of murthering them for hitherto he hath so cleared the difficulty as you haue seene that I could not haue desired more cleare and fit examples of propositions to confirme my interpretation of those words deposed or murthered then which he himselfe hath brought to impugne it Thus therefore he writeth r Nu. 14. 15 16. 55. But to cleare all this difficulty and to make it manifest that the doctrine of the deposition of Princes is abiured in the Oath as impious and hereticall no lesse then the supposed doctrine of murthering them I shall need no other testimony or proofe thereof then such as may be taken from the Oath it selfe considered euen according to those rules which Widdrington himselfe hath laid downe for the interpretation of it in the very first chapter of his Theological disputation Å¿ Nu 7. where he professeth to approue follow the doctrine of Suarez t Lib. 6. de leg cap. 1. in that point as being conforme to the common opinion of Lawyers and Diuines Now then he teacheth there out of Suarez that if there be any doubt or question concerning the sense of a law or any part thereof three thinges are specially to be pondered for the exposition of it to wit the words of the Law the minde or intention of the Law-maker and the reason or end of the Law and the same he saith are also to be considered for the clearing of any difficulty or doubt in the Oath 56. As for the words of the Law and consequently of the Oath he saith that they are to be vnderstood according to their proper and vsuall signification and the reason is saith Suarez because words are so to be vsed in common speech and much more in Lawes which ought to be cleare but it is euident that the words of the clause now in question being taken in their vsuall and proper signification doe make clearely for vs wherein I dare bouldly apâ—eale to the iudgement of any discreet Reader for albeit such a sense as Widdrington imagineth may be picked or rather wringed out of thâ—se words yet no man at the first sight will or can reasonably conceiue any thing else thereby but that either part of the disiunctiue clause is abiured alike 57. For although the coniunction or is sometimes taken for a copulatiue yet it is commonly a disiunctiue and hath that signification diuers times euen in this oath as any man may see that list to obserue it As for example to omit all the rest which might be vrged to this purpose the very next words before deposed or murthered are excoÌ„municated or depriued wherein it is cleare that or hath the ordinarie and proper signification of a disiunctiue giuing to vnderstand that whether Princes be onely excommunicated or depriued also of their right to their States by the Pope it is impious and hereticall doctrine to teach that they may be either deposed or murthered Also the same is to be noted in the words immediatly following to wit by their Subiects or any other wherein it is signified that neither Subiects nor yet any other may depose or murther Princes excommunicated or depriued by the Pope and the like may bee exemplified in the other clauses of the Oath at least thirty times for so often I doe find the coniunction or therein and alwaies vsed properly for a disiunctiue as also I dare say it is vsed in like maner and in the same sense aboue a hundred times in the same Statute Thus M. Fitzherbert 58 Now you shall see how well he hath cleered this difficulty His Argument if it bee reduced to a syllogisticall forme is this The words of euery law and consequently of this Oath are according to Suarez whose doctrine I approue heerein to bee taken in their proper and vsuall signification but those words deposed or murthered c. according to their proper and vsuall signification doe signifie that the supposed Doctrine of murthering Princes and of deposing them is abiured alike therefore in the aforesaid clause I abhorre detest and abiure c. the doctrine of deposing and of murthering Princes which bee excommunicated c. are both abiured as hereticall The Minor hee proueth two wayes first by appealing to the iudgement of euery discreet man who at the first sight can reasonably conceiue nothing else but that either part of that disiunctiue clause is abiured alike Secondly for that although the Coniunction or bee sometimes taken for a copulatiue yet it is commonly a disiunctiue and hath the ordinary and proper signification of a disiunctiue and in this oath wherein it is found at least thirty times and in the same statute aboue a hundred times it is alwaies vsed properly for a disiunctiue coniunction 59 But first obserue good Reader those words of my Aduersary the supposâ—d doctrine of murthering Princes For a little beneath u hee affirmeth that murder implyeth alwaies an vnlawfull act yea and a mortall sinne whereby hee doth seeme to insinuate that the Oath speaketh onely of murther in this sense and supposeth that some Catholikes doe teach that it is lawfull to murther Princes as murther implyeth an vnlawfull act whereas no Catholike can bee so ignorant as to imagine much lesse to teach that it is lawfull to doe an vnlawfull act or to commit a mortall sinne seeing that God himselfe cannot giue authority to murther any man as murther implyeth an vnlawfull act or a mortall sinne Neither did his Maiesty and the Parliament take murther only in this sense but by the word murthered they vnderstood that all killing of Princes excommunicated or depriued by the Pope was directly and absolutely an vnlawfull act and they did suppose that some Catholikes taught this doctrine that the Pope in order to spirituall good might giue leaue to take away the liues of wicked and hereticall Princes by all those waies either publike or secret and vnawares by which temporall Princes in order to temporall good haue authority to take away the liues of rebellious subiects who either cannot at all or at least cannot without great preiudice to the publike good of the State bee publikely apprehended or condemned 60 And I would to God that this doctrine were onely a supposed doctrine and had neuer beene taught or approued by any Catholike But alas it cleerely followeth from the doctrine and grounds for the Popes power to depriue Princes of all their temporall right and authority as I most euidently did demonstrate in my Apologie x nu 43. seq to which my Argument D. Schulckenius y Pag. 144 I answer saith hee that so many wordes are needlesse for whither al these doe tend euery man seeth neither is it hard to solue the Arguments let them passe as not making to the matter onely answereth with a transeat or let it passe as impertinent to the matter and the same is sufficiently confirmed by the same D. Schulckenius z Pag. 413. 4â—0 in other places of his booke and before him
Hir and Hir Dominions they thought themselues not onely bound in câ—â—â—cience not to obey this or any such like Censure but also did promise to yeeld vnto hir Maiestie all obedience in temporalls 2 Now it is euident that this their protestation which I did at large set downe in my Appendix to Suarez b Part. 2. sec 1. can no way be iustified but vpon supposall that the Pope had no authoritie to depose the Queene For if hee had authoritie to depose Hir Shee being then by the Popes sentence depriued of all hir Regall authoritie power and Soueraigntie could not haue as they professed as full authoritie power and Soueraigntie ouer theÌ„ and all the Subiects of the Realme as any of hir Predecessours euer had before Neither also could they although Shee had not been then deposed lawfully promise as out of Suarez I will convince beneath c Num 7. 8. that notwithstanding any authoritie or any Excommunication whatsoeuer either denounced or to be denounced against hir Maiestie or any borne within hir Maiesties Dominions they would neuerthelesse yeeld vnto hir Maiestie all obedience in temporalls thinking themselues bound in conscience not to obey this or any such like Censure vnlesse they did suppose that the Pope had no power to depose hir Maiestie or to absolue hir Subiects from their obedience 3 And if perchance any of those Priests should now be of opinion that the Pope hath power to depose Princes and to excuse his former protestation should answer that hee onely intended to acknowledge hir Maiestie to be at that time Queene and to reigne de facto but not de iure besides that he should shew himselfe to be an egregious dissembler equiuocatour and deluder both of hir Maiestie and also of his Holinesse and should therefore deserue to be greatly punished both for deluding the State in a matter of so great weight and also for bringing Catholike Religion in obloquie among Protestants by such detestable dissimulation not to call it flat lying and cosoning which ought to be abhorred of all men â—â—â—t especially Catholike Priests who both by their words and deeds ought to be a patterne to others of Christian sinceritie this Answer can not stand with the words which he protested 4 For first marke the Preamble to their Protestation which clearely confuteth the aforesaid answere Whereas say they it hath pleased our dread Soueraigne Lady to take some notice of the faith and loyaltie of vs her naturall borne Subiects Secular Priests as it appeareth in the late Proclamation and of her Prince-like clemencie hath giuen a sufficient earnest of some mercifull fauour toward vs being all subiect by the lawes of the Realme to death by our returne into the Country after our taking the Order of Priesthood since the first yeere of hir Maiesties reigne and onely demandeth of vs a true profession of our Allegiance thereby to be assured of our fidelitie to hir Maiesties Person Crowne Estate and dignitie Wee whose names are vnderwritten in most humble wise prostrate at hir Maiesties feete doe acknowledge our selues infinitely bound vnto hir Maiestie therefore and are most willing to giue such assurance and satisfaction in this point as any Catholike Priests can or ought to giue vnto their Soueraignes First therefore we acknowledge the Queenes Maiestie to haue as full authoritie power and Soueraigntie ouer vs and ouer all the Subiects of the Realme as any hir Highnesse Predecessors euer had and further we protest c. 5 Now were it not an intollerable deluding and mockerie for any of those Priests this Preamble considered to affirme that by the aforesaid words hee did onely intend to acknowledge her Maiesty to bee Queene and to raigne de facto but not de iure was this the notice that her Maiesty tooke of the faith of Secular Priests rather then of Iesuites and did her Maiesty by those words and onely demandeth of vs a true profession of our Allegeance thereby to bee assured of our fidelitie to her Maiesties person Crowne Estate and Dignitie demand of them that thay should acknowledge her to be Queene onely de facto but not de iure And can Catholike Priests of other Countries giue to their Soueraignes no other assurance of their loyalty then onely to acknowledge them to bee their Kings and to raigne ouer them de facto but not de iure as these Priests did acknowledge themselues to bee most willing to giue such assurance and satisfaction in this point vnto her Maiesty as any Catholike Priests can or ought to giue vnto their Soueraignes No man could make doubt but that shee was Queene and did raigne de facto and so much the whole Christian world and her sworne enemies could not but acknowledge So that according to this shamelesse answer those Priests did giue no other assurance of their loyaltie to Queene Elizabeth then any man might giue to a knowen and manifest vsurper and by those words to haue as full authoritie power and Soueraignty as any her Predecessours euer had did acknowledge her to haue no other power and authoritie then any knowen vsurper hath and which her knowen enemies and who accounted her no lawfull Queene would also acknowledge her to haue that is to be Queene and to raigne de facto but not de iure 6. Secondly although one may truely acknowledge an vsurper to be King and to raigne de facto for that this doth onely imply an act fact or possession which may bee without any right at all yet no man can truely acknowledge that an vsurper or who is King de facto onely and not de iure hath authority which doth import a rightfull and lawfull power to raigne and much lesse to haue as full authoritie and power as euer any his Predecessours euer had who were Kings and raigned not onely de facto but also de iure or which is all one did both actually raigne and also had full power and authority to raigne 5 Thirdly not onely the aforesayd acknowledgement that her Maiestie being at that time depriued by the Pope had neuerthelesse as full power and authoritie as any her Predecessours euer had before doth necessarily suppose that the Pope had no authoritie to depriue her but also although shee had not beene at that time depriued by the Pope the other clause of their protestation which contained a promise to obey her in all temporal causes and to defend her c. accounting it their dutie so to doe notwithstanding any authoritie or any Excommunication whatsoeuer denounced or to be denounced against her Maiestie or euerie one borne within her Maiesties Dominions that would not forsake the aforesayd defence of her Maiestie c. thinking themselues not bound in conscience to obey this or any such like Censure doth necessarily suppose and imply the same to wit that the Pope had no authoritie to depose her which Fa. Suarez arguing against the like clause contained in the new Oath of Allegeance doth most cleerely conuince whose
against the said Queene she was their true and lawfull Queene and that they did owe vnto her obedience and allegiance as to their lawfull Prince And Nicholas Harpesfield answered more plainly and distinctly that notwithstanding the aforesaid Bull sentence and declaration of the Pope or any other already denounced or hereafter to be denounced by the Popes authority he did acknowledge her to be his true Queene and was to be obeyed as a true Queene and had as ample and full Regall authoritie in all ciuill and temporall causes as either other Princes haue or her most noble Progenitours euer had The like also M. Edward Rishton and M. Henry Orton both learned Priests did answere 13. But M. Iames Bosgraue a learned Iesuite in his declaration made in the yeare 1582. did more plainly and fully set downe his opinion concerning the power it selfe to depose that he did thinke and that before God that the Pope hath no authoritie neither de facto nor de iure to discharge the Subiects of the Queenes Maiestie or of any other Christian Prince of their allegiance for any cause whatsoeuer and that he was inwardly perswaded in his conscience that the Queenes Maiestie both is his lawfull Queene and is also so to be accounted notwithstanding any Bull or sentence which the Pope hath giuen shall giue or may hereafter giue and that he is readie to testifie this by Oath if neede require Mr. Iohn Hart also a learned Iesuite in his conference with M. Rainolds in the tower in the yeare 1584. and in his Epistle to the indifferent Reader did answere as effectually As for that saith he which M. Rainolds affirmeth in one place h Chap. 7. diuis 7. that I haue tould him that my opinion is the Pope may not depose Princes indeede I tould him so much And in truth I thinke that although the spirituall power be more excellent and worthy then the temporall yet they are both of God neither doth the one depend on the other Whereupon I gather as a certaine conclusion that the opinion of them who hold the Pope to be a temporall Lord ouer Kings and Princes is vnreasonable and vnprobable altogether For he hath not to meddle with them or theirs ciuilly much lesse to depose them or giue away their Kingdomes that is no part of his commission Hee hath in my iudgement the Fatherhood of the Church not a Princehood of the world Christ himselfe taking no such title vpon him nor giuing it to Peter or any other of his disciples And that is it which I meant to defend in him and no other soueraigntie 14 Mr. Camden also relateth In Annalibus rerum Anglic. c. pag. 327. ad ann 1581. that when Fa Campian and diuers other Priests were demanded by the Magistrate whether by the authoritie of the Bull of Pius Quintus hir Maiesties Subiects were absolued from their oath of allegiance in such sort that they might take armes against hir Maiestie whether they did thinke hir to be a lawfull Queene whether they would subscribe to the opinion of D. Sanders and Bristow touching the authoritie of that Bull whether if the Pope should make warre against the Queene they would take his or hir part Some answered so ambiguously some so headily others by wrangling k â—â—rgiuersando or by silence did shift off the questions so that diuers plaine dealing Catholikes began to suspect that they harboured some treachery and one Iames Bishop a man deuoted to the Pope of Rome did write against these men and did soundly shew that Constitution which is obtruded in the name of the Councell of Lateran whereon all the authoritie to absolue Subiects from their Allegiance and to depose Princes is grounded was no other then a decree of Pope Innocent the third and neuer receiued in England yea and that Councell to be none at all nor any thing there decreed at all by the Fathers By all which it is euident that few English Catholikes were of opinion that the Pope hath power to depose Soueraigne Princes vntill these later Iesuites and such as adhered to their opinions began to defend so eagerly the Bull of Pius Quintus and to maintaine with such vehemencie his aforesaid authoritie to depose Princes as a point of faith which doctrine how preiudiciall it hath been and is at this present to Catholikes and Catholike Religion I leaue Catholike Reader to thy prudent consideration Chap. 6. Wherein the authoritie of the Kingdom and State of France is at large discussed 1. THe sixt and last testimonie which I brought in my Theologicall Disputation a Cap. 3. sec 3. num 12. and also in my Apologie b Num 30. seq and which onely if there were no other would suffice to proue that the doctrine for the Popes power to depose Princes is not a point of faith was taken from the authoritie of the most noble and most Christian Kingdom and State of France which euer held the contrarie to be the more true sound and assured doctrine And first to omit the authoritie of Iacobus Almaine a famous Schoole-Diuine of Paris whereof I spake before who affirmed that very many or most Doctors were of opinion that the Pope hath not by the institution of Christ authoritie to inflict temporall punishments no nor so much as to imprison much lesse to depriue Princes of their Kingdomes or liues in a generall Parliament or assembly of all the States of France held at Paris in the yeare 1593. the Cardinall de Pelleue and other Prelates who then were present tooke exceptions against certaine decrees of the Councell of Trent which Laurentius Bochellus relateth among which that of the 25. session chap 19. wherein the Councell forbiddeth Kings to permit single combats was one The Councell of Trent say they doth excommunicate and depriue a King of the Cittie or place wherein he permitteth to fight a single combate This article is against the authoritie of the King who can not be depriued of his temporall Dominion in regard whereof he acknowledgeth no Superiour at all 2 Secondly Petrus Pithaeus a man as Posseuine the Iesuite relateth truly learned and a diligent searcher of antiquitie in his booke of the liberties of the Church of France printed at Paris by authoritie of the Parliament in the yeare 1594 doth out of a generall maxime which France as he saith hath euer approued as certaine deduce this particular position That the Pope can not giue as a prey the Kingdome of France nor any thing appertayning therevnto neither that he can depriue the King thereof nor in any other manner dispose thereof And notwithstanding any admonitions Excommunications or Interdicts which by the Pope may be made yet the subiects are bound to yeeld obedience due to his Maiestie for temporalls neither therein can they be dispenced or absolued by the Pope 3 Mark now good Reader what silly shifts D. Schulckenius hath found out to repell the aforesaid authorities To the
first hee answereth c Pag. 121. ad num 31. that it is not credible that the Cardinall of Pelleue and the other Prelates should affirme that which Bochellus relateth For the Councell of Trent saith he doth not decree that Princes are absolutely depriued of the Cittie and place wherein they shall permit single combat but with a restriction that they are depriued of the Cittie fort or place which they hold of the Church or which they hold in fee farme Therfore the Councell doth not speake of the King of France or other absolute Kings vnlesse Bochellus will haue the Kingdome of France to be giuen to the Kings by the Church or that the King is not a direct Lord but a feudarie Therefore it had been great imprudence and malignitie to depraue so spitefully the words of the sacred Councell as Bochellus hath depraued which ought not to be presumed of the Cardinall of Pelleue and of the other Prelates 4 But truly it is not credible that Bochellus durst presume to commit so great and publike a forgerie as to falsifie the Records of the highest Court of Parliament and assembly of the three States of the Land especially printing his booke at Paris where without doubt he should not want men both to finde out easily and also to punish seuerely so great a forgerie and withall affirming that those articles were extracted out of the Register of the assembly held at Paris in the yeare 1593 and putting downe such particular circumstances as naming not only the day of the yeare but also of the moneth to wit the 19. of Aprill when the Lord Abbot of Orbais did on the behalfe of the Lord Cardinall of Pelleue bring a coppie of them c. and setting downe all the articles in French whereas the maine corps of his booke was Latin 5 Neither is the reason which D. Schulckenius bringeth to make this testimonie seeme incredible of any great moment For first it is vntrue which he saith that the Councell did not speake of the King of France and other absolute Kings The words of the Councell are cleare to the contrarie The Emperour saith the Councell Kings Dukes Princes Marquesses Earles and temporall Lords by what other name soeuer they be called who shall grant a place for single combat in their Countries among Christians let them be excommunicated and vnderstood depriued of the Iurisdiction and Dominion of the Cittie fort or place which they hold from the Church wherein or whereat they shall permit single combat and if they be held in fee farme let them forthwith be taken for the direct Lords but they that shall fight the combat and they that are called their Patrimi let them incurre ipso facto the punishment of Excommunication and forfeiture of all their goods c. So that it is plaine that the Councell speaketh of Emperours and of other absolute Kings and Princes 6. Secondly although it bee cleere that those words let them bee depriued of the Citty Fort or place which they hold from the Church be spoken with a restriction and limitation onely to those Citties Forts or places which bee held from the Church yet the words following and if they be held in fee farme let them foorthwith be taken for the direct Lords may absolutely and without the aforesaid restriction bee vnderstood of those Citties Forts or places which be held in fee farme either from the Church or from some other Soueraigne Prince as from the direct Lord of them So likewise the punishment of the confiscation of goods may be vnderstood as well without the territories of the Church as within the Popes dominions and may also bee vnderstood to comprehend absolute Princes if perchance they should either bee Patrimi or fight themselues in single combat And so by consequence it might bee inferred that if the Councell hath authoritie to depriue absolute Kings of those dominions which thy hold in fee farme from other absolute Princes or to confiscate their goods or else the goods of their subiects without their consent the Councell also hath authoritie to depriue for the same cause absolute Princes of their Citties Forts and places whereof they are absolute Lords And so the Cardinall of Pelleue and other Prelates of France might vnderstand the Councell in that sense as also D. Weston in his Sanctuarie d q. 28. doth vnderstand them and thereupon vrgeth those words of the Councell of Trent as a principall argument to prooue that the doctrine for the Popes power to depose Princes is a poynt of faith and decreed by the Councell of Trent who little thought that he should therefore haue beene censured of imprudencie and malignitie as D. Schulckenius censureth the Prelates and Parliament of France if they should vnderstand in that manner the Councell of Trent as Bochellus relateth and D. Weston expoundeth it 6. To the second testimony of Petrus Pithaus D. Schulckenius answereth in as shuffling a manner First I answer saith he e Pag. â— 24. that Antonie Posseuine commendeth Petrus Pithaeus for a learned man and a diligent searcher of antiquity and relateth all his workes and also his death and yet he maketh no mention of this booke and I confesse I neuer saw it But although neither Posseuine nor D. Schulckenius euer saw that booke yet I haue seene it and read it and it was printed at Paris by the authoritie of the Parliament in the yeere 1594. and it hath those maximes and positions which I related in my Apologie And therefore we haue the testimony of a very learned Catholike and a diligent searcher of antiquitie by Posseuines confession that France hath euer held this position for vndoubted that the Pope hath no authoritie to depriue the King of France of his Kingdome and that notwithstanding any admonitions Excommunications c. his subiects are bound to obey him in temporals 7. His second answer is that whosoeuer is the Authour of that booke it is cleerely false that France hath alwaies approoued that doctrine for certaine Marke now the reasons which D. Schulckenius bringeth to conuince this very learned man and diligent searcher of antiquity of manifest falshood For first it is repugnant saith he to the Councell of Claramont wherein Philip the first was excommunicated and depriued of his Regall Honour and Crowne by Pope Vrbanus the second whereof see Iuo Carnotensis in his 28. epistle to Vrbanus But it is most cleerely false that Philip was in that Councell depriued of his Regall Honour and Crowne as both I f In Prefat ad Resp Apol. nu 36. seq and Mr. Iohn Barclay g In Prolegom num 75. haue cleerely shewed heeretofore for that no Historiographer writeth that he was deposed in that Councell but at the most onely excommunicated for that hee had forsaken his lawfull wife Berta and had married Bertrada who was also wife to another man For Sigebert Aimonius Matthew Paris Nauclerus Paulus Aemilius Robertus Gaguinus Papirius Massonius the Authour
the priueledge it selfe is named King at whose instance S. Gregorie saith he granted that priueledge Baronius might with the same reason haue affirmed that not only the subscription but also the priueledge it selfe was afterwards made and adioyned to S. Gregories Epistles which without doubt Baronius would quickly haue acknowledged if it had not beene for those words honore suo priuetur which hee thought made greatly for the Popes power to depose Princes seeing that vpon far weaker grounds hee sticketh not to deny oftentimes priueledges and antiquities which neuer before were called in question 12. And although Pope Gregorie the seuenth in his Epistle to the Bishop of Metz doth not cite this priueledge of S. Gregorie granted to the Monasterie of S. Meâ—ard which is no small coniecture that this priueledge was not extant in those daies among the Epistles of S. Gregorie for otherwise it bearing so great a shew of being authenticall by the subscription of 30 Bishops and the King and Queene of France who were witnesses thereunto it would by all likelihood haue beene cited by Pope Gregorie the seuenth but an other priueledge granted to an other Monasterie by S Gregorie in his Epistle to one Senator Abbot Å¿ Lib. 11. epist epist 10. wherin S. Gregorie did not say honore suo priuetur let him be depriued of his honour but potestatis honorisque sui dignitate careat let him want or I desire he may want not his honour but the worthinesse of his power and honour which words are not so forcible to prooue the Popes authoritie to depriue Kings of their princely honour and power but at the most to declare them to bee vnworthy of it for some crime committed by them and to be worthy also to be damned in hell with Iudas the Traitor for that many a one may be a true King and haue princely power and honour who is vnworthy thereof Neuerthelesse besides that the aforesaid words do containe no sentence of depriuation but onely a curse or imprecation which kinde of imprecations euen containing anathema was frequent in the priueledges granted by Lay-men yea and vpon sepulchres that men should be fearefull to violate them as Baronius t Ad an 1097. Num. 51. relateth also this priueledge mentioned in S. Gregories epistle to Senator is not so authenticall both for that it hath neither date of any yeare or day when it was written nor subscription of any witnesse which by likelihood it would haue had if there had beene any authenticall copie thereof and also for that the Authour of the booke intituled de vnitate Ecclesiae who is thought to be Venericus Bishop of Vercellis and liued in Pope Gregorie the seuenth his time answering that epistle of Pope Gregorie the seuenth to the Bishop of Metz doth bouldly affirme that those words potestatis honorisque sui dignitate careat let him want the worthinesse of his power and honour were not in those daies extant among the workes of S. Gregorie Whereby the Reader may easily perceiue what weake demonstrations and authorities Card. Bellarmine doth so often inculcate to conuince this doctrine for the Popes power to depose Painces to be a point of faith 13 Thirdly it is also repugnant saith D. Schulckenius to those most famous French writers whom I related before But although it be true that the most part of those seuenteene French writers related by Card Bellarmine in his booke against Barclay and now in his Schulckenius against me are of opinion that the Pope hath power to depose Princes this neuerthelesse may also be true which Petrus Pithaeus affirmeth to wit that France vnderstanding thereby the State of France hath euer held the the Pope hath no authoritie to depriue the King of France of his Kingdom May it not truly be said that the Kingdome and State of England hath from the first yeere of Queene Elizabeths reigne euen to this present time held that the Catholike Romane Religion is not the true Religion notwithstanding that not onely seuenteene but seuenteene thousands there haue been of English Catholikes since the first beginning of hir reigne till now who haue held the contrarie wherefore when Petrus Pithaeus affirmed that France hath euer held that the Pope hath no authoritie to depose their King by France hee did not vnderstand euery particular French-man but the State and temporall Gouernours of the Kingdome of France which his assertion is also confirmed by the State and Parliament of Paris first in the censuring of Card Bellarmines booke against D. Barclay then in burning his Schulckenius written against me afterwards in condemning Suarez booke against his Maiesties Apologie for maintayning so stifly this doctrine for the Popes power to depose Princes and to dispose of all their temporalls which they call a scandalous and seditious a damnable and pernicious doctrine and now lastly by the decree of the Parliament of Paris the second of Ianuarie of this present yeere 1615 wherein it is ordained that it shall not bee held for problematique and also by the new oath of allegiance like vnto that of ours but that ours is more sweete and more modest as the Cardinall du Peron u Pag. 100. affirmeth which those of the lower house of the generall assembly of all the States of France whom the same Cardinall du Peron in his speech to them confesseth to be Catholikes x Pag. 96. endeauoured to haue made for a fundamentall Law 14 Lastly it is also repugnant saith D. Schulckenius to reason it is repugnant to the principles of the Catholike faith For if the Subiects of the King of France be bound to obey their King being excommunicated and that they can not be absolued from this obedience by the Pope it followeth that either the King of France can not be bound by Christ his Vicar with the bond of ExcoÌ„munication or that his Subiects can not be loosed from the bond of their allegiance and obedience Both are repugnant to the words of Christ who said to his Vicar whatsoeuer thou shalt binde vpon earth shall be bound also in heauen and whatsoeuer thou shalt loose vpon earth shall be loosed also in heauen Neither did Christ except the King of France or his Subiects and who hath excepted them I can not tell This I know that no man could by right except them and whosoeuer will not be subiect to the keyes of the Church I know and with a cleare voice I doe pronounce that hee will neither bee a Christian nor can â—â—e appertaine to the kingdome of Christ 15 Great words to small purpose For although it be true that Card Bellarmine Suarez and some few others are or seeme to be of opinion that it is against reason and against the principles of the Catholike faith to hold that the Pope hath no authoritie to depose Princes yet it is also true that other learned Catholikes are of opinion that it is neither against reason nor against the principles of the Catholike faith to hold
that the Pope hath no such authoritie Must the opinion of Card Bellarmine or of Suarez or of any other learned Catholike be a rule of reason to all other learned Catholikes or to bee accounted by all Catholikes the principles of the Catholike faith All Catholikes doe confesse that the Pope hath authoritie to excommunicate a Christian King and that Subiects are not bound to obey an excommunicated King in those things which the Censure of Excommunication of it owne nature and by the institution of Christ doth forbid but to absolue Subiects from their temporall allegiance either by vertue of Excommunication which being a spirituall Censure hath neither of it owne nature nor by the institution of Christ such a temporall effect or by the sentence of depriuation this many learned Catholikes with the State of France doe affirme not to belong to the Popes spirituall authoritie to binde or loose 16 True also it is that all Christians are subiect to the keyes of the Church but these keyes are spirituall not temporall of the kingdome of heauen and not of earthly kingdomes neither is any Christian excepted from that authoritie which Christ gaue to S. Peter by those words whatsoeuer thou shalt loose c. But those words are not to be vnderstood of temporall but onely of spirituall bindings and loosings as I haue often shewed neither did any of the ancient Fathers euer extend the keyes of the Church to the absoluing of Subiects from their temporall allegiance or to the depriuing of Kings and Princes of their temporall liues libertie kingdomes or goods as by some Catholikes of these latter ages contrarie to the true meaning and institution of Christ and to the vnderstanding and practise of the primitiue Church they haue been violently wrested To that whatsoeuer thou shalt loose c. I answer saith Ioannes Parisiensis according to S. Chrysostome Rabanus that by this is not vnderstood any power to be giuen but spirituall to wit to absolue from the bond of sinnes For it were foolish to vnderstand that by this is giuen a power to absolue from the bond of debts and much lesse from that great and high debt of temporall allegiance 16. These be all the exceptions which D. Schulckenius taketh against those authorities which I broght in my Theologicall Disputation Now let any indifferent Reader iudge whether he hath sufficiently answered those authorities or rather by cauilling and shuffling laboured cunningly to shift them off and whether Mr. Fitzherbert might not blush to affirme so boldly that D. Schulckenius to whom he cunningly also as you haue seene remitteth his English Reader for his answer to those authorities hath answered particularly to euerie one of them and prooued cleerely that diuerse of them make flat against Widdrington and many nothing at all for him being truely vnderstood and that some others are worthily reiected being either so absurd that they are easily confuted by the circumstances of the places alledged or else heretikes as appeareth by their doctrine in other things or knowen Schismatikes who liuing in the times of the Emperours or Kings that were deposed wrote partially in their fauours of which sort neuerthelesse there are very few so that of all the Authours that Widdrington hath scraped together to make some shew of probabilitie in his doctrine hee hath no one cleere and sufficient witnesse to iustifie the same which how true it is or rather most cleerely false I remit to the consideration of the indifferent and iudicious Reader 17. For the testimony of Iohn Trithemius a learned and vertuous Catholike who expressely affirmeth that it is a controuersie among Schoolmen as yet not decided by the Iudge whether the Pope hath power to depose the Emperour or no partly hee reiecteth partly that word Schoolemen hee ridiculously expoundeth to be Historiographers Grammarians Poets as Sigebert Valla Dante 's who neuerthelesse are by Trithemius himselfe related to be also excellent Diuines and partly to repell his testimonie he falsely grossely and vnaduisedly taxeth him with errours committed in his historie and for proofe thereof he remitteth his Reader to Posseuine who as you haue seene both in that and also other points of historie hath shamefully erred himselfe and neuerthelesse that which Trithemius affirmeth Iacobus Almaine a famous Schoole-Diuine and classicall Doctour of Paris who liued also in those daies confirmeth to be true whose words D. Schulckenius doth cunningly passe ouer without any answer at all Albericus a Classicall Doctour of the canon and ciuill Law for that hee deliuereth his opinion with submission is ready to recal it if it should prooue erroneous as euery good Catholike ought to doe he will haue to speake wauering and altogether doubtfull Ioannes Parisiensis a most learned Schoole-Diuine partly he will haue to make nothing for my opinion and yet he confesseth that Parisiensis is of opinion that the Pope hath no authoritie to depriue a Prince of his Kingdome by a iuridicall sentence of depriuation which neuerthelesse is the maine and sole point which I contend to prooue and partly to cleane ouerthrow his testimony he taxeth him without sufficient ground of many errours which errours neuerthelesse although he should haue maintained doe cleerely confirme this doctrine against the Popes power to depose Princes The testimony of Mr. D. Barclay a famous learned and vertuous Catholike he no more regardeth then of an heretike To M. Blackwell and those other English Priests he answereth nothing The Records of the generall assembly of the States of France related by Bochellus with such particular circumstances that no man can misdoubt of them for a friuolous reason hee accounteth incredible The testimonie of Petrus Pithaeus a very learned Catholike and a diligent searcher of antiquity by Posseuines confession affirming that France hath euer held for certaine that the Pope hath no authoritie to depose their King also for friuolous reasons hee vtterly reieiecteth which neuerthelesse the late proceeding of the Court of Parliament against his and such like bookes hath sufficiently confirmed And if this manner of answering authorities is to bee admitted who may not easily shift off any authorities whatsoeuer especially when they shall haue their trumpetters to extoll all their writings and answers to the skie and to depresse their aduersaries and who shall seeme to make against them whether they be liuing or dead euen to the pit of hell appeaching them of heresie errour schisme and such like hainous crimes 18. Many other authorities I brought in my Apologie which doe cleerely contradict Card. Bellarmines doctrine which onely I tooke vpon mee to confute whereof some of them doe expressely affirme that the Church of Christ hath onely a spirituall and not a temporall sword Others that temporall Princes are in temporall affaires next vnder God and to bee punished with temporall punishments by God alone and that the temporall power is independant of the spirituall Others that neither Childerike was deposed nor the Romane Empire translated from the Graecians
heard of before for which cause it was called by Sigebert a noueltie not to say an heresie and since that time there hath euer beene a great controuersie saith Azor a Tom. 2. lib. 11. cap. 5. q. 8. concerning this point betwixt Emperours and Kings on the one side and the Bishops or Popes of Rome on the other and the Schoolemen are at variance about the same and as yet the Iudge hath not decided it saith Trithemius and very many Doctours are of opinion that the Pope hath no such authoritie saith Almainus and the State of France hath euer maintained the same for certaine saith Pithaeus and the late practise of the Parliament of Paris to omit all the authorities of our learned Countreymen doth most clearely confirme the same it is neither reason nor conscience to charge Sigebert with Schisme for impugning that new doctrine and practise which was neuer heard of before in the Church of God And therefore many complained saith Azâ—â— in the same place that Gregorie the seuenth did depriâ—e Henry the fourth of the administration of the Empire 24 For although the Bishops of Rome saith Onuphrius a man as Posseuine confesseth of exceeding great reading and whom Paulus Manutius calleth a deuourer of Histories were before honoured as the heads of Christian Religion and the Vicars of Christ and the Successours of Peter yet their authoritie was not extended any farther then either in declaring or maintayning positions of faith But yet they were subiect to the Emperours all things were done at the Emperours backe they were created by them and the Pope of Rome durst not presume to iudge or decree any thing concerning them Gregorie the seuenth the first of all the Bishops of Rome being aided with the forces of the Nortmans trusting in the riches of Countesse Mathildis a woman most potent in Italie and being encouraged with the discord of the German Princes who were at ciuill warre among them selues contrarie to the custome of his ancestours contemning the authoritie and power of the Emperour when hee had gotten the Popedome did presume I doe not say to excommunicate but also to depriue the Emperour by whom if he was not chosen he was at the least confirmed of his Kingdome and Empire A thing not heard of before that age For the fables which are carried abroad of Arcadius Anastasius Leo Iconomachus I do nothing regard Thus Onuphrius b Lib 4. de varia creat Rom Pont. 25 Lastly it is also true that Sigeberts bookes in answer to the letters of Pope Gregorie and Pope Paschalis are put in the Catalogue of forbidden bookes but that they are forbidden or condemned by the Catholike Church or the Catholike Romane Church as D. Schulckenius affirmeth vnlesse by the Catholike Church or Catholike Romane Church hee vnderstand those few Cardinalls and Diuines of Rome who are appointed by the Pope for the examining permitting and forbidding of bookes which were a very strange and ouer-strict description of the Catholike Church is altogether vntrue Neither is it knowne for what cause those bookes of Sigebert are put in the Catalogue of forbidden bookes as likewise two bookes of mine written especially against Card Bellarmine haue of late by a speciall decree of the aforesaid Cardinalls and especially of Card Bellarmine who hath been pleased to be a Iudge witnesse and accuser in his owne cause been prohibited and I vnder paine of Ecclesiasticall Censures commanded to purge my selfe forthwith but the cause wherefore they are forbidden is not therein expressed neither as yet haue they giuen me to vnderstand of what crime either in particular or in generall I am to purge my selfe although in my purgation written to his Holinesse long agoe c The 24. of Iune 1614. I haue most humbly and instantly desired it and haue protested to bee most ready to purge my selfe of any crime whatsoeuer I shall know to haue committed which their strange proceeding doth clearely argue that they haue no small distrust in their cause and that the doctrine for the Popes power to depose Princes is not so cleare a point of faith as Card Bellarmine and his followers would haue the Popes Holinesse and the Christian world with out sufficient grounds to beleeue 26 Seeing therefore that there be many causes wherefore bookes may be forbidden and which in generall are reduced to these two heads either that they are repugnant to faith or else to good manners which the late instructions for the correcting of bookes published by the commandement of Pope Clement the eight do in so large yet doubtfull a manner extend that scarse any booke can be found which treateth of the Popes authoritie but some Correctour or other may easily except against it as those bookes are to be corrected which are against Ecclesiasticall libertie immunitie and Iurisdiction so that if a Canonist be the Corrector he will haue that blotted ouâ— which denyeth the Popes direct power in temporalls and that Cleargie are not exempted by the law of God and nature from the coerciue power of Princes c. vnlesse it can be proued that Sigebert bookes were put in the Catalogue of prohibited bookes for that they impugned the doctrine for the Popes power to depose Princes no good argument can be drawne from that Catalogue to impeach Sigeberts credit for the impugning of that doctrine Neither can Card Baronius nor Card Bellarmine be excused from greeuous detraction in charging Sigebert who both in his life and after his death was accounted a learned vertuous and religious Catholike with that execrable crime of schisme for which at the day of iudgement they shall render an exact account vnlesse they can proue that he did separate himselfe from the vnitie of the Church or disobey the Popes command as not acknowledging him to be the true visible head of the Church and the Successour of S. Peter 27 I omit now to declare how Catholikes ought to carry themselues in times of Schisme when more then one pretend to be the true and rightfull Pope and whether those who adhere to a false Pope perswading themselues for probable reasons that hee is the true and lawfull Pope are to be condemned of Schisme and to bee accounted formall Schismatikes concerning which question read Iohn Gerson in his Treatise therof This only at this present I will demand that if to reiect the testimonie of Sigebert or any such like Authour it be sufficient without any other proofe to say as Mr Fitzherbert answereth that they liuing in the time of the Emperours and Kings that were deposed wrote partially in their fauour why may it not with the same facilitie bee answered to the authorities of many others of the contrarie side that they liuing in the time of the Popes who tooke vpon them to depose Kings and Emperours for this hath euer been a great controuersie saith Azor betwixt Kings and Emperours on the one side and the Bishops of Rome on the other wrote partially in their fauour May