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A59242 Reflexions upon the oathes of supremacy and allegiance by a Catholick gentleman, and obedient son of the church, and loyal subject of His Majesty. Sergeant, John, 1622-1707. 1661 (1661) Wing S2588; ESTC R33866 51,644 98

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and accordingly in many particulars practised it to the which several clauses also both in this and following Statutes seem as if they gave warrant yet the Parliament by the said Provizo laid a ground how they might in future and better times shew how they meant no such thing The words are these PROVIDED alwayes that this Act nor any thing or things therein contained shall be hereafter interpreted or expounded that your grace your Nobles and Subjects intend by the same to decline or vary from the Congregation of Christs Church in any things concerning the very Articles of the Catholick Faith of Christendom or in any other things declared by holy Scripture and the word of God necessary for your and their Salvation but only to make an ordinance by policies necessary and convenient to repress vice and for good conservation of this Realm in peace unity and tranquillity from rapine and spoil insuing much the old ancient customes of this Realm in that behalfe Not minding to seek for any reliefes succours or remedies for any worldly things and humane lawes in any case of necessity but within this Realm at the hands of your Highness your Heirs and Successors Kings of this Realm which have and ought to have an imperial power and authority in the same and not obliged in any worldly causes to any other Superiour By this Proviso never repealed the Parliaments Ordinance is declared to be meerly Political that the Kings Independence on forraign power is in worldly things and humane lawes he being in worldly causes not obliged to any other Superiour 50. Thus far of the sence in which both the most judicious among the English Protestants have declared and have been authorised to declare what power it is that by the Oath is deferred to the Kings of England and renounced to be in any forraign Prince or Prelate to wit a civil Political power wheresoever it can be exercised in any causes Ecclesiastical c. Against this there is not extant a contradictory Testimony of any one Protestant Writer So that the Protestant Subjects of England do intend and judging that they have unquestiónable grounds to judge this only to be the sence of the Oath in this sence only do they take it and require it to be taken by others SECT VII In what sence the Oathes of Supremacy and Allegiance seem to be taken by Presbyterians Independents c. 51. IT is a wonderfull Mystery how it should come to pass that our English Prebyterians c. should especially now of late with so much willingness and greediness themselves swallow these Oaths and so clamorously not without threatning urge the imposing them upon others Is it because the Oath of Supremacy has so peculiar a conformity to their principles and that of Allegiance to their practises or that they are so ready and pressing to disclaim and condemn all that themselves have done these last twenty years 52. First for ther Doctrinal principles I do not find that any of those Sects of late in England in peaceable times have publickly declared in what sence they allowed his Majesty to have a supreme Jurisdicton in causes Ecclesiastical or Spiritaul as to themselves But as to the oppression and destruction of poor Roman Catholicks they have alwayes shew'd too great a willingness to exalt the Kings Authority and to draw out and sharpen his sword far more then himself was willing I do not find that any of them have busied themselves as a world of Protestants and Catholicks have with making discourses upon the Oathes Their silence in this point wherein they are doubtless much concern'd one way or other is surely very argumentative 53. Who ever knew or heard to flow from the tongue or drop from the pen of a Presbyterian so Christian a positon as is sincerely avouched both by English Protestants and the generall body of Roman Catholicks viz. That even in case a Christian or Heathen Prince should make use of his civil power to persecute truth that power ought not upon any pretences to be actively resisted by violence or force of armes but though they cannot approve they must at least patiently suffer the effects of his misused Authority leaving the judgment to God only How unknown at least how unreceived such a Doctrine has hitherto been among their Brethren abroad will but too manifestly appear in a volume entitled Dangerous positions collected by Archbishop Bancroft out of severall books written by Calvinisticall preachers What judgment their patriarch Calvin made of King Henry the eighths new Title of the Head of the Church we have seen before And what an exception terrible to Princes the French Calvinistical Church hath made in their confession of Faith speaking of Obedience due to the supreme Magistrate appears at least every Sunday in all their hands in print Where they acknowledge such obedience due to them except the Law of God and religion be interested or to use their own expression mogennant que l'empire de Dieu demeure en son entire that is upon condition that Gods Soveraignty remain undiminished Which clause what it means their so many and so long convinced Rebellions do expound 54. And as for their practices in England and Scotland it were to be wished they could be forgotten especially all that has hapned the last twenty years And it may suffiice only in gross to take notice that the most efficacious Engin for begining the late war and engaging their party in the prosecution of it was a publick declaration that their design was to root out Popish Doctrines favoured by the King and Bishops to abolish publick Formes of Church-service and to destroy Episcopacy and Church Government root and branch which had been established in England by the universal authority of the whole Kingdom 55. These things considered is it not a great Mystery that such persons of such perswasions should be so zealous to take and impose generally either of these Oaths To think that they do knowingly directly and formally forswear themselves and force others to do so would be uncharitable Therefore an Evasion they have to secure themselves in their own opinions from perjury How little they deferr to Kings in their own Ecclesiastical matters and Government yea how they declare that none must be excepted from their consistories and Synodical Jurisdictions even externally coercive is evident both in Sco●land and elsewhere And it is observable that in the form of an Oath lately contrived in Scotland the word Ecclesiastical is studiously left out How comes it then to pass that they can in England swear that the King is supreme Head and Governour in all causes Ecclesiastical or spirituall Who can reconcile these things together in such a sence 56. Surely it will be extremely difficult if not impossible to imagine any colourable Evasion or pretext for cousening themselves except it be this That both the Oaths were made only against Roman Catholicks acknowledging the Pope to be supreme
fundamental Christian verity 2. That the preaching of that doctrine will be far more safe yea only safe in conscience because if it be probable that it is an Article of faith the teaching of the contrary may perhaps come to be Heretical which the teaching of it cannot be 104. In vain therefore do they expect so easie a condescendence from others and the more unreasonably because themselves dare not justifie this their Article of Faith in the Catholick Kingdom of France to be so much as a probable opinion no not in these times when they lately had a great Cardinal a Minister of State their confident and a Confessarius or manager of the Kings conscience their Court-instrument Who is so much too much a Courtier and as long as he lives in France too little a zelot for this their peculiar principle as that he dares not so much as motion to his penitentan acceptation of that Decree of Lateran interpreted in their sence but freely absolves him and admits him to the communion without so much as confessing among his faults his dis-beliefe of this Article yea professing the contrary Nay more they themselves whilst they are there do not believe it for if they did they would not surely omit to attempt the conversion of French Catholicks at least in articulo mortis to this their Fundamental point of Faith but this they dare not and care not to do nor do they refuse to take mony for praying for their souls as they did formerly in England to some that defended the Oath of Allegiance 105. What charme then have they to make such a topical uncatholick Aricle of Faith to serve only for the Meridian of England which of all the Countries in Christendome ought least to hear any mention of it They themselves in France are or at least appear Catholicks a la mode de France and dare not so much as in a whisper say that this is a topical Opinion much less an Article of Faith And yet the King there is of the Popes own Religion and consequently not obnoxious to the danger of it What stupidity then what blindness do they presume to find among us English Catholicks that they should fancy that we do not evidently see that it is their own secular interest only that makes the same point of Doctrine to be de fide in an Island and a pestilent errour in terra firma 106. In vain therefore do they hope that all Catholicks which have not made them the Depositaries of all their reason and common sence will admit a position infinitely prejudicial to their Religion to their King and to their own souls which they would renounce in regard of their own single Estates or persons For suppose a Bull of Excommunication should be procured from Rome against any Catholick Lord Gentleman or Farmer in England for some new Heresie of Jansenisme or for denying their Exemptions c. and that in consequence thereof the Pope by his temporal Authority should lay a sine upon their heads or deprive them of their Titles and Estates Would those Lords or Gentlemen quietly be content to be unlorded and become peasants or would they pay their fines and resign their Estates to such Apostles If not as most certainly they would not with what conscience would they suffer themselves to be perswaded that the Sacred person of their Soveraign only is obnoxious to slavery beggery and danger 107. Though that party therefore be so tender-conscienced that they dare not or so obnoxious to Superiours abroad that they must not according to the clause of this Oath of Allegiance swear that they do detest as impious that position of theirs That Princes excummunicated or deprived by the Pope may be deposed or murdred by their subjects Yet since English Catholicks yea even their own penitents will be both good Catholicks and therefore good subjects as all are in France Germany Venice Flanders c. Till an Authentick approved received decree of the Church be produced or procured to declare not in England only but all Christendom over that that position is de fide they will not be deprived of their Christian liberty to renounce it especially being assured that without renouncing of it the State will never acknowledg them for loyal Subjects It is well known that in France there was an Oath framed by the whole Body of the fiers Estate in which they are to be sound farr more comprehensive expressions then are in our Oath for therein is expresly affirmed That there is no power on Earth either spiritual or temporal that hath any right over his Majesties Kingdom to deprive the sacred persons of our Kings nor to to dispence with or absolve their Subjects from their loyalty and obedience whi●h they owe to them for any cause or pretence whatsoever 108. This will suffice concerning that position which those who will not be permitted to renounce but rather maintain it to Article of faith yet however will perhaps not refuse to profess themselves ready to swear 1. That the Kings of England excommunicated by the Pope may not be murthered by their Subjects and to detest the contrary as Heretical 2. Yea moreover that notwithstanding any sentence of deprivation ever hereafter upon what occasion soever to ensue they will bear faith and true Allegiance to his Majesty and his successours And what needs Princes desire any greater security say they what need they trouble themselves with their Subjects speculative opinions 109. But alas a miserable security a poor testimony or gage of fidelity is all this God knowes For first Murder being an unjust killing out of malice and with a deliberate purpose is a sin so horrible in it self that God himself cannot make it lawfull much lesse the Pope therefore in all reason instead of those words May not be murdred they ought to say may not be killed by their Subjects For otherwise notwithstanding that Oath the Pope may be acknowledged to be a competent Judge of life and death over our Kings to sentence them to the slaughter and that sentence may be put in execution without murther For who ever said that a Malefactour put to death by Law was murthered by the Judges sentence 110. But whether they say May not be murthered or May not be killed Princes will esteem themselves little advantaged by such an Oath unlesse the swearers say withal May not be deposed For whosoever has a supreme just right upon any pretence whatsoever to Depose Princes has thereby right to cause them to be killed in case they by armes oppose the Execution of that sentence And can it be imagined that any Prince judged an Heretick or otherwise guilty by the Pope and by him sentenced to be deposed will thereupon quietly descend out of his Throne and yield up his Scepter to one of a contrary Religion Or rather is it not most certain that they will not but on the contrary bring with them many thousands of their armed
among them 39. In Queen Elizabeths reign we have the Testimony of Doctour Bilson afterwards Bishop of Winchester whose expressions are these The Oath saith he expresseth not the duty of Princes to God but ours to them And as they must be obeyed when they joyne with the truth so must they be endured when they fall into errour Which side soever they take either obedience to their Wills or submission to their swords is their due by Gods Law And that is all which our oath exacteth Again This is the supreme power of Princes which we soberly teach and which you JESUITES so bitterly detest That Princes be Gods Ministers in their own Dominions bearing the sword freely to permit and publickly to defend that which God commandeth in Faith and good manners and in ecclesiastical discipline to receive and establish such Rules and Orders as the Scriptures Canons shall decide to be needful and healthful for the Church of God in their Kingdomes And as they may lawfully command that which is good in all things and causes be they Temporal Spiritual or Ecclesiastical So may they with just force remove whatsoever is erroneous vitious or superstitious within their lands and with external losses and corporal pains represse the broachers and abbettours of Heresies and all impieties From which subjection unto Princes no man within their Realms Monk Priest Preacher nor Prelate is exempted And without their Realmes no mortal man hath any power from Christ judicially to depose them much lesse to invade them in open field least of all to warrant their Subjects to rebel against them Moreover intending to explain in what sence Spiritual Jurisdiction seems by the oath to be given to Princes he saith first We make no Prince judge of Faith and then more particularly To devise new Rites and Ceremonies for the Church is not the Princes vocation but to receive and allow such as the Scriptures and Canons commend and such as the Bishops and pastours of the place shall advise not infringing the Scriptures or Canons And so for all other Ecclesiastical things and ●auses Princes be neither the devisers nor Directours of them but the Confirmers and establishers of that which is good and displacers and Revengers of that whi●h is evill Which power we say they have in all things and causes be they Spiritual Ecclesiastical or Temporal Hereto his adversary is brought in replying And what for Excommunications and absolutions be they in the princes power also To this he answers The abuse of Excommunication in the priest and contempt of it in the people Princes may punish excommunicate they may not for so much as the Keys are no pa●t of their charge Lastly to explain the Negative clause in the Oath he sayes In this sense we defend Princes to be supreme that is not at liberty to do what they list without regard of truth or right but without superiour on Earth to represse them with violent means and to take their Kingdomes from them Thus Doctour B●lson whose testimony may be interpreted to be the Queens own interpretation of the oath since as appears by the Title page of his book what he wrote was perused and approved by publick Authority And to such a sense of the Oath as this there is not a Catholick Clergy man in France Germany Venice or Flanders but would readily subscribe 40. In the next place suitable to him Doctour Carleton in King James his time thus states the matter Bellarmine saith he disputing of Jurisdiction saith There is a triple Power in the Bishop of Rome first of Order secondly of internal jurisdiction thirdly of external jurisdiction The first is referd to the sacraments the second to inward Government which is in the court of Conscience the third to that external Government which is practised in external Courts And confesseth that of the first and second there is no question between us but only of the third Then of this saith Carleton we are agreed that the question between us and them is only of Jurisdiction coactive in external courts binding and compelling by force of Law and other External Mulcts and punishments beside excommunication As for spiritual Jurisdiction of the Church standing in examination of Controversies of Faith judging of Heresies deposing of Hereticks excommunication of notorious offendours Ordination of Priests and Deacons Institution and Collation of Benefices and spiritual Cures c. this we reserve entire to the Church which Princes cannot give or take from the Church This power hath been practised by the Church without co-active jurisdiction other then of Excommunication But when matters handled in the Ecclesiastical Consistory are not matters of Faith and Religion but of a Civil nature which yet are called Ecclesiastical as being given by Princes and appointed to be within the cognisance of that Consistory and when the censures are not spiritual but carnal compulsive coactive here appeareth the power or the Civil Magistrate This power we yield to the Magistrate and here is the question whether the Magistrate hath right to this power or Jurisdiction c. This then is the thing that we are to prove That Ecclesiastical coactive power by force of Law and corporal punishments by which Christian people are to be governed in externall and contentious Courts is a power which of right belongeth to Christian Princes Again afterward he sayes Concerning the extention of the Churches Jurisdiction it cannot be denyed but that there is a power in the Church not only internal but also of external Jurisdiction Of internal power there is no question made External Jurisdiction being understood all that is practised in external Courts or Consistories is either definitive or Mulctative Authority Definitive in matters of Faith and Religion belongeth to the Church Mulctative power may be understood either as it is with Coaction or as it is referred to spirituall censures As it standeth in spirituall censures it is the right of the Church and was practised by the Church when the Church was without a Christian Magistrate and since But coactive Jurisdiction was never practised by the Church when the Church was without Christian Magistrates but was alwayes understood to belong to the civill Magistrate whether he were Christian or Heathen After this manner doth Doctour Carleton Bishop of Chichester understand the Supremacy of the King acknowledged in the Oath 41. In the last place Doctour Bramhall Bishop of Derry in our late Kings dayes and now Archbishop of Armagh thus declares both the Affirmative and Negative parts of the Oath touching the Kings supream authority in matters Ecclesiastical and renouncing the Popes Jurisdiction in the same here in England in his book called Schisme guarded c. The summe of which Book is in the Title-page expressed to consist in shewing that the great Controversie about Papal power is not a question of Faith but of interest and profit not with the Church of Rome but with the Court of Rome
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
by that of Allegiance Though how can Equivocation be excluded when according to them one Equivocation may be renounced by another A most horrid example whereof England has lately seen in the R. Padre Antonio Vais 72. Neither do Protestants think that a Declaration formerly made by the Pope and forbidding Catholicks to take those Oaths with any Interpretation whatsoever needs to be a hindrance to the taking of it in the forementioned sence so publickly avouched but onely in any secret meanings invented or mentally reserved by particular persons For surely the Pope intends not to take a power from Law-givers to interpret their own lawes nor to forbid their Subjects to admit their interpretations if they be agreable to truth and that the words be capable of being so interpreted as these are pretended to be Certain it is that the Pope was never informed of this so legal an interpretation For if he had he would never have forbidden that to distressed English Catholicks which to his knowledg all good Subjects in France Germany Venice c. neither will nor dare refuse to acknowledge and profess Besides say they is England now become the only Kingdom in Christendom where all manner of Briefs must be immediately submitted to without a publick Legal acceptation and without examination of the Motives or suggestions by which they w●re procured It is far otherwise now in the most Catholick Countries and was formerly even in England when it was most Catholick the Lawes then made against receiving or executing Bulls from Rome without a publick admission under the penalty of incurring a Praemunire are still in force 73. If Catholicks rejoyning say that there is another regard for which they are unwilling even to receive information touching any qualifications of these Oaths viz. because the mere admitting a probability that they may lawfully and without prejudice to Catholick Faith be taken would argue that so many vertuous wise and holy Men as have suffered death c. for refusing them have suffred without any necessary cause Such were Bishop Fisher Sir Thomas More c. in King Henry the eights dayes and many good Priests since 74. Notwithstanding say Protestants such a consequence is not necessary For first it hath been shewed that King Henry the eighth intended to exclude the purely spiritual Jurisdiction of the Pope his power of determining matters of Faith according to former Lawes of the Church c. And therefore no wonder that good Catholicks then would not betray their consciences But it is well known that Sir Thomas More advised the King to limit some excesses of the Popes Jurisdiction And an eminent writer tells us that Bishop Fisher offered to take the Oath if it might have been permitted him to explicate his sence of it which could be no other then this that he should deny the Popes temporal Jurisdiction Secondly as for those that suffred in Q. Elizabeths time it is certain that all good Catholicks would never have esteemed it a Martyrdom to dye for refusing to the King a supreme Kingly Power and attributing that to the pope They had therefore a quite different notion of what the state of England required by this Oath But of late good occasion has been given for a more exact examination of it For to make a sincere and ingenuous confession it was a Committee of the late rebellious parliament that probably first of all discovered what use they made of the foresaid proviso in the Act 5. Eliz. to warrant them to take this Oath without submitting their Religion to the King And the same use they judged that all other Sects might make of the same and justify their so doing by law even Roman Catholicks themselves 75. All these things considered it is no wonder that English protestants not being fully informed of the state of Catholicks should wonder at Roman Catholicks for their so Universal agreement in refusing an Oath so interpreted without the least prejudice to their faith but with so unexpressible a prejudice both to their estates and exercise of their Religion 76. The Authour of these Reflexions does freely acknowledge that he has been inquisitive with more then ordinary diligence into the grounds upon which Protestants do make no scruple at all to take an oath which if it had no Expounders to qualifie the sence properly imported by the words he knows they could not take it with a good conscience Nay moreover he has given all the advantage that he could to the proofes produced by them to justify that no other sence ought to be given therto by any English Subject in so much as he may apprehend that he shall incurr a danger to be esteemed by Catholicks to have a design to encourage them also to take it since that sence is such as is very convenient to the principles of Catholick Religion 77. But he protests the contrary His end in writing all this is besides a satisfaction given to his mind that he cannot now without breach of Charity charge Protestants with such an unsincerity in their taking this Oath as Presbyterians c. are apparently guilty of to afford unto the World an illustrious proof of the most perfect sincerity and the greatest tendernesse of conscience expressed on this occasion by the generality of English Catholicks that I believe ever was given by any Church since Christs time 78. They live here in their own native Country with lesse priviledg then strangers they are excluded from having any influence on any thing that concerns the Common-weale of which they are freeborn Subjects When laws are made against them as guilty persons they are not permitted to separate their cause from a few that only deserved the penalties of those lawes they are by lawes obnoxious to greater sufferings then enemies they see their families impoverished their houses invaded by savage officers their lives forfeited as Traytours for entertaining those without whom they could not live otherwise then as Pagans deprived of performing any service and worship to God c. All these miseries they groan under without proofe of any demerit on their parts the crimes of a few miserable seduced and seducing wretches and their bloody Doctrine by none in the Kingdom more detested then by themselves are made their guilt And these calamities they could avoid by taking an oath the present new acknowleded sence whereof as to his Majesties right is just and lawful And yet they dare not take it Why Because they fear God above all But do not Protestants fear him too They are no Judges of the consciences of others This they assure themselves of that if those that now take the Oath had been to have framed it they would have shewed a greater proof of their fear of God then to have expressed the Kings Supremacy in termes fit for none but K. Hen. the VIII 79. But moreover great difference there is between the case of Protestants and Roman Catholicks in regard of this Oath For
with the Titles of impious seditious infamous to Popes ruinous to States c. 96. Yea moreover within these six Moneths a certain Priest of the Hermitage of Caen called Fossart a known Emissary of that society having in his publick acts for a degree in that University advanced this proposition That the Pope has a Soveraign Authority in Temporals as well as Spirituals and that he has power to depose and constitute Kings though to evade a censure he Interpreted his Assertion saying that he understood that power of the Pope to extend only to Tyrants notwithstanding by a Decree of the whole faculty of that University both his proposition and exposition of it was censured to be impious pernicious seditious and in all regards to be detested and as such it was by them condemned And the same Fossart being after this imprisoned was sentenced by the presidial Court of Justice in Caen publickly and bare-headed to acknowledge that the said propositions were false contrary to the holy Decrees of Councels to the fundamental lawes of that Kingdom and to the liberties and rights of the Gallican Church 97. Such is the judgment of the Ecclesiasticks and State of France of this Article of Faith from which was issued rivers of blood during the Ligue there As zealous against the Temporall power of Popes has the State of Venice shewed it self And if other Catholick Kingdomes have not done the like it is because they have not had such dismal occasions and provocations to declare their minds In Spain indeed the Schools are connived at to preserve it from extinguishing because by its assistance a great part of Navarre has been annexed to that crown and some hopes of England too gave it credit there But yet when the Court of Rome would interpose in temporal matters there without the Kings liking he is as boldly resisted as in any other Catholick Kingdome besides 98. And as for the Church and State of England I mean even in former times when Catholick Religion most flourished here and when Church-Men had the greatest power what sign can be shewed that the foresaid Decree and the new article of Faith was admitted either in Parliaments or Synods Yea so far were they from acknowledging the Popes deposing power or Supremacy in Temporals that Statutes were then made and the penalty no less then a Praemunire against any that without the Kings licence should make any Appeals to Rome Or submit to a Legats Jurisdiction Or upon the Popes Summons go out of the Kingdom or receive any Mandats or Briefs from Rome Or sue in a forrain Realm for any thing for which the Kings Courts took Cognisance Or for impeaching a judgment given in the Kings Courts Or for purchasing Bulls from Rome for presentments to Churches an●iently sued for in the Kings Courts in the time of all his Progenitors And it is very observable that in the Act where the last Ordinances were made we find this expression To this all the Bishops present and all the procuratours of the absent unanimously assented protesting against the Popes translating some Bishops out of the Realm and from one Bishoprick to another And moreover the ground of their rejecting the Popes usurpations in temporal matters is there thus expressed For that the Crown of England is free and hath been free from earthly subjection at all times being immediately subject to God in all things touching the Regalities of the same and not subject to the Pope 99. All these lawes and many other of the like kind all the Kings Catholick Subjects knew and willingly submitted to without any prejudice to their beliefe that the Pope was the supreme pastour of Gods Church in spiritualibus And all these Lawes are still in force and the penalty of them no less then a premuni●e Our De-fide-men are not much concern'd in all this but sure persons of honour and loyalty and such as have Estates in the Kingdom are very deeply interested 100. And now let any English Catholick judge what reception such a decree or Article of Faith would have had in England in those most Catholick times if they had been proposed Those that were so jealous of the least deminution of the Kings temporal power in matters of the smallest consequence and that imposed the greatest penalty but death upon transgressours that is upon all Factours for the gaining to the Court of Rome any illegal temporal Authority with what indignation would they have heard only the mentioning of the reception of such a Decree And yet those Lawes were made not long after that Councel had been assembled whereby it is apparent that they were ignorant of it Those that would not suffer the least flower of this imperial Crown to be ravished from it would they admit a power and forraign Jurisdiction to take the Crown it self from the Kings head and afterward the head it self from his Shoulders 101. It is true the teaching of such an Arti●le of faith brings very great temporal commodities to those few that have the cruelty to their Country to become the preachers and Apostles of it great favour and power they gain thereby abroad and therefore they will take it kindly at the hands of English Catholicks if for a mere Secular advantage of theirs they will be content to Sacrifice their own Estates Honours Families and lives as traytors to the law●s and withall bring an unavoydable scandal to Catholick Religion besides But truly this is too dear a rate to be paid for such a commodity 102. A man would think that such Apostles should be content yea and by their own Doct●ine of probability should be obliged to grant this Doctrine of the Popes deposing power to be somewhat less then an Article of Faith The opposition of the whole State Ecclesiasticks of France against their single forces surely may be available to make it pass at least for a probable Opinion But this they must not allow because if it be not an Article of Faith unless infidelity to Princes be de fide it signifies ju●t nothing neither can it have any effect at all For certainly no Law nor justice wil permit that an Authority only probable and therefore questionable can dispossess Kings of their right to a Supremacy in temporals in which they are actually instated So that such an Authority can only have force to dispossess Princes already dispossessed 103. However they would esteem themselves much bound to any other learned Catholicks among us if they would condescend to grant that it is only probable that it is a point of faith and decree of a General Councel But in vain will they expect such a compliance For by granting only so much it will necessarily follow 1. That all the so rigorous censures given of it by the Parliaments and Vniversities of France have been most temerarious and damnable For what can be more horrible then to call a Doctrine impious seditious detestable c. which probably is a
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
substance and intention of the oath and being present do render the whole ineffectual They are assured that the first framer of this Oath K. James never intended to intangle the consciences of his subjects and if he had foreseen that a few unnecessary words would have rendred them uncapable to serve him he would never have made choice of such unhappy expressions But so long experience having demonstrated what it is that wounds the consciences of Catholicks they confidently hope that this tendernesse will shew how infinitely more tender they will be to keep the Fidelity promised in the oath since they have kept it when they were treated as breakers of it only for I cannot say not daring to professe it for that have alwayes been ready to do but for not dareing to say things unnecessary to be said or that they understand not or are not permitted to Explicate their meaning 119. Never certainly was there a time when it was either more seasonable or more necessary to obstruct all passages of jealousies amongst English Subjects and to prevent all attempts of disturbing the Kingdomes peace As for other Sects the State will it is hoped and prayed for be assisted by a divine wisdom to provide against the particular tempers of each and as for Roman Catholicks no other expedient will be necessary but to afford them means to shew abroad that Fidelity which their Religion indispensably obliges them to This indeed will be a great affliction to other Sects among us who would rather forgive Catholicks for being real traytours then for manifesting themselves in the eyes and to the satisfaction of all to be good Subjects 120. Certainly that old policy of Queen Elizabeths Calvinistical Statesmen is now very unseasonable and was alwaies dangerous of first fomenting divisions among Catholick Subjects especially about principles of loyalty and disloyal●y and then exposing both the loyal and disloyal subjects indifferently to the same rigour of lawes Surely it is of greater concernment now for his Majesties security to unite all Catholicks with one heart to assist and defend him by casting out all principles of disloyalty inconsistent both with Catholick and Protestant Religion 121. Now what more efficacious mean or rather what other mean is there for this then that which his Majesty may if he please conferr upon them by allowing such an Ecclesiastical Government among them by which there will be produced a true Christian Unity and Uniformity both in opinions and practises and consequently by which without giving the least jealousy but on the contrary very great security to the State they may all be united to concurr in promoting his service 122. Now to what special parties both within and without the continuation of a defect so projudicial is to be imputed is but too well known It is not to be doubted but that the forementioned party will make use of all their skill and power to oppose all good correspondence among them upon more then one Motive For 1. A strong affection which they have to independence and to a promoting of their particular interests dividedly from all others by which means they have got great power abroad little for the publick good of this Kingdom this will make a common union very unwellcome to them 2. And again they will easily foresee that by this only means those wicked principles of disloyalty which made them heretofore eminent abroad must necessarily then be renounced They will no longer be looked upon as the only Apostles of a forraign temporal power either direct or which is as bad indirect the enormous writings and worse practices of their Forefathers which only procured the continuation of the Oath of Supremacy and the framing of that of Allegiance together with the sharp lawes not against them alone must be condemned to the same fate that they have suffered in other Kingdomes and lastly an advantage of corrupting good English Natures with Maximes of Morality odious to all Christenstom and condemned by supream Authority will be taken from them 123. These cannot chuse but prove unto such dispositions very great mortifications and as great as any of these would be the framing of Oaths which all good Catholicks could securely take For it is well known that they have been publickly told that it is for their advantage only that such Oaths are imposed here as cannot generally be taken and that worse newes cannot come to their brethren abroad then that such Oaths were taken away from Catholicks Because they have a strong apprehension that themselves having been the sole clauses of those rigours against the whole body of English Catholicks shall have but a small portion in any future indulgence without an explicite satisfactory renunciation of their principles and an assurance given to teach the contrary as they were obliged by an Arrest of the Parliament of Paris A. D. 1626. 124. And that this was no suspicion groundlesly taken or invented there was produced a well known verified story hapning toward the latter end of Queen Elizabeths raign For that Queen being at last satisfied of the loyalty of certain Catholick Priests had a purpose to shew some indulgence and qualification of the lawes to them Hereupon certain of their Brethren went to Rome to carry such good newes thither whither being come they were by that party branded with the names of Schismaticks Spies and Rebels to the See Apostolick and moreover there was by one of the party T.F. compiled a Treatise in Italian to advise his holyness That it was not good or profitable to the Catholick cause that any liberty or toleration should be granted by the S●ate of England to Catholicks And why not good for the Catholick cause Because not for their own interest For having been persons never formerly admitted by publick authority into this Kingdom and having given sad proofs of their temper they did not without reason suspect that if only good loyal Catholick Subjects were tolerated their so dangerous and to themselves only advantageous principles must be abandoned 125. It is not therefore to be expected but that a charitable concurrence of several Ecclesiastical pastours here would be to them very unwellcome But the commodities and Benedictions flowing there-from are unexpressible For 1. Though perhaps by a hindrance thereby given to that parties divided way of agitation here the number of Catholicks among us might come to be diminished yet then there would be none but good charitable and obedient Catholicks in England free from all intelligence or designs abroad 2. Matters of discipline and Spiritual Government would not be only and immediatly ordered by a Court too far distant from us and too much suspected by the State here 3. English Catholicks would be freed from a burden and the King from jealousies to which no other in the World are obnoxious For in France c. none dare under utmost penalties execute orders or publish Mandats without express allowance from the State though such briefs touched only
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 Fi●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 fl●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 Prot●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 no●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 prom●ses made by Catholick Ecclesiasticks of Canonical Obedien●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