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
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
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
Subjects to resist the execution of such a sentence all which must together with them be killed or murthered before it can have its full effect 111. In the next place touching the Offer made by the same persons who without renouncing the position of the Popes deposing power will however swear future Allegiance to the King and his Successours notwithstanding any past or coming sentence of Deprivation in what age do they hope to find in England a King that will be so simple and so over good-natured as to believe them or rely upon such a Promise especially considering what passed little above fifty years since Is that Oath to be believed which they that take it do know to be unlawful and consequently to be ipso facto null and invalid so that it must be repented of and must not be kept For either they must swear that assoon as ever they shall have taken their rectifyed Oath the Kings of England will have this particular priviledge annexed to their Empire that they shall never deserve let their religion or practises be what they will that the Pope should exercise his just authority of deposing them that they alone will be out of danger to the worlds end of being denounced No-Catholicks or Rebells to the See Apostolick And this none can swear without the spirit of prophecy which they will hardly perswade the State here to believe to be in them Or else they will swear that though the Pope never so justly and necessarily exercising his lawful authority should command the Deposition of any of our Kings and absolve all their Subjects from their Allegiance yet they against their duty conscience and Religion will disobey such his lawful authority and continue in Allegiance to him to whom in such circumstances an Article of their Faith obliges them to believe that no Allegiance is due but rather utmost hostility Now who will believe such an Oath as this Or rather will they not be esteemed for such an oaths sake resolved to be disloyal both to God and man After this manner argues the great Master in the Deposing Doctrine Suarez writing upon this very Clause of this Oath 112. I would to God I could have delivered my conscience on this subject without danger of incensing or contristating any person But in the present conjuncture of affairs after so many years proof of the constant fidelity of Catholicks to his Majesty it being necessary that the State should be assured that such fidelity proceeded from a principle of Catholick Religion unalterable to discourse upon such a subject with a complying softnesse and tendernesse to any party that is without a free hearty sincere and confident renouncing of a false principle of disloyalty maintained but by a very few but imputed to and punished in the general body of English Catholicks would have been to betray the cause of Catholicks in general and to justify the suspicion that Protestants have formerly had against our Religion 113. There is another sort of loyal well meaning Catholicks who have no scruple at all to renounce this pretended Article of Faith nor to make any the most strict professions of their Allegiance but in this Oath meet with some Expressions and adventitious phrases nothing pertinent to the substance which they out of tendernesse of conscience cannot swear to For first they seem to professe a Declaration of a point of Faith which a particular Christian cannot presume to do Again they cannot say that Position of the Popes deposing power is Heretical any other ill names they will be content to give it but they dare not swear it is Heretical because the contrary is not evidently in Scripture neither has it been condemned by the Church 114. For the former Protestants perhaps will account it a needlesse scrupulosity since those which framed the Oath never intended that any one that takes it should seem to make himself a judge and decider of a point of faith but only to signify his acknowledgment touching it Besides say they this is the ordinary stile by which a Profession is made abroad of the condemning and renouncing of any erroneous propositions which are by Parliaments and Courts declared to be impious seditious c. Not that each Doctour or whole faculties take upon them an Authority Conciliary to propose doctrines to the church but only to testify their judgment concerning them 115. But the second difficulty will not so easily be cleared which is the profession of detesting such a position as Heretical Because catholicks know that it cannot be called Heretical according to the notion of that term universally received among them and what notion Protestants have of that word does not appear by any publick Declaration of theirs how then can catholicks by Oath protest a detestation of that position as Heretical since if they understand it in their own sence they should swear that which they know to be false and if in any other unknown sence they shall swear they know not what Besides they should by Oath testify that all Popes that have exercised and all writers that have maintained such a deposing power are to be esteemed Hereticks persons fit to be excluded from Catholick communion And what Catholick alive will presume to say this ¶ 116. Such is the case of afflicted Catholicks touching these two Oathes their tendernesse about phrases hath hitherto been either interpreted or at least treated as professed disloyalty But their hope now at last is that his Majesty according to his most gloriously element dispositon and the whole State so miraculously renewed will with a compassionate eye look upon and read their most secret thoughts touching this matter Though their abilities and number be inconsiderable yet Justice even to a single person ought not to be esteemed so They are not unwilling nay they are desirous to be obliged to make protestations of their unalterable Fidelity Obedience and peaceable submission to the State and if none other besides themselves shall be esteemed to deserved to be obliged hereto by Oathes they are contended to endure such a mortification and they beseech God that his Majesty may never have just ground to suspect any others for then they are sure that without any Oaths at all he may be most secure 117. If any Oath of Supremacy shall be still accounted necessary they only beg that they may not seem to renounce the Supreme spiritual jurisdiction of him whom they acknowledge for the Head of Gods Church or at least that for refusing to renounce this and suffering for such a refusal they may be acknowledged to suffer purely for their religion without the least imputation of Disloyalty to his Majesty which they will never be guilty of whether they swear against it or no. 118. That which they deprecate in the Oath of Allegiance is that which God himself requires that it may not be ambiguous dificult to be interpreted nor charged with expressions which if they were absent would not prejudice the
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