c. This learned and judicious writer thus at once states the point in both these respects My last ground sayes he is That neither King Henry the eighth nor any of his Legislators did ever endeavour to deprive the Bishop of Rome of the power of the keyes or any part thereof Either the key of order or the key of Jurisdiction I mean Jurisdiction purely spirituall which hath place only in the inner Court of Conscience and over such persons as submit willingly Nor did ever challenge or endeavour to assume to themselves either the key of order or the key of Jurisdiction purely spiritual All which they deprived the Pope of all which they assumed to themselves was the external Regiment of the Church by coactive power to be exercised by persons capable of the respective Branches of it This power the Bishops of Rome never had or could have justly over their Subjects but under them whose Subjects they were And therefore when we meet with these words or the like That no forraign prelate shall exercise any manner of power Jurisdiction c. Ecclesiastical within this Realm it is not to be understood of internal or purely spiritual power in the Court of Conscience or the power of the keyes VVe see the contrary practised every day but of external and Coactive power in Ecclesiasticall causes in Foro contentioso And that it is and might to be so understood I prove clearly by it Proviso in one main Act of Parliament and an Article of the English Church Which act article shall be produced afterward The Bishop continues They that is the Parliament profess their ordinance is meerly Political What hath a Political Ordinance with power purely spiritual They seek only to preserve the Kingdom from rapine c. And then having produced the Article he concludes You see the power is political the sword is political all is Political Our Kings leave the power of the keyes and Jurisdiction purely spiritual to those to whom Christ hath left it Nothing can be more express then this so clear a testimony of so judicious a Bishop touching the Kings supremacy in matters Ecclesiasticall acknowledged by Oath Only we must be excused if we assent not to what he affirms touching King Henry the Eighth his not assuming spiritual Jurisdiction 42. Again the same Bishop thus further adds Wheresoever our Lawes do deny all spirituall Jurisdiction to the Pope in England it is in that sence that we call the exteriour Court of the Church the spirituall Court They do not intend at all to deprive him of the power of the keyes or of any spiritual power that was bequeathed him by Christ or by his Apostles when he is able to prove his Legacy To conclude omitting a world of other passages to the same effect he saith We have not renounced the substance of the Papacy except the substance of the Papacy do consist in coactive power 43. Moreover to warrant these explications of three so eminent men of the Protestant Church who write expresly upon the Subject may be added testimonies yet more authentick and irrefragable of our Princes themselves who are to be esteemed unquestionably authoritative interpreters of their own lawes at least in these cases as afore was observed and besides those the publick Articles of the English Clergy yea the Statutes of Parliaments also 44. In an Act of Parliament made in the fifth year of Queen Elizabeths Raign there is an interpretation of the Oath of Supremacy in an express Proviso That the Oath of Supremacy shall be taken and expounded in such forme as is set forth in an Admonition annexed to the Queens Injunctions published in the first year of her Raign The which Admonition was made to take away a scruple raised by some as if the Queen had usurped a Jurisdiction purely spirituall which she renounces professing first that by vertue of that Oath no other Authority is to be acknowledged then what was challenged and lately used by King Henry the eighth and King Edward the sixth This clause is not to be supposed to be any part of the interpretation of the Oath but it is only intended to signifie that this is no new invented usurpation of a Title but that the same had been allowed to those two Kings before her and the same Authority saith she is and was of ancient time due to the imperial crown of this Realm Neither doth she say that she challenges all that those two Kings did as in effect it is apparent she did not but that what she requires had been formerly granted to them And it is evident that if her meaning had been that the Oath should be taken according to that enormous latitude of power allowed and exercised by them such a way of indefinite explication would have been far more burdensome and entangling to conscices then before For that would signifie that all that swear should be obliged to inform themselves in all the clauses of acts of Parliament made by those two Kings and in all the actions performed by them or else they will swear they know not what Her explication therefore is set down clearly and distinctly in the following words by which she declares what that authority is which she challenges and which must be acknowledge in taking the Oath Viz. That is the Queen under God to have the Soveraignty and rule over all manner of persons born within these Realms Dominions and Countries of what Estate either Ecclesiastical or Temporal soever they be so as no other forraign power shall or ought to have any superiority over them 45. This clause according to the Queens interpretation confirm'd by act of Parliament contains the true sence of the Oath so that if this clause can be sworn to that is all that is signified in the form of the Oath say Protestants Now that by this Clause only civil power over all persons Ecclesiasticall is challenged appears by a wrong interpretation of the Oath which she complains to have been spred abroad Viz. as if by the words of the said Oath it may be collected that the Kings and Queens of this Realm possessours of the crown may challenge authority and power of Ministry of Divine offices in the Church She renounces all medling with any Offices purely Ecclesiasticall in the Church as also Doctor Bilson by her authority declares in the forecited words she pretends not to administer Sacraments conferr Orders inflict Ecclesiastical censures determine controversies of faith c. But she challenges a supream civil Authority over all those that have right to exercise those Offices as being her Subjects as well as the Laity And this Jurisdiction she will have acknowledged so to be her peculiar Right as that no forraign power shall or ought to have any superiority over them that is no part of this Regal power whatsoever spiritual Jurisdiction which she medles not withall they may challenge That this is the true sence of this
or repugnant to the Kings Prerogative as now a new head of the Church or to the laws of God By which means without one single voice of the Clergy all former Ecclesiasticall Lawes might be abrogated 4. An authority was allowed to the King to represse and correct all such errours Heresies abuses and enormities whatsoever they were which by any manner of spirituall Jurisdiction might lawfully be repressed c. any forreign Lawes or any thing to the Contrary notwithstanding 5. All manner of Jurisdiction Ecclesiasticall was by Parliament ackowledged to belong to the King as Head of the Church So that no Bishop had any Ecclesiastical Jurisdiction but by under and from the King 6. Supreme Power of dispensing with any Ecclesiastical Constitutions is ascribed to the King and Parliament as recognised Supreme Head of the Church and the Archbishop is made only the Kings Delegate So that in case he should refuse two other Bishops might be named to grant such Dispensations And after all the King and his court of Chancery are made the last Judge what things in such Dispensations are repugnant to Scriptures what not 7. Though the King did not personally himself exercise the power of the Keys yet this right he claimed that no Clergy man being a member of the English Church should exercise it in his Dominions in any cause or over any person without the leave and appointment of him the Supreme head Nor any refuse to exercise it whensoever he should require 8. It was moreover enacted that no speaking doing or holding against any spiritual Lawes made by the See of Rome which be repugnant to the Lawes of the Realme should be deemed heresies As also that whosoever should teach contrary to the determinations which since the year 1540 were or afterwards should be set forth by the King should be deemed and treated as a Heretick So that the King and Parliament are hereby constituted Judges of Heresy 9. In the dayes of King Edward the sixt an Act is made in which the King and Parliament Authorise Bishops c. by vertue of their Act to take informations concerning the not useing the Forme of Common Prayer then prescribed and to punish the same by Excommunication c. 10. There were also appointed six Prelates and six others nominated by the King by the same authority to frame a new forme of Consecration of Bishops c. 17. Hereby it is apparent that a Jurisdiction purely Spiritual was communicated to or assumed by King Henry the eighth this he further shewed by many practises For besides Jurisdiction as if he had the Key of divine knowledge given him by Christ he set forth Books of instructions in Catholick doctrine by his own authority declaring them hereticks that taught otherwise The labour indeed and we may say drudgery of composing those books as also of executing other spiritual functions was left either wholly or in part to the Clergy but when they had done he perused them and and made what additions and alterations he pleased in them and without remanding them to the Bishops caused them to be printed The Book with his Interlinings and Changes is still ex-tant 18. Indeed it was only spiritual Jurisdiction that he by his new Title of Head of the Church sought to deprive the Pope of for he feared not his pretended temporal Power which in those dayes the world was little troubled withal For he stood in need of a power to justify his Divorce and to dispense with the horrible Sacriledge designed by him He was unwilling to be looked on by his Subjects as a Heathen and a Publican and therefore to prevent this danger he devested the Pope and assumed to himself the power of Excommunication also that is not the execution of it but the disposing of of it by Delegation to the Arch-bishop who should execute it according to his will and directions only 19. A further irrefragable proofe that it was a power purely Spiritual which that King challenged by his new Title is taken from the Declaration of Stephen Gardiner Bishop of Winchester the contriver of the Oath as we find it recorded by Calvin himself For saith he when Stephen Gardiner was upon the Kings affairs at Ratisbon he there taking occasion to expound the meaning of that Title of Supream head of the English Church given to King Henry the eighth taught that the King had such a power that he might appoint and prescribe new Ordinances of the Church even matters concerning Faith and Doctrine and abolish old As tamely that the King might forbid the marriage of Priests and might take away the use of the Chalice in the Sacrament of the Lords Supper and in such things might appoint what he lâ—ft A Title thus interpreted the same Calvin vehemently inveighs against calling Gardiner and worthily an impestour and Archbishop Cranmer with his fellowes inconsiderate persons who make Kings too spirituall as if beside theirs there were no Ecclesiasticall Government and Jurisdiction 20. As for his Son King Edward the sixth the same Title with the plenitude of power was given him which he likewise as very a child as he was executed for he by his Authority made Ecclesiastical Lawes to be new reformed Church service and Administration of Sacraments to be changed and new Instructions in matter of Religion to be published quite contrary to what the foregoing Head though his Father had decreed to be Christian Doctrine And the reason was the same because new Sacriledge was to be committed by the Protectour for which he was loath to be excommunicated 21. His elder sister succeeding repealed and renounced this Jurisdiction and restored it to the Church But her younger sister repealed her repealings and took it again when it was in as high language yea higher confer'd on her by Parliament And there was a greater necessity for it than her Brother had For her Mothers Marriage was declared Null by the Pope and consequently her right to the Crown 22. And that this was the design intention of the Parliament in the first year of her Raign when they renewed the Title of her Supremacy in Church matters though they blushed to call a Woman Head of the Church may sufficiently be collected from a Speech yet extant and made in that Parliament upon that occasion by the then Lord Chancelour Nicholas Heath For arguing very strongly against the said Title and the Authority imported by it he takes it for granted that by giving the Queen such a Title they must forsake and fly from the Sea of Rome the inconveniencies of which he desires may be better considered In the next place he recommends to their Advice what this Supremacy is For sayes he if it consist in Temporal Government what further Authority can this House give her then she hath already by right of Inheritance and by the appointment of God without their Gift c. But if the Supremacy doth consist in
and accordingly in many particulars practised it to the which several clauses also both in this and following Statutes seem as if they gave warrant yet the Parliament by the said Provizo laid a ground how they might in future and better times shew how they meant no such thing The words are these PROVIDED alwayes that this Act nor any thing or things therein contained shall be hereafter interpreted or expounded that your grace your Nobles and Subjects intend by the same to decline or vary from the Congregation of Christs Church in any things concerning the very Articles of the Catholick Faith of Christendom or in any other things declared by holy Scripture and the word of God necessary for your and their Salvation but only to make an ordinance by policies necessary and convenient to repress vice and for good conservation of this Realm in peace unity and tranquillity from rapine and spoil insuing much the old ancient customes of this Realm in that behalfe Not minding to seek for any reliefes succours or remedies for any worldly things and humane lawes in any case of necessity but within this Realm at the hands of your Highness your Heirs and Successors Kings of this Realm which have and ought to have an imperial power and authority in the same and not obliged in any worldly causes to any other Superiour By this Proviso never repealed the Parliaments Ordinance is declared to be meerly Political that the Kings Independence on forraign power is in worldly things and humane lawes he being in worldly causes not obliged to any other Superiour 50. Thus far of the sence in which both the most judicious among the English Protestants have declared and have been authorised to declare what power it is that by the Oath is deferred to the Kings of England and renounced to be in any forraign Prince or Prelate to wit a civil Political power wheresoever it can be exercised in any causes Ecclesiastical c. Against this there is not extant a contradictory Testimony of any one Protestant Writer So that the Protestant Subjects of England do intend and judging that they have unquestiónable grounds to judge this only to be the sence of the Oath in this sence only do they take it and require it to be taken by others SECT VII In what sence the Oathes of Supremacy and Allegiance seem to be taken by Presbyterians Independents c. 51. IT is a wonderfull Mystery how it should come to pass that our English Prebyterians c. should especially now of late with so much willingness and greediness themselves swallow these Oaths and so clamorously not without threatning urge the imposing them upon others Is it because the Oath of Supremacy has so peculiar a conformity to their principles and that of Allegiance to their practises or that they are so ready and pressing to disclaim and condemn all that themselves have done these last twenty years 52. First for ther Doctrinal principles I do not find that any of those Sects of late in England in peaceable times have publickly declared in what sence they allowed his Majesty to have a supreme Jurisdicton in causes Ecclesiastical or Spiritaul as to themselves But as to the oppression and destruction of poor Roman Catholicks they have alwayes shew'd too great a willingness to exalt the Kings Authority and to draw out and sharpen his sword far more then himself was willing I do not find that any of them have busied themselves as a world of Protestants and Catholicks have with making discourses upon the Oathes Their silence in this point wherein they are doubtless much concern'd one way or other is surely very argumentative 53. Who ever knew or heard to flow from the tongue or drop from the pen of a Presbyterian so Christian a positon as is sincerely avouched both by English Protestants and the generall body of Roman Catholicks viz. That even in case a Christian or Heathen Prince should make use of his civil power to persecute truth that power ought not upon any pretences to be actively resisted by violence or force of armes but though they cannot approve they must at least patiently suffer the effects of his misused Authority leaving the judgment to God only How unknown at least how unreceived such a Doctrine has hitherto been among their Brethren abroad will but too manifestly appear in a volume entitled Dangerous positions collected by Archbishop Bancroft out of severall books written by Calvinisticall preachers What judgment their patriarch Calvin made of King Henry the eighths new Title of the Head of the Church we have seen before And what an exception terrible to Princes the French Calvinistical Church hath made in their confession of Faith speaking of Obedience due to the supreme Magistrate appears at least every Sunday in all their hands in print Where they acknowledge such obedience due to them except the Law of God and religion be interested or to use their own expression mogennant que l'empire de Dieu demeure en son entire that is upon condition that Gods Soveraignty remain undiminished Which clause what it means their so many and so long convinced Rebellions do expound 54. And as for their practices in England and Scotland it were to be wished they could be forgotten especially all that has hapned the last twenty years And it may suffiice only in gross to take notice that the most efficacious Engin for begining the late war and engaging their party in the prosecution of it was a publick declaration that their design was to root out Popish Doctrines favoured by the King and Bishops to abolish publick Formes of Church-service and to destroy Episcopacy and Church Government root and branch which had been established in England by the universal authority of the whole Kingdom 55. These things considered is it not a great Mystery that such persons of such perswasions should be so zealous to take and impose generally either of these Oaths To think that they do knowingly directly and formally forswear themselves and force others to do so would be uncharitable Therefore an Evasion they have to secure themselves in their own opinions from perjury How little they deferr to Kings in their own Ecclesiastical matters and Government yea how they declare that none must be excepted from their consistories and Synodical Jurisdictions even externally coercive is evident both in Scoâ—land and elsewhere And it is observable that in the form of an Oath lately contrived in Scotland the word Ecclesiastical is studiously left out How comes it then to pass that they can in England swear that the King is supreme Head and Governour in all causes Ecclesiastical or spirituall Who can reconcile these things together in such a sence 56. Surely it will be extremely difficult if not impossible to imagine any colourable Evasion or pretext for cousening themselves except it be this That both the Oaths were made only against Roman Catholicks acknowledging the Pope to be supreme
Protestants know that the first invention of this Oath was to explore the consciences of Catholicks and to tempt them to Schisme by renouncing the Spiritual Authority of the head of Gods Church which under perill of damnation they cannot do They would not perhaps find so great difficulty without swearing only to say That the King alone is the supreme Governour in all matters Ecclesiastical within his Dominions c. when they are obliged to say this to persons that acknowledge with them such power to be only Civill But an Oath to Catholicks is a thing so dreadful that they dare not call God to witnesse that they sincerely swear an acknowledgement that the Pope has not nor ought to have any Superiority Ecclesiastical or Spiritual unlesse it might be permitted them at the same time in the same breath to signify that this is intended of Civil Kingly Authority in Ecclesiastical causes They tremble to swear in a phrase at the best ambiguous or rather not ambiguous but formally contradictory to Catholick Doctrine for all the words that they pronounce and of their acknowledgment whereof they make God a witnesse are such as they are perswaded to be manifestly erroneous Now God is called a witnesse to what men say in an oath not to what they think unless they think as they say 80. But moreover there is another consideration that is more than sufficient to make the taking of this oath inconsistent with Catholick Religion and that is the difference that King James Bishop Andrews c. put between the two oathes of Supremacy and Allegiance in regard of their End and intention For sayes King James The Oath of Allegiance was not framed against Roman Catholicks in general but only to make a separation between Catholicks of a peaceable disposition in all other things good Subjects and such Roman Catholicks as maintained the Rebellious Maxims of the Powder-traitours But as for the Oath of Supremacy the intention of the continuation of it was to the end to discover who were Roman Catholichs and who Protestants So that whosoever takes that Oath is presumed by King James c. to declare that he is no Catholick Bishop Andrews has the like expression but withall he discovers the usesessness of that oath For saies he what needs any oath at all to detect who are Roman Catholicks For they refuse to be present at the Protestants Church service they will not come to our Sermons they dare not receive the Eucharist with us c. So that without any oath you may easily know who are Roman Catholicks 81. Lastly the principal proof by which Protestants demonstrate that by the Oathes no other Authority or Supremacy is given to our Princes but civil only which is the 37 Article of the English Church though it be sufficient to clear the Affirmative part of the oath yet not so for the Negative concerning the Popes spiritual Jurisdiction Yea in the same place it is expresly excluded For the words following in the same Article do apparently give and require a very uncatholick sence of that Negative Clause for there is expressely affirmed The Bishop of Rome hath not any Jurisdiction in this Kingdom Now since both King James Bishop Andrews and the thirty seventh Article even in the very same places where they speak of Kingly and papal power do as the former rightly state the Kingly and leave the Papal Spiritual power indifinitely excluded their intention appears to have been to declare against and require an abrenunciation of a Catholick point of faith 82. Upon these grounds Catholicks dare not but refuse to take the Oath of Supremacy Perhaps by the new unlawful art of Casuistry some of them might think they could find evasions but generally such is the tendernesse of their consciences that they dare not think it lawful to make advantage of Casuistry in a Solemn Oath Very likely Protestants will call them nicely scrupulous foolish or improvident for this their tendernesse of conscience But sure they will not suspect them disloyal who attribute as much Authority to the King as themselves do and if it were permitted them to confirm this by a clear Oath in their own language they would not yield to them in the fullnesse of the expression If hereafter they are resolved not to grant them any ease from their pressures if a harmlesse scrupulosity in Catholicks shall bear those penalties which direct rebellion in others escapes If to satisfy the passion of not very good Subjects those that are truly loyal shall be treated as Rebells and their religion only punished indeed however that will not be acknowledged by those that punish it all that remains for Catholicks to say is Dominus judicabit fines terrae SECT IX Vpon what grounds some Catholicks make scruple to take the Oath of Allegiane 83. NExt followes the Oath of Allegiance framed by K. James upon the greatest provocation and an attentat the most execrable the most abhorred by the whole body of Catholicks both at home and abroad and the most scandalous to Christian Religion that ever was This oath affords also matter of wonder to Protestants Why Catholicks who acknowledge the Kings supreme civil authority should make any scruple to take it since it was never meant against such 84. But they may impute only to themselves the cause of such a refusal for by some incommodious phrases unnecessarily thrust into it they have frighted many from taking it and as if they had conspired with that one too well known party which alone gave occasion for the framing it they have given them advantage for those unnecessary phrases sake to fix upon all the Refusers a scandalous however unjust imputation as if they approved these abominable principles from which flowed that more abominable Attentat which deservedly wrung extreme severity from a Prince the most element that ever this Nation formerly had enjoyed 85. In the following Reflexions therefore upon this Oath justice requires that we should divide between the innocent and the guilty between those that not in this Kingdom only have made that Principle of Disloyalty their distinctive Charter and those that are ready to renounce that Principle if they might be allowed to renounce it by any other though more Emphatical expressions 86. As touching the former unhappy party it is observable that at the first publishing of the Oath there were in every line and almost particle of it pointed out by them a several Heresie All which Heresies are now at last vanished excepting only one which is that by which there is enjoyned a renouncing of that so bruited Article of Faith touching the Popes power of deposing Princes not for Heresie only but almost any other fault that shall be esteemed sufficient to deserve it 87. This pretended Article of Faith is by such new De-fide-men grounded either upon the Actions of certain Popes since Pope Gregory the seventh which both for their own sakes and ours it is to be
with the Titles of impious seditious infamous to Popes ruinous to States c. 96. Yea moreover within these six Moneths a certain Priest of the Hermitage of Caen called Fossart a known Emissary of that society having in his publick acts for a degree in that University advanced this proposition That the Pope has a Soveraign Authority in Temporals as well as Spirituals and that he has power to depose and constitute Kings though to evade a censure he Interpreted his Assertion saying that he understood that power of the Pope to extend only to Tyrants notwithstanding by a Decree of the whole faculty of that University both his proposition and exposition of it was censured to be impious pernicious seditious and in all regards to be detested and as such it was by them condemned And the same Fossart being after this imprisoned was sentenced by the presidial Court of Justice in Caen publickly and bare-headed to acknowledge that the said propositions were false contrary to the holy Decrees of Councels to the fundamental lawes of that Kingdom and to the liberties and rights of the Gallican Church 97. Such is the judgment of the Ecclesiasticks and State of France of this Article of Faith from which was issued rivers of blood during the Ligue there As zealous against the Temporall power of Popes has the State of Venice shewed it self And if other Catholick Kingdomes have not done the like it is because they have not had such dismal occasions and provocations to declare their minds In Spain indeed the Schools are connived at to preserve it from extinguishing because by its assistance a great part of Navarre has been annexed to that crown and some hopes of England too gave it credit there But yet when the Court of Rome would interpose in temporal matters there without the Kings liking he is as boldly resisted as in any other Catholick Kingdome besides 98. And as for the Church and State of England I mean even in former times when Catholick Religion most flourished here and when Church-Men had the greatest power what sign can be shewed that the foresaid Decree and the new article of Faith was admitted either in Parliaments or Synods Yea so far were they from acknowledging the Popes deposing power or Supremacy in Temporals that Statutes were then made and the penalty no less then a Praemunire against any that without the Kings licence should make any Appeals to Rome Or submit to a Legats Jurisdiction Or upon the Popes Summons go out of the Kingdom or receive any Mandats or Briefs from Rome Or sue in a forrain Realm for any thing for which the Kings Courts took Cognisance Or for impeaching a judgment given in the Kings Courts Or for purchasing Bulls from Rome for presentments to Churches anâ—iently sued for in the Kings Courts in the time of all his Progenitors And it is very observable that in the Act where the last Ordinances were made we find this expression To this all the Bishops present and all the procuratours of the absent unanimously assented protesting against the Popes translating some Bishops out of the Realm and from one Bishoprick to another And moreover the ground of their rejecting the Popes usurpations in temporal matters is there thus expressed For that the Crown of England is free and hath been free from earthly subjection at all times being immediately subject to God in all things touching the Regalities of the same and not subject to the Pope 99. All these lawes and many other of the like kind all the Kings Catholick Subjects knew and willingly submitted to without any prejudice to their beliefe that the Pope was the supreme pastour of Gods Church in spiritualibus And all these Lawes are still in force and the penalty of them no less then a premuniâ—e Our De-fide-men are not much concern'd in all this but sure persons of honour and loyalty and such as have Estates in the Kingdom are very deeply interested 100. And now let any English Catholick judge what reception such a decree or Article of Faith would have had in England in those most Catholick times if they had been proposed Those that were so jealous of the least deminution of the Kings temporal power in matters of the smallest consequence and that imposed the greatest penalty but death upon transgressours that is upon all Factours for the gaining to the Court of Rome any illegal temporal Authority with what indignation would they have heard only the mentioning of the reception of such a Decree And yet those Lawes were made not long after that Councel had been assembled whereby it is apparent that they were ignorant of it Those that would not suffer the least flower of this imperial Crown to be ravished from it would they admit a power and forraign Jurisdiction to take the Crown it self from the Kings head and afterward the head it self from his Shoulders 101. It is true the teaching of such an Artiâ—le of faith brings very great temporal commodities to those few that have the cruelty to their Country to become the preachers and Apostles of it great favour and power they gain thereby abroad and therefore they will take it kindly at the hands of English Catholicks if for a mere Secular advantage of theirs they will be content to Sacrifice their own Estates Honours Families and lives as traytors to the lawâ—s and withall bring an unavoydable scandal to Catholick Religion besides But truly this is too dear a rate to be paid for such a commodity 102. A man would think that such Apostles should be content yea and by their own Doctâ—ine of probability should be obliged to grant this Doctrine of the Popes deposing power to be somewhat less then an Article of Faith The opposition of the whole State Ecclesiasticks of France against their single forces surely may be available to make it pass at least for a probable Opinion But this they must not allow because if it be not an Article of Faith unless infidelity to Princes be de fide it signifies juâ—t nothing neither can it have any effect at all For certainly no Law nor justice wil permit that an Authority only probable and therefore questionable can dispossess Kings of their right to a Supremacy in temporals in which they are actually instated So that such an Authority can only have force to dispossess Princes already dispossessed 103. However they would esteem themselves much bound to any other learned Catholicks among us if they would condescend to grant that it is only probable that it is a point of faith and decree of a General Councel But in vain will they expect such a compliance For by granting only so much it will necessarily follow 1. That all the so rigorous censures given of it by the Parliaments and Vniversities of France have been most temerarious and damnable For what can be more horrible then to call a Doctrine impious seditious detestable c. which probably is a
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 disloyalâ—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 Sâ—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
the only supream Governour of this Realme and of all other his Highnesse Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as Temporall And that no Forreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Pre-eminence or Authority Ecclesiastical or Spirituall within this Realme And therefore I do utterly renounce and forsake all forraign Iurisdictions Powers Superiorities and Authorities And doe promise that from henceforth I shall bear faith and true Allegiance to the Kings Highness his heirs and lawful Successours and to my power shall assist and defend all Iurisdictions Priviledges Pre-eminencies and Authorities granted or belonging to the Kings Highness his hâ—irs and Successours or united and annexed to the imperial Crown of this Realme So help me God and by the Contents of this book 11. The tenor of the Oath of Allegiance is this viz. I A. B. do truely and sincerely acknowledge professe testify and declare in my conscience before God and the World that our Soveraign Lord King CHARLES is lawful and rightful King of this Realme and of all other his Majesties Dominions and Countries and that the Pope neither of himself nor by any authority of the Church or Sèe of Rome or by any other means with any other hath any Power or Authority to depose the King or to dispose any of his Majesties Kingdomes or Dominions or to authorise any forreign Prince to invade or annoy him or his Countries or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty or to give licence or leave to any of them to bear Armes to raise tumults or to offer any violence or hurt to his Majesties Royal Person State or Government or to any of his Majesties Subjects within his Majesties Dominions Also I do swear from my heart that notwithstanding any Declaration or sâ—ntence of Excommunication or Deâ—rivation made or granted or to be made or granted by the Pope or his Successours or by any Authority derived or pretended to be derived from him or his Sèe against the said King his Heirs or Successours or any Absolution of the said Subjects from their Obedience I will hear faith and true Allegiance to his Majesty his Hâ—irs and Successours and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shal be made against his or their Persons their Crown or dignity by reason or Colour of any such sentence or declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesties Heirs and Successours all Treasons and Traiterous conspiracies which I shall know or hear of to be against him or any of them And I do further swear that I from my heart abhorr detest and abjure as impious and hereticall this damnable doctrine and position That Princes which be excommunicated or deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do believe and in my conscience am resolved that neither the Pope nor any person whatsoever hath Power to absolve me of this oath or any part thereof which I acknowledge by good and full authority to be lawfully ministred unto me And do renounce all Pardons and dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to these expresse words by me spoken and according to the plain and common sense and understanding of the same words without any equivocation or mental evasion or secret reservation whatsoever And I do make this recognition and acknowledgment heartily willingly and truly upon the true faith of a Christian So help me God 12. These are the formes of the two Oathes Both which if they be understood according to the proper and natural sence of the words import that there being only two kinds of Jurisdictions viz. Spirituall and Temporal both which are named here the King within his Dominions is equally the Fountain and Root of them both So that whosoever exercises any office or Magistracy either in the State or the Church does it and must acknowledge so much meerly by communication from the King or a participation of so much of his power as he is pleased to impart Upon which grounds it will follow not only that no forraign Prince Prelate c No Assembly or Councel of Bishops though never so Oecumonical hath right to any superiority or Jurisdiction within these Kingdomes but also that whatsoever any Bishop or Priest in the Kingdom c. acts in matters duties purely Spiritual as conferring Orders Ecclesiastical inflicting censures administring Sacraments c. they do all this with a direct subordination to the King as his Delegates or Substitutes insomuch as if he pleases he may himself exercise all those functions personally and may according to his pleasure suspend the execution of them in all others 13. All this plainly seems to be the true importance of the Oathes neither will any Stranger or dis-interessed person reading them frame to his mind any other meaning of them though certain it is that our four last Princes have not intended that all that took them should accowledge all this that is imported by them Neither is there at this day any Church or Assembly of Christians nor perhaps any person unlesse it be the Authour of Leviathan that taking these Oathes will or can without contradicting his belief mean all that the formes and clauses of them do directly properly and Grammatically signify as shall be Demonstrated SECT IV. Reflections upon these two Oathes in grosse 14. IT well deserves to be considered what was the occasion of framing this Oath of Supremacy by K. Henry the eighth and what power he received or at least executed by vertue of such Acts of Parliament as enjoyned the taking of it c. 15. The Title of Supream head and Governour of the Church of England was first given to King Henry the eight in a Petition addressed unto him by the Bishops obnoxious to a Praemunire for having submitted to Cardinal Wolsey's Legantine power without the Kings assent Now how far this new Ecclesiastical power of the King was intended to extend will appear by following Acts of Parliaments and by the Kings own proceedings in vertue thereof 13. It was enacted by Parliament 1. that no Canons or Constitutions could be made by the Bishops c. and by them promulgated or executed without the Kings command 2. Yea the Clergy were forced to give up also their power of executing any old Canons of the Church without the Kings consent had before 3. All former Constitutions Provincial and Synodal though hitherto inforce by the authority of the whole Church at least Westerne were committed to the abitriment of the King of sixteen Lay persons and sixteen of the Clergy appointed by the King to be approved or rejected by them according as they conceived them consistent with
Spiritual Government then it would be considered what the spiritual Government is and in what points it doth chiefly remain I find sayes he in the Gospels that when Christ gave to St. Peter the Supreme Government of the Church he said to him Tibi dabo claves Regni coelorum c. That is I will give thee the keyes of the Kingdom of Heaven and whatsoever thou shalt bind on Earth c. Now if you mean to give to the Queen that Authority which our Lord gave to St. Peter if you will say Nos tibi dabimus claves Regni coelorum c. We will give to your Majesty the keyes of the Kingdom of Heaven I pray you shew your Commission by which you are authorised to make such a Gift Again for the same purpose Our Lord said to St. Peter Pasce c. Pasce c. Pasce c. Feed my sheep Feed my sheep Feed my lambs As likewise Tu aliquando conversus confirma fratres When thou art converted confirm thy Brethren Now if you mean to say so much to the Queen let us see your Commission and withall consider whether her person being a Woman be in a capacity to receive and execute such an Authority since St. Paul forbids a Woman to teach in the Church Thus argued the said Lord Chancelour proceeding in the same manner upon other branches of spirituall Government and concludes That without a mature consideration of all these premises their honours shall never be able to shew their faces before their Enemies in this matter 23. But notwithstanding all this the Lords c. proceeded to frame an Act without any distinct explication whether it was a Temporal or Spirituall Authority which they gave the Queen Or rather they framed it with such clauses as that the most obvious sence of it imported that it was an Authority purely spiritual that they invested her withall and most certain it is that if she had executed such an Authority she might have justified her so doing by that Act. 24. However after that Parliament was ended but before the first year of her Raign was expired such considerations as the Lord Chancelour had formerly in vain represented had so great an influence upon the Queen that she was obliged by an Admonition prefixed to her Injunctions to declare that which the Parliament would not that it was not her intent by vertue of that Act to challenge Authority and power of Ministry of Divine Offices in the Church but only to have Soveraignty and rule over all manner of persons born within her Realmes of what State either Ecclesiastical or Temporall soever they be Which explication of hers was confirmed four years after by Parliament yet without changing the foregoing Act or any clauses in it 25. And consequently she left ordering of matters purely Spiritual to Bishops c. Expresly renouncing it For as for the power of Excommunication having again taken it from the Pope she did not fear it from any of her Bishops 26. In the times succeeding after her what qualifications were made and declared by three Kings touching spiritual Jurisdiction shall be shewed afterward They had not any such interests nor such fears as the three foregoing Princes had and therefore look'd with a more indifferent eye upon the matter Without repealing lawes or changing the Exteriour Forme of the oath of Supremacy they esteemed it sufficient to qualifie it by moderate interpretations as shall be shewed 27. As for the other Oath of Allegiance the compiler whereof was King James the most sad and horrible occasion of it is but too well known the intention of it is obvious and the sence plain So that it did not stand in need of such a Multiplicity of Acts of Parliament with many clauses to shew the extention of it Excepting one party scarce any except against it and were it not for some few incommodious expressions and phrases nothing pertaining to the substance and design of the Oath it would freely and generally be admitted and taken notwithstanding the foresaid parties condemning it who take that advantage to decry the substance of the Oath from which they have an aversion in as much as Fidelity is promised thereby SECT V. That the Oath of Supremacy as it lies and according to the sence of the first Law giver cannot lawfully and sincerely be taken by any Christian. 28. IT is a truth from the beginning acknowledged by the Fathers of the Church that all Kings are truly Supream Governours over the persons of all their Subjects and in all causes even Ecâ—lesiastical wherein their civil authority is mixed Constitutions of Synods however they may oblige in conscience and be imposed under spirituall censures yet are not lawes in any Kingdom that is they they are not commanded nor the transgression of them punishable in external Courts by outward punishments as Attachments Imprisonment c. further then supream Civil Governours do allow 29. This is a right due to all Kings though Heathens Hereticks c So that Kings by being converted to Christianity or Catholick Religion have not any new Jurisdiction added or their former enlarged thereby They do not thereby become Pastours of Souls but sheep of lawfull pastours And it is not a new Authority but a new duty that by their conversion accrews to them obliging them to promote true Religion by the exercise of their Civil Authority and Sword And subjects are bound to acknowledge and submit to this Authority of theirs that is not alwayes to do what Princes in Ecclesiasticall matters shall command but however not to resist in case their inward Beliefs be contrary to theirs but patiently to suffer whatsoever violence shall be offerâ—d them 30. Such a submission therefore to Kingly authority may when just occasion is be lawfully required by Kings from all their Subjects yea a profession thereof by oaths But such an one was not the Oath of Supremacy when it was first contrived and imposed For there an authority in many causes purely spirituall was by our Princes challenged as hath been shewed Therefore if we consider that Oath as now imposed on Subjects infinitely differing from their Princes beliefe and Judgment both in Point of doctrine and discipline it is not imaginable how it can be taken in such a sense as was first meant by any congregations no not even by that which is of the Kings own Religion 31. The Oath consists of two parts one Affirmative and the other Negative The Affirmative clause obliges all the Kings Subjects though never so much differing in their beliefs to swear an acknowledgment that the King is the only supreme Head and Governour of his Realme as well in all Spiritual or Ecclesiastical things or causes as Temporal And the Negative to deny that any forraign Prince Prelate c. hath or ought to have any Jurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realme and to renounce all such 32. These two Recognitions if the
words be interpreted in their proper Grammatical sence as all Oathes in reason ought to be unlesse they be otherwise interpreted by authority and according to the intention of the first lawgiver declared by his practice imply excepting even a personal conferring of Orders and administring sacraments that all Jurisdiction purely Spiritual is acknowledged to be the Kings right Now what Christian at this day alive will make these two Recognitions in the sence aforesaid Yea what English Protestant will be willing to make even the Negative Recognition For if there be no Forraign power at all Superiour to the King in things or causes purely spiritual then neither is the Pope a Patriarch of the West which yet King James will not deny neither can a lawful and free General Council oblige English Protestants which yet they so often protest to submit to And as for the Affirmative clause it is well known they do not admit it at least in K. H. the eighth his sense we may add nor in Q. Elizabeths as their 37 Article will testify contrary to the rigorous sence of the words of the oath 33. How much lesse then can any English Subjects divided both in belief and Ecclesiastical Discipline from the Head and Body of the Church of England submit to the same Oath For can the King be acknowledged in all causes spiritual to be a Head of Churches of which he renounces and is renounced the being so much as a member Shall he contrive or order the contriving of Articles of belief respectively sutable to each Congregation and bind his Subjects severally to subscribe thereto when himself believes them to be false Will he require some to be obedient to Bishops as instituted by Christ and others to renounce them as Antichristian Some to use no other Forme of Service but the Common-prayer-book others not that but the Directory and others neither of them but their owne crude imaginations and Non-sense Will he command some to submit to the Pope as supreame pastour others Calvin others Zuinglius or Socinus or a John of Leyden or a Knipper dolling 34. It is evident that by vertue of this oath unchanged in any words this Kingdom has at least thrice changed its Religion and the whole frame of the Church For in K. Henry the eighths dayes excepting onely in one point it was intirely Catholick In King Edward the VI. his daies it was almost Lutheran and in Q. Elizabeths very much Calvinistical And which is strange excepting Catholicks those that did not change their belief yet were content to take the same Oath Which could not be done without framing to themselves different sences and mental evasions so as though all took the same Oath yet each severally took a different Oath with a meaning in all of them contrary to the intention of the Oath-makers 35. Matters standing thus what a burden of guilt most we suppose to lye upon these Kingdomes by occasion of an Oath so solemnly imposed on the whole Nation which if we regard the force of the words no man can take sincerely And this guilt is the more aggravated in this respect that there cannot possibly be any real necessity for the imposing of it For since by an Oath of Allegiance and Obedience his Maiesty may be secured of his Subjects Loyalty what necessity or use can there be of such ambiguous acknowledgments of such a Supremacy which the King himself will not acknowledge and the affirming or denying of which contributes nothing to his safety He has experienced great disloyalty from a world of those that have most freely taken it and none at all from those Catholicks that have refused it It is manifest that it was first contrived meerly on purpose that King Henry the eighth might make a most filthy and execrable use of it But now at last his Majesty having been pleased to declare a liberty to tender consciences a world of men there are in these Kingdomes that are or ought to be weary of colluding with men and dis-honouring God in swearing according to a a Forme which they cannot but judge unlawful though it were for no other reason but because it is ambiguous And these are not Roman Catholicks for they refuse the Oath but many of distinct Sects from both Catholick and Protestant belief And surely that Christian conscience which is not tender in a matter in which the honour of God and the salvation or damnation of souls is so much concerned as in a solemn National Oath or that would voluntarily make advantage for temporal ends of gain to themselves or malice to others by such an oath to ensnare the consciences of another only pretends to be a Christian but in his heart saies There is no Christ and no God SECT VI. In what sence the Oath of Supremacy is taken by English Protestants 36 NOtwithstanding what hath been said although the oath of Supremacy as it is conceived and in the rigorous sence of the Words cannot lawfully be taken by any sect amongst Christians yet we see it freely taken by persons of quite different perswasions in matters of Religion Neither will charity permit us to judge that they do all or indeed any of them directly against their consciences either take it or impose it And some make no doubt at all but that an Oath though it contain expressions which absolutely considered are false yet are capable of a good interpretation and that a commodious interpretation is allowed by supreme authority such a forme of an Oath may not unlawfully be sworn to if other circumstances impede not 37. Now what the sences are in which respectively the Protestants and other divided Sects do take this oath cannot assuredly be determined otherwise then as they have expressed themselves in their writings But however certain it is that they all of them take it in a meaning so farr different from that which K. Henry the eighth intended that if they had lived in his dayes and given such limitations to the Kingly power in Ecclesiastical matters as we find openly and plainly discovered in their Writings they would have been esteemed as guilty of treason as Bishop Fisher and Sr. Thomas More were Whence appears that an Oath remaining for the Forme unchanged may be taken and allowed to be so taken in various senses 38. First for English Protestants I mean since from toward the latter end of Queen Elizabeth to these dayes that notwithstanding any Spiritual Authority either by Statutes confer'd or assumed by K. Henry the eighth and Edward the sixth they attribute to the King only a Civil power in matters Ecclesiastical and that they do this with the allowance of our Princes who questionlesse have authority to interpret Oathes such especially as concern their own safety and when their interpretations do no waies enlarge their own power nor diminish their subjects rights may appear by evident testimonies in all these three last Princes times published by the most learned Doctours then living
among them 39. In Queen Elizabeths reign we have the Testimony of Doctour Bilson afterwards Bishop of Winchester whose expressions are these The Oath saith he expresseth not the duty of Princes to God but ours to them And as they must be obeyed when they joyne with the truth so must they be endured when they fall into errour Which side soever they take either obedience to their Wills or submission to their swords is their due by Gods Law And that is all which our oath exacteth Again This is the supreme power of Princes which we soberly teach and which you JESUITES so bitterly detest That Princes be Gods Ministers in their own Dominions bearing the sword freely to permit and publickly to defend that which God commandeth in Faith and good manners and in ecclesiastical discipline to receive and establish such Rules and Orders as the Scriptures Canons shall decide to be needful and healthful for the Church of God in their Kingdomes And as they may lawfully command that which is good in all things and causes be they Temporal Spiritual or Ecclesiastical So may they with just force remove whatsoever is erroneous vitious or superstitious within their lands and with external losses and corporal pains represse the broachers and abbettours of Heresies and all impieties From which subjection unto Princes no man within their Realms Monk Priest Preacher nor Prelate is exempted And without their Realmes no mortal man hath any power from Christ judicially to depose them much lesse to invade them in open field least of all to warrant their Subjects to rebel against them Moreover intending to explain in what sence Spiritual Jurisdiction seems by the oath to be given to Princes he saith first We make no Prince judge of Faith and then more particularly To devise new Rites and Ceremonies for the Church is not the Princes vocation but to receive and allow such as the Scriptures and Canons commend and such as the Bishops and pastours of the place shall advise not infringing the Scriptures or Canons And so for all other Ecclesiastical things and â—auses Princes be neither the devisers nor Directours of them but the Confirmers and establishers of that which is good and displacers and Revengers of that whiâ—h is evill Which power we say they have in all things and causes be they Spiritual Ecclesiastical or Temporal Hereto his adversary is brought in replying And what for Excommunications and absolutions be they in the princes power also To this he answers The abuse of Excommunication in the priest and contempt of it in the people Princes may punish excommunicate they may not for so much as the Keys are no paâ—t of their charge Lastly to explain the Negative clause in the Oath he sayes In this sense we defend Princes to be supreme that is not at liberty to do what they list without regard of truth or right but without superiour on Earth to represse them with violent means and to take their Kingdomes from them Thus Doctour Bâ—lson whose testimony may be interpreted to be the Queens own interpretation of the oath since as appears by the Title page of his book what he wrote was perused and approved by publick Authority And to such a sense of the Oath as this there is not a Catholick Clergy man in France Germany Venice or Flanders but would readily subscribe 40. In the next place suitable to him Doctour Carleton in King James his time thus states the matter Bellarmine saith he disputing of Jurisdiction saith There is a triple Power in the Bishop of Rome first of Order secondly of internal jurisdiction thirdly of external jurisdiction The first is referd to the sacraments the second to inward Government which is in the court of Conscience the third to that external Government which is practised in external Courts And confesseth that of the first and second there is no question between us but only of the third Then of this saith Carleton we are agreed that the question between us and them is only of Jurisdiction coactive in external courts binding and compelling by force of Law and other External Mulcts and punishments beside excommunication As for spiritual Jurisdiction of the Church standing in examination of Controversies of Faith judging of Heresies deposing of Hereticks excommunication of notorious offendours Ordination of Priests and Deacons Institution and Collation of Benefices and spiritual Cures c. this we reserve entire to the Church which Princes cannot give or take from the Church This power hath been practised by the Church without co-active jurisdiction other then of Excommunication But when matters handled in the Ecclesiastical Consistory are not matters of Faith and Religion but of a Civil nature which yet are called Ecclesiastical as being given by Princes and appointed to be within the cognisance of that Consistory and when the censures are not spiritual but carnal compulsive coactive here appeareth the power or the Civil Magistrate This power we yield to the Magistrate and here is the question whether the Magistrate hath right to this power or Jurisdiction c. This then is the thing that we are to prove That Ecclesiastical coactive power by force of Law and corporal punishments by which Christian people are to be governed in externall and contentious Courts is a power which of right belongeth to Christian Princes Again afterward he sayes Concerning the extention of the Churches Jurisdiction it cannot be denyed but that there is a power in the Church not only internal but also of external Jurisdiction Of internal power there is no question made External Jurisdiction being understood all that is practised in external Courts or Consistories is either definitive or Mulctative Authority Definitive in matters of Faith and Religion belongeth to the Church Mulctative power may be understood either as it is with Coaction or as it is referred to spirituall censures As it standeth in spirituall censures it is the right of the Church and was practised by the Church when the Church was without a Christian Magistrate and since But coactive Jurisdiction was never practised by the Church when the Church was without Christian Magistrates but was alwayes understood to belong to the civill Magistrate whether he were Christian or Heathen After this manner doth Doctour Carleton Bishop of Chichester understand the Supremacy of the King acknowledged in the Oath 41. In the last place Doctour Bramhall Bishop of Derry in our late Kings dayes and now Archbishop of Armagh thus declares both the Affirmative and Negative parts of the Oath touching the Kings supream authority in matters Ecclesiastical and renouncing the Popes Jurisdiction in the same here in England in his book called Schisme guarded c. The summe of which Book is in the Title-page expressed to consist in shewing that the great Controversie about Papal power is not a question of Faith but of interest and profit not with the Church of Rome but with the Court of Rome
clause appears by that expression SO AS which would be void of all sence if the meaning of it should be conceived to be That the Queen has the supream Regal authority so as no other hath a Pastorall authority no way prejudicial to the Regal and this sence is evidently confirm'd by the Act 50. Eliz. which gives this title to the Act 10. Eliz. That it is an Act by which there is restored to the Crown the Ancient Jurisdiction over the State Ecclesiastical and Spiritual and an abolishing of all forraign power repugnant to the same not simply all forraign power but only that which would diminish her regal power For how ridiculous would it be to declare a power challenged and another power renounced that has no repugnancy to it and renounced with the words So as 46. Moreover in the said Admonition there are other matters worthy to be well observed For first by making and with authority publishing that Admonition and injunctions she expresly assumes as her right a power to interpret Oaths and Acts of Parliament Which if she may do so doubtless may her Successors Secondly besides this she gives power to any one that takes the Oath in taking it to signifie that he accepts it with the said meaning for sayes she If any person that hath conceived any other sence of the Form of the said Oath shall accept the same Oath with this interpretation sence or meaning her Majesty is well pleased to accept every such in that behalfe as her good and Obedient Subject and shall acquit them of all manner of penalties contained in the said Act against such as shall peremptorily or obstinately refuse to take the same Oath Thirdly that this her interpretation and addition is moreover established by a following Act of Parliament which sayes That it is to be taken and expounded in this Forme Lastly that the Oath it self is by the Queen in her admonition said to be an oath prescribed to be required of divers persons for the recognition of their Allegiance to her Which shews it concern'd not Beliefe but duty only in maintaining her supream civill Authority 47. Next in King James his daies what was conceived to be the power challenged by our Kings in vertue of that Oath will easily appear by a notable passage in his Premonition to all Christian Monarchs in which his intention is to convince as he saith those Roman Libellers of Wilful malice who impudently affirm that the Oath of Allegiance was devised for deceiving and intrapping of Papists in points of Conscience Now speaking thus surely he would not it should be believed that his meaning was by continuing to urge the Oath of Supremacy likewise to deceive and intrap his poor Subjects in points of Conscience From which unworthy intention how averse he was that is how far from assuming to himself or even denying to the Pope a Jurisdiction purely spiritual the following words will testify The truth is saith he that the lower house of parliament at the first framing of that Oath made it to contain that the Pope had no power to excommunicate me which I caused them to reforme only making it to conclude That no excommunication of the Popes can warrant my Subjects to practise against my person or State denying the deposition of Kings to be in the Popes lawful power as indeed I take any such Temporal violence to be far without the limits of such a spiritual Censure as excommunication And Suarez and Becanus c. go further affirming that by Excommunication not any Temporal right or Power is taken away or diminished So careful was I saith he that nothing should be contained in this Oath except the profession of natural Allegiance and Civil and Temporal obedience with a promise to resist to all contrary uncivil violence And presently after he adds That the occasion of the Oath was ordained only for making of a true distinction between Papists of quiet disposition and in all other things good Subjects and such other Papists as in their hearts maintained the like violent bloody Maximes that the powder-traitours did Nay moreover touching the patriarchal Jurisdiction he saith For my self if that were the quèstion I would with all my heart give my consent that the Bishops of Rome should have the first seat I being a Western King would go with the Patriarch of the west And how far he was from challenging spiritual Jurisdiction he shewed by his constant committing such affairs to his Clergy only adding his regall Authority for the execution of their Ordinances but more publickly and validly by a new confirming and causing to be published by his authority the Articles of the English Clergy among which is the 37th We do not give our Kings either the administration of Gods word or Sacraments which the injunctions published lately by Queen Elizabeth do most evidently daclare But only that prerogative which we see to have been alwayes attributed to all godly Princes by himself in holy Scriptures that is To preserve or contain all Estates and orders committed to their trust by God whether they be Ecclesiastical or civil in their duties and restrain contumacious offenders with the civil sword 48 This one Article not only publickly acknowledged by all English Protestants but a subsciption thereto enacted from Ecclesiasticks and those that take degrees in the Vniversities and withall by Act of Parliament enjoyned to be read by all Beneficed Ministers within two moneths after their induction this one Article I say so confirmed may alone suffice to demonstrate evidently and distinctly that it is only a civil Jurisdiction that the Kings of England challenge in Ecclesiasticall matters and not at all an authority purely spiritual or Pastoral They are as all other Christian Princes have ever been acknowledged custodes utriusque Tabuloe They ought to see and provide that all their Subjects do their duty both to God and Man Wherein that duty consists which concernes the Divine worship they are to learn from the Church and at their peril it is if they be misdirected by a false Church but however thus far their just power extends which must be submitted to either by obeying or suffering As long therefore as this Article is in force in England there will be no need of searching into the senses or interpretations of following Kings say Protestants yet if we should do this it is well known that our late Soveraign and his Majesty now raigning besides many expressions vivae vocis oraculo have been rather more carefull then King James not to interpose themselves in functions purely spirituall 49. This Section shall be concluded with setting down a notable Provizo extant in that very Statute in which the Popes Jurisdiction was most prejudiced and the greatest Authority in Ecclesiasticall matters confer'd upon King Henry the eighth The which Provizo is so cautelously framed that though King Henry esteemed himself to have gained a Jurisdiction purely spirituall
by that of Allegiance Though how can Equivocation be excluded when according to them one Equivocation may be renounced by another A most horrid example whereof England has lately seen in the R. Padre Antonio Vais 72. Neither do Protestants think that a Declaration formerly made by the Pope and forbidding Catholicks to take those Oaths with any Interpretation whatsoever needs to be a hindrance to the taking of it in the forementioned sence so publickly avouched but onely in any secret meanings invented or mentally reserved by particular persons For surely the Pope intends not to take a power from Law-givers to interpret their own lawes nor to forbid their Subjects to admit their interpretations if they be agreable to truth and that the words be capable of being so interpreted as these are pretended to be Certain it is that the Pope was never informed of this so legal an interpretation For if he had he would never have forbidden that to distressed English Catholicks which to his knowledg all good Subjects in France Germany Venice c. neither will nor dare refuse to acknowledge and profess Besides say they is England now become the only Kingdom in Christendom where all manner of Briefs must be immediately submitted to without a publick Legal acceptation and without examination of the Motives or suggestions by which they wâ—re procured It is far otherwise now in the most Catholick Countries and was formerly even in England when it was most Catholick the Lawes then made against receiving or executing Bulls from Rome without a publick admission under the penalty of incurring a Praemunire are still in force 73. If Catholicks rejoyning say that there is another regard for which they are unwilling even to receive information touching any qualifications of these Oaths viz. because the mere admitting a probability that they may lawfully and without prejudice to Catholick Faith be taken would argue that so many vertuous wise and holy Men as have suffered death c. for refusing them have suffred without any necessary cause Such were Bishop Fisher Sir Thomas More c. in King Henry the eights dayes and many good Priests since 74. Notwithstanding say Protestants such a consequence is not necessary For first it hath been shewed that King Henry the eighth intended to exclude the purely spiritual Jurisdiction of the Pope his power of determining matters of Faith according to former Lawes of the Church c. And therefore no wonder that good Catholicks then would not betray their consciences But it is well known that Sir Thomas More advised the King to limit some excesses of the Popes Jurisdiction And an eminent writer tells us that Bishop Fisher offered to take the Oath if it might have been permitted him to explicate his sence of it which could be no other then this that he should deny the Popes temporal Jurisdiction Secondly as for those that suffred in Q. Elizabeths time it is certain that all good Catholicks would never have esteemed it a Martyrdom to dye for refusing to the King a supreme Kingly Power and attributing that to the pope They had therefore a quite different notion of what the state of England required by this Oath But of late good occasion has been given for a more exact examination of it For to make a sincere and ingenuous confession it was a Committee of the late rebellious parliament that probably first of all discovered what use they made of the foresaid proviso in the Act 5. Eliz. to warrant them to take this Oath without submitting their Religion to the King And the same use they judged that all other Sects might make of the same and justify their so doing by law even Roman Catholicks themselves 75. All these things considered it is no wonder that English protestants not being fully informed of the state of Catholicks should wonder at Roman Catholicks for their so Universal agreement in refusing an Oath so interpreted without the least prejudice to their faith but with so unexpressible a prejudice both to their estates and exercise of their Religion 76. The Authour of these Reflexions does freely acknowledge that he has been inquisitive with more then ordinary diligence into the grounds upon which Protestants do make no scruple at all to take an oath which if it had no Expounders to qualifie the sence properly imported by the words he knows they could not take it with a good conscience Nay moreover he has given all the advantage that he could to the proofes produced by them to justify that no other sence ought to be given therto by any English Subject in so much as he may apprehend that he shall incurr a danger to be esteemed by Catholicks to have a design to encourage them also to take it since that sence is such as is very convenient to the principles of Catholick Religion 77. But he protests the contrary His end in writing all this is besides a satisfaction given to his mind that he cannot now without breach of Charity charge Protestants with such an unsincerity in their taking this Oath as Presbyterians c. are apparently guilty of to afford unto the World an illustrious proof of the most perfect sincerity and the greatest tendernesse of conscience expressed on this occasion by the generality of English Catholicks that I believe ever was given by any Church since Christs time 78. They live here in their own native Country with lesse priviledg then strangers they are excluded from having any influence on any thing that concerns the Common-weale of which they are freeborn Subjects When laws are made against them as guilty persons they are not permitted to separate their cause from a few that only deserved the penalties of those lawes they are by lawes obnoxious to greater sufferings then enemies they see their families impoverished their houses invaded by savage officers their lives forfeited as Traytours for entertaining those without whom they could not live otherwise then as Pagans deprived of performing any service and worship to God c. All these miseries they groan under without proofe of any demerit on their parts the crimes of a few miserable seduced and seducing wretches and their bloody Doctrine by none in the Kingdom more detested then by themselves are made their guilt And these calamities they could avoid by taking an oath the present new acknowleded sence whereof as to his Majesties right is just and lawful And yet they dare not take it Why Because they fear God above all But do not Protestants fear him too They are no Judges of the consciences of others This they assure themselves of that if those that now take the Oath had been to have framed it they would have shewed a greater proof of their fear of God then to have expressed the Kings Supremacy in termes fit for none but K. Hen. the VIII 79. But moreover great difference there is between the case of Protestants and Roman Catholicks in regard of this Oath For
wished had never been done or might be blotted out of all mens memories or upon the Decrees of some Councels not received or acknowledged by Catholick Churches but principally upon a Decree of the Councel of Lateran under Pope Innocent the third in which an Ordinance is said to have been framed to oblige not supreme Princes but Temporales Potestates and Dominos which bear Offices in States to take at Oath to root out of their Dominions all Hereticks upon penalty if they do not performe what they swear of being denounced by the pope to be deprived of their Estates c. yet reserving the right of the supreme Lord. 88. All these Allegations have been already unanswerably confuted by several learned Writers of our Nation but because this last Decree of a Councel not so questioned for as much as can be proved to have been decided in it and because it is almost alone suggested to the tongues of some Catholicks among us as the principal pillar of that pretended Article of Faith for the maintaining of which they are exhorted to forfeit their Estates and Lives they are desired sadly to consider 89. First that this pretended decree of faith has been disclaimed by a World of unquestion'd Catholicks and Doctor Bishop the last Catholick Bishop but one in England has written a book purposely against it and no proof can be given that it was ever received or executed by any Catholick Kingdome out of Italy The reasons whereof are 1. Because these Decrees were never published by P. Innocent nor so much as a copy of them extant either in the Body of Councells or the Vatican Library or any where else till a certain German three hundred years after said that he found them in a Manuscript compiled he knowes not by whom being indeed a meer Collection made by some unknown person out of the Decretals of his Nephew Gregory the ninth 2. Because by the testimony of all Historians of those times P. Innocent the third suffred much in his reputation for having convoked such a multitude of Prelates to no purpose Above sixty Capitula were by the Popes order recited in the Assembly and many of them pend in a stile as if they had been concluded for that was the Popes expectation but nothing at all could be plainly decreed they seemed indeed to some PLACABILIA passable to others Onerosa but no conciliary Determinations were made except one or two which was about the recovery of the holy Land and the subjection of the Greek Church to the Roman by reason of a war then begun between them of Pisa and Genua which called the Pope from the Councel 90. Again though it were granted that this was a Conciliary Decree it is far from looking like an Article of Faith which saith Bellarmine and Canus may easily be discerned by the stile Here is nothing proposed to be believed no Anathema fulminated against those that are of a contrary sentiment no signification that the contrary is against the words or sence of Scriptures c. At the best therefore it is a mere Ecclesiastical Ordinance touching external discipline And being such what is more ordinary and by custom permitted then for Princes to refuse the admittance of them we see at this day that the State and Church of France do reject the Decrees of Reformation made in the Councel of Trent This is known at Rome and all Christendom over and yet who dare impute Heresy to them What confusion would follow if all the Ordinanâ—es of the Councel of Trent should be practised among catholicks here in England as about Clandestine Mariages c. 91. Thirdly suppose this were granted to be an Ordinanâ—e established and admitted all Christendom over yet supreme and Independent Princes not being expresly named in it but rather excluded by the expressions of it what can be more palpably injust then without and against their consent to captivate them to such an ordinance Moreover to demonstrate that they were purposely excepted the Emperour Frederike not above five or six years after published an edict to the very same intent and in the very same language and titles by which he intended to oblige only the Feudatary princes and officers of the Empire by oath to root out heresy And yet after all no example can be produced either in the Empire or other Christian States that such an oath was in succeeding times imposed This is the Article of Faith for the maintaining of which it is by one party expected that all English Catholicks should ruine both themselves and their Religion It is not so in Catholick countries abroad VVe know that Charles the fifth by a law of the Empire publickly permitted Lutherans in several provinces and all the Kings of France since Henry the third the Calvinists through their Kingdom and yet the pope never so much as threatned nor they feared a Deposition 93. And as for the Doctrinal point of faith most shamelesly pretended to be involved in that or the like decrees to wit the Popes power of deposing Princes what one Catholick State Kingdom Republick or City can the preachers of it name where it is received or permitted to the people to be taught even as a probable opinion 94. It is well known that in France in the year 1614. a book written by Suarez the Jesuite purposely against this Oath in which that Deposing power was asserted was by a Decree of the Parliament of Paris condemned therefore to be burnt by the publick Executioner as containing propositions scandalous seditious tending to the eversion of States and inducing Subjects to practise against the lives and sacred persons of Kings c. And moreover it was ordained according to a former Edict made A. D. 1610. that a decree then made by the Theological faculty for renewing a Doctrinal Censure of the same faculty A. D. 1408. against the like Doctrine and confirm'd by the Councel of Constance should every year upon a certain day be read in the Schools of the Jesuites and of the four Mendicant orders Besides all this the same Parliament enjoyned the four principal Jesuites in Paris Armandus Cotton Fronto and Sirmond to take order that their General at Rome should renew a prohibition to any of the society to teach and publish the like Doctrines and themselves were commanded in their Sermons to preach a contrary Doctrine all this under the penalty of being proceeded against as Traytors 95. The like fate had several other books written by eminent persons of the same Order as Mariana Bellarmine Santarellus c. which maintained the Popes temporal Jurisdiction and power to deprive Princes and to absolve Subjects from their Obedience And particularly upon occasion of Santarellus his book no less then eight Universities in that Kingdom Paris Valentia Tholouse Poictiers Bourdeaux Bourges Rheims and Caen did of their own accord not expecting any command from the Court in the year 1626. brand the Doctrine of the Popes deposing power
spiritual matters Whereas in England whensoever any such briefs are published at Rome although upon information of one interessed party there being no setled correspondence of pastours to whom they ought in common to be directed by them communicated to their respective flocks not only the consciences of particular Catholicks are disquieted whilst some of their directours press the validity of them others reclaim but the State also not causelesly entertains jealousies suspicious of secret practises not being at all or not sufficiently informed All which inconveniences by such a Government would be easily avoyded 4. Lastly by this means Catholicks would be enabled to receive from his Majesty any orders that may be for his service and effectually put them in execution 126. It is well known what important advantage the Prince of Orange and the States of Holland received from the Catholick Bishop there during the seditions between the Arminians and Calvinists The Prince doubting the success of those contentions to strengthen his party sent two or three persons of condition to the Bishop usually residing at Amsterdam to propose to him these two demands Fiâ—st to whether of the two Factions the Catholicks had an inclination to adhere Next what assistance of forces they were able to bring The Bishop being then absent they were to this effect answered by his Vicarius in spiritualibus As to the first That without studying or consulting with his brethren he could immediately assure his Excellency that he being the prime person trusted by the States with all their forces the Religion and consciences of all Catholicks obliged them to offer their Estates and lives for his service and assistance But that he could not give an answer to the second demand till two sundayes were passed in the one of which he was to publish orders for enquiry into their numbers and in the other to receive information And in effect accordingly after the second Sunday he gave them assurance of the readiness of above ten thousand well appointed Soldiers out of that one City This hapned in Holland where Catholicks though proportionably far exceeding us here in numbers yet never gave any jealousies to the State and the less because of their good correspondence among themselves 127. Such and many other great commodities flâ—wing from such a Government it is no wonder that besides the formentioned party there should be found out of the Church also many that have and no doubt will endeavour to oppose it especially their embitterd Enemies the Presbyterians partly out of the hatred which they bear to the very name of lawfull pastours which they want and will not have but principally least Catholicks thereby should be in a better capacity to serve his sacred Majesty and his faithfull Subjects after a manner that they do not desire and this not only by sacrificing their Estates and persons to the maintaining of his power and safety but also by gaining to himself and the State both civil and Ecclesiastical here a great affection and readiness of an assistance from Catholick Kingdomes when it shall appear that in England the scandal of disloyalty which heretofore was cast upon Catholick religion in general shall be taken away 128. These things considered and moreover that the Presbyterians c. implacable adversaries to Protâ—stant Religion and Government as well as Catholick have great intelligence and correspondence abroad upon that account and for the mere interest of their Religion which Protestants hitherto are utterly destitute of it would be strange if there should still remain any one among them after so long experience of the ready concurrence of Catholicks with them in adhering to his Majesty and suffering with them for him who should not now at last have spent all their aversion from them noâ—e being more interested then they to make use of all lawful means to enable his Majesty now more then ever to oppose all future practices 129. It hath been an objection formerly against this That the promâ—ses made by Catholick Ecclesiasticks of Canonical Obedienâ—e to their supreme pastour in their ordinations are dangerous to the State But alas how groundless is such a fear For this ground being once laid and assented to that no forraign power whatsoever hath any right to dispose of temporals in these Kingdomes what shew of prejudice to any Mans loyalty is the promise of Canonical Obedience in mere spiritual matters Do not all Ministers in England owe and promise Canonical obedience to their Bishops and Presbyterians to their Consistories which yet in merè spiritualibus they will not allow to be subject to the King but only and immediately to our Lord Besides all manner of such submissions and Obligations are every where meant and understood and if need be may be expressed with a Salvâ Obedientiâ Regi debitâ What apprehension have the Kings of France Spain or the State of Venice from such promises And yet were ever any Princes more scrupulous in defending their temporal superiority and authority against the power by some flatterers ascribed to the Pope then the King of France and the State of Venice are Nay they would not be so secure of their pastours loyalty if they should suspect them to be regardless of their duty to the Church which indispensably obliges them to loyalty SECT X. Of his Majesties Declaration for liberty of tender consciences And who they are that have the justest pretentions to the benefit of it 130. BY What hath been hitherto said it is apparent that the words phrases and Formes of these Oathes are at least ambiguous and that by such ambiguity no manner of convenience not the least addition of security accrews unto his sacred Majesty or the State c. but on the otherside infinite prejudice to his afflicted Subjects What then can be more just more for Gods honour more becoming the benignity of his Majesty and more for the reputation of the Kingdom then that such ambiguous expressions suggested no doubt by some particular malignant spirits should be cleared or taken away and that Oathes should be conceived in such a form that they may be taken uniformly sincerely and cordially by all good subjects and must be refused by all ill Subjects and withal that our Princes safety and the peace of the Kingdom may be provided for by them 131. Besides the ambiguity there seems now to be another Motive more pressing though none can be more weighty to perswade a change in the Formes of the Oathes and that is this When the Oathes were made the intention of the State was to have one only Religion openly permitted in the Kingdom and then the Catholick was that which appeared opposite to it as having been formerly the only Religion of the kingdom and for this reason consequently the Oathes were framed either upon a jealousy of a doubtful title or at least against some special point about the Popes Authority which one party among Catholicks falsely pretended to be essential
to their Religion in consequence thereto gave too just cause to thâ— State to provide against them 132. But of late the temper of the Kingdom is strangely altered God only knowes how many new Religions are starâ—ed up the natural issues of the more antient Presbyterian private spirit All which perhaps think themselves little or nothing concerned in Oathes made against Roman Catholicks and therefore will not much stand upon the taking of them by which means they notwithstanding their known principles and practises destructive both to Allegiance and peace wlll passe for good subjects without any obligation to renounce such principles or change such practises and only Roman Catholicks will keep the Oathes though they dare not take them by which means being yet more odious to such Sects for keeping the Oathes then they would have been if they had broke them the only revenge that the others have against them is to force them to take them So that between them all the security of his sacred Majesty which was only intended by the Oathes is not in the least measure provided for Yea I may I hope be permitted to say That his Majesty thinks himself secure of those that do not take the Oathes and stands in great need of securing himself from too many that freely take them and swear to be loyal to him What then can be imagined more necessary for a cure to so great a confusion then to change such inefficacious instruments of Loyalty 133. But moreover since it is not to be doubted but that his Majesty will not be unmindful of his promise so publickly made of a liberty for tender consciences and that none shall be called in question for differences of opinion in matter of Religion which do not disturb the peace of the Kingdom Those certainly will declare themselves most unworthy of the fruit of so unexampled a beingnity that shall either expect from such a promise a liberty to reserve any ill principles of Disloyalty or that shall exclude from the benefit of it any other of his Subjects that shall submit themselves to all possible proofs of renouncing such principles and that have hitherto without any Oathes taken constantly adhered to him 134. As his Majesty therefore has been pleased to take notice that among his Subjects of a different belief there are tender consciences and has promised to have a merciful regard to them So it is most just and necessary that his Subjects likewise should allow his Majesty to have a tender conscience too to which also they must have regard Now wherein can He or any in authority under him more truly and perfectly shew that he has a tender conscience with regard to his Subjects then by using his Authority to root out all ill Principles that disturbe peace or dispose to sedition and Rebellion For this end especially Princes were ordained by God So that if they do otherwise they should resist the ordinance of God and become far worse then Tyrants to their people Those Subjects therefore that would expect or desire that the maintaining any principles of disloyalty should be esteemed a proof that they have tender consciences do consequently expect that the King should give them leave whensoever they have a grudge in conscience thereto to depose him and to put the whole Kingdom into confusion 135. And now till his Majesty shall vouchsafe to interpret his promise more distinctly let any indifferent person judge who they are among so many different beliefs that ought to be esteemed to have tender consciences and to hold Opinions which do not disturb the peace of the Kingdom whether they that have and ever will be ready to give all possible proofes of loyalty both by words and deeds so that the words by which they professe this may not prejudice their religâ—on in a point of mere internal belief which has not any influence upon their Loyalty and who if they cannot otherwise then by betraying their faith be accepted and treated as loyal will protest themselves bound in conscience and by their Religion never to disturb the peace of the Kingdom but patiently to suffer as if they did disturb it Or those which make no conscience to swear according to a Forme that requires loyalty though they know that such a form in the proper sence of the words cannot consist with their belief and when they have done make lesse conscience of violating that duty which they know the law requires and which ought to have been performed though they had never sworn it Surely unlesse passion alone be judge unlesse that be to be called a tender conscience which is none at all and unless the Title of disturbers of the peace of the Kindom be appropriated to those only that trouble no body and wrongfully imputed to those only who are irreconcileable to all that love and promote peace and loyalty both Protestants and Catholicks there will be no errour in making a iudgment 136. It is not out of any design to please men but only because God and religion require it that Roman Catholicks acknowledg his Majesty to be our supreme Governour over all persons and in all causes as far as Kinâ—ly power can be exercised in them And by Gods grace it is not any fear of man that shall hinder them from professing that they acknowledg the Pope to be the supreme spiritual pastour of souls not only not subject to Kingly Civill authority therein but in his line above it as all spiritual jurisdiction of the Church is by the testimony of Dr. Carleton in his Admonition to the Reader It is purely from the fear of God that they deny unto the King a Spiritual Jurisdiction and to the Pope a Temporal Flattery disrespect or malignity have not the least influence on either of these professions If they should ascribe to the King a Pastoral authority in spiritual matters or to any Spiritual Pastours a Lordly dominion over the persons or lives of other mens subjects and much more over Kings themselves they should give to Caesar the things which are Gods and to God spiritually ruling in his Vicar the things which belong to Caesar they should herein wrong both the Pope and the King too and by mixing or doubling either of their powers destroy both As for their Duty to Kings they hear our Lord saying The Kings of the Nations bear a Lordly Dominion but nor so yee my Apostles I have not given to you any such authority yea they find our Lord refusing to be a King or so much as a Judge in temporal matters but not refusing to pay tribute nor to acknowledg Pilate to have power from heaven over him They hear the first Vicar of our Lord St. Peter commanding with an authority greater then ex Cathedrâ Be subject to every humane creature to the King as precelling all others c. Again as touching Spiritual Pastours they hear St. Paul say The weapons of our warfare are not carnal but spiritual
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 acknowâ—edgment of the guilt universally contracted by us and however for the future to take â—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