grounded vpō this conceit that he this Examinate in taking the oath of Allegeance had sworne against the Popes supremacie in causes Ecclesiasticall 72 For answere vnto which erroneous conceit hee this Examinate sayth that when hee writ that hee tooke the oath in this sense viz. That the Pope had no imperiall and ciuill authority to depose his Maiestie the same is true whether it be attributed to the Pope either directly or indirectly also when he writ That the Pope had no imperiall and ciuill authoritie to depose the King at his pleasure and vpon his appetite the same also is as cuident though the Pope had as great authoritie as they pretend hee hath who say he is Dominus in Temporalibus directly that where hee this Examinate hauing cited diuers authours to this effect that the Pope hath authoritie indirectly in ordine ad spiritualia did thereupon inferre that the Pope could not depose his Maiestie because if he should so doe he should vse that his authoritie non ad spiritualia promouenda sed euertenda not to the furtherance of spiritual matters but to the ouerthrow of them and therupon did adde that he held nothing els therein quà m quod vbig Theologi in suas conclusiones compegerunt then what was generally concluded amongst Diuines he said as he thinketh therein also truly for that the cōmon opinion is that the Pope hath no authoritie ad destructionem to destruction So that albeit he might as he saith haue answered to euery point of the Cardinals letter more throughly yet that which he writ being sufficient to answere it he thought it his best course to write as he did 73 It being heere againe obiected that notwithstanding he this Examinate hath very well declared his iudgement to any mans contentment who is ignorant of the new deceitfull shifts of equiuocation yet because Cardinall Bellarmine holdeth that albeit the Pope cannot depose a king by his ordinary authority directly as hee is Pope he may neuerthelesse mutare Regna vni Bell. de Rom. Pont. lib 5. cap. 6. auferre atque alteri conferre tanquam summus Princeps spiritualis alter Kingdomes and take them from one and giue them to another as he is the highest spirituall Prince as hauing authority in temporalibus in ordine ad spiritualia forasmuch as yet it may well be doubted whether he this Examinate when hee saith that the Pope hath no Imperiall or Ciuill authority nor any power in temporalibus either directly or indirectly to depose and eradicate kings to absolue their subiects of their allegeance or to authorize them to beare armes against them hath not this or some such like cuasion viz. that it may truely be affirmed that the Pope hath no such authority to bee termed properly either Imperiall or Ciuill because whether he hath it in temporalibus directly or indirectly yet the authority in it selfe being employed for the deposition of Kings c. is to bee named according to the end wherefore it is so vsed which being for the good of the Church that is spirituall the said authority is not to be called a Temporall but a Spirituall authoritie whereby all which hee this Examinate hath hitherto said may be eluded and made frustrate by this or some such shift viz The Pope hath no Imperiall and Ciuill authority to depose the king that is he cannot depose him by his Ciuill authority as it is Ciuill but as it is Spirituall and againe to the same effect the Pope hath no authority in temporalibus either directly or indirectly to depose kings verum est the authoritie which the Pope hath in Temporalibus to depose kings is to be termed Ecclesiasticall and not Temporall as it is truely called when Kings and Princes doe vse it to an end which is Ciuill he this Examinate was vrged to expedite this difficultie with some reasonable plainnesse and perspicuity 74 Whereupon this Examinate being grieued as he professed that nothing would be accepted in satisfaction of his duetie as he feareth said that assuredly there should be no defect in his sinceritie howsoeuer the same might be wrested and therefore to the said obiection briefly answereth That although hee doeth acknowledge that there are some who say that when Boct. Epon Heroie Ecclesiastic quaest pag. 185. the Pope doth inflict Temporall punishments for the better preseruation of his Spirituall authority nullâ dicetur vti Iurisdictione temporali sed merè spirituali cùm totum hoc ad animarum salutem coelesteque regnum referatur he shall not therein be said to vse temporall Iurisdiction but merely Spirituall sith this whole action hath respect to the saluation of soules and to the kingdome of heauen yet because the most that write after this sort doe qualifie their speeches therein with a quasi or dici potest or magis or aliquo modo it is apparant that their meaning is not that such a temporall authority vsed to a spirituall end is in very deede and in trueth a meere spirituall authoritie 75 Besides he this Examinat further addeth that to his vnderstanding the deposing of Kings and the exciting of their subiects to beare armes against him will hardly be raunged amongst spirituall actions In summe therefore this Examinate saith that in his iudgement the Popes spirituall authoritie ought not to be extended beyond the power of the keyes of the kingdome of heauen and of the censures of the Church properly so called and that the Pope hath no authoritie at all in temporalibus either directly or indirectly to depose Kings c. by what name or title soeuer the said power when he putteth it in practise in ordine ad spiritualia in order to things spirituall as he the said Pope supposeth may bee termed whether spirituall or temporall or whether the end hee aimeth at by such his proceedings with any King or Prince be spiritual or supernaturall that is bee pretended to bee vndertaken for the good of the Church and promoting of Christianitie the same in this Examinats iudgement as hee saith being neither Apostolicall nor agreeable to the practise of the most worthy Bishops of Rome in the Primitiue Church and for a long time after nor auaileable in truth to the Catholicke Church but rather hurtfull and great hinderances thereunto 76 And here this Examinate further saieth that the premisses considered viz vpon what vncertainties the maintenance of the Popes authoritie not to excommunicate but to depose Princes doth consist hee confesseth that hee cannot chuse but acknowledge that he much wondreth and in that cogitation is also exceedingly grieued that euer Gregorie the seuenth or any Pope since did in their Excommunications of certaine Emperours Kings and Princes take vpon them in the same to denounce them deposed from their kingdomes to release their Subiects of the othes of their Allegeance and to authorize them no longer to obey their Soueraignes vnder paine of Excommunication as also that many men aswell Emperours Kings Princes and their
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
held by the law of God cum recta fide with a right faith 35 But here it being obiected that although the said oath was framed to meete with the opinion before by him mentioned yet that this his restraining of it thereunto doeth not attaine to that which he knew was intended by it For in his said letter to the Cardinall he doth cite sundry authors which speake of another kinde of authoritie ascribed to the Pope and tending by a nice distinction to this effect that in ordine ad spiritualia in order to things spirituall and indirectly all kings and princes with their kingdomes and countries are subordinate and subiect vnto him insomuch as if he see cause and that kings and princes will not be aduised by him in matters of the Church apperteining to their saluation he may not onely Excommunicate them but proceeding by degrees depose them absolue their subiects from their oathes of Allegeance and rightfully commaund them if neede be to beare armes against them which is as lewd and traiterous an opinion as the former and doeth tend to the same end with it though vnder diuers pretences So as if hee tooke the oath but with relation onely to the first opinion leauing himselfe free as touching the second it was all one as if he had not taken it at all and therefore being pressed to cleare this point he answereth as hereafter followeth 36 First he doth acknowledge the obiection to be very pertinent and rightly collected out of his letter confessing this second opinion not to come behinde the first either for the earnestnesse of those that defend it or for their learning and sufficiencie being such indeede as doe in credite farre ouersway the estimation of their opposites Cardinall Bellarmine himselfe hath laboured much in it and these authors following doe ioyne with him in that point Henricus Iohannes Driedo Iohannes de Turre crematâ Albertus Pighius Thomas Waldensis Petrus de Palude Cardinall Caietane Franciscus Victoria Dominicus Soto Nicolaus Sanderus to which number this Examinate saith he could adde diuers others as Martinus Aspilcueta Couarruuias c. Of which opinion Cardinall Bellarmine saith that it is communis sententia Catholicorum Theologorum the common opinion of Catholicke Diuines albeit Alexander Carerius and Rodericke Sancius doe affirme as much for the other In this number this Examinate confesseth that he did range himselfe in his late letter to the said Cardinall as inclining rather to his side then to the other being notwithstanding bound to neither of them vpon any danger of declining from the Catholicke faith So as if now hee vse his libertie therein as touching his Maiestie hee hath as he supposeth Cardinall Bellarmine himselfe for his author therein 37 For where there is this clause in the oath of Allegeance I doe further sweare that I doe from my heart detest and abiure as impious and hereticall this damnable doctrine and position that Princes which be excommunicated or depriued by the Pope may be deposed or murthered by their Subiects or any other whatsoeuer Cardinall Bellarmine saith that it was neuer heard of ab intio nascentis Ecclesiae vsque ad haec nostra tempora vt vllus Pontifex Maximus Principem vllum quamuis haereticum quamuis Ethnicum quamuis persecutorem caedi mandauerit from the first birth of the Church vnto these our times that any Pope euer commaunded any prince though an heretick though an Ethnicke though a persecuter to be slaine And that therefore the feare which is pretended of the Kings life if the Bishop of Rome had the same authoritie in England which hee hath in other Christian kingdomes is vaine and that all pretences tending that way are but stratagemata Satanae the deceits of Sathan The which affirmations of the Cardinals being true the same for ought this Examinate seeth doe iustifie the said part of the oath by him taken euen the very same which of all other parts in it is most misliked by many Catholickes in England For it must needs be granted generally that were it not in respect of the Popes excommunication of Kings and princes his deposing of them from their Crownes and his absoluing of their subiects from their Allegeance it could neuer be lawfull for any of them to rise vp against their lawfull kings and Soueraignes vnder whom they were borne And it is all one in this Examinats iudgment for the Pope to command a king to be murthered as to doe and commaund that whereby the same is by others of duetie to be effected And then it followeth out of the Cardinals words that it can neuer be lawfull by the Popes authoritie either direct or indirect for any subiect vpon any pretence whatsoeuer or vnder the countenance of any authoritie to excommunicate and depose Kings or absolue their Subiects from their Allegeance to lay violent hands vpon his Souereigne which is in effect that part of the oath aboue mentioned whereunto this Examinate did sweare 38 Furthermore because it was againe tolde this Examinate that this his last answere to part of the said oath stood after a sort but vpon an inference of the Cardinals meaning and was no way sufficient to satisfie the aforesaid obiection hee this Examinate renued his former desire of proceeding by such degrees as hee himselfe thought most fit for the discharge of his duety both to God and his Maiestie and thereupon saith that he beleeueth in his conscience that the Pope is S. Peters successour and the head of the Catholick Church and that although materiall and worldly keyes may open and shut vpon fauour and friendship yet the keyes of the kingdome of heauen doe respect no mens persons be they poore or rich noble or ignoble high or low kings or subiects so as in his iudgement none may be exempted from the Popes Excommunication when there is iust cause vpon due consideration of all circumstances to inflict it adding thereunto that hee holdeth it to be the duety of all Christian kings and princes to submit themselues in causes of religion to the Bishop of Rome as vnto their chiefe Bishop and Pastor of their soules Which profession thus made this Examinate desired that one point in his former Examination published in print might here be receiued as part of his answere to the obiection aboue specified Sect. 16. 39 For there this Examinat as he truly saith M Blakwels Exam. pag. 18 19. Being vrged to explicate himselfe touching the sence he relied vpon out of his Maiesties words when he took the oth of Allegeance in that it was said hee might so vnderstand them as not withstanding his oath that dutie which was expected was no way satisfied because his Maiesties meaning was euident that hee did account it to proceed from appetite and rashnesse in any of the Bishops of Rome whosoeuer who presuming to Excommunicate any King should by the same either absolue his Subiects from their obedience or excite them to beare Armes against him or authorize
creatures as God the Father is but this kingdome is eternall and diuine and doeth not take away the Dominions of men nor agreeth to the Pope that Christ as man is the spirituall king of all men and hath a most ample spirituall power ouer all as well faithfull as Infidels that this spirituall kingdome of Christ after the day of Iudgment shall be sensible and manifest and that the glory of this kingdome was begun in Christ our head quando à mortuis resurrexit when hee arose from the dead that this Spirituall kingdome is not a temporall Kingdome such as kings enioy nor can be communicated to the Pope because this spirituall kingdome presupposeth the resurrection that Christ as man might if he would or had thought it expedient haue taken to himselfe a Regall authoritie but hee would not and therefore did neither receiue nor had either the execution or authoritie or power of any temporall Dominion or kingdome that all kingdomes are gotten either by succession or by election or by the sword or by gift but Christ had no temporall kingdome by any of these meanes that Christ did neuer execute any Regall authoritie in the world that Christ came to minister not to be ministred vnto to bee iudged not to iudge that hee should haue receiued such a Regall authoritie in vaine hauing neuer any vse of it it being a vaine power quae nunquam redigitur in actum which is neuer brought into act that Christ did not cast out of the Temple the buyers and sellers of Oxen and Sheepe by any Pontificall or Regall power sed more Prophetarum zelo quodam diuino but after the maner of the Prophets by a certaine diuine zeale that kingly authoritie was not necessarie for Christ nor profitable but plainely superfluous and vnprofitable that the ende of Christs comming into the world was the redemption of mankind to which end spirituall power was onely necessarie and not temporall that that power meerely temporall was vnprofitable for Christ is apparant because he was to perswade men to contempt of glory delicacies riches and of all temporall things wherewith kings of this world doe most abound that all the places almost of Scriptures which speake of the kingdome of Christ must needes be vnderstood of his spirituall and eternall kingdome but temporall kingdomes are not eternall that Christ was not a temporall king of the Iewes but a spirituall king of the Church that although the Pope is said to haue that office which Christ himselfe enioyed when he was among men yet those offices cannot be ascribed to the Pope which Christ had as God or as hee is now an immortall and glorious man but onely those and yet not all of them which he held as a mortall man that Christ because he was God and man habuit quandam potestatē quam dicunt excellentiae had a certaine power of excellencie as they call it whereby he gouerned both faithfull and Infidels whereas hee committed his sheepe onely that is the faithfull to the Pope that Christ as hee was man had power to institute Sacraments and worke miracles by his owne authoritie which power the Pope hath not that Christ could absolue men from their sinnes without Sacraments which the Pope cannot doe that Christ doeth communicate that power to the Pope which might bee communicated puro homini to a meere man which was necessarie for the gouernement of the faithfull so as without impediment they might obtaine the kingdome of heauen 56 That these places and authorities Data est Idem ibidem cap. 5. mihi omnis potestas in coelo in terrâ Matth. 8. All power is giuen vnto me in heauen and earth Christus beato Petro vitae aeternae clauigero terreni simul coelestis Imperij iura commisit Christ committed to S. Peter the key-carier of eternall life the Nicol. Pap. epist. ad Michael rights both of the terrene and celestiall Empire Ecce duo gladij Luc. 22. Beholde here are two swords doe no way preiudice the former doctrine that the Popes power to decide temporall suits and questions Can. caus 11. quaest 1. Quicunque litem was granted vnto him by Theodosius ex pietate non ex debito of deuotion not of duetie that Christ for the preseruation of humilitie ordeined that the Pope should haue need of the Emperours defence in temporalibus Idem ibidem cap. 10. and that the Emperour also should need the Popes direction in spiritualibus and that therefore he left the Empire to Tiberius and bestowed the Popedome vpon Peter 57 That as touching the temporall principalities Idem ibidem cap. 9. which they haue indeed the same were giuen to the Bishops of Rome and other Bishops by godly men such as Constantine Charles the great and Lewis his sonne were that although it were peraduenture absolutely better that the Bishops of Rome should onely intermeddle with spirituall matters and kings with temporall yet through the malice of time experience teacheth it to be both profitable and necessarie that as in the old Testament the high Priests were long sine Imperio temporali without a temporal gouernment and yet in those last times religion could not haue consisted and bene defended except the high Priests had bin likewise kings as in the time of the Maccabees euen so it hath come to passe with the Church that she who in the beginning did need no temporall principalitie doth now seeme to haue need thereof necessarily 58 All the premisses being in this maner alledged out of Bellarmine in effect word for word by this Examinate it was told him that except he could be content to open and enlarge himselfe further then after this sort forasmuch as Bellarmine notwithstanding all that this Examinate hath repeated out of him for the expressing of his owne iudgement doeth afterward clearely attribute such an indirect powre to the Pope ordine adspiritualia in order to things spirituall as doth giue him authority when he thinketh fit to deale with Emperours and Kings as if all the world were at his commandement directly or indirectly it forceth not for the eradicating of them deposing of them absoluing their subiects from their obedience and plotting against them by his firebrands and Assassins as times and places may serue his turne as it hath beene touched Sect. 35. and 45 hee this Examinate should leaue the matter worse then when hee began and shew most manifestly that when he tooke the oath of Alleageance hee did dally and dissemble aboue measure otherwise then became any dutiful subiect liuing in a case so neerely concerning his Maiesty and the State of the Kingdome 59 Vnto this point this Examinate for his answere saith that he maketh no doubt but that he hath sufficiently so opened his minde and enlarged himselfe as that there can bee no question of his sincericie toward his Maiestie in that hee hath twice Sect. 4. 47. shewed his iudgement touching the practise of the primitiue Church for the
maner the same was giuen vnto him directly saith the one side indirectly saith the other 69 That hee verily supposeth that Cardinall Bellarmine being so worthy and eminent a man for iudgement and learning hath not been so peremptorie in the handling of the two said points whether the Pope hath the said surmised authoritie directly or indirectly but that hee hath left vnto himselfe some sufficient warrant and libertie to varie if there be occasion in the said third point viz. whether Christ gaue to S. Peter any such authoritie at all or no. For whereas hee the said Cardinall doeth plainely affirme that Papa vt Papa ordinariè Temporales Principes deponere Bellar. lib. 5. de Rom. Pont. cap. 6. etiam iustâ de causâ non potest tamen potest regna mutare vni auferre alteri conferre tanquam summus Princeps spiritualis si idnecessarium sit ad animarum salutem That is The Pope cannot as he is Pope though there be iust cause by his ordinarie power depose ciuill Princes yet as he is the supreme spiritual Prince he may translate Kingdomes and take them from one and conferre them vpon another if need so require for the sauing of soules he saith in effect nothing else though couertly but that the Pope hath no power at all to depose Kings For S. Peter neither did nor could transferre any authoritie vnto his Successor but ordinarie for which cause it is commonly held that the rest of the Apostles could not deriue the plenitude of their power to their successors as S. Peter did because the same in them was not ordinary as in S Peter but extraordinary Extraordinaria enim potestas non transit in successorem For an extraordinarie power doeth not descend vnto the successours And at this point this Examinate saith he did aime as farre as he durst presume in his letter to the Cardinall where hauing cited his words abouesaid Non potest Papa vt Papa c. hee writ after this sort Verba iuramenti sunt Papam non habere authoritatem deponendi Regem disponendi de regnis dominijs Maiestatis suae Et communis intellectus apud Magistratum ad nullum alium conceptum propendet quà m ad hunc viz. Papam vt Papa est Nam non potest pertingere ad illum conceptum viz. tanquam summum Principem spiritualem Et cùm proponitur iuramentum suscipiendum illius sensus cognitus à Magistratu restringitur ad ordinariam potestatem Nam qui proponunt iuramentum illi remotissimi sunt à cogitatione extra ordinariae aut indirectae potestatis in Papâ residentis That is The words of the oath are that the Pope hath not authoritie to depose the King and to dispose of his kingdomes and Dominions And the common vnderstanding thereof doth with the Magistrate incline to no other conceite but to this viz. the Pope as he is Pope For it cannot reach vnto that construction viz as he is the supreme spiritual Prince And when the oath is exhibited to be taken the sense thereof apprehended by the Magistrate is restrained vnto an ordinarie power For they that minister the oath are as farre as may bee from the thought of any extraordinarie or indirect power residing in the Pope Besides it is apparant that the Pope is not otherwise the highest spiritual Prince but as hee is Pope so as what he cannot doe as Pope he cannot do as the chiefe spiritual Prince And out of question Carerius hath gotten an aduantage Carer depot. Rom. Pont. lib. 2. cap. 8. of the Cardinall by reason of his said former assertion where he the said Carerius laboureth to prooue that Christi vicarius propriè dicitur Papa Christs vicar is properly called the Pope and doth presse it hardly to this effect that either the Pope is not Christs vicar or else that hee doeth iudge inferiores Potestates vt Papa as he is Pope 70 That the contents of the 39. 66. 68. and 69. Sections of this his Examination being well weighed and considered together with diuers other points by him set downe in the said Examination his answere this Examinat saith againe to the Cardinals letter touching the clause most excepted against doeth reach as farre as by the oath of Allegeance was intended For whereas saith this Examinate if the Pope should haue any authoritie to depose and eradicate Kings he hath it not by vertue of his power to Excommunicate but must haue it of necessitie either as he is supposed to be Dominus in temporalibus directè the Lord of temporalties directly or Dominus in temporalibus indirectè the Lord of temporalties indirectly and that Cardinall Bellarmine is peremptorie that the Pope cannot depose kings by any ordinarie iurisdiction that he hath as he is Pope and Carerius with all his vpholders on the other side are as confident resolute that if the Pope hath not ordinarie authoritie as he is Pope to depose kings he hath no such authoritie at all for as much as what hee this Examinate hath before affirmed how in his opinion as hee saith the Pope hath no authoritie to depose Kings either as he is Dominus in temporalibus directly or indirectly the same is nothing else then what he deposed vnto when he sware that in his conscience the Pope neither of himselfe nor by any authority of the Church or See of Rome or by any other meanes with any other hath any power or authoritie to depose the King c. And because also that whether he should haue had authoritie to depose Kings or not he must haue had it by some imperiall or ciuill authoritie either as hee is Dominus in Temporalibus directly or indirectly considering that to be Dominus in temporalibus in any of the said two respects is to haue an imperiall and ciuill authoritie hee this Examinate saith that these points well weighed it is plaine that when hee writ to the Cardinall Summum Pontificem non habere imperialem ciuilem potestatem deponendi Regem nostrum that the Pope hath not an imperiall or ciuill power to depose our King he told the Cardinall in effect as much as if he had said vnto him that the Pope hath no authoritie at all to depose his Maiestie 71 That for the further clearing of his this Examinates relying vpon his Maiesties speeches in Parliament when he tooke the oath of Alleageance and his mentioning of it likewise to the Cardinall he this Examinate saith that except it be thought a fault to answere truely to a matter propounded when he speaketh not all the truth that doeth thereunto appertaine which were a strange conceit the order neither of Schooles nor of any iudiciall Courts in the world binding any man to proceed further in his answere to any question or interrogatorie then the same doeth leade him hee this Examinate seeth not hee sayth what can be subiect to any iust reprehension in his answere to the Cardinals letter the substance thereof being
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
wordes might seeme to import as much as the Earle desired whereas in deede the authoritie which this authour saith both parts are agreed vpon is not yet determined For Cardinall Bellarmine and his Bellar. de Rom. Pont. lib. 5. cap. 4. side are fully resolued that the Pope hath no such authoritie directly and that consequently he must either haue it indirectly in ordine ad spiritualia or not at all and è contra the authours who oppose themselues to that opinion are as confident that he hath no authoritie in temporalibus except hee haue it directly so as how can it be said they are Carer de authorit Rom. Pont. lib. 2. cap. 5. 8. agreed when both sides are so peremptorie that he hath no such authoritie at all except he haue it saith the one side directly saith the other side indirectly And for his further answere hereunto he referreth himselfe to that which before hee hath set downe in the 63 68 69 76 88 90 and 91 Sections 98 As it was obserued in the 42. Section that all princes for denying the Popes supremacie though otherwise they professe the Gospell are tearmed heretickes by the Romish Catholickes so although they liue neuer so orderly according to their lawes without inflicting any other punishments vpon offenders then are agreed vpon by the Common-wealth they are accounted tyrants if for the repressing of Popish errours they doe at some times giue way to the execution of such Lawes as are made against them And none are more violent herein then such as were borne and bred vp amongst vs in England as Stapleton and William Raynolds if they were the authors of the two bookes intituled De iusta abdicatione Henric 3. and De iusta Reipuh Christianae in Reges impios haereticos authoritate who affirme that all power at this day which is auerse from religion De iusta abdic pag. 11. Rossaeus pag. 106. meaning the Romish religion is tyrannie and that they are tyrants that doe vse their kingly power to the imposing vpon their Subiects of that faith which they terme hereticall and for example of such tyrants one of them alledgeth K. Henry the 8. Edward the 6. and Queene Elizabeth The consequences of which assertions are as Idem pag. 157. well in their opinions as in the opinion of many other that are of that sect that euery such tyrant may be depriued of his kingdome and if neede be murthered by his Subiects yea by euery priuate man if hee haue fit opportunitie after that he is declared by the Common-wealth as some say to be a tyrant or by the Pope as others affirme Whereby all kings and princes that mislike the Popes tyrannie and sundrie his corruptions are by him and his priests infinitely dishonoured and no one way more then by inciting their subiects to rebellion vnder pretence of religion which ought to be the surest band of duety and obedience In consideration whereof it being told this Examinate that it was all one to his Maiestie whether by the Popes doctrine hee were to be deposed from his Crowne vnder either of these false pretences that he is an hereticke or that he is a tyrant and that thereby his Subiects are no longer to obey him but may beare armes against him and offer violence vnto his sacred person as well in the one case as in the other and that therefore it stood him in hand seeing he professeth himselfe to be a true subiect to deliuer himselfe from these traiterous conceits he the said Examinate answered as followeth saying 99 That in his iudgement if it be true as this Examinat beleeueth it is that the Pope hath no authoritie by any Sentence whatsoeuer to depose a King for heresie as before he hath at large declared nor to absolue his subiects from their Allegeance it is also as true a fortiori that hee hath no authoritie by any Sentence or iudgment whatsoeuer so to determine any king to be a tyrant as that thereby his right to his kingdome should in any sort be empeached or his subiects set at liberty to rebell against him or to offer any hurt vnto his person 100 That he knoweth what diuers haue written as touching tyrants wherewith hee saith it is impertinent for him now to intermeddle affirming notwithstanding that in his iudgement no king who in the course of his gouernement doth obserue the lawes established in his kingdome and doth not otherwise afflict his subiects either by violence rapine crueltie impositions exactions or by any other vnlawfull meanes but as he is bound giueth way to the execution of his lawes and onely vseth the ancient prerogatiue of his Crowne can in any true construction be rightly iudged a tyrant though some of his said lawes doe tend to the punishment of Catholickes and to the maintenance of the religion which he professeth diuers Emperours being in their times notable gouernours and promoters of their Empire to the great good of their subiects in temporall causes though otherwise they were great enemies to Christianitie 101 That no King who commeth to his Crowne by succession as being the right heire thereof may lawfully vnder any pretence of tyrannie bee deposed or resisted by his subiects either iointly assembled together or otherwise by any secret machinations or treacheries of manie few or of any one and that as touching this point either of iudging a king to be a tyrant or dealing with him thereupon as is before mentioned he is altogether of Master Blackwood his opinion who writing against sundry traiterous positions of Buchanans tending to the effect before obiected doth proue very sufficiently these points that ensue viz 102 That no subiects can arrogate to themselues Blackuodaei Apolog pro Regibus pag. 56. any part of Regall authority without committing of treason except the same bee delegated vnto them by the King and that then also they are to vse the same authority no otherwise then in such sort and so long as the King doeth willingly permit them That our Kings here in this land are no way obliged Pag. 106. to the people for their kingdome but haue all their power and Empire from God and are onely bound to giue an account to him of the discharge of their office and duetie their kingdomes belonging to them iure haereditario by right of inheritance so as no sooner Pag. 178. is one King dead but the next heire is actually king no ceremonie or Coronation or other circumstances adding more to his right then hee had before That the Oath itselfe which they take at their Coronation being made to God and not to the people doeth not Pag. 221. any way empeach the interest they haue iure sanguinis Pag. 224. by their birth 103 That forasmuch as the kings subiects his Pag. 211. c. Clergie Nobles and Commons cannot assemble together in Parliament without the kings Writte vnder paine of treason by the olde lawes nor when they are
the vineyard of the Lord had taken deepe roote and that the spouse of Christ which at the first had no papps became to bee of mature age and that all that while for the space of 350. yeeres the said power did lie in Martyrdome and blood vntill afterwards the foundations were laid and the walles were built vp and that then the same began to shew it selfe in blessed Syluester and his Successors But withall he addeth that the vse and exercise of the Popes said actuall and casuall authoritie and iurisdiction is not great in the Pope That if we consider the Idem ibidem pag. 89. Popes care of spirituall things he is so occupied in them being heauenly matters as hee can scarcely intende to those things that bee terrestriall That in Kings and Emperours the vse of temporall power is more frequent because the matters that they deale in are not heauenly but terrene Mary saith hee their swords notwithstanding Idem ibidem pag. 98. and all their temporall power are at the Popes commaundement in that hee is the Lord of the whole Christian world to whose iurisdiction all other iurisdictions are subiect and referred as to the first fountaine from whence they flow And in another place likewise he saith that the preseruation both of particular and vniuersall iustice belonging to the Popes Idem ibidem pag. 105. 106. office for asmuch as he cannot be attentiue to such terrene affaires lest applying himselfe to these small matters hee might leaue celestiall things vndone hee dealeth in such sort with Emperours Kings and Princes for his owne assistance as Iethro taught Moses who following Iethroes counsell did appoint Iudges to deale in temporall causes that hee might more freely apply himselfe to those that were spirituall he the said Pope hauing notwithstanding in himselfe power and authoritie to correct the errours of such Emperours Idem ibidem pag. 98. Kings and Princes and to iudge of their excesses as there should bee cause For saieth Mancinus further though Princes are free within their proper territories Idem ibidem pag. 120. and may freely vse their power and authoritie yet they haue their boundes and limits which they must not passe and there is a meane in the vse of it which they are bound to obserue but if they exceede their measure and passe their line then it is the part of Christs vicar in whom is the top of both authorities to take knowledge of their proceedings and to remedie them and that in matters of greater difficultie and weight Appeales doe therefore lie from all Kings to the Pope as when mens rights are ouerthrowen they are to flie to the supreme Iudge whose office is to iudge such causes 109 So as this Examinate saith hauing thus deliuered truely the effect and substance of Mancinus iudgement touching this point set downe by him the said Mancinus at large and with great varietie according to their opinions who concurre with him concerning the Popes inherent authority and iurisdiction ouer all the world directly in causes temporall it doth appeare what his and their conceit is of the casuall practise of that great authority And he confesseth it to be this in effect viz that Emperours and Kings holding their authority as from the Pope they are to him as Moses his Iudges and rulers were vnto him and that therefore when it happeneth or falleth out casualiter that the Pope holdeth it fit to depose any King from his Crowne and kingdome to absolue his subiects from their Allegeance to authorize them to beare armes against their King so deposed to command them vnder paine of Excommunication so to doe in that being deposed he is no more their King or otherwise when hee holdeth it conuenient to correct and punish any other Kings for dealing vniustly with their subiects vpon complaint made vnto him as vnto the chiefe Iudge if they persist in so doing he may so deale and proceede with them euen as Moses might haue done vpon any complaint brought vnto him in some such like cases against any of his Iudges and rulers deputed vnder him And furthermore that if a King so deposed by the Pope will needs keepe his Kingdome still if his subiects notwithstanding the Popes commandement to the contrary will not be induced to beare armes against him nor to withdraw their obedience from him but will still honour obey and serue him or if other Kings will so far contemne the Popes authority when vpon Appeales made vnto him they doe persist in oppressing their subiects so as the Pope is driuen vpon their contempts to take the like course with them then in those and the like cases saith Mancinus and others the Pope being the highest Mancinus ibidem pag. 232. Bishop and Christs vicar and glistering with regall dignitie may without all doubt if hee will moue armes proclaime warre and excite men himselfe to battaile and it is also generally by these men held that the Emperour and all other Christian Kings and Princes are at the Popes commandement and beck to draw their swords and to vse all their forces for the putting in execution of his said Sentences to the suppressing of the said obstinate Kings and the transferring of their kingdomes vnto some others 110 Here this Examinate being asked what difference there was betwixt these mens opinions who hold that the Pope may thus proceede with Kings and princes by vertue of his authoritie in all temporall causes directly but casualiter that is in such cases as are aboue expressed when casually they happen and the other side who although they deny that the Pope hath any such authoritie directly yet they affirme as it hath beene oft aboue mentioned that he hath power to depose kings and to transferre kingdomes in ordine ad spiritualia indirectly per accidens by a certaine consequence incidently secundùm quid secundariò per consecutionem accessorily and casualiter that is when such occasions are offered hee this Examinate answoreth that he must needes confesse there is no difference at all betwixt them in respect of their iudgement touching the lawfulnesse of the Popes authoritie to proceede casualiter as is aforesaid with such obstinate princes but onely this that the one part supposeth this authoritie to be inherent in the Pope as hee is Christs vicar which the other denyeth but saith notwithstanding that he hath it though not inherent in him yet indirectly by a consequence because all kings and princes when they are baptized doe promise and vndertake inclusiuè that they will for euer maintaine the Church be obedient to the Pope and at his commandement for the suppressing of all such persons whosoeuer as shall oppose themselues against the Catholicke faith Insomuch that Cardinall Bellarmine Bell. de Rom. Pon. lib. 5. cap. 6. euen in the same Chap. where hee remembreth the Popes dealing in temporall causes incidenter cà sualiter incidently and casually although he acknowledgeth that the Pope as hee is Pope
Papali cap. 13. France except that which Zacharie did in the deposition of Hildericus may bee expounded deposuit id est deponentibus consensit sicut exponit glossa Zacharie deposed the King that is hee gaue his consent to those that did depose him as the glosse doth expound it that from such singular facts of deuotion to the Church or to the person or of fauour or for some other cause and not in right of law arguments may not bee made that whereas it is read in histories that Boniface obtained of Phocas the Emperour that the Church of Rome should be the head of all Churches because the Church of Constantinople did write herselfe so it might bee collected by such a like argument that it appertained to the Emperour to transferre the primacie of one Church to another as likewise whereas Isidore saith that Constantine the Emperour did decree that the See of Rome should hold the principalitie ouer the foure chiefe Sees Antioch Alexandria Constantinople and Hierusalem God forbid that thereupon we should say that the Church of Rome hath her Primacy ouer Churches and the disposition of them from Emperours So as this Examinate saith that which was done as touching the deposition of Hildericke the king of France doth no way alter his opinion before shewed touching the Popes authoritie in temporalibus casualiter when they are lawfully referred vnto him as in the Sect. 113. he hath specified 120 Here this Examinate was put in minde of certaine wordes of his in the said 113. Section where saying that the Pope as hee is Christs vicar could not otherwise deale in temporalibus casualiter then as here he hath said he seemeth to insinuate that in some other respect hee might deale in temporall causes with Kings for the deposing of them and proceeding with their subiects as hath bene before diuers times mentioned And the rather it so seemeth in that he hauing before cited out of Mancinus how the Pope hath authoritie to proclaime warre and so become a man at armes did let that point passe him without answere vnto it 121 For satisfaction whereof this Examinate saith that in his iudgement it is as lawfull for the Pope to make warre within his own Territories which he holdeth as a Temporall Prince when he is driuen thereunto through the disobedience of his subiects or in their defence against other Princes as it is for any King or ciuill State so to doe vpon such or the like occasions and that Iacobus Gretzerus saith well if this Examinate doth rightly vnderstand him to this purpose and to the iustification of all in effect which this Examinate hath set downe throughout the whole course of this his Examination touching his deniall of the Popes authoritie either directly as he is Pope or indirectly in ordine ad spiritualia as he is Summus Princeps spiritualis the Supreme spirituall Prince to depose Kings and release their subiects from the oathes of their allegeance c. where he writeth in this sort Cogit Pontifex Romanus poenis externis spiritualibus vt Excommunicatione Gretzerus defens controuers Bellar. colum 1404. item poenis externis temporalibus corporalibus quà ipse est Princeps politicus quà Principum politicorum opem implorare potest vt haereticorum petulantiam licentiam poenis temporalibus compescant that is That the Bishop of Rome hath authoritie to compell men by outward spirituall punishments as by Excommunication and also by outward temporal and corporal punishments as he is himselfe a ciuill Prince and as he may implore the assistance of other ciuill Princes that they may represse by temporall punishments the wantonnesse and liberty of heretikes 122 And this Examinate also further saieth that for ought he can Iudge whereas some exceptions were taken to the Popes sending of certaine small forces into Ireland about the yeere 1580. to assist the Earle of Desmond Cardinall Allen in answere of them doth politically iustifie that his fact where hee writeth in this manner The chiefe Bishops of Christs Church our supreme Pastors in earth by Gods prouidence and by the graunts of Card. Allens answere to the English Iustice pag. 144. our first most Christian Emperours and Kings and by the humble and zealous deuotion of the faithfull Princes and people afterwards haue their temporall states dominions and patrimonies whereby they most iustly holde and possesse the same and are thereby lawfull Princes temporall and may most rightfully by their Soueraigntie make warres in their owne and other mens iust quarrell as occasion shall vrge them there vnto 123 By reason of diuers particulars deliuered by this Examinate in this his answere to the last doubt propounded vnto him it was first demanded of him whether in his iudgement the Pope hath authority to command any king being held for a Catholicke to take armes against any his neighbour kings deemed by him for heretickes for the suppressing of them by temporall coertions when the Pope shall iudge it fit because it might seeme very strange for any man to conceiue that Christ euer gaue to S. Peter any iurisdiction authoritie or power in fauour of religion to set kings together by the eares It might haue some probabilitie that if a king who disalloweth of the Popes supremacie and of many other corrupt points of popish doctrine should send his forces into any other temporall princes dominions to make warres of purpose to abolish the Popes authoritie and plant there the reformed religion by him professed then in this case the Pope might sollicite some other kings adioyning to oppose them selues make warres against him But to imagine that when a King proceedeth no further then to order matters in his owne kingdome by the aduise of the States thereof both Ecclesiasticall and Temporall as it shal be iudged by him and them most expedient any Bishop or Spirituall person whosoeuer may take vpon him to proclaime or excite warre and thrust other kings to assaile him by force in his owne kingdome and countrey euery such conceit wanteth authoritie in the new Testament and hath no example for many yeeres in the purest and best times of the Church and besides it is repugnant to that which this Examinate hath before deliuered For kingdomes being neither founded vpon faith nor grace how can they be shaken vnder pretence that either of them is impugned Christianitie may well be thought to binde a king who reckoneth himselfe subiect to the Bishop of Rome in spirituall causes in them to submit him selfe vnto him but to command him to make warre and thereby hazard peraduenture his owne kingdome or spend the blood either of his owne Subiects or of the subiects of any other Christian King when the Pope thinketh good is a very bloodie and an vnchristian opinion 124 Vnto this question and the parts thereof this Examinate saith that he beleeueth that all Christian Kings and Princes are bound to doe what they can for the maintenance of the Catholicke faith
37. euery Catholike man is bound in conscience to employ his person and forces by direction of such as are vertuous intelligent in such cases but especially c. of Christs Vicar in earth whose soueraigne power and authoritie c. may best instruct and warrant a Christian Souldier how farre when and where either at home or abroade in ciuill or forreine warres made against the enemies or rebels of Gods Church he may and must breake with his temporall Soueraigne 131 Furthermore this Examinate saith that he cannot chuse but confesse from his heart that he doeth dislike and disallow all the Arguments Card. Allens Admonition to the Nobilitie of England published in a booke about the yeere 1588. Which did tend to perswade the late Queenes subiects to take part with the forces of the king of Spaine because she was deposed by the Popes Sentence and in some other respects therein mentioned and likewise all the perswasions and resolutions which were sent into Ireland during the late rebellion of the Earle of Tyrone either from Salamanca or from any place else tending to the same purpose with the former for example 132 That the late Queene being deposed and her D. Iohn D'Aquila his Proclamation Subiects absolued from the oath of their fidelitie by the highest Bishop vnto whom hee that reigneth in the highest the King of kings had giuen all power to plucke vp destroy plant and edifie ita vt ipsos Reges temporales si ad spirituale aedificium expedierit vsque ad depositionem à Regno puniat so as he may punish temporall kings if it be auaileable to spirituall edification be it to the deposition from their kingdomes the Irish were bound by the commandements of God and the obedience which they did owe to the highest Bishop to toyne with Don Iohn D'Aquila sent thithey from the King of Spaine by the Popes intreatie 133 That for asmuch as the Bishop of Rome had Ibidem now procured forces to be sent vnto them the Irish for the defence of their faith they should all vpon notice of the said Don Iohns proclamation with all their power come vnto him and that he would prosecute to death as heretiques and hatefull enemies to the Church all those who contemning his counsell should continue their obedience vnto the English 134 That it was lawfull for the Bishop of Rome Determinat Salaman◠1602. by force of armes to punish those who doe oppugne the Catholtcke faith that the warre vndertaken by Tyrone authoritate summi Pontificis by the Popes authoritie against the late Queene that oppugned the Catholicke faith was iust and that all the Catholicks were bound to ioyne with him with a great merit and hope of the greatest eternall retribution that they deserued as much thereby as if they bare armes against the Turke that all those Catholickes did sinne mortally that did follow the tents of the English against Tyrone that they could neuer obtaine euerlasting saluation nor bee absolued from their sinnes by any Priest except they did first repent and forsake the English that the same iudgement likewise was to bee giuen of them who in that warre did fauour the English with armes and prouision paid their ancient tributes or did contribute any thing vnto them and that they who folowed Tyrone were no rebels nor denied any obedience that was due nor did vsurpe vniustly the landes of the Queene but did rather by a most iust warre free their Countrey from a wicked Tyrant and defend the Catholicke faith as it became Christians and Catholickes 135 With the consideration of these things this Examinate saith his very heart is wounded finding such strength of wit pretences of religion so intolerably abused to the effusiō of blood and for priuate respects such as in his conscience God doth not allow nor the doctrine of the Catholicke Church agreed vpon doth approoue And he is the more moued herewith he auoweth partly because so many worthy English writers haue of later yeeres runne into this violent course labouring to vpholde it with all their strength and abilitie of learning and partly for that hee feareth except it may please God to moue the Popes heart for the staying of it what issue it will haue in the end Sanguis petit sanguinem blood will haue blood The Church did encrease by the suffrings of Martyrs but it may perhaps decrease by seeking of blood That hitherto was neuer accounted the seede of the Church And touching the reasons from Spaine carry what colour they shall yet neuer was it heard of before for ought this Examinate hath read that the subiects of any King might not assist their Soueraigne in his warres without the Popes allowance And besides it is not likely that the king of Spaine will in his princely iudgement approue that as D. Iohn D'aquila saith the Pope may depose any king from his Crowne if it be expedient for the Church If the Irish had not engaged themselues too farre in the rebellion then on foote before this Spanish Generall his Proclamation they could neuer out of doubt haue bene much moued with it It was the conquering of the Kingdome for his Master that he aimed at or otherwise their faith for him might haue lien in the dust Kings haue their owne ends in such cases and not the Popes Neither was the determination of Salamanca of any greater weight The authors of it sought to promote their Soueraignes affaires as if they had bene better Statesmen then Diuines For it will hardly appeare either in the Scriptures or in any ancient Father or Councel that subiects did euer merite heauen by bearing of armes against their Soueraignes 136 Here this Examinate was further put in minde of the charge which is imposed vpon the Romish priests now as it seemeth vnder his gouernement how they are to proceede for the aduancement of the Catholicke faith Thus hereof diuers haue written being men of great estimation 137 The zeale and duetie of Gods Priests is notably Card. Allen Admon pag. 32. 33. commended vnto vs in the cause of Athalia c. whom Ichoiada the high Priest calling vnto him forces both of the Priests and people caused to be slaine loe this is the Zeale and authoritie of Priests for the maintenance of righteousnesse and religion 138 Priests and Prophets haue bene principall workers Idem ibidem pag. 34. and Gods ministers in the depriuation of princes wherein the Prophet Elie was so notorious that to his honour it is thus saide of him in holy writ Hee cast downe kings and destroyed them and of Elizeus in the same place thus He neuer feared prince nor could of no man be ouercome And thus it was in the old Testament 139 That in the new Testament the Priestes haue Idem ibidem pag. 34. 35. much more soueraigne authoritie and the prince farre streighter charge to obey loue and cherish the Church that now euery kingdome that doeth not
England howsoeuer they are scrupulous in conscience and may be a litle mislead haue sincere true hearts vnto his Maiestie and their Countrey that he doubteth not but these deuises and phrases of deposing of Kings and exciting of Subiectes to Rebellion will grow both verbally and really out of vse and bee forgotten that this Examinate as long as hee continueth Archpriest will for his part doe the vttermost of his power what hee can to moue all Catholickes to continue their obedience and duetie towardes his Maiestie and not to giue eare to any thing that may tend to the contrary that doing what he is able there can no more bee well expected from him that he hath in the whole course of this his long examination deliuered his conscience and iudgement sincerely and truely without any causion of what nature or kind soeuer so as hee will neuer hereafter doubt but that his Maiestie and the State will euer repute him as indeede he is and so will alwayes continue a most loyall faithfull and duetifull subiect And hereunto he addeth that the remembrance and due consideration of all the premisses hath wrought so with him as he hath euen of conscience and compassion ouer some men otherwise affected then they ought to bee in his iudgement directed his letter vnto all the Catholickes of England both Ecclesiasticall and Lay to the end they may better bethinke themselues touching these points and conforme all their cogitations and actions to such duety and obedience towards his Maiestie as by the word of God they are bound and as all the ancient Christians did and all good Catholickes still remaine obliged to doe Whereupon he desired for Gods sake that thus his Examination might ende and therein hee had his desire Georgius Blakwellus Archipr Anglorum Protonotarius Apostolicus MASTER BLAKWELS Letter to the Romish Catholikes in England VEry Reuerend and my dearest beloued brethren both Priests and people Catholike four seruant in bands George Blakwell lately your fellow-labourer in Christs Vineyard and your faithfull pastour and Archpriest doe remember you alwayes in my prayers that Almighty God through our Lord Iesus Christ may graunt vnto you peace patience humilitie and true obedience not onely to those who haue the especiall charge of your soules but likewise to Ciuill Magistrates according to his holy ordinance King Iames our lawfull Soueraignè and such as be in authoritie vnder him vnto whom the protection of your bodies goods and liues is committed that you may leade a quiet and peaceable life in all godlinesse and honestie You are not ignorant of the oppositions and parts-taking concerning the Oath of Allegeance to his Maiestie whether with a safe conscience it may be taken or not nor how I haue bene blamed by diuers and especially by Cardinal Bellarmine a worthy and eminent man in the Church for my iudgement and former proceedings in that behalfe neither also what the Popes holinesse hath signified vnto you in his two Briefes touching that matter Which may peraduenture make you to wonder and grow iealous of my sinceritie in the Catholicke faith when you shall finde me notwithstanding all that hitherto I haue either heard or seene still to continue in my former opinion and to acquaint you with it accounting it my duetie both before God and the world so to doe I know what is conuenient and profitable for the Church and what authoritie the Bishops of Rome haue put in practise with good successe and approbation against sundry Emperours Kings and Princes for many yeeres and wish that the same had euer bin so mildly and temperately vsed as that it might neuer haue bene impugned nor called in question by any But now that this point is so throughly searched into not only by our aduersaries but by our selues likewise I being pressed as I haue bin to deliuer my iudgment sincerely and truely as in the sight of God accordingly to take the said oath since newly againe more earnestly vrged then before how could I chuse but acknowledge what I thought so farre as my learning reacheth except I should haue sinned against mine owne conscience and incurred thereby the wrath of God who needeth by no vntrueths to haue his Church and the honour of it vpheld and mainteined by any It is one thing what may be yeelded vnto and put in practise de facto and by positiue lawes and another what may truely be challenged iure diuino which second branch is that which is now amongst our owne brethren so controuerted and diuersly defended as I feare greater preiudice will grow thereby to Catholicke religion then is iudiciously as yet foreseene or prouided for to be preuented For it can neuer bee iustified say what men list that the doctrine of the Church doeth by any true exposition or deduction any way diminish or empeach the Soueraigntie and honour of Emperors kings and princes but doeth indeed confirme and establish them the contrary conceit whereof was falsly imputed to the Christians in the glorious ages of the Church which did succeed the Apostles and ought still to be as much impugned and detested now as it was then That which Cardinall Bellarmine hath written to this purpose is sound and Catholicke and will neuer by any quirke be auoided Christ saith he did not nor doeth take kingdomes Bell. de Rom. Pont. lib. 5. cap. 3. from them to whom they did belong For Christ came not to destroy those things which were well setled but to establish them And therefore when a King becommeth a Christian hee doeth not lose his earthly kingdome which by right hee held but purchaseth a new interest to an euerlasting kingdome Otherwise the benefites receiued by Christ should be hurtfull to Kings and grace should destroy nature And againe Princes infidels are the true and supreme Princes of their Idem ibidem cap. 2. kingdomes for dominion is not founded either in grace or in faith so as the Pope hath no authoritie to meddle with them As long then as kings be Ethnickes they are sure of their interest in their kingdomes and of the obedience of their subiects the very law of Nature doeth ratifie both and can you conceiue that as soone as they are become Christians their case is altered in the assurance of their temporall estates Must it be pretended that the benefite receiued by Christ doeth no way preiudice the interest that Kings haue in their kingdomes but when they haue submitted themselues to the doctrine of the Gospel in hope of the kingdome of heauen and to haue their states bettered and their subiects setled as touching their obedience according to the precepts of Christ and his Apostles agreeably vnto the morall Law of God must then vpon any occasion grace destroy nature or dominion be shaken which is not founded in faith Thinke you that it was euer the intent either of Constantine the great or of any other Kings or Princes to receiue the Gospel or to ioyne
their Regall authoritie with the Ecclesiasticall thereby to strengthen Bishops in the execution of their offices with any purpose that the power Ecclesiasticall should swallow vp depresse or ouertop their temporall Soueraigntie Assuredly my deare brethren such cogitations as these are scandalous to Christianitie and ought to make no impression in your soules otherwise then to eschew them Baptisme doth worke no such alteration in kings or any other it tendeth to the destruction of the kingdome of Sathan but doeth no way empaire or subiect vnto any their temporall estates otherwise then as they shall be mooued in charitie and honour where they haue receiued spirituall blessings there to bestow their benefites and fauours temporall The coniunction of the Church with temporall kingdomes to make one Christian bodie doeth make no other transmutations nor confound their gouernments and functions they doe still remaine distinct as they did before so as neither can any Emperour King or ciuill Magistrate take vpon him the administration of the keyes of the kingdome of heauen nor the execution of any other parts of priestly duties nor any Priest Bishop or the Pope himselfe challenge in right of the Church and as they are Bishops any interest or power in the temporall sword to manage the same as they thinke fit either themselues or by others at their direction it being a power giuen onely by God vnto Kings and Princes to take vengeance on them that doe euill and to be yeelded vnto not because of wrath onely but also for conscience sake Neither may the words of God to the Prophet Ieremie where hee saith I haue set thee Ierem. cap. 1. ouer nations and ouer kingdomes to plucke vp and to throw out and to destroy and throw down to build and to plant be truely inforced to giue authoritie to his Holinesse for the transferring of kingdomes from one to another or to depose kings for any cause whatsoeuer or to absolue their subiects from their allegeance or to authorize them to beare armes against their Soueraignes or to roote out and destroy any kingdome king or prince vnder pretence of building or planting some other This was farre differing from the meaning of the holy Ghost which in my iudgement is more truely syncerely expounded by that worthy Cardinall Hugo Barcbionensis about 368. yeeres since whether you will take the meaning of it literally or mystically where he writeth in this sort I haue placed thee ouer nations Hugo Card. in Iere. cap. 1. and Kingdomes vt euellas i Iudaeos esse euellendos de terrâ suâ enuncies that thou mayest declare that the Iewes are to be caried by force out of their countrey destruas i ciuitatem Ierusalem destruendam terram eorum prophetes that thou mayest foretell the destruction of Ierusalem and of their countrey disperdas i eos disperdendos à principibus Chaldaeorū praedices that thou mayest preach vnto them their dispersion by the princes of the Chaldaeans dissipes i dissipandum esse praedices regnum Iudaeorum per captiuitatem that thou mayest foretell the destruction of the kingdome of the Iewes through their captiuitie And lest the Iewes might haue despaired therefore he doth not onely foretel their captiuity but likewise their deliuerance thence adding aedifices i ciuitatem reae dificandam nuncies that thou mayest assure them their citie shall againe be reedified plantes i Iudaeos adhuc plantandos esse in Iudae praedices that thou mayest foretell the Iewes that they shall bee againe planted in their owne land Hitherto the Cardinal for the literall sense of Gods words vnto Ieremie and then thus of them mystically That thou mayest pull vp vnprofitable berbes that is euill cogitations by contrition and destroy hurtfull delights with pure confession and dissolue sinnes ill growen together by competent satisfaction and breake asunder the bands of euill custome by good conuersation and build vpon a sure rocke by cumulation of merits and mayest plant the tree of life in thy selfe and in others virtutum radicatione by the ingrafting of vertues Out of question the Prophet Ieremie who best vnderstood the meaning of God when he spake vnto him did not otherwise ouerthrow kings or kingdomes or scatter or destroy or plant or build vp any kings people or nations in his time then as this worthy Cardinall hath literally expounded the said words neither may they be further extended either literally or mystically as of later times they haue been extended for such their proceedings with kings and princes as in the Oath of Allegeance are sought to bee preuented Not long since Cardinall Bellarmine did write a letter vnto me in dislike of my yeelding to take the said Oath and perswading of others therein to followe mine example where unto after my answere was made such plots were layed by them who haue their watches ouer me as the Cardinals letter it selfe and the copie of my answere vnto it were knowen and had from me and I was thereupon brought into a long and very strict Examination wherein I being drawen from point to point and pressed vpon my duetie both to God and to his Maiesty to discharge my conscience according to my knowledge I haue dealt as becommeth a true Priest a duetiful subiect to his Maiestie a faithfull seruant of God and an obedient childe to the Popes Holines and of the Catholike Church and doe very humbly pray you my louing brethren of all sorts and withall straightly charge you by the mercies of God and in the bowels of Iesus Christ as being your Arch-priest and thereby hauing yet authority for ought I knowe ouer you thus to write vnto you that if euer my said Examination doe come to your sight as I am verily perswaded it will you doe not dislike or impugne it but wholly conforme your selues and your conuersations by your due obedience to his Maiestie agreeably vnto it The yonger sort of Catholickes I know such as are subiect to passion and strength of sundry humours and in whom there is more feruencie courage and forwardnesse then true discretion iudgement and experience will when they see it mutter and peraduenture exclaime against me But I am better perswaded of you who are more iudicious and of the graue and wiser sort that no suggestions against me or wrested constructions of any thing by me deliuered either herein or in my said Examination may breede in you any offence being men better grounded and setled in the truth touching your obedience to his Maiestie then that hereafter you will euer giue eare to any of these or such like other intiseable perswasions of mens alluring reasons as that you are no longer to obey his Maiestie as dutifull Subiects are commanded by the Apostles but vntill you shall bee able without danger either of losse of goods or of your liues by reason of your numbers or of some direction from the Pope to beare armes against him or to machinate or put in practise any attempt
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