A LARGE EXAMINATION TAKEN at Lambeth according to his Maiesties direction point by point of M. George Blakwell made Archpriest of England by Pope Clement 8. Vpon occasion of a certaine answere of his without the priuitie of the State to a Letter lately sent vnto him from Cardinall Bellarmine blaming him for taking the oath of Allegeance Together with the Cardinals Letter and M. Blakwels said answere vnto it Also M. Blakwels Letter to the Romish Catholickes in England aswell Ecclesiasticall as Lay. ¶ Imprinted at London by Robert Barker Printer to the Kings most Excellent Maiestie 1607. A COPY OF THE ACT OF M. BLAKwell his verifying and acknowledging of this his Examination c. Before his Maiesties Commissioners for causes Ecclesiasticall at Lambeth the first of February 1607. iuxta c. THis day Sir Thomas Crompton knight his Maiesties Aduocate did in the presence of M. George Blakwell exhibite into the Court foure seuerall writings The first was the originall letter it selfe as M. Blakwell confessed sent vnto him from Cardinall Bellarmine dated at Rome the xxviij day of September 1607. It was endorsed in this sort Admodum Reuerendo Domino D. Georgio Blacuello Archipresbytero Angliae and subscribed thus Reuerendae admodum D. V. frater seruus in Christo Robertus Cardinalis Bellarminus beginning with these wordes Venerabilis in Christo Domine frater Anni sunt ferè quadraginta quòd inuicem non viderimus c and ending with these words Vale viriliter age confortetur cor tuum The second was an answere of M. Blakwels to the said letter of the Cardinall written all of it with his owne hand and is the true copy he saith of that which he did send to the Cardinall the marginal quotations onely excepted which he confesseth he hath since added This letter beareth date the xiij of Nouember 1607. and beginning thus Doleo plurimùm quòd Illustrissima Amplitudo vestra de me propter Catholicam fidem incarcerato c. doeth thus end Nisi quod beatus Petrus aut soluerit aut ligauerit These two Letters did giue occasion of the other two writings exhibited the first whereof was an Examination of M. Blakwel taken at seuerall times by the Lord Archbishop of Canterburie as touching the particular points of his answere to the Cardinall and other necessary consequents thereupon depending It conteined 114. pages which were euery one of them subscribed vnto by M. Blakwell as he confessed with his owne hand it began in this maner He saith that because he perceiueth that diuers exceptions are taken against his late Letter c and ended with these words and therein he had his desire The fourth paper exhibited was a true copy as M. Blakwell acknowledged of a letter of his directed to all the Catholickes in England aswell Ecclesiasticall as Lay dated from the Clinke the xx of Ianuary 1607. It was thus endorsed To my reuerend Assistants with the rest of my deare brethren both of the Cleargie and Laitie and thus subscribed Georgius Blakwellus Archipresbyter Angliae Protonotarius Apostolicus The beginning of it was as followeth Very reuerend and my dearest beloued brethren both Priests and people Catholicke your seruant in bandes George Blakwell c and this was the end of it And confirme you in euery good worke and word And touching the contents both of his said Examination and letter exhibited into the Court as is aforesaid the same being shewed vnto him page by page subscribed with his owne hand as is aboue mentioned he did auow them to be true and that whatsoeuer is either in his said Letter or in his answeres throughout the course of his whole Examination to the questions matters propounded vnto him is agreeable to his conscience so farre forth as by his reading and learning hee is able to iudge And this he protested before God he had done simply and faithfully without any reseruations or euasions by any shifting or equiuocation either verball or mentall answering in euery thing according as he thought to the intent and meaning of his Examiner as if he had bene sworne agreeably to the rule of S. Bernard in the like case Quacunque arte verborum quis iuret Deus qui conscientiae testis est accipit sicut ille cui hoc iuratur intelligit and to that of S. Hierome Tantus in te sit veri amor vt quicquid dixeris iuratum putes And all the premisses hee acknowledged openly in Court and subscribed vnto them the day and yeere aboue written Georgius Blakwellus Archipresbyter Protonotarius Apostolicus Before vs R. Cant. Tho. London L. Cicestr James Mountagu Edw. Stanhop J. Bennet R. Swale Rich. Neile John King William Farrand CARDINAL BELlarmines Letter to the Arch-priest ¶ Admodum Reuerendo Domino Georgio Blacuello Archipresbytero Anglorum Robertus S. R. E. Cardinalis Bellarminus S. D. VEnerabilis in Christo Domine frater Anni sunt ferè quadraginta quòd inuicem non viderimus sed ego tamen veteris nostrae consuetudinis nunquam oblitus sum teque in vineâ Domini strenuè laborantem quando aliter non potui orationibus Deo commendare non destiti me quoque in tuâ memoriâ toto hoc tempore vixisse in tuis orationibus ad Altare Domini locum aliquem habuisse non dubito Ita igitur ad hoc vsque tempus non verbis aut literis sed opere veritate vt Sanctus Ioannes loquitur alter in alterius dilectione permansimus Sed hoc silentium rumpere coegit nuncius qui diebus istis de tuis vinculis carcere ad nos venit Qui quidem nuncius etsi tristis videri poterat ob iacturam pastoralis tuae sollicitudinis quam Ecclesia ista fecit tamen laetus quoque videbatur quoniam ad Martyrij gloriam quo dono Dei nullum est foelicius propinquabas vt qui tot annis gregem tuum verbo doctrinâ pauisses nunc exemplo patientiae gloriosiùs pasceres Verùm hanc laetitiam non mediocriter interturbauit ac ferè corrupit tristis alius nuncius qui de cōstantiâ tuâ in recusando illicito iuramento ab aduersarijs tentatâ fortè etiam labefactâ prostratâ successit Neque enim frater charissime iuramentum illud ideo licitum esse potuit quòd aliquo modo temperatum modificatum offerebatur Scis enim eiusmodi modificationes nihil esse aliud quà m Satanae dolos versutias vt fides Catholica de primatu sedis Apostolicae vel apertè vel occulté petatur pro quâ fide tot inclyti Martyres in istâ ipsâ Angliâ ad sanguinem vsque pugnârunt Certè enim quibuscunq verbis iuramentum ab aduersarijs fidei concipiatur in Regno isto eò tendit vt auctoritas capitis Ecclesiae à Successore Sancti Petri ad successorem Henrici octaui in Angliâ transferatur Quod enim obtenditur de periculo vitae Regis si summus Pontifex eam in Angliâ potestatem habeat
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
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
that Reges non possunt esse serui Soueraignes cannot bee vassals so it doth no way derogate from the high dignitie and calling of the Bishop of Rome but rather doth greatly aduaunce it to say that because hee cannot erre there are therefore many things which hee cannot doe For example euen in the point questioned as the Pope cannot determine it to be lawfull vnder any pretence whatsoeuer for a man to commit adultery with his neighbours wife no more can he determine it to bee lawfull vnder any pretence whatsoeuer for any of his Maiesties subiects to beare armes against him both of them being against the morall law of God which the Gospel doeth in no one point preiudice Nor as he cannot by any determination or resolution vpon any pretence whatsoeuer make a sonne to bee no sonne during the life of his father no more can he make the borne subiect of any king not to be his subiect so long as the king liueth 90 That he is also altogether of this opinion that whereas the defining of the Popes said vndetermined authoritie to depose kings c. standing vpon this issue that either he hath indeede no such authoritie at all or else that he hath it as being dominus temporalium directè the lorde of temporall things directly or as dominus temporalium in ordine ad spiritualia indirectè the lord of temporall things in an order vnto spirituall things indirectly forasmuch as such a determination must of necessity include the condemnation of the opinion either of Cardinall Bellarmine and of that strong side that taketh his part which may breede some further trouble or of Cardinall Baronius and those that ioine with him being many and increasing dayly more and more with great confidency that they haue the trueth which no doubt will bee found inconuenient considering that their positions doe much more tend to the honour of the Church of Rome then those that are mainteined as peremptorily by the other side he this Examinate is of this opinion as he saith that there will neuer be any such determination as hath bene obiected or at least that it will not bee for many yeeres yet to come whilest there is so strong opposition concerning the manner how and in what sort Christ gaue Saint Peter that authority if he gaue it him at all viz whether directly or indirectly immediatly or by a certaine consequence except it may bee held to be sufficient leauing both the sides mentioned contending amongst themselues without any certaine grounds firme reasons impregnable testimonies either of Scriptures or Ancient Fathers first agreed vpon by the Church and concluded so to define as is imagined which this Examinate is fully assured the Pope and Cardinals being men of such excellencie and wisedome will neuer attempt 91 That although it may peraduenture bee confidently giuen out as it hath bene vntruely by many already that the Pope to haue authoritie to depose kings c. is defined at Rome to be held as a point of faith thereby still to keepe on foote the ancient opinion since Gregorie the seuenths time of the Popes authoritie in that behalfe for the good of Christian kings and Princes that they might be the rather induced to continue in some awe and feare if they did not their dueties belonging to Christianitie yet hee this Examinate thinketh it very necessary that no Catholicke should giue any faith to that report except he may see the same authentically so confirmed and euident as the Canon lawes in a case of such importance doe require which this Examinate is fully perswaded they shall neuer see or that if any such thing should happen to fall out this Examinate is verily perswaded it will not bee a generall resolution touching the Popes authoritie to depose kings c but onely to the point in question nowe amongst Catholickes here in England that it is not lawfull to take the said oath of Allegeance and then this Examinate further saith that the same will bee built vpon this false ground that the oath of Allegeance doeth include the oath against the Popes supremacie in causes Ecclesiasticall as he foreseeth already by the Cardinals letter vnto him and by the said Cristanouic who hauing set down the said oth at large writeth thus Quod iuramentum De Primatu Regis in spiritualibus And what oath Of the kings Supremacy in causes spiritual that therfore if any such resolution come authentically as is aforesaid the same as all Catholickes are to iudge of the Popes sinceritie being procured by surreption and false suggestions ad destructionem to destruction no Catholicke is bound to be ouer-ruled by it but the same notwithstanding euery Catholicke may safely and lawfully take the saide oath of Allegeance if according to the Statute in that behalfe made hee be required so to doe 92 That also whatsoeuer may fall out at Rome either touching the said oath of Allegeance or the Popes authoritie in temporalibus without any mention of it therin whether he hath it directly or indirectly the same will not be more amply set out and declared then it was before by Boniface Bonifac. de maior obedientia vnam sanctam the 8. where he writeth in this sort In hac eiusdem potestate duos esse gladios spiritualem viz temporalem Euangelicis dictis instruimur Nam dicentibus Apostolis Ecce duo gladij hîc in Ecclesiâ scil cùm Apostoli loquerentur non respondit Dominus nimis est sed satis Certè qui in potestate Petri temporalem gladium esse negat malè verbum attendit Domini proferentis Conuerte gladium tuum in vaginam Vterque ergo est in potestate Ecclesiae spiritualis scil materialis That is We are warranted by the wòrds of the Gospel that in his power were two swords the one spirituall the other temporall For when the Apostles saide Beholde here are two swords meaning in the Church sith the Apostles spake it Christ replied not it is too much but it is enough Assuredly whosoeuer denieth that the temporall sword is in S. Peters power he doth not wel marke the speech of Christ saying Put vp thy sword into the sheath Therefore both swords are in the power of the Church as well the temporall as the spirituall And a little after Veritate testante spiritualis potestas terrena instituere habet iudicare That is Trueth it selfe testifying that the spirituall power is to order and to iudge earthly affaires according to the prophet Ieremies words Ego constituite hodie super gentes regna caetera quae sequuntur I haue set thee this day ouer nations and kingdomes c All which particulars notwithstanding for the setting out of that Constitution purposely made against the king of France Clemens the fift shortly after made another constitution to the empeachment of the former wherein he writeth thus Nos Regi regno per definitionem declarationem bonae memoriae Bonifacij Papae 8
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
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
in their times doe pretend Christ indeed and so also his Apostles went from place to place from citie to citie and from countrey to countrey preaching and planting the true Catholicke faith which containeth the doctrine of obedience to Kings and Soueraigne Magistrates And where there was one Christian then if there had bene a thousand and so proportionably for euery one neither Christ nor any of his Apostles would haue moued them to any armes or disobedience against the ciuill Magistrates although they were at that time very great persecutors and impugners of the Gospel The like may also be said for the ages succeeding when such going from place to place and preaching as doctor Stapleton speaketh of would of a certeintie haue beene vtterly condemned And how glad saith hee this Examinate should I haue beene if these kindes of positions now vrged vpon me had beene left to Buchananus and such of his followers as haue runne that race And therefore he humbly desired that he might be no further troubled with these vncatholicke and bloudie nouelties the same being most repugnant to the duety and office of a true Catholicke priest and the rather because his intermedling so much with them though hee could not wel choose except he should haue spoken against his conscience doeth tend more he feareth to his particular discredite then as many men doe now stand affected to any such religious vse or edification as this Examinate wisheth that all his words and workes might euer effect and attaine vnto 145 Here it being held conuenient to demand of him this Examinate whether he thought that vpon the occasion offered vnto him and charge laid vpon him in his Maiesties name to deliuer his conscience and iudgement as well in these last points propounded vnto him as likewise in all the premisses of this his Examination hee should by the discharging of his duety therein grow to any discredite either with priests or Lay Catholickes and not rather that if all he had deliuered should happen to be published it would procure him more fauour and greater reputation with them he answereth that of the last point the increase of his credite he hath small hope and that he hath alreadie felt some experience of the former in that there being but a suspicion alreadie cast abroad that he continueth in the iustification of the lawfulnesse to take the oath of Allegeance the very conceit of it before they be acquainted with that which hee hath said in this his Examination doeth much offend many as hee hath beene informed and as in his priuate estate he doeth very sensibly feele Neither can he as he saith expect from them any thing else but discontentment and grudging against him whiles the Popes Briefes procured by surreption and false suggestions as hee thinketh in his conscience doe preuaile so much with them or vntill it shall please God to abate the heate of some spirits and replenish all their hearts with true knowledge in these matters and with greater humilitie and patience then now he saith he can well boast of 146 Lastly forasmuch as it is most euident to his Maiestie and the State viz how the Catholickes in England doe now stand affected how they do generally dislike the oath of Allegeance how of late fewe of the Laitie in respect of the multitude will yeeld to take it how since the Popes Breues came ouer the priests all of them almost doe impugne it and disswade all Catholickes from taking of it and how they labour and trauaile hither and thither preaching and teaching that the Pope hath authoritie to depose his Maiestie to absolue his subiects from their oathes of Allegeance to authorize them thereupon to beare armes against him and to machinate all the mischiefe they can against his State and Person that although his Maiestie be not excommunicated by name yet by their doctrine hee standeth excommunicate in generall termes by sundry Bulles in that hee alloweth not of the Popes Supremacie c. and that therefore if opportunitie serue they may set on foote any wicked designement against him And furthermore how when they professe obedience vpon any occasion it is but dissembled and doth bind them no longer but vntill they shall be able by reason of their numbers and strength to encounter his Maiestie without any great daunger to themselues How there are many youthes daily sent ouer beyond the seas to become Priests and being Priests are euery yere sent backe hither of purpose to increase the number and strength of the said Catholickes And how all such Priests by vertue of their office are bound to draw as many as they can from their Allegeance to the King and vpon euery fit occasion to stirre vp his subiects to mutinie and rebellion as is aboue mentioned Forasmuch it was said as these points and many other such like are very euident and manifest it was earnestly demaunded of this Examinate hee being a man of yeeres mature iudgement and good discretion as hee was reputed by the Pope himselfe it seemeth and many others when he was made Archpriest of England and an Apostolicall protonotarie what course in his wisedome and conscience he thinketh fit his Maiestie and the State should holde being resolued in religion as they are to withstand those euils which of necessitie in time must ensue except either by punishments they be out of hand preuented or that the Pope doe himselfe reclaime both Priests and Catholicks from such inordinate tumultuous and traiterous courses giuing them libertie so as they reteine still their opinions of his pretended Supremacie in spirituall causes to take the othe of Allegeance that thereby they may secure his Maiestie and the State of their obedience dutie and fidelitie both towards him in all causes and matters temporall and towards their natiue Countrey 147 Vnto all which particulars this Examinate answereth that this is a matter farre aboue his reach that he knoweth his Maiestie to be a King endowed with many singular vertues amongst the which his mercie and clemencie are very eminent that his Maiestie and the State are exceeding prouident to preuent all dangers that the number of Priestes is nothing if it bee compared to the number of Ministers which are and so will continue here in England that there is no likelihood that so few Priests in respect of the said Ministers should euer bee able to draw so many to the Pope as they haue power and meanes to withhold men from him that hee hopeth if euer the Pope may be truely informed of the State of England hee will inforce all Catholickes to holde a dutifull temper towards their Prince that it may be that in short time the heate of all disordered inuentions will bee quenched that although men of youth and vigour delighting in nouelties are likely enough to continue a while heady yet hee hath some hope that the grauer sort will haue recourse to the ancient practise of the sincerest Catholickes that generally all the Catholickes in
question by this Oath but one of the principall heads of our faith and foundations of Catholicke Religion For heare what your Apostle S. Gregorie the Great hath written in his 42. Epistle of his 11. booke Let not the Reuerence due to the Apostolique See bee troubled by any mans presumption for then the state of the members doeth remaine entire when the head of the faith is not bruisedby any iniurie Therefore by S. Gregories testimonie when they are busie about disturbing or diminishing or taking away of the Primacie of the Apostolicke See then are they busie about cutting off the very head of the faith and dissoluing of the state of the whole body and of all the members Which selfe same thing S. Leo doeth confirme in his third Sermon of his Assumption to the Pope-dome when he saith Our Lord had a speciall care of Peter and praied properly for Peters faith as though the state of others were more stable when their Princes minde was not to bee ouercome Whereupon himselfe in his Epistle to the Bishops of Vienna doeth not doubt to affirme that he is not partaker of the diuine Mysterie that dare depart from the soliditie of Peter Who also saith that hee who thinketh the Primacie is to be denied to that See he can in no sort lessen the Authoritie of it but by being puft vp with the spirit of pride doeth cast himselfe headlong into hell These and many other of this kind I am very sure are most familiar to you who besides many other bookes haue diligently read ouer the Visible Monarchie of your owne Saunders a most diligent writer and one who hath worthily deserued of the Church of England Neither can you be ignorant that those most holy learned men Iohn B. of Rochester and Thomas More within our memorie for this one most weightie head of doctrine led the way to Martyrdome to many others to the exceeding glory of the English Nation But I would put you in remembrance that you should take heart and considering the weightinesse of the cause not to trust too much to your owne iudgement neither be wise aboue that is meete to bee wise And if peraduenture your fall haue proceeded not vpon want of consideration but through humane infirmitie and for feare of punishment and imprisonment yet do not preferre a temporal libertie before the libertie of the glory of the Sonnes of God neither for escaping a light and momentarie tribulation loose an eternall weight of glory which tribulation it selfe doeth worke in you You haue fought a good fight a long time you haue wel-neere finished your course So many yeeres you haue kept the faith doe not therefore loose the reward of such labours do not depriue your selfe of that Crowne of righteousnesse which so long agone is prepared for you Doe not make the faces of so many your both brethren and children ashamed Vpon you at this time are fixed the eyes of all the Church yea also you are made a spectacle to the world to Angels to men Doe not so carie your selfe in this your last Act that you leaue nothing but laments to your friends and ioy to your enemies but rather the contrarie which we assuredly hope and for which wee continually powre forth prayers to God Display gloriously the banner of Faith and make to reioyce the Church which you haue made heauie So shall you not onely merit pardon at Gods hands but a Crowne Farewell quite you like a man and let your heart bee strengthened From Rome the 28. day of September 1607. Your very Reuerend Masterships brother and seruant in Christ Robert Cardinall Bellarmine Endorsed To the very Reuerend Master George Blakwell Arch-priest of England M. BLAKWELS answere to Card. Bellarmines Letter ¶ Reuerendissime in Christo Pater Illustrissime Cardinalis Bellarmine DOleo plurimùm quòd Illustrissima Amplitudo vestra de me propter Catholicam fidem incarcerato tam duram conceperit mihi terribileÌ„ opinionem Hactenus per Dei gratiam ne in minimo quidem articulo fluctuâsse me memini qui certò definitè ad sublimem maiestatem summam authoritatem Sedis Apostolicae pertineret Quod ad iuramentum spectat fateor me illud suscepisse sed in eo sensu qui in Catholicorum scriptis probatus apparet nullâ labe temeritatis aspersus Sensus enim meus ter repetitus acceptus à Magistratu iam etiam publicè typis propagatus hic est Summum Pontificem non habere imperialem ciuilem potestatem ad libitum ex suo appetitu deponendi nostrum Regem Talem potestatem Catholici Theologi nunquam tribuerunt Sanctissimo Diui Petri successori vt Illustrissimus bonae memoriae Cardinalis Alanus alij non contemnendi Card. Alanus in Respons ad Iustatiam Anglicanam Sixtus Senens in Bibliotheca Sancta S. R. cont Tho. Bell. R. P. contra Morton pa. 69. scriptores in monumentis suis ad posteritatis memoriam notauerunt Neque est cur quisquam vel minimam suspicionem habeat illum sensum admissum esse à Magistratu deformandae causâ aut imminuendae aut spoliandae dignitatis Apostolicae Certè tales ex suspicione nati conceptus sunt plerunque fallacissimi magistri faciunt timorem vbi nullus est timor Sed vt pergam quam institui tenere viam Illud etiam ad defensionem meam accedit quod positum est ab Illustrissimo Cardinale Caietano Caietan tom 1. tract 1. Apologiae part 2. cap. 13. in responsione suâ ad Parisienses quòd vtrumque verè determinari possit de Papâ quòd habet supremam potestatem in temporalibus quòd non habet supremam potestatem in Temporalibus quoniam vtrumque verum est ad sanum intellectum Affirmatio namque est veâ—â— in ordine ad spiritualia negatio verò est vera directè seu secundùm seipsa temporalia Vnde nihil ex vtraque decisione erroris accidit Haec ille Illam etiam sententiam in libros suos praestantissimi Alphons Mendoza in relectione de regno dominio Christi num 15. Catholici scriptores coniecerunt videlicet ad summum Pontificem cùm finitae limitatae sit capacitatis multoties ipsum lateat ordo proportio rerum temporalium Petrus de Arragon quaest 67. art 1. in finem spiritualem ideo ad ipsum nequaquam spectare omnibus modis rerum dominari sed solùm iuxta taxatum praefinitum Canonem quo secundùm humanum intelligentiae modum ipse Papa dispicere valet quâ viâ temporalia spiritualibus deseruiant Atque eandem sententiam lego ab alio scriptore valdè Catholico hisce verbis expressam In temporalibus Pontificis potestatem esse limitatam Ioan. Pedrezzanus in resp ad Venet. de illis posse disponere vsque ad certam quandam mensuram videlicet quatenus finis spiritualis exigat Cùm ergo ad hunc modum arcta astricta sit
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
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
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