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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
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 ●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 whi●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 pa●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 B●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
REFLEXIONS UPON THE OATHES OF SUPREMACY AND ALLEGIANCE BY A Catholick Gentleman an Obedient Son of the Church and Loyal Subject of his Majesty Printed in the Year MDCLXI ERRATA PAge 15. line 7. fet read set l. 15. dele and p. 22. l. 25. excepting r. not excepting p. 25. l. 8. Christian r. Christians p. 26. l. 24. Auihority r. Authority p. 33. l. 6. r. in the marg ib. p. 13 p. 41. l. 18. ther r. their p. 42. l. 31. mogannant r. moyenant l. 32. entire r. entier p. 47. l. 2. Scots r. Sects p. 57. l. 19. invention r. intention p. 58. l. 32. the useselsesse r. uselessnesse p. 61. l. 18. Charter r. Character p. 62. l. 10. at r. an p. 65. l. 7. permitted to the people to be taught r. permitted to be taught to the people p. 73. l. 6. fiers Estate r. Tiers Estat l. 7. they are r. there are l. 21. to Article r. to be an Article REFLEXIONS UPON THE OATHES OF Supremacy and Allegiance SECT I. The Occasion of making these Reflexions And the summe of that which follows THe Divine Providence having been so watchful over His Most Sacred Majesty in his wonderful preservation from dangers and so miraculous in restoring him to his Throne just and necessary it is that both Himself and his Counsel should make use of all lawful means to preserve him in safety and his Subjects in Obedience and Peace And because a greater obligation cannot be imagined among Christians then a Solemn Oath it became them to make use of that Obligation indifferently to all the which in all probability would now at last have a greater effect by vertue of his Majesties Declaration of a Liberty to tender consciences and that no Man shall be disquieted or call'd in question for differences of Opinion in matter of Religion which do not disturbe the Peace of the Kingdom by which is taken away the chief cause which began and fomented the late Troubles and confusion 2. Notwithstanding seeing that the manner of the application of that Preservatory and remedy of an Oath hath lately occasioned great Disputes and unquietness of minds in several persons and seeing the Oath by none more readily taken and earnestly imposed on others then by those who began the War and promoted the Covenant and of whose party not one was ever found that drew a sword for his Majesty and on the other side by none more scrupled at or refused then by those who alwayes assisted the King and of whose party never any one drew a Sword against him and withall of whose Loyalty his Majesty hath oft professed that he hath sufficient assurance The consideration of all this begat in my mind an Opinion that surely there lay hidden in these Oaths some Mystery fit to be discovered and which is attempted in the following Reflexions 3. In which 1. After a brief Declaration of the Nature of a solemn Oath how high a point of Gods worship it is and what Reverence and caution is to be used in it 2. And after the setting down the Formes of the two Oaths at this time imposed 3. There follow Reflexions upon the said Oaths in gross shewing the occasion of the making of them c. 4. After which it is demonstrated that the Oath of Supremacy as it lyes and according to the sence of the first Lawgiver cannot lawfully or sincerely be taken by any Christian. 5. Then is declared in how different a sence the two Oaths are taken by Protestants 6. And by Presbyterians Independents c. 7. And upon what grounds Roman-Catholicks do generally refuse to take the Oath of Supremacy 8. And some of them make scruple to take that of Allegiance 9. Lastly there are short Reflexions on his Majesties Gracious Declaration for tender consciences shewing who have the justest pretentions to the benefit of it c. 4. All this is offered to the consideration of all good Christians among us to the end Advice may be taken whether it be for Gods honour or the Kingdoms peace that such Formes of Oaths so manifestly ambiguous so inefficacious to the producing of Loyalty and Peace in the generality of the Kings Subjects so piercing and wounding to tender Consciences c. should be continued to be imposed or new Formes more effectuall for his Majesties security contrived after the Example of Scotland c. SECT II. Touching Oaths in General 5. AN Oath by which God is invoked as a witness Surety and caution of whatsoever we affirm renounce and promise and a Revenger upon us if we transgress in any of these is certainly an high Act of Religion but such an one as that like Medicines it ought not to be used except in cases of just necessity and then with great advice and sincerity 6. The conditions therefore required by God himself in an Oath are expressed in this saying of the Prophet Thou shalt swear The Lord liveth in truth and in Judgment and in Justice So that if an Oath be ambiguous captious or false it wants the condition of Truth If it be either unnecessary or indiscreet and unprofitable it will be destitute of Judgment and if in the Object and Forme of it and in the mind of the Taker there be not a conformity to the Eternal Law of God it will want Justice Lastly if with all these it be not attended with fidelity in the execution of what is promised supposing it be a Promissory Oath and this according to the intention of the Law-giver it will be dishonourable Irreligious and odious to God and wanting any of these conditions it will respectively be destructive to those that so contrive or take it 7. All these conditions are doubtless with more then ordinary caution to be observed in Solemn publick and National Oaths the breach of which will involve whole Kingdomes in guilt and punishment and this even in the Opinion of Heathens inevitably 8. These things considered if we will call to mind how many Oaths Covenants Abjurations c. Ambiguous Entangling Trayterous Contradicting one another and consequently inducing a necessity of Perjury have been sometimes voluntarily taken or by a pretended Authority imposed on the Subjects it will surely deeply concern us all to take some fitting course to avert Gods most just indignation from our Nation by humbling our selves before his Divine Majesty and making a publick acknow●edgment of the guilt universally contracted by us and however for the future to take ●are that men may clearly see and understand what it is that they must be compelled to wear SECT III. The Forme of the two Oathes Of Supremacy and Allegiance and the proper litteral sence of them 9. THe Oathes at this time in force and publickly or generally imposed are two 1. that of Supremacy 2. that of Allegiance conceived in distinct Formes 10. The Oath of Supremacy is in the forme here expressed viz. I A. B. do utterly testifie and declare in my conscience that the Kings Majesty is
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 l●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
substance and intention of the oath and being present do render the whole ineffectual They are assured that the first framer of this Oath K. James never intended to intangle the consciences of his subjects and if he had foreseen that a few unnecessary words would have rendred them uncapable to serve him he would never have made choice of such unhappy expressions But so long experience having demonstrated what it is that wounds the consciences of Catholicks they confidently hope that this tendernesse will shew how infinitely more tender they will be to keep the Fidelity promised in the oath since they have kept it when they were treated as breakers of it only for I cannot say not daring to professe it for that have alwayes been ready to do but for not dareing to say things unnecessary to be said or that they understand not or are not permitted to Explicate their meaning 119. Never certainly was there a time when it was either more seasonable or more necessary to obstruct all passages of jealousies amongst English Subjects and to prevent all attempts of disturbing the Kingdomes peace As for other Sects the State will it is hoped and prayed for be assisted by a divine wisdom to provide against the particular tempers of each and as for Roman Catholicks no other expedient will be necessary but to afford them means to shew abroad that Fidelity which their Religion indispensably obliges them to This indeed will be a great affliction to other Sects among us who would rather forgive Catholicks for being real traytours then for manifesting themselves in the eyes and to the satisfaction of all to be good Subjects 120. Certainly that old policy of Queen Elizabeths Calvinistical Statesmen is now very unseasonable and was alwaies dangerous of first fomenting divisions among Catholick Subjects especially about principles of loyalty and disloyal●y and then exposing both the loyal and disloyal subjects indifferently to the same rigour of lawes Surely it is of greater concernment now for his Majesties security to unite all Catholicks with one heart to assist and defend him by casting out all principles of disloyalty inconsistent both with Catholick and Protestant Religion 121. Now what more efficacious mean or rather what other mean is there for this then that which his Majesty may if he please conferr upon them by allowing such an Ecclesiastical Government among them by which there will be produced a true Christian Unity and Uniformity both in opinions and practises and consequently by which without giving the least jealousy but on the contrary very great security to the State they may all be united to concurr in promoting his service 122. Now to what special parties both within and without the continuation of a defect so projudicial is to be imputed is but too well known It is not to be doubted but that the forementioned party will make use of all their skill and power to oppose all good correspondence among them upon more then one Motive For 1. A strong affection which they have to independence and to a promoting of their particular interests dividedly from all others by which means they have got great power abroad little for the publick good of this Kingdom this will make a common union very unwellcome to them 2. And again they will easily foresee that by this only means those wicked principles of disloyalty which made them heretofore eminent abroad must necessarily then be renounced They will no longer be looked upon as the only Apostles of a forraign temporal power either direct or which is as bad indirect the enormous writings and worse practices of their Forefathers which only procured the continuation of the Oath of Supremacy and the framing of that of Allegiance together with the sharp lawes not against them alone must be condemned to the same fate that they have suffered in other Kingdomes and lastly an advantage of corrupting good English Natures with Maximes of Morality odious to all Christenstom and condemned by supream Authority will be taken from them 123. These cannot chuse but prove unto such dispositions very great mortifications and as great as any of these would be the framing of Oaths which all good Catholicks could securely take For it is well known that they have been publickly told that it is for their advantage only that such Oaths are imposed here as cannot generally be taken and that worse newes cannot come to their brethren abroad then that such Oaths were taken away from Catholicks Because they have a strong apprehension that themselves having been the sole clauses of those rigours against the whole body of English Catholicks shall have but a small portion in any future indulgence without an explicite satisfactory renunciation of their principles and an assurance given to teach the contrary as they were obliged by an Arrest of the Parliament of Paris A. D. 1626. 124. And that this was no suspicion groundlesly taken or invented there was produced a well known verified story hapning toward the latter end of Queen Elizabeths raign For that Queen being at last satisfied of the loyalty of certain Catholick Priests had a purpose to shew some indulgence and qualification of the lawes to them Hereupon certain of their Brethren went to Rome to carry such good newes thither whither being come they were by that party branded with the names of Schismaticks Spies and Rebels to the See Apostolick and moreover there was by one of the party T.F. compiled a Treatise in Italian to advise his holyness That it was not good or profitable to the Catholick cause that any liberty or toleration should be granted by the S●ate of England to Catholicks And why not good for the Catholick cause Because not for their own interest For having been persons never formerly admitted by publick authority into this Kingdom and having given sad proofs of their temper they did not without reason suspect that if only good loyal Catholick Subjects were tolerated their so dangerous and to themselves only advantageous principles must be abandoned 125. It is not therefore to be expected but that a charitable concurrence of several Ecclesiastical pastours here would be to them very unwellcome But the commodities and Benedictions flowing there-from are unexpressible For 1. Though perhaps by a hindrance thereby given to that parties divided way of agitation here the number of Catholicks among us might come to be diminished yet then there would be none but good charitable and obedient Catholicks in England free from all intelligence or designs abroad 2. Matters of discipline and Spiritual Government would not be only and immediatly ordered by a Court too far distant from us and too much suspected by the State here 3. English Catholicks would be freed from a burden and the King from jealousies to which no other in the World are obnoxious For in France c. none dare under utmost penalties execute orders or publish Mandats without express allowance from the State though such briefs touched only