vniuersall Iurisdiction commit the same vnto the Emperour That the Bishop of Rome is the highest father Idem pag. 152. and man of the world and the vniuersall Vicar and Lord of the world and that all others doe depend vpon him as their builder and that otherwise if one should place the Emperour by himselfe in respect of his temporalties he should grant two beginnings which were heresie That the Empire of Rome before it was Idem pag. 161. conuerted to Christ was a Dominion vsurped and tyrannicall because the true dominion was in the line of Christ That the Emperour is the Popes minister for Idem ibidem God did appoint him tanquam summi sacerdotis ministrum to be as a minister of the highest Priest That the Imperiall power doth depend vpon God by the Idem pag. 162. 163. interposition of his Vicar to make it complete and formall and that the Emperour ought so to receiue it That no King or Emperour hath Iurisdiction or dominion Idem pag. 172. but from Christ and by consequence can haue none at all but from his Vicar 32 That in the highest Bishop both the powers and â—â—ls Mancinus lib. 3. cap. 1. Carer pag. 133. Iurisdictions are spirituall and temporall and that as he is the most eminent person of all men in spirituall power so is he in temporall so that it may lawfully bee affirmed of Christs Vicar by a certaine similitude that Plato in Timaeus said of God asking in Timaeus what was God he answereth he is not a man nor heauen nor good but something better if one aske whether the highest Bishop be a Duke a king an Emperor or a Prince he shall answere warily if by denying hee affirme the Pope to be quid praestantius quidue eminentius some thing more excellent and more eminent That the Bishop of Rome is called Papa of Papae an Isidor Moscon pag. 22. interiection of admiration because his dignitie and power is admirable to all men and is as it were the amazement of the world according to the glosse in the proeme of the Clementines where it is read in these words Papa stupor mundi non Deus non homo sed vtrumque the Pope is the wonderment of the world not God nor man but both That the Pope Ibidem doeth execute ordinarily his iurisdiction temporall in S. Peters patrimonie but casually in all kingdomes That the holy historiographer in the old lawe made the Idem pag 63. priesthood an adiectiue to the kingdome but S. Peter made the kingdom an adiectiue to the priesthood That if we will follow the phrase of Scriptures and attend the Greeke copie and that tongue it must needs be confessed Idem pag. 66. that our Sauiour Iesus in those words Feede Feede Feede my sheepe did ordeine his vicar and committed vnto him temporall and spirituall power That all temporall Iurisdict on must be exercised not Idem pag 80. at the Popes commandement but at his becke Princes will charge command God who is lord of all doeth by his becke command according to that saying Dixcrat nutu totum tremefecit Olympum And that Christ had ful Iurisdiction ouer all the world Idem pag. 85. and all creatures and therefore the Pope his vicar hath so 33 With the offring of these speeches to this Examinates consideration he was much offended saying that now he perceiueth it is more sought to bring him into hatred then to make proofe of his true Allegeance because these things are onely produced in scorne of his Hol. as he conceiueth in defence of whose Supremacie in spirituall causes he is readie to yeeld his life and therefore answered plainely that he thought himselfe very hardly dealt with in this point But reply being made that his said offence taken and discontentment thereupon vttered seemed very strange how it was come to passe with him that those things which are published to the world by so many and with so great an approbation in Rome to no other end but that all the world should take notice of them so much disquiet and trouble him by the very repetition of them 34 Wherunto this Examinate saith that the repeating of the said speaches doeth not so much moue him as the drift whereat they aime For if that which is sufficient might giue contentment these speaches produced out of the authors by him cited agreeing in effect with that which he himselfe had alledged out of them he did before declare his opinion of them when hee termed them the long-since disliked and impugned assertions of the Canonists and more he saith by the offering of them to his consideration cannot well be required of him it being no way apperteining any more vnto him to censure the flatterers of the Pope then of Kings and Princes who to please them doe oftentimes no doubt say more then is true Whereupon he addeth that whatsoeuer he did cite out of the said authors he did it with much griefe and would not so farre haue enlarged himselfe therein had he not conceiued that his Maiestie had an especiall respect vnto this opinion of the Popes direct authoritie in temporalibus so highly aduanced aboue all kings and Emperours when hee vsed in Parliament these wordes in effect viz. that by the doctrine of the Popes supremacie he the said Pope doth not onely claime to be spirituall head of all Christians but also to haue an Imperiall Ciuill power ouer all Kings and Emperours dethroning and decrowning princes with his foote as pleaseth him and dispensing and disposing of all kingdomes and Empires at his appetite and that another point which they meaning the Catholicks obserue in continuall practise is the assassinates and murthers of kings thinking it no sinne but rather a matter of saluation to doe all actions of rebellion and hostilitie against their naturall Soueraigne Lord if he be once cursed his subiects discharged of their fidelitie and his kingdome giuen a praye to their three crowned Monarch Through the which his Maiesties speach this Examinate did verily think that the oath of Allegeance was ordeined to meete with such mischiefes as the Parliament supposed according to his Maiesties said words to be dangerous consequences of this forenamed opinion which hee this Examinate signified when hee tooke that oath and mentioned as is aforesaid in his letter to the Cardinall Wherein he seeth not as he saith what iust offence can be taken in that he told the Cardinall how he had sworne that the Bishop of Rome had no Imperiall and Ciuil power to depose at his pleasure the kings Maiestie For as he then sware so he doth now constantly affirme that he holdeth the opinion before spoken of concerning the Popes direct Dominion and supreme authoritie ouer all the world in temperalibus to be vntrue notwithstanding the peremptory resolution and vehemency shewed by the authors of it affirming but falsely that it is the more common opinion of Diuines to be
Papali cap. 13. France except that which Zacharie did in the deposition of Hildericus may bee expounded deposuit id est deponentibus consensit sicut exponit glossa Zacharie deposed the King that is hee gaue his consent to those that did depose him as the glosse doth expound it that from such singular facts of deuotion to the Church or to the person or of fauour or for some other cause and not in right of law arguments may not bee made that whereas it is read in histories that Boniface obtained of Phocas the Emperour that the Church of Rome should be the head of all Churches because the Church of Constantinople did write herselfe so it might bee collected by such a like argument that it appertained to the Emperour to transferre the primacie of one Church to another as likewise whereas Isidore saith that Constantine the Emperour did decree that the See of Rome should hold the principalitie ouer the foure chiefe Sees Antioch Alexandria Constantinople and Hierusalem God forbid that thereupon we should say that the Church of Rome hath her Primacy ouer Churches and the disposition of them from Emperours So as this Examinate saith that which was done as touching the deposition of Hildericke the king of France doth no way alter his opinion before shewed touching the Popes authoritie in temporalibus casualiter when they are lawfully referred vnto him as in the Sect. 113. he hath specified 120 Here this Examinate was put in minde of certaine wordes of his in the said 113. Section where saying that the Pope as hee is Christs vicar could not otherwise deale in temporalibus casualiter then as here he hath said he seemeth to insinuate that in some other respect hee might deale in temporall causes with Kings for the deposing of them and proceeding with their subiects as hath bene before diuers times mentioned And the rather it so seemeth in that he hauing before cited out of Mancinus how the Pope hath authoritie to proclaime warre and so become a man at armes did let that point passe him without answere vnto it 121 For satisfaction whereof this Examinate saith that in his iudgement it is as lawfull for the Pope to make warre within his own Territories which he holdeth as a Temporall Prince when he is driuen thereunto through the disobedience of his subiects or in their defence against other Princes as it is for any King or ciuill State so to doe vpon such or the like occasions and that Iacobus Gretzerus saith well if this Examinate doth rightly vnderstand him to this purpose and to the iustification of all in effect which this Examinate hath set downe throughout the whole course of this his Examination touching his deniall of the Popes authoritie either directly as he is Pope or indirectly in ordine ad spiritualia as he is Summus Princeps spiritualis the Supreme spirituall Prince to depose Kings and release their subiects from the oathes of their allegeance c. where he writeth in this sort Cogit Pontifex Romanus poenis externis spiritualibus vt Excommunicatione Gretzerus defens controuers Bellar. colum 1404. item poenis externis temporalibus corporalibus quà ipse est Princeps politicus quà Principum politicorum opem implorare potest vt haereticorum petulantiam licentiam poenis temporalibus compescant that is That the Bishop of Rome hath authoritie to compell men by outward spirituall punishments as by Excommunication and also by outward temporal and corporal punishments as he is himselfe a ciuill Prince and as he may implore the assistance of other ciuill Princes that they may represse by temporall punishments the wantonnesse and liberty of heretikes 122 And this Examinate also further saieth that for ought he can Iudge whereas some exceptions were taken to the Popes sending of certaine small forces into Ireland about the yeere 1580. to assist the Earle of Desmond Cardinall Allen in answere of them doth politically iustifie that his fact where hee writeth in this manner The chiefe Bishops of Christs Church our supreme Pastors in earth by Gods prouidence and by the graunts of Card. Allens answere to the English Iustice pag. 144. our first most Christian Emperours and Kings and by the humble and zealous deuotion of the faithfull Princes and people afterwards haue their temporall states dominions and patrimonies whereby they most iustly holde and possesse the same and are thereby lawfull Princes temporall and may most rightfully by their Soueraigntie make warres in their owne and other mens iust quarrell as occasion shall vrge them there vnto 123 By reason of diuers particulars deliuered by this Examinate in this his answere to the last doubt propounded vnto him it was first demanded of him whether in his iudgement the Pope hath authority to command any king being held for a Catholicke to take armes against any his neighbour kings deemed by him for heretickes for the suppressing of them by temporall coertions when the Pope shall iudge it fit because it might seeme very strange for any man to conceiue that Christ euer gaue to S. Peter any iurisdiction authoritie or power in fauour of religion to set kings together by the eares It might haue some probabilitie that if a king who disalloweth of the Popes supremacie and of many other corrupt points of popish doctrine should send his forces into any other temporall princes dominions to make warres of purpose to abolish the Popes authoritie and plant there the reformed religion by him professed then in this case the Pope might sollicite some other kings adioyning to oppose them selues make warres against him But to imagine that when a King proceedeth no further then to order matters in his owne kingdome by the aduise of the States thereof both Ecclesiasticall and Temporall as it shal be iudged by him and them most expedient any Bishop or Spirituall person whosoeuer may take vpon him to proclaime or excite warre and thrust other kings to assaile him by force in his owne kingdome and countrey euery such conceit wanteth authoritie in the new Testament and hath no example for many yeeres in the purest and best times of the Church and besides it is repugnant to that which this Examinate hath before deliuered For kingdomes being neither founded vpon faith nor grace how can they be shaken vnder pretence that either of them is impugned Christianitie may well be thought to binde a king who reckoneth himselfe subiect to the Bishop of Rome in spirituall causes in them to submit him selfe vnto him but to command him to make warre and thereby hazard peraduenture his owne kingdome or spend the blood either of his owne Subiects or of the subiects of any other Christian King when the Pope thinketh good is a very bloodie and an vnchristian opinion 124 Vnto this question and the parts thereof this Examinate saith that he beleeueth that all Christian Kings and Princes are bound to doe what they can for the maintenance of the Catholicke faith
non habere Imperialem Ciuilem potestatem ad libitum ex suo appetitu deponendi Regem nostrum That the Pope hath not an Imperiall and Ciuill power to depose our King when he pleaseth and at his owne appetite suggesting that the said oath had no other meaning and that this sense was thrice insisted vpon before hee this Examinat tooke the said oath and allowed of by the Magistrate whereas the words of the oath which he this Examinat tooke for ought that appeared to the contrarie without any equiuocation or mentall euasion whatsoeuer are cleare and manifest viz. That the Pope neither of himselfe nor by any authoritie of the Church or See of Rome hath any power or authoritie to depose the King The oath saith that the Pope hath no power by any authoritie of the Church or See of Rome viz neither Imperiall Ciuill nor Ecclesiasticall whereas this Examinat telleth the Cardinall that he onely sware against his Imperiall and Ciuill power whereby he might not so proceede with his Maiestie 17. With these particular exceptions this Examinate being somewhat troubled desired againe that before he came to the answering of them he might a little as by the way bewayle himselfe and his present estate which he did in manner as followeth saying That it was no little griefe vnto him to be apprehended and cast into prison that thereupon he hoped his former troubles and oppositions against him would haue ceased that notwithstanding as matters are prosecuted and his proceedings interpreted hee receiueth nothing but discomfort from each side that his friendes might haue bene content to haue expounded his oath in the best part and the rather because they perceiued hee found thereby that he had giuen some reasonable contentmēt to the State for the ease of his imprisonment being an old man and troubled with many bodily infirmities and for the auoyding of some further extremities that Cardinall Bellarmine might well haue forborne his Letter vnto him as also his sharpe censures of him as if by taking the said oath hee had fallen with Peter in denying his Master and with Marcellinus who offered a false sacrifice and that thereby he this Examinate had brought in question one of the chiefe heads of faith and foundations of Catholicke religion that hee the said Cardinall might easily haue foreseene that albeit there had beene no copies of his Letter taken before it came to him this Examinate yet that such a vigilant eye is had ouer him in prison as that it is almost impossible for him to haue kept it vndiscouered especially there being such bruites of it cast abroad as there were euen by those that should haue concealed it that likewise the said Cardinall might not onely well haue thought that if it happened his Letter to be diuulged more hurt then good was likely thereof to ensue except he thought it fit to bring him this Examinate into greater hatred then he was before which could not auaile the common cause and to prouoke his Maiestie to some greater extremities then of his most milde and temperate disposition he is inclined vnto but likewise that it was his this Examinates part in all duety to answere his Letter which would be also as it hath now fallen out as impossible his case considered for him this Examinate to performe with any secrecie as it was that his the said Cardinals Letter should come vndiscryed vnto this Examinate that as hee greatly suspecteth the Cardinals said Letter was cunningly opened before it came to his this Examinates hands so he is perswaded that his answere vnto it will be vsed in the like sort before it come to the Cardinall and the rather he so thinketh for that he findeth alreadie the copie of it by skill and practise to be as soone published abroad here in England as this Examinate could dispatch it for Rome which doth greatly perplexe him and what may be the issue of it he knoweth not but feareth as he saith the worst at al hands that notwithstanding come what shall come his hopes being past which were neuer great his libertie restrained neuer to be recouered the graue expecting him which he most desireth no ioyes nor comforts but in his blessed Sauiour he is resolued with patience to expect and vndergoe it that these and many other such courses held with him do oftentimes exceedingly grieue and trouble him in that men abroad and at libertie haue no more care of poore men imprisoned for those causes which they would seeme most earnestly to affect and that thus hauing eased a litle his heart and referring himselfe and his cause to God he will now addresse himselfe to answere all the partes of the obiection aboue mentioned syncerely and truely from the bottome of his heart as becommeth a true Catholicke priest and as he is perswaded in his conscience without any equiuocation or euasion and without regard or feare of any mens persons or of any inconuenience or further danger that might thereby ensue vnto him or of any slanderous imputations which he doth easily foresee will be heaped vpon him of purpose to discredite both him and that which he findeth he must needes acknowledge except he should wilfully denie the trueth or shew himselfe obstinate and peruerse against lawfull authority which his present estate and conscience will not permit 18 And therefore now as touching his this Examinats signification vnto Cardinall Bellarmine that the effect of his oath was Summum Pontificem non habere Imperialem ciuilem potestatem ad libitum ex suo appetitu deponendi Regem nostrum That the Pope hath not an Imperiall and ciuill power to depose our King when he pleaseth and at his owne appetite he will as he saith answere the same not in grosse but by degrees saying first That amongst diuers prerogatiues attributed to the Pope in temporalibus in temporalties this is one which cannot be well denied by any viz. that the Pope is truely lord of all the temporalties belonging to the Bishopricke of Rome Within the compasse whereof there are some who haue included England and Ireland and one especially whose memorie this Examinate doth greatly honour but yet he must needes acknowledge his ouersight in that point Thus hee writeth Without the approbation of the See Apostolicke none can be lawfull King or Queene Admonit to the Nobilitie by Card. Allen 1588. pag. 8. of England by reason of the ancient accord made betweene Alexander the third the yeere 1171. and Henry the second then King when he was absolued for the death of Saint Thomas of Canterbury that no man might lawfully take that Crowne nor bee accounted as King till hee were confirmed by the Soueraigne Pastor of our soules which for the time should be this accord afterwards being renewed about the yeere 1210 by king Iohn who confirmed the same by oath to Pandulphus the Popes Legate at the special request and procurement of the Lords and Commons as a thing most
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
them to lay violent hands vpon his person or to stirre vp any sedition or tumult within his Kingdom or to assist any that should make such attempts either against the King or the State of the Kingdome he this Examinate answereth now as he answered then for the further opening of his meaning saying his iudgement is that no lawfull Excommunication termed either Excommunicatio maior the greater Excommunication or Ecclesiasticall curse of Anathematization can produce such effects or ought to enforce the same and that hee agreeth therein with many sound Catholike writers as he thinketh and particularly with these following and so drawing out his pocket-notes as oft vpon sundry occasions he did hee caused their words to bee set downe for the better declaration of his duetie Excommunicatio non nisi excommunicatum facere potest eaque fulminatur in Principes non vt tyranni fiant neque vt suis ditionibus remoueantur neque vt subiectis laxentur habene vel juratâ fide liberentur That is An Excommunication can but make a man Excommunicate and it is thundred against Princes not to the end that they should thereby become tyrants or bee remooued from their Dominions or that the ruines should be loosed vnto Subiects or they bee freed from the oath of their fidelitie Ludou Richeome in Apologet. pa 175. And againe Soto Medina in primam secundae pag. 513. q 96. art 4. saith as Medina doeth alleadge him Quod Excommunicatio non est priuatio alicuius boni proprij quod transgressor legis prius posseder at sed est priuatio bonorum communium quae ab Ecclesia crat percepturus vt communionis spiritualis receptionis Sacramentorum That is Excommunication is not the priuation of any proper or peculiar good whereof the transgressor of the law was formerly possessèd but of those common benefits which hee should haue reaped from the Church as of the spirituall Communion and receiuing of the Sacraments And S. Thomas saith Tho. Aquin. secunda secuudae q. 11. art 3. Aliud est Excommunicatio aliud Eradicatio Excommunication is one thing and Eradication another which is set downe in the Canon Law of an Epistle of Pope Vrbane where it is said Liquidò apparet aliud esse excommunicationem aliud eradicationem Qui enim excommunicatur vt Apostolus Decret 2. parte caus 24. q. 3. cap. 37. ait ad hoc excommunicatur vt spiritus eius salnus fiat in die Domini Disciplina enim est Excommunicatio non eradicatio That is It doeth plainely appeare that Excommunication is one thing and Eradication another For he which is Excommunicated is as the Apostle saith to this end Excommunicated that his soule may bee saued in the day of the Lord. For Excommunication is a correction and not an extirpation So as this Examinate here saith that for as much as hee hath before acknowledged that the Kingdome of England is no part of the Popes possessions nor any more subiect vnto him then other Christian Kingdomes are that the Pope hath no Imperiall or Ciuill authoritie to depose his Maiestie and that the Popes Excommunication which is the chiefe censure of his spirituall authoritie can bring foorth no such effects as are supposed in the said oath of Alleageance viz. neither deposition eradication absolution of Subiects from their obedience nor any sufficient warant either to rebel or to lay violent hands vpon any King he this Examinat is perswaded that litle more can bee required at his hands in answere of the said maine obiection touching the sense of that oath according to the effect of his Maiesties speeches insinuated as is aboue said by him this Examinate vnto the Cardinall 40 Before the further pressing of the insufficiencie of all that hitherto he hath saide for the clearing of the said obiection Sect. 35. for as much as in his last speeches touching Excommunication hee said that Excommunication could bring forth no such fruits as he there recited it was demanded of him how that his assertion could agree with these points of Popish doctrine published by a classicall author of the Romish sect where hee laboureth to prooue by sundry reasons that Henry 3. being king of France stood diuerse yeeres excommunicated before he was murthered as hauing committed many offences which were subiect ipso iure to diuerse Excommunications as namely that of the Bull Coenae Dominicae some of which faults he setteth downe to be these following shewing the saide king to haue bene excommunicated ipso facto for De Iusta abdic Hen. 3. l. 2. cap. 35. euery one of them for example 1. quod haereticis fauebat 2. quod 8imoniacus 3. quod cum haereticis Reginâ Angliae Nauarro foedus inierat 4. quod bona Ecclesiae Pontifice inconsulto occupauerat c. 1. for that hee was a fauourer of hereticks 2. for that he was a Simonist 3. for that he had entered into league with hereticks the Queene of England and the Nauarrian 4. for that without the Popes priuitie he had seized the possessions of the Church Whereupon after many other discourses and allegations of Scriptures fathers histories and what not he falleth vpon this conclusion that the said king was lawfully murthered before any Excommunication of him was published saying Non percipit formulam publicus Ibid. lib. 4. c. 2. dolor Common griefe is not capable of forme And that albeit in occulto crimine in a hidden crime no man ought to bee condemned indictâ causâ or before he be cited and called yet in publique and notorious crimes such as by no tergiuersation can be hid Euidens notitia facti sâ—ntentiae Idem ibidem locum tenet Euident notice of the fact is in place of a Sentence All which particulars doe crosse this Examinates former opinion how excommunication had no power to depriue any King from his kingdome and could much lesse giue authoritie to murther him 41 Whereunto this Examinate answereth that what priuate men write ought neither to be imputed to the doctrine of the Catholique Church nor to any other mans preiudice who is of another iudgment and yet he saith that these points propounded out of the said author are so farre out of ioint and so intolerable as he holdeth them in his iudgement to be most false and dangerous not onely to all protestant Kings and princes but in like manner to those that are Catholiques For saith he if all of them may bee so dealt with by their subiects who stand excommunicated ipsoiure by many excommunications but especially by the Bull Coenae Doviinicae hee knoweth no king liuing who may be secure either of his kingdome or of his life 42 It being here againe obiected vnto this Examinate that because it is apparant that all Kings and Princes who haue reiected the Popes supremacie though otherwise they embrace the Gospel are generally accounted by all Romish Catholickes to be heretickes he this Examinate must in the duety of his
Historiale had testified as much where hauing spoken of the abuse of the keyes he sayth with relation to Gregorie and his next Successour but one Vrbanus Vt pace omnium bonorum dixerim haec Vincent in spec Histor. lib. 15 cap. 84. sola nouitas ne dicam haeresis necdum è mundo emerserat vt Sacerdotes eius qui dicit Regi Apostata qui regnare facit hypocritam propter peccata populi doceant populum quòd malis Regibus nullam debeant subiectionem licet ei sacramentum fidelitatis fecerant nullam tamen debeant fidelitatem nec periuri dicantur qui contra Regem senserint imò qui Regi paruerit pro Excommunicato habeatur qui contra Regem fecerit à noxâ iniustitiae periurij absoluatur That is That I may speake it with the fauour of all good men this meere noueltie that I say not Heresie was not as yet sprung vp in the world that his Priests who saith vnto the king Apostata and who maketh the Hypocrite to reigne for the sinnes of the people should teach subiects that they owe no subiection vnto wicked kings that albeit they haue taken an oath of fidelity vnto such a one yet they are not bound in allegeance vnto him and that such as shall take part against their king may not be sayd to be periured nay that they who performe obedience vnto him are to be held as excommunicated and such as rebell against him are to be acquited from all guilt of the crime of periurie Which report testimony made by so worthy a Bishop aboue 350. yeeres since this Examinate saith hee may not impugne or dislike though Vincentius receiueth it from Sigebert this Examinate no way approouing the discrediting of ancient Catholicke writers vnder pretence of their fauour towards this Emperor or that Emperor because it giueth occasion to some to empeach many other worthy mens writings in like sort vpon colour of their partialitie towards the Bishop of Rome Besides it is apparant that some of the best and most sincere Catholicks were much troubled with that fact of Gregorie there being then many who plainely denied that the Apostolicall See had authoritie to depose as he did Henry the Emperor and to absolue his subiects from their oath of fidelitie vnto him in so much as the Bishop of Metz writ Gregorie 7. Epist. 21. lib. 8. apud Seuerinum de Concilijs vnto Gregorie desiring him being in great fauour with him to assist and arme him with his reasons of such his proceedings with the Emperour that he might be the better able thereby to withstand those that spake against them 53 Furthermore this Examinate the premisses considered being againe mooued for the full clearing of his sinceritie to deliuer his minde concerning the point which he said touched the quicke Sect 45. viz. of the Popes so great an authoritie in temporalibus in temporalties as that he may by any distinction whatsoeuer deale with Emperors or kings as is aforesaid he desiring Sect. 35. 45. to see one of Cardinall Bellarmines bookes de Romano Pontifice did deliuer out of him his this Examinates iudgement saying that he was verily perswaded as followeth viz. That the Pope is not Lord of those possessions which Bell. de Rom. Pontif. lib. 5. cap. 2. Infidels hold that Infidell Princes are the true and supreme princes of their owne Kingdoms that dominion is not founded in grace or in faith that S. Paul doeth bid vs to obey Ethnick Princes for conscience sake that wee were not bound to obey such Princes if they were not true Princes that Princes are not the Popes vicars that the Pope would willingly if hee could giue the Kingdomes of Infidels vnto faithfull Princes that it is a ridiculous conceit to imagine that God hath giuen to the Pope a right ouer all the kingdomes of the world and not to haue giuen him at any time a faculty of vsing such a right that Alexander 6. did not diuide the late new found world vnto the kings of Spaine and Portugall to that end that they should haue gone thither to haue subdued the Infidell kings of that new World or to haue taken to themselues their kingdomes but onely that they should haue procured preachers of Christian faith to haue been sent thither and to haue protected and defended both those preachers and the Christians conuerted by them and that withall hee the said Alexander might preuent the contentions and warres of other Christian princes who would haue vsed traffique in those new regions 54 That the Pope is not lord of the whole Christian Bell. ibidem cap. 3. world that if hee were the lord of the whole Christian world iure diuino the same would appeare in the Scriptures or by some Apostolicall tradition that in the Scriptures there is nothing but that the keyes of the kingdome of heauen are giuen to the Pope without any mention of the keyes of the kingdome of the world that none doeth pretend any Apostolicall tradition to that purpose that Christ neither did nor doeth take kingdoms from those to whom they doe appertaine that Christ came not to destroy those things that were well setled but to make them more perfect that when the king becommeth a Christian he doeth not lose his earthly kingdome which by law he had before but obtaineth thereby a new interest to the kingdome of heauen otherwise the benefite of Christ should be hurtfull to kings and grace should destroy nature that it is no true assertion to say that the Pope hath both powers but comitteth the execution of one of them vnto others that what authoritie soeuer the Emperours haue they haue it from Christ that if the Pope as being the supreme King and Emperour might take from kings the execution of their regall authoritie hee were greater then Christ that although Innocentius doeth compare the Pope to the Sunne and the Emperour to the Moone yet it is to be obserued that the Sunne and the Moone are not one Starre that as the Sunne doeth not make the Moone but God so the Popedome and the Empire are not one nor doe depend the one vpon the other that although the Pope alone hath full authoritie in the temporalties belonging to the Patrimonie of the Church yet in other Regions he hath not so 55 That the Pope iure diuino by the diuine Law Idem ibidem cap. 4. hath no temporall dominion directly of any one place that Christ as he was man whiles hee liued vpon the earth did not nor would receiue any temporall dominion that the Pope is Christs vicar and doeth represent him vnto vs as he liued here amongst men that therefore as he is Christs vicar and the highest Bishop hee hath no temporall dominion that it proceedeth from a false principle to say that the Pope who is Christs vicar is both a temporall king and a Priest that Christ was alwayes the sonne of God the king and Lord of all
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 quà m 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
grounded vpō this conceit that he this Examinate in taking the oath of Allegeance had sworne against the Popes supremacie in causes Ecclesiasticall 72 For answere vnto which erroneous conceit hee this Examinate sayth that when hee writ that hee tooke the oath in this sense viz. That the Pope had no imperiall and ciuill authority to depose his Maiestie the same is true whether it be attributed to the Pope either directly or indirectly also when he writ That the Pope had no imperiall and ciuill authoritie to depose the King at his pleasure and vpon his appetite the same also is as cuident though the Pope had as great authoritie as they pretend hee hath who say he is Dominus in Temporalibus directly that where hee this Examinate hauing cited diuers authours to this effect that the Pope hath authoritie indirectly in ordine ad spiritualia did thereupon inferre that the Pope could not depose his Maiestie because if he should so doe he should vse that his authoritie non ad spiritualia promouenda sed euertenda not to the furtherance of spiritual matters but to the ouerthrow of them and therupon did adde that he held nothing els therein quà m quod vbig Theologi in suas conclusiones compegerunt then what was generally concluded amongst Diuines he said as he thinketh therein also truly for that the cōmon opinion is that the Pope hath no authoritie ad destructionem to destruction So that albeit he might as he saith haue answered to euery point of the Cardinals letter more throughly yet that which he writ being sufficient to answere it he thought it his best course to write as he did 73 It being heere againe obiected that notwithstanding he this Examinate hath very well declared his iudgement to any mans contentment who is ignorant of the new deceitfull shifts of equiuocation yet because Cardinall Bellarmine holdeth that albeit the Pope cannot depose a king by his ordinary authority directly as hee is Pope he may neuerthelesse mutare Regna vni Bell. de Rom. Pont. lib 5. cap. 6. auferre atque alteri conferre tanquam summus Princeps spiritualis alter Kingdomes and take them from one and giue them to another as he is the highest spirituall Prince as hauing authority in temporalibus in ordine ad spiritualia forasmuch as yet it may well be doubted whether he this Examinate when hee saith that the Pope hath no Imperiall or Ciuill authority nor any power in temporalibus either directly or indirectly to depose and eradicate kings to absolue their subiects of their allegeance or to authorize them to beare armes against them hath not this or some such like cuasion viz. that it may truely be affirmed that the Pope hath no such authority to bee termed properly either Imperiall or Ciuill because whether he hath it in temporalibus directly or indirectly yet the authority in it selfe being employed for the deposition of Kings c. is to bee named according to the end wherefore it is so vsed which being for the good of the Church that is spirituall the said authority is not to be called a Temporall but a Spirituall authoritie whereby all which hee this Examinate hath hitherto said may be eluded and made frustrate by this or some such shift viz The Pope hath no Imperiall and Ciuill authority to depose the king that is he cannot depose him by his Ciuill authority as it is Ciuill but as it is Spirituall and againe to the same effect the Pope hath no authority in temporalibus either directly or indirectly to depose kings verum est the authoritie which the Pope hath in Temporalibus to depose kings is to be termed Ecclesiasticall and not Temporall as it is truely called when Kings and Princes doe vse it to an end which is Ciuill he this Examinate was vrged to expedite this difficultie with some reasonable plainnesse and perspicuity 74 Whereupon this Examinate being grieued as he professed that nothing would be accepted in satisfaction of his duetie as he feareth said that assuredly there should be no defect in his sinceritie howsoeuer the same might be wrested and therefore to the said obiection briefly answereth That although hee doeth acknowledge that there are some who say that when Boct. Epon Heroie Ecclesiastic quaest pag. 185. the Pope doth inflict Temporall punishments for the better preseruation of his Spirituall authority nullâ dicetur vti Iurisdictione temporali sed merè spirituali cùm totum hoc ad animarum salutem coelesteque regnum referatur he shall not therein be said to vse temporall Iurisdiction but merely Spirituall sith this whole action hath respect to the saluation of soules and to the kingdome of heauen yet because the most that write after this sort doe qualifie their speeches therein with a quasi or dici potest or magis or aliquo modo it is apparant that their meaning is not that such a temporall authority vsed to a spirituall end is in very deede and in trueth a meere spirituall authoritie 75 Besides he this Examinat further addeth that to his vnderstanding the deposing of Kings and the exciting of their subiects to beare armes against him will hardly be raunged amongst spirituall actions In summe therefore this Examinate saith that in his iudgement the Popes spirituall authoritie ought not to be extended beyond the power of the keyes of the kingdome of heauen and of the censures of the Church properly so called and that the Pope hath no authoritie at all in temporalibus either directly or indirectly to depose Kings c. by what name or title soeuer the said power when he putteth it in practise in ordine ad spiritualia in order to things spirituall as he the said Pope supposeth may bee termed whether spirituall or temporall or whether the end hee aimeth at by such his proceedings with any King or Prince be spiritual or supernaturall that is bee pretended to bee vndertaken for the good of the Church and promoting of Christianitie the same in this Examinats iudgement as hee saith being neither Apostolicall nor agreeable to the practise of the most worthy Bishops of Rome in the Primitiue Church and for a long time after nor auaileable in truth to the Catholicke Church but rather hurtfull and great hinderances thereunto 76 And here this Examinate further saieth that the premisses considered viz vpon what vncertainties the maintenance of the Popes authoritie not to excommunicate but to depose Princes doth consist hee confesseth that hee cannot chuse but acknowledge that he much wondreth and in that cogitation is also exceedingly grieued that euer Gregorie the seuenth or any Pope since did in their Excommunications of certaine Emperours Kings and Princes take vpon them in the same to denounce them deposed from their kingdomes to release their Subiects of the othes of their Allegeance and to authorize them no longer to obey their Soueraignes vnder paine of Excommunication as also that many men aswell Emperours Kings Princes and their
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
come together determine any matter or make any Lawes without the Kings Royall assent nor continue any longer together after the King doeth dismisse them it is apparant that they haue no authoritie either to iudge the king a tyrant or to remooue him and that much lesse any priuate persons his naturall borne subiects haue authority to rise vp against him whatsoeuer may bee pretended vnder any colour cause or glosse whatsoeuer That amongst the three orders which deposed the Pag. 213. late Queene of Scotland there were scarse any but three thecues three traitours to their countrey and three murtherers with their abettors resembling the three-formed monster with the lions head breathing out fire the belly of a goate and the taile of a dragon 104 Whereunto this Examinate addethout of the said M. Blackwood that which hee himselfe hath set downe before in effect in the beginning of his Examination and may wel serue for a Theologicall conclusion of this point Quotquot instituto Christi vixerunt c. As many as since Christs Pag. 241. time haue liued according to his institution did neuer decline the gouernement of Tyrants and much lesse did resist them by force they followed therein their Prince Christ himselfe who although hee could haue withstood the iniuries of the people of the high Priest and of Pilate the lieutenant with many legions of Angels yet hee yeelded himselfe to death that hee might thereby confirme that which he had taught in his life time viz that an iniurie is to be borne gently and mildely and not by force to be repelled And againe Pag. 242. Paulus simulatque c. As soone as Paul became a Christian souldier his seditious and bloody spirit being changed into the desire of peace and quietnes he honoured Agrippa Foelix and Lysias the Roman Proconsuls in respect of their offices vt doctrinam suam exemplo vitae sanciret that he might ratifie his doctrine by his example of life To this purpose this Examinate saith he could alledge much more in his desire to shew the freedome of his iudgement from such mens imaginations as are named in this obiection but the remembring onely of Catharinus vpon the 13. to the Romanes together with the premisses may as he hopeth giue sufficient contentment 105 Whereas this Examinate speaking of the Popes authority in temporalibus indirectly Sect. 63. did adde these other equiualent phrases to the word indirectly viz per accidens and by a certaine consequence but refused to insert there the word casualiter and vpon some other occasions did let fall from him that the Pope had no inherent authoritie in temporalibus either directly or indirectly in ordine adspiritualia or per accidens or by any consequence but that which he had he had it casually forasmuch as this word casually may so bee vnderstood as that it may quite dash and ouerthrowe all that formerly hath been said by this Examinate for the clearing of his Allegeance to his Maiestie he was straightly vrged to open this mystery sincerely and truely Theeues haue no ordinary power to spoile houses that are well guarded or rob men by the highway side who are strongly accompanied but they haue oftentimes casually power to doe both as when they finde either houses weakely prouided for or men in their iourneys not sufficiently furnished And it was told this Examinate that hee might haue the like causion in behalfe of the Pope that then hee hath authority to depose kings and deale with them as in the Oath of Allegeance is prouided for to be preuented when hee may haue power so to doe casually that is when he may either by his owne forces or by the forces of any other or by any practises of his agents secretly or by any hap or casualty when kings least suspect it or are altogether vnprouided to resist it that then he may work or procure their vtter ruine and destruction Which were to make the Pope the scholer of Machiauel taking vpon him at some times to play the lion and at other times to become a foxe alwayes practising mischieuously against those Kings that offend him as casually he might be able to effect his designements by praying vpon them or deuouring them 106 Whereunto this Examinate answering saith God forbid God forbid that euer he should haue such an imagination against his Maiestie or that euer he should haue intended by the word casualiter to haue sought for such an euasion as aboue is pretended and besides hopeth that the Pope will neuer giue occasion for any of his Maiesties subiects to resemble him either to a lion or to a foxe which this Examinate saith vpon the occasion giuen hee could not omit to obserue But being heere pressed to come to the point as touching this word casualiter after some long debatement of sundry particulars thereunto appertaining which will appeare by his answers he saith as followeth 107 That hee must indeed confesse the word casualiter to bee diuersly vsed by sundry writers and that some doe take it in that sense which might iustly beget the former obiection and collections They which hold that the Pope is the Lord of all temporalties throughout the world directly doe affirme that such his authoritie and iurisdiction is as really and actually inhering in his person being Christs Vicar as is his supremacie in causes Ecclesiasticall but yet the practise of it they hold is but casuall out of S. Peters patrimony And on the other side as they which maintaine that the Pope hath no authoritie in temporalibus directly but indirectly in ordine adspiritualia amongst other phrases which they haue to expresse their minds besides indirectly per accidens and by a certaine consequence they likewise say that he hath it incidently secundùm quid secundariò per consecutionem and accessoriè so when they speake of the practise of that authoritie out of the bounds of S. Peters patrimony they doe also vse the word casualiter For the better manifestation of which particulars this Examinate saith he doth acknowledge that Celsus Mancinus agreeing with the rest who pleade for the Popes inherent authoritie doth write thereof in this sort 108 The Popes Iurisdiction saith Mancinus may be taken either for that which hee hath potestate aut Cels Mancinus de iuribus principatuum pag. 94. actu potentially or actually and actually in two sorts either ordinarily or casually If the authoritie and Iurisdiction of the Pope be taken for that which hee hath potestate potentially it extendeth it selfe ouer all the world but if his actuall Iurisdiction be taken not ordinarily but casually forasmuch as it onely hath vse in the Christian world it is said to bee as great as the whole Christian world and ordinarily as great as is S. Peters Patrimonie Againe speaking of this Idem ibidem pag. 89. great and regall authoritie so inherent in the Pope hee saith it did lie hid in the first Bishops of Rome in the Primitiue Church vntill
the vineyard of the Lord had taken deepe roote and that the spouse of Christ which at the first had no papps became to bee of mature age and that all that while for the space of 350. yeeres the said power did lie in Martyrdome and blood vntill afterwards the foundations were laid and the walles were built vp and that then the same began to shew it selfe in blessed Syluester and his Successors But withall he addeth that the vse and exercise of the Popes said actuall and casuall authoritie and iurisdiction is not great in the Pope That if we consider the Idem ibidem pag. 89. Popes care of spirituall things he is so occupied in them being heauenly matters as hee can scarcely intende to those things that bee terrestriall That in Kings and Emperours the vse of temporall power is more frequent because the matters that they deale in are not heauenly but terrene Mary saith hee their swords notwithstanding Idem ibidem pag. 98. and all their temporall power are at the Popes commaundement in that hee is the Lord of the whole Christian world to whose iurisdiction all other iurisdictions are subiect and referred as to the first fountaine from whence they flow And in another place likewise he saith that the preseruation both of particular and vniuersall iustice belonging to the Popes Idem ibidem pag. 105. 106. office for asmuch as he cannot be attentiue to such terrene affaires lest applying himselfe to these small matters hee might leaue celestiall things vndone hee dealeth in such sort with Emperours Kings and Princes for his owne assistance as Iethro taught Moses who following Iethroes counsell did appoint Iudges to deale in temporall causes that hee might more freely apply himselfe to those that were spirituall he the said Pope hauing notwithstanding in himselfe power and authoritie to correct the errours of such Emperours Idem ibidem pag. 98. Kings and Princes and to iudge of their excesses as there should bee cause For saieth Mancinus further though Princes are free within their proper territories Idem ibidem pag. 120. and may freely vse their power and authoritie yet they haue their boundes and limits which they must not passe and there is a meane in the vse of it which they are bound to obserue but if they exceede their measure and passe their line then it is the part of Christs vicar in whom is the top of both authorities to take knowledge of their proceedings and to remedie them and that in matters of greater difficultie and weight Appeales doe therefore lie from all Kings to the Pope as when mens rights are ouerthrowen they are to flie to the supreme Iudge whose office is to iudge such causes 109 So as this Examinate saith hauing thus deliuered truely the effect and substance of Mancinus iudgement touching this point set downe by him the said Mancinus at large and with great varietie according to their opinions who concurre with him concerning the Popes inherent authority and iurisdiction ouer all the world directly in causes temporall it doth appeare what his and their conceit is of the casuall practise of that great authority And he confesseth it to be this in effect viz that Emperours and Kings holding their authority as from the Pope they are to him as Moses his Iudges and rulers were vnto him and that therefore when it happeneth or falleth out casualiter that the Pope holdeth it fit to depose any King from his Crowne and kingdome to absolue his subiects from their Allegeance to authorize them to beare armes against their King so deposed to command them vnder paine of Excommunication so to doe in that being deposed he is no more their King or otherwise when hee holdeth it conuenient to correct and punish any other Kings for dealing vniustly with their subiects vpon complaint made vnto him as vnto the chiefe Iudge if they persist in so doing he may so deale and proceede with them euen as Moses might haue done vpon any complaint brought vnto him in some such like cases against any of his Iudges and rulers deputed vnder him And furthermore that if a King so deposed by the Pope will needs keepe his Kingdome still if his subiects notwithstanding the Popes commandement to the contrary will not be induced to beare armes against him nor to withdraw their obedience from him but will still honour obey and serue him or if other Kings will so far contemne the Popes authority when vpon Appeales made vnto him they doe persist in oppressing their subiects so as the Pope is driuen vpon their contempts to take the like course with them then in those and the like cases saith Mancinus and others the Pope being the highest Mancinus ibidem pag. 232. Bishop and Christs vicar and glistering with regall dignitie may without all doubt if hee will moue armes proclaime warre and excite men himselfe to battaile and it is also generally by these men held that the Emperour and all other Christian Kings and Princes are at the Popes commandement and beck to draw their swords and to vse all their forces for the putting in execution of his said Sentences to the suppressing of the said obstinate Kings and the transferring of their kingdomes vnto some others 110 Here this Examinate being asked what difference there was betwixt these mens opinions who hold that the Pope may thus proceede with Kings and princes by vertue of his authoritie in all temporall causes directly but casualiter that is in such cases as are aboue expressed when casually they happen and the other side who although they deny that the Pope hath any such authoritie directly yet they affirme as it hath beene oft aboue mentioned that he hath power to depose kings and to transferre kingdomes in ordine ad spiritualia indirectly per accidens by a certaine consequence incidently secundùm quid secundariò per consecutionem accessorily and casualiter that is when such occasions are offered hee this Examinate answoreth that he must needes confesse there is no difference at all betwixt them in respect of their iudgement touching the lawfulnesse of the Popes authoritie to proceede casualiter as is aforesaid with such obstinate princes but onely this that the one part supposeth this authoritie to be inherent in the Pope as hee is Christs vicar which the other denyeth but saith notwithstanding that he hath it though not inherent in him yet indirectly by a consequence because all kings and princes when they are baptized doe promise and vndertake inclusiuè that they will for euer maintaine the Church be obedient to the Pope and at his commandement for the suppressing of all such persons whosoeuer as shall oppose themselues against the Catholicke faith Insomuch that Cardinall Bellarmine Bell. de Rom. Pon. lib. 5. cap. 6. euen in the same Chap. where hee remembreth the Popes dealing in temporall causes incidenter cà sualiter incidently and casually although he acknowledgeth that the Pope as hee is Pope
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
whatsoeuer either to the hurt or dishonour of his Maiesties person or the empeachment of his kingdome and Royall authoritie These conceires likewise I doe assure you from my soule are in themselues very detestable repugnant to the Scriptures and ought by all true and sound Catholickes to be for euer abandoned Bee not dismayed therefore I befeech you with any letters or Briefes which doe after a sort insinuate that the taking of the Oath of Allegeance is either repugnāt to any point of Faith as yet concluded vpon by the Church or vnto the Popes Supremacie being bounded as it ought within the limits and reach of the keyes of the kingdome of heauen Those keyes doe no way extend themselues iure diuino vnto kingdomes terrene to open or shut or to tosse or turmoile any of them they haue no wardes in them either so to turne or ouerturne them nor to open vnto you any lawfull entrances into such disobedient and vndutifull courses That the Pope is the head of the Catholicke Church therein I am resolute as also that Emperours Kings and all other Princes that professe Christianitie are subiect in some cases vnto his spirituall censures properly so termed as interdiction and Excommunication but to eradicate them or to depose them by any authoritie he can challenge iure diuino in temporalibus either directly or indirectly in ordine ad spiritualia that is vtterly against my iudgement and yet I hope I continue still as good a Catholicke as any that holdeth the contrarie notwithstanding that Cardinall Bellarmine seemeth to affirme in his Letter to me that no man can concurre with me in opinion herein and so yeeld to take the Oath of Allegeance which only excludeth the Popes authoritie in temporalibus as well that which is ascribed vnto him directly as indirectly but that hee must needes perfidiously denie the primacie of the See Apostolicke At which his words were they not grounded I thinke vpon some misinformation I should greatly meruaile considering that thereby hee doeth insinuate the Popes supremacie which ought to bee maintained without any hesitation to depend a great part of it vpon a wonderfull vncertaintie For no man knoweth better then himselfe that it hath not beene hitherto determined by the Church or iudicially by his Holinesse tanquam ex Cathedrâ whether the Pope hath any authoritie at all in temporalibus further then in those things that doe appertaine to S. Peters patrimonie and other temporalties giuen to the See of Rome And besides if it shall fall out hereafter that the Pope shall be found to haue any such authoritie it must haue beene giuen him by Christ either indirectly as hee the said Cardinall with many others his partakers doe resolutely affirme or directly as the opposite part against him doe take vpon them with as great confidence to mainteine each of them peremptorily denying the others assertion and because likewise vntill the point be ouerruled against one of the said parts which will not be done in haste for many respects it cannot possibly be determined whether the Pope hath any such authoritie as either of them holde or not it had beene fit in my iudgement for Cardinall Bellarmine not to haue entangled the Popes supremacie which is cleare and manifest with these vncertaineties and perplexities for to haue blamed me either for auoiding them my selfe or admonishing of others to take heed lest they might be entrapped or snared with them But his Amplitude writ vnto me and censured mee as it pleased him which I could the more easily haue borne as my duetie required had he not therby published to as many as shall see his Letter the Copie whereof is as I am informed spread farre and neere that by taking of the said oath of Allegeance one of the chiefe heads of our faith and foundations of Catholicke religion in discrimen adducitur is brought into question and endangered there beeing indeede no such head or foundation hitherto agreed vpon or concluded So as there is no cause for ought I know or can iudge why I should not still perseuere in the approbation of the lawfulnesse of the said othe and continue my former admonitions vnto you for the submitting of your selues vnto it when it shal be exacted of you lest otherwise you wilfully cast your selues into those miseries which are likely to fall vpon you not as so many arguments of happines and that blessednesse which is promised to those that suffer for the truths sake but of those iudgements which are inflicted vpon men by Kings and superiour gouernours for their euill behauiour and disobedience Deceiue not therefore your selues brethren such sufferings are not the way to Martyrdome nor approued of God neuer might treacherie or rebellion or the bearing of armes by subiects against their Soueraignes or their secret designements against them or the execution of the same to the endangering or hurt of their royall persons be graced or honored with that most glorious title by whomsoeuer they were either authorized vndertaken or practised Take heede I do most humbly beseech you of this kind of leauen be your lumpe of dough otherwise neuer so pure sweet and sincere this mixture will make it sowre and corrupt it Stand fast in the Catholicke faith and in the true profession thereof as hitherto you haue done Bee not led away with various and strange doctrines of deposing of Kings of absoluing their subiects from their Allegeance of authorizing them to rebell to beare armes against them to plot and lay snares secretly how to entrap them or to offer hurt or violence to their persons These things I thanke God my heart doeth abhorre and my spirit within me doeth loath and detest them The voice that bade Peter Kill and eate neuer meant that hee should deale so with Princes cast them out of their seates and bestow their kingdomes vpon others or procure them to be killed that Christians and Catholicke religion might flourish and bee comforted Meats and drinks may establish our strength but such proceedings with kings ought to be no foode for our soules Iames and Iohn because they would haue had the Samaritanes to haue beene destroyed with fire from heauen for that they would not receiue their master Christ were sharpely rebuked and told by him that they knew not of what spirit they were S. Peter drewe his sword and smote off Malchus eare in as iust a cause to the eyes of humane wisedome as was possible but Christ disliked that his fact and gaue it for a generall rule or caueat in my iudgement to all Catholicke priests and people saying that all that strike with the sword shall perish with the sword These and such like things my deare brethren are written out of question to our correption and Catholicke information Beware therefore of them in whose mouthes and actions sanguis nihil est bloud is nothing Ecclus. 8. 19. tread not in the steps of ruine stumble not against rockes commit not your selues to such laborious
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
me wrought with threedes of an vnsuting colour may be cut asunder and vanish into smoke I am aged and in durance for the Catholike faith and doe not knowe that I haue hither to trode in any other paths then in those wherein are imprinted the plainest foot-steps of the most learned Catholickes Bury therefore in silence I beseech you all those loude clamors sounding euery where against me that am innocent and an earnest vpholder of the chaire Apostolicke Witnesse thereof my present imprisonment witnes my often preachings witnes the perils I haue vndergone for the dignity of the See Apostolicke in my sore-passed course of 32. yeres witnes the administration of my Arch-priesthood enuironed with the daily hazards of my life But whither doe I goe doubtlesse I may seeme somewhat too lauish in ripping vp these matters before your Amplitude who as I trust will now reduce your seuerer censure of me and of my fact to a better temper of equitie and commiseration But I will conclude and for the close will vse that saying of Leo The priuiledge of Peter standeth firme where sentence is giuen according vnto his equitie Neither is there too much seuerity or remissenes where nothing is bound or loosed but what S. Peter hath either loosed or bound Our Lord Iesus preserue your Amplitude to the greater enlargement of the Catholicke faith and to our comfort From London out of prison 13. Nouemb. 1607. Your Amplitudes most humble seruant George Blakwell THE EXAMINATION OF M r. George Blakwell Taken at seuerall times according to his Maiesties direction vpon occasion of his answere to Card. BELLARMINE Hee saith 1 THat because he perceiueth that diuers exceptions are taken against his late letter written to Cardinall Bellarmine he is willing to set downe his iudgment more fully concerning the duetie which all Subiects doe owe to their Soueraigne Lords vnder whom they were borne and consequently all Catholickes Englishmen vnto his Maiestie KING IAMES 2 First hee saith vpon certaine demaunds propounded vnto him That he acknowledgeth all the precepts in the New Testament as touching obedience to Emperours Kings and Ciuil Magistrates to be perpetuall and may not be changed or qualified by any authoritie whatsoeuer either Ecclesiasticall or Ciuil and that what Subiect soeuer aswell Ecclesiasticall as Lay doeth violate any of them vpon any occasion oâ— at any time or by vertue of any dispensation or oâ— any intent to profit thereby the Catholike cause and aduance Religion or for any other cause whatsoeuer he doeth therein sinne mortally 〈◊〉 euer being vnlawfull to do euil that good might come of it 3 That hee vtterly condemneth all those who shall presume to affirme that either Christ or his Apostles did temporize in the said precepts as meaning that Subiects were no longer bound to obey the Emperour Kings and souereign Princes being wicked Apostatas or heretiques then vntill they were able by force of Armes to suppresse them that impious conceit in those dayes being farre in his iudgement from the godly Bishops and Christians then liuing 4 That whereas in the Apostles times and so afterwards for the space of about 300. yeeres the Emperors were not only Pagans themselue except it were one of them and refused to embrace the Gospel but likewise endeauoured by all the meanes they could of crueltie and moâ—â— bloodie persecution to suppresse the propagation of it forasmuch as the godly Bishops Fathers and Christians in those dayes hauing learned their duties of obedience from Christ and his Apostles neither taught nor put in practise any course of disobedience nor bare armes against them though as Tertullian saith they had sufficient Tertull in Apolog cap. 37. force so to haue done he this Examinate doeth greatly approoue such their dutifull obedience affirming that in his iudgement they had sinned mortally if they had done otherwise 5 That euen in the case of Iulian who hauing first embraced the Gospel became afterwards an Apostata the godly Bishops Fathers and Christians in those times although some writ bitterly against him yet they did not excite his Subiects to beare armes against him nor did themselues enter into any rebellion either of which courses if they had attempted this Examinate thinketh as before that they had greatly offended God and broken the precepts of Christ and his Apostles adding that therein he ioyned with S. Augustine where he speaketh of the duty Augustine in Psal 124. which Christians performed to Iulian though he were an Apostata Iulianus extitit infidelis Imperator Nonne extitit Apostata iniquus Idololatra Milites Christiani seruiebant Imperatori infideli Vbi veniebatur ad causam Christi non agnoscebant nisi illum qui in coelo erat Quando volebat vt Idola colerent vt thurificarent praeponebant illi Deum quando autem dicebat Producite aciem ite contra illam gentem statim obtemperabant Distinguebant Dominum aetertum à domino temporali tamen subditi erant propter Dominum aeternum etiam domino temporali That is Iulian was an vnbeleeuing Emperour Was hee not an Apostata an oppressour and an Idolater Christian Souldiers serued an vnbeleeuing Emperour when it came to the cause of CHRIST they did acknowledge none but him that was in Heauen When he would haue them to worship Images and to sacrifice they preferred God before him but when he said Bring forth an Army goe against such a Nation they foorthwith obeyed They distinguished the eternall Lord from the temporall and yet were subiect vnto the temporall lord for the Eternall 6 This Examinate hauing thus declared his iudgement in the premises it was demanded of him whether he had seene the Popes last Breue dated at Rome 10. Calend. Septemb. 1607. beginning Renunciatum est c. and what vpon the sight therof his iudgement now was as touching the lawfulnesse of the oath of Allegeance before by him taken Whereupon he sayeth that hee hath onely seene a Copie of the said last Breue that he hath very carefully perused and weighed euery sentence and clause in it and that neuerthelesse he remaineth stedfastly in his former opinion and iudgement viz. That it is lawful for all Catholickes in England to take the said oath of Allegeance published the last Session but one of this present Parliament and that he constantly is fetled as touching euery part and member of the said oath formerly by him taken that they are true and that this he doth acknowledge without any equiuocation or mentall euasion or secret reseruation whatsoeuer to all intents and purposes as if he should here againe haue repeated the said oath at large 7 This Examinate being here required forasmuch as in his iustification of the said oath and of his taking of it since his sight of the last Breue he doth relie vpon his former opinion and iudgement which notwithstanding in the Letter written to Cardinall Bellarmine he doeth strangely qualifie contrary to the expectation had of him heere for his plaine dealing and
be conteined within the bounds of any order for the aduancing of spirituall matters but doeth rather breake forth to the suppressing of all which hath beene hitherto well setled in things spirituall 12. Now vpon these said grounds and some others needlesse then to haue bene sent to Rome he this Examinate saith that he doubteth not but that all Catholickes in England might and may still take the said oath of Allegeance there being no one clause in it which by the doctrine and exceptions here aboue mentioned may not well and truely be iustified Besides this Examinate saith hee did then chiefly stand vpon the grounds mentioned because they were most perspicuous and apparant euen to the simplest sort of Catholicks and were likely to find some good acceptation at Rome the same being in euery branch of them agreeable to the doctrine in this behalfe there allowed and maintained 13 Of the insufficiencie of this answere it was told him he should afterwards heare more In the meane time it being demanded of this Examinate why he himselfe at the time that he tooke the said oath did seeme to relie vpon his Maiesties speeches deliuered in Parliament 19. of May 1603 whereas he had before taught the Romish Catholicks and sent his reasons to Rome to that end to prooue it to be lawfull for them to take that oath without any such reference to his Maiesties speaches he answering saith 1. that before hee euer resolued any Catholicke of the lawfulnesse of that oath he had heard of his Maiesties sayd speaches though he did not alledge and specifie them to any before he came himselfe to take that oath 2. that at his owne taking of the oath he did in part relye vpon them and so professed because he supposed that thereby he should stay some mens ouer hastie and precipitate conceits of his taking that oath and suspend their opinions of his meaning therein foreseeing what great opposition was like to be made against him as he touched in his sixth Examination already in print for yeelding thereunto especially after the diuulging of the Popes first Breue and some other letters aduising all Catholicks to the contrary 3. that being in prison he thought it his best course if he could both to satisfie the State and to content the Catholicks which made him to take hold of any fit occasion that might auaile him to that end doing nothing therein against the trueth though he concealed by that meanes some part of it which now hee perceiueth will bee drawen from him to some mens dislike he feareth but as he hopeth to Gods glory the discharge of his conscience and the good of all graue and moderate Catholicks 14. Here vpon occasion because this Examinate found that it was ascribed vnto him as a fault in that he being a prisoner should write to a man of Cardinall Bellarmines ranke without notice first giuen thereof to the State he was very earnest before any more questions were demanded of him that he might haue license to deliuer his mind in that behalfe Which being yeelded vnto he sayth that being charged by the Cardinall to haue in a sort denied the Popes Supremacy in that he tooke the oath of Allegeance and hauing certaine places vrged against him to that purpose out of Leo and Saint Gregorie forasmuch as he this Examinate perceiueth thereby that the said Cardinall did not distinguish betwixt the oath of the Kings Supremacy so termed made 1. Eliz. and the oath of Allegeanee set out 3. of his Maiestie the first being ordeined for the abolishing altogether of the authoritie in causes Ecclesiasticall out of this Realme and the second without any relation at all to the former onely seeking to preuent certaine inferences therein mentioned which were supposed might ensue by vertue of an Excommunication and did tend to the great hazard and endangering of his Maiesties person as it is supposed and to the misleading and ouerthrow of many of his Subiects hee this Examinate thought himselfe bound in conscience to write an answere to the said Cardinall as well for the clearing of himselfe in that point he being readie if he had twentie liues to yeeld them all in defence of the Popes supremacie in causes Ecclesiasticall as also for the satisfaction of so great a person for whose hard opinion of him he would be right sorie And therefore touching his fact herein if it be thought amisse of he humbly craueth pardon 15. Now as concerning the insufficiencie of this Examinates answere touching his reasons sent to Rome for the lawfulnesse of taking the oath of Allegeance consisting of the Popes humane intelligence subiect to errour Syluesters resolutions how no such course as is pretended in the oath of Allegeance could bee vndertaken against his Maiestie by the Pope the present state of England considered because the same should tend not to edification but to destruction it was told this Examinate that all these points so well by him enlarged did come farre short of the meaning of the said oath because it is very vncertaine what the Romish Catholickes in England would doe if the Pope should de facto proceede with his Maiestie as some of his predecessours did with the late Queene of worthy memorie which vncertaintie the State may not endure For although the wiser and more prouident sort of Romish Catholickes might in that case for a time draw backe yet what the seduced multitude were like enough to doe if they were able that is to be foreseene and prouided for Besides it may well be doubted what the said tempotizers would doe if a fit opportunitie ferued them Moreouer of what force this conceite was to restraine the late most horrible Traitours Catesby Garnet and the rest from their most barbarous and sauage designements it is apparant It is the trueth without colour that must either direct mens consciences or else it is but daubing with vntempered morter nothing but mischiefe is to bee expected from them Howbeit suppose the best of this deuise and euasion If the Pope well assisted did account and determine any extremitie to be vndertaken against his Maiestie to be in ordine ad spiritualia it is more then probable that his word and iudgement would bee rather accepted of by the greater number then that priuate mens exceptions and limitations would at such a time be able to preuaile or be of any moment For the preuenting of all which kind of mischiefes it is most apparant that amongst other respects for the preseruation of his Maiestie and the State the said oath vpon the said most barbarous occasion that euer was giuen to any King either heathen or Christian was ordeined 16 And therefore this Examinat being here required that for the better contentment of the State in whose hands hee is and for the trueth sake wherewith God is honoured he should open his minde simply and plainely why in writing to the Cardinall he telleth him that he tooke the oath in this sense Summum Pontificem
necessary for preseruation of the Realme from vniust vsurpation of Tyrants and auoyding other inconueniences which they had proued and might easily fall againe by the disorder of some wicked king Vnto this report as it seemeth and to some other idle conceits a Polonian of late hauing relation and making mention of the purpose aforesaid of king Henry the second and of king Iohn he writeth this Examinate saith in this sort speaking of the Parliament and of the oath of Allegeance Illud impiè legislatores per iusiurandum extorquent à Stanisla Cristanouie Examen Cathol fol. 34. Catholicis vt negent posse à Pontifice Regem deponi de ipsius Regnis ditionibus disponi Si enim honorariè piè tributarium regnum Pontifici quare disponere quare refractarium inobedientem Principem deponere nequit That is The law-makers doe impiously by an oath extort this from the Catholicks to denie that the King may be deposed by the Pope and his kingdomes and countries by him disposed of For if by an honourable and pious graunt the kingdome haue become tributarie to the Pope why may he not dispose of it why may he not depose the Prince being refractarie and disobedient 19 Concerning the which aforesaid assertions touching both the said kings this Examinate affirmeth they are vntrue Henry the second neuer made any such accord with Alexander the 3. as is aboue mentioned for ought this Examinate could euer reade in any Chronicle of credite He sware to Pope Alexander that he for his owne part would not depart from him or his successors Ro. Houeden Annal fol. 303 quamdiu ipsum sicut Regem Catholicum habuerint so long as they should entreate him as a Catholicke king And touching king Iohn inasmuch as his fact that way is of some more probabilitie but of as little trueth and that from the said reportes of them both Stanislaus Cristanouic doth inferre that the Pope may depose his Maiestie being but a tributarie King vnto him he this Examinate by taking his oath that the Pope had no Imperiall or Ciuill power ouer the king to depose him did thereby discharge his conscience for the iustifying of a trueth against the said false reports that of king Iohn being as vntrue as the former Which this Examinate saith he doth the more boldly affirme because he hath one of no small account in that he died for the Popes supremacie to take his part therein besides some other rules of regalitie in that behalfe Thus Sir Thomas More writeth against the author of the Beggers Supplication in king Henry the 8. time If he the authour of that supplication Sir Tho. More supplic of soules pag. 296. say as indeede some writers say that king Iohn made England and Ireland tributarie to the Pope and the See Apostolike by the grant of a thousand markes wee dare surely say againe that it is vntrue and that all Rome neither can shew such a grant nor neuer could and if they could it were nothing worth For neuer could any king of England giue away the Realme to the Pope or make the land tributarie though he would And this to bee agreeable to this Examinates owne iudgement hee doeth acknowledge as he saith with all his heart hoping that the same shal no way preiudice his constant resolution as touching the Popes supremacie nor offend any that loueth the Crowne and State of England 20 And as concerning his relying vpon his Maiesties words in the sense approoued by the Magistrate when he this Examinate tooke the oath of Allegeance and insinuating to Cardinall Bellarmine that the summe of it was accordingly Summum Pontificem non habere Imperialem ciuilem potestatem ad libitum ex suo appetitu deponendi Regem nostrum that the Pope hath not an Imperiall and ciuill power to depose our King when he pleaseth and at his owne appetite he hopeth likewise to giue therein some reasonable contentment For which purpose he saith it is to be obserued that there is an opinion long since broached by the Canonists which hath begun of later times to be more stiffely and with greater heate prosecuted and maintained then heretofore concerning the Popes authoritie in causes temporall the authors whereof doe with great confidence affirme that the Pope is as directly Lord of the whole world in temporalibus in temporalties as hee is the head of the vniuersall Church in spiritualibus in matters spirituall and that hee hath directly as souereigne an authoritie in respect of such his worldly dominion ouer all Emperours Kings and Princes to dispose of them and their kingdomes when occasion shall require as hee hath in regard of his spirituall supremacie ouer all Bishops and Cleargie men to aduance and depriue them when hee thinketh it conuenient and that they deserue it The chiefe patrons of this opinion are noted by Cardinall Bellarmine to be these Augustinus Triumphus Aluarus 〈…〉 Pelagius Hostiensis Panormitane and Syluester to whom this Examinate doeth adde Henricus Gandauensis Redericus Sancius Alexander Alensis Celsus Mancinus Tho. Bozius Franciscus Bozius Isidorus Mosconius Card Baronius Laelius Zecchus and Alexander Carerius who nameth diuers others as principall defenders of that opinion and 〈…〉 is himselfe so violent therein as hee doeth in effect anathematize all that do oppose themselues against it not sparing Cardinall Bellarmine himselfe against whom forasmuch as his drift is principally throughout his whole booke hee was much to blame this Examinate thinketh to entitle it to be written aduersus impios politicos nostritemporis haereticos against the wicked politickes hereticks of our time With this Carerius 〈…〉 such as are on that side doe resolutely concurre insomuch as they doubt not this Examinat consesseth to renew againe the long disliked and impugned assertions of the old Canonists and to publish them now vnto the world more eagerly then heretofore as aboue he hath touched for sound and Catholicke doctrine they saying 21 That Dauid did foretell that the Priesthood of 〈…〉 Anno 57. pag. 432. Christ should be according to the order of Melchisedech That when Christ being a King and a Priest receiued all iudgement of the Father that is most full iudiciall power hee ioyning the same with his priesthood did institute in the Church a Regall priesthood Bar. Ibidem pag. 433. translating in suos that is to S. Peter and his successours all the power hee had of his father That Franc Bezius de temporall Ecclesiae Monarchia in praesat ad Clemen S. except there should bee one supreme Monarch in the Church in all things the vnitie of the Church could not be preserued for seeing the Church by diuine institution doth consist of a Kingdome and a Priesthood is it were otherwise there should bee in the same absolutely one Monarch of the Kingdome and another of the Priesthood That if for the auoiding of the dissensions about sacred causes one supreme head is appointed
held by the law of God cum recta fide with a right faith 35 But here it being obiected that although the said oath was framed to meete with the opinion before by him mentioned yet that this his restraining of it thereunto doeth not attaine to that which he knew was intended by it For in his said letter to the Cardinall he doth cite sundry authors which speake of another kinde of authoritie ascribed to the Pope and tending by a nice distinction to this effect that in ordine ad spiritualia in order to things spirituall and indirectly all kings and princes with their kingdomes and countries are subordinate and subiect vnto him insomuch as if he see cause and that kings and princes will not be aduised by him in matters of the Church apperteining to their saluation he may not onely Excommunicate them but proceeding by degrees depose them absolue their subiects from their oathes of Allegeance and rightfully commaund them if neede be to beare armes against them which is as lewd and traiterous an opinion as the former and doeth tend to the same end with it though vnder diuers pretences So as if hee tooke the oath but with relation onely to the first opinion leauing himselfe free as touching the second it was all one as if he had not taken it at all and therefore being pressed to cleare this point he answereth as hereafter followeth 36 First he doth acknowledge the obiection to be very pertinent and rightly collected out of his letter confessing this second opinion not to come behinde the first either for the earnestnesse of those that defend it or for their learning and sufficiencie being such indeede as doe in credite farre ouersway the estimation of their opposites Cardinall Bellarmine himselfe hath laboured much in it and these authors following doe ioyne with him in that point Henricus Iohannes Driedo Iohannes de Turre crematâ Albertus Pighius Thomas Waldensis Petrus de Palude Cardinall Caietane Franciscus Victoria Dominicus Soto Nicolaus Sanderus to which number this Examinate saith he could adde diuers others as Martinus Aspilcueta Couarruuias c. Of which opinion Cardinall Bellarmine saith that it is communis sententia Catholicorum Theologorum the common opinion of Catholicke Diuines albeit Alexander Carerius and Rodericke Sancius doe affirme as much for the other In this number this Examinate confesseth that he did range himselfe in his late letter to the said Cardinall as inclining rather to his side then to the other being notwithstanding bound to neither of them vpon any danger of declining from the Catholicke faith So as if now hee vse his libertie therein as touching his Maiestie hee hath as he supposeth Cardinall Bellarmine himselfe for his author therein 37 For where there is this clause in the oath of Allegeance I doe further sweare that I doe from my heart detest and abiure as impious and hereticall this damnable doctrine and position that Princes which be excommunicated or depriued by the Pope may be deposed or murthered by their Subiects or any other whatsoeuer Cardinall Bellarmine saith that it was neuer heard of ab intio nascentis Ecclesiae vsque ad haec nostra tempora vt vllus Pontifex Maximus Principem vllum quamuis haereticum quamuis Ethnicum quamuis persecutorem caedi mandauerit from the first birth of the Church vnto these our times that any Pope euer commaunded any prince though an heretick though an Ethnicke though a persecuter to be slaine And that therefore the feare which is pretended of the Kings life if the Bishop of Rome had the same authoritie in England which hee hath in other Christian kingdomes is vaine and that all pretences tending that way are but stratagemata Satanae the deceits of Sathan The which affirmations of the Cardinals being true the same for ought this Examinate seeth doe iustifie the said part of the oath by him taken euen the very same which of all other parts in it is most misliked by many Catholickes in England For it must needs be granted generally that were it not in respect of the Popes excommunication of Kings and princes his deposing of them from their Crownes and his absoluing of their subiects from their Allegeance it could neuer be lawfull for any of them to rise vp against their lawfull kings and Soueraignes vnder whom they were borne And it is all one in this Examinats iudgment for the Pope to command a king to be murthered as to doe and commaund that whereby the same is by others of duetie to be effected And then it followeth out of the Cardinals words that it can neuer be lawfull by the Popes authoritie either direct or indirect for any subiect vpon any pretence whatsoeuer or vnder the countenance of any authoritie to excommunicate and depose Kings or absolue their Subiects from their Allegeance to lay violent hands vpon his Souereigne which is in effect that part of the oath aboue mentioned whereunto this Examinate did sweare 38 Furthermore because it was againe tolde this Examinate that this his last answere to part of the said oath stood after a sort but vpon an inference of the Cardinals meaning and was no way sufficient to satisfie the aforesaid obiection hee this Examinate renued his former desire of proceeding by such degrees as hee himselfe thought most fit for the discharge of his duety both to God and his Maiestie and thereupon saith that he beleeueth in his conscience that the Pope is S. Peters successour and the head of the Catholick Church and that although materiall and worldly keyes may open and shut vpon fauour and friendship yet the keyes of the kingdome of heauen doe respect no mens persons be they poore or rich noble or ignoble high or low kings or subiects so as in his iudgement none may be exempted from the Popes Excommunication when there is iust cause vpon due consideration of all circumstances to inflict it adding thereunto that hee holdeth it to be the duety of all Christian kings and princes to submit themselues in causes of religion to the Bishop of Rome as vnto their chiefe Bishop and Pastor of their soules Which profession thus made this Examinate desired that one point in his former Examination published in print might here be receiued as part of his answere to the obiection aboue specified Sect. 16. 39 For there this Examinat as he truly saith M Blakwels Exam. pag. 18 19. Being vrged to explicate himselfe touching the sence he relied vpon out of his Maiesties words when he took the oth of Allegeance in that it was said hee might so vnderstand them as not withstanding his oath that dutie which was expected was no way satisfied because his Maiesties meaning was euident that hee did account it to proceed from appetite and rashnesse in any of the Bishops of Rome whosoeuer who presuming to Excommunicate any King should by the same either absolue his Subiects from their obedience or excite them to beare Armes against him or authorize
creatures as God the Father is but this kingdome is eternall and diuine and doeth not take away the Dominions of men nor agreeth to the Pope that Christ as man is the spirituall king of all men and hath a most ample spirituall power ouer all as well faithfull as Infidels that this spirituall kingdome of Christ after the day of Iudgment shall be sensible and manifest and that the glory of this kingdome was begun in Christ our head quando à mortuis resurrexit when hee arose from the dead that this Spirituall kingdome is not a temporall Kingdome such as kings enioy nor can be communicated to the Pope because this spirituall kingdome presupposeth the resurrection that Christ as man might if he would or had thought it expedient haue taken to himselfe a Regall authoritie but hee would not and therefore did neither receiue nor had either the execution or authoritie or power of any temporall Dominion or kingdome that all kingdomes are gotten either by succession or by election or by the sword or by gift but Christ had no temporall kingdome by any of these meanes that Christ did neuer execute any Regall authoritie in the world that Christ came to minister not to be ministred vnto to bee iudged not to iudge that hee should haue receiued such a Regall authoritie in vaine hauing neuer any vse of it it being a vaine power quae nunquam redigitur in actum which is neuer brought into act that Christ did not cast out of the Temple the buyers and sellers of Oxen and Sheepe by any Pontificall or Regall power sed more Prophetarum zelo quodam diuino but after the maner of the Prophets by a certaine diuine zeale that kingly authoritie was not necessarie for Christ nor profitable but plainely superfluous and vnprofitable that the ende of Christs comming into the world was the redemption of mankind to which end spirituall power was onely necessarie and not temporall that that power meerely temporall was vnprofitable for Christ is apparant because he was to perswade men to contempt of glory delicacies riches and of all temporall things wherewith kings of this world doe most abound that all the places almost of Scriptures which speake of the kingdome of Christ must needes be vnderstood of his spirituall and eternall kingdome but temporall kingdomes are not eternall that Christ was not a temporall king of the Iewes but a spirituall king of the Church that although the Pope is said to haue that office which Christ himselfe enioyed when he was among men yet those offices cannot be ascribed to the Pope which Christ had as God or as hee is now an immortall and glorious man but onely those and yet not all of them which he held as a mortall man that Christ because he was God and man habuit quandam potestatē quam dicunt excellentiae had a certaine power of excellencie as they call it whereby he gouerned both faithfull and Infidels whereas hee committed his sheepe onely that is the faithfull to the Pope that Christ as hee was man had power to institute Sacraments and worke miracles by his owne authoritie which power the Pope hath not that Christ could absolue men from their sinnes without Sacraments which the Pope cannot doe that Christ doeth communicate that power to the Pope which might bee communicated puro homini to a meere man which was necessarie for the gouernement of the faithfull so as without impediment they might obtaine the kingdome of heauen 56 That these places and authorities Data est Idem ibidem cap. 5. mihi omnis potestas in coelo in terrâ Matth. 8. All power is giuen vnto me in heauen and earth Christus beato Petro vitae aeternae clauigero terreni simul coelestis Imperij iura commisit Christ committed to S. Peter the key-carier of eternall life the Nicol. Pap. epist. ad Michael rights both of the terrene and celestiall Empire Ecce duo gladij Luc. 22. Beholde here are two swords doe no way preiudice the former doctrine that the Popes power to decide temporall suits and questions Can. caus 11. quaest 1. Quicunque litem was granted vnto him by Theodosius ex pietate non ex debito of deuotion not of duetie that Christ for the preseruation of humilitie ordeined that the Pope should haue need of the Emperours defence in temporalibus Idem ibidem cap. 10. and that the Emperour also should need the Popes direction in spiritualibus and that therefore he left the Empire to Tiberius and bestowed the Popedome vpon Peter 57 That as touching the temporall principalities Idem ibidem cap. 9. which they haue indeed the same were giuen to the Bishops of Rome and other Bishops by godly men such as Constantine Charles the great and Lewis his sonne were that although it were peraduenture absolutely better that the Bishops of Rome should onely intermeddle with spirituall matters and kings with temporall yet through the malice of time experience teacheth it to be both profitable and necessarie that as in the old Testament the high Priests were long sine Imperio temporali without a temporal gouernment and yet in those last times religion could not haue consisted and bene defended except the high Priests had bin likewise kings as in the time of the Maccabees euen so it hath come to passe with the Church that she who in the beginning did need no temporall principalitie doth now seeme to haue need thereof necessarily 58 All the premisses being in this maner alledged out of Bellarmine in effect word for word by this Examinate it was told him that except he could be content to open and enlarge himselfe further then after this sort forasmuch as Bellarmine notwithstanding all that this Examinate hath repeated out of him for the expressing of his owne iudgement doeth afterward clearely attribute such an indirect powre to the Pope ordine adspiritualia in order to things spirituall as doth giue him authority when he thinketh fit to deale with Emperours and Kings as if all the world were at his commandement directly or indirectly it forceth not for the eradicating of them deposing of them absoluing their subiects from their obedience and plotting against them by his firebrands and Assassins as times and places may serue his turne as it hath beene touched Sect. 35. and 45 hee this Examinate should leaue the matter worse then when hee began and shew most manifestly that when he tooke the oath of Alleageance hee did dally and dissemble aboue measure otherwise then became any dutiful subiect liuing in a case so neerely concerning his Maiesty and the State of the Kingdome 59 Vnto this point this Examinate for his answere saith that he maketh no doubt but that he hath sufficiently so opened his minde and enlarged himselfe as that there can bee no question of his sincericie toward his Maiestie in that hee hath twice Sect. 4. 47. shewed his iudgement touching the practise of the primitiue Church for the
first three hundred yeres after Christ likewise his vtter dislike of sundry assertions propounded vnto him Sect. 49 some whereof maintaine contrary to Tertullians relation how Christians stood then affected that in those dayes armes might lawfully haue beene borne against the Emperours if the professors of the Name of Christ had beene able and some as touching sundry other vnsound and vncatholike matters in them contained concerning the losse of Kingdomes c. vpon excommunications Sect. 39 and also his opinion of the time when the deposing of Kings and absoluing their subiects from their alleageance were first made adiuncts to excommunication for ought he hath read Sect. 52. But yet he is contented as he saith a little further to enlarge himselfe according to the motion propounded and to that end affirmeth that hee doeth concurre in iudgement with these authors following and so out of his pocket-notes set downe their words in this maner 60 Apostoli nihil vi gerebant tantùm vtebantur gladio spiritus neminem agebant in exilium nullius inuadebant facultates Haec omnie Erasmus non minùs disertè quà m verè That is The Apostles did nothing by force they onely vsed the sword of the spirit they draue no man into exile they entered vpon no mans possessions All this saith Erasmus no lesse elegantly then truely Costerus in fidei demonstrat pag. 96. Si aliqui Reges cum populo se tradiderunt Romanis Pontificibus vt traditur de Anglis nihil ad nos Non tamen opinor quòd Angli vllo modo permitterent Pontificem destituere suum Regem alium constituere nunquam enim aliquem Romanorum Pontificum hoc facere permiserunt That is If any Kings with their people haue subiected themselues to the Bishoppes of Rome as it is reported of the English but vntruely as this Examinate hath before shewed that toucheth not vs. And yet I doe not thinke that the English would by any meanes permit the Pope to depose their King and constitute another for they neuer suffered any of the Bishops of Rome so to doe Iohan. Maior in 4. Sentent distinct 24. quaest 3. De ratione potestatis laicae est poenam ciuilem posse infligere vt sunt mors exilium bonorum priuatio c. sed nullam talem poenam ex institutione diuiná infligere potest Ecclesiastica potestas imò nec incarcerare vt plaerisque doctoribus placet sed ad solam poenam spiritualem extenditur vtpotè excommunicationem Reliquae autem poenae quibus vtitur ex iure purè positiuo sunt That is It is of the nature of lay power to bee able to inflict ciuill punishments as are death exile losse of goods c. but the Ecclesiasticall power cannot by the diuine ordinance impose any such punishment nay not imprison as the most Doctors doe hold but is extended to spirituall punishment alone as Excommunication The other punishments which it vseth are meerely out of positiue Law Iacobus Almain de Dominio naturali ciuili in vltima editione Gersonis pag. 696. 61. Here this Examinat being tolde that although he hath to some good purpose repeated what he had formerly said and a litle more enlarged himselfe then before in that hee hath acknowledged that what the Pope can doe more then Excommunicate he hath it ex iure purè positiuo meerely by positiue Law yet considering that he made no scruple to shew his dislike of the opiniō touching the Popes pretended authoritie in temporalibus directly in the 20. Sect but seemed loath to deliuer his iudgement concerning the other opinion of the Popes authoritie in Temporalibus in ordine ad Spiritualia indirectly in order to things spiritual it was further vrged against him that if he be indeed of Bellarmines minde in the points by him cited out of his booke it seemeth to be impossible that he this Examinat being a graue and learned man should thinke that that which Bellarmine hath said vpon very weake and simple grounds God knoweth for proofe of the Popes indirect authority in ordine ad Spiritualia is of sufficient force and moment to ouerthrow all that hee hath written before in his second third fourth and fifth Chapters of his said booke one of them being countenanced for offending too much with the word directè his arguments being in effect simple and absolute because it is most apparant to euery man that will not wilfully hoodwinke himselfe that hee the said Bellarmine hath giuen the Pope such a blow and deadly wound by many his so sound and substantiall arguments against his pretended direct authority as all the courses how indirect soeuer that can be deuised by the finest wits will neuer bee able to salue and cure it And therefore this Examinate was required very strictly herein to expresse himselfe more clearely 62 Whereupon this Examinate saith that he must indeed needs confesse and acknowledge that he hath wished with all his heart that either Cardinall Bellarmine had not intermedled with that question of the Popes authoritie in temporalibus indirectly or els that hee had bene able if it haue any trueth in it to haue handled it more pithily and throughly that the weakenes of his arguments for that point compared with the positions set downe by this Examinat out of his said booke as is aforesaid hath beene an especiall cause as he thinketh why many of later times doe so earnestly labour to refell them as foreseeing that if the Popes authority in temporalibus to depose Kings c. should stand vpon this point viz. that he had it but indirectly the same would be subiect to great hazard considering the oppositions in these dayes to the Church of Rome and that therefore insomuch as the thing it selfe viz. whether the Pope hath any authoritie at all to eradicate and depose Emperours and Kings for any cause which is aimed at on both sides aswell by them who affirme that he hath such an authoritie directly as by those who say hee hath it not directly but indirectly is notwithstanding left as yet vndetermined by the Church hee this Examinate desireth that hee may not bee further vrged to interpose his opinion otherwise then he hath done already in matters of so great moment and difficultie 63 This onely as appertaining hereunto he saith that he is much grieued to see the Popes Supreme authority in causes Ecclesiasticall so much entangled with these pretences of another supreme authority in temporalibus to be held directly and immediatly of Christ or indirectly per accidens and by a certaine consequence as if otherwise Christ should not haue sufficiently prouided for the necessitie of the Church nor furnished the Pope with abilitie to discharge his duetie considering that without these deuises so much insisted vpon though with very great vncertaintie to the great in dangering of the Popes vniuersall charge ouer all Churches in Spiritualibus Saint Peter and his successors did sufficiently prouide for the necessitie of the Church when the
Emperors and ciuill Magistrates were vtter enemies vnto it and sought by all the meanes that possibly they could deuise to haue quite abolished and extinguished the name and memory of all Christianity 64 This Examinate being heere againe demaunded how hee can make it appeare that the point aboue by him specified is not as yet determined by the Church saith That hee is now from his bookes but taketh the same to bee so euident as he feared not in his letter to Cardinall Bellarmine to say that this proposition scil Papa habet potestatem deponendi Reges indirectè The Pope hath power indirectly to depose kings was not yet defined tanquam res fidei formaliter as a matter of faith formally and well remembreth that Couaruuias in the second part of his booke of the last edition at Lyons pag. 504. doth set downe the names of diuers worthy persons that concurre with him this Examinate herein Besides he saith that this doth further appeare by Cardinall Allen where he affirmeth that this proposition or any other equiualent vnto it viz. That Card. Allen against Defence of English Iustice cap. 4. pag 72. the Pope hath power to excommunicate or depriue a Prince in case of heresie or Apostasie and consequently to absolue his subiects from their oath and obedience to him is a meere matter of Diuinitie if not defined saith he for vs yet at the Alanâ—s ad persecutor Angios sol 326. least disputable in schoole or as it is in the Latin copie Est quidem planè Theologica cum religione Christianá arctissimè cohaerens de quâ si for san non definitè pro parte nostrâ pronunciatum sit posse tamen solere Theologicis argumentis in vtramque partem disputari ipsi quidem aduersarij qui quicquam sciunt ignorare non possunt 65 Here it being obiected that seeing as it seemeth it is not yet determined by the Church of Rome either that the Pope is Dominus temporalium directly or only in ordine ad spiritualia indirectly or that hee hath any such authority at all whereabouts the authors of the two first opinions doe so hotly contend and for that also he this Examinate hath professed before that he Sect. 36. was not bound to either of the said opinions vpon any danger of declining from the Catholike Church but would vse now his liberty albeit in his letter to Cardinal Bellarmine he inclined to his side and that therefore it seemed strange why he is so loth to expresse his mind apparantly and without any circumstances what his sincere iudgement is without respect of any mens persons as touching the Cardinals assertion for the Popes authority in temporalibus in ordine ad spiritualia in order to things spirituall considering what dangerous consequences thereupon may ensue to his Maiestie and the State here in respect whereof this Examinate being eftsoones vrged vpon his duetie towards God and his Allegeance to his Maiestie to deliuer his iudgement touching this point truely and sincerely answereth that because hee is still so pressed in his Maiesties name and in his name also who faith Ego sum Veritas I am the Trueth to deale herein plainely and sincerely and finding that otherwise hee shall not be able to giue such satisfaction as hee thinketh in his conscience hee is bound to doe hee answereth to the premisses in maner as followeth viz. 66 That it is true that none of the said three points obiected are as yet determined that hee must of necessitie acknowledge it to bee subiect to some reasonable exceptions why before it be concluded whether the Pope hath at all any authority to eradicate and depose Kings and Princes c. there is so earnest disputation of the maner how he receiued it from Christ whether directly or indirectly that touching his former inclination to Cardinall Bellarmines opinion forasmuch as the same is more generally receiued hee held it his duetie not to dissent from him in apparance it being the propertie of turbulent spirits to quarrell at things conueniently setled for the good of the Church and against the common rule Malum bene positum non esse mouendum things subiect to some exceptions are not alwaies to be ruffled in especially when they may tend to the preiudice of Christian tranquillity and that he would stil haue concealed his own iudgement to himselfe touching these points had hee not been so greatly vrged as in diuers parts of this his Examination it may appeare to declare it 67 That as it were by the way but very pertinent to this Examinates cause forasmuch as by the premisses it is not onely euident that the points contained in the Oath of Allegeance are left as yet to bee disputed on in vtramque partem as Cardinall Allen affirmeth but is also as plaine and manifest that when Cardinall Bellarmine writ to this Examinate that one of the chiefe heads of faith foundations of Catholike Religion was brought into danger by this Examinates taking of the said Oath hee the said Cardinall was vtterly mis-informed as supposing the same to bee against the Popes Supremacie in causes Ecclesiastical whereunto that Oath as before he hath said had no maner of relation for otherwise it is apparant that his taking of that Oath can no way endanger any head or foundation either of faith or of Christian Religion there being no such heads or foundations yet agreed vpon or laide in that behalfe 68 That therefore as he hath acknowledged his libertie without danger of declining from the Catholicke Church to expresse his iudgement as well of this opinion so much vrged against him concerning the Popes authoritie in temporalibus indirectè as he hath done before of the other viz. that the Pope as he thinketh is not Dominus temporalium directè so this Examinate will now at the last vse that his libertie at this time because hee doeth finde it to be as lawfull for him to refuse the one as the other and doeth thereupon accordingly professe with all trueth and sinceritie that as he thinketh neither of the said opinions is true that what he this Examinate hath before set downe at large out of Cardinall Bellarmine he thinketh in his conscience is sound and Catholicke and cannot be impeached either by the Canonists and those their assistants that lately haue taken their parts so eagerly for the Popes direct power or by the other side who to the same end for his dealing with Emperours Kings and Princes as is aforesaid doe attribute the same vnto him though indirectly and that he is the bolder in this sort to declare his minde concerning the said two opposite opinions because it is not yet defined as hee hath said by the Church whether Christ hath left to the Pope any such authoritie at all to eradicate and depose Emperors and Kings as they contend for preposterously in labouring before it be resolued whether hee hath any such authoritie or not to perswade men in what
that Reges non possunt esse serui Soueraignes cannot bee vassals so it doth no way derogate from the high dignitie and calling of the Bishop of Rome but rather doth greatly aduaunce it to say that because hee cannot erre there are therefore many things which hee cannot doe For example euen in the point questioned as the Pope cannot determine it to be lawfull vnder any pretence whatsoeuer for a man to commit adultery with his neighbours wife no more can he determine it to bee lawfull vnder any pretence whatsoeuer for any of his Maiesties subiects to beare armes against him both of them being against the morall law of God which the Gospel doeth in no one point preiudice Nor as he cannot by any determination or resolution vpon any pretence whatsoeuer make a sonne to bee no sonne during the life of his father no more can he make the borne subiect of any king not to be his subiect so long as the king liueth 90 That he is also altogether of this opinion that whereas the defining of the Popes said vndetermined authoritie to depose kings c. standing vpon this issue that either he hath indeede no such authoritie at all or else that he hath it as being dominus temporalium directè the lorde of temporall things directly or as dominus temporalium in ordine ad spiritualia indirectè the lord of temporall things in an order vnto spirituall things indirectly forasmuch as such a determination must of necessity include the condemnation of the opinion either of Cardinall Bellarmine and of that strong side that taketh his part which may breede some further trouble or of Cardinall Baronius and those that ioine with him being many and increasing dayly more and more with great confidency that they haue the trueth which no doubt will bee found inconuenient considering that their positions doe much more tend to the honour of the Church of Rome then those that are mainteined as peremptorily by the other side he this Examinate is of this opinion as he saith that there will neuer be any such determination as hath bene obiected or at least that it will not bee for many yeeres yet to come whilest there is so strong opposition concerning the manner how and in what sort Christ gaue Saint Peter that authority if he gaue it him at all viz whether directly or indirectly immediatly or by a certaine consequence except it may bee held to be sufficient leauing both the sides mentioned contending amongst themselues without any certaine grounds firme reasons impregnable testimonies either of Scriptures or Ancient Fathers first agreed vpon by the Church and concluded so to define as is imagined which this Examinate is fully assured the Pope and Cardinals being men of such excellencie and wisedome will neuer attempt 91 That although it may peraduenture bee confidently giuen out as it hath bene vntruely by many already that the Pope to haue authoritie to depose kings c. is defined at Rome to be held as a point of faith thereby still to keepe on foote the ancient opinion since Gregorie the seuenths time of the Popes authoritie in that behalfe for the good of Christian kings and Princes that they might be the rather induced to continue in some awe and feare if they did not their dueties belonging to Christianitie yet hee this Examinate thinketh it very necessary that no Catholicke should giue any faith to that report except he may see the same authentically so confirmed and euident as the Canon lawes in a case of such importance doe require which this Examinate is fully perswaded they shall neuer see or that if any such thing should happen to fall out this Examinate is verily perswaded it will not bee a generall resolution touching the Popes authoritie to depose kings c but onely to the point in question nowe amongst Catholickes here in England that it is not lawfull to take the said oath of Allegeance and then this Examinate further saith that the same will bee built vpon this false ground that the oath of Allegeance doeth include the oath against the Popes supremacie in causes Ecclesiasticall as he foreseeth already by the Cardinals letter vnto him and by the said Cristanouic who hauing set down the said oth at large writeth thus Quod iuramentum De Primatu Regis in spiritualibus And what oath Of the kings Supremacy in causes spiritual that therfore if any such resolution come authentically as is aforesaid the same as all Catholickes are to iudge of the Popes sinceritie being procured by surreption and false suggestions ad destructionem to destruction no Catholicke is bound to be ouer-ruled by it but the same notwithstanding euery Catholicke may safely and lawfully take the saide oath of Allegeance if according to the Statute in that behalfe made hee be required so to doe 92 That also whatsoeuer may fall out at Rome either touching the said oath of Allegeance or the Popes authoritie in temporalibus without any mention of it therin whether he hath it directly or indirectly the same will not be more amply set out and declared then it was before by Boniface Bonifac. de maior obedientia vnam sanctam the 8. where he writeth in this sort In hac eiusdem potestate duos esse gladios spiritualem viz temporalem Euangelicis dictis instruimur Nam dicentibus Apostolis Ecce duo gladij hîc in Ecclesiâ scil cùm Apostoli loquerentur non respondit Dominus nimis est sed satis Certè qui in potestate Petri temporalem gladium esse negat malè verbum attendit Domini proferentis Conuerte gladium tuum in vaginam Vterque ergo est in potestate Ecclesiae spiritualis scil materialis That is We are warranted by the wòrds of the Gospel that in his power were two swords the one spirituall the other temporall For when the Apostles saide Beholde here are two swords meaning in the Church sith the Apostles spake it Christ replied not it is too much but it is enough Assuredly whosoeuer denieth that the temporall sword is in S. Peters power he doth not wel marke the speech of Christ saying Put vp thy sword into the sheath Therefore both swords are in the power of the Church as well the temporall as the spirituall And a little after Veritate testante spiritualis potestas terrena instituere habet iudicare That is Trueth it selfe testifying that the spirituall power is to order and to iudge earthly affaires according to the prophet Ieremies words Ego constituite hodie super gentes regna caetera quae sequuntur I haue set thee this day ouer nations and kingdomes c All which particulars notwithstanding for the setting out of that Constitution purposely made against the king of France Clemens the fift shortly after made another constitution to the empeachment of the former wherein he writeth thus Nos Regi regno per definitionem declarationem bonae memoriae Bonifacij Papae 8
wordes might seeme to import as much as the Earle desired whereas in deede the authoritie which this authour saith both parts are agreed vpon is not yet determined For Cardinall Bellarmine and his Bellar. de Rom. Pont. lib. 5. cap. 4. side are fully resolued that the Pope hath no such authoritie directly and that consequently he must either haue it indirectly in ordine ad spiritualia or not at all and è contra the authours who oppose themselues to that opinion are as confident that he hath no authoritie in temporalibus except hee haue it directly so as how can it be said they are Carer de authorit Rom. Pont. lib. 2. cap. 5. 8. agreed when both sides are so peremptorie that he hath no such authoritie at all except he haue it saith the one side directly saith the other side indirectly And for his further answere hereunto he referreth himselfe to that which before hee hath set downe in the 63 68 69 76 88 90 and 91 Sections 98 As it was obserued in the 42. Section that all princes for denying the Popes supremacie though otherwise they professe the Gospell are tearmed heretickes by the Romish Catholickes so although they liue neuer so orderly according to their lawes without inflicting any other punishments vpon offenders then are agreed vpon by the Common-wealth they are accounted tyrants if for the repressing of Popish errours they doe at some times giue way to the execution of such Lawes as are made against them And none are more violent herein then such as were borne and bred vp amongst vs in England as Stapleton and William Raynolds if they were the authors of the two bookes intituled De iusta abdicatione Henric 3. and De iusta Reipuh Christianae in Reges impios haereticos authoritate who affirme that all power at this day which is auerse from religion De iusta abdic pag. 11. Rossaeus pag. 106. meaning the Romish religion is tyrannie and that they are tyrants that doe vse their kingly power to the imposing vpon their Subiects of that faith which they terme hereticall and for example of such tyrants one of them alledgeth K. Henry the 8. Edward the 6. and Queene Elizabeth The consequences of which assertions are as Idem pag. 157. well in their opinions as in the opinion of many other that are of that sect that euery such tyrant may be depriued of his kingdome and if neede be murthered by his Subiects yea by euery priuate man if hee haue fit opportunitie after that he is declared by the Common-wealth as some say to be a tyrant or by the Pope as others affirme Whereby all kings and princes that mislike the Popes tyrannie and sundrie his corruptions are by him and his priests infinitely dishonoured and no one way more then by inciting their subiects to rebellion vnder pretence of religion which ought to be the surest band of duety and obedience In consideration whereof it being told this Examinate that it was all one to his Maiestie whether by the Popes doctrine hee were to be deposed from his Crowne vnder either of these false pretences that he is an hereticke or that he is a tyrant and that thereby his Subiects are no longer to obey him but may beare armes against him and offer violence vnto his sacred person as well in the one case as in the other and that therefore it stood him in hand seeing he professeth himselfe to be a true subiect to deliuer himselfe from these traiterous conceits he the said Examinate answered as followeth saying 99 That in his iudgement if it be true as this Examinat beleeueth it is that the Pope hath no authoritie by any Sentence whatsoeuer to depose a King for heresie as before he hath at large declared nor to absolue his subiects from their Allegeance it is also as true a fortiori that hee hath no authoritie by any Sentence or iudgment whatsoeuer so to determine any king to be a tyrant as that thereby his right to his kingdome should in any sort be empeached or his subiects set at liberty to rebell against him or to offer any hurt vnto his person 100 That he knoweth what diuers haue written as touching tyrants wherewith hee saith it is impertinent for him now to intermeddle affirming notwithstanding that in his iudgement no king who in the course of his gouernement doth obserue the lawes established in his kingdome and doth not otherwise afflict his subiects either by violence rapine crueltie impositions exactions or by any other vnlawfull meanes but as he is bound giueth way to the execution of his lawes and onely vseth the ancient prerogatiue of his Crowne can in any true construction be rightly iudged a tyrant though some of his said lawes doe tend to the punishment of Catholickes and to the maintenance of the religion which he professeth diuers Emperours being in their times notable gouernours and promoters of their Empire to the great good of their subiects in temporall causes though otherwise they were great enemies to Christianitie 101 That no King who commeth to his Crowne by succession as being the right heire thereof may lawfully vnder any pretence of tyrannie bee deposed or resisted by his subiects either iointly assembled together or otherwise by any secret machinations or treacheries of manie few or of any one and that as touching this point either of iudging a king to be a tyrant or dealing with him thereupon as is before mentioned he is altogether of Master Blackwood his opinion who writing against sundry traiterous positions of Buchanans tending to the effect before obiected doth proue very sufficiently these points that ensue viz 102 That no subiects can arrogate to themselues Blackuodaei Apolog pro Regibus pag. 56. any part of Regall authority without committing of treason except the same bee delegated vnto them by the King and that then also they are to vse the same authority no otherwise then in such sort and so long as the King doeth willingly permit them That our Kings here in this land are no way obliged Pag. 106. to the people for their kingdome but haue all their power and Empire from God and are onely bound to giue an account to him of the discharge of their office and duetie their kingdomes belonging to them iure haereditario by right of inheritance so as no sooner Pag. 178. is one King dead but the next heire is actually king no ceremonie or Coronation or other circumstances adding more to his right then hee had before That the Oath itselfe which they take at their Coronation being made to God and not to the people doeth not Pag. 221. any way empeach the interest they haue iure sanguinis Pag. 224. by their birth 103 That forasmuch as the kings subiects his Pag. 211. c. Clergie Nobles and Commons cannot assemble together in Parliament without the kings Writte vnder paine of treason by the olde lawes nor when they are
the king doth acknowledge no superious in temporall causes hee might lawfully in that matter without any mans preiudice submit himselfe to our iurisdiction wherein as some hold he might by his owne authority not as a father with his children but as a prince with his subiects haue himselfe dispensed but you are knowen to be subiect vnto others and therefore without some iniury peraduenture vnto them except they should yeeld their assent you cannot in this case submit your selfe vnto vs And this is that casuall authoritie this Examinate saith which he attributeth to the Pope out of S. Peters patrimony in other Princes kingdomes for his dealing in those causes that are temporall and doe not otherwise belong vnto him to intermedle with as he is Christs Vicar but as they are compromitted and referred vnto him 114 It was here againe required of this Examinate that he should a little further open his mind in this point whether in his iudgement the subjects of any Christian king may lawfully referre any temporall causes especially such as either concerne the commonwealth or their king vnto the Popes determination without the kings consent because it is held by many as it hath been formerly touched in part out of Mancinus that they may when otherwise they can receiue no such ordinary course of Iustice as they thinke they ought or when they account it most expedient for the Commonwealth To which purpose sundry examples are alledged and amongst them this particularly of the proceeding once in France with their king Hildericus king of France reigning as it was thought vnprofitably and Pepinus in his gouernement vnder him greatly contenting the Realme the chiefe of the Nobilitie in their desire to remoue him and aduance Pepinus vnto his place being not ignorant that if they could procure the Pope who was then in these Westerne parts of great reputation to concurre therein with them it would greatly surther their designement and the better content both the people and the Clergie did send an Embassage 1◠Maior disi 24. quaest 2. 〈…〉 to Pope Zachary then Bishop of Rome desiring to know of him an ille deberet regnare qui otio torpebat an ille qui aestum dieiportabat whether he ought to reigne who was altogether idle or he that did indure the heate of the day To whom the Pope answered quòd posterior regnare deberet that the later ought to reigne Whereupon the Nobilitie deposed Hilderick and created Pepinus their king 115 Now forasmuch as this example is commonly vsed for an argument that the Pope may thus deale casually in temporalibus and that thereupon it is ordinarily concluded that the Pope by such a casualty may depose kings and set vp others in their roomes if hee this Examinate should meane that such a reference or compromitting of a cause to the Pope by one side without the assent of the other as it is not likely that Hildericus was euer willing to commit to the Pope his title to the kingdom whether he should remaine king or one of his subiects should get it from him were a lawfull occasion offered for the Pope to deale casually in temporalibus as an Arbitrator that which hee hath before said of his meaning how the Pope might deale in such like causes casualiter doeth crosse that which formerly he hath deliuered or rather indeed is flatly repugnant vnto it And therefore he this Examinate was vrged to explicate this difficulty 116 Whereunto for answere he saith That in his opinion this was a needelesse doubt in that his words before were plaine when he deliuered the answere of Innocentius to the Gentleman of Montpeliar hee this Examinate hauing neuer heard of such a kind of compromitting a cause to any by one part without the consent of the other and that therefore he holdeth it as vnlawfull for the Pope in such a kind of reference as aboue is specified without the Kings consent to take any temporall cause into his hands to be ordered by him as it was for him to haue made legitimate the children of the said gentleman as is before mentioned which Innocentius acknowledged he might not doe And as touching the example alledged for the deposing of Hildericus this Examinate further saith that he concurreth in iudgement with Iohannes de Parisijs Io. Maior Iacobus Almain Adam Blackwood with diuers others Blackwood apol pag. 201. 202. who writing of that fact say that it was not lawfull that the Pope did yeeld to an iniury and was not ignorant the example to be pernicious so to let slacke the raines to the people for the changing of Scepters and to preferre a stranger with the iniury of their own lawfull king that this fact being singular ought to obtaine no force of a law that wee are to liue by lawes and not by examples that we ought not so much to regard what is done as what ought to be done 117 That the Nobility of France sent to the Pope because the Vniuersitie of Paris did not then Ioh. Maior in lib. 4. sent dist 24. apud Gersonem flourish insinuating that if it had they had gone no further but relied vpon their iudgement that where it is said that Zacharie did depose Hildericke it is thus to be vnderstood viz that he was aliqua causa motiua a certaine mouing cause why the Noblemen of France deposed him that from such particulars quae ex deuotion ad Ecclesiam non debito juris fiunt which are done of deuotion to the Church and not by any right of law nothing is to be drawen in consequence as neither from many other examples where Emperours did chuse the Bishops of Rome and likewise that some Bishops of Rome had beene deposed by Emperors and as the Ecclesiasticall historie reciteth many Bishops did referre their complaints to Constantine ex quibus nullum potest sumi argumentum from which examples no argument can be drawen 118 That the Canon Alius dist 15. q. 6. which Iacobus Almain de potest Eccles laicâ quaest 2. cap. 8. Magna glossa Canon Alius dist 15. q. 6. saith that Pope Zacharie deposed the king of France and placed Pepin the father of Charles in his roome is thus to bee vnderstood Zacharias deposuit Regem id est deponentibus consensit Zacharie deposed the king that is gaue his consent to them that deposed him that then there was no Vniuersity at Paris the same beeing afterwardes erected in the dayes of Charles the great and that thereupon there being few learned men in France they had recourse to the Pope sic deposuit id est consensit vti possent deponere sic non deposuit authoritatiuè that so he deposed Hildericke that is he gaue his consent that the Nobilitie of France might depose him and that the Pope did not depose him by any authority 119 That the Pope did neuer depose the king of Ioh. de Parisiis de potest regia
whether the Pope doeth require them so to doe or not against any that doe endeauour to suppresse it But he holdeth that such their duetie bindeth them no further then so to maintaine religion within their owne kingdoms if need be and not to make warre in that respect against any who doe containe themselues and their proceedings aforesaid within their owne bounds and doe not seeke by force to suppresse in any other Countries that are adiacent vnto them the Religion there established otherwise then in his owne But withall he addeth that he holdeth it to be the duetie of all such Catholike kings to do what they can with any King auerse from the Pope for the winning of him vnto his Holinesse by perswasion and by euery other good meanes but in no wise by the sword or by solliciting his Subiects to rebellion or to make a part of his owne Kingdome against him or otherwise to endanger his Person Crowne or State Besides for as much as this Examinate saith he beleeueth that the Pope hath no inherent authoritie in himselfe in temporalibus out of S. Peters patrimonie and that the regall authoritie is not deriued from the Pope or held immediatly of him hee doeth not find how the Pope as he is either a Spirituall or a ciuill Prince hath authoritie to command the sword of any Kings otherwise then by entreatie and in the cases by him this Examinate aboue specified or that they are bound by force of their Baptisme to obey him if so he doe command them 125 Secondly were it granted to this Examinate that the Pope as a Ciuill Prince might lawfully haue sent his forces into Ireland as is aforesaid and denounce warre when he thinketh it expedient against any King as Cardinall Allen hath written yet it is fit that this Examinate should open himselfe in his dutie to his Maiestie whether in his iudgement when the Pope will needes take vpon him to play the temporall Prince and become a warriour hee holdeth it to bee at such times more lawfull and agreeable to the Scriptures either for the Pope or for any of his instruments to perswade the Subiects of any King with whom hee contendeth that because hee is a Protestant as that generall name is growen in vse and denieth the Popes supremacie and embraceth the Religion reformed and purged of sundry grosse errours and points of superstition and is thereupon either by name or in generall termes by vertue of some other Buls Excommunicated or because he seeketh to alter the ancient Religion which formerly they or their forefathers did professe therefore it is lawfull for them nay that they are bound in conscience to renounce their obedience vnto him and to assist the Popes forces then it is lawfull for the Emperour or some other Kings whose predecessours had made the Pope a Ciuil prince by bestowing vpon him so large possessions when they haue resolued of a warlike course against him to perswade his Subiects and authorize them to ioyne with them and to beare armes against him vpon these or any other such like suggestions viz that the Pope abused his place and behaued himselfe otherwise then of ancient times his predecessours had done that it was neuer the meaning either of their former renowmed Emperours or of any other Kings or of the most famous Romanes and Italians their Noble progenitors who once gouerned the chiefest part of the world that thereby he should take courage and boldnesse to encounter as hee did with them their successours or to tyrannize as his custome was ouer them his pretended Subiects and ouer their sometimes so glorious a Citie and that therefore if they would ioyne their forces with theirs they would restore them vnto their ancient honours and libertie 126 To this question this Examinate saith that it is a point of State how and when Princes may make warres but he is sure that they ought not so to doe except the cause be iust Againe he cōfesseth that as some hold the Pope may depose no secular Prince though he abuse his authoritie in perniciem Christianitatis fidei to the destruction Iacob Almain de potest Ecclesiasticâ Laicâ Quaest. 1. cap. 9. of Christianitie or of the faith but may onely declare him worthy to be deposed and therefore forbid his subiects vnder paine of Excommunicatiō to performe any dutie vnto him wherby in effect hee looseth his kingdome when no man doth regard him so they doe thinke that in the same sort if the Pope doe abuse his authoritie Idem ibidem Quaest 2. cap. 8. in detrimentum Reipublicae to the detriment of the Common wealth the Emperour may depose him vnder paine of confiscation of all his temporall goods which hee holdeth of the Emperour and of the king as a vassall and that by vertue of such a Sentence giuen by the Emperour they to whom it appertaineth shall in the end bee compelled to remoue him from his authoritie of the high Bishopricke But of these and such like points this Examinate saith he wil not take vpon him to iudge onely hee acknowledgeth that so farre as his reading and learning stretcheth hee doth in his conscience verily beleeue touching the said question to him propounded as here ensueth 127 That neither the Pope hath any authoritie to depose the Emperour nor the Emperour to depose the Pope they may deale one with another for reforming of abuses but they ought not to proceede to such extremities that as hee hath before oftentimes said that the Pope hath no authority at all by any waies or meanes whatsoeuer giuen vnto him Iure diuino to depose any Protestant king or Soueraigne Prince nor to absolue his subiects from their Allegeance nor to authorize them or command them to beare armes against him so neither may hee lawfully when he commeth or sendeth as a Ciuill Prince his forces and men of warre to assaile any such king in his owne Countrey though he take that course in defence of Religion seeke to perswade the subiects of such a King to rebell against him by ioyning their forces with the Popes or if hee or any of his instruments so doe suggesting that otherwise they shall incurre the Popes curse yet they the said subiects ought not to regard it but remaine still as firmely bound to obey their King and take part with him as if the Pope had neuer conceiued any displeasure against him 128 That therefore hee must needs confesse the positions following to be very vnsound and repugnant vnto the Scriptures and the ancient Catholicke doctrine which is alwaies to be preferred before mens new deuises be they for their learning and places neuer so eminent in the Church 129 It is godly and honourable to fight in such order Card. Allen. a True defence pag. 103. and time as we are warranted in conscience and law by our Supreme Pastours and Priests 130 In warres that may at any times happen for religion Card. Allen. letter to Stanley pag.
England howsoeuer they are scrupulous in conscience and may be a litle mislead haue sincere true hearts vnto his Maiestie and their Countrey that he doubteth not but these deuises and phrases of deposing of Kings and exciting of Subiectes to Rebellion will grow both verbally and really out of vse and bee forgotten that this Examinate as long as hee continueth Archpriest will for his part doe the vttermost of his power what hee can to moue all Catholickes to continue their obedience and duetie towardes his Maiestie and not to giue eare to any thing that may tend to the contrary that doing what he is able there can no more bee well expected from him that he hath in the whole course of this his long examination deliuered his conscience and iudgement sincerely and truely without any causion of what nature or kind soeuer so as hee will neuer hereafter doubt but that his Maiestie and the State will euer repute him as indeede he is and so will alwayes continue a most loyall faithfull and duetifull subiect And hereunto he addeth that the remembrance and due consideration of all the premisses hath wrought so with him as he hath euen of conscience and compassion ouer some men otherwise affected then they ought to bee in his iudgement directed his letter vnto all the Catholickes of England both Ecclesiasticall and Lay to the end they may better bethinke themselues touching these points and conforme all their cogitations and actions to such duety and obedience towards his Maiestie as by the word of God they are bound and as all the ancient Christians did and all good Catholickes still remaine obliged to doe Whereupon he desired for Gods sake that thus his Examination might ende and therein hee had his desire Georgius Blakwellus Archipr Anglorum Protonotarius Apostolicus MASTER BLAKWELS Letter to the Romish Catholikes in England VEry Reuerend and my dearest beloued brethren both Priests and people Catholike four seruant in bands George Blakwell lately your fellow-labourer in Christs Vineyard and your faithfull pastour and Archpriest doe remember you alwayes in my prayers that Almighty God through our Lord Iesus Christ may graunt vnto you peace patience humilitie and true obedience not onely to those who haue the especiall charge of your soules but likewise to Ciuill Magistrates according to his holy ordinance King Iames our lawfull Soueraignè and such as be in authoritie vnder him vnto whom the protection of your bodies goods and liues is committed that you may leade a quiet and peaceable life in all godlinesse and honestie You are not ignorant of the oppositions and parts-taking concerning the Oath of Allegeance to his Maiestie whether with a safe conscience it may be taken or not nor how I haue bene blamed by diuers and especially by Cardinal Bellarmine a worthy and eminent man in the Church for my iudgement and former proceedings in that behalfe neither also what the Popes holinesse hath signified vnto you in his two Briefes touching that matter Which may peraduenture make you to wonder and grow iealous of my sinceritie in the Catholicke faith when you shall finde me notwithstanding all that hitherto I haue either heard or seene still to continue in my former opinion and to acquaint you with it accounting it my duetie both before God and the world so to doe I know what is conuenient and profitable for the Church and what authoritie the Bishops of Rome haue put in practise with good successe and approbation against sundry Emperours Kings and Princes for many yeeres and wish that the same had euer bin so mildly and temperately vsed as that it might neuer haue bene impugned nor called in question by any But now that this point is so throughly searched into not only by our aduersaries but by our selues likewise I being pressed as I haue bin to deliuer my iudgment sincerely and truely as in the sight of God accordingly to take the said oath since newly againe more earnestly vrged then before how could I chuse but acknowledge what I thought so farre as my learning reacheth except I should haue sinned against mine owne conscience and incurred thereby the wrath of God who needeth by no vntrueths to haue his Church and the honour of it vpheld and mainteined by any It is one thing what may be yeelded vnto and put in practise de facto and by positiue lawes and another what may truely be challenged iure diuino which second branch is that which is now amongst our owne brethren so controuerted and diuersly defended as I feare greater preiudice will grow thereby to Catholicke religion then is iudiciously as yet foreseene or prouided for to be preuented For it can neuer bee iustified say what men list that the doctrine of the Church doeth by any true exposition or deduction any way diminish or empeach the Soueraigntie and honour of Emperors kings and princes but doeth indeed confirme and establish them the contrary conceit whereof was falsly imputed to the Christians in the glorious ages of the Church which did succeed the Apostles and ought still to be as much impugned and detested now as it was then That which Cardinall Bellarmine hath written to this purpose is sound and Catholicke and will neuer by any quirke be auoided Christ saith he did not nor doeth take kingdomes Bell. de Rom. Pont. lib. 5. cap. 3. from them to whom they did belong For Christ came not to destroy those things which were well setled but to establish them And therefore when a King becommeth a Christian hee doeth not lose his earthly kingdome which by right hee held but purchaseth a new interest to an euerlasting kingdome Otherwise the benefites receiued by Christ should be hurtfull to Kings and grace should destroy nature And againe Princes infidels are the true and supreme Princes of their Idem ibidem cap. 2. kingdomes for dominion is not founded either in grace or in faith so as the Pope hath no authoritie to meddle with them As long then as kings be Ethnickes they are sure of their interest in their kingdomes and of the obedience of their subiects the very law of Nature doeth ratifie both and can you conceiue that as soone as they are become Christians their case is altered in the assurance of their temporall estates Must it be pretended that the benefite receiued by Christ doeth no way preiudice the interest that Kings haue in their kingdomes but when they haue submitted themselues to the doctrine of the Gospel in hope of the kingdome of heauen and to haue their states bettered and their subiects setled as touching their obedience according to the precepts of Christ and his Apostles agreeably vnto the morall Law of God must then vpon any occasion grace destroy nature or dominion be shaken which is not founded in faith Thinke you that it was euer the intent either of Constantine the great or of any other Kings or Princes to receiue the Gospel or to ioyne
their Regall authoritie with the Ecclesiasticall thereby to strengthen Bishops in the execution of their offices with any purpose that the power Ecclesiasticall should swallow vp depresse or ouertop their temporall Soueraigntie Assuredly my deare brethren such cogitations as these are scandalous to Christianitie and ought to make no impression in your soules otherwise then to eschew them Baptisme doth worke no such alteration in kings or any other it tendeth to the destruction of the kingdome of Sathan but doeth no way empaire or subiect vnto any their temporall estates otherwise then as they shall be mooued in charitie and honour where they haue receiued spirituall blessings there to bestow their benefites and fauours temporall The coniunction of the Church with temporall kingdomes to make one Christian bodie doeth make no other transmutations nor confound their gouernments and functions they doe still remaine distinct as they did before so as neither can any Emperour King or ciuill Magistrate take vpon him the administration of the keyes of the kingdome of heauen nor the execution of any other parts of priestly duties nor any Priest Bishop or the Pope himselfe challenge in right of the Church and as they are Bishops any interest or power in the temporall sword to manage the same as they thinke fit either themselues or by others at their direction it being a power giuen onely by God vnto Kings and Princes to take vengeance on them that doe euill and to be yeelded vnto not because of wrath onely but also for conscience sake Neither may the words of God to the Prophet Ieremie where hee saith I haue set thee Ierem. cap. 1. ouer nations and ouer kingdomes to plucke vp and to throw out and to destroy and throw down to build and to plant be truely inforced to giue authoritie to his Holinesse for the transferring of kingdomes from one to another or to depose kings for any cause whatsoeuer or to absolue their subiects from their allegeance or to authorize them to beare armes against their Soueraignes or to roote out and destroy any kingdome king or prince vnder pretence of building or planting some other This was farre differing from the meaning of the holy Ghost which in my iudgement is more truely syncerely expounded by that worthy Cardinall Hugo Barcbionensis about 368. yeeres since whether you will take the meaning of it literally or mystically where he writeth in this sort I haue placed thee ouer nations Hugo Card. in Iere. cap. 1. and Kingdomes vt euellas i Iudaeos esse euellendos de terrâ suâ enuncies that thou mayest declare that the Iewes are to be caried by force out of their countrey destruas i ciuitatem Ierusalem destruendam terram eorum prophetes that thou mayest foretell the destruction of Ierusalem and of their countrey disperdas i eos disperdendos à principibus Chaldaeorū praedices that thou mayest preach vnto them their dispersion by the princes of the Chaldaeans dissipes i dissipandum esse praedices regnum Iudaeorum per captiuitatem that thou mayest foretell the destruction of the kingdome of the Iewes through their captiuitie And lest the Iewes might haue despaired therefore he doth not onely foretel their captiuity but likewise their deliuerance thence adding aedifices i ciuitatem reae dificandam nuncies that thou mayest assure them their citie shall againe be reedified plantes i Iudaeos adhuc plantandos esse in Iudae praedices that thou mayest foretell the Iewes that they shall bee againe planted in their owne land Hitherto the Cardinal for the literall sense of Gods words vnto Ieremie and then thus of them mystically That thou mayest pull vp vnprofitable berbes that is euill cogitations by contrition and destroy hurtfull delights with pure confession and dissolue sinnes ill growen together by competent satisfaction and breake asunder the bands of euill custome by good conuersation and build vpon a sure rocke by cumulation of merits and mayest plant the tree of life in thy selfe and in others virtutum radicatione by the ingrafting of vertues Out of question the Prophet Ieremie who best vnderstood the meaning of God when he spake vnto him did not otherwise ouerthrow kings or kingdomes or scatter or destroy or plant or build vp any kings people or nations in his time then as this worthy Cardinall hath literally expounded the said words neither may they be further extended either literally or mystically as of later times they haue been extended for such their proceedings with kings and princes as in the Oath of Allegeance are sought to bee preuented Not long since Cardinall Bellarmine did write a letter vnto me in dislike of my yeelding to take the said Oath and perswading of others therein to followe mine example where unto after my answere was made such plots were layed by them who haue their watches ouer me as the Cardinals letter it selfe and the copie of my answere vnto it were knowen and had from me and I was thereupon brought into a long and very strict Examination wherein I being drawen from point to point and pressed vpon my duetie both to God and to his Maiesty to discharge my conscience according to my knowledge I haue dealt as becommeth a true Priest a duetiful subiect to his Maiestie a faithfull seruant of God and an obedient childe to the Popes Holines and of the Catholike Church and doe very humbly pray you my louing brethren of all sorts and withall straightly charge you by the mercies of God and in the bowels of Iesus Christ as being your Arch-priest and thereby hauing yet authority for ought I knowe ouer you thus to write vnto you that if euer my said Examination doe come to your sight as I am verily perswaded it will you doe not dislike or impugne it but wholly conforme your selues and your conuersations by your due obedience to his Maiestie agreeably vnto it The yonger sort of Catholickes I know such as are subiect to passion and strength of sundry humours and in whom there is more feruencie courage and forwardnesse then true discretion iudgement and experience will when they see it mutter and peraduenture exclaime against me But I am better perswaded of you who are more iudicious and of the graue and wiser sort that no suggestions against me or wrested constructions of any thing by me deliuered either herein or in my said Examination may breede in you any offence being men better grounded and setled in the truth touching your obedience to his Maiestie then that hereafter you will euer giue eare to any of these or such like other intiseable perswasions of mens alluring reasons as that you are no longer to obey his Maiestie as dutifull Subiects are commanded by the Apostles but vntill you shall bee able without danger either of losse of goods or of your liues by reason of your numbers or of some direction from the Pope to beare armes against him or to machinate or put in practise any attempt