The works of Francis Bacon, lord chancellor of England.

CHARGE AGAINST WILLIAM TALBOT. 391
That the pope hath a superiority over kings, as! doth concern matter of faith, the controversy
subjects, to depose them; not only for spiritual growing upon exposition of Scriptures and councrimes, as heresy and schism, but for faults of a cils, wherein, being ignorant and not studied, I
temporal nature; forasmuch as a tyrannical go- cannot take upon me to judge; but I do submit
vernment tendeth ever to the destruction of souls. my opinion therein to the judgment of the Catholic
So, by this position, kings of either religion are Roman church, as in all other points concerning
alike comprehended, and none exempted. The faith I do. And for matter concerning my loyalty,
second, that after a sentence given by the pope, I do acknowledge my sovereign liege lord, King
this writer hath defined of a series, or succession, Jam.es, to be lawful and undoubted king of all the
or substitution of hangmen, or 66bourreaux," to kingdoms of England, Scotland, and Ireland;
be sure, lest an executioner should fail. For he and I will bear true faith and allegiance to his
saith, That when a king is sentenced by the pope highness during my life. WILLIMI TALBOT.
to deprivation or death, the executioner, who is
first in place, is he to whom the pope shall com- My lords, upon these words I conceive Talbot
mit the authority, which may be a foreign prince, hath committed a great offence, and such a one,
it may be a particular subject, it may be general, as, if he had entered into a voluntary and malicious
to the first undertaker. But if there be no direc- publication of the like writing, it would have
tion or assignation in the sentence special or been too great an offence for the capacity of this
general, then, "c de jure," it appertains to the next court. But because it grew by a question asked
successor, a natural and pious opinion; for com- by a council of estate, and so rather seemeth, in a
monly they are sons, or brothers, or near of kin, favourable construction, to proceed from a kind
all is one; so as the successor be apparent; and of submission to answer, than from any malicious
also that he be a Catholic. But, if he be doubt- or insolent will; it was fit, according to the clefill, or that he be no Catholic, then it devolves to mency of these times, to proceed in this manner
the commonalty of the kingdom; so as he will be before your lordships: and, yet, let the hearers
sure to have it done by one minister or other. take these things right; for, certainly, if a man be
The third is, he distinguisheth of two kinds of required by the council to deliver his opinion
tyrants, a tyrant in title, and a tyrant in regi- whether King James be kring or no? and he deliment; the tyrant in regiment cannot be resisted ver his opinion that he is not, this is high treason:
or killed without a sentence precedent by the but, I do not say that these words amount to that;
pope; but a tyrant in title may be killed by any and, therefore, let me open them truly to your
private man whatsoever. By which doctrine he lordships, and therein open also the understanding
hath put the judgment of kings' titles, which I of the offender himself, how far they reach.
will undertake, are never so clean, but that some My lords, a man's allegiance must be independvain quarrel or exception may be made unto them, ent and certain, and not dependent and condiupon the fancy of every private man; and also tional. Elizabeth Barton, that was called the
couples the judgment and execution together, that holy maid of Kent, affirmed, that if King Henry
he may judge him by a blow, without any other VIII. did not take Catharine of Spain again to
sentence. his wife within a twelvemonth, he should be no
Your lordships see what monstrous opinions king: and this was treason. For though this
these are, and how both these beasts, the beast act be contingent and future, yet the preparing of
with seven heads, and the beast with many heads, the treason is present.
pope and people, are at once let in, and set upon And, in like manner, if a man should voluntathe sacred persons of kings. rily publish or maintain, that wvhensoever a bull
Now, to go on with the narrative; there was of deprivation shall come forth against the king,
an extract made of certain sentences and portions that from thenceforth he is no longer king; this
of this book, being of this nature that I have set is of like nature. But with this I do not charge
forth, by a great prelate and counsellor, upon a you neither; but this is the true latitude of your
just occasion; and there being some hollowness words, That if the doctrine touching the killing
and hesitation in these matters, wherein it is a of Ikings be matter of -faith, then you submit
thing impious to doubt, discovered and perceived yourself to the judgment of the Catholic Roman
in Talbot; he was asked his opinion concerning church: so as now, to do you right, your allethese assertions, in the presence of the best; and giance doth not depend simply upon a sentence
afterwards they wdre delivered to him, that upon of the pope's deprivation against the king; but
advice, and'"sedato animo," he might declare upon another point also, if these doctrines be
himself. Whereupcn, under his hand, he sub- already, or shall be declared to be matter of
scribes thus: faith. But, my lords, there is little won in this:
there may be some difference to the guilt of the
May it please your honourable good lordships: party, but there is little to the danger of the
Concerning this doctrine of Suarez, I do perceive, king. For the same Pope of Rome may, with
by what I have read in this book, that the same the same breath, declare both. So as still, upon