among them 39. In Queen Elizabeths reign we have the Testimony of Doctour Bilson afterwards Bishop of Winchester whose expressions are these The Oath saith he expresseth not the duty of Princes to God but ours to them And as they must be obeyed when they joyne with the truth so must they be endured when they fall into errour Which side soever they take either obedience to their Wills or submission to their swords is their due by Gods Law And that is all which our oath exacteth Again This is the supreme power of Princes which we soberly teach and which you JESUITES so bitterly detest That Princes be Gods Ministers in their own Dominions bearing the sword freely to permit and publickly to defend that which God commandeth in Faith and good manners and in ecclesiastical discipline to receive and establish such Rules and Orders as the Scriptures Canons shall decide to be needful and healthful for the Church of God in their Kingdomes And as they may lawfully command that which is good in all things and causes be they Temporal Spiritual or Ecclesiastical So may they with just force remove whatsoever is erroneous vitious or superstitious within their lands and with external losses and corporal pains represse the broachers and abbettours of Heresies and all impieties From which subjection unto Princes no man within their Realms Monk Priest Preacher nor Prelate is exempted And without their Realmes no mortal man hath any power from Christ judicially to depose them much lesse to invade them in open field least of all to warrant their Subjects to rebel against them Moreover intending to explain in what sence Spiritual Jurisdiction seems by the oath to be given to Princes he saith first We make no Prince judge of Faith and then more particularly To devise new Rites and Ceremonies for the Church is not the Princes vocation but to receive and allow such as the Scriptures and Canons commend and such as the Bishops and pastours of the place shall advise not infringing the Scriptures or Canons And so for all other Ecclesiastical things and â—auses Princes be neither the devisers nor Directours of them but the Confirmers and establishers of that which is good and displacers and Revengers of that whiâ—h is evill Which power we say they have in all things and causes be they Spiritual Ecclesiastical or Temporal Hereto his adversary is brought in replying And what for Excommunications and absolutions be they in the princes power also To this he answers The abuse of Excommunication in the priest and contempt of it in the people Princes may punish excommunicate they may not for so much as the Keys are no paâ—t of their charge Lastly to explain the Negative clause in the Oath he sayes In this sense we defend Princes to be supreme that is not at liberty to do what they list without regard of truth or right but without superiour on Earth to represse them with violent means and to take their Kingdomes from them Thus Doctour Bâ—lson whose testimony may be interpreted to be the Queens own interpretation of the oath since as appears by the Title page of his book what he wrote was perused and approved by publick Authority And to such a sense of the Oath as this there is not a Catholick Clergy man in France Germany Venice or Flanders but would readily subscribe 40. In the next place suitable to him Doctour Carleton in King James his time thus states the matter Bellarmine saith he disputing of Jurisdiction saith There is a triple Power in the Bishop of Rome first of Order secondly of internal jurisdiction thirdly of external jurisdiction The first is referd to the sacraments the second to inward Government which is in the court of Conscience the third to that external Government which is practised in external Courts And confesseth that of the first and second there is no question between us but only of the third Then of this saith Carleton we are agreed that the question between us and them is only of Jurisdiction coactive in external courts binding and compelling by force of Law and other External Mulcts and punishments beside excommunication As for spiritual Jurisdiction of the Church standing in examination of Controversies of Faith judging of Heresies deposing of Hereticks excommunication of notorious offendours Ordination of Priests and Deacons Institution and Collation of Benefices and spiritual Cures c. this we reserve entire to the Church which Princes cannot give or take from the Church This power hath been practised by the Church without co-active jurisdiction other then of Excommunication But when matters handled in the Ecclesiastical Consistory are not matters of Faith and Religion but of a Civil nature which yet are called Ecclesiastical as being given by Princes and appointed to be within the cognisance of that Consistory and when the censures are not spiritual but carnal compulsive coactive here appeareth the power or the Civil Magistrate This power we yield to the Magistrate and here is the question whether the Magistrate hath right to this power or Jurisdiction c. This then is the thing that we are to prove That Ecclesiastical coactive power by force of Law and corporal punishments by which Christian people are to be governed in externall and contentious Courts is a power which of right belongeth to Christian Princes Again afterward he sayes Concerning the extention of the Churches Jurisdiction it cannot be denyed but that there is a power in the Church not only internal but also of external Jurisdiction Of internal power there is no question made External Jurisdiction being understood all that is practised in external Courts or Consistories is either definitive or Mulctative Authority Definitive in matters of Faith and Religion belongeth to the Church Mulctative power may be understood either as it is with Coaction or as it is referred to spirituall censures As it standeth in spirituall censures it is the right of the Church and was practised by the Church when the Church was without a Christian Magistrate and since But coactive Jurisdiction was never practised by the Church when the Church was without Christian Magistrates but was alwayes understood to belong to the civill Magistrate whether he were Christian or Heathen After this manner doth Doctour Carleton Bishop of Chichester understand the Supremacy of the King acknowledged in the Oath 41. In the last place Doctour Bramhall Bishop of Derry in our late Kings dayes and now Archbishop of Armagh thus declares both the Affirmative and Negative parts of the Oath touching the Kings supream authority in matters Ecclesiastical and renouncing the Popes Jurisdiction in the same here in England in his book called Schisme guarded c. The summe of which Book is in the Title-page expressed to consist in shewing that the great Controversie about Papal power is not a question of Faith but of interest and profit not with the Church of Rome but with the Court of Rome
Religion which forbids them to confirm by Oath that which they without oath willingly and almost unanimously profess This is a mystery that Protestants wonder at 65. If Catholicks answer that they are ready to swear that which Protestants so confidently affirm to be the sence of the Oath but the Oath it self according to the present form they dare not take because they find such a sence very unsuitable to the expressions in the Oath The others will reply That Catholicks take too much upon themselves to give a sence to an Oath contrary to what is declared by publick and supreme Authority That Protestants themselves would make a scruple perhaps at it were it not that the sence in which they declare their taking of it so seems to them warranted by supreme authority as no man can imagine almost a more Authentick testimony For that by the Oath our Princes would have no other then civil Regal authority in Ecclesiastical matters attributed to them and that as they themselves pretend not to a Jurisdiction purely spiritual so neither do they envy or deny it to any of those whom our Lord has constituted Pastours of souls in his Church All this is attested by all particular Writers nemine contradicente by the voluntary assertions of our Princes the undoubted authoritative interpreters of their own Lawes who publickly approved such Writers and also shew'd this by their Actions or rather their Omissions to exercise spiritual power Further the same is attested by a publick Article or confession of Faith of the whole body of the English Clergy confirmed and made an Ecclesiastical Law by Regal and Parliamentary authority And Lastly by Acts of Parliament remaining in full force so that in the opinion of Protestants it is almost impossible to find stronger assurances of any truth then are the proofs that this is acknowledged to be the true sence of the Oath Thus say Protestants 66. Notwithstanding in the judgment of Catholicks the Negative clause in the oath viz. No forraign Prince Prelate c. hath or ought to have any Jurisdiction power or authority Ecclesiastical or spiritual within this Realm seems incapable of that sence and directly contrary to a point of their Faith viz. that the Pope is supreme pastour of the whole Church in matters purely Ecclesiastical or spiritual That clause has so horrible an aspect it implies a renouncing even the Popes pastoral Authority and this with so much Emphasis that least the word ECCLESIASTICAL might possibly import a Civil authority in Ecclesiastical Courts there is added also SPIRITUAL that therefore a Catholicks tongue cannot repeat it much less swear to an acknowledgment of it 67. But this excuse does not satisfie such Protestants as out of compassion to the fellow-sufferings of Roman Catholicks are desirous that their Fidelity may be usefull to their Soveraign and Country For they reply that though the said clause might perhaps deserve to be ill looked on by strangers yet not so by Englishmen Since the word SPIRITUAL has not the same Notion elsewhere that it has in England The Oath is to be administred not only to schollers but to all Lay-persons in Office to Soldiers in ships c. Now in England the word ECCLESIASTICAL is not commonly understood by ignorant persons and therefore for explanation of it there is added OR SPIRITUAL which term whensoever it is applyed to Jurisdiction signifies in England no more then such Jurisdiction as is exercised In foro contentioso and Ecclesiastical Courts which we call the Spiritual Courts and Spiritual Judges and Spiritual Authority as my Lord of Derry well observes for as for that purely spiritual Jurisdiction that a Bishop exercises in censures or a Confessarius over his penitent in the internal Court of conscience English Men ordinarily know little or nothing of it And therefore if that clause were to be translated into Italian French or Latin the word SPIRITUAL ought not to be turn'd Spiritualem but some other term must be invented which should import this sence and no more 68. Again though the clause sayes that the Pope has not any authority no not so much as Ecclesiastical or Spiritual it hath as they think already been shewed that that phrase implies only that he hath not any such Regal or Civil authority by his own right and Divine Law as the King challenges in matters Ecclesiastical as the approved explication by the words SO AS in Queen Elizabeths Admonition demonstrates Neither is it unusual among Writers when they speak of a present matter and would deny any thing concerning it to deny it in indefinite terms So when our Saviour sayes to the Scribes If ye were blind ye should have no sin or ye should not have any sin his meaning is not That if they had not had sufficient light whereby they might perceive him to be the Messias they would not have been proud malicious adulterers c. but only this That the sin of infidelity should not have been imputed to them which before he had charged them withall 69. Therefore although that clause look so hideously in the eyes of Roman Catholicks that if it stood alone and were considered absolutely and simply by it self they could not without renouncing a point of acknowledged Catholick Faith subscribe to it Notwithstanding if it be considered with dependence on the foregoing words of the Oath it speaks a quite other language then otherwise it would in their opinion 70. To give some examples of the like case If it were proposed to an Orthodox Christian whether he would subscribe to these Assertions The Father is greater then the Son and There is no evill but God is the Author of it He would doubtless refuse to subscribe to the former as being Heretical and to the later as being moreover blasphemous Notwithstanding having been informed that our Saviour speaking of himself as a man said My Father is greater then I am and that the meaning is That the Father is greater then the Son if the Son be considered according to his humane nature And again that God has by his prophet speaking of Afflictions said expresly Is there any evill in a City of which I am not the Author and that the word EVILL in that speech doth not signifie sin which it does when it is mentioned absolutely and simply but only punishment then a good Catholick will make no difficulty in subscribing to both those sayings Now the very same say they may be said touching this clause as it lies in the Oath especially having been sufficiently declared that it is only a civill temporal Jurisdiction in Ecclesiastical Courts c. which is denyed to belong to any other by right except only the King 71. But in all events they conceive that among all Roman Catholicks those might soonest be perswaded to admit a favourable interpretation of this oath who maintain the doctrine of Equivocation which is not expresly excluded by this Oath as it is
Protestants know that the first invention of this Oath was to explore the consciences of Catholicks and to tempt them to Schisme by renouncing the Spiritual Authority of the head of Gods Church which under perill of damnation they cannot do They would not perhaps find so great difficulty without swearing only to say That the King alone is the supreme Governour in all matters Ecclesiastical within his Dominions c. when they are obliged to say this to persons that acknowledge with them such power to be only Civill But an Oath to Catholicks is a thing so dreadful that they dare not call God to witnesse that they sincerely swear an acknowledgement that the Pope has not nor ought to have any Superiority Ecclesiastical or Spiritual unlesse it might be permitted them at the same time in the same breath to signify that this is intended of Civil Kingly Authority in Ecclesiastical causes They tremble to swear in a phrase at the best ambiguous or rather not ambiguous but formally contradictory to Catholick Doctrine for all the words that they pronounce and of their acknowledgment whereof they make God a witnesse are such as they are perswaded to be manifestly erroneous Now God is called a witnesse to what men say in an oath not to what they think unless they think as they say 80. But moreover there is another consideration that is more than sufficient to make the taking of this oath inconsistent with Catholick Religion and that is the difference that King James Bishop Andrews c. put between the two oathes of Supremacy and Allegiance in regard of their End and intention For sayes King James The Oath of Allegiance was not framed against Roman Catholicks in general but only to make a separation between Catholicks of a peaceable disposition in all other things good Subjects and such Roman Catholicks as maintained the Rebellious Maxims of the Powder-traitours But as for the Oath of Supremacy the intention of the continuation of it was to the end to discover who were Roman Catholichs and who Protestants So that whosoever takes that Oath is presumed by King James c. to declare that he is no Catholick Bishop Andrews has the like expression but withall he discovers the usesessness of that oath For saies he what needs any oath at all to detect who are Roman Catholicks For they refuse to be present at the Protestants Church service they will not come to our Sermons they dare not receive the Eucharist with us c. So that without any oath you may easily know who are Roman Catholicks 81. Lastly the principal proof by which Protestants demonstrate that by the Oathes no other Authority or Supremacy is given to our Princes but civil only which is the 37 Article of the English Church though it be sufficient to clear the Affirmative part of the oath yet not so for the Negative concerning the Popes spiritual Jurisdiction Yea in the same place it is expresly excluded For the words following in the same Article do apparently give and require a very uncatholick sence of that Negative Clause for there is expressely affirmed The Bishop of Rome hath not any Jurisdiction in this Kingdom Now since both King James Bishop Andrews and the thirty seventh Article even in the very same places where they speak of Kingly and papal power do as the former rightly state the Kingly and leave the Papal Spiritual power indifinitely excluded their intention appears to have been to declare against and require an abrenunciation of a Catholick point of faith 82. Upon these grounds Catholicks dare not but refuse to take the Oath of Supremacy Perhaps by the new unlawful art of Casuistry some of them might think they could find evasions but generally such is the tendernesse of their consciences that they dare not think it lawful to make advantage of Casuistry in a Solemn Oath Very likely Protestants will call them nicely scrupulous foolish or improvident for this their tendernesse of conscience But sure they will not suspect them disloyal who attribute as much Authority to the King as themselves do and if it were permitted them to confirm this by a clear Oath in their own language they would not yield to them in the fullnesse of the expression If hereafter they are resolved not to grant them any ease from their pressures if a harmlesse scrupulosity in Catholicks shall bear those penalties which direct rebellion in others escapes If to satisfy the passion of not very good Subjects those that are truly loyal shall be treated as Rebells and their religion only punished indeed however that will not be acknowledged by those that punish it all that remains for Catholicks to say is Dominus judicabit fines terrae SECT IX Vpon what grounds some Catholicks make scruple to take the Oath of Allegiane 83. NExt followes the Oath of Allegiance framed by K. James upon the greatest provocation and an attentat the most execrable the most abhorred by the whole body of Catholicks both at home and abroad and the most scandalous to Christian Religion that ever was This oath affords also matter of wonder to Protestants Why Catholicks who acknowledge the Kings supreme civil authority should make any scruple to take it since it was never meant against such 84. But they may impute only to themselves the cause of such a refusal for by some incommodious phrases unnecessarily thrust into it they have frighted many from taking it and as if they had conspired with that one too well known party which alone gave occasion for the framing it they have given them advantage for those unnecessary phrases sake to fix upon all the Refusers a scandalous however unjust imputation as if they approved these abominable principles from which flowed that more abominable Attentat which deservedly wrung extreme severity from a Prince the most element that ever this Nation formerly had enjoyed 85. In the following Reflexions therefore upon this Oath justice requires that we should divide between the innocent and the guilty between those that not in this Kingdom only have made that Principle of Disloyalty their distinctive Charter and those that are ready to renounce that Principle if they might be allowed to renounce it by any other though more Emphatical expressions 86. As touching the former unhappy party it is observable that at the first publishing of the Oath there were in every line and almost particle of it pointed out by them a several Heresie All which Heresies are now at last vanished excepting only one which is that by which there is enjoyned a renouncing of that so bruited Article of Faith touching the Popes power of deposing Princes not for Heresie only but almost any other fault that shall be esteemed sufficient to deserve it 87. This pretended Article of Faith is by such new De-fide-men grounded either upon the Actions of certain Popes since Pope Gregory the seventh which both for their own sakes and ours it is to be
to their Religion in consequence thereto gave too just cause to thâ— State to provide against them 132. But of late the temper of the Kingdom is strangely altered God only knowes how many new Religions are starâ—ed up the natural issues of the more antient Presbyterian private spirit All which perhaps think themselves little or nothing concerned in Oathes made against Roman Catholicks and therefore will not much stand upon the taking of them by which means they notwithstanding their known principles and practises destructive both to Allegiance and peace wlll passe for good subjects without any obligation to renounce such principles or change such practises and only Roman Catholicks will keep the Oathes though they dare not take them by which means being yet more odious to such Sects for keeping the Oathes then they would have been if they had broke them the only revenge that the others have against them is to force them to take them So that between them all the security of his sacred Majesty which was only intended by the Oathes is not in the least measure provided for Yea I may I hope be permitted to say That his Majesty thinks himself secure of those that do not take the Oathes and stands in great need of securing himself from too many that freely take them and swear to be loyal to him What then can be imagined more necessary for a cure to so great a confusion then to change such inefficacious instruments of Loyalty 133. But moreover since it is not to be doubted but that his Majesty will not be unmindful of his promise so publickly made of a liberty for tender consciences and that none shall be called in question for differences of opinion in matter of Religion which do not disturb the peace of the Kingdom Those certainly will declare themselves most unworthy of the fruit of so unexampled a beingnity that shall either expect from such a promise a liberty to reserve any ill principles of Disloyalty or that shall exclude from the benefit of it any other of his Subjects that shall submit themselves to all possible proofs of renouncing such principles and that have hitherto without any Oathes taken constantly adhered to him 134. As his Majesty therefore has been pleased to take notice that among his Subjects of a different belief there are tender consciences and has promised to have a merciful regard to them So it is most just and necessary that his Subjects likewise should allow his Majesty to have a tender conscience too to which also they must have regard Now wherein can He or any in authority under him more truly and perfectly shew that he has a tender conscience with regard to his Subjects then by using his Authority to root out all ill Principles that disturbe peace or dispose to sedition and Rebellion For this end especially Princes were ordained by God So that if they do otherwise they should resist the ordinance of God and become far worse then Tyrants to their people Those Subjects therefore that would expect or desire that the maintaining any principles of disloyalty should be esteemed a proof that they have tender consciences do consequently expect that the King should give them leave whensoever they have a grudge in conscience thereto to depose him and to put the whole Kingdom into confusion 135. And now till his Majesty shall vouchsafe to interpret his promise more distinctly let any indifferent person judge who they are among so many different beliefs that ought to be esteemed to have tender consciences and to hold Opinions which do not disturb the peace of the Kingdom whether they that have and ever will be ready to give all possible proofes of loyalty both by words and deeds so that the words by which they professe this may not prejudice their religâ—on in a point of mere internal belief which has not any influence upon their Loyalty and who if they cannot otherwise then by betraying their faith be accepted and treated as loyal will protest themselves bound in conscience and by their Religion never to disturb the peace of the Kingdom but patiently to suffer as if they did disturb it Or those which make no conscience to swear according to a Forme that requires loyalty though they know that such a form in the proper sence of the words cannot consist with their belief and when they have done make lesse conscience of violating that duty which they know the law requires and which ought to have been performed though they had never sworn it Surely unlesse passion alone be judge unlesse that be to be called a tender conscience which is none at all and unless the Title of disturbers of the peace of the Kindom be appropriated to those only that trouble no body and wrongfully imputed to those only who are irreconcileable to all that love and promote peace and loyalty both Protestants and Catholicks there will be no errour in making a iudgment 136. It is not out of any design to please men but only because God and religion require it that Roman Catholicks acknowledg his Majesty to be our supreme Governour over all persons and in all causes as far as Kinâ—ly power can be exercised in them And by Gods grace it is not any fear of man that shall hinder them from professing that they acknowledg the Pope to be the supreme spiritual pastour of souls not only not subject to Kingly Civill authority therein but in his line above it as all spiritual jurisdiction of the Church is by the testimony of Dr. Carleton in his Admonition to the Reader It is purely from the fear of God that they deny unto the King a Spiritual Jurisdiction and to the Pope a Temporal Flattery disrespect or malignity have not the least influence on either of these professions If they should ascribe to the King a Pastoral authority in spiritual matters or to any Spiritual Pastours a Lordly dominion over the persons or lives of other mens subjects and much more over Kings themselves they should give to Caesar the things which are Gods and to God spiritually ruling in his Vicar the things which belong to Caesar they should herein wrong both the Pope and the King too and by mixing or doubling either of their powers destroy both As for their Duty to Kings they hear our Lord saying The Kings of the Nations bear a Lordly Dominion but nor so yee my Apostles I have not given to you any such authority yea they find our Lord refusing to be a King or so much as a Judge in temporal matters but not refusing to pay tribute nor to acknowledg Pilate to have power from heaven over him They hear the first Vicar of our Lord St. Peter commanding with an authority greater then ex Cathedrâ Be subject to every humane creature to the King as precelling all others c. Again as touching Spiritual Pastours they hear St. Paul say The weapons of our warfare are not carnal but spiritual
Spiritual Government then it would be considered what the spiritual Government is and in what points it doth chiefly remain I find sayes he in the Gospels that when Christ gave to St. Peter the Supreme Government of the Church he said to him Tibi dabo claves Regni coelorum c. That is I will give thee the keyes of the Kingdom of Heaven and whatsoever thou shalt bind on Earth c. Now if you mean to give to the Queen that Authority which our Lord gave to St. Peter if you will say Nos tibi dabimus claves Regni coelorum c. We will give to your Majesty the keyes of the Kingdom of Heaven I pray you shew your Commission by which you are authorised to make such a Gift Again for the same purpose Our Lord said to St. Peter Pasce c. Pasce c. Pasce c. Feed my sheep Feed my sheep Feed my lambs As likewise Tu aliquando conversus confirma fratres When thou art converted confirm thy Brethren Now if you mean to say so much to the Queen let us see your Commission and withall consider whether her person being a Woman be in a capacity to receive and execute such an Authority since St. Paul forbids a Woman to teach in the Church Thus argued the said Lord Chancelour proceeding in the same manner upon other branches of spirituall Government and concludes That without a mature consideration of all these premises their honours shall never be able to shew their faces before their Enemies in this matter 23. But notwithstanding all this the Lords c. proceeded to frame an Act without any distinct explication whether it was a Temporal or Spirituall Authority which they gave the Queen Or rather they framed it with such clauses as that the most obvious sence of it imported that it was an Authority purely spiritual that they invested her withall and most certain it is that if she had executed such an Authority she might have justified her so doing by that Act. 24. However after that Parliament was ended but before the first year of her Raign was expired such considerations as the Lord Chancelour had formerly in vain represented had so great an influence upon the Queen that she was obliged by an Admonition prefixed to her Injunctions to declare that which the Parliament would not that it was not her intent by vertue of that Act to challenge Authority and power of Ministry of Divine Offices in the Church but only to have Soveraignty and rule over all manner of persons born within her Realmes of what State either Ecclesiastical or Temporall soever they be Which explication of hers was confirmed four years after by Parliament yet without changing the foregoing Act or any clauses in it 25. And consequently she left ordering of matters purely Spiritual to Bishops c. Expresly renouncing it For as for the power of Excommunication having again taken it from the Pope she did not fear it from any of her Bishops 26. In the times succeeding after her what qualifications were made and declared by three Kings touching spiritual Jurisdiction shall be shewed afterward They had not any such interests nor such fears as the three foregoing Princes had and therefore look'd with a more indifferent eye upon the matter Without repealing lawes or changing the Exteriour Forme of the oath of Supremacy they esteemed it sufficient to qualifie it by moderate interpretations as shall be shewed 27. As for the other Oath of Allegiance the compiler whereof was King James the most sad and horrible occasion of it is but too well known the intention of it is obvious and the sence plain So that it did not stand in need of such a Multiplicity of Acts of Parliament with many clauses to shew the extention of it Excepting one party scarce any except against it and were it not for some few incommodious expressions and phrases nothing pertaining to the substance and design of the Oath it would freely and generally be admitted and taken notwithstanding the foresaid parties condemning it who take that advantage to decry the substance of the Oath from which they have an aversion in as much as Fidelity is promised thereby SECT V. That the Oath of Supremacy as it lies and according to the sence of the first Law giver cannot lawfully and sincerely be taken by any Christian. 28. IT is a truth from the beginning acknowledged by the Fathers of the Church that all Kings are truly Supream Governours over the persons of all their Subjects and in all causes even Ecâ—lesiastical wherein their civil authority is mixed Constitutions of Synods however they may oblige in conscience and be imposed under spirituall censures yet are not lawes in any Kingdom that is they they are not commanded nor the transgression of them punishable in external Courts by outward punishments as Attachments Imprisonment c. further then supream Civil Governours do allow 29. This is a right due to all Kings though Heathens Hereticks c So that Kings by being converted to Christianity or Catholick Religion have not any new Jurisdiction added or their former enlarged thereby They do not thereby become Pastours of Souls but sheep of lawfull pastours And it is not a new Authority but a new duty that by their conversion accrews to them obliging them to promote true Religion by the exercise of their Civil Authority and Sword And subjects are bound to acknowledge and submit to this Authority of theirs that is not alwayes to do what Princes in Ecclesiasticall matters shall command but however not to resist in case their inward Beliefs be contrary to theirs but patiently to suffer whatsoever violence shall be offerâ—d them 30. Such a submission therefore to Kingly authority may when just occasion is be lawfully required by Kings from all their Subjects yea a profession thereof by oaths But such an one was not the Oath of Supremacy when it was first contrived and imposed For there an authority in many causes purely spirituall was by our Princes challenged as hath been shewed Therefore if we consider that Oath as now imposed on Subjects infinitely differing from their Princes beliefe and Judgment both in Point of doctrine and discipline it is not imaginable how it can be taken in such a sense as was first meant by any congregations no not even by that which is of the Kings own Religion 31. The Oath consists of two parts one Affirmative and the other Negative The Affirmative clause obliges all the Kings Subjects though never so much differing in their beliefs to swear an acknowledgment that the King is the only supreme Head and Governour of his Realme as well in all Spiritual or Ecclesiastical things or causes as Temporal And the Negative to deny that any forraign Prince Prelate c. hath or ought to have any Jurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realme and to renounce all such 32. These two Recognitions if the
spiritual matters Whereas in England whensoever any such briefs are published at Rome although upon information of one interessed party there being no setled correspondence of pastours to whom they ought in common to be directed by them communicated to their respective flocks not only the consciences of particular Catholicks are disquieted whilst some of their directours press the validity of them others reclaim but the State also not causelesly entertains jealousies suspicious of secret practises not being at all or not sufficiently informed All which inconveniences by such a Government would be easily avoyded 4. Lastly by this means Catholicks would be enabled to receive from his Majesty any orders that may be for his service and effectually put them in execution 126. It is well known what important advantage the Prince of Orange and the States of Holland received from the Catholick Bishop there during the seditions between the Arminians and Calvinists The Prince doubting the success of those contentions to strengthen his party sent two or three persons of condition to the Bishop usually residing at Amsterdam to propose to him these two demands Fiâ—st to whether of the two Factions the Catholicks had an inclination to adhere Next what assistance of forces they were able to bring The Bishop being then absent they were to this effect answered by his Vicarius in spiritualibus As to the first That without studying or consulting with his brethren he could immediately assure his Excellency that he being the prime person trusted by the States with all their forces the Religion and consciences of all Catholicks obliged them to offer their Estates and lives for his service and assistance But that he could not give an answer to the second demand till two sundayes were passed in the one of which he was to publish orders for enquiry into their numbers and in the other to receive information And in effect accordingly after the second Sunday he gave them assurance of the readiness of above ten thousand well appointed Soldiers out of that one City This hapned in Holland where Catholicks though proportionably far exceeding us here in numbers yet never gave any jealousies to the State and the less because of their good correspondence among themselves 127. Such and many other great commodities flâ—wing from such a Government it is no wonder that besides the formentioned party there should be found out of the Church also many that have and no doubt will endeavour to oppose it especially their embitterd Enemies the Presbyterians partly out of the hatred which they bear to the very name of lawfull pastours which they want and will not have but principally least Catholicks thereby should be in a better capacity to serve his sacred Majesty and his faithfull Subjects after a manner that they do not desire and this not only by sacrificing their Estates and persons to the maintaining of his power and safety but also by gaining to himself and the State both civil and Ecclesiastical here a great affection and readiness of an assistance from Catholick Kingdomes when it shall appear that in England the scandal of disloyalty which heretofore was cast upon Catholick religion in general shall be taken away 128. These things considered and moreover that the Presbyterians c. implacable adversaries to Protâ—stant Religion and Government as well as Catholick have great intelligence and correspondence abroad upon that account and for the mere interest of their Religion which Protestants hitherto are utterly destitute of it would be strange if there should still remain any one among them after so long experience of the ready concurrence of Catholicks with them in adhering to his Majesty and suffering with them for him who should not now at last have spent all their aversion from them noâ—e being more interested then they to make use of all lawful means to enable his Majesty now more then ever to oppose all future practices 129. It hath been an objection formerly against this That the promâ—ses made by Catholick Ecclesiasticks of Canonical Obedienâ—e to their supreme pastour in their ordinations are dangerous to the State But alas how groundless is such a fear For this ground being once laid and assented to that no forraign power whatsoever hath any right to dispose of temporals in these Kingdomes what shew of prejudice to any Mans loyalty is the promise of Canonical Obedience in mere spiritual matters Do not all Ministers in England owe and promise Canonical obedience to their Bishops and Presbyterians to their Consistories which yet in merè spiritualibus they will not allow to be subject to the King but only and immediately to our Lord Besides all manner of such submissions and Obligations are every where meant and understood and if need be may be expressed with a Salvâ Obedientiâ Regi debitâ What apprehension have the Kings of France Spain or the State of Venice from such promises And yet were ever any Princes more scrupulous in defending their temporal superiority and authority against the power by some flatterers ascribed to the Pope then the King of France and the State of Venice are Nay they would not be so secure of their pastours loyalty if they should suspect them to be regardless of their duty to the Church which indispensably obliges them to loyalty SECT X. Of his Majesties Declaration for liberty of tender consciences And who they are that have the justest pretentions to the benefit of it 130. BY What hath been hitherto said it is apparent that the words phrases and Formes of these Oathes are at least ambiguous and that by such ambiguity no manner of convenience not the least addition of security accrews unto his sacred Majesty or the State c. but on the otherside infinite prejudice to his afflicted Subjects What then can be more just more for Gods honour more becoming the benignity of his Majesty and more for the reputation of the Kingdom then that such ambiguous expressions suggested no doubt by some particular malignant spirits should be cleared or taken away and that Oathes should be conceived in such a form that they may be taken uniformly sincerely and cordially by all good subjects and must be refused by all ill Subjects and withal that our Princes safety and the peace of the Kingdom may be provided for by them 131. Besides the ambiguity there seems now to be another Motive more pressing though none can be more weighty to perswade a change in the Formes of the Oathes and that is this When the Oathes were made the intention of the State was to have one only Religion openly permitted in the Kingdom and then the Catholick was that which appeared opposite to it as having been formerly the only Religion of the kingdom and for this reason consequently the Oathes were framed either upon a jealousy of a doubtful title or at least against some special point about the Popes Authority which one party among Catholicks falsely pretended to be essential
the only supream Governour of this Realme and of all other his Highnesse Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as Temporall And that no Forreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Pre-eminence or Authority Ecclesiastical or Spirituall within this Realme And therefore I do utterly renounce and forsake all forraign Iurisdictions Powers Superiorities and Authorities And doe promise that from henceforth I shall bear faith and true Allegiance to the Kings Highness his heirs and lawful Successours and to my power shall assist and defend all Iurisdictions Priviledges Pre-eminencies and Authorities granted or belonging to the Kings Highness his hâ—irs and Successours or united and annexed to the imperial Crown of this Realme So help me God and by the Contents of this book 11. The tenor of the Oath of Allegiance is this viz. I A. B. do truely and sincerely acknowledge professe testify and declare in my conscience before God and the World that our Soveraign Lord King CHARLES is lawful and rightful King of this Realme and of all other his Majesties Dominions and Countries and that the Pope neither of himself nor by any authority of the Church or Sèe of Rome or by any other means with any other hath any Power or Authority to depose the King or to dispose any of his Majesties Kingdomes or Dominions or to authorise any forreign Prince to invade or annoy him or his Countries or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty or to give licence or leave to any of them to bear Armes to raise tumults or to offer any violence or hurt to his Majesties Royal Person State or Government or to any of his Majesties Subjects within his Majesties Dominions Also I do swear from my heart that notwithstanding any Declaration or sâ—ntence of Excommunication or Deâ—rivation made or granted or to be made or granted by the Pope or his Successours or by any Authority derived or pretended to be derived from him or his Sèe against the said King his Heirs or Successours or any Absolution of the said Subjects from their Obedience I will hear faith and true Allegiance to his Majesty his Hâ—irs and Successours and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shal be made against his or their Persons their Crown or dignity by reason or Colour of any such sentence or declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesties Heirs and Successours all Treasons and Traiterous conspiracies which I shall know or hear of to be against him or any of them And I do further swear that I from my heart abhorr 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 do believe and in my conscience am resolved that neither the Pope nor any person whatsoever hath Power to absolve me of this oath or any part thereof which I acknowledge by good and full authority to be lawfully ministred unto me And do renounce all Pardons and dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to these expresse words by me spoken and according to the plain and common sense and understanding of the same words without any equivocation or mental evasion or secret reservation whatsoever And I do make this recognition and acknowledgment heartily willingly and truly upon the true faith of a Christian So help me God 12. These are the formes of the two Oathes Both which if they be understood according to the proper and natural sence of the words import that there being only two kinds of Jurisdictions viz. Spirituall and Temporal both which are named here the King within his Dominions is equally the Fountain and Root of them both So that whosoever exercises any office or Magistracy either in the State or the Church does it and must acknowledge so much meerly by communication from the King or a participation of so much of his power as he is pleased to impart Upon which grounds it will follow not only that no forraign Prince Prelate c No Assembly or Councel of Bishops though never so Oecumonical hath right to any superiority or Jurisdiction within these Kingdomes but also that whatsoever any Bishop or Priest in the Kingdom c. acts in matters duties purely Spiritual as conferring Orders Ecclesiastical inflicting censures administring Sacraments c. they do all this with a direct subordination to the King as his Delegates or Substitutes insomuch as if he pleases he may himself exercise all those functions personally and may according to his pleasure suspend the execution of them in all others 13. All this plainly seems to be the true importance of the Oathes neither will any Stranger or dis-interessed person reading them frame to his mind any other meaning of them though certain it is that our four last Princes have not intended that all that took them should accowledge all this that is imported by them Neither is there at this day any Church or Assembly of Christians nor perhaps any person unlesse it be the Authour of Leviathan that taking these Oathes will or can without contradicting his belief mean all that the formes and clauses of them do directly properly and Grammatically signify as shall be Demonstrated SECT IV. Reflections upon these two Oathes in grosse 14. IT well deserves to be considered what was the occasion of framing this Oath of Supremacy by K. Henry the eighth and what power he received or at least executed by vertue of such Acts of Parliament as enjoyned the taking of it c. 15. The Title of Supream head and Governour of the Church of England was first given to King Henry the eight in a Petition addressed unto him by the Bishops obnoxious to a Praemunire for having submitted to Cardinal Wolsey's Legantine power without the Kings assent Now how far this new Ecclesiastical power of the King was intended to extend will appear by following Acts of Parliaments and by the Kings own proceedings in vertue thereof 13. It was enacted by Parliament 1. that no Canons or Constitutions could be made by the Bishops c. and by them promulgated or executed without the Kings command 2. Yea the Clergy were forced to give up also their power of executing any old Canons of the Church without the Kings consent had before 3. All former Constitutions Provincial and Synodal though hitherto inforce by the authority of the whole Church at least Westerne were committed to the abitriment of the King of sixteen Lay persons and sixteen of the Clergy appointed by the King to be approved or rejected by them according as they conceived them consistent with
with the Titles of impious seditious infamous to Popes ruinous to States c. 96. Yea moreover within these six Moneths a certain Priest of the Hermitage of Caen called Fossart a known Emissary of that society having in his publick acts for a degree in that University advanced this proposition That the Pope has a Soveraign Authority in Temporals as well as Spirituals and that he has power to depose and constitute Kings though to evade a censure he Interpreted his Assertion saying that he understood that power of the Pope to extend only to Tyrants notwithstanding by a Decree of the whole faculty of that University both his proposition and exposition of it was censured to be impious pernicious seditious and in all regards to be detested and as such it was by them condemned And the same Fossart being after this imprisoned was sentenced by the presidial Court of Justice in Caen publickly and bare-headed to acknowledge that the said propositions were false contrary to the holy Decrees of Councels to the fundamental lawes of that Kingdom and to the liberties and rights of the Gallican Church 97. Such is the judgment of the Ecclesiasticks and State of France of this Article of Faith from which was issued rivers of blood during the Ligue there As zealous against the Temporall power of Popes has the State of Venice shewed it self And if other Catholick Kingdomes have not done the like it is because they have not had such dismal occasions and provocations to declare their minds In Spain indeed the Schools are connived at to preserve it from extinguishing because by its assistance a great part of Navarre has been annexed to that crown and some hopes of England too gave it credit there But yet when the Court of Rome would interpose in temporal matters there without the Kings liking he is as boldly resisted as in any other Catholick Kingdome besides 98. And as for the Church and State of England I mean even in former times when Catholick Religion most flourished here and when Church-Men had the greatest power what sign can be shewed that the foresaid Decree and the new article of Faith was admitted either in Parliaments or Synods Yea so far were they from acknowledging the Popes deposing power or Supremacy in Temporals that Statutes were then made and the penalty no less then a Praemunire against any that without the Kings licence should make any Appeals to Rome Or submit to a Legats Jurisdiction Or upon the Popes Summons go out of the Kingdom or receive any Mandats or Briefs from Rome Or sue in a forrain Realm for any thing for which the Kings Courts took Cognisance Or for impeaching a judgment given in the Kings Courts Or for purchasing Bulls from Rome for presentments to Churches anâ—iently sued for in the Kings Courts in the time of all his Progenitors And it is very observable that in the Act where the last Ordinances were made we find this expression To this all the Bishops present and all the procuratours of the absent unanimously assented protesting against the Popes translating some Bishops out of the Realm and from one Bishoprick to another And moreover the ground of their rejecting the Popes usurpations in temporal matters is there thus expressed For that the Crown of England is free and hath been free from earthly subjection at all times being immediately subject to God in all things touching the Regalities of the same and not subject to the Pope 99. All these lawes and many other of the like kind all the Kings Catholick Subjects knew and willingly submitted to without any prejudice to their beliefe that the Pope was the supreme pastour of Gods Church in spiritualibus And all these Lawes are still in force and the penalty of them no less then a premuniâ—e Our De-fide-men are not much concern'd in all this but sure persons of honour and loyalty and such as have Estates in the Kingdom are very deeply interested 100. And now let any English Catholick judge what reception such a decree or Article of Faith would have had in England in those most Catholick times if they had been proposed Those that were so jealous of the least deminution of the Kings temporal power in matters of the smallest consequence and that imposed the greatest penalty but death upon transgressours that is upon all Factours for the gaining to the Court of Rome any illegal temporal Authority with what indignation would they have heard only the mentioning of the reception of such a Decree And yet those Lawes were made not long after that Councel had been assembled whereby it is apparent that they were ignorant of it Those that would not suffer the least flower of this imperial Crown to be ravished from it would they admit a power and forraign Jurisdiction to take the Crown it self from the Kings head and afterward the head it self from his Shoulders 101. It is true the teaching of such an Artiâ—le of faith brings very great temporal commodities to those few that have the cruelty to their Country to become the preachers and Apostles of it great favour and power they gain thereby abroad and therefore they will take it kindly at the hands of English Catholicks if for a mere Secular advantage of theirs they will be content to Sacrifice their own Estates Honours Families and lives as traytors to the lawâ—s and withall bring an unavoydable scandal to Catholick Religion besides But truly this is too dear a rate to be paid for such a commodity 102. A man would think that such Apostles should be content yea and by their own Doctâ—ine of probability should be obliged to grant this Doctrine of the Popes deposing power to be somewhat less then an Article of Faith The opposition of the whole State Ecclesiasticks of France against their single forces surely may be available to make it pass at least for a probable Opinion But this they must not allow because if it be not an Article of Faith unless infidelity to Princes be de fide it signifies juâ—t nothing neither can it have any effect at all For certainly no Law nor justice wil permit that an Authority only probable and therefore questionable can dispossess Kings of their right to a Supremacy in temporals in which they are actually instated So that such an Authority can only have force to dispossess Princes already dispossessed 103. However they would esteem themselves much bound to any other learned Catholicks among us if they would condescend to grant that it is only probable that it is a point of faith and decree of a General Councel But in vain will they expect such a compliance For by granting only so much it will necessarily follow 1. That all the so rigorous censures given of it by the Parliaments and Vniversities of France have been most temerarious and damnable For what can be more horrible then to call a Doctrine impious seditious detestable c. which probably is a
They are not carnal not externally coactive by attachments imprisonments banishments executions c. but far more powerful as being Spiritual binding and imprisoning in invisible chains banishing from the Communion of Saints delivering up to Satan c. It is a zeal to this Jurisdiction a Jurisdiction greater then any that the Angels injoy that forbids Catholicks to enervate it by adjoyning thereto with an opinion of making it stronger a carnal authority as knowing that Popes were never so powerful over mâ—ns souls as when they despised worldly advantages By hearkning to flattering Caâ—â—nists or Schoolmen who invested them with Temporal power Popes never gained any so much as temporal commodity to themselves but infinitely prejudiced their spiritual being often looked upon by Princes not as Fathers but as c. So that the Parliament of Paris in their censure did very justly say That such doctrines rendred the dignity of the Pope odious 137. This is that which Catholicks have been taught by Gods word by tradition by Counsels c. this they are ready with or without Oathes to professe and which God willing neither oathes nor lawes nor humane power shall force them to dâ—ny If this renders them obnoxious to the penalties of lawes as ill subjects yet it cannot make them ill subjects if this renders them disloyal subjects there is not a loyal subject in France Germany c. if humane tribunals condemn them God will in his time acquit them 138. In a word to demonstrate how little they deserve the imputation of being not most perfectly good Subjects Roman Catholicks are ready to subscribe to such a profession and oath of Loyalty as whosoever takes it will give all the security of Fidelity that honour conscience religion and the hope of eternal happinesse or fear of eternal damnation can lay upon a soul that is By Oath to protest not only an indispensable obedience and non-resistance in all things to his Majesty and his successours of what religion soever they be but also a firm perswasion or belief that it is absolutely unlawful upon any pretence or motive whatsoever either of ascribing to any other an undue power or even of defending religion for subjects actively and with armes or violence to oppose his Majesty By the same Oath they will oblige themselves to discover all secret plots or conspiracies against his Majesty or the State This Oath they will promise to keep inviolably from the obligation of whiâ—h no commands or perswasions of any person whatsover spiritual or temporal no private interpretations of Gods word no supposals of divine inspirations shall or ought to free them And lastly both in this and all other promises they will sincerely professe a detestation of the abominable doctrine of mental reservation and of the lawfulness of breaking faith given to Hereticks 139. If this will not serve to approve the loyalty of Roman Catholicks if there be no possibility of conjuring down the furious Calvinistical spiâ—it among us but that it must be suffered both in Protestant Churches to preach down Prelacy and Ecclesiastical Government and in the State to embitter lawes for their own advantage only to the prejudice both of Protestants and all other good subjects what will become of the reputation of the English Nation in forreign Countries It is too well known how strangely we are fallen of late in esteem abroad the dismal effects produced in this Kingdom by that ill spirit have been though unjustly imputed to the whole Kingdom English men have been looked upon as enemies both to God and their Kings as persons ready to admit any frenzies in religion the horriblest cruelties against their princes 140. But blessed be God his divine Providence hath wrought miracles to restore our reputation again which was almost forfeited All the world almost is now satisfied that the generality of Englishmen are the best Subjects in the world to the best of princes and therefore it is to be hoped that the Presbyterian spirit will not now that it is so well known be permitted to have that influence as to imprint again upon us this peculiar character That England is the only Nation in which pure religion is most pretended to and the way to make that challenge good is by the malignity of one faction to make the most sacred bonds of Religion snares and engins of unlawful passions where a just and peaceable Government is designed and the way to it is by unlawful however legal means to make peace impossible where oathes are framed against disloyalty which are ruinous only to good subjects and advantageous to the disloyal where loyalty and duty are only excluded from rewards or even INDEMNITY where lawes are made against crimes and the penalties of those lawes are insupportable only to those that are free and are known ever to have been free from any suspition of such crimes and are commodities and rewards only to the Nocent where persons of approved fidelity are condemned as traytors and both Jurors Witnesses Judges for the most part are Presbyterians very incompetent and unindifferent parties in such matters and especially against such accused persons Lastly where the only proof of tenderness of conscience is to sear their consciences and of no intention to disturb the publick peace is to take oathes with an intention yea an obligation in conscience to break them and openly to profess both by words and known practises that peace shall never be setled till the whole frame of the Kingdom both for Religion and government shall be first broken in pieces and then new moulded for their own only advantage And after all this if Rebellion and desolation follow we will wonder forsooth what demerit God can find in us to punish and how it could be possiblé that a desolation should happen in a Kingdom where piety justice and his sacred Majesties safety have been so well provided for 141. If among all Religions and Sects now swarming in this Kingdom there shall yet be any English Protestants that are still implacable against Catholicks only it will be more suitable to English dispositions which heretofore have been above all other Nations esteemed frank and sincere to discover their intentions clearly let them therefore say We will only destroy that Religion which all our forefathers professed which through all Christendom abounds most with learning civility and loyalty which gave to Protestancy our Baptisme Bishops Churches Estates and whatsoever affords us an advantageous appearance above all other Sects the professours of which only will assist us in the maintaining our priviledges against sacriledge and professed prophaness which will indispensably concur with us in preserving his Majesties person and prerogatives from the attempts and usurpations of all others these are the only persons we will destroy And because a publick promise is made of liberty to tender consciences we will annul or interpret it so as that only those shall have no right to it that dare not swear an ambiguous