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A59242 Reflexions upon the oathes of supremacy and allegiance by a Catholick gentleman, and obedient son of the church, and loyal subject of His Majesty. Sergeant, John, 1622-1707. 1661 (1661) Wing S2588; ESTC R33866 51,644 98

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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 h●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 s●ntence of Excommunication or De●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 H●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
and accordingly in many particulars practised it to the which several clauses also both in this and following Statutes seem as if they gave warrant yet the Parliament by the said Provizo laid a ground how they might in future and better times shew how they meant no such thing The words are these PROVIDED alwayes that this Act nor any thing or things therein contained shall be hereafter interpreted or expounded that your grace your Nobles and Subjects intend by the same to decline or vary from the Congregation of Christs Church in any things concerning the very Articles of the Catholick Faith of Christendom or in any other things declared by holy Scripture and the word of God necessary for your and their Salvation but only to make an ordinance by policies necessary and convenient to repress vice and for good conservation of this Realm in peace unity and tranquillity from rapine and spoil insuing much the old ancient customes of this Realm in that behalfe Not minding to seek for any reliefes succours or remedies for any worldly things and humane lawes in any case of necessity but within this Realm at the hands of your Highness your Heirs and Successors Kings of this Realm which have and ought to have an imperial power and authority in the same and not obliged in any worldly causes to any other Superiour By this Proviso never repealed the Parliaments Ordinance is declared to be meerly Political that the Kings Independence on forraign power is in worldly things and humane lawes he being in worldly causes not obliged to any other Superiour 50. Thus far of the sence in which both the most judicious among the English Protestants have declared and have been authorised to declare what power it is that by the Oath is deferred to the Kings of England and renounced to be in any forraign Prince or Prelate to wit a civil Political power wheresoever it can be exercised in any causes Ecclesiastical c. Against this there is not extant a contradictory Testimony of any one Protestant Writer So that the Protestant Subjects of England do intend and judging that they have unquestiónable grounds to judge this only to be the sence of the Oath in this sence only do they take it and require it to be taken by others SECT VII In what sence the Oathes of Supremacy and Allegiance seem to be taken by Presbyterians Independents c. 51. IT is a wonderfull Mystery how it should come to pass that our English Prebyterians c. should especially now of late with so much willingness and greediness themselves swallow these Oaths and so clamorously not without threatning urge the imposing them upon others Is it because the Oath of Supremacy has so peculiar a conformity to their principles and that of Allegiance to their practises or that they are so ready and pressing to disclaim and condemn all that themselves have done these last twenty years 52. First for ther Doctrinal principles I do not find that any of those Sects of late in England in peaceable times have publickly declared in what sence they allowed his Majesty to have a supreme Jurisdicton in causes Ecclesiastical or Spiritaul as to themselves But as to the oppression and destruction of poor Roman Catholicks they have alwayes shew'd too great a willingness to exalt the Kings Authority and to draw out and sharpen his sword far more then himself was willing I do not find that any of them have busied themselves as a world of Protestants and Catholicks have with making discourses upon the Oathes Their silence in this point wherein they are doubtless much concern'd one way or other is surely very argumentative 53. Who ever knew or heard to flow from the tongue or drop from the pen of a Presbyterian so Christian a positon as is sincerely avouched both by English Protestants and the generall body of Roman Catholicks viz. That even in case a Christian or Heathen Prince should make use of his civil power to persecute truth that power ought not upon any pretences to be actively resisted by violence or force of armes but though they cannot approve they must at least patiently suffer the effects of his misused Authority leaving the judgment to God only How unknown at least how unreceived such a Doctrine has hitherto been among their Brethren abroad will but too manifestly appear in a volume entitled Dangerous positions collected by Archbishop Bancroft out of severall books written by Calvinisticall preachers What judgment their patriarch Calvin made of King Henry the eighths new Title of the Head of the Church we have seen before And what an exception terrible to Princes the French Calvinistical Church hath made in their confession of Faith speaking of Obedience due to the supreme Magistrate appears at least every Sunday in all their hands in print Where they acknowledge such obedience due to them except the Law of God and religion be interested or to use their own expression mogennant que l'empire de Dieu demeure en son entire that is upon condition that Gods Soveraignty remain undiminished Which clause what it means their so many and so long convinced Rebellions do expound 54. And as for their practices in England and Scotland it were to be wished they could be forgotten especially all that has hapned the last twenty years And it may suffiice only in gross to take notice that the most efficacious Engin for begining the late war and engaging their party in the prosecution of it was a publick declaration that their design was to root out Popish Doctrines favoured by the King and Bishops to abolish publick Formes of Church-service and to destroy Episcopacy and Church Government root and branch which had been established in England by the universal authority of the whole Kingdom 55. These things considered is it not a great Mystery that such persons of such perswasions should be so zealous to take and impose generally either of these Oaths To think that they do knowingly directly and formally forswear themselves and force others to do so would be uncharitable Therefore an Evasion they have to secure themselves in their own opinions from perjury How little they deferr to Kings in their own Ecclesiastical matters and Government yea how they declare that none must be excepted from their consistories and Synodical Jurisdictions even externally coercive is evident both in Sco●land and elsewhere And it is observable that in the form of an Oath lately contrived in Scotland the word Ecclesiastical is studiously left out How comes it then to pass that they can in England swear that the King is supreme Head and Governour in all causes Ecclesiastical or spirituall Who can reconcile these things together in such a sence 56. Surely it will be extremely difficult if not impossible to imagine any colourable Evasion or pretext for cousening themselves except it be this That both the Oaths were made only against Roman Catholicks acknowledging the Pope to be supreme
clause appears by that expression SO AS which would be void of all sence if the meaning of it should be conceived to be That the Queen has the supream Regal authority so as no other hath a Pastorall authority no way prejudicial to the Regal and this sence is evidently confirm'd by the Act 50. Eliz. which gives this title to the Act 10. Eliz. That it is an Act by which there is restored to the Crown the Ancient Jurisdiction over the State Ecclesiastical and Spiritual and an abolishing of all forraign power repugnant to the same not simply all forraign power but only that which would diminish her regal power For how ridiculous would it be to declare a power challenged and another power renounced that has no repugnancy to it and renounced with the words So as 46. Moreover in the said Admonition there are other matters worthy to be well observed For first by making and with authority publishing that Admonition and injunctions she expresly assumes as her right a power to interpret Oaths and Acts of Parliament Which if she may do so doubtless may her Successors Secondly besides this she gives power to any one that takes the Oath in taking it to signifie that he accepts it with the said meaning for sayes she If any person that hath conceived any other sence of the Form of the said Oath shall accept the same Oath with this interpretation sence or meaning her Majesty is well pleased to accept every such in that behalfe as her good and Obedient Subject and shall acquit them of all manner of penalties contained in the said Act against such as shall peremptorily or obstinately refuse to take the same Oath Thirdly that this her interpretation and addition is moreover established by a following Act of Parliament which sayes That it is to be taken and expounded in this Forme Lastly that the Oath it self is by the Queen in her admonition said to be an oath prescribed to be required of divers persons for the recognition of their Allegiance to her Which shews it concern'd not Beliefe but duty only in maintaining her supream civill Authority 47. Next in King James his daies what was conceived to be the power challenged by our Kings in vertue of that Oath will easily appear by a notable passage in his Premonition to all Christian Monarchs in which his intention is to convince as he saith those Roman Libellers of Wilful malice who impudently affirm that the Oath of Allegiance was devised for deceiving and intrapping of Papists in points of Conscience Now speaking thus surely he would not it should be believed that his meaning was by continuing to urge the Oath of Supremacy likewise to deceive and intrap his poor Subjects in points of Conscience From which unworthy intention how averse he was that is how far from assuming to himself or even denying to the Pope a Jurisdiction purely spiritual the following words will testify The truth is saith he that the lower house of parliament at the first framing of that Oath made it to contain that the Pope had no power to excommunicate me which I caused them to reforme only making it to conclude That no excommunication of the Popes can warrant my Subjects to practise against my person or State denying the deposition of Kings to be in the Popes lawful power as indeed I take any such Temporal violence to be far without the limits of such a spiritual Censure as excommunication And Suarez and Becanus c. go further affirming that by Excommunication not any Temporal right or Power is taken away or diminished So careful was I saith he that nothing should be contained in this Oath except the profession of natural Allegiance and Civil and Temporal obedience with a promise to resist to all contrary uncivil violence And presently after he adds That the occasion of the Oath was ordained only for making of a true distinction between Papists of quiet disposition and in all other things good Subjects and such other Papists as in their hearts maintained the like violent bloody Maximes that the powder-traitours did Nay moreover touching the patriarchal Jurisdiction he saith For my self if that were the quèstion I would with all my heart give my consent that the Bishops of Rome should have the first seat I being a Western King would go with the Patriarch of the west And how far he was from challenging spiritual Jurisdiction he shewed by his constant committing such affairs to his Clergy only adding his regall Authority for the execution of their Ordinances but more publickly and validly by a new confirming and causing to be published by his authority the Articles of the English Clergy among which is the 37th We do not give our Kings either the administration of Gods word or Sacraments which the injunctions published lately by Queen Elizabeth do most evidently daclare But only that prerogative which we see to have been alwayes attributed to all godly Princes by himself in holy Scriptures that is To preserve or contain all Estates and orders committed to their trust by God whether they be Ecclesiastical or civil in their duties and restrain contumacious offenders with the civil sword 48 This one Article not only publickly acknowledged by all English Protestants but a subsciption thereto enacted from Ecclesiasticks and those that take degrees in the Vniversities and withall by Act of Parliament enjoyned to be read by all Beneficed Ministers within two moneths after their induction this one Article I say so confirmed may alone suffice to demonstrate evidently and distinctly that it is only a civil Jurisdiction that the Kings of England challenge in Ecclesiasticall matters and not at all an authority purely spiritual or Pastoral They are as all other Christian Princes have ever been acknowledged custodes utriusque Tabuloe They ought to see and provide that all their Subjects do their duty both to God and Man Wherein that duty consists which concernes the Divine worship they are to learn from the Church and at their peril it is if they be misdirected by a false Church but however thus far their just power extends which must be submitted to either by obeying or suffering As long therefore as this Article is in force in England there will be no need of searching into the senses or interpretations of following Kings say Protestants yet if we should do this it is well known that our late Soveraign and his Majesty now raigning besides many expressions vivae vocis oraculo have been rather more carefull then King James not to interpose themselves in functions purely spirituall 49. This Section shall be concluded with setting down a notable Provizo extant in that very Statute in which the Popes Jurisdiction was most prejudiced and the greatest Authority in Ecclesiasticall matters confer'd upon King Henry the eighth The which Provizo is so cautelously framed that though King Henry esteemed himself to have gained a Jurisdiction purely spirituall