A DECLARA­TION OF THE Variance betweene the Pope, and the Segniory of VENICE, With the proceedings and pre­sent state thereof.

Whereunto is annexed a De­fence of the Venetians, written by an Italian doctor of Diuinitie, Against the Censure of Paulus Quintus, Proouing the Nullitie thereof by Holy Scriptures, Canons, and Catholique Doctors.

ANNO DOM. 1606.

A LETTER FROM ƲENICE, Setting foorth the variance betweene the Pope and that State: Declaring the causes, procee­dings, and present issue thereof.

SIr, I reckon my selfe so much in your debt, for your last ad­uertisements, concer­ning matters lately fal­len out in England, some in question, some in action, and all worthy of obseruation, As that I can do no lesse, then render some part of requitall, by the returne vnto you againe, of a true Relation concerning that memorable accident here with vs in Ve­nice, so famous in speech, (as sounding [Page 2] in euery eare) so weighty in deed, (as draw­ing on great consequences,) and so remark­able in consideration, (as that our English Nation may make good vse thereof) which in this my plainest manner, affecting more veritatis candorem, then ornamenta artis, I offer to your perusall; praying aswell your pardon, where I do not satisfie your curious eye, as your acceptation of my good inten­tion, though I come short of your expe­ctation.

I hold it not necessary to discourse of the wealth, power, or amplitude of this Segnio­rie, referring you to sundry copious and exact Treatises, written as it were to the life of this Subiect, which describe as in a Mappe or Table, euery matter obseruable for a requisite knowledge thereof. It may suffice therefore, for the opening of a con­uenient entrance into the Narration which I haue vndertaken to deliuer vnto you, That you doe conceiue thus much: The Venetian State is at this present, (as also of long continuance) very strong, and not ea­sily to be shaken, their administration be­ing [Page 3] fuller of Wisedome then Force, and yet withall of such Force, as (with a Wisdome not ouer hastie to prouoke others) is well a­ble to defend and maintaine their owne both honour and right. Their Territories are large and fertile, though subiect to the affront of more mighty Monarchs; Wher­of the meanest (in course of hostilitie) may well seeme so dangerous, as they are not slightly to bee feared. And therefore it much concerneth that State, to stand vp­on a circumspect carriage of it selfe, not ex­ercising actes of enmitie with such their neere neighbours, or ministring to any of them any vniust or offensiue occasions. It hath euermore especially, and with strictest correspondence, (if not with ouermuch addicted obedience) assured it selfe vnto his Holinesse, casting their ancre, aswell of their safetie in worldly distresses, as also of their hope of eternall blessednesse, into the deepe and deceiueable sands of the Romish dissi­mulation.

This knot of league betweene the Pope and the Venetians, which oftentimes some [Page 4] great opposing Potentates endeuored to vn­tie, is now of late (I will not say vpon an ac­cident, but rather vpon a very essentiall in­iury offered by the Pope) so cut asunder, as that many stitches, and much labour of the best apted composers, will not easily fasten or draw it together againe. If you aske me, what miracle-maker hath had his hand in the working of this wonder; I must first answere you seriously, that GOD hath his times, and meanes to bring to passe his fore-decreed purposes; And vseth out of small beginnings, to draw the threed at length to his owne determined conclusion. Next, I will tell you merily, That it is both the Po­pish proposition prohibiting Priests to mar­ry, and the Popish practise of couering their habite of sinne, vnder their habit Clericall, that was the Factor of tearing asunder so sure friends. And lastly, take this for a Maxime, That the superlatiue supremacie of the Popes ouer-awing power, endureth not any touch in the least part of his body Ecclesiasticall, no not in the very heele or little toe.

[Page 5]In the meditation whereof, and before I enter into my promised Declaration, I can­not conteine my selfe, from powring out my prayers to GOD, that he will blesse this the Venetians encounter of the Romish pride, with the like successe, which it pleased him to giue to the like aduenture, in the time of King H. 8. when he reuiued the question of the Popes Pontifical decrees, & did eiect his false and ill-gotten Supremacie; by which one blow so stroken, he hath left vpon him the print of his fingers euer since. And sure­ly if this one Capitall point, of his strange, or rather idle Attribute of Power to dispose of Princes, were truely battered, there would such breaches bee made vpon him on euery side, as he would easily part with that which he accounteth his strongest hold. You shall see how notoriously his Greatnesse, or ra­ther vnlimited Absolutenesse, of Dixi & elo­cutus sum, displaying it selfe in his best robes and in his Consistoriall power, is now be­come contemptible, and held as a meere scorne, by his aggrieued neighbour State, bound by vowes to all filiall duties, and nur­sed [Page 6] vp with the milke of Rome, close at his doore, in Italy it selfe, where hee sheweth foorth all his pageants of pompe and glory, And that vpon iustifiable occasion, and by proceedings vnreproueable.

ABout December last, the said free, abso­lute, and vndependant State of Venice, (finding nothing more necessary for conti­nuance, or more estimable for dignitie, then to suppresse and punish enormious offen­dors) did lay the hands of Iustice vpon two of their Cleargie in Clericall habit, the one an Abbot, accused of many notorious crimes; The other a Canon of Vicenza, for dishonouring of a Virgine. The impriso­ning and prosecuting against these two, was the first stimulatory cause of splene and diui­sion, betwixt the Pope and the Segniorie. The Canonists helde the State to stand (ipso facto) Excommunicate, without any Iuridicall proceeding, for this their pre­sumptuous, and Irregular vsurpation of Au­thoritie beyond their bounds ouer the De­linquent Cleargie, whom they ought (for­sooth) to haue remitted to the Censure of [Page 7] their owne immediate superiours.

The Clergie thus startled, and all spark­ling with heate and indignation, posteth ouer their Aduertisements of these suppo­sed wrongs offered the Church, vnto his Holinesse; In whose Court, and about whose Person, they wanted not stirring In­struments to exasperate his anger, by other aggrauating suggestions added to the for­mer. The principall Agent that blowed this Fire, is suspected to be the Cardinall Del­phino, one of their owne Nobilitie, who (ei­ther to winne in that Court of Rome the credit of a good Churchman, or to breede the more awe of himselfe in his owne Coun­trey, or being (as he is) Bishop of Vicenza, where the Canon was apprehended, to hold vp his owne Iurisdiction, with what preiu­dice soeuer of the State where he was born) holdeth fast as it seemeth, the eare of the Pope to his secret insusurrations. And as it vsually commeth to passe, that where there is one hole already made, there euery small touch wil make the same vvider and teare it out farther: So fell it out in this breach or [Page 8] contention: for now are the Venetians fur­ther catched at, and looked into, for former offences against the Church, to make there­by a broader irruption, and scandall vpon them.

First, they are charged with the retention of Decime due vnto the Church; and for their ill affection toward their Cleargie in keeping them downe generally as much as may be.

Secondly, they had passed an Act in the Councell of the Pregati, whereby is directly forbidden the leauing of any land to Holy vses; ordering further any such Legacie to be immediatly sold.

Thirdly, the State hauing in penurious times taken money of certaine Churches and Hospitals, at vse of fiue or sixe pro Cen­to, refuseth nowe to restore the principall, tending that it hath bene repayed in the ve­ry Interest.

These causes added vnto the first, and malignantly vrged to his Holinesse, were so distastful, and so distempered his affections, as that shortly after, (hauing this grudge ly­ing [Page 9] heauy and vndigested) about Ianuary, in the time of Marino Grimani then Prince, he commanded the Venetian Embassadour then resident at Rome, from his presence, forbidding him further accesse, while the State which hee serued stood in termes of contumacie against the Church; And then with conuenient speede, (the sting of this complaint still egging on his sharpnesse) he directed vnto the Venetians a Monitoriall Breue, (as they call it) summoning them to obedience, and in defect thereof, menacing Excommunication of the whole State.

This admonishing Briefe was by the Popes Nuntio not onely defended and iu­stified in publique, but with his Oratory fur­ther recommended, as ful of wise and louing moderation, Sith, by giuing vnto them both fatherly aduise, and respit of repentance, it was rather an Argument of indulgence in his Master, then of any furious precipita­tion.

Hereupon Leonardo Donato (now Prince) at 72. yeres of his age, was presently elected to goe in quality of extraordinary Embassa­dour [Page 10] to the Pope, of whom (being ready to depart) the death of the former Prince made a stay, (not as if so vrgent a businesse of the State, had giuen way to his priuate ad­uancement, but because this accident did bring with it, a necessary excuse of deferring their answere to the summons, till they had made choice of another Prince,) all consul­tations ceasing in the time of the vacancie. Howbeit (this so solemne Embassage thus accidentally respited) It being thought fit in the meane while, to apprehend and im­ploy all reasonable meanes in Rome, by the friends of this Rebublique, to remooue the Popes indignation with conuenient le­nities; It prooued all of so little effect, that it rather turned into further exasperation, partly, through the Popes naturall tenaci­tie, in whatsoeuer hee hath once resolued, (which is a note of him in his Court,) and partly, by the cunning of the first instiga­tors, (who stil kept a watch ouer him in that businesse;) but principally, by the fore-ex­pressed causes themselues, which in their owne nature, and pondered according to [Page 11] the grounds of that religion, doeth not ad­mit any dispensation in such an occasion, where no qualifying can bee vsed, without notorious affront and preiudice to the Popes Authoritie.

Whereupon, (after it was discerned that these cooling mediations by interceding friends so slenderly preuailed,) The State of Venice and their new Prince Leonardo Dona­to, (who as a priuate man for many yeeres hath had great credit in that State) elected for Embassage toward Rome, the Caualiere Dodo, whom they furnished and prouided with good reasons for the iustification of the State; Namely, That concerning all those foure points, wherein they be so blot­ted with disobedience toward the Church of Rome, they haue sufficient and iustifiable allegations, out of common reason, Natio­nall right, and priuiledges Authenticall.

And specially for the first, which see­med to pricke the very master veine, by re­straining and correcting the vncleane con­uersation of their licentious brood of single fornicatours, and was otherwise most in­censiue, [Page 12] as most derogatory to the Popish chalenged exemption and preheminence. For which were deliuered two reasons: First that some of the Popes predecessours haue granted a power vnto them, to proceed ac­cording to the forme of their Secular Courts against the Cleargie of their owne Domi­nion, In delictis atrocibus. (of which nature these must needs be accounted) Secondly, that they did not by any their iudiciall atta­ches, or proceedings, inhibite or impeach the Ecclesiasticall iurisdiction: But seeing that their immediat and competent Iudges through fauors, negligence, or conniuence, omitted their dueties in such criminall pro­secutions; that they were bound, both for the conseruation of their State, and by di­uine Law, not to leaue malefactours vn­punished.

This Dodo, whom as a very choice man of great worth and wisdome, they had (as their manner is) chosen by their balls, to the composing of this businesse, was also further instructed in some circumstantiall cariages, As by faire speech of their professed zeale [Page 13] vnto the Church and his Holinesse, to as­swage his angry and ouer-vehement inten­tions; And to finde out and pursue any likely meanes of sauing the Popes reputa­tion, vvhom they might perceiue to be the more stiffe and vntractable, because he had proceeded so farre already, as that he could not hansomly make stop or goe backe.

And lastly, to passe ouer that impediment and obiection, deuised by the Factors and followers of the Pope, obtruding to the Ve­netians as a president what they should doe, the State of Genua; (Who hath lately in di­uers things satisfied his Holinesse,) that therein a difference might bee sought out, and insisted vpon, betweene the case of this Common wealth, and that of Genua, (shew­ing it selfe to the Sea of Rome so subiect and obsequious) which example the Venetians much stomacked, and are very sensitiue of the comparison with that president.

The Caualiere Dodo, being in readi­nesse to depart for Rome, it was thought fit to sound first, whether he should be recei­ued with all circumstance, according to the [Page 14] dignitie of the State, being afraid of a pub­lique scorne, and meaning to proceede in this businesse, from point to point very cu­riously, as pretermitting no precise regard, And taking assurance either directly from Rome, of good acceptation in plaine deliue­red termes, or comfortably presupposing the same by a construction (which might easily take holde of mindes well inclined) because the Pope had since the Monitori­all, sent to them a congratulatorie Briefe (vvhich perhaps vvas his complementing with the new Prince,) which they recko­ned as some signe of his relenting. They dispatched Dodo, vvith opinion that their iust Arguments would bee allowed of. He had as Associate in these affaires, the then Embassadour resident, that with the con­currence of both their aduises and labours, the desired effect might bee the easier attai­ned vnto. Notwithstanding all the dili­gence and forwardnesse of both these Mi­nisters, the Pope like to a shrew, the more earnestly that hee was instanced, the more crossely hee gaue his answeres; And in [Page 15] the end became so stately, as he would en­dure no more debatings or entreatings, but with a Papall sternnesse hee proceeded to the publishing of his Excommunication a­gainst this whole State, though in the same he made a reseruation of seuen and twenty dayes for repentance.

The Venetians, after notice taken of this extremitie, (finding so small likelihood of reducing the raging passions of the Pope, to such a pacification as might stand with their contentment and reputation) began to take vnto them such confidence & com­fort, as both the goodnesse of their cause, (which was nothing else but the execution of Iustice) and the honour of their State, (which hath not vsed to stoupe with base obsequiousnesse) could worthily inspire them with. Wherein that you may knowe how their spirits did presently sparkle, and were set on fire, by the tidings of these ful­minations, they forthwith published in the chiefe places of the City by sound of Trum­pet, a Proclamation to this effect, That whosoeuer hath receiued from Rome any Copy [Page 16] of a Papall Interdict, published there, aswell against the Law of God, as against the honour of this Common-wealth, shall presently render it vnto the Councell of Tenne, vpon paine of death.

Wherein, I pray you, let me make bold to obserue vnto you by way of a Parenthesis, (which I haue hitherto spared to interpose for feare of interrupting the contexture of the Storie) that this so graue, iudicious, and most aduised Senate, desteineth and defa­ceth the Pope, euen for his spirituall vsurpa­tions, by laying vpon him the publike note of hauing erred against the word of God it selfe, and that in a Consistoriall and Cathe­drall conclusion (as the Schoolemen terme it) and that they sticke not to reward with death the publishers of the Popes Bull of Interdiction: Wherein, for that (to my vn­derstanding) they doe speake verbatim our English Lawes, holding consent with vs by the very directions of Reason, I would haue our English Catholiques (for by a Popefa­shion they will needes vsurpe that name) to know that the King of Great BRITAINE, [Page 17] and that Nation, hath better cause to de­nounce and execute death against Offen­dors in that kinde, then the Venetians, for­merly, and at all times obliged to the Lawes and gouernment of that Church of Papall superstition.

But I must go on with their other passa­ges and proceedings, which (to bee a true witnesse vnto them) were all in euery cir­cumstance very sutable and approoueable. In the beginning of May, (after mature de­liberation, & constant resolution to vphold the Rights of their Magistracie, together with their right proceedings, vnculpable, and not subiect to any iust exception,) they concluded in Senate, vpon the composing and publishing of a Protestation, in answere of the Popes cursing, or cursed Bul; Which being conceiued, and expressed both for forme, and matter, so exquisite, as that any my interpreting, amplifying, or abreuiating thereof, might diminish or deface the per­fection which in it is natiue, I do send here­with vnto you, truely copied for your more diligent perusall.

LEONARDO DO­NATO BY THE GRACE of God Duke of Venice, &c.
To the most Reuerend Patriarkes, Arch­bishops, Bishops, of all our Dominions of VENICE, And to all Vicars, Abbots, Priors, Rectors of Parish Churches, and other Prelates Ecclesiasticall, Health.

IT hath come to our knowledge that the 17. of A­prill last past, by order of the most holy Father Pope Paul the fift, was published and af­fixed in Rome a certaine Bull thundred out a­gainst vs, our Senate and Dominion, directed to you, of such Tenor and Contents as therein appeareth. Whereupon finding our selues bound to preserue in peace and Tranquillitie the State which God hath giuen vs to gouerne: and to maintaine the Authoritie of a Prince that in [Page 19] temporall affaires acknowledgeth no Superiour vnder the Diuine Maiestie; We by these our publique letters protest before God, and to all the world, that we haue not failed to vse all pos­sible meanes to make his Hol. capable of our most strong and insoluble Reasons. First, by our Ambassadour Lieger with his Hol Then by our letters, responsiue to Briefes written by him; and finally by a speciall Ambassador sent for this very purpose. But finding his Hol. eares shut vnto vs, and seeing the foresaid Bull to haue bene published against the forme of all reason, and contrary to that which the diuine Scriptures, the doctrine of holy Fathers, and the sacred Canons do teach vs in preiudice of the secular Authoritie giuen vs from God, and of the libertie of our State, with disturbance of the quiet possession, which by Gods grace our faithfull Subiects vnder our gouernement hold of their goods, honors and liues, with vniuersal and grieuous scandall of all: Wee doubt not a whit to hold the foresaid Bull, not only for vn­iust and vnlawfull, but also for annulled and of no value, and so without force, frustrated, and vnlawfully thundred, De facto nullo Iuris [Page 20] ordine seruato. Wherefore we haue reputed it conuenient to vse against the same such reme­dies as our Ancestours and other Souereigne Princes haue vsed with Popes, that haue ex­tended the power giuen them by God for edifi­cation, beyond their limitts: Especially being perswaded that by your and other our Loyall Subiects, and by the whole world it shall bee so held and reputed: Assuring our selues, that as you haue hitherto attended to the Cure of soules of our faithfull Subiects, and to the Diuine Seruice, which through your diligence flou­risheth in this our State no lesse then in any o­ther, so you will hereafter continue in the selfe same pastorall care. It being our most stedfast Resolution to continue in the holy Catholique and Apostolique faith, and in the obseruance of the Holy Romane Church, euen as our Pre­decessours from the beginning of the foundati­on of this Citie till this present by the grace of God haue done. And wee will that these our Letters for the vnderstanding of all men be af­fixed in the publique places of this our Citie, and so of all other Subiect to our Dominion, As­suring our selues that so manifest a publication [Page 21] will come to the eares of all such as haue had knowledge of the foresayd Bull; and also to the notice of his Hol. whom we beseech our Lord GOD to inspire that hee may vnderstand the Nullitie of his Bull, and of other his Attempts against vs, and that hee taking knowledge of the Iustice of our cause, we may be encouraged to obserue our Reuerence to the Holy Sea Apo­stolike, of the which we and our forefathers, to­gether with this Common-wealth, haue beene, and will be euer most deuoted.

Giacomo Girardo, Secretarie.

THis is to be noted, that before the publication of this Protesta, they cal­led the Popes Nuntio to the Col­ledge, and gaue him knowledge thereof; where it being pronounced before him, by a Secretary of State Exscripto (as is vsuall) [Page 22] he craued a second view thereof, in the next roome: which being granted him, after he had changed countenance at some things much displeasing him, he tooke his Priests cap, and striking himselfe therewith vpon the right thigh, brake foorth into these words, Io so che si (ô Papa Paulo 5.) che ti vo­gliono vbidire.

But for a matter of better note, and more memorable, I commend this vnto you, That in the Protesta (as in all other Actes of the State since the said 17. day of April) there hath bene seene such vnitie, not onely of Iudgement, but euen in passion among them, that one onely ball did faile in the whole Senate, which yet was not in the ne­gatiue boxe, but in a boxe of a newtrall na­ture, suspending the assent of the party.

After the solemne publication of this Pro­testa, the Embassadours departed on both sides; The Nuntio first, and with leaue de­manded and granted, ciuilly and easily: but the 'Venetian Resident at Rome, was thence sent away with violence. For the Pope by a Bishop commaunded him to bee [Page 23] gone, vnlesse hee would remaine there in priuate qualitie. The Caualiere Dodo was before returned by order from the State. Their owne moderate proceeding with the Nuntio, matched in comparison with the harsh, & splenetike discharge of their Em­bassadour, maketh that sending away of him, to be almost as ill taken, by all degrees of people in Venice, as the very Excommu­nication it selfe.

The State here is so setled and animated, as that on all sides, yong and old, rich and poore, Gentlemen and Artificers, are hither­to fully resolute, to mainteine against the Pope their owne actions. They consider not onely of their present detriment, in ma­king any disaduantagious, or dishonourable end, but also of the future consequencies, if they should giue head, and addition of strength to the Ecclesiasticall authoritie, which already seemeth ouerswolne and too bigge, to all the wiser Princes and States of Italy. And besides they do readily discerne, that in this controuersie, the Pope will su­staine more losse and shame then they; As [Page 24] was very grauely set foorth in a pretty tale, very pertinently told by a discreet Gentle­man, in a deliberation concerning this bu­sinesse; Who told them, That by the Popes menaces, hee was put in minde of a nephew which he had, who was wont to draw from his brother (being a tender father) all his satisfactions, by threatning that otherwise he would turne Frier, or seeke his fortune in some strange Countreys, or the like: Till one day lighting on his father in a wrong humour, and swearing, That vnlesse hee might bee presently furnished with a good summe of money, (whereof hee pretended want) he would precipitate himselfe downe the staires; His father put it to the triall what he would doe: but the youth seeing it was now come to the question of his owne safety, went downe the staires very quietly. So, said he, will the Pope doe, notwithstan­ding this heat of words, and present distem­perature, when hee shall come to consider somewhat cooly, that in proceeding against vs, Ginochera il suo & non il nostro. This o­pinion of his was much applauded, as very [Page 25] probable, (if the diuulging had not caried the matter too farre, and past returning to second cogitations.)

The very vulgar sort doeth discoursingly lay foorth and discipher the Popes inconsi­deratenesse in this so hard a course of his iniustice. They commemorate the many binding benefits of their State collated on the See of Rome; And particularly for in­stance and demonstrance, how much that Church is to them obliged, (if there were no other testimony) They do in one notable matter of the triumph which Pope Alexan­der the third had in this Citie ouer the Em­perour Fredericke Barbarossa, both remem­ber the greatnesse of their owne merite, and exprobrate the vnexcusable ingratitude of that See. In this very place, That Empe­ror who had chased the Pope out of Rome, and scant left vnto his Holinesse any one hole for the Foxe to hide his head in, was himselfe brought, or rather wrought to so base a degree of humiliation, as that he was first stouped to the kissing of the Popes toe, and after, his head and necke was trode vp­on, [Page 26] by those vnholy presuming feet, whilest in a scorning and insulting glory, his Holi­nesse made bold of this Text, Super aspides & basiliscos ambulabis, & conculcabis Leones & Dracones. I trust that that sinne of the assistance and adherencie of this Segniory in that shamefull trampling vpon Imperiall Maiestie, hath bene pardoned, and remai­neth not in any debet vnto this day. They spare not also to make particular reckoning of the great wealth and vast summes, which by the colour of his Ecclesiasticall headship is fetched from them to the Popes Coffers. But especially, they speake of their conti­nuance from the beginning of the founda­tion of their Citie, in the obseruance of the Rites and Religion of the Romane Church. By all which and much more, as euery mans fancie or disposition serueth him, they doe amplifie the ingratitude, iniuries and indiscretion of their holy Father.

This matter hath stirred vp the industrie and sharpnesse of many that were idle be­fore: The Politiques, how to contriue, ca­pitulate, excuse, delay, preuent, or circum­uent: [Page 27] The Canonists, how to finde distin­ctions for the Conflict when it commeth to Disputation: The Oratours, how to de­claime copiously; and the Historians, to re­port credibly these extreme wrongs: The Poets, how they may out of their ful pennes raine foorth showres of wit in this mat­ter: The Diuines, how to bee conuerted to a new Religion, which point was subdiui­ded into one of these two resolutions; ei­ther to force their Priests to say Masse after Excommunication, (as if either the Pope were Nullus, or his Sentence a Nullitie) or otherwise to passe to the Greeke faith, like vnto displaced or discharged seruants or souldiers, that vpon their cassiering must seeke a new Master or Captaine.

There is a generall liberty giuen for di­vulging of Discourses and Translations; amongst which is put in print the iudge­ment of Gerson the Chancellour of Paris, vpon the inualiditie of the Popes Excom­munications, and some such like conside­rations of Saint Bernard to that purpose. For the more free publishing of which and [Page 28] the like Treatises, the Inquisition hath been suspended by particular Warrant of the State; And when once the fludgates were thus set open to all such writers, as hereto­fore were pent and restrained, to deliuer freely to the world, either defensiue matter, in iustification of this cause, or offensiue tax­ings, to blemish and blame the Pope for his temeritie; It is strange to see what sundry sorts of gybing and biting Pasquils were let fly abroad in derision of his Holinesse. But, amongst the workes Apologeticall sagely and iudiciously written, Frier Paulo hath in a set Treatise composed by him, not onely defended the Venetians from this Excom­munication and demands, but also in ma­ny points lessened the Authoritie of the Pope, by sound allegations, & by the proofe of priuileges appertaining of right and in dignity vnto the State: whom it is said, that this Commonwealth hath rewarded for his labour with a good pension yeerely during life. And I haue likewise met with another intelligence, That there is on the other side made out a secret processe against him, by [Page 29] the Church, for his infidelitie and treachery therein. Nay, a later newes hath here ar­riued, That this Frier Paulo hath bene since solemnly (by his image or picture) burned at Rome, and reproched also by a scorne­full appellation of a mezo Lutherano; Such and so hote a fire of the Popes wrath, hath blazed foorth against him. But the Vene­tians, on the other side, (to vphold him in comfort, and make him amends in glory,) haue out of their grace and contemplation of his well deseruing, dignified him with a better chosen title of Theologo designato; Ex­pressing thereby the nature of his merite to haue beene this, Euen the opening vnto their darkened vnderstandings, some ne­cessary trueths in Diuinitie, tending to the discouery of the false pretences of the Ro­mish Supremacie. This high Attribute, from so Iudicious and Illustrious a Senate, is (in the stead of his image reported to haue beene consumed with flames) like to a goodly or gilded statue, which shall pre­serue his name and memory, in all succee­ding times.

[Page 30]It is to bee remembred, that the Popes Interdict, did prohibite all the Religious to celebrate diuine Seruice, or to exercise any Ministeriall function among the Venetians, whilest they persisted in their contumacie. And the Pope by further order called away the Iesuits, Theatines, and Capuchines, from among them, as if he meant to fire them all when hee had once reserued or preserued them. The Pope conceiued (though in deed hee was deceiued) that no sooner should his Papall indignation, and the ter­rors of his Excommunications be spread a­broad, but that the people would haue pre­sently rebelled, and the Churchmen haue streight retired themselues. But the Vene­tians making a concurrence of their Forti­tude and Wisedome, to maintaine the vp­rightnesse of their Iustice, & nothing doub­ting of the blessing and operation of Gods Spirit, to giue thereunto answerable suc­cesse, Decreed and commmanded sub poena furcae, as they would answere it at the gal­lous, that no Ecclesiasticall persons should relinquish or desist from his charge or at­tendance [Page 31] at the Altar, or should depart out of the dominions of the Segniory without order or leaue. Whereby in plaine trueth they tread our steps, by ioyning vnto Prin­cipalitie the Supremacie ouer persons Ec­clesiasticall.

They caused also to appeare before them all the Priors of Parishes, and Superiors of Cloisters, to receiue of them their promise of faith. The Friers of S. George haue pre­sented their Reuenew, which is of good value, to the seruice of the Prince. Others haue answered, That howsoeuer they haue had their habite from the Pope, their flesh put them in minde of an other duety, and clapping their handes vpon their naked armes, testified that they were disposed to liue and die in the seruice of S. Marke, and the State of their Countrey.

The Prior of Saint Martins, hearing the Proclamation afore inhibiting the hanging vp of Bulls vpon the Church, and comman­ding the deliuery of them to the Councell of Tenne, (if may should be found,) said he had rather bee excommunicated twelue [Page 32] yeres, then hang halfe an houre. Others haue protested, that seeing they finde the difference betwixt the Segniorie and the Pope, to be for matters onely of Iurisdicti­on, and that the Pope seeketh his particular profit, and not that of IESVS CHRIST, they be resolued to aduenture all with their vttermost powers and constancie, vnder the obedience of the Common wealth.

Thus you see the vnanimous and cheere­full resolution, aswell of Ecclesiasticall as Se­cular, and generally of the whole Repub­like, to imploy their goods and life, to maintaine their libertie, and approue their fidelitie, against the vniust, and haughtie pretences of the Pope. And the Segniorie vseth all diligence possible, to keepe the peo­ple vnmouable in so godly and blessed inspi­rations.

Neuerthelesse, certaine orders of their Churchmen are hence departed, The The­atines, and Capuchines, by licence and vo­luntary relinquishment. The Iesuits were the first that did begin to swarme, and seeke further for a new hiue, but they were sent [Page 33] away by course of expulsion, and open ba­nishment out of the whole dominion, and that by a speciall decree, not so much for re­fusing to continue the sacrifice of the Altar, (which at the first they had giuen some hope that they would do notwithstanding the Popes Interdict, vnto whom they pro­fesse to bee as true and helpfull as his very life blood,) as for other weightie Imputa­tions, And among the rest, for the dange­rous abuse of that great instrument of State, Auricular confession. And although they haue beene before banished out of diuers other Countries by Acts of Parliament, (be­ing such, as wheresoeuer they come will touch the quicke and eate to the core) yet surely, neuer were they from any place dis­carded or throwen out with more resoluti­on and contumely then from hence. They were suffered to carrie with them only their Quotidian habite and Breuiaries, cum via­tico to support their necessities in their tra­ueile. There was an inuentory taken by an vnder Secretary and Commendatore, of the goods left behinde them, and seased vp­on [Page 34] by the State, rather for curiosities sake, to know what they had gathered, then for any meaning that the State hath euer to bee ac­countable for any part thereof. The value whereof in certaintie of summe, if you ex­pect I should relate, I answere they met with a concealement, and so it is vsed, being a reserued secret not yet made knowen: but if they haue kept their vow of pouerty, as regularly as the rest of their Society doth in other places, you may well guesse that they were in that point no more beggars, then in their other rule or vow of chastitie they bee ouer honest.

In which search haue bin discouered two memorable things: First a Scrinio (as they call it here) with partitions of their addres­ses to and from all parts, As England, France, Spaine, Flaunders, Germany, Poland, Russia, &c. with subdiuisions also of the Prouin­ces into Townes, as London, Paris, Lions, Rome &c. And in this Scrinio, they had lest rather through vanity, then hast, a great and incredible heape of the very ashes and tynder of their dispatches. The other was [Page 35] an artificial furnace, such as the Italian Gold­smithes doe vse for the dissoluing of gold and siluer, which was brought into the Councell of Tenne, and hath bred much discourse; the best opinion being, that it was to melt the chaines, rings, and iewels which they got from Gentlewomen, and so (Mu­tata specie) to put them away in Bullion.

Now, before their going, one of them reckoning himselfe the principallest, would needes also shew himselfe the boldest: for hauing obtained a priuate accesse vnto the Prince, made offer vnto him, of interposing his Society, for the reconcilement of the Pope. Whereunto hee receiued from the Prince this Noble answere, That the State of Venice had neuer before vsed such instru­ments, and would not now beginne, And therefore hee willed him, to forbeare the imployment of themselues, either much or little, in this matter, and rather to spend their time, in considering that they had bin alreadie too busie in the world.

Me thinkes I heare him further tell them, that they might better bestow themselues in [Page 36] heauenly Meditations, then in Negociati­ons with States, and that they should rather abound in spirituall contemplation, enclo­sed in Scrinio pectoris, then in such enter­coursing traffique about secular businesse, wherewith their Scrinio of enterchanged aduertisements was so fully fraught. Lastly, that they should rather haue had melting and relenting hearts to powre out foun­taines of teares for the sinnes and errors of the people, than those melting furnaces to conuert their fraudulently extorted rings or chaines into wedges of gold: Therefore be packing hence you practisers of iniquitie, and proude Politicians that endeuour the rearing vp of your owne greatnesse, with the ruines of your Countrie that hath fo­stered you, shall no more claspe about this flourishing tree to raise and encrease your own faction, by pinching and wrong­ing the stocke whereby you be supported.

Since their departure many things haue beene proposed for their perpetuall exclusi­on, as the placing of other Religious in their Colledge, the depriuation and losse of No­bilitie [Page 37] to him that should euer speake in fa­uour of them, and lastly, to rase the sayde Colledge and conuert it to ciuill vses. What course herein will be held, it is as yet vnde­cided: but on all sides, the State reckoneth it selfe well ridde of such pernicious Statists, that bee the Enginers and Pioners for the Pope, working vpon, and against all, Princes and States, with their practising plots, to bring them to their, either submission or subuersion, and their Master to his supre­mest exaltation.

Thus haue they let the Kytes flie, and I trust they will so destroy their nests, as that they may sooner make their flights to the furthest Indians, (there amongst these Saua­ges to practise their extreame sauagenesse, whereof the sayd Indians, haue already ta­ken a sowre taste) then to nestle, or to bee nouseled any more in this Region. And let vs English also make hereof this vse and ob­seruance, That if the Venetians (clad in the same liuery of Religion) hauing not any di­rect and expresse particularities of their trea­sonable complottings to accuse them of, yet [Page 38] haue iudged their very profession, and the generalitie of their dealings, not agreeable or sufferable in a well instituted Common wealth; How much more are wee bound by the Law of Nature and Nations, with all care and prouidence to seeke to expell, abandon, and keepe out such pernitious instruments, whom we haue in all our try­als of any Treason, from time to time, ex­presly proued to haue bene the seed-sowers, and the firebrands of all contriued and in­tended mischiefes? Therefore Exeat ex vrbe Catilina: For we feare not so much the Popes open hostilitie, as we doe the ensna­rings & circumuentings by secret practises. Hee cannot gaine from vs by any forcible meanes, so much as the worst haire vpon the body of any Subiect; Then let him not by the conueyance of his poyson, (through these Snakes) into the bosomes of our peo­ple, bereaue our body Politique of so many worthy members, by alienating their hearts from their sincere obedience.

But left you may tell me, that my passi­ons make mee to forget my passages for or­derly [Page 39] proceeding in this Relation, I returne to the declaring of that which remaineth, which is the Ciuill and militarie prouisions of this Segniorie. They haue bene here ad­uertised by good intelligence, that the Pope is preparing of Forces, and seeking confede­rates, to tame their contemptuous insolen­cies (as he termeth it) purposing, if he can­not bring them to their former subiection, to bring vpon them vnexorable Warre, and mercilesse diuastation. Therefore out of their prudencie, they haue also inclined their cares to the like courses of preparatiō. Some offers of aide and adherencie haue beene made vnto them, by their confederate Prin­ces, by the mouth of Embassadours there resiant, whether seriously and by Commis­sion, or for fashion and complementally, I thinke they can scant tell: But they goe on confidently, and with good conceite of their owne strength. There is a Generall made by Sea, and A Prouiditore de terra ferma, ac­companied with Lieutenants general of the Italian foote & horse. Into seuerall Townes are assigned the principall leaders of expe­rience [Page 40] vnder their pay, especially in such places as frontire Milan, or confine with the Ferrareszes. Thirtie new Gouernours of Galleyes haue beene chosen. The principall Townes and Communities assured by a let­ter of solemne tenour, drawen by the Prince himselfe. A Gentleman and Citizen balli­ted here in euery contrada, by whom twen­tie fiuemore are to be chosen against sud­daine casualties, that might happen in the night in this seate of their Dominion. Fi­nally they seeme so excited in courage and confidence, as if they euen longed to pull him out of his Chaire, whom they haue al­ready cast out of their hearts, and as if they were no lesse resolute to bee reuenged of him, then he was proudly vniust to offend them.

And howsoeuer in the dependencie of this businesse, many things haue bene done here prouisionally, some by aduise, some in distemper, some in earnest, some in sport, some respectiuely, some with contempt; yet hath nothing hitherto beene discerned to be done in feare: Hauing caried euery cir­cumstance, [Page 41] (if my weake capacitie may pre­sume to censure so graue a State) with most exemplar wisedome and magnanimitie, that we may conceiue hope, that GOD will by such beginnings, open an entrance for his trueth to get in to them, that haue long slept in errour and ease.

To passe on by following the tract of this businesse so farre as wee finde the same to haue bene driuen, I must tell you of ano­ther chiefe Actor that hath stepped on the Stage to shewe himselfe in this Scene. It seemed fit to adde encouragement vnto his Holinesse, and to hold him on in the course of his former feruencie, whereupon sundry of his Cardinals, and other great Clearkes attending about him, with much vehemen­cie incited him to an vnrelenting constancy against the vnconformable Venetians. A­mong whom Cardinall Baronius, a princi­pall man, of great name and note in that Court, addressed vnto the Pope his horta­tory letters in that behalfe: whereof (for that I trust and intend shortly to send the same vnto you) I wil forbeare to rehearse the par­ticular [Page 42] and regardable points: Onely that you may know it by a true marke whereso­euer you may otherwise fortune to see it, you shall haue thereof the first and the last words; wherein if you doe finde sound Di­uinitie, and Texts of Scripture well applied, know that a Cardinall is the Authour, who perhaps hath a kind of copartnership with the Pope in that prerogatiue of neuer er­ring. It beginneth thus: Duplex est, beate Pater, ministerium Petri; Pascere & occidere. Dixit enim ad eum Dominus, Pasce oues meas: audiuit (que) è coelo, Occide & manduca. The mi­nisterie of Peter, holy Father, is of two sorts; To Feed and to Kill. For the Lord said vnto him, Feed my sheepe: and hee heard from heauen, Kill and eate. From Occidere, that is, Slaying or killing, &c. he inferreth the Popes power of Excommunication: how strangely or streiningly, let the Diuines iudge: I promised you only a narration, and therefore will not be bold in any refutation. It concludeth thus, Memor esto te in Ecclesia positum esse in Petram, in quam omnes qui of­fendunt, confringentur. Remember thy selfe [Page 43] to bee placed in the Church as a Rocke, a­gainst the which whosoeuer rusheth, shalbe broken to pieces. Howsoeuer this making of the Pope a Petra, be much beyond their former titles of deriuation from Petrus, yet that application or rather amplification, ser­ued well for an apt perswasion, to keepe the Pope to an vnfainting resolution.

How far this Letter, or other the like in­censings, haue caried the Pope in his intēti­ons of holding his hardest hand, or of strey­ning the strength of his arme against this Segniorie, it is not readily to be affirmed: but this I can further aduertise you of, that the seuen and twentieth day of respite giuen to the Venetians for to returne into their bonds of obedience, by giuing to his Holi­nes some satisfaction, expired on Whitsun­sunday, and that it was then expected, that the Pope on the Munday following, would haue performed his blacke ceremonies be­longing to the actuall fulmination of his In­terdict before mentioned. But there was Nullus strepitus, & nihil turbarum, no thing was done in that businesse, in so much as [Page 44] (the expectation of people being frustrated by such omission) it occasioned much di­uersitie of voyce and rumour, according to the many sundry coniectures made there­of. Some were of opinion, that his Holines (with a kinde of faynting) was content to haue all to stand at a stay, till he could haue some agreeable meanes offered, for clean­ly auoyding of the vttermost extremities. Some thought that hee would first consider of, and prepare his helps and aduantages, (which might concerne him to put in readi­nes,) and so backe his formalities with sub­stantiall prouision. Others, whether to saue the Popes credit, or out of their knowledge and experience in the like causes, affirmed, that any further acte on the Popes part was vnnecessary, sith the first denunciation or promulgation of the said Interdict, standeth of it selfe in sufficient force: And that, be­cause the Venetians tooke no holde of the fauour aforesayd, graunted vnto them by way of reseruation of the seuen and twenty dayes, they remained now vtterly excluded from all grace, and were actually vnder the curse.

[Page 45]Thus this present Iune standeth the state of this businesse, more in expectation and preparation, then as yet in any hostile acti­on, and without any on either side, either discernable yeelding, or open pursuit, The Venetians attending in readinesse what fur­ther storme his Holinesse out of the thicke and black cloud of his displeasure wil powre foorth vpon them: And the Pope eagerly looking, that the beastes of the Forrest will tremble when the Lion roreth. Among the other neighbours that be lookers on, some perhaps are setters on, to increase the con­trouersie; others gazers on, keeping them­selues in a direct neutrality; some it much concerneth to stop the course of this con­tention; some with hollow intentions may plot on their owne drifts; All, though they differ in their particular affections or caria­ges, yet concurre in admiration of this acci­dent, with a discerning of the finger of God and his diuine prouidence, not to be pene­trated into by our humane imbecillitie.

But what will be the issue and euent of this great stirre, it is onely knowen to him, [Page 46] who is the first stirrer of all causes, and vnto whose fore-concluded endes, all the drifts and actions of men are but subordinate. Yet for that it is a custome in humane reason to coniecture probably, where it cannot define a certaintie; I wil not sticke to acquaint you with the Iudgements of the wiser and most experienced men, that by precogitation do discourse the successe of this busines. Some thinke that the Pope will first yeeld, when he shall finde that hee hath intricated him­sel [...]e into a trouble, which bringeth vnto him assured losse, and is not to bee pursued without extreme cost. Others, that the Ve­netians wil be easily perswaded to submit vn­to the Pope, and returne into his bosome for grace, sith they before so effectually la­boured their reconcilement, and haue not yet disseuered their Iudgements in the que­stions of Religion. Some are of opinion, that they may bee accorded by this middle course, that the Pope may grant one thing, and they agree to an other, by way of per­mutation; that so each of them hauing in some sort their minds, they may apprehend [Page 47] a satisfaction in part, to be accepted for the whole. Some argue that the troubles of Hungarie will call the Popes considerations that way, being arriued to a great despera­tion and insolencie in their rebellious de­mands. Most men doe directly thinke, that it will finally resolue into a Schisme, because it cannot well be discerned, how either par­tie can giue ground or relent, without dis­paraging or abasing of their estimation. Some of more piercing insight, and expert knowledge of courses vsuall at such times, doe doubt that in conclusion it will prooue nothing but the further in riching of a Popes Nephew, or one of his brothers, or of some vehement Cardinall, for working of this same feate of flexibilitie, in the Popes stiffe conceite and dislike of the Venetians. Others do contemplate aforehand the sedulitie and deuotion of many well affected, (though supersticiously zealous) who doubtlesse will not be wanting with any their ardencie, to compose this controuersie, were it but ei­ther for feare, lest the Turke doe take occa­sion by such dissentions to aduantage and [Page 48] aduance himselfe in Christendome, or for shame, that we whom they account so vile­ly of, should reioyce to behold their ruina­ting contentions among themselues.

If you giue me leaue to tel what I thinke, Truely if the Pope should be so perempto­rie with the Venetians, as hee hath beene euermore maliciously busie with vs in Eng­land (where yet his Authoritie hath so long beene out of date) hee would make short worke vvith them. Hee would giue away their Lands and Territories vnto some high Potentate, (that must fight the Popes bat­tels) who with cruell incursions and Inuasi­ons, euen by the sword and Conquests, shal spoyle and subdue them, till they fall on their knees for his Fatherly compassion. And may hee not iustifie his so doing? Be they not Excommunicate? and so conse­quently to be executed and prosecuted by the Secular arme, which it shall please his Holinesse to implore or imploy? (Wherein certainely as a Secular prince himselfe, he is likely to put in also his arme or foot among them;) Nay, must not then the Leaguers [Page 49] by the oath of Trent combine their whole powers against the denounced enemies of the Church? If Venice now had bene in his regiment Monarchicall, vnder the rule of one absolute King, Hee should haue bene sure to haue had good store of bad practi­zers, vpon his person and against his life; And perhaps (for ought that I know,) such particular aduenturers, authorized in such Actions by their dismission from obedi­ence, and incitation to suppresse their So­ueraigne, may draw their warrants from this title of Seculare brachium, imployable at the Popes call: But where there be so ma­ny Senatoriall gouernours, they can hardly be at once surprised with such hidden trea­cheries, if they can but take warning from vs, to preuent the danger of The vault Treason.

To prosecute this Theame, What the Pope may do in his malice, let vs out of our feeling be still the exemplary instance. Can the Pope in Venice, where his doctrine is wholly receiued, and where he hath so long bene an adored Idoll, make no side or fa­ction [Page 50] to raise among them seditions vprores and insurrections? England is taught by experience what he can doe, where being (I say not a stranger, but) an anowed enemie, yet hath hee stil enterprised to make a part, for the stirring of tumults & Commotions; And hath all this bene done against vs to re­gaine England so farre off? And wil he sleepe or let slip any opportunity to recall, recouer, or recommand Venice? Well, if his heart or his meanes doe not serue him, to follow them with enforcements of fiercenesse, Do you thinke that he will not as easily become a Foxe to ouertake them with kindnesse, as he would haue played the Lion by terrors and compulsion? Hath hee in England (by so many fawnings and deprecations) sought to draw vs againe into his Imbracements, that are diuided from him by a broad sea of difference in many points of Religion? And wil he not in the cause of Venice, which hath so long bene his darling, and as yet but by one parting channell disseuered, (which may easily bee ouerstridden) vnbend his brow from his heauie frowne, and turne a­gaine [Page 51] his appeased countenance? O that the Honourably minded Venetians would put him to it, and trie his disgestion! That they would holde themselues to their free­dome, and shake off his shakels! If he doe but let it be a question till it be studied and looked into in Venice, it will assuredly breed more disciples against him in one yere, then twentie successiue popes shall bee able to weed out.

I hope it hath already euen in this course of a Table talke, and by the defensiue pro­ceedings which necessity hath constrained, so fastened in his mind a corrasiue, as (con­sidering the place) he may for euer com­plaine of an Vlcer in his pretended Mo­narchie; Then haue not I reason to sup­pose, that he doth already euen longingly wish a kind & well formed reconcilement?

The matter is, how to worke his purpose handsomely by some cleanly carriage, As where his owne desires importune him to concluding termes, there vnder hand to procure himselfe to bee much importu­ned.

[Page 52]I haue very lately heard, that there is a French Cardinall newly come to Rome, to bestow his labour & loue in the according of these variances. What the successe there­of will be, wee must expect to heare hereaf­ter: onely my conceit is, that no man of any indifferent discerning, can be so simple as not to beleeue, that all this so rough and high blowing contention, will well enough be on the Popes part quieted and accom­modated. Onely, it concerneth vs all, for the honour and loue of the trueth, vnfai­nedly to wish, that the eyes and hearts of the renowned Venetians, may by the touch of Gods finger bee opened wider, to let in the Lord of glory, bringing in his traine his trueth and righteousnesse; and that their hands and puissance may bee so strengthe­ned with an extraordinary addition of va­lour, as that they may from that nooke or corner of Italy, become as it were Gods har­bengers to make way for him throughout that goodly countrey, to the suppression and demolishing of that so intolerable vsurpation. Which though wee may rather [Page 53] wish then hope for; yet respecting his pro­uidence in these beginnings, we may with erected mindes attend the manifestation of his further ordinance, in the euent which his wisedome and Iustice shall bring forth.

And to suckle vp our hopes herein, with the opinion (at the least) of possibilitie, if not of better likelihoods, let England bee a comfortable Instance, to cherish and vp­hold our thoughts from despairing of a suc­cessefull issue to the Venetians also. How many yeeres, or rather ages, was England as it were in labour of this trueth, That the Pope had no right in this kingdome to or­der, gouerne, command, or censure any causes or persons, Ciuill or Ecclesiasticall? How many perillous throwes hath shee felt in her wombe and bowels to bring foorth this child? what, how many, & how migh­tie practises haue beene contriued to haue destroyed this child within her belly, that it might neuer haue seene the light? It is plain­ly and fully to be prooued by many ancient Records, whereof some are registred in the Courts of Law, (of the which that learned [Page 54] Knight Sir Edward Coke Atturney general to his Maiestie, hath made an exact and most iudiciall Collection) some be remai­ning in the Towre, as Acts and signitures of Princes, or of the high Court of Parliament, some are kept in Archiuis of our Spirituall Courts, which also affoordeth vs some ve­stigia pristinae libertatis.

That this Nation almost at all times hath in some measure or other sought to deliuer into the world this her conception, (that hath liued and growen great within her) against the Popes encrochings and intru­sions into this Kingdome, with his vnwar­ranted and vnlimited Supremacie; If you aske me why, or how the sight and publique apparance of this Trueth, (like vnto the birth of a childe) was so long deferred and hindered: First, you must know that it is a Lions whelpe, and nihil magnum subito nas­citur: next, the Midwife TIME serued not nor lent not sufficing ayd; but chiefly, the great red Dragon, that with his taile drewe the third part of the Starres of Heauen,Apoc. 12. stood before the woman which was ready [Page 55] to be deliuered, to deuoure her child when she had brought it foorth. For let this be obserued as a probatum est; This Kingdom did neuer make or enact any Law so forci­ble and ful against the Pope or See of Rome touching any such their vsurped powers or pretended rights, whereof the edge and point was not straight broken or blunted, by a Counter-law made at Rome, That whosoeuer should prosecute any of those Lawes to execution, should be and remaine vnder the heauiest curse of their greatest Excommunication. Whereupon, the dan­ger of the soules damnation (whereof those times of blindnesse were so sensitiue and fearefull) preuailed more to suppresse and annihilate all such Statutes giuing them no effect, (as if they had neuer ben borne) then any other respects of duety, either to the trueth or to our Countrey, could giue them life or strength. But that I may shewe you some euidence for the proofe of that which I haue affirmed, I wil (so farre as my memo­ry, wanting at this present my larger notes, can doe his office) giue you a discerning [Page 56] taste of this trueth, concerning Englands continued claime of her owne Imperiall rights, and her manie prouisions, decrees, and consultations, tending to the renuncia­tion or abdication of any the Popes Interest or intermedlings in England.

In the 14. yeere of K. H. 1. the Popes Authoritie was so little esteemed in England, as that it was come to that passe, that no persons were permitted to appeale to Rome in cases of Controuersie. Their Synods and Councels about Ecclesiasticall affaires were kept, without seeking any his licence or consent: And they would not obey such Legates as hee sent, nor come to the Conuocations which they held.

In the 31. yeere of K. H 3. The Pope vnderstanding that diuers rich beneficed men in England died Intestate, he ordeined a Decree, That the goods of any Spirituall persons dying Intestate, should remaine to the Pope: which Decree (purporting the Popes oppressiō in preiudice of this Realme and the suruiuing friends of the deceased) the King in no sort would suffer to take [Page 57] place: And the same King by his Letter In­hibitorie did flatly forbid a talage of the Cleargie, which the Pope about that time had required.

In the 30. of E. 1. the Popes Peter-pence, being not his due, but rather the King of Englands Almes, were denied to the Pope.

In the 17. yeere of K Edw. 3. the Com­mons pray the Kings assent, to banish the Popes power quite out of England. And in the same yeere vpon the Popes intruding of himselfe to make a peace betweene the King, and France, King Ed. sent him word, That if hee would mediate betweene them as a friend, hee would heare him; but in no sort if he intermeddle as a Iudge.

In the 50. of E. 3. the Commons com­plaine, that all the miseries of the Kingdom come by the Popes vsurpation; beseeching the King (this being the 50. and the Iubile yeere of his Reigne) that hee would ioyne with them to cast him out, for that he doth not pasture but pill Gods sheepe.

In the times of E. 3. R. 2. H 4. and H. 5. sundry Statutes were made against then [Page 58] that out of the Court of Rome obtaine or pursue any personall Citations against the King or any of his Subiects, or that procure from thence any impetrations and prouisi­ons of Benefices and offices of holy Church. And for that (as I before declared) the Pope on the other side, opposed to these Statutes his Interdicts and sentences of Excommu­nication against the obseruers of the same: In the 13. yeere of R. 2. the said Excom­munications also are so farre disauowed, as that for the maintenance of the Liberties of the Kingdome, and the dignity of the State, it was ordained, That if any did bring or send within this Realme, any summons, sentence, or excommunication against any person, for the cause of making motion, as­sent, or execution of the said Statute of Pro­uisors, he shall be arrested, imprisoned, and forfeit all his Lands and Tenements, goods and cattels for euer: and moreouer incurre the paine of life and member: And a Prelate making execution of such summons or sen­tence, to forfeit into the Kings hands all his Temporalties. Neuerthelesse, for a long [Page 59] space after (whether by reason of our con­tinuall ciuill broyles in England, which scant affourded any leisure of thinking, much lesse of prosecuting vpon this cause, or for that the superstitious ignorance of those times did entangle or rather captiuate the consci­ences of our people) this point of the rights appertaining and incident vnto the Royall power & Maiesty of this Imperiall Crowne, and of the Popes vnlawfull oppressions and vsurpations within this Land, lay asleepe, was silenced, and suffered open wrong, vn­till the latter dayes of K. H. 8. who, instru­cting himselfe by the conferences and dis­putations of his learnedest Diuines, and by the aduise and assent of the whole State as­sembled in Parliament, fully and finally de­cided this question, with the absolute ex­clusion and extermination for euer out of this Realme and the Dominions thereof, of any the Popes Authoritie and Iurisdiction.

Thus hath God his prefixed periods for the producing at the last of that trueth which hee oft suffereth his Church to be long in trauaile of: Then why should not [Page 60] we likewise reteine some comfortable con­ceits of Gods accomplishing and bringing to an happy effect of that worke in the Ve­netian State, (though sensim & gradatim) whereof hee hath, of his prouidence and goodnesse (and by occasions which for the iustice thereof may expect his blessings) be­gun and layd so likely groundworkes?

ANd now (my good friend,) for a clo­sing conclusion to this my ouerlong letter, (as remembring wherefore I ted this tale) Lend me a little more of your gentle patience, whilest I draw out of the fresh re­membrance of this Relation, some satisfa­ctory vse, for the iustification of the Natio­nall Lawes of England, and the Iustice of our Magistracie, from the scandalous im­putation of crueltie, in our prosecutions a­gainst our professed Aduersaries transgres­sing our Politicall and poenall Ordinances. Which I will comprise in a comparison be­tweene our English proceedings, with these of the Venetians: not intending at this time to sort out for them any other example or [Page 61] presedent, then what I here haue already with my best iudgment wel obserued, know­ing, that if I should post through France, Spaine, Italy, and all Germany, to collect proofes & demonstrations to that purpose, it would be as to me a labour supereroga­tory, so to them (whom nothing will sa­tisfie) like a charme to a deafe Adder.

It cannot be obscure to the whole world, That our Royall kingdome hath for many yeeres together, quite expelled the Pope with his Supremacie and superstition, where the Venetians (for any thing yet of publique note) haue not fallen from him in any point of Religion, no not disauowed his gouernance or Supremacie in causes Ec­clesiasticall, but onely excepted against his intrusion into the right of their owne Iuris­diction, in causes on their part iustifiable by all humane and Diuine rules. Yet haue they resolued vpon, and pursued courses, no whit inferiour in rigour and extremitie, to the sharpest Lawes made with vs, in so long a time, and after so manifold and violent occasions. Yea, though the matter concer­ned [Page 62] vs in the deepest degree, euen of (vter esset & vter imperaret both) our regall and Imperiall rights lying at the stake, in con­flict with the Papall vsurpations, and our Religion, Peace, Iustice and tranquillitie, be­ing continually infested by the positions, oppositions, practises, and iniuries of the Romish faction.

You see the Commands, and prohibi­tings of the Venetians, to be all accompanied with the terrors of death, which is vltimum in malis. I doe not taxe or dislike this their seeming austeritie: But I inferre, that as ne­cessitie coacteth them to be seuere, so that our Lawes being enforced from vs by the like coaction, haue also the like defence of naturall reason and primatiue Iustice, in the righteous directions whereof they and wee doe agreeingly concurre. What doe you thinke they would doe, if they had once made a generall reuolt or defection from the Pope, in all the controuersed Articles of difference? Can you imagine, that begin­ning thus roundly, they would not against their aduerse part, and in the behalfe of the [Page 63] States quietnesse and preseruation, proceed proportionably? As the businesse now standeth, I make no question, but that in case that any one Venetian should be found to oppose against the current or streame wherein they be now caried, he should so be suncke and confounded, as neuer to see the Sunne againe.

In one point I must confesse they haue stepped further then we, (yet they may hold it to be Iustice too, that the professors of po­uertie should be forced to pouertie) Wee haue neuer vsed against any Subiects such seazures and confiscations of their goods, neither exiling of them out of their natiue Countreys, without orderly and iuridicall Trials and Conuictions. Neuerthelesse, I condemne it not, that either feare of danger maketh them sensitiue, or that apparance of danger be met withall by wise preuen­tion: but if our Gouernours should driue the wheeles of Iustice so furiously, as to pos­sesse and take from euery dangerous or suspected Subiect his whole Estate, thereby stripping and clipping him first, and then [Page 64] to send away his body to seeke his heart beyond the Seas, whither himselfe before had sent it; How clamorously, and with what horrible yellings would our Enemies cry shame and vengeance vpon vs all?

The trueth is, That there is no State or Body politique whatsoeuer, that will not in very sense of Nature seeke their best meanes against repugnant and sicknesse-breeding humours, and either to reduce them to a­mendment, if it may be, or to rid them away by eiection when that cannot bee hoped. And therefore (howsoeuer we may imbrace rather the sweete and well contenting mo­tions of mercy, for which princes are bles­sed) let vs giue leaue to the Venetians (in imitatiō of their paterne the ancient Rome) to restraine by prouisions, that such dete­cted and detested enemies of the State, as the Iesuits are, should liue amongst them, and that ad confirmandam audaciam, yea that they should there, designare oculis ad interi­tum, or beyond all this, to bring in into their very bowels a Troiane horse, with his belly full of treasons, murders, and all villa­nies, [Page 65] to be vnloden and let loose among them, for their finall ruine and confusion.

In England, for that first the graue adui­sednesse of the whole State in their great Assemblies of Parliament, is but to giue sup­port to Iustice; And next, aswell the Maie­stie of our dread Souereigne, who, to his Diademe of Dignitie, vnseparably conioy­neth the Scepter of his Iustice; as also the true Nobilitie of so wise and Honourable Counsellors, who doeth make publique Iu­stice their primum in intentione: all true hear­ted Subiects will rest indubitably satisfied of the integritie, equitie, and vprightnesse of that Gouernment. And for other car­ping reproouers, or barking slanderers, let vs obfirmare mentes, that whome we cannot content with honest reason, them we may contemne with a disdaining confidence.

Here I will end this threed, which I feare I haue drawen out in length ouer tediously: I doe craue your well accepting curtesie to dispence therewith: And I further promise you, that if you please to vouchsafe the re­turne [Page 66] of some endeuours on your part con­cerning the new arising occurrences within your discouery, you shall not faile to be plyed still in this sort with more of my loue and diligence.

THE ANSWERE OF AN ITALIAN Dor. of Diuinitie, vnto a Letter written by a friend of his, concerning the Briefs of Pope Paulus 5. his censure published against the Ʋenetians; And vpon the Nullitie thereof: Drawen out of the Holy Scriptures, the Fathers, and the Catholique Doctours. ¶ Translated out of the Italian tongue.

MOst reuerend Sir, I haue read your Letter, and doe not a little won­der, that when I was wont alwayes to receiue from you the first ad­uertisements of all occurrents (especially when there was cause to aske my opinion in them,) Now when so many matters of greatest impor­tance [Page 2] are current in your Citie, you haue bene the last man that certified mee thereof. And yet you require me to set downe my opinion vp­on these Briefs published against your Common wealth, and vpon the protestation of the nulli­tie and inualiditie of the same, made for the defence and maintenance of their reasons.

Albeit I know well the causes of this your slackenesse, and may attribute it to the difficul­tie of the matter: though I know not what scru­ple sticks most in your minde; yet I will excuse you by reason of the extraordinary businesse you alledge, and satisfie you in this as I haue beene wont to doe. And I hope to doe it with that speed which you desire, I being prepared thereunto by the exact consideration and stu­die which I haue bestowed in that matter al­readie.

I say then (if I vnderstand it aright) that your desire is, to know if the censures publisht by Pope Paulus Quintus against the Segnior of Venice, be voyde and of no force, as is de­clared in their protestations; that they being so, you may celebrate the Sacraments, and doe your Offices in your Churches, as you did before the [Page 3] publication of the said censures, without any scruple of Conscience.

To answere then plainly & in order to these your requests, I will include whatsoeuer may be said in that matter, in Eight propositions. The doctrine whereof as it shalbe far from faction, or flatterie, so shall it be founded vpon the ho­ly Scriptures, the sayings and expositions of the Fathers, and vpon the strongest force of trueth and reason, that no man but vpon peeuishnesse shall dare to contradict it.

¶ The first Proposition.

THe power that Secular Princes haue, & the Pope also (as a temporall Prince ouer the States and Pro­uinces which he possesseth) is granted vnto them im­mediatly from God with­out any exception.

For the vnderstanding and cleerenesse of this Proposition, it must be considered, that Lord­ship & seruitude wrs brought in by the Law of Nations. The command of the Prince & obe­dience of the Subiect, is by foure meanes; that is, by Election, by Inheritance, by Gift, or by right of Warre: So that all Princes which by any of these foure meanes euer haue beene, or now are placed in the Throne of Principalitie, are iust and lawfull Lords: those, I say, which haue Authoritie from God to command, to make Lawes, to exact Tribute, to Iudge, and to punish Subiects, without any exception.

The Doctrine is not mine, but the Apostle Saint Pauls in the Epistle to the Romans, Chap. 13. yea it is the holy Ghosts doctrine, which speaks [Page 5] with his mouth, and writeth with his penne, whose wordes are these, Omnis anima subdita sit potestatibus sublimioribus, nam nulla potestas, &c. Let euery soule submit it selfe to the au­thoritie of the higher powers, for there is no power but of God. Saint Chrysostome expoun­ding this place, saith, The Apostle doeth this to shewe that Christ brought not in his Lawes to ouerthrow Policie, but to giue it a better insti­tution, shewing that this is a commandement to all both Clergie and Laity, which hee decla­reth in the beginning, saying, Omnis anima pote­statibus sublimioribus subdita sit, etiamsi Apostolus, Euangelista, Propheta, aut quisquis tandem fuerit: Let euery soule be subiect to higher powers, whether he be Apostle, Euangelist, Prophet, or whosoeuer. And for all that doeth not this sub­iection subuert pietie. Whereupon in the old Lawe, although the Leuites had a high Priest that was Aaron; yet in temporall things, causes, and iudgements, they were subiect to Moyses their temporall Prince, as Couuarruuias proo­ueth, Cap. 31. quaest. prateca. Nu. 3. And in the Primitiue Church there was no difference of Tribunall or Iudgement seate: for Iustinian the Emperour was the first which at the request of the Bishop of Constantinople granted, that the Cleargie in Ciuill causes might be iudged by their owne Prelates, without preiudice not­withstanding to himselfe. In which case, and in all criminall faults he left it so that the Cler­gie [Page 6] should be subiect to the Prince and to the Ministers of the Prince temporall, as is plainely to be read Nouell. Constitu. 85.

Neither because Constantine the Great said to some Ecclesiasticall persons presented vnto him, Vos à nemine iudicari potestis, quia ad Dei iu­dicium reseruamini, as Gratian writeth, Cap. 12. quaest. 1. Can it bee gathered that they be not subiect to secular Princes? for this was an ex­cesse of that Emperor to shew himselfe towards the Church benigne and deuote. But it was not because he thought so indeed: for if he had said true, they could not be iudged by Prelates neither, the wordes being ad Dei iudicium, &c. which would be a grieuous errour.

The Clergie then as well as the Laitie (de iure diuino) are subiect to the secular Prince. Omnis anima potestatibus sublimioribus subdita sit; the reason is, that as none is excepted from the obedience he oweth to God, so hee cannot be excepted from the obedience which is due to the Prince: For as the Apostle addeth, Omnis potestas est à Deo, for which Kings and Secular Princes by the Prophet Dauid are called Gods. Deus stetit in Synagoga Deorum, in medio autem Deos dijudicat: for as King Iosaphat declareth, Lib. 2. Paralip. Cap. 19. The Secular Iudges, Non hominum, sed Dei iudicia exercent.

The same place Christ citeth in Saint Iohn, Cap. 10. and confirmeth, that the name of Gods belongeth vnto them. Si illos dixit Deos ad quos [Page 7] sermo Dei factus est, as Bellarm. learnedly noteth, Cap. 3. Lib. de Laicis.

The Apostle goeth forward and sayth, Qui potestati resistit, Dei ordinationi resistit: behold here the Authoritie that Princes haue to make Lawes vpon euery matter, which shall binde euery person according to that which is read in the Prouerbs of Salomon, where God sayth, Per me Reges regnant & legum conditores iusta decer­nunt. Hence is it, that the Christian Emperors, Iustinian and Theodosius in the Code haue made many lawes concerning Ecclesiastical persons, their goods, and gouernment, vnder the titles of Episcop. & Cler. & Sacrosanct. Ecclesiis.

To these Lawes the Apostle commandeth obedience without resistance, because they which shall make resistance, Ipsi sibi damnatio­nem acquirunt, that is, do commit mortall sinne, wherein if they die, they shall be condemned to the eternall fire of hell.

Moreouer, the Apostle commandeth to pay to the Prince Tribute of euery thing, Cui vecti­gal, vectigal; cui tributum, tributum: sunt enim mi­nistri Dei ad tributa: which place the Angelicall Doctor Thomas Aquinas master of Diuines the sonne of the Cath. schoole, sayth, That if the Cleargie be free from Tribute, they haue not that Priuiledge (as some thinke) Iure diuino, but ex priuilegio Principum, speaking there of Secu­lar Princes.

Finally, I conclude with Saint Paul for the [Page 8] authoritie of the Prince, Non enim sine causa gladium portat, Dei enim minister ad vindictam: behold the authoritie of the Secular Prince, Punire poena sanguinis, which the Ecclesiasticall Prelats not hauing, (after they haue disgraded malefactors of the Clergie, and declared them vnfit for Ecclesiasticall degree) they can goe no further, but to haue them punisht by death, de­liuer them to the Secular power. And that no man should thinke, that his words were words of counsell and not of precept; to make all sure the Apostle affirmeth, Ideo necessitate subditi estote non solùm propter iram, sed etiam propter con­scientiam: So that wee are bound in conscience to obey the Secular Prince in all things aboue­said, as we are taught by S. Paul.

¶The second Proposition.

OVr Sauiour Christ, although as the Sonne of God equall to the Father, is Rex Regum & Dominus Dominantium: Notwithstanding beeing clothed with our mortalitie, neither before his death, nor after his most holy Re­surrection did hee exercise power as a tempo­rall Prince. Hee had no temporall kingdome, as he said to Pilat, asking him, Rexestu? he an­swered, Tu dicis: but though I be a King, not­withstanding Regnum meum non est de hoc Mun­do, that is, a Kingdome temporall. Wherupon when those people which were miraculously [Page 9] fedde by him with fiue loaues and two fishes, would haue made him a King, aufugit, ne rape­rent eum, & facerent ipsum regem. Hee would iudge no man, for he answered to those which would haue had him giuen sentence in one of their controuersies, Quis me constituit iudicem super vos? yea hee acknowledged Pilate the mi­nister of Caesar for his iudge: Non haberes in me potestatem nisi tibi data esset desuper, as S. Thomas noteth in the Epistle to the Romanes. Finally, he commanded that tribute should bee paide to the secular Prince Caesar. Reddite quae sunt Cae­saris Caesari.

Some do oppose to this proposition of ours, saying, though Christ paied tribute to Caesar for himselfe and Peter, yet he said, that he was not bound to pay it, Nunquid filij debent soluere tri­butum? wherein (say they) he tooke vpon him the right of a temporall Prince, who is exempt from tribute. To this is answered, that those of the Countrey (as some Doctors say) called by the name of Children, were not bound to pay tribute, and he being of the Countrey, and S. Peter also, he affirmed that he was not bound.

Others to further contradict this propositi­on, doe alleadge, that Christ did cast out the buyers and sellers of the Temple. Which is answered, that hee did this as a Prophet vpon zeale: for to the like purpose the Euangelist ci­teth the verse of Dauid, Zelus domus tuae come­dit me. Others say, that when he sent his Disci­ples [Page 10] to bring him the Asse and the Colt, he ap­pointed them to say to the master, Dominus opus habet, that is, The Lord of all the world. But that place is not vnderstoode to drawe from thence the authoritie of a Prince, but to signi­fie that the Lord of heauen and earth was so poore, that he was faine to borrow those Cat­tell (as some Doctors doe expound it) the rea­son is, for that if hee would haue taken vpon him the Authoritie of a Prince, he would not haue said, Opus habet, but Dominus ita praecipit, or some other such like.

To conclude, they which iudge this propo­sition of ours hard to bee prooued, doe say ge­nerally that Christ (when hee entred trium­phantly into Ierusalem, the day of the Palmes) tooke vpon him the Authoritie of a tempo­rall Prince: Whereupon the Euangelist alled­geth the prophecie, Ecce Rex tuus venit tibi se­dens super asinam & super pullum filium asinae: but hee that considereth the matter, may perceiue that albeit our Sauiour was the promised King and Messias, yet entring into Ierusalem in that base and abiect sort, he shewed not to take vp­on him the Authoritie of a Prince temporall, but rather as hee said to Pilate, that his King­dome was not of this world, but spirituall and eternall: for temporall Kings enter into the Ci­ties of their Kingdomes in an other maner of Pompe, then Christ did sitting vpon an Asse and an Asses Colt.

¶The third Proposition.

OVr Lord Iesus Christ hauing neuer vsed the Authoritie of a temporall Prince, it may not be said that hee left this Authoritie to S. Peter and his successors, which are his Vicars, seeing the Vicar is neuer more then his princi­pall. Wherupon Soto treating vpon this point, lib. 4. Sententiarum, and Cardinall Bellarmine de Autoritate Papae, say, that they wonder at the Canonists, that they durst without any reason or authoritie of the New Testament, affirme Quod Papa sit Dominus totius orbis directè in tem­poralibus: A doctrine indeede ill founded and scandalous. I know well that some besides the Canons (which as humane Lawes in concur­rencie with the Diuine can haue no equall Au­thoritie) doe say that Tho. Aquinas lib. de Regi­mine Principum, Cap. 10. & 19. affirmeth the Pope to bee Dominus totius Orbis in temporalibus & inspiritualibus. But that Booke is not his, as Cardinal Bellarmine sheweth, li. de potestate Papae: For besides other assured coniectures, this is one, That in that Booke lib. 3. cap. 20. he makes mention of the Succession of Adolphus the Em­perour after Rodulphus, and of Albertus after A­dolphus, which were, the first Anno 1292. The second 1299. And Tho. Aquinas died Anno 1274.

They cite moreouer an other place of Thom. [Page 12] Aqui. lib. 2. sent. distin. 44. where he saith, Esse in summo pontifice apicem vtrius (que) potestatis, Tempora­lis & Spiritualis: But he that reads the Text may see that Thomas was of a contray opiniō: for ha­uing said that in matters Temporall, the Tem­porall Prince ought rather to be obeyed then the Spirituall, and in matters meerely Spiritual, rather the Spirituall then the Temporall; hee concludes, that if it were not the Pope, who ha­uing in the Prouinces subiect vnto him both Iurisdictions, hee ought of his subiects to bee equally obeyed in the one and the other.

To weaken the force of this our Proposition, some say that Pope Alexander 6. diuided the Indies to the Kings of Spaine and of Portugale: Because hee as Christs Vicar was the naturall Temporall Prince therof, and that Pope Leo 3. gaue the Empire of the West to Charles the great by the same reason: But these men are ve­ry much deceiued, sith Alexander not as Lord of the Indies, but as Compromissary Iudge ele­cted betwixt the Kings to appease and quench the flames of Discord, by sentence determined that the seas should be diuided, and that the Ar­madoes of the one should passe through one of those seas, and the other through the other, and that whatsoeuer was gotten or cōquered on ei­ther side Iure belli, should be the Conquerers, ac­cording to the diuision made by him, as the Hi­storians of that time report.

Tis true that Leo 3. being chased from the [Page 13] See of Rome, and reestablished by Charles the great, caused the people to proclaime him Em­perour, as Platin saith: which act the Historians doe attribute to the people of Rome, who seeing the Empire euill gouerned by the Grecians Iure antiquo, did elect an other Emperour. Now they say that Charles being Patron of the State, bought the title thereof of Irene and Nice­phorus that were Emperours, and that Irene & Nicephorus were content therewith. In summe, be it as it will, it is certaine that the Pope being driuen from his seat, and being possessour of no­thing, gaue no Empire to Charles, who already Iure belli was Patron thereof. And that he gaue him the absolute title thereof, it is not a thing certaine: and if it were, yet it may bee answered (aswell in this case as in others alledged against our Propositiō) that the Pope not hauing from Christ any authority in Temporall things, (as hath beene, and shalbe said more cleerely in the next Proposition) if hee haue taken to him any such authoritie, or hath done it by consent of the interessed, or for that hee hath any Tem­porall power by any of the foure meanes afore­sayd: yet for all this, hence it is not proued that he hath direct authoritie in Temporall things from our Sauiour Christ. And besides, many things are done by many men, whereof if it be sought Quo iure they doe them, it will not easi­ly be found.

¶The fourth Proposition.

THe authoritie promised by Christ to Saint Peter vnder the Metaphor of the Keyes, is meerely Spirituall. Tibi dabo claues Regni Coelo­rum: hee saith not Regni terrarum: and reason teacheth that which is read in the Hymne of the Church, Non Eripit mortalia, quia regna dat Coelestia: for the Temporall kingdome, and the Monarchie was founded from the beginning, (by God the great Monarch of the world,) in what sort that should bee gouerned. So that Christ our Sauiour did not found the Monar­chie Temporall. It remayneth then to say that hee founded the Spirituall, which is plainely seene in Saint Ioh. cap. 20. where he hauing said, Omnis potestas data est mihi in Coelo, & in terra: yet giueth hee it to the Apostles, and amongst them to Saint Peter limited and with reseruation. In­sufflauit in eos & dixit, Accipite Spiritum Sanctum: quorum remiseritis peccata remittuntur ijs, & quo­rum retinueritis retenta sunt: where both by the act that Christ doth, & by the words he speakes is gathered, that the authority of the Pope is Spirituall, and ouer sinne, and only ouer soules, according to the wordes of that prayer of the Church to Saint Peter, Qui beato Petro potesta­tem animas ligandi atque soluendi tradidisti: the which is limited, as is said, yea the authoritie of Excommunication giuen to Saint Peter is con­ditionall, [Page 15] Math. 18. Si frater tuus in te peccauerit, & Ecclesiam non audiuerit, sit tibi sicut Ethnicus & Publicanus. In the which place our Sauiour gi­ueth authoritie to Excommunicate, but the sinne, and obstinacie in the sinne presupposed.

¶The fift Proposition.

THe persons and goods of the Cleargie ex­empted from the power of the Secular Prince, albeit some (I know not vpon what ground) hold that it is done Iure Diuino: Not­withstanding the contrary opinion (that it is onely Iure humano) is the better, and more con­formable to the Diuine Scripture, to the holy fathers, and to the trueth of Histories. For (be­sides that which we haue said in the first Pro­position, that Priests in the old Law were sub­iect to the Secular Prince, besides that Solomon depriued Abiathar of the Office of high Priest amongst the Hebrewes, as is read in the 3. Booke of the Kings Cap. 2.) in the time of the Primi­tiue Church vntill the time of Iustinian the Em­perour, it is not read in the Law, of any priui­ledge of exemptio giuen to the Cleargie. S. Paul said, Ad tribunal Caesaris sio, Caesarem appello. And to leaue infinit other examples, It is read in the life of Otho the first Christian Emperour, That he deposed Pope Iohn 22. by his owne authori­tie, because he was a most wicked man. And if the exemptiō be iure diuino, why would Pope [Page 16] Adrian the first graunt, That Charles the great should haue auctoritie to chuse the Bishop of Rome. Cap. Adrianus &c. which also Leo 8. did in fauour of Otho the first, as is written in the same Distinction which is the 63. Canon in Synodo.

This doctrine is not only of S. Paul as I haue proued in the first Proposition, but of S Chryso­stome, Tho. Aqui. Soto that excellent Diuine. Di­stinct. 25. Lib. 4. Senten. of Corrunias an excellent Canonist. Cap. 31. Pract. quest. who for his owne behoofe citeth Pope Innocentius 3. Alciat. Fer­rarese Medina, and others. And these two do­ctors Soto and Corrunias in this particular are much to bee esteemed, hauing both of them written since the Councell of Trent. And their demonstrations are of exceeding efficacie: For besides the Authoritie affirmatiue of S. Paul, Chrysostome and Thomas; and besides the vsance of the Primatiue Church, they bring two most forceable negatiue Arguments, that is, 1. If the Clergie, and that which belongs vnto them be exempted Iure Diuino; In what booke of the New or old Testament, Or in what Epistle of S. Paul, or in what Gospel are they exempted? 2. The other is, that no Christian Prince Se­cular, looking well to the quiet and good go­uernment of his State, regards this at all, but lets the Clergie enioy what exemptions hee pleaseth, and what he pleaseth not, he suffereth them not to enioy.

¶The sixt Proposition.

WHilst the Prince of Venice (lawfull and naturall Lord of his State, who ac­knowledgeth no superiour in Temporal things but God) maketh Lawes concerning goods and possessions Ecclesiasticall, which are vnder his dominion, and punisheth Ecclesiasticall per­sons, in grieuous and haynous cases, & doth dis­pose of such goods, as are not already passed to Ecclesiasticall persons by the Authoritie which he hath immediatly from God, wherof he hath neuer beene bereaued, either by Priuiledge granted away, or by Canon receiued, but is in possession thereof by an immemorable custome of many, not yeeres, but ages, He sinneth not in so doing. The reason is, for that Qui non fa­cit contra aliquam Legem non peccat, Much lesse can it be said, That he sinnes Qui obseruat Le­gem. And moreouer, Qui retinet quod suum est non peccat. Neither are wee to be forced to fol­low the opinion of them which hold, That the exemption is De iure Diuino: for euery Christi­an is free to follow what opinion he pleaseth, so it be a Catholique opinion. Nay rather to follow the opinion of a Doctour grounded vp­on reason, against a torrent and forced opiniō, doubtlesse, is not sinne; As Nauarra well proo­ueth in his Praeludia. Then shall it be no sinne to follow the opinion of S. Paul, and of so many, [Page 18] and so famous Doctors, alleadged in the first, and the fift Propositions. Nay to say true, I cannot excuse them which hold that the Ex­emption is Iure Diuino, they seeming vnto mee sometimes ill grounded, sometimes ill aduised, sometimes too bolde, sometimes too flatte­ring.

¶The seuenth Proposition.

WHilest the Segniorie of Venice is not cul­pable, nor commits any sinne in doing that which is spoken of in the precedent Pro­position, if it be excommunicated by Pope Pau­lus Quintus his Briefe published, & if the Chur­ches and holy places be thereupon interdicted: the Sentence is of no force, not only by the law positiue, because the order prescribed by the Canon, De sent. Excom. 6. is not obserued; but also Iure diuino it auayleth not, because the au­thoritie of Excommunicating is conditionate, Si peccauerit in te frater, &c. so that where there is no sinne, Excommunication hath no place; and a Sentence fulminated against him that sinnes not, is no Sentence for defect in the matter.

Neither let any man be so grosse of vnder­standing to thinke, that if the Segniorie (as is proued) hath not offended, neither doth offend in retinendo quod suum est, that it doeth neuer­thelesse offend in not obeying the Pope, and [Page 19] persisting in their opinion. For constancie in a good opinion is not obstinacie: and he that of­fends not, cannot bee termed disobedient and obstinate, sith hee which obserueth the Law, doth a holy an meritorious worke, and he that obeyes not in those things which cannot bee commanded him to doe, commits no sinne at all.

¶The eight Proposition.

IT is true that Pope Gregory sayth, that the sen­tence of the Pastor, be it iust or vniust, is to be feared: but this sentence makes nothing to the matter. For there is great difference betwixt the sentence of an Ecclesiasticall Iudge which is vniust, and that which is no sentence at all, as most learnedly affirmeth Nauarra de Censuris Ecclesiasticis, Cap. 27. & Soto 4. Sentent. dist. 22. That the vniust censure is to be feared, but the censure that is no censure is not to be regarded, therefore the Censures published by Pope Pau­lus Quintus as is said, being none at all, but like Scrowles formed in the Water and the Aire, that is without foundation, substance or mat­ter; I am of opinion, that you ought not to obserue them, neither that you ought to inno­uate any thing in your Churches therefore. For although Nauarra in that place recited, reasoning vpon Excommunication forcelesse and nought, saith these wordes: Sententia Iudi­cis [Page 20] Eccleciastici inualida seu nulla, nihil aliud opera­tur in fore interiori siue exteriori, quàm quod obligat Execmmunicatum ad seruandam eam quoad populus sibi persuadeat vel persuadere debeat causas nullitatis propter scandalum. Notwithstanding this do­ctrine makes much for me: for the cause of the nullitie is apparant to all the people of Venice, & if it were not manifest to all, yet all must needs know it by the Edict which the Prince hath made to let euery man vnderstand it: so that the scandall is not onely not to be feared, but I say vnto you, that I cannot excuse certaine Religi­ous persons, who whether their error breeds of ignorance, or of some sinister affect, haue made choise rather to depart from the Citie, then to goe forward to celebrate and Minister the Sa­craments as they were ordained to doe by the Prince, both for the good of the Common­wealth and the Religion. Nam ipsi sibi fuerunt lex, and would not follow the example of the Cathedrall Church, and of all other holy and auncient orders of Religious, nor of all the pa­rishes, vnto whom I will say with Christ, Quòd expediret vt suspenderentur molae asinariae in colla eorum, vt non scandalizarent pusillos meos Besides, to defende the libertie of the naturall Prince, who maintaines and conserues amongst the people peace, libertie, and Religion, is a thing de iure Naturae, that is as much to say, as Iure di­uino, whereas sentences Ecclesiasticall are de iu­re positiuo, which must yeeld vnto the other, es­pecially [Page 21] when there is question of the Nullitie of them, whereupon some doe deceiue them­selues which thinke that this controuersie is a­bout matter of faith, sith it is onely about ma­ners.

So that Sir, you may go forward to celebrate and communicate, and to doe whatsoeuer you did in your Church before the publicatiō of the Censures, not only because you write to me to be resolued to do it, but also to auoyd the scan­dale; both because a sentence of no force is not to be obserued cùm constat de nullitate, and also that you doe not separate your selfe from your head (which is the Prince) in controuersies of Iurisdiction which haue no ground of Reason.

Nay I am of opinion, that he which shall not heare Masse at least vpon the holy-day, shall commit sin, their Sentence being of no force, and it being celebrated in all places. Nolite ag­noscere timorem vbi timor non est, nolite trepidare, &c. Let it not be said of you which haue beene alwayes faithfull to your Prince and to the Commonwealth, that Filij matris meae pugnaue­runt contra me: but, obey the Apostles precept, Omnis anima potestatibus sublimioribus subdita sit, non solùm propter iram, sed propter conscientiam. This I say not, because I doubt of your con­stancie (perswaded as I am of your selfe and all others of that City, that you are most ready to spend your liues for your Prince) but because the iustice of the cause which is manifest vnto [Page 22] you, may be much more apparant by this my answere.

For a Conclusion let mee aduertise you, that although the Segniorie of Venice, haue ordai­ned vpon paine of life, that all the Religious keepe open their Churches, and proceed to doe their dueties as they did before, yet haue they not done that for feare: But because that Citie hauing bin alwaies Catholike (and now more then euer professeth to conserue it selfe so,) it will not suffer that in the exercises of pietie there should bee any change, or that the inter­mission thereof should be occasion of precipita­on vnto any; which euill the Prince is bound by all meanes to remedy, by the Law of God, for the interest of the Church.

Many other authorities and reasons I could haue adduced in this discourse, which would haue made for me: But for the haste you haue made me make, and for the desire I haue to vse breuitie, I leaue them all, reseruing my selfe to write of this matter at large in a booke Of the Supreame authoritie of a secular Prince, which shortly I will set forth in the Latine tongue. In the meane time let me put you in mind that you read the doctrine of that most sound Doctor Nauarr: who in all that is said before is of our side, as in particular Cap. Nouit. de iudicijs Notab. 3. and in his Manuel Cap. 27. de Censuris. And to omit other particularities, that you retyre your selfe to that most secure Port of that no­table [Page 23] doctrine, which teacheth that all Ecclesi­asticall persons, if they enioy any exemptions, they enioy them not de Iure diuino, sed ex priui­legio principum. Which Priuiledges do retract, diminish, and enlarge as pleaseth them, when new reasons present themselues vnto them, to doe it to the profit of the Dominions subiect vnto them, euen as Popes doe with the Priui­ledges of Indulgences, and other things depen­ding vpon their Spirituall authority, the which they sometimes annihilate, sometimes dimi­nish, somtimes increase at their pleasure. And because the doctrine which I haue produced, is not mine, but all drawen out of the bookes of deuote and Catholique Doctors; I wil adde no more now for the confirmation thereof. Our Lord IESVS giue you Consolation.

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