utmost rigour, from every catholic who did not attend the service of the established church*.

CHAP. XLVII.

THE OATH OF ALLEGIANCE FRAMED BY

JAMES THE FIRST.

THE temperate terms, which James used, in his address to the two houses of parliameut, upon the discovery of the gunpowder conspiracy, are.commended by Hume, and deserve the commendation which he bestows upon them. With the same conciliating spirit, his majesty caused to be inserted, in a statute of the same year, an oath of allegiance, to be tendered, under the provisions contained in that act, to all roman-catholic recusants. By a proclamation, issued at the same time, he also invited all his English subjects to take and subscribe it.

The circumstances attending this oath form one

Among the priests, who suffered death, was Mr. Drewrie, one of the thirteen who subscribed the excellent protestation of allegiance, inserted in a preceding page. Some days after his condemnation, he was commanded into court, and offered his life, if he would take James's oath of allegiance. To induce him to take it, a paper in his hand-writing was produced to him, in which he argued in support of its lawfulness. He observed, that this was a private opinion, which he would not affirm on oath he therefore refused it, and suffered accordingly. Other priests were offered their lives on the same condition; but all refused the offer. See Howell's State Trials, vol. ii. p. 358.

of the most interesting events in the history of the English catholics, subsequent to the reformation. We shall present the reader, in this chapter, I. With a brief account of the motives, which induced James to frame the oath, and to direct it to be tendered to his catholic subjects: II. With a copy of the oath: III. And with a translation of the two briefs, by which pope Paul the fifth condemned it.

XLVII. 1.

The Motives of James the first in framing the Oath.

NOTHING, in the opinion of the writer, could be more wise, or humane, than the motives of James, in framing the oath. We shall first state them, in his own words; 2d, Then examine an allegation, which assigns different motives, if not to the monarch himself, at least to his advisers.

1st. "What a monstrous, rare, and never heard of "treacherous attempt," (with these words he begins his apology for the oath)" was plotted, within "these few years, in England, for the destruction "of me, my bed-fellow, and our posterity-of the "whole house of parliament, and a great number "of good subjects of all sorts and degrees,—is so "famous already through the world, by the infamy

thereof, as is needless to be repeated, or pub"lished, any more. The only reasons the plotters gave, for so heinous an attempt, was the zeal they "carried to the Romish religion; yet, were never any of that profession worse used for that cause, "as by our gracious proclamation, immediately

"after the discovery of the said fact, doth appear. "Only, at the setting down again of the parlia"ment, there were laws made, setting down some "such orders, as were thought fit for preventing "the mischiefs in time to come. Amongst which, "a form of oath was formed to be taken by my

subjects, whereby they should make a clear pro"fession of their resolution, faithfully to persist in "their obedience unto me, according to their na"tural allegiance. To the end that I might make "a separation, not only between all my good sub

jects in general, and unfaithful traitors, that "intended to withdraw themselves from my obe"dience;-but especially to make a separation "between so many of my subjects, who, though they were otherwise popishly affected, yet retained, in their hearts, the print of their natural duty to their sovereign. And those, who, being "carried away with the like fanatical zeal, as the

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powder traitors were, could not contain them"selves within bounds of their natural allegiance, "but thought diversity of religion a safe pretext "for all kinds of treasons and rebellions against "their sovereign. Which godly and wise intent "God did bless accordingly; for very many of

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my subjects, that were popishly affected, as well "priests as laics, did freely take the same oath; "whereby they both gave me occasion to think "the better of their fidelity, and thereby freed "themselves of that heavy slander, that, although they were fellow-professors of one religion of "the powder traitors, yet were they not joined

"with them in treasonable courses against their "sovereign; whereby all quietly-minded papists "were put out of despair, and I gave a good proof, " that I intended no persecution against them, for "conscience or cause; but only desired to be "secured of them, for civil obedience, which, for "conscience cause, they were bound to perform."

In several other parts of his writings on the oath, the king expresses the same sentiments. He declares, that, ❝he never did, nor would, presume "to make an article of faith:"-that, "the oath

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was ordained only for making a true distinction "between papists of quiet disposition, and, in all other things, good subjects; and such other papists, as, in their hearts, maintained the like "bloody maxims that the powder traitors did;"that it was his care, that the oath should con"tain nothing, but matter of civil and temporal "obedience, due by subjects to their sovereign power." As a proof of his care, he mentions the following remarkable fact:-" The lower house of parliament," to use his own words," at the first framing of the oath, made it to contain, that the pope had no power to excommunicate me; which "I caused them to reform,-only making it to con"clude, that no excommunication of the pope could "warrant my subjects to practise against my person "and state; denying the deposition of kings to be "in the pope's lawful power; as, indeed, I take

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any such temporal violence to be far without the "limits of such a spiritual censure, as excommuni"cation is. So careful was I, that nothing should

"be contained in this oath, except the profession "of natural allegiance, and civil and temporal "obedience, with a promise to resist to all contrary civil violence." A more exact description of the different natures of spiritual and temporal power cannot be produced.

2. On perusing these, and many other passages of the same spirit, which are to be found in the writings of the royal author, it seems impossible to contend, that the monarch's views were not both kind and salutary. Other views are, however, attributed to his advisers. It is said, that "the "the wording of the oath was drawn up in such "ambiguous terms, that a tender conscience,- (the "best disposed towards paying civil allegiance),— "could not digest it;"-that the "wording of it was chiefly committed to archbishop Bancroft *, "who, with the assistance of Christopher Perkins, "a renegado jesuit, so calculated the whole to the

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designs of the ministry, that they met with their "desired effect; which was, first, to divide the "catholics about the lawfulness of the oath; se"condly, to expose them to daily persecutions, in "case of refusal; and in consequence of this, to "misrepresent them, as disaffected persons, and of "unsound principles, in regard of government." Such is the statement given of this circumstance, by Dodd t.

On this subject, Dodd's authority is certainly entitled to great respect; and his statement receives

* See More, P: 28.

+ Church History, vol. ii. part 5, art 4.