per vâ—scera misericordiae charitatem quam Christus à suis omnibus exigit ut eam paluâ— dilucide quam primùm expediatis qua multi in hoâ— regno implicatâ— torquentur Quod haec charta complectitur nullius nomine singulariter praefertur quia non ad unum aliquem pertinet quod hic petitur sed ad omnes fere nobiles quos Anglia habet Catholicos quibus jam multis modis pericula intentantur Iis universis in tua illustrissima Dominatione magna spes auxilii effulget si eadem vel Dei vel nobilitatis respectu agere dignabitur cum amicis quos in concilio habet Tridentino ut huic questioni quae totius nobilitatis nomine his adjuncta est responsum maturum Deliberatum accommodetur huc commoda tuae D. opera perferatur In quo haud dubie acquiessent perturbatae nunc conscientiae si ex tetam sancto nobili patre certiores fieri possint quid patres hac de re iudicent Quanquam fortasse tutum non fuerit hanc questionem publice in concilio proponi ne res divulgata nostrorum protestantium animos exacerbet aliquibus periculum acceleret nisi tuae prudentiae aliter videatur ideo tua prudentia consultius fecerit si ita cum selectis quibusdam hanc causam egerit ut quod ipsi in hac causa piissimi doctissimi theologi consulti significaverint id proinde valeat ac si universi patres sententias dixissent Caeterum hoc totum tuae Do judicio arbitrio relinquendi satius sit ut ipsa quod magis in rem esse prospiciat â—d libere agat Qui in Anglia â—unc sunt theologi partim metuunt partim varie respondent ideo plane omnibus satisfaciet quod te procurante ex Tridenâ—â—no huc respondebitur Pro quo vestro tam firme christiano vere religioso animo non possumuâ— non Deo opt max. agere gratias nobis magnopere gratulari Etsi enim calamitatum vestrarum sensus cunctos vehementer tangat cruciet ut Christiana charitas hortatur quae tam arcto necessitudinis vinculo omnes devinctos constrictos tenet ut mutuo afficiat membra atque fratrum commoda incommoda non aliena sed propria ducat in illo tamen non est minima consolatio quod calamitosis hisce temporibus in eo potissimum regno in quo fides religiosorum miserè jacet cernimus nullo iniuriarum concursu aut metus vi charitatis vestrae ardorem extinguâ— aut fidem convelli aut constantiam labefactari quinimò vos esse qui in tanta rerum omnium confusione ac molestiarum turbulentissimá tempestate nunquam curvaveritis genua ante Baal non sine magna Divini nominis Christianaeque disciplinae gloria Ne igitur vestris constans animus qui nullis coÌ„modis ad impietatem torqueri flective unquam potuit fallacibus rationibus ad vestram perniciem comparatis aut Divinae legis ignoratione pietatisve simulatione deciperetur minueretur quod sustinemus dignum Christiani hominis officio debitum existimavimus vestris piissimis optatis morem gerere causamque vestram examinandam accuratè diligenter maturèque commissimus gravissimis quibusdam patribus ac reverendissimis Dominis Archiepiscopo Bracharensi Archiepiscopo Lanciâ—nensi Episcopo Dombriscensi Episcopo Lerenensi reverendo patri Iacobo Laineâ— generali societatis Iesu simulque spectatissimis quibusdam Doctoribus Alphonso Salmeroni Fratri Petro de Soto quem arbitramur vobis facie nomine notissimum D. Georgio de Fr. Francisco Fercensi Doct. Melchiori Cornelio Iacobo Paiva de Andrada item Doctori quorum omnium religio pietas eruditio certissimis testimoniis explorata est Quorum sententias nostro etiam judicio comprobatas non dubitamus quin sententiae totius concilii instar sitis merito habituri Hâ—i igitur patres ac Theologi quibus haec provincia data est cum sâ—pe convenissent atque diligenter circumspectè divina oracula sanctorum patrum sententias instituta deliberando evolvissent communibus suffragiis concluserunt minime vobis sine magno scelere divinaque indignatione licere hujusmodi hereticorum precibus illorumve concionâ—bus inâ—eresse ac longe multum praestare quaevis atrocissima perpeti quam in profligatissimis sceleratissimisque ritâ—bus quovis signo illis consentire c. The Oath of Supremacie Enacted 35. Henrici octavi I A. B. Having now the vaile of darknesse of the usurped power authoritie and jurisdiction of the See and Bishops of Rome clearely taken away from mine eyes doe utterly testifie and declare in my conscience that neither the See nor the Bishop of Rome nor any forrein Potentate hath nor ought to have any jurisdiction power or authoritie within this Realme nether by Gods law nor by any other just law or means And though by sufferance and abuse in times passed they aforesaid have usurped and vendicated a fained and unlawfull power and jurisdiction within this Realme which hath been supported till few yeeres passed therefore because it might be deemed and thought thereby that I tooke or take it for just and good I therefore now doe clearely and franckly renounce refuse relinquish and forsake that pretended authoritie power and jurisdiction both of the See and Bishop of Rome and of all other forrein powers And that I shall never consent and agree that the foresaid See or Bishop of Rome or any of their successours shall practise exercise or have any manner of authoritie jurisdiction or power within this Realme or any other the Kings Realmes or Dominions nor any forrein Potentate of what estate degree or condition soever he be but that I shall resist the same at all times to the uttermost of my power And that I shall beare faith truth and true Allegiance to the Kings Majestie and to his heires and successours declared or hereafter to be declared by the authoritie of the Act made in the Session of the Parliament holden at Westminster the fourteenth day of Ianuary in the five and thirtieth yeere and in the said Act made in the eight and twentieth yeere of the Kings Majesties reigne And that I shall accept repute and take the Kings Majestie his heires and successours when they or any of them shall enjoy his place to be the only supreame Head in earth under God of the Church of England and Ireland and of all other His Highnesses Dominions And that with my body cunning wit and uttermost of my power without guile fraud or other undue means I shall observe keepe maintaine and defend all the Kings Majesties styles titles and rights with the whole effects and contents of the Acts provided for the same and all other Acts and Statutes made or to be made within this Realme in and for that purpose and the derogation extirpation and extinguishment of the usurped and pretended authoritie power and jurisdiction of the See and Bishop of Rome and all
carpers at it have been as mute as fishes o See p. 117. letter â— p A shameles untruth in his sense for he taketh Catholike as usually in this Pamphlet for the Romish and Popish Church in that sense it is most false For there were many congregations in England before this 35 of Hen. 8. of Protestants and divers crowned with martyrdome as Th. Man in the yeere 1518. Io. Browne in the yeere 1517. and divers others set down in the Acts and Monuments of the Church some before and some after Luther began the Reformation in Germanie q A notorious untruth as appeares by the very Act Ann. 35. in which the Oath of Supremacy was first required to be taken King Henry never challenged to himselfe the Style of Head of the universall Church but only to bee supreame Hâ—ad under God of the Church of England and Ireland and all other His Majesties Dominions r No other Oath at all in sense but the former only abridged in words as will appeare evidently by comparing them both which are copied out in the Appendix s A ridiculous evasion and contrary to the intention and letter of the law as shall be proved hereafter The intention of the law was to abrogate the Popes usurped jurisdiction not over the Protestant Churches which he never had but over the Romish Catholiques or Papists which he before that time enjoyed and exercised Besides the letter of the law carryeth supreame governour of the Realme and all other Her Highnesse Dominions and Countreys not only of the Protestant Church within Her Realmes This is made more evident in the Admonition to the Injunctions 1. Eliz. where Her Supremacie is described to be over all manner of persons borne within Her Realmes Dominions and Countreys therefore over Papists as well as Protestants unlesse they be no manner of persons t I acknowledge the word forreiner is sometimes taken for an opposite to domesticus fidei a stranger from the covenant of grace but in the Act of Parliament and Oath of Supremacie as it is expounded in the Admonition which is also Enacted the word forreiner can signifie no other but those who are not natives u Neither can the Pope Here we thanke him for freeing us from all subjection to the Pope and See of Rome Though he challengeth not to be the Head of the Catholike that is the universall Church of Christ scattered farre and wide over the whole face of the earth yet he challengeth to be and is Supreame Governour of all His Subjects within His Dominions whether they are members of the Romish or Reformed Church w The superstition and Idolatry of Papists practised in England doth not any way abridge His Majesties Supreame power for he exerciseth His power not in regulating those idolatrous and superstitious rites but in suppressing them and punishing those who so defile Gods worship in His Kingdome x See this Evasion refuted pag. 120. letter S. y The words of the Oath are not that no forreiner Prince or Prelate hath or ought to have any iurisdiction or spirituall authoritie within the Protestant Church but within the Realmes therefore no jurisdiction within His Majesties Dominions over any members either of the Protestant or of the Romish Church z See the Answer to this sophisme pag. 120. letter T. a It is true if the words will beare it and it be agreeable to the intention of the law lawmaker but maledicta glossa quae corrumpit contextum cursed be the Glosse which corrupts the Text quite perverts the meaning of the law as this doth See the Injunctions b Of the intention of the law and lawmaker in prescribing this oath to that which I have spoken before I shall adde something in the close of this Chapter to which â—referre the Reader for further answer c The law is just and reasonable without your forced and forged Glosse for why should not all that enjoy the benefit of his Majesties lawes as well as Protestants submit themselves to his Majesties scepter and supreame power over themselves as well as Protestants especially seeing the power is the same which the most religious Kings of Iuda and most Christian Emperours of Rome and divers of his Majesties Predecessors within this Realme have exercised upon all their subjects d See pag. 119. letter Q. e See pag. 119. letter R. f And yet his words as you cite them out of his Praemonitorie Preface pag. 9. are these The oath of Supremacie was devised for putting a difference betweene Papists and them of our profession Devised by whom but by the lawmakers and if devised by the the lawmakers for this end to put a difference betweene Papists Protestants it cannot be denied but that it was their intention to make this oath as a didinctive signe whereby to know Papists in the kingdome from Protestants g See pag. 118. letter P. h The question whether a Papist may with a safe conscience take the â—ath of Supremacie may be understood either in sensu diviso or in sensu composito in sensu diviso it is true that a Papist may and ought to take the Oath of Supremacie for he that is now a Papist may become a Protestant and then he not onely may but ought to take this Oath being lawfully tendered unto him but in sensu composito it is false that a Papist continuing in his faith and profession of popery may with a safe conscience take this Oath for this Oath implyeth the renouncing a maine Article of his faith from whence he hath the denomination of a Papist See the Notes of the Rhemists upon Act. 11.26 which fasten and assume this word or name Papist to the children of their papall Church namely the Popes Supremacie and this as before was promised shall now be demonstrated 1. â—irst from the intention of the law and lawmakers who prescribed this Oath of Supremacie as appeares both by the Preface to the Oath Whereas therâ— was a Statute made and ordained against such as would extoll and stand to the iurisdiction power and authoritie of the See and Bishop of Rome in which Statute there is comprised another oath in such wise as in the same Statute among other thinâ—â— is mentioned for as much as in both the said Oathes there lacketh full anâ— sufficient words whereby some doubts might rise Be it enacted by the authoritie of this Parliament that this Oath hereafter mentioned in this Act shall sâ—and in force and place of the same two Oathes And by these words in the bodie of the Oath I shall keepe all the contents of the Act and all other Acts and Statutes made in and for that purpose viz. the derogation the extirpation and extinguishment of the usurped and pretended authoritie power and iurisdiction of the See and Bishop of Rome As likewise by the Preface to the Act of Parliament in 1. Elizabeth viz. To the intent that all usurped and forreigne power and authoritie Spirituall and Temporall may
other forrein Potentates as afore And also aswell the said Statute made in the said eight and twentieth yeer as the Statute made in the said Session of the Parliament holden the 35. yeere of the Kings Majesties Reigne for establishment and declaration of His highnesse succession and all Acts and Statutes made and to be made in confirmation and corroboration of the Kings Majesties power and Supremacie in earth of the Church of England and Ireland and of other the Kings Dominions I shall also defend and maintaine with by body and goods and with all my wit and power and this I shall doe against all manner of persons of what estate dignitie degree or condition they be and in no wise doe nor attempt nor to my power â—uffer or know to be done or attempted directly or indirectly any thing or things privily or apertly to the let hinderance damage or derogation of any of the said Statutes or of any part of them by any manner of means or for or by any manner of pretence And in case any Oath hath been made by me to any person or persons in maintenance defence or favour of the See and Bishop of Rome or his authoritie jurisdiction or power or against any Statutes aforesaid I repute the same as vaine and annihilate and shall wholly and truly observe and keepe this Oath so helpe me God all Saints and the holy Evangelists The Oath of Supremacie enacted 1 â— Elizabeth cap. 1o. I A. B. Doe utterly testifie and declare in my conscience that the Queenes highnesse is the onely Supreame governour of this Realme and of all other her Highnesse Dominions and Countries as well in all Spirituall or Ecclesiasticall things or causes as Temporall and that no forreigne Prince Person Prelate State or Potentate hath or ought to have any jurisdiction power superioritie preheminence or authoritie Ecclesiasticall or Spirituall within this Realme and therefore I doe utterly renounce and forsake all forraigne jurisdictioâ—s powers superiorities and authorities and doe â—â—omise that from henceforth I shall beare faith anâ—â—rue Allegiance to the Queenes Highnesse her 〈◊〉 and lawfull Successour and to my power shall assâ—st and defend all jurisdictions priviledges preheminences and authorities granted or belonging to the Queenes Highnesse her Heires and Successours or united and annexed to the Imperiall Crowne of this Realme So helpe me God and by the Contents of this Booke A Proviso in an Act 5 o. Elizabeth c. 1o. for expounding this Oath PRovided also that the Oath expressed in the said Act made in the said first yeere shall be taken and expounded in such forme as is set forth in an Admonition annexed to the Queenes Majesties Injunctions published in the first yeere of her Majesties reigne that is to say to confesse and acknowledge in her Majestie her Heires and Successours none other authoritie then that was challenged and lately used by the noble King Henrie the eighth and King Edward the sixth as in the said Admonition more plainly may appeare The Admonition annexed to the Injunctions Elizabeth 1o. followes with this Title An Admonition to simple men deceived by malicious THe Queenes Majestie being enformed that in certaine places of this Realme sundry of her native subjects being called to Ecclesiasticall Ministrie in the Church be by sinister perswasion and perverse construction induced to finde some scruple in the forme of an Oath which by an Act of the last Parliament is prescribed to be required of divers persons for the recognition of their Allegiance to her Majestie which certainly neither was ever meant ne by any equitie of words or good sense can be thereof gathered would that all her loving subjects should understand that nothing was is or shall be meant or intended by the same Oath to have any other Dutie Allegiance or Bond required by the same Oath then was acknowledged to be due to the most noble Kings of famous memorie King Henry the eight her Majesties Father or King Edward the sixt her Majesties Brother And further her Majestie forbiddeth all manner her subjects to give eare or credit to such perverse and malicious persons which most sinisterly and maliciously labour to notifie to her loving subjects how by the words of the said Oath it may be collected that the Kings or Queenes of this Realme possessours of the Crowne may challenge authoritie and power of Ministrie of Divine Offices in the Church wherein her said subjects be much abused by such evill disposed persons For certainly her Majestie neither doth ne ever will challenge any other authoritie then that was challenged and lately used by the said noble Kings of famous memory King Henrie the eight and King Edward the sixth which is and was of ancient time due to the Imperiall Crowne of this Realme that is under God to have the Sovereigntie and rule over all manner of persons borne within these her Realmes Dominions and Countries of what estate either Ecclesiasticall or Temporall soever they be so as no other forreigne power shall or ought to have any superioritie over them And if any person that hath conceived any other sense of the forme of the said Oath shall accept the same Oath with this interpretation sense or meaning her Majestie is well pleased to accept every such in that behâ—lfe as her good and obedient subjects and shall acquit them of all manner penalties contained in the said Act against such as shall peremptorily or obstinately refuse to take the same Oath The Conclusion of the Authour of the Animadversions to the Reader THis Treatise Christian Reader penned by a learned and intelligent Romanist resembles Ortwhinus his Booke intituled Fasciculus rerum expetendarum et fugiendarum or the two baskets of figgâ—s Ier. 24.1.2 set before the Temple one basket had very good figges and the other very naughtie Among the very good are these assertions That in the Protestant Church there is no Idolatrie committed That the Liturgie of the Church of England hath not any malignitie in it that may â—ustifie Popish Recusancie That the Oathes of Allâ—giance and Supremacie are iustifiable by the law of God But among the very naughtie are these that when we are questioned about our Religion before a Magistrate we may vulpizure cum vulpibus goe beyond the foxe if wee can in fox-craft that in taking an oath we may frame a meaning to our selves which is proved contrary to the meaning of him that made or ministreth the Oath that we may by our outward gestures and actions make shew of that Religion of which indeed we are not that a Prudent Catholique may both frequent the Protestant Church in publique as this Priest sâ—ith he hath done often and goe to Masse â—r say Masse in private This is no better then to weare a garment not on our bodies â—ut on our soules made of 〈◊〉 and to plough in Christs â—ield with an Oxe and an Asâ—e and to 〈◊〉 betweene two opinions reproved by the holy Prophet Eliah tâ—is is to be of the
were to the injury of the Gospell retained and Christ himselfe blasphemed which no Christian eare ought to endure a See page 22. letter Q b If Papists trusted not in their owne merits it would goe better with them then I feare it will with many who the more they arrogate to themselves the more they derogate from our Saviour and the further they go from salvation I confesse many of them upon their death-beds have renounced their own merits and wholly stucke to our Saviours yet certaine it is that the generall doctrine of the Church of Rome is for trust in their own merits For they teach that faith alone doth not justifie us before God that good works are not only satisfactory for sin but also meritorious of eternall life and supererogatory also for others Consil. Trid. in sess 16. Bellar. l. 5. de iustif c. 16. and they who beleeve that they can so farre stead them do commonly confide in them Let them returne to the more ancient and true tenent with Bernard saying Meritum meum est miseratio Domini Gods mercy is my merit and if their be any worke of our own meritorious it is the renouncing our owne merits and flying meerely to Christ sufficit ad meritum scire quod non sufficiant merita Let them confesse with holy Iob Iob. 9.3 that they cannot answer one of a thousand and professe with Esay Esa. 64.6 All our righteousnesse is as filthy clowts and pray with David Psal. 143.2 Lord enter not into iudgement with thy servants for in thy sight shall no man living be iustified and close up their last Will and breath also as Bellar. is said to have done For Papists often dye in another faith then they lived with that holy ejaculation Lord vouchsafe to receive me into the number of thy Saints non meriti estimator sed veniae largitor not weighing my merits but pardoning my offences and we will not only cleare them of Pharisaicall pride and trusting in themselves but also conceive a better hope of their salvation c See a spunge to wipe out this false aspersioÌ„ upon that worthy servant of Christ and great Instrument of Gods glory pag. 59. letter H. d See the Advertisement to the Reader f The head of controversies betweene the Romish and Reformed Churches is the controversie about the Head of the Church which the Papists will have the Pope to be but reformed Churches Christ alone I say head of the Vniversall or Catholique Church but of particular Churches sovereigne Princes within their severall Realmes may be termed Heads that is chiefe Governours which this Priest here acknowledgeth For the acknowledgement of this supreame authoritie and power of the King in his dominions of England and Ireland the Oath of Supremacie was appointed by Act of Parliament in the 35. of Henry the eighth to be taken by all his Majesties subjects this Act was continued in the reigne of Edward the sixth but repealed in the first and second of Philip and Mary and revived the first of Queene Elizabeth now the question here is whether the Oath of Supremacie thus confirmed by divers Acts of Parliament exclude not that Spirituall jurisdiction which all Papists beleeve to be in the Pope Iure divino or which comes all to one whether a Papist ut siâ— that is remaining a Papist and holding his Popish religion may salvâ— conscientiâ take this Oath of Supremacie this Priest affirmeth he may but we shall demonstrate the contrary hereafter by impregnable arguments drawne from the intention of the Law-makers the letter of the Acts of Parliament and the Queenes Injunctions the judgement of the Church of Rome and the confession of the adversarie himselfe g Not the same authoritie which the Pope had in all things but so farre as it is expounded and limited in the Queenes Injunctions in the first yeere of her reigne the Queene as her brother and father before onely resumed that power which the Pope had unjusty taken from the Crowne and usurped it himselfe a power which is and was of ancient time due to the Imperiall Crowne of this Realme that is under God to have the Sovereigntie and rule over all manner of persons borne within these Realmes and Dominions and Countries of what estate either Ecclesiasticall or temporal soever they be See admonition to the Injunctions in the Appendix h Calvine conceived that King Henry the eighth by the Title of Head of the Church challenged a farre greater power then what the Act of Parliament acknowledged in him or he ever exercised but after the Title of Head of the Church was publikely declared and expounded by Q. Elizabeth boâ—h he and all the Reformed Churches rested satisfied in the lawfulnesse of that Title which imported not Supreame teacher or directer unto Trtuh but Supreame commander for the Truth in all causes and over all Persons i The intention of Henry the eighth and Queene Elizabeth was the selfe same as is expressed in the Act of Parliament 35. Henry the eighth and the Admonition annexed to the Injunctions of the 1 Elizabeth namely the extirpation and extinguishment of the usurped and pretended authoritie power and iurisdiction of the See and Bishop of Rome and the recovery of their owne right by adorning the Crowne with a flowre before wrongfully taken from it and here I cannot sufficiently admire the impudence of this Priest who so confidently affirmes that the intention of Queene Elizabeth was divers from her father in prescribing and requiring this Oath whereas she her selfe in the above named Admonition declareth to all her loving subjects That nothing was is or shall be meant or inâ—ended by the same Oath to have any other dutie allegiance or bond required by the same then was acknowledged to be due to the most noblâ— King of famous memory K. H. 8. her Maiesties father or K. Ed. 6. her Maiesties broâ—â—er k The liberty he speakes of was given by the approbation of the chief Vniversities beyond the Sea of the Romish Religion l Not to forme another Church but to reforme that Church which was before and restore Religion to her puritie by the example of Ezekiah Iosiah and other religious Kings m No power at all excepted but the former power explained onely how farre it extended viz Not to the authoritie and power of Ministrie of divine Office in the Church which none of the Kings or Queenes of this Realme possessours of the Crowne ever challenged Nor I in this place by what authoritie your Bishops anoynt your thumbes and ordaine your Priests to offer the unbloody sacrifice of the Masâ—e for the living the dead There is nec vola nec vestigium of any such calling in the Scripture or purer Antiquitie as for our Ministry it is â—o clearely justified together with the succession thereof out of your own best records and tenents by Francis Mason de succes Episc. Ministerio Angl. that ever since the printing therof all your Romish cavillers
for ever be cleerely extinguished and never to be used or obeyed within this Realme or any other your Maiesties Dominions and Countries may it please your Highnesse that it may be enacted as followeth c. Hence I thus argue No Papist with a good conscience can take an Oath prescribed by an Act of Parliament made purposely and with an expresse intention for the extirpation of the Popes jurisdiction and Supremacie over the whole Church which he claimeth by vertue of Christs promise made to Peter tibi dabo claves But such is the Oath of Supremacie as appeares by the Statutes above cited Ergo No Papist with a good conscience may take it 2. Secondly from the letter of the law and formalâ— and expresse words of the Oath which are these That neither the See nor Bishop of Rome nor any forreigne Potentate hath or ought to have any Iurisdiction power or authoritie within this Realme neither by Gods Law nor by any other iust law or meanes Henry 8.35 yeere hereunto adde the Admonition to the Queenes Injunctions Hence I thus argue No Papist may take an Oath which containeth in it the renouncing a prime Article of his faith necessary to salvation in his Religion and the iudgement of his Church But every Papist taking the Oath of Supremacie renounceth a prime Article of his faith necessarie to salvation For so we reade in the Extravagans cap. unam sanctam de maior et obed Subesse Romano pontifici omni humanae creaturae declaramus dicimus definimus et pronunciamus omnino esse de necessitate salutis We saith Boniface the eighth declare say define and pronounce that it is altogether or absolutely necessary to salvation for every humane creature to be subiect to the Bishop of Rome Ergo no Papist may take the Oath of Supremacie 3. Thirdly from the judgement of the Church of Rome which accounteth Fisher Bishop of Rochester and Sir Thomas Moore sometimes Lord Chanâ—ellour of England blessed and glorious Martyrs because both these lost 〈◊〉 heads â—ather then they would acknowledge the King Supreame Head 〈…〉 and 〈◊〉 the Popes Headship To omit the testimonies 〈…〉 â—ovius Bishop in Italie Iohn Cochleus of Germanie William Paradine a learned Historian of France Cardinall Poole living in the Court at Rome and writing to the King in the defence of Ecclesiasticall unitie saith thus by the figure of Apostrophâ— Thy Father O England thy ornament thy deâ—â—nce was brought to his death being innocent in thy sight and a little after he lefâ— his life for thy sake left he should overthrow and bâ—tray thy salvation and Cardinall Bâ—llarmine in his Booke De Scriptoribus Ecclesiasticis ab Anno 1400. ad 1500. thus writeth of Fisher Bishop of Rochester Iohannes Fischerus natione Anglus Episcopus Roffensis posteà S. R. E. Cardinalis et quod longe gloriofius est Martyr Christi occisus est Henrici octavi Regis anglorum iussu Anno 1535. Iohn Fisher an English man Bishop of Rochester and afterwards Carâ—inall and which makes him farre more glorious a Martyr of Christ was slaine by the coommandement of King Henrie the eighth in the yeere of our Lord one thousand five hundred thirty five Whence I thus argue To his evasion that it was not the same Oath See the answer p. 119. letter R. and the Appendix p. 141. Either Fisher and Moore were no Martyrs who died for refusing to take this Oath or they are no good Papists who take it But Fisher and Moore were famous and glorious Martyrs in the opinion of the Romane Church as hath beene prooved Ergo they who take the Oath of Supremacie are no good Papists 4. Fourthly from the confession of this Priest pag. 118. The Oath of Supremacie when it was made in the dayes of King Henry 8. was unlawfull to be taken by any Catholique and pag. 119. If any had sworne the King to be Supreame Head of that Church he would have sworne false as making the Church a monster having two heads or depriving the Pope of his authoritie granted him by God Whence I thus argue The Oath of Supremacie prescribed by that Act of Parliament in the 35. of Henry 8. was unlawfull to be taken by any Roman Catholique as this Priest confesseth But the Oath of Supremacie prescribed by Act of Parliament in the first of Elizabeth in force at this day is the same with the Oath prescribed by Act of Parliament in the 35. of Henrie the eighth as appeareth by comparing both the Oathes together with a proviso in an Act the fifth of Elizabeth for expounding this Oath where it is said That we confesse and acknowledge in her Maiestie her Heires and Successours no other authoritie then that which was challenged and lately used by the noble King Henrie the eighth and King Edward the sixth as in the Admonition to the Qeenes Injunctions more plainly appeares The Queenes Maiestie would that all her loving subiects should understand that nothing was is or shall be meant or intended by the same Oath to have any other Dutie Allegiance or Bond required by the same Oath then was acknowledged to be due to the most noble King of famous memorie King Henrie the eighth her Maiesties father or King Edward the sixt her Maiesties brother Ergo the Oath of Supremacie prescribed by Act of Parliament the first of Elizabeth is unlawfull to be taken by any Romane Catholique I conclude therefore super tota materia that the taking of the Oath of Supremacie is an abrenunciation of the Romish faith and consequently that we wrong no Papist that takes the Oath if we beleeve him a forswearer who forsweares his beliefe De memorando irrotulatâ— * The Helâ—esaus wâ—re condâ—mned for heretikes for holâ—ing a man might deny his faith with his mouth so hee keepe it in his heart Euseb. hâ—st l. 6. c. 31. a Rom. 10.10 Cic. pro 〈◊〉 Amâ—r vultu saepe ladâ—tur 〈◊〉 Ep. â—â— contamiâ—ari se 〈…〉 aâ—am illam vidâ—â—i◠〈◊〉 ibid. Feâ—endâ—m ne est ut gentilis sacrifâ—câ—t christianus inter sit Sâ—zo hist. eccles l. 5. c. 16. prejecto ad pedes auâ—o c. * Suidas in Auxent * Marcus Bishop of Arrethusa Theod. hist. l. 3 c. 6.
and Supremacie Matth. 10.16 Be ye wise as Serpents and Simple as Doves LONDON Printed by I. L. for Nicholas Bourne at the South entrance to the Royall Exchange 1642. A Preface to the Reader Gentle Reader I Am to write of a point of Controversie wherein I know that I shall undergoe the censure of divers sorts of people yea amaze some at the strangenesse of the thing Yet my intention being good as tending to the safeguard as well of souls as bodies of all and I my selfe being constrained by a kinde of naturall necessitie thereto as suffering much not only by the severitie of the Laws for my Religion which is the least but likewise both spiritually and temporally by the malice and treachery of some evill spirits instigating others to take advantage by Religion doe hope to finde approbation therein at least of the wiser sort Although I cannot see but why in reason not pretending the least prejudice to Religion but rather the good of Gods Church as I shall make appeare the weakest sort of Catholiques should not be likewise pleased therewith For although Religion as it is taken for Christian beliefe ought of every man to be professed according to St. Thomas Aquinas and other Doctors 2a. 2ae q. 3. at two particular times viz. when and as often as the glory of God shall conduce therunto or the spirituall good of our neighbour shall be either conserved or augmented thereby grounding themselves upon the words of our Saviour Matth. 10.32 Qui me confessus fuerit coram hominibus confitebor ego eum coram patre meo qui in caelis est Every one that shall confesse me before men I also will confesse him before my Father which is in heaven Yet it is not necessary to salvation that any man at all times and in all places doe confesse his Religion without necessitie Whence if a man should goe out into the Market place and cry himselfe to be of such and such a Religion or should write upon the frontispice of his house in a countrey contrary to his Religion here liveth a Christian a Protestant or Catholike his act would be thought so farre from vertue or religion as that it would be rather deemed presumption or the height of indiscretion Hence it is that although a Catholike be bound under paine of damnation to professe his religion in the twice before assigned yet he is not bound to professe a Recusancy of a thing of its own nature indifferent thereby at all times and in all places to discover his Religion for this were as much in effect as to cry himselfe over the whole kingdome or to write over his doore that he were A Catholike or at least some Sectary For as I shall hereafter say Recusancy is common both to Catholikes Brownists and other Sectaries different in opinion from Protestants which would be an occasion to call himselfe in question for the Religion he professeth whence I may rightly describe the Recusancy of Catholikes no otherwise then to be an indiscreet discovery of a mans Religion without necessitie or obligation whereby he makes himselfe lyable to the penall laws of England for not going to Church Which was brought first amongst them into England by a certaine company of men for temporall ends procured covertly and by indirect means from twelve Fathers of the Councell of Trent and certaine Popes upon false suggestions to the ruine of many men That I proove what I have said it is necessary that I relate the manner how it was brought in In the beginning of Queen Elizabeths reign and the alteration of Religion in England Catholikes went to Church to conforme themselves to the State as they did in K. Edward the sixths time yet privately kept to themselves the exercise of their owne Religion Which some Priests perceiving not convenient for the propagation of their owne family then newly hatched wrought in the Councel of Trent that twelve Fathers of the said Councel not all Bishops yet favourers of the said family might be selected to declare to English Catholikes upon these suggestions following viz. that the Protestants of England were idolatrous and blasphemous hereticks hating God and his Church that their commerce especially at Church would be an occasion of the subversion and ruine of their soules denying and betraying of the true faith giving of scandall to men of tender conscience as breaking that signe which was distinctive betweene the people of God and not his people that it was altogether unlawfull for them to goe any longer to the Protestant Church as appeareth by the words of the said declaration which if I had by me I would willingly have here inserted This declaration being thus obtained they possessed certain Popes to wit Paul the fourth Pius the the fifth the two last Gregories Sixtus Clement and Paul the fifth so strongly with the same and the aforesaid suggestions that the said Popes likewise declared as it is said by certaine rescripts which I never yet could see their going to Church to be likewise unlawfull Which said suggestions had they beene or were they true I should likewise say and grant it unlawfull but not being true as I shall hereafter shew the common opinion of Divines in this point is to be followed to wit that it is a thing indifferent and therefore may be lawfull to frequent the Churches of Schismaticks Now to prove what I have said that it was first brought in by a certaine company of men It is evident in it selfe by the carriage of the businesse for it is altogether improbable that one mans authoritie to wit Doctor Sanders who is named to be the onely Agent herein a man alwaies ill relished in our state and therefore in this point to be esteemed partiall could select so many Fathers out of the said Councel in a matter of such importance upon his owne bare suggestion or that the said Fathers would or ought to have declared the same unlesse they had been made beleeve that the aforesaid suggestions were true in the common opinion of most of the Priests then in our kingdome That it was wrought for temporall ends by the said company the event shewes the same for there is none that have got or do get thereby but onely the said company as appeares by their abundant treasure and rich Colledges for Recusancie begets persecution and persecution almes deeds that God may assist the afflicted in their distresses And by this Recusancie great mens children can get no learning or science within this kingdome but must be sent beyond the Seas each at twentie five or thirtie pound per annum by which their said family was and is propagated and their heape increased Further the politicall invention of recusancie was so sweet and pleasing by reason of the great gaine which it brought that one of the said company Authour of the answer to the libell of Justice all besmeared with wonted pietie so
such a command if he had knowne the truth And if any shew of evill result or scandall arise in that he is not obeyed the necessitie of doing the contrarie act being in danger of death must excuse and take away all scandall for in such a case no humane lawes binde as I shall hereafter say I answer to this Objection secondly that there is a disparitie betweene the said meates and going to Church in that the said meates were not to be eaten of necessitie that is there was neither hazard of life or goods in abstaining or more gaine then prejudice of soules in eating And therefore it was more requisite that the wise should abstaine in a matter of so little moment or necessitie where there was scandall then that the weake should have been instructed and admonished that it might have beene done without sinne which is not so in going to Church For in abstaining from thence there is both hazard of life and fortunes and as I shall hereafter say losse of soules and therefore of necessitie the weake are to be admonished and instructed that there is no sinne in the act neither is going to Church prejudiciall but advantageous to soules as experience teacheth Adde that if there were any humane law or Ecclesiasticall law forbidding going to Church it were not to be fulfilled with hazard of life or goods as all Casuists hold See Azorius Navarr consil de haeret above cited if otherwise it doth not appeare forbidden by the law of God For all humane lawes tend to the preservation and conservation of the whole man even in the greatest state of perfection and where by reason of keeping a law disjuncture either of soule or body may probably follow there that law is for the time to be suspended as appeares in the law forbidding to eate flesh in the Lent saying the divine office with danger of being apprehended and the like where the weake ones are rather to be instructed of the necessitie of suspending the law then the body to perish by keeping the same the same say in our case And I doe with reason perswade my selfe considering the Apostles whole discourse in the aforesaid 8. Chapter to the Corinthians that notwithstanding his words verse the 13. if there had beene no other food to have beene gotten for him to have preserved him from famine then the said flesh so offered to Idols that he would rather have perswaded the weake ones that there had beene no sinne in it if with due circumstances they had eaten and how and in what manner they might safely have eaten and so have prevented his sinning against the brethren verse 12. and striking their weake consciences then by abstaining from that and as is supposed wanting all other food have perished through hunger It may be objected thirdly that those famous Doctors of Rhemes William Allen afterwards Cardinall Richard Bristoe William Reynolds and the aforesaid Gregory Martin who translated the whole Bible into English with annotations upon the same in many places as well of the Old Testament as of the new held it unlawfull for any Catholike to goe to the Protestant Church Ergo It is unlawfull and scandalous to goe to the same To the antecedent I answer that the said Doctors were reverend and learned men and their worke renowned but because they would have the same goe forth with more lâ—stre as pleasing the Pope and to avoid all opposition of the aforesaid suggestors they forsooke the common opinion of Divines in two points then agitated the one that the Pope could not depose Kings of their temporall dominions And the other that Catholiques might frequent the Churches of Schismaticks Which they might well doe for their ends being Doctâ—rs and giving some seeming probable reasâ—ns for the same the contrary opinions not being condemned by the Church but left under dispute Yet hence the consequence doth not appeare true For if the aforesaid Doctors had spoken from their hearts grounding themselves upon the Church or reason their interpretation of Scriptures with notes would with me in these poynts have had great authoritie and the conclusion have stood good Whereas now one of the said foure to wit Gregory Martin having delivered his opinion that it was lawfull for a Catholike to goe to Church as appeares by the said booke of R. P. pag. 109. and 110. it seemeth they did not speake in that point their mindes freely peradventure because it was not expedient for all sorts of people which I confesse to be the best reason Yet for Gods sake let us speake the truth in these troublesome times to men at leastwise of reason and understanding Againe the very reasons they give in their annotations upon the fifth Chapter and 19. verse of the 4. booke of Kings doe shew that they did intend but seeming reason and not wholly convincing for whereas for our opinion is and alwaies hath beene usually brought the example of Naaman the Syrian permitted as I have said before by the Prophet Elizeus to goe to the Idolatrous temple Rimmon which is most proper to our case the aforesaid good Doctors reject the said example as nothing like to the same 1. The first reason is because of the time for since the preaching of Christs Gospel say they we are more strictly commanded to professe our faith then in Naamans time Which reason I conceive under favour to be impertinent as well to Naamans case as to ours for the doing of an act indifferent may neither be a profession or a deniall of faith but a meane betweene both viz. a not discovery of the same Neither was it more lawfull in Naamans time to deny God then now 2. The second Reason is because of the place For that the Noblemans religion was not practised in the Countrey where he went to the temple and so there could no scandall arise thereby This reason is in my judgement besides the purpose for no more is Catholike religion practised in this Countrey where we goe to Church Again it proves not Naamans case hereby more lawfull then the going to Church for there may be scandall where a thing of its owne nature may be lawfully done as there might have beene scandall in our Saviours povertie Matth. 17. if he had not prevented it And there may be no scandall and yet the act unlawfull Therefore if it were lawfull abstracting from scandall that being in our case easily avoyded or taken away the thing may still remaine lawfull For if he that goeth to Church be a knowne Catholike the weake are to be admonished of the indifferencie of the thing and the urgent necessitie he hath to doe it and so scandall is avoyded If he be not knowne how can he give more scandall then Naaman did or to whom 3. The third reason is because of the difference of persons in that Naaman had an Office to serve the King in the temple and therefore he might goe lest otherwise the King should have thought
them up either in science or any other art or trade by reason of Recusancie and this to the ruine of all poore people many having a very great charge and small revenues and part of that likewise taken away for Recusancie Againe if the aforesaid suggestions had presented to their consideration the meanes and wayes of Conversions of kingdomes in generall as that they ought to be done either by miracles warre or policie And have reasoned that for miracles they were not to be expected for that those God ordinariâ—y granted but to Infidels and where by secondary causes they were not probably fezible that by warre they could not be done without a great deale of blood-shed which ought to be avoyded and most commonly with a great deale of rebellion and treachery which were utterly unlawfull And that they were fezible in policie by civilly conversing intermingling and insinuating themselves by degrees into the conversation of all sorts of people So that in time a good effect might have been wrought would not this discourse have been more consonant to truth and charitie and lesse displeasing or odious to our State of England then to suggest that they are Idolatrous hereticks blasphemers of God and his Church professours as indeed they are not because they know the true and sincere professe it of a false religion subverters of souls but poore ones God wote abominable scandalous people c. and that it was a scandal for good people to converse with them in things indifferent and therfore desire that it might be declared unlawfull coÌ„manded that no Catholike might converse w th them as in Christian libertie otherwise he might lawfully do thereby to introduce for their own ends our now goodly distinctive sign of recusancie I appeale to any wise mans judgement And whether the aforesaid rescript and other briefs were not gotten by meere suggestion the case being truly set down by me as it is I appeale likewise to the Pope himselfe who to mine owne knowledge hath been likewise lately notably abused in the like manner Ann. 1639. one Francis Damport alias a Sancta Clara. being at London and having written a booke called Deus Natura Gratia which being disliked by one Day a Franciscan and through the same dislike at Rome being there called into the Inquisition was so much displeased both with his Holinesse and the said Day that he publiquely â—eered the Pope saying that whereas before he thought him infallible which he never thought to my knowledge now he saw that he was fallible as other men were And indeavouring revenge against the said Day substituted a most ignorant and lewd man one George Perrott his ordinary Broker in seditious matters to goe with the sâ—id a Sancta Clara his instructions to Signior Gregory Pauzana then the Popes Agent in London accusing the said Day with much zealous hypocrisie that he had put forth certaine pictures to the hurt of Gods Church and infinite scandall of Protestants After went a Sancta Clara cum tanta gravitate seconding with an abominable deale of zeale and authoritie having then got himself to be Provinciall the complaint of the said Perrot Hereupon the said Signior with the said a Sancta Clara's sollicitor Luke Wadding an Irishman in Rome complaines to the Pope and obtaines upon the former mens suggestions a terrible Bull against the said Day being never cited to answer admonished or knowing any thing thereof The Bull being come to the said a Sancta Clara his lodging in Fleetstreet and safe in his deske he did me the honour to shew me the same Which I read and asking the said a Sacta Clara why he procured it he told me for the said Day his putting forth of the said pictures who likewise said that the said Day knew nothing of the same and therefore desired me to be silent At which I was much astonished and knowing very certainly the ground of the whole businesse to be false and therefore that both the said Day the Popes Agent and the Pope himselfe were most horribly abused I thought that if the said a Sancta Clara were permitted in this manner to abuse men the best men living might be censured excommunicated degraded and what not without ever being heard Which is no practise among Heathens As for the setting forth of the said pictures the matter in them contained as being from my purpose I omit Yet thus much will I speake that it was a thing approved of through the whole Catholique Church the said pictures themselves liked yea desired of the said Day his superiours who to this day doe acknowledge their approbation of the same countenanced by the said a Sancta Clara Perrott and all others ever after they were put forth for the space of above ten yeers before to mine own knowledge A booke at the same time of a Sancta Clara his complaint printed at Doway in defence of the same never proved by oath that any of the said pictures ever came to the hands of any one Protestant Neither doe I thinke that any one Protestant unlesse it might be such as a Sancta Clara had suborned for his own revenge to speake against the same ever saw any of them and therefore there could be no indiscretion or scandall by them proved Nay the said pictures being made for some particular friends devotion not so much as one Catholique to an hundred had or knew of them but contrariwise some that had them from the said Perrott were scandalized through weaknesse by the said a Sancta Clara his questioning of them in this manner as though that should be set forth for their devotion that in it selfe was false Yet notwithstanding all this the malicious suggestions of the said a Sancta Clara against this mans doings did so farre prevaile that Dayes innocency was thought worthy to be condemned by the said Bull for doing a pious and a religious act This indeed I must say that the said a Sancta Clara when he had him at his mercy through the remorse and sting of his own conscience durst not promulgate the said Bull but kept it dead in his deske for feare that those who otherwise honour the Popes Bulls honestly and lawfully gotten would have called him to the Kings Bench Barre for bringing in of this And had he not taken the benefit of the Proclamation of banishment notwithstanding his ambitious and seditious wit he would have been not only questioned for this Bull but likewise for other matters of a farre fouler nature which made it high time for him to run Let any man now judge whether the Popes Holinesse doth not suffer much by hypocriticall suggestions whether he that so notoriously abused him in words did not likewise doe it in deeds For about the same time when the said Bull came over his said booke likewise came out of the Inquisition at which newes the said a Sancta Clara again grudging that his said book should be so questioned and yet passe although by
chuse both the Oathes of Allegiance and Supremacie which if with patience they will but heare when I have said what they are I will presently prove that they may be most lawfully taken The Oath of Allegiance divided into eight branches 1. I A. B. Doe truely and sincerely acknowledge professe testifie and declare in my conscience before God and the world that our Soveraigne Lord King Charles is lawfull and rightfull King of this Realme and all other his Majesties Dominions and Countryes 2. And that the Pope neither of himselfe nor by any authoritie of the Church or See of Rome or by any other means with any other hath any power or authoritie to depose the King or to dispose any of his Majesties Kingdomes or Dominions or to authorize any forreign Prince to invade or annoy Him or His Countreys or to discharge any of his Subjects of their Allegiance or obedience to his Majestie or to give licence or leave to any of them to beare armes raise tumults or to offer any violence or hurt to his Majesties Royall Person State or Government or to any of His Majesties Subjects within His Majesties Dominions 3. And I doe sweare from my heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted by the Pope or his successors or by any authority derived or to be derived from him or his See against the said King his heires or successors or any absolution of the said subjects from their obedience I will beare faith and true Allegeance to his Majestie his heires and successors and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their persons their Crown and Dignitie by reason or colour of any such sentence or declaration or otherwise and will doe my best indeavour to disclose and make knowne unto His Majestie his heires and successors all treasons and trayterous conspiracies which I shall know or heare of to be against him or any of them 4. And I doe further sweare that I doe from my heart abhorre 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 5. And I doe beleeve and in my conscience am resolved that neither the Pope or any Person whatsoever hath power to absolve me of this Oath or any part thereof 6. Which I acknowledge by good and full authoritie to be lawfully ministred unto me and doe renounce all Pardons and Dispensations to the contrary 7. And all these things I doe plainly and sincerely acknowledge and sweare according to the expresse words by me spoken according to the plaine and common sense and understanding of the same words without any equivocation or mentall evasion or secret reservation whatsoever 8. And I doe make this recognition and acknowledgement heartily willingly and truly upon the true faith of a Christian. So helpe me God This Oath according to every part and parcell of the same may be lawfully taken by any Catholike as have averred both M. Widdrington Sir William Howard and others who have so substantially wrote of the same with explanations of each branch that I thinke no wise man dares hazard his credit in going about to refute the same Yet the weaknesse of some Catholiques hath beene so great that they have not onely taken scandall being of the Pharisees not much to be regarded but gone about to defame such as stood for this Oath to their great prejudice notwithstanding the said Mr. Widdrington in his Newyeeres-gift hath sufficiently proved that besides the authoritie of many famous Divines it was the opinion of the chiefest secular Priests in England but these uncharitable proceedings were hatched by a sort of arrogant and covetous people who laboured to make every thing scandalous among Catholiques that was not done by their approbation and to this purpose the first principles were to leade people into scruples and being there to put a ring upon them abusively tearmed the yoake of our blessed Lady by which they might more easily leade them to their opinions and censures as men doe Bears to their purposes Oh wise Venetians how sacred are your lawes would a man thinke that such blindnesse or rather envious peevishnesse could be in Catholiques as what they understand not to censure at their pleasure without any respect of persons and presently judge them as fallen men whom they dislike although indeed firmer then themselves and very well able to teach most of their guides But to the purpose the truth is that the aforesaid Authours have so fully proved the lawfulnesse of taking the said Oath that no man needs speake more in proofe thereof as not being able to speak better to the purpose And therefore I referre every man to the said Writers to informe themselves lest they demeritoriously suffer for refusing the â—ame This onely give me leave to insert as a caution to some that considering it is contrarie to the Popes forced opinion as appeareth by his Declarative Breve he that shall sweare or abjure the doctrine and position That Princes which be c. in the fourth branch as impious hereticall and damnable I conceive indirectly abjureth the Popes opinion as impious hereticall and damnable and what a fault that may be made in Rome especially by some suggestors who although to mine owne knowledge doe teach this Oath lawfull in private to men of qualitie yet in publique and to his Holynesse out of a seeming zeale they will lament the fact I leave to the judgement of wise men When as they shall sweare his doctrine erroneous in such bitter terms whom they acknowledge to be the supreame Pastour of their souls questionlesse in such it will be interpreted at the least arrogacie and presumption And I for mine owne part should thinke it very hard to be forced to take the Oath of Supremacie in Rome under any termes directly or indirectly misbeseeming my dutie to my naturall Prince howsoever he might erre in mistake And therefore I doe humbly present the consideration of our case in this Oath of Allegiance to his Majesties most gracious Clemencie This caution or consideration I present to such as having taken the said Oath intend afterwards to converse at Rome But if death or ruine urge then spectata conscientia I say as before follow the opinion of Sir William Howard and Master Widdrington as secure For in such extremitie it is to be hoped that his Holinesse will be rather a pious and pittifull father then too severe a Judge If any be urged to this Oath out of any temporall preferment let him follow the example of that huge Divine a Sancta Clara an acquaintance of mine and take it in private before a Master of the Chancery and get a Certificate thereof from him and it will be sufficient Here is to be noted
she meant that she might dispose of Church matters as her Father had and have power to forme what Church she pleased and so that should suffice her Highnesse It is to be noted thirdly that the aforesaid oath when it was made was unlawfull to be taken by any Catholique as the oath before made in the dayes of King Henry the 8th Although when it was made it was not altogether so unlawfull as that of King Henry because in his dayes there was no other Church extant or like to be extant in England but the Catholique Church of which contrary to the Law of God and his own conscience he made himself head as appears by a booke set forth by the said King himself in the later end of his raigne and many yeers after he had framed his Oath of Supremacie intituled A necessary Doctrine and Erudition for any Christian man set forth by the Kings Majestie of England c. In which he sets forth the Christian faith then to be professed in England Which was as absolutely Catholique and the self-same in every point as now it is in Rome And if any man should have sworne him the supreame head as he intended of that Church he would have sworne false as making the Church a Monster in having two heads or depriving the Pope of his authoritie granted him by God which had been to have denyed an Article of faith but when the said Oath was repealed in Queene Maries dayes And another Oath of Supremacie made in the aforesaid first yeere of Queene Elizabeth It was as I have said to inable her not so much to be head of the Church then extant and to be utterly abolished as to be Governour of a new Church distinct from the Catholique Church then out of hand to be propagated and established of which to sweare Her Head before it was or to sweare Her Head of the Church then extant which she conceived superstitious of which indeed she was not head was in a true and proper sence unlawfull And so continued unlawfull untill after the abrogation of Masse and perfect establishment of the new Protestant Church within this Realme and other His Majesties Dominions Which being established as now it is the said Oath of Supremacie ceased from being unlawfull because then there was an apparant face of a Church distinct from the members of the Catholique Church which then began scarce to appeare in respect of the greater multitude of which only she was supreame governour and chief head and no other person whatsoever had or ought to have any jurisdiction or preheminence in the same and all that were or are not of the same faith and Church were and are in a true and proper sense forreiners to the same It is to be noted fourthly that a man may be said to be a Forreiner in a twofold sence First in respect of a temporall Dominion Secondly in respect of faith whence ariseth a spirituall jurisdiction In the first sence all that are not Natives of His Majesties Dominions although some Lawyers say all that doe no homage to His Majestie are forreiners In the second sence all that are of the Protestant faith with the King are Domesticks of the same faith and within His Dominions only subject to His spirituall jurisdiction by the Laws of the Realme And all that are not of the Protestant faith are forreiners to the same conformable to St. Paul who accounted all those of whatsoever Nation or under whatsoever temporall Dominion or Iurisdiction in the world who were of the same faith with himselfe which he taught were Domesticks of that faith And those of whatsoever Nation or temporall Dominion that were not of the same faith he accounted forreiners Whence he saith Gal. 6.10 Let us doe good to all but especially to the domesticks or those of the house of faith And 1 Thess. 4. vers 12. Rogamus ut honeste ambuletis ad eos qui foris sunt nullius aliquid desideretis We desire you brethren that you walke honestly towards them that are without that is forreiners to our faith and need nothing of any mans It is to be noted fifthly and chiefly what conditions are required in every lawful oath which according to the Prophet Ieremy are three viz Truth Iudgement and Iustice for he saith in his fourth Chapter Thou shalt sweare our Lord liveth in truth and in judgement and in justice upon which place the holy Doctor S. Hierome noteth that the foresaid conditions are requisite to every oath of whom all Divines have leâ—rned the same requiring in every lawfull oath every of the said three conditions The reason hereof is because an oath being an invocation of God as witnesse that what we speake is true it is requisite that we should use judgement or discretion to see that we doe nothing rashly or without due reverence devotion and faith towards so great a Majestie but we must especially regard that we make not him who is the chiefe and Soveraigne veritie and inflexible justice either ignorant oâ— what we say or Patron of a lye as witnesse of that which either is false in assertion or unjust in promise Hence an oath wanting Iudgement or discretion and wisdome is a rash and foolish oath that which wanteth Iustice is called an unjust oath And finally where there is not truth it is adjudged a false or lying oath and is more properly then all the rest called Perjurie These notes premised I shall now prove the said Oath of Supremacie to be lawfull for any Catholique to take Every Oath that is accompanyed with the three said conditions or companions viz. veritie justice and judgement in the opinion of all Divines Canon and Civil Lawyers is a lawfull Oath but such is the Oath of Supremacie above recited in every part and particle of the same Ergo. The Minor is proved discoursing of every branch in particular and first of the first branch wherein I sweare that the King is only Supreame Governour of this Realme as well in all Spirituall or Ecclesiasticall things or causes touching the Church of the said Realm as Temporall touching the State or of any other his Dominions Which I doe sweare discreetly as a thing true and just For there is no other Supreme Governour of temporall things to be assigned but the King as all will confesse nor of Ecclesiasticall things or the Church of England as by a sufficient Enumeration may be proved For the Parliamâ—nt is not supreame governour of the Churches within this Realme when as according to the naturall light of reason the King is governour of that and therefore not supreame The Primate cannot be assigned supreame governour when as he hath all his authoritie of government from the King and so he hath a Superior A Lay-eldership cannot be supreame governour for although it be unknowne what it is or from whence it receiveth its authoritie yet I thinke no Lay-eldership so barbarous as not to