Glimpses of Christian History Presents Pastwords #98: The Lawfulness of the Oath of Allegiance by Theophilus Higgons ©2007

Higgons was a Catholic priest. He argued for the lawfulness of the oath despite a papal brief commanding the opposite. (See 097 for Paul Paul VIth and James I's positions)

onsidering that I am as a contemner of the Popes authoritie calumniated, and not a little disgraced by some, because notwithstanding his Holinesse Breves, I have allowed of the Oath of Allegiance, you marvaile (much esteemed Sir) that I have been so long silent, and have not indevored to remove calumny, which troubleth the wise, and destroyeth the strength of their hearts, by publishing for my just defence somewhat of that which I have written: the truth is, I want means to publish in that sort as I have written, but rather, I resolved to avoide offence, being not ignorant of the nature of Calumniators, who upon a just defence grow more eager, like dogges with arrowes in their thighes, so they with calumnies in their mouthes. I contemned therefore, the headlong judgements of detractorie tongues, of such, who censure all those who are not of their opinion infanire, like the foole whom Salomon describeth: But for your private satisfaction, I will (by God his assistance) shew some generall reasons, why I have observed the mouth of my King, obeying his commandement, and observed the precepts of the Oath of God in the same, to wit, justice, judgement, and truth: The which reasons in a contracted and generall manner like as now, so certaine yeeres agoe, at the first enacting of the Oath, before any inhibition against the same was by some overbusie Parson procured from Rome, I dispersed to certaine of my friends, by the same, according to the expresse charge of the Apostle, admonishing them to be subject to their Prince and his power, to obey his commandement even at a word, and to be readie to everie good worke: and seeing it hath been my fortune to have had confference of late, with divers learned men both in these parts and beyond the seas, and in particular with the principall Readers of Divinitie in Lovaine, I shall bee able the better so to expresse my reasons that they may more fully convince for truth. The difficultie will be to contract into a very small roome (as I intend) many reasons in a matter of such weight, so eagerly impugned and contradicted by some, and rejected by others, who never vouchsafed once to reade the Oath: and therefore guilfully are informed certaine things odious to them to be in it, which are not so much as once mentioned: to wit, that the Popes spirituall headship of the Church in spirituall matters is denied, that his power to excommunicate is rejected, that the Oath is now required, and was first expresly enacted by our Prince and Parliament, to distinguish Catholikes from Protestants, not loyall subjects from the disloyall and unnaturall: and these three forgeries are the chiefest arguments, by the which they make the Oath hatefull, and leade the simple into the pit of their owne ruine: but these are meere flights, and bugges, as is manifest to the reader of the Oath, the which I will here, lest you should not have it readie at hand, set downe word for word, as it lieth in the statute booke; which done, I will, by the assistance of Jesus, in the sincerities of a Catholike Priest, deliver certaine generall reasons for the lawfulnes of the same, protesting and vowing in all things to obey the Catholike and universall definition of the Catholike Church; Catholike definition, I say, for so I doe, and will beleeve all, and whatsoever: greatly lamenting to observe, with how great scandall and prejudice of the Catholike truth, divers doe restraine the rule of faith, and the infallibilitie of the same to the Pope with his Consistorie [Church court or Pope' assembly] alone, yea to the Pope alone, so flattering or ignorantly prejudicious to the truth some seeme.

Be not offended (I beseech you Catholike Sir) at this my invection against the Injurers of the Catholike truth: for if you consider maturely, how these men hold it necessarie for him that will be a Catholike, to beleeve that the Pope defining alone cannot erre, nor teach false doctrine, making thereby his sole judgement the rule of faith, and then if you further observe that it is so to manifest and cannot be denied, that divers Popes have erred, taught heresie, and subscribed to heresie, and defined as much as lay in them heresie: (and what Parsons affirmeth, citing divers authors for the same that Popes as Popes may erre:) as Sixtus Quintus in an erroneous Bible which he had compiled, and endevoured to publish, having made his decretall Epistle for the same, and commanding the publishing of it, the very Cursours having order to affixe the same Epistle at places appointed and used: which they accordingly did, as divers then in Rome affirmed: I speake out of perfect knowledge, because presently after this Popes death I my selfe was in Rome: and as Honorius Pope, was by three generall Councels accounted a Monothelite Heretike for his hereticall and doctrinall Epistles, which he wrote to Sergius Patriarke, and by him to the East Churches with divers other Popes, whose erroneous doctrinall Epistles cannot bee denied, nor by any meanes excused from errour or heresie, unlesse by some such a Golias, who will adventure after the censure of three Generall councels, and divers Popes to defend Honorius from being an Heretike, as though those generall Councels had been deceived by surreption, having Honorius his Epistles before them, or else fraudilently (concurring) with Pope Agatho, and other of his successors were willing to execrate Honorius for an heretike, although in their consciences they esteemed otherwise of him: what will not such a one attempt, who to the disgrace of three Generall Councels, divers Popes and all antiquitie, will thus defend iniquitie in excusing excuses, to the setting up of a fallible and deceivable rule of faith, to wit, the Popes sole judgement, fortified with a few Cardinals subsequent or precedent consultation, and approvance, to the undoing of that most approved, most certaine, most infallible rule of Catholike faith, which wee in our Creed beleeve, and professe to be the only inerrable rule of faith in the Catholike Church? of which Church, although I account and beleeve with S. Gregorie, the Pope as chiefe member, yet is he necessarily subject to her rules and definitions, not above them: hee is not Dominus Cleri, much lesse fidei Dominus, Lord of faith; he is onely amongst his brethren the first Teacher and Interpreter, or rather helper of faith. And let all antiquitie be searched, and but one Councell be produced in which Bishops being assembled did not really define, and judicially subscribe, and without them and by the Pope alone there was never yet article of faith defined, nor heresie Catholikely execrated: and otherwise to affirme and to make Bishops of the Church but as substitutes under the Pope, like as Viceroyes and Presidens are under an absolute Monarch, or as poore husbandmen are under a rich householder to till his fields, (as Cardinall Bellarmine doth) is to lay unavoidably upon Peters successor that Antichristian title which S. Gregorie so much detested. It were too to dangerous (saith Archidiaconus) to commit our faith to the judgement of any one man whatsoever, and herein all antiquitie agreeth maugre [in spite of] all adversaries.

Catholike Sir, you will say I runne too fast. Trulie herein my penne could abundantlie expatiate it selfe against he opinions of some men, who I feare will suffodere fundamenta Ecclesia, by extolling the Popes sole authoritie. Wofull effects are alreadie seene in all Mosconie, and the whole Easterne Churches upon like, but lesse and false pretences with those of Alexandria and Egypt. May it not bee said that some are like that Oratour who extolling eloquence to the heavens, minded with her to elevate himselfe; so these men making a fourth vow (which I disprove not) to be obedient to the Pope, not only as he is chiefe amongst Catholike Bishops, but as to a speciall and proper superiour, owing him all, and such obedience as they call blind, so that they may not examine doubtfully his commandements; whom therefore if they immoderately elevate, what is it, but efferre oculos vt ambulent in mirabilibus, over and against Princes in cases of necessitie, when they prove either Wolves or unruly Weathers: and when, where, how, why or in what sort, Soveraignes prove such, the Pope onely must or may interpret, and then so many waies are Princes subject to temporall deposition and punishment from them: and is not this goodly doctrine: I will not say fit for the ministers of him that is prophecied to sit upon the read horse, but I am assured unfitting for them who must be bene patientes vt annuncient, and servants of him who sitting upon the white horse conquering went foorth to conquer.

But notwithstanding their eagernesse in this question, I may truly protest that all such as I have conferred withal concerning this supereminent power of the Pope over Princes to punish them temporally, they produce as chiefe ground this reason, to wit, otherwise Christ had not sufficiently provided for his Church, if he had not given such power to the Pope over and against Princes scandalously offending and perverting their Subjects: but this reason being shewed to hault many waies, and it being instanced, in case a Pope transgresse and leade innumerable soules to hell, whether Christ hath left any power over him or against him to punish him by judiciall processe, either spiritually or temporally: here when they should confesse a provision, which indeed is in the Church, against and over such Popes: with stomacke they denie it, or are mute, and so by their silence shew that in some persons, excesses, though never so extreame, are onely to be punished, and redressed by the power of him, who maketh sometimes impious and hypocrites to reigne and rule for the sinnes of the people: and marke their logicke, they will forsooth, have absolute Princes to be temporally and corporally punishable by him, that hath onely by Christs institution a spirituall sword, and yet a Pope never so desperately offending, and perverting soules, they will not have any way punishable (except in case of heresie) not by her, for whose good and service the Pope is; not she for his, who is the spouse, bodie, and fulnesse of Christ, for whom he shed his blood, and to whom he gave the keyes of the kingdome of heaven, according to the doctrine of the Fathers, to bind and loose whatsoever upon earth, whose minister, the Pope onely is, unlesse that of servus servorum Des, bee but an Italian complement, and that the Church were fore the Pope, rather than the Pope for her, or that paradoxicall opinion of a certaine one, that the universall Church is the wife and spouse of the Pope, were true, whereas indeed good Popes are, as Saint John Baptist tearmed himselfe, amicum sponsi, but not the spouse himselfe, which is Christ Jesus her onely husband, to whom she is espoused as a chaste virgine to one man. But you will say that I wade too farre in such a libertie of spirit: true perhaps, though not in untrueth, but yet let me with one thing, that God would vouchsafe to inspire into the hearts of Catholike Bishops, Princes, and Prelates, to call to minde that of Saint Crprium: Episcepatus vnum est, & the Episcopacie or Bishopricke of the Church, of which, of every one (to wit, Bishop) a part is solidly held: and to imitate the proceedings of the Prelates of the Councell of Constance, and Basil, whose christian and free courage, did then cure the Church of that most desperte disease, which the oppositions of some Popes, had brought upon it, and that they would now remove that imminent scandall, which some are weaving, by making the Pope so absolute over Soveraignes, and his sole judgement the inerrable rule of Faith, which notwithstanding is of this nature, that being it concerneth all, it must be approved and received by all, at least governers of the Church, before it can be made Catholike and universall; but contracting my discourse, which, for the confirming of this trueth, to wit, that the Pope alone cannot make a Catholike definition, binding all, might be very amplie strengthened with authorities, and reasons of all kinde irrefutable. I will in expresse words set downe the Oath of allegiance, that your discretion may the better discerne how puposely I have produced my reasons insuing, for the allowance of the same, and whether I have been so voide of conscience, or wilfully proude, to obey my Soveraigne, whom God and my Countrey have placed in the Brittish throne. Thus then it is.

The Title The Oath of Allegiance or due obedience, made the third of King James,
in the second Session of Parliament proroged, Chapter the fourth.

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 James, is lawfull and rightfull King of this Realme, and of all other his Majesties Dominions and Countries.

And that the Pope neither of himselfe, nor by any authorities of the Church or See of Rome, or by any other meanes with any other hath any power or Authoritie to depose the King, or to dispose any of his Majesties Kingdomes, or Dominions, or to authorize any forraigne Prince to invade or annoy him, or his Countreys.

Or to discharge any of his Subjects of their allegiance and obedience to his Majestie, or to give license or leave to any of them to beare Armes, raise tumult, 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.

Also I do sweare from my heart, that notwithstanding any Declaration or sentence of Excommunication or deprivation made or granted, or to be made or granted by the Pope or his successours, or by any Authoritie derived, or pretended to be derived from him, or his See against the said King, his Heires or Successours, or any absolution of the said Subjects from their obedience: I will beare faith and true allegiance to his Majesty, his Heires and Successours, and him and them will defend to the uttermost of my power, against all Conspiracies and attemptes whatsoever, which shall be made against his or their Persons, their Crowne and dignitie, by reason or colour of any such Sentence or declaration or otherwise, and will doe my best endevour to desclose and make knowen unto his Majestie, his Heires and Successours, all Treasons and Traiterous conspiracies, which I shall know or heare of to be against him or any of them.

And I doe further sweare, That I do from my heart abhor, 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.

And I doe beleeve and in conscience am resolved, that neither the pope nor any person whatsoever, hath power to absolve mee of this Oath, or any part thereof.

Which I acknowldge by good and full authoritie to bee lawfully ministred unto mee.

And doe renounce all Pardons and dispensations to the contrary.

And all these things I doe plainely and sincerely acknowledge and sweare, according to these expresse words by me spoken, and according to the plaine and common sense and understanding of the same wordes, without any Equivocation, or mentall evasion, or secret reservation whatsoever. And I doe make this recognition and acknowledgement heartily, willingly, and truely, upon the true faith of a Christian. So helpe me God.