
bee
sworne
,
and
therefore
by
vertue
of
the
Oath
to
be
performed
,
so
long
as
it
remayneth
so
,
is
now
,
by
reason
of
some
particular
accident
or
circumstance
,
become
vnlawfull
,
hurtful
,
or
an
hinderance
of
greater
good
,
and
therefore
now
no
fit
matter
to
be
sworne
,
nor
by
vertue
of
the
Oath
to
be
now
any
longer
performed
.
From
whence
it
plainely
followeth
,
that
the
Pope
cannot
absolue
from
this
Oath
of
Allegiance
,
vnlesse
hee
hath
power
to
declare
,
that
temporall
Allegiance
,
which
Subiects
by
the
Law
of
God
,
and
Nature
owe
to
their
lawfull
Prince
so
long
as
he
remaineth
Prince
,
be
vnlawfull
,
hurtfull
,
or
an
hinderance
of
greater
good
,
which
he
cannot
in
any
wise
declare
,
vnlesse
hee
hath
power
to
make
a
King
no
King
.
For
consequently
hee
should
also
declare
,
that
God
and
Nature
commanding
Subiects
to
beare
true
faith
and
Allegiance
to
their
lawfull
Prince
,
should
enioyne
them
an
vnlawfull
or
hurtfull
thing
,
or
which
is
an
hinderance
of
greater
good
,
which
is
impossible
.
And
so
in
this
Clause
there
is
no
more
difficultie
concerning
this
point
of
the
Popes
authoritie
not
to
absolue
from
this
Oath
of
Allegiance
,
or
any
part
thereof
,
then
is
in
the
former
clauses
,
wherein
the
Popes
authoritie
to
depose
Kings
,
and
to
absolue
Subiects
from
their
naturall
allegiance
,
is
denyed
.
8.
Lastly
,
by
those
words
[
nor
any
person
whatsoeuer
]
is
not
vnderstood
the
Kings
Maiestie
:
Both
for
that
in
the
Lawes
of
this
Realme
the
Kings
Maiestie
is
not
vnderstood
by
the
name
of
person
,
or
persons
,
when
the
matter
is
odious
:
&
also
,
as
in
no
penal
law
the
Prince
or
Law-maker
himselfe
is
included
vnder
any
generall
word
,
because
he
is
not
subiect
to
such
laws
,
according
to
that
principle
of
the
law
,
Princeps
legibus
solutus
est
,
The
Prince
is
free
from
lawes
:
Leg
Princeps
.
ff.
de
Legibus
.
so
also
when
it
is
said
in
the
Law
,
that
no
person
whatsoeuer
hath
power
to
dispence
in
that
law
,
or
to
change
or
alter
that
Law
,
the
Law-maker
himselfe
,
who
is
aboue
the
Law
,
is
not
comprehended
vnder
those
generall
words
;
yea
and
,
as
well
obserueth
Salas
and
Sa
,
both
Iesuites
,
In
a
generall
speech
the
person
who
speaketh
is
vnderstood
to
bee
excepted
.
Salas
disp.
21.
de
Legibus
sec.
3.
regula
22.
&
Emanuel
Sa
verbo
Interpretatio
.
nu.
14.
9.
And
although
we
should
admit
,
that
the
Kings
Maiestie
were
included
in
those
wordes
[
nor
any
person
whatsoeuer
]
yet
this
clause
would
neuerthelesse
be
very
true
:
And
the
reason
is
,
for
that
albeit
his
Maiestie
hath
power
to
dispence
with
his
subiects
,
that
they
shall
not
take
this
Oath
,
which
is
not
the
meaning
of
this
Clause
,
yet
he
hath
not
power
to
absolue
them
from
this
Oath
,
or
any
part
thereof
after
they
haue
once
taken
it
,
which
is
the
true
sense
&
meaning
of
this
Branch
.
First
,
for
that
to
dispence
or
absolue
from
Oaths
(
taking
those
words
[
to
dispence
or
absolue
]
according
to
their
proper
signification
,
and
as
they
are
taken
commonly
by
Diuines
)
doth
belong
onely
to
spirituall
and
not
to
temporall
power
.
Wherefore
the
Diuines
make
a
great
difference
betweene
absoluing
or
dispencing
in
Oathes
or
Vowes
,
and
releasing
or
annulling
the
same
;
and
they
affirme
,
that
to
release
or
annull
an
Oath
or
Vow
,
a
temporall
power
,
yea
and
sometimes
priuate
authoritie
may
suffice
,
as
Parents
may
release
and
annull
the
oathes
and
vowes
of
their
children
;
but
to
absolue
or
dispence
in
an
Oath
or
Vow
,
a
spirituall
authoritie
and
iurisdiction
is
necessarily
required
.
But
secondly
,
and
principally
,
for
that
his
Maiestie
hath
not
power
to
release
his
subiects
from
their
temporall
and
naturall
allegiance
,
vnlesse
he
will
cease
to
be
their
Prince
,
because
temporall
allegiance
is
by
the
law
of
God
and
Nature
due
to
him
from
his
Subiects
,
so
long
as
he
remayneth
their
Prince
;
and
therfore
he
cannot
absolue
,
discharge
,
or
release
them
from
the
Obligation
of
this
Oath
or
any
part
thereof
;
or
,
which
is
all
one
,
he
cannot
giue
them
leaue
,
not
to
beare
faith
and
true
allegiance
to
his
Maiestie
,
and
consequently
not
to
defend
him
to
the
vttermost
of
their
power
against
all
Treasons
and
trayterous
conspiracies
,
which
shall
be
made
against
his
Royall
person
,
Crowne
and
dignitie
,
and
not
to
doe
their
best
endeauor
to
disclose
,
and
make
them
knowne
vnto
his
Maiestie
,
seeing
that
to
performe
all
these
things
Subiects
are
bound
by
the
law
of
God
and
Nature
,
wherein
no
temporall
or
spirituall
authoritie
can
dispence
.
And
therefore
the
Authour
of
the
Protestants
Apologie
for
the
Roman
Church
,
trac
.
3.
Sec.
5.
doth
very
well
affirme
,
that
all
Catholikes
are
by
all
Lawes
,
Diuine
and
Humane
,
indissolubly
obliged
in
the
highest
degree
of
all
earthly
Allegiance
to
his
Maiestie
that
now
is
,
as
to
their
true
,
vndoubted
,
lawfull
Soueraigne
liege
Lord
and
King
.
CHAP.
VI.
The
Sixt
Branch
of
the
Oath
,
and
an
Explication
of
the
same
.
WHich
Oath
I
acknowledge
by
good
and
full
authoritie
to
bee
lawfully
ministred
vnto
mee
:
and
doe
renounce
all
pardons
and
dispensations
to
the
contrarie
.
1.
This
Branch
contayneth
in
it
no
difficultie
at
all
,
if
wee
consider
what
hath
beene
said
before
;
to
wit
,
that
in
this
Oath
is
onely
demanded
a
sincere
profession
of
true
temporall
allegiance
,
and
that
no
authoritie
or
obedience
,
which
is
due
to
the
Pope
,
is
denied
therein
:
And
that
to
treat
of
the
Popes
authoritie
,
not
affirmatiuely
what
power
he
hath
,
but
affirmatiuely
what
authoritie
in
temporalls
the
Kings
Maiestie
hath
ouer
his
Kingdome
and
Subiects
;
and
consequently
what
authoritie
in
temporalls
the
Pope
hath
not
ouer
the
said
kingdome
and
subiects
:
and
also
,
that
to
exact
of
Subiects
an
Oath
not
onely
of
their
temporall
allegiance
in
generall
,
but
also
of
such
allegiance
in
particular
,
which
his
Maiestie
and
the
State
shall
for
prudent
reasons
&
motiues
thinke
to
be
necessarie
for
the
preseruation
of
the
Kingdome
from
future
Treasons
,
Inuasions
,
or
Perturbations
,
so
that
it
bee
contayned
within
the
bounds
of
true
temporall
allegiance
,
doth
no
way
exceede
the
limits
of
temporall
authoritie
.
2.
First
therefore
by
those
words
[
good
and
full
authoritie
]
is
not
vnderstood
any
authoritie
of
the
Kings
Maiestie
in
Ecclesiasticall
causes
,
but
onely
in
temporall
matters
,
as
is
the
ministring
of
an
Oath
of
true
temporall
allegiance
.
For
although
his
Maiesty
be
perswaded
,
that
hee
hath
full
and
supreme
authoritie
not
onely
in
temporall
,
but
also
in
Ecclesiastical
affaires
,
for
externall
gouernement
;
and
that
the
Pope
hath
not
ouer
him
or
his
Subiects
within
this
Realme
,
any
authoritie
or
iurisdiction
,
nor
power
to
excommunicate
his
Maiestie
,
yet
his
meaning
is
not
to
meddle
at
all
in
this
Oath
eyther
with
his
owne
,
or
with
the
Popes
Ecclesiasticall
Supremacie
,
but
onely
with
his
owne
temporall
Soueraigntie
,
and
consequently
with
the
Popes
authoritie
not
to
depose
him
,
or
to
dispose
of
his
Kingdome
,
or
to
authorize
any
forraigne
Prince
to
inuade
or
annoy
him
,
or
to
absolue
his
Subiects
from
their
obedience
,
&c.
And
therefore
,
as
I
obserued
before
in
the
third
obseruation
,
wee
must
distinguish
betwixt
his
Maiesties
vnderstanding
or
perswasion
,
and
his
meaning
or
intention
:
for
his
meaning
was
not
to
exact
in
this
Oath
of
His
Subiects
all
which
hee
is
perswaded
he
might
lawfully
exact
of
them
,
but
only
to
demand
of
them
in
this
Oath
a
profession
of
that
temporall
Allegiance
,
which
all
Subiects
are
bound
by
the
Law
of
God
to
giue
to
their
lawfull
Soueraigne
,
as
it
is
manifest
by
the
declaration
both
of
His
Maiestie
and
also
of
the
Parliament
:
and
therefore
Hee
was
carefull
not
to
meddle
with
the
Popes
authority
to
excommunicate
Him
,
3.
Secondly
,
it
is
certaine
,
that
albeit
Christian
Princes
haue
not
authoritie
to
define
and
determine
what
position
is
hereticall
,
or
to
punish
Heretikes
with
spirituall
punishments
(
for
these
are
meere
spirituall
things
)
yet
they
haue
authoritie
to
command
their
subiects
to
abiure
such
positions
as
are
alreadie
defined
,
or
knowne
to
bee
manifestly
false
and
repugnant
to
the
holy
Scriptures
,
for
such
:
and
to
punish
with
temporall
punishments
the
obstinate
maintayners
of
the
same
,
especially
as
the
mayntayning
of
such
positions
is
hurtfull
to
the
publike
temporall
peace
,
whereof
the
King
hath
charge
:
and
who
therefore
may
also
by
the
materiall
Sword
repell
the
wrongs
and
iniuries
offered
to
the
temporall
Kingdome
or
Common-wealth
by
Clergie-men
,
and
also
the
abuses
of
the
spirituall
Sword
,
when
they
tend
to
the
hurt
of
the
ciuill
Common-wealth
,
as
Franciscus
Victoria
,
Ioannes
Parisiensis
,
and
Couerruuias
doe
well
obserue
.
Victoria
Relect.
1.
de
potest
.
Eccles.
sec.
7.
§.
octaua
propositio
.
Parisiensis
de
potest
.
Reg.
&
Pap.
cap.
11.
ad
37.
Couerruu
.
cap.
35.
Practic
.
question
.
Wherefore
a
King
,
saith
Dominicus
Bannes
,
Bannes
2.
2.
q.
11.
ar.
q.
1.
doth
punish
Heretikes
as
most
seditious
Enemies
to
the
peace
of
His
Kingdome
,
which
cannot
be
preserued
without
vnitie
of
Religion
.
And
Marriage
,
saith
Dominicus
Sotus
,
Sotus
in
4.
dist.
29.
q.
1.
ar.
4.
being
a
Sacrament
in
such
sort
,
that
it
is
also
a
ciuill
contract
,
it
nothing
letteth
,
but
that
as
in
the
former
respect
it
belongeth
to
the
Ecclesiasticall
Court
,
so
in
regard
of
the
later
it
is
subiect
also
in
some
sort
to
the
Ciuill
.
Not
that
Princes
can
alter
those
things
which
are
of
the
substance
of
Matrimonie
,
but
that
they
may
punish
them
,
who
contract
they
shall
offend
against
the
publike
peace
:
for
against
those
crimes
,
whose
iudgement
doth
belong
to
the
Ecclesiasticall
Court
,
they
may
also
ordayne
punishments
,
as
they
disturbe
the
peace
of
the
Common-wealth
.
Which
doctrine
of
Sotus
may
in
the
very
like
manner
bee
applyed
to
Heresie
,
which
being
a
spirirituall
offence
in
such
sort
,
that
also
it
disturbeth
the
temporall
peace
of
the
Common-wealth
,
it
nothing
letteth
,
but
that
as
in
the
former
respect
it
belongeth
to
the
Ecclesiasticall
Court
,
so
in
regard
of
the
later
it
is
subiect
also
in
some
sort
to
the
Ciuill
;
not
that
Princes
can
determine
and
define
what
is
Heresie
,
but
that
they
may
punish
Heretikes
,
when
by
defending
hereticall
positions
,
they
shall
offend
against
the
publike
good
.
For
against
those
crimes
,
whose
iudgement
doth
belong
to
the
Ecclesiasticall
Court
,
they
may
also
ordayne
punishments
,
as
they
disturbe
the
peace
of
the
Common-wealth
.
And
therefore
Christian
Princes
haue
good
and
full
power
to
compell
their
Subiects
to
abiure
impious
,
damnable
,
and
hereticall
positions
for
such
,
when
it
is
necessarie
to
the
preseruation
of
the
publike
temporall
peace
,
and
to
discouer
how
their
Subiects
stand
affectted
in
point
of
their
Loyaltie
and
due
Obedience
.
4.
Thirdly
,
it
is
euident
,
that
Clergie-men
being
truely
subiect
to
temporall
Princes
,
in
regard
of
their
naturall
birth
,
and
of
their
liuing
in
Ciuill
Societie
with
others
,
and
consequently
bound
,
according
to
the
common
doctrine
of
Diuines
,
to
obserue
their
iust
Lawes
not
only
virationis
,
but
also
vi
legis
,
by
force
of
the
Law
,
doe
owe
true
Allegiance
to
their
naturall
Prince
,
no
lesse
then
Lay
men
,
and
that
therefore
hee
may
lawfully
demand
of
them
,
as
they
are
Subiects
,
an
Oath
of
their
Allegiance
,
whensoeuer
hee
shall
iustly
suspect
their
fidelitie
.
And
although
some
Clergie-men
should
bee
so
capricious
,
as
to
imagine
,
contrarie
to
the
practice
of
the
Primitiue
Church
,
the
doctrine
of
the
Ancient
Fathers
,
and
manifest
reason
,
that
they
are
not
subiect
at
all
to
the
authoritie
of
temporall
Princes
,
and
thereupon
should
make
a
scruple
to
take
this
Oath
as
lawfully
ministred
to
them
by
good
and
full
authoritie
,
yet
this
could
not
bee
a
sufficient
proofe
,
that
the
Oath
is
vnlawfull
in
it selfe
,
or
that
Lay-men
cannot
lawfully
take
it
,
and
also
acknowledge
,
that
it
is
lawfully
ministred
vnto
them
by
good
and
full
authoritie
.
5.
Lastly
,
in
those
words
[
And
I
doe
renounce
all
Pardons
and
Dispensations
to
the
contrarie
]
is
not
implyed
a
renouncing
in
generall
of
the
Popes
authoritie
to
giue
Pardons
and
Dispensations
,
but
,
as
the
wordes
doe
plainly
signifie
,
in
them
is
only
contayned
a
denyall
of
the
Popes
authoritie
to
dispence
with
the
Swearer
,
or
to
giue
him
leaue
and
license
to
doe
contrarie
to
that
which
hee
hath
promised
in
this
Oath
.
Wherefore
the
veritie
of
these
last
wordes
is
chiefly
grounded
vpon
the
lawfulnesse
of
the
Fift
Branch
.
For
if
the
Pope
hath
no
power
and
authoritie
to
absolue
the
Swearer
from
any
part
of
this
Oath
,
because
those
three
things
before
mentioned
,
which
he
promiseth
to
performe
,
he
is
bound
by
the
Law
of
God
and
Nature
to
performe
,
and
that
therein
no
authoritie
of
Pope
or
Prince
can
dispence
,
it
is
manifest
,
that
hee
may
lawfully
renounce
all
Pardons
and
Dispensations
to
the
contrarie
.
CHAP.
VII
.
The
Seuenth
Branch
of
the
Oath
,
and
an
Explication
thereof
.
"
ANd
all
these
things
I
do
plainly
and
sincerely
acknowledge
and
sweare
according
to
these
expresse
words
by
me
spoken
,
and
according
to
the
plaine
and
common
sense
,
&
vnderstanding
of
the
same
words
without
any
equiuocation
,
or
mentall
euasion
,
or
secret
reseruasion
whatsoeuer
.
1.
This
Branch
is
greatly
to
bee
regarded
,
for
that
it
expresly
declareth
,
in
what
sense
the
Swearer
is
bound
to
take
all
the
parts
and
parcels
of
this
Oath
.
And
first
,
by
those
first
words
And
all
these
things
I
doe
plainly
and
sincerely
acknowledge
and
sweare
,
&c.
]
it
is
manifest
,
that
the
immediate
obiect
of
all
this
Oath
and
euery
part
therof
,
or
,
which
is
all
one
,
that
which
in
all
the
former
Branches
I
doe
directly
and
immediatly
sweare
,
is
my
plaine
and
sincere
acknowledgement
,
to
wit
,
that
our
Soueraigne
Lord
King
Iames
is
the
lawfull
and
rightfull
King
of
this
Realme
,
&c.
and
that
the
Pope
hath
not
any
power
or
authoritie
to
depose
him
,
&c.
and
that
I
will
beare
Faith
&
true
Allegiance
to
His
Maiestie
,
&c.
and
that
from
my
heart
I
doe
abhorre
,
detest
and
abiure
as
impious
and
hereticall
,
&c.
and
that
I
doe
beleeue
and
in
conscience
am
resolued
,
&c.
and
that
it
is
lawfully
ministred
vnto
me
by
good
and
full
authoritie
,
and
that
I
doe
renounce
all
Pardons
and
Dispensations
to
the
contrarie
.
Whereupon
the
Oath
concludeth
thus
:
And
I
doe
make
this
recognition
and
acknowledgement
heartily
,
willingly
and
truly
vpon
the
true
faith
of
a
Christian.
So
that
the
plaine
and
proper
meaning
of
this
Branch
is
,
that
whatsoeuer
I
doe
sweare
in
this
Oath
,
I
doe
sweare
plainly
and
sincerely
according
to
these
expresse
words
,
&c.
2.
Secondly
,
the
meaning
of
those
words
[
without
any
equiuocation
,
&c.
]
is
not
,
that
there
is
not
to
be
found
in
this
Oath
any
equiuocall
wordes
,
and
which
may
not
haue
two
proper
and
vsuall
significations
,
especially
if
they
be
taken
barely
and
by
themselues
alone
(
for
if
wee
consider
them
as
they
be
ioined
with
other
words
and
make
a
full
and
perfect
sentence
,
and
doe
also
duly
regard
the
intention
of
the
Law-maker
with
the
other
obseruations
before
set
downe
,
we
shall
hardly
find
any
one
sentence
in
this
Oath
so
equiuocall
or
ambiguous
,
that
according
to
the
common
vnderstanding
of
men
it
hath
two
senses
,
equally
common
,
which
is
properly
to
bee
equiuocal
.
)
But
the
plaine
and
proper
meaning
of
those
words
is
,
that
the
Swearer
must
not
in
this
Oath
equiuocate
,
or
vse
any
equiuocation
,
mental
euasion
,
or
secret
reseruation
whatsoeuer
,
but
that
he
must
deale
plainly
and
sincerely
according
to
the
minde
and
intention
of
the
Law-maker
.
For
it
is
one
thing
to
vse
equiuocall
words
,
and
an
other
thing
to
equiuocate
,
or
to
vse
equiuocation
,
because
one
may
vse
equiuocal
words
,
and
not
deceiue
or
delude
the
hearer
,
for
that
hee
vseth
the
words
in
that
sense
,
wherein
the
hearer
vnderstandeth
them
.
But
to
equiuocate
implyeth
a
fraudulent
,
deceitfull
,
and
vnsincere
dealing
by
vsing
the
words
in
an
other
sense
,
then
the
hearer
vnderstandeth
them
.
3.
Wherefore
the
plaine
meaning
of
this
Branch
is
,
that
albeit
in
this
Oath
there
might
bee
found
diuerse
common
senses
of
the
same
wordes
,
yet
the
Swearer
must
not
equiuocate
,
but
hee
must
take
the
wordes
in
that
sense
,
wherin
the
Law-maker
vnderstandeth
them
,
with
whome
hee
is
bound
,
by
vertue
of
this
Branch
,
to
deale
plainly
,
sincerely
,
without
any
guile
,
fraude
,
deceit
,
euasion
,
or
secret
reseruation
whatsoeuer
.
But
if
perchance
there
should
any
difficulty
arise
concerning
any
ambiguous
word
,
or
sentence
contayned
in
this
Oath
,
and
the
will
,
meaning
,
and
intention
of
the
Law-maker
could
not
bee
knowne
,
then
wee
must
vse
those
rules
,
which
,
according
to
the
approued
doctrine
of
all
Diuines
and
Lawyers
,
wee
haue
aboue
set
downe
for
the
interpreting
of
doubtfull
and
ambiguous
speeches
in
any
Law
.
And
namely
among
the
rest
,
that
in
penall
Lawes
and
odious
matters
the
milder
and
more
fauourable
sense
,
and
which
contayneth
in
it
no
absurditie
,
is
to
be
chosen
.
4
Seeing
therefore
that
,
according
to
the
doctrine
of
all
Diuines
,
it
is
not
lawfull
to
equiuocate
,
or
to
vse
equiuocation
,
but
we
must
answere
plainly
and
sincerely
according
to
the
meaning
and
intention
of
the
Iudge
,
when
hee
proceedeth
iuridically
,
and
demandeth
no
vniust
and
vnlawfull
thing
,
but
which
hee
hath
authoritie
to
demand
,
it
is
manifest
,
that
the
veritie
of
this
Branch
dependeth
wholly
vpon
the
lawfulnesse
of
the
Oath
,
and
vpon
the
authoritie
of
the
maker
thereof
,
and
that
consequently
there
is
no
difficultie
in
this
Clause
,
supposing
the
lawfulnesse
of
the
former
Clauses
,
and
that
this
Oath
is
lawfully
ministred
by
good
and
full
authoritie
.
CHAP.
VIII
.
The
Eight
and
last
Branch
of
the
Oath
.
"
ANd
I
doe
make
this
recognition
and
acknowledgement
heartily
,
willingly
,
and
truely
,
vpon
the
true
faith
of
a
Christian
.
So
helpe
mee
God
.
1.
The
lawfulnesse
of
this
Branch
dependeth
wholly
vpon
the
veritie
and
iustice
of
the
former
Clauses
,
and
will
cleerely
appeare
,
if
wee
suppose
,
as
hath
beene
shewed
before
,
that
this
Oath
of
Allegiance
contayneth
in
it
no
falshood
or
iniustice
,
and
that
it
is
ministred
vnder
great
penalties
by
lawfull
authoritie
,
to
make
a
triall
how
his
Maiesties
subiects
stand
affected
in
point
of
their
loyaltie
and
due
obedience
.
For
as
Vasquez
obserueth
very
well
out
of
Aristotle
,
Vasquez
1.
2.
Disp.
51.
cap.
3.
&
disp.
73.
cap.
7.
&
disp.
86.
cap.
5.
with
whom
all
Diuines
and
Philosophers
do
herein
agree
,
to
make
an
act
of
vertue
to
bee
morally
good
and
vertuous
,
it
is
not
only
required
,
that
it
haue
a
good
and
vertuous
obiect
,
but
also
it
must
bee
done
directly
for
the
goodnesse
and
honestie
of
the
vertue
it selfe
,
and
not
for
any
other
end
or
motiue
.
For
otherwise
if
one
doe
acts
of
vertue
,
as
of
iustice
,
or
temperance
,
not
for
iustice
or
temperance
sake
,
but
for
some
other
end
,
as
for
lucre
,
vaine
glorie
,
feare
of
punishment
,
or
any
other
motiue
whatsoeuer
,
he
sholl
doe
,
saith
Aristotle
,
Aristot
.
2.
Ethic.
cap.
4.
iust
or
temperate
actions
,
but
hee
shall
not
doe
them
iustly
or
temperately
,
neither
shall
hee
for
doing
those
actions
be
accounted
a
iust
or
temperate
man
.
Seeing
therefore
that
euery
iust
and
vertuous
man
ought
to
obserue
iust
Lawes
,
not
for
feare
of
punishment
as
the
wicked
do
,
but
heartily
,
willingly
,
and
truely
,
that
is
,
sincerely
,
and
vnfainedly
,
for
the
loue
of
vertue
,
it
is
euident
,
that
euery
good
and
well
affected
subiect
may
and
ought
to
take
this
Oath
of
Allegiance
,
supposing
it
to
be
lawfull
and
ministred
by
good
and
full
authoritie
,
not
for
feare
of
punishment
,
as
likewise
we
ought
to
obserue
God
his
commandements
,
not
for
feare
of
eternall
damnation
,
but
heartily
,
willingly
,
and
vnfainedly
,
for
the
loue
of
vertue
and
obedience
.
Wherefore
it
is
manifest
,
that
euery
good
and
vertuous
Subiect
ought
to
haue
a
farre
greater
willingnesse
in
obseruing
iust
Lawes
,
although
they
be
imposed
vnder
paine
of
death
,
then
hath
a
Merchant
being
in
danger
of
drowning
,
to
cast
ouer
board
his
goods
for
sauing
his
life
:
for
that
a
Merchant
in
that
case
is
only
willing
to
lose
his
goods
,
for
that
otherwise
hee
cannot
escape
the
danger
of
his
life
,
but
euery
vertuous
man
ought
to
obserue
iust
Lawes
heartily
,
willingly
,
and
vnfainedly
,
for
vertue
and
obedience
sake
,
although
hee
were
in
no
danger
of
being
punished
for
not
obseruing
the
same
.
2.
And
thus
thou
seest
good
Reader
,
that
this
new
Oath
of
Allegiance
doth
not
want
either
Veritie
,
Iustice
or
Iudgement
,
as
well
in
regard
of
the
takers
,
as
of
the
makers
&
propounders
of
the
same
:
That
the
State
,
supposing
that
horrible
Powder
Treason
,
which
was
grounded
vpon
colour
and
pretence
of
the
Popes
authoritie
to
take
away
the
Crownes
and
liues
of
Princes
in
order
to
spirituall
good
,
had
iust
cause
to
deuise
a
new
Oath
of
Allegiance
,
wherein
mention
should
bee
made
of
the
aforesaid
authoritie
,
to
make
a
true
difference
,
betwixt
ciuilly
obedient
Subiects
,
and
the
peruerse
disciples
of
those
Powder
Traitors
,
it
is
euident
by
that
which
hath
beene
said
before
in
the
fourth
obseruation
:
and
that
therfore
the
State
in
deuising
and
propounding
such
an
Oath
did
not
want
Iudgement
.
Also
that
the
Subiect
hath
iust
cause
to
take
the
Oath
,
supposing
it
to
bee
lawfull
and
ministred
by
good
and
full
authoritie
,
and
that
consequently
in
taking
it
,
after
he
hath
examined
and
seene
the
lawfulnesse
thereof
,
doth
not
want
Iudgement
,
it
is
as
euident
,
as
that
there
is
no
want
of
Iudgement
to
obserue
the
iust
commandement
of
his
Lawfull
Superiour
,
when
after
due
examination
he
findeth
the
commandement
to
bee
iust
.
And
finally
,
that
no
assertorie
Clause
of
the
Oath
wanteth
Veritie
,
nor
any
Promissorie
Clause
wanteth
Iustice
,
or
,
which
is
all
one
,
that
no
falshood
or
iniustice
is
to
bee
found
in
any
part
or
parcell
of
the
Oath
,
it
is
manifest
by
the
former
Explication
of
euery
Branch
in
particular
.
CHAP.
IX
.
An
Answere
to
the
Popes
Breues
.
1.
THere
remaineth
only
one
difficultie
to
be
explained
concerning
the
Popes
Breues
,
which
forbid
English
Catholikes
to
take
this
new
Oath
for
that
it
containeth
many
things
which
are
plainely
against
faith
and
saluation
.
And
although
Widdrington
both
in
his
Theologicall
Disputation
,
and
also
more
fully
in
his
Answere
to
Fitz-herberts
Reply
hath
cleared
this
difficultie
,
Wriddrington
in
his
Disput.
Theolog.
cap.
10.
sec.
2.
and
in
his
Answere
to
Fitzherb
.
part.
3.
cap.
7.
yet
I
thinke
it
not
amisse
briefly
to
set
downe
some
generall
heads
of
his
answere
to
the
said
Breues
,
whereby
any
iudicious
man
may
haue
sufficient
grounds
to
iudge
not
only
how
farre
the
Popes
aforesaid
Breues
,
but
also
all
other
of
the
like
kind
may
without
any
irreuerence
or
disobedience
to
the
Sea
Apostolike
be
contradicted
,
or
not
admitted
by
good
and
vertuous
Catholikes
.
2.
First
therefore
,
Widdrington
sheweth
out
of
the
approued
Doctrine
of
Suarez
and
other
Diuines
,
that
there
bee
two
sorts
of
Lawes
or
Precepts
,
the
one
are
called
Constitutiue
,
for
that
they
doe
not
suppose
,
but
make
the
thing
,
which
they
forbid
,
to
be
vnlawfull
,
which
,
if
that
Precept
were
not
,
would
be
lawfull
,
as
the
Precept
of
the
Church
to
fast
from
Flesh
in
Lent
,
to
abstaine
from
seruile
works
vpon
commanded
Holy-daies
,
to
receiue
the
Blessed
Sacrament
at
Easter
,
or
the
like
:
And
that
no
Constitutiue
Precept
of
the
Church
doth
binde
,
when
by
obseruing
it
there
is
danger
to
incurre
some
notable
corporall
or
temporall
hurt
.
The
other
are
called
Declaratiue
,
for
that
they
doe
not
make
,
but
suppose
and
declare
the
thing
to
bee
vnlawfull
which
they
forbid
,
as
being
forbidden
by
some
former
Law
;
as
the
forbidding
of
Theft
,
Murder
,
Whoredome
,
Vsurie
,
and
such
like
,
for
that
they
are
before
forbidden
by
the
Law
of
God
and
Nature
:
And
that
the
obligation
of
Declaratiue
Precepts
doth
only
depend
vpon
the
reason
and
former
Law
,
which
in
the
Declaratiue
Precept
is
supposed
and
declared
:
So
that
if
there
bee
no
such
former
Law
or
prohibition
,
as
in
the
Declaratiue
Precept
is
supposed
and
declared
,
the
Declaratiue
Precept
hath
no
force
to
bind
.
3.
Secondly
,
he
sheweth
,
that
the
Popes
Breues
forbidding
English
Catholikes
to
take
the
Oath
,
doe
not
containe
a
Constitutiue
,
but
only
a
Declaratiue
Precept
,
neither
do
they
make
,
but
suppose
and
declare
the
Oath
to
be
vnlawfull
,
for
that
,
say
the
Breues
,
it
contayneth
in
it
many
things
,
which
are
manifestly
against
faith
and
saluation
;
and
that
consequently
,
if
in
the
Oath
there
bee
nothing
against
faith
or
saluation
,
as
the
Breues
suppose
and
declare
,
it
is
manifest
,
that
the
Breues
haue
no
force
at
all
to
bind
English
Catholickes
not
to
take
the
Oath
,
for
that
they
are
grounded
vpon
a
false
reason
,
supposition
,
and
declaration
.
4.
Thirdly
,
he
sheweth
that
all
declaratiue
Breues
are
eyther
definitiue
,
or
grounded
vpon
some
former
definition
,
of
Pope
or
Councell
,
or
else
they
are
onely
opinatiue
,
or
grounded
vpon
the
Popes
opinatiue
iudgement
,
perswasion
,
or
probable
opinion
:
And
that
if
they
bee
grounded
vpon
the
Popes
opinion
,
no
man
is
bound
to
obey
them
,
as
neyther
to
follow
his
opinion
,
whereon
they
are
grounded
:
but
hee
may
as
lawfully
contradict
them
,
as
he
may
contradict
his
opinion
,
although
the
Pope
thinke
it
to
bee
neuer
so
probable
:
And
that
vpon
this
ground
,
cause
,
and
reason
,
it
was
lawfull
for
Catholickes
to
contradict
the
declaratiue
Breue
of
Pope
Nicholas
the
First
,
[
](A03941-e35380-b)a
a
De
consecr.
dist.
4.
can
.
A
quodam
Iudaeo
.
wherein
he
declared
,
that
Baptisme
ministred
in
the
name
of
Christ
without
expressing
the
three
persons
of
the
B.
Trinitie
was
valid
and
true
Baptisme
:
And
the
declaratiue
Breue
of
Pope
Celestine
the
Third
,
[
](A03941-e35440-b)b
b
Which
was
once
extant
in
the
Canon
Law
,
in
cap.
Laudabilem
de
controuers.
coniugot
.
wherein
he
declared
,
and
,
as
Alphonsus
de
Castro
saith
,
[
](A03941-e35470-b)b
b
Castro
lib.
1.
de
haeres
.
cap.
4.
he
defined
,
that
Marriage
is
so
dissolued
by
heresie
,
that
the
partie
whose
Consort
falleth
into
heresie
,
may
lawfully
marry
an
other
,
which
Doctrine
is
now
condemned
in
the
Councell
of
Trent
:
[
](A03941-e35530-b)c
c
Sec.
24.
de
Reform
.
can.
5.
And
the
declaratiue
Breues
or
Letters
of
Pope
Iohn
the
22.
who
publiquely
taught
and
declared
,
that
the
soules
of
the
Blessed
should
not
see
God
,
before
the
resurrection
,
[
](A03941-e35600-b)d
d
See
Castro
lib.
3.
contra
haeres
.
verbo
Beatitudo
haeres
.
6.
Bellar.
lib.
4.
de
Rom.
Pont.
c.
14.
Hadrianus
Papa
in
quaest.
de
Confirm
.
circa
finem
,
and
other
Histories
.
wherein
hee
was
contradicted
by
the
Doctours
of
Paris
,
and
caused
to
recall
his
Doctrine
:
And
the
declaratiue
Breue
of
Pope
Boniface
the
eight
,
wherein
he
declared
,
that
Philip
the
French
King
was
subiect
to
him
in
spiritualls
and
temporalls
,
wherein
he
was
contradicted
by
the
French
Nation
,
and
taxed
of
wonderfull
impudency
.
[
](A03941-e35750-b)*
*
See
Nicolaus
Vignerius
ad
annum
1300.
5.
Fourthly
,
he
sheweth
,
that
the
Popes
declaratiue
Breues
forbidding
Catholicks
to
take
the
oath
,
for
that
it
contayneth
many
things
which
are
manifestly
against
faith
and
saluation
,
are
neyther
definitiue
,
for
that
they
are
not
directed
to
the
whole
Church
,
nor
doe
contayne
any
of
those
rules
,
which
,
according
to
Cardinal
Bellarmine
and
other
Diuines
,
is
required
to
a
true
and
infallible
definition
of
faith
(
for
onely
of
this
kind
of
definition
now
wee
speake
)
and
that
although
they
were
definitiue
,
yet
considering
that
it
is
a
probable
Doctrine
,
that
the
Pope
hath
no
authoritie
infallibly
to
define
without
a
generall
Councell
,
no
Catholicke
is
bound
to
giue
more
credit
to
his
definition
,
then
to
follow
his
probable
Doctrine
and
opinion
:
neyther
are
they
grounded
vpon
any
former
definition
of
Pope
or
Councell
,
and
which
all
Catholickes
are
bound
to
admit
for
a
true
definition
,
as
Widdrington
hath
proued
at
large
by
answering
all
the
Decrees
and
Canons
of
Popes
or
Councells
;
which
Lessius
(
masked
vnder
the
name
of
D.
Singleton
)
hath
scraped
together
.
But
they
are
grounded
onely
vpon
the
opinatiue
iudgement
of
the
Pope
,
and
some
other
Diuines
of
Rome
,
who
then
were
of
opinion
,
that
many
things
are
contayned
in
the
Oath
manifestly
repugnant
to
faith
and
saluation
,
for
one
of
these
two
grounds
and
reasons
,
or
rather
for
both
:
The
first
,
that
the
Popes
power
to
excommunicate
,
and
consequently
his
spirituall
authoritie
is
denyed
in
the
Oath
:
and
that
the
Breues
were
chiefly
grounded
vpon
this
reason
,
Widdrington
conuinceth
by
the
Popes
answer
to
Fa:
Parsons
;
Widdrington
against
Fitzh
.
part
3.
chap.
17.
by
the
consult
and
resolution
of
the
Diuines
of
Rome
;
by
Cardinall
Bellarmine
Bellarmine
in
his
Answer
to
the
Apologie
,
pag.
9.
(
who
doubtlesse
would
not
in
this
poynt
dissent
from
the
opinion
and
resolution
of
the
Pope
,
and
the
other
Diuines
of
Rome
,
nor
they
from
him
)
affirming
that
in
the
Oath
is
plainely
or
manifestly
denyed
to
the
Pope
,
power
to
excommunicate
euen
hereticall
Kings
,
for
which
he
is
deseruedly
taxed
by
his
Maiestie
of
manifest
falshood
:
and
lastly
,
by
those
wordes
of
the
Breues
,
that
in
the
Oath
are
contayned
many
things
,
quae
apertè
aduersantur
fidei
,
which
are
plainely
or
expresly
repugnant
to
faith
:
But
none
of
our
learned
Aduersaries
dare
affirme
,
that
the
denyall
of
the
Popes
power
to
depose
Princes
,
is
plainely
and
expresly
repugnant
to
faith
,
but
at
the
most
,
tacite
,
and
tecte
,
conertly
,
and
closely
,
and
that
by
many
farre
fetcht
(
and
ill
deduced
)
inferences
and
suppositions
:
See
Suarez
lib.
6.
cap.
1.
de
Iuramento
fidelitatis
.
and
that
therefore
they
supposed
with
Cardinall
Bellarmine
,
that
the
Popes
power
to
excommunicate
,
is
denyed
in
the
Oath
:
The
second
ground
or
reason
is
,
that
the
Popes
power
to
depose
Princes
,
to
dipose
of
their
temporalls
,
and
to
absolue
subiects
from
their
temporall
allegiance
,
which
doubtlesse
is
denyed
in
the
Oath
,
is
a
cleare
poynt
of
faith
,
and
not
in
controuersie
among
Catholiques
,
both
which
grounds
and
reasons
are
manifestly
false
,
as
hath
beene
sufficiently
conuinced
by
the
former
Discourse
:
and
consequently
,
that
it
is
no
more
vnlawful
not
to
obey
the
Popes
declaratiue
Breues
forbidding
Catholickes
to
take
the
Oath
,
they
being
grounded
vpon
the
aforesaid
reasons
&
suppositions
,
which
are
manifestly
false
,
then
it
is
vnlawfull
not
to
approue
the
said
false
reasons
and
suppositions
,
for
that
a
declaratiue
precept
hath
no
more
force
to
bind
,
according
to
the
Doctrine
of
Suarez
,
(
which
is
also
conforme
to
manifest
reason
)
then
hath
the
reason
&
supposition
whereon
it
is
grounded
.
6.
Lastly
,
he
sheweth
out
of
the
doctrine
of
Dominicus
Sotus
,
&
other
diuines
,
Sotus
de
de
delegendo
secretoto
memb.
2.
nu.
2.
See
Widdrington
in
the
Discouery
of
the
15.
colum
of
D.
Schulked
.
that
if
a
Prelate
,
or
any
other
Superiour
command
a
thing
,
which
the
Subiect
doubteth
to
be
vniust
,
and
the
thing
which
is
commanded
be
in
preiudice
of
a
third
person
,
who
is
in
possession
of
his
goods
and
good
name
,
it
is
no
irreurence
,
or
disobedience
in
the
Subiect
not
to
obey
,
propounding
to
his
Superiour
with
all
humilitie
and
reuerence
the
reasons
of
his
doubt
.
Seeing
therefore
that
Widdrington
hath
in
the
name
of
English
Catholickes
propounded
to
his
Holinesse
the
reasons
which
moued
them
to
doubt
,
that
his
declaratiue
Breues
were
not
iust
,
as
beeing
greatly
preiudiciall
to
his
Mtiesties
temporall
Soueraigntie
,
and
namely
for
that
they
were
grounded
vpon
the
two
aforesaid
false
reasons
and
suppositions
,
and
that
they
haue
not
had
as
yet
any
satisfaction
concerning
those
their
doubts
,
it
is
not
onely
manifest
,
that
they
cannot
be
iustly
taxed
of
any
disobedience
or
irreuerence
to
his
Holinesse
,
for
not
obeying
the
aforesaid
Breues
,
but
also
it
is
an
euident
signe
,
that
his
Holinesse
could
not
satisfie
their
doubts
,
and
that
now
hee
plainly
seeth
,
that
he
and
his
Diuines
were
mistaken
,
and
that
his
declaratiue
Breues
were
grounded
vpon
those
false
reasons
and
suppositions
which
he
could
not
iustifie
or
make
good
:
Otherwise
he
would
without
all
doubt
,
in
regard
of
his
Fatherly
care
,
and
Pastorall
charge
,
haue
sought
to
haue
giuen
them
all
possible
satisfaction
in
this
poynt
,
which
so
neerely
concerneth
not
onely
their
soules
health
,
and
their
temporall
states
and
libertie
,
but
which
also
is
so
iniurious
to
his
Maiestie
,
and
so
scandalous
to
Catholicke
Religion
,
giuing
occasion
to
all
Protestant
Princes
and
subiects
to
perswade
themselues
,
that
the
profession
of
the
Catholicke
Roman
Religion
cannot
stand
with
true
and
constant
loyaltie
,
but
that
it
is
a
Nurcery
of
vniust
Inuasions
,
Rebellions
,
and
Powder-Treasons
.
7.
Wherefore
,
(
for
the
last
farewell
)
I
beseech
you
again
and
againe
(
deare
Countrimen
)
not
to
forget
those
two
most
certaine
Principles
,
whereon
is
chiefly
grounded
the
Doctrine
for
the
iustifying
of
the
Oath
,
and
for
the
securing
of
Princes
from
all
trayterous
Conspiracies
,
practises
,
and
attempts
,
vnder
the
colour
and
pretence
of
the
Popes
authoritie
to
depose
them
;
to
wit
,
that
it
is
a
great
controuersie
among
learned
Catholickes
,
and
therefore
not
certayne
,
but
truely
probable
,
that
the
Pope
hath
no
authoritie
to
depriue
Soueraigne
Princes
,
and
that
no
power
or
title
,
which
is
not
most
certayn
but
in
controuersie
,
can
bee
a
lawfull
ground
,
whereby
immediately
any
man
may
be
punished
,
or
depriued
of
that
right
,
dominion
,
or
any
other
thing
which
hee
really
and
bona
fide
possesseth
;
both
which
Principles
,
are
,
as
you
haue
seene
,
so
cleare
and
manifest
,
that
no
learned
man
can
from
his
hart
deny
them
,
howsoeuer
some
one
or
other
for
some
temporall
respect
,
end
,
or
motiue
,
may
speake
or
write
contrary
to
his
mind
and
knowledge
.
8.
But
,
as
Widdrington
towards
the
end
of
his
Answer
to
Fitzherberts
Preface
well
obserueth
out
of
Molina
,
and
Lessius
,
both
famous
Iesuites
,
there
is
a
great
difference
betwixt
the
possessing
of
temporall
and
corporall
goods
,
as
Lands
,
Houses
,
Crownes
,
Kingdomes
,
and
the
like
,
and
the
possessing
of
authoritie
,
Iurisdiction
,
rights
,
and
claymes
,
which
one
may
pretend
to
haue
to
such
temporall
goods
.
For
that
possession
properly
is
onely
of
temporall
goods
;
and
such
goods
may
properly
be
possessed
,
although
the
party
,
who
hath
true
right
to
those
goods
,
contradicteth
neuer
so
much
;
but
rights
,
and
claymes
are
not
properly
possessed
,
but
they
are
onely
said
to
be
,
as
it
were
,
in
some
sort
,
or
improperly
possessed
:
and
besides
,
to
the
possessing
of
power
,
authoritie
,
iurisdiction
,
right
;
or
claime
to
any
temporall
thing
,
in
such
manner
as
right
,
iurisdiction
,
and
claime
may
be
sayd
to
be
possessed
,
it
is
necessarie
,
that
the
right
or
claime
,
which
is
pretended
,
be
without
contradiction
and
resistance
of
the
aduerse
part
.
Otherwise
if
one
should
challenge
any
right
or
authoritie
be
it
good
or
bad
,
true
or
false
,
and
should
exercise
that
pretended
right
or
authoritie
,
the
aduerse
part
contradicting
,
he
might
neuerthelesse
be
said
to
bee
in
possession
of
that
right
or
authoritie
,
which
is
manifestly
false
and
absurd
.
For
so
if
a
Lay-man
should
pretend
to
haue
true
spirituall
iurisdiction
ouer
Clergie
men
,
as
power
to
excommunicate
,
and
should
exercise
that
pretended
iurisdiction
,
hee
might
be
said
to
be
in
possession
of
true
spirituall
iurisdiction
,
although
the
Clergie
should
neuer
so
much
contradict
and
except
against
the
same
.
And
for
this
reason
,
albeit
some
Popes
haue
for
as
many
hundreds
of
yeares
,
as
haue
beene
since
the
time
of
Pope
Gregorie
the
Seuenth
,
challenged
a
right
and
authoritie
to
depriue
Kings
of
their
regall
Soueraigntie
,
yet
they
cannot
be
said
to
haue
beene
for
one
day
or
one
houre
in
possession
of
that
their
pretended
right
and
authoritie
,
because
Christian
Kings
and
Subiects
,
from
the
time
of
Henrie
the
Fourth
Emperour
,
who
was
the
first
Emperour
that
was
depriued
by
Pope
Gregorie
the
Seuenth
,
vntill
the
time
of
Henrie
the
Fourth
most
Christian
King
,
who
was
the
last
King
who
was
depriued
by
Pope
Sixtus
the
Fift
,
haue
euer
resisted
and
contradicted
this
pretended
authoritie
and
clayme
of
Popes
to
depriue
them
of
their
temporalls
.
And
although
perchance
there
should
haue
beene
,
or
hereafter
shall
be
some
or
other
Christian
King
,
who
for
some
priuate
or
publique
respect
and
interest
,
hath
not
,
or
shall
not
resist
the
Popes
sentence
of
depriuation
denounced
or
to
bee
denounced
against
him
,
but
rather
yeeld
thereunto
,
yet
this
cannot
preiudice
his
successors
,
or
be
a
sufficient
ground
,
that
the
Pope
may
be
truely
said
to
be
in
possession
of
his
pretended
right
,
authority
,
and
claime
to
depriue
Kings
in
general
,
but
at
the
most
to
depriue
that
King
in
particular
,
who
did
not
resist
or
gainsay
,
but
rather
acknowledged
the
right
and
authority
,
which
the
Pope
claimed
to
depriue
him
.
9.
Finally
,
although
it
may
bee
obiected
,
that
diuerse
Popes
haue
practized
the
deposing
of
Princes
,
and
many
learned
Diuines
haue
approued
the
said
practice
,
therefore
the
practice
being
approued
by
many
learned
and
skilfull
men
in
the
Arte
which
they
professe
is
truly
probable
,
euen
according
to
Widdringtons
grounds
,
which
he
taketh
from
Vasquez
:
Yet
this
is
easily
answerd
.
For
those
Popes
and
learned
men
in
approuing
that
practice
for
lawfull
,
did
either
thinke
assuredly
,
that
the
doctrine
for
the
Popes
power
to
depriue
Princes
was
most
certaine
,
vnquestionable
,
and
out
of
all
controuersie
,
and
that
the
contrarie
doctrine
was
not
at
that
time
,
nor
could
lawfully
bee
approued
by
any
learned
Catholike
,
which
howsoeuer
those
Doctours
might
at
that
time
thinke
or
be
perswaded
(
wherein
neuerthelesse
they
were
greatly
deceiued
,
because
euen
from
the
first
broaching
of
this
doctrine
and
practice
by
Pope
Gregorie
the
VII
.
A
thing
vnheard
of
before
that
Age
,
saith
Onuphrius
,
Onuphr
.
lib.
4.
de
varia
creat
.
Rom.
Pont.
it
hath
euer
beene
a
great
controuersie
,
saith
Azor
the
Iesuite
,
Azor.
cited
aboue
in
the
Sixt
Obseruat
.
betweene
Popes
and
Emperours
)
yet
now
it
is
so
cleere
and
manifest
,
that
there
is
at
this
time
a
great
controuersie
among
learned
Catholikes
concerning
this
authoritie
of
the
Pope
.
as
that
all
the
World
both
by
the
publike
writings
and
proceedings
in
this
controuersie
can
giue
sufficient
testimonie
of
the
same
:
Or
else
those
Popes
and
Doctours
,
did
not
consider
and
examine
the
difference
betwixt
speculation
and
practice
,
but
without
any
further
examination
,
thought
euery
doctrine
that
was
probable
and
approoued
by
learned
men
in
speculation
,
and
might
speculatiuely
and
abstracting
from
practice
bee
disputed
in
Schooles
pro
and
contra
,
might
also
bee
practised
,
and
put
in
execution
,
not
considering
whether
it
tendeth
to
the
preiudice
of
a
third
person
,
and
to
the
dispossessing
him
of
that
which
hee
actually
and
bona
fide
possesseth
,
or
no
,
whereas
it
is
most
certaine
and
out
of
all
controuersie
,
(
as
hath
beene
shewed
aboue
)
that
it
is
open
iniustice
to
depriue
vpon
a
probable
or
controuersed
power
or
title
any
man
of
that
which
hee
hath
really
in
his
possession
.
10.
Now
it
is
euident
,
according
to
Vasquez
doctrine
which
Widdrington
followeth
,
and
which
stands
with
manifest
reason
;
that
the
approbation
,
and
authoritie
of
ancient
or
moderne
Doctours
is
not
sufficient
to
make
their
doctrine
probable
to
other
learned
men
,
if
either
their
doctrine
bee
grounded
vpon
some
principle
,
which
to
those
learned
men
is
manifestly
false
,
or
it
may
bee
confuted
by
some
reason
,
which
to
those
learned
men
seemeth
inuincible
and
not
to
be
answered
,
and
which
reason
those
Doctours
haue
not
seene
,
considered
,
and
examined
;
Obseruandum
tamen
maxime
est
,
&c.
But
it
is
greatly
to
bee
obserued
,
saith
Vasquez
,
Vasquez
1.
2.
disp.
62.
cap.
4.
nu.
18.
cited
by
Widder
.
in
disp.
Theolog
c.
10.
sec.
2.
nu.
16.
that
it
may
sometimes
fall
out
,
that
the
ancient
Writers
,
whose
opinions
are
now
in
controuersie
,
did
not
consider
some
Reason
,
Law
,
or
Decree
,
which
hath
great
force
against
their
opinion
:
but
contrariwise
that
the
later
Doctors
being
conuinced
with
that
Reason
,
Law
,
or
Decree
,
doe
now
defend
the
contrarie
opinion
.
If
therfore
a
learned
man
seeing
that
Law
or
Decree
,
or
considering
that
new
reason
doth
defend
the
opinion
of
the
later
Writers
against
the
ancient
,
hee
cannot
follow
in
practice
the
opinion
of
the
ancient
Writers
,
against
his
owne
opinion
,
or
which
is
all
one
by
reason
of
their
authoritie
and
approbation
,
because
the
opinion
of
the
ancient
,
who
haue
not
seene
,
or
considered
that
Decree
,
or
Reason
,
ought
not
now
to
be
accounted
probable
.
And
therefore
Widdrington
defining
probable
to
bee
that
,
which
is
approued
by
learned
and
skilfull
men
,
for
the
better
vnderstanding
and
explication
of
the
last
words
,
he
added
,
who
haue
seene
and
examined
the
difficultie
,
for
if
they
haue
not
seene
and
considered
that
particular
difficultie
and
controuersie
,
they
cannot
bee
accounted
learned
and
skilfull
therein
.
11.
Now
the
particular
difficulty
,
and
controuersie
concerning
this
point
,
and
which
those
Popes
and
Doctours
mentioned
in
the
obiection
did
not
consider
and
examine
,
is
,
whether
,
supposing
it
to
bee
now
a
controuersie
,
and
to
be
apptooued
by
learned
Catholikes
,
that
the
Pope
hath
no
authoritie
to
depriue
Princes
,
it
be
not
open
iniustice
in
the
Pope
to
depriue
Princes
of
their
Kingdomes
and
Dominions
,
which
they
really
and
bona
fide
doe
possesse
.
And
therefore
vnlesse
it
can
bee
conuinced
,
that
it
is
not
at
this
day
a
controuersie
among
learned
Catholikes
,
whether
the
Pope
hath
authoritie
to
depriue
,
which
is
as
hard
a
matter
,
as
to
proue
,
that
the
Sunne
doth
not
giue
light
at
noone
daies
,
or
else
that
it
is
lawfull
vpon
a
doubtfull
,
vncertaine
,
controuersed
&
probable
power
or
title
to
thrust
by
violence
any
man
out
of
that
,
which
heeactually
and
bona
fide
possesseth
,
the
practice
of
deposing
Princes
,
vnder
pretence
of
the
probability
of
the
Popes
power
to
depriue
Princes
,
cannot
bee
accounted
probable
to
any
learned
man
,
so
much
as
to
excuse
him
in
conscience
,
and
in
the
sight
of
God
from
formall
sinne
and
iniustice
.
12.
But
to
conclude
with
this
Obseruation
,
which
I
wish
you
(
Deare
Countremen
)
diligently
to
consider
;
That
howsoeuer
any
Subiect
concurring
in
practice
with
the
Pope
to
the
deposing
of
his
lawfull
Soueraigue
Prince
,
may
vnder
pretence
of
some
probabilitie
of
the
doctrine
to
depose
Princes
by
the
Popes
authoritie
,
perswade
himselfe
,
that
hee
is
excused
from
sinne
and
formall
Treason
in
his
conscience
,
and
before
the
sight
of
God
,
(
wherewith
Princes
not
knowing
the
secrets
of
mens
hearts
,
but
leauing
them
to
the
iudgement
of
God
,
doe
not
intermeddle
in
their
Tribunals
)
yet
considering
these
two
things
:
The
first
,
that
it
is
most
certayne
and
out
of
all
controuersie
,
that
hee
is
excused
in
conscience
,
and
before
the
sight
of
God
from
all
sinne
and
offence
in
defending
his
lawfull
Prince
,
who
is
in
possession
,
and
in
resisting
such
inuasions
and
depositions
which
are
grounded
only
vpon
a
probable
power
and
title
,
whereas
hee
cannot
with
any
reason
assuredly
perswade
himselfe
,
that
hee
is
secure
in
conscience
by
taking
part
with
the
Pope
against
his
Prince
,
who
is
in
possession
of
his
Crowne
:
The
Second
,
that
it
is
also
most
certaine
,
and
out
of
all
controuersie
,
that
hee
may
iustly
in
taking
the
Popes
part
against
his
Prince
being
inuaded
and
depriued
vnder
pretence
of
a
probable
power
and
title
(
although
in
very
deed
the
power
and
title
were
neuer
so
probable
)
bee
accused
and
condemned
both
in
the
Secular
and
also
Ecclesiasticall
Court
of
the
Prince
inuaded
of
open
and
manifest
Treason
,
and
as
a
manifest
Traitour
be
deseruedly
put
to
death
:
for
that
it
is
open
iniustice
in
the
Pope
(
saith
the
Authour
of
the
Prelate
and
the
Prince
)
to
depriue
a
Prince
of
his
Kingdome
to
which
hee
hath
probable
right
,
and
withall
possession
,
and
consequently
it
is
open
Treason
in
the
Subiect
to
take
part
with
the
Pope
in
that
case
against
his
rightfull
Prince
.
These
two
things
,
I
say
,
being
duly
considered
,
I
thinke
those
Subiects
to
bee
starke
mad
and
senslesse
,
and
to
haue
neither
the
feare
of
God
nor
Man
before
their
eyes
,
that
can
be
drawne
to
approue
such
damnable
practices
,
and
consequently
neither
the
doctrine
,
grounds
,
and
principles
thereof
:
or
to
concurre
with
the
Pope
,
to
the
deposing
,
and
dispossessing
of
their
Soueraigne
Prince
,
vnder
pretence
of
a
power
,
title
,
and
clayme
,
which
euen
in
speculation
,
and
abstracting
from
practice
,
can
bee
at
the
most
but
probable
.
And
so
recommending
to
your
prudent
considerations
this
my
serious
and
sincere
aduertisement
I
make
an
end
,
and
request
you
euer
to
haue
in
minde
,
that
which
I
said
in
the
beginning
and
cannot
too
often
repeate
:
Feare
God
,
Honour
the
King
:
Render
to
God
and
Caesar
(
and
consequently
to
Popes
and
Princes
)
that
which
is
their
due
.
1.
Pet.
2.
Mat.
22.
A
Copie
of
the
Oath
of
Allegiance
,
or
the
First
Article
,
which
the
Lower
House
of
Parliament
(
wherein
of
200.
Deputies
for
the
Third
Estates
were
but
sixe
Protestants
)
propounded
to
the
French
King
,
to
haue
established
for
a
fundamentall
Law
,
in
the
generall
Assembly
of
the
three
Estates
,
holden
at
Paris
in
the
yeere
1614.
The
First
Article
of
the
Third
Estates
,
taken
out
of
a
Booke
intituled
,
Apologie
de
l'Article
primier
du
Tiers
Estat
.
pag.
4.
THat
,
to
stay
the
course
of
that
pernitious
dostrine
which
some
years
since
hath
been
broached
,
against
Kings
and
Souereigne
powers
established
by
God
,
by
seditious
spirits
,
who
attend
only
to
disturbe
and
subuert
the
same
,
Supplication
may
bee
made
to
the
King
,
that
hee
will
cause
to
bee
decreed
in
the
Assemblie
of
these
Estates
for
a
fundamentall
Law
of
the
Realme
,
That
,
for
as
much
as
hee
is
acknowledged
Soueraigne
in
his
Estate
,
nor
houlding
his
Crowne
but
from
God
alone
,
There
is
not
any
power
on
Earth
whatsoeuer
it
be
.
Spirituall
or
Temporall
,
which
hath
any
right
ouer
his
Kingdome
to
depriue
the
sacred
persons
of
our
Kings
,
nor
to
dispence
or
absolue
for
any
cause
or
pretence
whatsoeuer
,
their
Subiects
from
the
Allegiance
and
obedience
which
they
owe
to
them
:
That
all
the
Subiects
of
what
qualitie
or
condition
soeuer
they
be
,
shall
hould
this
Law
for
holy
and
true
,
as
agreeable
to
the
Word
of
God
,
without
distinction
,
equiuocation
,
or
limitation
whatsoeuer
:
Which
shall
be
sworne
and
signed
by
all
the
Deputies
of
the
Estates
,
and
from
henceforth
by
all
that
haue
Benefices
or
offices
in
the
Kingdome
,
before
they
enter
into
possession
of
their
Benefices
,
and
bee
admitted
into
their
Offices
:
That
all
Masters
,
Regents
,
Doctors
,
and
Preachers
shall
bee
bound
to
teach
and
publish
,
that
the
contrarie
opinion
,
to
wit
,
that
it
is
lawfull
to
kill
and
depose
our
Kings
,
to
rise
vp
and
rebell
against
them
,
to
shake
of
the
yoake
of
their
obedience
,
for
any
occasion
whatsoeuer
,
is
impious
,
detestable
,
and
contrarie
to
truth
,
and
against
the
establishment
of
the
State
of
France
,
which
dependeth
immediatly
on
none
but
God
:
That
all
Bookes
which
doe
teach
that
false
and
peruerse
opinion
,
shall
be
held
for
seditious
and
to
bee
censured
:
All
Strangers
that
shall
write
and
publish
it
,
for
sworne
Enemies
of
the
Crowne
:
All
his
Maiesties
Subiects
,
that
shall
adhere
vnto
it
,
of
what
qualitie
or
condition
soeuer
they
be
,
for
Rebels
,
infringers
of
the
fundamentall
Lawes
of
the
Kingdome
,
and
guiltie
of
Treason
in
the
higstest
degree
.
And
if
there
be
found
any
booke
,
or
Discourse
written
by
any
Stranger
Ecclesiastike
,
or
of
any
other
qualitie
,
that
containeth
any
proposition
contrarie
to
the
said
Law
directly
or
indirectly
,
the
Ecclesiastikes
of
the
same
Order
established
in
France
shall
be
bound
to
answere
them
,
to
impugne
and
contradict
them
incessantly
,
without
respect
,
ambiguitie
,
or
equiuocation
,
vnder
paine
of
being
punished
with
the
same
punishments
as
aboue
said
,
as
abetters
of
the
enemies
of
this
State
.
This
Article
is
in
effect
and
substance
all
one
with
our
new
Oath
of
Allegiance
,
and
the
lawfulnesse
thereof
is
manifest
by
the
former
Discourse
;
and
how
greatly
Card.
Peron
was
mistaken
in
impugning
the
said
Article
,
Widdrington
sheweth
both
in
his
Answere
to
Fitz-herbert
part.
3.
chap.
11.
num.
15.
&
seq.
and
in
his
Discussion
of
the
decree
of
the
Lateran
Councell
against
Lessius
part.
2.
sec.
9.
and
part.
3.
sec.
9.
A
Copie
of
the
Arrest
,
or
Decree
of
the
Parliament
of
Paris
,
wherein
Card.
Bellarmine
his
booke
against
William
Barclay
is
condemned
.
Taken
out
of
the
Records
of
the
Court
of
Parliament
,
the
26.
of
Nouember
1610.
THis
present
day
the
Kings
Solicitours
,
(
Lewis
Seruin
the
Kings
Attorney
making
the
Declaration
,
and
Lewis
Duret
the
Kings
Aduocate
subscribing
)
aduertised
the
Court
,
that
it
was
related
to
them
,
that
some
few
daies
since
there
hath
beene
divulged
in
this
city
of
Paris
a
new
booke
entituled
Tractatus
de
potestate
Summi
Pontificis
in
temporalibus
aduersus
Gulielmum
Barclaium
,
Auctore
Roberto
S.
R.
E.
Cardinale
Bellarmino
.
Romae
per
Bartholomaeum
Zannetti
,
printed
this
present
yeere
;
out
of
which
booke
diuers
persons
,
some
with
a
good
intent
,
and
others
with
an
euill
,
haue
divulged
many
things
,
which
they
haue
collected
from
thence
.
And
because
this
Booke
doth
containe
propositions
,
which
are
preiudiciall
to
the
Kings
power
and
authoritie
,
and
to
the
State
of
France
,
of
whom
the
Author
speaketh
in
the
same
manner
as
of
other
Kings
,
Princes
,
and
Common-wealths
,
they
haue
through
their
care
gotten
a
Copie
thereof
,
which
they
hauing
exactly
read
and
examined
,
thought
it
their
duties
to
aduertise
the
Parliament
of
those
things
,
which
are
against
the
Powers
established
by
God
,
and
especially
against
this
Kingdome
.
Wherefore
they
haue
obserued
,
that
Cardinall
Bellarmine
doth
in
this
new
Treatise
not
only
teach
those
propositions
,
which
hee
affirmed
in
his
former
books
,
as
in
that
booke
which
is
intituled
,
De
Romani
Pontificis
Hierarchia
written
in
the
time
of
Pope
Sixtus
the
V.
and
dedicated
to
the
said
Pope
,
which
he
hath
deuided
into
fiue
books
,
in
the
last
whereof
hee
maintaineth
,
that
the
Pope
hath
temporall
power
indirectly
;
But
they
also
haue
obserued
,
that
to
this
erroneous
assertion
others
no
lesse
false
,
and
tending
further
are
added
in
the
places
by
them
cited
,
which
the
Parliament
,
if
it
be
so
pleased
,
may
behould
.
And
first
the
very
Title
is
to
be
obserued
,
wherein
he
giueth
to
the
Pope
a
power
in
temporals
.
Then
hee
bringeth
diuerse
authorities
from
the
writings
of
Italians
,
French-men
,
Spaniards
,
Germans
,
English
&
Scots
,
beginning
with
Pope
Gregorie
the
VII
.
who
liued
in
the
yeere
of
our
Lord
1073.
&c.
Wherefore
to
the
end
that
fraud
and
deceit
may
for
the
safegard
of
true
French
men
be
preuented
,
the
aforesaid
Attorney
generall
considering
,
that
in
regard
of
Conscience
,
and
the
office
which
hee
beareth
in
being
the
Kings
Attorney
,
he
is
bound
sincerely
to
discharge
his
duty
,
produceth
Cardinall
Bellarmines
booke
,
which
was
written
,
when
our
King
Henry
the
Great
was
liuing
(
in
whose
raigne
none
durst
aduenture
to
diuulge
the
same
)
but
published
forthwith
as
soone
as
he
was
dead
,
wherein
hee
hath
noted
diuers
places
,
which
the
Parliament
may
peruse
,
especially
pag.
37
,
38.
57.
58.
and
76.
77.
to
which
may
be
added
160.
115.
116.
And
moreouer
,
he
exhibiteth
in
written
hand
the
requests
,
which
the
Kings
Attorneys
doe
in
the
Kings
name
demand
;
to
wit
,
that
by
Decree
of
the
Parliament
it
be
enacted
,
That
none
of
what
qualitie
or
condition
soeuer
,
shall
receiue
,
haue
,
keepe
,
print
or
vtter
this
booke
of
Bellarmine
,
vnder
paine
of
Treason
ordained
against
those
that
shal
transgresse
the
same
,
&c.
The
matter
being
examined
,
The
great
Chamber
,
Criminall
,
and
of
the
Edict
being
assembled
.
THe
Court
hath
decreed
and
doth
decree
,
that
no
person
of
what
qualitie
or
condition
soeuer
,
vnder
payne
of
Treason
ordayned
against
those
that
transgresse
the
same
,
doe
receiue
,
keepe
,
communicate
,
print
,
vtter
,
or
sell
the
said
Booke
,
which
contayneth
that
false
and
detestable
proposition
,
tending
to
the
subuersion
of
supreme
Powers
established
and
ordayned
by
God
inciting
Subiects
to
rebellion
,
and
derogating
from
the
authoritie
of
Princes
,
animating
to
attempt
against
their
liues
and
Crownes
,
and
finally
to
disturbe
the
publike
peace
and
quietnesse
.
Those
that
haue
Copies
of
the
saide
Booke
,
or
know
any
that
haue
,
are
commanded
forthwith
to
make
it
knowne
to
their
Iudges
,
that
,
vpon
the
demand
of
the
Kings
Attorneys
,
Inquisition
bee
made
against
the
Crime
,
and
those
that
be
guiltie
be
punished
accordingly
.
It
forbiddeth
vnder
the
same
punishment
Doctours
,
Professours
,
and
others
,
to
treat
,
dispute
,
write
,
teach
directly
or
indirectly
in
Schooles
,
Colledges
,
or
other
places
,
the
said
proposition
.
The
said
Court
doth
ordayne
,
that
this
Decree
bee
sent
,
read
,
published
,
recorded
,
and
obserued
according
to
the
afore
said
manner
and
forme
in
all
the
Benches
subiect
to
the
Iurisdiction
of
this
Court.
The
Substitutes
to
the
Kings
Attorney
are
commanded
to
cause
forthwith
this
Decree
to
be
put
in
execution
,
and
to
aduertise
the
Court
within
a
moneth
of
their
diligence
.
Made
in
Parliament
vpon
Friday
26.
Nouemb.
1610.
Signed
VOISIN
.
The
decree
being
made
,
the
Kings
Attorneys
were
sent
for
,
to
whom
the
pleasure
of
the
Court
was
signified
,
and
according
to
the
Decree
the
said
Booke
of
Bellarmine
was
deliuered
to
their
hands
.
A
Decree
of
the
Court
of
Parliament
made
the
26.
and
executed
the
27.
of
Iune
1614.
Against
a
Booke
printed
at
Collen
this
present
yeare
,
which
is
entituled
,
Francisci
Suarez
Granatensis
Societatis
Iesu
doctoris
Theologi
Defensio
fidei
Catholicae
&
Apostolicae
aduersus
Anglicanae
sectae
errores
,
contayning
many
maximes
and
propositions
contrarie
to
the
Soueraigne
powers
of
Kings
ordayned
and
established
by
God
,
the
safetie
of
their
persons
,
the
peace
and
quietnesse
of
their
States
.
The
Place
✚
where
the
Kings
armes
of
France
and
Nauarre
are
set
At
Paris
,
By
F.
Morel
and
P.
Mettayer
the
Kings
ordinarie
Printers
and
Stationers
1614.
With
his
Maiesties
Priuiledge
.
Taken
out
of
the
Records
of
the
Parment
.
The
Court
of
the
great
Chamber
,
Criminall
,
and
of
the
Edict
assembled
,
hauing
seene
the
Booke
printed
at
Collen
this
present
yeare
,
entituled
,
Francisci
Suarez
Granatensis
Societatis
Iesu
Doctoris
Theologi
Defensio
fidei
Catholicae
&
Apostolicae
aduersus
Anglicanae
sectae
errores
,
contayning
in
the
third
Booke
Chap.
23.
p.
376.
79
,
80
,
82.
Chap.
29.
p.
410.
11
,
12
,
13
,
14
,
15
,
16
,
17
,
18
,
19
,
20.
Chap.
6.
pag.
834.
Chap.
8.
pag.
844.
and
in
other
places
many
propositions
contrarie
to
the
Soueraigne
powers
of
Kings
ordained
and
established
by
God
,
the
peace
and
quietnesse
of
their
States
,
and
that
it
is
lawfull
for
their
subiects
and
strangers
to
attempt
against
their
persons
:
Conclusions
of
the
Kings
Attorney
generall
.
All
which
beeing
considered
;
The
said
Court
hath
declared
and
doth
declare
the
propositions
and
maximes
contayned
in
the
saide
Booke
to
bee
scandalous
and
seditious
,
tending
to
the
subuersion
of
States
,
and
to
induce
the
subiects
of
Kings
and
soueraign
Princes
,
and
others
,
to
attempt
against
their
sacred
persons
:
and
the
discourses
,
making
mention
of
King
Glodoueus
and
Philip
the
Faire
,
to
be
false
and
slanderous
:
Hath
ordayned
and
doth
ordayne
the
said
Booke
of
Suarez
to
bee
burned
in
the
Court
of
the
Palace
by
the
Executioner
of
high
Iustice
.
Hath
made
and
doth
make
iniunctions
and
inhibitions
to
Stationers
and
Printers
,
not
to
print
,
sell
,
or
vtter
it
,
and
to
all
persons
of
what
qualitie
or
condition
soeuer
,
not
to
haue
,
copie
out
,
keepe
,
teach
in
Schooles
nor
in
other
places
,
nor
to
dispute
the
said
maximes
and
propositions
.
It
doth
ordayne
,
that
,
according
to
the
Arrest
made
the
8.
of
Iune
1610.
that
the
Decree
of
the
Theologicall
Facultie
made
the
4.
of
Iune
the
same
yeare
of
renewing
the
doctrinall
Censure
of
the
said
Facultie
made
in
the
yeare
1408.
confirmed
by
the
Councell
of
Constance
,
together
with
this
present
Arrest
or
Decree
,
as
also
those
of
the
yeare
1578
,
and
95.
bee
read
every
yeare
the
4.
day
of
Iune
as
well
in
the
said
Facultie
,
as
in
the
Colledge
of
the
Priest
and
Schollers
of
the
Colledge
of
Claremont
,
This
Colledge
of
Claremont
,
is
the
Iesuites
Colledge
.
and
of
the
foure
Mendicants
.
And
that
at
the
instance
of
the
Kings
Attorney
generall
informations
be
taken
of
the
transgressions
against
the
said
Arrests
:
and
Inhibitions
bee
made
against
the
copying
out
,
hauing
,
and
keeping
the
like
bookes
.
Made
in
Parliament
the
26.
day
of
Iune
1614.
Signed
VOISIN
.
Moreouer
,
it
is
decreed
,
that
the
Fathers
,
Ignace
Armand
Rectour
in
this
Citie
,
Cotton
,
Fronton
,
and
Sirmund
,
shall
be
sent
for
the
first
day
of
the
Court
,
and
it
shall
be
shewed
them
,
that
contrarie
to
their
declaration
,
and
the
Decree
of
their
Generall
,
made
in
the
yeare
1610.
the
Booke
of
Suarez
hath
beene
printed
,
and
brought
into
this
Citie
against
the
authoritie
of
the
King
,
the
safetie
of
his
Crowne
and
State
:
And
it
shall
be
enioyned
them
to
cause
their
Generall
to
renew
the
said
Decree
,
and
that
it
be
published
;
and
that
they
bring
in
the
Act
within
sixe
moneths
;
And
that
they
prouide
,
that
no
bookes
,
contayning
such
damnable
and
pernicious
propositions
,
bee
hereafter
made
or
published
by
any
of
their
Societie
:
And
that
it
bee
inioyned
them
,
to
perswade
the
people
by
their
Preachers
,
the
Doctrine
contrarie
to
the
said
propositions
:
Otherwise
the
Court
wil
proceed
against
the
transgressours
,
as
against
Traytors
,
and
perturbers
of
the
publique
peace
.
The
aforesaide
Arrest
,
or
Decree
,
and
what
hath
beene
decreed
,
was
pronounced
in
the
presence
of
the
Fathers
,
Ignace
Armand
,
Charles
de
la
Tour
,
who
came
in
place
of
Father
Cotton
absent
,
Fronton
du
Duc
,
and
Iames
Sirmund
:
And
the
Arrest
was
executed
before
the
great
Staires
of
the
Pallace
,
the
27.
of
Iune
,
1614.
A
Copie
of
another
Arrest
or
Decree
of
the
Parliament
of
Paris
,
wherein
the
former
doctrine
of
practizing
the
deposition
of
Soueraigne
Princes
is
condemned
,
and
the
former
.
Decrees
,
made
against
the
Bookes
of
Card.
Bellarmine
,
and
Suarez
,
are
againe
confirmed
.
An
Arrest
or
Decree
of
the
Court
of
Parliament
touching
the
Kings
Soueraigntie
in
Temporals
,
and
against
the
pernicious
doctrine
to
attempt
vpon
the
sacred
persons
of
Kings
.
The
place
✚
of
the
Kings
Armes
of
France
and
Nauarre
.
At
Paris
.
By
F.
Morel
,
P.
Mettayer
the
Kings
Ordinarie
Printers
and
Stationers
.
1615.
Taken
out
of
the
Records
of
the
Parliament
.
WHereas
the
Kings
Attourney
Generall
hath
complayned
to
the
Court
,
all
the
Chambers
thereof
being
assembled
,
that
albeit
by
many
Arrests
or
Decrees
,
heretofore
made
with
great
and
mature
deliberation
,
the
Court
hath
confirmed
the
Maximes
,
which
haue
at
all
times
beene
held
in
France
,
and
are
naturally
engrafted
to
the
Crowne
,
That
the
King
doth
not
acknowledge
any
Superiour
in
Temporals
of
his
Kingdome
but
God
alone
,
And
that
,
no
power
or
authoritie
can
rightfully
release
his
Subiect
;
from
the
Oath
of
Allegiance
and
Obedience
which
they
owe
to
Him
,
nor
suspend
,
depriue
,
or
depose
him
from
his
said
Kingdome
:
and
much
lesse
,
to
attempt
,
or
to
cause
to
attempt
either
by
publike
or
priuate
authoritie
against
the
sacred
persons
of
Kings
:
Neuerthelesse
it
hath
beene
aduertized
,
that
by
Discourses
,
as
well
in
priuate
as
in
publike
,
many
persons
,
doe
presume
to
call
in
question
the
said
Maximes
,
to
dispute
of
them
,
and
to
hold
them
for
problematike
,
from
whence
may
arise
very
many
inconueniences
,
which
of
necessitie
must
be
prouided
against
,
and
that
speedily
:
Hee
(
the
said
Attourney
)
requesteth
,
that
seeing
the
Court
is
assembled
,
all
businesses
set
aside
,
it
will
bee
pleased
to
ordaine
,
that
the
said
Decrees
shall
be
renewed
,
and
againe
published
in
all
the
Benches
subiect
to
the
Iurisdiction
of
this
Court
;
to
the
end
that
the
mindes
of
all
the
Kings
Subiects
,
of
what
quality
or
condition
so
euer
,
may
be
kept
firme
and
assured
concerning
the
said
Maximes
,
and
Rules
,
and
for
the
safetie
of
the
Kings
life
,
the
publike
peace
and
quietnesse
:
With
Inhibitions
not
to
transgresse
the
same
vnder
the
penalties
set
downe
by
the
said
Arrests
.
And
that
it
be
enioyned
to
all
their
Substitutes
to
cause
the
publication
thereof
to
be
made
,
and
to
certifie
the
Court
within
a
moneth
,
vnder
paine
to
be
depriued
of
their
Offices
.
The
Court
,
all
the
Chambers
being
assembled
,
hath
ordayned
and
doth
ordayne
,
that
the
Arrests
of
the
2.
Decemb.
1561.
the
29.
Decemb.
1594
,
the
7.
of
Ianuarie
,
and
the
19.
of
Iuly
1595.
the
27.
of
May
,
the
8.
of
Iune
,
and
the
26.
of
Nouemb.
1610.
and
the
26.
of
Iune
1614.
shall
bee
kept
,
and
obserued
according
to
their
forme
and
tenour
.
Forbidding
all
persons
,
of
what
qualitie
or
condition
soeuer
,
to
transgresse
the
same
.
And
to
this
end
they
shall
bee
published
in
the
Bayliwikes
,
Stewardships
,
and
other
Benches
subiect
to
this
Court
by
the
care
of
the
Substitutes
to
the
Attourney
Generall
,
who
shall
certifie
the
Court
with
in
a
moneth
vnder
paine
to
answere
it
at
their
perill
.
Made
in
Parliament
the
second
of
Ianuarie
1615.
Signed
VOISIN
.
The
lawfulnesse
of
all
these
Arrests
or
Decrees
is
manifest
,
partly
by
that
which
hath
beene
said
in
this
Treatise
,
in
the
Fourth
and
Fift
Obseruation
,
and
in
the
Second
,
Third
,
and
Fift
Chapters
,
and
more
particularly
by
Widdrington
in
his
Discussion
of
the
Decree
of
the
Lateran
Councell
against
Lessius
,
part.
2.
sect.
9.
for
that
Christian
Princes
by
vertue
of
their
temporall
power
haue
good
&
full
authoritie
(
according
to
the
doctrine
of
Ioannes
Parisiensis
,
Ioh.
Paris
.
de
potest
.
Reg.
&
Pap.
c.
21.
ad
37.
Victoria
,
Victoria
Relect.
1.
de
potest
.
Eccles.
sec.
7.
§.
octaua
propositio
.
Sotus
,
Sotus
in
4.
dist.
29.
q.
1.
ar.
4.
Bannes
,
Bannes
2.
2.
q
11.
ar.
4.
q.
1.
in
fine
.
Couerrunias
,
Couerr
.
cap.
35.
pract.
quest
.
&
which
is
grounded
in
manifest
reason
)
to
forbid
the
maintayning
,
teaching
,
and
publishing
,
not
only
of
hereticall
erroneous
,
and
false
propositions
,
but
also
of
all
vnnecessarie
doctrines
and
positions
,
be
they
neuer
so
probable
,
as
the
teaching
and
publishing
of
the
same
is
dangerous
to
the
Crownes
and
liues
of
temporall
Princes
,
and
tendeth
to
the
subuersion
of
the
State
,
and
to
the
disturbance
of
the
publike
peace
in
the
Ciuill
Common-wealth
,
whereof
the
Prince
hath
charge
,
and
to
punish
with
temporall
punishments
the
teachers
,
maintayners
,
and
publishers
,
of
such
dangerous
and
seditious
doctrines
.
Haec
omnia
Ecclesiae
Catholicae
indicio
subiecta
sunto
.
FINIS
Page
|
Line
|
Faults
|
corrected
.
|
8.
|
13.
|
would
|
would
not
.
|
35.
|
4.
|
at
first
|
at
the
first
.
|
71.
|
16.
|
Authors
|
Authour
.
|
87.
|
27.
|
or
vnlawfull
|
or
lawfully
.
|
133.
|
20.
|
bound
|
bound
.
|
144.
|
16.
|
bound
|
bound
.
|
146.
|
10.
|
dipose
|
dispose
.
|
187.
|
1.
|
and
to
be
|
and
be
.
|
191.
|
4.
|
Deputies
|
Deputies
.
|