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
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
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
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
Papali cap. 13. France except that which Zacharie did in the deposition of Hildericus may bee expounded deposuit id est deponentibus consensit sicut exponit glossa Zacharie deposed the King that is hee gaue his consent to those that did depose him as the glosse doth expound it that from such singular facts of deuotion to the Church or to the person or of fauour or for some other cause and not in right of law arguments may not bee made that whereas it is read in histories that Boniface obtained of Phocas the Emperour that the Church of Rome should be the head of all Churches because the Church of Constantinople did write herselfe so it might bee collected by such a like argument that it appertained to the Emperour to transferre the primacie of one Church to another as likewise whereas Isidore saith that Constantine the Emperour did decree that the See of Rome should hold the principalitie ouer the foure chiefe Sees Antioch Alexandria Constantinople and Hierusalem God forbid that thereupon we should say that the Church of Rome hath her Primacy ouer Churches and the disposition of them from Emperours So as this Examinate saith that which was done as touching the deposition of Hildericke the king of France doth no way alter his opinion before shewed touching the Popes authoritie in temporalibus casualiter when they are lawfully referred vnto him as in the Sect. 113. he hath specified 120 Here this Examinate was put in minde of certaine wordes of his in the said 113. Section where saying that the Pope as hee is Christs vicar could not otherwise deale in temporalibus casualiter then as here he hath said he seemeth to insinuate that in some other respect hee might deale in temporall causes with Kings for the deposing of them and proceeding with their subiects as hath bene before diuers times mentioned And the rather it so seemeth in that he hauing before cited out of Mancinus how the Pope hath authoritie to proclaime warre and so become a man at armes did let that point passe him without answere vnto it 121 For satisfaction whereof this Examinate saith that in his iudgement it is as lawfull for the Pope to make warre within his own Territories which he holdeth as a Temporall Prince when he is driuen thereunto through the disobedience of his subiects or in their defence against other Princes as it is for any King or ciuill State so to doe vpon such or the like occasions and that Iacobus Gretzerus saith well if this Examinate doth rightly vnderstand him to this purpose and to the iustification of all in effect which this Examinate hath set downe throughout the whole course of this his Examination touching his deniall of the Popes authoritie either directly as he is Pope or indirectly in ordine ad spiritualia as he is Summus Princeps spiritualis the Supreme spirituall Prince to depose Kings and release their subiects from the oathes of their allegeance c. where he writeth in this sort Cogit Pontifex Romanus poenis externis spiritualibus vt Excommunicatione Gretzerus defens controuers Bellar. colum 1404. item poenis externis temporalibus corporalibus quà ipse est Princeps politicus quà Principum politicorum opem implorare potest vt haereticorum petulantiam licentiam poenis temporalibus compescant that is That the Bishop of Rome hath authoritie to compell men by outward spirituall punishments as by Excommunication and also by outward temporal and corporal punishments as he is himselfe a ciuill Prince and as he may implore the assistance of other ciuill Princes that they may represse by temporall punishments the wantonnesse and liberty of heretikes 122 And this Examinate also further saieth that for ought he can Iudge whereas some exceptions were taken to the Popes sending of certaine small forces into Ireland about the yeere 1580. to assist the Earle of Desmond Cardinall Allen in answere of them doth politically iustifie that his fact where hee writeth in this manner The chiefe Bishops of Christs Church our supreme Pastors in earth by Gods prouidence and by the graunts of Card. Allens answere to the English Iustice pag. 144. our first most Christian Emperours and Kings and by the humble and zealous deuotion of the faithfull Princes and people afterwards haue their temporall states dominions and patrimonies whereby they most iustly holde and possesse the same and are thereby lawfull Princes temporall and may most rightfully by their Soueraigntie make warres in their owne and other mens iust quarrell as occasion shall vrge them there vnto 123 By reason of diuers particulars deliuered by this Examinate in this his answere to the last doubt propounded vnto him it was first demanded of him whether in his iudgement the Pope hath authority to command any king being held for a Catholicke to take armes against any his neighbour kings deemed by him for heretickes for the suppressing of them by temporall coertions when the Pope shall iudge it fit because it might seeme very strange for any man to conceiue that Christ euer gaue to S. Peter any iurisdiction authoritie or power in fauour of religion to set kings together by the eares It might haue some probabilitie that if a king who disalloweth of the Popes supremacie and of many other corrupt points of popish doctrine should send his forces into any other temporall princes dominions to make warres of purpose to abolish the Popes authoritie and plant there the reformed religion by him professed then in this case the Pope might sollicite some other kings adioyning to oppose them selues make warres against him But to imagine that when a King proceedeth no further then to order matters in his owne kingdome by the aduise of the States thereof both Ecclesiasticall and Temporall as it shal be iudged by him and them most expedient any Bishop or Spirituall person whosoeuer may take vpon him to proclaime or excite warre and thrust other kings to assaile him by force in his owne kingdome and countrey euery such conceit wanteth authoritie in the new Testament and hath no example for many yeeres in the purest and best times of the Church and besides it is repugnant to that which this Examinate hath before deliuered For kingdomes being neither founded vpon faith nor grace how can they be shaken vnder pretence that either of them is impugned Christianitie may well be thought to binde a king who reckoneth himselfe subiect to the Bishop of Rome in spirituall causes in them to submit him selfe vnto him but to command him to make warre and thereby hazard peraduenture his owne kingdome or spend the blood either of his owne Subiects or of the subiects of any other Christian King when the Pope thinketh good is a very bloodie and an vnchristian opinion 124 Vnto this question and the parts thereof this Examinate saith that he beleeueth that all Christian Kings and Princes are bound to doe what they can for the maintenance of the Catholicke faith
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
Blakwell to frame his owne answeres according to his owne minde to offer vnto his further consideration sundry other speeches of his said authors and some others of the like authoritie the same being as pertinent to his purpose as the former by himselfe alledged where they say as followeth 27 That the supreme Iurisdiction temporall Franc. Bozius de temporali Ecclesiae Monarchia lib. 1. cap. 3. fol. 52. Idem lib. 1. cap. 7. fol. 98. throughout all the world doeth belong to S. Peters successors so as one and the same is the Hierarch and Monarch in all things That Christ left the Church to be gouerned by the best forme of gouernment but the best forme of gouernment is the absolute Monarchie euen in all temporall things therefore Christ left his Church so to be gouerned That the keyes of heauen Idem lib. 2. cap. 14. Idem lib. 3. cap. 1 fol. 394. were giuen to Peter therfore of all the earth That the right of dominion and prelation of infidels may iustly by the sentence and ordination of the Church be taken away because Infidels by reason of their infidelitie do deserue to lose their power ouer the faithfull That the Church hath receiued that power ouer Idem ibidem cap. 14 fol. 530. nations which Christ according to his humane nature receiued of the Father but Christ receiued absolutely of the Father all power in temporalibus therefore the Church likewise receiued it by participation of his fulnesse That the supreme power coactiue in all Idem ibidem cap. 16. fol. 537. temporall things belongeth to Ecclesiasticall persons by the diuine lawe reuealed and expressed in the Scriptures That kings anointed with holy oyle are called Idem fol. 676. Idem lib. 5. fol. 823. as vassals of the Church That by reason of the supreme Monarchie in all things temporall lawes may be made by the Church and kingdomes taken away for iust causes 28. That kings and principall Seculars are not immediatly of GOD but by the interposition of holy Tho. Bâ—zius de iure status lib. 1. cap. 6. fol. 37. Idem ibidem fol 52. Idem lib. 3. cap. 5. fol. 277. Church and of her chiefe Bishops That warlike and militarie compulsiue power is giuen to the Church ouer kings and princes That if it be found sometimes that certaine Emperours haue giuen some temporalties to the highest Bishops as Constantine gaue vnto Syluester this is not to bee vnderstood that they gaue any thing which was their owne but restored that which was vntustly and tyrannically taken from the said Bishops That Christ committed to Saint Peter the carrier of the keyes of eternall life the right both of the Idem lib. 4. cap. 1. fol. 319. terrene and celestiall Empire as Pope Nicholas saith from whom we haue it that he is without doubt an hereticke that taketh away the rights of the terrene and celestiall Empire committed by Christ to the Church of Rome and saith it is lawfull so to doe and for that he shall be an hereticke in such his assertions 29 That the Pope is called vniuersall iudge king Isidor Mosc de maiest militant Ecclesiae pag. 27. Idem pag 77. Idem pag. 95. of kings and lord of lords That the Pope is consecrated as the great Priest and crowned as a king because he hath both powers That the Pope doeth vse his power after two sorts either absolutely or ordinarily absolutely when he derogateth from lawes in abolishing them ordinarily when he vseth lawes Whence this rule is giuen that the Pope vseth the Counsell of his Cardinalles when he will liue by his lawes But if hee will vse the plenitude of his power then he disposeth of matters without the Counsell of his Cardinals sith his power is of God and not of the Colledge of Cardinals That not onely all faithfull people but likewise Infidels Idem pag. 96 and euery naturall creature is subiect to the commandement of the Pope he is to bee worshipped of all men and for this cause he receiueth of all the faithfull adorations prostrations and kissings of his feete That Idem pag. 92. vnto the Pope as to the Pastor of the Church and the Bishop of that holy See and by reason of his Dominion and excellencie is giuen adoratio duliae the worship giuen to Images and Saints That the Bishop of Idem pag. 99. Rome in signe of his Empire and kingdome doth vse vpon his head a Regall Diademe and in token of his Priesthood and Pontificall Maiestie a Miter That Idem pag. 677. Emperors and Kings may bee compelled to keepe their oathes taken in their coronation and confirmation in that by vertue of such an oath they are made the Popes subiects 30 That by the law of God and nature the Priesthood doeth ouer-top the Empire and both Iurisdictions Henrie Gandauen apud Carer pag. 128 ouer spiritualties and temporalties and the immediate execution likewise of them both depend vpon the Priesthood both by the law of God and of nature That Antoninus apud Carer pag. 130. they which say the Pope hath dominion ouer all the world in spiritualties but not in temporalties are like the Counsellers of the king of Syria who said The Gods of the mountaines are their gods and therefore they haue ouercome vs let vs fight with them in the plaines and valleyes where their gods dwel not and we shall preuaile against them 3. Reg. 20. That the sonne of God hath declared the altitude of the Ecclesiasticall power being as it Aug. Triumph apud Carer pag. 130. were founded vpon a rocke to be aboue all principalitie and power that vnto it all knees should bee bowed of things in heauen in earth and vnder the earth or in Idem ibidem pag. 132. hell That secular powers were not necessarie but that Princes might performe that through terrour of discipline which the Priest cannot effect by power of doctrine and that therefore if the Church could punish euill men Imperiall and secular principalitie were not necessarie the same being included potentially in the principalitie Apostolicall 31 That there are diuers powers of men giuen by Carer de pot Rom. Pont. pag. 142. God and diuerse authorities all which doe depend vpon the highest authoritie meaning the Popes and thence as the starres from the sunne doe receiue their light That the Imperiall power concerning the administration Idem pag. 145. of temporall matters doeth proceed from the Pontificall power as the light of the Moone doeth from the light of the sunne That as God is the supreme Idem pag. 150. Monarch of the world and the gouernour of all temporalties productiuè gubernatiuè by producing and gouerning them though of himselfe he be not temporall and of the world so it must be confessed that although his Vicar the Pope hath originally and of himselfe the dominion ouer all temporalties yet he hath it not by immediate execution but doeth by his
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