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
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
or repugnant to the Kings Prerogative as now a new head of the Church or to the laws of God By which means without one single voice of the Clergy all former Ecclesiasticall Lawes might be abrogated 4. An authority was allowed to the King to represse and correct all such errours Heresies abuses and enormities whatsoever they were which by any manner of spirituall Jurisdiction might lawfully be repressed c. any forreign Lawes or any thing to the Contrary notwithstanding 5. All manner of Jurisdiction Ecclesiasticall was by Parliament ackowledged to belong to the King as Head of the Church So that no Bishop had any Ecclesiastical Jurisdiction but by under and from the King 6. Supreme Power of dispensing with any Ecclesiastical Constitutions is ascribed to the King and Parliament as recognised Supreme Head of the Church and the Archbishop is made only the Kings Delegate So that in case he should refuse two other Bishops might be named to grant such Dispensations And after all the King and his court of Chancery are made the last Judge what things in such Dispensations are repugnant to Scriptures what not 7. Though the King did not personally himself exercise the power of the Keys yet this right he claimed that no Clergy man being a member of the English Church should exercise it in his Dominions in any cause or over any person without the leave and appointment of him the Supreme head Nor any refuse to exercise it whensoever he should require 8. It was moreover enacted that no speaking doing or holding against any spiritual Lawes made by the See of Rome which be repugnant to the Lawes of the Realme should be deemed heresies As also that whosoever should teach contrary to the determinations which since the year 1540 were or afterwards should be set forth by the King should be deemed and treated as a Heretick So that the King and Parliament are hereby constituted Judges of Heresy 9. In the dayes of King Edward the sixt an Act is made in which the King and Parliament Authorise Bishops c. by vertue of their Act to take informations concerning the not useing the Forme of Common Prayer then prescribed and to punish the same by Excommunication c. 10. There were also appointed six Prelates and six others nominated by the King by the same authority to frame a new forme of Consecration of Bishops c. 17. Hereby it is apparent that a Jurisdiction purely Spiritual was communicated to or assumed by King Henry the eighth this he further shewed by many practises For besides Jurisdiction as if he had the Key of divine knowledge given him by Christ he set forth Books of instructions in Catholick doctrine by his own authority declaring them hereticks that taught otherwise The labour indeed and we may say drudgery of composing those books as also of executing other spiritual functions was left either wholly or in part to the Clergy but when they had done he perused them and and made what additions and alterations he pleased in them and without remanding them to the Bishops caused them to be printed The Book with his Interlinings and Changes is still ex-tant 18. Indeed it was only spiritual Jurisdiction that he by his new Title of Head of the Church sought to deprive the Pope of for he feared not his pretended temporal Power which in those dayes the world was little troubled withal For he stood in need of a power to justify his Divorce and to dispense with the horrible Sacriledge designed by him He was unwilling to be looked on by his Subjects as a Heathen and a Publican and therefore to prevent this danger he devested the Pope and assumed to himself the power of Excommunication also that is not the execution of it but the disposing of of it by Delegation to the Arch-bishop who should execute it according to his will and directions only 19. A further irrefragable proofe that it was a power purely Spiritual which that King challenged by his new Title is taken from the Declaration of Stephen Gardiner Bishop of Winchester the contriver of the Oath as we find it recorded by Calvin himself For saith he when Stephen Gardiner was upon the Kings affairs at Ratisbon he there taking occasion to expound the meaning of that Title of Supream head of the English Church given to King Henry the eighth taught that the King had such a power that he might appoint and prescribe new Ordinances of the Church even matters concerning Faith and Doctrine and abolish old As tamely that the King might forbid the marriage of Priests and might take away the use of the Chalice in the Sacrament of the Lords Supper and in such things might appoint what he lâ—ft A Title thus interpreted the same Calvin vehemently inveighs against calling Gardiner and worthily an impestour and Archbishop Cranmer with his fellowes inconsiderate persons who make Kings too spirituall as if beside theirs there were no Ecclesiasticall Government and Jurisdiction 20. As for his Son King Edward the sixth the same Title with the plenitude of power was given him which he likewise as very a child as he was executed for he by his Authority made Ecclesiastical Lawes to be new reformed Church service and Administration of Sacraments to be changed and new Instructions in matter of Religion to be published quite contrary to what the foregoing Head though his Father had decreed to be Christian Doctrine And the reason was the same because new Sacriledge was to be committed by the Protectour for which he was loath to be excommunicated 21. His elder sister succeeding repealed and renounced this Jurisdiction and restored it to the Church But her younger sister repealed her repealings and took it again when it was in as high language yea higher confer'd on her by Parliament And there was a greater necessity for it than her Brother had For her Mothers Marriage was declared Null by the Pope and consequently her right to the Crown 22. And that this was the design intention of the Parliament in the first year of her Raign when they renewed the Title of her Supremacy in Church matters though they blushed to call a Woman Head of the Church may sufficiently be collected from a Speech yet extant and made in that Parliament upon that occasion by the then Lord Chancelour Nicholas Heath For arguing very strongly against the said Title and the Authority imported by it he takes it for granted that by giving the Queen such a Title they must forsake and fly from the Sea of Rome the inconveniencies of which he desires may be better considered In the next place he recommends to their Advice what this Supremacy is For sayes he if it consist in Temporal Government what further Authority can this House give her then she hath already by right of Inheritance and by the appointment of God without their Gift c. But if the Supremacy doth consist in
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
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
c. This learned and judicious writer thus at once states the point in both these respects My last ground sayes he is That neither King Henry the eighth nor any of his Legislators did ever endeavour to deprive the Bishop of Rome of the power of the keyes or any part thereof Either the key of order or the key of Jurisdiction I mean Jurisdiction purely spirituall which hath place only in the inner Court of Conscience and over such persons as submit willingly Nor did ever challenge or endeavour to assume to themselves either the key of order or the key of Jurisdiction purely spiritual All which they deprived the Pope of all which they assumed to themselves was the external Regiment of the Church by coactive power to be exercised by persons capable of the respective Branches of it This power the Bishops of Rome never had or could have justly over their Subjects but under them whose Subjects they were And therefore when we meet with these words or the like That no forraign prelate shall exercise any manner of power Jurisdiction c. Ecclesiastical within this Realm it is not to be understood of internal or purely spiritual power in the Court of Conscience or the power of the keyes VVe see the contrary practised every day but of external and Coactive power in Ecclesiasticall causes in Foro contentioso And that it is and might to be so understood I prove clearly by it Proviso in one main Act of Parliament and an Article of the English Church Which act article shall be produced afterward The Bishop continues They that is the Parliament profess their ordinance is meerly Political What hath a Political Ordinance with power purely spiritual They seek only to preserve the Kingdom from rapine c. And then having produced the Article he concludes You see the power is political the sword is political all is Political Our Kings leave the power of the keyes and Jurisdiction purely spiritual to those to whom Christ hath left it Nothing can be more express then this so clear a testimony of so judicious a Bishop touching the Kings supremacy in matters Ecclesiasticall acknowledged by Oath Only we must be excused if we assent not to what he affirms touching King Henry the Eighth his not assuming spiritual Jurisdiction 42. Again the same Bishop thus further adds Wheresoever our Lawes do deny all spirituall Jurisdiction to the Pope in England it is in that sence that we call the exteriour Court of the Church the spirituall Court They do not intend at all to deprive him of the power of the keyes or of any spiritual power that was bequeathed him by Christ or by his Apostles when he is able to prove his Legacy To conclude omitting a world of other passages to the same effect he saith We have not renounced the substance of the Papacy except the substance of the Papacy do consist in coactive power 43. Moreover to warrant these explications of three so eminent men of the Protestant Church who write expresly upon the Subject may be added testimonies yet more authentick and irrefragable of our Princes themselves who are to be esteemed unquestionably authoritative interpreters of their own lawes at least in these cases as afore was observed and besides those the publick Articles of the English Clergy yea the Statutes of Parliaments also 44. In an Act of Parliament made in the fifth year of Queen Elizabeths Raign there is an interpretation of the Oath of Supremacy in an express Proviso That the Oath of Supremacy shall be taken and expounded in such forme as is set forth in an Admonition annexed to the Queens Injunctions published in the first year of her Raign The which Admonition was made to take away a scruple raised by some as if the Queen had usurped a Jurisdiction purely spirituall which she renounces professing first that by vertue of that Oath no other Authority is to be acknowledged then what was challenged and lately used by King Henry the eighth and King Edward the sixth This clause is not to be supposed to be any part of the interpretation of the Oath but it is only intended to signifie that this is no new invented usurpation of a Title but that the same had been allowed to those two Kings before her and the same Authority saith she is and was of ancient time due to the imperial crown of this Realm Neither doth she say that she challenges all that those two Kings did as in effect it is apparent she did not but that what she requires had been formerly granted to them And it is evident that if her meaning had been that the Oath should be taken according to that enormous latitude of power allowed and exercised by them such a way of indefinite explication would have been far more burdensome and entangling to conscices then before For that would signifie that all that swear should be obliged to inform themselves in all the clauses of acts of Parliament made by those two Kings and in all the actions performed by them or else they will swear they know not what Her explication therefore is set down clearly and distinctly in the following words by which she declares what that authority is which she challenges and which must be acknowledge in taking the Oath Viz. That is the Queen under God to have the Soveraignty and rule over all manner of persons born within these Realms Dominions and Countries of what Estate either Ecclesiastical or Temporal soever they be so as no other forraign power shall or ought to have any superiority over them 45. This clause according to the Queens interpretation confirm'd by act of Parliament contains the true sence of the Oath so that if this clause can be sworn to that is all that is signified in the form of the Oath say Protestants Now that by this Clause only civil power over all persons Ecclesiasticall is challenged appears by a wrong interpretation of the Oath which she complains to have been spred abroad Viz. as if by the words of the said Oath it may be collected that the Kings and Queens of this Realm possessours of the crown may challenge authority and power of Ministry of Divine offices in the Church She renounces all medling with any Offices purely Ecclesiasticall in the Church as also Doctor Bilson by her authority declares in the forecited words she pretends not to administer Sacraments conferr Orders inflict Ecclesiastical censures determine controversies of faith c. But she challenges a supream civil Authority over all those that have right to exercise those Offices as being her Subjects as well as the Laity And this Jurisdiction she will have acknowledged so to be her peculiar Right as that no forraign power shall or ought to have any superiority over them that is no part of this Regal power whatsoever spiritual Jurisdiction which she medles not withall they may challenge That this is the true sence of this
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
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
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