A Nevv-Yeares gift for English Catholikes, or A briefe and cleare explication of the new Oath of Allegiance. By E.I. student in Diuinitie; for a more full instruction, and appeasement of the consciences of English Catholikes, concerning the said Oath, then hath beene giuen them by I.E. student in Diuinitie, who compiled the treatise of the prelate and the prince.

CHAP. IIII. The Fourth Branch of the Oath and an Explication thereof. (Book 4)

"ANd I doe further sweare, That I doe from my heart abhorre, detest, and abiure, as impious and he∣reticall this damnable doctrine, and position, That Princes which bee ex∣communicated or depriued by the Pope, may be deposed or murthered by their subiects, or any other what∣soeuer.

1. Although this Branch may at the first sight seeme somewhat suspi∣cious in regard of that word hereti∣call, yet if it be duly examined, ac∣cording to the former Obseruations, it will easily appeare, that it contay∣neth no such difficultie, as some im∣pugners of the Oath would seeme to imagine, but that if it bee lawfull to abhorre, detest, and abiure the afore∣said position, as cleerely false and in∣iurious to Princes, which the former Discourse doth plainly conuince, it is

also lawfull to abiure it as hereticall: or, which is all one, as contayning in it a falshood, which is repugnant not onely to naturall reason, but also to the Word of God reuealed in the holy Scriptures: For, as euery Doctrine and position, which is agreeable to that truth, which God hath reuealed, is to be accounted of faith: so contra∣riwise, euerie Doctrine and position, which contayneth in it a falshood, which is repugnant to the Word of God reuealed in the holy Scriptures, is to be accounted hereticall, and re∣pugnant to faith. And in this sence, the word hereticall is not onely by all Protestants, but also by many learned Catholique Diuines commonly and vsually taken, as Widdrington hath shewed at large in his answer to Fitz herbert.* 1.1

5. Neyther is it necessarie, that we must take the word hereticall, as like∣wise no other ambiguous word con∣tayned in this Oath, in that strict and rigorous sense, wherein some Catho∣lickes take the word hereticall, to wit, for that doctrine which not onely

contayneth a falshood repugnant to the holy Scriptures, but also which by the Church or a generall Councell, which representeth the Church, is ex∣presly and particularly declared and defined so to be, but it sufficeth that we take the word, hereticall, in a pro∣per and vsuall signification, and wher∣in Catholickes doe commonly take it, especially when this common sense is agreeable to the meaning and vnder∣standing of the Law-maker: for that, according to the approued rule be∣fore set downe in the second obserua∣tion, in a penall and odious matter, when the wordes of any Law are doubtfull or ambiguous, and there be many common senses of the same word or sentence, we ought to take them in that common sense, which is more fauourable, especially when it is not against the meaning of the Law-maker.

6. Neither also is it necessarie to make any Doctrine or Position to be hereticall, that the proposition with all particular circumstances therein expressed, must bee contained in the

holy Scriptures, but it sufficeth, that it contain a particular falshood, which onely in the generall is expressed in the holy Scriptures, and that no particular word, or circumstance bee added in the particular proposition, which doth make it not to be contayned in the ge∣nerall falshood, as a particular in the vniuersall. For which cause, these pro∣positions, It is lawfull for one to take from his neighbour his purse, or to mur∣ther him with a pistoll, if hee liue a wan∣ton or wicked life, are hereticall, and re∣pugnant to those words of holy Scripture, Thou shalt not steale, Thou shalt not kill,* 1.2 although those particula∣rities of being a wanton or wicked man, or of killing him with a pistoll, are not expresly contained in the holy Scrip∣tures, because they doe not giue any warrant to stealing or killing, or make that particular stealing or killing not be included in those generall words, Thou shalt not steale, Thou shalt not kill.

7. First therefore, although by rea∣son of the matter of this Branch we may truely abiure as hereticall, not onely

the Doctrine of murthering, but also of deposing Princes, which are excom∣municated or depriued by the Pope, yet if we onely regard the force and vertue of the expresse words, according to the plaine and common sense and vn∣derstanding of them, to which the se∣uenth clause of the Oath tyeth the swearer, we are not bound to abiure both Doctrines as hereticall, but it sufficeth, by vertue of the words, to ab∣iure as hereticall, onely the Doctrine of murthering such Princes, as Wid∣drington hath shewed in his Theologi∣call Disputation,* 1.3 and proued more at large in his Answer to Fitzherbert, in the end of the second part. And the reason is, for that to make hereticall a conditionall disiunctiue proposition, which implyeth a free choyce to take eyther part of the disiunction if wee please, it sufficeth that one part of the disiunction be hereticall, although the other part be not hereticall, but per∣chance most true and of faith, which contrariwise happeneth in an absolute disiunctiue proposition, which suppo∣seth and implyeth no such condition

or choyce. As for example, This pro∣position, It is lawfull for any man to ho∣nour or blaspheme God, if hee will, or, which is all one in sence with this, A∣ny man may lawfully honour or blaspheme God, is false and hereticall, and may be abiured as hereticall, although one part only thereof be hereticall, and the other part of faith: For such conditional disiunctiue propositions, for as much as concerneth the truth or falshood of them, doe not follow the nature of an absolute and ordinarie disiunctiue pro∣position, but of a copulatiue propositi∣on, to the veritie whereof is required, that both parts must be true, and to make it false and hereticall, it sufficeth that onely one part thereof bee false and hereticall, whereas contrariwise to the veritie of an absolute disiunctiue proposition, which implyeth no such choyce or condition, it sufficeth that one part thereof be true, and to make it false and hereticall, both parts ther∣of must needes be false and hereticall: for which cause this proposition, God is honoured or blasphemed by good and vertuous men, is true, because one part

of the disiunction is true, and this pro∣position, God is honoured and blasphe∣med by good and vertuous men, is false, because both parts of the proposition are not false, but one of them is true.

8. That this proposition, Subiects may lawfully depose, or murther their Prince, who is excommunicated or depri∣ued by the Pope, or which in sence is all one with the Doctrine and positi∣on contayned in this Branch of the Oath (seeing that onely the Verbe passiue is changed into the actiue) is such a conditionall disiunctiue proposi∣tion, as implyeth a free choyce and condition to take eyther part of the disiunction if wee please, as likewise all such disiunctiue propositions, wherein the Coniunction [or] followeth the Verbe [may] doe imply and suppose, according to the vsuall signification of our English phrase, a free choyse and condition to take eyther part of the disiunction if we please, Widdring∣ton proueth by many examples of pro∣positions, neyther can there be alled∣ged scarce any one proposition,

wherein it is not commonly so taken. As for example, You may stay here or depart: You may eat or drinke: you may buy in such a place Wine or Oyle: You may haue in the shambles Beefe or Mut∣ton: You may goe to such a place by land or by water: You may buy that land in fee-farme or by lease. The King by ver∣tue of an Act of Parliament, may take of conuicted Popish Recusants, twentie pounds for euerie moneth, or the third part of all their lands. The Sherife may presently hang a theefe condemned to die, or delay his death for some small time. If any person hold any lands of any other Lord, then of the King, by Knights ser∣uice, he may giue, dispose, or assure by his last Will and Testament, two parts of the said lands holden by Knights seruice, or of as much thereof as shall amount to the full yearely value of two parts. If a man by his last Will and Testament ordayne, that his Executors may bestow twentie pounds vpon the poore, or repayre such a Bridge, it is in the free power of the Executor to chuse whether of those two he please. Finally, in clauses of reuocation, where the words are, That one

may by any deed in his life time, or by his last Will and Testament, reuoke the sayd vses, and limit new, it is in his free pow∣er and choyce, to doe it by the one or by the other, as he shall thinke good. In these, & infinite such like examples, which may bee brought, the Verbe [may] implyeth a free power to chuse eyther part of the disiunction one plea∣seth, neyther can there scarcely bee alledged any one example, wherein the Coniunction disiunctiue [or] im∣mediatly following the Verbe [may] is not commonly so taken: and espe∣cially when the latter part of the dis∣iunction, which is affirmed, is no way lesse certayne, but rather more cer∣taine then the former part: which note, I wish the Reader to obserue chiefly for the Doctrine of this pre∣sent clause, which doth not affirme, that Princes beeing excommunicated or depriued by the Pope, may be mur∣thered or deposed by their subiects, for then some might imagine the sense to be that such Princes may be mur∣thered or at least wise deposed, because the deposing of such Princes, is lesser

then the murthering of thē, but seeing that it is affirmed, that such Princes may be deposed or murthered, it is ma∣nifest, that the Coniunction [or] can not signifie at least wise, because if the Doctrine of deposing such Princes may be abiured as hereticall, much more and not much lesse the Doctrine of murthering them may bee abiured as hereticall.

9. And by this it is apparant, that to abiure as hereticall this Doctrine, & conditionall disiunctiue position, That Princes which be excommunicated or de∣priued by the Pope, may be deposed or murthered by their subiects, or any other whatsoeuer; it sufficeth by force and vertue of the words, onely to abiure as hereticall the Doctrine of murthe∣ring such Princes, although, by reason of the matter, it be lawfull (as you shal see forthwith) to abiure as hereticall not onely the Doctrine of murthering, but also of deposing such Princes.

10. That the Doctrine of murthe∣ring such Princes is hereticall, or, which is all one, contayneth in it a manifest falshood, which is repugnant to the

Word of God, it is euident by those two places of holy Scripture cited by Widdrington, Thou shalt not kill, Exod. 20. which words are generall and common to euerie vniust killing, and Kill him not, for who shall extend his hand vpon the Lords annoynted, and bee innocent, 1. Reg. 26. Which wordes are proper and peculiar to the mur∣thering of Princes. Neyther doth the excommunicating, or depriuing of Prin∣ces by the Pope, which are added in this Doctrine and position, giue suffi∣cient warrant to murther such Prin∣ces, although wee should admit that the Pope hath authoritie to depriue them; for that Excommunication de∣priueth onely of spirituall graces, and depriuation onely of temporall King∣domes, but neyther of them of cor∣porall life, as Suarez also confesseth.* 1.4 Yea we may truely abiure as manifest∣ly false, damnable, and repugnant to those words of holy Scriptures, Thou shalt not kill, and consequently as here∣ticall, this Doctrine and position, That it is lawfull for euery man to kill a male∣factour, who is condemned by the Iudge

to dye, for that the sentence of death denounced against him by the Iudge doth not giue leaue, licence, warrant, and commission to euerie man to put him to death, but onely to the She∣rife, or others, who are appoyn∣ted Executioners of iustice in that case.

11. That the Doctrine also of de∣posing such Princes is hereticall, and contayneth a manifest falshood repug∣nant to the Word of God, it is eui∣dent; for that to take away by force and violence the Crowne and King∣dome of a Prince who is in possession thereof, only vpon a probable or con∣trouersed title, is open iniustice, as you haue seene before in the fift Ob∣seruation; and consequently Theft and Rapine in a most high degree, and therefore repugnant both to that pre∣cept of the Decalogue, Thou shalt not steale, and to the third Commaunde∣ment, Honour thy Father and Mother, wherein the honour and reuerence, which is due from subiects to their Prince, who is the Father of the Coun∣trie, is according to the doctrine of all

Diuines included, and it is also speci∣ally against that commaundement of our Sauiour, Render to Caesar the things that are Caesars, which precept inclu∣deth also the negatiue, not to take a∣way from Caesar that which is his due,* 1.5 as contrariwise that precept, Thou shalt not steale, includeth also the affir∣matiue, to render and restore backe what hath beene wrongfully taken a∣way. Wherefore there is no more scruple to be made, to abiure the a∣foresaid Doctrine and position as im∣pious, damnable, and heretical, then to abiure it as manifestly false and iniuri∣ous to Princes, seeing that the mani∣fest falshood and iniustice contayned therein, is expresly repugnant to the word and commaundement of God reuealed to vs in the holy Scriptures: and it is also grounded vpon these two manifest principles, and which without manifest impudency cannot be denyed by any man; The one, that it is a contouersie among Catholicks, whether the Pope hath authoritie to depriue Princes, & the other, that it is open iniustice to depose, or to thrust

one out of his possession vpon a title, which is not most certaine but in con∣trouersie.

12. Lastly, I wish the Reader to consider the third and last exposition of this Branch, which Widdrington brought in his Theologicall Disputati∣on, and defendeth at large in, his An∣swere to Fitz-herberts Reply against the same, to wit, that albeit in regard of the matter, wee may lawfully ab∣iure for heretical, the doctrine not on∣ly of murthering, but also of desposing Princes, which bee excommunicated or depriued by the Pope, yet, by force and vertue of the wordes, wee are not bound to abiure either the doctrine of deposing, or also of murthering such Princes, for hereticall, but only as hereticall, that is, for a very false and iniurious doctrine in the highest degree almost of fal∣shood and iniustice, and which there∣fore in regard of the abhorring, de∣testing, and abiuring thereof, hath some resemblance and similitude with hereticall doctrine, although we take the word hereticall in the most

strict and rigorous sense that may be. And the reason is, for that the Ad∣uerbe [as] being an Aduerbe of simi∣litude, doth properly and vsually by force and vertue of the word denote only a similitude, and if at any time it signifie an identitie, equalitie, or realtie, as (sometimes it doth, but most commonly it doth not) it is not by force of the word, but only in re∣gard of the matter, to which it is ap∣plyed. And this Explication will serue very well to conuince the wil∣fulnesse of him, who out of his ha∣tred to this Oath, will contrarie to all reason, and the rules before assigned out of Suarez, needes haue the word hereticall to bee taken only for that, which the definition of the Church maketh hereticall, and which before was not hereticall, although it was most euidently false, and repugnant to the holy Scriptures, and the word impious only for that, which is against pietie, which is due to God or car∣nall Parents, albeit otherwise it bee neuer so wicked and iniurious to Princes who are the Fathers of the

Countrie. For we may verie well an∣swere him, that the Aduerbe as being an Aduerbe of similitude, and by force of the word, and, according to the plaine and common sense and vn∣derstanding of the same, signifying only a similitude, & not a reality, but in regard of the matter to which it is referred, doth in this Branch denote only a similitude of that strict and ri∣gorous Heresie and Impietie, because the matter, to which it is applyed, will not suffer it to signifie a doctrine impious and hereticall in that strict and rigorous manner, but only by way of comparison and similitude: and then the sense and meaning of this Branch is, that I doe abhorre, detest, and ab∣iure that doctrine and position as im∣pious and hereticall, that is, in a most high degree of horror and detestati∣on, and not much vnlike to the dete∣sting of that doctrine, which is impi∣ous and hereticall, in that ouer∣much strict and rigorous manner. Ne∣uerthelesse this Explication, as hath beene shewed aboue, is not necessary, but only for such wilfull persons, as do

seeke to expound the wordes of the Oath in the most odious sense, con∣trarie to the plaine and common vn∣derstanding of them, and the true meaning of the Law-maker.

Notes

• * 1.1

  Widdrington in his Adioinder to the first and second part.
• * 1.2

  Exod. 20.
• * 1.3

  In his Theo∣log. Disp. cap. 5. Sec. 2.
• * 1.4

  Suarez in de∣fens. &c. lib. 6. cap. 4. nu. 10. & seq.
• * 1.5

  Matth. 22.