wished had never been done or might be blotted out of all mens memories or upon the Decrees of some Councels not received or acknowledged by Catholick Churches but principally upon a Decree of the Councel of Lateran under Pope Innocent the third in which an Ordinance is said to have been framed to oblige not supreme Princes but Temporales Potestates and Dominos which bear Offices in States to take at Oath to root out of their Dominions all Hereticks upon penalty if they do not performe what they swear of being denounced by the pope to be deprived of their Estates c. yet reserving the right of the supreme Lord. 88. All these Allegations have been already unanswerably confuted by several learned Writers of our Nation but because this last Decree of a Councel not so questioned for as much as can be proved to have been decided in it and because it is almost alone suggested to the tongues of some Catholicks among us as the principal pillar of that pretended Article of Faith for the maintaining of which they are exhorted to forfeit their Estates and Lives they are desired sadly to consider 89. First that this pretended decree of faith has been disclaimed by a World of unquestion'd Catholicks and Doctor Bishop the last Catholick Bishop but one in England has written a book purposely against it and no proof can be given that it was ever received or executed by any Catholick Kingdome out of Italy The reasons whereof are 1. Because these Decrees were never published by P. Innocent nor so much as a copy of them extant either in the Body of Councells or the Vatican Library or any where else till a certain German three hundred years after said that he found them in a Manuscript compiled he knowes not by whom being indeed a meer Collection made by some unknown person out of the Decretals of his Nephew Gregory the ninth 2. Because by the testimony of all Historians of those times P. Innocent the third suffred much in his reputation for having convoked such a multitude of Prelates to no purpose Above sixty Capitula were by the Popes order recited in the Assembly and many of them pend in a stile as if they had been concluded for that was the Popes expectation but nothing at all could be plainly decreed they seemed indeed to some PLACABILIA passable to others Onerosa but no conciliary Determinations were made except one or two which was about the recovery of the holy Land and the subjection of the Greek Church to the Roman by reason of a war then begun between them of Pisa and Genua which called the Pope from the Councel 90. Again though it were granted that this was a Conciliary Decree it is far from looking like an Article of Faith which saith Bellarmine and Canus may easily be discerned by the stile Here is nothing proposed to be believed no Anathema fulminated against those that are of a contrary sentiment no signification that the contrary is against the words or sence of Scriptures c. At the best therefore it is a mere Ecclesiastical Ordinance touching external discipline And being such what is more ordinary and by custom permitted then for Princes to refuse the admittance of them we see at this day that the State and Church of France do reject the Decrees of Reformation made in the Councel of Trent This is known at Rome and all Christendom over and yet who dare impute Heresy to them What confusion would follow if all the Ordinanâ—es of the Councel of Trent should be practised among catholicks here in England as about Clandestine Mariages c. 91. Thirdly suppose this were granted to be an Ordinanâ—e established and admitted all Christendom over yet supreme and Independent Princes not being expresly named in it but rather excluded by the expressions of it what can be more palpably injust then without and against their consent to captivate them to such an ordinance Moreover to demonstrate that they were purposely excepted the Emperour Frederike not above five or six years after published an edict to the very same intent and in the very same language and titles by which he intended to oblige only the Feudatary princes and officers of the Empire by oath to root out heresy And yet after all no example can be produced either in the Empire or other Christian States that such an oath was in succeeding times imposed This is the Article of Faith for the maintaining of which it is by one party expected that all English Catholicks should ruine both themselves and their Religion It is not so in Catholick countries abroad VVe know that Charles the fifth by a law of the Empire publickly permitted Lutherans in several provinces and all the Kings of France since Henry the third the Calvinists through their Kingdom and yet the pope never so much as threatned nor they feared a Deposition 93. And as for the Doctrinal point of faith most shamelesly pretended to be involved in that or the like decrees to wit the Popes power of deposing Princes what one Catholick State Kingdom Republick or City can the preachers of it name where it is received or permitted to the people to be taught even as a probable opinion 94. It is well known that in France in the year 1614. a book written by Suarez the Jesuite purposely against this Oath in which that Deposing power was asserted was by a Decree of the Parliament of Paris condemned therefore to be burnt by the publick Executioner as containing propositions scandalous seditious tending to the eversion of States and inducing Subjects to practise against the lives and sacred persons of Kings c. And moreover it was ordained according to a former Edict made A. D. 1610. that a decree then made by the Theological faculty for renewing a Doctrinal Censure of the same faculty A. D. 1408. against the like Doctrine and confirm'd by the Councel of Constance should every year upon a certain day be read in the Schools of the Jesuites and of the four Mendicant orders Besides all this the same Parliament enjoyned the four principal Jesuites in Paris Armandus Cotton Fronto and Sirmond to take order that their General at Rome should renew a prohibition to any of the society to teach and publish the like Doctrines and themselves were commanded in their Sermons to preach a contrary Doctrine all this under the penalty of being proceeded against as Traytors 95. The like fate had several other books written by eminent persons of the same Order as Mariana Bellarmine Santarellus c. which maintained the Popes temporal Jurisdiction and power to deprive Princes and to absolve Subjects from their Obedience And particularly upon occasion of Santarellus his book no less then eight Universities in that Kingdom Paris Valentia Tholouse Poictiers Bourdeaux Bourges Rheims and Caen did of their own accord not expecting any command from the Court in the year 1626. brand the Doctrine of the Popes deposing power
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 whiâ—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
REFLEXIONS UPON THE OATHES OF SUPREMACY AND ALLEGIANCE BY A Catholick Gentleman an Obedient Son of the Church and Loyal Subject of his Majesty Printed in the Year MDCLXI ERRATA PAge 15. line 7. fet read set l. 15. dele and p. 22. l. 25. excepting r. not excepting p. 25. l. 8. Christian r. Christians p. 26. l. 24. Auihority r. Authority p. 33. l. 6. r. in the marg ib. p. 13 p. 41. l. 18. ther r. their p. 42. l. 31. mogannant r. moyenant l. 32. entire r. entier p. 47. l. 2. Scots r. Sects p. 57. l. 19. invention r. intention p. 58. l. 32. the useselsesse r. uselessnesse p. 61. l. 18. Charter r. Character p. 62. l. 10. at r. an p. 65. l. 7. permitted to the people to be taught r. permitted to be taught to the people p. 73. l. 6. fiers Estate r. Tiers Estat l. 7. they are r. there are l. 21. to Article r. to be an Article REFLEXIONS UPON THE OATHES OF Supremacy and Allegiance SECT I. The Occasion of making these Reflexions And the summe of that which follows THe Divine Providence having been so watchful over His Most Sacred Majesty in his wonderful preservation from dangers and so miraculous in restoring him to his Throne just and necessary it is that both Himself and his Counsel should make use of all lawful means to preserve him in safety and his Subjects in Obedience and Peace And because a greater obligation cannot be imagined among Christians then a Solemn Oath it became them to make use of that Obligation indifferently to all the which in all probability would now at last have a greater effect by vertue of his Majesties Declaration of a Liberty to tender consciences and that no Man shall be disquieted or call'd in question for differences of Opinion in matter of Religion which do not disturbe the Peace of the Kingdom by which is taken away the chief cause which began and fomented the late Troubles and confusion 2. Notwithstanding seeing that the manner of the application of that Preservatory and remedy of an Oath hath lately occasioned great Disputes and unquietness of minds in several persons and seeing the Oath by none more readily taken and earnestly imposed on others then by those who began the War and promoted the Covenant and of whose party not one was ever found that drew a sword for his Majesty and on the other side by none more scrupled at or refused then by those who alwayes assisted the King and of whose party never any one drew a Sword against him and withall of whose Loyalty his Majesty hath oft professed that he hath sufficient assurance The consideration of all this begat in my mind an Opinion that surely there lay hidden in these Oaths some Mystery fit to be discovered and which is attempted in the following Reflexions 3. In which 1. After a brief Declaration of the Nature of a solemn Oath how high a point of Gods worship it is and what Reverence and caution is to be used in it 2. And after the setting down the Formes of the two Oaths at this time imposed 3. There follow Reflexions upon the said Oaths in gross shewing the occasion of the making of them c. 4. After which it is demonstrated that the Oath of Supremacy as it lyes and according to the sence of the first Lawgiver cannot lawfully or sincerely be taken by any Christian. 5. Then is declared in how different a sence the two Oaths are taken by Protestants 6. And by Presbyterians Independents c. 7. And upon what grounds Roman-Catholicks do generally refuse to take the Oath of Supremacy 8. And some of them make scruple to take that of Allegiance 9. Lastly there are short Reflexions on his Majesties Gracious Declaration for tender consciences shewing who have the justest pretentions to the benefit of it c. 4. All this is offered to the consideration of all good Christians among us to the end Advice may be taken whether it be for Gods honour or the Kingdoms peace that such Formes of Oaths so manifestly ambiguous so inefficacious to the producing of Loyalty and Peace in the generality of the Kings Subjects so piercing and wounding to tender Consciences c. should be continued to be imposed or new Formes more effectuall for his Majesties security contrived after the Example of Scotland c. SECT II. Touching Oaths in General 5. AN Oath by which God is invoked as a witness Surety and caution of whatsoever we affirm renounce and promise and a Revenger upon us if we transgress in any of these is certainly an high Act of Religion but such an one as that like Medicines it ought not to be used except in cases of just necessity and then with great advice and sincerity 6. The conditions therefore required by God himself in an Oath are expressed in this saying of the Prophet Thou shalt swear The Lord liveth in truth and in Judgment and in Justice So that if an Oath be ambiguous captious or false it wants the condition of Truth If it be either unnecessary or indiscreet and unprofitable it will be destitute of Judgment and if in the Object and Forme of it and in the mind of the Taker there be not a conformity to the Eternal Law of God it will want Justice Lastly if with all these it be not attended with fidelity in the execution of what is promised supposing it be a Promissory Oath and this according to the intention of the Law-giver it will be dishonourable Irreligious and odious to God and wanting any of these conditions it will respectively be destructive to those that so contrive or take it 7. All these conditions are doubtless with more then ordinary caution to be observed in Solemn publick and National Oaths the breach of which will involve whole Kingdomes in guilt and punishment and this even in the Opinion of Heathens inevitably 8. These things considered if we will call to mind how many Oaths Covenants Abjurations c. Ambiguous Entangling Trayterous Contradicting one another and consequently inducing a necessity of Perjury have been sometimes voluntarily taken or by a pretended Authority imposed on the Subjects it will surely deeply concern us all to take some fitting course to avert Gods most just indignation from our Nation by humbling our selves before his Divine Majesty and making a publick acknowâ—edgment of the guilt universally contracted by us and however for the future to take â—are that men may clearly see and understand what it is that they must be compelled to wear SECT III. The Forme of the two Oathes Of Supremacy and Allegiance and the proper litteral sence of them 9. THe Oathes at this time in force and publickly or generally imposed are two 1. that of Supremacy 2. that of Allegiance conceived in distinct Formes 10. The Oath of Supremacy is in the forme here expressed viz. I A. B. do utterly testifie and declare in my conscience that the Kings Majesty is
the only supream Governour of this Realme and of all other his Highnesse Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as Temporall And that no Forreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Pre-eminence or Authority Ecclesiastical or Spirituall within this Realme And therefore I do utterly renounce and forsake all forraign Iurisdictions Powers Superiorities and Authorities And doe promise that from henceforth I shall bear faith and true Allegiance to the Kings Highness his heirs and lawful Successours and to my power shall assist and defend all Iurisdictions Priviledges Pre-eminencies and Authorities granted or belonging to the Kings Highness his hâ—irs and Successours or united and annexed to the imperial Crown of this Realme So help me God and by the Contents of this book 11. The tenor of the Oath of Allegiance is this viz. I A. B. do truely and sincerely acknowledge professe testify and declare in my conscience before God and the World that our Soveraign Lord King CHARLES is lawful and rightful King of this Realme and of all other his Majesties Dominions and Countries and that the Pope neither of himself nor by any authority of the Church or Sèe of Rome or by any other means with any other hath any Power or Authority to depose the King or to dispose any of his Majesties Kingdomes or Dominions or to authorise any forreign Prince to invade or annoy him or his Countries or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty or to give licence or leave to any of them to bear Armes to raise tumults or to offer any violence or hurt to his Majesties Royal Person State or Government or to any of his Majesties Subjects within his Majesties Dominions Also I do swear from my heart that notwithstanding any Declaration or sâ—ntence of Excommunication or Deâ—rivation made or granted or to be made or granted by the Pope or his Successours or by any Authority derived or pretended to be derived from him or his Sèe against the said King his Heirs or Successours or any Absolution of the said Subjects from their Obedience I will hear faith and true Allegiance to his Majesty his Hâ—irs and Successours and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shal be made against his or their Persons their Crown or dignity by reason or Colour of any such sentence or declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesties Heirs and Successours all Treasons and Traiterous conspiracies which I shall know or hear of to be against him or any of them And I do further swear that I from my heart abhorr detest and abjure as impious and hereticall this damnable doctrine and position That Princes which be excommunicated or deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do believe and in my conscience am resolved that neither the Pope nor any person whatsoever hath Power to absolve me of this oath or any part thereof which I acknowledge by good and full authority to be lawfully ministred unto me And do renounce all Pardons and dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to these expresse words by me spoken and according to the plain and common sense and understanding of the same words without any equivocation or mental evasion or secret reservation whatsoever And I do make this recognition and acknowledgment heartily willingly and truly upon the true faith of a Christian So help me God 12. These are the formes of the two Oathes Both which if they be understood according to the proper and natural sence of the words import that there being only two kinds of Jurisdictions viz. Spirituall and Temporal both which are named here the King within his Dominions is equally the Fountain and Root of them both So that whosoever exercises any office or Magistracy either in the State or the Church does it and must acknowledge so much meerly by communication from the King or a participation of so much of his power as he is pleased to impart Upon which grounds it will follow not only that no forraign Prince Prelate c No Assembly or Councel of Bishops though never so Oecumonical hath right to any superiority or Jurisdiction within these Kingdomes but also that whatsoever any Bishop or Priest in the Kingdom c. acts in matters duties purely Spiritual as conferring Orders Ecclesiastical inflicting censures administring Sacraments c. they do all this with a direct subordination to the King as his Delegates or Substitutes insomuch as if he pleases he may himself exercise all those functions personally and may according to his pleasure suspend the execution of them in all others 13. All this plainly seems to be the true importance of the Oathes neither will any Stranger or dis-interessed person reading them frame to his mind any other meaning of them though certain it is that our four last Princes have not intended that all that took them should accowledge all this that is imported by them Neither is there at this day any Church or Assembly of Christians nor perhaps any person unlesse it be the Authour of Leviathan that taking these Oathes will or can without contradicting his belief mean all that the formes and clauses of them do directly properly and Grammatically signify as shall be Demonstrated SECT IV. Reflections upon these two Oathes in grosse 14. IT well deserves to be considered what was the occasion of framing this Oath of Supremacy by K. Henry the eighth and what power he received or at least executed by vertue of such Acts of Parliament as enjoyned the taking of it c. 15. The Title of Supream head and Governour of the Church of England was first given to King Henry the eight in a Petition addressed unto him by the Bishops obnoxious to a Praemunire for having submitted to Cardinal Wolsey's Legantine power without the Kings assent Now how far this new Ecclesiastical power of the King was intended to extend will appear by following Acts of Parliaments and by the Kings own proceedings in vertue thereof 13. It was enacted by Parliament 1. that no Canons or Constitutions could be made by the Bishops c. and by them promulgated or executed without the Kings command 2. Yea the Clergy were forced to give up also their power of executing any old Canons of the Church without the Kings consent had before 3. All former Constitutions Provincial and Synodal though hitherto inforce by the authority of the whole Church at least Westerne were committed to the abitriment of the King of sixteen Lay persons and sixteen of the Clergy appointed by the King to be approved or rejected by them according as they conceived them consistent with
Spiritual Government then it would be considered what the spiritual Government is and in what points it doth chiefly remain I find sayes he in the Gospels that when Christ gave to St. Peter the Supreme Government of the Church he said to him Tibi dabo claves Regni coelorum c. That is I will give thee the keyes of the Kingdom of Heaven and whatsoever thou shalt bind on Earth c. Now if you mean to give to the Queen that Authority which our Lord gave to St. Peter if you will say Nos tibi dabimus claves Regni coelorum c. We will give to your Majesty the keyes of the Kingdom of Heaven I pray you shew your Commission by which you are authorised to make such a Gift Again for the same purpose Our Lord said to St. Peter Pasce c. Pasce c. Pasce c. Feed my sheep Feed my sheep Feed my lambs As likewise Tu aliquando conversus confirma fratres When thou art converted confirm thy Brethren Now if you mean to say so much to the Queen let us see your Commission and withall consider whether her person being a Woman be in a capacity to receive and execute such an Authority since St. Paul forbids a Woman to teach in the Church Thus argued the said Lord Chancelour proceeding in the same manner upon other branches of spirituall Government and concludes That without a mature consideration of all these premises their honours shall never be able to shew their faces before their Enemies in this matter 23. But notwithstanding all this the Lords c. proceeded to frame an Act without any distinct explication whether it was a Temporal or Spirituall Authority which they gave the Queen Or rather they framed it with such clauses as that the most obvious sence of it imported that it was an Authority purely spiritual that they invested her withall and most certain it is that if she had executed such an Authority she might have justified her so doing by that Act. 24. However after that Parliament was ended but before the first year of her Raign was expired such considerations as the Lord Chancelour had formerly in vain represented had so great an influence upon the Queen that she was obliged by an Admonition prefixed to her Injunctions to declare that which the Parliament would not that it was not her intent by vertue of that Act to challenge Authority and power of Ministry of Divine Offices in the Church but only to have Soveraignty and rule over all manner of persons born within her Realmes of what State either Ecclesiastical or Temporall soever they be Which explication of hers was confirmed four years after by Parliament yet without changing the foregoing Act or any clauses in it 25. And consequently she left ordering of matters purely Spiritual to Bishops c. Expresly renouncing it For as for the power of Excommunication having again taken it from the Pope she did not fear it from any of her Bishops 26. In the times succeeding after her what qualifications were made and declared by three Kings touching spiritual Jurisdiction shall be shewed afterward They had not any such interests nor such fears as the three foregoing Princes had and therefore look'd with a more indifferent eye upon the matter Without repealing lawes or changing the Exteriour Forme of the oath of Supremacy they esteemed it sufficient to qualifie it by moderate interpretations as shall be shewed 27. As for the other Oath of Allegiance the compiler whereof was King James the most sad and horrible occasion of it is but too well known the intention of it is obvious and the sence plain So that it did not stand in need of such a Multiplicity of Acts of Parliament with many clauses to shew the extention of it Excepting one party scarce any except against it and were it not for some few incommodious expressions and phrases nothing pertaining to the substance and design of the Oath it would freely and generally be admitted and taken notwithstanding the foresaid parties condemning it who take that advantage to decry the substance of the Oath from which they have an aversion in as much as Fidelity is promised thereby SECT V. That the Oath of Supremacy as it lies and according to the sence of the first Law giver cannot lawfully and sincerely be taken by any Christian. 28. IT is a truth from the beginning acknowledged by the Fathers of the Church that all Kings are truly Supream Governours over the persons of all their Subjects and in all causes even Ecâ—lesiastical wherein their civil authority is mixed Constitutions of Synods however they may oblige in conscience and be imposed under spirituall censures yet are not lawes in any Kingdom that is they they are not commanded nor the transgression of them punishable in external Courts by outward punishments as Attachments Imprisonment c. further then supream Civil Governours do allow 29. This is a right due to all Kings though Heathens Hereticks c So that Kings by being converted to Christianity or Catholick Religion have not any new Jurisdiction added or their former enlarged thereby They do not thereby become Pastours of Souls but sheep of lawfull pastours And it is not a new Authority but a new duty that by their conversion accrews to them obliging them to promote true Religion by the exercise of their Civil Authority and Sword And subjects are bound to acknowledge and submit to this Authority of theirs that is not alwayes to do what Princes in Ecclesiasticall matters shall command but however not to resist in case their inward Beliefs be contrary to theirs but patiently to suffer whatsoever violence shall be offerâ—d them 30. Such a submission therefore to Kingly authority may when just occasion is be lawfully required by Kings from all their Subjects yea a profession thereof by oaths But such an one was not the Oath of Supremacy when it was first contrived and imposed For there an authority in many causes purely spirituall was by our Princes challenged as hath been shewed Therefore if we consider that Oath as now imposed on Subjects infinitely differing from their Princes beliefe and Judgment both in Point of doctrine and discipline it is not imaginable how it can be taken in such a sense as was first meant by any congregations no not even by that which is of the Kings own Religion 31. The Oath consists of two parts one Affirmative and the other Negative The Affirmative clause obliges all the Kings Subjects though never so much differing in their beliefs to swear an acknowledgment that the King is the only supreme Head and Governour of his Realme as well in all Spiritual or Ecclesiastical things or causes as Temporal And the Negative to deny that any forraign Prince Prelate c. hath or ought to have any Jurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realme and to renounce all such 32. These two Recognitions if the
words be interpreted in their proper Grammatical sence as all Oathes in reason ought to be unlesse they be otherwise interpreted by authority and according to the intention of the first lawgiver declared by his practice imply excepting even a personal conferring of Orders and administring sacraments that all Jurisdiction purely Spiritual is acknowledged to be the Kings right Now what Christian at this day alive will make these two Recognitions in the sence aforesaid Yea what English Protestant will be willing to make even the Negative Recognition For if there be no Forraign power at all Superiour to the King in things or causes purely spiritual then neither is the Pope a Patriarch of the West which yet King James will not deny neither can a lawful and free General Council oblige English Protestants which yet they so often protest to submit to And as for the Affirmative clause it is well known they do not admit it at least in K. H. the eighth his sense we may add nor in Q. Elizabeths as their 37 Article will testify contrary to the rigorous sence of the words of the oath 33. How much lesse then can any English Subjects divided both in belief and Ecclesiastical Discipline from the Head and Body of the Church of England submit to the same Oath For can the King be acknowledged in all causes spiritual to be a Head of Churches of which he renounces and is renounced the being so much as a member Shall he contrive or order the contriving of Articles of belief respectively sutable to each Congregation and bind his Subjects severally to subscribe thereto when himself believes them to be false Will he require some to be obedient to Bishops as instituted by Christ and others to renounce them as Antichristian Some to use no other Forme of Service but the Common-prayer-book others not that but the Directory and others neither of them but their owne crude imaginations and Non-sense Will he command some to submit to the Pope as supreame pastour others Calvin others Zuinglius or Socinus or a John of Leyden or a Knipper dolling 34. It is evident that by vertue of this oath unchanged in any words this Kingdom has at least thrice changed its Religion and the whole frame of the Church For in K. Henry the eighths dayes excepting onely in one point it was intirely Catholick In King Edward the VI. his daies it was almost Lutheran and in Q. Elizabeths very much Calvinistical And which is strange excepting Catholicks those that did not change their belief yet were content to take the same Oath Which could not be done without framing to themselves different sences and mental evasions so as though all took the same Oath yet each severally took a different Oath with a meaning in all of them contrary to the intention of the Oath-makers 35. Matters standing thus what a burden of guilt most we suppose to lye upon these Kingdomes by occasion of an Oath so solemnly imposed on the whole Nation which if we regard the force of the words no man can take sincerely And this guilt is the more aggravated in this respect that there cannot possibly be any real necessity for the imposing of it For since by an Oath of Allegiance and Obedience his Maiesty may be secured of his Subjects Loyalty what necessity or use can there be of such ambiguous acknowledgments of such a Supremacy which the King himself will not acknowledge and the affirming or denying of which contributes nothing to his safety He has experienced great disloyalty from a world of those that have most freely taken it and none at all from those Catholicks that have refused it It is manifest that it was first contrived meerly on purpose that King Henry the eighth might make a most filthy and execrable use of it But now at last his Majesty having been pleased to declare a liberty to tender consciences a world of men there are in these Kingdomes that are or ought to be weary of colluding with men and dis-honouring God in swearing according to a a Forme which they cannot but judge unlawful though it were for no other reason but because it is ambiguous And these are not Roman Catholicks for they refuse the Oath but many of distinct Sects from both Catholick and Protestant belief And surely that Christian conscience which is not tender in a matter in which the honour of God and the salvation or damnation of souls is so much concerned as in a solemn National Oath or that would voluntarily make advantage for temporal ends of gain to themselves or malice to others by such an oath to ensnare the consciences of another only pretends to be a Christian but in his heart saies There is no Christ and no God SECT VI. In what sence the Oath of Supremacy is taken by English Protestants 36 NOtwithstanding what hath been said although the oath of Supremacy as it is conceived and in the rigorous sence of the Words cannot lawfully be taken by any sect amongst Christians yet we see it freely taken by persons of quite different perswasions in matters of Religion Neither will charity permit us to judge that they do all or indeed any of them directly against their consciences either take it or impose it And some make no doubt at all but that an Oath though it contain expressions which absolutely considered are false yet are capable of a good interpretation and that a commodious interpretation is allowed by supreme authority such a forme of an Oath may not unlawfully be sworn to if other circumstances impede not 37. Now what the sences are in which respectively the Protestants and other divided Sects do take this oath cannot assuredly be determined otherwise then as they have expressed themselves in their writings But however certain it is that they all of them take it in a meaning so farr different from that which K. Henry the eighth intended that if they had lived in his dayes and given such limitations to the Kingly power in Ecclesiastical matters as we find openly and plainly discovered in their Writings they would have been esteemed as guilty of treason as Bishop Fisher and Sr. Thomas More were Whence appears that an Oath remaining for the Forme unchanged may be taken and allowed to be so taken in various senses 38. First for English Protestants I mean since from toward the latter end of Queen Elizabeth to these dayes that notwithstanding any Spiritual Authority either by Statutes confer'd or assumed by K. Henry the eighth and Edward the sixth they attribute to the King only a Civil power in matters Ecclesiastical and that they do this with the allowance of our Princes who questionlesse have authority to interpret Oathes such especially as concern their own safety and when their interpretations do no waies enlarge their own power nor diminish their subjects rights may appear by evident testimonies in all these three last Princes times published by the most learned Doctours then living
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
pastour of Gods Church so that whosoever can swear that he is no Papist may freely and without scruple take those Oaths as being nothing at all concerned in them Whatever he does he cannot be a traytor by vertue of the Oath because he was not a powder-traytor 57. If the secret of the affair do indeed lye on such an interpretation as this then it will follow that none of the Kings Subjects are or can by any oath as yet in force be obliged not to be traytors but only such Roman Catholicks as take the Oath of Allegiance A hard case for his Majesty 58. This Evasion may perhaps serve for the Negative clause of the Oath of Supremacy wherein profession is made That the Pope has no Jurisdiction in this Kingdom But how will they defend themselves from the most principal Affirmative clause That the King alone is supreme Governour in all causes Ecclesiastical Till they express themselves in this point no other expedient I Suppose can be found but by denying that there are two distinct clauses in the oath and consequently by saying that the whole Oath is but one simple assertion viz. That the King is so far to be esteemed the supreme Governour as that the Pope is not above him But yet a consistory of Presbyters though his Subjects yea any single Minister in causes toùching Religion and Church Government may be his superiour Now if this guess hit right upon the like grounds the Oath of Allegiance will be interpreted too as if they that take it should say thus We promise Fidelity to his Majesty so sincerely that notwithstanding any Excommunication or sentence of deprivation issuing from the Pope against him we will not seek to depose or murther him But if our teachers or we our selves do interpret the word of God against any of his actions or if we find in scripture that he loves not the pure reformed Religion and shewes his dislike by any publick action then he must look to himself For these Oaths do not extend to such cases no not so much as to hinder us from defending our purses with our swords against any illegall exactions We are sure we are not Papists that we readily swear and that is enough 59. Notwithstanding if they look well upon the Oath they will find the word Only too stubborn to comply with this sence where they profess the King to be the only supreme Governour Unless they will conceive the meaning to be That he is only a Supreme Governour in regard of the Pope with whom he will have nothing to do and who therefore is neither under him nor above him and in regard of no body of the world besides not the most pittifull Tub-Man This indeed would be an evasion the invention whereof is beyond the art of equivocation 60. It is not here pretended that by this evasion and no other Presbyterians have the art to sweeten Oaths which in the ordinary sence and understanding of all the rest of the Kingdom are point blank opposed at least to their Brethrens Doctrines and their own practises So that the Author of these Reflexions must leave a more perfect discovery of their mysterious wayes to the eyes of the State infinitely more clear-sighted and penetrating 61. As for the Independents all that to me is known of them since they lately shew'd their faces to the destruction both of Church and State is their new name What they think of the Oaths does not to me appear But the very name implying a renouncing of all order and subordination in Church-Government even among themselves and their known practice having been an Usurpation of supreme authority to themselves purchased with the most execrable murther of their undoubted and too too mercifull Soveraign if they can be so hypocritical as to take either of these Oaths they will deceive no body For it will be evident to all men that not changing their tenents and courses they must needs be perjured so that to some it may be a doubt whether it be a lawfull or however an expedient mean for the Kings safety to offer them the Oathes or to relye upon their taking them 62. All that for the present will be collected from the words or practises of these two Sects is That at least they do acknowledge so far a concurrence with the sence of Protestants touching these Oathes that they do assure themselves that by them there is no Jurisdiction purely Ecclesiastical attributed or due to his Majesty How far or whether at all they will permit his civil power to act in matters Ecclesiastical till they discover their minds if they be not too much discovered already who can tell 63. Besides these other Scots there are in abundance which the common voice tyes together as Samson did his Foxes tail to tail their faces all looking several wayes however they are called usually Fanaticks Of these some professe Obedience others profess against it but not any of them will swear either the one or the other Their sence therefore of these Oaths is neither to be expected nor if it were had is it to be valued SECT VIII Vpon what grounds Roman-Catholicks do generally refuse to take the Oath of Supremacy 64. IT may very well and indeed does to Protestants seem a mystery almost as hard to be penetrated into as was that in the last Section why Roman-Catholicks should so generally refuse to take the Oath of Supremacy considering that the whole Kingdom besides does unanimously agree at least in this point That the Supremacy ascribed therein to his Majesty does not at all prejudice the spirituall Jurisdiction of Pastours with which the King does not meddle neither indeed does it concern him for it is nothing to the King whether one of his Subjects be for his faults excommunicated or admitted to the communion Whether he be an Ecclesiastical person or a Lay-Man as likewise whether his Excommunication or Ordination proceed from one beyond Seas or at home and the like is to be said of his Orders Now since Catholick Faith teaches that secular power which belongs to Caesar should be given to Caesar and meer spiritual Authority over consciences and upon spirituall penalties only should be given to the supreme and subordinate Pastours Protestants wonder why Catholicks so perswaded should refuse to swear that which they profess Especially since by such a refusal they deprive themselves of a comfortable exercise of their Religion and withall expose themselves to many and grievous penalties They profess Loyalty to the King and dare not swear it And they hopefully perswade themselves that if they did swear it he would believe them which is a grace that he will not afford to all but by not swearing it when they are required by lawfull authority they put themselves in an incapacity to make their Loyalty usefull to his Majesty give perhaps scandal to many out of the Church as if indeed there were some unknown principle of disloyalty in their
Protestants know that the first invention of this Oath was to explore the consciences of Catholicks and to tempt them to Schisme by renouncing the Spiritual Authority of the head of Gods Church which under perill of damnation they cannot do They would not perhaps find so great difficulty without swearing only to say That the King alone is the supreme Governour in all matters Ecclesiastical within his Dominions c. when they are obliged to say this to persons that acknowledge with them such power to be only Civill But an Oath to Catholicks is a thing so dreadful that they dare not call God to witnesse that they sincerely swear an acknowledgement that the Pope has not nor ought to have any Superiority Ecclesiastical or Spiritual unlesse it might be permitted them at the same time in the same breath to signify that this is intended of Civil Kingly Authority in Ecclesiastical causes They tremble to swear in a phrase at the best ambiguous or rather not ambiguous but formally contradictory to Catholick Doctrine for all the words that they pronounce and of their acknowledgment whereof they make God a witnesse are such as they are perswaded to be manifestly erroneous Now God is called a witnesse to what men say in an oath not to what they think unless they think as they say 80. But moreover there is another consideration that is more than sufficient to make the taking of this oath inconsistent with Catholick Religion and that is the difference that King James Bishop Andrews c. put between the two oathes of Supremacy and Allegiance in regard of their End and intention For sayes King James The Oath of Allegiance was not framed against Roman Catholicks in general but only to make a separation between Catholicks of a peaceable disposition in all other things good Subjects and such Roman Catholicks as maintained the Rebellious Maxims of the Powder-traitours But as for the Oath of Supremacy the intention of the continuation of it was to the end to discover who were Roman Catholichs and who Protestants So that whosoever takes that Oath is presumed by King James c. to declare that he is no Catholick Bishop Andrews has the like expression but withall he discovers the usesessness of that oath For saies he what needs any oath at all to detect who are Roman Catholicks For they refuse to be present at the Protestants Church service they will not come to our Sermons they dare not receive the Eucharist with us c. So that without any oath you may easily know who are Roman Catholicks 81. Lastly the principal proof by which Protestants demonstrate that by the Oathes no other Authority or Supremacy is given to our Princes but civil only which is the 37 Article of the English Church though it be sufficient to clear the Affirmative part of the oath yet not so for the Negative concerning the Popes spiritual Jurisdiction Yea in the same place it is expresly excluded For the words following in the same Article do apparently give and require a very uncatholick sence of that Negative Clause for there is expressely affirmed The Bishop of Rome hath not any Jurisdiction in this Kingdom Now since both King James Bishop Andrews and the thirty seventh Article even in the very same places where they speak of Kingly and papal power do as the former rightly state the Kingly and leave the Papal Spiritual power indifinitely excluded their intention appears to have been to declare against and require an abrenunciation of a Catholick point of faith 82. Upon these grounds Catholicks dare not but refuse to take the Oath of Supremacy Perhaps by the new unlawful art of Casuistry some of them might think they could find evasions but generally such is the tendernesse of their consciences that they dare not think it lawful to make advantage of Casuistry in a Solemn Oath Very likely Protestants will call them nicely scrupulous foolish or improvident for this their tendernesse of conscience But sure they will not suspect them disloyal who attribute as much Authority to the King as themselves do and if it were permitted them to confirm this by a clear Oath in their own language they would not yield to them in the fullnesse of the expression If hereafter they are resolved not to grant them any ease from their pressures if a harmlesse scrupulosity in Catholicks shall bear those penalties which direct rebellion in others escapes If to satisfy the passion of not very good Subjects those that are truly loyal shall be treated as Rebells and their religion only punished indeed however that will not be acknowledged by those that punish it all that remains for Catholicks to say is Dominus judicabit fines terrae SECT IX Vpon what grounds some Catholicks make scruple to take the Oath of Allegiane 83. NExt followes the Oath of Allegiance framed by K. James upon the greatest provocation and an attentat the most execrable the most abhorred by the whole body of Catholicks both at home and abroad and the most scandalous to Christian Religion that ever was This oath affords also matter of wonder to Protestants Why Catholicks who acknowledge the Kings supreme civil authority should make any scruple to take it since it was never meant against such 84. But they may impute only to themselves the cause of such a refusal for by some incommodious phrases unnecessarily thrust into it they have frighted many from taking it and as if they had conspired with that one too well known party which alone gave occasion for the framing it they have given them advantage for those unnecessary phrases sake to fix upon all the Refusers a scandalous however unjust imputation as if they approved these abominable principles from which flowed that more abominable Attentat which deservedly wrung extreme severity from a Prince the most element that ever this Nation formerly had enjoyed 85. In the following Reflexions therefore upon this Oath justice requires that we should divide between the innocent and the guilty between those that not in this Kingdom only have made that Principle of Disloyalty their distinctive Charter and those that are ready to renounce that Principle if they might be allowed to renounce it by any other though more Emphatical expressions 86. As touching the former unhappy party it is observable that at the first publishing of the Oath there were in every line and almost particle of it pointed out by them a several Heresie All which Heresies are now at last vanished excepting only one which is that by which there is enjoyned a renouncing of that so bruited Article of Faith touching the Popes power of deposing Princes not for Heresie only but almost any other fault that shall be esteemed sufficient to deserve it 87. This pretended Article of Faith is by such new De-fide-men grounded either upon the Actions of certain Popes since Pope Gregory the seventh which both for their own sakes and ours it is to be
with the Titles of impious seditious infamous to Popes ruinous to States c. 96. Yea moreover within these six Moneths a certain Priest of the Hermitage of Caen called Fossart a known Emissary of that society having in his publick acts for a degree in that University advanced this proposition That the Pope has a Soveraign Authority in Temporals as well as Spirituals and that he has power to depose and constitute Kings though to evade a censure he Interpreted his Assertion saying that he understood that power of the Pope to extend only to Tyrants notwithstanding by a Decree of the whole faculty of that University both his proposition and exposition of it was censured to be impious pernicious seditious and in all regards to be detested and as such it was by them condemned And the same Fossart being after this imprisoned was sentenced by the presidial Court of Justice in Caen publickly and bare-headed to acknowledge that the said propositions were false contrary to the holy Decrees of Councels to the fundamental lawes of that Kingdom and to the liberties and rights of the Gallican Church 97. Such is the judgment of the Ecclesiasticks and State of France of this Article of Faith from which was issued rivers of blood during the Ligue there As zealous against the Temporall power of Popes has the State of Venice shewed it self And if other Catholick Kingdomes have not done the like it is because they have not had such dismal occasions and provocations to declare their minds In Spain indeed the Schools are connived at to preserve it from extinguishing because by its assistance a great part of Navarre has been annexed to that crown and some hopes of England too gave it credit there But yet when the Court of Rome would interpose in temporal matters there without the Kings liking he is as boldly resisted as in any other Catholick Kingdome besides 98. And as for the Church and State of England I mean even in former times when Catholick Religion most flourished here and when Church-Men had the greatest power what sign can be shewed that the foresaid Decree and the new article of Faith was admitted either in Parliaments or Synods Yea so far were they from acknowledging the Popes deposing power or Supremacy in Temporals that Statutes were then made and the penalty no less then a Praemunire against any that without the Kings licence should make any Appeals to Rome Or submit to a Legats Jurisdiction Or upon the Popes Summons go out of the Kingdom or receive any Mandats or Briefs from Rome Or sue in a forrain Realm for any thing for which the Kings Courts took Cognisance Or for impeaching a judgment given in the Kings Courts Or for purchasing Bulls from Rome for presentments to Churches anâ—iently sued for in the Kings Courts in the time of all his Progenitors And it is very observable that in the Act where the last Ordinances were made we find this expression To this all the Bishops present and all the procuratours of the absent unanimously assented protesting against the Popes translating some Bishops out of the Realm and from one Bishoprick to another And moreover the ground of their rejecting the Popes usurpations in temporal matters is there thus expressed For that the Crown of England is free and hath been free from earthly subjection at all times being immediately subject to God in all things touching the Regalities of the same and not subject to the Pope 99. All these lawes and many other of the like kind all the Kings Catholick Subjects knew and willingly submitted to without any prejudice to their beliefe that the Pope was the supreme pastour of Gods Church in spiritualibus And all these Lawes are still in force and the penalty of them no less then a premuniâ—e Our De-fide-men are not much concern'd in all this but sure persons of honour and loyalty and such as have Estates in the Kingdom are very deeply interested 100. And now let any English Catholick judge what reception such a decree or Article of Faith would have had in England in those most Catholick times if they had been proposed Those that were so jealous of the least deminution of the Kings temporal power in matters of the smallest consequence and that imposed the greatest penalty but death upon transgressours that is upon all Factours for the gaining to the Court of Rome any illegal temporal Authority with what indignation would they have heard only the mentioning of the reception of such a Decree And yet those Lawes were made not long after that Councel had been assembled whereby it is apparent that they were ignorant of it Those that would not suffer the least flower of this imperial Crown to be ravished from it would they admit a power and forraign Jurisdiction to take the Crown it self from the Kings head and afterward the head it self from his Shoulders 101. It is true the teaching of such an Artiâ—le of faith brings very great temporal commodities to those few that have the cruelty to their Country to become the preachers and Apostles of it great favour and power they gain thereby abroad and therefore they will take it kindly at the hands of English Catholicks if for a mere Secular advantage of theirs they will be content to Sacrifice their own Estates Honours Families and lives as traytors to the lawâ—s and withall bring an unavoydable scandal to Catholick Religion besides But truly this is too dear a rate to be paid for such a commodity 102. A man would think that such Apostles should be content yea and by their own Doctâ—ine of probability should be obliged to grant this Doctrine of the Popes deposing power to be somewhat less then an Article of Faith The opposition of the whole State Ecclesiasticks of France against their single forces surely may be available to make it pass at least for a probable Opinion But this they must not allow because if it be not an Article of Faith unless infidelity to Princes be de fide it signifies juâ—t nothing neither can it have any effect at all For certainly no Law nor justice wil permit that an Authority only probable and therefore questionable can dispossess Kings of their right to a Supremacy in temporals in which they are actually instated So that such an Authority can only have force to dispossess Princes already dispossessed 103. However they would esteem themselves much bound to any other learned Catholicks among us if they would condescend to grant that it is only probable that it is a point of faith and decree of a General Councel But in vain will they expect such a compliance For by granting only so much it will necessarily follow 1. That all the so rigorous censures given of it by the Parliaments and Vniversities of France have been most temerarious and damnable For what can be more horrible then to call a Doctrine impious seditious detestable c. which probably is a
They are not carnal not externally coactive by attachments imprisonments banishments executions c. but far more powerful as being Spiritual binding and imprisoning in invisible chains banishing from the Communion of Saints delivering up to Satan c. It is a zeal to this Jurisdiction a Jurisdiction greater then any that the Angels injoy that forbids Catholicks to enervate it by adjoyning thereto with an opinion of making it stronger a carnal authority as knowing that Popes were never so powerful over mâ—ns souls as when they despised worldly advantages By hearkning to flattering Caâ—â—nists or Schoolmen who invested them with Temporal power Popes never gained any so much as temporal commodity to themselves but infinitely prejudiced their spiritual being often looked upon by Princes not as Fathers but as c. So that the Parliament of Paris in their censure did very justly say That such doctrines rendred the dignity of the Pope odious 137. This is that which Catholicks have been taught by Gods word by tradition by Counsels c. this they are ready with or without Oathes to professe and which God willing neither oathes nor lawes nor humane power shall force them to dâ—ny If this renders them obnoxious to the penalties of lawes as ill subjects yet it cannot make them ill subjects if this renders them disloyal subjects there is not a loyal subject in France Germany c. if humane tribunals condemn them God will in his time acquit them 138. In a word to demonstrate how little they deserve the imputation of being not most perfectly good Subjects Roman Catholicks are ready to subscribe to such a profession and oath of Loyalty as whosoever takes it will give all the security of Fidelity that honour conscience religion and the hope of eternal happinesse or fear of eternal damnation can lay upon a soul that is By Oath to protest not only an indispensable obedience and non-resistance in all things to his Majesty and his successours of what religion soever they be but also a firm perswasion or belief that it is absolutely unlawful upon any pretence or motive whatsoever either of ascribing to any other an undue power or even of defending religion for subjects actively and with armes or violence to oppose his Majesty By the same Oath they will oblige themselves to discover all secret plots or conspiracies against his Majesty or the State This Oath they will promise to keep inviolably from the obligation of whiâ—h no commands or perswasions of any person whatsover spiritual or temporal no private interpretations of Gods word no supposals of divine inspirations shall or ought to free them And lastly both in this and all other promises they will sincerely professe a detestation of the abominable doctrine of mental reservation and of the lawfulness of breaking faith given to Hereticks 139. If this will not serve to approve the loyalty of Roman Catholicks if there be no possibility of conjuring down the furious Calvinistical spiâ—it among us but that it must be suffered both in Protestant Churches to preach down Prelacy and Ecclesiastical Government and in the State to embitter lawes for their own advantage only to the prejudice both of Protestants and all other good subjects what will become of the reputation of the English Nation in forreign Countries It is too well known how strangely we are fallen of late in esteem abroad the dismal effects produced in this Kingdom by that ill spirit have been though unjustly imputed to the whole Kingdom English men have been looked upon as enemies both to God and their Kings as persons ready to admit any frenzies in religion the horriblest cruelties against their princes 140. But blessed be God his divine Providence hath wrought miracles to restore our reputation again which was almost forfeited All the world almost is now satisfied that the generality of Englishmen are the best Subjects in the world to the best of princes and therefore it is to be hoped that the Presbyterian spirit will not now that it is so well known be permitted to have that influence as to imprint again upon us this peculiar character That England is the only Nation in which pure religion is most pretended to and the way to make that challenge good is by the malignity of one faction to make the most sacred bonds of Religion snares and engins of unlawful passions where a just and peaceable Government is designed and the way to it is by unlawful however legal means to make peace impossible where oathes are framed against disloyalty which are ruinous only to good subjects and advantageous to the disloyal where loyalty and duty are only excluded from rewards or even INDEMNITY where lawes are made against crimes and the penalties of those lawes are insupportable only to those that are free and are known ever to have been free from any suspition of such crimes and are commodities and rewards only to the Nocent where persons of approved fidelity are condemned as traytors and both Jurors Witnesses Judges for the most part are Presbyterians very incompetent and unindifferent parties in such matters and especially against such accused persons Lastly where the only proof of tenderness of conscience is to sear their consciences and of no intention to disturb the publick peace is to take oathes with an intention yea an obligation in conscience to break them and openly to profess both by words and known practises that peace shall never be setled till the whole frame of the Kingdom both for Religion and government shall be first broken in pieces and then new moulded for their own only advantage And after all this if Rebellion and desolation follow we will wonder forsooth what demerit God can find in us to punish and how it could be possiblé that a desolation should happen in a Kingdom where piety justice and his sacred Majesties safety have been so well provided for 141. If among all Religions and Sects now swarming in this Kingdom there shall yet be any English Protestants that are still implacable against Catholicks only it will be more suitable to English dispositions which heretofore have been above all other Nations esteemed frank and sincere to discover their intentions clearly let them therefore say We will only destroy that Religion which all our forefathers professed which through all Christendom abounds most with learning civility and loyalty which gave to Protestancy our Baptisme Bishops Churches Estates and whatsoever affords us an advantageous appearance above all other Sects the professours of which only will assist us in the maintaining our priviledges against sacriledge and professed prophaness which will indispensably concur with us in preserving his Majesties person and prerogatives from the attempts and usurpations of all others these are the only persons we will destroy And because a publick promise is made of liberty to tender consciences we will annul or interpret it so as that only those shall have no right to it that dare not swear an ambiguous