Vnto this may be added another matter, which is, That the Clergy neuer alienating of any thing, but with their great aduantage and benefit, and the Churches, being perpetuall; if they alwayes purchaſed, and the Seculars impoueriſhed; it muſt neceſſarily in the end come to paſſe, that all the wealth would reſt in the Clergies hands, and all Nobilitie and Ciuilitie would haue beene vtterly extinguiſhed, the world being reduced to theſe two ranks of men, Eccleſiaſticall and Peaſants.

To preuent therefore ſo grieuous and notable an inconuenience, the Common-wealth ordeined, the yeere 1333, that there ſhould not be giuen or bequeathed to the Churches, the perpetuitie of any thing ſtable within the Citie and Dukedome of Venice; and yet if that any ſuch bequeathment were made, after a certeine time, it ſhould be ſold, and the price thereof to remaine to the Church. The which law was obſerued diuerſly, til the yere 1536, when it was eſtabliſhed after this maner: That none might leaue any thing ſtable to the Church for aboue the tearme of two yeres; during which time it was to be ſold; and this not being performed by Eccleſiaſticks themſelues, a Magiſtrate ſhould be appointed to execute the ſame. And from the foreſayd lawes, at diuers times, ſo great both publike and priuate good hath enſued, that ſome other ſubiect Cities, euen out of their municipall conſtitutions, decreed the ſame, partly of olde, and partly in theſe our dayes. Which things, when the Senate had well pondered, to reduce their whole State to an vniformitie, and to preuent the diminution of ſecular ſubſtance, in the yeere 1605 they promulged a Law which was ordeined for the Citie of Venice, and together extended it ſelfe to the whole State; adding furthermore, That no man in the Citie of Venice, or thorow the whole State, might vnder any colour whatſoeuer, ſell, giue, or by any other meanes alienate to an Eccleſiaſticall perſon, any thing ſtable, without licence of the Senate, to be granted them after the ſame maner and forme as was vſually granted in the alienations of goods publike, and that euery alienation otherwiſe performed, ſhould be fruſtrate, and the ſtable confiſcated, with a penaltie ſet vpon the Notaries.

For which conſiderations, three yeeres before, 1602, to moderate the ſuperabundant purchaſe of the Clergie, who vnder pretext of their direct title in ſome things of theirs poſſeſſed by the Laitie, went about euery day to appropriate the ſame to themſelues, ſuing ſometimes one, and then another of the poſſeſſors, Enfiteuſi newly planted or engrafted. and impoſing the tearme of Enfiteuſi vpon all their Leaſes and Perpetuities; and by this meanes pretending dayly a right in all ſales, that either the poſſeſſors were decayed,When direct heire failed, to one but collaterally allied. or that the goods could not deſcend to euery kinde of heire; to the great preiudice of the ſubiects, who were entangled and moleſted in continuall brabbles and ſutes: vpon occaſion of a certeine controuerſie mooued by the Monks of Pragia, the Senate decreed, that Churches might not appropriate to themſelues goods poſſeſſed by the Laity, per praelationem lineae, cum ſolidatione vtilis, their direct right and freehold ſtill reſerued. The which was enacted, conſidering the vſe of this cuſtome, for more than two hundred yeeres, and innumerable iudgements conformable thereto denounced, to take away all occaſion of controuerſie and ſtrife, and to ſet downe a written forme for the Iudges vpon all occurrents to proſecute.

Theſe Lawes, ordinances, and adminiſtrations of iuſtice had beene very well diſcerned, knowen, and obſerued by the former Popes, as well by the continuall informations they haue from the Clergie of this State, as further; by thoſe particularities which they dayly receiued from their Noncioes reſident in this Citie; whereas alſo, many Popes haue had full notice and knowledge thereof by themſelues; ſome becauſe they were borne and brought vp in this State, others by hauing liued a priuate life in the ſame, diſcharging there the office of Confeſſors for many yeeres; ſome the office of Inquiſitors, and others hauing beene Biſhops of ſome cities. So that euery Pope hath by ſome meanes had knowledge of the equitie and iuſtice of the Venecian lawes, and of the arreſts of their Magiſtrates; whereby we may ſuppoſe, that they neuer hauing reclaimed any of them, they haue ſecretly in a maner approued of the ſame. Iudgements and arreſts haue euer beene executed vpon Eccleſiaſticall perſons, and in times paſt more often than of late dayes; and the ordinances or lawes aboue written, omitting more ancient Records, haue beene adminiſtred aboue this three hundred yeeres, although now of very late time ſome of them haue been newly confirmed; others more largely extended; and others of vnwritten (which notwithſtanding were obſerued) made written lawes; and finally, are ſo expreſſed and diuulged. Of which, one of the yere 1602, and another of 1603, were peruſed by Pope Clement the Eighth, a moſt zealous and vigilant Paſtor, and yet they could not giue ſatisfaction to this Paul the Fift, who thought good, in the beginning of his Papacie, to examine the Lawes and Statutes of the Common-wealth.

But in the end of October laſt paſt, in an ordinarie audience, he complained to the Ambaſſador of this Common-wealth, becauſe in ſede vacante they had made a law, which prohibiteth the Clergie to purchaſe any thing ſtable; he further vrging, that though it were inſtituted in the vertue and force of another former, yet that the Canon lawes, both the olde and new, were inualidious; for which cauſe it was his abſolute pleaſure it ſhould be diſanulled, enioyning the Ambaſſador to certifie the Common-wealth of this his will and pleaſure.

Who performing as much, and hauing receiued order from the Senate, that he ſhould lay open to the Pope the equitie, iuſtice and reaſons of that law, and of the prerogatiue which the Common-wealth had for the making of ſuch ordinances; the Pope •• auing ſtill to his former deliberation, ſayd openly, he was content to heare them for their owne ſatisfaction onely, and not to conſider any further of thoſe their allegations; and ſo concluded, that vpon this point an hortatorie Breue ſhould be directed vnto Venice, ſhewing an Excommunication, which he cauſed to be publiſhed againſt another City; intimating, how that in ſuch like cauſes he looked not for anſwers or allegation of reaſons, but for a ſpeedy and ready obedience. And he moreouer mooued another complaint for the retention (ſome few moneths before) of a Canon of Vicenza, and of the Abbat of Nerueſa, alleging how it was his pleaſure, that they ſhould be put ouer to the Eccleſiaſticall Court, and that though the Common-wealth were priuiledged to iudge Clergie men, yet this did not extend to ſuch maner of perſons, nor to ſuch kinde of offences, for which the two aboue named were impriſoned. And heere I thinke it needfull to digreſſe a little, for a declaration of the true cauſe why theſe delinquents were committed to priſon. Brandolino Valdemarino, Abbat of Nerueſa, was accuſed and complained of for vſing many tyrannicall courſes vpon the goods and wiues of certeine men that inhabited in the townes neere about him; that he had killed diuers perſons with poiſon, and amongſt theſe, one religious Prieſt, which was his Curate domeſticall; that he had giuen poiſon to his father and a brother; that he had cauſed diuers men to be ſlaine; that he had continuall and dayly carnall conuerſation with his naturall ſiſter; that hee had vſed many magicall and wicked practiſes to compaſſe his diſhoneſt purpoſes, and for other ends, which can not without horror be more particularly expreſſed; as appeareth in the denunciations and complaints made by diuers perſons againſt him. And Scipio Saracino, a Canon of Vicenza, was accuſed for hauing contemptuouſly broken vp the publike ſeales of the Rectors of Vicenza, ſet vpon the Biſhops Chancerie, ſede vacante, for the cuſtodie and ſecuritie of the Euidences and Writings of the Biſhopricke, at the inſtance and requeſt of the Chancellour of the ſame; and moreouer, that he had inſolently caried himſelfe towards a gentlewoman, a widow, of the principalleſt family in all Vincenza, his kinſwoman, by defiling her gate and houſe, after he had a long time, by vndecent meanes, attempted her chaſtitie to the publike ſcandall; for he forbare not to put in practiſe his luxurious diſleignes, euen within the Churches.

But to returne to the Pope, his H. in diuers meetings with the Ambaſſadour, perſwaded the Common-wealth to lay aſide all their reaſons, and abſolutely to obey him; and after ſome dayes he renewed freſh complaints againſt the law aboue written, which prohibited the building of Churches without licence: and at laſt, he reſolutely came to this point, That he would haue the foreſayd two Lawes reuoked, and the two priſoners deliuered to his Nontio then reſident in Venice: wherefore on the tenth of December drawing two Breues, one vpon the two lawes, and another vpon ſentence giuen on theſe two Eccleſiaſticks, he enioyned his Nontio to preſent them. But the Nontio (moued thereunto peraduenture) becauſe the Senate at that time had choſen an Ambaſſadour extraordinarie, to aſſay all milde and poſſible meanes to remoue his holineſſe from this reſolution, which he had vndertaken, before well vnderſtanding of the cauſe; and to induce him, firſt to be better informed, before he proceeded to any other execution; but he deferred the preſentation of the Breue, this being a thing not well approued of by the Pope: ſo that with all expedition he ſent him commandement to preſent them immediatly. Wherefore on the day of the Natiuitie of our Lord, when Duke Grimanni was euen yeelding vp his ſoule into Gods hands, and that the Signorie with the Senatours were aſſembled, of whom, ſome had alreadie receiued the holy Sacrament of the Euchariſt, others were to receiue it, he requeſted audience, and preſented the two Breues ſealed, which were not then opened, by reaſon of the Dukes death, which hapned the day following, while after election made of a new. They being at laſt both opened, they both appeared to be of the ſelfeſame tenor, and implied thus much: How it was giuen him to vnderſtand, that the Common-wealth in her decrees had conſtituted many things againſt the libertie Eccleſiaſticall and the authoritie of the See Apoſtolike; and that particularly ſhe had extended thorowout her whole dominion certeine lawes, which concerned only the City of Venice, which prohibited the building of Churches, Monaſteries, and Religious places; and another which forbad the alienation of Lay mens goods to Eccleſiaſticall perſons, without the Senates licence. All which things, as being contrarie to the Eccleſiaſticall libertie, he declared as inualidious, and he that inſtituted them had incurred Eccleſiaſticall cenſure, commanding vnder paine, latae ſententiae, that they might be reuoked and cancelled, threatning, if he were not herein obeyed, to proceed further.

Whereunto the Senate, about the eight and twentieth of Ianurie, made anſwer, That they had with griefe and much woonder vnderſtood by his H. letters, that thoſe lawes, which through ſo many ages had ſo happily beene executed by the Common-wealth, and which by no one of his predeceſſors were euer reprehended, and which to repeale, would be a turning topſie-turuie of the foundation of their gouernment, were now found fault withall, as being contrary to the authoritie of the See Apoſtolike; and ſo they which inſtituted them, being men of ſingular pietie, and that deſerued well of the See Apoſtolike, which are in heauen, come herein to be taxed for Violaters of the Eccleſiaſticall libertie; that they had, according to his H. admonition, examined the lawes, both olde and new, finding nothing in them which might not be decreed by the authoritie of a ſupreame Prince: and touching ſome particulars of their allegations and reaſons, they concluded how in their opinion they had incurred no cenſures; and that his H. repleniſhed with religion and pietie, would not without well vnderſtanding of the cauſe, perſeuere in his comminations and threatnings.

And heere it is firſt required, that we proceed a little further, and declare what the obiections are which he makes againſt the two lawes aboue-written, how eaſilie and readilie they may be anſwered; and together, what is the reaſon, iuſtice and equitie of theſe lawes, and how lawfull the power of the Common-wealth is to inſtitute them.

The Pope obiecteth againſt both theſe lawes together, That they are ſedis Apoſtolicae auctoritati, & eccleſiaſticae libertati immunitati que contrariae, tum generalibus Concilijs, & ſacris Canonibus, necnon Romanorum Pontificum conſtitutionibus repugnantes; wherefore, aboue all other things, it will be very fit, that we vnderſtand what this Eccleſiaſticall libertie is, and from whence it tooke the originall; ſeeing it is moſt certaine, that this name is but new, and for twelue ages neuer ſo much as heard of in the Church. The holy Apoſtle S. Paul makes mention of a Chriſtian libertie, in his Epiſtles to the Romans and Galathians, at full, ſhewing therein, That by the ſinne of our firſt father we were all made ſeruants vnto ſinne, from which ſeruitude Chriſt our Lord hath freed vs, we being redeemed by his blood; and therfore he ſaith: Cùm ſerui eſſetis peccati liberi fuiſtis iuſtitiae, nunc verò liberati a peccato, Rom. 6. ſerui autem facti Deo, habetis fructum quidem ſanctificationem, finem verò vitam aeternam. And to the Galathians he propoundeth another ſeruitude to the ceremonies of the Law of Moyſes, from which in like maner Chriſt hath freed vs, when he ſaith:Gal. 4. Nunc fratres, non ſumus ancillae filij, ſed liberae, qua libertate Chriſtus nos liberauit. This ſo great grace of libertie was giuen to no others, but to euery one of Chriſtes faithfull, and generally to the body of the Church. Wherefore ſome of the ancient Saints, called it the libertie of the Church, and none oppoſe themſelues againſt this, except the miniſter of the diuell, and the partakers of hell; and there is no doubt, but whoſoeuer in the leaſt tittle, went about to derogate from theſe lawes, but that he ſhould be an alien from the holie Catholike Church. But of this libertie we ſpeake not at this preſent, ſeeing that the famous and authenticke name of Church, which anciently was common vnto all the faithfull, as well Clergie as Laietie, ſeemes now to be reſtrained for the moſt part, to ſignifie the Clergy only. Whereupon libertie hath beene granted to it, ſeparate from the former, of which, as it appeares, Honorius the Third was the firſt that made mention therof, about the yere 1220: but what the ſame Honorius vnderſtood by Eccleſiaſtical liberty, and the Emperour Fredericke the Second, who in the ſame time, and at the inſtance of the ſame Pope nameth it ſo, neither they themſelues expreſſe, nor is it yet well decided amongſt the Canoniſts: for in all the Canon Law we finde it not determined, neither be theſe things expreſſed which are comprehended vnder the ſame; as alſo there is no rule ſet downe, how to iudge of them: for the which cauſe, when diſputation groweth vpon any point, they do not agree vpon it, what is againſt Eccleſiaſticall libertie. Libertie is defined by the Ciuilians to be a certaine naturall facultie, of performing what one will, as farre as the lawes permit. Some thinke, that this facultie in the Clergie, to doe what they liſt conformable to the lawes, ſhould be the libertie of the Church; ſo that by this meanes, and in that ſenſe, the ſame which is abſolute libertie in the Laie-man, in him of the Clergie it is libertie Eccleſiaſticall, and it conſiſteth in enioiing that facultie, which common lawes affoord euerie one. It ſeemes this is the meaning of that chap. Eos qui: De imm. Eccl. in 6. where it is ſaid; that if any man forbid the baking of bread, the grinding of corne, or ſuch like ſeruices to be done to the Clergie, this would be preſumed to be done in derogation to the Eccleſiaſticall libertie: Others are not of this opinion, but vnder this title, they comprehend thoſe things which onely concurre with the Clergie, by reaſon of priuiledges granted vnto them by God, or by the Pope in things ſpirituall, and in thoſe temporall by Princes; ſo as by this meanes it ſignifieth no other but a priuiledge of exemption granted to the vniuerſall Church, as well in things temporall a, Spirituall.

An other opinion there is, which comprehendeth theſe two in one: Some call Eccleſiaſticall libertie, whatſoeuer hath beene done in fauour of the Clergie, and they ſay thoſe Statutes are made againſt it, which make the Clergie more feareful, and the Laiety more inſolent, the which is Bartoloes definition,Authen. caſſa, C. ſac. ſanct. Eccl. and it appeares to be moſt applied to the exaltation of Eccleſiaſticall order.

Now it is fit we declare, that in which ſoeuer of theſe ſenſes you take theſe words, Eccleſiaſticall libertie, the ordinances of the Venetians Common-wealth, together with the condemnation, and impriſonment of Eccleſiaſticall perſons, infringe no libertie; and withall, we will reſolue ſuch obiections as are particularly made againſt any of thoſe lawes.

The Pope alleadgeth no other ſpeciall reaſon why the law of prohibition to build Churches, is offenſiue, but onely becauſe it was inſtituted; for ſo be the formall words of his Breue: Quaſi Eccleſiae, & Eccl • ſiaſticae perſonae temporali vestrae iuriſdictioni ſubiectae aliquo modo eſſent, vel qui ea ratione in veſtris ditionibus Eccleſias, & alia pia ac religioſa loca extruerent, tanquam in aliquo ſcelere deprehenſi mulctandi viderentur.

Neither in like manner, doth he alledge any other reaſon to prooue his intention, that the prohibiting of the Laietie not to bequeath or giue in perpetuall, & not to alienate any thing ſtable to the Clergie, is againſt the libertie Eccleſiaſticall, but that it ſeemes it is grounded vpon a certaine vſurped iuriſdiction, which the Secular power hath ouer Eccleſiaſticall goods; and theſe be his words: Perinde ac ſi temporalibus dominis liceret in Eccleſiastica bona, quae Ecclesijs, Eccleſiaſticiſ que perſonis, & alijs locis pijs, à teſtatoribus, & caeteris Chriſti fidelibus, pro remedio peccatorum, & exoneratione conſcientiae plerun que relinquuntur, aut alio modo conferuntur, ius aliquod exercere.

But firſt of all, any one that ſhall but diligently conſider, will of himſelfe conceiue, that to make a law which prohibiteth euery body, as well Eccleſiaſticall as Laie, to build no Churches without licence, is not (as the Pope obiecteth) to exerciſe a power ouer the Church; but rather ouer the ground, floare, or ſuperficiall part, where one may build; which no man can denie to be purely and meerely ſecular. No priuate man that ſhould forbid an Eccleſiaſticall perſon to build a Church vpon his ground, could be ſaid to ordaine any thing againſt the Church, or any Eccleſiaſticall perſon; but that he may diſpoſe of his owne ground at his pleaſure, and forbid the vſe of a thing, which he is not bound by the law to permit or graunt. That which may be built, is not called a Church; but that which is readie dedicated: euerie priuate man hath power ouer his owne freehold, and the Prince hath a greater power ouer all the ground and free-holds of his dominion. Wherefore as it would be iniuſtice to build a Church vpon any priuate mans ground without his permiſſion; no leſſe an iniuſtice it were to do as much in what place ſoeuer belonging to a Prince, contrary to his prohibition: In neither of theſe conſtructions is the libertie Eccleſiaſticall infringed: not in the former caſe; becauſe no man hath libertie to vſe that of an other mans, againſt the owners will: and in the ſecond in like maner; becauſe God the vniuerſall Lord of all things, giuing libertie to the Miniſters of the Church to build Temples, he doth not in this take away priuate power and dominion, nor yet the Princes empire and prerogatiue ouer the ſoile; neither did the Pope otherwiſe at any time, nor he cannot diſpoſe of the ſame, being a thing temporall; and no Prince could euer with his priuiledge diſpoſe of any thing in the State of this Common-wealth, which was born free; and ſo in no reſpect there is no derogation heerein from Eccleſiaſticall libertie.

For if this reaſon were preualent, The Church is a ſpiritual thing; wherefore he which diſpoſeth of the building of the ſame, goes about to diſpoſe of a thing ſpirituall: it would follow, Rouen, a kinde of oakes. that a Prince that ſhould prohibite to put oakes or timbers into the building of Churches, which likewiſe ſerue to build gallies, ſhips, bridges, and for other vſes; or that through ſcarcitie ſhould forbid to couer them with lead, for which he had more neceſſarie vſe in the wars, he might be ſaid to make a law againſt the Churches, and the couering of them, it being notwithſtanding true, that his ordinance is but vpon timbers and lead, which are meerely temporall things. What is it I pray you which may not be dedicated vnto diuine worſhip? Why ſurely nothing; for ſinne onely being oppoſite and contrarie vnto God, all other things may be conſecrated vnto him. He therfore that diſpoſeth of a thing by forbidding it not to be dedicated; ſhall he in this offend God? No queſtionleſſe.

For the commandements of diuine honor being affirmatiue, comprehends not all matter, all places, all times, as they would haue them to doe that wring euery thing to Eccleſiaſticall behoofe; but he permitteth, after nothing is wanting to his ſeruice, that the reſt be applied to humane vſes, and that there may be aſcribed to himſelfe, what is aptly decent and fit.

If it were lawfull againſt a Princes will to build a Church in any place, it would be in like maner lawfull to vſe any matter, or what workeman ſoeuer; the which extending euen to the furniture and ornaments of the Churches, and of the ſacred implements, it would follow that euery cloth, all mettall, wood, or any other thing, ſhould belong vnto the State Eccleſiaſtical: the abſurdity of which conſequences do euidently declare, that as the Church being once dedicated, it perteineth then to the Spiritualty; ſo no place can be dedicated, without the permiſſion of the Temporall Prince: and the equitie of this law hath euer beene apparently knowne vnto the world.L. ſacra §. 1. ff. de re diuiſ. L. ſi plures ſint & l. 2 ff. de rel. q. & ſum. fun. L. vlt. ff. un. in poſ. legael. Cicero in his Oration pro domo ſua, ſheweth, that in thoſe daies no man could conſecrate an altar, iniuſſu populi. Vnder the heathen Emperours alſo, there were foure lawes which forbad the conſecration of any thing without the Princes leaue; which Iustinian hauing placed amongſt the Digeſta, out of doubt he hath adapted them to our religion, and giuen them vigor alſo ouer the building of our Churches: and whoſoeuer ſhal read the Eccleſiaſtical Hiſtories or Iuſtinian his Nouels, will finde, that in the Emperours daies, as well in the Eaſt as in the Weſt, it hath in this point beene referred to the Prince aboue all others; ſo that their licence and fauour was euer requeſted to build new Churches; and further, that not any did euer ſo much as thinke of the building of a Metropolitan or Cathedrall Church, without the expreſſe decree and permiſſion of the Prince. Vpon this point we may peruſe the 27 Nouell of Iuſtinian, and that which Balſamo very copiouſly relateth vpon the 17 Canon in the Councell of Calcedon. And here it will not be much from the purpoſe, to adde the cuſtome of France, where they can not build any Churches without expreſſe grant by the Kings Letters-patents; and moreouer, the arreſt or Act of Parliament. And further, to ſet downe an example of ſome place in Italie, we haue it here recorded, that in the Common-wealth of Genoa, there is a particular conſtitution, that without the licence of both the Colleges, they can not build any Monaſteries, vnder penaltie of confiſcation of the place.

But the Common-wealth of Venice neuer caſt her eye ſo much vpon the materiall Churches, as on the perſons which were to gouerne them; for euery Order of religious men befit not any place. We haue an excellent example of this in the famous gouernment of the Kings of Caſtilia, where, without the Kings licence, no new religious Orders can haue any entrance into thoſe Kingdomes; and therefore euen at this preſent the Cappuchine Friers could neuer be thither admitted. And there are not many yeeres paſt ſince the Fathers of S. Francis of Paula began to build a Church in Madril, without the Kings permiſſion; which worke King Philip the ſecond made ſtay of, the Church it ſelfe yet remaining for an example, it being begun, and not finiſhed. And your holineſſe hauing ſometimes beene Nontio extraordinarie to that King, may peraduenture haue ſeene the ſame.

The foundations of this decree are no leſſe equall, reaſonable and lawfull, than moſt neceſſarie; for as it would not in any wiſe be permitted to a great number of a ſtrange State, contrarie in their cuſtomes of life, and hauing diuers ends from thoſe of a Common-wealth, to enter into the State of ſuch a Common-wealth, to gather themſelues together into one place, to make amongſt them an head, and in ſecret to practiſe with the Princes ſubiects; ſeeing this would be preſently interrupted as a ſuſpitious and pernitious conuenticle: So vnder pretext of ſome new Monaſterie, many of other nations ſometimes may come in together vnder an head, they being contrarie in cuſtomes and affections, and by the opportunitie they haue, through Confeſſions or other Spirituall conferences, inſinuating with the Princes ſubiects, they may by this meanes corrupt them in their fidelitie: this in like maner, for many excellent cauſes, is diligently to be looked vnto, for the publike preſeruation and peace of the State; and euen for this very reſpect it greatlie concerned the Common-wealth to diſmiſſe certaine Fathers of a Monaſterie, all of them being of ſtrange nations, becauſe diuers men of the Arſenall were ſeduced by them. And thus we may ſee, that the Oratories and Monaſteries in a Citie which conſiſt all of one Nation, eſpecially when they are repleniſhed with diuers ſorts of men, can not be enterteined without notable danger, if the Prince be not alwayes made priuie with what paſſeth amongſt them in their aſſemblies. Vnto this may further be annexed, that buildings which are not ſituated in conuenient places, they bring great dammage vnto Cities, and eſpecially to thoſe which are ſtrong and fortified: and it is well knowen how many Cities haue diuers times beene loſt, by meanes of a Church built without the walles, not farre from the Towne ditch, when it hath come into the enemies hands there incamped: as alſo in like maner, what hurt ſuch a building nere vnto the walles within hath procured: and ſo what a number of aedifices and erections, for important reſpects, haue beene raſed and pluckt downe for publike ſecuritie, to the no ſmall woonder (ſometimes) of deuout and ignorant perſons.

It is not only profitable for publike good, as hath aboue beene ſhewed, that Churches ſhould not be built without licence; but further, it is requiſit for the Churches themſelues, to the end that any man, at his owne will and pleaſure, may not erect them in vndecent places, neere to publicke Stewes or common Neceſſaries; nor of vnſeemly forme, or without the conuenient decorum due vnto the maieſty of Religion; ſo as they might ſerue rather for deriſion, than any thing els. And we ſee, that the great and ſuperabundant number of Churches is not profitable for deuotion, but rather quite contrarie; for when they are too many, due ſeruices can not be diſcharged to all; and one Church ill ſerued, procureth more indeuotion, than tenne well employed can preuent: as alſo, the almes ſufficeth not for all the Churches, when the number of them exceedeth; ſo as neither the old nor the new haue their requiſit cures.

Through Gods grace and fauour there want not Churches and other holy places in the Citie of Venice, and in all others ſubiect to that State; and theſe ſuch and ſo many, that ſome Cities repleniſhed with the reliques of innumerable Martyrs, ſcarſe decently preſerued, may take an example from them: and yet for all this, the Senate neuer forbare, when conuenient opportunitie was offered, to giue licence for the building of new Churches and religious places, wherſoeuer it fell out fit; and in like maner, to admit ingreſſe to new religious Orders, after the enacting of the ſayd law.

But who will not maruell, when he ſhall heare the penaltie of this Venetian law, impoſed vpon him which buildeth Churches without licence, reprehended; it being obiected by the Oppoſer, That to build them is in it ſelfe no wicked act? As though a worke of his owne nature, and in it ſelfe good, if it be performed without due circumſtances, is not vicious and deſerueth chaſtiſement. Not from the matter or obiect only (ſayth Aristotle, and after him,2. Ethic. c. 6. all the Diuines) is an action conſtrued, but from the integritie of all the circumſtances. It is good to build Churches in place, time, and maner conuenient: but without theſe conditions it is not good to build a Church on another mans ground; neither is it iuſt, without the owners conſent. Beſides the dominion which euery priuate man hath, a Prince hath a farre greater power ouer all places, to whom both the owner and the place it ſelfe is ſubiect; ſo as we may not do with them what the Prince prohibiteth and conſents not to.

Out of queſtion, I haue ſpent many more words heerein than was requiſite, that euery one (if he haue but common ſenſe) may conceiue the reaſons and occaſions of this law: but I repent me not hereof, becauſe they may alſo ſerue for a defence of that law of 1605, which prohibiteth the Laitie to alienate any thing ſtable to Eccleſiaſticks. For this doth leſſe diſpoſe of any thing of the Church, neither impoſeth it any thing vpon Eccleſiaſticall perſons, but only vpon Seculars and Secular mens goods. What iniurie ſhall a Prince offer in this, when he commandeth his ſubiects to haue no commerce with ſome kinde of perſons? The prohibiting of forren tranſportations, or to bring in all kinde of merchandize, is an vſuall thing in all Kingdoms: is it therefore an iniurie to ſtrangers? I thinke no man will ſubſcribe to this conſequence; and ſo much the rather, by how much priuate men make ſuch a law vpon their owne goods, when in contracts liuellarie they ſet downe conditions,When one builds vpō an other mans floore. that the liuellaries ſhall not ſell or alienate his goods to the Church: and yet euerie one doth this. And others in their Teſtaments, to keepe their goods in their houſe, they deuiſe couenants, that it may neuer paſſe ouer to the Church. All lawes de fide commiſſa would be againſt the liberty Eccleſiaſticall, becauſe they forbid the making ouer of any goods to the Church, and thoſe of Falcidia Trebellianica alſo, becauſe they all detaine that portion from the Church, which being taken from the legaced, they would haue then remained vnto the true heire.

I know that ſome one very deſirous of the augmentation of Eccleſiaſticall rights in the Temporaltie will affirme, that ſo it is; but I beleeue his opinion will haue but a few followers: and it is a great wilfulneſſe, to condemne actions and ordinances which all Chriſtendome, from a thouſand fiue hundred and more yeeres ſince, hath not onely (I will not ſay) admitted; but further, praiſed, commended, and thought them ſeruiceable vnto God.

There are indeed ſome, who in fauour of the Secular may ſay, That it had beene, and would yet be very lawfull, to conſtitute a law, that none might ſell their ſtable poſſeſſion without licence: which generall caueat would alſo comprehend the Eccleſiaſticks: and the Prince, being ſued vnto for licence, might readily grant it, when the alienation were to paſſe ouer to a Lay man; and ſo to denie it vpon the demiſe to an Eccleſiaſticke; and this would not be againſt libertie Eccleſiaſticall.

To whom we muſt anſwer with ſome libertie, for if they would a little looke ouer their Logicke, they ſhould finde that the whole genus being granted, euerie ſpecies in priuate and particular is yeelded vnto: ſo that whoſoeuer grants, that a Prince may abſolutely prohibite any alienation, he muſt needs likewiſe confeſſe, that hee may prohibite it in Strangers, Noble-men, Eccleſiaſtickes, or in whatſoeuer kinde of other perſons in particular. They ſay he may doe this abſolutely to all; but ſo not to the Clergie alone: and the Logician ſaies; he may vniuerſally to all; and therefore alſo to the Eccleſiaſticall in particular.

But yet we will ſpeake vnto them ſomewhat more ſeriouſly, and aduiſe them to ſtudie a little the holy Scriptures, where S. Paul will teach them: Nolite errare, Gal. 6. Deus non irridetur: A goodly matter certainly. If this be no ſinne to procure that lay goods may not be paſſed ouer to eccleſiaſtical perſons, why do they condemne it? why reprehend they it? Hath not the Prince done well enough, in no waies offending of God; and if it be ſinne, when the ſame effect remaining, the words are but onely changed; what haue they done elſe in this, but ieſted with God, and thought to deceiue him with Sophiſtications? It is not Gods pleaſure that ſuch like thoughts ſhould euer come into a Chriſtian mans heart. If it were Gods will, that the Clergie ordained by him to attend Spirituall things; & allowing this inſtitution, that they ſhould be made owners, not onely of a part of Temporall things, but euen of all; we ought not then to honour them with words onely, but euen with deeds to procure alſo, that aſſoone as poſſible, this his diuine will might be effected.

But let vs proceed to declare more perſpicuouſly, that a Prince by ſuch a law ordaineth but truly of his owne things, and not of thoſe of the Church. This is moſt manifeſt, that if any ſeruice lie vpon a poſſeſſion or tenure, the owner of the ſame cannot paſſe it ouer ſo to the Church • , as that this ſeruice and bond may be fruſtrate: but whatſoeuer poſſeſſion ſtable there is in a State, it oweth ſubiection to the Prince, the which is greater and much more ſtrict then can any waies belong to a priuate man; for the power of a Prince ouer all goods, is farre greater then is the prerogatiue of a priuate man. A Prince by his power for publike good, may extenuate and vtterly take away a priuate right; but a priuate Lord can in no wiſe derogate or take away from the power of a Prince: for euen by his will and gift, or any other meanes he cannot procure but that a Prince will haue his interreſt therein. Let euery one but weigh and conſider how conformable to nature it would be, that any thing ſhould paſſe by the diſpoſition of a priuate man vnto the Church, and that for this cauſe it ſhould be free from ſubiection to the Prince. But they will anſwer: they are content it ſhould be conueied ouer with bond and obligation, to pay all ſuch duties as it was charged withall in the Lay man. Verie good; but why at this preſent doe they conſent heereunto, and in times paſt they would be exempted from all couenant and bond. And yet moreouer we may affirme, that a Prince hath other right ouer all ſtable goods, beſides ordinarie tributes; ſeeing he may challenge extraordinarie duties alſo in the ſame, without the which couenant, it is not reaſon it ſhould be conueied ouer, becauſe as well as the others, he may taxe it with other impoſitions. And if this ſeeme ſomewhat a hard condition, yet is it but naturall. But further yet; if the Prince challenge ſome perſonall ſeruices from the poſſeſſors, as in the warres, offices, Court attendance, or any other reſpect; why ſhould he loſe it? and beſides this, the Prince hath ius, to confiſcate that ſtable poſſeſſion for the Lords offence; but being paſſed ouer to the Church, it is not then confiſcable; and therefore why ſhould the Prince loſe his ius? and heere occurreth a moſt notable example to conuince theſe opponents.

Eccleſiaſticall Benefices are voide by the death of the Intendants, and therefore the Court of Rome hath the firſt fruits, and the price of the Bolle. Many Benefices belonging to Monaſteries, Chapters, and other Fraternities, the Popes perceiuing that by ſuch a dependence they loſt that benefit, which otherwiſe by the Curats death came vnto their hands, and they conſidered that vnder euery fifteene yeeres, ſuch a vacancie might haue fallen out; and therefore they ordained, that all Benefices thus depending, ſhould pay euerie fifteene yeeres a fifteene. So in like maner may a Prince ſuppoſe, that vnder euery hundred of yeeres, a poſſeſſion may come to be confiſcated, and ſo make them pay euery hundred yeeres a valuable confiſcation.

To preuent which, in ſome kingdomes there is a cuſtome that when any thing ſtable is conueied ouer to the Church, the ſame is bound to giue homine viuente moriente, and confiſcabile, till the ſtabilitie be by royall authoritie extinct.Euery fifteene a fifteenth, & once in an hundred confiſcable value.

Stable poſſeſſion alſo, is oftentimes ſold, and paieth for the ſame ſome duties to the Prince, or goeth to ſtrange heires, for which likewiſe a certaine portion is paid: as in like maner, if after the terme of many yeeres, one of theſe accidents ſhould occurre, would it be reaſon that the Prince without any conſent giuen thereunto, ſhould be depriued of theſe his rights? And therefore the Statute of 1605 is verie iuſt and iuridiall: and if together with licence for the reaſons aboue alledged, there were a peculiar dutie paide vpon the conueiance ouer of any thing ſtable to the Church, it would not be vniuſt; for in France and many other kingdomes, when any thing is paſſed ouer with licence to the Church, they pay a third part, as they ſay, amortization, that is, for the poſſeſſion ſtable, which now lieth dead as it were to the Prince, who hath no profit nor ſeruice from it as before. There is nothing therefore committed againſt iuſtice and equitie, if the Prince ſeeing himſelfe to loſe ſo many royalties, and perceiuing the Clergie to enioy twenty times ſo much as they may well content themſelues with, deliberate and reſolue to ſtay their hands, and to permit no further purchaſe without licence: the which notwithſtanding he may grant them when it ſhall be conuenient. Theſe reſpects of confiſcation, ſale, and legacie vnto ſtrangers, concurring alſo with the ground or ſuperficies where any determine to build Churches; no wonder though a Prince permit not, that his royaltie therein be amortizate without his licence. But proceeding yet ſomewhat further; they which denie a ſecular Prince this prerogatiue, to make lawes vpon Eccleſiaſticall goods, or that Eccleſiaſticall perſons ſhould be ſubiect to ſecular lawes, they neuertheleſſe conſent to this, that any kinde of lawes may be inſtituted to comprehend within them alſo the Clergie. But publike good requireth, that this moſt principall member of a Common-wealth ſhould be preſerued, which is, the part Secular, in that it beares all burdens, performeth publike actions, as well reall, as perſonall, to the end, that fall not out whereof Vlpiano ſpeaketh;ff. de mune & bon. l. 3. Quòd viribus deſtituta erit Reſpublica. This law therefore is iuſt, and it is but conuenient, that this member ſhould be protected by the Prince, ſo that his owne good and treaſure being preſerued in the ſame, it may retaine neceſſarie force to ſerue the Common-wealth: & if it grow from this, that the Eccleſiaſticks haue leſſe then they ſhould haue; this comes not directly from the Prince, but acaccidentally occurreth; and the lawes or iuſtice hath neuer reſpect to that which inſueth indirectly or by accident: neirhet is it preſumed, he doth iniurie his neighbour that hath only reference to his owne peculiar profit, although it may wel grow therupon, that his companion is depriued of ſome gaine, which otherwiſe he might haue made to himſelfe.l. ſi quis ne cauſam ff. ſi • ert. pet. c. quia diuerſitatem de conceſ. praeb. I confeſſe, if this law were not, the Church indeed might be more enriched; but iniunctiue charitie and God commands vs, that euery one ſhould firſt regard thoſe things moſt neceſſarie for himſelfe, and that is, to follow his vocation. He that preſerues his owne, preſerues it out of doubt from comming into another mans hands; and one neuer growes rich, but another is the poorer for it: and yet it is not againſt the rule of charitie to preuent our owne pouertie, becauſe herein we hinder another mans enriching. A Prince muſt haue a care, that the peace and power of his Empire be mainteined.

And if from hence it come, that the Clergies allowance ſhall not augment, the Prince muſt not haue an eye to that. Gaietan, who was followed by diuers others,In Summa ner. excom. c. 31. denieth that Secular ſtatute to be againſt Eccleſiaſticall libertie, which reſtraineth and moderates the expence of Funerals, Marriages and new Maſſes; and yet it manifeſtly proceeds heerefrom, that the Clergie are by this meanes depriued of thoſe gaines, which otherwiſe they ſhould enioy, if all exceſſe were lawfull.

If the Clergie would buy or purchaſe,12. q. 2. with what money ſhall they buy or purchaſe? The granted Canon commands, that the Eccleſiaſticall reuenew ſhould be diſtributed into foure parts; the firſt for the Biſhop, the ſecond for the Clergies maintenance, the third for building, and the fourth for almes to the poore: the which was alſo confirmed by Charles the Great, in his Capitolar. l. 1. c. 87. The Clergie certeinly would not purchaſe with the firſt or ſecond part; and it is not conuenient to take away neceſſarie maintenance: to let old buildings go to the ground to buy new, there is no reaſon, and it would be againſt publike good; and to imploy therein the fourth part, which belongeth to the poore, pietie will not ſuffer, nor the ſaying of our Lord, ſeeing S. Paul commands vs to haue alwayes in remembrance, Beatiùs est dare, quàm accipere. Wherefore returning to poſſeſſions left or bequeathed, we muſt obſerue, that by this law the Church is not denied to holde all that which is giuen or bequeathed vnto it; the which, though they haue not in proper kinde, yet haue they the price, which is equall to the thing.

It would peraduenture be from our purpoſe, to adde hereunto, but very briefly, that it would be as euill, as profitable, for the Clergie to poſſeſſe ſuperfluouſly; for by this meanes they haue forſaken Gods ſeruice, which they haue in charge to proſecute; and in the Eccleſiaſticall lawes there is an whole title to this effect:In decretal. Ne Clerici, vel Monaci ſecularibus negotijs ſe immiſceant: where it ſeemes, that the firſt chapter was particularly made to prohibit theſe preſent diſorders:2. Tim. 2. and S. Paul in a few words commandeth; Nemo militans Deo, implicat ſe negotijs ſecularibus, vt ei placeat cui ſe probauit. In Matth. hom. 26. There is a long diſcourſe of S. Iohn Chryſostome, wherein he ſheweth, That two maine inconueniences proceed from the riches of the Church; one, That the Laitie by that meanes ceaſe from giuing of almes; and another, That Clergie men, leauing their cures, which is the cure of ſoules, they become Proctors, Economiſts, and Tole-gatherers, practiſing things vnbeſeeming their Miniſterie.

The Clergie ſometimes with grieuous complaints doe vrge, That they are forbidden that which is permitted to all other ſorts of men, euen vnto the vileſt and moſt infamous; as if they were of worſer qualitie than they. To which we may anſwer: Firſt, that euery thing is not conuenient for euery body: and it is no conſequent, though one thing be granted vnto others, that therefore it ſhould be permitted them alſo. Souldiers and Gentlemen are ſuffered to goe armed; ſhould the ſame be likewiſe permitted vnto them? And the ſame not being granted, may they iuſtly eſteeme themſelues herein iniuried, and that they are worſe intreated than all others? when if any body in the Common-wealth poſſeſſe more than his part, it is conuenient he ſhould purchaſe no more.Nouell. extrau. Conſtantinus, Porfirogenitus, Romanus & Baſilius, Emperors of Conſtantinople, made laws, that the Patritians and Senators, Biſhops and Monaſteries, might purchaſe nothing of their inferiors by ſale, donation, or teſtament, to preſerue that neceſſary member of the Common wealth: and ſo may the Senat make another law vpon the goods of the ſubiect, conuenient for their good gouernment, when need requires: and ſo they haue done vpon Eccleſiaſtical perſons at this preſent, becauſe the bodie of the Common wealth muſt be kept in ſuch temper, to the end that any one member exceed not his due proportion, & that the bodie by this means become monſtrous; and taking to it ſelfe more nouriſhment than is requiſit, it may preiudice the other members, in abridging them of their allowance; and ſo of it ſelfe not being able to digeſt this ſuperfluitie, it comes to be poſſeſſed with euill humors, whereupon, firſt infirmitie groweth to it ſelfe, and afterwards corruption to the whole bodie. But the Eccleſiaſticall State in this dominion, is a member which may be thought to be an hundred part of the whole number of inhabitants, and yet hath drawen vnto it ſelfe a portion of the goods, not proportionable to the ſame: for in the territories of Padoa they haue more than a third part; in the precincts of Bergamo more than the halfe: and there is no place where they doe not enioy at leaſt a fourth of the goods and wealth; and if they were ſuffered yet ſtill to purchaſe, there is no doubt, but in time they would be Lords of the whole countrey, leauing all others poore and naked, yea, euen ſlaues, and cutting off the Seculars from all ſuſtentation and nouriſhment.

The time and place preſent require a law, which may prohibit ſuch an exceſſe. In ancient times, when the State Eccleſiaſticke was gouerned after the ſame maner as the bleſſed Apoſtles inſtituted it, and the holie Fathers after their examples proſecuted the ſame, it was then very profitable that it ſhould poſſeſſe much; and in the bodie of the Common-wealth it was like the ſtomacke, which receiued indeed all the meat, but ſo it digeſted little for it ſelfe, and much for others. And thus the Clergie poſſeſſing much, and participating but ſparinglie of the profit of the incomes it ſelfe, but diſtributing all the remainder in almes deeds, they were very emolumentall to the Common-wealth: for the which reaſon alſo, euery one laboured to powre vpon them goods and poſſeſſions, becauſe the more they had, the more it redounded to publike vtilitie and profit, in which the Eccleſiaſticks were Gardians, and Procurers for the poore and needie; ſo that from this no monſtruoſitie was deriued, goods Eccleſiaſticall being as common goods, which gaue nouriſhment and increaſe to all the whole bodie proportionablie, and not to one part alone. But this laudable cuſtome now being come to an end, the ſubſtance and goods conueyed ouer to the Church, ſurmount in meaſure and equalitie; and this is too diſproportionable for the body of the Common-wealth, which would finde a great diſcommoditie, if it ſhould further augment: neither could it be well gouerned, but of neceſſity either it muſt be reduced to his true meaſure and proportion, or els the ruine of the whole bodie muſt ſucceed. And though we haue ſpoken of Eccleſiaſticall goods, as common to them all, yet is not the poſſeſſion thereof equallie diuided amongſt them; nay, and which is more, the fourths of the Religious liue not vpon the Church reuenewes, but vpon almes, and ſecular mens deuotions; the poſſeſſions and reuenewes lying in the hands of a few of the Clergie, which ſcarſely amount to the fourth part of them. And that which more importeth, is, that the moitie of theſe inhabit out of the State, and yet theſe hale vnto themſelues all the reuenewes, with moſt euident loſſe and preiudice to publike ſeruices and emploiments.

Ad fra. in er • m. ſer. 52. And if in better times, when men thought more on heauen than on the world, and when the Auguſtines flouriſhed, who refuſed ſuch inheritance as was left vnto the Church, by depriuing of their owne children, there was ſuch purchaſe made; what would fall out in theſe our after dayes, there now liuing a number, who with deuices and deceits labour ſtill; for out of doubt it is to be feared, that in two or three hundred yeeres, their purchaſe will grow to that height, as they will become Lords ouer all. There are Monaſteries which haue beene now built this three hundred yeeres, and yet haue they not the fourth part of the reuenewes which ſome haue that were built within theſe fortie yeeres. Now there are diuers Religious orders, which are prohibited to poſſeſſe any thing ſtable; the which if it were remooued, which in probabilitie might eaſily be done, becauſe we ſee as much done by foure moſt numerous orders, beſides ſome other minors; let any man that hath iudgement but imagine, what purchaſe in a moment would be made.

Many things in their beginnings haue beene good, which altering with time become moſt pernicious. The purchaſe of the Clergie men, which was excellent in the beginning, is fallen by foure degrees, vnto this preſent State: Firſt,Act.... the poſſeſſions were ſold, and the Clergie and poore were mainteined of the price: Afterwards they ſtudied how to retaine the freehold, and to mainteine the poore of the incomes: Thirdly, there was diſtribution made of it, into foure parts; one for the Biſhop, the ſecond for the Clergie,c. futurum &c...... the third for the building, the fourth for the poore. Now there is a ſtaie of the profits, and an opinion ſtart vp, which by all the Diuines & good Canoniſts, was euer reiected: that,c. conceſſo. Clerici ſunt Domini fructuum: although the ſacred Canons and holy Fathers haue euer conſtantly preached, that the Eccleſiaſticall goods belonged to the poore: For which cauſe alſo the ſacred Councell of Trent: Omnino interdicit Epiſcopis, ne ex reditibus Eccleſiae, conſanguineos, familiare ſue ſuos augere ſtudeant, cùm & Apoſtolorum Canones prohibeant, ne res Eccleſiasticas, quae Dei ſunt, conſanguineis donent. Sed ſi pauperes ſint, ijs vt pauperibus diſtribuant. And a little vnderneath; Quae verò de Epiſcopis dicta ſunt, eadem non ſolùm in quibuſcun que beneficia Eccleſiaſtica tam ſaecularia, quàm regularia obtinentibus pro gradus ſui conditione obſeruari, ſed ad S. R. E. Cardinales pertinere decernit.