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A54581 The obligation resulting from the Oath of Supremacy to assist and defend the pre-eminence or prerogative of the dispensative power belonging to the King, his heirs and successors. In the asserting of that power various historical passages occurring in the usurpation after the year 1641. are occasionally mentioned; and an account is given at large of the progress of the power of dispensing as to acts of Parliament about religion since the reformation; and of divers judgments of Parliaments declaring their approbation of the exercise of such power, and particularly in what concerns the punishment of disability, or incapacity. Pett, Peter, Sir, 1630-1699. 1687 (1687) Wing P1884; ESTC R218916 193,183 151

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insignificant as did the old Politicks I shall refer you to in the Sacred Story and when the whole Earth was of one Language and of one Speech and the Vogue was Let us build a City and Tower whose top may reach to Heaven and let us make us a Name least we be scatter'd abroad on the face of the whole Earth But Heaven confounded their Language and their City was call'd Babel and their feared Dissipation was their Punishment They were so diffident of the Divine Promise whose garranty they had that they were resolv'd by their own hands to provide against all Dangers of a future Deluge and having built their Tower with Brick they thought 't would defend them from the Power of Fire concerning which they had heard the Tradition that a general Destruction of the World should proceed from the fury of that Element and they vainly endeavour'd to secure themselves against the anger of Heaven rather by a lofty Pile then by lowly Minds A. That wretched vulgar Error you referr'd to did shew that the line of Confusion was stretch'd forth on Men's understandings as well as on the Realm in that Conjuncture and I have observ'd that that vulgar Error did last to the very time of the ferment about the Exclusion and long before which time as well as then some have talk'd and writ at this rate viz. That the Oath of Supremacy was expresly made as the title of it shews to shut out the Usurpation of foreign Powers and Potentates and was not meant to provide against any popular Usurpations or Diminutions of the King 's Supreme Authority B. O God! But to speak or write at that rate to Conscience is Chicanerie And I have elsewhere mention'd what one whom I cannot too often mention to be as fair a dealer with Conscience as any the Age hath had told us in his sixth Lecture of Oaths about the Oath of Supremacy binding in this Case You know I mean Bishop Sanderson who there shews that tho Popes Usurpations or arrogating to themselves the Supreme Iurisdiction in spiritualibus throughout this Kingdom was the Cause of the Oath of Supremacy yet the Oath is obligatory according to the express words in the Utmost Latitude the reason is that the intention of a Law is general to provide against all future inconveniences of the like kind or nature Moreover the words in Queen Elizabeth's Admonition referring to the Persons call'd to Ecclesiastical Ministry in the Church as the doubters and the tenour of all the subsequent Interpretations as speaking them principally occasion'd by the doubters in the Church of England do further shew the Vanity of that Objection And if you will more particularly think of the Queen 's Authentick Interpretation of that Oath and approved in Parliament you will find the Oath of Supremacy to be an Oath of Allegiance and that it may be so-likewise properly termed For in the beginning of the Admonition you will thus find it viz. The Queen's Majesty being inform'd that in certain places of this Realm sundry of her native Subjects being call'd to Ministry in the Church be by sinister Perswasion and perverse Construction induced to find some scruple in the form 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 Majesty c. A. As one may perceive by what the Queen's Interpretation in the Admonition refers to that there was a great ferment in the Kingdom about the sense of the Oath so suitably to what you mention'd of the Prudence of our Ancestors that caus'd various ferments to go off so insensibly the next Parliament in approving her Interpretation without troubling themselves to question the Authentickness of it doth corroborate your observation of the Excellence of the English understandings B. It doth so The fermentation in the minds of the People you speak of had been Epidemical And tho one might fancy by the Proem of the Admonition that the Interpretation as well as the Dispensing with Disability had an eye but on an inconsiderable number of People there referr'd to in the foremention'd words of sundry of her Majesty's Native Subjects in certain places of this Realm c. yet any one who knoweth the History of those times will find the Interpretation and Dispensation as I may say Calculated for the Meridian of all England and the Interpretation having an eye on all Christendom There was then in the Morning of that Queen's Reign and of the restoration of the Reform'd Religion such a thick mist of causeless Fears and Iealousies that had generally o'erspread the minds of Protestants and Papists shortly after the Birth of the Statute of 1 o Eliz. c. 1 o. that nothing but the Supremacy both of Power and Reason that shone in her authentick Interpretation of that Statute could disperse and that too not suddenly For as Mr. Nye in his Book of Two Acts of Parliament or Observations on that Oath tells us It is mention'd in the Admonition that the Queen 's Ecclesiastical Power is the same that was challenged and used by Henry the 8th c. which is supposed by some to be the same that was in the Pope the Person only and not the Power changed so that our Princes are but secular Popes This Objection was strengthen'd by the subtlety of Gardiner abroad and at home by a Sermon Preach'd at Paul's Cross in the year 1588. by Dr. Bancroft who calls Q. Eliz. a Petty Pope and tells us her Ecclesiastical Authority is the same which the Pope's was formerly and in the Margin opposite to what he had said of the subtlety of Gardiner strengthening the Objection abroad hath these words viz. Whom Calvin terms Imposterille And Mr. Nye afterward goes on to shew how the 37th Article did remove the Objection sufficiently The Author of The true Grounds of Ecclesiastical Regiment Printed in London A. 1641. doth in p. 53. mention some mens objecting it against the Ecclesiastical Supremacy of our Monarchs that it may descend to Infants under Age as it did to King Edward the 6th or to Women as to Queen Mary and Queen Elizabeth and that whatsoever we may allow to men such as Henry the 8th yet it seems unreasonable to allow it Women and Children The Papists think this Objection of great moment and therefore Bellarmine in great disdain casts it out that in England they had a certain Woman for their Bishop meaning Queen Elizabeth and she knowing what an odium that word would draw on her both among Papists and many Protestants also Consults her Bishops about it and by their advice sets forth a Declaration certifying the World thereby that she claim'd no other Headship in the Church but such as might exclude all dependency on foreign Headships and secure her from all danger of being deposed c. The Bishops in this did as warily provide for their own Claim as the Queen 's And the Roman-Catholick Author
submit willingly And in the clearing of which Point he refers to the Proviso aforesaid in the Statute of the 25th of Harry the 8th and the 37th Canon of the Church of England as rendring the Power by both given to the King to be purely Political But in p. 159. he refers by way of Objection to two Statutes of Harry the 8th the one an Act for extinguishing the Authority of the Bishop of Rome the other an Act for Establishing the Succession wherein there is an Oath that the Bishop of Rome OUGHT not to have any Iurisdiction or Authority in this Realm then faith it is declared in the 37th Article of our Church that the Bishop of Rome hath no Iurisdiction in the Kingdom of England and in the Oath ordain'd by Queen Elizabeth that no Foreign Preiate hath or ought to have any Iurisdiction or Authority Ecclesiastical or Spiritual within this Realm and he then by way of answer to which says That those two Statutes were long ago repeal'd by Queen Mary and never afterward restored c. and that altho it were supposed that our Ancestors ●…ad over-reach'd themselves and the truth in some Expressions yet that concerns not us at all so long as we keep our selves exactly to the line and level of Apostolical Tradition and saith that our Ancestors meant the very same thing that we do Our only difference is in the use of the words Spiritual Authority or Iurisdiction which we understand of Iurisdiction purely Spiritual which extends ●…o further then the Court of Conscience But by Spiritual Authority or Iurisdiction they did understand Ecclesiostical Iurisdiction in the exterior Court which in truth is partly Spiritual partly Political And he in p. 161. takes notice of the Apostles Dispensative Power 2 Cor. 2. 10. to whom I forgave any thing for your sakes forgave I in the person of Christ But all this is only in the interior Court of Conscience But the Primate having in p. 73. discours'd of the Act of 1 o Eliz. c. 1. saith here is no new Power created in the Crown but only an ancient Iurisdiction restored here is no foreign Power abolish'd but only that which is repugnant to the ancient Laws of England and the Prerogative Royal. In a word here is no Power ascribed to our Kings but merely Political and Coactive to see that all their Subjects do their Duties in their several Places Coactive Power is one of the Keys of the Kingdom of this World it is none of the Keys of the Kingdom of Heaven This might have been express'd in words less subject to Exc●…ption A. The Primate hath shewn an eminent Candour of mind in these Passages of his you have cited and if our Ancestors had but over-reach'd themselves and the truth in some Expressions and in any part of a Statute but that which forms an Oath it had not much concern'd us and as long as they had kept exactly to the line and level of plain Truth in all the words of the Oath but Oaths being stricti juris and being to be taken in truth and in righteousness and in the common sense of the words may I not here to the Assertory Clause of No foreign Prelate or Person hath or ought to have any Iurisdiction c. apply those other words of the Primate This might have been express'd in words less subject to Exception But according to what he cited out of St. Cyprian it may be said instead of no foreign Prelate hath or ought to have any Iurisdiction c. that Every foreign Prelate hath it and not only the Bishop of Rome as claiming a Succession under St. Peter but Thousands of other Bishops in Christendom who as the Primate saith there p. 162. do not at all derive their Holy Orders from S. Peter or any other Roman Bishop either mediately or immediately especially in Asia and Africa but from the other Apostles And suitably to what the Primate observ'd out of S. Cyprian by which we see that as there is but one Universal Church so there is but Episcopatus Unus in that Church and that undivided I find it observ'd in Sir Geffery Palmer's Reports in the Case of Evans Kiffin vers Ascuith Trin. 3. Car. B. R. Whitelock Evesque ad 3 Powers Le Primer est Ordinations and that comes to him by his Consecration and not before By that he can take the resignation of a Church He can give Orders and Consecrate Churches and it belongs not to him as he is a Bishop of one place or other mais il est universel sur tout le monde And therefore the Archbishop of Spalato when he was here could give Orders The Chief Iustice agreed with him herein The second is Potestas Jurisdictionis which is not Universal but tied to certain places as to take an Oath to Excommunicate and Punish offences and this Power he hath by Confirmation The third is Administratio rei Familiaris the Government of his Revenue and this is gain'd by Confirmation By this you see that the Bishop of Rome as every other foreign Bishop may have some Spiritual Power here viz. what the Reporter mention'd as the first And therefore I could wish that the 37th of our 39 Articles to which the Primate refers for the Interpretations of this Clause in the Oath had in those words there the Bishop of Rome hath no Iurisdiction in this Realm express'd such a distinction of his Iurisdiction as the Bishop hath done and otherwise that common and trite Rule of Non est distinguendum ubi lex non distinguit being here applicable you know what is to be thought of an ambiguous Oath and that as the sagacious Author of the History of the Council of Trent hath told us p. 187 as one Particular makes false the contradictory Universal so one ambiguous Particular makes the Universal to be ambiguous Moreover tho you will suppose that he might lawfully take the Oath in his sense of the Pope's Jurisdiction yet all his great Learning and Reason could not qualifie him to be an Authentical Interpreter of the Oath to me In some parts of the Oath that were obvious to doubt you have already given me satisfaction and particularly in making me by vertue of the Canons of King Iames a participant with the Clergy in his authentical Interpretation of the 37th Article And since as Suarez in his learned Book De Legibus 4. c. de Interpretatione humanarum Legum saith that there may be an interpretation of Law which hath the Authority of Law and that qui in eadem potestate succedit semper potest Praedecessotum leges interpretari I shall account King Iames his Interpretation as good as Queen Elizabeth's and that if he had there declared his mind about the Pope's spiritual Power in foro interno being not renounced by this Clause in the Oath I should then be content with it But 't is otherwise for he there Confirms it in effect as 't is in the Article
THE OBLIGATION Resulting from the OATH of SUPREMACY To Assist and Defend the Pre-eminence or Prerogative OF THE Dispensative Power BELONGING To the KING his Heirs and Successors In the asserting of that Power various Historical Passages occurring in the Usurpation after the Year 1641. are occasionally mentioned And an Account is given at large of the Progress of the Power of Dispensing as to Acts of Parliament about Religion since the Reformation and of divers Judgments of Parliaments declaring their Approbation of the Exercise of such Power and particularly in what concerns the Punishment of Disability or Incapacity Princes are Supreme over Persons not over Things This is the Supreme Power of Princes which we teach that they be Gods Ministers in their own Dominions bearing the Sword and freely to permit and publickly to Defend that which God commandeth in Faith and good Manners c. Princes may Command the Bodies of all their Subjects in time both of War and Peace c. Out of all Question where Princes may by God's Law Command all Men must obey them c. The Prince may discharge the Servant but no Man can discharge the Subject The Word of God teacheth you to obey Princes the words of men cannot loose you BISHOP BILSON of the SUPREMACY LONDON Printed for Thomas Dring at the Harrow at Chancery-Lane End in Fleetstreet William Crook at the Green Dragon without Temple-Bar and William Rogers at the Sun over against St. Dunstan's Church in Fleet-street 1687. To the Right Honorable JOHN Earl of MELFORT Viscount of Forth Lord Drummond of Rickartone c. His Majesty's Principal Secretary of State for the Kingdom of Scotland and one of His Majesty's most Honorable Privy Council in both Kingdoms of England and Scotland c. MY LORD AS the Historian hath told us of Ireland that long ago while the Arts and Sciences were generally banish'd from the Christian World they were enthroned in Ireland and that Men were sent thither from other Parts of Christendom to be improved in Learning so I have elsewhere observ'd that in some late Conjunctures and particularly during the turbid Interval of the Exclusion men might well be sent to Scotland to learn Loyalty And I having taken occasion in the first Part of this Discourse to shew my self a just honourer of that Country and as I may say somewhat like a Benefactor to it by sending thither the notices of some pass'd great Transactions that might possibly there give more light and life to the Moral Offices of Natural Allegiance or Obedience did hold my self obliged in Common Justice to address this Part of my Work to your Lordship For as your Station here qualifies you beyond other Subjects to receive what Tribute is offer'd to your Country so your handing it thither will necessarily make it there the more acceptable And when I consider with what an incomparable Tenderness for the Monarchy and its Rights so many of the Statutes of Scotland since the Year 1660. have been adorn'd I am apt to think that any matter of Presidents or Records by me recover'd out of the Sea of time where they lay so long useless and neglected and now happening to be serviceable to those Moral Offices before-mention'd would by the so many in that Kingdom devoted to consummate Obedience and Loyalty be more valued then if I could have imported into that Realm another such Treasure as that which lay so long buried in the Ocean near the Bahama Islands and that whoever Contributed to your Loyal Country any Substantial Notions that might enrich it in the discharge of the Duties of the born and sworn Allegiance would be esteem'd there as some way sharing in the honour of Arauna in giving like a King to a King. Long may your great Master live happy in the Enjoyment of the faithful Services of so vigilant a Minister as your Lordship who by the universality of your Knowledge accompany'd with universal Charity for all Mankind have appear'd to be born as I may say for the time of his most glorious Reign the time chosen by Heaven for Mercies Triumph on Earth Nothing vulgar was to be expected from a Person of your Lordship's extraordinary intellectual and moral Endowments and in whom the Loyalty and other Virtues of your many noble Ancestors have as it were lived extraduce And the World would be unjust to you if it acknowledged not its great Expectation answer'd by your greater Performances and particularly by your having been so eminently Ministerial in the Easing both the Cares of your Prince and of all his Subjects too by the Figure you have made in promoting the Ease of his People's Consciences and in further ennobling and endearing the Name of DRUMMOND by your Lordship's Prosecuting that by the Bravery of Action which the HISTORIAN of that your Name did by Words when he transmitted to Posterity the most Christian and Statesman-like Speech of Liberty of Conscience I know extant and as spoke by a Roman-Catholick Councellor in Scotland to King Iames the Fifth I most humbly kiss your Lordship's Hands and am My Lord Your Lordships most Obedient Servant P. P. THE OBLIGATION Resulting from the Oath of Supremacy To Assist and Defend the Pre-eminence or Prerogative OF THE Dispensative Power Belonging to the KING his Heirs and Successors c. PART I A. IN this Kingdom of England so naturally of old addicted to Religion and vehemence in it as to give a Bishop of Rome cause to complain he had more trouble given him by Applications from England about it then from all the World beside and afterward to make Geneva wonder at the Sabbatarians here exceeding the Iewish strictness and to cause Barclay in his Eupho●…mio to say of the English Nec quicqúam in numinis cultu modicum possunt and that our several Sects thought unos se Coelestium rerum participes exortes coeteros omnes esse did you ever observe hear or read of the style of Tenderness of Conscience so much used as in the year 41. and sometime afterward B. I have not From the Date of King Charles the First 's Declaration to all His loving Subjects about that time wherein he speaks of his Care for Exemption of Tender Consciences till the Date of King Charles the Second's Declaration from Breda wherein the Liberty of Tender Consciences is Provided for the clause of easing Tender Consciences ran through the Messages Addresses and Answers that passed between King and Parliament almost as much as the Clause of proponentibus legatis did run through the Councel of Trent A. But were not their Consciences extremely erroneous who thought themselves bound then to advance Religion by War B. A●… and by a Civil War as you might have added against a Prince of the tenderest Conscience imaginable for that Character he had from an Arch-bishop in his Speech in the Parliament of 40 who said Our Sovereign is I will not say above other Princes but above all Christian men that ever I knew
or heard of a man of most upright dainty and scrupulous Conscience and afraid to look upon some Actions which other Princes abroad do usually swallow and he might have added a Prince the real Tenderness of who●…e Conscience had so often favour'd the nominal tenderness of others who instead of being Tender-hearted Christians were Stiff-necked Iews and who might justly apprehend that it was only duritia cordis instead of Tenderness of Conscience he dispens'd with and as when God dispens'd with the Iews in Polygamy For since Tenderness of Conscience doth necessarily render a man abstemious from things lawful and to be of a gentle submissive temper not only to his Equals but Inferiors and to be merciful even to brute Creatures and not only averse from suing any one about Penal Lawes but ready to remit somewhat of his Right rather then to go to Law with a Stranger and much less with ones Father the Pater Patrioe seeing any men outraging the Lawes and the quiet of the whole Realm by that wilde brutish thing call'd War for ferinum quiddam bellum est might well judge them utterly devoid of all Tenderness of Conscience I shall therefore frankly tell you that no doubt but their Consciences were extremely erroneous or rather sea●…ed Our great Writer of Conscience Bishop Sanderson in his Sermon on Rom. 14. 13. discussing the Causes from which mens doubtfulness of mind may spring and saying that sometimes it proceeds from Tenderness of Conscience which yet is indeed a very blessed and a gracious thing doth very well add but yet as tender things may sooner miscarry very obnoxious through Satan's diligence and subtlety to be wrought upon to dangerous inconveniences And if we Consider that a Civil War cannot be lawful on both Sides however a foreign one may we may well account that any deluded melancholy People who were tempted to raise a Civil War out of a blind Zeal for Religion and to assault the Thirteenth of the Romans out of the Apocalypse had hard Spleens instead of tender Consciences and that they have soft Heads instead of tender Hearts who try to make Religion a gainer by War. But indeed the Project of planting Religion and Propagating the Church by War that is described to be Status humanoe Societatis dissolutoe and that so presently opens to all mens view the horrid Scene of Contempta Religio Rapta profana Sacra profanata is so vain that the old Proverbial Impiety of such who did castra sequi how victorious soever hath naturally help'd to make Conquering Nations embrace the very Religion of the Conquered a thing exemplify'd in the Conquests of the Danes and Sa●…ns in England of the Gothes in Italy and France and Spain and of the Moors in Spain and in the Turks having overcome the Saracens embracing the Saracens Religion And the Vanity of Reforming the World by War that Profound and Conscientious Statesman Cardinal D'Ossat in his Third Book 86th Letter and to Villeroy A. 1597. hath well taught us and where he mentions how he urged to the Pope the reasonableness of Harry the 4th's so religiously observing the great Edict of Pacification and that the many Wars made again and again by Hereticks serv'd for nothing but in many places to abolish the Catholick Religion and in a manner all Ecclesiastical Discipline Iustice and Order and to introduce Atheism with the Sequel of all sorts of Sacrileges Parricides Rapes Treasons and Cruelties and other sorts of wickedness c. and afterward that on the making War all the Malecontents all People indebted and ne●…ssitous all Debauchees and Vagabonds all Thieves and other Criminals whose Lives were become forfeited to the Law of what Religion or Opinion soever they were were wont to joyn with the Hugonots and did more harm to the Church and Religion and good manners in one day of War then they could in a hundred days of Peace Thus ●…e who ●…its in the Heavens had them here in derision while they in effect thus presumed to transprose Scripture and to say Glory to God in the highest and on Earth War and ill will towards men and while according to that Saying in Arch-bishop L●…d's famous Star-Chamber-Speech viz. No Nation hath ever appear'd more jealous of Religion then the People of England have ever been they were under such Transports of misguided Zeal as to adore that their jealousie and to offer Sacrifices to it with as much Contempt of Heaven and Cruelty to Mankind as ever were offer'd to the image of Iealousie referr'd to by Ezekiel and to which the tenderest of their Relations were not thought too costly Victims and to which their truly Tender-Conscienced King who like Moses with Tenderness carried them in his Bosome as a Nursing-Father beareth the sucking Child and who sometimes out of Tenderness to several of his Complaining Children Sacrificed the rigour of his Penal Lawes and to whom they should have been subject for that Tender thing Conscience sake was himself at last Sacrificed How did that Pious Prince sometimes in relation to his Heterodox Protestant Subjects imitate the Father of the Prodigal who when his Son was yet afar off ran to meet him fell on his neck and kiss'd him a thing acknowledg'd by an Eminent learned Divine Mr. Iohn Ley in his Book call'd Defensive Doubts Hopes and Reasons Printed in the year 1641. and where in p. 123. urging the Bishops to procure the Revocation of a late Canon of the Church and having said wherein if they appear and prevail they need not fear any disparagement to their Prudence by withdrawing that they have decreed since the wisest Statesmen and greatest Governors have used many times to comply so far with popular Dispositions as to vary their own Acts with relation to their liking as the Pilot doth his Soils to comply with the wind he addeth And you cannot have a more authentic Example both to induce you to this and to defend you in it from all Imputations then that of our Sacred Sovereign who rather then he would give any Colour of Complaint for aggrievances to his People was pleas'd to DISPENSE with the five Articles of PERTH's Assembly and to discharge all Persons from urging the Practice thereof upon any either Laick or Ecclesiastical Person whatsoever and to free all his Subjects from all Censures and Pains whether Ecclesiastical or Secular for not urging practising and obeying any of them tho they were es●…ablish'd both by a General Assembly and by Act of Parliament King Charles his large Declaration of the ●…umults in Scotland p 370. p. 389. And for his OWN Acts for these Articles of Perth were propounded and ratify'd in the Reign of his Royal Father he imposed the Service Book the Book of Canons and high Commission upon his Subjects in Scotland and upon their humble Supplication was content graciously to grant a Discharge from them passing his Princely Promise that he would neither then nor afterwards press the Practice of them nor any
shall further But I conceive it here necessary for me to acquaint your Lordship that I have been often put to it as speaking cum vulgo grosso modo and for brevity's sake to use the aforesaid Expression of Dispensing with Disability and with Disability incurr'd by Act of Parliament that is with what is generally enacted to be incurr'd and SEEMS to be alike incurr'd by all Persons who perform not what the Act enjoins and which Dispensing with Disability is frequently used in popular discourse for the pardoning it and for the liberatio à poenâ and as the Lord Chief Iustice Vaughan's Report by me so much cited mentions dispensing to have been defined by some of the Iudges But to a judgment so vastly comprehensive and profoundly penetrating as your Lordships the dispensing with Disability must easily appear to be properly meant of the preventing it and the dispensing with what might Cause it according to the style of Queen Elizabeth's Letters Patents or effect the actual incurring of what will reverâ be incurr'd by the Persons not exempted by Dispensation from the doing what the Law enjoins and which will be made to appear obvious to every man's understanding in one of the following Parts and wherein I shall have occasion to speak less cum vulgo and more closely and accurately of the Nature of Dispensing and of its effects in either forum then yet I have had And now having Named that Great Queen I shall not doubt but since the Members of the Church of England do now under our most puissant and most just Monarch find themselves as secure in the Profession of the Religion by Law establish'd as they did in her great and glorious Reign it will upon recollection of thought appear as natural to them to hold themselves obliged to shew the same tenderness for every branch of Prerogative and particularly for that of the Dispensative Power that was then so remarkable in Parliament and throughout the Realm My Lord Your Lordship 's most Obedient Servant P. P. PART II. B. I again bid you welcome and am ready to go on where we last left off and do not in the least doubt of your welcoming any thing I can say to you that may import you to know in order to your sworn assistance and defence of every Privilege belonging to the Crown And I shall frankly tell you that you and other Protestants who in a late Conjuncture did shew a more then ordinary zeal against Popery or Papal Usurpations ought to consider that you have thereby put your selves under an especial Obligation of tenderness ●…for all the rights of your Prince and of hating all popular Usurpations or diminutions thereof with an exemplary and most perfect hatred and of thereby avoiding the being judged hypocrites and factious A. I do herein most fully agree with you and that the late zeal of the same Persons against papal Usurpations and for popular ones was a scandal to the Age. I remember you once observ'd to me how tender the Protestants in the times of Queen Elizabeth and King Iames the first were of every Right and Privilege of the Crown with the most perfect tenderness while the Attaques from the Court of Rome against those Princes had made the highest Ferment in the minds of the Populace But I think there never was any Conjuncture of time here when so many of the declaimers against Popery and so many of the fautors of Plot-witnesses were so much at the same time for a Plot and no Plot and for a King and no King that is to say did so much make a stalking-horse of Popery whereby to strike at Prerogative B. But you know that the talk of Plots and Popery was before apply'd to that use You know Archbishop Laud in his Star-chamber Speech A 1637. mentions it p. 11. as the scope of the Libellers of the Faction to kindle a jealousy in Mens minds that there were some great Plots in hand to change the Religion established and to bring in I know not what Romish Superstition And the history of those times sheweth you how the Men that cry'd up Plots then did decry Prerogative And in the Conjuncture of 41. the famous Protestation of May the 5th that year begins with Out-cries of Designs of Popish Priests and Iesuits and other Papists and their PLOTS and CONSPIRACIES and the Preface of the Covenant runs on in the style of ●…loody Plots and Conspiracies But you likewise know the dismal state of Prerogative in those times then occasion'd by raising of those false Alarms of Plots And I may account it as a beneficial Providence to the Age that shortly after our last Plot-Epoche M r. Hobbs his History of the Civil-Wars coming first out in print through the License of the Press and having been reserved to the detecting then the artifices of the Demagogues that produced the Usurpations between the Years 1640. and 1660. the Book notwithstanding all the prejudice against the Author whether just or unjust being writ with so much strength and beauty of Wit as to make it fly like lightning round the Kingdom in so many Impressions did then prove to many ingenious and thinking Men an effectual Antidote against the poysons of those old Artifices then again scatter'din the Press being so destructive to Loyalty as heretofore Sir Iohn Davis in his Report of the Case of praemunire Hil. 4. Iacobi doth but right to the loyalty of Roman Catholicks and to the genius of the People of England when he saith there That the Commons of England may be an example to all other Subjects in the World in this that they have ever been TENDER and sensible of the wrongs and dishonours offer'd to their Kings and have ever contended to upheld and maintain their Honour and Soveraignty And their Faith and Loyalty hath been generally such tho every Age hath brought forth some particular M●…nsters of disloyal●…y as no pretence of Zeal of Religion could ever withdraw the greater part of the Subjects of submit themselves to a foreign yoke no not when Popery was in its height and exaltation It is therefore no marvel that toward the latter end of the Reign of the late King the very Mobile who had been so zealous against papal usurpations and so fiery in charging ALL Papists with disloyalty did upon their discovery of the artifices of republican deluders to put an inglorious domestic yoke on the Monarchy then think themselves obliged by the universality of their loyal addresses to shew the more extraordinary zeal against any Popular Usurpations And so I account it but natural to you who are made è meliore luto to be ready to shew your most consummate zeal for every Privilege of the Crown A. It is not possible for any Man to wish me more sensible of my obligation in this point then I really am and the rather for that I find so many mens loyalty to be but a kind of loud noisy nothing or a
some mens Minds are involv'd in they can no more alter their beliefs about Transubstantiation then they can transubstantiate themselves into other Creatures and are under a Moral incapacity of preventing another incurred by Law. And therefore as it would be Injustice in a Judge to Punish a man for the Errors of the mind that he knoweth not to be voluntary and for a man 's not putting himself into a Capacity to serve the King by the Professing of the truth in Problematical Points when the King of Kings hath by the not sufficient promulgating of such truth to his understanding render'd him innocent in his disbelief thereof and so long morally uncapable to profess it so by one man's after another appearing thus unable to qualifie himself to serve the King he may be totally unserved I have often heard you complain of the narrow Idea's of the King's Supremacy in some of the Non-Conformists but if you will read the Protestation of the King's Supremacy made by the N●…n-conforming Ministers and Printed A D. 1605. you will find that they have there given in sufficient caution for t●…eir Principles not allowing any of the King's Subjects being disabled from serving him For they having said in § 1. We hold and maintain the same Authority and Suprem●…cy in all Causes and over all Persons Civil and Ecclesiastical granted by Statute to Queen Elizabeth and expressed and declared in the Book of Advertisements and Injunctions and in Mr. Bilson against the Iesuites to be due in full and ample manner without any limitation or qualification to the King and his Heirs and Successors for ever they add in § 2. We are so far from judging the said Sup●…emacy to be unlawful that we are pers●… aded that the King should sin highly against God if he should not assume the same to himself and that the Churches within his Dominions should sin damnably if they should deny to yield the same to him yea tho the STATUTES of the Kingdom should de●…y it to him And they tell you in Sect. 6. that the height of the King 's Royal Dignity consists in his Supremacy It is thus likewise a kind of familiar or Vulgar Error among Protestants to think that in the ●…ncient times this Fundamental Assertory part of your Oath t●…at the King is the only Supreme Governor of this R●…alm was not allow'd Long before the Rescript of the University of Oxford to Henry the 8th A. 1534. mention'd that he was next under God their happy and Supreme Moderator and Governor and on which being brought into the Parliament House an Act passed whereby the King was declared Supreme Head and Governor of the Church and long before it was declared by the Parliament 16. R. 2. c. 5. that the Crown ●…t England hath been so free at all times that it hath been in no earthly subjection but immediately subject to God in all things touching the Regality of the same Crown and to none other and long before Bracton's writing in the Reign of H. 3. Omnis quidem sub Rege ipse sub nullo sed tantum sub Deo and ipse autem Rex non debet esse sub homine sed sub Deo. c. you will find if you look into Coke's 4th Instit. c. 74. that in the Law before the Conquest the style runs Rex autem quia Uicarius summ●… Regis est ad hoc est constitutus ut Regnum ter●…enum populum Domini super omnia sanctam veneretu●… Ecclesiam ejus regat c. and where he tells you of the style of King Edwin in his Charters viz. of Ang●…orum Rex totius Britannicae tel●…uris Gube●…nator Rector And he there refers likewise to several Grants made by Ab●…ots and Priors to King E. 4. wherein they style him by these very words Supremus Dominus noster But that he might perimere litem as to the point of the ancientness of the King's Supremacy he there referreth to the judgment of Parliament declared in the Statute of 24 o. H. 8. c. 12. viz. That by divers authentick Histories and Chronicles it is manifestly declared and expressed that this Realm of England is an Empire and so hath been accepted in the World govern●…d by one Supreme Head and King c. unto whom a Body-Politick compact of all sorts and degrees of People divided in terms and by names of Spiritualty and Temporalty been bounden and owen to beat next unto God a natural and humble Obedience c. And here I am led to tell you that as it is on this Foundation of the King 's being the Supreme Governor and Ruler of all sorts and degrees of men thus anciently acknowledged by our Roman Catholick forefathers that the Regal Power of Dispensing with the Laws that were Penal by Incapacity and particularly in order to the Crown 's being enabled to command the Obedience and Service of all Estates and Degrees of men was built so it is on the same that the Usurpations of the Papal Dispensative Power of that kind were opposed I shall before we part give you instances hereof A. I thank you but shall here tell you that the Expression you used just now about the King being disabled by his Subjects being so hath overcast my thoughts with some kind of horror B. I cannot help it but if you will have me speak with the frankness of a Philosopher concerning the Nature of things the disabling of the Subjects must have that effect in Nature and of the disabling of their Country too And I think too you gave me a hint for some such thought at our last meeting If you do but consider the Services done to Monarchs by that abject Nation of the Iews and who by Tacitus were call'd the Vilissima pars servientium and how in our Saviour's time they were serviceable to the Roman Empire in the Collection of the Customs and how much they have been since and still are useful to the Grand Signior and to many Christian Princes by gathering in their Imposts you will easily imagine the loss that would redound to Princes by Religionary Heterodoxy disabling any to serve them It is but natural to men of the most inquisitive and penetrating thoughts to differ from many Points of Theology receiv'd by Princes and their People and since such heterodoxy doth difficult their access to Preferment it is but Natural to them by their working Thoughts and Industry to arrive at the excelling the duller Orthodox in whatever course of life they take and by that means to try to push on their way into their Prince's favour and consequently to have very sharp regrets against any Methods that would incapacitate them for it And as if this Civil Death were to Men of great Thoughts the terrible of terribles and what as hindring them from serving their Prince and Country were like Burying them alive I shall shew you how a Man of great Abilities and who had made a great Figure in the Church