SInce the Supreme Power of this Nation hath, for the Security of its Government, enacted, that all Perſons ſhould either take theſe Oaths, or ſuffer ſevere Penalties for their Refuſal: It ſeems to be an Act of Charity, no leſs than of Prudence, to conſider the Reaſons for taking or refuſing them: I apply my ſelf to Catholicks.

The firſt of theſe Oaths is barely promiſſory to bear Faith and true Allegiance to the preſent Prince, who, whatever his Title be, hath ſufficient Power to rule,Protection infers publick Obedience. govern and protect us: To him, whileſt we live under his Government, we are Subjects: As it is undeniable that he is King of this Realm either de jure or de facto, or both ways, (which, matters not now to be conſidered, for no ſort of Right is here ſworn to, as was in the former Oaths to our lawful Kings) ſo it is plain, that we are his Subjects de jure or de facto, or both ways. The Right of a Prince and Duty of a Subject are Correllatives, they live and expire together. Thus whileſt he is our King, we are his Subjects; whileſt we are his Subjects we owe him Duty and Fidelity, and ought not to ſcruple promiſing it, when thereto required; to which we are now more ſtrictly obliged, by the Authority of the Kingdom commanding it.

In all Countries, as well Catholick as others, Fidelity is required from thoſe in Subjection, unto thoſe who have the Dominion, whether it be gained by Conqueſt, or otherways. In our own, Pope Gregory declared, that (notwithſtanding the Cenſures of his Predeceſſor Pius Quintus) the Subjects of England ought to perform all Duty to Queen Elizabeth: and whatſoever might be the Catholicks inward Judgments concerning her Title, yet after the Parliament had acknowledged her a lawful Queen, all Civil Obedience was exactly paid to her. This Oath of Fidelity is generally taken in Ireland by the Catholicks, purſuant to the Articles for Surrender of Limerick, by Approbation of the Primate and Clergy of that Kingdom. The Fathers of the Society of Jeſus,In the Provincial Congregation at Ghent, 5 July, 1681. of the Engliſh Province, decree thus, Let us all profeſs, that as much Obedience and Fidelity ought to be ſincerely ſworn and exhibited to our King from every one of us, as is wont to be ſworn and exhibited to any Princes whatſoever from other Catholick Subjects. Here is no Diſtinction made between lawful or unlawful Titles of Princes, but the Relation between any Princes whatſoever and their Subjects allowed to be a Ground for Fidelity.

The ſecond Oath is a part of the Oath of Allegiance, made in the Reign of King James, 3 Jac. 1. cap. 4. which Oath was freely taken by the chief and others of the Catholick Clergy here in England, and by them the Nobility and Gentry were adviſed and exhorted to do the ſame, declaring it to be a Duty incumbent on them by the Law of God. Sixty of the Doctors of the Sorbon ſubſcribed to the ſaid Oath, theſe following Words, We underwritten, Divines and Doctors of the Sacred Faculty of Paris, do judg the Oath, as it is on the other ſide, (i. e. the Oath of Allegiance) may with Safety of Faith and Conſcience be taken by Engliſh Catholicks, &c. But Pope Paul the Fifth ſent a Breve into England, directed to the Engliſh Catholicks, wherein, reciting the ſaid Oath at large, he declares, that this Oath contains many things plainly repugnant to Faith and Salvation, and admoniſheth and requireth them not to take that Oath. This Breve his Holineſs ſeconded by another, and both were confirmed by ſucceeding Popes. The Fathers of the Society in their Provincial Congregation afore-mentioned, decree thus concerning that Oath, that the Oath (i. e. the Oath of Allegiance) as it is now ſprinkled with many Heterodox Clauſes, cannot be taken, as being condemned by many Breves of Popes. Theſe things conſidered, I'll ſuppoſe, that Oath might not be taken by Catholicks, becauſe it contained many things contrary to Faith, &c. and is ſprinkled with many Heterodox Clauſes; and laſtly, becauſe it is condemned by many Breves of Popes. But then it muſt be granted to me, that this Oath, now to be taken, is not that Oath which was required not to be ſworn, which was condemned: This Oath is but one Clauſe amongſt many which compoſe that Oath; the Pope doth not declare that all the things in that Oath are repugnant to Faith, &c. his Prohibition doth not fall on any particular Clauſe, the Fathers of the Society do not impeach every Clauſe in that Oath, nor diſtinguiſh thoſe Heterodox ones that are ſprinkled in it: Both Pope and Fathers allow, that ſome Things and Clauſes in that Oath are not liable to Cenſure: There are many Clauſes in that Oath, whereof thoſe which are condemned, though called many, may be feweſt in number. Now if this Oath be not plainly repugnant to Faith and Salvation, there is no Ground for refuſing it, becauſe it is a part of the former Oath: And that it is not plainly repugnant to Faith, &c. to abhor, deteſt and abjure that damnable Doctrine and Poſition, (mentioned in this Oath) the Word of God, the Council of Conſtance, the Subſcription of the Doctors of the Sorbon, the Decrees of the Parliament of Paris, and Subſcription of the Fathers of the Society to an Agreement with the Sorbon, are full and ſufficient convincing Evidences: To all or ſome of which every one may eaſily apply himſelf for Satisfaction.

The Declaration annexed to theſe Oaths is not to be ſworn to,This Declaration is aſſertory of ſomething paſt; it is an Act of Faith, depending on the probable Evidence of what is paſt. but only to be made, repeated, and ſubſcribed to, as a Matter which the Declarer believes to be true, according to a rational Judgment and moral Certainty thereof, which yet may be conſiſtent with an abſolute Poſſibility of the thing being otherwiſe: It is an Aſſertion of the Truth of a thing, as it is in his Conſcience or rational Judgment, not as it is in it ſelf; and this moral Certainty may ſecure the Declarer from a Lie, and juſtify him before God and Man.

The Reflections I make being with Reference to the Catholicks in England, I will conſider the Duty and Lawfulneſs of their making, or refuſing to make this Declaration diſtinctly from others.

1. And to ſhorten my Work I will here ſuppoſe, that by foreign Prince, Perſon, Prelate, &c. is meant the Pope and his Succeſſors.

2. That the Pope hath, and ought to have, ſome Juriſdiction, or Power, or Superiority, or Preheminence, or Authority, in this Realm.

3. That the Popes formerly had, and had a Right to, ſome Juriſdictions, &c. within this Realm, which now are not enjoyed by them.

4. That the Juriſdictions, &c. which Popes formerly had, and now have not, they ought not to have in this Realm.

To explain my ſelf in my ſecond Suppoſition, Catholicks unanimouſly grant, that Chriſt gave a Power purely ſpiritual to his Apoſtles, throughout the whole World, and in them to their Succeſſors, to preach, to feed his Sheep, to bind and looſe, &c. This Power being derived to the Pope, as Succeſſor to St. Peter, his Holineſs hath a Right to throughout the whole World, for thus large is the Commiſſion from Chriſt. King James in his Premonition, p. 46. Let the Pope be Primus Epiſcopus inter omnes Epiſcopos, and Princeps Epiſcoporum as Peter was Princeps Apoſtolorum. And this Power being given by God, cannot be taken away by Men, nor be denied by Chriſtians, either in this Realm, or any other part of the World, without Breach of Faith. The ſpiritual Power could not be exerciſed by Kings or Princes, it did never belong to them, or to their Crowns, nor indeed was ever claimed or pretended to in this Realm: therefore I will here only conclude, that it is not probable that this Declaration intends to deny the Pope's Power purely ſpiritual in this Kingdom. I ſhall endeavour to make this more plain hereafter.

My third Suppoſition grants, that Popes had a Right to, and enjoyed Juriſdictions, Powers, &c. Theſe were in Courts and Matters called Eccleſiaſtical or Spiritual, as Caſes of Marriage, Tythes, Wills, &c. Theſe Juriſdictions, &c. were merely external, political or civil, and came not to the Pope jure divino. Our Saviour declared, that his Kingdom is not of this World, and therefore gave no Juriſdiction, Power, &c. beſides that which is purely ſpiritual, to his Apoſtles, or their Succeſſors. The Crown of England is, and of long time hath been, an Imperial Crown, depending only on God, by whom Princes reign. From the Crown divers Privileges have been at divers times, either by the Piety or Inadvertencies of Princes, granted to Popes (in the Language of thoſe Days called the Church;) at other times Uſurpations have been made, when the Princes were weak or unfortunate: Theſe Privileges being long uſed, and their Origine either forgotten or concealed, have been commonly look'd on, and claimed, as the proper and inherent Right of thoſe to whom they were granted, or came. This Right being charily preſerved by them, and freely confeſs'd by others to be a good Title, accompanied with a long and quiet Poſſeſſion, and called Eccleſiaſtical or Spiritual, came to be thought at laſt to be a Right given them by God, whereas in Truth it proceeded from Men; and as all humane things are ſubject to change, may, by the ſame Power from whence it was derived, be taken away. And thus hath it fared with the Pope's Power in Temporals,24 H. 8. c. 12. 25 H. 8. c. 20. 25 H. 8. c. 19. 25 H. 8. c. 21. 28 H. 8. c. 16. 1 Eliz. cap. 1. 5 Eliz. cap. 1. 1, 2 P. M. c. 8. which he had and exerciſed in this Kingdom; ſometimes they have been diſputed, other times taken from him and reſtored to the Crown, then again reſtored to his Holineſs, and about 130 Years ſince were again taken from him and reſtored to the Crown,In France the Clergy publiſhed this Propoſition, That the Pope had no Power in civil or temporal Affairs, and that Kings are ſubject to no Eccleſiaſtical Powers. and ſo continue at this Day, which is a Matter ſo evident to every Engliſh-man, that no one of them can find Reaſon to believe, that the Pope, at this time, hath any Juriſdiction, Power, &c. (beſides that which is purely Spiritual) in this Realm.

The fourth Suppoſition intends, that ſince thoſe Eccleſiaſtical or Spiritual Juriſdictions, Powers, &c. which the Pope enjoyed and exerciſed in this Realm, and which were not purely Spiritual, nor derived to him from the Apoſtles, but came to him by the Grants of Princes, Conſent of People, or by ſome other mere humane means, as touching Appeals, Annats, Firſtfruits, electing of Biſhops, Diſpenſations in humane Laws, to the Prejudice of the Crown, and impoveriſhing of the Subjects, giving Licences in abundance of humane Caſes or Things, putting Biſhops into their Biſhopricks, and Prieſts into their Pariſhes: ſince I ſay theſe Powers, &c. came to the Popes by times, or by Concordates between Princes on the one ſide, and Popes on the other, which could not be Divine or Supernatural Powers, that is, Powers derived to him, or conferred on him jure divino, are aboliſhed as to his Holineſs, and reſtored to the Crown, by ſeveral Acts of Parliament, as antiently belonging thereto, it is as plain that the Pope ought not to have thoſe Juriſdictions, Powers, &c. of which he is thus legally diveſted, as it is apparent that at this time he neither hath nor exerciſeth them.

Now to enlarge ſomewhat on the Subſtance of the two laſt Suppoſitions, I will inſtance in ſome few Remarks, what Interruptions the Popes have met with in the Exerciſe of their Eccleſiaſtical or Spiritual Powers, &c. in Matters merely Temporal in this Realm. King Henry the Firſt gave the Biſhoprick of Wincheſter to William Gifford, and forthwith inveſted him into all the Poſſeſſions thereto belonging, though contrary to a Canon. The ſame King alſo gave the Archbiſhoprick of Canterbury to Radolph Biſhop of London, and gave him Inveſtiture by a Ring and a Croſiers Staff. In the ſame King's Reign Thurſtan, elect Archbiſhop of York, got leave of the King to go to a Council held under Pope Calixtus at Rhemes, giving his Faith to the King that he would not receive Conſecration of the Pope, but notwithſtanding he obtained to be conſecrate at the Pope's Hand, which, as ſoon as the King heard, he forbad him to come within his Dominions. King Edward the Firſt prohibited the Abbot of Waltham, and Dean of Paul's, to collect a tenth of every Man's Goods, for a Supply to the Holy Land, which the Pope by three Bulls had committed to their Charge. The ſame King impleaded the Dean of the Chappel of Wulverhampton, becauſe the ſaid Dean had, againſt the Privileges of the Kingdom, given a Prebend of the ſame Chappel to one at the Pope's Command. King Richard the Second, by Act of Parliament, prohibited that any ſhould procure a Benefice from Rome, under pain to be put out of the King's Protection. Thus ſeveral Catholick Princes, in Catholick times, diſputed the Pope's Juriſdictions, Powers, &c. in ſeveral Eccleſiaſtical or Spiritual Matters. King Henry the Eighth (no leſs a Catholick, and likewiſe in a Catholick time) by ſeveral Acts of Parliament, conſiſting of Lords Spiritual and Temporal, and Commons, all Catholicks, deprived the Pope of ſeveral Juriſdictions, Powers, &c. which were ſuppoſed to be uſurped from the Crown, and the Exerciſe whereof were much to its Detriment.1 Eliz. cap. 1. 5 Eliz. cap. 8. Again, Queen Elizabeth revives all thoſe Statutes made by her Father, reſtores all antient Juriſdictions to the Crown, and aboliſheth all foreign Powers repugnant to the antient Juriſdiction of the Crown: And thus they continue to this Day.

From what I have collected here it may appear, that no purely ſpiritual Power hath been by the Laws of this Kingdom taken from the Pope; that whatever Power hath been taken from the Pope, hath been reſtored to the Crown, as its antient Juriſdiction, and no other: but ſince the Words of the Declaration deny any Juriſdiction, &c. to be enjoyed by, or rightfully to belong to any foreign Prelate, &c. I ſhall conſider the Meaning of thoſe Words, wherein, if I can hit on the Senſe which this Declaration by the Intent of the Impoſers of it bears, let that determine the Lawfulneſs or Unlawfulneſs of making it, for no more is required of us.

This Declaration is verbatim a Clauſe in the Oath of Supremacy,1 Eliz. cap. 1 • Entituled, An Act to reſtore to the Crown the antient Juriſdiction over the Eſtate Eccleſiaſtical and Spiritual, and aboliſhing all foreign Powers repugnant to the ſame. 5 Eliz. cap. 1. formed in an Act paſt in the Reign of Queen Elizabeth; and in another Act made in the fifth Year of her Reign, it is enacted, that the Oath made in the firſt Year of her Reign, ſhall be taken and expounded in ſuch Form as is ſet forth in an Admonition annexed to the Queen's Majeſties Injunctions, publiſhed in the firſt Year of her Majeſty's Reign, that is to ſay, to confeſs and acknowledg in her Majeſty, her Heirs and Succeſſors, no other Authority than that was challenged and lately uſed by the noble King Henry the Eighth, and King Edward the Sixth, as in the Admonition may more plainly appear.

In that Admonition the Queen ſaith as followeth:Admonition to ſimple Men deceived by malicious. For certainly her Majeſty neither doth, nor ever will challenge any other Authority than that which was challenged, and lately uſed by the noble King of famous Memory,If any Perſon ſhall accept the ſame Oath with this Interpretation, Senſe or Meaning, her Majeſty is well pleaſed to accept every ſuch in that behalf as her good and obedient Subjects, &c. Henry the Eighth, and King Edward the Sixth, which is, and was of antient time due to the Imperial Crown of this Realm, that is, 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 foreign Power ſhall or ought to have any Superiority over them.

Now to ſhew that King Henry the Eighth neither claimed nor pretended to any Power purely Spiritual, let us ſee a Proviſo made in an Act paſt in his Reign,24 H. 8. c. 21. Provided always that this Act, nor any thing therein contained, ſhall be hereafter interpreted or expounded, that your Grace, your Nobles, and Subjects, intend, by the ſame, to decline or vary from the Congregation of Chriſt's Church, in any things concerning the very Articles of the Catholick Faith of Chriſtendom, or in any other things declared by Holy Scripture, and the Word of God, neceſſary for your and their Salvation. The Statute containing this Proviſo is revived and confirmed by the Statute of 1 Eliz. cap. 1. And it is undeniable, that all Chriſtendom, at that time, did own the Pope's Spiritual Power, which was derived from the Apoſtles.

Further, to ſhew, that the Queen who made this Oath, intended it only for to diſtinguiſh thoſe who denied the Pope's Power in Temporals, from others who would not, and that therefore ſhe doubted of their Loyalty. In the Act made aforeſaid is enacted,5 Eliz. cap. 1. That foraſmuch as the Queen's Majeſty is otherways ſufficiently aſſured of the Faith and Loyalty of the Temporal Lords of her Highneſs's Court of Parliament; therefore this Act, nor any thing therein contained, ſhall not extend to compel any temporal Perſon, of or above the Degree of a Baron of this Realm, to take or pronounce the Oath aboveſaid.

It was notoriouſly known, that the Lords and Commons in that Parliament, wherein the Oath of Supremacy was appointed, were moſtly Roman Catholicks, which includes their holding and profeſſing the Pope's Paſtoral Power. It was Treaſon and Premunire to hold or profeſs what by the Oath was denied to the Pope; but it was neither for a Lord or other Perſon to profeſs himſelf a Roman Catholick, there was no Diſloyalty in that. Thus then, I conclude, that the Pope's purely Eccleſiaſtical or Spiritual Power is not denied in that Oath, and that this is the Senſe, in which this Declaration is to be made, as being a part of that Oath. And this I am the more inclined to believe, becauſe in theſe Oaths there are no doubtful Expreſſions of ſwearing the Juriſdictions, Powers, &c. to belong to any other Perſon; thoſe which are here only declared, are, that no foreign Prince, &c. hath or ought to have. Nor is it to be paſt by without notice, that the Powers taken from his Holineſs by King Henry the Eighth, were never meant to be other than thoſe that were Temporal, for Queen Mary, • 2 P. M. c. 8. by Act of Parliament, reſtores to the Pope ſuch Authority, Preheminence and Juriſdiction, as his Holineſs uſed and exerciſed, or might lawfully have uſed and exerciſed, by Authority of his Supremacy, &c. without Diminution or Enlargement of the ſame, and no other. Which demonſtrates, that the Juriſdictions, Powers, &c. which King Henry the Eighth deprived the Pope of, were only ſuch as an Act of Parliament could reſtore him to, which cannot be meant of that purely Spiritual Power given by Chriſt.

To ſum up this Diſcourſe: The Pope had a purely Spiritual Power committed by Chriſt to him, as Succeſſor to St. Peter, to be exerciſed throughout the whole World, that is, To teach, to bind, and looſe, &c. This Power, we ſay, no Temporal Prince ever had, or claimed, or could deprive him of. The Pope likewiſe had in this Kingdom Eccleſiaſtical or Spiritual Power in Courts and Cauſes, or Matters, called Eccleſiaſtical or Spiritual, as in Divorces, Tythes, Oblations, Obventions, &c. This Power was external, political, civil, and meerly temporal, granted by or gained from the Princes of theſe Realms, which being found to be exerciſed to the great Detriment of the Crown, and adjudged to be ſo by the Eſtates of the Realm, hath been by ſeveral Statutes diveſted from the Pope, and reſtored to the Crown above 130 Years paſt, and ſo ſtill it continues. The Truth of this is aſſured to us by Acts of Parliament, and other credible Hiſtories, ſo manifeſtly, that there is no room for Scruple in affirming, that (rebus ſic ſtantibus) no foreign Prelate, &c. hath or ought to have any Juriſdiction, &c. in this Realm, which is not derived from Chriſt, and which the Laws of this Kingdom have deprived him of.

Here is Authority commanding us to take lawful Oaths, and to declare what we may reaſonably judg and be morally certain to be true, no competent Authority admoniſhing or requiring the contrary: Here are the Opinions of great and learned Divines for the Lawfulneſs and Duty of taking theſe Oaths: Here are the higheſt of Evidences for the Truth of that Matter which we are to declare our Belief of; the Catholicks in England (generally) never took the former Oaths of Supremacy and Allegiance, and therefore on account of ſome Branches in thoſe, they are not obliged to refuſe the firſt of theſe Oaths: Theſe Oaths neither are in themſelves, nor are intended to be diſtinctive Signs between Catholicks and Proteſtants, for the Acts lately made for amoving Papiſts and reputed Papiſts, &c. and for diſarming Papiſts and reputed Papiſts, appoint the Declaration, made in the Reign of the late King Charles, 30 Carol. 2. to be for the Trial and Diſcovery of them, and that Declaration is not ſcrupled at by Proteſtants, who yet (ſome of them) refuſe the firſt of theſe Oaths: And had the Declaration which is annexed to theſe Oaths been a Denial of the Pope's Paſtoral Power in this Realm, there needed no other Teſt for Diſcovery of Papiſts, ſince no Catholick would diſown that Spiritual Power to be in his Holineſs. Theſe things conſidered, I muſt own, that I know no Reaſon for the Roman Catholicks in England to provoke the Government,Johnſon. to fall under the Reputation of being entirely in the French Intereſt, and to undergo ſevere Penalties for refuſing theſe Oaths.