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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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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 Ec●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 offer●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
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 m●ns souls as when they despised worldly advantages By hearkning to flattering Ca●●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 d●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 whi●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 spi●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
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
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
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
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
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