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
Allegeance necessarily answere concerning the positions following whether he doeth allow them or disallow them the same being the effects of the Popes Excommunications euen ante Sententiam latam before Sentence denounced which are likewise contrary to his former iudgement 43 The Canon Lawes sayth no meane man Card. Allen against the execution of Iustice pa. 87. being authenticall in the lawfull tribunals of the Christian world doe make all heretikes not onely after they bee namely and particularly denounced but by the Law it selfe ipso facto as soone as they bee heretikes or de iure excommunicated for the same to bee depriued of their Dominions And another of little lesse credit then the former writeth thus Hinc inferatur Philop. pag. 194. vniuersa Theologorum at Iurisconsultorum Ecclesiasticorum Schola est certum de fide quamcunque Principem Christianum si a Religione Catholicâ manefestè deflexerit alios auocare voluerit excidere statim omni potestate ac dignitate ex ipsâ vi iuris tum humani tum diuini hocque ante omnem sententiam Supremi Pastoris ac Iudicis contra ipsos prolatam subditos quoscunque liberos esse ab omni iuramenti obligatione quodei de obedientia tanquam Principi legitimo praestitissent posseque debere stvires habeant istiusmodi hominem tanquam Apostatam haereticum ac Christi Domini desertorem reipub inimicum hestemque ex hominum Christianorum dominatu oijcere ne alios inficiat vel suo exemplo aut imperio à fide auertat Atque haec certa definita indubitata virorum doctissimorum sententia doctrinae Apostolicae conformis planè ac consona est That is Hereupon the whole Schoole of Diuines and Canonists doth inferre and it is certaine and of faith that any Christian Prince whatsoeuer if hee shall manifestly deflect from the Catholicke Religion and endeuour to withdraw others from the same doeth presently fall from all power and dignitie by the very force of humane and diuine law and that also before any Sentence of the Supreme Pastour and Iudge against him denounced and that his subiect whatsoeuer are free from all obligation of that oath which they had performed for their allegeance vnto him as to their lawfull Prince and that they may and ought if they haue forces to eiect such a man as an Apostata an hereticke and a backslider from the Lord Christ and an enemy to the Common wealth out of all dominion ouer Christians lest hee infect others or by his example or commandements auert others from the faith And this certaine definite and vndoubted opinion of the best learned men is wholy agreeable and consonant to the Apostolicall doctrine And to this purpose diuers others of the same humour might be alledged 44 Whereupon this Examinate at the last though he was hardly drawen vnto it in respect of the persons whose wordes were cited much honoured and reuerenced by him did giue this answere saying in effect as he did concerning the authors whose assertions were propounded vnto him in the next precedent obiection viz. That these men had their particular opinions as hee hath his but confesseth that these their assertions last mentioned are farre from his iudgement vtterly denying them to bee the inferences of the schoole of all Diuines and Ecclesiasticall Lawyeers or that they are either de fide of faith or certaine or defined or the vndoubted opinions of the most learned men agreeable to the doctrine of the Apostles Besides whatsoeuer this Examinate hath formerly said touching his reasons sent to Rome or out of Syluester or touching the present estate of this Kingdome or his former iudgement that an Excommunication cannot warrant any such kinde of proceedings of subiects against their Princes be they Hereticks or Apostates or whatsoeuer they be doth iustle directly with these assertions and therefore hee saith that hee doth vtterly reiect them accounting them great staines and blemishes vnto Excommunication if they bee made the effectes thereof 45 Here it falling out aptly to come to the point indeed mentioned Sect. 35. the same was pressed For whereas it is cleare by this Examinates confession that they of the Romish church haue not onely amongst them Excommunication of Princes but likewise as hee hath before shewed out of certaine their authenticall writers an Eradication and vtter extirpation which must as it appeareth be effected not by Excommunication but by vertue of the Popes authority either as he is directly Dominus Temporalium that is the chiefe Temporall Lord vnder Christ ouer all the world or indirectly in ordine ad spiritualia in order to things spirituall forasmuch as both of them doe tend to one end and are equally pernicious and trayterous to all Regall Principalitie and authoritie it being litle to the purpose to detract from Excommunication that it hath no power to depose kings or to absolue their subiects from their Allegeance if there be left in the Pope another kinde of power after that by his Excommunication he hath cast kings to the deuill in his owne idle conceit then to eradicate them likewise and throw them out of their kingdomes and to authorize and incite their subiects to all secret conspiracies treasons rebellions and trecheries against their Soueraignes this Examinate was heere againe vrged vpon his allegeance to his Maiestie and as there was any trueth to bee expected at his hands to set downe his iudgement touching this point of the Popes pretended Soueraigne power in Temporalibus in ordine ad spiritualia in order to things spirituall as he hath done before concerning the other pretence of his direct authoritie 46 With this point this Examinate as it seemed being much perplexed said that now indeed the matter was followed to the quicke and therefore desired that it might be sufficient for him to acknowledge that in his iudgement the Pope hath authoritie to Excommunicate when there is cause the greatest King in the world profesing Christianitie but sayth hee for his other power in ordine ad spiritualia in order to things spirituall it cannot touch his Maiestie 47 Hereupon for that this Examinate had often before desired that hee might speake of things by degrees not in grosse it was thought fit to proceed herein with him accordingly And therefore hee was first put in minde what he had before said in the beginning of this his Examination concerning his iudgement of the obedience due to princes by the precepts of Christ and his Apostles Sect. 2 of the continuance of the said precepts of his dislike that any should imagine either Christ or his Apostles in their said precepts to haue temporized as willing Christians then liuing vnder persecuting Emperours to obey no longer but vntill they were able by force to suppresse them Sect. 3 and so as aboue more at large it doth appeare and being thereupon demaunded whether hee continued still in the same iudgement without any equiuocation or euasion whatsoeuer he thereunto
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
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
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.
that the faith may hereby be endangered that I seeme to haue in some part resembled the fal of S. Peter S. Marcelline that it is not a small matter which by this oath is brought in danger but one of the principall heades of our faith foundations of Catholicke religion that I am to heare what S. Gregorie the great doth affirme and what S. Leo doth confirme and to attend what Sanders hath deliuered and that for this one most weighty point of doctrine Iohn Bishop of Rochester and Sir Tho. Moore were leaders vnto others to Martyrdome that I bee not wiser then I ought to bee and that my slip did peraduenture proceede not from any want of consideration but from humane frailtie These things haue I read with attention bewailing my case that such a heape of censorious animaduersions is by you compacted against mee who cannot comprehende or conceiue how any the least detriment may redound vnto the Primacie of the supreme Bishop by that sense which I with the acceptance of the Magistrate did propose before the taking of mine Oath But if the words seeme not outwardly to yeeld so pleasing a sound yet ought not the sense or vnderstanding to serue the wordes but the words the vnderstanding as is apparant out of the fiath booke of Gregories Decretals de verborum significatione Neither can I imagine how by receiuing that Oath there can grow any daunger vnto the faith the same implying nothing which may shadow out so much as a resemblance or shew of any thing which is formally a point of faith For as Couarruuias Martinus Couar parte 2. pag 504. Nauar. vt ibidem not atur a Couar vt patet in cap. Nouit de iud notab Binsfeld de iniuria damna dato cap. 7. pag. 353. Alan in respons ad Iust. Angl. fol. 326. b. ab Aspilcueta Binsfieldius do affirme there is no certaintie as yet defined by the Church touching the Popes authoritie in things temporall And Cardinall Allen of famous memorie saith in this cause It is a meere matter of diuinitie and of very neere coherence with Christian religion which although it bee not peraduenture definitely resolued for our side yet that it may and vseth to be by Theologicall arguments disputed on both parts our aduersaries if they know anything cannot be ignorant Thus saith hee But perhaps Innocentius 3. and Bonifacius 8. will bee brought to presse vs with but they as Bannes saith speake of power and Bannes in praeamb de Dominio Christi pag. 92. de iure iustitia dominion in order to things spirituall when it shall bee needfull to vse the same as may euidently appeare vnto him that will peruse the lawes themselues and this is an indirect power which doth not reach vnto our King for the affaires of England are now placed and setled in that state as that all order for the promoting of our spirituall affaires by the deposition of our King is quite extinguished and therefore there would bee care had lest you procure vnto vs a harder condition then yet we are in And to say truth notwithstanding Boniface his definition the King of France as is euident by the insuing declaration of Clement did not lose any part of his Clemens de priuileg cap. Mcruit dignitie or auncient right which Clement might not haue done if Boniface his definition had proceeded from the chaire as a matter of faith formally And in this behalfe I did heedfully obserue that which Caietane deliuered against the Caietan tom 1. tract 1. Apolog parte 2. cap. 13. Parisiens viz That it was one thing to determine de fide formaliter and another to determine de eo quod est fidei materialiter For the former doth import the determining of what is to be beleeued or not to be beleeued but the latter the deciding of questions which happen in things beleeued and it is cleare that when any question is determined after the second manner it is not said to be a determination touching faith but concerning such or such a matter When therefore it is said that the Pope cannot erre in a iudgement of faith I doe not take it to bee spoken but of a iudgement of faith formally that is when he determineth what is to be beleeued or not to be beleeued Thus saith he Out of which words I submitting my selfe vnto your most exquisite iudgement doe collect that if it were defined as a point of faith formally that the Pope hath power to depose kings indirectly that is in order to things spirituall vndoubtedly all men were by such a definition in thesi in the generall position bound firmely to beleeue it But if the question were propounded in hypothesi that is in the particular supposition whether the Pope hath power to depose our king matters continuing with vs in the state they now are in surely me thinketh sauing the iudgement of sharper wits that the determination of this question were of a matter which is of faith materially it being the decision of a doubt which happeneth in things beleeued and were not therfore to be called a determination concerning faith but touching such or such a matter but it is a decision touching a point of faith formally which blindeth vs to beleeue it Now therefore I being humbly prostrate at the sincerity of your most vpright iudgement doe earnestly beseech your Amplitude to iudge whether I haue staggered in any matter which is a point of faith formally or haue swarued from that course wherein the iudgements of the most learned Diuines are traced By what colour then am I drawen into the societie of S. Peters and S. Marcellines fal or why should Sanders be mentioned vnto Sanderus de claue Dauid cap. 9. me sith I haue followed his iudgement in his booke de Claue Dauid where hee saith The sword of the Church was giuen to edification and not to destruction to bestowe life not to bring death to defend the flocke not to annoy the sheepe to repell the woolfe not to deuoure the lambe And if I may proceede in my defence I see not by what reason those words recited either out of Gregory Nazianzene or Basil the great or Leo and Gregory the great or that laudable fact of Eleazarus or the martyrdomes of Sir Tho. More and Iohn Bishop of Rochester made famous by many mens writings can bee wrested against me seeing in my oath there is not the least signe which may carie with it any inconuenience against the faith or impaire any syllable in any point of faith or any whit empeach the diuine prohibition or may neuer so little derogate from any matter which is defined concerning the Primacie of the highest Bishop Surely it is farre from me to suffer the ancient possessions of the See Apostolike to bee at any time encroched vpon by the wit or subtiltie of any man I doe therefore very humbly intreate your Amplitude that these so grieuous imputations against
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
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
praedecessoris nostri quae incipit Vnam Sanctam nullum volumus vel intendimus praeiudicium generari nec quod per illam Rex regnum regnicolae praelibati amplius Ecclesiae sint subiecti Romanae quà m antea existebant Sed omnia intelligantur in eodem esse statu quo erant ante definitionem prafatam That is Wee will not neither is it our purpose that any preiudice come vnto the King or the kingdome by that definitiue sentence and declaration of Pope Boniface the 8. of worthy memorie our predeccssour beginning thus Vnam Sanctam nor that by force thereof the King the kingdome and people aforesaid should be subiect to the Church of Rome more then formerly they were But that all things be vnderstood to be in the very some state as they were before the aforesaid definitiue sentence was giuen 93 Moreouer also this Examinate saith to the same purpose next before spoken of that besides the said Clement diuers other men of meaner calling haue beene bold to refell some of the arguments whereupon the said Constitution was built as Cardinall Bellarmine that of the two swords and diuers moe though this Examinate cannot now set down their words only he saith he is well assured that Huge Cardinalis doeth make a better exposition to this Examinates vnderstanding of the said place of Ieremie then Boniface did So as if it happen that the present Pope doe make any resolution against the said oath of Allegeance besides the exceptions taken before vnto it by this Examinate he further addeth how it may well come to passe that the next Pope will alter it and that in the meane time it may be as lawfull for graue and learned Catholickes to take exceptions vnto it as it hath beene for any other to empeach the said Constitution of Boniface or any part thereof But this Examinate doeth well hope that the present Pope in his great wisedome will preuent this course and approoue the graue iudgement of Petrus de Alliaco Cardinall of Cambray who in his Treatise of the Reformation of the Church of Rome offered to the Councell of Constance begun Anno 1414. doeth write in this sort In hoc non debet Pet. de Alliaco de reform Roma ecclesiae Papa aut eius Curia c. Herein as touching the Reformation of the body of the whole Church and of the particular Church of Rome the Pope or his Consistorie ought not to reiect the deliberation of a generall Councell because as the glosse 19. distinct super cap. Anastasius saith the Pope is bound to require a Councell of Bishops when any point of faith is to be handled quod non solum intelligo c. which I doe not onely vnderstand of the Articles of faith but of difficult matters that touch the vniuersall state of the faithfull Church which Archidiaconus 15. dist c. Sicut noteth where approouing the said glosse he addeth qòod nimis periculosum esset fidem nostram committere arbitrio vnius hominis that it were too dangerous a matter to commit our faith to the arbitrement of one man and that therefore the Pope in new and hard cases was accustomed to haue recourse to the deliberation of a Councell That it is a matter of great difficultie and importance and such as doeth very greatly concerne the whole Church whether the Pope will hold it fit to determine either generally that he hath no authoritie inspiritualibus or particularly that it is not lawfull for Catholickes in England to take the said oath of Allegeance this Examinate is out of doubt and is therefore so farre of the said Cardinals minde that neither of the said points are to be discussed and concluded without some great and mature deliberation 94 This Examinate being here demaunded whether he had seene a Booke lately come forth intituled A Treatise tending to mitigation towards Catholicke Subiects in England and amongst diuers things in it whether hee had considered of certaine words vsed by the Earle of Salisburie as they are set downe in the Preface of the said Treatise and of the Authour of that Booke his answere vnto them he confesseth in euery particular that he hath The Earles words are there cited thus that hee hath beene a long time sorie that some cleare P. R. his treatise tending to mitigation Praefat. pag. 20 explication of the Papall authoritie hath not beene made by some publike and definitiue sentence Orthodoxall c. that not onely those Princes which doe acknowledge this authoritie meaning the Popes might be secured from feares and ielousies of continuall Treasons and bloody assassinates against their persons but those Kings also which doe not approoue the same and yet would faine reserue a charitable opinion of their Subiects might know how farre to repose themselues in their fidelitie in ciuill obedience howsoeuer they seeme diuided from them in point of conscience 95 These words hauing bene in this sort laide before this Examinate after he had well marked both them and the answere vnto them hee was with some difficultie at the last induced to deliuer his iudgement as touching the said answere saying that hee liked very well of the first and third part thereof as touching the Popes authoritie so farre forth as it concerneth his power and charge to looke to all Christs sheepe without exception of great or small people or Potentates not onely for their instruction and direction in spiritualibus but likewise if neede require for their spirituall castigation by the censures of the Church interdiction and Excommunication not to bee decreed or published without iust cause graue and vrgent motiues and due forme also of proceeding by admonition preuention intercession and other like preambles prescribed by Ecclesiasticall Canons to be obserued 96 But as touching the second part of his answere this Examinate doubteth how it may either satisfie the said Earle or any other that is of sound iudgement For whereas the said authour faith that although there be a question betwixt the Canonists and the Catholicke diuines whether the Pope haue such an authoritie in temporalibus directly or indirectly as by them is disputed of and by this authour is briefly touched yet both parts doe fully agree that there is such an authoritie left by Christ in his Church for remedie of vrgent causes for that otherwise he should not haue sufficiently prouided for the necessitie thereof hee this Examinate doeth see and acknowledge the trueth and importance of the iust exceptions that are alreadie and may hereafter peraduenture be taken to that answere 97 For where the Earle of Salisburie wished some cleare explication of the Popes authoritie by some publicke and definitiue sentence the said authours answere is insufficient when hee saith that both parts viz the one defending the Popes authoritie directly and the other indirectly were fully agreed for the said authoritie c. but onely differed about the manner how and in what sort it was giuen vnto him by Christ which
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
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
and other commendable authors haue Card. Alanus in respon ad Iustitiam Anglicanam Sixtus Senens in bihliotheca Sancta S. R. cont Tho. Bell. R. P. cont Morton pag. 69. to the memorie of posteritie recorded in their writings Neither is there cause why any man should haue so much as the least suspicion that the sense aforesaid was admitted by the Magistrate to the intent to deface or impaire or despoile the dignitie Apostolicke Surely such apprehensions bred out of iealousie are for the most part deceitful Masters and beget feare where there is no feare But to pursue my intended course that also which is deliuered by the most Illustrious Cardinall Caietane in his answere to the Parisiens Caietan tom 1. tract 1. Apologiae parte 2. cap. 13. doeth concurre vnto my defence that either of these points may truely be determined concerning the Pope both that he hath a supreme power in matters temporall and that he hath not a supreme power in matters temporall because they are both of them true in a right understanding The affirmatiue is true in order to things spirituall the negatiue is true directly or as things temporall are considered in themselues So as there can no errour growe by either of the two decisions Thus saith he And this opinion likewise the best Catholicke writers haue inserted into their bookes viz. that the Pope forasmuch as hee is but of a finite and Alphons Mendoza in relectione de Regno Dominio Christi num 15. Petrus de Arragon quaest 67. art 1. bounded capacitie and is many times ignorant of the order and proportion of temporall things how they may make vnto a spirituall end is not therefore in an absolute manner to haue dominion ouer temporals but only after a limited and prescribed rule as he is able according to the measure of humane intelligence to discerne how temporals may be auaileable to things spirituall The same opinion doe I finde deliuered by another sound Catholicke author in these words That the Popes power in Temporals is limited and that he Ioan. Pedrezzanus in respons ad Veneros may not dispose of them but to a certaine proportion that is so farre as is necessarie for a spirituall end Seeing therefore the Popes power in temporals is in this sort tied and restrained why should we incurre so heauie a reproofe for affirming that the Pope hath not power to depose our King in as much as the perturbation of the Church and the ouerthrow of the Catholickes with vs in their goods and possessions and the indamaging of many soules were thereby like to ensue Let your Amplitude heare not mee but the defender of your owne assertion against the Venetians whose words are these The power of the highest Ioan. Pedrezzanus in Respons ad Venetos Bishop is limited that it may not dispose of temporals beyond the necessity of a supernaturall end To these also may be adioyned your most excellent Amplitudes own opinion In regard of the persons the Pope cannot as he is Pope Ioan. 5. de Rom. Pontif. cap. 6. by his ordinarie power though there be iust cause depose temporall princes in that manner as hee deposeth Bishops that is as their ordinarie Iudge but he may as the supreme spirituall prince alter kingdomes take them from one and giue them to another if neede so require for the sauing of soules Which wordes doe plainely strengthen our admittance of the Oath For the words of the oath are that the Pope hath not authoritie to depose the King or to dispose any of his Maiesties kingdomes or dominions And the common vnderstanding doeth with the Magistrate encline to no other conceit then to this The Pope as he is Pope for it cannot reach vnto that construction as he is the chiefe spirituall prince And when the oath is propounded to be taken the sense thereof apprehended by the Magistrate is restrained to an ordinary power For they who exhibite the oath are as farre as may be from any thought of an extraordinary or indirect power residing in the Pope Besides if your Amplitudes most mild disposition could but in the least part conceiue the ruines of Catholicke families which the refusall of this othe would bring vpon vs assuredly you would not dissent from vs who by most wofull examples doe finde that from thence were like to proceede not onely the losse and hazard of soules but the lamentable extirpation of the whole Catholicke state amongst vs. Sith therefore wee doe sensibly finde that the authoritie of the supreme Bishop touching the deposition of our King cannot tende to the promoting of Spirituall matters but to the ouerthrow of them why should wee be thus shaken vp as hauing reuolted from the Faith and denied the Primacie Apostolicke who mainteine nothing but what is generally concluded on amongst Diuines Suarez saith In summe all these temporals Suarez disput 16. de Excommun maior sect 1. Salmeron tom 4. 416. doe fall but indirectly vnder the power spirituall that is in order vnto a spirituall end And Salmeron Peters power is giuen onely to edification which in other words is vsually said The key not erring And speaking of the Popes power he saith If it tend to destruction it is not abilitie Idem ibidem pag. 420. or power but impotencie and defect wee can doe that which we can iustly doe Martinue Nauar. Relect. cap. Nouit de Iudic. notab 3. pag. 106. Aspilcueta treating of Ecclesiasticall power hath these words It shall therefore extend it selfe so farre vnto things temporall as the order of things supernaturall doth require and no further With these let Couarruuias bee ranged Couar tom 2. pag. 506. num 7. The resolution of this question is plaine that wee conclude the definition of the Catholicke Church euer reserued that the Bishop of Rome hath not either actually or habitually a temporall iurisdiction ouer the whole world no not ouer Christians themselues further then may be necessary for the more commodious and easie vse of the spirituall iurisdiction and power I might longer flote in this currant of learned men which doth plenteously flow out to my defence concerning the Oath For who so shall with an indifferent eye beholde the dangers we are in would easily find that the power of the supreme Bishop in the deposition of our King cannot as the case standeth tall within the compasse of any order to releiue things spirituall but breaketh forth to the suppressing of all which hath beene hitherto well setled in the same Whence it may appeare into how miserable a condition those ouer-heauie sharpe animaduersions doe cast me that through the subtilties of Sathan I did consent that the Primacie of the See Apostolicke should bee either openly or couertly shot at that the oath doth in this Realme tend to that end that the authoritie of the head of the Church might be transferred in England from the Successour of S. Peter vnto the Successour of Henry 8
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