Some reflections on the oaths & declaration appointed in an act past in the first year of the reign of King William and Queen Mary in reference to the Roman Catholicks of England / by Sir D.W. Baronet, of the church of Rome. D. W., Sir. 1695 Approx. 34 KB of XML-encoded text transcribed from 15 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A65348 Wing W12 ESTC R1216 12368308 ocm 12368308 60480 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A65348) Transcribed from: (Early English Books Online ; image set 60480) Images scanned from microfilm: (Early English books, 1641-1700 ; 903:10) Some reflections on the oaths & declaration appointed in an act past in the first year of the reign of King William and Queen Mary in reference to the Roman Catholicks of England / by Sir D.W. Baronet, of the church of Rome. D. W., Sir. 27 p. [s.n.], London : 1695. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church and state -- Great Britain. Catholics -- England -- Early works to 1800. Oaths -- England -- Political aspects. 2006-09 TCP Assigned for keying and markup 2006-09 Aptara Keyed and coded from ProQuest page images 2007-03 Mona Logarbo Sampled and proofread 2007-03 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion SOME REFLECTIONS ON THE Oaths & Declaration Appointed in an Act past in the first Year of the Reign of King William AND Queen Mary , In reference to the Roman Catholicks of England . By Sir D. W. Baronet , of the Church of Rome . LONDON , Printed in the Year MDCXCV . To my worthy good Friend . SIR ; IT was not yet my hap to be tendered the new Oaths , but supposing that at some time it may , since in the last Sessions of Parliament there were Agitations for barring all Persons from Voices in Elections of Members for Parliament , and from Practice in their Professions , besides the Penalties of this Statute , and Paiment of double Taxes , in case of refusing to Swear , and Declare , as by this Act is required ; These and some other Considerations ( needless to particularize ) put me on search into the Quality and Sense of these Oaths , with the Duty and Lawfulness of taking or refusing them . And first I observed , that in these Oaths there is no declaring or swearing to the King's Supremacy , in any Things or Causes , nor a Renunciation of the Rights or Titles of any other Person , nor a Promise of Faith and Allegiance to the present Prince's Heirs and lawful Successors , nor an Acknowledgment before God and the World of the King 's lawful Title to this Realm , nor a swearing to the plain and common Sense of the Words ; all which were Parts of the former Oaths of Supremacy and Allegiance , and might have raised Scruples , if inserted in these , that are now frivolous . I likewise observe , that the nonjurat Protestants and the Catholicks are not by the same Reasons induced to refuse to take these Oaths , the one having sworn the former , the latter generally refusing them . On the whole I have made the Reflections , which I herewith present to you , my truly dear Friend . I will not affirm to you , that I am so fully satisfied in this Enquiry , as that I am resolved to take these Oaths , when required so to do ; nor will I conceal from you , that my private Opinion is , that I may , as a sound Catholick , with a safe Conscience , without Hazard of Salvation , both take these new Oaths , and subscribe the Declaration now framed by Parliament . The Matters therein contained are entirely within the Consideration of the Laws of the Kingdom , without any relation to the Mysteries of Faith ; and therefore I believe you a competent and proper Iudg herein , and earnestly request you to give me your Thoughts hereof . I would not that it should be said of me , Incidit in Scillam qui vult vitare Charibdim . I resolve to be governed by your Sentiments of this Affair , and ever to acknowledg to the World , that I very much honour you , and am , SIR , 1st May , 1695. Your real and affectionate Servant . Because in reading these Reflections there may be occasion for comparing the several Oaths , I have here set them down at large . The Oaths and Declaration in the Act of 1 Will. Mar. 1. I A. B. do sincerely promise and swear , That I will be faithful , and bear true Allegiance to his Majesty King William . So help me God , &c. 2. I A. B. do swear , That I do from my Heart abhor , detest and abjure , as impious and heretical , that damnable Doctrine and Position , That Princes excommunicated or deprived by the Pope , or any Authority of the See of Rome , may be deposed or murdered by their Subjects , or any other whatsoever . 3. And I do declare , That no Foreign Prince , Person , Prelate , State or Potentate , hath , or ought to have , any Iurisdiction , Power , Superiority , Prehemmence , or Authority , Ecclesiastical or Spiritual , w●thin this Realm . So help me God , &c. The Oath of Supremacy , framed in the Act , 1 Eliz. c. 1. which Oath is now abrogated . I A. B. do utterly testify , and declare in my Conscience , That the King's Majesty is the only supreme Governour of this Realm , and of all other his Highness Dominions and Countries , as well in all Spiritual or Ecclesiastical Things or Causes , as Temporal ; And that no Foreign Prince , Person , Prelate , State or Potentate , hath , or ought to have , any Jurisdiction , Power , Superiority , Preheminence or Authority , Ecclesiastical or Spiritual , within this Realm . And therefore I do utterly renounce and forsake all foreign Iurisdictions , Powers , Superiorities and Authorities , and do promise , that from henceforth I shall bear Faith and true Allegiance to the King's Highness , his Heirs and lawfull Successors , and to my Power shall assist and defend all Iurisdictions , Privileges , Preheminencies , and Authorities , granted or belonging to the King's Highness , his Heirs and Successors , or united and annexed to the Imperial Crown of this Realm . So help me God , and the Contents of this Book . The Oath of Allegiance in the Stat. 3 Iac. 1. which Oath is now abrogated . I A. B. do truly and sincerely acknowledg , profess , testify and declare , in my Conscience , before God and the World , That our Sovereign Lord King James is lawful King of this Realm , and of all other his Majesty's Dominions and Conntries ; and that the Pope , neither of himself , nor by any Authority of the See of Rome , or by any other means with any other , hath any Power or Authority to depose the King , or to dispose of any of his Majesty's Kingdoms or Dominions , or to authorize any foreign 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 Arms , raise Tumults , or to offer any Violence or Hurt to his Majesty's Royal Person , State , or Government , or to any of his Majesty's Subjects within his Dominions . Also I do swear from my Heart , That notwithstanding any Declaration or Sentence of Excommunication or Deprivation , made or granted , or to be made or granted , by the Pope or his Successors , or by any Authority derived or pretended to be derived from him or his See , against the said King , his Heirs or Successors , or any Absolution of the said Subjects from their Obedience , I will bear Faith and true Allegiance to his Majesty , his Heirs and Successors , and him and them will defend to the uttermost of my Power , against all Conspiracies and Attempts whatsoever , which shall be made against his or their Persons , their Crown and Dignity , by reason or colour of any such Sentence or Declaration , or otherwise , and will do my best Endeavours to disclose and make known to his Majesty , his Heirs and Successors , 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 do from my Heart abhor , detest and abjure , as Impious and Heretical , this damnable Doctrine or Position , That Princes which be excommunicated or deprived by the Pope , may be deposed or murdered by their Subjects , or any other whatsoever . And I do believe , and in 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 acknowledg , 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 acknowledg and sweat , according to these express 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. REFLECTIONS ON THE Oaths & Declaration Lately appointed in the room of the Oaths of Supremacy and Allegiance . 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 , 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 , 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 , 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 , 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 . 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 , 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 , 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 , First-fruits , 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 . 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 , 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 : 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 , 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 , 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 , 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 , 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 , 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 , to fall under the Reputation of being entirely in the French Interest , and to undergo severe Penalties for refusing these Oaths . FINIS . Notes, typically marginal, from the original text Notes for div A65348-e500 Protection infers publick Obedience . In the Provincial Congregation at Ghent , 5 July , 1681. 3 Jac. 1. cap. 4. This Declaration is assertory of something past ; it is an Act of Faith , depending on the probable Evidence of what is past . King James in his Premonition , p. 46. Let the Pope be Primus Episcopus inter omnes Episcopos , and Princeps Episcoporum as Peter was Princeps Apostolorum . 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. 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 . 1 Eliz. cap. 1. 5 Eliz. cap. 8. 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. Admonition to simple Men deceived by malicious . 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. 24 H. 8. c. 21. 5 Eliz. cap. 1. ● 2 P. M. c. 8. 30 Carol. 2. Johnson .