A Discourse Penned by a Romish Priest, Section 3

A Discourse Penned by a Romish Priest · Section 3

p. 82§. 3. That it is not unlawfull to goe to Church for feare of danger of subversion or Blasphemy, which is the third and last branch of the Minor to be proved.

WHich I prove thus. Not danger of subversion: for to what purpose should they preach subversive doctrine? when that supposeth a knowledge in the Minister of some people there present to be subverted. Which supposition is false, and must needs savour of a broken fancie. For the Minister intends no more, then to exhort his Auditors to a good life, and to instruct them in moralitie. For as I have said, if he should preach controversies, he must know some Catholiques to be there; or otherwise he would but ingender doubts among Protestants, and doubts science: and by that meanes would more trouble and disturbe the mindes of the people, then profit them; which out of prudencie, he forbeares: and so contents himselfe now and then, with an untruth, and away. And in Catholique countries p. 83I my selfe have heard Priests rebuked for preaching of controversies to a Catholique auditorie, as being a meanes rather to disturbe them, then profit them, as troubling themselves with doubts of things either above their reach and capacitie; or whereof otherwise they are infallibly certaine: so that generally controversies are never preached, unlesse it be to bring people from their doubts, to a better and greater certaintie then they were in before; which hath onelyonly place among people newly converted, or staggering in their religion.

Secondly. A man is said to be in danger, when that which is feared commonly & oftner hapneth then the contrary: so a man is in danger of subversion by going to a place, where few come, but are subverted: but so it hapneth not in the Protestant Church: as is apparent by Schismaticks of all sorts; who many yeeres frequent the Protestant Church, and yet retaine their opinion of the Catholique religion without subversion, and become Catholiques at last.

Adde that going to Church will rather confirme Catholiques in their religion, then subvert them from the same: for then they will have upon their owne knowledge, what now they take upon trust: for if what is done in Protestants Churches, be opposite to what is done in Catholique Churches (as the contrarie opinion useth to say, comparing them to light and darkenesse, which are privative opposites according to Dialecticks; although the comparison p. 84be false) I say, opposita per se posita magis elucescunt: opposites being set together doe more clearely shew each other; then that which is best, sends the best species to the power from the object, and consequently to be embraced. Now if a man hath the best already, it will then more clearely appeare; and he is not so mad, as to leave the best, and take the wor…; but will be more sure and certain, that he hath the best: as seeing the opposite, and confirme himselfe the…ein. This appeares true to every meane capacitie: What danger then can there be in going to Church? shall we be afraid to let a Greyhound goe into the ppYet some of these Greyhounds have beene taken by the Hares he speakes of, as Albertus Piggius by Calvin…, Paulus Virgerius by Bre… tius, and divers others, but of this see pag. 53. letter E.field, for feare he should be taken by an Hare?

Thirdly, those that goe to Church, either they were borne Catholiques, or converted Protestants; if the latter: then that which moved them to become Catholiques, cannot move them to be Protestants againe. If the first, it were a wonderfull thing, that hearing a little moralitie, should make them fall from the doctrine they were brought up in all their life: or hearing a small piece of controversie mentioned (if it should so happen) by a Minister, they should be presently carried away from the doctrine they have so long knowne, and never once tell it to the priests, they daily converse with: especially when they goe not out of any dislike of their religion, but with a cleare conscience for some other ends. I conceive it would rather confirme them, in hearing that spoken, which in their owne conscience they p. 85know to be untrue, that it will be so farre from troubling or striking their consciences, that they will come home rejoycing at the truth, which they heard that day impugned: as that they heard the Minister speake of such, or such a point: as that Catholiques adored qqIt is true that the Romanists teach the simpler sort of the vulgar, that they are not to adore Images, but onelyonly to use them for memorie sake: and Cardinall Bellarmine himselfe in his second Booke De imaginibus sanctorum, c. 22. hath these expresse words, quantum ad modum loquendi, praesertim in concione ad populum, non est dic…dum imagines ullas adorari debere latriâ; sede contrariò non debere sic adorari: For the manner of speech especially in Sermons to the people, we must not say that any Images ought to be adored cultu latriae, but on the contrarie, that they ought not to be so adored: Yet the truth is, that the Romane Church maintaineth the religious worship of Images. For in the second Councell of Nice confirmed by Pope Adrian they are thunder smitten who adore them not, clamat Synodus, saith Bellarmine in the Chapter above cited, imagines adorandas and venerabiles imagines amplexamur; qui secus faxit anathemate percellimus: and in the nineteenth yeere of King Richard the Second, the Lollards have a forme of recantation prescribed them in these words. From this day forward I shall worship Images with praying and offering unto them, in the worship of the aints, that they be made after Ex Rotulo Clausarum de Anno decimo nono R. sec. in 18. dorso. See the Appendix to the Animadversions. And to come neerer; the Councell of Trent, Sess. 25, decreeth in these words, Imagines Christi, et deiparae virginis et sanctorum in templis perpetuò habendae et retinendae sunt, iisque debitus honor et veneratio impertienda. The Images of Christ, and of the Virgine the mother of God, and of Saints are perpetually to be had and kept in Churches, and due honour and veneration to be given unto them: and lest any should thinke that this worship and veneration is not to be exhibited, to the Images themselves, but only to glance through them to the Saints. Cardinall Bellarmine in his second booke De imaginibus sanctorum, c. 21. most plainely and expresly resolves the point: Imagines Christi et sanctorum venerandae sunt, non solum per accidens vel improprie; sed etiam per se et proprie; ita ut ipsae terminent venerationem, ut in se considerantur; et non solum ut vi…em gerunt exemplaris: The Images of Christ and Saints are to be worshipped not onelyonly by accident and improperly, but also by themselves an… properly; so that the worship is terminated in them as they are considered in themselves, and not onelyonly in regard of that they represent. And cap. 20. He acknowledgeth it to be the opinion of Alexander of Hales, Tho: Aquinas, Caietane, Bonaventure, Marsilius, Almaine, Carthusian, Capreolus, and others, that the same honour is due to the Image and the patterne; and theref…re the Image of Christ is to be worshipped with latria or divine worship. And Vasquez de adorat. l. 1. disp. 6. c. 3. Rex Nebucadonosor admirans sapientiam et spiritum Danielis, in signum honoris et reverentiae, iussit ei offeri munera odorum et suffituum, id quod nos etiam secundum fidem nostram immaginibus facere consuevimus. Nebucadonosor admiring the wisedome and spirit of Daniel, in signe of honour and reverence unto him, commanded that sweete odours and incense should be offered unto him, as we according to our faith use to doe to our images: and now let the intelligent Reader judge whether Protestant Ministers are slanderers, or Papists Idolaters and Image-worshippers by their owne professionp…ctures, or the like; which they knew in their owne con…sciences to be false, and thereby stirre up an earnestnesse in them in religion, as zealing their owne being opposed by falshood: and this may ingender such passion or distraction in the hearer, that it may be thought zeale of religion or p. 86heate of devotion. Which heate, if after this fight of contrarieties or opposition, should not be allayed (the parties being as it were swallowed up, with zeale of the house of our Lord) and the dislike of the Sermon as fraught with untruths, seeme too troublesome: they may depart the Church, for there be many cases of necessitie, to make a man go out of the Church, and as many likewise to make him come short of the same: as to Service (if it stand: if not, there is the lesse to be done, and it shall never trouble me) Sermon, or both: for as there are many waies to the wood, so there are many waies to the Protestant Church. And I have p. 87alwaies observed, that most commonly Catholiques converted from Protestancie, have been more firme and solid in religion, as knowing both, then those that never knew but one. And if Schismaticks (of whom I have before spoken) from the wisest to the meanest of capacity, that notwithstanding they goe to Church, and are voyd of grace, are never so much as shaken from their intention of being Catholiques, or their opinion of Catholique religion; why should those that abound so much with Gods grace and professed Catholiques, be said to be in danger, or feared to swerve from a religion they so well know?

As for blasphemie there is likewise none. If you reply (as the contrary opinion useth to doe out of Saint Thomas 2^a. 2ae. q. 13. art. 1. and 2.) that Protestants out of a set intent and purpose ascribe their heresies to Gods revelation, and denie his revelations to Orthodox articles of faith, in which consists blasphemy, and without this blasphemy they cannot preach: and therefore no Catholique can goe to Church. I answer the antecedent to be false; and this blasphemie to be much like the Rhemists Idolatry, as preferring and embracing their owne opinions before God: and so honouring a creature and rejecting their Creator: but in truth and charitie, we ought not to make them worse then they are: for blasphemie and Idolatrie being sinnes, there must be some formall intention in the sinner to deny God his due in what he doth. And so likewise there must be an intention p. 88of committing Idolatry; that is, of preferring and embracing that which is a morally knowne creature before the Creator; and so to give the creature what is due to the Creator: or otherwise there can be neither blasphemie nor Idolatry. As no man will say, that I eating flesh on a fasting day unknowne or forgotten, commit Idolatry in preferring my belly before the law of Gods Church, and consequently God, because I had no intention thereto: so no man can say that in the Protestant Church there is formall Idolatry or blasphemy, because they mistake. For Diana saith, 5^a. parte tract. de par. mamae. resol. pag. 138. that blasphemy is a sinne, in that contumelious words are spoken against God with a minde or intention to dishonour God, either directly, or indirectly, virtually, or interpretative. Now in the Protestant Churches what contumelious words are spoken against God with a minde, &c? If you say as before, that they ascribe their heresies to Gods revelation, and deny his revelation to Orthodoxe Articles. I answer, th…t their minds and intentions are not so much as interpretativè to dishonour God thereby; or indeed so to ascribe their heresies. For if they knew their opinions to be heresies, and the tenents they reject to be Orthodoxe Articles, as we do by the light of faith; it would evidently follow, that they spake sometimes contumeliously against God, which they doe not know, but simply interpret Scripture according to their owne fancies, and therein they erre and mistake. And p. 89because they doe not endeavour the meanes to search and know the truth, by the definitions of Councels, and Doctrine of Catholique Fathers, they sinne: yet doe not commit Idolatrie: for it is not their intention, to make an Idol of their opinion, unlesse you take Idolatry so largely, as every sinner may be said to be an Idolater: because in every sinne there is an aversion from God, and a conversion to the creature: and consequently in this sense, all sinners are Idolaters. And if it be unlawfull to converse with these Idolaters, or the like blasphemers; that is, such as sinne by word or deed; we must converse onelyonly in spatio imaginario, or as Saint Paul saith, 1 Cor. 5. vers. 10. We must goe out of this world.

There were divers very learned and holy Fathers, as Saint Cyprian in the question of Baptisme administred by hereticks, S^t. Anselme and others, who did mistake and erre, before they knew the sense and definition of the Church: whom therefore to call blasphemers or Idolaters were blasphemie indeed. So likewise there are divers points this day controverted among Catholique Divines, as the immaculate conception of our blessed Lady and the like; the Authours of which to count blasphemers, before they knew the sense of the Church, were more then peevish. Neither are they to be so accounted, after the sense of the Church is knowne, for the time they held their opinions before. So it is with Protestants, for although the Orthodoxe Articles are knowne p. 90to us by the Church; yet to them they are unknowne; and to most of them so unknowne, as if they had not been revealed at all; because they know none other Church but See page 52. letter ….their owne. And therefore what they beleeve, they have by errour and mistake, and not as blasphemy. Whence in my opinion it were more proper and Apostolicall for such men, as call them blasphemers and Idolaters, to use some prudent and faire way, to propose to the aforesaid Protestants, the true Church, and the authoritie of the same, without all suspition of partialitie, and then they should see, whether having this meane of beliefe in a balanced judgement, they would attribute their heresies to Gods revelation, and deny his revelation to Orthodoxe Articles, or no.

To the authoritie of S^t. Thomas. I answer, that he meaneth such as attribute heresies quatenus tales to Gods revelation: and deny his revelation to Orthodox Articles quâ tales: as Arch-hereticks did in this reduplicative sense to be blasphemers. But not such as take Scripture for the revealed word of God, and misunderstand the same in a specificative sense, through their own ignorance or infirmitie, to be blasphemers; Neither did S^t. Thomas or any other temperate and solid Divine ever inte…d to say.

It may be here first objected, that Catholiques in the beginning of Queene Elizabeths Raigne went to Church, and so did likewise the Catholiques in Scotland: and they were all, in p. 91a short time subverted. Ergo: there is danger of subversion in going to Church. I deny the later part of the antecedent: and say, that while the plot of Recusancie was working, there was a command got, upon the former suggestions, that no Catholiques should goe to the Protestant Church. So by barring them of their Christian libertie by degrees to bring in Recusancie, as a pretended signe, betweene a good Christian and a bad. Which some few Catholiques then beleeving themselves bound to obey (as indeed they were not, but might as well withall reverence and obedience have beseeched the Pope to have recalled his command) refused the Church. Others (and those the most part of the kingdome, as appeares by the afore Author of the Answer to the Libell of Justice, cap. 8. pag. 172. & 182.) fearing the penalties of the said Statutes, did not refuse: but continued to goe to Church: who being neglected by Priests (being but a few then in England, and those of most power, being for the said recusancy) as having no spirituall comfort, or instructions in what sense, they might truely and lawfully doe what they did, to avoyd the said penalties of the Law, and likewise thinking that those Priests thought them to doe ill▪ in what themselves found no hurt, they dyed as they lived. But whether in Protestant tenents or Catholique: or whether they would not have dyed Catholiques if they had had helpe, especially such as lived before in Queene Maries time, I present to any wise and pious mans p. 92judgement truly considering the state of those times. And afterwards their children being still neglected upon this point of Recusancy, and living in ignorance, ingendred the Protestant Re…igion now on foot. So that the cause of their falling was not their subversion, as may be proved by witnesses yet alive; but over indiscreet zeale in Priests the chiefest heads of whom (ayming as is evident at a temporall end) neglecting and rejecting such as would not obey their unreasonable command: and in the same manner it hapneth with Catholiques that now goe to Church in these dangerous times. Who going to Church only to save themselves from ruine, and being rejected as judged to be fallen from the true faith by ignorant Priests, and therefore not looked after, with any Christian instructions or admonitions faine themselves Protestants, rather then they will bee thought to live against their conscience. Whence I may truely say (and prove by the Authour last before cited, who confesseth that in the thirteenth yeere of Queen Elizabeths reigne the third part of this Kingdome at least was Catholique) that since the fall of Religion in England, by this onelyonly Cheate of recusancie, tenne soules have beene lost, for one gained, which is both lamentable and damnable to those that were the first Authors of the same.

As for the Scots: their fall was neither subversion or Recusancie which was never generally admitted (because not covertly procured) by the Clergie of that Kingdome: but p. 93want of Priests to administer the Sacraments, and give them other spirituall comfort; who seeing the soyle not so fertile as ours, and the lawes more severe; those few that were, rather chose to converse on the Northern borders of England, then in their owne Countrey. And Catholiques there, seeing themselves destitute of all spirituall comfort, went to Church to save their inferiour portion from ruine; who if they had had but plenty, or sufficiencie of priests to have instructed them, I doubt not, but they would have still remained Catholiques. And it had been farre more easie, so to have conserved them, then fallen now to convert them. And thus came the bane of ssThe bane of Poperie not of Catholique religion. See pag. 1. letter C and pag. 52. letter C.Catholique religion into both Kingdomes; which are like so to continue remedilesse, unlesse they be assisted by Gods infinite and miraculous power.

It may be objected secondly; that divers Popes, as Paul the fourth, Pius the fifth, both the last Gregories, Sixtus, Clement, and Paul the fifth, granted to priests their faculties with an intention, that they should administer the Sacraments to onelyonly such, as abstained from Protestant Churches. I answer that it is so said by R. P. but whether it be so in truth or no, I know not: peradventure such faculties might be granted to such as received them from the aforesaid suggestors hands, and to none others. Neither did I ever see any faculties as yet so limited, nor I hope ever shall. For although the aforesaid Popes might be inclined to the said suggestors tribe, & so admit of their suggestions, p. 94thinking them to proceed from zeale, and not from hypocrisie: who likewise thought their pretenses holy: and what a Christian like thing it was, to suffer persecution for Gods sake; and what a number of Martyrs were made in England, & sanguinem martyrum esse semen Ecclesiae: that the blood of the Martyrs was the seed of the Church. Further, what an abominable people Protestants were: Idolaters, blasphemous heretiques, subversive of soules, and many other the like exaggerating speeches; upon which any Pope living (unlesse he had foreknowne their drift) would have done the like. Whereas certainly had they but made known, the true State of England in those dayes, and sought the good of souls (and not themselves) in truth they ought to have done; the said Popes would never have done, as they did to us, more then to the Scots, Hollanders, Germans and other nations: by subjecting us and all posteritie by this device of Recusancie to all misery and slavery. Neither hath his Holinesse that now is, ever declared any such thing, for I perceive that he (better knowing by experience the said suggestors tribe, and their plots, with their moth-like dealings in most Kingdomes) will be advised hence forward, how he granteth any more Rescripts, or limiteth any faculties upon their importune suggestions. As for our Martyrs of England. I hope them truely Martyrs, because they died not so much for recusancie, ttNay not so much for Religion, noe nor at all for it, but for Treason and disloyaltie. See pag. 22. letter Q.as for Religion and a good conscience (although that might be a meanes to bring p. 95them to their death, sooner then otherwise). Yet I dare not call all of them Saints, untill the holy Church doth bid me, as having approved of their miracles: but most of them I think truely to be blessed men, and of great charitie. For as our Saviour saith, Ioh. 15. v. 13. Majorem charitatem nemo habet, quam ut animam suam ponat quis pro amico suo. No man hath greater love, then who layeth downe his life for his friend. Yet I hope likewise others some, who yet live, to be as blessed, and their charitie or love as great; although not so apparent for the present, because as yet not exercised in fight, but when God shall be pleased to call them to suffer for their Religion, they may make it as manifest. For although a man of a thinne skin, and a veine transparent with lesse art strooke, doth presently bleed in abundance: yet no man may hence inferre, that a man of a thicker skinne, and a more obscure veine not lightly strook, hath no blood in his body to shed; so it is in the present, betweene him that suffers for Religion being discovered by Recusancie, and him that suffers not, being undetected by rejecting the same. And in this they differ; that as the one suffers for a good conscience sake; so the other suffers not, with a good conscience. As for the said exaggerating speeches, they doe so much strengthen and confirme me, knowing them to be false, that I am morally certaine: that the said uuThe Fathers heo speakes of were the flower of the Councel of Trent, neither were they abused by any false suggestion, for the case was put truely unto them, and they resolved it according to their conscience after long disputation and mature deliberation. See an extract of their Decree in the Appendix to the Animad versions.twelve Fathers in the Councel of Trent, p. 96selected by the said suggestors for recusancie were abused; aswell as the aforesaid Popes. And therefore as they are said to have granted to some limited faculties, meerely upon the said false suggestions (which how farre they did binde, the suggestors at their pleasure, to great persons according to their custome, could very well tell) they might as well have granted the same, without any such limitation, if it had pleased them: and I am perswaded more to the glo…y of God and increase of his Church as daily experience teacheth. For it is improbable with me, and against the nature of an Apostolicall mission, that men should be sent out of Colledges into Protestant countries to private mens houses, to play bo-peepe: as fearing to be seene conversing with Protestants, and Protestants not caring to come to them, for any matter of religion. I wonder by this kinde of conversation, what kinde of conversion could ensue? whereas Saint Paul said to them that were about him, Act. 20. vers. 20. You know how I have withdrawne nothing that was profitable, but that I preached it to you, and taught you openly, and from house to house. Neither doe I beleeve that any man can prove any notable increase of Catholike religion in England, either in great families or in small, from the time of this recusancie brought in, unto this present: onelyonly this I see, a great impoverishment of the Catholiques here, and halfe a dozen faire high Colledges built beyond the seas, besides what common purse I know not: and this I conceive p. 97to be all the effect of recusancie; for persecution (as I have said) begets prayers to God, and almesdeeds to his supposed servants, which produce great Colledges for refuge to themselves.

But some may here againe reply; that if recusancie had beene rejected, and conformitie admitted, yet Protestants would have had some other invention to punish Catholiques for their religion. I answer it might be so, if some evill spirits had told them the proceedings of Catholiques before hand (as I never yet knew in my life Catholiques private to themselves) otherwise why should they have invented more to punish Catholiques, then they have hitherto done to punish Schismaticks or Separatists? The said Suggestors had best invent for them some way more then they have already, to continue a persecution, which were but conformable as it seemes, to the said Authour of the Answer, &c. cap. 9. pag. 216. as is before said: who delighteth more to have a persecution (although not to fall upon himselfe or his tribe) then a toleration in religion. Yet in the meane time, we had done the uttermost of humane prudence, and then wee might have left the rest more safely to God; who ordinarily, what second causes cannot doe in working to his will, himselfe mercifully supplyeth▪ and then at leastwise, it would have beene more apparent to the whole world, that we had suffered meerly for religion, and not for a toy, to wit: wwIf Recusancie be so small a matter, the more to blame all Papists who for such a toy as Recusancie, doth disobey the Lawes. The easier the performance of a cōmandement is, the greater contumacie in disobeying it.Recusancie.

p. 98Adde that whatsoever had beene invented either by oath or abjuration, or what else, it must have been done in justice, and I hope by a xxHere he hath found la…bram periurio, this conceit, of not being bound to answer the truth but before a competent Iudge (and they will have none a competent …udge but one of their owne religion) is the …yges ring by which the late Papists, especially those that are Iesuited goe invisible in and from all our Cour…s of Iustice. But I demand of them First, why our Iudges in England are not as competent, as those beyond the …eas: if the King be, as it is treason for them or any other to denie, our Leige Lord and lawfull Sovereigne, those that are put in authoritie under him (being men of learning and integritie) cannot be denied to be competent Iudges. The Apostles rule is without exception, There is no power but of God, the powers that be are ordained of God, Rom. 13.1. And by higher powers to whom we must be subject, he understandeth not onelyonly Kings, but all those that are in authoritie under them, 1 Tim. 2.2. First the King as supreame, and after governours, as them that are sent by him, 1 Pet. 2.13, 14. Secondly, I demand of them, whether that command of Saint Peter, 1 Pet. 3.15. may be limited by their distinction of a Iudge competent and incompetent? surely though in other causes a man is not bound to appeare or answer coram iudice non competente: yet in matter of faith when we are required to give an account o… it there is no excepting against our Iudge. For we must be ready alwaies to give an answer to every man that asketh us a reason of the hope that is in us with meekenesse and feare. Thirdly, I demand of them whether they account Pilate a competent Iudge in Christs cause, or Nero in Peters and Pauls cause, or any of the Roman Deputies and Proconsuls before whom the glorious army of Martyrs (who signed the Christian Faith with their bloud) were brought, were competent Iudges? they were no Roman Catholiques nor Christians; yet Christ Iesus before Pontius Pilate, 1 Tim. 6 13. and Peter and Paul before Nero; and the rest of Christs noble souldiers before heathen Iudges, witnessed a good profession. Fourthly, I demand when that confession of faith which the Apostle implyeth to be necessary to salvation is to be made, Rom. 10.10. With the mouth confession is made to salvation, is it not when we are brought before Kings and Rulers for Christs name sake, Luke 21.12. For a testimony against them? If we are bound to confesse our faith onelyonly to those of our owne religion, because they are onelyonly supposed to be competent judges, no man ever need to suffer for his religion, and all the noble Confessors and Martyrs of former ages by this Iesuiticall doctrine deserved rathers fooles caps then Martyrs crownes: for they did not shed their blouds for Christs cause, but they spilt it causelesly. For they needed not to confesse what they were, before incompetent Iudges. Here I will make bold to use the words of David concerning Abner, 2 Sam. 3.33. Did Abner die a foole? Did all those worthies whose soules cryed under the Altar, Apoc. 6.10. How long Lord, holy and true, dost thou not iudge and avenge our bloud on them that dwell on the earth, and to whom white robes were given, vers. 11. Die as fooles? it seemed they died so in the judgement of this Priests prudent Catholique, who though by this slight he now avoid all confession of his faith (that he is not examined before a competent Iudge) yet he shall one day, when he shall come before the Iudge of all the earth condemne his own folly, and justifie and magnifie also Christs noble Confessors and Martyrs, taking up the lamentation of the reprobate set down in the booke of Wisedome, We fooles accounted their life madnesse, and their end to be without honour, but now how are they numbred among the children of God, and their lot is among the Saints, therefore have we erred from the way of truth, and the Sunne of righteousnesse hath not shined upon us, Wisdome 5.6.Rom 13:11 Tim 2:21 Pet 2:131 Pet 2:141 Pet 3:151 Tim 6:13Rom 10:10Luke 21:122 Sam 3:33Rev 6:10Wis 5:6competent Judge▪ or otherwise I should have taught out of the common opinion of Catholique Divines, p. 99as well Schoolemen as Casuists, that putting off their hats, they might have passed by, in Justice: for as Titelman saith, contra vulpem yyI have read, logicam si vis discere lege Titlemannum, ille Sophistarū crimi…a pandere vult, but I never read, theologiam si vis discere, lege Titlemannum, he is in a very ill case who rules his conscience by this casuist whose divinitie is no better here then his Latine. I confesse in Machiavels schoole it is a lesson read to those of the upper forme, leoninae assuere vulpinam, to piece out the Lions skinne with a Foxes, but in Christs schoole Zuickius teacheth us another lesson, non decet in hac causa cum vulpibus vulpinari et cum astutissimis huius mundi sapientibus, astutia certare, certandum est nobis solâ perseverantiâ pietate simplicitate adeo et patientiâ crucis: we ought not to play the fox with foxes, nor contend with the subtile vizards of this world in craft and subtiltie, but we must fight against them, with sole perseverance and piety, and simplicitie, and bearing of the Crosse. In the whole Scripture we never reade of fox or fox craft commended. The Spouse in the Canticles commanded to take the foxes, the little foxes that spoile the grapes, Cant. 2.15. And it is Davids curse upon Gods enemies, let them be a portion for foxes: and our Saviour to brand Herod with perpetuall infamie, calleth him a fox, Luk. 13.32. saying, Goe ye and tell …hat fox, neither can it be proved to bee more lawfull for us to play the fox with foxes, then play the wolfe with wolves, or play the Sophister with Sophisters, or play the hypocrite with hypocrites, or play the Devill with Devils. Though craftie companions may deserve to be served with their owne sawce, yet it is not fit for us to dresse it for them. The very Poet could say ac tu indignus qui faceres. That may be very just and fit for one to suffer which is not yet fit for another to inflict or put upon him. However this Priest is not his crafts master. For it is against fox craft to professe it: he will hardly or never deceive a m…n, who brags before hand he will doe it, and though it may be this Priest and his complices are annosae vulp…s, old foxes, and the proverbe is, annosa vulpis haud capitur laqueo: an old fox is seldome or never caug…t in a snare: yet if those who are commanded to catch these foxes should be pleased to make snares with this fox his owne cords here stretched out by him, namely to put them to an expresse abiuration of the maine and fundamentall points of their Trent faith, or set them such a forme of recantation of their tenents, and with such conditions as they enjoyned the Lollards in the dayes of King Richard the second, (See the Appendix to the Animadversions infra) it may verily be hoped through Gods blessing upon the wisedome and care of zealous Magistrates, that this Kingdome of England may in time be as free of these foxes as it is now of wolves, with which in former ages it much abounded.Song 2:15Luke 13:32vulpizare licet. It is lawfull for a man to play the fox against a fox.

p. 100It may be objected thirdly, that it was Decreed in the 63 Canon of the Apostles. That if any Clarke, or Lay-man did enter into the Synagogue of Jews or Hereticks to pray, he should be deposed, and excommunicated. I answer, that it might be a necessary Decree: because then there were but young Christians, and they newly instructed, in very high mysteries, as the mystery of the Incarnation, which was so hard to them, as that God should be borne man, p. 101poore, live poorely, and at last be put to so shamefull a death, by the hands of men, his own creatures, that the forcible Arguments of the Jews might have zzThere was no feare of the Iews perverting the primitive Christians, especially in the Apostles dayes in which we reade in the Acts, how mightily the Apostles and their converts confounded the Iewes, Christ making good his promise to them that he would give them a mouth and wisdome which their enemies should not be able to resist, Luk. 21.15. but the true reason why they made such a Canon (if yet they made such Canons w^ch is very much doubted) was to prevent the scandall which the Church might receive by the Christians frequenting the Iews Synagogues in which the now abrogated rites of Moses were to the injury of the Gospell retained, and Christ himselfe blasphemed which no Christian eare ought to endure.Luke 21:15easily perverted them. Againe, the Jews were formall blasphemers of God; our Saviour telling them himself; that he had done those signes among them, that no other man could doe. Whereby he gave them to know, that he was God: all which the Jews rejected as naught, and said, that he did them in Beelzebub Prince of the Devils. And when he told them, Ioh. 10. vers. 36. that he was the Sonne of God, they answered that he blasphemed, to whom he replyed, vers. 37. If I doe not the works of my Father beleeve me not. And therefore it was requisite, that those Christians should abstaine from their synagogue, least they should have fallen to have been as they were.

The company of hereticks, the Apostles might likewise forbid: because they were such as fell from and amongst themselves, and very likely particularly denounced excommunicate; so that danger of subversion was there imminent: because their intention was formally to subv…rt, and infected with one or two points of heresie were not so easily to be discerned, as those that professe themselves so wholly different from the Catholique Church, that if they did but know a Papist to be in their Churches, they would goe neere to pull them downe p. 102to the ground; and so borne and bred, as they know no other religion, but their own, and there doe so rest: teaching their own but to live morally which is both common to Catholique and Protestant. Which motive or reason hath no place in our case, where (I contend) there is no danger at all.

Hence it may be generally observed that what Scriptures, Councels, Fathers, or Canons soever, forbid Communication with hereticks: they are to be understood of notorious hereticks in point of their heresie, or particularly denounced excommunicated for heresie and fallen in Catholique countreyes or from amongst Catholiques. And not of such as are not formall and subversive hereticks, but borne incredulous in a countrey to be converted, and not knowing the Catholique Church.

After all this, some may yet say, that it hath been a long custome with them to abstain from the Protestant Church above these threescore yeers: and they have suffered and lost much by refusing the same; and can I have so little judgement, as to thinke upon mine own bare word or opinion to make them leave this their custome? I answer (how small soever my judgement be) that it is not only my opinion, but the common opinion of Divines in the Catholique Church: and I never spake with any Priest in England about this point in my life, that was able to give me satisfaction to the contrary. Some indeed have answered me, that it were lawfull, if it were not for scandall. Others, if p. 103it were not a distinctive signe: and when I have urged, that scandall may be avoyded (as I have before said) and for a distinctive signe, I knew none, for who should institute that signe? then they have answered, that a long custome had brought it in: I have blessed my self to thinke, that men should so unjustly deale with poore Catholiques, as to bring upon them a yoake or fetters; which they can keepe upon them by no other law, then that they themselves cunningly got them on, or chained them about threescore yeeres since, and now to kicke of these chaines, or their devises would prove (forsooth) scandall: because they would seeme refractary and disobedient to their suggestive humours: but to give me a reason why going to Church was unlawfull before the refusall thereof became this supposed distinctive signe, or before the same could be cause of scandall I could never yet heare any man give: but only the aforesaid R. P. hath given in writing the aforesaid suggested untruths (with a great deale of passion that this my opinion was thought rationall …or almost fortie yeers agoe and since recusancy was brought in, (as appears by his said booke) of many most prudent men in this kingdome,) which is to me no reason at all. For let us propose to any Divine in Christendome these three following questions: relating the true state of the Protestant Church in exterior actions (for we meddle not (as I have said) with their opinions in matters of faith) and withall adding that we are constrained to them p. 104under aaSee page 22. letter Q▪paine of death, and losse of all temporall fortunes.

1. Whether it be lawfull for a Catholique to heare the Prayers, Epistles, Gospels and Psalmes of the Catholique Church among Protestants in their Church?

2. Whether it be lawfull to heare a Protestant preach in the same place, some moralitie, although it should by chance happen that some ignorant Minister should speake of some point of mistaken doctrine: as that Catholiques trust in their bbIf Papists trusted not in their owne merits, it would goe better with them then I feare it will with many, who the more they arrogate to themselves, the more they derogate from our Saviour, and the further they go from salvation. I confesse many of them upon their death-beds have renounced their own merits, and wholly stucke to our Saviours: yet certaine it is that the generall doctrine of the Church of Rome is for trust in their own merits. For they teach that faith alone doth not justifie us before God, that good works are not only satisfactory for sin, but also meritorious of eternall life, and supererogatory also for others▪ (Consil. Trid. in sess. 16. Bellar. l. 5. de iustif. c. 16.) and they who beleeve that they can so farre stead them do commonly confide in them. Let them returne to the more ancient and true tenent with Bernard, saying, Meritum meum est miseratio Domini; Gods mercy is my merit, and if their be any worke of our own meritorious it is the renouncing our owne merits and flying meerely to Christ; sufficit ad meritum scire quod non sufficiant merita. Let them confesse with holy Iob, Iob. 9.3. that they cannot answer one of a thousand, and professe with Esay, Esa. 64.6. All our righteousnesse is as filthy clowts; and pray with David, Psal. 143.2. Lord enter not into iudgement with thy servants, for in thy sight shall no man living be iustified; and close up their last Will and breath also, as Bellar. is said to have done: (For Papists often dye in another faith then they lived,) with that holy ejaculation; Lord vouchsafe to receive me into the number of thy Saints, non meriti estimator, sed veniae largitor, not weighing my merits, but pardoning my offences, and we will not only cleare them of Pharisaicall pride, and trusting in themselves, but also conceive a better hope of their salvation.Job 9:3Isa 64:6Ps 143:2own merits or the like falshood?

p. 1053. Whether it be lawfull for a Catholique to receive bare bread and wine in remembrance that Christ dyed for him, as a pious ceremony? and whether not better, so taken, then without such remembrance?

I dare say that there is no impartiall Divine, but will answer. Yes. And for these opinions I make no question, but if I had been as well backed in Rome, as the said R. P. was, I would have got as great approbation to the same; as he had to the same questions after his subdol…us manner proposed as followeth.

1. Whether it be lawfull to frequent the Churches of hereticks, where there is both imminent danger of subversion and scandall?

2. Whether it be lawfull to heare the blasphemous and id…latrous Sermons of hereticks, in which both God and his Church is notoriously and highly abused?

3. Whether it be lawfull to receive Calvines ccSee a spunge to wipe out this false aspersiō upon that worthy servant of Christ and great Instrument of Gods glory, pag. 59. letter H.Communion of bread and wine, w^ch they hold a Sacrament, and is a signe of hereticall perfidiousnesse, whereby a man betrayeth and denyeth his faith?

To which every Catho…ique whatsoever would and must answer. No, but this in truth is not our case. For the beliefe of Catholiques is not questioned, nor subversion, or blasphemie, or denyall of faith, either apprehended or feared. Neither can they scarce possibly happen in the Protestant Church, as I have before said, but the question only is, what Catholiques may exteriorly doe, for the safeguard of life p. 106with a good intention, and how, and in what manner, they may best converse, and preserve themselves from ruine with most securitie. Therefore I pray forgive the said R. P. who proposed the said questions in Rome out of his aboundant ddSee the Advertisement to the Reader.zeale (of money, and youth to propagate his family) not once considering that it is an impossible thing for them to be hereticks, who never were Catholiques. As for their custome of Recusancie. I say, first that it is no custome, for a custome is a continuance of a thing time out of minde without any interruption. Now recusancy hath been interrupted oftentimes, first by Doctor Wright who wrote against the same, Ann. 1607. and since him Master Broughton, and now my selfe. Neither hath it been time out of minde, for there are some yet alive borne in Queene Maries dayes, who have knowne when our recusancie was not in England, and thereupon in these troublesome times doe now goe to Church. I say, secondly, that an inconvenient custome with imprudencie, is better broken, then kept: and the prescrip…ion of threescore yeeres not good. Yet if they will needs claime a right in and to their actions by the same. I doe hereby promise, not to take it from them, by any suit in law. For I doe write, more to avoyd the scandall of the weake: then that I do thinke thereby to satisfie the weake, or rob them of their said custome. As for their sufferings and losses I am sorry for them, and doe assure my selfe, that they will receive a great reward for the same: because they suffered not so much, p. 107for the love of recusancie, as for the love of God: for whosoever doth the meanest worke (no indiscretion therein being apprehended by the doer) either for Gods sake or for vertue sake, although of some (considering the act it selfe, and not knowing the doers intention) it may be judged indiscreet: yet the worke may have a reward from God, and yet another that doth not the same, no punishment.

Thus the three branches of the said Minor proposition being proved: the Conclusion standeth good for the lawfulnesse of going to the Protestant Church.

Me thinks here I heare some storme, that if this my opinion should be admitted as lawfull: it would follow, that they must likewise take all the oathes that are made against Catholiques, which will tend to perjurie. To which I answer, that I would have them to do things consequenter, and any thing for safeguard of life, wherein their is no sinne. And to chuse: both the Oathes of Allegiance and Supremacie; which, if with patience they will but heare, when I have said what they are, I will presently prove, that they may be most lawfully taken.

The Oath of Allegiance divided into eight branches.

1. I A. B. Doe truely and sincerely acknowledge, professe, testifie and declare in my conscience before God and the world, that our Soveraigne Lord King Charles is lawfull and p. 108rightfull King of this Realme, and all other his Majesties Dominions and Countryes.

2. And that the Pope neither of himselfe, nor by any authoritie of the Church, or See of Rome, or by any other means with any other, hath any power, or authoritie to depose the King, or to dispose any of his Majesties Kingdomes, or Dominions, or to authorize any forreign Prince to invade or annoy Him or His Countreys, or to discharge any of his Subjects of their Allegiance, or obedience to his Majestie, or to give licence, or leave to any of them to beare armes, raise tumults, or to offer any violence, or hurt to his Majesties Royall Person, State, or Government, or to any of His Majesties Subjects within His Majesties Dominions.

3. And I doe sweare from my heart, that notwithstanding any Declaration, or Sentence of Excommunication, or Deprivation, made or granted by the Pope or his successors, or by any authority derived, or to be derived from him or his See against the said King, his heires or successors, or any absolution of the said subjects from their obedience. I will beare faith and true Allegeance to his Majestie, his heires and successors, and him and them will defend to the uttermost of my power, against all conspiracies and attempts whatsoever which shall be made against his or their persons, their Crown and Dignitie, by reason or colour of any such sentence or declaration, or otherwise: and will doe my best indeavour to disclose, and p. 109make knowne unto His Majestie, his heires and successors, all treasons, and trayterous conspiracies which I shall know, or heare of, to be against him or any of them.

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

5. And I doe beleeve, and in my conscience am resolved, that neither the Pope, or any Person whatsoever, hath power to absolve me of this Oath, or any part thereof.

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

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

8. And I doe make this recognition and acknowledgement heartily, willingly and truly, upon the true faith of a Christian. So helpe me God.

This Oath according to every part and parcell of the same may be lawfully taken by any Catholike; as have averred both M. Widdrington, p. 110Sir William Howard, and others; who have so substantially wrote of the same with explanations of each branch; that I thinke no wise man dares hazard his credit in going about to refute the same. Yet the weaknesse of some Catholiques hath beene so great, that they have not onelyonly taken scandall, (being of the Pharisees not much to be regarded) but gone about to defame such as stood for this Oath to their great prejudice; notwithstanding the said M^r. Widdrington in his Newyeeres-gift, hath sufficiently proved, that besides the authoritie of many famous Divines, it was the opinion of the chiefest secular Priests in England; but these uncharitable proceedings were hatched by a sort of arrogant and covetous people, who laboured to make every thing scandalous among Catholiques that was not done by their approbation; and to this purpose, the first principles were to leade people into scruples, and being there, to put a ring upon them, abusively tearmed, the yoake of our blessed Lady; by which they might more easily leade them to their opinions and censures, as men doe Bears to their purposes. Oh wise Venetians! how sacred are your lawes? would a man thinke that such blindnesse, or rather envious peevishnesse could be in Catholiques, as, what they understand not, to censure at their pleasure without any respect of persons? and presently judge them as fallen men whom they dislike? although indeed firmer then themselves, and very well able to teach most of their guides. But to the purpose, p. 111the truth is, that the aforesaid Authours have so fully proved the lawfulnesse of taking the said Oath, that no man needs speake more in proofe thereof, as not being able to speak better to the purpose. And therefore I referre every man to the said Writers to informe themselves lest they demeritoriously suffer for refusing the …ame.

This onelyonly give me leave to insert, as a caution to some, that considering it is contrarie to the Popes (forced) opinion as appeareth by his Declarative Breve; he that shall sweare or abjure the doctrine and position (That Princes which be, &c.) in the fourth branch, as impious, hereticall, and damnable (I conceive) indirectly abjureth the Popes opinion, as impious, hereticall, and damnable: and what a fault that may be made in Rome (especially by some suggestors, who although to mine owne knowledge doe teach, this Oath lawfull in private, to men of qualitie: yet in publique, and to his Holynesse out of a seeming zeale they will lament the fact) I leave to the judgement of wise men. When as they shall sweare his doctrine erroneous in such bitter terms, whom they acknowledge to be the supreame Pastour of their souls: questionlesse in such, it will be interpreted at the least arrogacie and presumption. And I for mine owne part should thinke it very hard to be forced to take the Oath of Supremacie in Rome under any termes directly or indirectly misbeseeming my dutie to my naturall Prince: howsoever he might erre in mistake. And therefore p. 112I doe humbly present the consideration of our case in this Oath of Allegiance to his Majesties most gracious Clemencie. This caution or consideration I present to such, as having taken the said Oath, intend afterwards to converse at Rome. But if death or ruine urge, then (spectata conscientia) I say as before, follow the opinion of Sir William Howard, and Master Widdrington as secure. For in such extremitie it is to be hoped, that his Holinesse will be rather a pious and pittifull father, then too severe a Judge.

If any be urged to this Oath out of any temporall preferment: let him follow the example of that huge Divine a Sancta Clara (an acquaintance of mine) and take it in private before a Master of the Chancery, and get a Certificate thereof from him, and it will be sufficient.

Here is to be noted the intolerable abuse which some suggestors did put upon the Popes Holinesse, concerning this Oath of Allegiance; who procured him to send forth a declarative Briefe, forbidding English Catholiques to take the same; as conteining many things plainly repugnant to faith and salvation: and by this meanes compelled him against his will, to make the Doctrine adverse to the Oath, his owne opinion. When as the procurers themselves, and their abettors did (as I have said) counsell in private, some men of qualitie (who were friends to them) to take the same as lawfull, as may be easily proved. And which is more strange, that they should procure it to be declared so repugnant: p. 113when as the doctrine to be abjured in the said oath wrote by Santarellus was declared by all the Sorbon Doctors and sixteene of the chiefest Jesuits in France to be wicked: so that what is held lawfull by most Divines in the Church (it being the most common opinion, except some few that would seeme to flatter the Pope) should be held wicked only for us to take: but I conceive, as I have said before, that the intent and end of the procuration of such Briefs is, that nothing should be thought good or lawfull in England to be done, without the speciall approbation of the suggestors tribe: so that if any man should doe what they have not approved, by vertue of the Popes Briefe, he shall be presently blasted for an heretick: and if he doe what they approve, he shall be saved harmelesse by them both at home and abroad, let him be never so bad. Sed meliora Spero.

Let any judicious man consider all the Buls, Breves and Censures that have beene procured touching the affaires of English Catholiques from the first Bull of excommunication against Queen Elizabeth by Pius Quintus to the last before spoken of in Anno 1639. against one who knowes nothing of the same, and he shall finde, by farre, more hurt done to Catholiques, then ever good. It were a blessed turne if some order might be taken by our most gracious Queene for the prevention of such mischiefes: which serve for nothing more, then to make Schismes and Rents in the Church of God, and the Pope, and his authoritie to be lesse regarded. p. 114It were more fitting in my poore judgement, that Catholiques were succoured in tribulation, then by barring them of their Christian liberty, in what they may lawfully doe, to adde affliction to affliction. I must say no more; for I perceive that some beginne to swell, but the matter is not great: for I will write nothing by Gods grace contrary to the Catholique Church. Yet I feare they will breake before I have done with:

The Oath of Supremacy, which is as followeth, divided into foure branches.

1. I A. B. Doe utterly testifie and declare in my conscience, that the Kings highnesse is the only Supreme Governor of this Realme, and of all other his Highnesse dominions and countries, as well in all Spirituall or Ecclesiasticall things or causes, as Temporall.

2. And that no forreigne Prince, Person, Prelate, State or Potentate, hath or ought to have any Jurisdiction, power, superioritie, preheminence or authoritie Ecclesiasticall or Spirituall, within this Realme.

3. And therefore I doe utterly renounce and forsake all forren Jurisdictions, powers, superiorities, and authorities.

4. And doe promise that from henceforth I shall bear faith and true Allegiance to the Kings Highnesse, his heires and lawfull successors; and to my power shall assist, and defend all Jurisdictions, priviledges, preheminences and authorities, p. 115granted or belonging to the Kings Highnesse, his heires and successours, or united and annexed to the Imperiall Crowne of this Realme. So helpe me God, and by the contents of this Booke.

Where is to be ffThe head of controversies, betweene the Romish and Reformed Churches is the controversie about the Head of the Church, which the Papists will have the Pope to be, but reformed Churches Christ alone: I say head of the Vniversall or Catholique Church, but of particular Churches, sovereigne Princes within their severall Realmes may be termed Heads, that is, chiefe Governours which this Priest here acknowledgeth. For the acknowledgement of this supreame authoritie and power of the King in his dominions of England and Ireland, the Oath of Supremacie was appointed by Act of Parliament in the 35. of Henry the eighth, to be taken by all his Majesties subjects; this Act was continued in the reigne of Edward the sixth, but repealed in the first and second of Philip and Mary, and revived the first of Queene Elizabeth: now the question here is, whether the Oath of Supremacie thus confirmed by divers Acts of Parliament, exclude not that Spirituall jurisdiction, which all Papists beleeve to be in the Pope Iure divino: or, which comes all to one, whether a Papist ut si…, that is, remaining a Papist and holding his Popish religion, may salv… conscientiâ, take this Oath of Supremacie: this Priest affirmeth he may; but we shall demonstrate the contrary hereafter by impregnable arguments drawne from the intention of the Law-makers, the letter of the Acts of Parliament, and the Queenes Injunctions, the judgement of the Church of Rome, and the confession of the adversarie himselfe.noted first, that in the first yeere and Parliament of Queene Elizabeths reigne; when they abolished the Popes authoritie, and would have yeelded the ggNot the same authoritie which the Pope had in all things, but so farre as it is expounded and limited in the Queenes Injunctions in the first yeere of her reigne; the Queene (as her brother and father before) onelyonly resumed that power, which the Pope had unjusty taken from the Crowne, and usurped it himselfe; a power which is and was of ancient time due to the Imperiall Crowne of this Realme, that is, under God to have the Sovereigntie and rule over all manner of persons, borne within these Realmes and Dominions, and Countries, of what estate either Ecclesiasticall or temporal soever they be. See admonition to the Injunctions in the Appendix.same authoritie p. 116with the Title of Supreme head to the Queen, as it was given before, to her father and brother: divers especially moved by Minister hhCalvine conceived that King Henry the eighth by the Title of Head of the Church, challenged a farre greater power then what the Act of Parliament acknowledged in him, or he ever exercised: but after the Title of Head of the Church was publikely declared and expounded by Q. Elizabeth, bo…h he and all the Reformed Churches rested satisfied in the lawfulnesse of that Title which imported not Supreame teacher or directer unto Trtuh: but Supreame commander for the Truth, in all causes, and over all Persons.Calvines writing (who h…d condemned in the same Princes, that calling) liked not the terme; and therefore procured that some other equivalent terme, but lesse offensive (although in truth, it is all one with the other) might be used. VponUpon which formalitie, it was enacted, that she was the Chiefe Governour aswell in causes Ecclesiasticall or Spirituall; as Civil & Temporal▪ because otherwise there could have beene no colour, to make new lawes for the change of Religion. So the abovesaid Author to the Answer, &c. cap. 1. pag. 7. and 8. And this was the onelyonly and sole intention, of making the aforesaid Oath: which was div…rs from the iiThe intention of Henry the eighth, and Queene Elizabeth, was the selfe same as is expressed in the Act of Parliament 35. Henry the eighth; and the Admonition annexed to the Injunctions of the 1 Elizabeth: namely the extirpation and extinguishment of the usurped and pretended authoritie, power and iurisdiction of the See and Bishop of Rome: and the recovery of their owne right by adorning the Crowne with a flowre before wrongfully taken from it: and here I cannot sufficiently admire the impudence of this Priest who so confidently affirmes that the intention of Queene Elizabeth was divers from her father in prescribing and requiring this Oath, whereas she her selfe in the above named Admonition declareth to all her loving subjects, That nothing was, is, or shall be meant or in…ended by the same Oath, to have any other dutie, allegiance or bond required by the same, then was acknowledged to be due to the most nobl… King of famous memory, K. H. 8. her Maiesties father, or K. Ed. 6. her Maiesties bro…er.…ntention of King Henrie the eighth, and consequently the Oath not the same. For his intention in assuming to himselfe p. 117the Supremacie was not (as I shall say beneath in the third note) to alter any principle of Religion (the Supremacie onelyonly excepted) or so much as any ceremonie of the Catholique Church: but to give himselfe a more kkThe liberty he speakes of was given by the approbation of the chief Vniversities beyond the Sea of the Romish Religion.licentious libertie in point of marriage and divorce, and to make the same libertie justifiable to his subjects; and because he could not have the same granted to him by the Pope, was angry and displeased with him, and tooke it of his owne accord: and for his sake, disturbed the Church and Clergy of England, and took away their lands, and gave them to his Nobilitie.

It is to be noted secondly, that we are to sweare, that the King is chiefe Governour as well in all spirituall things, &c. Where by (All) is to be understood; in all things ordered or to be ordered by him, unlesse some exception bee made in reason touching the establishment or regiment of the Protestant Church of England: that the spirituall things were meant touching the Church, appears by the very words themselves: Spirituall or Ecclesiasticall: and that they were meant touching a Church to be established, distinct from the then Catholique Church in England: appeares by the intention of the oath which was (as I have said) to inable the Queene to change and alter Religion; and to forme an llNot to forme another Church, but to reforme that Church w^ch was before, and restore Religion to her puritie by the example of Ezekiah, Iosiah, and other religious Kings.other Church diverse, from that which then was; which is the Protestant Church: and that there are some spirituall things justly excepted mmNo power at all excepted but the former power explained onelyonly how farre it extended (viz) Not to the authoritie and power of Ministrie of divine Office in the Church, which none of the Kings or Queenes of this Realme possessours of the Crowne ever challenged.from the p. 118King; appeares by the Declaration of Queene Elizabeth, in her next visitation of the Clergie, after the said Oath was made; wherein she her selfe made an exception, and declared in print (the same being published by her commandement) that in truth She had not power (we will not examine then, from whence her Nor I in this place by what authoritie your Bishops anoynt your thumbes and ordaine your Priests to offer the unbloody sacrifice of the Mas…e for the living & the dead. There is nec vola nec vestigium of any such calling in the Scripture or purer Antiquitie, as for our Ministry it is …o clearely justified together with the succession thereof, out of your own best records and tenents by Francis Mason de succes. Episc. & Ministerio Angl. that ever since the printing therof all your Romish cavillers & carpers at it, have been as mute as fishes.Ministers power came she having none her selfe) by the words of the Oath and Act, to minister the Sacraments. Neither had she any such intent, and that no such thing was implyed in her Title, or claime of Spirituall regiment; nor no other thing, nor more then was before granted to her father, by the terme of Supreame Head: requiring all her loving subjects to receive the Oath at least in that sence (which was, she meant, that she might dispose of Church matters, as her Father had: and have power to forme ooSee p. 117. letter ….what Church she pleased) and so that should suffice her Highnesse.

It is to be noted thirdly that the aforesaid oath when it was made, was unlawfull to be taken by any Catholique; as the oath before made in the dayes of King Henry the 8^th. Although when it was made, it was not altogether so unlawfull, as that of King Henry: because in his dayes there was no ppA shameles untruth in his sense: for he taketh Catholike (as usually in this Pamphlet) for the Romish and Popish Church & in that sense it is most false. For there were many congregations in England before this 35 of Hen. 8. of Protestants, and divers crowned with martyrdome as Th. Man in the yeere 1518. Io. Browne in the yeere 1517. and divers others set down in the Acts and Monuments of the Church, some before and some after Luther began the Reformation in Germanie.other Church extant, p. 119or like to be extant in England, but the Catholique Church: of which qqA notorious untruth as appeares by the very Act, Ann. 35. in which the Oath of Supremacy was first required to be taken, King Henry never challenged to himselfe the Style of Head of the universall Church, but only to bee supreame H…ad under God of the Church of England, and Ireland, and all other His Majesties Dominions.contrary to the Law of God, and his own conscience, he made himself head (as appears by a booke set forth by the said King himself, in the later end of his raigne, and many yeers after he had framed his Oath of Supremacie; intituled: A necessary Doctrine and Erudition for any Christian man, set forth by the Kings Majestie of England, &c. In which he sets forth the Christian faith, then to be professed in England. Which was as absolutely Catholique, and the self-same in every point, as now it is in Rome. And if any man should have sworne him the supreame head, as he intended of that Church: he would have sworne false: as making the Church a Monster in having two heads: or depriving the Pope of his authoritie granted him by God: which had been to have denyed an Article of faith: but when the said Oath was repealed in Queene Maries dayes. And another Oath rrNo other Oath at all in sense, but the former only abridged in words as will appeare evidently by comparing them both which are copied out in the Appendix.of Supremacie made in the aforesaid first yeere of Queene Elizabeth. It was as I have said to inable her (not so much to be head of the Church then extant, and to be utterly abolished, as) to be Governour of a new Church distinct from the Catholique Church then out of hand to be propagated and established: of which to sweare Her Head, before it was: or to sweare Her Head of the Church then extant, which she conceived superstitious: of which indeed she was not head, was in a true and proper sence unlawfull. And so continued unlawfull untill after the abrogation of Masse, and p. 118duplicate page p. 119duplicate page p. 120perfect establishment of the new Protestant Church within this Realme, and other His Majesties Dominions. Which being established as now it is: the said Oath of Supremacie ceased from being unlawfull: because then there was an apparant face of a Church (distinct from the members of the Catholique Church, which then began scarce to appeare, in respect of the greater multitude) of which only ssA ridiculous evasion and contrary to the intention and letter of the law, as shall be proved hereafter. The intention of the law was to abrogate the Popes usurped jurisdiction not over the Protestant Churches which he never had: but over the Romish Catholiques or Papists which he before that time enjoyed, and exercised. Besides, the letter of the law carryeth supreame governour of the Realme and all other Her Highnesse Dominions and Countreys, not only of the Protestant Church within Her Realmes. This is made more evident in the Admonition to the Injunctions, 1. Eliz. where Her Supremacie is described to be over all manner of persons borne within Her Realmes, Dominions and Countreys: therefore over Papists as well as Protestants, unlesse they be no manner of persons.she was supreame governour and chief head, and no other person whatsoever had or ought to have any jurisdiction or preheminence in the same, and all that were or are not of the same faith and Church were and are in a true and proper sense forreiners to the same.

It is to be noted fourthly: that a man may be said to be a Forreiner ttI acknowledge the word forreiner is sometimes taken for an opposite to domesticus fidei, a stranger from the covenant of grace: but in the Act of Parliament and Oath of Supremacie, as it is expounded in the Admonition (which is also Enacted) the word forreiner can signifie no other but those who are not natives.in a twofold sence. First, in respect of a temporall Dominion. Secondly, in respect of faith, whence ariseth a spirituall jurisdiction. In the first sence, all that are not Natives of His Majesties Dominions (although some Lawyers say) all that doe no homage to His Majestie) are forreiners. In the second p. 121sence, all that are of the Protestant faith with the King, are Domesticks of the same faith, and within His Dominions only subject to His spirituall jurisdiction by the Laws of the Realme. And all that are not of the Protestant faith, are forreiners to the same, conformable to S^t. Paul, who accounted all those of whatsoever Nation, or under whatsoever temporall Dominion or Iurisdiction in the world) who were of the same faith with himselfe which he taught, were Domesticks of that faith. And those of whatsoever Nation or temporall Dominion, that were not of the same faith, he accounted forreiners. Whence he saith, Gal. 6.10. Let us doe good to all: but especially to the domesticks (or those of the house) of faith. And 1 Thess. 4. vers. 12. Rogamus ut honeste ambuletis ad eos qui foris sunt, & nullius aliquid desideretis. We desire you brethren, that you walke honestly towards them that are without, (that is, forreiners to our faith) and need nothing of any mans.

It is to be noted fifthly and chiefly, what conditions are required in every lawful oath: which according to the Prophet Ieremy, are three. viz▪ Truth, Iudgement, and Iustice: for he saith in his fourth Chapter. Thou shalt sweare our Lord liveth, in truth and in judgement and in justice: upon which place the holy Doctor, S. Hierome noteth, that the foresaid conditions are requisite to every oath: of whom all Divines have le…rned the same; requiring in every lawfull oath, every of the said three conditions. The reason hereof is: because an oath being an invocation p. 122of God, as witnesse that what we speake is true; it is requisite that we should use judgement or discretion, to see that we doe nothing rashly, or without due reverence, devotion and faith, towards so great a Majestie, but we must especially regard, that we make not him, who is the chiefe and Soveraigne veritie and inflexible justice, either ignorant o… what we say: or Patron of a lye, as witnesse of that, which either is false in assertion, or unjust in promise. Hence an oath wanting Iudgement or discretion and wisdome: is a rash and foolish oath, that which wanteth Iustice: is called an unjust oath. And finally, where there is not truth: it is adjudged a false or lying oath, and is more properly then all the rest, called Perjurie.

These notes premised, I shall now prove, the said Oath of Supremacie to be lawfull for any Catholique to take.

Every Oath that is accompanyed with the three said conditions or companions, viz. veritie, justice, and judgement (in the opinion of all Divines, Canon and Civil Lawyers) is a lawfull Oath: but such is the Oath of Supremacie above recited in every part and particle of the same. Ergo. The Minor is proved, discoursing of every branch in particular, and first, of the first branch: wherein I sweare that the King is only Supreame Governour of this Realme, as well in all Spirituall or Ecclesiasticall things or causes, touching the Church of the said Realm: as Temporall touching the State, or of any other his Dominions. Which I doe sweare discreetly p. 123as a thing true and just. For there is no other Supreme Governour of temporall things to be assigned, but the King: as all will confesse: nor of Ecclesiasticall things, or the Church of England; as by a sufficient Enumeration may be proved. For the Parliam…nt, is not supreame governour of the Churches within this Realme; when as according to the naturall light of reason, the King is governour of that: and therefore not supreame. The Primate cannot be assigned supreame governour, when as he hath all his authoritie of government from the King, and so he hath a Superior. A Lay-eldership cannot be supreame governour, for although it be unknowne, what it is, or from whence it receiveth its authoritie; yet I thinke no Lay-eldership so barbarous: as not to admit the King chiefe governour of the same. Neither can the Pope be any way supreame governour of the aforesaid Church: because he professeth himself only supreame head and governour of the Catholique Church and of no other according to Saint Paul, 1 Cor. 5.12. what is it to him to judge of them that are without, of which Catholique Church His uuNeither can the Pope. Here we thanke him for freeing us from all subjection to the Pope and See of Rome. Though he challengeth not to be the Head of the Catholike, that is, the universall Church of Christ scattered farre and wide over the whole face of the earth: yet he challengeth to be and is Supreame Governour of all His Subjects within His Dominions, whether they are members of the Romish or Reformed Church.Majestie d…th not claime to be head. Neither will he be governour wwThe superstition and Idolatry of Papists practised in England doth not any way abridge His Majesties Supreame power, for he exerciseth His power not in regulating those idolatrous and superstitious rites, but in suppressing them, and punishing those who so defile Gods worship in His Kingdome.of any spirituall or ecclesiasticall p. 124thing therein, as conceiving the same both superstitious and idolatrous. Ergo. the King must be supreame governour of the Protestant Church.

That the King is (only) Governour is proved: because none other can be assigned his equall in preheminencie of government in the aforesaid Protestant Church.

For the second or third branch it is likewise proved. For I sweare them likewise discreetly, truly and justly. viz. that no forrein Prince, Person, Prelate, &c. hath or ought to have any jurisdiction, &c. within this Realme (in the xxSee this Evasion refuted, pag. 120. letter S.said Protestant Church) which I adde as before, because according to the intention of the Law and Law-maker (as I have before said) it was so meant. For neither doth His Majestie or did Queene Elizabeth claime to be chiefe Governour of the Catholique Religion, or Romane Church, or any jurisdiction therein. It being by them both (as I have often said) abhorred as superstitious, and abolished for the same reason by the said Queene and State of England: therefore it is against reason, and a kinde of pettie treason to sweare either of them governour of a Religion which they apprehend so evill▪ but in respect of the Protestant Church established, the Pope is a forrein Person and Prelate: and his jurisdiction forrein. Neither hath he, or any other forrein Person any jurisdiction in the aforesaid yyThe words of the Oath are not that no forreiner, Prince, or Prelate, hath or ought to have any iurisdiction or spirituall authoritie within the Protestant Church but within the Realmes, therefore no jurisdiction within His Majesties Dominions, over any members either of the Protestant or of the Romish Church.Church, or ought to have: for as p. 125I have said in the fourth note, out of Saint Paul: as all those that are of the Catholique faith, are domesticks of that faith: and all that are not of the same faith, are forreiners to it: so all that are of the Protestant faith (of which His Majestie is governour) are domesticks of the same: and all that are not of the same, are forreiners to that Religion. Hence appeares the truth of the said branches: wherein is said (in the second) That no forrein Prince, &c. and (in the third) I doe utterly renounce and forsake all forrein jurisdictions, &c. which I doe justly and lawfully renounce as well in respect of the Protestant Church, as of the Catholique: for as I have said the Pope is truly a forreiner to the Protestant Church: in respect of which, I must by the law renounce his jurisdiction. And he is no forreiner in respect of the Catholique Church, in which I am bound to respect him and his jurisdiction: for if all Catholiques be domesticks one to …he other (as I have proved out of Saint Paul) how can the Pope who is chief of that faith be said to be a zzSee the Answer to this sophisme, pag. 120. letter T.forreiner? his jurisdiction being as internall and intrinsecall, as innate and naturall to every Catholique in the world; as it is to him, that stands next him in his chamber at Rome. And therefore there being no forrein jurisdiction in the Catholique Church, in every sence I may lawfully renounce all forrein jurisdictions.

The fourth and last branch can have no difficultie at all, with any Catholique. So that the words of this Oath seeme to me so cleere and p. 126lawfull, since the establishment of the Protestant Church; that it may be taken of any Catholique without any the least danger of Perjurie, or any other sinne (scandall being avoyded) or without mentall reservation or secret equivocation: that I admire that any man hath so long scrupulized to the losse of himselfe and fortunes: when as being necessitated to take the same, and scandall being easily to be avoyded (as I have said out of Diana and others) he might have prevented his owne ruine with a safe conscience: as I conceive Sir Iohn Winter and other men of estates did, who are reported to have lately taken the same.

It may be objected first, that this Oath thus explicated, hath no coherencie, the first branch with the second and third; and therefore that it be coherent, and taken conformably to the intention of the law-maker, as we sweare the King to be onelyonly Supreame Governour of the Church of England in the first branch; so ought we in the second and third branch to renounce all Jurisdiction forreign to the same. To which I answer first, that coherencie is no condition requisite to an oath, but impertinent to the truth or falshood of the same: for there be many things of a different nature inserted in an oath.

Secondly, that there is a most perfect coherencie in the aforesaid explication: for as in the first branch, I sweare the King Head of the Church of England, so in the second and third: I abjure all forreigne Jurisdictions whatsoever. p. 127Which are the very direct words of the oath: for there are no words in any branch signifying a renunciation of all Jurisdiction forreigne to the Protestant Church of England. Whence there is a great difference between renouncing all Jurisdiction forreigne to the particular Church of England, and renouncing all forren Jurisdiction. For a forren Jurisdiction renounced is rightly described A power or right denied to be extent to the swearer by any law, and is more generall, then a Jurisdiction forreign to the Protestant Church: which is onelyonly a power not extent to a Protestant quâ talis: which although it be forren to the said Church; yet it may be properly extent and appertaining to the swearer. So that it is intended by the said oath; that as in the first branch, we sweare the King onelyonly Supreame Governor of the Protestant Church within this Realme and his Dominions: so in the second and third; we are to renounce all forren Jurisdictions whatsoever; w^ch either the Pope, or any other forren Person hath, or ought to have in the same: which every Catholique may lawfully do, notwithstanding that generall saying; That the Pope hath Iurisdiction over all Christians: for that is meant, a generall Jurisdiction in the Catholique Church, either actuall or potentiall, extent to all; which is forren to none: and which, by taking this oath is not denyed. I answer thirdly, that all penall lawes (as is this law for taking the oath) in doubtfull words, are ever to be aaIt is true if the words will beare it and it be agreeable to the intention of the law & lawmaker, but maledicta glossa quae corrumpit contextum; cursed be the Glosse which corrupts the Text, & quite perverts the meaning of the law as this doth. See the Injunctions.taken in the more favourable sense, and which makes the law to containe p. 128no falshood, or injustice. And therefore in this law to sweare, as the words lye, may be done without any inj…stice or falshood; which is and ought to be presumed to be the minde of the lawmaker; for no law or lawmaker intends perjurie. And therefore it is a frivolous thing to invent scrupulous crotchets, which the words doe not import.

It may be objected secondly, that the oath must be interpreted according to the intention of the law and lawmaker: for as Suares saith, lib. 6…. de leg. cap. 1. upon the will and intention of the lawmaker (which is the soule of the law the substance and force of the law doth chi…fly depend: therefore it by any meanes, the will of the lawmaker may be knowne, according to it especially we must understand the words of the law. But the will of the lawmaker is sufficiently knowne concerning this oath, to make it apparently unlawfull for any Catholique to take as appeareth by the words of King Iames of blessed memory, saying, (in his Premonition pag. 9. and in his Apology for the oath, pag. 2. and 9.) that by the oath of Allegiance, he intended to demand of his subjects nothing else, but a profession of that temporall Allegiance and civill obedience, which all subjects, by the law of God and nature, doe owe to their lawfull Prince, &c. For as the Oath of Supremacie, (saith he) was devised for putting a difference betweene Papists and them of our profession. So was the oath of Allegiance ordained for making a difference between the civilly obedient Papists and p. 129the perverse disciples of the Powder treason; by which words it appeareth that King Iames held, both the law and the law maker intended by the oath of Supremacie, to put a difference betweene Papists and Protestants: and that no Papist would take that oath, wherein the Jurisdiction of the Pope, was intended to be abjured, Ergo, the said oath of Supremacie is to be interpreted accordingly, all doubtfulnesse of words set aside; and consequenter unlawfull for any Catholique to take.

To the Major of which Objection; I answer first, granting the same. Secondly with a distinction; that the intentions of the law and law maker are to bee sought, when they interpret the law in a truer sense, then the plaine words doe, as they lie; otherwise not, lest it want veritie.

To Suarez I answer, that himselfe saith in the place before cited, that if at any time the propertie of the words of an oath should induce any injustice, or like absurditie, concerning the minde, or meaning of the lawmaker: they must be drawne to a sense, although improper; wherein the law may be just and reasonable: for this is presumed to be the minde of the law maker, as it hath beene declared by many lawes in F. tit. de lege. thus Suarez.

So that although there were in the words of this oath divers significations impropper and unusuall; yet in the opinion of Suarez, it might be taken; and the words interpreted in the truest sense, abstracting from the reall intention p. 130of the law maker: how much more then (say I) the words being not improper, or unusuall, but according to the intention of the bbOf the intention of the law and lawmaker in prescribing this oath to that which I have spoken before I shall adde something in the close of this Chapter to which …referre the Reader for further answerlaw and law maker, may they be taken in the more favourable sence, which may make the law to be just and reasonable? See for this doctrine Can. Cum tu de testibus cap. 16. Can. ad nostram de Iurejurando, cap. 21. et de regulis …ris in 6. reg. 49. in paenis leg. Benignius F. de leg. Leg. In ambigua ibidem.

Hence it followeth first out of the doctrine of the said Suarez, that although the words and sentences contained in this oath, being considered barely by themselves, and without due circumstances (to wit, the intention of the law and lawmaker, and to what end and purpose the s…id oath was framed) may seeme to some doubtfull and ambiguous (although to me they seeme not so) that is, not cleare and morally certaine; and so for one to sweare them in that doubtfull sence, were to expose himselfe to danger of perjurie: yet considering (as I have said) that such doubtfull words, are to be taken in the more favourable sense, and which maketh the ccThe law is just and reasonable without your forced, and forged Glosse: for why should not all that enjoy the benefit of his Majesties lawes as well as Protestants, submit themselves to his Majesties scepter, and supreame power over themselves as well as Protestants, especially seeing the power is the same, which the most religious Kings of Iuda, and most Christian Emperours of Rome, and divers of his Majesties Predecessors within this Realme have exercised upon all their subjects.law to be just and reasonable, and to contain no falshood or injustice. If any one sweare▪ those words, which of themselves are doubtfull, in no doubtfull sense, but in a true and determinate sense, and wherein they are not doubtfull, but cleere and morally certaine, there is no danger of perjurie at all.

p. 131It may seeme to follow secondly out of the aforesaid doctrine, that such as tooke the oath of Supremacie in King Henry the eighth dayes (which rather then those famous and glorious men, Sir Thomas Moore and Bishop Fisher would take, they worthily chose to die) were not to be condemned of perjurie; because it might be supposed, that they being learned Bishops and Noblemen, knowing what belonged to an oath, did draw the same to some improper sense, which ought to have beene the intention of the aforesaid King to make the law just; as if they should have sworne the then King, Head or chiefe of the Church of his countrey; for that he was Sovereigne Lord and ruler of both persons Spirituall and Temporall: all sorts being bound to obey his lawfull civill lawes and commandements. And so in this sense (although it be a kinde of improper speech) every King is Head of the Clergy and all others of his owne Countrey. Or peradventure they might sweare him Supreame Head of the Church of England; that is, Chiefe of the congregation of beleevers within his dominions: for so in our language, we commonly say him, to be the head of a Colledge, Court or Citie, that is the chiefe; and him to be chiefe who is supreame therein. The Church being then taken by all Divines for a congregation of men; Why might not King Henrie be improperly sworne (in the opinion of Suarez) Head of the then congregation in England? So that what Sir Thomas Moore lawfully and piously refused with relation to the intention p. 132of the aforesaid King, others might without perjurie take with relation to the law of God (abstracting from all unlawfull intentions) to wit, that every oath be just and reasonable as being to be taken in Veritie, Iustice and Iudgement: and so what was unlawfull in a proper sence, might at lest be free from Perjurie in an improper. Thus understanding the first branch; and the second and third in the same sence before delivered, they might peradventure be excused (as I have said) from perjurie; But never from sinne. For considering the state of England in those dayes, and the absolute intention of the King which (well knowne to the whole world) was; to be sworne Supreame Head ddSee pag. 119. letter Q.of the Catholique Church, Catholique religion still here remaining as I have said: his oath was as much different from this eeSee pag. 119. letter R.now oath of Supremacie, as darknesse from light: For by this, the Queene claimed not the Supremacie granted by Christ to Saint Peter, as did her father: but onelyonly to be Supreame governour of a Church, out of which, she would not onelyonly discard the Pope, but likewise roote out all Catholique religion, contrary to her fathers minde as I have shewed: so that the question in the said Kings dayes, was about an Article of faith, viz. Whether the Supremacie were granted by God to the King, or to the Pope. Which Article they were bound with losse of their lives to have professed being called thereunto: for then did occurre the times of obligation before expressed (by Saint Thomas and other Divines) for the p. 133profession of a mans faith. As when the honour and glory of God, and the spirituall benefit of his neighbour should exact the same. Now when or what greater honour could a man have done to God, then to have stood for the truth of the Gospel, and defence of the Catholike faith being so opposed? And in whom could there have beene more edification and greater example given, for simple and unlearned men to follow, then in Bishops and great men of authoritie. Neither was it to purpose for them to alleadge, that they were in danger of their lives and fortunes; for they were bound to loose both, rather then to denie any one Article of faith. For although I have said, that a man is not bound, with danger of life, or fortunes, to abstaine from a thing lawfull, or of its owne nature indifferent (as the going to a Protestant Church in a Protestant Countrey, taking the oath of Alleagiance, or the now oath of Supremacy; every of which is farre enough from an Article of faith, or point of religion; onelyonly more cryed downe, because out of fashion, then out of any grounded reason or judgement) to avoid the scandall of we…ke ones, after instruction or admonition given of the nature of the thing, and the danger in abstaining Yet I never said, that a man was not bound to professe his religion in time convenient; or that hee might deny his faith, or any part or point of the same for feare of death; but absolutely the contrary: hence I say, that the Supremacie in those p. 134daies, being a point of religion, and an article of faith, although they might be excused from perjurie, yet never from sinne and scandall. And therefore I conceive that Suares onelyonly intendeth that then lawes and oathes invented contrary to the law of God, may be drawne to an improper sence, when scandall may be avoyded with integritie of faith. And so those that tooke the aforesaid Kings oath, I leave to the judgement of God: for as Saint Paul saith, 1 Cor. 4. It is our Lord that judgeth; who best knoweth the rectitude of all mens actions, and the secret intentions of each mans heart.

The Minor of the said objection is denyed. And to the words of K. Iames saying: that as the Oath of Supremacie was devised for putting a difference between Papists and them of our profession. So was, &c. I answer that the said King did not by those words, undertake to give an absolute and totall reason, why the said oath was devised, (himselfe not being the deviser or maker thereof) but spake according to the effect, which hee saw the oath of Supremacie tooke in his daies: who conceiving that Catholiques held it, not an oath lawfull for them to take (and therefore some in King Henries daies refused the same out of conscience; others since the abrogation of Masse and establishment of the Protestant Church, out of scruples, not considering either the change of times, or alteration of the Church) conceived likewise a difference to result thereby betweene them and Protestants; p. 135so that the said ffAnd yet his words as you cite them out of his Praemonitorie Preface, pag. 9. are these: The oath of Supremacie was devised for putting a difference betweene Papists and them of our profession, Devised by whom but by the lawmakers; and if devised by the the lawmakers for this end, to put a difference betweene Papists & Protestants, it cannot be denied but that it was their intention, to make this oath as a didinctive signe whereby to know Papists in the kingdome from Protestants.renowned King did not intend by the aforesaid words, to make known the intention of the law or lawmaker, but onelyonly spake what an effect the said devised oath had in Catholiques wrought.

That neither of the said oathes of Supremacie were framed to put a difference betweene Papists and Protestants is evident by what I have said; for in King Henrie his dayes, there were no Protestants ggSee pag. 118. letter P.knowne in England to differ withall: and that oath was made onelyonly and solely for his pleasure. And in the said Queens daies, the oath was onelyonly made to give and acknowledge her power and authoritie in Spirituall or Ecclesiasticall things; thereby (as I have sufficiently said) to propagate and establish the Protestant Church: and to no other end or purpose.

The Major and Minor being thus answered, the consequence appeares naught; and the assertion for the lawfulnesse of the oath in force.

If any simple man (pardon the bluntnesse of my speech, for I know that no discreete or judicious man of either learning o… piety will justly censure me) shall whisper in a corner that this doctrine is scandalous and unheard of: and that divers have suffered and shed their blood, rather then they would admit the same: and which, if it had beene lawfull, others of his tribe would have found out, before this time: (hee should have added to men of great qualitie) and therefore it being no matter of faith, none ought to beleeve it. I forgive the poore man; for he p. 136speakes out of hypocrisie or ignorance, or both; for he cannot tell you with learning and sinceritie why, or how it is scandalous. And if any did suffer for the same, I pray let him likewise whisper when, or in what yeere, or Kings reign? and then compare his speech to what I have said. Yet whensoever they did it, because they would not sinne against their consciences; which rather then to offend, they (not understanding the …ruth of the said doctrine, and their phansie being the contrary way strong) were bound to doe. Yet good brother Simple doe not perswade me against my conscience; unlesse you can confute me in reason: for I conceive, that I say nothing (although not written of before) but what is evident with Grace in reason; although it be not certaine by divine f…ith. And therein I shew my selfe a true friend to my distressed Countrey; for certus amicus in re incerta cernitur. A sure friend is tried in a doubtfull matter. Yet I should be loath, that any man should charge me with the least thing said, as contrary to faith, or the doctrine of the Catholique Church. (To which and whose censure, I doe in all humility submit my selfe, for all my doings, sayings and writings; as well for the satisfaction of mine owne conscience, as that ignorant braines may take no offence). And i… this doctrine were never heard of before; what then? Is it therefore false or scandalous? And if your tribe did not finde it out before; is it a wonder? None at all with me: for I should wonder indeed, to heare you the p. 137inventers of any thing beneficiall to Gods Church; (howsoever you may and doe write over, and translate other mens workes; and so seeme to ignorant men, to finde out something for the good of the Church, that was never lost, or before wanting therein) because as yet I have never heard or knowne so much. Those therfore that shall hearken to such whisperings, I will wish them no other punishment then that the Vicar of fooles may be their ghostly father. In the meane time (maugre all censures) I will thanke God, that he hath enabled me to helpe my distressed friend at a dead lift, by counselling and instructing to a lawfull (I had almost said meritorious, but that I feared more anger) and discreet act.

Thus then seriously to conclude; If any man shall yet remaine unsatisfied: I knowing, that an Angel of light cannot infuse either wisdome into a foole, or prudence into a simple man: and nothing harder for the best Divine, then to yeeld the continuance of a serene conscience to a scrupulous person: doe only desire and intreat, th…t what he himselfe either cannot, or will not receive satisfaction in; he would not judge amisse in others; and so be scandalized, (which will prove to himselfe rather the scandall of Pharisees then weake ones) according to the exhortation of the Apostle: Qui non manducat, manducantem non Spernat: he that eateth not, let him not despise him that eateth. As for mine own part what I preach with Gods grace I will practise. And if any man can give a better p. 138reason, for the contrary to what I doe, then I can give for what I say: I doe hereby promise to subscribe: otherwise let every one looke and dive into his owne actions, and not into other mens; for he shall render an account, onelyonly for his owne, and not for theirs. And because All in these times (perchance) are not bound under sinne to imbrace these opinions (the hhThe question whether a Papist may with a safe conscience take the …ath of Supremacie, may be understood either in sensu diviso, or in sensu composito, in sensu diviso it is true, that a Papist may and ought to take the Oath of Supremacie: for he that is now a Papist may become a Protestant, and then he not onelyonly may, but ought to take this Oath being lawfully tendered unto him: but in sensu composito it is false that a Papist continuing in his faith and profession of popery may with a safe conscience take this Oath: for this Oath implyeth the renouncing a maine Article of his faith from whence he hath the denomination of a Papist (See the Notes of the Rhemists upon Act. 11.26. which fasten and assume this word or name Papist to the children of their papall Church) namely the Popes Supremacie: and this as before was promised shall now be demonstrated. 1. …irst from the intention of the law and lawmakers, who prescribed this Oath of Supremacie as appeares both by the Preface to the Oath: Whereas ther… was a Statute made and ordained against such as would extoll and stand to the iurisdiction, power and authoritie of the See and Bishop of Rome: in which Statute there is comprised another oath in such wise as in the same Statute among other thin… is mentioned: for as much as in both the said Oathes there lacketh full an… sufficient words, whereby some doubts might rise: Be it enacted by the authoritie of this Parliament, that this Oath hereafter mentioned in this Act shall s…and in force and place of the same two Oathes. And by these words in the bodie of the Oath, I shall keepe all the contents of the Act, and all other Acts and Statutes made in and for that purpose: viz. the derogation, the extirpation, and extinguishment of the usurped and pretended authoritie, power and iurisdiction of the See and Bishop of Rome. As likewise by the Preface to the Act of Parliament in 1. Elizabeth, viz. To the intent that all usurped and forreigne power, and authoritie Spirituall and Temporall, may for ever be cleerely extinguished, and never to be used or obeyed within this Realme, or any other your Maiesties Dominions and Countries: may it please your Highnesse that it may be enacted as followeth, &c. Hence I thus argue: No Papist with a good conscience can take an Oath prescribed by an Act of Parliament made purposely, and with an expresse intention for the extirpation of the Popes jurisdiction and Supremacie over the whole Church, which he claimeth by vertue of Christs promise made to Peter, tibi dabo claves. But such is the Oath of Supremacie as appeares by the Statutes above cited. Ergo, No Papist with a good conscience may take it. 2. Secondly, from the letter of the law and formal… and expresse words of the Oath, which are these: That neither the See, nor Bishop of Rome, nor any forreigne Potentate hath or ought to have, any Iurisdiction, power, or authoritie, within this Realme; neither by Gods Law, nor by any other iust law or meanes, Henry 8.35. yeere, hereunto adde the Admonition to the Queenes Injunctions. Hence I thus argue. No Papist may take an Oath which containeth in it the renouncing a prime Article of his faith, necessary to salvation in his Religion and the iudgement of his Church. But every Papist taking the Oath of Supremacie renounceth a prime Article of his faith necessarie to salvation. For so we reade in the Extravagans, cap. unam sanctam de maior. et obed. Subesse Romano pontifici, omni humanae creaturae declaramus dicimus, definimus, et pronunciamus, omnino esse de necessitate salutis. We (saith Boniface the eighth) declare, say, define, and pronounce that it is altogether or absolutely necessary to salvation for every humane creature to be subiect to the Bishop of Rome. Ergo, no Papist may take the Oath of Supremacie. 3. Thirdly, from the judgement of the Church of Rome, which accounteth Fisher Bishop of Rochester, and Sir Thomas Moore sometimes Lord Chan…ellour of England, blessed and glorious Martyrs, because both these lost … heads …ather then they would acknowledge the King Supreame Head … and … the Popes Headship. To omit the testimonies … …ovius Bishop in Italie, Iohn Cochleus of Germanie, William Paradine a learned Historian of France, Cardinall Poole, living in the Court at Rome and writing to the King in the defence of Ecclesiasticall unitie, saith thus by the figure of Apostroph…: Thy Father O England, thy ornament, thy de…nce was brought to his death being innocent in thy sight; and a little after, he lef… his life for thy sake, left he should overthrow and b…tray thy salvation: and Cardinall B…llarmine in his Booke De Scriptoribus Ecclesiasticis ab Anno 1400. ad 1500. thus writeth of Fisher Bishop of Rochester. Iohannes Fischerus natione Anglus, Episcopus Roffensis, posteà, S. R. E. Cardinalis, et quod longe gloriofius est, Martyr Christi occisus est Henrici octavi Regis anglorum iussu, Anno, 1535. Iohn Fisher an English man Bishop of Rochester, and afterwards Car…inall, and which makes him farre more glorious, a Martyr of Christ was slaine by the coommandement of King Henrie the eighth, in the yeere of our Lord one thousand five hundred thirty five: Whence I thus argue. To his evasion that it was not the same Oath. See the answer, p. 119. letter R. and the Appendix p. 141. Either Fisher and Moore were no Martyrs, who died for refusing to take this Oath, or they are no good Papists who take it. But Fisher and Moore were famous and glorious Martyrs in the opinion of the Romane Church as hath beene prooved. Ergo, they who take the Oath of Supremacie are no good Papists. 4. Fourthly, from the confession of this Priest, pag. 118. The Oath of Supremacie when it was made in the dayes of King Henry 8. was unlawfull to be taken by any Catholique: and pag. 119. If any had sworne the King to be Supreame Head of that Church, he would have sworne false, as making the Church a monster having two heads, or depriving the Pope of his authoritie granted him by God. Whence I thus argue. The Oath of Supremacie prescribed by that Act of Parliament, in the 35. of Henry 8. was unlawfull to be taken by any Roman Catholique, as this Priest confesseth. But the Oath of Supremacie prescribed by Act of Parliament in the first of Elizabeth in force at this day, is the same with the Oath prescribed by Act of Parliament in the 35. of Henrie the eighth, as appeareth by comparing both the Oathes together, with a proviso in an Act the fifth of Elizabeth for expounding this Oath, where it is said: That we confesse and acknowledge in her Maiestie, her Heires and Successours, no other authoritie, then that which was challenged, and lately used by the noble King Henrie the eighth, and King Edward the sixth: as in the Admonition to the Qeenes Injunctions more plainly appeares. The Queenes Maiestie would that all her loving subiects should understand that nothing was, is, or shall be meant, or intended by the same Oath, to have any other Dutie, Allegiance, or Bond required by the same Oath, then was acknowledged to be due to the most noble King of famous memorie, King Henrie the eighth her Maiesties father, or King Edward the sixt, her Maiesties brother. Ergo, the Oath of Supremacie prescribed by Act of Parliament the first of Elizabeth, is unlawfull to be taken by any Romane Catholique. I conclude therefore, super tota materia that the taking of the Oath of Supremacie, is an abrenunciation of the Romish faith, and consequently, that we wrong no Papist that takes the Oath, if we beleeve him a forswearer who forsweares his beliefe.Acts 11:26question not being, which is absolutely the safest or perfectest way, and all dispositions of each soule, p. 139p. 140p. 141not being alike; but only whether the said opinions are forbidden or not forbidden by the Law of God, or the Church, so that absolutely in case of necessitie they may not bee done; and what may best in prudence bee done; (yet safe enough, with a good conscience, and without sinne) the condition of times and persons considered) those that shall not imbrace the same; but suffer for their conscience sake; I shall beseech Almightie God to lay no more p. 142upon them, then they are able to beare; that they doe nothing against their conscience; for that were to carry a continuall hell about them: which of all earthly miseries were the greatest: from which God of his infinite mercy preserve us all: Amen.

FINIS.