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A16183 A large examination taken at Lambeth, according to his Maiesties direction, point by point, of M. G. Blakwell, made Arch-priest of England, by Pope Clement 8 Vpon occasion of a certaine answere of his, without the priuitie of the state, to a letter lately sent vnto him from Cardinall Bellarmine, blaming him for taking the oath of Allegeance. Together with the Cardinals letter, and M. Blakwels said answere vnto it. Also M. Blakwels letter to the Romish Catholickes in England, aswell ecclesiasticall, as lay. Blackwell, George, 1546 or 7-1613.; Bellarmino, Roberto Francesco Romolo, Saint, 1542-1621. 1609 (1609) STC 3104; ESTC S121306 104,118 220

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maner the same was giuen vnto him directly saith the one side indirectly saith the other 69 That hee verily supposeth that Cardinall Bellarmine being so worthy and eminent a man for iudgement and learning hath not been so peremptorie in the handling of the two said points whether the Pope hath the said surmised authoritie directly or indirectly but that hee hath left vnto himselfe some sufficient warrant and libertie to varie if there be occasion in the said third point viz. whether Christ gaue to S. Peter any such authoritie at all or no. For whereas hee the said Cardinall doeth plainely affirme that Papa vt Papa ordinariè Temporales Principes deponere Bellar. lib. 5. de Rom. Pont. cap. 6. etiam iustâ de causâ non potest tamen potest regna mutare vni auferre alteri conferre tanquam summus Princeps spiritualis si idnecessarium sit ad animarum salutem That is The Pope cannot as he is Pope though there be iust cause by his ordinarie power depose ciuill Princes yet as he is the supreme spiritual Prince he may translate Kingdomes and take them from one and conferre them vpon another if need so require for the sauing of soules he saith in effect nothing else though couertly but that the Pope hath no power at all to depose Kings For S. Peter neither did nor could transferre any authoritie vnto his Successor but ordinarie for which cause it is commonly held that the rest of the Apostles could not deriue the plenitude of their power to their successors as S. Peter did because the same in them was not ordinary as in S Peter but extraordinary Extraordinaria enim potestas non transit in successorem For an extraordinarie power doeth not descend vnto the successours And at this point this Examinate saith he did aime as farre as he durst presume in his letter to the Cardinall where hauing cited his words abouesaid Non potest Papa vt Papa c. hee writ after this sort Verba iuramenti sunt Papam non habere authoritatem deponendi Regem disponendi de regnis dominijs Maiestatis suae Et communis intellectus apud Magistratum ad nullum alium conceptum propendet quàm ad hunc viz. Papam vt Papa est Nam non potest pertingere ad illum conceptum viz. tanquam summum Principem spiritualem Et cùm proponitur iuramentum suscipiendum illius sensus cognitus à Magistratu restringitur ad ordinariam potestatem Nam qui proponunt iuramentum illi remotissimi sunt à cogitatione extra ordinariae aut indirectae potestatis in Papâ residentis That is The words of the oath are that the Pope hath not authoritie to depose the King and to dispose of his kingdomes and Dominions And the common vnderstanding thereof doth with the Magistrate incline to no other conceite but to this viz. the Pope as he is Pope For it cannot reach vnto that construction viz as he is the supreme spiritual Prince And when the oath is exhibited to be taken the sense thereof apprehended by the Magistrate is restrained vnto an ordinarie power For they that minister the oath are as farre as may bee from the thought of any extraordinarie or indirect power residing in the Pope Besides it is apparant that the Pope is not otherwise the highest spiritual Prince but as hee is Pope so as what he cannot doe as Pope he cannot do as the chiefe spiritual Prince And out of question Carerius hath gotten an aduantage Carer depot. Rom. Pont. lib. 2. cap. 8. of the Cardinall by reason of his said former assertion where he the said Carerius laboureth to prooue that Christi vicarius propriè dicitur Papa Christs vicar is properly called the Pope and doth presse it hardly to this effect that either the Pope is not Christs vicar or else that hee doeth iudge inferiores Potestates vt Papa as he is Pope 70 That the contents of the 39. 66. 68. and 69. Sections of this his Examination being well weighed and considered together with diuers other points by him set downe in the said Examination his answere this Examinat saith againe to the Cardinals letter touching the clause most excepted against doeth reach as farre as by the oath of Allegeance was intended For whereas saith this Examinate if the Pope should haue any authoritie to depose and eradicate Kings he hath it not by vertue of his power to Excommunicate but must haue it of necessitie either as he is supposed to be Dominus in temporalibus directè the Lord of temporalties directly or Dominus in temporalibus indirectè the Lord of temporalties indirectly and that Cardinall Bellarmine is peremptorie that the Pope cannot depose kings by any ordinarie iurisdiction that he hath as he is Pope and Carerius with all his vpholders on the other side are as confident resolute that if the Pope hath not ordinarie authoritie as he is Pope to depose kings he hath no such authoritie at all for as much as what hee this Examinate hath before affirmed how in his opinion as hee saith the Pope hath no authoritie to depose Kings either as he is Dominus in temporalibus directly or indirectly the same is nothing else then what he deposed vnto when he sware that in his conscience the Pope neither of himselfe nor by any authority of the Church or See of Rome or by any other meanes with any other hath any power or authoritie to depose the King c. And because also that whether he should haue had authoritie to depose Kings or not he must haue had it by some imperiall or ciuill authoritie either as hee is Dominus in Temporalibus directly or indirectly considering that to be Dominus in temporalibus in any of the said two respects is to haue an imperiall and ciuill authoritie hee this Examinate saith that these points well weighed it is plaine that when hee writ to the Cardinall Summum Pontificem non habere imperialem ciuilem potestatem deponendi Regem nostrum that the Pope hath not an imperiall or ciuill power to depose our King he told the Cardinall in effect as much as if he had said vnto him that the Pope hath no authoritie at all to depose his Maiestie 71 That for the further clearing of his this Examinates relying vpon his Maiesties speeches in Parliament when he tooke the oath of Alleageance and his mentioning of it likewise to the Cardinall he this Examinate saith that except it be thought a fault to answere truely to a matter propounded when he speaketh not all the truth that doeth thereunto appertaine which were a strange conceit the order neither of Schooles nor of any iudiciall Courts in the world binding any man to proceed further in his answere to any question or interrogatorie then the same doeth leade him hee this Examinate seeth not hee sayth what can be subiect to any iust reprehension in his answere to the Cardinals letter the substance thereof being
gloriosè erigas quam contristaueras laetamfacias Ecclesiam nec iam solùm veniam merearis à Domino sed coronam Vale viriliter age confortetur cor tuum Romae die 28. Septembris 1607. Reuerendae admodum D. V. frater seruus in Christo Robertus Cardinalis Bellarminus The same in English ¶ To the very Reuerend M. George Blakwell Arch-priest of the English Robert of the holy Church of Rome Cardinall Bellarmine sendeth greeting REuerend Sir and Brother in Christ It is almost fortie yeeres since we did see one the other But yet I haue neuer beene vnmindfull of our ancient acquaintance neither haue I ceased seeing I could doe you no other good to commend you labouring most painefully in the Lords vineyard in my prayers to God and I doubt not but that I haue liued all this while in your memorie and haue had some place in your prayers at the Lords Altar So therefore euen vnto this time we haue abidden as S. Iohn speaketh in the mutuall loue one of the other not in worde or letter but in deede and trueth But a late message which was brought vnto vs within a few dayes of your bonds and imprisonment hath inforced mee to breake off this silence which message although it seemed heauie in regard of the losse of your pastorall function which you haue exercised in that Church yet withall it seemed ioyous because you drew neere vnto the glory of Martyrdome then the which thing there is no gift of God more happy that you who haue fed your Flocke so many yeeres with the word and doctrine should now feede it more gloriously by the example of your patience But another heauy tidings did not a litle disquiet and almost take away this ioy which immediatly followed of the aduersaries assault and peraduenture of the slip and fall of your Constancie in refusing an vnlawfull Oath Neither truely most deare brother could that oath therefore be lawfull because it was offered in sort tempered and modified for you know that those kind of modifications are nothing els but sleights and subtilties of Satan that the Catholique faith touching the Primacie of the See Apostolike might either secretly or openly bee shot at for the which faith so many worthy Martyrs euen in that very England it selfe haue resisted vnto blood For most certaine it is that in whatsoeuer words the Oath is conceiued by the aduersaries of the faith in that Kingdome it tends to this end that the Authoritie of the head of the Church in England may bee transferred from the successour of S. Peter to the Successour of K. Henry the eight For that which is pretended of the danger of the Kings life if the supreme Bishop should haue the same power in England which he hath in all other Christian Kingdomes it is altogether idle as all that haue any vnderstanding may easily perceiue For it was neuer heard of from the Churches infancie vntill this day that euer any Pope did commaund that any Prince though an Heretike though an Ethnike though a Persecuter should be murdered or did approue of the fact when it was done by any other And why I pray you doth onely the King of England feare that which none of all the other Princes in Christendome either doeth feare or euer did feare But as I said these vaine pretexts are but the Trappes and Stratagemes of Sathan of which kinde I could produce not a few out of ancient Stories if I went about to write a booke and not an Epistle One onely for example sake I will call to your memory S. Gregorie Nazianzene in his first Oration against Iulian the Emperour reporteth that hee the more easily to beguile the simple Christians did insert the Images of the false gods into the pictures of the Emperour which the Romanes did vse to bow downe vnto with a ciuill kind of reuerence so that no man could doe reuerence to the Emperours picture but withall he must adore the Images of the false gods Whereupon it came to passe that many were deceiued and if there were any that found out the Emperours craft and refused to worship his picture those were most grieuously punished as men that had contemned the Emperour in his Image Some such like thing me thinkes I see in the Oath that is offered to you which is so craftily composed that no man can detest Treason against the King and make profession of his Ciuil subiection but he must be constrained perfidiously to denie the Primacy of the Apostolicke See But the seruants of Christ and especially the chiefe Priests of the Lord ought to be so farre from taking an vnlawfull Oath where they may indamage their Faith that they ought to beware that they giue not the least suspicion of dissimulation that they haue taken it Which thing that worthy Eleazar did most notably performe who would neither eate Swines flesh nor so much as faine to haue eaten it although hee saw the great torments that did hang ouer his head lest as himselfe speaketh in the second booke of the Maccabees many yong men might be brought through that Simulation to preuaricate with the Law Neither did Basill the great by his example which is more fit for our purpose carrie himselfe lesse worthily towards Valens the Emperour For as Theodoret writeth in his History when the Deputie of that hereticall Emperour did perswade Saint Basill that he should not resist the Emperour for a little Subtiltie of a few points of Doctrine that most holy and prudent man made answere That it was not to be endured that the least syllable of Gods word should be corrupted but rather all kinde of torment was to be embraced for the maintenance of the Trueth thereof Now I suppose that there want not amongst you who say that they are but Subtilties of Opinions that are conteined in the Oath that is offered to the Catholicks and that you are not to striue against the Kings Authoritie for such a litle matter But there are not wanting also amongst you holy men like vnto Basill the Great which will openly auow that the very least syllable of Gods Diuine Trueth is not to bee corrupted though many Torments were to be endured and death it selfe set before you Amongst whom it is meet that you should be one or rather the Standerd-bearer and Generall to the rest And whatsoeuer hath bene the cause that your Constancie hath quailed whether it be the suddennes of your apprehension or the bitternesse of your persecution or the imbecillitie of your old age yet we trust in the goodnesse of God and in your owne long continued vertue that it will come to passe that as you seeme in some part to haue imitated the fall of Peter and Marcellinus so you shall happily imitate their valour in recouering your strength and maintaining the trueth For if you wil diligently weigh the whole matter with your selfe truely you shall see it is no small matter that is called in
and other commendable authors haue Card. Alanus in respon ad Iustitiam Anglicanam Sixtus Senens in bihliotheca Sancta S. R. cont Tho. Bell. R. P. cont Morton pag. 69. to the memorie of posteritie recorded in their writings Neither is there cause why any man should haue so much as the least suspicion that the sense aforesaid was admitted by the Magistrate to the intent to deface or impaire or despoile the dignitie Apostolicke Surely such apprehensions bred out of iealousie are for the most part deceitful Masters and beget feare where there is no feare But to pursue my intended course that also which is deliuered by the most Illustrious Cardinall Caietane in his answere to the Parisiens Caietan tom 1. tract 1. Apologiae parte 2. cap. 13. doeth concurre vnto my defence that either of these points may truely be determined concerning the Pope both that he hath a supreme power in matters temporall and that he hath not a supreme power in matters temporall because they are both of them true in a right understanding The affirmatiue is true in order to things spirituall the negatiue is true directly or as things temporall are considered in themselues So as there can no errour growe by either of the two decisions Thus saith he And this opinion likewise the best Catholicke writers haue inserted into their bookes viz. that the Pope forasmuch as hee is but of a finite and Alphons Mendoza in relectione de Regno Dominio Christi num 15. Petrus de Arragon quaest 67. art 1. bounded capacitie and is many times ignorant of the order and proportion of temporall things how they may make vnto a spirituall end is not therefore in an absolute manner to haue dominion ouer temporals but only after a limited and prescribed rule as he is able according to the measure of humane intelligence to discerne how temporals may be auaileable to things spirituall The same opinion doe I finde deliuered by another sound Catholicke author in these words That the Popes power in Temporals is limited and that he Ioan. Pedrezzanus in respons ad Veneros may not dispose of them but to a certaine proportion that is so farre as is necessarie for a spirituall end Seeing therefore the Popes power in temporals is in this sort tied and restrained why should we incurre so heauie a reproofe for affirming that the Pope hath not power to depose our King in as much as the perturbation of the Church and the ouerthrow of the Catholickes with vs in their goods and possessions and the indamaging of many soules were thereby like to ensue Let your Amplitude heare not mee but the defender of your owne assertion against the Venetians whose words are these The power of the highest Ioan. Pedrezzanus in Respons ad Venetos Bishop is limited that it may not dispose of temporals beyond the necessity of a supernaturall end To these also may be adioyned your most excellent Amplitudes own opinion In regard of the persons the Pope cannot as he is Pope Ioan. 5. de Rom. Pontif. cap. 6. by his ordinarie power though there be iust cause depose temporall princes in that manner as hee deposeth Bishops that is as their ordinarie Iudge but he may as the supreme spirituall prince alter kingdomes take them from one and giue them to another if neede so require for the sauing of soules Which wordes doe plainely strengthen our admittance of the Oath For the words of the oath are that the Pope hath not authoritie to depose the King or to dispose any of his Maiesties kingdomes or dominions And the common vnderstanding doeth with the Magistrate encline to no other conceit then to this The Pope as he is Pope for it cannot reach vnto that construction as he is the chiefe spirituall prince And when the oath is propounded to be taken the sense thereof apprehended by the Magistrate is restrained to an ordinary power For they who exhibite the oath are as farre as may be from any thought of an extraordinary or indirect power residing in the Pope Besides if your Amplitudes most mild disposition could but in the least part conceiue the ruines of Catholicke families which the refusall of this othe would bring vpon vs assuredly you would not dissent from vs who by most wofull examples doe finde that from thence were like to proceede not onely the losse and hazard of soules but the lamentable extirpation of the whole Catholicke state amongst vs. Sith therefore wee doe sensibly finde that the authoritie of the supreme Bishop touching the deposition of our King cannot tende to the promoting of Spirituall matters but to the ouerthrow of them why should wee be thus shaken vp as hauing reuolted from the Faith and denied the Primacie Apostolicke who mainteine nothing but what is generally concluded on amongst Diuines Suarez saith In summe all these temporals Suarez disput 16. de Excommun maior sect 1. Salmeron tom 4. 416. doe fall but indirectly vnder the power spirituall that is in order vnto a spirituall end And Salmeron Peters power is giuen onely to edification which in other words is vsually said The key not erring And speaking of the Popes power he saith If it tend to destruction it is not abilitie Idem ibidem pag. 420. or power but impotencie and defect wee can doe that which we can iustly doe Martinue Nauar. Relect. cap. Nouit de Iudic. notab 3. pag. 106. Aspilcueta treating of Ecclesiasticall power hath these words It shall therefore extend it selfe so farre vnto things temporall as the order of things supernaturall doth require and no further With these let Couarruuias bee ranged Couar tom 2. pag. 506. num 7. The resolution of this question is plaine that wee conclude the definition of the Catholicke Church euer reserued that the Bishop of Rome hath not either actually or habitually a temporall iurisdiction ouer the whole world no not ouer Christians themselues further then may be necessary for the more commodious and easie vse of the spirituall iurisdiction and power I might longer flote in this currant of learned men which doth plenteously flow out to my defence concerning the Oath For who so shall with an indifferent eye beholde the dangers we are in would easily find that the power of the supreme Bishop in the deposition of our King cannot as the case standeth tall within the compasse of any order to releiue things spirituall but breaketh forth to the suppressing of all which hath beene hitherto well setled in the same Whence it may appeare into how miserable a condition those ouer-heauie sharpe animaduersions doe cast me that through the subtilties of Sathan I did consent that the Primacie of the See Apostolicke should bee either openly or couertly shot at that the oath doth in this Realme tend to that end that the authoritie of the head of the Church might be transferred in England from the Successour of S. Peter vnto the Successour of Henry 8
why not in the same maner of the Kingdome that there should bee one and the same head both of the Kingdome and Priesthood lest in like sort there should be dissension betwixt them that therfore it is the rather to be held that Peter doeth supply Christs place not onely in the Priesthood but in the Kingdome that he might bee a King and likewise a Priest according to the order of Melchisedech who was both a King and a Priest 22 That if Christ be King of kings and Lord of Tho. Bozius de iure status praefat ad Aldehrard lords in like sort the Church must be Queene and Lady and if he be the Lord of all temporalities shee likewise must be the Lady That all temporall regall power doeth reside first in the soule of Christ and then in the Idem ibidem Church his spouse the Queene of the world and from her is deriued to others faithfull or infidels as out of a fountaine That the Church the spouse of Christ and Idem lib. 1. cap. 6 sol 36. Queene of the world may as oft as the order of the whole doeth require c. transferre the proper rights of one vnto another as a secular Prince may cast downe priuate mens houses for the beautifying of the Citie or impose tribute for the weale publike that he may thus iustly doe although he hath not erred from whom such rights are transferred vnto another so the Pope gaue the Spaniards the Indians That the Pontificall and Isidor Moscon de maiest milit Eccle. pag. 91. Idem pag. 656. Regall power and all other powers are most plentifull in the Pope and doe reside in the Pontificall dignitie that all Dominions whatsoeuer doe depend vpon the Church and vpon the Pope as the head of the Church and that in the Pope authoritie is considered in Emperours Idem pag. 670. and Kings power and thence it is that power doeth depend vpon authoritie 23 That true iust ordeined by God and meere Carer de potest Rom. Ponti pag. 9. dominion aswell in spirituall things as in temporall was brought foorth by Christ and the same was committed to S. Peter and his successours That Christ Idem pag. 111. was Lord ouer all inferiours not onely as God but likewise as man hauing euen then dominion in the earth and that therefore as the dominion of the world was in Christ both diuine and humane so it must be confessed that it was in the Pope his Vicar That as God in a secondarie maner may bee called a temporall ruler and Idem pag. 112. Monarch of the world although in himselfe hee is not principally worldly or temporall so the Pope may be called a temporall Lord and Monarch although his power be a certaine spirituall thing That the mysterie of Idem pag. 120. redemption being accomplished Christ as a king gaue vnto Peter the administration of his kingdome and S. Peter did execute that his power against Ananias and Saphira That Christ as hee is man is directly Idem pag. 124. the Lord ouer all the world in temporalties and that therefore the Pope is so likewise in that he is his Vicar That the supreme power of iudging all and the top of Idem pag. 126. dignities and the height of both powers are found in Christs vicar 24 That there is one principalitie and one supreme Rodericus Sancius apud Carer pa. 132. Prince ouer all the world who is Christs vicar according to that of Daniel chap. 8. He hath giuen him power and honour and rule and all people and tongues shall serue him and that in him therefore is the fountaine and spring of all principalitie and from him all other powers doe flow That the Bishop of Idem ibidem pag. 131. 132. Rome in place of Christ is set as a Prince ouer the whole world in spiritualties and temporalties and that it is naturally morally and by the law of God to be held with a right faith that the principalitie of the Bishop of Rome is the true and onely immediate principalitie of the whole world not onely as touching things spirituall but likewise temporall and that the Imperiall principalitie is depending vpon it as being mediate ministeriall and instrumentall ministring and seruing it and that it is ordeined and instituted by it and at the commandement of the Papall principalitie is mooueable reuocable corrigible and punishable 25 That as the diuine and humane dominion were Carerius de potest Rom. Pont. pag. 150. in Christ so in Christs stead the dominion of the world in the Pope is both spirituall and temporall diuine and humane That the vnremooueable trueth doeth designe Idem pag. 151. by Peters onely comming vpon the water to Christ that the whole dominion which is signified by the Sea is committed to S. Peter and his successors And that as the Pope cannot say that he is not Christs vicar vpon Idem pag. 155. earth so he cannot deny but that he is Lord ouer all things because the earth is the Lords and the fulnesse thereof whereby all things heauenly earthly and infernall are subiect vnto Christ the Lord and thence it is that he did commit vnto the Pope who doeth supply his place vpon earth the right of the heauenly and terrene Empire That the Pope by the Law of God hath Iael Zecchan tract Theolog. pag. 81. power and temporall dominion ouer the whole world that the same is prooued by the words of Luc. 22. Behold here are two swords which signifie the power temporall and spirituall and because Christ whose vicar the Pope is hath both powers according to the words Matth. vlt. All power is giuen vnto me in heauen and in earth That thence it may be deduced that the Pope is absolutely the Lord of all the Christian world and Kings and Christian princes are to acknowledge that they holde of him their Empires and kingdomes and all that are faithfull ought to be subiect vnto him And that as oft as such princes doe any great hurt in the Church the Pope may depriue them of their kingdomes and transferre their right to others 26 It is here to be obserued of what great reputation in Rome and Italy the authors are whose opinions this Examinate doeth dislike For to omit Baronius the late Cardinall Francis Bozius his booke was approued in Rome very authentically to be printed as conteining nothing in it aduerse to the Catholicke faith and with the like approbation the booke of Thomas Bozius was printed in Rome and so was that of Celsus Mancinus Mosconius his booke was printed at Venice before the stirres betwixt them and the Pope and the tractate of Laelius Zecchus was printed at Brixia Carerius a Doctor of Padua had his booke approoued at Padua though it was afterwards printed at Colein Whereupon it was thought meete by the Examiner for whom it was thought as lawfull to obiect what he thought fit as sor Master
cannot ordinarily depose princes euen for a iust cause yet hee saith that the Pope may change kingdomes and take them from one and giue them to another not as he is princeps Ecclesia politicus but as hee is summus princeps spiritualis when they hinder religion taking that course which bringeth detriment to mens soules will not otherwise be reclaimed 111 Vpon this declaration made by this Examinate vpon such apparant grounds and collections as he could not denie it was demanded of him what his iudgement was as touching the contents of it Whereunto he answereth that he hath elswhere sufficiently opened his mind in that behalfe where he hath often said that in his iudgment the Pope iure diuino hath no authoritie inherent in him or not inherent directly or indirectly whether it be termed spirituall or temporall or a mixt authoritie or howsoeuer it is or may be called to depose kings either for heresie or Apostasie or for any other cause whatsoeuer or to release their subiects from their obedience or to authorize them to beare armes against them or to excommunicate the subiects of any such kings that refuse to enter into any such disobedient rebellious and traiterous courses but continue their faithfull and loyall subiects notwithstanding hee should tell them neuer so confidently that such their former kings being by him deposed were no longer their kings or any other allurements or perswasions whatsoeuer to the contrary Whereunto this Examinate now addeth that in his iudgement it is a vaine conceit and repugnant to the Scripture for any to affirme that the Pope hath any power authoritie or iurisdiction either potentially or actually ordinary or casuall to deale with kings or princes or with their subiects as is aboue mentioned or to holde and maintaine that kings and soueraigne princes haue their regall authoritie from the Pope or that they are to him as the rulers and Iudges amongst the Israelites were to Moses or that hee hath any authoritie at all as he is Christs vicar and S. Peters successour to deale with kings and princes for any cause or at any time further then concerneth the health of their soules and the maintenance of the Catholicke faith by admonitions perswasions and good counsell and if those will not serue then by the spirituall censures of the Church and by S. Peters keyes only and not so neither but when it is apparant that such spirituall censures may in deede and truely turne to edification and not to destruction and that they may be vsed without hurt or danger of Catholickes either in their bodies goods or liues All further proceedings of the Pope with kings and soueraigne princes as the chiefe pastour of their soules this Examinate saith hee doeth vtterly dislike and prayeth from the bottome of his heart that hereafter they may neuer be practised 112 But heere this Examinate being put in mind of his own words aboue specified wher he acknowledged the Pope to haue casualiter some authoritie in temporalibus without the limits of S. Peters patrimonie though the same were not inherent in him and thereupon required to declare his meaning therein he saith that he neither had nor hath any other meaning then this that when any questions or controuersies arise amongst Kings Princes and such other great persons as they cannot amongst themselues compound but yet are contented to referre the decision or compounding of them vnto the Pope vnto whome they are all subiect in Spirituall matters hee the said Pope may lawfully in this Examinates iudgement vpon this occasion and so casualiter intermedle and deale in the said questions and controuersies and order them for the establishing of vnitie friendship and concord betwixt the said parties although the particulars so questioned or controuerted be meerely and altogether of temporall conusance And also this Examinate further saith that the Pope may so deale as he thinketh when any King Prince or other great person will bee content for the strengthning of his owne purposes in some especiall matter to desire the Popes approbation of it For example the King of Fraunce hauing left his former wife and married another had by her a Decretal lib. 4. cap. 13 qui filij sunt legitimi sonne and a daughter and being as it seemed in doubt that his sonne after him might in that respect receiue some preiudice in his Title to succeede him he the said King entreated the Pope for the legitimation of his issue whereunto hee yeelded the deciding of any mans right or interest to a Kingdome no wayes properly belonging to the Pope but casually as here it hapned when the King was contented to referre it vnto him and might haue done it himselfe but that he thought when the Pope ioined with him that which they did together would bee of greater force 113 This will appeare more plainely by Innocentius his owne words in an other suite of the same nature made vnto him where a Gentleman of Montpeliar hauing likewise put away his wife and married another by whom he had children Ibidem in glossa was encouraged by the example of the King of France to labour to the Pope of the legitimating of his children in like sort quatenus eis natalium obiectio ceu exceptio non noceret quo minàs sibi succederent that the exception against their birth might not hurt them but that they should bee his heires But Innocentius denying his suite amongst some other reasons why hee so did vsed these that the King of Fraunce had no superiour in his Kingdome in Temporall causes but this Gentleman was a Subject that the King of Fraunce might without any mans hurt referre the said matter to the Pope which this Gentleman could not doe in his cause that the King did neede the consent of no man for the approouing of that which the Pope had done on his behalfe whereas if he the said Innotentius should legitimate this Gentlemans children it would not availe him without the assent of the King or Lord his superiour that the King had power in that point to submit himselfe to the Popes iurisdiction which this Gentleman had not and that the King might in some mens opinions of himselfe haue legitimated his said sonne and daughter without any assistance from the Pope So as this Gentlemans cause was farre vnlike the Kings Hereof Innocentius himselfe did write to the said Gentleman in this sort Insuper cùm Rex superiorem in temporalibus minimè Ibidem Per venerabilem citatur à Bellar. de Rom. Pontif. lib. 5. cap. 3. recognoscat sine iuris alterius loesione in eo se iurisdictioni nostrae subijcere potuit in quo videretur aliquibus quòdper seipsum non tanquam pater cum filijs sed tanquam Princeps cum subditis potuit dispensare tuautem nosceris alijs subiacere vnde sine-ipsorum forsan iniuriâ nisi praestarent nobis assensum in hoc subdere te non posses That is Moreouer inasmuch as
subiects haue thereby receiued great detriment especially subiects who haue spent their liues as supposing the cause was iust which they vndertooke this in the meane while being indeed their case that as what they did therein was in truth wicked and rebellious so when either that which they took in hand had not good successe or when afterwards the Pope and such Princes grew to an agreement they were euer for the most part reputed according to their deserts for Rebels and Traitours vnder pretence of some thing or other that was amisse in their proceedings and that therefore he hopeth that in time all Catholickes will hereafter by other mens harmes learne to beware and not bee drawen to any disobedience against their Soueraignes vnder any pretence whatsoeuer 77 The authours of the late most wicked and barbarous treason commonly termed the Gun-powder treason had as this Examinate verily thinketh some intendment to haue aduanced thereby the Catholicke cause for that his Maiestie did still persist in the same course which was held by the late Queene his predecessor or by what other inducements this Examinate knoweth not Howbeit as this was their iust reward here that they were condemned and executed for traitours so doe they worthily reape amongst all discreete Catholikes and wise men abroad in other Countries nothing but shame and infamy to the memorie of their owne names and posteritie which this Examinate wisheth from the bottome of his heart may euer be the successe of all manner of persons whatsoeuer that shall imagine or seeke to contriue any hurt to his Maiestie the Prince or any other of his Highnesse posteritie or to the present state of this kingdome vnder any colour or pretence of conscience religion fauour towards the Bishops of Rome or any thing els whatsoeuer Only this Examinat here addeth that as he doth very well approue that Catesby with his fellowes should bee chronicled for traitours by any or wheresoeuer so he disliketh that the said Cristanouic also who is aboue named should endeuour after a sort to qualifie their offence by casting an vntrue and shamefull scandall vpon this whole nation where after a long discourse to prooue that English men haue from time to time conspited against their kings not for religion but in respect of their owne rebellious nature he concludeth thus with relation to the said Gun-powder traitors Causam tenes lector coniurationum Anglicanarum quarum furorem falsò religioni Stanista Cristanouic exam Cath. fol. 18. Catholicae legislatores tribuunt that is Thus Reader you haue the true cause of the English conspiracies the furie whereof their Law-makers doe falsly impute to the Catholique religion And againe Non ergo Catholicum sed Anglicanum ingenium Reges Ibidem Angliae non sinit securos esse that is It is not therefore the Catholique but the English humor which will not suffer the Kings of England to liue secure For as this Examinate saith what this fellow affirmeth of English men may bee as well iustified of any nation in Christendome if such a rash iudgement might be grounded vpon such like arguments as he hath vsed But here this Examinate remembring his drift wisheth in his heart that it might be neuer forgotten by any Catholiques or other English men whosoeuer what guerdon commendation and infamous renowme they may iustly expect that for any cause whatsoeuer as is aforesaid shall attempt any thing against their Soueraigne 78 Thus farre this Examinate hauing opened his iudgement vpon such occasions as were ministred vnto him he vsed sundry speeches how much it troubled him that either his Maiestie or the State should doubt of his sinceritie and Allegeance and therefore for a conclusion and as it were to adde his seale to all that before he hath said he further affirmeth viz That he doeth truely and sincerely from the bottome of his heart acknowledge professe testifie and declare in his conscience before God and the world that King Iames his Soueraigne lord is iure diuino and by the positiue lawes of this realme lawfull and rightfull King of this realme and of all other his Maiesties Dominions and Countries both de facto and de iure and that it was not lawfull either for his Maiesties Subiects to haue withstood him by force from being their king nor euer can be lawful for them now that he is their king to rise vp against him or seeke by any wayes or meanes to hurt him either in his health or in his regall estate although he denieth the Popes supremacie in causes Ecclesiasticall and seeketh as he may to suppresse all those that dissent from him in those points of Religion which hee imbraceth and though likewise they his said subiects being either Catholikes or Protestants had sufficient numbers forces and ability so to doe without any scandall to the Catholike cause and without any danger to themselues either in their goods or liues 79 That the Pope iure diuino by the lawe of God neither of himselfe nor by any authority of the Church or See of Rome or by any other meanes with any other hath any power or authority either directly or indirectly in ordine ad spiritualia whether the said authoritie bee termed spiritual or temporall or mixt or howsoeuer it is or may be termed to depose the King or to dispose any of his Maiesties kingdomes or dominions or to authorize any forreine Prince to inuade or annoy him or his countreys or to discharge any of his subiects of their Allegeance and obedience to his Maiestie or to giue license or leaue to any of them to beare armes raise tumult or to offer any violence or hurt to his Maiesties Roial person State or gouernment or to any of his Maiesties subiects within his Maiesties dominions 80 That he doeth also affirme from his heart that notwithstanding any declaration or Sentence of Excommunication or depriuation made or graunted or to bee made or graunted by the Pope or his successours or by any authoritie deriued or pretended to be deriued from him or his See against the said King his heires or successours or any absolution of the said subiects from their obedience hee will beare faith and true alleageance to his Maiestie his Heires and Successours and him and them will defend to the vttermost of his power against all conspiracies and attempts whatsoeuer which shall bee made against his or their persons their crowne and dignitie by reason or colour of any such sentence or declaration or otherwise by reason or colour of any authoritie or power ascribed to the Pope in temporalibus directly or indirectly in ordine ad spiritualia whether the said authoritie be termed spirituall or temporall or mixt or howsoeuer it is or may be termed and will do his best endeauour to disclose and make knowen vnto his Maiestie his Heires and Successours all treasons and traiterous conspiracies which hee shall know or heare of to bee against him or any of them 81 That furthermore he