^{page 239 note 1} Cardinal Bellarmine died 1621. His observations on civil government are contained in his great work combating Protestantism, Disputationes de controversiis religionis Christiana fidei adversus hœreticos. The cardinal was pronounced venerable in 1923.

^{page 240 note 1} The copy of Filmer's Patriarcha in Mr. Jefferson's library is bound in one volume with Filmer's Observations Concerning Various Forms of Government, London, 1696. The observations are a collection of tracts which the author directed against Philip Hunton, Hobbes, Milton and Grotius and are several times the size of the Patriarcha. If Jefferson had read the Patriarcha it is fair to suppose he also read the Observations. Hunton, one of Cromwell's adherents, wrote a treatise on monarchy, 1643.

^{page 242 note 1} Among the works in the original Princeton collection were Aristotle, Buchanan, Milton, Puffendorf, Sidney and Locke, as well as Thomas Aquinas, Wyclif, Calvin, Augustine and Rutherfurd. The librarian of the University of Virginia, Dr. Patton, informs me that “there is in the library a manuscript list of books proposed to be purchased by the library dated 1825. It contains the entry Bellarmini opera, but the catalogue of 1828 does not contain the work.”

^{page 248 note 1} Bellarmine's full statement runs that “it is not credible that Christ, the most wise king, instituted in his church that form of government which of all is the worst and the worst is the democratic form, deterrimum regimen dimocratiam.” He represents Calvin as wanting to make out that monarchy is the worst of all governments, deterrimum omnium vult esse monarchiam. The cardinal states that he presented the views held by the Genevan Reformer in his earlier period and passed by the views he held after 1559.

^{page 250 note 1} The correspondence and the list are given by Rives: Life of Madison, I: 641–645.

^{page 251 note 1} Dr. Swem, the librarian of William and Mary, writes to the author that “William Small must have been an Episcopalian. At least he signed in the faculty book the statement to the effect that he believed in the XXXIX Articles. Every professor before the Revolution had to sign such a statement.” In regard to a statement made by Mr. Hunt that in the pre-Revolution period, “religious controversy raged” in William and Mary, Dr. Swem remarks that “he feels sure that to say religious controversy raged is not correct.”

^{page 253 note 1} Aristotle was represented in Jefferson's library by a Greek and Latin edition of 1597 in 8 volumes, as well as a separate copy of the Ethics. A splendid volume giving Ellis' translation bears the date 1778. Jefferson had two copies of Buchanan and two copies of Calvin in French as well as a Latin compilation from Calvin. Among other works were Bodin's Republic, Eikon Basilike and Witherspoon's writings.

^{page 253 note 2} “An Essay concerning the True Original Extent and End of Civil Government by the Late Learned John Locke, Esq.” A copy is in the New York Library. The Boston Committee of Correspondence appointed 1772, quoted freely from Locke.

^{page 254 note 1} See Jefferson's Works, vii, 305. For Hooker, see collection of the Connecticut Historical Society for 1860, vol. i.

^{page 256 note 1} Prof. McLaughlin in his Steps in the Development of American Democracy, p. 15, calls attention to the political opinions of Sir Edwin Sandys, one of the leading figures in the early history of Virginia. It was said of him that he declared that “if our God from heaven did constitute and direct a form of government it was that of Geneva.”

^{page 257 note 1} Charming in his history states the matter succinctly when he says of the influences which were at work: “American statesmen, Otis, Henry, Gadsden, the Adamses, Dickinson, Jefferson, George Mason and the rest, combined the ideas of Locke with the practical knowledge which they had gained in their careers and enunciated a theory which was incompatible with the ideas of empire then held.”

^{page 258 note 1} In its resolution of 1688, parliament declared that James II had “endeavored to subvert the constitution, laws and liberties of the kingdom by prinassuming power to suspend laws without the consent of parliament,” and insisted on “the undoubted rights and liberties” of the people.

^{page 260 note 1} As quoted from Ryan and Millar, p. 116.

^{page 264 note 1} In an account of the development of the modern theory of government, the name of Marsiglius of Padua deserves an honorable place. He protested against the management of the church exclusively by the priesthood and, 200 years before Calvin, demanded for the laity the right to sit in councils and otherwise join in the direction of church affairs. He was called by Döllinger a Calvinist before Calvin. Marsiglius' theory was adapted to bear fruit in the realm of civil government just as the national conference of the churches of England established by Theodore of Tarsus was the norm for the political union of England and as the church covenants of New England were a basis for civil contracts. The church the Italian denned as a community of Christian people or, as Wyclif and Huss denned it, the body of the elect. He used the expression “consent of the people.”

^{page 264 note 2} Adams' Works, vi, 4. A perfect copy of Ponet's book is in the Congressional Library. Ponet's opening words are that “the laws of nature, first planted in the mind of man and then set forth in the decalogue, were reduced by Christ to the two words: thou shalt love thy Lord thy God above all things and thy neighbor as thyself.” Figgis in Study in Political Thought from Gerson to Grotius, p. 148, says that “From Buchanan to Rousseau in some form or other the anti-monarchical writers all base their claims to check and, if necessary, to resist the monarch on the notion of the original contract.”

^{page 266 note 1} Mariana's famous work De rege et regis institutione, issued first in Toledo, 1599, appeared in many editions. In his learned discussion, Reusch denies that its doctrine was authoritatively condemned by the Jesuit general Aqua viva. The latest discussion is by the ex-Jesuit, von Hoensbroech, Graf, in his posthumous Der Jesuiten-Orden, Eine Encyclopaedic, Leipzig, 1926Google Scholar, under Fürstenmord.

^{page 266 note 2} A fine edition of Mornay has recently been issued by Prof. Laski with preface. John Adams, Works, vi, 4, presents three stages in the development of the principles of popular government among the English people, represented first by John Ponet, then by Harrington, Mornay and Milton, and finally by Sidney, Locke and Hoadley.

^{page 271 note 1} In his elaborate work on the Church, ii, 547.

^{page 272 note 1} Prof. Koch in his Katholizismus und Jesuitismus says that “It is a principle of Ultramontanism that the kingdom of God is of this world and that the pope's power includes worldly jurisdiction over states and rulers.” Suarez, an authority scarcely below Bellarmine, explicitly taught that the pope may order a nation to set aside its ruler.

^{page 273 note 1} See America, Feb. 24, 1923.

^{page 273 note 2} The complete refutation of the cardinal's statement was made by Dr. Barton in the Outlook, July 14, 1926. The cardinal spoke of “the great French priest having been one of Lincoln's close personal friends” and as having used a set of chairs made for him by the future president. Dr. Barton had in his possession the very bill “of $4 for one set of chairs for the Catholic church” rendered in 1838 by Mordecai Lincoln, the President's cousin.

Note The following statements by one who occupies a position of highest eminence in the Roman Catholic Church of the United States shows how far the Jefferson-Bellarmine legend is accepted. According to the Catholic News, October 22, 1927, Cardinal Hayes of New York in an address to the National Council of Catholic Men, Detroit, October 18, 1927, “pointed out that the Virginia Bill of Rights was taken almost verbatim from the writings of the Venerable Robert Bellarmine, the trusted adviser of four popes,” and said further: “it is with great pride as Catholics that we can recall that the principles, almost the very language of our Declaration of Independence, were written by the Venerable Bellarmine,—now on his way to canonization,—with the approbation of the Holy Father more than a century before the Declaration announced a new reign of liberty to the world.”