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

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of the Oath of Supremacy which I never knew before that may seem to perplex the Conscience of any one who would take it and to expose it to such a kind of Ordeale-Purgation per ferrum candens that may make the passage through it dangerous to Ones Conscience B. Look you to that who have taken the Oath and do you consider how far you are by the Interpretations that I have referr'd you to obliged to take your measures in the Matter that lies now before you as to your assisting and defending the Prerogative of the Dispensative Power and I likewise recommend it to you to observe how much to the satisfaction and ease of the minds of the generality His Majesty's Lay-Subjects he by Connivence hath dispens'd with their not troubling themselves to study the Duty Bond or Allegian●…e that was acknowledged to be due to Henry the 8th or Edward the 6th or the Prerogative given by God to Godly Princes in the Scripture or the Christian Emperors in the Primitive times for however our Divines are by the 39 Articles and the Canons of King Iames and King Charles the First particularly obliged to study these Points and that the knowledge of the same may oblige Men of learning and leisure among the Layety to Conduct their Consciences thereby in their observance of this Oath yet His Majesty 's not reviving among all his Subjects by any Proclamation or Ecclesiastical Injunction or otherwise the notices of these forgotten things cannot but be acceptable to the generality of them as a Dispensation by Connivence And therefore in Complaisance with and gratitude to him they are by the Law of Nature bound to give him what is plainly his Due according to the plain Oath tender'd to and taken by them and to take care that they do not exercise an Illegal Power of dispensing by way of Interpretation of that Oath to the Subversion of the sense of the Assertory and Promissory parts of it both which are the Supporters of the Royal Dispensative Power But reserving for some other time my thoughts relating to the Dispensative Power exercised by the Godly Princes in Holy Scripture and by the Christian Emperors I shall desire you now to look on your Oath in the plain natural sense of it and as much as if no authoritative one had ever been given of it Consider that when you declare the King is the only Supreme Governor of this Realm or Governor of all Persons in it no Humane Laws can bind our Consciences by any disability Penal incurr'd from serving him When Kings say there is a Necessity for our Service St. Paul hath said we must needs be subject to them and which as Grotius hath well observ'd implies Obedience to their Commands as well as Submission to their Coercion As Dr. Donne in his Pseudo-Martyr observ'd well concerning the Oath of Allegiance All the Substance of the Oath is virtually contain'd in the first Proposition That King James IS lawful King of all these Dominions the rest are but Declarations and Branches naturally and necessarily proceeding from that root the same as to the Point we are upon may be verify'd of the Oath of Supremacy The King's Highness IS the only Supream Governor of this Realm not shall be by virtue of this Act IS SO notwithstanding any thing that hath been done or is a doing and whereby any former Princes supposed de facto consenting to tye up his hands from Governing all his Subjects and ranging them in their Stations in his Service is out of the Case of your Oath who have sworn thus that King Iames the Second IS the only Supreme Governor c. Since therefore you have in your Oath acknowledged that the King is the only Supream Governor and that according to the 37th Article of the Church of England He HATH the rule of all Estates and Degrees committed to his charge BY GOD whether they be Ecclesiastical or Civil I will ask you if any Humane Law can disable any Persons from being govern'd by him more then it can Children from honouring their Parents According to those words in Malachi If then I be a Father where is my honour and if I be a Master where is my fear c. may it not be said to every Subject while the King IS your King while he is your only Supreme Governor and while he is your Political Father will you not be Govern'd by him Or in effect will you Govern him by thinking to oblige him not to employ this or the other Subject and in effect endeavour both to dishonour and disable him who is the Head of the Community as it were by loss of Member Will you dishonour him who bears the Sword by imposing on him your belief that such a Member of the Body Politick is a gangrened one and necessary to be cut off from serving the State when he tells you he knoweth the contrary Or will you dishonour his Religion by saying that Papists are disabled by their Religion from being sound Members of the State when he knoweth they are not so disabled by it and accordingly as Sir William Temple hath in his Excellent Observations on the Low Countries made it appear that the Papists there are a sound part of the State Remember that the words only Supreme as apply'd to your King in the Assertory part of your Oath are not Otiosa Epitheta You will find that our great Casuist Bishop Sanderson in his Seventh Lecture of the Obligation of Conscience lays so much stress on those words in your Oath Only Supreme Governour as to judge him PERIUR'D who having taken the Oath shall assert the Figment as he calls it of Co-ordinate Power Quid enim PERIURIUM dici mereatur si hoc non sit manifestissimum PERIURIUM quem solum esse Supremum in suo regno Moderatorem Conceptis verbis juraveris ei parem etiam in suo regno potestatem constituere agnoscere If you did but often enough consider your Prince as asserted in your Oath to be Governor of the Realm you would find in your thoughts no difficulty of allowing him the Power of Commanding all Persons in it without exception to serve him Bishop Bilson in his Book of Supremacy p. 238. saith Though Bishops may be call'd Governors in respect of the Soul yet only Princes are Governors of Realms Pastors have Flocks and Bishops have Diocesses Realms and Dominions none have but Princes c. and so the style of Governor of this Realm belongs only to the Prince and not to the Priest and imports a Publick and Princely regiment And here I shall take occasion to tell you that as the Common Law subjecting the Inhabitants of this Realm to the Government of Bishops hath not kept our Princes from exempting particular Persons and Bodies Corporate from their Iurisdiction but could not exempt them from being subject to their Prince and from obeying him that much less could any Statute Law do it It is upon the weight of
Roman Catholick Physicians and Lawyers had incurr'd by his Acts of Parliament I have told you But what if I should now tell you how afterwards he did take care as it were unâ liturâ to delete the Execution of ●…ll the Penal Laws disabling ones and others against the Roman Catholicks and that as to what he did therein the most zealous Protestants among his Bishops and the Lords Temporal and others of his Privy Council did concur with him in so doing A. I think you would tell me of that which was very strange B. As in the Happy future State of England it was with an intent to detect the Degeneracy and Vanity of the Politick and Protestant-would-be's of the Age who pretended to Advance Religion by Excluding the next Heir in p. 219. shewn that one of the general and publick Articles sent by King James the First to his Embassador in Spain in Order to the Match with the Infanta was that the Children of this Marriage shall no way be compell'd or constrain'd in point of Conscience or Religion wherefore there is no doubt that their title shall be prejudiced in case it should please God that they turn'd Catholicks and that it was afterward sent as an additional Article offer'd from England that the King of Great Britain and Prince of Wales should bind themselves by Oath for the Observance of the Articles and that the Privy Council should sign the same under their Hands and that accordingly the Articles were sign'd by Archbishop Abbot John Bishop of Lincoln Keeper of the Great Seal Lionel Earl of Middlesex Lord high Treasurer of England Henry Viscount Mandevile Lord President of the Council Edward Earl of Worcester Lord Privy Seal Lewis Duke of Richmond and Lennox Lord high Steward of the Houshold James Marquess of Hamilton James Earl of Carlisle Lancelot Bishop of Winchester Oliver Viscount Grandison Arthur Baron Chichester of Belfast Lord Treasurer of Ireland Sir Thomas Edmonds Knight Treasurer of the Houshold Sir John Suckling Comptroller of the Houshold Sir George Calvert and Sir Edward Conway Principal Secretaries of State Sir Richard Weston Chancellor of the Exchequer Sir Julius Caesar Mr. of the Rolls and for the truth of which Facts reference is there made to Mr. Prynne's Introduction to the Archbishop of Canterbury's Trial p. 43 so you may there read it in p. 44. that some private Articles were agreed on and probably were Sworn to by the same Persons that the other general ones were and of which private ones the first was in short That none of the Penal Laws against Roman Catholicks should at any time hereafter be put in Execution But you may thus see it at large viz. That particular Laws made against Roman Catholicks under which other Subjects of our Realms are not comprehended and to whose Observation all generally are not obliged as likewise general Laws under which all are equally Comprised if so be they are such as are repugnant to the Romish Religion shall not at any time hereafter by any means or chance whatsoever directly or indirectly be commanded to be put in Execution against the said Roman-Catholicks And we will cause that our Councel shall take the same Oath as far as it pertains to them and belongs to the Execution which by the hands of them and their Ministers is to be exercised The 2d was That no other Laws shall hereafter be made anew against the said Roman Catholicks but that there shall be a perpetual Toleration of the Roman Catholick Religion within Private Houses throughout all our Realms and Dominions which we will have to be understood as well of our Kingdom of Scotland and Ireland as in England c. And the 4th was That we will interpose our Authority and will do as much as in us shall lie that the Parliament shall approve confirm and ratifie all and singular Articles in favour of the Roman-Catholicks capitulated between the most renowned Kings by reason of this Marriage and that the said Parliament shall revoke and abrogate the particular Laws made against the said Roman-Catholicks c. And the Conclusion there is viz. That we will interpose our Authority and will do as much as in us shall lie that the Parliament shall approve confirm and ratifie all and singular Articles in favour of the Roman-Catholicks capitulated between the most renowned Kings by reason of this Marriage and that the said Parliament shall revoke and abrogate the particular Laws made against the said Roman-Catholicks to whose observance also the rest of our Subjects and Vassals are not obliged as likewise the general Laws under which all are equally comprehended to wit ●…s to the Roman-Catholicks if they be such as is aforesaid which are repugnant to the Roman-Catholick Religion and that hereafter we will not consent that the said Parliament should ever at any time Enact or Write any other new Laws against Roman-Catholicks We accounting all and singular the preceding Articles ratified and accepted out of certain Knowledge as far as they concern us our Heirs or Successors approve ratifie applaud and promise bon●… fide and in the word of a King by these Presents inviolably firmly well and faithfully to keep observe and fulfill the same and to cause them to be kept observed and fulfilled without any Exception or Contradiction and do confirm the same by Oath upon the holy Evangelists notwithstanding any Opinions Sentences or Laws whatsoever to the contrary In the presence of the most Illustrious Don John de Mendoza Marquess of Inojosa and Don Charles Coloma Extraordinary Ambassadors of the Catholick King of George Calvert Knight one of our Chief Secretaries of Edward Conway Knight another of our Chief Secretaries of Francis Cottington Baronet of the Privy Councel to our Son the Prince of Francis de Corondelet Apostolical or the Pope's Prothonotary and Arch-Deacon of Cambray Dated at our Palace at Westminster the 20 day of July 1623. in the English style Jacobus Rex A Compared and true Copy George Calvert Chief Secretary The Form of the Oath which the Lords of the Councel took to the former Articles is this which followeth found among the Lord Cottington's Papers Formula Juramenti à Consiliariis Praestandi Ego N. Iuro me debitè plenéque observaturum quantum ad me spectat omnes singulos Articulos qui in tractatu Matrimonii inter Serenissimum Carolum Walliae Principem Serenissimam Dominam Do●…nam Mariam Hispaniarum I●…fantem continentur IURO ETIAM Quod neque per me nec per Ministrum aliquem inferiorem mihi inservientem legem ullam contra quemcunque Catholicum Romanum conscriptum executioni mandabo aut mandari faciam Poenamve ullam ab earum aliqua irrogatam exigam Sed in omnibus quae ad me pertinent Ordines à Majestate sua ex ea parte constitutos fideliter observabo Thus far Mr. Prynne who verifies the Facts above-mention'd not only from my Lord Cottington's Papers but from the Mercure Francois Tom. 9. A.