the intolerable abuse which some suggestors did put upon the Popes Holinesse concerning this Oath of Allegiance who procured him to send forth a declarative Briefe forbidding English Catholiques to take the same as conteining many things plainly repugnant to faith and salvation and by this meanes compelled him against his will to make the Doctrine adverse to the Oath his owne opinion When as the procurers themselves and their abettors did as I have said counsell in private some men of qualitie who were friends to them to take the same as lawfull as may be easily proved And which is more strange that they should procure it to be declared so repugnant when as the doctrine to be abjured in the said oath wrote by Santarellus was declared by all the Sorbon Doctors and sixteene of the chiefest Jesuits in France to be wicked so that what is held lawfull by most Divines in the Church it being the most common opinion except some few that would seeme to flatter the Pope should be held wicked only for us to take but I conceive as I have said before that the intent and end of the procuration of such Briefs is that nothing should be thought good or lawfull in England to be done without the speciall approbation of the suggestors tribe so that if any man should doe what they have not approved by vertue of the Popes Briefe he shall be presently blasted for an heretick and if he doe what they approve he shall be saved harmelesse by them both at home and abroad let him be never so bad Sed meliora Spero Let any judicious man consider all the Buls Breves and Censures that have beene procured touching the affaires of English Catholiques from the first Bull of excommunication against Queen Elizabeth by Pius Quintus to the last before spoken of in Anno 1639. against one who knowes nothing of the same and he shall finde by farre more hurt done to Catholiques then ever good It were a blessed turne if some order might be taken by our most gracious Queene for the prevention of such mischiefes which serve for nothing more then to make Schismes and Rents in the Church of God and the Pope and his authoritie to be lesse regarded It were more fitting in my poore judgement that Catholiques were succoured in tribulation then by barring them of their Christian liberty in what they may lawfully doe to adde affliction to affliction I must say no more for I perceive that some beginne to swell but the matter is not great for I will write nothing by Gods grace contrary to the Catholique Church Yet I feare they will breake before I have done with The Oath of Supremacy which is as followeth divided into foure branches 1. I A. B. Doe utterly testifie and declare in my conscience that the Kings highnesse is the only Supreme Governor of this Realme and of all other his Highnesse dominions and countries as well in all Spirituall or Ecclesiasticall things or causes as Temporall 2. And that no forreigne Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction power superioritie preheminence or authoritie Ecclesiasticall or Spirituall within this Realme 3. And therefore I doe utterly renounce and forsake all forren Jurisdictions powers superiorities and authorities 4. And doe promise that from henceforth I shall bear faith and true Allegiance to the Kings Highnesse his heires and lawfull successors and to my power shall assist and defend all Jurisdictions priviledges preheminences and authorities granted or belonging to the Kings Highnesse his heires and successours or united and annexed to the Imperiall Crowne of this Realme So helpe me God and by the contents of this Booke Where is to be noted first that in the first yeere and Parliament of Queene Elizabeths reigne when they abolished the Popes authoritie and would have yeelded the same authoritie with the Title of Supreme head to the Queen as it was given before to her father and brother divers especially moved by Minister Calvines writing who hâ—d condemned in the same Princes that calling liked not the terme and therefore procured that some other equivalent terme but lesse offensive although in truth it is all one with the other might be used Vpon which formalitie it was enacted that she was the Chiefe Governour aswell in causes Ecclesiasticall or Spirituall as Civil Temporal because otherwise there could have beene no colour to make new lawes for the change of Religion So the abovesaid Author to the Answer c. cap. 1. pag. 7. and 8. And this was the onely and sole intention of making the aforesaid Oath which was divâ—rs from the â—ntention of King Henrie the eighth and consequently the Oath not the same For his intention in assuming to himselfe the Supremacie was not as I shall say beneath in the third note to alter any principle of Religion the Supremacie onely excepted or so much as any ceremonie of the Catholique Church but to give himselfe a more licentious libertie in point of marriage and divorce and to make the same libertie justifiable to his subjects and because he could not have the same granted to him by the Pope was angry and displeased with him and tooke it of his owne accord and for his sake disturbed the Church and Clergy of England and took away their lands and gave them to his Nobilitie It is to be noted secondly that we are to sweare that the King is chiefe Governour as well in all spirituall things c. Where by All is to be understood in all things ordered or to be ordered by him unlesse some exception bee made in reason touching the establishment or regiment of the Protestant Church of England that the spirituall things were meant touching the Church appears by the very words themselves Spirituall or Ecclesiasticall and that they were meant touching a Church to be established distinct from the then Catholique Church in England appeares by the intention of the oath which was as I have said to inable the Queene to change and alter Religion and to forme an other Church diverse from that which then was which is the Protestant Church and that there are some spirituall things justly excepted from the King appeares by the Declaration of Queene Elizabeth in her next visitation of the Clergie after the said Oath was made wherein she her selfe made an exception and declared in print the same being published by her commandement that in truth She had not power we will not examine then from whence her Ministers power came she having none her selfe by the words of the Oath and Act to minister the Sacraments Neither had she any such intent and that no such thing was implyed in her Title or claime of Spirituall regiment nor no other thing nor more then was before granted to her father by the terme of Supreame Head requiring all her loving subjects to receive the Oath at least in that sence which was
she meant that she might dispose of Church matters as her Father had and have power to forme what Church she pleased and so that should suffice her Highnesse It is to be noted thirdly that the aforesaid oath when it was made was unlawfull to be taken by any Catholique as the oath before made in the dayes of King Henry the 8th Although when it was made it was not altogether so unlawfull as that of King Henry because in his dayes there was no other Church extant or like to be extant in England but the Catholique Church of which contrary to the Law of God and his own conscience he made himself head as appears by a booke set forth by the said King himself in the later end of his raigne and many yeers after he had framed his Oath of Supremacie intituled A necessary Doctrine and Erudition for any Christian man set forth by the Kings Majestie of England c. In which he sets forth the Christian faith then to be professed in England Which was as absolutely Catholique and the self-same in every point as now it is in Rome And if any man should have sworne him the supreame head as he intended of that Church he would have sworne false as making the Church a Monster in having two heads or depriving the Pope of his authoritie granted him by God which had been to have denyed an Article of faith but when the said Oath was repealed in Queene Maries dayes And another Oath of Supremacie made in the aforesaid first yeere of Queene Elizabeth It was as I have said to inable her not so much to be head of the Church then extant and to be utterly abolished as to be Governour of a new Church distinct from the Catholique Church then out of hand to be propagated and established of which to sweare Her Head before it was or to sweare Her Head of the Church then extant which she conceived superstitious of which indeed she was not head was in a true and proper sence unlawfull And so continued unlawfull untill after the abrogation of Masse and perfect establishment of the new Protestant Church within this Realme and other His Majesties Dominions Which being established as now it is the said Oath of Supremacie ceased from being unlawfull because then there was an apparant face of a Church distinct from the members of the Catholique Church which then began scarce to appeare in respect of the greater multitude of which only she was supreame governour and chief head and no other person whatsoever had or ought to have any jurisdiction or preheminence in the same and all that were or are not of the same faith and Church were and are in a true and proper sense forreiners to the same It is to be noted fourthly that a man may be said to be a Forreiner in a twofold sence First in respect of a temporall Dominion Secondly in respect of faith whence ariseth a spirituall jurisdiction In the first sence all that are not Natives of His Majesties Dominions although some Lawyers say all that doe no homage to His Majestie are forreiners In the second sence all that are of the Protestant faith with the King are Domesticks of the same faith and within His Dominions only subject to His spirituall jurisdiction by the Laws of the Realme And all that are not of the Protestant faith are forreiners to the same conformable to St. Paul who accounted all those of whatsoever Nation or under whatsoever temporall Dominion or Iurisdiction in the world who were of the same faith with himselfe which he taught were Domesticks of that faith And those of whatsoever Nation or temporall Dominion that were not of the same faith he accounted forreiners Whence he saith Gal. 6.10 Let us doe good to all but especially to the domesticks or those of the house of faith And 1 Thess. 4. vers 12. Rogamus ut honeste ambuletis ad eos qui foris sunt nullius aliquid desideretis We desire you brethren that you walke honestly towards them that are without that is forreiners to our faith and need nothing of any mans It is to be noted fifthly and chiefly what conditions are required in every lawful oath which according to the Prophet Ieremy are three viz Truth Iudgement and Iustice for he saith in his fourth Chapter Thou shalt sweare our Lord liveth in truth and in judgement and in justice upon which place the holy Doctor S. Hierome noteth that the foresaid conditions are requisite to every oath of whom all Divines have leâ—rned the same requiring in every lawfull oath every of the said three conditions The reason hereof is because an oath being an invocation of God as witnesse that what we speake is true it is requisite that we should use judgement or discretion to see that we doe nothing rashly or without due reverence devotion and faith towards so great a Majestie but we must especially regard that we make not him who is the chiefe and Soveraigne veritie and inflexible justice either ignorant oâ— what we say or Patron of a lye as witnesse of that which either is false in assertion or unjust in promise Hence an oath wanting Iudgement or discretion and wisdome is a rash and foolish oath that which wanteth Iustice is called an unjust oath And finally where there is not truth it is adjudged a false or lying oath and is more properly then all the rest called Perjurie These notes premised I shall now prove the said Oath of Supremacie to be lawfull for any Catholique to take Every Oath that is accompanyed with the three said conditions or companions viz. veritie justice and judgement in the opinion of all Divines Canon and Civil Lawyers is a lawfull Oath but such is the Oath of Supremacie above recited in every part and particle of the same Ergo. The Minor is proved discoursing of every branch in particular and first of the first branch wherein I sweare that the King is only Supreame Governour of this Realme as well in all Spirituall or Ecclesiasticall things or causes touching the Church of the said Realm as Temporall touching the State or of any other his Dominions Which I doe sweare discreetly as a thing true and just For there is no other Supreme Governour of temporall things to be assigned but the King as all will confesse nor of Ecclesiasticall things or the Church of England as by a sufficient Enumeration may be proved For the Parliamâ—nt is not supreame governour of the Churches within this Realme when as according to the naturall light of reason the King is governour of that and therefore not supreame The Primate cannot be assigned supreame governour when as he hath all his authoritie of government from the King and so he hath a Superior A Lay-eldership cannot be supreame governour for although it be unknowne what it is or from whence it receiveth its authoritie yet I thinke no Lay-eldership so barbarous as not to
other forrein Potentates as afore And also aswell the said Statute made in the said eight and twentieth yeer as the Statute made in the said Session of the Parliament holden the 35. yeere of the Kings Majesties Reigne for establishment and declaration of His highnesse succession and all Acts and Statutes made and to be made in confirmation and corroboration of the Kings Majesties power and Supremacie in earth of the Church of England and Ireland and of other the Kings Dominions I shall also defend and maintaine with by body and goods and with all my wit and power and this I shall doe against all manner of persons of what estate dignitie degree or condition they be and in no wise doe nor attempt nor to my power â—uffer or know to be done or attempted directly or indirectly any thing or things privily or apertly to the let hinderance damage or derogation of any of the said Statutes or of any part of them by any manner of means or for or by any manner of pretence And in case any Oath hath been made by me to any person or persons in maintenance defence or favour of the See and Bishop of Rome or his authoritie jurisdiction or power or against any Statutes aforesaid I repute the same as vaine and annihilate and shall wholly and truly observe and keepe this Oath so helpe me God all Saints and the holy Evangelists The Oath of Supremacie enacted 1 â— Elizabeth cap. 1o. I A. B. Doe utterly testifie and declare in my conscience that the Queenes highnesse is the onely Supreame governour of this Realme and of all other her Highnesse Dominions and Countries as well in all Spirituall or Ecclesiasticall things or causes as Temporall and that no forreigne Prince Person Prelate State or Potentate hath or ought to have any jurisdiction power superioritie preheminence or authoritie Ecclesiasticall or Spirituall within this Realme and therefore I doe utterly renounce and forsake all forraigne jurisdictioâ—s powers superiorities and authorities and doe â—â—omise that from henceforth I shall beare faith anâ—â—rue Allegiance to the Queenes Highnesse her 〈◊〉 and lawfull Successour and to my power shall assâ—st and defend all jurisdictions priviledges preheminences and authorities granted or belonging to the Queenes Highnesse her Heires and Successours or united and annexed to the Imperiall Crowne of this Realme So helpe me God and by the Contents of this Booke A Proviso in an Act 5 o. Elizabeth c. 1o. for expounding this Oath PRovided also that the Oath expressed in the said Act made in the said first yeere shall be taken and expounded in such forme as is set forth in an Admonition annexed to the Queenes Majesties Injunctions published in the first yeere of her Majesties reigne that is to say to confesse and acknowledge in her Majestie her Heires and Successours none other authoritie then that was challenged and lately used by the noble King Henrie the eighth and King Edward the sixth as in the said Admonition more plainly may appeare The Admonition annexed to the Injunctions Elizabeth 1o. followes with this Title An Admonition to simple men deceived by malicious THe Queenes Majestie being enformed that in certaine places of this Realme sundry of her native subjects being called to Ecclesiasticall Ministrie in the Church be by sinister perswasion and perverse construction induced to finde some scruple in the forme of an Oath which by an Act of the last Parliament is prescribed to be required of divers persons for the recognition of their Allegiance to her Majestie which certainly neither was ever meant ne by any equitie of words or good sense can be thereof gathered would that all her loving subjects should understand that nothing was is or shall be meant or intended by the same Oath to have any other Dutie Allegiance or Bond required by the same Oath then was acknowledged to be due to the most noble Kings of famous memorie King Henry the eight her Majesties Father or King Edward the sixt her Majesties Brother And further her Majestie forbiddeth all manner her subjects to give eare or credit to such perverse and malicious persons which most sinisterly and maliciously labour to notifie to her loving subjects how by the words of the said Oath it may be collected that the Kings or Queenes of this Realme possessours of the Crowne may challenge authoritie and power of Ministrie of Divine Offices in the Church wherein her said subjects be much abused by such evill disposed persons For certainly her Majestie neither doth ne ever will challenge any other authoritie then that was challenged and lately used by the said noble Kings of famous memory King Henrie the eight and King Edward the sixth which is and was of ancient time due to the Imperiall Crowne of this Realme that is under God to have the Sovereigntie and rule over all manner of persons borne within these her Realmes Dominions and Countries of what estate either Ecclesiasticall or Temporall soever they be so as no other forreigne power shall or ought to have any superioritie over them And if any person that hath conceived any other sense of the forme of the said Oath shall accept the same Oath with this interpretation sense or meaning her Majestie is well pleased to accept every such in that behâ—lfe as her good and obedient subjects and shall acquit them of all manner penalties contained in the said Act against such as shall peremptorily or obstinately refuse to take the same Oath The Conclusion of the Authour of the Animadversions to the Reader THis Treatise Christian Reader penned by a learned and intelligent Romanist resembles Ortwhinus his Booke intituled Fasciculus rerum expetendarum et fugiendarum or the two baskets of figgâ—s Ier. 24.1.2 set before the Temple one basket had very good figges and the other very naughtie Among the very good are these assertions That in the Protestant Church there is no Idolatrie committed That the Liturgie of the Church of England hath not any malignitie in it that may â—ustifie Popish Recusancie That the Oathes of Allâ—giance and Supremacie are iustifiable by the law of God But among the very naughtie are these that when we are questioned about our Religion before a Magistrate we may vulpizure cum vulpibus goe beyond the foxe if wee can in fox-craft that in taking an oath we may frame a meaning to our selves which is proved contrary to the meaning of him that made or ministreth the Oath that we may by our outward gestures and actions make shew of that Religion of which indeed we are not that a Prudent Catholique may both frequent the Protestant Church in publique as this Priest sâ—ith he hath done often and goe to Masse â—r say Masse in private This is no better then to weare a garment not on our bodies â—ut on our soules made of 〈◊〉 and to plough in Christs â—ield with an Oxe and an Asâ—e and to 〈◊〉 betweene two opinions reproved by the holy Prophet Eliah tâ—is is to be of the
partialitie and then they should see whether having this meane of beliefe in a balanced judgement they would attribute their heresies to Gods revelation and deny his revelation to Orthodoxe Articles or no. To the authoritie of St. Thomas I answer that he meaneth such as attribute heresies quatenus tales to Gods revelation and deny his revelation to Orthodox Articles quâ tales as Arch-hereticks did in this reduplicative sense to be blasphemers But not such as take Scripture for the revealed word of God and misunderstand the same in a specificative sense through their own ignorance or infirmitie to be blasphemers Neither did St. Thomas or any other temperate and solid Divine ever inteâ—d to say It may be here first objected that Catholiques in the beginning of Queene Elizabeths Raigne went to Church and so did likewise the Catholiques in Scotland and they were all in a short time subverted Ergo there is danger of subversion in going to Church I deny the later part of the antecedent and say that while the plot of Recusancie was working there was a command got upon the former suggestions that no Catholiques should goe to the Protestant Church So by barring them of their Christian libertie by degrees to bring in Recusancie as a pretended signe betweene a good Christian and a bad Which some few Catholiques then beleeving themselves bound to obey as indeed they were not but might as well withall reverence and obedience have beseeched the Pope to have recalled his command refused the Church Others and those the most part of the kingdome as appeares by the afore Author of the Answer to the Libell of Justice cap. 8. pag. 172. 182. fearing the penalties of the said Statutes did not refuse but continued to goe to Church who being neglected by Priests being but a few then in England and those of most power being for the said recusancy as having no spirituall comfort or instructions in what sense they might truely and lawfully doe what they did to avoyd the said penalties of the Law and likewise thinking that those Priests thought them to doe ill in what themselves found no hurt they dyed as they lived But whether in Protestant tenents or Catholique or whether they would not have dyed Catholiques if they had had helpe especially such as lived before in Queene Maries time I present to any wise and pious mans judgement truly considering the state of those times And afterwards their children being still neglected upon this point of Recusancy and living in ignorance ingendred the Protestant Reâ—igion now on foot So that the cause of their falling was not their subversion as may be proved by witnesses yet alive but over indiscreet zeale in Priests the chiefest heads of whom ayming as is evident at a temporall end neglecting and rejecting such as would not obey their unreasonable command and in the same manner it hapneth with Catholiques that now goe to Church in these dangerous times Who going to Church only to save themselves from ruine and being rejected as judged to be fallen from the true faith by ignorant Priests and therefore not looked after with any Christian instructions or admonitions faine themselves Protestants rather then they will bee thought to live against their conscience Whence I may truely say and prove by the Authour last before cited who confesseth that in the thirteenth yeere of Queen Elizabeths reigne the third part of this Kingdome at least was Catholique that since the fall of Religion in England by this onely Cheate of recusancie tenne soules have beene lost for one gained which is both lamentable and damnable to those that were the first Authors of the same As for the Scots their fall was neither subversion or Recusancie which was never generally admitted because not covertly procured by the Clergie of that Kingdome but want of Priests to administer the Sacraments and give them other spirituall comfort who seeing the soyle not so fertile as ours and the lawes more severe those few that were rather chose to converse on the Northern borders of England then in their owne Countrey And Catholiques there seeing themselves destitute of all spirituall comfort went to Church to save their inferiour portion from ruine who if they had had but plenty or sufficiencie of priests to have instructed them I doubt not but they would have still remained Catholiques And it had been farre more easie so to have conserved them then fallen now to convert them And thus came the bane of Catholique religion into both Kingdomes which are like so to continue remedilesse unlesse they be assisted by Gods infinite and miraculous power It may be objected secondly that divers Popes as Paul the fourth Pius the fifth both the last Gregories Sixtus Clement and Paul the fifth granted to priests their faculties with an intention that they should administer the Sacraments to onely such as abstained from Protestant Churches I answer that it is so said by R. P. but whether it be so in truth or no I know not peradventure such faculties might be granted to such as received them from the aforesaid suggestors hands and to none others Neither did I ever see any faculties as yet so limited nor I hope ever shall For although the aforesaid Popes might be inclined to the said suggestors tribe so admit of their suggestions thinking them to proceed from zeale and not from hypocrisie who likewise thought their pretenses holy and what a Christian like thing it was to suffer persecution for Gods sake and what a number of Martyrs were made in England sanguinem martyrum esse semen Ecclesiae that the blood of the Martyrs was the seed of the Church Further what an abominable people Protestants were Idolaters blasphemous heretiques subversive of soules and many other the like exaggerating speeches upon which any Pope living unlesse he had foreknowne their drift would have done the like Whereas certainly had they but made known the true State of England in those dayes and sought the good of souls and not themselves in truth they ought to have done the said Popes would never have done as they did to us more then to the Scots Hollanders Germans and other nations by subjecting us and all posteritie by this device of Recusancie to all misery and slavery Neither hath his Holinesse that now is ever declared any such thing for I perceive that he better knowing by experience the said suggestors tribe and their plots with their moth-like dealings in most Kingdomes will be advised hence forward how he granteth any more Rescripts or limiteth any faculties upon their importune suggestions As for our Martyrs of England I hope them truely Martyrs because they died not so much for recusancie as for Religion and a good conscience although that might be a meanes to bring them to their death sooner then otherwise Yet I dare not call all of them Saints untill the holy Church doth bid me as having approved of their miracles but most of them I