the priueledge it selfe is named King at whose instance S. Gregorie saith he granted that priueledge Baronius might with the same reason haue affirmed that not only the subscription but also the priueledge it selfe was afterwards made and adioyned to S. Gregories Epistles which without doubt Baronius would quickly haue acknowledged if it had not beene for those words honore suo priuetur which hee thought made greatly for the Popes power to depose Princes seeing that vpon far weaker grounds hee sticketh not to deny oftentimes priueledges and antiquities which neuer before were called in question 12. And although Pope Gregorie the seuenth in his Epistle to the Bishop of Metz doth not cite this priueledge of S. Gregorie granted to the Monasterie of S. Meâ—ard which is no small coniecture that this priueledge was not extant in those daies among the Epistles of S. Gregorie for otherwise it bearing so great a shew of being authenticall by the subscription of 30 Bishops and the King and Queene of France who were witnesses thereunto it would by all likelihood haue beene cited by Pope Gregorie the seuenth but an other priueledge granted to an other Monasterie by S Gregorie in his Epistle to one Senator Abbot Å¿ Lib. 11. epist epist 10. wherin S. Gregorie did not say honore suo priuetur let him be depriued of his honour but potestatis honorisque sui dignitate careat let him want or I desire he may want not his honour but the worthinesse of his power and honour which words are not so forcible to prooue the Popes authoritie to depriue Kings of their princely honour and power but at the most to declare them to bee vnworthy of it for some crime committed by them and to be worthy also to be damned in hell with Iudas the Traitor for that many a one may be a true King and haue princely power and honour who is vnworthy thereof Neuerthelesse besides that the aforesaid words do containe no sentence of depriuation but onely a curse or imprecation which kinde of imprecations euen containing anathema was frequent in the priueledges granted by Lay-men yea and vpon sepulchres that men should be fearefull to violate them as Baronius t Ad an 1097. Num. 51. relateth also this priueledge mentioned in S. Gregories epistle to Senator is not so authenticall both for that it hath neither date of any yeare or day when it was written nor subscription of any witnesse which by likelihood it would haue had if there had beene any authenticall copie thereof and also for that the Authour of the booke intituled de vnitate Ecclesiae who is thought to be Venericus Bishop of Vercellis and liued in Pope Gregorie the seuenth his time answering that epistle of Pope Gregorie the seuenth to the Bishop of Metz doth bouldly affirme that those words potestatis honorisque sui dignitate careat let him want the worthinesse of his power and honour were not in those daies extant among the workes of S. Gregorie Whereby the Reader may easily perceiue what weake demonstrations and authorities Card. Bellarmine doth so often inculcate to conuince this doctrine for the Popes power to depose Painces to be a point of faith 13 Thirdly it is also repugnant saith D. Schulckenius to those most famous French writers whom I related before But although it be true that the most part of those seuenteene French writers related by Card Bellarmine in his booke against Barclay and now in his Schulckenius against me are of opinion that the Pope hath power to depose Princes this neuerthelesse may also be true which Petrus Pithaeus affirmeth to wit that France vnderstanding thereby the State of France hath euer held the the Pope hath no authoritie to depriue the King of France of his Kingdom May it not truly be said that the Kingdome and State of England hath from the first yeere of Queene Elizabeths reigne euen to this present time held that the Catholike Romane Religion is not the true Religion notwithstanding that not onely seuenteene but seuenteene thousands there haue been of English Catholikes since the first beginning of hir reigne till now who haue held the contrarie wherefore when Petrus Pithaeus affirmed that France hath euer held that the Pope hath no authoritie to depose their King by France hee did not vnderstand euery particular French-man but the State and temporall Gouernours of the Kingdome of France which his assertion is also confirmed by the State and Parliament of Paris first in the censuring of Card Bellarmines booke against D. Barclay then in burning his Schulckenius written against me afterwards in condemning Suarez booke against his Maiesties Apologie for maintayning so stifly this doctrine for the Popes power to depose Princes and to dispose of all their temporalls which they call a scandalous and seditious a damnable and pernicious doctrine and now lastly by the decree of the Parliament of Paris the second of Ianuarie of this present yeere 1615 wherein it is ordained that it shall not bee held for problematique and also by the new oath of allegiance like vnto that of ours but that ours is more sweete and more modest as the Cardinall du Peron u Pag. 100. affirmeth which those of the lower house of the generall assembly of all the States of France whom the same Cardinall du Peron in his speech to them confesseth to be Catholikes x Pag. 96. endeauoured to haue made for a fundamentall Law 14 Lastly it is also repugnant saith D. Schulckenius to reason it is repugnant to the principles of the Catholike faith For if the Subiects of the King of France be bound to obey their King being excommunicated and that they can not be absolued from this obedience by the Pope it followeth that either the King of France can not be bound by Christ his Vicar with the bond of ExcoÌ„munication or that his Subiects can not be loosed from the bond of their allegiance and obedience Both are repugnant to the words of Christ who said to his Vicar whatsoeuer thou shalt binde vpon earth shall be bound also in heauen and whatsoeuer thou shalt loose vpon earth shall be loosed also in heauen Neither did Christ except the King of France or his Subiects and who hath excepted them I can not tell This I know that no man could by right except them and whosoeuer will not be subiect to the keyes of the Church I know and with a cleare voice I doe pronounce that hee will neither bee a Christian nor can â—â—e appertaine to the kingdome of Christ 15 Great words to small purpose For although it be true that Card Bellarmine Suarez and some few others are or seeme to be of opinion that it is against reason and against the principles of the Catholike faith to hold that the Pope hath no authoritie to depose Princes yet it is also true that other learned Catholikes are of opinion that it is neither against reason nor against the principles of the Catholike faith to hold
against the said Queene she was their true and lawfull Queene and that they did owe vnto her obedience and allegiance as to their lawfull Prince And Nicholas Harpesfield answered more plainly and distinctly that notwithstanding the aforesaid Bull sentence and declaration of the Pope or any other already denounced or hereafter to be denounced by the Popes authority he did acknowledge her to be his true Queene and was to be obeyed as a true Queene and had as ample and full Regall authoritie in all ciuill and temporall causes as either other Princes haue or her most noble Progenitours euer had The like also M. Edward Rishton and M. Henry Orton both learned Priests did answere 13. But M. Iames Bosgraue a learned Iesuite in his declaration made in the yeare 1582. did more plainly and fully set downe his opinion concerning the power it selfe to depose that he did thinke and that before God that the Pope hath no authoritie neither de facto nor de iure to discharge the Subiects of the Queenes Maiestie or of any other Christian Prince of their allegiance for any cause whatsoeuer and that he was inwardly perswaded in his conscience that the Queenes Maiestie both is his lawfull Queene and is also so to be accounted notwithstanding any Bull or sentence which the Pope hath giuen shall giue or may hereafter giue and that he is readie to testifie this by Oath if neede require Mr. Iohn Hart also a learned Iesuite in his conference with M. Rainolds in the tower in the yeare 1584. and in his Epistle to the indifferent Reader did answere as effectually As for that saith he which M. Rainolds affirmeth in one place h Chap. 7. diuis 7. that I haue tould him that my opinion is the Pope may not depose Princes indeede I tould him so much And in truth I thinke that although the spirituall power be more excellent and worthy then the temporall yet they are both of God neither doth the one depend on the other Whereupon I gather as a certaine conclusion that the opinion of them who hold the Pope to be a temporall Lord ouer Kings and Princes is vnreasonable and vnprobable altogether For he hath not to meddle with them or theirs ciuilly much lesse to depose them or giue away their Kingdomes that is no part of his commission Hee hath in my iudgement the Fatherhood of the Church not a Princehood of the world Christ himselfe taking no such title vpon him nor giuing it to Peter or any other of his disciples And that is it which I meant to defend in him and no other soueraigntie 14 Mr. Camden also relateth In Annalibus rerum Anglic. c. pag. 327. ad ann 1581. that when Fa Campian and diuers other Priests were demanded by the Magistrate whether by the authoritie of the Bull of Pius Quintus hir Maiesties Subiects were absolued from their oath of allegiance in such sort that they might take armes against hir Maiestie whether they did thinke hir to be a lawfull Queene whether they would subscribe to the opinion of D. Sanders and Bristow touching the authoritie of that Bull whether if the Pope should make warre against the Queene they would take his or hir part Some answered so ambiguously some so headily others by wrangling k â—â—rgiuersando or by silence did shift off the questions so that diuers plaine dealing Catholikes began to suspect that they harboured some treachery and one Iames Bishop a man deuoted to the Pope of Rome did write against these men and did soundly shew that Constitution which is obtruded in the name of the Councell of Lateran whereon all the authoritie to absolue Subiects from their Allegiance and to depose Princes is grounded was no other then a decree of Pope Innocent the third and neuer receiued in England yea and that Councell to be none at all nor any thing there decreed at all by the Fathers By all which it is euident that few English Catholikes were of opinion that the Pope hath power to depose Soueraigne Princes vntill these later Iesuites and such as adhered to their opinions began to defend so eagerly the Bull of Pius Quintus and to maintaine with such vehemencie his aforesaid authoritie to depose Princes as a point of faith which doctrine how preiudiciall it hath been and is at this present to Catholikes and Catholike Religion I leaue Catholike Reader to thy prudent consideration Chap. 6. Wherein the authoritie of the Kingdom and State of France is at large discussed 1. THe sixt and last testimonie which I brought in my Theologicall Disputation a Cap. 3. sec 3. num 12. and also in my Apologie b Num 30. seq and which onely if there were no other would suffice to proue that the doctrine for the Popes power to depose Princes is not a point of faith was taken from the authoritie of the most noble and most Christian Kingdom and State of France which euer held the contrarie to be the more true sound and assured doctrine And first to omit the authoritie of Iacobus Almaine a famous Schoole-Diuine of Paris whereof I spake before who affirmed that very many or most Doctors were of opinion that the Pope hath not by the institution of Christ authoritie to inflict temporall punishments no nor so much as to imprison much lesse to depriue Princes of their Kingdomes or liues in a generall Parliament or assembly of all the States of France held at Paris in the yeare 1593. the Cardinall de Pelleue and other Prelates who then were present tooke exceptions against certaine decrees of the Councell of Trent which Laurentius Bochellus relateth among which that of the 25. session chap 19. wherein the Councell forbiddeth Kings to permit single combats was one The Councell of Trent say they doth excommunicate and depriue a King of the Cittie or place wherein he permitteth to fight a single combate This article is against the authoritie of the King who can not be depriued of his temporall Dominion in regard whereof he acknowledgeth no Superiour at all 2 Secondly Petrus Pithaeus a man as Posseuine the Iesuite relateth truly learned and a diligent searcher of antiquitie in his booke of the liberties of the Church of France printed at Paris by authoritie of the Parliament in the yeare 1594 doth out of a generall maxime which France as he saith hath euer approued as certaine deduce this particular position That the Pope can not giue as a prey the Kingdome of France nor any thing appertayning therevnto neither that he can depriue the King thereof nor in any other manner dispose thereof And notwithstanding any admonitions Excommunications or Interdicts which by the Pope may be made yet the subiects are bound to yeeld obedience due to his Maiestie for temporalls neither therein can they be dispenced or absolued by the Pope 3 Mark now good Reader what silly shifts D. Schulckenius hath found out to repell the aforesaid authorities To the
Princes who in things temporal are supreme and subiect to none but God So also there be only two subiections and obediences answerable thereunto to wit spirituall and temporall So that if such a power or obedience be not spirituall it must of necessitie be temporall and with the same certaintie or probabilitie that one is perswaded such an authoritie not to be spirituall he must be perswaded that it is temporall That authoritie is spirituall and due onely to the Pope which Christ hath giuen to his Church and the spirituall Pastours thereof All other supreme authoritie is temporall and due only to temporall Princes And therefore if it be probable as in very deede it is and as you may see it in this Treatise clearely conuinced so to be that the Pope hath no authority giuen him by Christ to depose Princes it is consequently probable that the aforesaid authoritie if there be any such authoritie on earth to depose Princes is not spirituall but temporall and that therfore whosoeuer granteth it to the Pope doth giue to him that obedience which is due to temporall Princes and consequently he doth against the expresse command of Christ not render to God and Caesar that which is their due 3. Well then thus you see that if the Pope should challenge that obedience as due to him by the institution of Christ which Christ hath not giuen him and which consequently is due only to temporall Princes he should vsurpe that authority which he hath not in so doing he should transgresse the law of God and Nature and those subiects who should adhere to him and yeeld him that pretended spirituall obedience should also transgresse the law of Christ and be not only pretended but true Traitors both to God and their Prince in not acknowledging their Prince to be their true Soueraigne by yeelding that obedience which is due to him to an other and so by taking from him his supreme power or soueraingtie and giuing it to an other Prince which in very deed is to take the Diademe which doth signifie his supreme authoritie off from his head and place it vpon the head of an other 4. Now there is none of you as I suppose of so meane vnderstanding that can imagine that the Pope is so infallible in his opinion iudgement or any declaratiue command grounded thereon as that he can not possibly erre therein and challenge that authority as due to him by the institution of Christ which neuerthelesse Christ hath not giuen him but it belongeth only to temporall Princes This you may see by experience in Pope Boniface the eight who pretended that Philip the faire the most Christian KING of France was subiect to him in spiritualls and temporalls and declared them to be heretikes who should beleeue the contrarie and that he was a temporall Monarch of the Christians world and therefore that the kingdome of France by reason of the disobedience and rebellion of Philip their King was falne into the handes of the See Apostolike for which cause Pope Boniface was taxed by many learned Catholikes of great impudencie pride and arrogancie and his extrauagant Vnam Sanctam which he made to curbe the said King of France declaring that the temporall sword is subiect to the spirituall and temporall power to spirituall authoritie was reuersed by Pope Clement the fift the next Successour but one to Pope Boniface who declared that by the definition and declaration of Pope Boniface in his extrauagant Vnam SanctaÌ„ no preiudice should arise to the King and kingdome of France and that by it neither the King kingdom or inhabitants of France should be more subiect to the Church of Rome then they were before but that all things should be vnderstood to be in the same state wherin they were before the said definition as well concerning the Church as concerning the King Kingdome and Inhabitants of France The like temporall authoritie Pope Sixtus the fift if he had liued would also haue challenged for that as I haue been credibly informed by diuers Iesuites of good account who then liued at Rome hee did intend to suppresse Card. Bellarmines first Tome of Controuersies because he did not with the Canonists grant to the Pope this direct temporall Monarchie ouer the whole Christian world 5 So that the onely controuersie now is whether the Pope hath de facto erred or no in declaring the oath of allegiance to be vnlawful and to containe in it many things flat contrarie to faith and saluation vpon this supposall that it is a point of Faith that the Pope hath authoritie giuen him by Christ to depose Princes which is the substance of the oath as Fa Suarez a Lib 6 Defens Fidei fere â—er totum acknowledgeth and the maine question betwixt my Aduersaries and mee as M.r. Fitzherbert b In the end of his Preface in expresse words confesseth Now you may see if you please to reade that I haue cleerely proued in this Treatise that it is probable that the authoritie which the Pope claimeth to depose Princes is not true but vsurped not granted him by Christ but giuen him by men contrarie to those expresse words of CHRIST c Math. 22. Render the things that are Caesars to Caesar and the things that are Gods to God And therefore consider I pray you in what danger you stand of doing great iniury to your Soueraigne and committing flat treason against his Royall person and Crowne if you rashly and without due examination follow the Popes opinion iudgement or also declaratiue command grounded thereon who vnder pretence of demanding of you a profession of his spirituall authoritie and your spirituall obedience exacteth in very deede not spirituall allegiance but that obedience which is probably thought by many learned Catholikes to be a meere temporal allegiance and due onely to your temporall Prince 6 But obserue deare Countrimen a more manifest and dangerous gulfe into which for want of due consideration you may easily cast your selues For if once you grant that it is probable that it is a controuersie that it is a disputable question as in very deed it is and as I thinke very few of you who haue studied this question are perswaded to the contrarie that the right title power and authoritie which the Pope challengeth to depose Princes is no true title but pretended a meere temporall and not a true spirituall authoritie although I should grant you also for Disputation sake of which as yet I doe not dispute that it is also probable that the said title is good and that the Pope hath such an authoritie to depose Princes giuen him by Christ yet there is none of you so simple but if you will duely consider will presently perceiue that this title so long as it is in controuersie is titulus sinere a meere title which so long as it is disputable and debated on either side can neuer be put in practise by any man what opinion so euer he
innocencie by answering all his obiections and by clearing my selfe of all those imputations which hee hath falsly laid to my charge and if in defending my selfe I lay open his fraude and ignorance and returne his slanders backe vpon himselfe I ought not therefore to be taxed of calumniation seeing that to detect the slanders of the Aduersarie is not d Cap. 5. Apologiae to vse Card. Bellarmines owne words to be accounted a defaming Now to draw neere vnto the matter 4. Before my Aduersarie come to examine my Answere to his arguments he thinketh it not amisse to say somewhat concerning me the matter which I handle and the manner how I proceede therein First then touching me he affirmeth e In his Preface num 3. that whereas I call my selfe by the name of Widdrington it is well knowne to many that M. Roger Widdrington vnder whose shaddow I shroude my selfe is farre different from me in qualitie habit and profession And albeit f Num. 3. he is not ignorant what my true name and qualitie is yet he forbeareth to declare it for iust respects and will only say of me for the present that whereas our Aduersaries haue heretofore leuied and Prest many souldiers of their owne profession to maintaine their quarrells against vs they haue now in this late quarrell of the oath Prest one of ours I meane saith he this Authour who so much presumeth of his owne skill and strength that albeit the prouerbe saith Ne Hercules contra duos yet he feareth not to encounter tenne at once yea hopeth as it seemeth to wrest the club out of Hercules his hand and to beate him with his owne weapon For he taketh vpon him to ouerthrow Card. Bellarmine with his owne arguments to batter the fortresse of the Catholike Church with her owne Canons and constitutions c. 5. But first whether Roger Widdrington be the true or supposed the sole or ioint Authour of that Disputation it little auaileth to the matter which is now in controuersie and when my Aduersarie shall name more plainely that person whom he forbearing as he saith to name yet cunningly nameth I doubt not but that hee will not be afraid to answere him more fully neither will all my Aduersaries clamours and threatnings discourage him from defending the truth his Prince and Countrey for the loue wherof not for any hope of temporall lucre or preferment or for to shew his wit as my Aduersary falsly affirmeth he will not be ashamed to be Prest on to write against Mr. Fitzherbert or any other such like Authour who liuing in other Countries and out of danger to loose any thing but rather in hope to obtaine preferment by their writings would presse English Catholikes to defend with danger of loosing all they haue and of incurring his Maiesties high displeasuer that doctrine for the Popes power to depose Princes to be of faith which the State of France hath accounted scandalous seditious damnable and pernicious In the meane time let this suffice that he is a childe of the Catholike Romane Church and as good a Catholike if not better then Mr. Fitzherbert is if we will dulie consider the true nature and definition of a Catholike and that he is no true Catholike who with true Catholike and supernaturall faith beleeueth doubtfull disputable and vncertaine opinions and which consequently are subiect to errour to which true Catholike faith cannot in any wise be exposed 6. Secondly it is vntrue that I doe presume so much of my owne skill and strength that I dare aduenture to wrest out the club of Hercules his hand as my Aduersarie affirmeth or to encounter vpon equall tearmes with Card. Bellarmine or any one of those learned writers whom I named in my Disputation accounting my selfe to be farre inferior to euery one of them in skill and strength only excepting this my Aduersarie whose skill and strength I doe not greatly feare it being well knowne of what sufficiencie he is and that his skill in Philosophie or Schoole Diuinitie is not great although he hath prettie skill in making vse of other mens labours and answering in English what other men haue before replied in Latine but if Hercules will leaue his club and fight with a bulrush it is no great maistrie for a weaker man to withstand him if Card. Bellarmine insteed of the expresse words of holy Scripture and the true meaning thereof so declared to be by the ancient Fathers or the vniuersall Church or vndoubted definitions of Generall Councels or necessarie inferences deducted from them which are the only weapons wherewith Catholike doctrine can be conuinced will flie to ouer wrested similitudes false or at the most probable suppositions doubtfull and vncertaine collections to proue an infallible doctrine of the Catholike faith as he and the rest who follow him in this controuersie for the Popes power to depose Princes haue done it is an easie matter for one who hath lesse skill and strength then they haue to withstand them yea and to vanquish them and a hundred such others being so weakely armed 7. And therefore very false and friuolous is that which my Aduersarie affirmeth g Num 4. and 5. that Widdrington for so still I will call my selfe taketh vpon him to batter the fortresse of the Catholike Church with her owne Canons and constitutions and to vndermine the immoueable rocke of S. Peter with his owne instruments and all this he doth with such art and sleight that whiles he fighteth against the Church he pretendeth to be a friend and childe of the Church and albeit he impugne the Popes authority yet he dedicateth his booke to the Pope laughing vpon him whiles he woundeth him and betraying Christ with a kisse as Iudas did But how vainely he laboureth in all this he may easily see if he call to minde what he hath learned in the Catholike Chucrch to wit how inexpugnable is the rocke and seate of Peter which the proud gates of hell cannot ouercome For I doe not batter the fortresse of the Catholike Church whom I reuerence and loue as my deare mother and to whose Censure I euer haue and do also now most humbly submit my selfe and all my writings but the priuate opinions of some few Catholikes especially Iesuites who will needes enforce vpon the Christian world doubtfull disputable and vncertaine opinions for infallible grounds of supernaturall faith which onely is the fortresse of the Catholike Church Neither doe I vndermine that immoueable rocke of S. Peter whereon Christ hath built his Church but those scandalous seditious damnable and pernitious positions for so the State of France doth call them of murthering Princes and thrusting them out contrarie to the rules of law and reason of the lawfull possession of their kingdomes by an authority which is only doubfull and questionable Neither do I impugne that authoritie of the Pope which is certainely knowne to be granted him by Christ but that new doctrine of some few writers
argument therfore I will set downe word by word only turning his speech to the Priests which he applieth to the Kings Maiestie 8 For to take away all manner of euasion saith Suarez d In Desens lib. 6. cap. 3. I demand whether those Priests doe vnderstand that the sentence of the Pope deposing a baptized Queene for crimes may be iust or they beleeue that it is alwaies vniust The first they will not in my opinion affirme for otherwise they should promise a most wicked thing to wit not to obey a iust sentence which implieth in it a iust command For if the sentence bee iust the command also which enioyneth subiects to obserue it must also be iust seeing that otherwise it cannot be put in execution Also if the sentence of deposition denounced against a Queene may bee iust it will also be effectuall therefore it hath the effect of that punishment which it imposeth Wherefore seeing that the punishment imposed by the sentence of deposition from her Kingdome is to depriue her actually or effectually of her dominion and propertie to her Kingdome a iust sentence doth effectually depriue her of her Kingdome therefore it is against iustice and obedience due vnto the Pope to resist that sentence and to defend the Queenes person against the execution of that sentence therefore hee that beleeueth the first and neuerthelesse promiseth this second doth promise a thing cleerly vniust and wicked 9 And besides it implieth a contradiction to be willing to yeeld obedience and allegeance as thinking thy selfe bound so to doe to one whom thou knowest to be by a iust declaration and sentence effectually deposed from her Kingdome As if the Pope himselfe should exact of Christians a promise that notwithstanding any sentence or declaration of deposing him for any crime euen for heresie denounced by whatsoeuer generall Councell they will defend him in his See and will yeelde him the same obedience and allegeance their promise were wicked for that it were a wicked thing and against the Church Faith Such therfore is the promise of those Priests if the aforesaid sentence against the Queene bee supposed to bee iust This therefore those Priests without doubt will not admit neither also are they as I thinke so inconsiderate of their affaires that if they grant the Popes sentence denounced against a Queene may be iust neuerthelesse they will deny that against the Queene of England it may haue the same iustice For what greater immunitie or innocencie can they alledge in the Queene of England then in other Princes who haue beene rebells to the Romane Church or forsakers and impugners of the faith Or although they do not acknowledge that the Queene for that time had not committed any thing worthy of deposition how doe they know that for the time to come she cannot and yet their promise is absolute notwithstanding any authoritie or any sentence of Excommunication denounced or to be denounced against the Queene or euery one borne within her Maiesties Dominions c. Wherefore there is no doubt but that the ground of this promise and profession is that such a sentence cannot bee iust Wherefore from hence we euidently conclude that those Priests by the aforesaid words do professe that the sentence of deposition against the Queene can neither be valid nor iust For in very deede this they doe professe when they promise not to obey nor to obserue such a sentence 10. Whereupon we do moreouer conclude that those Priests doe professe that the Pope hath not power to denounce such a sentence seeing that for no other cause they doe beleiue the sentence to be vniust but for that it is giuen without power and Iurisdiction in the Pope to depose a Queene Neither can those Priests alledge in such a sentence any other cause of iniustice which is perpetuall and may be a ground of this part of their profession for their profession doth not speake of a sentence alreadie denounced but absolutely of a sentence denounced or to be denounced against the Queene therfore it doth comprehend euery sentence whether it bee giuen the partie being heard or not heard whether for disagreement in religion or for any other crime or cause whatsoeuer Wherefore the iniustice which those Priests do suppose to bee in that sentence and wherupon they ground their profession is no other but for that they beleeue that it cannot proceede from a lawfull power and Iurisdiction And therefore I conclude that they professe that the Pope hath not power and Iurisdiction to giue a sentence of deposition against the Queene for any cause Thus argueth Father Suarez So that it is euident that those thirteene reuerend Priests must of necessitie suppose if they will haue their protestation and promise to be iust and lawfull that the Pope hath no power to depriued Princes of their Regall right and authoritie 11. And by this fift testimonie it is also apparant that not only M. Doctour Barclay and Widdrington as Card. Bellarmine in his booke against Barclay and now in his Sculckenius against me vntruely affirmeth but many other English Catholikes to omit those other learned Catholikes of other Countries of whom I haue spoken before and the Kingdome and State of France of which I will speake beneath g In the next Chapter are of opinion that the Pope hath no authoritie to depriue Soueraigne Princes of their temporall Kingdomes and dominions Which also may moreouer be confirmed by the petition which some English Catholikes did exhibite to Queene Elizabeth deceased after the discouerie of Parries conspiracie wherein these expresse wordes are contained In consideration of all which necessarie points we doe protest before the true liuing God that all and euery Priest and Priests who haue at any time conuersed with vs haue recognized your Maiestie their vndoubted and lawfull Queene tam de iure quam de facto who neuerthelesse was at that time and long before depriued of her Princely power right and dignitie by the publike sentence of Pope Pius the fift 12. And to these authorities we may add the testimonies set downe in the end of Mr. Blackwells Latine examination of Bishop Watson Abbot Fernam Doctor Cole Iohn Harpesfield and Nicolas Harpesfield all of them very famous and learned Catholikes who vpon the publishing of the Bull of Pius Quintus against Queene Elizabeth being examined by the Magistrate in the yeare 1578. and demanded whether notwithstanding the aforesaid Bull or any other sentence of the Pope denounced or hereafter to be denounced against the said Queene they did thinke that shee was their true and lawfull Queene and that they and all other English and Irish men did as Subiects owe to her Maiesty obedience faith and loyaltie as to their lawfull and true Queene and Soueraigne Prince they did all with vniforme consent acknowledge and confesse that notwithstanding the aforesaid Bull or any other sentence or declaration of the Pope already denounced or hereafter to be denounced
first hee answereth c Pag. 121. ad num 31. that it is not credible that the Cardinall of Pelleue and the other Prelates should affirme that which Bochellus relateth For the Councell of Trent saith he doth not decree that Princes are absolutely depriued of the Cittie and place wherein they shall permit single combat but with a restriction that they are depriued of the Cittie fort or place which they hold of the Church or which they hold in fee farme Therfore the Councell doth not speake of the King of France or other absolute Kings vnlesse Bochellus will haue the Kingdome of France to be giuen to the Kings by the Church or that the King is not a direct Lord but a feudarie Therefore it had been great imprudence and malignitie to depraue so spitefully the words of the sacred Councell as Bochellus hath depraued which ought not to be presumed of the Cardinall of Pelleue and of the other Prelates 4 But truly it is not credible that Bochellus durst presume to commit so great and publike a forgerie as to falsifie the Records of the highest Court of Parliament and assembly of the three States of the Land especially printing his booke at Paris where without doubt he should not want men both to finde out easily and also to punish seuerely so great a forgerie and withall affirming that those articles were extracted out of the Register of the assembly held at Paris in the yeare 1593 and putting downe such particular circumstances as naming not only the day of the yeare but also of the moneth to wit the 19. of Aprill when the Lord Abbot of Orbais did on the behalfe of the Lord Cardinall of Pelleue bring a coppie of them c. and setting downe all the articles in French whereas the maine corps of his booke was Latin 5 Neither is the reason which D. Schulckenius bringeth to make this testimonie seeme incredible of any great moment For first it is vntrue which he saith that the Councell did not speake of the King of France and other absolute Kings The words of the Councell are cleare to the contrarie The Emperour saith the Councell Kings Dukes Princes Marquesses Earles and temporall Lords by what other name soeuer they be called who shall grant a place for single combat in their Countries among Christians let them be excommunicated and vnderstood depriued of the Iurisdiction and Dominion of the Cittie fort or place which they hold from the Church wherein or whereat they shall permit single combat and if they be held in fee farme let them forthwith be taken for the direct Lords but they that shall fight the combat and they that are called their Patrimi let them incurre ipso facto the punishment of Excommunication and forfeiture of all their goods c. So that it is plaine that the Councell speaketh of Emperours and of other absolute Kings and Princes 6. Secondly although it bee cleere that those words let them bee depriued of the Citty Fort or place which they hold from the Church be spoken with a restriction and limitation onely to those Citties Forts or places which bee held from the Church yet the words following and if they be held in fee farme let them foorthwith be taken for the direct Lords may absolutely and without the aforesaid restriction bee vnderstood of those Citties Forts or places which be held in fee farme either from the Church or from some other Soueraigne Prince as from the direct Lord of them So likewise the punishment of the confiscation of goods may be vnderstood as well without the territories of the Church as within the Popes dominions and may also bee vnderstood to comprehend absolute Princes if perchance they should either bee Patrimi or fight themselues in single combat And so by consequence it might bee inferred that if the Councell hath authoritie to depriue absolute Kings of those dominions which thy hold in fee farme from other absolute Princes or to confiscate their goods or else the goods of their subiects without their consent the Councell also hath authoritie to depriue for the same cause absolute Princes of their Citties Forts and places whereof they are absolute Lords And so the Cardinall of Pelleue and other Prelates of France might vnderstand the Councell in that sense as also D. Weston in his Sanctuarie d q. 28. doth vnderstand them and thereupon vrgeth those words of the Councell of Trent as a principall argument to prooue that the doctrine for the Popes power to depose Princes is a poynt of faith and decreed by the Councell of Trent who little thought that he should therefore haue beene censured of imprudencie and malignitie as D. Schulckenius censureth the Prelates and Parliament of France if they should vnderstand in that manner the Councell of Trent as Bochellus relateth and D. Weston expoundeth it 6. To the second testimony of Petrus Pithaus D. Schulckenius answereth in as shuffling a manner First I answer saith he e Pag. â— 24. that Antonie Posseuine commendeth Petrus Pithaeus for a learned man and a diligent searcher of antiquity and relateth all his workes and also his death and yet he maketh no mention of this booke and I confesse I neuer saw it But although neither Posseuine nor D. Schulckenius euer saw that booke yet I haue seene it and read it and it was printed at Paris by the authoritie of the Parliament in the yeere 1594. and it hath those maximes and positions which I related in my Apologie And therefore we haue the testimony of a very learned Catholike and a diligent searcher of antiquitie by Posseuines confession that France hath euer held this position for vndoubted that the Pope hath no authoritie to depriue the King of France of his Kingdome and that notwithstanding any admonitions Excommunications c. his subiects are bound to obey him in temporals 7. His second answer is that whosoeuer is the Authour of that booke it is cleerely false that France hath alwaies approoued that doctrine for certaine Marke now the reasons which D. Schulckenius bringeth to conuince this very learned man and diligent searcher of antiquity of manifest falshood For first it is repugnant saith he to the Councell of Claramont wherein Philip the first was excommunicated and depriued of his Regall Honour and Crowne by Pope Vrbanus the second whereof see Iuo Carnotensis in his 28. epistle to Vrbanus But it is most cleerely false that Philip was in that Councell depriued of his Regall Honour and Crowne as both I f In Prefat ad Resp Apol. nu 36. seq and Mr. Iohn Barclay g In Prolegom num 75. haue cleerely shewed heeretofore for that no Historiographer writeth that he was deposed in that Councell but at the most onely excommunicated for that hee had forsaken his lawfull wife Berta and had married Bertrada who was also wife to another man For Sigebert Aimonius Matthew Paris Nauclerus Paulus Aemilius Robertus Gaguinus Papirius Massonius the Authour
of the fragment of the historie of France published by Petrus Pithaeus with Glaber Genebrard and Vignerius doe relate that Philip was excommunicated by Vrbanus and as some of them say in the Councell of Claramont but none of them make mention that hee was deposed or depriued of his Royall honour and Crowne 8. Neither can it any way be prooued out of Iuo that Philip was depriued by Pope Vrbanus of his Royall Honour and Crowne for that Iuo at that very time when Philip was excommunicated did in expresse words account him his Lord and King and offered him his faithfull seruice as to his Lord and King This onely can be gathered out of Iuo that King Philip was desirous to honour his new Queene or rather Concubine Bertrada by putting the Royall Crowne or Diademe on both their heads in a publike solemnity which for that it was a religious ceremony and vsually done in the Church at the time of Masse by the Primate of the Land and Philip was at that time excommunicated and depriued of all holy rites and ceremonies of the Church Pope Vrbanus fo◠bad all the Bishops of France to crowne in that sort the King and his new supposed Queene for Philip himselfe was long before crowned King of France and this solemnitie which Pope Vrbanus forbade or the want thereof did not giue or take away from King Philip any iot of his Royall power and authoritie 9. Secondly it is repugnant saith D. Schulckenius to the examples of Gregorie the great of Zachary and of other Popes But to those examples both I haue answered at large in my Apology h Num. 382. seq num 404. seq and also since that Mr. Iohn Barclay i Ca. 40. 42. to whom as yet no Reply hath beene made and first that those words of S. Gregorie k Lib. 2. epist post epist 38. honore suo priuetur let him be depriued or I would to God he may be depriued of his honour for both wayes it may be Englished as that the verbe priuetur may be of the Imperatiue or of the Optatiue moode doe not contain a iuridicall sentence command or decree as likewise neither those words which are spoken in the like manner by S. Gregory cum Iuda traditore in inferno damnetur and let him be damned in hell or I wish he may be damned in hell with Iudas the traitour but onely either a zealous imprecation l See Baronius ad annum 1097. num 51. against them who should infringe his priuiledge if they did not repent or else a declaration that they were worthie for their contempt to bee depriued of their honour and to bee condemned to hell fire with Iudas the traitour from whence it cannot be inferred that the Pope hath authoritie to depriue by a iuridical sentence those Kings who infringe his priuiledge of their Regall Honour or to condemne them by a iuridicall sentence to hell fire 10. So likewise to that example of Pope Zacharie I answered m Num. 404. seq that he did not by any iuridicall sentence of depriuation depriue Childerike of his Kingdome and create Pipin King but onely gaue his aduise counsell and consent or at the most command to the Peeres of France that they ought or might lawfully the circumstances which they propounded to Zacharie being considered depriue Childerike of his kingdome and create Pipin king but this argueth no authoritie in the Pope to depose Princes by any iuridicall sentence of depriuation but at the most an authority in the common wealth to depose their King in some cases of great moment which is not the question which we haue now in hand And therefore the Glosse n In cap. Alius 15. q. 6. with other graue and learned Authours cited by me in my Apologie o Num. 404. seq doe expound those wordes of Pope Gregorie the seueth Zacharie deposed Childerike thus Zacharie gaue his aduise and consent to those who deposed him and those words which some Chronicles haue Childerike was deposed by the authoritie of Pope Zacharie Lupolbus Bambergensis Ioannes Parisiensis and Michael Coccineus doe expound in the like maner that Childerike was deposed by the authoritie of Pope Zacharie not deposing Childerike and creating Pipin King but only declaring that he might be lawfully deposed by the Peeres of France whereof they were in some doubt for that they had sworne to him allegiance and therefore they craued the opinion and aduise of Pope Zacharie to be resolued by him of that doubt for that the Vniuersitie of Paris did not flourish at that time saith Ioannes Maior p Jn 4. dist 24. q. 3. circa sinē de potest Regia Papal c. 15. and so Pipin was annointed King by the election of the Barons saith Ioannes Parisiensis and by the authoritie of the Pope declaring the doubt of the Barons which also they might haue done without the Popes consent vpon a reasonable cause 11. But because Card. Bellarmine will neuer cease to inculcate still the same authorities which by mee and others haue beene so often answered I thinke it not amisse to add something here concerning that which I did in generall words insinuate in my Apologie q Num. 382. and is more expresly touched by Nicholas Vingerius in his Historie of the Church of France and more particularly vrged by the Bishop of Rochester in his answere to Card. Bellarmines Treatise against Barclay to wit that the priueledge which is said to be granted by S. Gregorie to the Monasterie of S. Medard and which is so greatly vrged by Card. Bellarmine and others is not so authenticall as Card. Bellarmine and others suppose it to be which may be proued by many probable coniectures as by the stile and phrase which is not agreeable to S. Gregories and also by the date of the yeare of our Lord which is not agreeable to the manner of dating of those daies but principally by the persons who are subscribed for witnesses to that priueledge For S. Austin Bishop of Canterbury and Mellitus Bishop of London and Theodorike King of France are subscribed for witnesses to that priueledge and yet neither S. Austin nor Mellitus were Bishops nor Theodorike King at that time which Card. Baronius also doth in expresse words affirme r Ad annum 893. num 85. But I confesse saith he that the subscriptions of the Bishops and of Theodorike King of France do not agree to these times for many Bishops who are found subscribed are knowne to be created some certaine yeares after as to speake nothing of the rest Augustin Bishop of Canterbury and Mellitus of London who as it is manifest were neither at this time Bishops nor gone for England neither at this time did Theodorike reigne in France but Childebert and Gunthramn Wherefore my opinion is that the subscription was afterwards adioyned Thus Baronius But considering that Theodorike not only in the subscription but also in
that the Pope hath no such authoritie Must the opinion of Card Bellarmine or of Suarez or of any other learned Catholike be a rule of reason to all other learned Catholikes or to bee accounted by all Catholikes the principles of the Catholike faith All Catholikes doe confesse that the Pope hath authoritie to excommunicate a Christian King and that Subiects are not bound to obey an excommunicated King in those things which the Censure of Excommunication of it owne nature and by the institution of Christ doth forbid but to absolue Subiects from their temporall allegiance either by vertue of Excommunication which being a spirituall Censure hath neither of it owne nature nor by the institution of Christ such a temporall effect or by the sentence of depriuation this many learned Catholikes with the State of France doe affirme not to belong to the Popes spirituall authoritie to binde or loose 16 True also it is that all Christians are subiect to the keyes of the Church but these keyes are spirituall not temporall of the kingdome of heauen and not of earthly kingdomes neither is any Christian excepted from that authoritie which Christ gaue to S. Peter by those words whatsoeuer thou shalt loose c. But those words are not to be vnderstood of temporall but onely of spirituall bindings and loosings as I haue often shewed neither did any of the ancient Fathers euer extend the keyes of the Church to the absoluing of Subiects from their temporall allegiance or to the depriuing of Kings and Princes of their temporall liues libertie kingdomes or goods as by some Catholikes of these latter ages contrarie to the true meaning and institution of Christ and to the vnderstanding and practise of the primitiue Church they haue been violently wrested To that whatsoeuer thou shalt loose c. I answer saith Ioannes Parisiensis according to S. Chrysostome Rabanus that by this is not vnderstood any power to be giuen but spirituall to wit to absolue from the bond of sinnes For it were foolish to vnderstand that by this is giuen a power to absolue from the bond of debts and much lesse from that great and high debt of temporall allegiance 16. These be all the exceptions which D. Schulckenius taketh against those authorities which I broght in my Theologicall Disputation Now let any indifferent Reader iudge whether he hath sufficiently answered those authorities or rather by cauilling and shuffling laboured cunningly to shift them off and whether Mr. Fitzherbert might not blush to affirme so boldly that D. Schulckenius to whom he cunningly also as you haue seene remitteth his English Reader for his answer to those authorities hath answered particularly to euerie one of them and prooued cleerely that diuerse of them make flat against Widdrington and many nothing at all for him being truely vnderstood and that some others are worthily reiected being either so absurd that they are easily confuted by the circumstances of the places alledged or else heretikes as appeareth by their doctrine in other things or knowen Schismatikes who liuing in the times of the Emperours or Kings that were deposed wrote partially in their fauours of which sort neuerthelesse there are very few so that of all the Authours that Widdrington hath scraped together to make some shew of probabilitie in his doctrine hee hath no one cleere and sufficient witnesse to iustifie the same which how true it is or rather most cleerely false I remit to the consideration of the indifferent and iudicious Reader 17. For the testimony of Iohn Trithemius a learned and vertuous Catholike who expressely affirmeth that it is a controuersie among Schoolmen as yet not decided by the Iudge whether the Pope hath power to depose the Emperour or no partly hee reiecteth partly that word Schoolemen hee ridiculously expoundeth to be Historiographers Grammarians Poets as Sigebert Valla Dante 's who neuerthelesse are by Trithemius himselfe related to be also excellent Diuines and partly to repell his testimonie he falsely grossely and vnaduisedly taxeth him with errours committed in his historie and for proofe thereof he remitteth his Reader to Posseuine who as you haue seene both in that and also other points of historie hath shamefully erred himselfe and neuerthelesse that which Trithemius affirmeth Iacobus Almaine a famous Schoole-Diuine and classicall Doctour of Paris who liued also in those daies confirmeth to be true whose words D. Schulckenius doth cunningly passe ouer without any answer at all Albericus a Classicall Doctour of the canon and ciuill Law for that hee deliuereth his opinion with submission is ready to recal it if it should prooue erroneous as euery good Catholike ought to doe he will haue to speake wauering and altogether doubtfull Ioannes Parisiensis a most learned Schoole-Diuine partly he will haue to make nothing for my opinion and yet he confesseth that Parisiensis is of opinion that the Pope hath no authoritie to depriue a Prince of his Kingdome by a iuridicall sentence of depriuation which neuerthelesse is the maine and sole point which I contend to prooue and partly to cleane ouerthrow his testimony he taxeth him without sufficient ground of many errours which errours neuerthelesse although he should haue maintained doe cleerely confirme this doctrine against the Popes power to depose Princes The testimony of Mr. D. Barclay a famous learned and vertuous Catholike he no more regardeth then of an heretike To M. Blackwell and those other English Priests he answereth nothing The Records of the generall assembly of the States of France related by Bochellus with such particular circumstances that no man can misdoubt of them for a friuolous reason hee accounteth incredible The testimonie of Petrus Pithaeus a very learned Catholike and a diligent searcher of antiquity by Posseuines confession affirming that France hath euer held for certaine that the Pope hath no authoritie to depose their King also for friuolous reasons hee vtterly reieiecteth which neuerthelesse the late proceeding of the Court of Parliament against his and such like bookes hath sufficiently confirmed And if this manner of answering authorities is to bee admitted who may not easily shift off any authorities whatsoeuer especially when they shall haue their trumpetters to extoll all their writings and answers to the skie and to depresse their aduersaries and who shall seeme to make against them whether they be liuing or dead euen to the pit of hell appeaching them of heresie errour schisme and such like hainous crimes 18. Many other authorities I brought in my Apologie which doe cleerely contradict Card. Bellarmines doctrine which onely I tooke vpon mee to confute whereof some of them doe expressely affirme that the Church of Christ hath onely a spirituall and not a temporall sword Others that temporall Princes are in temporall affaires next vnder God and to bee punished with temporall punishments by God alone and that the temporall power is independant of the spirituall Others that neither Childerike was deposed nor the Romane Empire translated from the Graecians
cap. meruit de privilegijs wherein hee declareth that no preiudice shall arise to the King of France by that Extrauagant of Pope Boniface but that all things shall be vnderstood to be in the same state as they were before that definition as well concerning the Church as concerning the King and Kingdome of France Thirdly for that all the authorities which hee bringeth from holy Scriptures to proue that the Pope hath both the temporall and spirituall sword doe proue only that the Pope is the spirituall Pastour of the Church and hath spirituall power to binde and loose to iudge and punish spiritually as whatsoeuer thou shalt binde on earth c. and a spirituall man doth iudge all things and he is iudged by none which place some Catholike writers expound of publike and authenticall iudgments For all the other places of holy Scripture which Pope Boniface alledgeth are either taken in the mysticall and not in the literall sense as those behold two swords here and put vp thy sword into the scabard but from the mysticall sense no forcible argument can bee drawne as all Diuines doe grant to proue any doctrine vnlesse to haue that mysticall sense it be declared in other places of holy Scripture or else they make nothing to the purpose as are those words which God spake to the Prophet Ieremie Behold I haue appointed thee this day ouer the Gentiles and ouer Kingdomes that thou maiest plucke vp and destroy and waste and dissipate and build and plant not to destroy nations and kingdomes and raise vp others but by his preaching to plant virtues and destroy vices as S. Hierome expoundeth and by foretelling the destruction of Kingdomes and Nations if they doe not repent and their increase and saluation if they will bee converted Neither is the Pope S. Ieremies Successour in the spirit of prophesie neither doe wee read that Ieremie destroyed any kingdom although he fulfilled all that which he was appointed to do by Alm God 41. It is the same saith Andreas Capella vpon this place to appoint him ouer the Gentiles and to giue him a Prophet in the Gentiles as he said before I giue thee power and authoritie saith God to declare and foretell in my name as my Prophet the ruines and wastings of the Gentiles and of Kingdomes That thou threaten my enemies whom in their Countries I haue planted placed confirmed erected that I will abolish them with captiuities vnlesse they will repent And contrariwise that I will build them and plant them againe that is restore to their ancient state them whom I shall destroy and abollish if they will acknowledge their sinnes And in these words all the charge of Ieremie is comprehended and the matter of this whole booke is declared For it is a prophecie of the destruction of the City and temple and of the captiuitie of the people and of their returne from captiuity and of the reedifying of the temple and City and of the ouerthrow of other nations and kingdomes Thus Capella And the same exposition of these words hath the Glosse vpon this place Besides Pope Boniface in this Extrauagant alledgeth for Scripture that which is no Scripture to wit for the truth testifying the spirituall power hath to institute or instruct the earthly power and to iudge it if it shall not be good which words are not to be found in the holy Scripture 42. Lastly there is no more account to be made of the authoritie of Pope Boniface the eight for this his doctrine in this point touching the Popes temporal authoritie ouer temporall Princes if we take him as a priuate Doctour deliuering his opinion then of an other Doctour as well learned as he was who holdeth with the Canonists that the Pope is direct Lord King of the world not only spirituall but also temporall for that Pope Boniface was of this opinion that the Pope hath direct power not only in spiritualls but also in temporalls Whereupon he wrote to Philip the faire King of France that he was subiect to him in spirituals and temporalls and that all those who should hold the contrary he reputed for heretikes and that the kingdome of France by reason of the Kings disobedience was falne to the Church For which words Pope Boniface is taxed by Ioannes Tilius x In Chron. ad annum 1302. Bishop of Meldune by Robertus Guaguinus y Lib. 7. in Philippo Pulch. by Platina z In vita Bonifaci◠octaui and others of great pride impudencie and arrogancie Whereupon Paulus Aemilius who doth otherwise greatly fauour Pope Boniface writeth thus * In Philippo Pulchro Pope Boniface did add at which all men did marmaile that the King of France ought to reuerence the Pope not only in sacred manner and by Episcopall right as a Father of our soules but he ought also to acknowledge him as his Prince by ciuill Iurisdiction and in prophane matters and dominion All this being considered as also that all the words of that Extrauagant are so generall that they may be vnderstood as well if not better of the Popes direct dominion in temporalls as of his indirect power to dispose of temporals which is only in order to spirituall good what great reckoning is to be made of this cōstitution of P. Boniface it being withal reuersed by P. Clemens the 5. who next but one succeeded him I remit to the cōsideration of the iudicious Reader Chap. 10. Wherein the similitude of Pope Innocent the third who compareth the spirituall and temporall power to the Sun Moone is examined 1. THe sixt and last argument which Card. Bellarmine bringth to proue the sbiection of the temporall power to the spirituall is taken from the authority of Pope Innocent the third who in cap. Solitae de maioritate obedientia doth wel saith he a In tract contra Barcl c. 13. in fine compare the spirituall temporall power to the Sun Moone Therefore as the moone is subiect to the Sun for that she receiueth light from the Sun the Sun is not subiect to the Moone for that the Sun receiueth nothing from the Moon so also a king is subiect to the Pope the Pope is not subiect to a king 2. But first this similitude doth not proue that the temporall power it selfe is subiect to the spirituall or which is all one that a temporall King is subiect to the Pope in respect of his temporall power which he doth not receiue from the Pope but in respect of the light of faith which a temporall King receiueth from the spirituall power And therefore as the Moone when she is eclypsed in opposition to the Sun doth not loose that little light which according to the doctrin of the Philosophers and astronomers she hath of her owne nature and not deriued from the Sunne so temporall Princes when of Catholikes or Christians they become heretikes or infidells and are in opposition to the Pope do not loose